Terms and Conditions for Use of the NANA Prime Platform

General Provisions

These Terms and Conditions govern the rights and obligations related to the use of the NANA Prime platform, which can be accessed at the internet address: www.nanaprime.com (hereinafter: the Platform).

The NANA Prime Platform is an information service provided by NANA Prime Ltd., ID-3550480-7, Vantaa, Finland (hereinafter: The Service Provider). The Platform is a technological platform where users in need of assistance for elderly persons (elderly care workers and caregivers) can find such services among institutions and individuals advertising on the platform and can agree on the terms and details of the service, subject to payment of a fee for using the Platform.

These Terms and Conditions represent the provisions of a contract concluded between the Service Provider and each user of the Platform and constitute an integral part thereof.

The Service Provider allows legal and natural persons to use the Platform exclusively in the manner and under the conditions described in these Terms and Conditions, as well as in the manner and under the conditions under which the Service Provider's service is provided.

By accessing and using the Platform, users consent to these Terms and Conditions and thereby enter into a contract of adhesion with the Service Provider.

These Terms and Conditions apply to every access to the content of the Platform.

The Law primarily regulates the Service Provider's business operations via the Platform on Electronic Commerce, the Law on Obligations, the Law on Advertising, the Law on Copyright and Related Rights, the Law on Trademarks, the Law on Personal Data Protection, as well as other regulations of the legal system of the Republic of Serbia in parts not regulated by the aforementioned laws.

The Service Provider is committed to the application of all legal and subsidiary acts that regulate and protect the personal data of natural persons and copyright, under the rules of the IT profession, good business practices, and the positive legal regulations of the Republic of Serbia.

The Platform does not constitute professional consulting or employment mediation, nor is it a substitute for them. The Platform does not constitute any other services not listed in these Terms, nor does the Service Provider provide or ensure them, except for the information service as described in these Terms and Conditions. The Service Provider guarantees solely that the identity of the persons registered on the Platform as candidates for elderly care workers is accurate because it has been previously verified. For all other content on the Platform added by users of the Platform or candidates for engagement in elderly care work, the Service Provider is not responsible for its accuracy.

Candidates for engagement in elderly care work are not employed by the Service Provider. The engagement of a Candidate for engagement in elderly care work creates a relationship between the candidate and the Platform User for which the Service Provider has no responsibility whatsoever.

The Service Provider has the right, but not the obligation, to remove any content from the Platform at any time.

Integrity and Description of the Platform

The Platform is intended to allow users to find a candidate for elderly care work among the individuals whose data is on the Platform itself, or among institutions that provide this service.

Any use of the Platform in whole or in any part that is not under the Terms and Conditions will be considered an abuse of the services provided by the Service Provider and a violation of the Terms and Conditions.

The Service Provider will, in every individual instance, provide full support for the protection of personal rights, privacy, property rights, and intellectual property rights to all persons who are holders of these rights or whose rights have been violated, by, without delay:

• upon a reasoned request, supported by appropriate documentation, removing the content so that it is not publicly available, and saving the content for evidentiary purposes,
• providing, upon request, to the competent authority, data on the user whose submission violates one of the aforementioned or other rights, all under the positive legal regulations of the Republic of Serbia.

The Service Provider provides free advertising on the Platform for candidates for elderly care work, and provides Platform users with access to candidates for elderly care work, their data, and user ratings.

The Service Provider reserves the right to change, discontinue (either temporarily or permanently) any element of the Platform, the services it provides, as well as the content related to those elements, without prior approval or notification, under good business practices.

All time-related provisions and deadlines displayed through the Platform, as well as the time zone and working days, are calculated according to the regulations of the Republic of Serbia.

The Platform may also contain links to other websites or platforms, for the content of which the Service Provider is not responsible.

Copyright

The Service Provider holds exclusive copyright and intellectual property rights to the Platform, as well as to all individual elements that constitute it, such as: text, visual and audio elements, visual identity, data and databases, program code, and other elements of the Platform of which it is the author.

Unauthorized use of any part of the Platform, or the Platform as a whole, without the explicit prior written permission issued by the Service Provider as the holder of the exclusive copyrights, will be considered an infringement of the Service Provider's copyrights and is subject to the initiation of all legally prescribed and permitted proceedings.

