For the relations with clients of SDP GROUP LTD on the services provided by the Company - the 'Truck'n GO' mobile application, which offers services for truck drivers in Bulgaria and abroad.
Subject and general terms and conditions
1. With these General Terms and Conditions between SDP GROUP LTD, UIC 205146630, with a seat and registered address at: 58 Geo Milev St., the town of Tervel, Bulgaria, represented by its Manager YordanYordanov, and its clients, the terms and conditions shall be established for the provision of a service by SDP GROUP LTD, UIC 205146630, in the form of the 'Truck'n GO' mobile application, hereinafter referred to as 'the APPLICATION'.
2. (1) These General Terms and Conditions shall be binding for SDP GROUP LTD, UIC 205146630, and the Customers who have accepted these General Terms and Conditions. By accepting the terms and conditions, customers hereby declare that they are familiar with these General Terms and Conditions and they accept them in full and unconditionally.
(2) By accepting these General Terms and Conditions, the Client shall be deemed to be informed and to have expressly agreed that the data he/she provides or has provided is personal data within the meaning of GDPR and may be used in accordance with the legal rules.
(3) These General Terms and Conditions shall also apply in the relations between SPD GROUP LTD and the users of the services provided by the Company through a mobile application. The General Terms and Conditions shall apply to the users of the mobile application, regardless of whether or not they have entered into an individual client contract with SDP GROUP LTD. By downloading and installing the application on their mobile device, users hereby agree to these Terms and Conditions, and declare that they are familiar with them and agree to apply them unconditionally in their relations with SDP GROUP LTD.
3. Customers may be individuals, sole proprietors or legal entities in the Republic of Bulgaria and the countries of Europe.
Services provided by SDP GROUP LTD, UIC 205146630, through the APPLICATION
4. Through the APPLICATION, SDP GROUP LTD shall provide:
4.1. A lorry park map with the option for the clients to publish.
4.2. An option to add road conditions by clients to inform other clients.
4.3. General discussions (chat) where all clients can communicate with each other and group-chat and translate-messages options.
5. SDP GROUP LTD shall provide the above-described services through a mobile application that can be downloaded and used by users who have not signed a contract with SDP GROUP LTD. In all cases, the APPLICATION shall be installed and used on end devices that are not owned by SDP GROUP LTD and the company shall not be responsible for the actions performed by the users of these devices.
Rights of SDP GROUP LTD, UIC 205146630
6. SDP GROUP LTD, UIC 205146630, shall have the right:
- to provide the Customers, through the APPLICATION, electronic communications services under Section II of these General Terms and Conditions.
- to receive, from the Clients, payment for the services provided by the Company within the terms specified in Section X of these General Terms and Conditions.
- to provide the USERS with written or audio-visual instructions for the proper use of the APPLICATION.
- to terminate the provision of services to a Customer in case of delay in payment of an amount due under the contract signed with them. The Client may request renewal of the terminated services, after the Client has settled their obligations.
- to receive the compensation provided for in Section IX of these Terms and Conditions.
- to temporarily interrupt the provision of the services to the Clients during the performance of maintenance checks, repairs or upgrades of the APPLICATION.
- to restrict access to part of the services if there is sufficient reason to believe that the Client resells and/or disseminates the service not in agreement with SDP GROUP LTD, UIC 205146630, as well as if there is evidence that the Client, when using the service, is committing an offence/offences.
- if there is need, related to the defence and security of the country, as well as in time of natural disasters or accidents, SDP GROUP LTD, UIC 205146630, shall have the right to unilaterally introduce changes in the General terms and conditions of their services to the Clients without any liability towards them.
- SDP GROUP LTD, UIC 205146630, shall have the right to change the prices of the provided services. Upon changing the prices, or temporary (or permanent) provision of more favourable terms (promotions), the Controller shall not be obliged to provide the same automatically to the users who have paid under other conditions and at other times.
- to send e-mails (SMS, e-mail) about new services, terms, promotions, etc., using contact details provided by the Clients for the use of the services in the APPLICATION.
- to unilaterally change the number or type of services to which the Client is provided with access.
Obligations of the CONTROLLER
7. SDP GROUP LTD, UIC 205146630, shall:
7.1. Develop, maintain and improve the APPLICATION in accordance with the provisions of the legislation in force and the standards adopted in the Republic of Bulgaria for implementation in compliance with the quality requirements, the rules and the technical safety requirements, obliging in this respect:
7.2. to provide services to all of its Clients, respecting their equity, according to the type of technology used.
7.3. not to create advantages for individual Clients, or groups of them, for the same service.
