III – ROAD ASSISTANCE PACKAGES
VI – ENTRY AND MODIFICATION OF DATA IN THE PLATFORM
VII – PRICES OF SERVICES AND PAYMENTS
VIII – PERSONAL DATA PROTECTION
X – USAGE GUIDELINES AND ABUSE AVOIDANCE
XIII – RESOLUTION OF COMPLAINTS
XIV – JURISDICTION AND SETTLEMENT OF DISPUTES
XV – TRANSITIONAL AND FINAL PROVISIONS
I – GENERAL PROVISIONS
- the rights and obligations related to the use of the VOZZi platform (hereinafter: the platform) which is located on the Internet addresses as follows: https://www.vozzi.app, Google Play Store, Apple App Store, and Huawei Gallery, whether it is accessed via the Internet or application for mobile devices;
- the terms regarding the use of road assistance package services, that is, which services are the result of using the VOZZi service.
The Platform represents the information technology services provided by the Company VOZZi Operations BV, Weerdestein 97, 1083GG Amsterdam, The Netherlands, VAT: NL861944574B01, COC: 81128967 (hereinafter: the Company).
Road assistance package services are provided to users by service providers who have concluded contracts with the Company, which users are defined in Article 8 hereof (hereinafter: the Professionals).
The platform as an information society service represents a platform through which, in the context of using the Company’s roadside assistance package, it is necessary to register/request services from the roadside assistance package, while the services refer to a specific service/activity that intervenes to provide roadside assistance.
Which roadside assistance package services are available to users
Road assistance package services are defined as primary services and as secondary services:
The vehicle repatriation service can only be used in case of activation of the primary services from the roadside assistance package.
Combining services: if the hotel accommodation service is used, the rent a car service (vehicle replacement service) cannot be used, and also if the rent a car service (vehicle replacement service) is used, the hotel accommodation service cannot be used, regardless of the purchased package.
If the repatriation service of the vehicle is used, the right to use other primary and secondary services ceases, and the package is considered used (applies to services used outside the borders of Serbia).
The connection between the Platform and the roadside assistance package
As an information society service, the platform is intended for:
1. intermediation in the provision and payment of professional auto-mechanic services and vehicle towing services, as well as other services from the package for Users, persons who have an active roadside assistance package;
2. intermediation in the provision of professional auto-mechanic services and vehicle towing services – for users who do not have one of the roadside assistance packages offered by the Company.
The platform is intended to mediate the provision of roadside assistance services, by connecting users who need services with Professionals who provide those services (hereinafter: Professionals).
The user of the service from the roadside assistance package can perform the service only through the Platform.
The Company through the Platform provides only and exclusively the service of the information society (in a way that connects the User and the Professional), while the services within the roadside assistance package are not directly provided by the Company, but by the Professionals. In addition to the above, telephone assistance is provided by the Company.
What the Terms of Service represent
The Company’s operations through the Platform are primarily regulated by the Law on Electronic Commerce, the Law on Obligations, the Law on Copyright and Related Rights, the Law on Trademarks, the Law on the Protection of Personal Data, as well as other regulations of the legal system of the Republic of Serbia in parts that are not regulated by the aforementioned laws.
The Company is committed to the preservation and enforcement of personal and private data protection, as well as copyrights, all under the IT profession rules, good business practices, and
applicable legislation of the respective country.
The Company does not in any way affect the content which is posted by users on the Platform or which is created by aggregating publicly available data, nor does it guarantee the accuracy or usability of information presented through the available content. The sole responsibility for the content is borne by the third persons who have posted the content or from whom the content is downloaded.
The Company is entitled, but not obliged, to remove any content from the Platform at any time, without the obligation to give any previous or subsequent notification or explanation.
The user of the road assistance package service may obtain the service only via mobile application/ Platform.
If there is no response by a partner-Professional to the User’s request, the User may contact the call center on the following telephone numbers: 19 919 for Serbia and + 381 11 40-19-919 for foreign countries.
This option is displayed automatically on the application’s road assistance page if no partner has responded via the search function on the Platform.
II – DEFINITION OF TERMS
- Platform User – a natural person with a permanent or temporary residence on the territory of a particular country or legal entity with a seat on the territory of a particular country which has purchased the road assistance package the respective country. An individual user as a natural person can only have one active road assistance package on the telephone number registered on the Platform; more precisely, the roadside assistance package is linked to the User’s mobile phone number.
- Vehicle – the vehicle, that the road assistance package can be used for, is a passenger vehicle and/or a light truck with up to 7 seats, registered in the respective country, with a total weight of up to 3.5 tons, up to 5.5 meters in total length and 2 meters in height, and that the User has the right to drive. All transport vehicles, trucks, public transport vehicles, special vehicles, work machines and towing vehicles (all types of trailers over 750 kg), as well as all vans are excluded from the possibility of using road assistance services within the active packages. Trailers up to 750 kg are covered by the active package, trailers of larger dimensions can be transported by an additional surcharge in accordance with the valid VOZZi price list.
The user’s vehicle must be registered, may not have test or temporary plates, and must be insured in accordance with applicable legislation prior to package purchase.
