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General Terms & Conditions for Corporate customers

Last Updated: Jul 03, 2017 03:55PM CEST
General Terms & Conditions for ADLER Mobility, s.r.o. for Corporate customers
 
ADLER Mobility, s.r.o. registered at Truhlarska 15, 100 01 Prague, ID No. 29138787, registered in the Commercial Register maintained with the Municipal Court in Prague, insert C 203226 or its‘ affiliates (hereinafter referred to as “LIFTAGO“) with which the relevant contract referring to these General Terms & Conditions for Corporate customers (hereinafter referred to as “GTCCc“) is concluded, is, among others, the operator of the platform for optimization of municipal mobility under the name LIFTAGO.
 
These GTCCc govern contractual relationships and rights and obligations (Terms & Conditions) between LIFTAGO and its‘ contractual partner, a corporate customer (hereinafter referred to as “Corporate customer“) which is a company requesting, for its‘ employees and eventually for its‘ business partners (both hereinafter referred to as “Authorized person“), services of personal transportation – taxi services mediated through an application LIFTAGO (hereinafter referred to as “Application LIFTAGO“) and provided by independent contractual business partners of LIFTAGO (hereinafter referred to as “Transportation provider“). For the avoidance of any doubt, the subject of the contract is not utilizing of transportation means of LIFTAGO, or any other transportation services of LIFTAGO, by Corporate customer.
 
These GTCCc are applicable together with the content of the contract which refers to them, concluded, for example, by accepting and submitting of the online form by a representative of the Corporate customer (hereinafter referred to as “Contract“) and furthermore together with other applicable legal documents, particularly with the current version of the Global Terms & Conditions for ADLER Mobility, s.r.o., available at https://www.liftago.com/legal (hereinafter referred to as “GTC“). In the event of discrepancy between these GTCCc and the Contract, provisions of the Contract prevail. In the event of discrepancy between these GTCCc and GTC, provisions of these GTCCc prevail.
 
1. Subject of cooperation of Corporate customer and LIFTAGO
On the basis of a registration of the Corporate customer in the System (as the System is defined below), LIFTAGO shall provide to the Corporate customer a service of aggregation of payments for services of Transportation providers (rides for invoice) and other services of the System, such as an access to the statistics of rides and administration. The Corporate customer shall pay for individual services, particularly pay fare which belongs to Transportation providers, individually after the end of the respective ride or according to the arrangement with LIFTAGO, eventually retrospectively on the basis of invoices issued by LIFTAGO.
 
2. Administrator
An administrator is a natural person designated as such by a Corporate customer during the registration of the Corporate customer with LIFTAGO; a communication with the
 
Administrator is accepted by LIFTAGO when conducted by any means which assure the integrity of data and the identification of the originator of the communication, particularly through the form of setting in the administration interface LIFTAGO (hereinafter referred to as “System“) under login of the Administrator.
The Administrator receives by e-mail, among others, a tax document – invoice for rides by Authorized person in a given time period (usually in the previous calendar month). A copy of the invoice shall be sent by LIFTAGO also to the e-mail address filled for this purpose in the System by a Corporate customer during registration. (hereinafter referred to as “Billing e-mail of Corporate customer“)
 
An Administrator will always be provided by LIFTAGO also with the monthly electronic structured list of rides, including the identification of the Authorized person, information about the ride (from where, to where, when), the price of the ride and given tips, after ending of the respective time period.
 
A Corporate customer is obliged to (i) keep access information of the Administrator to the System confidential, (ii) to allow the access to the System only to the Administrator and (iii) keep updated, correct and complete all information regarding registration of the Corporate customer and of the Administrator in the System. The Corporate customer is answerable for all activities conducted in the System through the account of the Administrator when access information of the Administrator was used to login to the System.
 
3. Authorized person
 
An Authorized person is a natural person designated as such by an Administrator in the System and in the list of Authorized persons, who may use services of Transportation providers mediated by LIFTAGO on the account of the Corporate customer (hereinafter referred to as “List of Authorized persons“). The Administrator designates the Authorized person by filling his/her (i) full name, (ii) e-mail address within the domain of the Corporate customer (i.e. name@corporation.cz), (iii) phone number and eventually (iv) cost centre of the Corporate customer (hereinafter referred to as “Reference information“).
 
A Corporate customer is obliged to secure through the Administrator that Reference information is correct, accurate and complete. LIFTAGO is not answerable for incorrect, inaccurate or incomplete Reference information, nor for any possible caused damages to the Corporate customer, Authorized person or any other person, which could be caused by providing incorrect, inaccurate or incomplete Reference information.
 
