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GENERAL TERMS AND CONDITIONS of Taxistars OOD for provision of services via mobile application

SECTION I. GENERAL PROVISIONS.

1. By this document (hereinafter referred to as the "General Terms and Conditions") the terms of use of the specialized application with the trade name "Taxistars" (hereinafter referred to as the "Mobile Application" or just the "Application") shall be determined enabling access of a customer - natural person (the "Customer") to an online technology platform, which performs electronic processing of orders for taxi services within the territory of the Republic of Bulgaria (the "Taxistars Platform"), offered by third parties - providers of taxi services (the "Provider of taxi services").

2. The Platform is a software product for electronic positioning, dispatching, charging, receiving, accepting and tracking of orders for taxi services, which is developed and operated by Taxistars OOD (the "Operator"). The Mobile Application provides to the Customers access and possibility to use the functionalities of the Taxistars Platform. The Operator is entitled to distribute the Application and to provide access to the Customers for the use of the services, available via the Application, in accordance with a marketing policy, defined, entirely and exclusively, at his/her sole discretion. The Operator is not a provider of taxi services, nor is acting in the capacity of carrier.

3. The text of these General Terms and Conditions is available on the Operator's website at: http://taxistars.net, being organized in such a manner that allows its saving and reproduction.

4. The Mobile Application may be downloaded, installed and used by all the Customers via a mobile device (portable electronic devices, e. g. mobile phones, tablets, etc.), which allows and provides Internet connection and has an operating system, compatible with the Application.

SECTION II. REGISTRATION. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS.

5. The Customers may use the services, available via the Application, only after making the registration on the Website at: http://taxistars.net in accordance with the instructions given, by creating their user accounts on the Taxistars Platform. The contract entered into by the Operator and the Customer for the use of the Mobile Application and the services made available through it, including these General Terms and Conditions, shall take effect after the successful registration of the Customer for the services and the creation of his/her user account.

6. The Mobile Application is not intended for use by children or persons under 14 years of age, and the said should not use the Mobile Application, and should not send any personal data using it. Upon registration of any minor customer (between 14 and 18 years of age), he/she shall state the consent of his/her parents or guardians with the General Terms and Conditions. In case of registration of a person under 14 years of age, the statement of consent with the General Terms and Conditions shall be made by a parent or a guardian thereof. The Operator shall reserve the right to deny registration and access to persons, who are under 14 years of age (as far as they can be identified as such).

7. In order to perform a registration and to create a user account the Customer must have a valid e-mail address ('email') and must fill in all the fields marked as mandatory in the provided electronic form available to access via the Application. Each Customer may register only one user account with a particular email. Upon such registration, the Customer shall also specify his/her full name, telephone number and a password. The Customer shall gain access to his/her user account as well as be able to use the services of the Mobile Application, via his/her email address and password.

8. The Customer is responsible and warrants that the data provided in the registration process are true, complete, accurate and not misleading, and undertakes to promptly update his/her account with any changes that may occur. The Operator shall reserve the right to deny or cancel the registration of a person for whom information is received indicating that said person provides or uses false data or personal data of another person.

9. In the process of creating the user account and registration the Customer makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act whereby he/she declares that he/she is aware of these General Terms and Conditions, accepts and agrees to these terms, and undertakes to abide thereby.

10. If the Customer disagrees with these General Terms and Conditions during the process of creating the user account it will prevent the Customer to use the services, made available via the Application.

SECTION III. USE OF THE MOBILE APPLICATION. SCOPE OF SERVICES.

11. The Application is intended and available for use on Android and iOS operating systems. To use the Mobile Application, the Customer is required to have a mobile device with the respective operating system, which has Internet connection.

12. The Application shall allow the Customer to submit the order for taxi services to an indefinite number of Providers of taxi services. The Application shall allow the localization of the Customer's location at the time of making the order based on GPS functionalities and shall transmit the information to a Provider of taxi services, who is able to take the order. The algorithm for dispatching the orders to the taxi drivers, who are close to the location specified by the Customer and are available to take the order, shall be determined by the Operator. The Customer shall bear full responsibility for the accuracy of the address submitted when making the order.

