GENERAL TERMS AND CONDITIONS FOR THE USE OF WEB SITE SERVICES AND MOBILE APPLICATIONS www.aerosub.bg
This document contains the terms and conditions of the contract for the use of the services provided by TRIKS LTD through the website http://aerosub.bg/ (the "General Terms and Conditions") and regulates the relations between TRIKS Ltd. and any of the users accessible through the website www.aerosub.bg services.
In the interpretation and application of these Terms and Conditions, the terms and expressions used will have the following meanings:
1.1. TRIKS Ltd. is a limited liability company, UIC BG 115612335 with headquarters and address of management BULGARIA, Plovdiv, 32, Avksentiy Veleshki str., Shop № 2, Mall Rangel Babov, e-mail: www.aerosub.bg, which provides the services subject to these General Terms and Conditions, through the portal which it administers: www.aerosub.bg; registered under the Value Added Tax Act with VAT number: BG 115612335.
1.2 www.aerosub.bg (http: // www.aerosub.bg/) is a website (portal) - a virtual shop through which USERS are provided services described in these General Terms and Conditions.
1.3. "USER" is any person who uses any of the services provided through the www.aerosub.bg website.
1.4. "User Profile" is a separate part of www.aerosub.bg, containing user information provided by him during his registration and stored by TRIKS Ltd., with access to the user profile by entering a username and password. The account allows the user to view and edit the data entered during the registration, access their personal profile, change their access password, subscribe, respectively unsubscribe, receive a newsletter, etc.
1.5. A "username" is a unique code of letters and / or digits by which the user is individualized by TRICKS Ltd.
1.6. A "password" is a user-selected code of letters and / or digits, which together with the user name individualizes the same.
1.7. "Server" is a device or a system of connected devices that either has a system software installed to perform tasks related to storing, processing, receiving, or transmitting information.
1.8. "Website" is the distinct place on the global Internet network accessible through its HTTP or HTTPS protocol URL and containing files, programs, text, sound, picture, image, electronic references or other materials and resources.
1.9. "Accidental event" is unforeseen at the time of conclusion of the contract, a circumstance of extraordinary nature, which renders its implementation objectively impossible.
1.10. "Commercial communications" are advertising or other communications that represent, directly or indirectly, the goods, services or reputation of a person engaging in commercial or artisanal activity or practicing a regulated profession.
II. SUBJECT OF THE CONTRACT
2.1. TRIKS Ltd. through the Website www.aerosub.bg provides on-line to the USER the services provided in these General Terms and Conditions (the "Services"), subject to strict compliance by the latter with the requirements set forth in these General Terms and Conditions.
2.2. Part of the Services on the Website www.aerosub.bg are provided to all USERS without the need for pre-registration. Such are, but are not limited to: accessing and using, subject to the terms of these Terms and Conditions, information resources, viewing photos, viewing an assortment menu available through the www.aerosub.bg website - funny publications, and other content posted on the Web site www.aerosub.bg; search services related to access to and automated search for data structured according to different predefined criteria or keywords specified by the USER;
2.3. Use of part of the Services on the Website www.aerosub.bg is possible only after pre-registration, creation of USER's Profile and entering of username and password. These include, but are not limited to: the "Purchase Orders" Service and "Placement Orders" consisting in the provision of courier services and delivery at an address as well as the order of goods to be taken personally by the customer a place from some of TRIKS LTD's restaurants.
III. FIELD OF APPLICATION. AGREEMENT WITH THE GENERAL CONDITIONS
3.1. These Terms and Conditions apply to the relations with the USERS who have registered with the Website www.aerosub.bg ("registered USERS"). These Terms and Conditions apply accordingly in the relations with the USERS who did not register on the website www.aerosub.bg ("unregistered USERS"), and their rights are limited to the use of the services described in item 2.2.
3.2. The text of these Terms and Conditions is available on the Internet at www.aerosub.bg in a way that allows its storage and reproduction. 3.3. In order to be able to use the services under item 2.3. of these General Terms and Conditions, the USER must register in advance by filling in the relevant online registration form, available on-line on www.aerosub.bg
3.3.1 In the process of registration, by marking in the field "I agree with TRIKS LTD Terms and Conditions and press the virtual button" Registration ", the USER expressly makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, with who declares that he / she is familiar with these Terms and Conditions, accepts them, agrees with them and undertakes to comply with them.
3.3.2 In the event of failure to provide the required data in the registration form, TRIKS Ltd has the right to refuse the registration.
3.3.3 In the event of false data being provided or non-reflection of the changes occurring in the term "TRIKS" Ltd. shall have the right to terminate or to stop immediately and without notice the provision of the Services, as well as the maintenance of its registration. In this case, the termination of the provision of the Services is considered an automatic termination of the contract.
IV. USER NAME AND PASSWORD. USER PROFILE
4.1. Upon registration, the USER specifies a username and password. If the user name is no longer in use, the USER receives the username and password that he / she has requested. Through them, the USER will gain access to his / her User Profile, as well as the opportunity to use the Services under item 2.3.
4.2. The username is a unique code of letters, numbers and characters through which the USER is individualized when using the Services under item 2.3. "Texas Gourmet" Ltd. does not check and is not responsible for the match of the username with the USER's name, whether it affects the rights of third parties and, in particular, the right to name or other personal rights, the right to a trade name trademark or other intellectual property rights.
4.3. The password is a code of letters, numbers, and characters, which together with the username serves to access a particular profile.
4.4. The USER shall be obliged not to disclose the password to third parties and to immediately notify TRIKS Ltd. in case of unauthorized access, as well as in the event of the possibility of unauthorized access. The USER is required to take all care and to take the necessary measures that are reasonably practicable in order to protect his / her password and bears full responsibility for all actions performed by him or by a third party by using them.
