GENERAL TERMS AND CONDITIONS OF USAGE OF THE WEBSITE
SUBJECT
Art. 1. These General Terms and Conditions govern the relationship between PEGASUS TRANSPORT EOOD, with UIC 201515902 (hereinafter referred to as “PEGASUS TRANSPORT”), as a provider of information society services and free information content through the WEBSITE: http://pegasustransport.eu/, https://www.express-eu.com/ (hereinafter referred to as “the WEBSITE”), and the visitors and users of the WEBSITE (hereinafter referred to as “USER(S)”).
SUPPLIER DETAILS
Art. 2. Information about the supplier PEGASUS TRANSPORT in accordance with the requirements of Article 4 of the E-Commerce Act:
2.1 Name of the Supplier: PEGASUS TRANSPORT EOOD
2.2 Headquarters and Registered Office. Registered office and registered address. “Bulgaria, 1407 Sofia, bul. Vitosha 66, fl.4”;
2.3 The Supplier is represented before third parties by the CEO
2.4 Address for exercising the activity: Bulgaria, 1592 Sofia, bul. Brussels 11, office building B, fl.5
2.5 Correspondence data: Bulgaria, 1592 Sofia, bul. Brussels 11, office building B, fl.5
2.6 Entry in public registers: Commercial Register of the Ministry of Justice: UIC 201515902;
2.7 Registration under the Value Added Tax Act: VAT No. BG 201515902;
2.8 E-mail address: office@express-eu.com
MAIN PROVISIONS
Art. 3. (1) The WEBSITE is an Internet page, accessible at the Internet address http://pegasustransport.eu/ , https://www.express-eu.com/ , through which USERS have the opportunity to access intellectual property objects and information resources related to PEGASUS TRANSPORT and the transport and logistics services offered by the company, including characteristics of the services offered, history and implemented projects of PEGASUS TRANSPORT, data on the management staff, financial statements of the company, etc. In addition to access to intellectual property objects and information resources, the WEBSITE enables its USERS the following:
- To use the PEGASUS TRANSPORT SERVICES INQUIRY. Using the inquiry form, USERS can enter information about the cargo they wish to transport and their personal contact details – name, email, and telephone number. PEGASUS TRANSPORT considers the request and contacts the USER, after which the parties exchange further information with a view to reaching an agreement and concluding a service contract. The request form has no binding effect on the parties and does not constitute a contract;
- Use the GENERAL CONTACT FORM to send any questions and requests to PEGASUS TRANSPORT in writing, leaving their personal contact details – name, email, and telephone number;
- To create a REGISTRATION PROFILE, through which they can access additional features such as cargo tracking, etc.;
- Where required by applicable regulations, be notified via the WEBSITE of their legal rights;
(2) The WEBSITE uses SSL SwissSign certificates, which provide effective encryption of user data during transmission to the WEBSITE’s web server, identification of the provider – PEGASUS TRANSPORT, and also authenticate the WEBSITE to protect it from phishing. By using the WEBSITE, the USER declares that he/she has read the general provisions of the SwissSign Gold CP/CPS (repository.swisssign.com) and the SwissSign Gold User Agreement with the end customer (repository.swisssign.com) and that he/she has read and agrees to them. PEGASUS TRANSPORT shall have no liability to USER in connection with the use of the SSL Certificates.
Art. 4. In the case of use of the WEBSITE by a minor, consent to these Terms and Conditions may only be given by his parent or legal representative.
Art. 5. PEGASUS TRANSPORT may refuse to provide services or to respond to the requests and inquiries of a person about whom it has information or can be reasonably assumed that he or she provides false or extraneous personal data. For the same reasons, PEGASUS TRANSPORT shall have the right not to approve requests for registration on the WEBSITE or to terminate an existing USER registration.
Art. 6. By any use of the resources of the WEBSITE, including the opening of any web page of the WEBSITE, as well as by clicking on an Electronic link from the header (home) or any other web page of the WEBSITE, the USER makes an electronic statement within the meaning of Article 2 of the Law on Electronic Document and Electronic Certification Services, by which he declares that he is familiar with these Terms and Conditions, agrees to them and undertakes to comply with them.
