Terms of service

1.     Preliminary terms

1.     This ToS, hereinafter referred to as the Terms of Service defines the rules of use of www.brumbrum.pl and rights and obligations of the Administrator as well as Users of this Service.

2.     Brum-Brum Service is a portal which exclusive purpose is to build a community of people travelling together within the European Union. The Service enables Users searching for persons in order to have a common journey on a given route.

3.     The condition to use the Service is to know and accept this ToS. By accepting ToS, every Service User agrees to conform to it. ToS is accepted at the time of first use of the Service.

4.     The User agrees to use the Service in accordance with ToS, integral parts thereof and the common provisions of law.

5.     The User may openly access the contents of ToS, acquire it, store it and record it.

 

2.     Definitions

1.     Service, Brum-Brum Service, Brum-Brum.pl – Web Service available at web address: www.brumbrum.pl.

2.     Administrator - Brum-Brum ul. Puławska 132 lok. 12, 02-620 Warszawa, NIP 5591963772

3.     User – any person using the Services performer under the activity of the Service on the rules specified in ToS, where the User is understood as the User making available its seat and the User looking for the seat.

4.     User making available its seat – the User who offers a seat in its car for common journey on a given route;

5.     User looking for a free seat – the User who is interested in having a common journey on a given route with the User making available its seat;

6.     Registration – the procedure consisting in providing by the User its personal and contact data by the registration form available at the Service;

7.     Account – User’s profile in the Service enabling its access to its personal data, lists of offered journeys and other information and operation useful when using the Service;

8.     Services – any services rendered under the Service in favour of the User;

9.     Pricelist – pricelist of services rendered under the Service, being an integral part of this ToS.

 

3.     Services rendered under the Service

1.     Under the Service the following services are to be rendered:

1.     Searching for offers of travel submitted by drivers;

2.     Adding own offers of travel.

2.  The Service reserves the right to change the content and structure of the Service at any time. This applies also to creation of new functions or cancelling the provision of specific services.

3. In respect of provision of the Services referred to in par. 1, the Service collects a fee whose amount is specified in the Pricelist.

 

 

4. Terms and conditions of use of Service

1.     The Agreement for provision of services made between the Service and the User is effective when the User registers and creates an account in the Service.

2.     The User may register via the registration forum available on the home page of the Service or by using Facebook community portal.

3.     Completing and submitting the registration form the User states that:

1.     The information are complete, true and infringe no rights of any third parties.

2.     It is fully capable to perform acts in law and may conclude an agreement for electronic provision of services.

4.     The activation of the User’s account is equivalent to conclusion between the User and the Service an agreement for provision of services on the rules arising from provisions herein.

5.     The User may have only one Account in the Service.

6.     The User accesses its Account by e-mail address provided during registration and by the access code. The User shall not disclose to any third person its access code and is exclusively liable for any damages made if this access code is disclosed.

7.     The User have an uninterrupted access to its personal data and may edit or change it freely. In case of change of this data the User shall update it before the next use of the Service.

8.     The Service performs no verification of personal data provided by the User and is not liable for any consequences of giving untrue or invalid data. Where the Service finds itself in obtainment of reliable information that the data provided during registration are untrue or to prejudice of rights of any third parties, the Service may refuse to create or block the User’s account with the Administrator being required to inform the User on the reason for such refusal.

9.     The User is liable to any third parties in respect of use of the Service.

10.  The Service may refuse to register the User if:

1.     The purpose of registration clearly contradicts the principles and purpose of operation of the Service;

2.     The User’s activity contradicts the accepted customs, promotes violence or crime and also when it violates any rights of third parties;

3.     The User has committed a gross violation of this ToS or any rights of third parties, including other Service Users.

11.  The Service will inform the User on the suspension or deletion of the User’s Account by sending a message to the e-mail address provided during registration.

12.  The Use of Service in a manner contrary to good customs and violating this ToS is forbidden.

13.  The User may submit to the Service Administrator a request to remove its personal data, which will cause the removal of its Account.

 

5.     Rules of booking of transfers

 

1.     At the time of registration in the Service the User may use the Service by adding offers of transfer as the User making available its seat or the User looking for a free seat as well as by adding queries about common transfer.

2.     When creating an offer of common transfer the User making available its seat is required to give at least: the route, date and hour of transfer, number of offered seats. By creating an offer of common transfer the User making available its seat may select in route options that it requires from the User looking for a free seat through the Service to have a valid insurance for the transfer.

3.     The User making available its seat is required to pay the Service fee whose amount is specified in the Pricelist.

4.     In addition to the above fee the User making available its seat may use the Service in respect of purchase of insurance for the transfer. The terms and rules of transfer insurance are defined by …..

5.     The User is not allowed without an explicit consent of the Service confirmed in the form of e-mail any offers of transfers in vehicles with allowable number of passengers of more than 7 (e.g. buses, coaches, etc.)

