These Terms of Service (“Terms”) are entered into between Little Captain (“Little Captain”, “we” or “us”) and users of this website. The following terms and conditions, together with any documents expressly incorporated by reference, govern your access to and use of this website.
User may be referred to in these Terms as “you” and “your” as applicable and should be construed accordingly and references in these Terms to “us”, “we”, and “our” as applicable are to Little Captain and should be construed accordingly. User and Little Captain may be referred to individually as “Party” and collectively as “Parties”.
Please read these Terms carefully before accessing and using our website and related services. These Terms (“Agreement”) constitute a legal and enforceable contract between the Parties.
By indicating consent electronically, or accessing or otherwise using the website, you agree to the provisions of these Terms. If you do not agree to these Terms, do not indicate consent electronically and make no further use of the website.
These Terms may be revised and updated from time to time at our sole discretion. The revisions and updates shall become effective immediately after being posted. Your continued use of the website following the revisions and updates shall indicate your acceptance of the updated Terms. You are expected to check this page frequently so you are aware of any changes since they are binding on you.
All the information and material provided on our website is provided ‘as is and should not be relied upon for any purpose and is not subject to any express or implied warranty. We give no assurance of accuracy in regard to the information or material on the website, provided by any third party. Statements made in regard to projects may be affected by confidentiality obligations.
Any information provided on the website is not intended to be perceived as an offer or solicitation of an offer; any investment advice or offer to provide such advice or any basis for making an investment decision.
Representations and Warranties
You represent and warrant to us that:
You specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
The permission to use the Website granted by these Terms shall automatically terminate if you breach any of these Terms.
Intellectual Property Rights
The Website and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Little Captain, its licensors, affiliates, or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
All rights, title, and interest in and to the website and related services and all hardware, software, and other components of, or used to provide, the services, including all related Intellectual Property Rights, will remain with Little Captain and its affiliates and belong exclusively to Little Captain and its affiliates.
Disclaimer of Warranties
Little Captain, our product/services, our websites, and all information, content, materials, products (including any software), technology, website addresses, and layouts and services included on or otherwise made available to you through the aforementioned platforms are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law.
Your use of the website and related services is subject to your own risk. We do not guarantee or warrant that the use of the website and related services will be free of viruses or other destructive code. You shall be responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or any services.
To the maximum extent permitted by applicable laws, we expressly disclaim any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
You agree to defend, indemnify and hold harmless Little Captain, its affiliates, licensors and service providers, and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website or related services, including, but not limited to, any use of the website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Notwithstanding anything contained in this section,
(a) an indemnified party will always be free to choose its own legal representation if it pays for the cost of such representation; and
(b) no settlement may be entered into by an indemnifying party without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if
(i) the third party asserting the claim is a government agency;
(ii) the settlement arguably involves the making of admissions by the indemnified parties;
(iii) the settlement does not include a full release of liability for the indemnified parties; or
(iv) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.
If we believe that there is a violation of these Terms or any of our other policies that can simply be remedied by you by taking some action, we will, in most cases, ask you to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if you do not take appropriate action or we believe there is a credible risk of harm to us, the services, or any third parties.
We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.
In no event will you or we have any liability to the other party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages however caused, whether in contract, tort, or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimers will not apply to the extent prohibited by applicable law and do not limit either party’s right to seek and obtain equitable relief.
These Terms will be governed by and construed and enforced in accordance with the laws of Serbia, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction.
Any dispute arising out of or in connection to these Terms, including any question regarding its existence, validity, or termination, shall first seek settlement of that dispute by mediation in accordance with the rules of the International Chamber of Commerce (ICC) Mediation Rules, which procedure is deemed to be incorporated by reference in this clause.
If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as Little Captain and the user shall agree in writing, the dispute shall be referred to and finally settled through binding arbitration under the Rules of Arbitration of the ICC.
The number of appointed arbitrators shall be three (3), in accordance with the said Rules of Arbitration.
The seat, or legal place, of arbitration, shall be Serbia.
The language to be used in the arbitral proceedings shall be English.
If any term, clause, or provision of these Terms is held unlawful, void, or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Any provision that must survive to give proper effect to its intent (e.g., indemnity, general, limitations on liability, disclaimers, representations, and warranties, etc) shall survive the expiration or termination of these Terms.
Last Updated: May 2022