TERMS AND CONDITIONS
These Terms and Conditions represent the provisions that apply to access and use by any person of the applications, websites, products and services that TIME PLAN ENTERPRISE S.R.L. makes available, PROVISIONS PLEASE READ IN FULL AND CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
The terms used below will have the following meanings:
The LiteApp application means a computer program (software), which also includes its graphical interface, developed by TIME PLAN ENTERPRISE S.R.L. to run on mobile and fixed computer equipment, such as smartphones, tablets, laptops and / or PCs, available in the Apple Store, Google Play or on the web (www.liteapp.co). Computer equipment means mobile or fixed computer equipment, such as smartphone, tablet, laptop or PC (on which an iOS, Android, Windows, Mac OS, Linux operating system or any operating system that allows access to a web page is installed) and which can run the LITE Application properly
COMPANY means the company TIME PLAN ENTERPRISE S.R.L., headquartered in Mun. București, Bld. Poligrafiei, Nr. 75, Et. 4, Office 43, Sector 1, CP 013704, e-mail: firstname.lastname@example.org, bank account no. RO07 INGB 0000 9999 1062 1315, opened at ING Bank - Ag. Otopeni, registered at the Trade Register Office with number J40 / 7534/2020, CUI: RO42731138, represented by the Director- Igor Prodan, who holds all the rights over the LITE Application, including the intellectual property rights.
Partner - means a legal person or an authorized natural person who, based on a contract with the Company, will provide services to a third party, the Customer, according to an order launched and accepted within the LiteApp Application. The contract between the Partner and the Company also includes the provisions of the current Terms and Conditions.
Client- means a natural or legal person who purchases one or more services, by launching a firm order to the Partner using the LiteApp Application.
LITEr - means a natural or legal person who contributes directly and actively to the promotion of the LiteApp Application, by enrolling new members, be they Customers or Partners.
Service / Services - means the products and services offered or the tasks performed by the Partner that can be booked and purchased by the Customer within the LiteApp Application.
Platform - means the electronic services that belong to the COMPANY and that allow (i) Customers to search, purchase and reserve their place to Partners for accessing the chosen Services and (ii) Partners to search, receive and honor requests for Services from customers. The platform includes access to the LiteApp Website (www.liteapp.co), the LiteApp Application and associated software, payment services provided by the COMPANY, as well as related support service systems, with any periodic updates or changes.
Company Data - means all data associated with accessing and using the Platform, in accordance with these Terms and Conditions, including all data relating to Customers, all data associated with booking and purchasing / accessing Services through the Company's Services and the LiteApp Application.
User - means any natural or legal person, Customer and / or Partner, who accesses and / or uses the LiteApp Application and who adheres to these Terms and Conditions
II. AGREEMENT REGARDING THE USE OF THE COMPANY 'S SERVICES
1. The platform allows connections between the Client and the Partner
2. By accessing the LiteApp Application, it will be possible to conclude legal relations between Users (Customer and Partner), based on which the Customer will be able to make a reservation and place an order to purchase one or more Services that will be displayed in the graphical interface and will be provided. To the Client by the Partner, under the conditions set out below
3. The platform may only be used in accordance with the provisions of these Terms and Conditions.
6. Use of the Platform, including any functionality of the LiteApp Application, is a statement of the fulfillment of the following conditions by any User:
(I) REACHING THE AGE OF 18 YEARS
(II) the absence of circumstances affecting the legal capacity
(III) in the case of partners, the fulfillment of all legal conditions and the possession of all necessary authorizations to provide the services offered through the liteapp application, and
(IV) full acceptance and compliance with the provisions of this contract . If any of these conditions are not met, the User must immediately stop accessing or using the LiteApp Application
7. The user undertakes to check at each time of accessing the LiteApp Application the terms and conditions of use. The use of the Company's Services, even in the event of the User's failure to analyze the applicable terms and conditions, represents the User's express agreement to accept those conditions.