6.     The User looking for a free space is required to give at least: the route, data and preferred hour of transfer.

7.     Any offer of transfer published by the Service will contain the following information: route, date and hour of departure from the departure point of the route, number of seats offered, transfer fee composed of the following charges – cost of travel calculated based on fuel consumption and mean fuel price + service cost (PLN 1.10 + 10% of travel cost) and any insurance fee. The detailed information on the amount and manner of calculation of above sums is defined in the Pricelist.

8.     The transfer fee is paid via a payment system.

9.     The Service enables Users looking for a free space to book a seat in the vehicle of the User making available its seat by choosing an offer and sending a query to the User making available its seat.

10.  The User making available its seat shall immediately and not later than 24h before the travel confirm or dismiss the booking query sent by the User looking for a free space using an appropriate function in the Service. The booking takes place when the User making available its seat accepts the booking query. In case when the booking query is not accepted by the User making available its seat in the said time limit or it is dismissed, the booking is not effective.

11.  When the User making available its seat cancels the transfer at least 24 hours before the appointed data of transfer, the User making available its seat is entitled to have the insurance fee paid by the User making available its seat returned and the User looking for a free seat is entitled to have its transfer fee returned.

12.  Where the User making available its seat cancels the transfer less than 24 hours before the set transfer data only the User looking for a free seat is entitled to have its transfer fee returned.

13.  Where the User looking for a free seat cancels the transfer at least 24 hours before the set transfer date, only the insurance fee and the transfer fee paid by the User looking for a free seat will be returned.

14.  Where the User making available its seat cancels the transfer less than 24 hours before the set transfer date, only the insurance fee paid by the User looking for a free seat is to be returned.

15.  All the content and data regarding offers of common travel come only from individual Users. Every User shall care for content thereof and is liable therefor.

16.  The User can record in its profile any information concerning common travel and agrees that this data is made available to other Users. Contact with other Users is allowed only for the purpose of arrangement of common transfers.

17.  The Service is only a platform connecting the Users and settles no complaints or any claims and will not decide in any disputes between the Users in respect of common travel.

 

6.     Rules of common travel

1.     The Users should arrive at the arranged place five minutes before the agreed departure time.

2.     The Users agree to wait at the arranged place for any other appointed User for 15 minutes after the arranged time.

3.     In case when the User is late other Users shall contact the party by phone calling at the provided phone number. This should be done at latest when the User is late.

4.     In case when the User making available its seat fails to arrive within the arranged additional time, the User may inform the Service on this fact.

 

7.     Personal data protection


1.     At registration in the Service the User provides the following personal data – e-mail address, name, surname, address of residence, contact phone number.

2.     By registration in the Service the User agrees to:

a.     Process, collect, record, store, develop, share and remove any personal data of the User by the Administrator as needed for operation of the Service in a manner specified by the ToS;

b.     Process, collect, record, store, develop, share and remove any personal data of the User by the Administrator for marketing and statistical purposes;

c.      Process, collect, record, store, develop, share and remove any personal data of the User for advertising, researching of market and behaviours and preferences of customers with the results of this research intended for improvement of quality of services provided under the Service.

3.     The Administrator will not transfer, sell, give for use or in any other manner share the collected data of Users to other persons or bodies unless at an explicit consent or request of the User this data refers to or at a request of authorised state authorities for the needs of civil proceedings.

4.     In reasonable cases the Administrator may made available to law enforcement authorities any User’s data and information on the transfer route which the User agrees to.

5.     The User agrees to have on the provided e-mail address or phone number communicated any technical information from the Administrator and any other data regarding operation of the Service.

6.     The detailed rules of personal protection used by the Service are defined by the Privacy Policy.



8.     User’s rights and obligations

1.     It is unacceptable if the User publishes any content contradictory to law, promoting racial, religious, ethnic, gender hatred or in respect of other differences, or propagating violence and damaging personal rights of other persons, or other content having sings of criminal offence;

2.     It is unacceptable if the User publishes any content recognised commonly as morally reprehensible, socially improper or in contrary to principles of good conduct as well as if the User falsely represent itself as other person.

3.     It is unacceptable to publish by the User any content or photos protected by copyright – without consent of their authors.

4.     It is unacceptable to publish by the User any advertising and/or commercial materials – without consent of the Administrator.

5.     Any activities aimed at blocking the operation of the Service or at least hindering its use are not allowed as well as any activities affecting the structure and logistics of services provided by the Service.

6.     Any automatic data capture methods such as crawling and scraping are not allowed as well as software or script mechanisms.

7.     The User is not allowed to use the Service contrary to law and purpose of the Service. The software and any data published under provision of services of the Service can be used only in relation to offer of common travel available in the Service. Copying of data made available in the Service is forbidden.