- Malfunction – means the event when, during the validity period of the package, the starting of the vehicle is not possible due to a mechanical or electrical malfunction, also including a faulty battery, punctured/flat tire, fire, flood, theft, or vandalism.
- Place of breakdown? – Any location on asphalted national roads of the 1st, 2nd or 3rd order, where the User experienced an emergency breakdown (excludes forest and mountain roads, as well as other unclassified roads, which are not in the organization’s maintenance plan and program responsible for road maintenance). In the case of public and private garages, the User is obliged to provide access to the Professional.
- Professional’s Field Inspection – if the User has reported a malfunction, the Company will assign the closest Professional automatically through the system. After the Professional’s confirmation, which is shown on the User’s mobile phone, and the confirmation by the User, the Professional is forwarded the contact phone number, GPS location, and distance of the User. The User then receives feedback on the Professional’s distance, anticipated time of arrival, and tracking of the Professional via a map.
- Traffic accident – an accident which occurred on the road or started on the road, involving at least one moving vehicle and at least one person killed or injured, or resulting in material damage.
- Minor repairs on the spot – imply only minor repairs, which do not require a visit to the service; after this repair, the service is considered to have been completed. More detailed information regarding what situations are defined as minor repairs can be found in Article 14 of these Terms.
- Vehicle repatriation – If it is not possible to repair the vehicle in the Professional’s service point within two working days of receiving the vehicle at the Professional’s service center, with a confirmation of the service on the letterhead, the User has the option to request the transport of the defective vehicle to the address in the home country or to the desired service point, provided that the desired service point is closer to his location (at the time of the defect occurring) than the place of residence (precisely, the User can get the repatriation service to the country where the road assistance service package was purchased). The user is obliged to confirm his residence with a valid identity document.
- Rent a car – The service of organizing a rent a car/replacement vehicle within a certain time frame and amount according to the limit of the purchased roadside assistance package.
- Continuation of the journey – Service of organizing the continuation of the started journey by train, bus, plane or any other suitable means of transport. The company covers the costs for all passengers per purchased roadside assistance package.
- Hotel accommodation – The service of organization of hotel accommodation for the duration and amount in accordance with the roadside assistance package that the user has.
- Blocking of the User’s Account – if the registered User with the active road assistance package uses the Services as needed and reports the malfunction and/or towing, and after the Professional’s confirmation the User cancels the chosen service, the Company reserves the right to block the user account for 48 hours. In such a case the service/services from the active package is/are considered used.
- Towing service – if the service user has reported the need for towing service, the Service will automatically assign the nearest Professional. After the Professional’s confirmation which is displayed on the User’s mobile phone, and after the confirmation by the User of the service, the contact phone number, GPS location, and distance of the User are forwarded to the Professional. The User then receives feedback on the Professional’s distance, expected time of arrival, and tracking of the Professional via a map.
- Toll costs – mean the potential costs of tolls incurred when towing service is provided.
- Users of services provided by the Company through the Platform are considered registered users.
III – ROAD ASSISTANCE PACKAGES
Activation period, validity and duration of the package
It is possible to begin using the selected road assistance package after the following requirements are met:
- Package activation period is 72 hours, more accurately, 72 hours must pass from the moment of package activation in order to be eligible to use the package services – package services from the road assistance package can only be used if the road assistance package is active after the aforementioned time period;
- When upgrading the existing road assistance package, 72 hours must pass from the moment of new package activation in order to be eligible to use the services from the upgraded package;
- Supplementing/upgrading a partially used existing package is not possible;
- A road assistance package must be activated on the territory of the country where the user resides, and if the activation was performed outside of the User’s country of residence, the road assistance package is considered inactive.
The duration of the road assistance package, i.e., the time period in which it can be used after activation is 12 months. During the specified period, it is possible to perform the following number of service requests:
- a single request for service means a request for a service within a road assistance package, only the package owner can request the service if being next to the vehicle.
- A wheel change/servicer field inspection is equal to a single request for service, even if more than one wheel is changed during a single service request.
Manner of providing services
Requests for service within 24 hours after the failure may be partially or completely rejected.
Liability and limitation of the Company’s liability
The Company guarantees rendering services contained in the road assistance packages realized through a partner network on the territory of the respective country, namely Europe as a geographical concept, in line with the contracts concluded with partners – Professionals.
The company does not guarantee that repairs in any garage/service station will be during business hours, or that repairs may begin immediately (service load, religious and national holidays, weekends). The Company cannot guarantee when will the service/garage undertake the type of repairs required.
The company cannot take responsibility for repairs in any service/garage, because the contract for such repairs is concluded between the User and the service/garage, except in the case of coverage according to the purchased package up to the limit defined by the package. If the repair costs exceed the specified limit, the user is obliged to pay the difference to the total repair price, of which he is aware after diagnosing the fault.
Conditions for using the services
Conditions that must be cumulatively met in order to use the services from the package:
The selected package must be paid and active;
Services must be requested within the existing Platform in accordance with the active package belonging to the User;
The user must be a resident of the country in which the package was purchased;
The vehicle for which the roadside assistance service is provided must be registered and not able to move under its own power.
