UVOD
INTRODUCTION
These terms and conditions ("Terms") govern your use of the Postay mobile application and/or website (the "Platform"), which is owned and operated by Postaj Ltd., a company based in Croatia with its registered office at Lapačka 17, Zagreb, Croatia (referred to as "Postaj" or "Postay"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.
ABOUT US
Postaj is a limited liability company established in Croatia, registered with the Zagreb Chamber of Commerce under number 49576018121, with its headquarters at Lapačka 17, 10000 Zagreb. Postaj acts as an intermediary connecting users ("Users") and service providers ("Partners") through the Postay mobile application and website. Our application facilitates the finding and hiring of service providers for Users' needs, designed to simplify the process of finding and booking services, saving Users time by serving as a bulletin board where Users can post the need for a specific project, and potential service providers can respond to the project.
DEFINITIONS OF MAIN TERMS
User - A person who has posted a request for services or tasks on the Platform.
Service Request - A posting by a User seeking the execution of works and/or services by a Partner.
Partner - Service providers or contractors, independent third parties.
Partner Services - Services that Partners offer and provide to Users.
Postaj - Postaj d.o.o. or any of its subsidiaries or affiliated companies.
Postaj Services - Services provided directly by Postaj.
Postay Mobile Application - The mobile application owned by Postaj that enables the connection of Users and Partners.
Postay Website - The website owned by Postaj.
Postay Platform - The combined Postay mobile application and website.
GENERAL TERMS
The General Terms apply to all relationships between Users and Postaj regarding the use of the Postay mobile application and website. The General Terms define, among other things, access to the Postay mobile application and website and the use of Postaj Services. By registering on the Postay mobile application and confirming on the Postay website, you are considered to have agreed to the General Terms and entered into a contractual relationship with Postaj. Amended General Terms take effect upon publication on the Application or website or notification from info@postaj.app. Continuing to use the Postay Platform after the date of publication or receipt of the Notice is considered consent to the amended General Terms.
SERVICES PROVIDED BY POSTAY
Services provided by Postay include, but are not limited to:
Access and use of the Postay Platform, which allows Users to post Service Requests, connect with Partners, exchange information, arrange service execution, and review the received service.
Access and use of the Postay Platform, which allows Partners to view posted Service Requests, obtain information about the requested service, express interest in providing the service, connect with Users, exchange information, arrange service provision, and review Users.
If the User and Partner agree to collaborate, the contractual relationship established for the provision of services (based on the posted Service Request) is a separate contractual relationship directly between the User and Partner, in which Postay is not a party. Postay is under no circumstances responsible for the fulfillment of the contract directly between the User and Partner. The Postay Platform may use links from other websites not under Postaj's control. Postay is not responsible for the information and materials or other content available on third-party websites.
HOW TO USE THE PLATFORM
The User posts a Service Request on the Postay Platform. The request must include the following information:
• Description of the problem,
• Timeframe in which the User prefers the service to begin (up to three dates for the Partner to visit the service location, if needed, and start the service),
• Photos of the service subject,
• Location of the service (city and district).
Once the User posts a Service Request, Partners can apply. By applying, the Partner confirms their readiness to execute the service described in the Request. Each interested Partner's application is notified to the User via the Postay Platform. After the Partner applies for the job, both the User and Partner receive each other's contact details to connect. The User is not obligated to contract the service with any interested Partner. Once the User and Partner directly agree on the legal transaction, the User confirms the agreement on the Postay Platform. Partners are responsible for all obligations arising from providing services.
RATING
Users and Partners can rate each other through the Postay Platform. When rating, Users must adhere to the following criteria: only rate someone with whom you have had direct experience, avoid using profanity, offensive, racist, and hateful language, ratings must not contain discriminatory references based on any discriminatory basis under the Anti-Discrimination Act (NN 85/08, 112/12), avoid making conclusions about the legality of someone's actions, it is forbidden to publish false and misleading statements, do not organize campaigns encouraging others to post reviews, whether positive or negative. Postay reserves the right to accept, reject, or remove ratings at its discretion. Postay is not obligated to review and delete ratings.
