General terms and conditions of use of the platform www.guideforeigners.com
By using the platform guideforeigners.com, any of its menus, categories or sub-categories, sections or sub-sections, and with the creation, development and termination of any legal relationship arising from the use of this website, you provide your consent to be bound by these General terms and conditions (hereinafter referred to as “GTCs”) for use of the platform, as well as you declare consent to all other conditions governing certain legal relations, arising from its use. Under the aforementioned conditions, you provide your consent to the collection and processing, for the purposes of the platform and the legal relations, arising from it, of the personal information/ personal data provided by you.
The GTCs, together with the appendices thereto, are binding for the use of the current configuration of the website and any possible and future changes in it, made in the form of updates, changes and/or introduction of new menus, categories and sub-categories, sections and sub-sections and others. If you disagree with the abovementioned and/ or unwilling to provide your consent to the GTCs and the profiled conditions of the platform, visiting and using the platform would not be allowed and you cannot be a Party to the relationships, arising from the latter.
If you have any questions and/ or comments in relation to the website guideforeigners.com please contact us at the following email address: email@example.com
І. GENERAL PROVISIONS:
Art. 1. These General Terms and Conditions represent a contract for the provision of services by GUIDEFOREIGNER.COM LTD, UIC 204962919, with seat and registered address: Sofia 1000, Sredets district, 32A Vitosha Blvd., 1st floor, apt. 1, e-mail address: firstname.lastname@example.org through its own website guideforeigners.com, to make virtual contacts between sellers and potential buyers-users and regulate the rights and obligations of users (“Users”) on the Internet platform guideforeigners.com, owned by GUIDEFOREIGNER.COM LTD.
Art. 2. The Parties to the present agreement are GUIDEFOREIGNER.COM LTD and each User visiting, using and registered in the platform guideforeigners.com.
Art. 3. The User declares that he is familiar with these GTCs, that he accepts the latter, and that any active action on his part or maintaining passive behaviour after the platform guideforeigners.com is loaded on the browser, represents an explicit electronic statement within the meaning of the Electronic Document and Electronic Trust Services Act (EDETSA) through which the user agrees with the present GTCs.
Art. 4. For the purposes of these Terms, “an active action” represents each click/press/selection/election of hyperlink or button on the platform guideforeigners.com.
Art. 5. For the purposes of these GTCs, “maintaining passive behavior” means not leaving the platform following its loading on the User’s browser.
Art. 6. By accepting these General Terms and Conditions, the User declares his explicit consent for his personal data to be processed by GUIDEFOREIGNER.COM LTD, in compliance with the requirements of the Personal Data Protection Act and Regulation (EU) 679/2016 of 27 April 2016., as in connection with these General Terms and Conditions and the use of the website guideforeigners.com, and in connection with the activities of GUIDEFOREIGNER.COM LTD.
Art. 7. The services of the platform are intended for adults. In case the User is a minor, he/she has no right to use the services without the express written consent of a parent or guardian. In case a minor uses the platform without such consent, then his actions are in conflict with these GTCs and by their nature constitute concealment of important information by the User. The administrator is not responsible for any events that have occurred as an adverse consequence.