IV- ROAD ASSISTANCE SERVICES
The User of the package, passengers, personal belongings, and transport of animals
The User of the package
The user of the roadside assistance package must be present at the place where the vehicle for which the service is requested is located; if he is not present, the service cannot be provided, except in the case of a serious traffic accident when the User is hospitalized.
In the event that when reporting a breakdown or a traffic accident, the operator from the Company’s call center suspects that the User is under the influence of alcohol or drugs, the Company has the discretion not to provide service to the User.
If the User intentionally abuses the Platform and cancels the services he has chosen, the roadside assistance package will be deactivated from the user’s active package.
The vehicle must not carry more passengers than stated in the vehicle registration document. Each passenger must have a separate fixed seat, installed according to the manufacturer’s specifications, and each child must have a properly fitted child seat.
The user is always responsible for taking care of his personal belongings, luggage, and goods within the vehicle or on the vehicle. The company assumes no responsibility for any loss or damage to them.
Transport of animals
The transport of animals is not allowed in the vehicles of Professionals, except in individual cases when the Professional provides the transport of animals. Any animal may remain in the User’s vehicle at the risk of the User. The company does not take responsibility for animal injuries or damage caused by the malfunction. Livestock cannot be transported. Animal-related costs cannot be reimbursed.
Overview of conditions for using roadside assistance services
When Towing service is used, the total mileage is calculated from the location where the malfunction /traffic accident occured to the agreed destination approved by the Company’s Operations Center.
When Minor repairs on the spot service is used, the total mileage is calculated from the location of the nearest Professional to the location where the service is requested. The Platform automatically monitors the partner for the sake of transparency of the entire service.
When Minor repairs on the spot service includes the following:
- On-site wheel replacement, if the User has a spare wheel,
- Jump-start battery and its replacement on the spot (mechanic work),
- Diagnostics of minor electrical malfunctions,
- Refueling and pointing out wrongly filled fuel.
For each additional service of the Professional, after payment (if the person using the service does not have an active package), the user of the service will be issued an invoice in digital format on the registered e-mail address.
If the User himself organizes any of the services from the roadside assistance package, without obtaining approval from the Company, it will not be possible to implement it.
What is not covered by the packages
Road assistance packages do not encompass these services:
purchase of new or used tires, purchase of glass (windshield, butterfly, side glass and exterior and interior mirrors);
purchase of a new battery
fuel costs, in case of refueling;
making an additional key;
Bringing a new tire on the spot, as well as buying a new tire in vulcanizing services;
Air-conditioner repair or regular maintenance;
Routine servicing and maintenance of vehicles;
Vehicle storage fees unless included in the user package;
Storage and safekeeping of caravans and trailers;
Replacement/spare wheel unless the User has a service spare wheel provided by the manufacturer; ??
Any fees for utilizing the User’s vehicle for business, commercial travel, rental or similar purposes
Rental of minibuses, caravans or trailers, motorcycles, or vans;
Repair of defects caused by activities that are not subject to road rules, for example, rallies, car races, use of racetracks, or other formal or informal races;
Repair of damages due to vehicle maximum weight overload under the laws of any country in which the vehicle is driven;
Any fees for the User’s vehicle, if it is not legally taxed, insured, and provided with a valid registration sticker prescribed by law or if not used under the manufacturer’s instructions;
Repair or replacement of bulbs during the visible part of the day (replacement of xenon bulbs, headlights, ballasts), in any situation because they require specialized service or special training of mechanics/servicemen. Replacement of light bulbs is possible only when the User has a replacement light bulb;
Servicing a vehicle that is off-road and not drivable. If it is taken into account, acting reasonably, that the condition of the vehicle is such that it makes it impossible to provide service or that the Professional’s safety is endangered, the Company may refuse to provide service. The services will be provided if the User can give evidence that the vehicle is on the road;
Any request which is or can be made under the influence of alcohol or drugs;
The following cases are considered abuse of the Platform/Roadside Assistance Package:
1. if the vehicle was not in an already started assistance based on the assistance package on the road through the Platform, and a towing service was requested from a service that was not previously included in the assistance process;
2. transportation of vehicles from auto-places, new or used cars, with or without valid registration to the address;
3. VPN – any alteration of the user’s geolocation in relation to the actual geolocation is considered abuse of the roadside assistance package/Platform.
Also, the following services are charged additionally:
- In the case of vehicle towing, for every kilometer outside the conditions specified in the roadside assistance packages, The platform automatically calculates according to the valid price list and the additional costs of mileage are borne by the User;
- The use of special equipment when towing a vehicle (special mobile crane for towing a vehicle) or hiring an additional party in the event of an accident;
- if the User is already on the highway at the time when the service from the roadside assistance package is requested, he is obliged to settle his debts related to tolls;
- Additional expenses: additional insurance, passing through a tunnel, ferry transport
- compensation for damages or losses caused, directly or indirectly, by war, warlike circumstances, official decrees, or theft;
- compensation for damage or loss costs in addition to the ones mentioned in the previous item;
- compensation or any other legal liability if directly or indirectly caused by radiation, radioactive or toxic contamination;
- compensation for loss, destruction, or damage caused by shock waves of airplanes or other aircraft;
- compensation for damages incurred at car races, rallies, speed or durability tests or activities in connection with any training and preparations;
- compensation for damages or injuries caused intentionally by the User or caused by the User’s participation in criminal activities, namely caused by deliberate violation of or non-compliance with the laws and other regulations of the country where the User is on the road.