Art. 7. PEGASUS TRANSPORT shall have the right to place electronic references (links), advertising banners, and other forms of advertising for services offered by PEGASUS TRANSPORT or third parties anywhere on the WEBSITE, as well as references and advertising banners pointing to Internet pages outside PEGASUS TRANSPORT control.
Art. 8. The USER undertakes when using the WEBSITE:
8.1 To comply with the legislation of the Republic of Bulgaria and the European Union, these General Terms and Conditions and good morals;
8.2 To abide by intellectual property rights, the right to privacy of personal data and other property or moral rights protected by law;
8.3 Not to use, copy, or distribute the intellectual property and information resources published on the WEBSITE for any commercial purposes;
8.4 To immediately notify PEGASUS TRANSPORT of any violation of legal provisions or these Terms and Conditions committed or detected while using the WEBSITE;
8.5 Not to impersonate another person or a representative of an entity or group of people that he is not authorized to represent, or otherwise mislead PEGASUS TRANSPORT as to his identity or affiliation with a particular group of people;
8.6 Not to offer for publication and/or not to place on the WEBSITE content that is contrary to the law or good morals;
8.7 Not to upload on the WEBSITE in any way computer programs, files, and other materials that contain destructive and disruptive elements such as viruses, corrupted files, “hidden” files (such as images embedded in audio files), worms, Trojan horses or bots for scrolling, display on multiple screens and for other activities that may completely destroy the integrity or functioning of the WEBSITE or online communication;
8.8 Do not use methods that result in the forced loading of content unwanted by Internet users (“pop-ups”, “blind links” and the like);
8.9 Do not carry out electronic attacks of any kind on the WEBSITE and any related information resources and data of registered users;
8.10 Do not perform any actions that could harm PEGASUS TRANSPORT or third parties;
REGISTRATION IN THE WEBSITE
Art. 9. (1) In order to create a profile on the WEBSITE, USERS shall provide their personal identification and contact details – name, email, and telephone number, as well as a password.
(2) When registering, the USER undertakes to provide correct and up-to-date data. The USER shall promptly update the data provided in the registration in the event of a change.
Art. 10. (1) After confirming their email address, USERS will be able to log in to their registration profile by filling in their email address and password.
(2) USERS may not provide their account access details to others. Any unauthorized use of the USER’s account or other breaches of security must be reported immediately to PEGASUS TRANSPORT.
Art. 11. Registration on the WEBSITE gives USERS access to additional functions related to the services provided by PEGASUS TRANSPORT.
Art. 12. (1) A registered USER may terminate his/her registration at any time, whereby the personal data associated with the account may be destroyed.
(2) Termination of registration may be done by sending a free text message to PEGASUS TRANSPORT or by means of an automated request on the WEBSITE, if available at the time.
(3) PEGASUS TRANSPORT has the right to terminate an existing registration of a USER when the latter has violated these General Terms and Conditions, the law, or good morals by its actions.
INTELLECTUAL PROPERTY
Art. 13. The intellectual property rights in all elements of the content of the WEBSITE, whether the design and the software program that make up the WEBSITE itself, or all intellectual property objects and information resources placed on the WEBSITE, including designs, software programs, databases, text, drawings, graphics, sketches, photographs, video files, and other information or elements, are the property of PEGASUS TRANSPORT or PEGASUS TRANSPORT has the right to use them.
Art. 14. The use of the objects referred to in the preceding Article, including but not limited to copying, modification, reproduction, distribution, or any other use, without the express written consent of PEGASUS TRANSPORT or of the respective holder of the intellectual property rights, except in the cases expressly provided for by law, is prohibited and constitutes an infringement of PEGASUS TRANSPORT’s intellectual property rights or those of their respective holder, in the event that the latter is other than PEGASUS TRANSPORT.
Art. 15. In the event that a USER believes that intellectual property rights have been infringed in connection with objects posted on the WEBSITE and wishes to send a signal of an established infringement of intellectual property rights, he should send a notification addressed to PEGASUS TRANSPORT.
Art. 16. The WEBSITE may contain names and brands of products that are or may be trademarks owned by PEGASUS TRANSPORT or third parties. Access to the WEBSITE shall not be understood and/or construed as granting a license or right to use any such trademark without the prior written consent of PEGASUS TRANSPORT or the relevant third-party owner of the intellectual property in question.