Art. 8. Users of the platform declare that they are familiar with and agree with the definitions of the following terms used for the purposes of these General Terms and Conditions:
8.1. Administrator (of the platform) – GUIDEFOREIGNER.COM LTD, with UIC: 204962919, with seat and registered address: Sofia 1000, Sredets district, 32A Vitosha Blvd., 1st floor, apt. 1, e-mail address: email@example.com;
8.2. User of a web page or site is any person (visitor, potential buyer, buyer, offering party or other) who has entered the electronic address or reached the web page or website;
8.3. Interface – a combination of graphical objects associated with program code, through which the User communicates with the platform in a way accessible to him;
8.4. Platform – a set of methods, conceptual, software and graphics solutions, constituting a complete web-based product, providing an accessible environment for the User to the capabilities of the Internet space;
8.5. Browser – software program for desktop computer, laptop, smartphone or other device, providing the ability to store, transmit, process and visualize data through the use of various types of data transfer protocols;
8.6. Hyperlink is a link established on a certain internet page, through which an automated link is made to another website, another information resource or object, through standardized protocols;
8.7. Malicious acts are acts or omissions, which are inconsistent and violating Internet ethics or causing damages to persons connected to the Internet or associated networks, sending spam (unsolicited commercial messages, SPAM), gaining access to resources with third party rights and individual personalization data, damaging or destroying systems or information databases (CRACK), as well as any acts, that can be qualified as “crime” under the Criminal Code or “administrative violation” within the meaning of the Administrative Violations and Penalties Act;
8.8. Information system is any individual device or set of interconnected or similar devices, which, in the execution of a particular program, provides automatic data processing;
8.9. IP Address is an identification number, associating a computer device, website/site or resource of the User, in a way that allows its localization in the global Internet network;
8.10. A password is a combination of letters, numbers and signs, a secret code, which together with the username, individualizes the User and which together with the username provides access to the User to his/her user profile;
8.11. A username is a unique code of letters, numbers and signs chosen by the User, by means of which he/ she is individualized in his/ her relations with the other users of the platform, on the one hand, and with GUIDEFOREIGNER.COM LTD, on the other hand;
8.12. User profile is a separate part of the platform of GUIDEFOREIGNER.COM LTD, which contains information about the User, required by guideforeigners.com, which is collected, stored, used and processed in full compliance with applicable national and international law. Access to the user profile by the User is possible by entering a username and password in the respective part of the platform. The communication between the User and GUIDEFOREIGNER.COM OOD is executed through the functionalities of the user profile;
8.13. Act of God is an unforeseen circumstance at the moment of conclusion of the contract of an extraordinary/ force majeure nature, as a result of which the provision of the services becomes objectively impossible;
8.14. Website / (“website”) is a separate location on the global Internet network, accessible through a unified address (URL) via HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, images or other materials and visualizations;
8.15. Voucher or receipt – a virtual document with a unique number and secret code, issued to the user-buyer by GUIDEFOREIGNER.COM LTD, as an administrator of the site guideforeigners.com, acting on behalf of the merchant-seller, confirming that under the conditions of Art. 45 of the Consumer Protection Act, the consumer-buyer has concluded with a specific merchant-seller, through the information platform guideforeigners.com and the electronic form located there, a specific contract for distance selling of a specific product/service, announced by the merchant-seller prices, as well as that he/ she has made an advance payment for part of or full price of the goods and/or services purchased from a distance, made in favor of the merchant-seller under the terms of the contract concluded between them, by transferring it to the account of the administrator of the site guideforeigners.com.
8.16. Cookies – small text files that a web server can store on your device/browser when you visit a site/ platform. The next time you visit the page in question on the site/platform, the browser sends back to the server the information in the cookies thus created. For the purposes of these Terms and Conditions and for maximum clarity, the term summarizes other similar technical mechanisms, in addition to HTTP Cookies, through which your browser may allow information to be stored locally, such as: Web Storage (Local Storage and Session Storage), Indexed Database API (IndexedDB), Web SQL Database, Local shared objects (Flash Cookies), Web beacons.
8.17. Phishing scam – sending an email or web link that a seemingly derived from a particular site or else a trusted site, but actually intended to mislead the consumer to provide confidential information such as usernames, passwords or other data. Phishing messages may contain malicious software that accesses the User’s computer for e and collect his personal information, including passwords.
8.18. Personal data – each and any information relating to an individual who is identified or can be identified, directly or indirectly by an identification number or one or more specific signs.
8.19. Processing of personal data – in any action or set of actions that can be performed in relation to personal data by automatic or other means, such as collection, recording, organization, storage, adaptation or modification, recovery, consultation, use, disclosure or transmitting, distributing, updating or combining, blocking, deleting or destroying data.