USING THE PLATFORM SERVICES
The Postay Platform can be downloaded or accessed on most modern mobile devices with internet access and equipped with operating systems such as Android or iOS. The Postay mobile application cannot be accessed via a personal computer. The User/Partner is responsible for ensuring network access and mobile operator tariffs and charges, including data usage while using the Postay Platform. The User/Partner is responsible for ensuring that their personal computer/mobile device is adequate for accessing the Platform and for maintaining necessary updates. To use the Postay Platform, registration is required. Users/Partners must be of legal age. Personal data required for registration include: name and surname, phone number, and email address. If additional data is needed for adequate use of the Platform, Postay will request it from the User. Postay may temporarily restrict access to the Platform if there is suspicion that the obligations defined in these Terms have been violated.
INTELLECTUAL PROPERTY
Our Intellectual Property
Postaj is the owner of all intellectual property rights in Postay services, including all source code, databases, functionality, software, website design, audio, video, text, photos, and graphics in Postay services (collectively referred to as "Content"), as well as trademarks, service marks, and logos contained therein (hereinafter: "Marks").
Use of Services
Postay retains all rights not expressly granted by these Terms. The services of our Platform, our devices, and all data collected through the Postay Platform (including all intellectual property rights in all of the above-mentioned) are and remain the property of Postay. The User may not personally, nor allow any third party to:
License, sublicense, copy, modify, distribute, create, sell, resell, transfer, or rent any part of the Postay Platform;
Reverse engineer or attempt to extract the source code of Postay mobile applications and/or websites, except where permitted by law;
Launch or cause to launch any programs or scripts for scraping, indexing, surveying, or otherwise mining data that form any part of the Postay mobile applications and/or websites or data;
Use, display, or manipulate any of Postay’s names, marks, or works for any purpose other than using the Postay mobile applications and/or websites and/or services;
Create or register a business, URLs, domain names, names or titles of software applications, names or profiles on social media platforms that contain Postay’s names, marks, or works or any confusingly or substantially similar name, mark, title, or work;
Use Postay’s name, mark, or work as your profile picture or background on social media;
Purchase keywords (including but not limited to Google AdWords) that contain any of Postay’s names, marks, or works;
Apply for registration, refer to, use, copy, and/or claim ownership rights in Postay’s names, marks, or works, or in any confusingly or substantially similar name, mark, title, or work, in any way and for any purpose, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works.
PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You agree not to:
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Postay.
Deceive or mislead Postay, other users, and/or Partners.
Bypass, disable, or otherwise interfere with security features, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the services or the content contained therein.
Use any information obtained from the Platform to harass, abuse, or harm another person.
Misuse our support services or submit false reports of abuse or misconduct.
Use the Postay Platform in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
Interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the services to you.
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
Copy or adapt the software of the services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the services, or use or launch any unauthorized script or other software.
Use the Platform or services as part of any effort to compete with us or otherwise use the Platform and/or services and/or content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
LICENSE
If you access the Platform – specifically Postay services – via an application, Postay grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices owned or controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these General Terms.
USER RIGHTS AND OBLIGATIONS
User Obligations
When creating a User Account, you are required to provide complete and accurate information. You guarantee that the data is accurate and that the contact details are also those of the person who will be the service orderer. During registration, to confirm the phone number, Postay may send an SMS message to the User with a verification code. The User must not share or allow others to use the User Account unless expressly permitted by Postay.
Once you open a user account:
You must not register more than one account unless prior written approval is obtained from Postay.
You are required to regularly update the data.
You must always keep your login details confidential.
You must immediately notify Postay if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
You agree that the service provider can post ratings and comments about you as a User on their Postay profile after the service is performed.
After the completion of works by the Partner, you are required to close the request.
Postay reserves the right to remove, return, or change the username you choose if, at its discretion, Postay determines that such a username is inappropriate.
Abuse When Submitting Requests
Posting Service Requests is allowed only to persons who need the services provided by Partners (see Partner Services). Posting Service Requests for market research or access to a list of contractors for commercial purposes is not allowed. If Postay determines that you requested a service to find your subcontractors or to mediate in labor supply, it may charge the service of posting a commercial request according to the valid price list for Partners.