13. The Mobile Application shall help the Customer by visualizing a supposed route based on map information publicly available on the Internet network. The Operator shall not be liable in case of route inappropriateness or inadequacy due to divergence with the specific traffic conditions at the time.

14. The Operator shall independently define the service scope in terms of serviced area and available Providers of taxi services (their drivers, respectively), and shall reserve the right to extend or reduce the same without any need to change these General Terms and Conditions.

15. Each Provider of taxi services (their driver, respectively) shall have the right, at his/her sole and absolute discretion, to decide whether to accept or reject an order for taxi services. The Provider of taxi services shall also have the right, at his/her sole and absolute discretion, to decide whether to use the Application, to receive orders placed via it. If the Provider of taxi services (their driver, respectively) accepts the order for taxi service, the Application submits a confirmation to the Customer.

16. The Application enables the Customer to monitor in real-time the movement of the respective taxi cab to the passenger pick-up point and during the execution of the taxi service.

17. The Operator shall be entitled to refuse at his/her sole discretion the administration of an order for taxi services, requested via the Mobile Application, in case of incorrect data filled in during the registration or upon reasonable suspicion of false or malicious orders.

18. The download and use of the Application is free of charge for the Customer. The Customer shall pay only the cost of the services requested via the Application. The fares of the taxi service requested via the Application shall be determined by the respective Provider of taxi services. The requested taxi service shall be paid in the ways, available via the Application and/or specified therein.

19. The Application provides an opportunity for the Customer to order, negotiate and get a taxi service, depending on the availability of Providers of taxi services near to the Customer's location at the time of placing the order. The provision of a taxi service to the Customer by the Provider of taxi services shall be the subject of an agreement between them. The Operator shall not be a party to such agreement, and shall not act as an agent, attorney, or other representative for the Customer or the Provider of taxi services.

20. The Customer shall agree that the Operator shall have the right, at any time, to change the user design and interface, functionalities or any other parameters of the Application, as well as the services provided by using it, at his/her sole and absolute discretion, without any need to notify the Customers. The Customer shall agree that the Application may have a different appearance and functionality on different operating systems, for which it is intended.

21. The Operator shall reserve the right to introduce a fee for the download and/or use of the Application. Should the Operator decide to introduce such a fee, he/she will inform the Customer on the Website or via the Application, providing him/her the opportunity to terminate the use of services.

22. The Operator shall reserve the right to submit at his/her sole discretion valid notifications to the Customer via the Application, on the Website at: http://taxistars.net or by email message to the email address contained in the registered user account.

SECTION IV. USE OF THE APPLICATION FOR PAYMENT OF TAXI SERVICES.

23. The Provider of taxi services shall have the right to define at his/her sole and absolute discretion the fares of the taxi services provided to the Customer, including the fees, which the Customer shall owe upon order cancellation or refusal to use an already requested service. The valid rates, applicable at the time of ordering the service, are available via the Application. The Provider of taxi services shall be entitled to change such fares periodically. The Customer shall be responsible for obtaining information about current prices before placing his/her order for the use of a taxi service.

24.1. The Customer shall undertake to pay the price of the taxi service requested by him/her, in due time, exactly, in full amount and in a manner specified by the Provider of taxi services. The payment of a taxi service is made in cash to the driver of the taxi cab or by use of a credit/debit card via the Application (if the Provider of taxi services has accepted this mode of payment).