Restrictions on the use and exclusion of validity of the roadside assistance package
Restrictions on the use of packages
Package coverage is subject to certain limitations:
Maximum number of service requests that the User may use depends on the selected road assistance package;
Each package is limited to the maximum number of services that can be performed during the package validity period;
Each request which is made by the User and canceled after the Professional’s arrival shall be deemed finalized and the service provided because the Company is under obligation to pay for each Professional’s field inspection, with or without continuation of the service. The Company reserves the right to consider the ordered and not used service as used.
Exclusion of validity of the roadside assistance package
The following conditions apply to all package segments and if the User does not comply with them, the Company may refuse to provide the service with a justification:
In the event of a fault caused by a faulty component and/or part by the manufacturer, the user must switch off the car, so that, for example, an air conditioning fault does not in itself constitute a fault, and a warning light does not always constitute a fault that impacts the drivability of the vehicle;
If the User has requested services from the Service to avoid the vehicle repair costs, the Company may not be able to cover such costs;
If the vehicle is loaded over the limit given in the registration document, the Company can organize an additional service using a service truck of higher tonnage, but the additional costs will be borne by the User;
The Company takes no responsibility for any losses incurred during service provision, and which are not explicitly covered by a selected package as losses the Company is liable for (for example, the Company is not responsible for lost profit);
The packages do not cover additional requests for vehicle repair which are not essential for travel continuation;
Inability to provide services and discontinuation of services
In particularly difficult objective situations, such as civil unrest, war, armed conflicts without an official declaration of war, extreme weather conditions, carrying out road assistance services may be discontinued.
Organization of benefits from the service packages and additional services
Organization of benefits from the service packages
If the Company arranges for a taxi (ride), transportation, accommodation, or similar benefits within the road assistance package, it is a rule to look for the option which is the most appropriate and favorable at the given moment. The Company is not liable for the quality of services in every hotel or reserved taxi vehicle. The Company can neither be liable for every vehicle status check or the quality of services delivered by every service provider.
The Company can mediate in providing additional services that are not included in the package, such as organizing delivery when the User:
buys the needed spare parts;
extends residence time, or
buys glass for vehicle repair.
All additional services are paid in advance, upon mutual agreement.
If in a foreign country, it is not possible to repair a vehicle in the Professional`s workshop, within two working days from the day of admission to the service, with a confirmation of the service on the letterhead, the User may request the transportation of the defective vehicle back to the address in the home country (i.e. the User has the right to repatriate vehicle to the country where the road assistance package was bought), under the following conditions:
- the estimated value of repair and vehicle transportation does not exceed the estimated value of the catalog of the Center for Motor Vehicles (CMS);
- in the opinion of the Professional, no total loss occurred.
In case the conditions described in paragraph 1 of this Article are fulfilled and the User opts for vehicle repatriation, the procedure is as follows:
- the Operational center needs to be contacted to organize this service;
- the vehicle is to be left with the Professional;
- in connection with the previous item, the User is required to give all the documentation about the vehicle to the Professional (including vehicle owner`s authorization for the Professional, if the vehicle owner does not go with the vehicle, as well as vehicle owner`s passport copy), and also hand over the vehicle keys;
- it is necessary to empty the vehicle of personal belongings.
The service provider (Professional) is not responsible for personal belongings in case the User leaves them in the vehicle contrary to item 4, paragraph 2 of this Article. In addition, it is forbidden to transport passengers in a vehicle that is transported in this manner.
The maximum due date for vehicle repatriation is 10 (ten) working days from the day when repatriation was approved.
Caravans and trailers
Servicing caravans and trailers over 750kg carrying capacity is not included in the road assistance package, also if they are separately parked or defective.
If the User tows a caravan or a trailer, providing that it has additionally been requested in writing, the User will be notified subsequently about the additional costs he/she must bear and pay extra.
The company will provide services that are available in accordance with the policy in relation to the caravan or trailer.
The Company cannot arrange for the replacement caravan or trailer, or drive vehicles with tow bars, therefore the User must leave the caravan or trailer with the vehicle while it is being repaired.
If it is possible to organize the transportation of the caravan or trailer together with the vehicle, the costs of the additional transportation shall be borne by the User. If this is not possible the Company cannot guarantee additional transportation of the caravan or trailer.
The caravan or trailer storage costs are in no case covered by the Company.
V – HOW TO USE THE PLATFORM
The Platform contains data on business entities that are predominantly engaged in activities in the field of auto servicing, auto-mechanical services, and vehicle removal services (towing services) provided by the business entities. The Company may aggregate data on business entities from publicly available sources, namely the sources which have been publicly disclosed by any of the official state institutions or disclosed by the business entity about itself.
The content that the Users post via the Platform regardless of the content form (text, audio, video, and so on) must be accurate and correct. The User who has entered the data is solely responsible for the accuracy and correctness of the entered data. The accuracy of the entries implies that they come from a competent source and/or the personal experience of the User. Correctness means grammatical, spelling, and factual correctness.