User Dissatisfaction with Partner Service Quality
Although Postay is not responsible for the fulfillment of the Partner's obligations and any resulting damage, Postay wants to help the User resolve any dissatisfaction through guidelines and communication with the Partner. Postay can help resolve complaints only if the Partner responded to the posted Service Request, and the services were provided by a Partner registered on the Postay platform. Postay provides assistance in resolving complaints when you submit:
Proof of payment for the service (invoice or signed estimate from the Partner),
Evidence supporting the claim (such as photos, findings, and opinions of court experts, etc.),
The exact date of commencement of works,
Correspondence clearly showing that you invited the Partner to rectify the deficiencies.
If dissatisfaction arises during the provision of the service (i.e., before completion), it is necessary to provide proof showing that you are in a contractual relationship with the Partner.
FEES AND PAYMENTS
You will not be charged fees for using the Postay platform. Postay reserves the right to introduce usage fees, in which case you will be notified. We reserve the right to introduce fees for using certain features on the Postay platform. These fees may be subject to separate terms.
All transactions processed through the Postay platform comply with U.S. financial regulations. Users will be informed in advance of any fees associated with using the platform. Postay reserves the right to introduce usage fees, and users will be notified of such changes via the platform or email.
CUSTOMER PROTECTION
Postay complies with all applicable consumer protection laws, including those specific to the State of New York. Users have the right to receive clear and accurate information about the services provided and can contact Postay for any inquiries or issues related to their consumer rights.
PRIVACY NOTICE
Postay collects, uses, and discloses information from or about you as described in our Privacy Policy. Additional privacy policies may apply, including the Partner's policies, for the services provided by Postay or Partner Services. Postay is committed to protecting the privacy of our users and complies with the New York SHIELD Act and other applicable data privacy laws. For more information on how we collect, use, and protect your personal information, please refer to our Privacy Policy.
ACCESSIBILITY
Postay is committed to making platform accessible to all users, including those with disabilities. We strive to comply with the Americans with Disabilities Act (ADA) and other applicable accessibility laws. If you have any questions or need assistance, please contact us at info@postaj.app.
YOUR LIABILITY AND INDEMNIFICATION
You are responsible for all damage that Postay suffers as a result of your violation of these Terms and/or laws and other regulations.
DISCLAIMER OF LIABILITY
The operation of the Postay platform may be subject to limitations, delays, and/or other problems inherent in the use of the Internet and electronic communications and is not guaranteed to be available and error-free at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuation of the Platform. You agree to use the services at your own risk. To the maximum extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof. We make no warranties or representations about the accuracy or completeness of the content of the services or the content of any websites or mobile applications linked to the services and will assume no liability or responsibility for any.
Corrections
There may be information on the services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the services at any time, without prior notice.
Termination
You are free to use the Postay platform at any time and may terminate your relationship with Postay by closing your user account. Postay may terminate the relationship and discontinue access to the Postay platform services with immediate effect if we conclude that you have violated the Terms or any other agreement with Postay. Postay may, at its discretion, terminate the relationship and discontinue access to the Platform at any time with reasonable prior written notice.
User data
We will retain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data related to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that Postay shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against Postay arising from any such loss or corruption of such data. Postay may share data about Partners with advertisers. This data includes activity, commercial interests, and general information about the services provided by the Partner. Postay shares targeted data only with advertisers who provide services or products useful to a particular category of service providers.
FINAL PROVISIONS
The invalidity of any provision of these Terms does not affect the validity and enforceability of the remaining provisions of these Terms. Any invalid, illegal, or unenforceable provision shall be deemed deleted. Postay may assign, subcontract, or transfer these Terms or any of our rights or obligations arising from them, in whole or in part, without your prior consent, provided that this does not result in a reduction of the rights you have under these Terms or the law. The User may not assign, subcontract, or transfer these Terms or any of our rights or obligations, in whole or in part. Together with any additional agreements related to the provision of Postay services, these Terms constitute an integral part of the agreement and replace all previous agreements related to your access and use of the Platform. You may be required to agree to additional terms to access the Platform. If there is a conflict between these Terms and a specific agreement, the latter will prevail unless otherwise specified in that agreement. There are no third parties for whose benefit these Terms are agreed upon except as provided by these Terms.
