berrario agency
terms & conditions

1. Acceptance of Terms

By accessing or using the Berrario Platform, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Berrario. If you do not agree with any part of these Terms, you may not access or use the Berrario Platform.

2. Accuracy, Completeness, and Timeliness of Information

At Berrario Agency, we strive to provide accurate, complete, and timely information to our users. However, certain considerations apply to the nature of the information presented on our platform:

• ‍Responsibility for Information Accuracy
  We cannot guarantee the accuracy, completeness, or timeliness of the information available on our site. The material provided is for general informational purposes only and should not be solely relied upon for making decisions. We encourage you to consult primary, more accurate, more complete, or more timely sources of information before making decisions based on the material presented on our platform.
• ‍Historical Information
  Our platform may include historical information that is not current and is provided for reference purposes only. While we aim to maintain up-to-date content, we cannot guarantee the accuracy or relevance of historical information. It is important to recognize that such information may not reflect current circumstances, industry changes, or developments.
• ‍Site Content Updates
  We reserve the right to modify the content of our site at any time without prior notice. However, we are under no obligation to update any information on our platform. It is your responsibility to monitor any changes to our site and ensure that you access the most accurate and current information available.

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Your use of our platform and reliance on the information provided is at your own risk.

3. Eligibility

You must be of legal age in your country/region to use Berrario Agency services. By accessing or using the Berrario Platform, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into and abide by these Terms.

4. Privacy

Your privacy is important to us. Our Privacy Policy governs the collection, use, and disclosure of personal information provided by you in connection with your use of the Berrario Platform. By using the Berrario Platform, you consent to the terms of our Privacy Policy.

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How We Handle Your Information
We value your privacy and are dedicated to protecting your personal information. Whether you're exploring our services or engaging with our website, we collect certain information to enhance your experience and keep you informed about our offerings.

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Information Collected During Interactions
When you inquire about or engage our services, we may collect personal information you provide to us, such as your name, company name, email address, and any project-specific details. This information is necessary to tailor our services to your needs and ensure effective communication throughout our collaboration.

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Automatically Collected Information
As you navigate our website, we may automatically receive your computer’s internet protocol (IP) address. This information provides insights into your browsing behavior, including your browser and operating system details, helping us enhance the functionality and user experience of our platform.

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Email Communications
With your consent, we may send you email communications about our agency, including updates on services, industry insights, and other relevant information. You can opt out of these communications at any time by following the instructions included in our emails.

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We handle your information with care and respect your privacy rights. If you have any questions or concerns about how your personal information is managed, please don't hesitate to contact us.

5. Collaboration Agreement

Our Collaboration Agreement outlines the terms and conditions of working together with Berrario Agency. By engaging with our services, you agree to the terms set forth in the Collaboration Agreement.

6. Modifications to Our Service, Products and Prices

At Berrario, we are committed to delivering exceptional services to meet your business needs. However, adjustments may be necessary from time to time. Please be aware of the following:

• ‍Price Changes: Prices for our services showcased on our website are subject to change without prior notice. For clients subscribed to our services, any changes to their subscription rates will be communicated in advance. While we strive to provide consistent and transparent pricing, adjustments may be necessary due to market conditions or operational costs.
• ‍Service Updates: We may update, modify, or discontinue specific services offered. These updates may include improvements to current offerings, the introduction of new services, or the removal of outdated or less relevant solutions to better align with our mission of delivering value.
• ‍Feature Modifications: We reserve the right to modify, add, or remove features, content, or functionality of the services provided at any time without prior notice. These modifications are made to enhance the overall client experience and ensure the effectiveness of our offerings.
• ‍Limitation of Liability: Berrario shall not be held liable to you or any third party for any inconvenience or loss arising from changes to our services, features, or pricing. We strive to minimize disruptions and maintain the highest quality of service throughout any modifications.

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Acceptance of Changes: Your continued use of Berrario services constitutes your acceptance of any updates, changes, or adjustments made to our services, features, or pricing.

