General Terms and Conditions

WARNING: Upon registration, the user agrees to the General Terms and Conditions of the Audibook platform (hereinafter: Terms and Conditions) stated below. By logging into Audibook each time, the user confirms that he agrees with all the provisions of the Terms and Conditions and accepts them in full. If the user does not agree to the terms, he is not allowed to use the Audibook platform. The Terms and Conditions of the Audibook platform are drawn up in accordance with the Consumer Protection Act (ZVPot-UPB2). The online and mobile platform Audibook (hereinafter: The Audibook Platform) is managed by Audibook d.o.o., Savinškova ulica 10, 1000 Ljubljana (hereinafter: Provider).

GENERAL PROVISIONS

The subject of these Terms and Conditions is the regulation of the use of the Audibook platform, which is managed by the Provider. The Terms and Conditions of the provider determine the relationship that arises between the provider and the user based on the provisions listed below. The operation of the Audibook platform is also determined in the Terms and Conditions, as follows from the provisions below.

For the purposes of these general terms and conditions, a User is any person who has successfully completed the registration process for the Audibook platform (hereinafter: The user).

The Terms and Conditions are considered as an integral part of the contract between the provider and the user. An integral part of The Terms and Conditions is also the Privacy policy, which can be accessed at the following link: https://audibook.si/privacy/policy/en.

The provider declares that he provides sufficient guarantees for the implementation of appropriate technical and organizational measures in accordance with the provisions of these Terms and Conditions, the General Data Protection Regulation (GDPR) and the applicable Personal Data Protection Act. By accepting the Terms and Conditions, the user expressly declares that personal data obtained by the provider during the registration or use, may be processed for the purposes specified in the contract with the provider. The user is obliged to provide the provider with his personal data in a correct and true form. By accepting these Terms and Conditions, the user confirms that the personal data he has provided is correct.

For the purposes of providing the services it offers, the provider collects, manages, processes and stores the following user data:

• email address (username),
• other data that the user voluntarily enters in the forms,
• other data that the user voluntarily adds subsequently in his profile;

The provider does not forward the data to third parties, except for contractors with whom the provider has concluded a personal data protection agreement and who are contractually bound to the same personal data protection standards as the provider. In accordance with the Personal Data Protection Act (ZVOP-2), the provider has the protection of personal data regulated by the Privacy Policy.

All persons employed full-time or part-time by the provider who have access to personal and other user data are familiar with the provisions of the Privacy Policy or of the Rules on the protection of personal data and with the duty to protect personal and other data and are obliged to comply with these provisions on the protection of the confidentiality of personal data and the privacy of users. The duty to protect personal and other data applies indefinitely, even after the termination of the relationship with the provider. The provider will protect the confidentiality of personal data and the privacy of users within the framework of this privacy policy even in the event of withdrawal from the contract with the provider.

To use the Audibook platform, the user must agree to these Terms and Conditions. By downloading the mobile application and registering, it is considered that the user knows the content of these general conditions and accepts them, since they were accessible to him without problems, and he was also explicitly warned about them when registering the user profile, and they are also available to him at all times in mobile and online Audibook applications.

A contractual relationship between the user and the provider is established when the user accepts these Terms and Conditions by registering a user profile on the Audibook platform.

To use paid content, the user must be at least 15 years old. To use content intended for adults, the user must be 18 years of age.

AUDIBOOK PLATFORM

The Audibook platform allows users to access audiobooks in the Audibook mobile and web application. An audiobook is a sound recording of a book. The Audibook platform enables users to access content in various ways (purchase of an audiobook, paid audiobook rental, library audiobook rental).

The provider reserves the right to allow registered users to use the free trial period as a special offer during a certain period of time determined by the provider.

The provider informs users about the special offer via the Audibook platform and the Providers promotional channels.

The free trial period for content on the Audibook platform means the possibility of accessing selected audio books for free for a limited period of time (ie. book borrow). The audio books that are included in the free trial period are chosen by the provider.

The free period is available to users who:

• register on the Audibook platform,
• activate the free trial period,
• have not used the free trial period in the past.

The Audibook mobile application is available for Android and iOS operating systems.

The mobile application for the Android operating system is available at the following link: https://play.google.com/store/apps/details?id=com.audibook.audibook

The mobile application for the iOS operating system is available at the following link: https://apps.apple.com/si/app/audibook/id1204426479?ls=1

COMPATIBILITY

For the operation of the mobile application, the mobile device needs an operating system:

• Android 9 or later,
• iOS 14.0 or later;

COOKIES

Cookies are small text files that are stored on your computer when you visit our website and do not harm your hardware or software. Their storage is under the full control of the user's browser - the User can limit or disable the storage of cookies as desired.