8. Without contradicting the above, the COMPANY may request the User to express its agreement with this Agreement through a specific action, such as a notification, which has the meaning of an unequivocal consent (e.g. ticking a specific box).
by using the platform / by checking the box I agree with the terms and conditions of the user liteapp:
A)expressly agrees to comply with all the terms of this contract, as well as any other specific applicable conditions, referred to in this contract;
9. By accessing and using the LiteApp Application, the User agrees to receive calls and text messages / chat messages on the Whatsapp platform from the COMPANY, PARTNER or CLIENT on the mobile phone, if the COMPANY considers that this is necessary to facilitate the fulfillment of an order.
10. Through the LiteApp Application, the COMPANY provides Users with a technical interface through which the Customer, directly and independently, will be able to book and pay for one or more Services, which will be displayed in the program interface, which is available for both Customer as well as for the Partner.
11. Tariff. For each completed Service provided to a Customer through the LiteApp Application, the Partner charges a fee that is paid by the Customer (Tariff).
12. The tariff represents the total cost of the Services according to the list of products and services introduced by the Partner in the LiteApp application.
13. If, at the place of provision of the Services, or in the discussions between the Client and the Partner, it is found that additional Services are necessary, they will be considered as separate, independent Services and will be treated in the same way as any other Service. , as defined in this Agreement.
14.The purchase of the Services by the Client is made as follows:
Step 1: The customer selects the desired Services and enters the related details, including:
(i) the location at which the service is to be provided;
(ii) the type of object or subject generic or from its own list;
(iv) the date and time at which the service is to be provided;
(v) The Provider unit to be chosen, if there is one expressly targeted, which can be defined and selected from a list of favorite units;
(v) the method of payment.
Step 2: In the event that a specific unit of a Partner is not expressly chosen, based on the information provided in Step 1, the LiteApp Application searches for the availability to provide the Service among all Partners enrolled in the application and returns it to the Customer as a result. which best meets the criteria introduced by it, but also the list of other available Partners and which have a high degree of compatibility with the selection criteria.
Step 3: The Client selects a Partner from the list returned by the LiteApp Application and, in order to confirm the reservation *, proceeds to the actual payment of the selected services, with the bank card within the application. * in the case of Partners who have not opted for the automatic confirmation of reservations coming through the LiteApp Application, the Customer is notified and will be redirected to the payment page or will be confirmed to make the reservation immediately after it is confirmed by the Partner.
Step 4: Partners are notified via the LiteApp Application about Customer Service bookings made / confirmed.
step 5: Following the confirmation of the reservation, it is assigned a unique confirmation code and can be found by the Customer, together with all the related details, in the "Reservations" section of the LiteApp Application. The customer will also receive an e-mail with the booking data and the receipt for the selected Service.
Pasul 6:Step 6: In order to initiate the provision of the selected Service, both the Partner and the Client will confirm the unique code assigned to the reservation and will interact with the platform changing the status of the reservation in accordance with its current status.
Step 7: Once the Service has been completed, the Partner confirms * the provision of the service by changing the booking status from "In progress" to "Completed", and both he and the Customer will have the opportunity to give a rating or leave a comment for the other side. *If the status is not changed by the Partner, he will automatically switch the reservation to the "Completed" state immediately after the time set for the completion of the Service.
III. EXCEPTIONAL SITUATIONS
15. Cancellations can only be made before the time set as their start time and will be regulated according to the attached table:
> 45 minutes Partner Full refund of the amount paid
< 45 minutes Partner Full refund of the amount paid to which is added a cancellation fee of 10 lei.
No cancellation* Partner Full refund of the amount paid to which is added a cancellation fee of 30 lei.
> 45 minutes Client Full refund of the amount paid
< 45 minutes Client Refund of the amount paid, except for the cancellation fee of 10 lei
No cancellation * Client Full withholding of the amount paid
* Lack of cancellation refers to the situation where the partner or client does not cancel the reservation made before its start date and does not honor it.
* In any of the situations provided above, force majeure and fortuitous event (illness, necessary presence / not being postponed elsewhere are excluded: school, hospital, police, court, other authorities, etc.), if they are proved by supporting documents.