7. Optional Tools

We may provide access to optional third-party tools to complement and enhance your experience. Please take note of the following:

1. ‍Access to Third-Party Tools: We may offer access to third-party tools that are not monitored, controlled, or endorsed by Berrario. These tools are made available on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind.
2. ‍Limitation of Liability: By using optional third-party tools, you acknowledge and agree that Berrario Agency shall not be held liable for any issues, damages, or consequences arising from your use of such tools. Any reliance on these tools is at your own discretion and risk.
3. ‍Third-Party Provider Terms: It is your responsibility to review and accept the terms and conditions set forth by the relevant third-party provider(s) before using their tools. Berrario assumes no responsibility for disputes, discrepancies, or issues arising between you and the third-party providers.
4. ‍Introduction of New Features: Alongside optional third-party tools, Berrario may introduce new services and features on our platform to improve the value we provide. These new offerings will also be subject to the terms and conditions outlined in these Terms of Service.

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Your use of optional tools and any new features introduced through the Berrario platform is governed by these terms. If you have any questions or need clarification, please feel free to contact us.

8. Third Party Links

We may include third-party content, products, and services to enrich your experience. Please review the following information regarding third-party links:

1. ‍Integration of Third-Party Materials: Certain content, products, and services available through the Berrario platform may include materials from third-party sources. These materials are integrated to provide you with a diverse range of offerings and resources.
2. ‍Third-Party Links: Third-party links on the Berrario Platform may redirect you to external websites that are not affiliated with us. While we strive to provide quality content, we are not responsible for examining or evaluating the content, accuracy, or practices of these third-party websites.
3. ‍Limitation of Liability: We do not warrant or assume any liability for the content, products, services, or materials provided by third-party websites. Any transactions or interactions you engage in with third-party websites are at your own risk, and we shall not be liable for any harm or damages resulting from such interactions.
4. ‍Review of Third-Party Policies: Before engaging in any transactions or interactions with third-party websites, we encourage you to carefully review their policies and practices. It is important to ensure that you understand the terms and conditions governing these transactions.
5. ‍Directing Concerns: Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party. We are not responsible for addressing or resolving issues related to third-party transactions.
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Your use of third-party links provided through the Berrario Platform is subject to these terms and conditions.

9. Account Registration

To access certain features of the Berrario Platform, you may be required to register for an account. When registering for an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

10. User Conduct Guidelines

We are committed to fostering a positive and respectful environment for all users of our platform. To ensure a safe and enjoyable experience for everyone, we have established the following guidelines regarding acceptable user behavior:

1. Respectful Interaction: Treat fellow users, Berrario staff, and third parties with kindness, respect, and courtesy in all interactions on the platform. Avoid engaging in any behavior that may be considered disrespectful, offensive, or discriminatory.
2. Compliance with Laws: Adhere to all applicable laws, regulations, and guidelines while using the Berrario platform. This includes, but is not limited to, laws related to intellectual property, privacy, and consumer rights.
3. Honest and Transparent Communication: Provide accurate and truthful information in all communications on the platform. Avoid misleading or deceptive practices that may undermine the trust and integrity of the Berrario community.
4. Protection of Intellectual Property: Respect the intellectual property rights of others, including copyrights, trademarks, and patents. Do not use or distribute any content or materials on the platform that infringe upon the intellectual property rights of third parties.
5. Responsible Use of Resources: Use the resources and features provided by Berrario responsibly and in accordance with their intended purposes. Avoid engaging in any activity that may compromise the stability, security, or availability of the platform.
6. Reporting Violations: If you encounter any user behavior that violates these guidelines or the terms of use, please report it to Berrario immediately. We rely on the vigilance and cooperation of our members to maintain a positive and safe environment for all users.

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Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the Berrario Platform:

• Violating any applicable laws or regulations;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Interfering with or disrupting the operation of the Berrario Platform or servers or networks connected to the Berrario Platform;
• Attempting to gain unauthorized access to the Berrario Platform or any related systems or networks.

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By adhering to these user conduct guidelines, you contribute to the creation of a welcoming and inclusive environment on the Berrario Platform. Thank you for your cooperation and commitment to upholding these standards of behavior.

11. Termination or Suspension of Access

Berrario reserves the right to terminate or suspend your access to the platform at any time and for any reason, including but not limited to breaches of these Terms of Use or violations of applicable laws or regulations. Circumstances under which termination may occur include, but are not limited to:
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1. ‍Breach of Terms: Failure to comply with any provision of these Terms of Use, including prohibited conduct guidelines or user conduct guidelines.
2. ‍Violation of Laws: Engagement in activities that violate local, state, federal, or international laws or regulations.
3. ‍Misuse of Platform: Misuse, abuse, or unauthorized access of the Berrario platform, including attempts to disrupt or interfere with the proper functioning of the platform.
4. ‍Fraudulent Activities: Participation in fraudulent or deceptive activities, including but not limited to identity theft, payment fraud, or unauthorized use of another user's account.
5. ‍Harm to Others: Engagement in conduct that causes harm or poses a risk to other users, Berrario staff, or third parties.
6. ‍Legal Requirements: Compliance with legal obligations or requests from law enforcement agencies or regulatory authorities.
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In the event of termination or suspension of your access to the platform, you will be notified via email or other means of communication provided by you. You may be required to cease all use of the platform immediately upon notification of termination.