Cookies are not harmful and are always limited in time. The online platform uses cookies for the operation of the page, which do not store personal data, but monitor visitor activities and interest in order to provide a better user experience. By using the website, visitors consent to their use.

USER ACCOUNT

To log in to the Audibook platform, the visitor must create a user account (hereinafter: User account). The visitor can also use their existing Facebook or Apple account to log in.

With one user account, the user can access the Audibook platform on a maximum of 1 device at a time. If the user logs in on a new device, the system will automatically log them out on the first device and interrupt any playback of the audio book.

The user can open a user account for the Audibook platform via the web interface on the website www.audibook.si or in the Audibook mobile application.

The user is responsible for the authenticity of the information in the user account. The user is responsible for all activities that occur on his user account.

The user is obliged to store his password and username carefully. The user is aware that despite the care and control of the services, abuses are possible. In order to prevent abuse of their user account, the account owner must have control over all devices on which they are logged into the Audibook platform with their user account. The user should not share his username and password and payment information with third parties.

If the provider has probable cause to suspect there is any abuse of the user account or use of the account in any way that is contrary to these terms of business, the user account may be deleted immediately.

The user can delete their user account on the Audibook platform at any time. By deleting the user account, the user confirms that they are aware that all active borrows will be terminated, all purchased audiobooks will be deleted, and any active free trial period will end. By deleting the user account, the Provider will also delete all personal user data. It is not possible to recover the user account after deletion.

CONTENT ACCESS

Purchase of an audio book - the purchase represents the user's permanent access to each purchased audiobook, which can be listened to within the Audibook platform. By purchasing permanent access to an individual audiobook, the user does not become the owner of the recording itself and may not download, save or use it outside of the Audibook platform, but instead acquires the ability to listen to the audiobook for an unlimited period of time within the Audibook platform. The purchased audiobook will be available to the user indefinitely. The purchase is linked to the user account of the user that completed the purchase.

Paid audiobook borrow - paid borrow represents time-limited access to an individual audiobook. Various rental periods are available to the user, and each has its own price. After the selected paid rental period expires, the user loses access to the audio book, which prevents the user from listening to the audiobook until he makes a new rental or purchase. Paid borrow is tied to the user account of the user who completed the paid rental.

Audiobook library borrow - audio book library borrow is a free borrow that the user makes with their library card. To enable library borrowing on the Audibook platform, the user must have a valid membership in one of the libraries included in the Audibook library system. To add a library card, the user must enter the following information on the Audibook platform: library, library card number, My Library service password. A user can link several library cards to a single user account. With individual library memberships, the user can borrow a maximum of 5 audio books from the library at the same time. The user can borrow a maximum of 5 audio books in 24 hours per library membership. Library borrows last 14 days.

Regardless of the selected type of access to the content (purchase, paid borrow, library borrow), the user is aware that access to bought or borrowed content will be disabled in the event of deletion of the user account or in the event that the provider ceases to provide an individual part of the service or the services in their entirety.

PRICES

Prices are listed on the Audibook platform for each individual audiobook and each individual service - purchase, rental.

All prices are stated in euros and include VAT, unless explicitly stated otherwise. The prices are valid at the time of placing the order and do not have a predetermined validity, so the service provider can change them unilaterally without prior notice.

Discounts and promotional codes received by the user do not add up.

PAYMENT

Payment for services on the Audibook platform is possible with payment cards (Mastercard, Visa,...) and Apple Pay.

Upon payment, the provider will issue an invoice in electronic form, which is delivered to the user's email address together with the rental or purchase receipt.

The user is obliged to check the correctness of the information on the invoice and to notify the provider of any errors within eight days of receipt of the invoice. The provider does not take into account objections made later regarding the correctness of the issued invoices.

TRIAL PERIOD

As part of the promotional offer, the provider can offer new users a free time-limited trial period for the duration as stated in each individual offer. Each user is entitled to use the trial period once.

Even after the trial period has ended, the Audibook platform is completely free for the user, but in order to access the audio books, the user must always make a purchase, paid borrow or a library borrow of the individual audiobook they wish to access.

Activation of the free period is linked to the user's email address and phone number.

At any time during the free trial period, the user can borrow any audio book that is included in the free trial period for free. The free trial period does not include permanent access to audiobooks. With the expiration of the free trial period all active free borrows will also expire.

The provider reserves the right to change (content, duration, ...) or completely terminate the trial period at any time and in any way.

COMMUNICATION

To communicate with the user regarding the implementation and operation of the Audibook platform services, the provider may use e-mail and push notifications.

