Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Toward Shift d.o.o. concerning your access to and use of our website and services. By accessing this website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

Definitions

Throughout these Terms of Use:

"We," "us," or "our" refers to Toward Shift d.o.o., a Croatian limited liability company
"You" or "user" refers to any individual or entity accessing our website or services
"Website" refers to toward-shift.com and all associated pages
"Services" refers to all real estate services we provide as detailed on our Services page
"Content" refers to all text, images, graphics, and other materials on our website

Eligibility

You must be at least 18 years of age to use our services or engage in property transactions. By using our website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding agreements.

If you are accessing our website or services on behalf of a business or organization, you represent that you have authority to bind that entity to these terms.

Use of Website

Permitted Use

You may use our website for lawful purposes related to researching Istrian real estate, learning about our services, and contacting us regarding potential property transactions.

Prohibited Activities

You agree not to:

Use the website in any way that violates applicable laws or regulations
Attempt to gain unauthorized access to any portion of the website or related systems
Use automated systems or software to extract data from the website without permission
Interfere with or disrupt the website's operation or servers
Transmit any viruses, malware, or other harmful code
Impersonate any person or entity or misrepresent your affiliation
Collect or store personal data about other users without authorization
Use the website for any commercial purpose without our prior written consent

Intellectual Property Rights

Our Content

All content on this website, including text, graphics, logos, images, and software, is the property of Toward Shift d.o.o. or our content suppliers and is protected by Croatian and international copyright laws.

The compilation of all content on this website is our exclusive property and is protected by copyright law.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include:

Modification or copying of website materials
Use of materials for commercial purposes
Removal of copyright or proprietary notices
Transfer of materials to another person or entity

Trademarks

The Toward Shift name, logo, and all related names, logos, and slogans are trademarks of Toward Shift d.o.o. You may not use these trademarks without our prior written permission.

Service Engagement

Service Agreements

When you engage our professional services, a separate service agreement will govern that relationship. The service agreement will specify:

Scope of services to be provided
Fees and payment terms
Responsibilities of both parties
Duration and termination conditions

These Terms of Use apply to your website use but do not replace or supersede specific service agreements.

No Guarantee of Results

While we strive to provide excellent service, we cannot guarantee specific outcomes. Real estate transactions involve numerous variables beyond our control. We commit to professional expertise and diligent effort but make no warranties regarding:

Property availability or pricing
Successful completion of any transaction
Future property values or rental income
Processing timelines for legal or administrative matters

Information Accuracy

We make reasonable efforts to ensure website content is accurate and current. However, information may contain inaccuracies or become outdated. We do not warrant that:

Property listings are completely accurate or up to date
The website will be uninterrupted or error-free
Defects will be corrected immediately
The website or servers are free of viruses or harmful components

You acknowledge that property details, pricing, and availability can change without notice. Always verify current information directly with us before making decisions.

Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Toward Shift. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites.

You acknowledge and agree that we are not responsible or liable for any damage or loss caused by use of or reliance on any third-party content, goods, or services available through such websites.

Limitation of Liability

To the fullest extent permitted by applicable law, Toward Shift d.o.o., its directors, employees, and agents shall not be liable for:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenues, data, or use
Business interruption or loss of goodwill
Damages arising from your use or inability to use the website
Damages related to third-party content or services

This limitation applies regardless of the legal theory upon which the claim is based, whether contract, tort, negligence, strict liability, or otherwise.

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Toward Shift d.o.o., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

Your use of the website or services
Your violation of these Terms of Use
Your violation of any third-party rights
Any false or misleading information you provide

Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, or completeness of content

Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy and GDPR compliance documentation. Please review these documents to understand how we collect, use, and protect your personal information.

Termination

We reserve the right to terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including breach of these Terms of Use.

Upon termination, your right to use the website will cease immediately. All provisions of these terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

Any disputes arising from or relating to these terms or your use of our website shall be subject to the exclusive jurisdiction of the courts located in Pula, Croatia.

Dispute Resolution

Before initiating formal legal proceedings, we encourage parties to attempt resolution through good-faith negotiation. If you have a complaint or dispute, please contact us at [email protected] to discuss potential resolution.

If informal resolution is unsuccessful, disputes may be submitted to mediation before pursuing litigation, provided both parties agree to mediation.

Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Toward Shift d.o.o. regarding use of our website and services.

These terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

Waiver

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. Any waiver of any provision of these terms will be effective only if in writing and signed by our authorized representative.

Assignment

You may not assign or transfer these Terms of Use or your rights hereunder without our prior written consent. We may assign these terms without restriction. Any attempted assignment in violation of this section is void.

Changes to Terms

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. Material changes will be communicated through prominent notice on our website at least 30 days before the new terms take effect.

Your continued use of the website after changes become effective constitutes acceptance of the revised terms. If you do not agree to the new terms, you must stop using our website and services.

Contact Information

Questions about these Terms of Use should be directed to:

Toward Shift d.o.o.
Ulica Svetog Polikarpa 24
52100 Pula, Croatia
Email: [email protected]

Language

These Terms of Use are written in English. While we may provide translations for convenience, the English version shall prevail in case of any discrepancies or disputes regarding interpretation.

Acknowledgment

By using our website or services, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by them. You also acknowledge that these terms constitute a binding agreement between you and Toward Shift d.o.o.