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GENERAL TERMS AND CONDITIONS of Borosport company for the use of mobile application MY BOROVETS.
1.1. In these General Terms and Conditions the words and the phrases including when they are used with an article or/and in plural shall have the meaning as specified in Section III below.
1.2. The present General Terms and Conditions provide for the rules regulating the use of the mobile application My Borovets and the integrated online platform for the reload of lift passes as well as the Services provided through them.
1.3. The General terms and Conditions shall automatically apply to all contracts with persons who use the mobile application.
1.4. By posting them in the application Borosport AD ensures that the General Terms and Conditions are public, accessible and up to date.
Business name (company): BOROSPORT AD
Company ID number (EIC): 122002603
VAT number: BG122002603
Headquarters: Borovets resort
Contact Phone: 0889 607 000
E-mail address: firstname.lastname@example.org
hereinafter referred to as “Provider” or “Borosport”
а) is holder of the property rights for the mobile application My Borovest and the integrated online platform
b) Is administrator of Personal data as per the provisions of the applicable Law.
Mobile application shall mean a computer program created to operate on mobile devices;
General Terms and Conditions shall mean the present General Terms and Conditions and their applications as well as all subsequent amendments to them which have been made public in the mobile application My Borovets;
User shall mean any physical person who uses the mobile application and the Services and the resources provided through it;
User content shall mean any data, information, pictures, which are available to the User on the mobile application and the integrated platform;
User profile shall mean a dedicated part in the mobile application which contains Personal data about the User as well as a user content which have been provided by the User in the registration process and has been stored by the Provider;
Service/s shall mean to provide access to and the usage of the functionalities of the mobile application, as defined in item 4.3 including the creation and the use of a user profile and access to information on businesses and deals.
Commercial messages shall mean ads or other messages representing directly or indirectly the goods, the Services or the good standing of a person who is performing a trade or crafts activity or performing a regulated profession.
Third persons shall mean physical or legal persons registered as businesses and performing a business activity who, through the mobile application, may offer to the Users (only if the Users have expressly accepted that their data be used for direct marketing) information for the services and goods provided by them.
„Push-notifications“ shall mean a commercial or other message or reference sent to the users by third persons -businesses via the mobile application.
Global positioning shall mean the possibility to receive the location of the User via the global satellite positioning service GPSQ GLONASS or other method – WiFi, Bluetooth. The geolocation service is operational if the respective module is available and active on the mobile device of the User and the global positioning has been permitted for the mobile application.
Barcode shall mean a matrix of black&white elements encoding symbolic data in a machine readable format which, by scanning with the mobile device camera, refer to a certain content.
Personal data shall mean data such as: mobile phone, first and family name, e-mail address and others which have been provided by the User.
4.1. The mobile application "My Borovets" provides access to the integrated online platform dedicated for online reloading of lift passes. The application has been created for each of the 2 most common operation systems iOS (Apple) and Android (Google). The purpose of the mobile application is to provide information on winter conditions in the resort, entertainment, news, events and useful contacts in Borovets resort, to provide a platform for online reloading of lift passes and booking of ski services.
4.2. The downloading and the use of the mobile application "My Borovets" is free of charge.
4.3. The provider, through the mobile application, shall provide to the User the following Services under the strict observation by the latter of the terms and rules set in the present General Terms and Conditions:
4.3.1. Providing information about open lift facilities and ski slopes, snow cover, avalanche forecast and events in Borovets ski zone.
4.3.2. Weather forecast by www.snow-forecast.com
4.3.3. Platform for online reloading of lift passes.
4.3.4 Platform for online booking of ski services - ski/snowboard school and equipment rental.
4.3.5. Provision of commercial messages, information, news, deals, contacts and addresses of businesses.
4.4. The present General Terms and Conditions shall apply to the relations between the Provider and the Users who have created their User profile in the application.
4.5. So as to able to use the Services in the online platforms provided by the Provider as in art. 4.3.3 и 4.3.4 the User shall have to register in advance by filling in an online registration form which will become automatically accessible after the application has been activated.