The Platform may also contain elements for which other persons hold exclusive copyrights, trademark rights, and other intellectual property rights, such as content from Platform users, content from business partners, advertisers, and the like. Other persons have exclusive responsibility for the content on which they hold these rights, even though such content is located on the Service Provider's Platform.

By posting content on the Platform, the user agrees that it becomes visible to every visitor of the Platform, under the terms and in the manner of these Terms and Conditions. Further transmission of other people's content or parts of content from any part of the Platform is permitted only with the mandatory explicit prior consent of the Service Provider, with a note that the content was taken from the Platform, and with the indication of the appropriate link where the taken content is located. The Service Provider has exclusive responsibility only for the content on which it holds copyrights.

Each person bears independent responsibility for the content that is their copyrighted work, that is, for the content that they have independently posted and made publicly available through the Platform.

Users

Users of the services provided by the Service Provider through the Platform are considered to be both visitors and registered users.

A visitor is a person who, by accessing the Platform in the sense of these Terms and Conditions, without logging in or registering on the Platform, can familiarize themselves with the Terms and Rights of Use of the Platform, without paying any fee.

A registered user is a legal or natural person who has registered on the Platform under the terms and in the manner of these Terms and Conditions. A registered user can post and publish their content, comments, and ratings.

With each login to the Platform, a registered user gains access to their account on the Platform and the ability to post content in the form of comments. The registered user can set up their account and assign or change the first and last name under which the comment will be published.

The user independently chooses a password during registration and is exclusively responsible for the confidentiality of the password and the use of the Platform through their access data. The user will not use someone else's access data or provide their user data to a third party. The user may inform the Service Provider if they suspect unauthorized use of their access data.

The Service Provider does not moderate, modify, or in any way substantially influence the registration of users, or any content that a registered user posts on the Platform. The registered user has exclusive responsibility and bears all legal consequences that may arise from their content on the Platform. The Service Provider reserves the right, but has no obligation, to perform proofreading, i.e., to make spelling and grammatical corrections, to maintain the quality of the service, which in no way affects the content that the user posts via the Platform.

The registered user retains all copyrights and related rights to the content of which they are the author. The registered user guarantees that they are the holder or user of all necessary copyrights for the entire content, as well as all of its parts, which they post on the Platform. The registered user who posted the content is exclusively responsible for any eventual infringement of copyright or related rights, as well as other intellectual property rights.

A registered user can post different content at the same time. Posting content on the Platform in no way restricts the registered user from posting or publicly communicating the same content elsewhere. A registered user may, without any justification or notice, at any time, request the deletion or modification of content they have previously posted. The Service Provider will delete or modify such content upon receipt of the request without delay, except for content contained in backup copies that are systematically generated and whose content it cannot influence.

By posting content on the Platform, the registered user unconditionally and irrevocably authorizes the Service Provider to transmit the content to an indeterminate number of persons.

A registered user may, without any justification or notice, at any time, revoke their status as a registered user by deactivating their account or submitting a request to delete their user account.

By deactivating the account, the registered user disables the use of user data on the Platform, with the possibility of reactivating it, while deleting the user account permanently removes user data from the Platform.

Registered Users Who Are Natural Persons

Registration on the Platform for natural persons is free and available to all visitors.

A registered user who is a natural person can only be a person who is 18 years of age or older.

During registration, a natural person must fill out a form with personal data. This data is used by the Law on Personal Data Protection and in accordance with the Notice on Personal Data Processing posted on the Platform.

By creating an account, the Platform allows users access, with the possibility of using all the services and functionalities that the Platform offers.

By registering on the Platform, natural persons get the following options:

• Viewing candidates for elderly care workers and their data, ratings, and comments.
• Posting data about the needs of elderly persons following the options provided by the Platform.
• Communication with a coordinator in the process of engaging a person for elderly care work.
• Obtaining information about the price of a candidate's work for elderly care and the price of using the Platform, following the selected options.
• Leaving ratings and comments on the work and service of the selected candidate for engagement in elderly care work.
• Access to communication with the helpdesk and Platform coordinators, where the user agrees that telephone conversations are recorded to improve the Platform's service.
• Account deactivation – A user can activate, deactivate, or delete their user account at any time. A user can reactivate a deactivated account at any time. In the event of account deactivation or deletion of a CV by the user, the Service Provider does not guarantee that some users who have the right to search have not stored the data contained in the application that the user forwarded during the application process, nor that this data will not be used later to contact by the persons who stored the data.