8.20. Data subject – in any individual whose personal data is processed.
8.21. Visitors– a visitor is any person who loads on his/her web browser a page, part of the Platform, or visits its various sections and pages (whether by directly entering the e-mail address in the browser or by a link from another website or resource).
8.22. Registered Users – every visitor who has made his/her registration in the platform by entering the e-mail address (and/or username) and password, by which he/ she creates a so-called profile or account.
8.23. Users-Buyers – User-Buyer is any Visitor and/ or Registered User who through the technical means of the Platform has performed (or declared the performance of) the conclusion of a Sale and Purchase Agreement with a Merchant-Seller, in order to purchase remotely offered by the last service/product in the Platform (or similar action).
8.24. Merchants-Sellers – Merchant-Seller is any person offering their services/goods through the Platform to make sales to Users-Buyers by concluding contracts from distance. In the context of these GTCs, these may be: Individuals operating as traders (sole traders, freelancers, etc.), as well as Individuals – managers and proxies of companies that work with the Platform as merchants.
III. SUBJECT OF THE CONTRACT:
Art. 9. (1) GUIDEFOREIGNER.COM LTD provides a platform for offering and buying different types of services and/or goods to the Users through its website guideforeigners.com and under “sales contract from a distance” within the meaning of Art. 45 et seq. of the Consumer Protection Act (CPA), which exercises its powers and fulfills its obligations arising under these GTCs.
(2) The products offered on the platform guideforeigners.com represent a wide range of services or goods provided by different companies, which are presented in the form of offers. A detailed description is available on the page of each offer, including content, quantity, final price of the product in Bulgarian levs with VAT included at the amount of 20 % / twenty percent/, as well as identification of the company supplier.
(3) Upon payment, each consumer-buyer, under the specified GTCs, enters into a contract with the merchant-seller, offering the specific product/service. GUIDEFOREIGNER.COM OOD is not a party to the contract between the consumer-buyer and the merchant-seller. Despite this circumstance, GUIDEFOREIGNER.COM OOD actively protects the interests of users of the site and assists in cases of received applications for refusal of already purchased service/ goods and/ or complaints.
Art. 10. When using the functionalities of the platform, the User agrees both with these GTCs and with the content of the sale from a distance contract, providing for an advance payment, accessible in a prominent place in the sales interface.
Art.11. GUIDEFOREIGNER.COM OOD undertakes to maintain the platform guideforeigners.com, ensuring and guaranteeing the observance of all rights of potential users of the platform, in compliance with the applicable national and international legislation.
Art. 12. GUIDEFOREIGNER.COM LTD is not liable in the following cases:
12.1. in the presence of damages caused as a result of improper conduct of third parties, offering their products through the platform owned by GUIDEFOREIGNER.COM LTD, or third parties, which are their subcontractors;
12.2. in case of discovered defects, inaccuracies and/or other and circumstances related to claim liability in respect of the goods/services purchased by the User through the platform, as well as in respect of inaccuracies and discrepancies in the prices previously announced on the platform;
12.3. in the event of a violation of the legislation in force in the field of intellectual property and copyright rights by merchants offering their goods/ services on the platform owned by GUIDEFOREIGNER.COM LTD;
12.4. in case of causing damages caused by other sites accessible via links placed on this site or where the user has allowed his/her account to be used by third parties and they have abused it;
12.5. in case of lack or interruption of the accessibility to the guideforeigners.com platform due to reasons beyond the control of the team of GUIDEFOREIGNER.COM LTD;
12.6. separate pages on the Platform may contain links/references/links to other (external) websites. They are part of the content published on the Platform by third parties. If you visit an external site through a link available on the Platform, the Company is not responsible for the content of this external site, for its services and functionalities, as well as for its data protection policy.