4.6. During the registration process, by clicking on the “Activation” tab the User shall be deemed to have made an express electronic statement as per the provisions of the Law for the Electronic Document and Electronic Signature and by doing so he/she states to have read and understood the present General Terms and Conditions, accepts them, agrees with them and binds him/herself to observe them. The User is free to choose whether to give their express agreement that their Personal data be processed by the Provider for marketing purposes.
4.7. After the registration has been completed the User shall be given access to the Services. In the process of filling the registration form the User shall have to provide personal data which he/she agrees to be collected, processed, stored and organized by the Provider for the purposes of the provision of the Services under item 4.3 and the use of the mobile application. By agreeing with these General Terms and Conditions the User guarantees that the Personal data provided in the registration process is true, complete and accurate and that should any change in this data occur the User shall update it in due time.
4.8. The User registration system allows errors made in the process of entering the information to be corrected but only before the User makes the statement for the conclusion of the contract. Should another user have already registered in the mobile application under the requested name the application shall not allow the registration of two or more users under the same user name.
4.9. Any provision of inaccurate data or any misuse of the registration form gives the right to the Provider to deny the registration.
4.10. Providing inaccurate data or failing to update with changes which have occurred in User’s Personal data gives the Provider the right to terminate or cancel immediately and without notice the provision of the Services as well as the support of the respective registration. In any such case the ending of the provision of the Services shall be deemed to be an automatic termination of the contract between the parties.
5.1. The contract between the parties shall generate action as from the moment an agreement is reached which is right after the registration and/or the activation of the application which requires the express acceptance and provision of consent with the present General terms and Conditions and the Privacy Policies of the Provider.
5.2. The contract shall be made in Bulgarian language and the present General Terms and Conditions represent its integral text.
5.3. The contract shall be illimited in time with initial date - the date of the registration of the User in the mobile application until the termination of the contract as stipulated under the present General terms and Conditions.
6.1. The registration of each individual user shall create a personal User profile through which the User may use the Services specified in items 4.3.3 and 4.3.4.
6.2. Each User through his/her User profile may receive Commercial messages if they have agreed that their data be used for direct marketing – the so-called Push notifications.
6.3. In the process of registration the User submits Personal data as detailed in Section III and the non-provision of this information shall mean that the Provider shall refuse the registration. The Provider shall have no obligation to verify and shall not be held liable for any coincidence of names and telephone numbers, as well as in the event any such coincidence affects the rights of any third parties and more specifically the right to a name or other personal rights, the right to company name, trademark rights or other intellectual property rights.
6.4. Each User may have only one active User profile from one mobile number.
6.5.The Provider shall make use of the following measures for detection and correction of errors and technical protection of the digital content: SSL encrypting, protected protocols for data exchange such as HTTPS, SSH etc.
6.6. The User shall have no right to create a User profile under a fake name, another person’s mobile umber or a combination of his/her personal name and another person’s mobile umber. The Provider shall have the right to deny registration to a person who uses inaccurate or other peoples’ data.
7.1. The end devices for Internet access and the respective software applications as well as Internet access needed for the use of the Services provided by the Provider (the Internet access is a paid service for which the User shall owe amounts to the respective Internet provider) shall be provided by the User by their own means.
7.2. The User shall have the right to access the Services provided through the mobile application only if they abide by the conditions for access and the requirements set by the Provider.
7.3. Each registered User, through their telephone number and names shall have the right to access to his/her User profile.
7.4. In using the Services provided by the Provider the User shall not load on the platform of the application, shall not store on servers controlled by the Provider and shall not make public in any way whatsoever to third parties any User content- information, data, text, messages as well as any other material or electronic references to materials which are in breach with Bulgarian Law, the applicable foreign Laws, the present General terms and Conditions, the Internet ethics, the rules of good manners and common decency as well as any confidential information or content – subject to intellectual property of third persons unless if they have the consent of the legal holder of the respective personal data or the respective property right;
7.5. In using the Services provided by the Provider the User shall:
а. Withhold from acting in an abusive manner as understood under the present General Terms and Conditions, i.e. actions or inactions which are in breach of the Internet ethics or which are detrimental to persons connected to the Internet or associated networks including but not limited to sending unwanted mail (SPAM, JUNK MAIL), channel flooding (FLOOD), gaining access to resources by using other people’s rights and passes, using flaws in the system for personal benefit or access to information (HACK), actions which may be qualified as industrial espionage or sabotage, damage or destruction of systems or information massifs (CRACK), send “Trojan horses” or generate the installation of computer viruses or systems for remote control, perturbation of the normal operation of other Internet users and the associated networks as well as any other action which may be qualified as a felony or an administrative violation under the provisions of Bulgarian Law or any foreign applicable Law.
b. to notify without any delay the Provider about any case of any violation which has been made or discovered in the use of the Services;
c. not to present him/herself as another person;
d. Not to use methods leading to a forced loading of unwanted content by other Internet users ("pop-up", "blind link" or others).
