Introduction

These rules or General Terms and Conditions define the obligations, rights and conditions for the use of the Mobile Application 'I-TROPHY', the Publisher of which is company M PUP Transport in Logistika d.o.o., short company name: M PUP d.o.o., registration number: 7191090000, VATIN: SI63449145, Šmartno v Tuhinju 23, 1219 Laze v Tuhinju, and which are applicable for every current version of the Mobile Application and all upgrades and/or new versions and/or any changes made to the Mobile Application, as well as for the use of website www.i-trophy.com.

They are published on the Publisher's website at www.i-trophy.com.

Technical implementation, technical support and user support is provided by BEPET STUDIO, izdelava spletnih strani, Jure Benkovič, s.p., registration number: 8649235000, tax ID no.: 55267165, Novi trg 24, 1241 Kamnik.

Definitions

Password is a combination of letters and/or numbers and/or other characters, which the User sets for accessing the Mobile Application and/or the Website during Registration or modifies after Registration, and which enables Login to the Mobile Application and/or the Website.

Email Address is a combination of letters and/or numbers and/or other characters, which the User sets for accessing the Mobile Application and/or the Website during Registration or modifies after Registration, and which enables Login to the Mobile Application and/or the Website.

Publisher is company M PUP Transport in Logistika d.o.o., short company name: M PUP d.o.o., registration number: 7191090000, VATIN: SI63449145, Šmartno v Tuhinju 23, 1219 Laze v Tuhinju.

Mobile Application means the 'I-TROPHY' application.

Smartphone is a device on which the Mobile Application can be installed and used.

Login is every login of the User in the Mobile Application and/or Website database after Registration, when the database already contains the User's data and the User's email address has already been confirmed in the database, and the user account has already been activated. Login thus means that the User needs to enter only the User's Email Address and Password in order to enter and view the Mobile Application and/or the Website.

Developer is Jure Benkovič, s.p., registration number: 8649235000, tax ID no.: 55267165, Novi trg 24, 1241 Kamnik.

Registration is the first entry of the User in the Mobile Application and/or Website database, when the User enters their required information, gives consent to the General Terms and Conditions, and confirms that they have read their contents. Registration creates a user account for use in the Mobile Application and/or the Website.

General Terms and Conditions is the current valid version of these GENERAL TERMS AND CONDITIONS OF USE OF THE 'I-TROPHY' MOBILE APPLICATION AND PRIVACY POLICY.

The Website is the website www.i-trophy.com and any pages on this website.

User is a natural person using the Mobile Application and/or the Website in accordance with the General Terms and Conditions.

About the Mobile Application and Website

The Mobile Application is intended for photographing and sharing photos of hunting trophies between individual Users, and for subsequent rating of individual hunting trophies. It allows Users to take photos of captured hunting trophies and to share them with other Users, and to rate uploaded photographs of hunting trophies of other Users.

The website is intended for information about the Mobile Application and provides the option of paying a subscription for the Mobile Application.

The Mobile Application can be used by natural persons aged 15 or more and with full legal capacity.

The Email Address and Password of an individual User are linked to the User's person, who must prevent third parties from using the Mobile Application with their identification details, regardless of whether the User uses the Mobile Application free of charge or on a basis of paid subscription. An individual User can have only one registered user account. User accounts are non-transferable.

Use of the Mobile Application is free of charge, except in the case of purchasing the extended one-year access referred to in the following paragraph. Free-of-charge use of the Mobile Application allows one (1) photographing, one (1) sharing, and one (1) rating of one (1) hunting trophy, and unlimited viewing of other submitted and uploaded hunting trophies in the Mobile Application.

Use of the Website is free of charge.