24.2. By accepting these General Terms the Customer agrees that when he/she requests a taxi service and the Provider of taxi services arrives at the Customer's location (the initial address of the trip) then the Operator has successfully completed its service of administering the Order and the Customer has received this service. Upon refusal of the Customer from a confirmed Order or from using the taxi service after the Provider of taxi services arrives at the Customer's location, the Customer agrees to pay a price, called "Cancellation fee", for the successfully performed service to the Operator in the amount of three times the sum of the booking fee and the initial fee, as per the basic tariff announced at the mobile application for the corresponding city, but no more than BGN 3. In case of contesting the completion of the service the Customer has the right to send a ticket to the Operator through the Application, and the factual situation is established based on the data collected in the Operator's system.

25. The Application provides an opportunity for the Customer to pay the price of the taxi service used by a credit/debit card (including all fees charged by the Provider of taxi services, taxes or other charges in accordance with their tariff, and the applicable laws). In this case, the payment is made via the Application, which ensures a connection between the third party - Easypay AD, an operator of the Easypay payment system ("Payment Operator") and the account of the Customer under the bank card, issued by the respective credit institution.

26. In order to make payments of taxi services by a credit/debit card, the Customer is required to make a one-time registration of his/her bank card via the Application. The data is stored in the Payment operator's database, provided that the Application does not register and store any sensitive information whatsoever about the card number, validity, holder or security codes. The Customer may register one or more of his/her bank cards, and in the latter case should specify a principal (preferred) payment card. The Customer may, change the principal card at his/her sole discretion, unless being in a process of execution of already submitted and confirmed order for taxi services. The payments processing procedure in relation to the use of a credit/debit card by the Customer shall be determined by the applicable General or special terms and conditions of the Payment Operator and the credit institution that issued the respective credit/debit card. The Operator shall not be held liable for any actions of the Payment Operator or the credit institution in relation to the payments processing.

26.1. The Operator is entitled, upon arising of any doubts for abuses with registered on the Platform by the Customer debit or credit cards, to notify the Customer and to block amounts under the Balance of the Customer in an amount of the transactions effected with these cards plus possible penalty charges. Upon establishment of any committed abuses the Operator shall be entitled to refund the blocked amounts to the relevant issuer banks.

27. Any payment of a taxi service by a credit/debit card shall be made by using a personal PIN, which the Customer will receive via the Application, after requesting this mode of payment and selecting his/her preferred service fee (minimum service fee is 5%, the maximum may not exceed 20%). Payment of taxi services by a credit/debit card shall be allowed only after receiving a confirmation from the Customer's bank, evidencing that the balance on the card account is sufficient to cover the amount due. The Operator shall not be liable for any delays in the receipt of the confirmation or failed receipt of such. Such a delay may occur due to reasons of the Customer’s bank or mobile operator, as well as due to technical reasons. In such cases, the Application automatically switches to the mode of payment in cash and the Customer cannot refuse payment on such grounds.

SECTION V. PROMOTIONAL CAMPAIGN.

28. The Operator organizes a constant promotional campaign "Invite a friend". The participation is open for Customers based in Bulgaria and allows them to invite friends to install the app and earn trip awards under the terms of the campaign described in the submenu "Invite friend" in the Application. The Customer is entitled to participate in the campaign, if he or she is a natural person over 18 years of age, has registered a credit or debit card with the Application and has done at least two trips ordered through the Application that are paid electronically with personal funds to the Customer, for each invitation of a friend within the campaign.

SECTION VI. CUSTOMER'S RIGHTS AND OBLIGATIONS.

29. The Customer shall undertake to use the Application and its functionalities and content in good faith and only in line with their intended purpose.

30. The Customer shall bear full responsibility for the completeness and reliability of the data provided at the creation of the user account and shall undertake promptly to update his/her user account upon any change of such data.

31. The Customer shall bear full responsibility for the accuracy of the data submitted by him/her upon ordering a service via the Application.

32. The Customer shall be obligated to procure at his/her own expense the required mobile device for the use of the Application, as well as Internet connection for such mobile device.

