This document contains the General Terms and Conditions of the contract for use of the services and information resources provided by “Modularity Bulgaria” Ltd. („МОДЮЛЯРИТИ БЪЛГАРИЯ“ ООД), UIC 206225963, regulating the relations between Modularity Bulgaria Ltd. and the users of the websites administered by the company, later referred to as “General conditions".
I. GENERAL PROVISIONS
Art. 1. (1) In interpreting and applying these General Terms and Conditions for the use of the services and information resources of "Modularity Bulgaria" Ltd. (hereinafter "the General Terms and Conditions") the following terms and expressions have the following meaning:
“Modularity Bulgaria” Ltd. is a Bulgarian commercial company, entered in the Commercial Register and the register of non-profit legal entities at the Registry Agency, having UIC 206225963, with address for correspondence: Bulgaria, Sofia 1618, Ovcha Kupel 1, building 610, entrance “G”, floor 7, apartment 21.
“Web page“ is an integral and separate part of a website.
“Personal Data Administrator“ - within the meaning of these General Terms and Conditions is "Modularity Bulgaria” Ltd. within the meaning of the Personal Data Protection Act (PDPA).
“Browser” is a computer program that enables the transmission, processing and visualization of data through various types of data transfer protocols.
“Malicious actions“ are actions and / or omissions that violate generally accepted rules of conduct on the Internet or cause harm to persons connected to the Internet or associated networks; sending spam; overflow of information channels; obtaining unauthorized access to resources, use of foreign rights and passwords; use of the weaknesses or imperfections of the information systems of "Modularity Bulgaria" Ltd. in order to extract its own benefits or illegal extraction of information; committing acts that may qualify as industrial espionage and / or sabotage; damage and / or destruction of systems or information files; sending viruses, "Trojan horses" (programs for remote control of computer configurations); disrupting the normal operation of other Internet USERS and associated networks.
“Interface” is a combination of graphic objects associated with program code, through which the User communicates with the website in a way accessible to him.
“Password” is a combination of letters, numbers and characters, which together with the username individualizes the User and serves to access his user profile.
“Order“ is an offer by the User to purchase goods or use a service published on the Website.
“USER” is any natural person who uses and directly receives services provided by "Modularity Bulgaria" Ltd., regardless of whether he has registered in any way or not.
“User name” is a unique combinations of letters, numbers and signs chosen by the User, by means of which the User is individualized.
“Registration” is a way to create an Account on the Website, through which the User gets the opportunity to use the services offered by "Modularity Bulgaria" Ltd.
“Accidental event” is an unforeseen or unforeseeable circumstance of an extraordinary nature at the time of the conclusion of the contract, which makes the provision of the services objectively impossible.
“Website” is a dedicated place on the World Wide Web, accessible through its unified address (URL) via HTTP, HTTPS or other standardized protocol for data transmission and containing programs, text, sound, picture, image or other materials. and resources. Unless otherwise stated, the Website, including all content such as design, text, graphics, logos, images, audio clips and other related materials, is protected by copyright and other applicable intellectual and industrial property laws, and is owned by Modularity Bulgaria Ltd. All such rights are reserved.
"Services provided by " Modularity Bulgaria" Ltd.” are the services listed non-exhaustively in Art. 7 of these General Terms and Conditions.
Obligation of the General Terms
Art. 2. (1) By submitting an application by a USER and receiving a loading response, regardless of the geographical location of the USER, including by indirect loading, through the use of a hyperlink ("electronic link" within the meaning of the Electronic Commerce Act / ECA /) , banner and / or other appropriate way, according to the technology used, to it from another website, the USER makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act (LEDES), declaring that he wishes to use the services provided by "Modularity Bulgaria” Ltd that it is acquainted with these General Terms and Conditions, and in the relations between it and “Modularity Bulgaria” Ltd they have the force of a contract that must be observed.
(2) If the User does not agree and does not accept the General Terms or violates them, his access to the Website may be restricted or terminated.
Effect of the General Terms
Art. 3. (1) The contract is in force for the parties ("Modularity Bulgaria" Ltd. and the USER) from the execution of the electronic statement by the USER within the meaning of the previous article until the termination of the use of the services of "Modularity Bulgaria" Ltd. by leaving the relevant website.
(2) With each new entry on the website of "Modularity Bulgaria" Ltd. the USER concludes a new contract with "Modularity Bulgaria" Ltd., the duration of which is the same as that of the previous paragraph - until the moment of leaving. The general conditions of the contract are valid at the time of its conclusion. They are located in a prominent place on the website of "Modularity Bulgaria" Ltd.
(3) The General Terms and Conditions bind the USER when expressing unambiguous consent for their acceptance during registration, and remain in force until the moment of termination of the registration of the USER.