Registered Users Who Are Legal Persons

Registration on the Platform for legal persons is not free and is done by signing a contract with the Service Provider, based on which legal persons advertise on the Platform.

During registration, a legal person must fill out a form with data about the legal person. This data remains in the records of the Service Provider and will not be used for other purposes, except to exercise the rights and obligations under these Terms and Conditions. By registering on the Platform, legal persons get the opportunity to post ads for engaging candidates for elderly care work, search data on registered candidates for elderly care work, as well as use all other Platform services. In addition, the Service Provider has the right to request financial reports, licenses, and accreditations from legal persons who wish to register on the Platform, and may reject the registration request if the legal person does not provide them, or if it does not possess valid documentation.

The registered user who is a legal person undertakes to use the information, including contact details, obtained through the Platform exclusively for the intended purpose and not to use it for other purposes. Any use of information contrary to these Terms and Conditions entails responsibility under the law.

Advertising and Ad Message

The transmitter of the advertising message is a Legal person who is a provider of information society services and provides advertising services exclusively via the Internet.

A person who advertises through the Platform is not obliged to provide an Advertising Declaration under Article 45 of the Law on Advertising, in connection with Article 19, but is obliged to identify themselves to use the advertising service.

Responsibility for the content, accuracy, correctness, validity, or admissibility of the advertising message, as well as for all legal consequences arising from posting the advertising message on the Platform, lies exclusively with the person who is advertising. The Service Provider reserves the right, but has no obligation, to perform proofreading, i.e., to correct spelling and grammatical errors, to maintain the quality of the service, which in no way affects the content that the user posts via the Platform.

The Service Provider reserves the right not to publish content that violates the provisions of the laws of the Republic of Serbia, especially the Law on Advertising. In the case of receiving such an ad, the Service Provider will contact the advertiser to inform them of the reasons for not publishing such content. The Service Provider may at any time refuse to post any advertising message that violates the provisions of the Law or these Terms and Conditions.

By transmitting advertising messages, the Service Provider does not act as an employment intermediary. The Service Provider does not in any way participate in the process of concluding any kind of contract between the Advertiser—the candidate for elderly care work—and the User who is a natural person. Also, by transmitting advertising messages, the Service Provider in no way determines or influences the content of a possible employment contract concluded independently by the contracting parties.

Posting Ad Messages - Ads

Candidates for engagement in elderly care work provide the Service Provider with their data, which includes: personal data (first and last name, date of birth, country of birth, country of residence, phone number, email, professional qualification, level of education, certificates, and work experience). According to the provisions of the Law on Advertising, there is no obligation to submit an Advertising Declaration for advertising via the Internet. If all mandatory fields are filled out correctly, all requested documents are provided, and if the ad is not in conflict with the provisions of the Terms and Conditions, it is then published on the Platform and becomes available to Platform Users within 24 hours from the moment of submission.

By accepting these Terms and Conditions, the Platform User also agrees to receive advertising messages, which they can refuse either by contacting the Service Provider's helpdesk or by following the steps described in the message received from the Service Provider.

Payment of Service Fees and Refund of Funds Paid by Payment Card

Registered users pay the fee for using the Platform's services by withdrawing funds from the user's card, the details of which the user has provided to the Platform. The fee for using the Platform's services is paid at the moment when the Platform User wants to contact or book an elderly care worker.

If the User has paid the fee for using the Platform, a refund of funds to the User is only possible if the Service Provider has provided untrue and unverified information about the elderly care workers on the Platform.

If the Platform User has not paid the service to the Candidate for engagement in elderly care work, and the service has been performed, the Candidate for engagement in elderly care work has the right to collect their fee by withdrawing funds from the User's card, the details of which they will receive from the Service Provider, about which the User has been informed and which they accept.

The price of engaging the candidate for elderly care work and the work itself is not paid to the Service Provider, nor does the Service Provider have any responsibility or role in the payment of the price under which the candidate for elderly care work is engaged.

If a Platform user does not pay the elderly care worker for their engagement, and the Service Provider is informed about it, the Service Provider can exclude the User from further use of the Platform.

These Rules of Use explicitly prohibit the User from engaging a Candidate for elderly care work, whom they first hired through this Platform, in the future without using the Platform. If they do so, the Service Provider has the right to block the User and delete their account.