7.6. The User may at any time end at their own discretion the use of the Services provided by the Provider by cancelling their registration. As from the moment of the cancellation of the registration the contract between the parties shall be deemed to be automatically terminated and the Provider shall cancel the access of the respective User to their User profile and shall have the right to end the access and to erase from the servers under their control all the User content entered by the respective User. By erasing the mobile application on the respective mobile device the contract between the parties shall not be terminated. The User shall keep his/her user profile and may use the Services of the mobile application from another mobile device.
7.7. The User may access and use all and any content made public on the mobile application including the User content only for personal use with non-commercial purposes and provided they abide by the requirements of the present General Terms and Conditions.
7.8. The User shall not perform or try to gain unauthorized access to the Services provided by the mobile application by diverting or using other people’s Personal data and mobile numbers or any other methods and means, shall not bypass, damage or in any other way disturb the normal operation of the technical or software modules of the mobile application, which prevent or limit the access to others e-mail boxes, administrative panels, computer systems and networks relating to the provided Services.
8.1. The Provider shall not be liable in connection to the purposes and the activity of the User in relation to the use of the Services as well as to the kind and type of the User content. The provider shall have no obligation to monitor the information stored on the servers under Provider’s control or the information made available at the provision of the Services, nor shall they search for facts and circumstances which may indicate an illicit activity by the User through the use of the Services.
8.2. The Provider shall have the right to post on each page of the mobile application, including in the User Profiles, electronic references, commercial banners and other advertising forms for goods and Services offered by the Provider or by third parties- businesses as well as electronic references and commercial banners pointing to applications which are beyond the control of the Provider. The Provider shall not be liable for the content, the accuracy or the lawfulness of any such Internet pages or resources and for Services or resources which have been made known to the User in the process of using the Services of the mobile application.
8.3. Subject to User’s consent that his/her personal data be used for direct marketing the Provider shall have the right to send commercial messages aiming at offering information and advertising for goods and Services offered by Third persons – businesses, to make inquiries on diverse topics, to conduct polls etc.
8.4. The Provider shall have the right but not the obligation, at their own discretion and without prior notice to suspend the access and/or to delete User content in the event any such User content is in breach of the provisions of the present General terms and Conditions.
8.5. The Provider shall not be bound to suspend the access to and/or to delete User content posted in the mobile application at the request of the User who had posted it.
8.6. The Provider reserves the right to suspend – temporarily or permanently – the provision of any specific Services accessible from the mobile application.
8.7. The Provider shall have the right to suspend, limit or change the Services provided to the User as well to inform the competent State authorities in the event the User’s behavior is in violation with the provisions of the existing Bulgarian legislation, the present general Terms and Conditions and the legal interest of any third parties.
8.9. The Provider shall have the right to process and store the information and the personal data provided by the User for the period of validity the contract as well as for a five-year period after its ending.
8.8. The Provider shall have the right, upon competent authorities’ order concerning any User content, to suspend the access to any such User content with no prior notice or to undertake other steps in accordance with the orders received. In such case the Provider shall have the right to cancel the User’s registration, to suspend the provision to the User of the Services and to erase on the servers under Provider’s control all of the User’s content stored on them. The contract with the User shall be deemed automatically ended as from the date of the cancellation of his/her registration.
8.9. In the above mentioned cases the Provider shall not be liable for any damages or losses suffered by the User or third parties which may have occurred as a result of the ending, the change or the limitation of the Services, the termination of the contract or the provision of information or the execution of the orders of the competent State authorities.
