In registering to enter the website www.sonicmind.biz, you agree to the terms stated below regarding the confidential nature of the information included within the website.
For the purposes of these terms, the Discloser is Divisia d.o.o., of Na Tratah 21, 8000 Novo Mesto, Slovenia and you are the receiving party.
The purpose of these confidentiality terms is to prevent the unauthorized disclosure of confidential information as defined within these terms and to prevent any harm that may occur to the Discloser in the event of unauthorised disclosure.
By agreeing to these terms, a confidential relationship is created between the parties, which justifies the disclosure of confidential content in a mutual relationship and under these terms, thus preventing the violation of the applicable law, which prevents the disclosure of confidential information, as well as the violation of the law protecting copyrights.
You hereby expressly agree that, in addition to all restrictions and prohibitions laid down in the terms, any other act of the Recipient shall be considered a breach of this contract if the person, by the nature of the action or the circumstances, should and could be aware that its act constitutes a breach of professional secrecy, and may be detrimental to the Discloser.
Confidential content, which has the nature of a trade secret or of any kind of secret or confidential information shall be considered to be any information or content that has or may have any commercial value or any other value in the economic activity of the disclosing party (Discloser), including but not exclusively limited to: personal data, information, technical data, sketches, pictures, instructions, etc. provided through this website.
It should be assumed that all content on this website should be considered to be confidential.
A trade secret shall include undisclosed expertise, experience and business information that meets the following requirements:
A trade secret is any information or content in accordance with the above paragraph that is not generally known or easily accessible to persons in the circles normally engaged in this type of information, has a market value, and the holder of a trade secret has acted reasonably to keep it a secret.
Exceptions
The recipient is not obliged to protect the contents which are:
Obligations of the receiving party
The Recipient expressly undertakes to use any acquired knowledge, information and documents and other confidential content with which he/she becomes acquainted through visiting this website solely for the purpose of seeking a future business relationship with the Discloser.
The Recipient expressly undertakes to protect the confidential content and trade secrets disclosed to him by the Discloser.
The confidentiality of the information is also obliged to be protected by the employees of the Recipient, contractors and third parties who are acquainted with this information. The Recipient is obliged to enter into written non-disclosure agreements with these persons prior to disclosure of the discloser’s confidential content to these persons, which will protect the confidential information at least to the level of protection in this contract, otherwise they shall be liable to the Discloser.
The Recipient may not use, disclose, copy or otherwise reproduce or publish confidential information without the written permission of the Discloser.
The Recipient must prevent any use, disclosure, copying or any other reproduction or disclosure of confidential information by third parties, contractors or their own employees.
At the written request of the Discloser, the Recipient must immediately return all notes, documents in written or electronic form or any other media containing confidential information.
The duty to protect confidential content does not end, even in the event the negotiations or the performance of any concluded contracts are terminated by any party for any reason.
Term of validity
The obligation to non-disclosure shall remain in force until the Discloser releases in writing the obligation to protect the confidential content or until the parties have agreed in writing or as long as confidential content remains a business secret and doesn’t become publicly known and accessible.
These terms only create a confidential relationship between the parties. It does not create any other business or contractual relationship between the parties.
The parties agree that the acceptance of these terms does not oblige either party to further discussions, further talks or negotiations nor entering into any business arrangement.
The parties agree that the Articles in these terms are independent and irrespective of each other.
In the event that any part of these terms is void, the remainder of the non-void terms shall remain in force. The parties will do everything in their power to maintain the terms. In addition, the parties will interpret the void and unenforceable provisions in such a way as to protect the confidentiality of confidential content.
The Recipient understands and irrevocably acknowledges that the restrictions in these terms are reasonable to protect the legitimate business interests of the Discloser and thereby irrevocably waives any challenge or denial of the strict enforcement of such restrictions by the Discloser.
The waiver of any right or obligation arising from these terms by the Discloser does not mean that it is a general waiver of this or other rights or obligations under these terms. These terms remain in force.
These terms also apply to all legal successors of the parties.
Liability for violation
The Recipient is aware that a breach of any provision or provisions of these terms would cause irreparable harm to the Discloser. Therefore, in the event of a breach, the Discloser has the right to seek judicial protection by requiring the Recipient to immediately cease potential and actual breaches of these terms.
In the event of breach of these terms by the Recipient or a third party for whom the Recipient is responsible, the Recipient is obliged to pay a contractual penalty of €50,000. The same applies to the Recipient ‘s legal successors.
In addition to the contractual penalty, in the event of a breach of the provisions of these terms, the Recipient is obliged to pay to the Discloser compensation for any material and non-pecuniary damage resulting from their conduct in violation of the terms, and to recover all unjustifiably obtained benefits.
Recipient is free from liability if he has acted with all due care, that is, with the diligence of good business practice or in his field with the diligence of a good professional.
By agreeing to these terms, the parties declare that they are aware of all the terms and that these terms cover the entire agreement between the parties on the protection of professional secrecy. These terms cancel any previous confidentiality arrangements between the parties.
Comprehensive dispute resolution
The parties undertake to resolve any disputes concerning these terms in accordance with the principle of good faith and honesty. If the disputes are not resolved by mutual agreement, the competent court in Ljubljana shall have jurisdiction to resolve disputes arising from these terms.
These terms were drawn up in the Slovenian language and translated, in the event of dispute the Slovenian version is used as authentic.