(4) These General Terms and Conditions / the contract bind the USER in case of sending an e-mail to / from an e-mail address maintained by "Modularity Bulgaria" Ltd., even if the USER has not made an electronic statement for loading a website.
Amendments to the General Terms and Conditions.
Art. 4. When making changes and / or additions to the General Terms and Conditions, Modularity Bulgaria Ltd. will notify its USERS by publishing in a prominent place on its website a notice of the changes and / or additions to the General Terms and Conditions and the text of the changes, no later than 7 days before the entry into force of the amendments and / or supplements to the General Terms and Conditions.
Subject of the General Terms and Conditions.
Art. 5. "Modularity Bulgaria" Ltd. provides to the USER the services provided in these General Terms and Conditions in strict compliance with the requirements set out below.
Equipment and Internet access.
Art. 6. The USER himself provides the computer configuration, software and Internet access necessary for the use of the provided services. "Modularity Bulgaria" Ltd. does not have the quality of hardware or software provider in this case, as well as a provider of the service "Internet access" in relation to the USER.
II. SERVICES PROVIDED BY “MODULARITY BULGARIA” LTD
Art. 7. (1) "Modularity Bulgaria" Ltd. provides services to the information society, within the meaning of ECA. The following services are not exhaustive and may at any time be superimposed (including upgrading existing) services, not prohibited or not in conflict with applicable Bulgarian law:
(2) For the use of the above in point (1) services, the Users of the Website do not owe payment of additional remuneration or other type of additional fee to "Modularity Bulgaria" Ltd., except for the final price for ordering goods or services (together with the delivery price).
(3) Transactions for the manufacture and delivery of products concluded through or as a result of your visits to our Website are governed by our Terms of Delivery. Before completing your order, you will be explicitly asked to accept the Terms of Delivery.
(4) “Modularity Bulgaria” Ltd. strives to provide uninterrupted access of the Users to the Website and to the services offered on it, specified in point (1) above. However, Modularity Bulgaria Ltd. has the right to terminate, restrict and prohibit access to the Website of individual Users at any time and without express notice.
(5) The website may be used by the Users after they have created a Profile, through which the Users have the opportunity to use the services under point (1) above. In case the User does not register on the site, he may go through a short registration procedure, in which he voluntarily, according to these General Terms, provides the data necessary for the conclusion and execution of the contract, creating his user profile.
(6) Each User creates an Account by filling in the required information in the registration form. After the initial creation of an Account, the User receives a notification via the e-mail specified by him about the registration and should confirm the registration by opening the Internet address contained in the notification.
(7) The registration form, filled in by the User upon registration on the site, indicates the fields with mandatory and voluntary data that the User should/could fill in, as well as the consequences of refusing to provide this data. By agreeing to these General Terms and Conditions, the User agrees the information about him to be processed in the manner prescribed therein. The user profile created during the initial registration has default settings, allowing free access to the personal data announced by the User.
(8) After the creation of a Profile and depending on which of the services under point (1) wishes to use, the User may:
(9) In case the services mentioned here are not performed by "Modularity Bulgaria" Ltd. or are not performed in accordance with these General Terms and Conditions, the User has the right to submit a complaint in electronic form (using the contact form). The complaint must contain at least the name that the User on the Website and a detailed description of the complaints.
(10) "Modularity Bulgaria" Ltd. considers the complaint received from the User in a timely manner by notifying the User of its response no later than 5 days from receipt of the complaint. "Modularity Bulgaria" Ltd. has the right to refuse to consider the complaint and in this case should notify the User within the period under the previous sentence.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
Rights and obligations of the USER.
Art. 8. (1) The USER has the right to use the services of "Modularity Bulgaria" Ltd.
(2) To use the services in accordance with the legislation in force in the country and the applicable international acts, in accordance with the constitutionally regulated right of every citizen to seek, receive and disseminate information.
(3) The use of paid access services provided by Modularity Bulgaria Ltd is in compliance with these General Terms and Conditions, the rules of ECA and the CONSUMER PROTECTION ACT. A statement of intent for the use of a paid service is available when a USER makes an unambiguous electronic statement within the meaning of LEDES for its use. The conditions for use and payment of the paid services are indicated in the respective sections, where the paid services are placed and by making an electronic statement for their use by the USER, it is assumed that the latter agrees and accepts these conditions.