The User can purchase extended one-year access to the Mobile Application, which allows unlimited photographing, sharing and rating of hunting trophies. The price of one-year access, i.e. subscription, is EUR 19.99. Payment can be made in a lump sum using the provided option within the Mobile Application or using the Website, where the User logs in with the same information (Email Address and Password) as in the Mobile Application. Payment can be made with a Mastercard, Visa or American Express bank card. The provisions of the section 'Payments in the Mobile Application' below apply to the payment.

The User can not demand a refund of the paid subscription in any case, even if they stop using the Mobile Application, or if for any reason their user account is deleted or deactivated, or if the User is otherwise prevented or blocked from using the Mobile Application.

Payment of the subscription allows the User to use extended access, i.e. unlimited photographs, sharing and rating of hunting trophies, from the moment of payment until the end of the day in the next calendar year that corresponds to the date of payment of the extended access subscription. After the one-year extended access expires, the User can use the Mobile Application as a free-of-charge version, i.e. without the content and options provided by the extended access, or renews the extended access at the price and under the conditions that apply on the day of the extended access renewal. The User may also renew extended access before it expires. The Mobile Application informs the User about the option of renewing extended access.

Login

By Logging in, the User can access the limited or full functionality of the Mobile Application, depending on the payment of annual subscription, and annual subscription payment options through the Website. The User logs in to the Mobile Application with their user account, which they create when using the Mobile Application and/or the Website for the first time during the Registration process.

Registration

At Registration, the User must confirm that they have carefully read the General Terms and Conditions and that they agree and fully accept them. At Registration, the User must also confirm that they meet other conditions for the use of the Mobile Application specified in the General Terms and Conditions.

At Registration, the User must enter the required information and fill out the required fields in the Mobile Application and/or the Website. Required information are necessary for Login and use of the Mobile Application and for other types of processing, in accordance with the purpose and legal bases, and are entered in the field marked as required. In the event that the User does not wish to submit any required information in the Registration process, the User will not be able to complete the Registration and subsequently will not be able to create a user account and use the Mobile Application.

Deletion of user account

The User can request the deletion of the user account by sending a free-of-charge email to support@bepet.org. After the request for deletion is correctly submitted and processed, the user account of the User will be deactivated and deleted. The request for deletion of the user account is irrevocable; however, the User can create a new user account in accordance with the General Terms and Conditions. If the User cancels or deletes the user account before the end of the subscription period for the Mobile Application, the User is not entitled to a refund of the subscription.

Technical requirements

The User can download the Mobile Application to their Smartphone from online or mobile stores for mobile applications, specifically:

- for Smartphones with the iOS operating system, via the App Store
- for Smartphones with the Google Android operating system, via the Google Play Store

Even with the free-of-charge use of the Mobile Application and/or the Website, the User must ensure potential payment of data transfer charges for downloading the Mobile Application to their Smartphone, which is charged by their selected service provider according to the valid price list. Downloading and using the Mobile application is also possible abroad (roaming) with the appropriate network; however, downloading and using the Mobile Application abroad is charged at roaming data transfer prices, according to the valid price list of the selected operator for roaming data transfer. All data transfer costs and other possible costs related to the download of the Mobile Application are borne by the User.

The use of LTE or 3G network or fixed electronic communication network (fixed Internet connections) is recommended for downloading and using the Mobile Application. It is possible to download and use the application with a slower Internet connection, but the download of the Mobile Application can take lower and its operation may be slowed down. The Mobile Application runs on the following operating systems: iOS 10 and later (Apple) or Android 5.0 and later (Google). Due to technical limitations of older operating system versions, some applications are no longer available, functionalities do not work properly or can not be displayed.

Payments in the Mobile Application

The purchase of a one-year subscription for the use of the Mobile Application is executed via the internal payment system of the User's Smartphone operating system, i.e. Google Pay or Apple Pay.

In the process of purchasing a one-year subscription for the use of the Mobile Application, the User is given the option of means of payment that the User has included in the specific payment system of their Smartphone operating system. The User makes a purchase using the selected means of payment using the procedure of the respective payment system provider.