To prevent any misuse of a card or card details when using it to pay for Platform Services, the Service Provider reserves the right to verify the legality of the use of the card in question, as well as to request from the User proof that the card is being used legally, i.e., by the cardholder or a person authorized by them.

The Service Provider has the right to charge 1 (one) dinar to validate the user's card, which will be refunded.

Notice

The User is informed that the Service Provider may periodically send them notices related to the content of the Platform, notices regarding the functioning of the Platform, news from the Service Provider, as well as other notices of this kind.

Guidelines

Registered users undertake to comply with the Guidelines listed here when creating content.

The Service Provider has the right, but not the obligation, to remove or not publish content posted on the Platform by any registered user without justification, especially if that content, at the Service Provider's sole discretion, includes (but is not limited to):

• personal names;
• overtly offensive content or content that promotes racism, intolerance, hatred, or physical harm of any kind, directed at any group or individual;
• harasses or promotes the harassment of another person;
• exploits people sexually or violently;
• contains nudity, excessive violence, or offensive content, or contains a link to adult websites;
• publicly discloses information that constitutes or creates a risk to the privacy or security of any person;
• contains or promotes information known to be inaccurate or misleading, or promotes illegal activities, or whose content is offensive, intimidating, threatening, obscene, or defamatory;
• contains or promotes an illegal or unauthorized copy of another person's protected work;
• involves the transmission of spam, chain letters, or mass mail, instant messages, or "spam";
• contains pages with restricted access or pages that can only be accessed with a password or hidden pages or images (those not linked to other pages);
• encourages or promotes criminal activities or businesses, or provides instructions for illegal activities, including but not limited to the creation or purchase of illegal weapons, violating someone's privacy, or finding or creating computer viruses;
• requests passwords or personally identifiable information for commercial or illegal purposes from other users;
• includes commercial activities and/or sales without the prior written consent of the Service Provider;
• includes a photograph or video of another person that has been published without that person's consent;
• violates privacy rights, public disclosure rights, the right to protection from defamation, copyrights, trademark rights, contract rights, or any other personal rights.

Below are examples, without any kind of limitation, of activities that are illegal or prohibited on the Platform:

• criminal or tortious activities, including child pornography or erotica, fraud, distribution of pornographic content, distribution or use of drugs, gambling, harassment, stalking, "spam," pyramid schemes, Ponzi schemes, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of a trade secret;
• advertising to users or offering them to buy or sell any products or services through unauthorized or illegal means of using the Platform;
• circumventing or altering, attempting to circumvent or alter, encouraging or assisting other people to circumvent or alter any of the security technologies or software that are part of the Platform;
• forging TCP/IP packet headers or any part of the header information in any post or otherwise using the Platform to send altered, fraudulent, or false information that identifies the source;
• activities that involve the use of viruses, bots, worms, or other computer codes, files, or programs that interrupt, destroy, or limit the functioning of computer software or hardware or otherwise allow unauthorized use of or access to a computer or computer network;
• interfering with the access to the Platform of any user, host, or network;
• covering or obscuring advertising via banners on a user's profile page or any Platform page via HTML/CSS or in any other way, including HTML, CSS, or other coding on a user's profile page, including, but not limited to, all hidden or otherwise secretly contained codes in the sent content that is not related to the nature of the sent content;
• any automated use of the Platform, such as, but not limited to, the use of scripts to send images or videos;
• interfering with, interrupting, or creating an unnecessary load on the Platform or on the network or services related to the Platform;
• falsely representing oneself or attempting to falsely represent oneself as another legal or natural person;
• using the access data or username of another user at any time or giving the password to third parties or allowing third parties to access a user account that is not their own;
• selling or otherwise transferring a user profile;
• using information obtained from the Platform to harass, abuse, or harm someone and attempting to do so;
• unauthorized commercial advertising on a user's profile or accepting payment or anything of value from third parties in exchange for performing commercial activities through unauthorized or illegal use of the Platform on behalf of that person;
• deleting or otherwise modifying copyright notices, trademarks, or other proprietary rights that appear on user content, unless it is content that the user posts;
• using meta tags or other hidden text or metadata using the Company Name, trademark, URLs, or product names without the prior explicit permission of the Company;
• attempting to examine, scan, or test the vulnerability of any part of the Platform or violate any security measures or identity verification measures;
• collecting or storing personal data about other users without their explicit consent;
• falsely representing a connection with a person, through pre-sent text, or other forms of social engineering or other forms of fraud;
• using the Services in a manner that is not under any applicable laws and regulations or violating the Platform or network security.