Art. 13. When using the provided access to the electronic platform guideforeigners.com and carrying out any action on the platform, User is obliged:
– to observe the provisions and all of the requirements of national legislation, European legislation, these General terms, online ethics for online commerce, rules of morality and good faith; – do not violate foreign material or moral rights, including this intellectual property and related copyrights;
– to notify immediately GUIDEFOREIGNER.COM LTD for any case of committed or discovered violation;
– to not share your email address before the confirmation of a reservation and to not transfer money outside the system platform;
– carefully check emails, which are allegedly sent by the platform guideforeigners.com, thus when receiving an email from someone (other than the email address firstname.lastname@example.org), relating to the payment or acceptance of an upcoming payment outside the platform guideforeigners.com, the User should immediately notify GUIDEFOREIGNER.COM LTD by submitting a signal by e-mail: email@example.com;
– the User undertakes to not reproduce, record, modify, delete, publish, distribute and disclose otherwise information resources published on the website of “GUIDEFOREIGNER.COM LTD;
– the User hereby declares that by accepting these GTCs and the appendices thereto, he/she is bound to adhere to them as in relations with the Administrator of the platform and in his/her relations with other users and other third parties arising in the process of working with the platform.
Art. 14. The User declares that he/she is aware of the following main content of Directive 93/13 / EC of 05.04.1993 and Directive amending (EU) 2019/2161:
(a) “unfair terms” means the contractual terms set out in Article 3;
(b) “consumer” means any natural person who, in his/ her capacity as a party to the contracts covered by the abovementioned Directive, participates for interests which are outside his/ her commercial or professional activity;
(c) “seller or supplier” means any natural or legal person who, in his/her capacity as a party to the contracts covered by the abovementioned Directive, participates in matters relating to his/ her occupation, business or profession, whether in public or private law context;
(d) in cases where a contractual clause is not individually negotiated, it shall be considered unfair where, despite the requirement of good faith, it creates to the detriment of the consumer a significant inequality between the rights and obligations arising from the contract;
(e) is not considered to be an individually negotiated clause that has been drawn up in advance and therefore the consumer has not been able to influence its content, in particular in relation to general terms and conditions.
(f) the assessment of the unfair nature of the clauses is not linked either to the main subject-matter of the contract or to the conformity of price and remuneration, on the one hand, and to the goods or services supplied, on the other, provided that those clauses are expressed in a clear and understandable language;
(g) the wording of all written contracts must be in clear and comprehensible language. When there is doubt about the meaning of a clause, it should be interpreted in a way that is user-friendly;
(i) the terms of a contract that are considered to be unlawful are not binding on consumers, but the rest of the contract remains valid where legally possible.
Art. 15. (1) For issues not settled in these General Terms and Conditions, as well as in case of conflict between the clauses of a contract concluded between Users through the use of the platform and the clauses of these General Terms and Conditions and their appendices, the clauses of the General Terms and Conditions shall prevail, unless explicitly stated otherwise.
(2) In accordance with these General Terms and Conditions, each User confirms that he/she is aware of his/her rights under the Consumer Protection Act, related to the possibility to exercise the right to withdraw from the contract before the expiration of the 14-day period from: (i) the conclusion of the contract for provision of services; or (ii) the day of receiving the goods, by sending to GUIDEFOREIGNER.COM LTD an explicit written statement of intent in free text to the email address: firstname.lastname@example.org or to guideforeigners.com/contacts/, accessible on the site guideforeigners.com.
Art. 16. GUIDEFOREIGNER.COM LTD reserves the right to unilaterally deactivate or delete user profiles, and at its sole discretion, to prohibit a further use of the platform thereof, without liability for any damages or lost profits as a result, in cases of violation by the User of these General Terms and Conditions and their appendices, violation of the above requirements and provisions of the applicable law /national and international/, in any other situation at the discretion of the owner platform GUIDEFOREIGNER.COM OOD.
