SUBJECT
Art. 1.: These General Terms and Conditions govern the relations between ” Proxima BG ” LTD. , with UIC 131085505 ( hereinafter referred to as ” PROXIMA BG ” ) , as a provider of information society services and free information content through the website with the address https://proxima-bg.com/ (hereinafter referred to as the “SITE”), and the visitors and users of the SITE (hereinafter referred to as the “USER/S”).
SUPPLIER DATA
Art. 2.: Information about the provider PROXIMA BG in accordance with the requirements of Art. 4 of the Electronic Commerce Act:
- Name of the Supplier: ” PROXIMA BG ” LTD.
- Headquarters and management address: 1404 Sofia, Gotse Delchev 102, entr. Yes , 105.
- Governing body: Governor
- The Supplier is represented before third parties by: Manager.
- Address for exercising the activity: 1404 Sofia, Gotse Delchev 102, entrance D, apt. 105.
- Correspondence details:
Phone: +359 884 177 636
email: office@proxima-bg.com - Entry in public registers: Commercial Register of AB at the Ministry of Justice: UIC 131085505;
- Registration under the Value Added Tax Act: VAT No. BG131085505.
- Email address: office@proxima-bg.com.
MAIN PROVISIONS
Art. 3.: THE SITE is a website accessible at the Internet address https://proxima-bg.com/, through which USERS have the opportunity to access intellectual property objects and information resources related to PROXIMA BG and the transport and logistics services offered by the company, including: characteristics of the services offered, history and implemented projects of PROXIMA BG , data on the management team etc. In addition to access to intellectual property objects and information resources, the SITE enables its USERS to do the following:
- To learn about the activities of PROXIMA BG and contact us by phone or e-mail.
Phone: +359 884 177 636
email: office@proxima-bg.com - To use REQUEST FORM FOR TRANSPORT AND LOGISTICS SERVICES AT PROXIMA BG . Through the request form, USERS can enter information about the cargo they wish to transport using the services of PROXIMA BG, as well as their personal contact details – name, email and phone number. PROXIMA BG reviews the request and contacts the USER, after which the parties exchange additional information with a view to reaching an agreement and concluding a service contract. The inquiry form is not binding on the parties and does not constitute a contract.
- When applicable regulations require it, be notified through the SITE of their legal rights.
Art. 4.: When using the SITE by a minor, consent to these General Terms and Conditions may only be given by his/her parent or legal representative.
Art. 5.: PROXIMA BG may refuse to provide services or respond to requests and inquiries from a person about whom there is information or a reasonable assumption can be made that he or she is providing false or unauthorized personal data.
Art. 6.: With each use of the resources of the SITE, including the opening of any Internet page from the SITE, as well as by clicking on an Electronic Link from the title (home) or any other Internet page of the SITE, the USER makes an electronic statement within the meaning of Art. 2 of the Law on Electronic Documents and Electronic Certification Services, by which he declares that he is familiar with these General Terms and Conditions, agrees with them and undertakes to comply with them.
Art. 7.: PROXIMA BG has the right to place electronic references (links), advertising banners and other forms of advertising for services offered by PROXIMA BG or third parties, as well as references and advertising banners pointing to Internet pages located outside the control of PROXIMA BG, anywhere on the SITE.
Art. 8.: When using the SITE, the USER undertakes to:
- To comply with the legislation of the Republic of Bulgaria and the European Union, these General Terms and Conditions and good morals;
- Not to violate another’s intellectual property rights, the right to privacy of personal data and other property or non-property rights protected by law;
- Not to use, copy and distribute the intellectual property objects and information resources published on the SITE for any commercial purposes;
- To immediately notify PROXIMA BG of any committed or discovered violation of legal provisions or these General Terms and Conditions when using the SITE;
- Not to impersonate another person or a representative of a legal entity or group of people that he is not authorized to represent, or otherwise mislead PROXIMA BG regarding his identity or affiliation with a particular group of people;
- Not to offer for publication and/or not to place on the SITE content that is contrary to the law or good morals;
- Not to upload to the SITE in any way any 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, displaying multiple screens and for other activities that may completely destroy the integrity or functioning of the website or online communication;
- Not to use methods leading to the forced loading of content unwanted by Internet users (“pop-ups”, “blind links” and the like);
- Not to carry out electronic attacks of any kind on the SITE and all related information resources and data of registered users;
- Not to perform any actions that could harm PROXIMA BG or third parties.