The Service Provider has the right, but not the obligation, to monitor all user activities and user content that is associated with the Platform, and may investigate all reported violations of its Terms and other reports, and may take any legal or technical actions that it deems appropriate. The Service Provider will investigate the circumstances that may include these violations and may call for cooperation and cooperate with competent state authorities during the identification, investigation, or prosecution of persons involved in that violation of the Terms and Conditions, i.e., violation of the law. The Service Provider reserves the discretionary right to use all legal means, including, but not limited to, the removal of the user account and user content, as well as to immediately suspend all services of the Service Provider that the user uses, in the event of any violation of these Terms.

Limitation of Liability

The user explicitly accepts that the Service Provider is in no case responsible for the behavior of other users or third parties, and that the risk of possible damage is fully borne by those persons, following the applicable legislation of the Republic of Serbia.

Texts and other content that users leave on any part of the Platform (for example, in comments and the like) must be accurate and correct. The user who entered the data is exclusively responsible for the accuracy and correctness of the entered data. Accuracy means that the content comes from a competent source and/or the user's personal experience. Correctness means grammatical and spelling compliance.

The Service Provider does not guarantee the accuracy, reliability, or content posted by users. The Service Provider does not initiate the transmission of an electronic message delivered to it by a service user, does not select the data or documents that are transmitted, does not exclude or substantially modify the data in the content of the message or document, and does not select the recipient of the transmission. The Service Provider reserves the right, but has no obligation, to perform proofreading, i.e., to correct spelling and grammatical errors that in no way affect the data and integrity of the data that the user posts via the Platform, to maintain the quality of the service.

This provision on limitation of liability applies to all damage (material and/or non-material) or injuries that could arise from hidden defects, errors, interruptions, deletions, malfunctions, delays in operation or transmission of computer viruses, communication interruptions, theft, destruction, or unauthorized access to data, changes or misuse of data by third parties, termination of the contract, behavior contrary to the Terms and Conditions, negligence, etc.

Except in the case of intent or gross negligence, the Service Provider is not responsible for the possible temporary unavailability of the Platform, nor its partial or complete non-functioning or incorrect functioning. The Service Provider is not responsible for technical problems that may lead to delays and/or incorrect processing of electronic data, including the system clock. Internet service providers are responsible for the aforementioned.

As a provider of an information society service, the Service Provider is not responsible for any content posted by another person, a user, including but not limited to the advertising message it transmits because it neither initiates the transmission nor selects the content to be transmitted, nor has it excluded or modified the data in the content being transmitted, nor has it selected the recipient of the transmission, i.e., the recipient of the content.

The Service Provider does not guarantee the behavior of third parties or its users. The Service Provider, among other things, does not provide any guarantees that a Candidate who has advertised will be contacted regarding that ad by third parties (i.e., that they will conclude a legal transaction that is the subject of the ad), nor that the available information will contain accurate and truthful data.

The Platform may be temporarily unavailable or available to a limited extent as a result of regular or extraordinary system maintenance or in the event of system upgrades.

Jurisdiction and Dispute Resolution

All matters not regulated by these Terms and Conditions are subject to the positive legal regulations of the Republic of Serbia.

All disputes that may arise between the Service Provider and the user regarding the use of the Platform are subject to the applicable positive legal regulations of the Republic of Serbia. The Service Provider and the user undertake to try to resolve the dispute amicably, and if they fail to do so, the Commercial Court in Belgrade is competent to resolve the dispute for legal persons, and the First Basic Court in Belgrade for natural persons.

Final Provisions

The Service Provider has the right to amend or supplement these Terms and Conditions at any time by publishing the amendments and supplements in a consolidated text on the Platform and sending an email to all registered users, at least eight days before the day of their application.

If a registered user gives an explicit answer (by clicking on the link to accept the Terms and Conditions), it will be considered that they agree to the new Terms and Conditions. If a registered user explicitly (by clicking on the link to reject the Terms and Conditions) rejects these Terms and Conditions, it will be considered that their user status has ceased, they will be prevented from using the account, and the contractual relationship will be terminated according to the previous Terms and Conditions.

These Terms and Conditions shall become effective on the day of their publication on the Platform.

Every printed copy of these User Terms produces full legal effect based on the provisions of the Law on Electronic Documents, and its validity or probative value cannot be disputed.