The Publisher guarantees and provides all the necessary technological and organisational solutions to ensure complete security of the payment system implementation within the Mobile Application. The Publisher assumes no responsibility for the payment and purchase procedure itself, as these are payment systems of third parties for which the Publisher is not liable.

The User can also set up a one-year subscription for the Mobile Application via the Website, where payment can be made with a Mastercard, Visa or American Express bank card. Under this payment option, the Publisher provides all the necessary technological and organisational solutions to ensure complete security of the purchase. The transfer of personal and other transaction data on the website is carried out securely using the SSL (Secure Sockets Layer) protocol. Secure authorisations and transactions with bank cards and the payment itself are carried out by company Stripe ltd. in accordance with their Terms and Conditions and 3D secure 2.0 protocol or other method of strong customer authentication determined by the Publisher of the means of payment. Card authorisations are performed in real time with immediate verification of data in the banking system. The security of the purchase is ensured in compliance with all applicable legal obligations and recommendations of the Slovenian and international consumer associations.

User support

regarding the operation or non-operation of the Mobile Application and/or the Website and in case of other questions related to the Mobile Application, the User may contact the technical support staff via a free-of-charge email at support@bepet.org. The User will receive an answer to their question in the shortest possible time or, alternatively, the Publisher and the Developer will try to eliminate any potential error in the operation of the Mobile Application and/or the Website as soon as possible.

Limitation of liability

In any event, the Publisher assumes no liability and makes no representations to the User regarding any potential failure or inability to use the Mobile Application and/or the Website, but will only endeavour to ensure uninterrupted operation of the Mobile Application and/or the Website.

The Mobile Application and/or the Website uses independent external services and third-party applications for individual functionalities (especially the payment system within the Mobile Application and the payment system accessible through the Website). The use of these services and/or applications is subject to the terms and conditions of use of this external service and/or application as set out for each external service and/or application, and the Publisher assumes no responsibility and gives no guarantees in this regard. The Publisher is also not responsible for the form and content of data obtained through these external services and/or third-party applications.

The Publisher is not responsible for any occasional non-functioning of the Mobile Application and/or the Website, potential inaccuracy of information, or for any damage and/or loss of income that could result from the use of the Mobile Application and/or the Website. The Publisher is also not liable for any damage that may arise from access to information, use or inability to use the information, or for any errors or omissions in the content within the Mobile Application and/or the Website.

The use of the Mobile Application and/or the Website and their data is for information purposes only; therefore, the Publisher assumes no responsibility for any errors in the content and the veracity and accuracy of the published data. This is especially true for all Users' posts.

The User is responsible for their every activity within the Mobile Application and/or the Website. In the event of use of the Mobile Application and/or the Website in violation of the General Terms and Conditions or a reasonable suspicion that such use has occurred, the User must immediately notify the Publisher by e-mail to support@bepet.org. The Publisher is not liable for any damage that the User suffers due to unauthorised use of the user account or Password with which the User is registered or logged into the Mobile Application and/or the Website.

The Publisher is not liable for any errors and potential damage resulting from the transmission of incorrect data and/or other actions of the User, e.g. upon Registration or Login to the Mobile Application and/or the Website. Furthermore, the Publisher reserves the right to change, add or remove contents of the Mobile Application and/or the Website at any time without prior notice. The User uses the Mobile Application and/or the Website at their own risk, and the Users must ensure appropriate and necessary data protection on their Smartphone on which they have installed and use the Mobile Application and/or the Website.

The Publisher may, at its sole discretion, cease to provide the Mobile Application and/or the Website for any reason. In this case, the Publisher undertakes to inform all Users in a timely and appropriate manner. In the event of reasonable suspicion of use of the Mobile Application and/or the Website in violation of the General Terms and Conditions, the Publisher reserves the right to deactivate and delete the user account or disable the use of the Mobile Application and/or the Website and demand compensation for any damage.