The User of the road assistance package service may obtain the service only via the Platform.
If the User needs any of the services offered in the road assistance package, the Company will automatically assign the closest Professional via the Platform by using an appropriate algorithm. After confirmation by the Professional, of which the User is notified via the Platform, the phone number, GPS location, and distance of the User are forwarded to the Professional. The User then receives feedback on the Professional’s distance, the expected time of arrival, and the geo-location tracking of the Professional via the Platform map. The Professional can only get a GPS location as an intervention point through the Service. To exercise the right to any service from the package the User must be physically present in or next to the vehicle, as the right to use the package services is linked to the User (not the vehicle). Exceptionally, if the User of the road assistance package service is not able to obtain a selected service through the application section of the Platform, the Company provides call center services as part of the Service available via telephone numbers . Should this be needed, such an option is automatically displayed on the application page.
If the user has no Internet access on his/her mobile device, the six-digit code or a mobile phone number will appear on the screen when initializing the Platform and the User will be required to read it to the Company’s call center operator thus confirming the User’s status.
Upon registration and each access to the Platform (logging in to the Platform), the Platform automatically sends an SMS text message with a code consisting of six digits to the User’s mobile phone number, namely the one through which the registration was made.
By entering the correct six-digit number the User is allowed access to the Platform. The User shall access the Platform using only his/her access data, which implies that on the other hand he/she will not use other persons’ access data or give his/her user data to a third party. The User can inform the Company if there is a suspicion of unauthorized usage of his/her access data.
When the request is made by the User and the circumstances indicate that a violation has occurred or is certain to occur, the Company will, taking into account the protection of personal rights, privacy, property rights, and intellectual property rights, without delay:
- Upon reasoned request, supported by appropriate documentation, remove the content so that it not be publicly available, and keep the content for evidentiary purposes;
- Upon competent authority request, submit data on the User whose entry violates any of the abovementioned or other rights, all in keeping with the relevant regulations.
Within the Platform the Company transmits electronic messages submitted to it by the User, but does not in any way: initiate their transmission, selects data or documents to be transmitted, excludes or changes data in the content of messages or documents, nor select the transmission recipient – Professional.
The Platform determines the User’s geographic location using GPS technology and the information on the location of the Platform User who needs the service is forwarded to the Professional selected by the Platform using the matching algorithm, based on the distance, arrival time interval, traffic jam and availability of the Professional. After the confirmation made by the Professional, the User and the Professional – service provider enter into a direct legal relationship, and the Platform in real time presents to the User the price, distance between the Professional and the User, and the anticipated time of arrival at the destination the User has specified in the application.
The Company reserves the right to make changes, termination (temporary or permanent) of any element of the Platform, and/or services it provides, as well as the content and/or entry, regardless of the author thereof, without prior approval or notification, whilst implementing good business practices.
The right to the changes from paragraph 1 of this Article does not pertain to the User’s acquired rights, namely to the active road assistance packages. The Company may alter the active road assistance package only and exclusively at the User’s request, and only when there are technical conditions for such alteration.
All coordinates, time stamps, and deadlines presented by the Platform, as well as time zone and working days, are calculated according to the relevant regulations of the respective country.
Package renewal and package upgrade
The User can renew his/her package 30 days before the expiration of the user package validity period at the earliest, without the activation period of 72 hours, and the renewed package becomes valid after the existing package validity period has ended. Furthermore, in case the User renews the package within 30 days after the package expiration date, its validity shall start after effected payment, without the 72-hour activation period.
The package can be renewed by purchasing a new one at the point of sale or through the application.
The User can upgrade his/her package to a wider territorial or service coverage at any time through the application or by upgrading at the points of sale. The upgrade does not extend the package validity period, namely, the package is not renewed. The period of validity of such an upgrade shall be until the expiration of the period of the valid package.
The User can upgrade his/her package at any time during the validity period unless any service from the existing/active package has been used. The upgrade does not influence the period of the existing/active package validity period, that is, the validity remains tied to the existing/active package, not the upgrade.
The User can choose to upgrade all existing road assistance packages through the application or at the point of sale. If the User experiences complications during the upgrading process, he/she may contact Customer Support Service at the e-mail address email@example.com and send a request for package upgrade in writing. The Customer Support Service shall notify the User about the completed package upgrade via e-mail.
The upgrade is enabled exclusively on the User’s territory and is not valid if the User subsequently pays for and upgrades the package abroad. Such cases will be considered abuse and the Company reserves the right not to accept the upgrade.
If the User who is abroad requires services that are not included in its active package, the Company can organize transportation to the country where the User has activated the package, in which case the costs fall on the user. Namely, in response to his request, the User will be presented with the costs and after obtaining written approval from the User, such a service will be provided.
In case the User wants to purchase a new package, and the status of the existing one is “partly used”, the User is required to buy a new package, that will become active after the existing one “partly used” expires.
The Company reserves the right to make changes to the Price List and the packages, with timely notification via the Internet and by observing good business practices.
Service evaluation by the User
To provide better services, we require the User to evaluate every service, by using marks from 1 to 5 (where 1 is the lowest and 5 is the highest mark) as ratings given to the Professionals they contacted.