33. The Customer shall be obligated to keep the data for access to his/her user account in such a manner as to prevent the same from being made available to third parties. The Customer shall bear full responsibility for any actions of third parties, who have been provided with the data for access to his/her user account. The Customer shall be obligated to immediately notify the Operator upon receipt of information about the unauthorized use of a user password and/or email for access to the services provided via the Mobile Application.

34. The Customer shall be responsible to familiarize himself/herself with the terms of use of the desired taxi services, as well as about its amendments or cancellation.

35. The Customer undertakes to not use the Application for malicious actions. Malicious Actions are actions or inactions violating the Internet ethics or causing tangible and intangible damages to persons connected to the Internet or associated networks, sending undesired mail, obtaining access to resources with someone else's rights and passwords, using system imperfections for the purpose of personal profit or obtaining information, damaging or destroying systems or data sets, sending or invoking "Trojan horses" or causing installation of viruses, disturbing the normal work of the remaining users of the Internet and associated networks, carrying out any actions which may be defined as a crime or an administrative violation under the Bulgarian law or other applicable law.

SECTION VII. EXCLUSION OF LIABILITY.

36. The Operator will take due care to ensure the continuous and error-free operation of the Application and the Taxistars Platform. Notwithstanding the foregoing, the Customer acknowledges and agrees that the access to the services, provided via the Application, might be occasionally suspended or prevented due to preventive maintenance, troubleshooting or work on the functionalities of the Application.

37. The Customer acknowledges and agrees that:

37.1. The Operator shall not be liable for any damage incurred and/or loss of profits in case of unavailability or limitation of the services, provided via the Application, due to preventive maintenance, troubleshooting or work on the functionalities of the Mobile Application or the Taxistars Platform, or any other activities aimed at improving or optimizing the services provided;

37.2. The Operator does not guarantee continuous and error-free operation of the Application and the Taxistars Platform. The Operator does not guarantee that the services, provided via the Application, will fully satisfy all requirements and/or expectations of the Customer for quality or other parameters of these services, if and in so far as they are not under the control of the Operator. In this regard, the Operator shall not be responsible for the accuracy of information, related to the needs of the Application and/or the Taxistars Platform and submitted by the Provider of taxi services.

37.3. The Operator shall not be liable for any damage incurred by the Customer in relation to the use of the Mobile Application, unless they are caused intentionally or by gross negligence.

37.4. The Operator shall not be responsible for issues that may occur due to incidental technical factors, for issues that may occur due to the type, specifications or quality of the mobile device used by the Customer or the Internet connection, as well as from outside interference by third parties. The Operator shall not be held liable, if the Customer's mobile device is not compatible with, or if the Customer has downloaded an incorrect version of the Application for his/her mobile device.

37.5. The Operator does not guarantee the error-free operation of the Application and the access to services provided via it, in the event that the Customer has downloaded the Application from a place or in a manner other than the specified ones.

37.6. The quality of a taxi service requested by the Customer via the Application is the sole responsibility of the Provider of taxi services, providing such service to the Customer. Under no circumstances shall the Operator be liable in connection with and/or due to execution of the taxi service, accepted for execution or provided by the Provider of taxi services or their actions/omissions (their driver, respectively). For this reason, all complaints related to the taxi service rendered by the Provider of taxi services (their driver, respectively), should be addressed to this Provider of taxi services. The Operator shall not be liable for damages incurred and/or loss of profits, due to non-acceptance of an order for taxi services, made via the Mobile Application, or failure to execute an already accepted order for taxi services.

37.7. The Operator shall have no obligation to continuously monitor the content published by the Customer pursuant to clause 53 of these General Terms and Conditions. The Customer shall publish such content entirely at its own risk and responsibility. Without limiting the foregoing, the Customer acknowledges and agrees that such content does not necessarily represent the opinion of the Operator, and that the latter is not responsible for the accuracy or appropriateness of any remarks, opinions, comments, suggestions and other information, published by the Customer. However, the Operator shall reserve the right at his/her sole discretion to block or remove (in whole or in part) any Customer's content, which he/she believes is not in accordance with these General Terms and Conditions, infringes or may infringe any third party intellectual property rights, infringes rights of privacy or personality rights, or is otherwise unacceptable to the Operator.