Upgrade of the Mobile Application

The Publisher reserves the right to regularly publish new versions of the Mobile Application, without prior notice or permission of the Users, for the purposes of technical and functional upgrades of the Mobile Application. The Publisher will inform the Users about potential new versions of the Mobile Application after the upgrade has been prepared and published, via the Mobile Application itself or via the platform used to download the Mobile Application. Depending on the User's Smartphone settings (especially regarding application updates), the Mobile Application can also be updated automatically.

User’s obligations

The User undertakes to not use the Mobile Application and/or the Website for prohibited or illegal purposes and to refrain from violating the General Terms and Conditions in any way when using the Mobile Application and/or the Website. The User may not use the Mobile Application and/or the Website in a way that could damage, disable, overload or damage the Mobile Application and/or the Website or the Publisher, as well as third parties and/or their property.

The User undertakes to use the Mobile Application and/or the Website in accordance with the General Terms and Conditions and to ensure the confidentiality and security of passwords.

In particular, the User undertakes to use the Mobile Application in a morally acceptable manner, specifically by making sure that the submitted photographs uploaded to the Mobile Application do not depict torture and/or illegal handling of animals. Furthermore, the User must also refrain from uploading photographs to the Mobile Application that are gruesome, cruel or such that they depict scenes not congruent with the purpose of the Mobile Application (i.e. sharing and rating hunting trophies with other Users). Photographs not congruent with the purpose of the Mobile Application are not permitted on the Mobile Application, and may be removed by the contractor without notice to the User and without the User's permission, disabling the User's access to the Mobile Application or deleting and deactivating the User's account.

By uploading a photograph to the Mobile application, the User guarantees to the Publisher that all submitted photographs are the their completely original work, for which they have exclusive copyright, that they have not transferred or will not transfer any copyright to other persons, and that the submitted photograph is in no way a derived work and/or existing work. Furthermore, by uploading a photograph to the Mobile Application, the User guarantees to the Publisher that the User has all relevant copyright and other intellectual property rights (including possible trademark ownership and licenses), as well as all other relevant rights to submit works to the Publisher, for all submitted and/or used material, work, content, texts, photographs and other copyright works.

The User shall be fully and unlimitedly liable to the Publisher for any violation of the guarantee referred to in the previous paragraphs for all damages incurred as a result of the aforementioned violation by the Publisher and for damages incurred by third parties, if such third parties claim damages from the Publisher and/or or would make any other claims against the Publisher on such grounds.

In the event of unauthorised use of the username or Password, the User is obliged to inform the Publisher by email to support@bepet.org. In the event of illegal use and/or any other misuse in access or use of the Mobile Application and/or the Website by Users or any other persons and/or in the event of a suspicion of Password misuse, the Publisher is entitled to implement all measures and other actions that it at its own discretion considers necessary to protect its rights and interests and/or to protect the rights and interests of other Users and/or to protect the rights and interests of any other third parties (e.g. prevent access to the Mobile Application, etc.).

Intellectual property rights

All data, images, software code and other information within the Mobile Application and/or the Website are subject to copyright and related rights and industrial property rights of the Publisher and/or the Developer as defined by the relevant legislation governing the protection of copyright and related rights and industrial property rights.

With Registration or each Login to the Mobile Application, the User acquires a non-transferable and non-exclusive right to use the Mobile Application exclusively on their Smartphone, exclusively for the purpose for which the Mobile Application was created. The right to use the Mobile Application is valid only for non-commercial purposes. The Publisher does not transfer other economic rights of the author or industrial property rights to the User, nor does it give the User the right to use the corporate design and/or the software code itself, which is owned by the Publisher and/or the Developer. It is prohibited to make copies of the Mobile Application, of any data from the Mobile Application database, install the Mobile Application on a server or other platform, lease the Mobile Application, sub-license the use of the Mobile Application, or modify or otherwise interfere with the functioning of the Mobile Application and/or its software code.