GENERAL TERMS OF USE OF THE VOIZ.BG PLATFORM BY USERS - NATURAL PERSONS
This document contains information about the activities of "LIGHTING NETWORK" OOD and the General Terms and Conditions for the use of intermediary services provided by "LIGHTING NETWORK" OOD through the Platform, regulating the relations between "LIGHTING NETWORK" OOD and each of the Users - natural persons of " LIGHTING NETWORK" LTD.
I. DEFINITIONS
For the purposes of these General Terms and Conditions, the following concepts should be understood in the following sense:
1. Intermediary - "LIGHTING NETWORK" OOD, registered in the Commercial Register and the Register of Non-Profit Legal Entities with EIC 206066984, with headquarters and management address in the city of Targovishte 7700, Urvich No. 3, represented by the Manager Lyubomir Zhivkov Zhechev, which owns and administers the Platform.
2. Platform - the web-based site and all its sub-pages, on which the Intermediary provides intermediary services between Partners and Users of the Platform for access to a service representing a recording of short personalized video content - a congratulatory video from a Partner chosen by the User against payment of the specified price of The user. The Platform provides the User with information about the mediation services of the Intermediary, which the User can use subject to his compliance with the present General Terms and Conditions, the current Bulgarian and European legislation, all commercial practices generally accepted in the country, as well as the additional specified relevant requirements by the Intermediary . Services that are not expressly included in these General Terms and Conditions and/or indicated on the Platform are not provided by the Intermediary and cannot be requested by the Platform, by a User or by any Third Party.
3. User – a natural person who visits the Platform and/or uses the Service provided through the Platform. Users may be able-bodied individuals aged 18 or over. Minors are not allowed to use the Service provided on the Platform.
4. Partner - any person indicated on the Platform as a performer of a Service representing a recording of a personalized short video message - a congratulatory video ordered by a User through the Platform. The Partner can be an able-bodied natural person who has a profile on the Platform.
5. Profile – the personal profile of the User on the Platform, which allows the User to use the intermediary services provided through the Platform.
6. Voiz video - a short personalized video message - a congratulatory video recorded by a Partner at the request of a User made through the Platform according to the terms of the latter.
7. Voiz video recording service.
8. General terms and conditions - these General terms and conditions constitute a contract for the provision of an intermediary service, which is provided by the Intermediary to the User, according to the terms here, which contract has a legally binding force for the Intermediary and the Users of the Platform. Parties to the contract are the Intermediary, on the one hand, and the User, on the other hand. The general terms and conditions include terms of use of the Platform, rules for registering a profile, ordering and receiving Voiz video, the rights and obligations of Users using the Platform, as well as any other legally significant information found on the Platform. By accepting the General Conditions and/or with any action performed through the Platform, the User declares and declares that he is familiar with and accepts these General Conditions. Each action of the User of the Platform constitutes and is considered an electronic declaration of will that he agrees with, confirms and accepts these General Terms and Conditions and enters into contractual relations with the Intermediary. The User should carefully read the current General Terms and Conditions before proceeding to use the Platform. Acceptance and agreement with these General Terms and Conditions is a mandatory prerequisite for using the Platform and providing the Service to a User.
9. Durable medium - means any tool that enables Users to store information addressed to them personally, in a way that is available for future use and for a period of time sufficient for the purposes of the information, and that allows the unaltered reproduction of the stored information. Such media are, for example, paper, data storage devices with a USB interface, CD-ROMs, DVDs, memory cards, computer hard drives, e-mail and others. Internet sites that meet the following conditions are also considered durable media: the site allows the User to save the information received, the information can be saved for a sufficiently long period of time, and the Intermediary who provided the information cannot change it.
10. Parties - means both the Intermediary and the User.
11. Party - means the Intermediary or the User.
12. Third parties/persons - means all other persons, organizations and bodies other than the Intermediary and the User.
II. REGISTRATION
1. Access to the Platform is free, as in order to use the intermediary services offered through the Platform, as well as the full functionalities of the same, registration in the Platform and creation of a User Profile are not required.
2. Registration of a User Profile is at the User's discretion. User Profile registration requires the completion of the Platform User registration form. In the registration form, it is necessary for the User to indicate the following data: (1) name and surname; (2) electronic mail (email) address; (3) password; (4) telephone number; and/or other required data according to the Platform registration form, which will be stored in the Intermediary's system. Before registering a Profile, the User should check the place indicated for this in the registration form that he agrees with the General Terms and Conditions and the Privacy Policy of voiz.bg.
3. By accepting these General Terms and Conditions, the persons who filled out the registration form give the right to the Intermediary and persons from his team to verify the data provided and to contact the person for identification of the person and confirmation of the data provided by him, if they consider it necessary .
4. After filling in all the mandatory data in the registration form on the Platform, the Intermediary sends confirmation to the User by e-mail to the e-mail address specified by the User for the successful registration of the Profile, as well as sends a link to access the User's Profile, which the latter should activate by logging into their Profile by clicking on the link in the email sent.
5. Users - natural persons must be able-bodied persons aged 14 or older. Minors between 14 and 18 years of age are allowed to use the intermediary services offered on the Platform only upon providing the User during Profile registration with a statement duly signed by a parent/guardian that the latter authorizes the User's use of the Platform and ordering of Voiz videos and payment of the price for them according to these General Terms and Conditions.
6. The Personal Data Protection Policy of the Intermediary applies to the entered personal data.
7. After the successful registration and activation of the Profile, the User can access his Profile on the Platform by entering the e-mail address he specified during registration and the access password he chose.
8. When a User creates their Account, they gain access to use the Intermediary's software program provided through the Platform. Before using the services of the platform, the User should check the place indicated for this in the registration form that he agrees with the General Terms and Conditions and the Privacy Policy of voiz.bg.
9. By completing the registration of a Profile and ticking the place indicated for this in the registration form that he agrees with the General Terms and Conditions, it is considered that the User has accepted these General Terms and Conditions. From this moment, the contract between the Parties is considered concluded. By completing the registration, the person who made the registration declares and guarantees that he is not an incapacitated person or a minor, respectively that he has received consent from a parent/guardian, in case he is a minor, including for providing his personal data to the Intermediary, and that it uses its real identity and data when registering.
10. Each person registering is responsible for incorrect and/or incomplete filling in of data and information in the Platform. The Intermediary is not responsible if a User or a Third Party has filled in false and/or incorrect data at the time of registration or at a later stage, including in all cases where the Intermediary cannot provide any of its services, as a result of incorrect contact details or other incomplete or incorrect information about the User.
11. At its discretion, the Intermediary has the right to refuse the provision of services through the Platform by refusing to register a Profile on the Platform or delete/close/deactivate an already registered Profile, including in all cases where the User has not fully and correctly filled in the necessary information, in case of doubts that the User does not meet the conditions for using the Platform (for example, is incapacitated, has entered incorrect data, does not have representative authority or for any other reason does not have the right to use the Platform or does not fulfill the requirements of the law, the Platform and/or these General Terms and Conditions ) or has violated these Terms and Conditions, applicable law or the rights and legal interests of Third Parties in connection with the Service, without owing notice, warning or compensation to the User or preserving or restoring the information and materials in the User's Profile.
12. The User is responsible for all actions taken through or resulting from the use of their Account. The User undertakes not to provide access data to his Profile to persons he does not wish to perform actions on his behalf and at his expense. If the User provides them to a person, it is considered that he has authorized him to perform actions through his Profile on his behalf and on his account. In this case, the User is responsible for the actions of this person as his own.
13. The User is responsible for the data and information filled in and requested by him through his Profile on the Platform, as well as for the information provided by telephone to the Intermediary, if any.
14. The User undertakes to notify the Intermediary of any change in the data he has provided to the Intermediary, otherwise the Intermediary is not responsible for providing the intermediary services using incomplete or inaccurate data, issuing documents with incorrect data or any to be other actions. In this case, the User is responsible for paying for the videos ordered through the Voiz Platform, as well as for the additional costs, damages and lost profits of the Intermediary.