INTELLECTUAL PROPERTY
Art. 9.: The intellectual property rights over all elements of the content of the SITE, regardless of whether it concerns the design and software program that make up the SITE’s Internet page itself, or all intellectual property objects and information resources placed on the SITE’s Internet page, including design, software programs, databases, text, drawings, graphics, sketches, photos, video files and other information or elements, are the property of PROXIMA BG or PROXIMA BG has the right to use them.
Art. 10.: The use of the objects referred to in the previous article, including, but not limited to: copying, modification, reproduction, distribution or any other type of use, without the express written consent of PROXIMA BG or the relevant holder of intellectual property rights, except in cases expressly specified in the law, is prohibited and constitutes a violation of PROXIMA BG’s intellectual property rights or those of their relevant holder, if different from PROXIMA BG.
Art. 11.: In case a USER believes that intellectual property rights have been violated in connection with objects posted on the SITE and wishes to report an established violation of intellectual property rights, he should send a notification addressed to PROXIMA BG.
Art. 12.: THE SITE may contain names and brands of products that are or may be trademarks owned by PROXIMA BG or third parties. Access to the SITE should not be understood and/or interpreted as granting a license or right to use any such trademark without the prior written consent of PROXIMA BG or the relevant third party – owner of the intellectual property in question.
RESPONSIBILITY
Art. 13.: The USER is obliged to compensate PROXIMA BG and all third parties for the damages suffered by them and lost profits, including for paid property sanctions, attorney’s fees and other expenses, as a result of claims filed by and/or compensation paid to third parties, in connection with violations committed by the USER when using the SITE, which resulted in damages for PROXIMA BG.
Art. 14.: Parents exercising parental rights, guardians or custodians of a minor are liable for all damages caused by the same to PROXIMA BG and third parties when using the SITE.
Art. 15.: PROXIMA BG , regardless of the care it takes for the normal functioning of the SITE, is not responsible in cases where the functioning of the SITE is hindered due to reasons beyond the control of PROXIMA BG . The USER declares that the use of the SITE is entirely at his own risk and responsibility, and the parties agree that PROXIMA BG is not responsible for any damages or lost profits that may occur as a result of the termination, suspension, change or limitation of the functionalities of the SITE, as well as in the event of deletion, modification, loss, unreliability, inaccuracy or incompleteness of the information resources posted on the SITE.
Art. 16.: PROXIMA BG is not responsible when the functioning of the SITE is hindered due to force majeure, random events beyond the control of PROXIMA BG , problems in the global Internet network, as well as due to problems due to the USER’s equipment, as well as in the event of unauthorized access or intervention by third parties in the functioning of the servers on which the SITE is hosted.
Art. 17. (1): PROXIMA BG is not responsible for the actions of the USER that are contrary to the law and good morals. PROXIMA BG has the right to seek recourse liability from the USER in cases of damages and/or property sanctions under the previous sentence.
(2): PROXIMA BG has the right at any time and without prior notice to suspend access to and/or delete from its servers any content placed on the SITE by a USER, to suspend, limit or change the services provided to the USER, as well as to notify the competent state authorities when it deems that the USER’s behavior when using the SITE contradicts the current Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties.
Art. 18.: To the extent that 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 SITE (to pages beyond the control of PROXIMA BG ), PROXIMA BG is not responsible for the accuracy, legality or illegality of the content, services or materials located on the aforementioned Internet pages. PROXIMA BG is not responsible for any damages suffered and lost profits resulting from the use, access to or unreliability of these materials and content.
PROTECTION OF PERSONAL DATA
Art. 19. (1): PROXIMA BG carries 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 individuals with regard to the processing of personal data and on the free movement of such data.
(2): The SITE contains a Privacy Policy, which provides detailed information regarding the management and security of personal data in the activities of PROXIMA BG.
Art. 20.: PROXIMA BG is not liable and does not owe compensation to a person whose personal data has been used or made available by another person when using the SITE, regardless of whether the relevant person has consented to this or not.
AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21.: These General Terms and Conditions may be amended by PROXIMA BG at any time and without prior notice.
Art. 22.: PROXIMA BG publishes these General Terms and Conditions at https://proxima-bg.com/ along with all amendments and supplements to them.
FINAL PROVISIONS
Art. 23.: The possible invalidity of any of the provisions of these General Terms and Conditions shall not result in the invalidity of the General Terms and Conditions as a whole. In place of the invalid provisions, the mandatory provisions of the applicable legislation shall apply.
Art. 24.: Bulgarian legislation shall apply to any issues not settled in these General Terms and Conditions.