IV.PROTECTION OF PERSONAL DATA OF USERS:
Art. 17. GUIDEFOREIGNER.COM LTD is obliged to take due care and to account for the protection of any personal data of the user, shared by or in connection with the use of the platform by the User, except in cases of occurred force majeure, unforeseen event or malicious actions of third parties.
Art. 18. (1) In the process of operating the platform, GUIDEFOREIGNER.COM LTD collects, stores and processes information about the Users only for the purposes, given in these GTCs, in compliance with the current legislation in the field of personal data protection.
(2) The GTCs at guideforeigners.com ensure the protection of personal data of users, it is electronic bank card transactions are carried out through intermediary online payment systems, responsible for their security. The website guideforeigners.com does not store ID cards/ bank card numbers.
(3) The provision of Personal Data is voluntary, with a view to using the services of the Platform or for the purpose of accessing them. Any refusal by the User to provide the necessary Personal Data for the use of the services of our platform is also accepted as a refusal to use the relevant services or to access them.
(4) GUIDEFOREIGNER.COM LTD applies the necessary technical and organizational measures to ensure the protection of personal data of users of the platform against unauthorized access or disclosure, alteration, accidental or unlawful destruction.
(5) The information in electronic form shall be stored on protected servers on the territory of the European Union, installed in a professionally equipped and technically maintained room for colocation of telecommunication equipment. The data transfer between the servers and the client device/browser is encrypted via HTTPS.
(6) Upon execution of purchase and sale between a User-Buyer and a Merchant-Seller, by concluding a distance contract, this action shall give rise to legal relations directly between the two parties. In the context of these legal relations and for the purpose of fulfilling the contract, the Merchant-Seller receives from the Platform partial data about the User-Buyer (Names, sometimes also Phone, Address, E-mail address – according to the specifics of the purchased service, its features, the need for advance booking and others). Thus, the Merchant has the status of Joint Controller of these data, within the meaning of the current legislation. As such, he has all the accompanying duties and responsibilities. The Company has explicitly informed the Merchant about them and has secured his consent through a
(7 ) The control body with regard to the protection of personal data is: the Commission for Personal Data Protection (CPDP).
Art. 19. By accepting these General Terms and Conditions, the User agrees to his/her personal data to be collected, stored and processed for the purposes of GUIDEFOREIGNER.COM LTD and the operation of the platform.
Art. 20. By registering in guideforeigners.com, the User gives his consent for his personal data to be for the purposes of future conclusion of a distance contract within the meaning of the CPA.
Art. 21. (1) The user-buyer agrees that upon conclusion of a contract for distance purchase, part of his/her personal data will be provided to the respective offering merchant, for the purposes of the implementation of the respective legal relations.
(2) The users of the platform are holders of the following rights:
– Right of access to their personal data;
– Right to rectification of personal data;
– Right to erasure of personal data (right to be forgotten) – in certain circumstances, such as if the user’s personal data has been processed illegally or if the user has withdrawn his consent (if the processing of personal data is based on consent) and there are no other grounds for processing, the user may request erasure of his/her data from the owner of the platform.
– Right to restrict processing;
– Right to object to the processing;
– Right to data portability – if the user’s personal data is processed by automatic means with his consent or in order to fulfill a contractual relationship with the platform, the user has the right to request the provision of personal data in a machine-readable format for transfer to another controller data.
Art. 22. By accepting these General Terms and Conditions, the Users agrees that the personal data and contacts for communication indicated by them, can be carried out, to be used by GUIDEFOREIGNER.COM LTD for sending messages and keeping correspondence about the status of legal relations arising as a result of the use of the platform guideforeigners.com.
Art. 23. The intellectual property rights over all objects of intellectual property – materials, offers, vouchers, visualizations, databases and other resources located on the platform guideforeigners.com, are subject to protection under the Copyright and Related Rights Act and/or the Marks and Geographical Indications Act and belong to or have been granted for use of GUIDEFOREIGNER.COM OOD and cannot be used by any another person, thus such actions would violate the applicable legislation in force.