15. In all cases, the User is responsible for the payment of all videos ordered through the Voiz Platform, as well as for any additional costs, damages and lost profits incurred by the Intermediary, Partners and/or Third Parties as a result of incorrectly entered information by the User or lack thereof of a subsequent notification according to item 14 above.
16. The provisions of this section regarding the requirements for persons who can register a Profile on the Platform, as well as the obligations that arise for Users in connection with the data and information provided, apply accordingly to all cases of ordering through the Platform of Voiz videos from A user who does not have a registered Profile on the Platform.
III. VOIZ VIDEO ORDER THROUGH THE PLATFORM
1. Intermediary services of the Intermediary are provided through the Platform. The User gives his express consent to accept these General Terms and Conditions and to be bound by the contract for intermediary service by accepting and confirming them through the electronic means of the Platform. The user declares and declares that no additional actions and approvals are necessary for the conclusion of the contract for intermediary service and the acceptance of the General Terms and Conditions. The Mediation Service Agreement and the General Terms and Conditions are legally binding and have the same binding legal character as if they were signed on paper, and are admissible as evidence in court and any other dispute settlement institution.
2. The Voiz video recording service is offered to Users by Partners using the Platform interface. Users can place Voiz video recording orders from a given Platform Partner and without registering a Platform Profile. In case the User does not have a registered Profile, to order a Voiz video it is mandatory to fill in the following data for the User: (1) first and last name; (2) electronic mail (email) address; (3) contact telephone number; and/or other required data according to the order form of the Platform.
3. Users of the Platform may place orders to record Voiz video from a Platform Partner by following the instructions on the Platform's standard order form, which may be amended from time to time. To place the Voiz video recording order, the User must select a Platform Partner to record the Voiz video, write Voiz video content instructions, which can contain up to 300 characters, and make payment for the Voiz video price , pursuant to Section IV and Section V below of these General Terms and Conditions.
4. In the event that the User places an order on Voiz video without having a registered Profile on the Platform, the User should check the place indicated for this in the order form that he agrees with and accepts these General Terms and Conditions, by which it is considered that The user has accepted these General Terms and Conditions.
5. For the avoidance of doubt, the order shall be deemed completed upon payment by the User of the price of the Voiz video, pursuant to Section IV and Section V of these General Terms and Conditions. Without payment, the order is not considered complete and neither the Intermediary nor the Partner incurs any obligations in connection with the performance of the Service. From this moment, the contract between the Parties is considered concluded. By completing the order, the person who placed the order declares and warrants that he is not incapacitated or a minor, or that he has obtained consent from a parent/guardian in case he is a minor, and that he uses his actual identity and data when placing the order.
6. After completing the Voiz video recording order, the User will receive to the e-mail address (e-mail) indicated by him, an electronic message with confirmation of the order placed. In the event that the User who placed the order does not have a registered Profile on the Platform, in the email according to the previous sentence, together with the information about the order made for recording Voiz video, the User will be given the opportunity to register a Profile on the Platform based on the data provided under .2, last sentence above, by entering the access password.
7. Placing an order to record a Voiz video on the Platform constitutes an electronic declaration of will by the User that he agrees to these General Terms and Conditions, as well as to payment of the price for the same, in the amount, under the conditions and according to the terms determined according to section IV and Section V below of these Terms and Conditions.
8. The User confirms that he is aware and agrees that the usual period for recording a Voiz video is 7 (seven) days, and each Partner, at its discretion, may have offered a shorter period for the production of a Voiz video, which is visible on his profile on the Platform. The term for recording the Voiz video by the Partner starts from the moment when the price for the ordered Voiz video is fully paid by the User, which moment coincides with the notification of the Partner by placing the order in his profile.
9. By accepting these General Terms and Conditions, the User confirms that he is aware and agrees that the instructions for the content of the Voiz video he orders cannot contain obscene, vulgar, racist, offensive or otherwise injurious to good name and morals, words, expressions and/or gestures.
10. The User is responsible for the content of the instructions he gives to a Partner when ordering a Voiz video recording, including that the Voiz video does not contain obscene, vulgar, racist, offensive or otherwise damaging to good name and morals, words, expressions and/ or gestures to be performed by the Partner and/or Third Party included in the Voiz video and/or through it not to violate the law and/or the rights of Third Parties. The User agrees and confirms that all claims of Partners, other Users, the Intermediary or Third Parties in connection with the unauthorized content of the instructions will be made and fully compensated by him.
11. The User confirms that he is aware and agrees that the order made by him to record a Voiz video is subject to subsequent approval and acceptance by the Partner to whom it is addressed and that the Partner has no obligation to record all Voiz videos, for who has received a notification on his profile that they have been ordered by Users for recording by him and has the right to choose which Voiz videos to record, respectively has the right to refuse to record a Voiz video ordered by a User. The User understands and agrees that the Partner himself determines and decides which instructions of the User to carry out and what the content of the Voiz video recorded by him will be, and the Partner can refuse to record a Voiz video ordered by the User if he does not approve of the User's instructions or for another reason, which he is not obliged to motivate. If a Partner refuses to record an ordered Voiz video, the Platform will refund to the User the full amount of the last price paid for the Voiz video not recorded by that Partner, without the Intermediary or the Partner owing the User any other compensation or compensation .
12. The User confirms that he is aware and agrees that, although the Partner has not expressly refused the recording of Voiz video, he may not fulfill the order within the period of item 8 above of this section. In such case, the Platform will refund to the User the full amount of the last price paid for the Voiz video not recorded by that Partner, without the Intermediary or the Partner owing the User any other compensation or compensation.
13. The video recorded by the Voiz Partner is transmitted through the Platform by the Intermediary to the User who ordered it. The User acknowledges that he is aware and agrees that the Platform does not review the recorded Voiz video before delivering it to the User and that the Platform is not liable to the User in the event that the Partner who recorded the Voiz video does not fully comply or in part the User's instructions for the content of the Voiz video.
14. The User acknowledges that he/she is aware and agrees that any Voiz video may be used by him/her for personal and non-commercial purposes only, including being shared on his/her social network profiles, and that the User has the right to use Voiz the video only and only in its entirety, without further processing.
15. By placing an order to record a Voiz video on the Platform, the User allows the Intermediary to contact him in any possible way, when this is necessary in connection with the order to record a Voiz video, including in case of claims made by or to the User in connection with Voiz video ordered and/or used by him.
16. The User understands and agrees that the Partners are not under the control of the Intermediary and the Intermediary has no ability to control and cannot oblige or compel the Partners to comply with the User's instructions and to carry out exactly and in full the Users' instructions for the content of the recorded from Voiz Video Partner. In case of deviations by the Partner from the instructions for the content of the Voiz videos, the Intermediary and the Platform are not responsible.
17. The Intermediary is not responsible for non-compliance by a Partner with the deadline for recording Voiz video, indicated by this Partner on his profile on the Platform. In such case, the Platform will refund to the User the full amount of the last price paid for the Voiz video not recorded by that Partner, without the Intermediary or the Partner owing the User any other compensation or compensation.
18. The Intermediary is not responsible for the content of a Voiz video recorded and uploaded to the Platform by a Partner, including for all cases where the Voiz video does not meet the instructions given by the User for its content, contains errors and/or incompleteness, or when it contains obscene, vulgar, insulting or otherwise injurious to good name and morals, words, expressions and/or gestures performed by the Partner and/or Third Party, included in the Voiz video and/or through it violates the law and/or the rights of Third Parties. The User agrees that the Intermediary does not control the actions of the Partners and/or any Third Parties and they have the right to make any claims against the User without the mediation of the Platform and the Intermediary.