SECTION VIII. PERSONAL DATA.

38. During the registration process and the use of the Application by the Customer data will be collected that can identify him/her (personal data). With regard to the Customer, personal data will be collected only in such quantity and type, which are necessary for the use of the Application and the provision of the services available by using it. Such data shall include but not limited to: full name, telephone number, e-mail address, in some cases, unique number of the mobile device, data referred to in clause 25 above.

39. The Customer's identification for the purpose of reproducing customer's statement both for the acceptance of these General Terms and Conditions and for the orders made shall be done via the data stored in log files, the storage of the Customer's IP address, as well as the storage of any other information provided by the Customer or available from public information sources.

40. By accepting these General Terms and Conditions the Customer shall declare that his/her personal data is provided on a voluntary basis, and shall agree that such data should be collected and processed for the purposes of use of the Application and the services requested by using it.

41. By accepting these General Terms and Conditions the Customer gives his/her express consent to receive promotional and informational materials, as well as other communications for the purposes of direct marketing by the Operator or by the Provider of taxi services to the e-mail address, stated in his/her user account or upon ordering a specific service. A waiver in respect of the receipt of such materials and messages can be made at any time via a special link, available in the content of any such message or material.

42. The collection and processing of personal data of the Customer will be subject to the requirements of the Personal Data Protection Act.

43. Any information and personal data provided by the Customer will not be used, provided or brought to the knowledge of third parties except in the cases and under the conditions provided in these General Terms and Conditions and the effective laws. This obligation will cease to have effect in the event that the Customer has provided false information or committed malicious acts. Personal data disclosure shall be permitted where: a) such disclosure is provided in these General Terms and Conditions and the Customer has given his/her explicit consent upon registration or at a later time; b) it is required for the fulfilment of a statutory obligation of the Operator and/or the Platform Operator; c) the information is required by government agencies or officials who, according to the effective laws, have the right to demand and collect such information in compliance with the statutory procedures; d) the personal data is provided to employees or subcontractors of the Operator for activities related to the performance of their official duties associated with the operation of the Mobile Application and the system; e) disputes between the parties are being settled; f) in other cases provided for by law.

44. The Operator shall not bear any responsibility for the personal data protection in cases of force majeure, fortuitous events or malicious acts of third parties, as well as in cases where that information was made available to third parties by the Customer himself/herself.

SECTION IX. RATING OF CUSTOMERS AND PROVIDERS OF TAXI SERVICES.

45. Via the Mobile Application and the access to the Taxistars Platform, the Customers have the opportunity to rate the Providers of taxi services (their drivers, respectively), who have executed their respective orders.

46. Via the Mobile Application and the access to the Taxistars System, the Customers have the opportunity to receive information on the rating of the Provider of taxi services (their driver, respectively), who has accepted their respective orders, and to consider whether to cancel the order based on that information.

47. The Customer shall agree that the Providers of taxi services (their drivers, respectively) may rate the Customer and that such information will be available to each Provider of taxi services (their driver, respectively), who receives subsequent orders by this Customer.

48. The rating of a particular Provider of taxi services (their driver, respectively) or a Customer shall be available only in an aggregated form, i.e. no data on the rating assigned to a particular Provider of taxi services (their driver, respectively) by a particular Customer and vice versa will be provided.

SECTION X. INTELLECTUAL PROPERTY.

49. All the components of the Application's content, including but not limited to source code, trademarks, logos, symbols, , designs, pictures, graphic resources, navigation tools and texts, are subject to protection under the Copyright and Related Rights Act, the Marks and Geographical Indications Act and any other regulations governing the protection of intellectual property rights, and may not be used in violation of any applicable laws or regulations.

