These General Terms for Use (hereinafter referred to as General Terms) refer to the services offered by SMART-BOX.BG OOD, UIC: 205949223, registered and management address: the city of Burgas, 52 Probuda Str., (hereinafter referred to as the Company) with correspondence e-mail: info@smart-box.bg, through their Partners of the Users, using the internet site www.smart-box.bg and the mobile application SmartBox and the services related to them.
I. GENERAL PROVISIONS. MAIN TERMS.
1. www.smart-box.bg shall be an Internet site providing information about the services offered by the Company, exactly: renting and using for its purpose portable charging battery (Power Bank) for mobile and other devices.
2. SmartBox shall be a mobile application for Android and iOS through which, the renting and use for its purpose of portable charging battery (Power Bank) for mobile and other devices is done.
3. SmartBox shall perform the administration and agency in the process of payment of the service provided by the Company selected by the duly registered user.
4. SmartBox is supplier of technology that facilitates the access, charging and payment for services of renting and using for its purpose of portable charging battery (Power Bank) for mobile and other devices.
5. These General Terms for Use (hereinafter referred to as General Terms) shall settle the relations between the Company as owner of the mobile application SmartBox and each person (hereinafter referred to as Partner) that acts as an agent for concluding deals between the Company and third parties (“Users“), by placing at a suitable location of a charger with portable batteries for mobile devices for using the services provided through the mobile application SmartBox. These General Terms shall settle the general provisions for agency of the Partner in the providing of the services of the Company to its Users.
6. The services subject-matter of these General Terms provided by the Partner to the Users shall include the placing at a suitable location of a charger with portable batteries for mobile and other devices, and the renting and returning of the batteries (Power Bank).
7. Charger shall be a movable item designed for storage and power supply of portable batteries (Power Bank) for mobile and other devices.
8. „Partner“ shall be each person with whom, the Company owner of SmartBox is in contractual relations that has the right to provide the service to the registered Users.
9. „User“ according to the meaning of these General Terms shall be each legally competent physical or duly and validly registered legal entity. The Users according to the meaning of these General Terms shall be two types:
10. „Site/mobile application” – an Internet resource consisting of files, programs, text, sound, picture, image and/or other materials accessible through the domain www.smart-box.bg.
11. These General Terms are published on the Internet site www.smart-box.bg and are considered accepted by the Partner with their signing.
II. REGISTERED USERS
1. In order to use the services provided by the Company through its Partners, the User shall be obliged to register in advance by filling in the relevant application electronic form for registration in SmartBox and to express consent with the General Terms for Use of the mobile application.
2. By registering in SmartBox and acquiring the capacity of Registered User, each User shall acquire the right to use these services which the Company provides through the Partner.
3. After the successful ending of the procedure of registration, the User shall have a manner of a reliable legitimation before the Partner by using their profile in SmartBox.
III. SERVICES OFFERED BY THE PARTNERS. OBLIGATIONS.
1. The Partner shall ensure a suitable location at which the charger is to be placed/installed;
2. The Partner shall ensure the permanent power supply of the charger;
3. The Partner shall ensure free access to the charger of the Users that are customers of the Company and use its services;
4. The Partner shall give information and cooperate with the customers of the Company during the use of the batteries and the charger;
5. With an existence of a technical defect/failure of the charger, the Partner shall immediately notify the Company;
6. With lack of batteries and existence of a technical failure or their damage, the Partner shall immediately notify the Company;