9.1. The contract between the Provider and the Users shall be terminated:
a. With the cancellation of the registration by the respective User according to the instructions of the application. The cancellation of the User’s registration may be made unilaterally by the Provider in the event of mischievous use of the mobile application by the User.
b. in other cases stipulated in the present General terms and Conditions;
c. in the event of cessation of business by the Provider or the ending of the mobile application; the Provider closes its business or stops supporting the mobile application
d. in other cases if required by the Law;
9.2. Should the contract between the parties be terminated independently of the reason the Provider shall have the right to suspend without delay the access of the respective User to their User profile, to cancel their registration and to erase from the servers under Provider’s control all of the User content stored on them under the provisions of the applicable Law. In the event of termination of the contract the Provider shall not be liable for any damages or losses suffered by the user or any third parties occurred as a result of the ending of the access of the User to their User profile, the erasing of the User content stored by the User on the servers controlled by the Provider.
9.3. The deinstallation of the mobile application on the respective mobile device shall not cancel the contract between the parties. The User shall keep their User Profile and may use it on another mobile device or if they install the application a second time.
10.1. The General Terms and Conditions may be updated or amended at any time by the Provider without any special notice to the User being required to this effect. The Provider shall inform all of the Users about all and any changes – amendments and/or updates - by posting the respective information on the mobile application. The Provider shall not be held liable if the User have failed to check with the latest updates of the General Terms and Conditions posted on the application which, unless otherwise specified, shall enter in force on the day of their posting on the mobile application. Should any User disagree with any specific changes to the General Terms and Conditions the latter may share this disagreement by sending a message to the Provider informing them that he/she rejects the changes which shall result in the automatic cancellation of the contract between the User and the Provider for the use of the Services provided through the mobile application. The Provider shall provide full access to the General Terms and Conditions to their Users in the Settings menu, section General Terms and Conditions in the mobile application.
11.1 The Provider shall do their best to provide the User with a normal use of the Services but, given that the provision of said services is free of charge, the Provider shall not be liable and does not guarantee that they will meet the User’s expectations nor that they will be uninterrupted or timely. The Provider gives no guarantees as to the accessibility, the accuracy, the reliability, the functionalities or the content of the application.
11.2 The Provider shall not be liable for any interruption or poor quality of the Services when they are due to circumstances beyond Provider’s control – in the event of force majeure as defined in the Commerce Act, unforeseen events, failures of the global Internet network and the provision of Services beyond the control of the Provider, problems due to the equipment of the User as well as in case of unauthorized access or intervention of third persons in the operation of the information system or the servers which the Provider controls. Furthermore, the Provider shall not be held liable for any damages occurred for the User resulting from the abovementioned circumstances.
11.3 The Provider shall not be liable with regard to the User and third persons for damages and losses resulting from any interruption, stoppage, change or limitation of the provision of any of the Services provided by the Provider as well for any erasing, return, non-receiving, modifying, loss, untrustworthiness, inaccuracy or the incompleteness of messages, material or information used, recorded or made accessible through the mobile application.
11.4 The parties agree that the Provider shall not be liable for the non-provision of the Services or their provision with poor quality as a result of the Provider testing their equipment, connections, networks etc. as well as any tests carried out in order to improve or optimize the provided Services.
13.1 All disputes arisen in relation to the present General Terms and Conditions shall be settled by mutual agreement between the parties and should the parties fail to reach agreement – by the competent Bulgarian court.
13.2 For all matters unsettled by the present General terms and Conditions the provisions of the legislation in force in the R. Bulgaria shall apply.
13.3 All intellectual property rights such as trademarks and copyrights over materials, pictures, logos, images or other similar shared on the mobile application shall remain property of the Provider. Any use of the application or its content, including copying or storage of this content in full or partially, unless for personal non-commercial use by the User is forbidden if unauthorized by the Provider. The violators shall be subject to penalties according to the provisions of the Law on Copyright and Neighbouring Rights and the Law on Marks and Geographical Indications.
13.4 All electronic statements and messages under the present General Terms and Conditions shall be deemed to be validly made if they are made in e-mails, by clicking on a virtual tab in the mobile application or other similar to the extend to which the statement has been technically recorded giving the possibility to be reproduced. By accepting the present General Terms and Conditions and the conclusion of a contract between them the parties express their agreement to consider the electronic statements exchanged between them as received with their entry in the specified address information structure without any express confirmation being required.