16. PThe Payment Processor is a third party and the Company is not a supplier or reseller of the Payment Processor. In order for Partners to receive payments through the Payment Processor, both the Customer and the Partner must agree to the Payment Processor's Terms and Conditions, which are available at: www.stripe.com;
17. The provision by the Partner of the Services creates a direct contractual relationship between the Partner and the Client. By using the LiteApp Application, the COMPANY does not become a party to the legal relations between the Client and the Partner, so the COMPANY is not responsible in any way if the Client and / or the Partner do not fulfill the obligations they have assumed through the contract between them.
The Client understands and accepts that there is no influence of the COMPANY on the prices in the Offers of the Partners, these being established unilaterally by them.
18. The Partner will take all necessary measures for the proper provision of the Services within a placed order and will honor the orders received from Customers under the conditions agreed through the LiteApp Application.
19. The term of provision of the Services will be the one agreed between the Partner and the Client, in compliance with the procedures and standards applicable to the respective Service.
20.. In the execution of the Service, the Partner will use all the necessary equipment and, if the situation requires it, will travel with its own means to the address indicated by the Client.
21. THE COMPANY has no control over the quality, timing, legality, performance or any other aspect related to the Services and how they are provided or over the evaluations offered by Customers in relation to each Service provided.
22.Without contradicting the above, the COMPANY verifies the Partners upon their registration in the LiteApp Application and performs periodic checks of the licenses, permits, approvals, authorizations, certificates they hold in connection with the Services they provide. However, although COMPANY may perform Verification of Partners, COMPANY cannot confirm that each Partner is the one it claims to be and therefore COMPANY cannot and does not assume any responsibility for the accuracy or reliability of the identity verification information or authorizations
23. In addition, when interacting with other Users or in real life, it is necessary for the parties to act with the necessary caution and diligence to protect safety and personal property, as is the case when interacting with strangers. THE COMPANY will not be liable for false or misleading statements made by Users.
24.The users admit that, in no case and neither directly nor indirectly, the COMPANY does not supervise, direct and control the activity of the Partners or the Services performed by them. THE COMPANY does not establish the working hours of the Partners or the place of provision of the Services. THE COMPANY will not provide any work equipment or materials required for a particular Service. The platform does not represent a service / employment agency, and the COMPANY does not serve as an employer of any Partner.
25. In using the LiteApp Application, Customers, at their sole discretion, decide whether they are personally present when the Partner executes and terminates the Services contracted through the LiteApp Application or if another person is present from it, from whom the Partner may receive requests, such as and how he would receive them from the Client. By these Terms and Conditions, the Client expressly accepts that, for the purpose of performing the contract between the Client and the Partner, such a person will act in the name and on behalf of the Client in relation to the Partner
26. . Evaluation. After providing the Services, the LiteApp Application may request:
a) The Client to provide an evaluation for the Partner and for the Services provided and, optionally, to provide comments or opinions regarding the Services provided;
(b) ) To provide an assessment to the Client and, optionally, comments or opinions on the Client. The partner will give evaluations and comments in good faith.
27. In order to continue to have access to the LiteApp Application and the Platform, the Partner will need to have at all times an average rating given by Customers that exceeds the minimum acceptable average rating set by the Company with any periodic changes made by the Company in its sole discretion ( Minimum average assessment). If the valuation is below the Minimum Average Valuation, the Company will notify the Partner and, at the option of the COMPANY, will be able to grant the Partner a limited period in which the Partner can raise the evaluation above the Minimum Average V Evaluation. If during the granted period (if any), the evaluation does not rise above the Minimum Average Evaluation, THE COMPANY reserves the right to deactivate the Partner's access to the LiteApp Application and the Platform.
28. Any interaction between the parties in order to provide the service booked through the LiteApp Application, which does not take place properly, may be reported within the platform, in the details section of the reservation.
29. Any errors or malfunctions of the platform may be reported or reported to the email address and / or telephone number available in the section My Account - Contact within the LiteApp Application.
IV. PARTNER'S STATEMENTS AND WARRANTIES
30. The Partner declares on its own responsibility that it meets the legal conditions, including the possession of all authorizations, permits and approvals required by law for the provision of the Services.
31. The Partner is solely responsible to Customers and the COMPANY for the correctness, integrity and reality of the information provided to the COMPANY for inclusion in the LiteApp Application and for any other information provided in performance of this Agreement.