The user can address their questions or complaints regarding the use of the Audibook platform to the email address info@audibook.si.

COPYRIGHT

All content on the Audibook platform is the property of copyright holders who have signed a cooperation agreement with the provider. Any copying, distribution, public publication or reproduction is prohibited.

USER OBLIGATIONS

The user:

• will not share their user account with third parties. If the provider finds that the user's account is being shared with third parties or that there is any similar abuse of the account, the provider can immediately terminate the user's account without warning,
• will not use threats, degrading, humiliating or insulting expressions in their communication,
• is responsible for the authenticity of the information he provides in connection with his user account,
• will not distribute copyrighted content or content owned by another legal or natural person,
• will not attempt to obtain, collect and/or store personal data of other users,
• will not copy, store or forward in any way all or part of the content of the Audibook platform and especially its paid content,
• will not use computer codes, harmful programs or anything that could disrupt, disable or damage this service, the service provider and its software and hardware, the route provider and telecommunications devices,
• will use the Audibook platform only for the purpose and in accordance with these terms and conditions.

POSSIBILITY OF TECHNICAL PROBLEMS

The contracting parties expressly agree that the provider strives and does not guarantee in any sense that the Audibook platform will be accessible at all times. Due to the constant development of new technologies and functions to improve services, the implementation of updates or other unpredictable events beyond the influence of the provider (force majeure), the service may be temporarily unavailable.

The provider cannot guarantee the operation of the services in the event of network failure of contractual partners, power failure or other technical disturbances or failure of other services that operate independently of the provider, which could temporarily disrupt the operation of the services.

In case of technical problems, the provider is available to users for questions and support at the email address info@audibook.si.

LIMITATION OF ACCESS TO THE SERVICE

The provider reserves the right to permanently or temporarily suspend access to the Audibook platform at any time without prior notice for technical reasons.

The provider reserves the right to restrict the user's access to the service if he finds that there is any abuse of the user account or the use of the account is used in any way that is contrary to these terms and conditions.

If, for business and economic reasons, the provider decides to stop providing an individual part of the service or the services as a whole, the provider shall notify the users of this no later than 30 days before the intended implementation of the change.

LIMITATION OF LIABILITY

The content and information available on the Audibook platform may contain inaccuracies and spelling errors. Except as part of its responsibility for compliance, the provider does not guarantee the correctness and completeness of this information, nor does he guarantee the reliability of the published information. In the event that the information turns out to be incorrect or inaccurate and therefore any damage occurs, the entire risk is assumed by the user of the service to the extent permitted by the applicable legislation.

The content provider is not responsible for the content published on the Audibook platform, whose author and publisher is not the provider itself.

By accepting the general terms of business, the user also expressly confirms and agrees that the provider will only strive to ensure the technical conditions for the operation of the Audibook platform. Apart from the responsibilities described in these terms and conditions, the provider is only responsible for his own violations of these terms and conditions.

The provider does not assume responsibility for any loss of revenue or damage that may occur due to service outages, as planned outages may be necessary for the existence and operation or improvement of services, and the provider has no influence on the occurrence of unplanned outages, which the user expressly agrees to.

The parties of the contract are liable for all damages arising from violations of the contractual provisions, in accordance with the applicable legislation.

RESPONSIBILITY OF THE USER

The users use the Audibook platform and all published content at their own risk.

For possible violations of these Terms and Conditions, the user is liable for damages to the maximum extent permitted by the applicable legislation.

The content provider reserves the right to permanently disable access to users who intentionally or through gross negligence violate the Terms and Conditions or act contrary to them.

If the user causes any damage to the service provider, route provider or third parties through his actions, he is fully morally, materially and criminally responsible for it. The user is aware of the fact and agrees that the provider, at the justified request of the state authority, provides the user data, which is at the providers disposal, which also includes any personal data.

CHANGES TO THE GENERAL TERMS AND CONDITIONS AND FINAL PROVISIONS

The provider can change the Terms and Conditions at any time, if this is required by reasons of a technical or commercial nature or other reasons. The provider will inform its users about all changes and innovations in all places where the Terms and Conditions of use are published.

The contracting parties will endeavor to resolve all potential disputes amicably.

The platform for the online resolution of consumer disputes is available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL(fourth paragraph of Article 32 of the Act on out-of-court settlement of consumer disputes).

CONTACT

AUDIBOOK d.o.o.
SAVINŠKOVA ULICA 10
1000 LJUBLJANA, SLOVENIA
Help, complaints and reclamations:
Phone: 040 570 521
Email address: info@audibook.si
VAT ID: SI73341177
Registration number: 7197586000
Last updated 3/1/2024