7.4. to notify USERS in writing or visually, through the APPLICATION, about any interruptions of the service or about any maintenance checks or interruptions caused by updates of the APPLICATION.
7.5. not to disclose to third parties information relating to the Clients and their activity without their consent, except in cases where SDP GROUP LTD, UIC 205146630, provides it at the lawful request of the relevant competent authorities.
7.6. to disclose an email address, a social networking page and/or a phone number on the site or in the APPLICATION, to receive notifications from the Clients about issues, interruptions, or other forms of maladministration, and keep a record of the date and time of the request.
7.7. to notify in writing, or visually, the CLIENTS, as soon as possible, of any restrictions on the provision of the services imposed by competent authorities under extraordinary circumstances or in connection with the national security and defence of the country.
7.8. to provide to a pre-announced phone number, information or reports on the terms and conditions of the used services.
7.9. to examine and take an opinion on applications, complaints or suggestions from USERS within one month from the date of submission.
7.10. to keep and store a register of received applications, complaints and suggestions, and the grounds for them, for a period of 12 months, in compliance with the applicable rules on the protection of personal data.
7.11. to ensure the confidentiality of communications and the protection of personal data in accordance with Chapter XV of the Electronic Communications Act.
7.12. not to transmit misleading signs and/or signals for help, disaster, accidents, incidents or alarm.
7.13. to provide, free of charge to Clients, a copy of the General Terms and Conditions of the website, the APPLICATION, and other publicly-accessible websites owned by the CONTROLLER.
7.14. to notify the Clients of any changes in the General Terms and Conditions upon their entry into the APPLICATION with their data, giving the opportunity to accept or waive the General Terms and Conditions and their amendments.
Liability of SDP GROUP LTD, UIC 205146630
8. SDP GROUP LTD, UIC 205146630, shall be liable for any damage the Clients suffer as a result of guilty behaviour of Company's employees, performed in connection with the provision of the services under these General Terms and Conditions.
9. SDP GROUP LTD shall not be liable for:
9.1. The end devices of the Clients using the APPLICATION.
9.2. The manner in which the Client uses the APPLICATION and the service, and all the consequences thereof.
10. Any over-charged amounts for services rendered or any claims paid shall be refunded to the Client together with the statutory interest.
Rights of the Clients
11. The Clients shall have the following rights:
11.1. To be able to use, according to their will, all services offered by SDP GROUP LTD, UIC 205146630.
11.2. To receive the services under these General Terms and Conditions accepted by the Clients through the APPLICATION.
11.4. To inform SDP GROUP LTD, UIC 205146630, in the manner specified by these General Terms and Conditions, about any problems with the use of the services.
11.5. To request information over the phone, under these Terms and Conditions, regarding the use of the services provided by SDP GROUP LTD, UIC 205146630.
11.6. To receive, upon request, competent technical assistance, instructions or advice on the proper running of the APPLICATION on their end devices, and settings according to the APPLICATION parameters and the services provided by SDP GROUP LTD, UIC 205146630.
11.7. To submit applications, complaints or suggestions, and to receive replies under these General Terms and Conditions.
Obligations of the Clients
12. The Clients shall:
12.1. Comply with the instructions of SDP GROUP LTD, UIC 205146630, for the correct use of the APPLICATION.
12.2. not to make any changes to the APPLICATION, and not modify and/or add to them plug-ins which are not authorized by SDP GROUP LTD, UIC 205146630.
12.3. Pay the prices defined by SDP GROUP LTD, UIC 205146630, in the manner and within the terms of payment specified in Section IX of these General Terms and Conditions.
12.4. The Clients shall not be entitled, either personally or through third parties, to make any changes, edits or replacements to components of the APPLICATION.
12.5. Clients shall not perform any action that impedes the normal functioning of the system, shall not perform any actions that disturb other users of the system and shall prevent third parties from doing so.
12.6. The Clients shall not disseminate to third parties their own user data for the system.
12.7. Notify SDP GROUP LTD, UIC 205146630, immediately in any cases of detected or established modification of components of the APPLICATION.
12.8. The Client shall not disclose to third parties the parameters and the own data for the entry and use of the APPLICATION, except when this is required by the legal provisions in the country.
12.9. The Client, whether or not familiar with the content of the materials or the relevant legal provisions, may not send or use in any way whatsoever information, data, texts, sounds, files, software, music, photographs, graphics, video or audio materials, messages or any other content intended for the use of the end user, which:
- contradict the Bulgarian legislation and the international acts to which the Republic of Bulgaria is a party.
- contain a threat to life or human integrity, harassment, exposure, abuse, offence, or any other violation of the rights of any person, group or organization.