Upon termination, any rights or obligations that have accrued prior to termination, including but not limited to payment obligations, confidentiality obligations, and indemnification obligations, shall survive termination.

Berrario reserves the right to take appropriate legal action, including seeking injunctive relief or pursuing civil or criminal remedies, against individuals or entities that engage in prohibited conduct or violate these Terms of Use.

If you believe your access to the platform has been terminated in error or have any questions regarding termination, please contact us for further assistance.

12. Ownership and Intellectual Property Rights

The Berrario Platform and its entire contents, features, functionality, trademarks, and logos (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Berrario or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Users are granted a limited, non-exclusive, and non-transferable license to access and use the Berrario platform for personal and non-commercial purposes only. This license does not confer any ownership rights or licenses to users.

Any unauthorized use, reproduction, distribution, or modification of the Berrario platform or its contents is strictly prohibited and may violate copyright, trademark, and other intellectual property laws.

By submitting any content, including but not limited to reviews, comments, or user-generated content, to the Berrario platform, you grant Berrario a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media or format.

Berrario reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including pursuing legal action against any unauthorized use or infringement of its intellectual property.

If you have any questions or concerns regarding the ownership of intellectual property associated with the Berrario platform, please contact us for clarification.

13. Indemnification

You agree to indemnify, defend, and hold harmless Berrario and its affiliates, including but not limited to its directors, officers, employees, agents, and contractors, from any claims, damages, losses, liabilities, expenses, or costs, including reasonable attorneys' fees, arising out of or in connection with your use of the Berrario platform or any violation of these Terms of Use.

This indemnification obligation shall apply to any claim or demand made by any third party due to or arising out of your breach of these Terms of Use, your violation of any law or the rights of a third party, or your use of the Berrario platform.

Berrario reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Berrario in asserting any available defenses.

14. Severability

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions of these Terms and shall not affect the validity and enforceability of the remaining provisions.

In the event of such a determination, the parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.

The failure of Berrario to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Disclaimer of Warranties

Berrario provides its services and platform "as is" and "as available," without any guarantees, representations, or warranties of any kind, whether express or implied.

Without limiting the above:

• We do not guarantee that our services will meet all of your specific expectations or that the results achieved will be flawless, uninterrupted, or completely error-free.
• Berrario  makes no assurances regarding the completeness, accuracy, or timeliness of any information, deliverables, or recommendations provided through our platform or services.
• While we strive to maintain a high standard of quality, we cannot warrant that our platform or services will be free of technical issues, bugs, or other potential disruptions.

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This disclaimer applies to the fullest extent permitted by law and does not negate any explicit guarantees provided in writing by Berrario.

16. Limitation of Liability

Under no circumstances shall Berrario, its affiliates, or their respective directors, officers, employees, or agents be liable for any indirect, consequential, special, incidental, or punitive damages arising from or related to your use of the Berrario Platform.

These Terms and Conditions constitute the entire agreement between you and Berrario regarding any claim arising from or related to your orders, purchases, returns, access, or use of Berrario’s services and products.

To the maximum extent permitted by applicable law, the total aggregate liability of either party for all claims related to this agreement—whether based on contract, warranty, tort, strict liability, statute, or otherwise—shall be limited to the amount paid to Berrario for the service(s) or product(s) purchased in the relevant transaction.

Furthermore, to the fullest extent allowed by law, Berrario and its affiliates shall not be liable for any direct, special, incidental, indirect, or consequential damages, including but not limited to lost profits or lost data, resulting from:

• Your access to or use of, or inability to access or use, the Berrario Platform;
• The performance of any products or services purchased;
• The conduct of other users or consumers;
• Any user-generated content or activities associated with your orders, purchases, or use of the Berrario Platform.

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Even if Berrario has been advised of the possibility of such damages, you bear full responsibility for your access to and use of the platform. Your sole remedy for any alleged damages is to discontinue use of the Berrario Platform.