DISPUTE RESOLUTION PROCEDURE
The agreement to accept these general terms is concluded in Zagr
the use of the services of the general terms, the law of the Republ
applies. Any disputes arising from this agreement will be resolved
involved. Otherwise, each of the contracting parties may initiate a
court in Zagreb.
The application is designed for the simple and efficient connectio
providers in the Application) and Clients (persons who need such
All disputes arising out of or related to these terms or the use of th
by the laws of the Republic of Croatia. Any legal actions, suits, or
relating to these terms or the use of the platform shall be brought
located in Zagreb, Croatia, and the parties hereby consent to the p
therein. Users based in the United States acknowledge that while
the platform is designed to comply with relevant U.S. laws and re
limited to consumer protection and data privacy laws.
SECTION FOR PARTNERS
Role of Postay
Postay is the owner of the Postay Application (hereinafter referred to as the "Application"). Postay acts solely as an intermediary between the Client and the Partner and connects the Client and Partner through the Application to arrange the provision of the Service. After applying for the Service Request, the Client and Partner connect and directly agree on all the circumstances of the service provision, including location, price, and method of performing the service. Postay does not condition the Client and Partner in any way regarding the price, location, and/or other circumstances of performing the service. Despite the connection, neither the Client nor the Partner is obligated to contract the provision of the service. Postay is not a party to the contractual relationship between the Client and the Partner and is not responsible for or guarantees to the Partner and/or Client the fulfillment, timeliness, and quality of fulfilling any obligation by the Partner and/or Client.
Basics of Application Functionality
The Application operates so that the Client posts a Service Request via the Application. In the Service Request, the Client states which service is needed from the Service Catalog. When the Client posts the Service Request, all Partners who have indicated in the Application that they perform such activities will receive a notification through the Application. Within the Application, the Partner can access all available information related to the requested service. When the Partner applies for the Service Request, contact details are exchanged between the Partner and the Client. Partners who have applied for the Service Request communicate with the Client directly within or outside the Application and agree on the terms and other details related to the service provision.
Service Categories
Postay intermediates services listed in the Application. The Partner is authorized to apply for a Service Request seeking the execution of a service from the Service Category for which the Partner is registered.
Registration
To use the Application, the Partner must register and create a User Account. By registering, the Partner guarantees that they meet the following conditions:
The Partner is a legal entity or a tradesperson;
The Partner is registered to perform the activities and provide the services listed on their User Profile in the Application;
The Partner meets all legal and other conditions related to the execution of services for which they have applied on the Postay platform;
The Partner has a valid email address, a functioning mobile phone number, and a bank account.
During registration, the Partner provides at least the following information: email, company name, VAT number, name and surname of the owner, registered office address, city of the registered office, year of establishment, contact number, business activity code, and whether the Partner is VAT registered. By providing the aforementioned data, you confirm that you agree that Postay collects all these data for verification purposes before registration as well as for further use of the Application. After receiving the data, Postay decides whether to approve the Partner's registration in the Application. Postay reserves the right to refuse registration without providing specific justification.
If the registration is approved, the Partner will be allowed to create a User Profile. When creating the User Profile, the Partner must provide Postay with information about the business account and its bank, and optionally can provide the following information: logo, company description, activity description, selection of services they provide, short company name – brand name, certificate, link to the website, photos of works. When creating the User Account, Postay records the Partner's data and registered activities in an electronic database.
After the Partner completes the creation of the User Profile, the Partner will be granted access to the General Terms of Use for Partners to establish a Business Relationship with Postay. The Partner must carefully and conscientiously study the General Terms of Use for Partners and appropriately mark in the Application that they agree with them. In case of any questions, you can always contact us directly.
If the Partner agrees to the General Terms of Use, the Partner and Postay will enter into a Business Relationship, and the Partner will be enabled to use the Postay application.
CONTACT US
To resolve a complaint regarding the services or to receive further information regarding the use of the services, please contact us at:
Postaj Ltd.
Lapačka 17
Zagreb, 10000
Croatia
info@postaj.app