19. In the event that the Partner has not fulfilled a substantial part of the User's instructions for the content of the Voiz video, the User has the right to request the Partner through the Platform to re-record the Voiz video according to the original instructions given. The User does not have the right to request a re-recording of the Voiz video, with which to send new instructions to the Partner about the content of the Voiz video. In the event that the Affiliate fails to re-implement a substantial part of the User's instructions in re-recording the Voiz video, the Intermediary will refund to the User the full amount of the price paid by him for the Voiz video ordered, without the Intermediary or the User owing the User any other compensation or compensation. If the User wants to re-record a Voiz video, with which he sends new instructions to the Partner about the content of the Voiz video, he owes payment both for the already recorded video and for its re-recording.
20. In the event that a User has made a claim for the content of a Voiz video recorded by a Partner pursuant to item 17 above, and after re-recording the same, the Partner has again failed to comply with the instructions, the Intermediary will refund the User the full amount of the price paid by him for the Voiz video ordered, without the Intermediary owing the User any other compensation or compensation. The judgment as to whether the failure to comply with the instructions is material or not is made by the Intermediary.
21. Users do not have the right to request re-recording of a Voiz video for reasons other than the Partner who recorded the Voiz video, a material error and/or incompleteness in its content, according to the instructions given by the User for the same. The judgment as to whether the error or omission is material or not is made by the Intermediary.
22. Users who have ordered and paid for a Voiz video performed by a Partner have the option to allow the Intermediary to make that Voiz video public by being visible on that Partner's Profile on the Platform. In this case, all persons who visited the Platform will be able to view the video an unlimited number of times.
23. The User, as well as all Third Parties to whom he has granted access to his Profile on the Platform, are responsible for ordering the Voiz videos through the User's Profile on the Platform. The User is responsible for all activities, information published in the Profile and consequences that occur as a result of using his Profile.
24. All relations of the User with Partners and Third Parties are settled on behalf of and at the expense of the User, unless the Intermediary has made an express commitment in relation to these relations. The User gives the right and authorizes the Intermediary to mediate in the settlement of disputes and claims of the User to Partners and vice versa.
IV. VOIZ VIDEO RECORDING SERVICE PRICE BY PARTNER
1. The price of the Voiz video recording Service is in the amount determined by the relevant Voiz video recording Partner for a User - an individual, and is specified on the Platform. The price of the Voiz video recording service is in Bulgarian leva and is the final price including all taxes and fees, except unless otherwise stated in the Platform.
2. The cost of the Voiz Video Recording Service does not depend on the length of the recorded Voiz Video.
3. The price of Voiz Video Recording Service is different for each Partner.
4. The price of the Voiz video recording Service, for which the Partner undertakes to provide it to the User, is the one indicated on the Platform at the time of placing the order by the User, except in cases of obvious error. In the event of an obvious error, the Intermediary reserves the right, at the request of the Partner, to notify the User of the actual price of the Voiz video offered by that Partner.
5. The final amount payable by the User is the sum of the price of all individual Voiz videos that the User has ordered.
6. The User acknowledges that he is aware and agrees that the Partner has the right to change at its sole discretion, at any time and without notice, the price for recording Voiz videos from his Profile, and such changes will not affect orders for Voiz videos, which have already been paid by the User at the time of the change.
7. The Platform requires that the price for recording a Voiz video be paid in advance by the User in full before a notification is sent to the Partner's profile about an order made to him for recording a Voiz video. It is a condition of completing the Voiz video recording order that the User has paid the full price determined by the relevant Voiz video recording Partner. Payment of the price enables the User to receive the Voiz video recorded by the Partner to whom it was ordered, as well as for its use in the future under the terms of these General Terms and Conditions. The right to receive and use Voiz video arises after payment of the corresponding price.
8. The Intermediary is not obliged to provide a Service through the mediation of the Platform, which was not expressly ordered and paid for by the User.
9. The Platform may provide discounts for the Services offered on the Platform, in accordance with the requirements of Bulgarian legislation and rules determined by the Platform. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided via promo codes or in other various forms (eg promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).
10. Different types of discounts cannot be combined when ordering and purchasing the same Voiz video.
11. The intermediary does not owe a refund of already paid amounts for ordered Voiz videos. Even if the User decides to unilaterally terminate the use of the Service offered on the Platform, this termination is considered effective for orders that have not been completed, respectively the price for the same has not been paid.
V. METHOD OF PAYMENT
1. Payment is made by the Users with a debit or credit card through a virtual POS terminal of a licensed intermediary, specified in the payment rules published on the Platform. The Intermediary has the right to add payment methods to the Services through integration with third parties. The full list of the Intermediary's partners in this regard can be found in the Payments section of the User's Profile.
2. The Intermediary has the capacity of a fiduciary of the sums received for the prices paid for recording Voiz videos, collecting them at the expense of the Partners and having the obligation to transfer them to the relevant Partner who recorded a Voiz video ordered from him, according to the agreements between the Intermediary and The partner.
3. All payments are made only in Bulgarian leva.
4. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party. In this case, the User agrees and accepts the rules and policies for using the services of the third parties - partners of the Intermediary, through which the payment is made.
5. The Intermediary is not responsible if a payment method involving a third-party payment service provider is not available or otherwise does not function due to reasons beyond the Intermediary's fault.
6. The User understands and agrees that when paying with a bank card or other means of electronic payment, the User may be charged bank, transfer or other fees/commissions, determined unilaterally by the relevant bank/payment institution.
7. All bank and other fees, bank commissions and commissions of third parties in connection with the payment, exchange rate losses or commissions when exchanging currency and other costs and fees related to payments are for the account of the User. The User undertakes to perform all necessary actions and pay all necessary accompanying fees and costs so that the Intermediary receives the full amount of the registration price of Voiz video specified by the Partner selected by the User.
8. In the event that the User requests the issuance and has the right to receive an invoice or other accounting document for the payment made by him of the price for recording Voiz video, the User is obliged to provide all the necessary information for the issuance of an invoice in accordance with the current Bulgarian legislation at the registration of a Profile on the Platform or when placing an order for Voiz video recording when the User does not have a registered Profile. The User confirms that he/she is aware of and agrees that an invoice or other accounting document for payment made by him/her for the price of recording a Voiz video, in case he/she is entitled to receive such, is issued by the Partner who recorded the Voiz video , for which the corresponding price was paid, and that the Intermediary has no obligation to issue such documents.
VI. REFUSAL TO PROVIDE SERVICES BY INTERMEDIARY TO USER
1. The Intermediary has the right to refuse to perform intermediary services offered through the Platform to a User, including refusing to complete or execute an order to record a Voiz video, as well as to transmit a recorded Voiz video from a Partner, without being responsible for default and without owing compensation or any other type of action or payment to the User when:
a) The user is incorrect;
b) the information provided by the User is incomplete, incorrect or invalid;
c) the actions of the User may damage the Intermediary or related persons;
d) the User's behavior contradicts these General Terms and Conditions, as well as if the User's behavior contradicts morals or commercial practices, without the User having to break the law;
e) The User has not paid the full amount of the Voiz video recording price from a Platform Partner.
2. The refusal is communicated to the User if the latter has provided valid contact details. In this case, the Intermediary shall not be liable for non-performance.
3. The Intermediary has the right to treat a User as incorrect in cases where:
a) there is non-compliance by the User with the General Terms and Conditions;
b) an incorrect, arrogant or rude attitude towards the representatives of the Intermediary and/or towards Partners has been established;
c) systematic abuses by the User towards the Intermediary and/or Partners have been established.
VII. PERSONAL DATA
1. The type of personal data that the Intermediary collects and processes, the manner of use and protection of personal data are described in the Personal Data Protection Policy of the Intermediary, which is a separate document. When registering a Profile, the User should check the place indicated for this in the registration form that he agrees with and accepts the Personal Data Protection Policy of the Intermediary. In the event that the User places an order on Voiz video without having a registered Profile on the Platform, the User should check the place indicated for this in the order form that he agrees with and accepts the Personal Data Protection Policy of the Intermediary.
VIII. PLATFORM CONTENT
1. The Platform provides Users with information about the Intermediary's intermediary services and provides Users with functionalities related to ordering and receiving Voiz videos recorded by Partners of the Platform, against payment of a price determined by the Partner, subject to the Users' compliance with these General Terms conditions, the current Bulgarian and European legislation, all commercial practices generally accepted in the country, as well as the additional specified relevant requirements for the specific Services.
