This document details the Company’s practice regarding the operation and use of the Toll Shop application domain (hereinafter referred to generically as the App), with the aim of informing users on this subject.

The App is used to enable users to purchase vignettes from the countries listed on the order form at a price that is as favourable as possible to them in relation to the applicable exchange rate, without having to enter the identification data of the user, the vehicle and the cardholder with which payment is made at each purchase. Therefore, the App does not have the role of informing users about traffic data, their legal obligations, the practice of the authorities competent to issue or check vignettes, nor does it have the role of providing technical support in the event of purchasing a vignette for one of the countries not listed in the order form.

By using the App, you acknowledge that you have read and agree to the Cookies Policy, the Privacy and Data Protection Policy and these Terms and Conditions.

Contents:

1. Identification of the company
2. Contact data
3. Acceptance by the App user of the application of these Terms and Conditions
4. Conclusion of the sale-purchase contract. Transmission of the vignette
5. Price
6. Return policy of the total price paid by the user
7. Liability of the Company
8. Intellectual property rights of the Company
9. Liability of the users
10. Force majeure
11. Personal data
12. Collection of data
13. Amendment of the applicable conditions
14. Third parties’ websites/apps
15. Security
16. Confidentiality
17. Applicable law and solving of issues
18. Final provisions

1. Identification of the company

LOCATOR BG LTD (hereinafter referred to as the Company)

Headquarters: 1421 Ivan Vazov, Sofia, Bulgaria, bul. “Petko Karavelov” 5, Floor 1, Office No. 3

Unified ID Code (UIC): 201448898

VAT ID Number: BG201448898

Email: info@locatorbg.com

2. Contact data

The contact details that the user of the App can use to send any requests, notifications or complaints regarding these Terms and Conditions, the Privacy and Data Protection Policy, the Cookies Policy, as well as with any other information published in the App, policies or operations carried out by the Company, are indicated at point 1 above.

The deadline for the Company to send a response is no later than 30 days after receipt of the request.

3. Acceptance by the App user of the application of these Terms and Conditions

These Terms and Conditions are undertook by the Company and by the users of the App (i.e. You).

Accordingly, the use of the App by the users automatically implies acceptance of all of the following and the policies referenced herein (where the law does not require additional steps to be taken to express acceptance), as well as assumption of the obligation that they have the full and free right and ability to access the App, place orders to obtain vignettes, create user accounts and provide information to the Company.

IF, HOWEVER, THE USER DOES NOT ACCEPT OR AGREE IN FULL TO THE TERMS AND CONDITIONS OR OTHER POLICIES DISPLAYED, PLEASE DO NOT USE THE APP, CREATE A USER ACCOUNT, PURCHASE VIGNETTES USING THE APP OR SUBSCRIBE TO NEWSLETTERS.

4. Conclusion of the sale-purchase contract. Transmission of the vignette

The user of the App can access it without creating a user account and without being obliged to purchase a vignette.

However, the user may, if he/she wishes, create an account, without this being obligatory for the purchase of a vignette. The creation of such an account will not automatically lead to the conclusion of a contract for the sale-purchase of the vignette, but it will have the great advantage of not having to fill in all the details of the vehicle for which the vignette is being obtained each time it is purchased.

Furthermore, the App does not offer the possibility to purchase vignettes for all countries in the world, but only for countries that can be chosen from the automatic list (situations where the Company is an operator or partner of an operator). Consequently, if a user wishes to purchase a vignette for a country where the Company is not an operator or partner of an operator, the App will provide details on how to purchase the vignette for that country.

If the user wishes to obtain a vignette for a country in which the Company is an operator, the user will be deemed to have submitted a specific purchase order when the “Payment” button is pressed at the end of the order and will be obliged to pay the total price indicated in the order summary immediately.

Before sending the actual order, the buyer can at any time view and/or modify the data sent, identify any errors at the time of entry and correct them before placing the order by pressing the order button.

Once the user has ticked the box “I confirm that all the information is correct and up to date” and clicked on the “invoice” button, the user will no longer be able to cancel the order placed and will be obliged to pay the price of the desired vignette and the Company’s fee as indicated in the App.

The Company’s obligation to send the vignette to the user shall arise when the total price indicated in the order summary is received.