7. Services offered and provided by the Partners beyond General Terms shall not bind the Company;
8. Each Partner shall have personal and full responsibility for the quality of the service provided by them.
9. In case the Partner is guilty for breaching the law, they will release the Company from responsibility to third parties;
10. The Partner shall be obliged to notify the Company in due time in case third parties have claims against the Company in reference to offences by the Partner;
11. The Partner shall not operate with /or disclose before third parties any personal data of other participants that became known to them during the use of the service by the Users;
12. The Partner shall provide the services only for legal purposes and shall not use the services for fraudulent purposes;
13. During the providing of the services, the Partner should not create any inconvenience or trouble to the Users or third parties;
14. The Partner will provide the services personally and will not assign them to third parties except with the explicit consent of the Company;
15. While providing the services, the Partner shall be obliged to observe the law and have responsibility for the service provided to the Users;
16. The Partner should refrain from actions that could harm the reputation of the Company;
IV. RESPONSIBILITY
1. The Company shall not be liable before the Partner for:
2. The Company shall take care that the information on the site in SmartBox is maintained always true and updated but shall not guarantee the reliability and thoroughness of the contents and shall not engage with terms for update of the information. The Company shall not have the obligation and shall not guarantee that the provided services will satisfy the requirements of the Partner or that they will be uninterrupted, timely or permanent. By accepting these General Terms, the Partner shall declare that the use of the provided service will be fully at their risk and responsibility and the parties shall agree that the Company shall not be liable for possible damages caused to the Partner during the use of the provided service except if they were caused due to the guilt of the Company intentionally or by gross negligence.
3. The Company shall not be responsible for its incapacity to provide the Services with occurrence of circumstances beyond its control – cases of force majeure, occasional events, problems in Internet and for the provision of services beyond the control of the Company, as well as in cases of unauthorized access or intervention of third parties in the functioning of the information system or server.
4. The Company shall not be responsible before the Partner for suffered damages and lost profits resulting from the termination, suspension, change or limitation of the Services, the erasing, modification, loss, untrustworthiness, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded or that became accessible through SmartBox.
5. The parties shall accept that the Company shall not be responsible for not providing the Services or their provision of low quality by the Partner.
V. PERSONAL DATA AND CONFIDENTIALITY
1. The Company owner SmartBox, is data controller registered under the Law on Personal Data Protection.
2. The Company shall take the due care and be responsible for the protection of the information about the Partner that became known to them because of the provision of the services through their agency subject-matter of these General Terms, except in the case of force majeure, an accidental event or malicious actions of third parties.
3. The Company shall be obliged not to disclose any personal information about the Partner or not to provide the collected information to third parties – governmental authorities, commercial companies, physical persons and other, except in the cases where:
They have received the explicit consent of the Partner at the time of registration or at a later moment of time;
The information was required by governmental authorities or public officials who, pursuant to the existing legislation, are authorized to require and collect such information in observance of the statutory procedures;
In other cases envisaged by the law.
4. By signing the General Terms, the Partner agrees that the information about them is processed under the statutory procedure.
5. The Company shall have the right to provide the collected statistic information that is related in any manner with the Partner, about the website traffic to the site of advertisers/advertising agencies and third parties that keep statistics of the clicks on their advertising banners and links, to prepare internal statistics and for the purposes of direct marketing (their own and the ones of their Partners).
6. By accepting these General Terms, the Partner shall agree with the processing of their personal data for the purposes of direct marketing. The Partner shall have the right to object against the processing of their personal data for the purposes of direct marketing by sending a written message to the specified contact email.
7. The Company shall be obliged to take all necessary care for the protection of the information in reference with this Agreement and not allow that it comes into possession of third parties except its use in reference to the above.
VI. RATING SYSTEM
1. The Partner shall agree that the Users that use the services provided by them may assess them. When giving an assessment to the Partner, the Users will be obliged to be objective in their judgement.
2. The Partner shall also agree that those assessments will be public in SmartBox or the Company may publish them on the site www.smart-box.bg.
VII. APPLICABLE LAW
1. All disputes between the Company, owner of SmartBox and the Partner caused by this Agreement or related to it, including the disputes caused or related to its interpretation, invalidity, execution or termination, and the disputes for filling in gaps in the Agreement or its accommodation to new circumstances will be resolved amicably by way of negotiations between the parties.
2. Where no consent can be reached between the parties, pursuant to art. 117, para. 2 of the Civil Procedure Code, the disputes will be referred for resolving judicially by Burgas Regional Court, respectively, Burgas District Court, depending on their competent jurisdiction.
VIII. MISCELLANEOUS
1. The written form shall be considered observed with the sending of an electronic message to info@smart-box.bg, insofar as the statement has been recorded in a manner giving the chance to reproduce it.
2. The parties shall agree that in case any of the clauses (or several of the clauses) in these General Terms turns out to be invalid, this will not result in the invalidity of the agreement, of other clauses or its parts. The invalid clause will be substituted by the imperative norms of the law or the established practice.
3. All other terms, rights and obligations between the Company and the Partner shall be fixed in a separate AGENCY AGREEMENT between them that shall be an inseparable part of these General Terms.