A Corporate customer shall maintain the list of Authorized persons. LIFTAGO reserves the right to check the list of Authorized persons of the Corporate customer in order to (i) provide support, project management and development of Application LIFTAGO, (ii) revise the quality of services provided by Transportation providers mediated by LIFTAGO and (iii) revise compliance of the activities of the Corporate customer, the Administrator and Authorized persons with these GTCCc.
 
A Corporate customer acknowledges that an Authorized person may start to use services of Transportation providers mediated by LIFTAGO, on the account of the Corporate customer, only in case that (i) he/she registers his/her account in Application LIFTAGO under the phone
number which was designated by Corporate customer to be the phone number of the Authorized person (hereinafter referred to as “Passenger account“) and (ii) the Authorized person accepts relevant contractual documents which cause the activation of personal profile of the Authorized person (hereinafter referred to as “Personal profile“) and (iii) accepts the activation of the company profile connected with his/her Corporate customer (hereinafter referred to as “Corporate profile“).
 
On the basis of activation of a Corporate profile in a Passenger account registered by an Authorized person with LIFTAGO, such Authorized person gains an opportunity of choice during each order of a service of a Transportation provider mediated by LIFTAGO to apply the payment for such ordered and used service through his/her Personal account (hereinafter referred to as “Personal ride“) from his/her financial means or through his/her Corporate profile (hereinafter referred to as “Corporate ride“) on the account of Corporate customer.
 
Authorized persons can be removed from the List of Authorized persons in the System by Administrator; since the moment of removing of the Authorized person form the List of Authorized persons, the Corporate account of such Authorized person is deactivated and his/her right to use services of Transportation providers mediated by LIFTAGO, and on the account of Corporate customer, expires. Removing of the Authorized person from the List of Authorized persons does not affect the choice of the Authorized person to use services of Transportation providers mediated by LIFTAGO through his/her Personal account.
 
LIFTAGO reserves the right, solely upon its‘ discretion, to restrict or terminate the access of an Authorized person to services of Transportation providers mediated by LIFTAGO, particularly in case of a breach of contractual document such as GTC, GTCCc etc.
 
4. Liability for activities of Authorized person
 
A Corporate customer is liable for all uses of services of Transportation providers mediated by LIFTAGO by an Authorized person through his/her Corporate profile, Passenger account of the Authorized person while the Authorized person is on the List of Authorized persons nevertheless if such use was authorised or not by the Corporate customer or Authorized person.
 
A Corporate customer is liable for uses of services of Transportation providers mediated by LIFTAGO by Authorized person during the time period, when the Authorized person was on the List of Authorized persons and services of Transportation providers mediated by LIFTAGO were used fraudulently or through an activity prohibited to an Authorized person. The Corporate customer shall inform LIFTAGO about noticed fraudulent or prohibited activity by the Authorized person, which was conducted through Corporate profile of this Authorized person, without any delay.
 
5. Billing
 
On the basis of a request of an Administrator in the System, LIFTAGO approves a credit limit of a Corporate customer, in another words a maximum aggregated amount of fare (hereinafter referred to as “Limit“) which the Corporate customer has right to use before retroactive payment of the relevant invoice. LIFTAGO reserves the right to assign, change or terminate the Limit solely upon its’ discretion.
 
In the event that a Corporate customer reaches the Limit or if a Limit has not been assigned to the Corporate customer or the Limit of the Corporate customer was terminated by LIFTAGO, the Corporate customer shall choose the amount of pre-payment in order to continue to use services of LIFTAGO by Authorized persons. LIFTAGO shall issue a proforma invoice for such amount of pre-payment and the Corporate customer shall pay the invoiced amount. This paid amount, lowered by eventual amount of the eventual due obligations of the Corporate customer to LIFTAGO, is the credit balance for use of services.
 
The Administrator shall be informed by e-mail that reaching of the Limit is approaching or that the Limit has been already reached. LIFTAGO shall always issue a tax document – invoice after ending of agreed time period (usually one calendar month) retrospectively for the relevant time period – an invoice for consumed fare.
 
The fare for individual Transportation provider shall be reinvoiced by LIFTAGO in the following manner:
 
- if the Transportation provider is a VAT payer, the reinvoiced amount shall be the tax base including relevant VAT;
 
- if the Transportation provider is not a VAT payer, the reinvoiced amount shall be the whole price including VAT increased by the VAT on the side of LIFTAGO, if applicable.
 
The maturity of invoices issued by the Company LIFTAGO is 14 days after the invoice date. The invoice is paid by crediting funds to the account of the Company LIFTAGO.
 
6. Right to use the System
 
LIFTAGO grants a right to a Corporate customer to use the System through the web interface by a Contract. This granting of right to use is non-exclusive for worldwide territory and for unlimited number of uses, for purposes of the Contract (particularly not for use by third parties for business or for undertaking of the Corporate customer as a dispatching of taxis etc.) and is limited for the duration of the Contract.
 