The Platform automatically makes a calculation and shows the Company the average user rating for each Professional individually.
The Company reserves the discretionary right to cancel the assigned rating, as well as the right not to cancel the rating in any particular situation.
VI– ENTRY AND MODIFICATION OF DATA IN THE PLATFORM
User registration and logging in to the Platform
The User’s registration as well as all the content (mobile phone number; user address; user e-mail address; make, model and year of production of the vehicle) that the User posts on the Platform is not moderated or modified or in any other way affected by the Company, therefore the User has the sole responsibility and bears all legal consequences that can arise from the content placed on the Platform.
With each login to the Platform, the User gets access to his/her account on the Platform and the possibility of using the Platform which the User can adjust according to available Platform options.
Change of data in the Service and package deactivation
The User can, without any explanation of notification, at any given time, perform changes relating to:
- e-mail address of the registered user;
- data on vehicle description (make, model, and year of production);
- data on vehicle registration numbers.
The User cannot transfer the user account or the road assistance package to someone else’s name.
The User can, without any explanation and at any point in time, revoke his/her user status by submitting the request for deleting the user account if there is no activated road assistance package.
Modification of vehicle data
Since the roadside assistance package is linked to a person and not to a vehicle, it is possible to change vehicle data but not while the vehicle/user is abroad, more precisely, outside the country of residence/registration.
Edit user data
It is also not possible to change the user of the roadside assistance package, so instead of the person to whom the roadside assistance package is managed, another person is registered.
Change of phone number
If the phone number specified during registration/activation of the roadside assistance package changes, the package will be active after 10 days from the day the phone number was changed.
Treatment of the content placed on the Platform
Placing content on the Platform in no way restricts the User to post or publicly disclose the same content elsewhere. The User can post different content at the same time. The User can, without any explanation of notification, at any time, delete or modify his/her posted content. The Company will momentarily delete or modify such content, except for the content located in backups that are generated systemically and whose content cannot be affected.
By posting content on the Platform, the User unconditionally and irrevocably authorizes the Company to transfer the content to the authorized Professionals to provide the Service, and also to remove the content without prior or subsequent notice or explanation.
The Users reserve all copyrights and related rights to the content that they have created. The Users guarantee that they are the owners and/or users of all essential copyrights on the entire content as well as on all its parts that they have posted on the Platform. The Users who have posted the content are solely responsible for every potential breach of copyright or related rights, and other intellectual property rights, which violation may be the result of Users’ doing or failing to do.
Cancellation of the package by the User
In case the road assistance package is activated, the User may cancel it without any explanation within 14 days from activating the package if no service included in the package has been used. In this case, the package will be canceled and the money reimbursed to the User, with the reduction of bank transfer costs. If any of the services have been used at the User’s request, the package will be canceled without the refund so that the user can activate a new road assistance package.
Within a year from the activation of the package, it is possible to carry out a maximum of two deactivations of the package.
VII – PRICES OF SERVICES AND PAYMENTS
The prices of services provided by the Professionals, which were given in the packages, are formed by the Company as uniform prices for a specific territory.
Payment for the service performed by the Professional can be affected as follows:
For Users who have obtained the road assistance package from the Company, the costs of services from the purchased package are borne by the Company, while the Users pay any additional services (not included in the package) by cash payment to the Professionals or through available electronic payments to the Company after the additional services have been carried out;
For Users who do not have any of the road assistance packages offered by the Company, the Users pay after the service has been carried out by cash payment to the Professionals under the price list of the territory in which the service is performed through the Platform, or pays through available electronic payments to the Company.
When paying using VISA, MasterCard, and Maestro payment cards the User pays the calculated amount while the transaction costs (bank commission) are borne by the Company. The security of data during purchase is guaranteed by the payment cards processor. Payment card data are at no time available to our Platform or the Company.
In the event of refunding the User who has previously made the payment by using a payment card, in part or in full, and regardless of the reason for refund, the Company is under obligation to make the refund exclusively through VISA, EC/MC, and Maestro payment methods, meaning that the bank will, at the request of the Company, make the refund to the cardholder’s account. The text “VOZZI service” will appear on the bank statement.
When paying in cash to the Professional, the User pays the calculated amount according to the invoice provided by the Professional.
VIII – PERSONAL DATA PROTECTION
The Company performs processing of necessary data of the persons who have granted consent for processing, for a specified purpose, in the manner permitted by law, so that the data subject is not defined or identifiable after the purpose of processing is achieved, and in proportion to the purpose of processing.
The Company may, in compliance with the law and the Rulebook on Personal Data Protection, collect certain data on website visits obtained during the use of the Platform. These data can be used by the Company to gather information to improve its IT services and the Platform, as well as additional direct and adjusting it to its visitors and Users.
The Company does not collect data on the Users’ payment cards. When entering payment card data, the confidential information is transmitted via the public network in a protected (encrypted) form by using PCI DSS 3.1 standard, as currently the most up-to-date cryptographic technology. The security of data at the time of purchase is guaranteed by the payment card processor whose Level 1 is a payment service provider, so the complete billing process is performed on the provider’s website. At no time is the payment card information available to the Company or the third person.