Art. 9. (1) The USER undertakes when using the services provided by "Modularity Bulgaria" Ltd. not to perform the following non-exhaustive acts:
(2) In case of established non-compliance with the requirements of point (1), "Modularity Bulgaria" Ltd. has the right to immediately delete from its servers and information systems administered by it to third parties-partners in various projects the relevant information or materials. The latter does not concern the cases under point (1), items 5, 7 and 10 - for the availability of such information, uploaded by a USER on the information files of "Modularity Bulgaria" Ltd., regardless of the direct or indirect use of the information resources of "Modularity Bulgaria" Ltd., the latter shall promptly notify the competent authorities in the Republic of Bulgaria, provides appropriate evidence (in case the act constitutes or could constitute a crime under the Penal Code and the communication is a legal reason for instituting criminal proceedings by a competent state authority) and stores (archives), as long as it is necessary or ordered.
Rights and obligations of "Modularity Bulgaria" Ltd. Limitation of liability.
Art. 10. (1) "Modularity Bulgaria" Ltd. has the right, but not the obligation, to store used materials and information located on the servers of "Modularity Bulgaria" Ltd. or made available to third parties by the USER.
(2) “Modularity Bulgaria” Ltd has the right to place electronic links to other Internet pages and resources and advertising banners on the website of Modularity Bulgaria Ltd for the sale of goods and provision of services by third parties, including under the terms of Contextual Advertising. By accepting these General Terms and Conditions, the USER agrees to the placed electronic links and advertising banners under the terms of Contextual Advertising.
(3) By registering in modularity.bg the User agrees to receive personal, advertising or commercial messages from "Modularity Bulgaria” Ltd. on the e-mail address announced by him.
Art. 11. (1) "Modularity Bulgaria" Ltd. does not guarantee that the services provided are unaffected by computer viruses, "Trojan horses" or other similar programs and systems that disrupt the normal operation of computer systems that have managed to overcome antivirus programs and / or "firewalls", used by the system of "Modularity Bulgaria" Ltd. in order to protect the security of information that is located, stored or transmitted.
(2) “Modularity Bulgaria” Ltd. is not responsible for the content of the websites, which are accessed through a hyperlink, banner and / or other appropriate means, according to the technology used, as well as for the consequences that may arise in connection with their use.
(3) By accepting these General Terms and Conditions, the USER declares that the use of the provided services will be entirely at his own risk and responsibility. “Modularity Bulgaria” Ltd is not liable for damages possibly caused to the USER when using the provided services, unless they are caused intentionally by “Modularity Bulgaria” Ltd.
(4) "Modularity Bulgaria" Ltd. does not guarantee the accuracy of the information provided by USERS, and is not responsible if the published photos, text or other materials violate someone's copyright, related to copyright or human rights and good manners. The limitation of liability set out in the previous sentence is in view of the fact that "Modularity Bulgaria" Ltd. guards the secrecy of the messages exchanged between USERS. The latter justifies the impossibility of “Modularity Bulgaria” Ltd to be bound by responsibility for the content of the exchanged messages. The advertisers are solely responsible for the content of all advertisements, as well as for the trademarks they concern.
(5) “Modularity Bulgaria” Ltd. is not responsible for non-receipt and / or delay of letters, is not responsible for the retention of information stored in the user's accounts, and is not responsible for actual damage caused by the storage of the information in question.
Art. 12. (1) "Modularity Bulgaria" Ltd. is not liable for damages caused to the software, hardware or electronic communications equipment of the USER or for loss of data resulting from materials or resources sought, downloaded or used in any way through the services provided.
(2) “Modularity Bulgaria” Ltd. does not guarantee that the services provided will be uninterrupted, timely and always free of errors.
(3) "Modularity Bulgaria" Ltd. has the right at its discretion and without limitation to terminate the provision of services at any time, including the closure of accounts and the irreversible destruction of the information contained therein, especially in case of unacceptable use.
(4) “Modularity Bulgaria” Ltd. has the right to use software for automatic processing of e-mail to its users during its delivery. The information collected about the USER during the automatic processing can be used both to create a USER profile for the needs of "Modularity Bulgaria" Ltd. and for other purposes (Anti-SPAM protection, etc.).
(5) “Modularity Bulgaria” Ltd. has the right to broadcast advertising anywhere on the website administered by it.
ІV. FINAL PROVISIONS.
Administration of personal data
Art. 13. (1) The personal data controller processes only those personal data of its USERS according to the Personal Data Protection Policy published on the same website, as well as in cases when Users have explicitly given their consent within the meaning of the Personal Data Protection Act.
