1.     General provisions

1.1.   “User”, “you” and “your”, as referred to in these Website Terms and Conditions of Use (hereinafter Terms), shall refer to a natural person who visits, accesses or uses this website (hereinafter Site) for any purpose.

1.2.   “We”, “our” and “us”, as referred to in these Terms, shall refer to DueMark dooel, whose registered office is at Blvd. Jane Sandanski 43/3-5, 1000 Skopje, North Macedonia (hereinafter DueMark).

1.3.   This Site is the property of DueMark.

1.4.   By accessing and using this Site, you are agreeing to be bound by these Terms as stated herein.

1.5.   Should any provision of these Terms be declared inapplicable or contrary to a mandatory statutory provision, this shall not affect the validity or enforceability of the rest of the provisions.

1.6.   Besides being satisfied by the sending of a paper form letter in original, the condition of “written notice”, “written instrument”, “written consent”, “in writing”, “written” used throughout these Terms shall be deemed satisfied by means of sending an electronic mail (email) or facsimile (fax) as well, unless otherwise expressly indicated. A written notice delivered in any of the three above-indicated ways will be deemed to have been received on the day of its delivery.

2.     Intellectual property

2.1.   This Site and all content on the Site (including, without limitation, the trademarks, service marks, trademark names, logos, designs, texts, graphics, software compilations and underlying source code) is the property of DueMark or licensed to DueMark and is protected by the North Macedonia and international copyright and trademark laws.

2.2.   DueMark’s registered and unregistered intellectual property rights may not be used for any purpose (other than those permitted by law) without DueMark’s prior written consent.

2.3.   This Site and all content on the Site may not be reproduced, transmitted, re-transmitted, distributed or re-distributed without DueMark’s prior written consent and according to these Terms.

3.     Conditions of use

3.1.   You undertake and agree that you shall at all times use all reasonable endeavors to observe and perform these Terms, and in particular shall not:

         a)   use this Site, its content or our intellectual property rights for any unlawful purpose or a purpose prohibited by these Terms;

         b)   upload or transmit through this Site any computer malware including viruses, Trojan horses, worms, or anything designed to interfere with or disrupt the normal operating procedures of a computer;

         c)   upload or transmit through this Site a material that is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

         d)   use this Site in a manner that violates or infringes the rights of any person or company (including, without limitation, intellectual property rights, confidentiality rights, privacy rights);

         e)   use this Site in a manner or for a purpose that would breach the applicable laws in any applicable jurisdiction (including, without limitation, your local law and jurisdiction);

         f)   obtain or attempt to obtain any materials or information through any means not intentionally made available by us through this Site or the services provided on it;

         g)   use this Site in a manner which may damage, disable, overburden or impair our server or Site, or the network(s) connected to our server;

         h)   use this Site in a manner which may interfere with any other party’s use and enjoyment of this Site or of the services provided on it; 

         i)   use this Site in a way that may cause it to be interrupted, damaged or rendered less efficient, or that may impair its effectiveness or functionality;

         j)   attempt to gain unauthorized access to any services, computer systems or networks connected to our server or this Site through hacking, password mining or any other means;

         k)   interfere with or diminish our right, title and interest (or that of our licensors) in this Site and the services provided on it.  

 3.2.   You undertake to comply with any and all applicable North Macedonia and international laws and regulations, and you hereby agree that you shall be responsible for compliance with any and all applicable local laws and regulations.

3.3.   You shall not, without our prior written consent:

         a)   reproduce, duplicate, copy, download, sell, re-sell or otherwise exploit for any commercial purpose any part of this Site;

         b)   frame or use framing techniques or other technology to display this Site, any content of this Site or any of our intellectual property rights, on a third-party website;

         c)   use in a webpage any meta tag or other invisible or hidden text referencing our name or using our intellectual property rights.

4.     Limited use license

4.1.   We hereby grant you a limited use license only giving you the right to temporarily view, download and make electronic copies of the materials and information provided on this Site or to print them in hard copy, solely for informational and non-commercial or personal use, for the purpose of researching or using our services. We do not transfer any rights to any of the materials and information provided on this Site besides those limited rights granted herein.

4.2.   You shall always acknowledge our status or that of any specifically identified contributors as the authors of the materials and information on this Site.

4.3.   Any other use of the materials and information provided on this Site without our prior written consent is strictly prohibited. This includes, without limitation:

         a)   modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing of any materials and information provided on this Site;

         b)   creating derivative works from the materials and information provided on this Site;

         c)   using the materials and information for commercial purposes, or for public purposes such as public display (commercial or non-commercial);

         d)   attempting to decompile or reverse engineer any software contained on this Site;

         e)   removing any copyright or other proprietary notations from the materials and information;

         f)   transferring the materials and information to another person or “mirroring” them on another server.

4.4.   The limited use license terminates automatically in the event you violate any of these restrictions and/or any other terms and conditions enumerated herein. We may also terminate the license at any time and without notice.

4.5.   You shall, upon termination of the limited rights granted by the limited license regarding viewing and/or downloading the materials and information or upon termination of the license, destroy any and all downloaded materials and information in your possession regardless of the format they are in.

5.     Disclaimer

5.1.   This Site contains materials and information of a general nature and is provided on the understanding that none of content herein constitutes legal or other professional advice.

5.2.   While we always attempt to obtain all materials and information contained within this Site from reliable sources, all such materials and information are provided by us on an “as is” and “as available” basis, without warranty of any kind including, without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or make any representations regarding the accuracy, completeness, currency, reliability or likely results of the use of the materials and information contained on this Site. We disclaim all liability and responsibility for any loss that may arise from reliance on materials and information contained on this Site.