50. The Customer shall be entitled to use all services and information contained in the Application, provided that it does not infringe the intellectual property rights over it. Subject to the compliance with these General Terms and Conditions the Operator shall grant to the Customer a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device and to use such copy of the Application solely for his/her own personal non-commercial purposes.

51. The Customer shall undertake not to commit any acts aimed at or resulting in reverse engineering, decompiling, disassembling, adapting or otherwise modifying the Application and/or the Website, including the source code, content or any system connected to it.

52. No licenses or rights shall be granted to the Customer by implication or otherwise under any intellectual property rights owned or controlled by the Operator or its licensors, except for the licenses and rights expressly granted to the Customer in these General Terms and Conditions.

53. In the event that the Operator provides, via the Application, an opportunity for the Customer to communicate, upload, publish, send or transmit a content, expressing views or attitudes of the Customer toward the Application, its content or use, or toward a requested and/or used taxi service via the Application, such content will be considered non-confidential and freely accessible. Accordingly, the Operator will have the non-exclusive, royalty-free right to use, copy, distribute and disclose, at his/her sole discretion, any such content to third parties for any purposes he/she may think fit.

SECTION XI. CHANGES TO THE GENERAL TERMS AND CONDITIONS.

54. The Operator shall reserve the right at all times to change and/or make additions to these General Terms and Conditions at his/her absolute and sole discretion. The change shall be deemed to be recognized by the Customer as of the date of its publication at the specific section of the Application or on the Website at: http://taxistars.net. The Customer shall be deemed to have elected to agree and accept the changes, if following their publication the former makes a valid order for taxi services via the Application.

55. In case of disagreement with the General Terms and Conditions after creating the user account (whether the General Terms and Conditions have been amended or not), the Customer must discontinue the use of the Application and the services provided via it. Otherwise, the Customer shall be deemed to have elected to accept and agree to these terms, and to abide thereby.

SECTION XII. TERMINATION.

56. The Customer shall have the right at any time to uninstall the Application, installed on his/her mobile device, thus to permanently terminate access and use of services provided via it and the contract between the parties, respectively.

57. The Operator shall have the right to terminate or discontinue immediately and without prior notice, the Customer's access to the services provided via the Mobile Application, as well as the maintenance of his/her registration, where the Operator believes that the Customer uses the Mobile Application or the services provided thereby in breach of these General Terms and Conditions, the applicable Bulgarian laws, the rights and legitimate interests of third parties or the accepted principles of morality. In such a case, the contract entered into between the Operator and the Customer for use of the Mobile Application shall be deemed automatically terminated as of the date of cancelling the Customer's registration.

58. Upon contract termination, regardless of the reason, the Customer's access to his/her user account, as well as to the services provided via the Mobile Application, shall be discontinued. In this case, the Operator shall reserve the right to keep the information submitted by the Customer by that time.

SECTION XIII. DISPUTE RESOLUTION AND GOVERNING LAW.

59. Any disputes arising between the Operator and the Customer shall be resolved by both parties amicably and in good faith by negotiation. In the event that no agreement is reached any party may refer the dispute for settlement to the Bulgarian court of competent jurisdiction in the City of Sofia (Sofia Regional Court or Sofia City Court, depending on the exclusive jurisdiction over the dispute).

60. These General Terms and Conditions shall be governed by and construed in accordance with the provisions of Bulgarian law.

SECTION XIV. CONTACT DETAILS IN RELATION TO THE USE OF THE APPLICATION.

61. Contact address of the Operator: Taxistars OOD, City of Sofia, 48, Sredna Gora St., e-mail: service@taxistars.net.

62. In case of any current problems occurred during the use of the Mobile Application, the Customer can reach the Operator' call center at the following telephone numbers: +359 875 308190.

63. Upon inquiries, complaints, claims or other requests towards the Operator, the Customer must provide his/her full name, address and contact phone.

SECTION XV. FINAL PROVISIONS.

64. These General Terms were approved by the General Manager of Taxistars OOD, with effect from March 01, 2018.

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