CLEVERTAXI application Terms and Conditions
2.1. The terms further used will have the following meaning:
2.2. CLIENT – Any person with full legal capacity to access the Application, being interested in goods and people transport services offered by Carriers;
2.3. CARRIER – Any legal entity of which main activity is transport of goods and people, creating an account on the Application, proposing transportation offers and aiming conclusion of transport contracts with CLIENTS through the Application;
2.4. CLEVER TECH – S.C. Clever Tech S.R.L., Romanian legal entity with registered office in Bucharest, 1 Aleea Piatra Mare, 2nd District, having Trade Registry order no J40/10163/2011, Sole Registration Code 29018871, IBAN account: RO60INGB0000999902616212, opened with ING Bank Unirii Office;
2.5. SERVICE – services offered by Carriers through the Application;
2.6. ANNOUNCEMENT – request made by the Client by which this one requires o transport offer from the Carriers;
2.7. ACOUNT – method of registration of Carriers / Clients into the Application, means through which they can submit offers or requests for transportation.
2.8. APPLICATION - supply and demand meeting platform on transport services
2.9. TRANSACTIONAL NOTIFICATION - notification in alert form (push notification) / sms / phone on the Application operation method or in connection with the application
2.10. ADVERTISING NOTIFICATION - notification in alert form (push notification) / sms / phone on the promotions conducted by Clever Tech or their partners
2.11. ETA - roughly estimating the time needed for the driver to reach the location of the order made by the client. This estimation is influenced by factors such as distance, traffic conditions, etc..
2.12. CANCELLATION POLICY: the client is entitled to cancel the order without any pecuniary counter performance before the arrival of the car. This policy only applies in Israel
3. By your agreement on these Terms and Conditions, you represent and warrant that you are 18 years old and having full exercise capacity or, in the case of a legal entity, you are a company registered and operating under the laws of Romania and your representatives are validly authorized to express your legal agreement on accessing, visiting or using the Application in any other way.
4. Clever Tech reserves the right to unilaterally modify or update these Terms and Conditions at any time. You can access the Terms and Conditions at any time in the Terms and Conditions section of the Application.
5.1 Creation of an account on the Application or failure to remove a pre-existing account constitutes your unconditional agreement on the Application Terms and Conditions. If you do not agree to the Application Terms and Conditions, please request us in writing for deletion of the already created account or not to register an account on the Application;
5.2 Creation of an account on the Application or failure to remove a pre-existing account constitutes your unconditional agreement on the storage and processing of personal data under the attached conditions called 'Personal Data', as well as on receiving notifications or transactional advertising.
6. The Application purpose consists in brokering the conclusion of transport contracts between Clients and Carriers. Any use of the Application for other purposes is not allowed;
7. The Application operates on any device (phone or tablet) with Android, iOS operating system, Windows Phone and Blackberry and satisfying the following conditions:
8. Clever Taxi Application is compatible with any of the mobile networks with 3G or 4G mobile data connection
9. Clients who wish to use the Application shall create an Application Account, providing the following information:
a. Identification data
b. Contact details as required by the Application;
c. Bank account and the bank it is open with for card payments;
d. Other information requested during Account registration;
10. There are not allowed:
11. Violation of any of these rules will lead to civil or criminal liability. Clever Tech will investigate the facts involving such violations, cooperating with the authorities to prevent or control such violations.
CLEVER TECH’S RIGHTS AN OBLIGATIONS
12. Clever Tech undertakes to publish all announcements submitted by the Client through the Application, which comply with the provisions / conditions imposed by these Terms and Conditions.
13. Clever Tech undertakes to remedy, as soon as possible, any disruptions complained about the operation of the Application or any discrepancies between the data provided in the announcement by the Client and data published on Application by Clever Tech, except for those inconsistencies raised by Clients which are due to the fact that Clever Tech has partially changed the Announcement so that it meets the conditions imposed by this document in order to be kept posted on the Application.
14. Clever Tech will provide a high quality of the technical platform services, maintaining a minimum monthly average uptime of 99.8%.
15. Clever Tech has the obligation to store and not to disclose to third parties the personal data provided by the client.
16. Clever Tech is not liable to the user, to any third person or entity or institution for modification, suspension or interruption of the services available through the site.
17. Clever Tech may change at any time the contents and conditions of use of the site. New conditions become valid when they are made public on this site and they are not retroactive.
18. Clever Tech is not responsible for damage in the event of force majeure (earthquake, fire etc).
CLIENT’S RIGHTS AN OBLIGATIONS
19. The Client has the right to fully benefit from the Services, as long as a violation of the Terms and Conditions is not found.
20. The Client assumes the responsibility for the content of published announcements and declares that they correspond to the real situation of the package to be transported.
21. The Client is directly responsible for the failure to fulfill the transport service due to his own fault, including, without limitation, mentioning the incorrect address of where it wants to begin transport from.
22. In addition to information related to its own Announcement, the Client is strictly prohibited to take any information on the Application in order to completely or partially republish it in any form, without written consent of Clever Tech in this regard.
23. There are considered violations of the terms and conditions on Application utilization the following actions:
These violations trigger the Client's account suspension for a period of 24 hours.
24. Depending on the territory, the Client may use the Cancellation Policy (cancelation).
25. The Client has the obligation to pay the counter value of the rendered service upon the completion of the travel / arrival at destination.
26. The entire content of the Application including, but not limited to text, pictures, graphics, computer programs and any other data and applications, are owned by Clever Tech and / or its partners and they are protected under the Copyright Act No. 8/1996 as amended, as well as by all other laws, including but not limited to applicable laws, on intellectual and industrial property rights.
27. Considering the provisions of Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended by Law 102/2005, Clever Tech shall only manage the data published on the Application for specified purposes, the personal data the Clients / Carriers provide upon Application accessing and / or filling in the forms available on the Application. This provision is complemented by the "Processing of personal data" Appendix available on the website www.clevertaxi.com.
28. By filling in the fields in the online registration forms the users agree with the personal data they register to be entered the Clever Taxi database and to receive messages on products and services, promotions, contests or other editorial and marketing actions future conducted by Clever Tech and its partners agreed.
29. The user is entirely responsible for maintaining the confidentiality of the password associated to Application’s services access, as logging conditional.
APPLICABLE LAW. LITIGATIONS
30. The provisions of these Terms and Conditions are governed by and subject to the Romanian legal provisions in force.
31. The individuals further using the application will try to amicably settle any disputes arising as a result of using the Application.
32. Any dispute arising in connection with the Application’s Terms and Conditions shall be settled by the competent courts of Bucharest.
33. By using the application, the Client declares that it understands that the services provided by CLEVER TECH through Clever Taxi Application do not fall under the provisions of Article 6 lit. f of Law 38/2003.