If any part of this limitation of liability is found to be unenforceable or invalid, you agree that Berrario’s liability will be limited to the fullest extent permitted by applicable law.

17. Governing Law

These Terms will be governed by and construed in accordance with the laws of the Republic of Serbia, without regard to its conflict of law provisions.

International Users
Berrario acknowledges that our platform is accessible globally and welcomes users from various regions. However, it is important to consider the following points regarding the applicability of these Terms of Use for users in different locations:

Applicability of Terms
By accessing or using the Berrario platform, you agree to comply with these Terms of Use, regardless of your location. These Terms apply to your use of the platform and any interactions with Berrario, no matter where you are based.

Compliance with Local Laws
While we aim to make the Berrario platform accessible to users worldwide, it is your responsibility to ensure that your use of the platform complies with local laws and regulations in your jurisdiction. Some services or features offered by Berrario may be subject to specific legal requirements or restrictions in certain regions.

Dispute Resolution
In the event of any disputes arising from your use of the platform, including matters related to these Terms of Use, Berrario encourages the use of alternative dispute resolution mechanisms as outlined in our Dispute Resolution section. These mechanisms help resolve conflicts efficiently and amicably, regardless of your location.

Additional Legal Considerations
Certain jurisdictions may have specific legal requirements or regulations impacting the use of online platforms like Berrario. Berrario will make reasonable efforts to comply with applicable laws and regulations in each region where the platform is accessible.

Language of Terms
These Terms of Use may be available in multiple languages for the convenience of our international users. In the event of discrepancies or inconsistencies between translated versions, the English version of these Terms will prevail.

By accessing or using the Berrario platform from outside Serbia, you acknowledge and agree to these international user considerations.

18. Dispute Resolution

By accessing or using the Berrario Platform, you agree to the following dispute resolution provisions:

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Governing Law and Jurisdiction

Berrario is registered in Novi Sad, Serbia. These Terms of Use, along with any disputes arising between you and Berrario, shall be governed by and interpreted in accordance with the laws of the Republic of Serbia, without regard to conflict of law principles. You agree that any legal proceedings related to the use of our platform or services shall be brought exclusively in the competent courts of Novi Sad, Serbia.

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Waiver of Class Action

Except where prohibited by applicable law, all disputes, claims, and legal proceedings arising from your use of the Berrario platform or services shall be resolved on an individual basis, without resorting to any form of class action.

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Waiver of Defenses

By agreeing to these terms, you waive any defenses related to "lack of personal jurisdiction" and "inconvenient forum" concerning disputes brought before the courts of Novi Sad, Serbia.

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Time Limit for Claims

Any claims against Berrario must be initiated within one (1) year from the date the claim arises, unless a longer period is required by applicable law.

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Alternative Dispute Resolution

Berrario encourages the use of alternative dispute resolution (ADR) methods to resolve conflicts efficiently and amicably.

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Collaboration

We prioritize open dialogue and constructive communication to address any concerns or disputes. Whenever possible, we will work with you to find mutually beneficial solutions before escalating to formal dispute resolution processes.

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Mediation

Mediation allows for the appointment of a neutral third party to facilitate discussions and negotiations between the parties. This approach fosters open communication and collaborative problem-solving to achieve a resolution that satisfies both sides.

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Arbitration

As a more structured alternative, arbitration involves a neutral arbitrator or panel reviewing evidence from both parties and issuing a binding decision. Arbitration is often a faster and more cost-effective alternative to traditional litigation.

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Legal Recourse

While we advocate for mediation and arbitration, users retain the right to pursue legal action through traditional court proceedings when necessary. However, we believe that ADR mechanisms generally provide a more efficient and fair resolution.

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By accepting these dispute resolution provisions, you acknowledge that Serbian law governs your relationship with Berrario and that disputes will be handled with transparency, fairness, and accountability. If you have any questions regarding these provisions, please contact us for further clarification.

19. Contact Us

If you have any questions or concerns regarding these Terms or the Berrario Platform, please reach out to us via our support page.

20. Changes to Terms

‍‍Berrario reserves the right to update or modify these Terms at any time without prior notice. Any changes or modifications will be effective immediately upon posting the revised Terms on the Berrario Platform. Your continued use of the Berrario Platform following the posting of any changes to these Terms constitutes acceptance of those changes.

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By using the Berrario Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Berrario Platform.