All general acts of the Company must be compliant with the Rulebook on Personal Data Protection. If any general act of the Company is not under this Rulebook, concerning the protection of personal data, the provisions of the said Rulebook shall apply.
The User agrees that the Company may periodically send them notifications related to the Platform content, notifications regarding the Platform and the Company, as well as advertising notices.
IX – COPYRIGHT
The Company has the exclusive copyright and intellectual property rights on the Platform, as well as on all individual elements thereof, such as text, visual and audio elements, visual identity, data and databases, program code, and other elements of the Platform that the Company is the author of.
Unauthorized use of any part of the Platform, or the Platform as a whole, without the express prior permission given in writing by the Company as the holder of exclusive copyrights, will be deemed an abuse of the Company’s copyright and is subject to initiating all statutory procedures aimed at protection of the said rights.
The Platform may contain elements whose exclusive copyrights, trademark rights, and other intellectual property rights are held by other persons, such as the content of the Platform users, aggregated publicly available content, the content of business partners, advertisers, and the like. The other persons have the sole responsibility for the content they hold copyright on, irrespective of the fact that such content is on the Company’s Platform, according to the provision of Articles 39 and 40 hereof.
By posting the content on the Platform, the User agrees that it becomes visible to every visitor to the Platform, under the conditions and in the manner described herein. It is permitted to transfer other persons’ content or parts of the content from any part of the Platform only with the mandatory express prior consent from the Company, noting that the content is downloaded from the Service and indicating the adequate link with the downloaded content location. The Company has the sole liability only cover the content it has the copyright on.
Each person is independently liable for his/her copyrighted content, specifically for the content they have posted independently and made publicly available through the Platform.
X – USAGE GUIDELINES AND ABUSE AVOIDANCE
The Users are obliged to follow the Guidelines specified herein when using the Platform.
The User is responsible for the posted content, especially if that content, under discretionary assessment of the Company, includes (but is not limited to):
- openly offensive content, or content that promotes racism, intolerance, hatred, or physical harm of any kind, and which is directed at any group or individual
- harasses or promotes harassment of another person,
- exploits people sexually or violently,
- contains nudity, excessive violence, or abusive content, or contains links to adult websites,
- requests personal information from persons under the age of 18,
- publicly announces information that pose or create a risk to any person’s privacy or security,
- contains or promotes information which are known to be false, or which lead to false conclusions or promotes illegal activities, or whose content is insulting, intimidating, threatening, obscene, or defamatory,
- contains or promotes forbidden or unauthorized copying of another person’s protected work,
- includes the transmission of unwanted mail, circular letters or mass emails, instant messaging, i.e., „spam“,
- contains pages with restricted access or pages that can be accessed only with the password, or hidden pages and images (those that are not linked to other pages),
- incites or promotes criminal activities or jobs, or provides instructions to engage in prohibited activities, including, but not limited to, the manufacture or purchase of illegal weapons, violation of someone’s privacy, or detection and/or creation of computer viruses,
- seeks passwords or information which identify you for commercial or illicit purposes by other users,
- includes commercial activities and/or sale, without prior written approval of the Company, such as contests, lotteries with prizes in goods and services, exchanges, advertising or pyramid schemes,
- includes photos or videos of other persons, published without the person’s consent, or
- violates the rights to privacy, public disclosure rights, rights to protection against slander, copyrights, trademark rights, contract rights, or any other personal rights.
The following are the examples, without limitations of any kind, of activities that are restricted or prohibited on the Platform:
- criminal or delinquent activities, including child pornography or eroticism, fraud, distribution of pornographic content, distribution or use of drugs, gambling, harassment, stalking, “spam“, pyramid schemes, Ponzi schemes, sending viruses or other harmful files, violation of copyrights, patent infringement or trade secret theft;
- advertising or offering users to buy or sell any products or services through unauthorized or unlawful mode of using the Platform;
- circumventing or modifying (or an attempt to circumvent or modify), as well as encouraging or assisting other persons in circumventing or modifying, any of the security technologies or software which are part of the Platform;
- falsifying TCP/IP packet header or any other piece of the header information in any publication and/or otherwise using the Platform to send altered, fraudulent or wrongful information identifying the source;
- activities involving the use of viruses, bots, worms or other computer codes, files or programs which interrupt, destroy, or restrict computer software or hardware operation or in any other way permit the unauthorized use of or access to computer/computer network;
- interfering with access to the Platform of any user, host, or network;
- obscuring or blurring advertising through banners or other graphic elements on the user’s profile page or any other page of the Platform via HTML/CSS or any other way;
- activating HTML, CSS, or any other coding on the user’s profile page, including, but not limited to, all the hidden or otherwise secretly contained codes in submitted content that is not related to the nature of the submitted content;
- any automatic use of the system, such as, but not limited to, the use of scripts for sending images or videos;
- interfering with, interrupting, or creating unnecessary load to the Platform, or the network, or services connected with the Platform;
- imitating or attempting to imitate a legal or natural person;
- using access data/login or username of another user at any time or giving a password and/or permission to third parties to access a user account that is not their own;
- selling or otherwise transferring a user profile;
- using information obtained from the Platform to harass, abuse, or injure a person and/or attempting to do so;
- banned commercial advertisement on a user profile, or accepting payment or anything of value from third parties in exchange for performing commercial activities through unauthorized or illegal use of the Platform on behalf of that party;
- deleting or otherwise altering the notices on copyrights, trademarks, or other proprietary rights which appear on the user’s content, unless it is content posted by the user;
- use of meta tags or other hidden text or metadata using Company name, trademark, URL address, or product name without the prior explicit permission of the Company;
- attempting to examine, scan, or test the vulnerability of any part of the Platform or to violate any security or authentication measures;
- collecting or storing personal data on other users without their express approval;
- imitating or misrepresenting the connection with a person, through a pre-sent text or other forms of social engineering and/or kinds of fraud;
- using IT services in a manner that is inconsistent with any applicable laws and regulations, or violation of the Platform and/or network security.