2. The Intermediary has the capacity only as an Intermediary of the Platform and it is not an orderer or supplier of the Services related to Voiz video recording. The provider of the services is the Partner, and the orderer and recipient of the Services is the User.
3. The Intermediary does not in any way provide Voiz Video Recording Services offered through the Platform, nor is the Intermediary responsible for the information provided through the Platform by both Users and Partners. The data and information included in the Profiles of Users and Partners and the database of the Platform, as well as all information regarding the same, are provided by the respective Users and Partners and they are responsible for all information and data they offer through the Platform. In the event that a User has questions regarding information related to a Partner and/or performance of Voiz video by him, the Intermediary has the right to refer the User directly to the relevant Partner.
4. The Intermediary is not responsible for errors and/or incompleteness in the description and characteristics of Voiz videos recorded and uploaded by a Partner through the Platform. Users accept and agree that the Partner is responsible to the User for the circumstances specified in the previous sentence, and all claims of the User in connection with similar damages under hardly go directly to the Partner. The Intermediary can assist at its discretion in settling disputes between the Partner and the User, if the User sends information about the dispute with Partners to the Mediator's e-mail: info@voiz.bg.
5. The intermediary is not responsible for non-fulfilment or delay in the fulfillment of obligations related to the recording and uploading of Voiz videos by the Partners. Users accept and agree that the Partner is responsible to the User for the circumstances specified in the previous sentence, and all claims of the User in connection with such damages should be addressed directly to the Partner. The Intermediary can assist at its discretion in settling disputes between the Partner and the User, if the User sends information about the dispute with Partners to the Mediator's e-mail: info@voiz.bg.
6. Users are responsible for the information provided through the Platform. Users who provide and enter the information are responsible for all actions and omissions performed through the Platform.
7. The Intermediary is not responsible for the content provided or entered by the Users and Partners on their Profiles and on the Platform, for the description, information, images, video materials or other elements or characteristics about the Users and Partners and recorded by the latest Voiz videos, as well as all other data and materials entered, published or provided by Users, Partners or Third Parties on the Platform, including comments and content of communication between Users, Partners and Third Parties, as well as for the copyright of the images or other objects of intellectual property included in Voiz videos uploaded by Partners.
8. The Intermediary is not responsible for whether the data and information about the Partner and the prices for recording Voiz videos are up-to-date, whether the photos or video materials belong to the respective Partner or User, including whether they own copyrights on the images, video materials or other objects of intellectual property published by Partners or Users of the Platform, whether the Voiz videos are of the required content or quality, as well as whether the Partner has copyright and/or other rights to publish and use them.
9. The responsibility for updating the data and information in both the Users' Profiles and the Partners' profiles rests with the respective User or Partner. The Intermediary accepts and agrees that all claims in relation to the content and topicality of the data and information published by him in his Profile and/or on the Platform, as well as regarding the Voiz videos ordered by him, shall be brought directly to him. In the event that the Intermediary suffers any damages in connection with mediation services provided to the User, the User undertakes to reimburse the Intermediary for all damages, including pecuniary penalties, damages, compensation, expenses and reasonable attorney's fees.
10. Users and Partners bear full responsibility for all materials, comments and communication published by them on the Platform, which violate the rights of Third Parties or contradict the applicable legal provisions. All claims in connection with violated copyright or other rights should be submitted to the User or the Partner who published them, respectively to the person who published them, respectively provided them to the Mediator for publication.
11. It is possible for other users of the Platform to make comments, give an opinion or otherwise give an assessment about a User. The responsibility for the User's actions and inactions carried out through the Platform rests entirely with the respective User. The responsibility for actions, inactions and comments of users of the Platform lies with these users. The intermediary is not responsible for whether the comments, opinions and/or assessments given in any other way by the persons who made them are correct and whether they meet the requirements of morality and good manners. The User agrees that all claims should be made to him, respectively by the User directly to the persons who made a comment, opinion and/or evaluation.
12. All relations of the User with Partners and Third Parties are settled on behalf of and at the expense of the User, unless the Intermediary has made an express commitment in relation to these relations.
IX. RIGHTS AND OBLIGATIONS OF THE PARTIES
User rights
1. The User has the right to use the Services offered through the Platform as long as he complies with his obligations according to these General Terms and Conditions and pays properly and on time the prices indicated by the Partners for recording Voiz videos.
2. The User has the right to request from a Partner who has recorded a Voiz video on his order, to provide him with documents required by law, needed by the Intermediary or the User to exercise and fulfillment of his statutory rights and obligations, including for accounting of payments. When an invoice is issued by the Partner, it is issued in the name of the User, not the Intermediary.
3. The User has the right to make his profile on the Platform inactive for an indefinite period of time. Upon reactivation of the Profile, the User has the right to re-evaluate whether or not to approve the registration of the User's Profile.
4. The User has the right to refuse to use the Platform and the Services provided through it at any time by deleting his Profile by selecting the "Delete Profile" function or another similar function on the Platform. In this case, the User owes payment for all Voiz videos ordered by him, before the moment of refusal / deletion / deactivation of his Profile, if he has not expressly refused to complete the order for the same in accordance with these General Terms and Conditions.
Rights of the Intermediary
5. The User understands and agrees that the Intermediary has access to all data and materials uploaded by the User to the Platform and has the right to independently decide which actions of the User constitute a violation of these General Terms and Conditions, the law and/or the rights of Third Parties, as well as take appropriate measures to remedy the violation.
6. The User understands and agrees that the Intermediary has the right, in the event of a potential security risk and/or violation of the normal operation of the Platform or any part of it, in the event of a violation or suspected violation of the General Terms and Conditions, the law or to the rights of Third Parties when using the intermediary services, at its discretion unilaterally and without warning or notice to suspend the provision of the Services to the User, to suspend the User's access to the Platform, as well as to delete/terminate/block the User's Profile temporarily or permanently without owing compensation or any other type of compensation to the User. The Intermediary shall have the right, but not the obligation, at its discretion to also delete User Materials uploaded to the Platform, including instructions for Voiz video content, if it is available. In this case, the termination of intermediary services and the deletion of information will not be considered a failure to fulfill the contractual obligations of the Intermediary, as well as in this case the Intermediary is not responsible for the loss of data by the User or any other type of damage suffered by the User or by third parties or lost profits.
7. The Intermediary has the right unilaterally and without warning or notice to temporarily or permanently terminate the provision of intermediary services to the User, as well as to delete all available information of the User uploaded to the Platform, including Voiz video content instructions, if it finds that it contains information that violates the laws of the Republic of Bulgaria, European legislation or another country, the rights of Third Parties or these General Terms and Conditions. In this case, the User owes the Intermediary compensation for all damages suffered, including property penalties, compensation, damages and any other amounts paid by the Intermediary in connection with the violation, including attorney's fees. Termination of intermediary services and deletion of information in this case will not be considered a breach of the Intermediary's contractual obligations and the Intermediary shall not owe any compensation or other type of compensation to the User.
8. The Intermediary has the right unilaterally and without warning or notice to temporarily or permanently suspend or terminate the User's access to the intermediary services provided or to delete the information uploaded by the User on the Platform, in case of fault and/or as a result of the User's actions, including when violation of legal regulations, rights of Third Parties or of these General Terms and Conditions, the Intermediary will be sanctioned by its counterparties or other third parties, including if a financial penalty is imposed on it, if its rights to use services are limited, its privileges are taken away, it is included in the so-called blacklists or receive a warning of a similar sanction. In this case, the User owes the Intermediary compensation for all damages suffered, including property penalties, compensation, damages and any other amounts paid by the Intermediary in connection with the violation, including attorney's fees. Termination of the Services and deletion of information in this case shall not be considered a breach of the Intermediary's contractual obligations and the Intermediary shall not owe any compensation or other type of compensation to the User.