Other matters concerning the use of the System are governed by GTC.
 
This granting of right is provided free of charge, unless agreed otherwise.
 
LIFTAGO reserves the right to adjust or significantly change functions and functionalities of the System.
 
7. Warranties
 
LIFTAGO declares and Corporate customer acknowledges and agrees that any services, particularly services of the System, are provided without any warranties and that mentioned services has been still in development and may have considerable defects.
 
LIFTAGO does not provide any warranties regarding the quality or accessibility of mentioned services which has been provided by LIFTAGO according to the Contract.
 
Other warranties, declarations and exceptions from them are stated in GTC.
 
8. Duration of the Contract
 
The Contract is concluded for an indefinite period of time.
 
Each contracting party can terminate the Contract in writing with a notice period of 30 calendar days.
LIFTAGO reserves the right to, solely upon its‘ discretion, restrict or terminate the access of a Corporate customer to the System and to deactivate Corporate accounts of all Authorized persons in a case that the Corporate customer does not perform duly its‘ duties under the Contract, particularly in a case that Corporate customer has been delayed with payment to LIFTAGO.
 
Reactivation of the access of the Corporate customer to the System, and with it connected reactivation of Corporate accounts of Authorized persons after full payment of all unpaid debts of Corporate customer to LIFTAGO, is solely at discretion of LIFTAGO.
 
Termination of the Contract does not affect provisions of chapters 4, 5 and 9 of these GTCCc.
 
9. Personal information
 
Personal information of LIFTAGO, a Corporate customer, Authorized persons and Transportation providers shall be used by the second party solely for purposes of performance of the Contract and shall not be disclosed a third party, if it is not necessary for the performance of purposes of the Contract (i.e. providing of identification of the Transportation provider to the Authorized person for purposes of transportation and vice versa etc.)
Personal information will be stored in accordance with legal regulations of the Czech Republic, particularly with Act No. 101/2000 Coll., on the Protection of Personal information, as amended (hereinafter referred to as “ZOOU“). Contracting parties grant to each other consent with use of Personal information to the extent necessary for performing of the Contract, i.e. particularly name, surname, business name, phone number, email and address of Authorized persons, conducted rides and identification of Transportation providers.
 
Each contracting party is obliged to fulfil all its‘ obligations according to ZOOU with regard to information which provides to the second party, particularly to secure consents of subjects with processing of Personal information with such processing, including with processing of Personal information, including sensitive information (hereinafter referred to as “Personal information“) for purposes of performing of the Contract and to perform relevant actions towards the Office for Personal Information Protection.
 
Contracting parties shall adopt such measures, so that unauthorized or accidental access to Personal information or its‘ change, destruction or loss, unauthorized transfer or other unauthorised processing or any other misuse could not occur. This obligation persists also after the end of processing of Personal information.
 
Both parties are obliged to process and record adopted and implemented technical and organizational measures for securing of Personal information in accordance with ZOOU and other legal regulations. Each party with relation to received information ensures, checks and is liable for:
 
(a)fulfilling of orders for the processing of Personal information by persons who have immediate access to personal information,
 
(b) preventing of unauthorized persons to access Personal information and the means for their processing,
(c) preventing the unauthorized reading, creating, copying, transferring, modifying or deleting of records containing Personal information,
 
(d) measures that will identify and verify to whom Personal information was transmitted,
 
(e) ensuring that systems for automatic processing of Personal information will be used only by authorized persons,
 
(f) ensuring that natural persons authorized to use the systems for automatic processing of Personal information have access only to Personal information according to the authorization of these persons, on the basis of specific user authorizations established exclusively for these persons,
 
(g) making of electronic records that will identify and verify when, by whom and why Personal information was recorded or otherwise processed and
 
(h) preventing of unauthorized access to data carriers.
 
10. Final provisions
 
These GTCCc are effective since June 1, 2016.
 
LIFTAGO reserves the right to unilaterally change these GTCCc within reasonable extent. A Corporate customer shall be informed about such change by displaying the change in the System and also via e-mail at least 14 days before the change becomes effective. The Corporate customer has the right to refuse the change of GTCCc until 7 days before the change becomes effective and in such a case, the Corporate customer is obliged to terminate the Contract. In this case, the termination period shall be 7 days and in any event lapsed 1 day before new GTCCc becomes effective, at latest.
 
The Contract and these GTCCc shall be governed by the laws of the Czech Republic without regard to principles of conflicts of law.
 
The exclusive means of resolving any dispute or claim arising from or relating to the Contract (including any alleged breach thereof) shall be binding arbitration administered by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court.
 
 

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