If the User has clicked on the “Payment” button for the purchase of the vignette for one of the countries where the Company is the operator and has paid the total price indicated in the order summary, the Company shall take all necessary steps to obtain the vignette and send the vignette number to the e-mail address indicated by the user in the order form (if the user has not created an account on the App) or to display the vignette number in the user’s account (if the user has created an account on the App). The serial number can also be communicated directly by the authority issuing the vignette, but in any case the Company will also ensure communication as mentioned above. Therefore, the Company’s obligation to provide the vignette issued by the competent authority shall be deemed to have been fulfilled when the vignette series is sent to the email address indicated by the user in the order form (if the user has not created an account in the App) or when the vignette series is displayed in the user’s account (if the user has created an account in the App).

As soon as the vignette series is communicated/displayed in the user’s account, without any mention of a problem with its validity, the vignette is considered valid and the user may use it in compliance with the applicable legal provisions. If the user receives via email/on the account in the App the message “Vignette failed” (for reasons such as wrong filling in of machine data, technical problems at the issuing authority, etc.), the vignette will be considered as not issued and the money paid will be automatically refunded by the payment processor.

5. Price

The use of the App is free of charge when navigating through its options, as well as when the Company is not an operator in a specific country for which a vignette is to be purchased. Therefore, the only context in which a user will owe an amount to the Company is if he/she presses the “Pay” button for the vignette for one of the states in which the Company is the operator.

The total payment price is the one displayed in the App at the date and time the user places the order and in the summary of the order placed.

The total payment price will be indicated in the order form and will be paid when the order is placed, by indicating the card details via the Euplatesc platform. Thus, it is necessary for the user to fill in a form with the information of the card with which the payment is made, in the secure page of the payment processor.

The amount owed by the user when making a purchase from the App is made up of the price of the vignette plus the Company’s issuing fee displayed in the App at the moment of purchase, as will also be highlighted in the invoices sent to the email address indicated by the user in the order form and in the App. If the user receives the message “Vignette failed” by email/in the account in the App (for reasons such as wrong filling in of machine data, technical problems in the issuing authority, etc.), the vignette will be considered as not issued and the total price paid will be credited to the account used for payment as indicated at point 6 below.

6. Return policy of the total price paid by the user

The Company wants all users to be fully satisfied with the services offered through the App. Although the provision of the vignette shortly after payment by the competent authority is an action beyond the Company’s control, the Company undertakes to refund the full price received from the user for an order (representing the cost of the vignette and the Company’s commission, without deducting bank charges) in the situation indicated exhaustively below:

• the user receives by email/in the account in the App, the message “Vignette failed” for reasons that are not under the control of the Company or the user (such as technical problems at the issuing authority level) although he/she has paid the total price indicated in the order summary and the data filled in by him/her are correct

A situation which does not give rise to a right of return of the total price paid by the user will be one in which the user has entered incorrect identification data in the order placed via the Application (such as those relating to the vehicle, the validity period of the vignette, the state issuing the vignette, the user’s contact details or the payment).

For the refund of the price under the above conditions, no request from the user is necessary, as the Company will automatically make the return in the cases indicated above in this point 6.

The amount will be refunded to the account from which the full price was paid by the user, within 5 days from the date of receipt of the total price indicated in the order summary by the Company.

7. Liability of the Company

The Company makes continuous efforts to maintain the accuracy of the information displayed in the App.

However, we point out that there is a risk of untimely changes caused by decisions of the competent authorities or by applicable legislation, which may result, among other things, in the Company’s obligation to request additional data or clarifications from users, and the user to respond promptly to such requests.

There is also a risk that in the event of such changes, additional formalities may be required for the user to obtain the vignette or to carry out other steps for the use of the vignette (e.g. printing), but the Company shall have no liability (including information) or involvement in this respect and there shall be no valid reason to request a refund of the full price paid under point 6.

Thus, the Company does not offer any guarantee on issues such as:

• the existence of additional legal obligations of the users of the vignette,
• the practices of the competent authorities,
• the compatibility of the Application with the hardware and software used by the users;
• the effects of the use of the Application (including but not limited to the generation of viruses), as well as the full and trouble-free functioning of the App.