9. The Intermediary has the right at any time, without warning or notification, to expand or limit the scope of the User Services and the intermediary services it provides through the Platform, to change the conditions, the way of access, registration, etc. The intermediary is not liable to the User the liability for damages suffered and lost benefits by the User as a result of limiting or changing the Services and/or intermediary services provided through the Platform. When these changes result in an amendment to these General Terms and Conditions, the procedure under Section XXI below shall apply.
10. The Intermediary may include in its Services and services provided by Third Parties. The Intermediary cannot and is not responsible for the quality of the services provided by Third Parties and is not responsible for damages to the User as a result of problems with the services of these Third Parties.
11. The Intermediary shall not be liable for any damages, penalties and/or compensation resulting from actions or inactions of Third Parties that are not under the Intermediary's control.
12. The Intermediary is not responsible for damages, lost benefits, costs, claims or other responsibilities to the Users, if they occurred as a result of non-compliance with these General Terms and Conditions by the Users.
13. The Intermediary has the right to review the content of the information published by the User on the Platform, to require the User to remove it or to remove certain materials himself, if they violate the current legislation, the rights of Third Parties or these General Terms and Conditions.
14. The user agrees that the Intermediary is not responsible for the Services to users within the meaning of the Consumer Protection Act, as well as to other traders and businesses within the meaning of the Competition Protection Act, as it is not a trader or supplier of the offered and /or the sold Services performed by the Partners of the Platform. The Intermediary is not responsible to the User when a Partner has committed an offense when offering and/or selling its Services or has damaged the rights or legal interests of Users and/or Third Parties.
15. The User agrees that in the event of a dispute with Third Parties or a sanction or other type of punishment imposed on the Intermediary, the User undertakes to indemnify the Intermediary for all paid property sanctions, compensations and other costs resulting from the User's actions or inactions, including when The User has provided incorrect data, violated the law, the rights of Third Parties, copyright or related rights of the Intermediary, Partners and Third Parties, personal data, competition rules, etc.
16. The User also agrees to defend, indemnify and hold the Intermediary harmless from and against any and all claims, lawsuits, liabilities, losses, fines, penalties, damages and expenses arising from the acts or omissions of the Intermediary or its agents, employees, contractors and others in connection with the Services, which are not expressly described as obligations of the Intermediary, including, but not limited to, when these Services do not meet the needs expressed by the User.
Responsibility and obligations of the User
17. When using the Platform and the Services offered on it, the User undertakes to comply with these General Terms and Conditions, the applicable Bulgarian legislation, the applicable international laws, the law of the European Union and the country from which the User is or from which he uses the Services, the instructions of the Platform and the additional instructions of the Intermediary, the rules of morality and good manners, as well as to respect the rights and legitimate interests of Third Parties.
18. The User undertakes not to enter, upload, store, distribute, use, transmit, provide or publish on the Platform links to information, as well as instructions for the content of Voiz video, data, text, files, software, photos, video or audio materials, communications, and any other materials and content:
18.1. which contradict the applicable legislation, violate copyrights, trademarks or other intellectual property rights, violate the rights and freedoms of a person according to the Constitution of the Republic of Bulgaria and the applicable Bulgarian and international acts, the law of the European Union, of the country from which the User is or from which the Services are used or violate the rights of any Third Party or that contain personal data;
18.2. that propagate discrimination, fascist, racist or other anti-democratic ideology;
18.3. which damage the good name and reputation of others and call for a violent change of the constitutionally established order, to commit a crime, to violence or to incite racial, national, ethnic or religious enmity or hatred;
18.4. that violate the property or non-property rights of Third Parties, including copyright and related rights;
18.5. that contain pornography, sexual violence, as well as links to websites or Internet pages with such content;
18.6. that contain computer viruses, Trojan horses, exploits or other malicious code or software;
18.7. misleading and false materials or sites for the purpose of fraud and illegal acquisition of information.
19. The User undertakes not to interfere with the proper functioning of the Platform, including, but not limited to, not to obstruct the access of Third Parties to it, not to carry out unauthorized access, not to violate or obstruct the access of other Users, Partners, visitors and other Third parties, not to harm or hinder the availability, reliability or quality of the Services in relation to other Users, Partners, visitors and other Third parties.
20. The User undertakes not to carry out through the Platform prohibited activities or activity without the presence of permission/registration/license to carry out this activity, if such are required by law.
21. The User undertakes to immediately notify the Intermediary of any case known to him of a committed or discovered violation when using the Platform, including by his representatives or Third Parties.
22. The User has no right to use or allow Third Parties to use the Platform and/or his Account to initiate and carry out attacks and malicious actions against any other computer system connected to the Internet.
23. The User is responsible for the confidentiality of his Profile access data (email address and password) and assumes full responsibility for activities/actions performed through his Profile or the Platform, in case he does not have a registered Profile. In case of doubt that for any reason the confidentiality of his data has been put under threat, the User must immediately notify the Intermediary. If he has not done this, it is considered that all actions through the User's Profile or through the Platform, with the use of the User's data, are done by him personally and he is responsible for them.
24. When the User provides access for use and management of his Profile to Third Parties, he is responsible for the actions of these persons as his own, and undertakes to indemnify the Intermediary for all damages caused as a result of the use of the Services by Third Parties to whom The user has provided access, including through inadvertence or error.
25. In all cases, the User is responsible and undertakes to indemnify the Intermediary for all damages (losses and lost profits) that he has caused directly or indirectly to the Intermediary, as a result of violation of the law, the rights of Third Parties or these General Terms and Conditions by of the User, including related to performing operations through the Platform, with the incorrect, illegal or contrary to these General Terms and Conditions use of the Platform and/or publication of content.
26. The User undertakes not to publish materials containing viruses or other programs whose purpose is to destroy or damage the Platform or another system, as well as materials with prohibited, obscene, defamatory, threatening or malicious content for the Intermediary or for a Third Party . The broker reserves the right to remove and/or edit such materials. In case of non-fulfilment of these obligations, the User owes the Intermediary payment of compensation for damages suffered and lost benefits for each violation separately.
27. In case of illegal and unauthorized use of the Services provided through the Platform, the User is responsible for material and non-material damages caused to the Intermediary. Upon detection of such actions, the Intermediary has the right to suspend the provision of the Services and stop the User's access to his Profile and/or the Platform without being liable for damages or loss of data on the part of the User. Unauthorized use is also present when actions are carried out during the use of the Services, including the use of software or other means that complicate the work or interfere with the normal functioning of the Mediator's equipment, including exceeding the processing time limit, as well as the dissemination of information, through which the legal provisions, the rights of Third Parties or these General Terms and Conditions are violated.
28. The User has no right to provide as his own the Services received from the Intermediary.
29. The user provides the necessary computer equipment, operating systems, software and Internet access to use the Services.
30. In the event of a problem with accessing or using the Platform, the User will notify the Intermediary at the email address published on the Platform or through the Platform's contact form. The mediator will use all reasonable efforts to remedy the problem.
Liability and obligations of the Intermediary
31. The Intermediary has no obligation to monitor the information and materials that the User uploads to the Platform, as well as to check whether they comply with the current legislation, whether they violate the rights of Third Parties or these General Terms and Conditions.
32. The intermediary is not responsible for the stored, distributed, used, transmitted information, data, text, files, software, photo, video or audio material and, messages, links and references, as well as any other materials and content, and for the User's activity.
33. The intermediary services provided by the Intermediary do not include the provision of computer equipment, software and connectivity for the transfer of databases or information packages between the User and the Intermediary and use of the Services in general. The Intermediary is not responsible if the User cannot use the Services offered on the Platform due to a lack of hardware, software or a good Internet connection, as well as if he cannot access due to problems beyond the Intermediary's control (hardware, software problem, problem with Internet connectivity, etc.).
34. The intermediary is not responsible for damages caused to the software, hardware or electronic communication equipment, or for the loss of data arising from materials or resources searched, loaded or used in any way through the services provided by it.