RESPONSIBILITY
Art. 17. The USER shall indemnify PEGASUS TRANSPORT and all third parties for the damages and loss of profits suffered by them, including penalties, attorneys’ fees, and other costs incurred, as a result of claims brought by and/or damages paid to third parties in connection with violations committed by the USER in the use of the WEBSITE, which have caused damage to PEGASUS TRANSPORT.
Art. 18. The parents, guardians, or custodians of a person under the age of majority shall be liable for any damage caused by the same to PEGASUS TRANSPORT and to third parties in the use of the WEBSITE.
Art. 19. PEGASUS TRANSPORT, notwithstanding the care it takes for the normal functioning of the WEBSITE, shall not be liable in cases where the functioning of the WEBSITE is impeded for reasons beyond PEGASUS TRANSPORT’s control. The USER declares that the use of the WEBSITE is entirely at his/her own risk and responsibility and the parties agree that PEGASUS TRANSPORT shall not be liable for any damages or loss of profits resulting from the termination, suspension, or limitation of the functionality of the WEBSITE, or for deletion, modification, loss, inaccuracy, or incompleteness of the information resources posted on the WEBSITE unless caused by PEGASUS TRANSPORT’s gross negligence.
Art. 20. PEGASUS TRANSPORT shall not be held liable when the functioning of the WEBSITE is hindered due to force majeure, accidental events beyond PEGASUS TRANSPORT’s control, problems in the global Internet network, as well as due to problems caused by the USER’s equipment, and also in the event of unauthorized access or intervention of third parties in the functioning of the servers on which the WEBSITE is hosted.
Art. 21. (1) PEGASUS TRANSPORT shall not be held liable for the actions of the USER that are contrary to the law and to good morals. PEGASUS TRANSPORT shall be entitled to seek recourse from the USER in the event of damages and/or financial penalties suffered under the preceding sentence.
(2) PEGASUS TRANSPORT shall have the right at any time and without prior notice to terminate the registration of the USER, to suspend access to and/or delete from its servers any content located on the WEBSITE by the USER, to suspend, restrict or modify the services provided to the USER, as well as to refer to the competent state authorities when it deems that the USER’s behaviour in using the WEBSITE contravenes the applicable Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties.
Art. 22. Insofar as it does not have the objective possibility and obligation and does not control the Internet pages and resources made accessible through the Electronic links and advertising banners placed on the WEBSITE (to pages outside the control of PEGASUS TRANSPORT), PEGASUS TRANSPORT is not responsible for the accuracy, legality or unlawful nature of the content, services or materials found on said Internet pages. PEGASUS TRANSPORT shall not be liable for any damages or lost profits arising from the use of, access to, or inaccuracy of such materials and content.
DATA PROTECTION
(1) PEGASUS TRANSPORT shall carry out its activities in accordance with the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
(2) The WEBSITE contains a Privacy Policy, which provides detailed information on the management and security of personal data in the activities of PEGASUS TRANSPORT.
Art. 24. PEGASUS TRANSPORT shall not be liable for and shall not indemnify any person whose personal data is used or made available by another person in the course of using the WEBSITE, whether or not the person concerned has consented thereto.
AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 25. (1) These General Terms and Conditions may be amended by PEGASUS TRANSPORT, for which PEGASUS TRANSPORT will notify in an appropriate manner any USER of the WEBSITE who has registered.
(2) PEGASUS TRANSPORT and the USER agree that any amendment or modification of these Terms and Conditions shall be effective against the registered USER upon express notice by PEGASUS TRANSPORT and unless the USER states within the 14-day period provided that it rejects them.
Art. 26. PEGASUS TRANSPORT publishes these General Terms and Conditions at http://pegasustransport.eu/ , https://www.express-eu.com/ together with all amendments and modifications thereto.
FINAL PROVISIONS
Art. 27. The invalidity of any provision of these General Terms and Conditions shall not invalidate the General Terms and Conditions as a whole. The mandatory provisions of the applicable law shall apply in place of the invalid provisions.
Art. 28. Bulgarian law shall apply to matters not covered by these Terms and Conditions.