The Company shall be strictly liable in the situations set out in the following limitation:

• the purchase of the vignette desired by the user according to the order submitted, if the data entered allows a vignette to be issued and if the total price has been received

As a general rule, the vignette series is communicated within a few minutes of the total price being received by the Company. However, the Company cannot guarantee that a deadline will be met as the time required to issue the vignette is outside the Company’s control. Therefore, the Company assumes that it will make every effort to ensure that the series of the vignette purchased by the user is communicated within one hour from the time of issue by the competent authority, but cannot provide a guarantee in this respect;

Thus, the App does not offer the possibility of purchasing the vignette for all countries in the world, but only for countries that can be chosen from the automatic list (situations in which the Company is the operator). Consequently, if a user wishes to purchase the vignette for a country in which the Company is not the operator, he/she will be redirected to the page with information on how to purchase the vignette.

8. Intellectual property rights of the Company

The Company owns all intellectual property rights (including copyright) of the App, its name and any information contained in the App (including but not limited to service descriptions and policies).

Thus, the content and design of the App, as well as any other material related to the App, belong to the Company (the Company is the copyright holder) and are protected by intellectual property law. Accordingly, users of the App shall not act in any way that may infringe the Company’s rights and shall not use any sign or name similar or identical to the marks or names used by the Company in the App (including but not limited to “Toll Shop”).

The Company shall in no event be liable for any loss of use, contracts, data, goodwill, revenues or profits (whether considered direct claims or not) or any loss, damage or expense suffered by users arising out of or in connection with the rights concerning the App.

9. Liability of the users

The user is solely responsible for the choice of the vignette desired and for the information entered in the App (related to the account holder, the cardholder with which the payment for the vignette is made, the vehicle for which the vignette is obtained, the country for which the vignette is desired, etc.). Thus, the only information available to the Company is that provided by the user, and the Company is under no obligation to carry out checks or obtain additional information, nor will it take any such action.

In this context, users assume full responsibility for filling in the order forms (including vehicle data, the desired vignette and billing and payment data), for creating the user account and its administration, and for subscribing to newsletters. Users are obliged to communicate only true, complete and valid data.

Furthermore, by using the App, each user assumes that he/she can carry out the steps required when filling in forms, creating accounts, placing orders and sending messages and can express valid consent (where applicable) freely and without the need for prior approval from a third party that has not been obtained by that user.

If the data provided undergoes any changes, users are obliged to notify the Company immediately so that it can comply with its legal and contractual obligations.

Users are also solely responsible for choosing, obtaining, configuring and maintaining the equipment used to access the App.

It is forbidden to insert references and links to the App, to copy/modify/transmit/publish/use in any way the information indicated in the App, without the express, prior written permission of the Company.

In addition, users shall use the App only for lawful activities that do not infringe the rights of third parties. They will also not submit documents or requests pretending to be another person, nor will they take any action that could affect the integrity of the App or the data contained therein (including but not limited to virusing, deletion or modification of information, electronic abuse, fraud, use of personal data without right).

Failure to comply with the obligations set forth in these Terms and Conditions as well as any other obligation established by law incumbent upon App users or those who use vignettes, will result in their liability and the obligation to cover damages caused by their culpable act.

10. Force majeure

Neither party shall be liable for any failure to perform its obligations if such failure to perform on time and/or properly, in whole or in part, is caused by an event of force majeure. The parties agree that such an event may be constituted by the virus infection of the App or the IT platform behind it for reasons not related to an action of the Company, not requiring a certificate issued by an authority in this respect, but by informing (by e-mail or in the user account created in the App) the affected persons. To the extent that the legislation applicable to personal data provides for other obligations in such cases, the Company will comply with those legal conditions.

11. Personal data

Personal data are processed in relation to:

• legal obligations of the Company in relation to persons purchasing vignettes
• set up and administration of the user account (if applicable)
• sending information for the purpose of product promotion subject to obtaining the user’s consent where required by law (“Newsletter”)

For extensive information on how such data is processed, please review our Privacy and Data Protection Policy.

12. Collection of data

The Company collects information from users in three main ways: directly, from traffic reports recorded by the servers hosting the App, and through cookies.

• information obtained directly

  Data is collected when the Appn is accessed, when the email address is filled in, when the user account is created and administered and when the fields required to place the order are filled in. The processing is carried out as indicated in our Privacy and Data Protection Policy.

• information obtained from communication with the server

  When a website/app is visited, users automatically reveal certain information, such as IP address, time of visit, location from which the App was accessed, telephone identification data.

  The Company, like other operators, records this information and processes it in accordance with the Privacy and Data Protection Policy.