Art. 24. The intellectual property rights, with regard to the text, layout and content of the offers published on the platform, belong to the merchant who published them and he/she is solely responsible for their lawful use. The Merchant- Seller declares that he/she is the copyright owner or has the right to use the relevant content, having acquired this right on a legal, contractual or other legal basis and by posting the content on the platform the rights of third parties are not infringed.
Art. 25. GUIDEFOREIGNER.COM OOD is not responsible for the control of way the User uses the information related to the services provided as the owner of the platform is not responsible for the content of the ads, including intellectual property rights to this content, as well as for the activity of the User in connection with the use of the site.
Art. 26. Each element of the structure and content of the platform, incl. design, domain name, trademark, software and systems, databases, text, images, graphics and other information constituting the object of intellectual property rights under the Copyright and Related Rights Act on Trademarks and Geographical Indications Act and the Industrial Design Act, provided for use by GUIDEFOREIGNER.COM LTD.
Art. 27. Any use, copying, reproduction, change and other similar acts of part or all copyright content on the platform of GUIDEFOREIGNER.COM OOD, without the express prior written approval of GUIDEFOREIGNER.COM OOD in its capacity of the holder of copyright rights, is prohibited and subject to sanctions in accordance with the procedure provided for in the applicable national and international legislation.
Art. 28. Each user of the platform guideforeigners.com undertakes when using the platform of GUIDEFOREIGNER.COM LTD and its functionalities to comply with the national legislation, the international law, these GTCs, conventional Internet ethics, morality and non-violation of good manners; not to harm the reputation of another and not to call for a violent change of the constitutional order, to commit a crime, to harm an individual or to incite racial, national, ethnic or religious hatred, not to preach a fascist or other anti-democratic ideology, not to affect the property or non-property legal rights and interests of third parties; to immediately notify GUIDEFOREIGNER.COM LTD of any case of committed or discovered violation; not to perform malicious actions within the meaning of these General Terms and Conditions.
Art. 29. GUIDEFOREIGNER.COM LTD reserves the right to unilaterally and without the need for prior notice suspend the access to any content on the platform, which violates the existing national legislation or these GTCs or which it considers that unduly affects the rights or legitimate interests of third parties or permissible ethical norms; prohibit, restrict or modify the provided services, as well as to approach the competent state authorities and institutions in cases where the User has violated the provisions the Bulgarian legislation and the present GTCs.
Art. 30. In the event that Users or other third parties believe that their intellectual property rights have been infringed and wish to report an established infringement of intellectual property rights related to content located on the platform guideforeigners.com, they should send a notification in writing to the following address: email@example.com, and GUIDEFOREIGNER.COM LTD, at its discretion, undertakes the actions provided for the specific case in these GTCs.
Art. 31. The following appendices are an integral part of these General Terms and Conditions:
- Work policy and principles of transparency in professional relations with business partners.
Art. 32. With the adoption of these Terms, the platform user accepts the conditions of the Appendices listed in Art. 31 above.
Art. 33. GUIDEFOREIGNER.COM LTD reserves the right to unilaterally alter and/ or supplement these GTCs and Appendices thereto, for which the User will be explicitly informed about the amendment/ supplement of the General terms and conditions.
Art. 34. By accepting these GTCs, the user-buyer declares his/ her explicit consent to pay in advance, fully or partially, the contract price under the distance sale contract concluded through this platform and based on the parameters and price of each offer.
Art. 35. In case of invalidity of any of the clauses of these General Terms and Conditions and/ or their Appendices, it shall not lead to invalidity of the contract, other clauses of it and/ or its sections. In such cases, the invalid clause will be replaced by the imperative provisions of the law or the established case-law.
Art. 36. All matters not settled by General Terms and Conditions shall be governed by the provisions of the Bulgarian legislation in the respective field.
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