To avoid abuse of the Platform, the User must confirm that he/she agrees to continue the process of searching for the nearest Partner. In the intermediate step, the User has the right to cancel the service request; if he/she agrees, the Platform will automatically search for the nearest Partner.
If the User agrees and requests the service, and receives a confirmation from the Partner, and then cancels the service by phone, the Company reserves the right to consider as used the service which is ordered but not used. This service will be automatically removed from the selected user package.
The Company is entitled, but not under obligation, to monitor all user activities and user content associated with the Platform. The Company may inspect all reported violations of its Guidelines and other reports and may undertake any legal or technical steps it deems appropriate. The Company will examine the circumstances that can include these violations and may call for cooperation and cooperation with competent state authorities during the identification, investigation, and, specifically, criminal prosecution of the persons involved in this violation of the Guidelines, namely breaking of the law.
The Company reserves the discretionary right to use all legal means, including, but not limited to, the removal of the user account and user content, as well as to immediately suspend all services of the Company used by the User, in the event of any violation of these Terms or when the Company is not able to verify or confirm the information sent by the User to the Company.
The Company reserves the discretionary right to prevent the User from using the road assistance package in case there was an abuse of the package, and especially to deactivate the package without the possibility of any refund to the User or to limit the package in terms of service content or duration and/or extension.
XI – LIMITATION OF LIABILITY
The Users use the Platform solely at their own risk. The Users expressly agree that the Company cannot be held responsible for the conduct of other users or third parties and that the risk of possible damage is borne entirely by those persons, following the applicable legislation of the respective country.
Except in case of intent or gross negligence, the Company is not liable for possible temporary unavailability of the Platform, or its partial or complete non-functioning or malfunction. The Company is not liable for technical problems that could lead to delays or incorrect processing of electronic data, including the system clock. Internet service providers are responsible for the abovementioned. The Company does not guarantee whatsoever the operation of the Platform on non-standard equipment and/or non-standard devices, or on non-standard operating systems and/or software.
The service may be temporarily unavailable or available to a limited extent, as a result of regular or extraordinary Platform maintenance, namely in the event of improving the Platform.
XII – SUB APPLICATION
The Company has the right, but not the obligation, to present through the Platform, in addition to its services, other services of third persons, such as banks or insurance companies (hereinafter: Sub application).
The rights and obligations concerning the potential use of Sub application by the User may be subject to other conditions of use, following the law, of which the User is especially notified and to which he/she gives special consent.
XIII – RESOLUTION OF COMPLAINTS
The User is entitled to address the Company with a complaint about the work of the Professional, more precisely, the adequacy of services provided by the Professional, and such complaints are examined by the Company. Furthermore, the Company reviews the complaints of the Professionals about the conduct and actions of the Users.
The User can file a complaint with the Company about any segment and/or part of the service the Professional has provided that the User considers as inadequate or when damage has ensued, even though the Company is not held accountable for the damage caused to the User by the Professional.
The Professional can lodge a complaint with the Company about any conduct or actions of the User that the Professional regards as inadequate or which have produced damage, even though the Company is not liable for the damage caused to the Professional by the User.
If such possibilities exist, the Company will contact the other party regarding the complaint and try to mediate in the peaceful resolution of the complaint, however, if this fails, the Company will direct the complaining party to exercise their rights through court or other means available to that party.
Notwithstanding the previous paragraph of this Article, the Company reserves the right to terminate any cooperation with the Professional as the result of the inability to resolve the User’s complaint amicably or as a result of the number of complaints against a single Professional, or to stop providing services to the User as a result of the inability to resolve the Professional’s complaint in a friendly manner.
XIV – JURISDICTION AND SETTLEMENT OF DISPUTES
The positive regulations shall apply to all the disputes that may arise between the Company and the User concerning the use of the Platform. The Company and the User undertake to attempt an amicable settlement of the dispute, and should they fail to do so, the courts in the respective country shall have competence. In the event of a consumer dispute with a citizen of the respective country, the jurisdiction shall be determined under the Law which regulates consumer protection in that country.
The Company shall in no way be the mediator or the participant in any lawsuit which may arise between two or more Platform Users or a User and a Professional unless bound by the law as the compulsory joinder party.
XV – TRANSITIONAL AND FINAL PROVISIONS
In Amsterdam, on 24.10.2022
Published on 24.10.2022
Commencement on 01.11.2022
VOZZi Operations BV
Vladimir Šijaković, Director