5.3.   Our Site may contain certain statements describing a forward looking approach to our company, our services as well as our objectives. Such statements reflect our expectations for the future and are based on current assumptions. As such they are subject to uncertainties and a degree of risk which could cause the actual results or events to materially differ from our current expectations. We do not make any warranties or give any assurances that any statements will materialize. You are thus cautioned and are hereby given notice, to not place undue reliance on these statements, which reflect expectations only as of the date of this Site. We disclaim any intention or obligation to update or revise any of these statements contemplated herein.

6.     Limitation of liability

6.1.   In no event shall we or our suppliers be liable for any damages including, without limitation, damages for special, direct, indirect, consequential or incidental loss, loss of data, loss of profit or damages resulting from a business interruption, arising out of the use or inability to use the materials and information on this Site, whether or not such damages occur in an action of contract, negligence or other tortious action and regardless of whether we or an authorized representative of ours has been notified orally or in writing of the possibility of such damages. As certain jurisdictions do not allow limitations of liability on implied warranties, consequential or incidental damages, these limitations may not apply to you.

7.     Links

7.1.   This Site may contain links to third-party websites, blogs or other social media outlets (hereinafter Third-Party Sites) maintained by third parties over whom we have no control. Such links are provided for reference and information purposes only.

7.2.   Use or access to any such Third-Party Site is at the User’s own risk, we are not responsible or liable for the content and accuracy of information contained within any such Third-Party Sites. Specifically, providing such a link on this Site does not constitute authorization to access such Third-Party Sites, nor does it imply any endorsement and approval whatsoever by us of the Third-Party Sites and any materials, information, products or services contained and any viewpoints expressed therein, unless expressly indicated on this Site. We are not required to maintain or update such links and make no warranties whatsoever in regards to these links.

7.3.   You may link to any web page on this Site, provided you do so in a manner which is fair, reasonable and legal and which is not detrimental to our reputation and goodwill nor does it take commercial advantage of them. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists. We may withdraw a given permission to link to this Site without notice.

7.4.   We disclaim any responsibility or liability for access to, or the materials and information contained within, any Third-Party Site which is linked from or links to this Site.

8.     Revision of this Site and these Terms

8.1.   We may change the content of this Site at any time without notice. We do not, however, make any commitment to update the content. We may suspend or close this Site indefinitely if such need arises.

8.2.   We may revise these Terms at any time without notice. By using this Site, you agree to be bound by the then-current version of these Terms.

9.     Unsolicited user provided content

9.1.   We and our employees acknowledge that we may receive unsolicited ideas and/or works including, without limitation, ideas and/or works for new marketing campaigns, promotions and strategies, original creative artwork, new products, services, processes, software and/or technology, materials, new names for our services, samples, demos or any other forms of ideas and/or works.

9.2.   You hereby acknowledge that neither us nor any of our employees request nor accept any unsolicited ideas and/or works in any way and that any such unsolicited submission is at your own risk.

9.3.   You hereby acknowledge that any unsolicited ideas and/or works submitted through this Site will not be treated as confidential and/or proprietary by us and that any potential similarities between our services, ideas, works or marketing strategies and any unsolicited ideas and/or works received from you are purely coincidental and in no way grant you any property rights in any of our published services, ideas, works or marketing strategies. In case you obtain any lawful and limited property rights in any unsolicited ideas and/or works either before or after the unsolicited submission through this Site, you hereby grant any and all your limited, lawful ownership and/or property rights to us.

10.     User provided submissions

10.1.   We do not claim proprietorship of the materials you may provide us with including, without limitation, suggestions, posts, uploads of images, photos, pictures or other graphical content, input, feedback or submissions to any of our services for review by the general public or by the members of any public or private communities (hereinafter Submissions).

10.2.   By posting, uploading, inputting, providing or submitting your Submission of any such materials, you hereby grant us and all necessary sub-licensees a license to use your Submission in connection with our internet businesses’ operations including, without limitation, all of our services. Said license will include, without limitation, the right to:

         a)   copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission;

         b)   publish your name in connection with your Submission; and

         c)   sub-license these rights to a third-party at our sole discretion.

10.3.   You hereby acknowledge and agree that no compensation shall be paid by us with respect to the use of your Submission, as provided herein.

10.4.   We are under no obligation to post and/or use your Submission and have the sole discretion to remove your Submission at any time without notice.

10.5.   By posting, uploading, inputting, providing or submitting a Submission, you hereby warrant and represent that you own or otherwise control all the rights to your Submission including, without limitation, all rights legally required for you to do so.

11.     Privacy

11.1.   We are strongly committed to respecting your privacy and the use you make of this Site. Please refer to our Privacy Policy available on this Site, which also governs your visit to this Site, to understand our privacy practices.

12.     Governing law and venue

12.1.   These Terms and any claim arising out of, related to, or in connection with a visit to this Site, shall be governed by and construed in accordance with the law of the Republic of North Macedonia, and you and us submit to the exclusive jurisdiction of the courts of North Macedonia. However, nothing within this section prevents us from bringing proceedings against you for breach of these Terms in your country of residence or any other relevant country.

13.     Contact

13.1.   Should you have any inquiries and/or comments regarding these Terms or this Site, please do not hesitate to contact us at:

         a)   compliance@duemark.com – by email

         b)   +389 XXX        – by phone

         c)   +389 XXX        – by fax

         d)   DueMark dooel, Blvd. Jane Sandanski 43/3-5, 1000 Skopje, North Macedonia – by mail