V. CONCLUSION OF THE CONTRACT
5.1. The agreement between the parties shall take effect from the moment of agreement reached in the manner referred to in paragraph 3.2 or 3.3.1.
5.2. The contract is concluded in the Bulgarian language.
5.3. The contract has effect: a) For unregistered USERS - until the termination of the use of the Services under item 2.2 .; b) for the registered USERS - for an indefinite period from the registration of the USER until the termination of the contract in the order provided in the present General Terms and Conditions.
VI. INTERVENTIONS WITH THIRD COUNTRIES
6.1. If necessary and at its own request, TRIKS Ltd. may request services from other legal or natural persons for whom TRIKS Ltd. can provide personal data to the users according to the needs of the business. By accepting these terms, users agree to provide the necessary information to third parties and release TRIKS Ltd from responsibility for the actions of the same third parties.
VII. RIGHTS AND OBLIGATIONS OF THE CONSUMER
7.1. The USER alone provides the necessary for the use of the provided by
TRIKS Ltd. Services client equipment (terminal devices for Internet access and related software applications) and Internet access.
7.2. The USER has the right to access on-line the Services provided through www.aerosub.bg, subject to the conditions and access requirements set by TRIKS Ltd.
7.3. THE USER is entitled at any time at his own discretion to discontinue the use of the TRICKS LTD Services provided by deactivating the provision of their User Profile or terminating their registration on the Website www.aerosub.bg respectively ceasing the use of the Services under 2.2. From the moment of termination of the registration and for the unregistered USERS - from the moment of discontinuation of the services under item 2.2., The contract between the parties is considered to be automatically terminated and TRIKS Ltd. shall stop the respective USER access to its User profile and has the right to stop access to and delete from its servers all of its User Content in accordance with paragraph 14.2. of these Terms and Conditions. Deactivating the provision of certain Services does not result in termination of the contract.
VIII. RIGHTS AND OBLIGATIONS OF TRIKS LTD
8.1 TRIKS Ltd undertakes to take due care to enable the USER to make normal use of the Services.
8.2. TRIKS Ltd has the right to send commercial messages to the USERS, including through the "Electronic Mailbox" service, in order to offer information and advertisements regarding its goods and / or services, to ask questions on various questions, to conduct inquiries and others. With the acceptance of these General Terms, the USER agrees to receive commercial communications from TRICKS Ltd.
8.3. TRIKS Ltd reserves the right to temporarily or permanently discontinue the provision of specific Services available through the Website www.aerosub.bg, by informing the USER with a message on the website.
IX. INTELLECTUAL PROPERTY
9.1. In the use of the Services subject to these Terms and Conditions, the USER has access to a variety of content and resources that are subject to copyright or other intellectual property rights of TRIKS LTD. The USER has access to the contents for personal use in accordance with these General Terms and Conditions and is not entitled to use, record, store, reproduce, alter, adapt or publicly distribute intellectual property objects that have become available to him / her during the use of the Services . Notwithstanding the above, the USER is not entitled to remove the trademark and other trademark rights of any other intellectual property right from the available materials, regardless of whether the holder of the respective rights is TRIKS LTD or another USER.
X. RESPONSIBILITY. LIMITATION OF LIABILITY
10.1. TRIKS Ltd is not responsible for failing to provide services in circumstances beyond its control - in case of force majeure, accidental events, problems in the global Internet network and in the provision of services beyond the control of TRIKS LTD, problems due of the USER'S equipment as well as in case of unauthorized access or intervention of third parties in the functioning of TRIKS's information system or servers.
10.2. By accepting these General Terms, the USER declares that he / she is aware of the possibility of any interruptions and other difficulties in the Internet connection to the Website www.aerosub.bg, which may arise regardless of the care provided by TRIKS LTD. USER declares that he will not claim any benefits from TRICKS Ltd for lost profits, suffered damage or inconvenience due to the above interruptions or difficulties of the Internet connection, including the capacity of this connection.
XI. RIGHTS OF TRIKS LTD IN CASE OF NON-PERFORMANCE OF USERS 'OBLIGATIONS
11.1. TRIKS Ltd. has the right, without notice, to deactivate the password for access to the USER's profile in case, at the discretion of TRIKS Ltd., the USER violates the present General Terms and Conditions. In such cases TRIKS Ltd. has the right to terminate the registration of the USER, to discontinue the provision of the USER of the Services under item 2.3. The agreement with the USER is deemed to be automatically terminated from the date of termination of the registration.
XII. TERMINATION AND DEPARTURE OF THE CONTRACT
12.1. Except as provided in these General Terms and Conditions, the contract between the parties shall be terminated also in the event of any of the following circumstances:
a / termination of the activity of TRIKS Ltd or termination of the maintenance of the Website www.aerosub.bg;
b) mutual consent of the parties for the termination;
c / other cases provided by law.
ХІІІ. OTHER TERMS
13.1. The parties agree that if any of the clauses in these Terms and Conditions are invalid, this will not result in the invalidity of the contract, other clauses or parts thereof. The invalid clause will be replaced by the mandatory rules of the law or established practice.
13.2. All provisions not governed by this Agreement shall be governed by the provisions of the applicable legislation of the Republic of Bulgaria.
13.3. All disputes between the parties are resolved in a spirit of understanding and goodwill. In the event that consent is not reached, any unresolved disputes arising out of, or relating to, the parties to the contract, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, and disputes to fill gaps in the contract or its adaptation to new circumstances, will be settled by the court competent in the Bulgarian legislation in Sofia.
These General Terms and Conditions are approved by the Manager of TRIKS Ltd. on April 25, 2018 and enter into force on 25.04.2018