32.The Partner is solely responsible for the provision of the Services ordered by the Customers and for their compliance, as well as for the resolution of any sau ții complaints or problems notified by the Customers regarding the provision of the Services. Any disputes arising in the provision of the Services concern exclusively the contractual relationship between the Partner and the Client and will be resolved in good faith by them, without the involvement of the COMPANY, which is not a party in the legal relationship between the Partner and the Client.
33.The Partner declares and warrants that it is aware and understands that it has a legal obligation to pay the taxes / fees / contributions related to the revenues obtained from the provision of Services to Customers, according to the applicable legislation.
34. The Partner undertakes to declare to the competent authorities all revenues obtained from the provision of Services to Customers and to pay, in accordance with the law, taxes, fees and related contributions, being fully and exclusively liable for any damage to the COMPANY, and / or any other LiteApp Users and / or third parties in connection with the breach of the above obligation
35.No additional amount resulting from the improper execution of the Services by the Partner will be considered for the purposes of this Agreement as a change in the Tariff, the Partner being solely responsible for any payments generated by the inadequacy of the methods used in providing the Services.
V. RESPONSIBILITY FOR SERVICES
36. The Partner is solely responsible to the Customer for the conformity and warranty of the Services. The Partner will be responsible for resolving any complaints or issues notified by Customers only with respect to the actual provision of the Services. The term of good execution guarantee that the Partner grants to the Client for the Services provided is the one agreed with the Client.
37. With regard to the materials and products that may be necessary for the provision of the Services (eg spare parts, other materials), they will be purchased by the Customer or the Partner, who is mandated to do so by the Customer, compliance obligations and the guarantee provided for in Law 449/2003 on the sale of products and the guarantees associated with them rest with the persons from whom the respective products and materials are purchased, the COMPANY and / or the Partner having no obligation in this respect.
VI. LIMITATIONS REGARDING THE USE OF THE LiteApp APPLICATION
38.In order to access and use the LiteApp Application, the User will use his own Computer Equipment. COMPANY is not responsible for the compatibility of the Computer Equipment, systems or programs used by the User with the technical interface of the LiteApp Application.
39. Users obtain through their own means the access to the data network necessary to use the Platform, through their own data service providers, having the responsibility to pay the tariffs to them. THE COMPANY does not guarantee that the Platform or part of it operates on certain Computer Equipment. The platform may be affected by malfunctions and delays inherent in the use of the Internet and electronic communications. The COMPANY is not liable in any case for damages resulting from the interruption of the Services and from delays as a result of events that cannot be foreseen and cannot be attributed to the COMPANY.
40. The user agrees to use the Platform only for legal purposes and undertakes to comply with applicable laws and regulations in force.
41.The user agrees that he/she may not modify, distribute, transmit, display, publish, reproduce, license, create derivative works, decompile, transfer or sell any information, or service obtained through the Platform
42. The user will not present himself with another identity in order to deceive or mislead other persons.
43. Violation of these provisions in any way may lead to the blocking of access to the User's LiteApp Application and, where applicable, to the notification of the competent authorities.
VII. USER REGISTRATION
44. In order to use the Company Services, it is necessary to register and maintain an active personal user account of the Company Services, for which you must provide certain personal information. The user is responsible for all activities carried out through his account, having the obligation to maintain at all times the security and secrecy of the username and password associated with the account. All registration information is available in the LiteApp App.
VIII. CONTENT PROVIDED BY USERS
46.The COMPANY may, at its sole discretion, periodically allow Users to transmit, upload, publish or make available to the COMPANY, through the Services, content and information in photo / video, media, text (including sub including sub form comments and opinions about the Services, requests for assistance, communications with the Partner) (User Provided Content). By making available the Content Provided by Users, the User grants to the COMPANY a globally valid, perpetual, transferable license, free of charge, with the right to sublicense, to use, copy, modify, create derivative works, distribute , publicly display, publicly represent and otherwise exploit User-Provided Content in all formats and on all distribution channels currently known or created in the future
47. THE COMPANY may initiate and conduct campaigns to promote the LiteApp Application by associating with LITEri and granting them material benefits composed of various Services provided by Partners, in the form of vouchers, discount coupons, or amounts of money, which will be counted directly in the LiteApp Wallet section and can be used within the LiteApp application or withdrawn upon request.