8.     Contact data provided by the User can be used by other Users only to establish contact for the purpose of common travel. Registration of any third parties in the Service without their knowledge and consent is forbidden.

9.     The Service reserves itself the right to delete any content published by the Users and Users’ accounts that are contrary to law and provisions of this ToS.

 

9. Service liability

1.     Any User making available free seat transfers the User looking for a free seat at its own behalf and risk.

2.     The Service is not a party to any agreements made by the Users whose object is common travel and bears no liability in respect of damage occurred in relation to improper performance or failure to perform thereof.

3.     The Service is not liable in case of any damage on person or property incurred by the Users and arising during common travel and in case of other damage arising from the provisions of law, in particular the Service is not liable for any injury on health or life loss as a result of a road accident or any other random event during common travel as well as for any damage occurred as a result of forbidden act made by the Users and also for theft or devastation or property during common travel.

4.     The User agrees to observe traffic rules contained in the Road Traffic Law (JoL 1997, no 98 item 602 of 20 June 1997 with later amendments) during transfers conducted as a result of finding companions through the Service.

5.     Any User making available a free seat shall have a valid public liability insurance for mechanical vehicle it uses for the travel.

 

10.  Complaints

1.     Any complaints of improper operation of the Service and services provided by the Service may be sent by e-mail to the Service’s e-mail address: reklamacje@brumbrum.pl.

2.     The Service will consider any submitted complaint within 14 days. The manner of consideration of a complaint will be sent to the User to the provided e-mail address.

 

11.  Duration of agreement

1.     The Agreement between the User and the Service in respect of services provided by the Service is concluded for an indefinite time. Both the User and the Service may terminate it at any time with notice of one day. In order to terminate the agreement please send your request for cancellation of account to reklamacje@brumbrum.pl.

2.     the Service may terminate the Agreement immediately if the User somehow violates the Terms of Service, in particular published in the Service any content contrary to the ToS and failed to remove it in time specified in the warning send by the Service or recommitted the violation it has already been warned of. The Service may apply additional penalty in case of violation of ToS by blocking an access of the User to one or more Service’s functions on which the User will be informed to the provided e-mail address.

3.     In case of termination of Agreement or applying limitations of use to the User, the User’s data and its profile (account) will be removed after 6 months from termination thereof. For this period the User’s data will be stored only to, if necessary, prove violation of ToS.

 

12.  Copyright

1.     The Administrator has all the rights to the Service.

2.     The Administrator is entitled to proprietary copyrights to graphic elements of the Service, content contained in news and other places in the Service.

3.     It is not allowed to copy, reproduce or send in any form and any manner by the User or any third person any graphic elements or content contained in the news and other places in the Service – without written consent of the Administrator.

 

13.  Information on cookies

1.     The Service uses cookies files.

2.     Cookies files are IT data, in particular text files that are stored in the end device of the Service’s User and are intended for use from webpages of the Service. Files of this type usually contain the name of the website which they are from, time of storage on the end device and a unique number.

3.     The entity that publishes cookies files on the end device of the Service’s User and having access to them is the Service Administrator or cooperating entities.

4.     Cookies files are used for the following:

1.                 Creation of anonymous statistics that help to understand how the Service’s Users use the webpages which allows for improvement of their structure and content;

2.                 Maintaining Service’s User session (after logging) thanks to which the User need not to enter its login and password on every webpage;

3.                 Defining User’s profile in order to display customised material in advertising networks, in particular Google.

5.     Under the Service two basic types of cookies files are used: session cookies and persistent cookies. Session cookies are temporary files stored in the User’s end device until it logs out, leaves the website or closes the software (web browser). Persistent cookies are stored in the User’s end device for time specified in cookies parameters or until removal thereof by the User.

6.     Software for browsing websites (web browser) usually by default enables storage of cookies files in the User’s end device. The Service Users may change settings in this respect. A web browser enables removal of cookies files. It is also possible to automatically block cookies files. Detailed information on this is included in support or documentation of a web browser.

7.     Limitations of use of cookies files may affect some functionalities available on webpages of the Service.

8.     Cookies files stored in the end device of the Service User can be also used by advertisers and partners as well as payment operators cooperating with the Service operator.

9.     Should the User disagree to receive cookies files it may change the web browser settings. Disabling service of cookies files necessary for the processes of authentication, protection and saving preferences of the User may impede and in extreme cases disable the use of webpages.

 

14.  Final provisions

1.     By accepting this ToS the User consents to receive electronically any information regarding operation of the Service.

2.     In cases not governed by ToS the provisions of Polish law shall be applicable.

3.     ToS is effective when it is published on the website. Any changes to ToS are effective after being published on the website and sending notice by electronic mail to the User by the Service Administrator on any changes made.

4.     Any queries, opinions and requests regarding operation of the Service and statements to the Administrator should be sent to the Service’s e-mail address.

 

 

 

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