(2) In order to avoid contradictions, "explicit consent" for processing personal data within the meaning of these General Terms means: the implementation of an unambiguous electronic statement (within the meaning of LEDES) by the USER for processing personal data requested by the Administrator. Before collecting the data for the purpose of their processing, the Administrator unequivocally notifies the USER what personal data (s) will be collected for processing, enabling the USER personally from using through his USER profile to complete computer configuration. the requested data (s). Regardless of the personal filling in of the data / s, the Administrator provides an opportunity for the USER to unambiguously express his / her will for the data filled in by him / her to be collected and processed. The statement of intent of the USER is considered unambiguous when he marks an explicitly defined free field, square or circle in which the automatic system may allow marking. The absence of a marked sign expressing consent is automatically considered as the absence of such and the data will not be collected and processed. The latter means that if the USER has personally filled in his data, but has not marked his explicit consent for their processing, the system of "Modularity Bulgaria" Ltd. will not allow their further processing and store the entered but unverified personal data. By expressing consent to these General Terms and Conditions, the USER makes an explicit consent to collect personal data from the Administrator, within the meaning of the previous sentence.
(3) The collected personal data of USERS will not be disclosed to third parties without the explicit consent of the individuals who provided them voluntarily to the Administrator outside the cases described in the law.
(4) By accepting these General Terms and Conditions, the USER is considered informed of the following:
(5) The processed personal data, after achieving the purpose for which they were collected, may be stored as anonymous in compliance with the conditions and requirements of LPPD.
Copyright and intellectual property.
Art. 14. (1) All elements of the content of the websites of “Modularity Bulgaria” Ltd., including design, software programs, databases, text, drawings, graphics, sketches and other information or elements, are subject to copyright within the meaning of the Copyright and Related Rights Act. rights and are the property of “Modularity Bulgaria” Ltd, jointly of “Modularity Bulgaria” Ltd and its partners, who have provided the relevant information, to third party licensees or represent by their nature publicly available media content created directly by the USERS.
(2) Any use, reproduction, change, public display, etc. part or all of the content of “Modularity Bulgaria” Ltd's websites without the permission of “Modularity Bulgaria” Ltd and / or the copyright or related rights holder (who legitimizes his rights to the respective product in an appropriate and generally accepted manner) is prohibited and prosecuted under the order provided by law.
(3) In case elements or materials from the websites of "Modularity Bulgaria" Ltd. are stored on the computer of the USER or printed for personal and non-commercial use, the USER is obliged to keep and provide each copy an indication of the reserved rights of "Modularity Bulgaria" Ltd. and his partners.
Art. 15. (1) The USER is obliged to indemnify “Modularity Bulgaria” Ltd. and all third parties for all damages and lost profits, including costs and fees paid as a result of claims from and / or paid indemnities to third parties in connection with materials, communications and information that the USER has made available to third parties by using the services provided by "Modularity Bulgaria" Ltd. in violation of Bulgarian law, applicable foreign laws, these Terms and Conditions or good manners.
(2) The USER is obliged to indemnify “Modularity Bulgaria” Ltd for all his actions or omissions with which he has violated, or allowed to be violated, the intellectual property right of “Modularity Bulgaria” Ltd and its partners on the intellectual property objects indicated as such. and contained in the databases of "Modularity Bulgaria" Ltd.
Secrecy of messages
Art. 16. "Modularity Bulgaria" Ltd. guarantees the secrecy of messages exchanged between USERS. In view of the confidentiality of the messages, "Modularity Bulgaria" Ltd. cannot be bound by liability for their content. The content of the communications may be disclosed only to the bodies of the Ministry of Interior (NS Police and DGCOC) or competent bodies of the Ministry of Defense (Military Police and Military Counterintelligence), in the presence of an act of a judicial authority to disclose the secret of the information or in case of reasonable suspicion of committing a crime.
Art. 17. The website and the services offered on it under Art. 7, point (1) of these General Terms and Conditions, is intended for use by a certain group of persons. In the event that a User who does not meet the relevant criteria decides to use the Website and the services offered on it under Art. 7, point (1) of these General Terms and Conditions, fully assumes the risk for this, as well as the responsibility to comply with these General Terms and Conditions and the legislation of the Republic of Bulgaria.
Art. 18. In the event that any of the clauses of these General Terms and Conditions proves to be invalid, inapplicable or illegal for any reason, such clause shall not prevent the entry into force of any of the other clauses of the General Terms and Conditions.
Art. 19. These General Terms and Conditions are regulated and interpreted on the basis of the current legislation of the Republic of Bulgaria.
Art. 20. All disputes arising in connection with these general terms and conditions, their non-compliance, their validity or their interpretation, are settled through well-intentioned negotiations between the Users and "Modularity Bulgaria" Ltd. and through mediation. In the event that no agreement is reached within 30 days of receipt of the notification of the dispute, each Party has the right to refer the dispute to the Arbitration Court at the Bulgarian Chamber of Commerce ("BCCI arbitration") according to the arbitration rules ( "Rules") of the BCCI by an arbitrator designated in accordance with the Rules. The place of arbitration is Sofia, Bulgaria. The arbitration shall be conducted in Bulgarian. The arbitral award shall be final and binding on the Parties.