35. The Intermediary is not responsible for damages suffered or lost benefits by the User or by Third Parties as a consequence of the termination, suspension, modification or limitation of the Services or the User's access to his Profile, the Platform and/or the Services, as well as the deletion of materials or content, in cases of non-fulfillment of obligations of the User and exercise of related rights of the Intermediary.
36. The Intermediary is not responsible for failure to provide the services offered by it or for impossibility of access to the Services in the event of circumstances beyond its control - cases of force majeure, accidental events, actions or inactions of Third Parties, problems in the global Internet network and in the provision of services beyond the control of the Intermediary, as well as in case of unregulated access or intervention by Third Parties in the functioning of the information system or servers, and the Intermediary will take all reasonable measures to limit such interventions.
37. The intermediary is not responsible for non-provision of the services offered by him or for impossibility of access to Services in case of non-compliance with the instructions and technological requirements for using the Services, in case of improper handling of equipment or software, as well as as a result of tests carried out by The intermediary for the purpose of checking equipment, connections, networks and others, as well as tests aimed at improving or optimizing the Services provided. The intermediary has no obligation to look for facts and circumstances indicating the execution of an illegal activity.
38. All content of the Platform is provided "as is" without any guarantees on the part of the Intermediary of any kind or nature, express or implied, disclaims and excludes all other guarantees including but not limited to: availability , accuracy, reliability, timeliness, completeness, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or other related rights. Apart from the foregoing, the Intermediary does not warrant or make any representations regarding the accuracy, likely results or reliability of the use of such materials for any purpose or result of the Services provided.
39. The Intermediary hereby disclaims and excludes any representations or warranties that the Platform is compatible with any operating system, mobile device, computer platform or browsers that the User may choose to use, other than those expressly recommended by the Intermediary. In addition, the Intermediary disclaims any guarantees that the Platform, including any future corrections, amendments, updates, enhancements, new versions or new models, will be compatible with new versions of operating systems, computer platforms and browsers within a certain time or at all.
40. The Intermediary does not guarantee that access to the Platform will be uninterrupted, secure and error-free, to the extent that this is beyond the capabilities, control and will of the Intermediary.
41. The Intermediary ensures reasonable technical protection of the Platform.
42. The Intermediary is not responsible for interrupted access to the Platform, as well as for non-processing or untimely processing of orders for Voiz videos, including in the event of circumstances beyond its control - force majeure, random events, problems with the Internet network, etc.
43. The Intermediary is not responsible for problems arising as a result of force majeure or for other reasons, other than a program error, when it is not corrected as soon as possible, as well as when the User or end users have entered incorrect or erroneous data or used the Platform without to comply with these General Terms and Conditions, the instructions of the Intermediary or the provisions of the law.
44. At the request of a competent state authority in the cases established by law, the Intermediary is obliged to provide all information and materials at its disposal regarding the User and its activity. In accordance with the requirements of the current legislation, the Intermediary stores the User's materials located on its servers and provides them to the competent state authorities in cases where this is necessary to preserve the rights, legal interests and security of the Intermediary or Third Parties, as well as in cases where the same are requested by the relevant state authorities in due order.
45. Failure by the Intermediary to exercise any right or provision under these General Terms and Conditions shall not constitute a waiver of future exercise of that right or application of that provision. A waiver of such right or provision will be effective only if made in writing and signed by a duly authorized representative of Intermediary. Except as expressly set forth in these Terms and Conditions, the exercise by either Party of any of its remedies under these Terms and Conditions shall not affect its other remedies under these Terms and Conditions or otherwise provided in the current legislation. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
X. LIMITATION OF LIABILITY
1. The User understands and agrees that the entire risk arising from the access and use of the Platform remains with the User. Neither the Intermediary nor any Third Party involved in the creation, production or delivery of the Platform or any services provided through the Platform shall be liable for any direct, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of reputation, service interruption, computer, mobile device or system failure or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms and Conditions, use of or inability to use the Platform or any services provided through the Platform, whether based on warranty, contract, tort (including negligence), product or service liability, or other legal theory, and whether or not the Intermediary has been advised of the possibility of such damages.
2. The intermediary is not responsible to the User for:
2.1. Destruction or loss of data owned by the User for reasons beyond the Intermediary's control;
2.2. Inability of the User to use the Platform;
2.3. Claims by Third Parties against the User during and in connection with the use of the Platform;
2.4. Illegal use of the Platform by the User;
2.5. Loss of data, suffered losses or lost profits as a result of actions or inactions of the User;
2.6. Loss of data, suffered losses or lost profits as a result of actions or inactions of Third Parties that are beyond the control of the Intermediary;
2.7. If the User cannot access due to lack of hardware, software or a good Internet connection, as well as if he cannot access due to problems beyond the control of the Intermediary (hardware, software problem, problem with Internet connectivity, etc.).
3. In all cases, the responsibility of the Intermediary, when it can be engaged, is limited to the amount paid by the User for a given Service, which he did not receive for reasons for which the Intermediary is culpably responsible.
XI. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Regarding the Platform
1. All content of the Platform, including all published texts, images, photos, video materials, articles, program code, are copyrighted. Except for information about Partners and Users, all rights to the content of the Platform and all materials uploaded to the Platform belong to the Intermediary (including available databases) and are protected by the Copyright Act and its related rights. Copying and using them constitutes a gross violation of the rights of the Intermediary and the mandatory provisions of Bulgarian legislation.
2. All proprietary and non-property copyrights on the Platform, including but not limited to design, logo and other graphic elements, software, program code and functionalities, working materials and demo versions, belong to the Intermediary and the Intermediary owns the copyrights on the Platform, as well as on all its elements and components, know-how for all activities and functionalities related to the Platform. The intermediary is also the owner of the Platform domain with all possible extensions. Copying and using them directly or indirectly (for example, but not limited to, meta tags and other techniques for indexing or searching the Internet) without the prior written permission of Medium is prohibited and constitutes a gross violation of the rights of the Intermediary and the mandatory provisions of Bulgarian legislation.
3. Nothing in these General Terms and Conditions grants or may be interpreted as granting the User any rights (except for the right to use services specifically provided under these General Terms and Conditions) or legal interest in patents, copyrights rights, trade secrets, technical data, know-how, logos, trademarks, trade names, brands of the Intermediary or other proprietary rights owned, used or claimed now or in the future by the Intermediary or any subsidiary or related companies , with the Intermediary reserving all such rights.
4. In all cases, regardless of whether they are explicitly listed above, the User has no right to copy, store, process, publish, distribute in original or revised form, as well as use in any other way the texts, images or other parts of the content of the Platform, including materials from Profiles and Voiz videos of other Users and Partners.
5. When creating a Profile on the Platform, the User does not acquire any rights or licenses on the content of the Platform, products or brands of the Intermediary or Third Parties.
6. The User does not have the right to access the program code of the Platform and does not have the right to copy or modify it in any way. Any attempt by the User to access, copy or modify the program code of the Platform is considered a gross violation of these General Terms and the rights of the Intermediary.
7. Users are only granted the right to use the Platform according to its usual purpose, without the right to modify or copy materials, use materials for commercial purposes or for public display (commercial and/or non-commercial), decompile, decompose or reverse engineer the software on the Platform, to remove designations of copyright or other intellectual property rights from the content of the materials, to remove copyright or other signs of intellectual property rights, to provide a "mirror" copy of the materials for uploading to other servers and others. The right to use shall be automatically terminated upon violation of any of the said basic restrictions and may be withdrawn at any time.
8. In the event of non-fulfillment of the conditions under this section, the Intermediary has the right to immediately terminate the User's use of the Platform without owing compensation to the User, as well as to demand compensation from the User for all damages and lost benefits caused by the User's actions .
9. The User undertakes to ensure the consent of all Third Parties to whom he has provided access to his Profile or the Platform on his behalf and at his expense, to comply with the copyright and other intellectual property rights of the Intermediary in accordance with this section.