• information obtained through cookies

  The App uses cookies for better functionality. Depending on the preferences chosen by the users, other types of cookies may be used in order to facilitate the tracking of preferences as well as traffic data and to promote certain aspects. For more details, please review our Cookies Policy.

Users of the App should also be aware that whenever they voluntarily disclose personal information in online communication environments (such as online forums, social networking sites, discussion groups), the information disclosed can easily be collected and used by unauthorized persons.

ALTHOUGH THE COMPANY TAKES ALL REASONABLE STEPS REQUIRED BY APPLICABLE LAW TO PROTECT THE PERSONAL DATA OF USERS, IT CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED. THEREFORE, THE TRANSMISSION OF INFORMATION IN AN INAPPROPRIATE ENVIRONMENT IS AT THE OWN RISK OF APPLICATION USERS.

13. Amendment of the applicable conditions

STUDYING THESE TERMS AND CONDITIONS, AS WELL AS THE PRIVACY AND DATA PROTECTION POLICY AND THE COOKIES POLICY, IS SOMETHING THAT USERS SHOULD DO EVERY TIME THE APP IS ACCESSED AND BEFORE ANY REGISTRATION OR DATA PROVISION IS MADE, AS CHANGES MAY OCCUR.

The Company reserves the right to modify/update the content of the App, including the policies referred to, at its sole discretion, at any time and for any reason (including but not limited to the occurrence of legislative or case law changes that may affect the consequences of what is published in the App). Revisions to this policy in the future will be signalled by changing the “Last Updated” date at the top. After the date on which the updated policy is published, accessing the App will constitute the user’s acceptance of those updated terms.

However, should there be significant changes that could affect the rights and freedoms of users, notification will be made by publication in the App (pop-ups) or by sending emails to the addresses provided/to the user account on the App, if applicable. Such significant changes will take effect for users within 15 days from the time of the display of the pop-up in question or the transmission of the e-mail by the Company (the manner in which the information will be given will be decided by the Company on a case-by-case basis).

Regardless of the extent of the change, however, the responsibility for checking the content of the App (including these Terms and Conditions and the policies displayed) to keep up to date with the latest versions remains entirely with the user.

The Company also has the free and exclusive right to limit/refuse access to the App and implicitly not to honour unconfirmed orders if they have not been paid (without applying discriminatory measures and only in compliance with legal provisions), and to suspend or even close the App with immediate effect, as well as to modify any of its functionalities.

14. Third parties’ websites/apps

The App may contain links or references to other companies’ websites/applications. Such websites/applications may contain terms and conditions or policies that differ from those of the Company, or may have reduced security measures. Access to such links and therefore to third party websites/applications shall be at the sole risk of the user.

The content of the App may also include advertising sections where advertising messages from third parties will be displayed. The Company is in no way responsible for the content provided by third parties, whether advertising or not, nor for the way in which such third parties agree to comply with their legal obligations.

15. Security

This App is protected by competitive security systems. However, like most applications on the Internet, it cannot be completely free of vulnerabilities.

Therefore, information transmitted by users of the App may be subject to privacy and security breaches beyond the Company’s direct control (such as the transmission of unsolicited spam messages, viruses on the equipment used, theft of IP addresses, unauthorised access to e-mail) for which the Company assumes no responsibility, although it tries to avoid such unpleasant events.

16. Confidentiality

The privacy of the App users’ data is an important issue for the Company.

Our Privacy and Data Protection Policy forms an integral part of these Terms and Conditions and can be consulted by the user at any time.

17. Applicable law and solving of issues

The rights and obligations of the parties (i.e. the users and the Company), as well as all the legal effects produced by the activity of the App, shall be interpreted and governed by Bulgarian law and by the provisions of European legislation.

All disputes may be settled by mutual agreement within 15 days of the Company sending a notification to the user’s email address/account or the Company receiving a notification to this effect using any of the contact details indicated in point 1.

If no agreement can be reached within the time limit mentioned, recourse will be made to the common law court at the Company’s headquarters or, in the case of individual users, the out-of-court dispute resolution platform offered by the European Commission for consumers who have purchased products online may be used without the need to take legal action (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN).

18. Final provisions

This policy applies to the Company and to users of the App.

This document is part of the Company’s set of security policies. Other policies may apply to the topics addressed in this document and will be revised as specific needs arise.