- preach discrimination based on gender, race, educational attainment, age or religion; fascist, racist or other undemocratic ideology causing racial or ethnic contradictions; directly or indirectly promote the use of illegal substances, violations of laws or regulations designed to protect minorities, or any other such content of an offensive nature.
- include unregulated pornographic content or anything else that endangers the normal mental development of minors, or violates moral standards or gLTD morals, including child pornography, sexual abuse, or hyperlinks to similar websites.
- violate human rights or freedoms in accordance with the Constitution and the laws of the Republic of Bulgaria or the international acts to which the Republic of Bulgaria is a party.
- contain information constituting a trade, business or personal secret or other confidential information without the consent of its holder.
- constitute a protected copyright or a right protected by the Intellectual Property Law.
- violate the reputation of others, call for a violent change in the constitutionally-established order, commit a crime, violence against the person, or racial, national, ethnic or religious enmity.
- encourage illegal activities such as the initiation of chain letters, illegal competitions, betting or promotions, or any other activities deemed illegal.
- contain information about foreign passwords or access rights without the consent of their owner, or software for the access to such passwords or rights.
- are intended to interrupt, hinder, disturb or restrict the normal functioning of computer hardware, software or telecommunication facilities, and those aimed at unauthorized intrusion or access to foreign resources or software.
- violate applicable laws and/or secondary legislation, which would lead to indirect violation of law and/or secondary legislation by SDP GROUP LTD, UIC 205146630
12.10. SDP GROUP LTD, UIC 205146630, may, at its sole discretion, immediately and without notice terminate the provision of the Service in case of breach of any of the restrictions mentioned in the preceding paragraph.
12.11. SDP GROUP LTD, UIC 205146630, shall not owe any compensation to the Client for the use of the Service when it has been restricted or blocked as a result of violation of the restrictions under item 12.9. of these General Terms and Conditions.
12.12. The users of the mobile application services of SDP GROUP LTD, UIC 205146630, in addition to having the above-mentioned obligations, shall be also obliged to:
- Not modify any part of the Service or Application provided in any way and for any reason whatsoever.
- Comply with all laws and regulations in the Republic of Bulgaria and with the actions related to the use of the services of SDP GROUP LTD, UIC 205146630, shall not violate the laws of the Republic of Bulgaria and shall not harm third parties.
Obligations of the Clients
13. The Clients shall not be responsible for any damage caused to SDP GROUP LTD, UIC 205146630, which are a direct or immediate consequence of non-performance of their obligations under these Terms and Conditions, and their liability shall be commensurate with the amount of damage caused.
14. The clients of SDP GROUP LTD, UIC 205146630, and the users of the mobile application services of the Company shall meet, unconditionally and unlimitedly, any damage they have inflicted on the Company with their behaviour. If, by using the services of SDP GROUP LTD, UIC 205146630, the Clients or users of the mobile application violate any law or by-laws and thus cause the engagement and/or the realization of property, administrative and/or administrative penal liability for SDP GROUP LTD, UIC 205146630, they shall owe the Company reimbursement of all the amounts they were forced to pay, including but not limited to: sanctions imposed by the control bodies of SDP GROUP LTD, UIC 205146630, court fees paid in appeal of these sanctions, including lawyer's fees, compensations paid to third parties (both individuals or entities) and others.
Prices. Terms of service payment.
15. The Clients shall pay SDP GROUP LTD, UIC 205146630, a price for the services provided by them as follows:
15.1. Monthly subscription price that removes the banner ad in the APPLICATION.
16. The prices for the services provided shall be paid as follows:
16.1. Cashless or electronic payment systems - when and where applicable.
17. SDP GROUP LTD, UIC 205146630, shall determine and unilaterally change the prices for the provided services under the Electronic Communications Act, and for its implementation acts.
19. Any disputes between SPD GROUP LTD, UIC 205146630, and the Client shall be resolved through direct negotiations between them. Failing to reach consent, either party may request the assistance of a lawyer or refer the dispute to the competent court in the town of Tervel, the district of Dobrich, under the rules of jurisdiction of the CPC.
Amendments to the General Terms and Conditions.
20. SDP GROUP LTD, UIC 205146630, may make changes to the General Terms and Conditions upon Clients' suggestions or by their own initiative, upon the introduction of new services or for other reasons.
21. SDP GROUP LTD, UIC 205146630, shall make the General Terms and Conditions public for their Clients by placing these Terms and Conditions in appropriate public places, including in any of its sites, on the territory of which they provide their services throughout its period of activity and giving the Client access to them in the APPLICATION.
22. For any issues not covered by these General Terms and Conditions, the provisions of the Bulgarian legislation in force shall apply.
These General Terms and Conditions shall be in force from 01 July 2018.