10. Prohibitions on violation of copyright and other intellectual property rights of the Intermediary are valid for all Third Parties, regardless of whether they are registered on the Platform and/or have a Profile, and in case of violation, the Intermediary has the right to compensation for all damages and lost benefits, caused by the actions of Third Parties.
11. In the case of copying or reproduction of information by a User outside of the permissible limits, as well as in case of any other violation of intellectual property rights on the resources of the Intermediary, the Intermediary has the right to claim compensation from this User, including for the suffered direct and indirect damages and lost profits Full size.
12. Except in cases where it is expressly agreed, the User may not reproduce, change, delete, publish, distribute and publicize in any other way the information resources published on the Platform of the Intermediary.
Regarding the Voiz videos
13. The user who ordered and paid the price for Voiz video acquires the non-exclusive right to use the Voiz video of the Partner only in its entirety, for a period of 10 years from its receipt and for the territory of the whole world. The user has no right to rework, adapt, synchronize, translate, adapt and make any kind of changes to the Voiz video and the objects of copyright and related rights included in it, inclusion and use of the Voiz video or parts of it in creating new, derivative video and other works or any other materials.
14. Users may use the Voiz video for personal, non-commercial purposes only. Users do not have the right to use Voiz videos for any purpose other than the one specified in item 13 above of this section, and when using it, Users do not have the right and should refrain from any actions that could disparage their competitors and/or violate legal rights and interests of Third Parties or provisions of current legislation. In case of breach of this obligation, the User bears responsibility towards the Partner, Intermediary and Third Parties.
15. Any type of use or action with Voiz video and the objects of copyright and related rights included in it, outside of the expressly granted right of use described here, constitutes a gross violation by the User of the rights of the Intermediary and of the Partner and of the imperative provisions of the Bulgarian legislation. The use of the Voiz video and the objects of copyright and related rights included in it, which is not explicitly described here and without prior written permission from the Intermediary, is prohibited and constitutes a gross violation of the rights of the Intermediary and the Partner and the mandatory provisions of Bulgarian legislation .
16. The right to use Voiz video is automatically terminated upon violation of these General Terms and Conditions.
17. In the event of non-fulfillment of the conditions under this section, the Intermediary has the right to immediately terminate the User's use of the Platform without owing compensation to the User, as well as to demand compensation from the User for all damages and lost benefits caused by the User's actions . The Partner who recorded the video may also have the right to claim.
18. The User undertakes to ensure the consent of all Third Parties to whom he has granted access to his Profile or the Platform on his behalf and at his expense, to respect the copyright and other intellectual property rights of the Intermediary and the Partner according to this section.
19. Users expressly consent to all Voiz videos ordered by them being used to advertise and promote the Platform and the Intermediary in a manner that the Intermediary deems appropriate, without limitation and without any remuneration being owed by the Intermediary to The user.
XII. COMPLAINTS
1. The User, who has the status of a user within the meaning of the Consumer Protection Act, has the right to file a complaint with the Intermediary when the intermediary service provided to the Platform clearly does not correspond to the service agreed between the User and the Intermediary in these General Terms and Conditions.
2. Complaints in connection with the services can be made within 14 days from the establishment of the non-conformity of the service.
3. The complaint can be submitted in electronic or written form to an authorized representative of the Intermediary through the Platform, by email to the following email address: info@voiz.bg, by courier or by post, or in person at the address of the Intermediary listed above.
4. When submitting a claim, the User must indicate his/her data, the subject of the claim and the contact address, including an e-mail address. When submitting the complaint, the User applies the documents on which it is based, including: payment documents, protocols, acts or other documents establishing the non-compliance of the service with the agreed and other documents supporting the claim.
5. The mediator cannot accept the complaint if the relevant documentation or a suitable alternative is not presented.
6. The Mediator's team will consider duly submitted claims/complaints within 14 (fourteen) days after receiving them and will respond to the email address specified by the User.
7. When a non-compliant service is provided, within one month of receiving a reasonable complaint, the Intermediary will provide a service that complies with these General Terms and Conditions.
8. The User has no right to complaints if the non-conformity of the services is due to actions or omissions of the User or of Third Parties.
9. Users understand and agree that all User complaints related to Voiz videos should be submitted directly to the Partner who recorded the respective Voiz video. The intermediary is not responsible for them. In case the Intermediary receives such complaints from a User, it forwards them directly to the Partner.
XIII. RIGHT OF REFUSAL
1. The intermediary notifies the User, who has the status of a user within the meaning of the Consumer Protection Act, that according to Art. 50 of the Consumer Protection Act, he has the right to withdraw from the Service Contract (such as a remote or out-of-work contract) within 14 days from the date of its conclusion by accepting these General Terms and Conditions. According to Art. 57, para. 1, however, the provisions of Art. 50-56 of the Consumer Protection Act regarding the Consumer's right of withdrawal do not apply to service contracts after the full performance of the service and when the performance has begun with the prior express consent of the Consumer and with the confirmation of the Consumer that he or she will lose your right of withdrawal after full performance of the contract by the merchant.
2. The User hereby declares his express consent and accepts that after starting to use the service provided by the Intermediary through the Platform, he loses his right to I. The User hereby gives his express prior consent and accepts the execution of the contract. The user understands that he loses his right of withdrawal by agreeing to start the execution of the contract.
3. Before starting to use the service he has ordered, the User has the right to withdraw from the service contract without giving reasons, no later than 14 days after concluding the service contract by accepting these General Terms and Conditions . The cancellation is carried out by sending a message to the Intermediary through the Platform, by e-mail to the following e-mail address: info@voiz.bg or to another e-mail address indicated on the Platform, by courier or by post, or in person to the address of the Intermediary indicated at the top. In order to exercise his right of withdrawal, the User must notify the Intermediary of his decision to withdraw from the service contract with an unequivocal statement.
4. Opt-out can be done by completing and sending the following form, but its use is optional:
STANDARD FORM FOR EXERCISE OF THE RIGHT OF WITHDRAWAL
To "LIGHTING NETWORK" OOD, entered in the Commercial Register and the Register of Non-Profit Legal Entities with EIK 206066984, with registered office and management address in the city of Targovishte 7700, Urvich No. 3, represented by the Manager Lyubomir Zhivkov Zhechev.
I hereby notify you that I wish to withdraw from the Intermediary Service Agreement with the Intermediary.
Date of conclusion: ................................ (indicate the date of acceptance of the General Terms and Conditions)
Names: .............................................. ........ (enter your names)
User's address: .............................................. ................................ (enter your address)
User email address: ............................................ ................................ (enter your email address)
User's signature: .............................. .... ... (if the form is on paper)
Date of notification: ................
5. In case of refusal, the Intermediary returns to the User all prepaid and unused amounts within 14 days of the refusal, if any.
6. If a refund is due by law, the Intermediary will refund the amounts using the same payment method used by the User in the original transaction. Any costs for incoming transfers or losses from exchange rates, as well as commissions charged by the bank, are for the account of the User. The responsibility for proving the duly exercised right of refusal rests with the User.
XIV. TERMINATION AND TERMINATION
1. Except in the cases provided for in these General Terms and Conditions, the contract between the Parties is also terminated upon cessation of the activity of the Intermediary in providing intermediary services or termination of maintenance of the Platform without the Intermediary owing notification, notice, compensation or any other type of compensation to the User.
2. Except in the cases provided for in these General Terms and Conditions, each of the Parties may cancel or terminate this contract in compliance with the requirements of the applicable legislation. The user cannot claim to cancel the contract if the discrepancy of the intermediary service with the contract is insignificant.
3. Termination may also occur:
a) by mutual agreement of the Parties in writing or through statements exchanged by e-mail or through the Platform;
b) in case the User's Profile is closed/deactivated according to these General Terms and Conditions;
c) when exercising the right of refusal by the User, according to the Consumer Protection Act;
d) when exercising the right of withdrawal by the User, according to section IX, item 4.
4. In all cases of termination of the contract, the Intermediary has the right to immediately remove any information, materials and content of the User from the Platform without any notice, notice or compensation to the User.