48. The user declares and guarantees the following:
(i) s the sole and exclusive owner of all Content Provided by the User, or holds all rights, licenses, agreements and authorizations necessary to grant the COMPANY the above license; and
(ii) since the Content Provided by the User, neither the transmission, uploading, publication or provision thereof, nor the use by the COMPANY of such content in accordance with these Terms and Conditions shall constitute an infringement, misappropriation or non-compliance with proprietary or proprietary rights. intellectual property of a third party, or the advertising or confidentiality rights of a third party, nor will it infringe any applicable law or regulation
49. The User undertakes not to transmit Content Provided by the User with a denigrating, slanderous, inciting hatred, violence, obscene, pornographic, illegal or offensive, as established by the COMPANY at its sole discretion, regardless of whether the material is protected by law or not. THE COMPANY has the possibility, but not the obligation, to examine, monitor or delete the Content Provided by Users, at the exclusive discretion of the COMPANY, at any time, for any reason, without prior notice.
IX. LINKS TO SITE OF THIRD PARTIES
The LiteApp application may include links to third party sites. The sole responsibility for such sites lies with their owners. Therefore, the COMPANY is not responsible for any damage or loss caused or alleged to be caused by the information provided by the sites or resources to which these links link
X. LIMITATION OF LIABILITY
50.The user understands and accepts that the LiteApp Application and the Platform are offered as they are available
51. THE COMPANY does not guarantee the accessibility and operation of the LiteApp Application on any operating system.
52. THE COMPANY cannot be held liable for any loss or damage that may result from the use of the LiteApp Application or its inability to use it for any reason, or from the misinterpretation of any provision of its contents
53. The user uses the LiteApp Application at his own risk. In no event shall the COMPANY, its affiliates, officers, directors, administrators, employees, individually or collectively, be liable for direct or indirect damages and in particular for material / financial damage, loss of data or program, injuries or other damages.
54. By using the LiteApp Application, the User agrees to the obligation to indemnify and hold liable the COMPANY and / or its affiliates, officials, directors, administrators, employees in connection with any breach of this Agreement by the User, including, any claims, losses, damages and expenses arising out of or in connection with: (i) the use of the Company's Services or the services obtained through the use of the Company's Services; (ii) non-compliance or breach by the User of any of the provisions of this Agreement; (iii) the use by the COMPANY of the Content provided by the User; or (iv) the User violates the rights of a third party
XII. COPYRIGHT, INTELLECTUAL PROPERTY
55. THE COMPANY owns the copyrights and all other intellectual property rights with respect to the LiteApp Application, including with respect to the content of the LiteApp Application and / or the computer programs associated with the LiteApp Application.
56. The user undertakes and irrevocably undertakes to the COMPANY not to use without right the data / information / documents for which the COMPANY has an intellectual property right.
57. Any results or rights, including copyrights or other intellectual or industrial property rights, are and will be the exclusive property of the COMPANY, which will use, publish, assign or transfer them as it deems appropriate, without geographical limitation or of another nature.
58. The user will not use the data obtained from the COMPANY except for the purpose of use
59. The user undertakes to indemnify the COMPANY against any claims and legal actions resulting from the infringement of certain intellectual property rights (patents, names, trademarks, etc.).
XIII. PARTIAL NULLITIES
60. If any provision of this Agreement is or becomes, in accordance with applicable law, invalid, unlawful or unenforceable for any reason, that clause will be removed and the remaining clauses will continue to take effect.
XIV. APPLICABLE LAW AND COURT
61. This Agreement is governed by and construed in accordance with the laws of Romania. Any disputes between the parties in connection with it will be resolved by the competent courts in Bucharest, Romania.
XV. AMENDMENT AND UPDATE OF TERMS AND CONDITIONS
62.THE COMPANY reserves the right to periodically amend this Agreement, as well as any other special terms and conditions posted in the LITE Application. The changes will take effect when the COMPANY publishes those updated conditions, or when it publishes the amended policies or additional conditions in the relevant sections of the relevant Service for which they are applicable. Access to or further use of the Services after such publication constitutes the User's agreement to comply with the amended conditions.