5. Upon termination or cancellation, all rights and obligations of the Parties are terminated, except that the User will not be released from his obligation to pay the Intermediary all amounts due or which will become due on the date of termination.
XV. CHANGES TO THE PLATFORM
1. The Intermediary has the right at any time to make changes and improvements to the Platform, as well as to the form and content of the mediation services provided.
2. The mediator has the right to suspend the offered mediation services temporarily or permanently, including if this is necessary for their updating. In these cases, the Intermediary warns the User through the Platform.
3. In these cases, the Intermediary is not responsible for damages caused and lost benefits to the User.
4. The Intermediary is not responsible for errors that may appear on the Platform, including errors caused by changes, settings and other actions not performed by the Intermediary.
XVI. USER COMMUNICATION
1. By filling in the data and contact details The User expressly consents to the Intermediary using all technical means of communication with the User for which the User has specified contact details.
2. The provision of data and contact details by the User does not oblige the Intermediary to make contact with the User.
3. The language of these General Terms and Conditions and communication with the User is Bulgarian.
XVII. NOTICES
1. All notices in connection with the Intermediary Service Agreement and these Terms and Conditions shall be in writing and may be delivered by registered letter, courier or email addressed to the other party at the address below or sent via The platform.
Notices to the Intermediary:
Address: the mailing address of the Intermediary listed above.
Email: info@voiz.bg
Notifications to the User: as specified in the User's Profile or in the Voiz video recording order, in case the User does not have a registered Platform Profile.
2. The User accepts that all his/her statements are considered valid and that the written form is considered complied with by performing the following actions on the part of the User: sending a message by electronic mail (email), pressing an electronic button on the Content Platform, which is filled in or selected by the User or marking in a field (check box) on the Platform and the like, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.
XVIII. VISITORS INFORMATION
1. All visitors to the Platform, regardless of whether they have registered, are obliged to comply with these General Terms and Conditions, as well as to refrain from any actions that would damage the rights or legitimate interests of the Intermediary, including not to perform actions whose purpose is to destroy or damage the Platform or any other system, as well as not to post materials with prohibited, obscene, defamatory, threatening or malicious content to the Intermediary or to a Third Party. The broker reserves the right to remove and/or edit such materials.
XIX. PARTIAL INVALIDITY
1. The parties declare that, in the event that any of the clauses under these General Terms and Conditions is/are found to be invalid, this will not invalidate the entire General Terms and Conditions or any of their other parts. The invalid clause will be superseded by the mandatory rules of law or established practice.
XX. FORCE MAJEURE AND OTHER CONDITIONS
1. None of the Parties shall be liable to the other for delay or failure to fulfill, partially or fully, its obligations under this contract, in the event and to the extent that such delay or failure is due to force majeure. Force majeure circumstances are events beyond the control of the Party that occur after the date of conclusion of the contract for services and which are not reasonably foreseeable at the time of its conclusion and the impact of which cannot be overcome without undue expense and/or loss of time of the relevant Party . Force majeure events include (but are not limited to) war, civil unrest, strikes, lockouts and other collective labor disputes, acts of government, natural disasters, extreme weather conditions, epidemics, pandemics, damage or general lack of transportation facilities, accidents, fire, explosions and general power outages.
2. If either Party is affected by force majeure circumstances, it will notify the other party as soon as possible in writing or through the Platform and will take all reasonable steps to reduce the effect of the force majeure circumstances.
3. If a force majeure event results in a delay or non-performance by either Party for a period of four (4) weeks or more, each Party shall have the right to terminate this Agreement with immediate effect without liability to the other Party.
4. The User agrees and understands that he cannot use force majeure as a legal basis for delay or non-payment, if such is due.
5. The Intermediary is not responsible for damages, lost profits, costs, claims or other responsibilities to the User or to Third Parties, if they have occurred as a result of non-compliance with these General Terms and Conditions or current legislation by the User or another person.
XXI. AMENDMENT OF TERMS AND CONDITIONS
1. The mediator reserves the right to unilaterally change the General Terms and Conditions at any time. When making changes to the General Terms and Conditions, the Intermediary will notify the User by email or with a notification through the Platform, and may publish in a prominent place on the Platform. The Intermediary will notify the User of any changes to the General Terms and Conditions no later than 15 (fifteen) days before their entry into force. Changes to the Terms and Conditions do not affect services prior to the expiration of the 15-day notice period.
2. In case the User does not wish to be bound by the changed General Terms and Conditions and uses the Services after the amended General Terms and Conditions enter into force, he has the right to terminate his contractual relationship with the Intermediary and the use of the Platform by notifying the Intermediary thereof before the expiration of the notice period under the previous point.
3. The user may waive the notice period specified in item 1 by means of a written statement, including by e-mail or a clear affirmative action at any time after receiving the notification according to item 1.
4. If the User does not notify the Intermediary according to item 2, as well as if he performs actions on the Platform or continues to use the services of the Intermediary through the Platform, he is considered to have accepted the changes.
5. The notice period specified in item 1 does not apply in cases where the Intermediary:
a) is bound by a legal or regulatory obligation by virtue of which it must amend its General Terms and Conditions in a way that does not allow it to comply with the notice period referred to in item 1;
b) must exceptionally amend its General Terms and Conditions to overcome an unforeseen and immediate danger related to the protection of the services, Users or Partners from fraud, malware, spam, data security breaches or from other risks related to cyber security.
6. It is possible that some changes will have a retroactive effect in relation to orders already made for recording Voiz videos.
7. In all cases listed in this section, the Intermediary is not responsible for damages and lost profits of the User.
XXII. APPLICABLE LAW
1. For all issues not settled by these General Terms and Conditions, the provisions of the current Bulgarian legislation shall apply, including when the Platform is used by foreign Users.
XXIII. SETTLEMENT OF DISPUTES
1. Any disputes arising between the Intermediary and the User in connection with the Services provided through the Platform will be resolved by mutual agreement or, if this is impossible, the disputes will be resolved by the competent Bulgarian court, unless the Parties have agreed otherwise.
2. With respect to Users having the status of users under the Consumer Protection Act, all disputes, controversies or claims arising out of or in connection with the Intermediary Service Agreement or its breach, termination or invalidity may be resolved by the authorities of out-of-court settlement of consumer disputes according to Art. 181a and according to the Consumer Protection Act. Additional information can be found on the website of the Commission for Consumer Protection and on the following online dispute resolution platforms: ec.europa.eu and mi.government.bg).
XXIV. SUPERVISORS
1. If, in your capacity as a consumer within the meaning of the Consumer Protection Act, you believe that we have violated your rights as a consumer, you can file a complaint with the competent authority in Bulgaria - the Commission for Consumer Protection. More information can be found at: kzp.bg. You can also file your complaint in the country where you live, where you work, or where you believe we are violating your rights.
XXV. INFORMATION AND CONSENT
1. By accepting these General Terms and Conditions, the User declares that he has been provided with information and is familiar with:
a) the name and address, as well as all other identifying data, of the Intermediary;
b) all characteristics of the services provided by the Intermediary;
c) availability of services;
d) information about the content, purpose and way of using the services;
e) the final price of the services including all taxes and fees, if any;
f) the method and terms of payment and other conditions of provision of the services, if any;
g) the period for which the price of the services is in effect;
h) the conditions for using the services;
i) the conditions, term and method of complaint and refusal;
j) the dangers associated with the normal use, operation or maintenance of the Services;
k) contact information for the Intermediary, including by phone and e-mail;
l) the technical steps of concluding the contract and their legal significance;
m) the technical means for identifying and correcting errors in the entry of information before the declaration of conclusion of the contract is made;
n) the User's consent to these General Terms and Conditions and the accompanying mediation service contract will be stored in electronic form and a separate paper contract will not be stored by the Mediator;
o) the contract with the Intermediary is concluded in Bulgarian;
p) The intermediary is not a company registered under the Value Added Tax Act.
2. The User consents to the conclusion of a distance contract for the use of the Platform.