The present Terms and Conditions have been prepared by I Care EOOD in order to regulate the relations between I Care /www.iCare.bg/, hereinafter referred to as PROVIDER, and the consumers, hereinafter referred to as USERS of the provision of information society service, hereinafter referred to as SERVICE.
USER is any natural or legal person that is party to a contract for provision of the SERVICE.
The Terms and Conditions are an integral part of the contract for provision of the SERVICE. They enter into force from the date of their publication on the website of www.iCare.bg and have an effect on all USERS that have already concluded a contract for the SERVICE at the date on which the Terms and Conditions enter into force.
When amending the Terms and Conditions, the PROVIDER must adequately inform all registered USERS of the SERVICE.
Any amendment to these Terms and Conditions shall be valid for the USER after an explicit notification by the PROVIDER and provided that the USER does not declare that he rejects them within 14 days.
The USER of the SERVICE agrees that e-mails sent between the parties as per the General Terms do not need to be signed with an electronic signature in order to have effect on him.
USERS who use the SERVICE without registration accept the amendments to the General Conditions at the time of use after the change without the need of an explicit notice by the PROVIDER.
1. DETAILS OF THE PROVIDER
1.1. Information provider according to the Law on Electronic Commerce and the Consumer Protection Act:
- Name of the PROVIDER: I Care EOOD
- Registered seat and management address: Sofia, Ovcha Kupel, 18 Kostur St., ground floor
- Address of the exercise of the activity: Sofia, 74 Odrin Str. parter - office 2
- Contact address: Sofia, 74 Odrin Str. parter - office 2
2. Commission for Consumer Protection
- Address: 1000 Sofia, 4A "Slaveykov Square, floors 3, 4 and 6, telephone: 02/980 25 24
- Web site: www.kzp.bg
2. DESCRIPTION OF THE SERVICE
2.1. Types of SERVICES
2.1.1. The SERVICE “Child Care” is an information society service under the Law on Electronic Commerce and includes part-time care for children under 12 years of age in accordance with the needs and requirements set by parents, mediation in hiring assistants for full-day child care, described in detail on the web site: www.iCare.bg
2.1.2. The SERVICE “Elderly Care” is an information society service under the Law on Electronic Commerce and includes part-time care for elderly persons, such as a visit to the home of the elderly person, shopping, cleaning, reading newspapers, communication, which are previously specified upon the award of order, described in detail on the web site: www.iCare.bg
2.1.3. The SERVICE “Pet Care” an information society service under the Law on Electronic Commerce and includes part-time care for pets, such as feeding, walking (if necessary), which are previously specified upon the award of order, described in detail on the web site: www.iCare.bg.
2.2. The PROVIDER shall provide and the USERS shall use the SERVICE in accordance with the Terms and Conditions announced on the website of the PROVIDER.
3. PRICE OF THE SERVICE AND FORM OF PAYMENT
3.1. The PROVIDER provides the SERVICE against remuneration payable by the USER according to his chosen SERVICE and the parameters of the contract. The parameters of the SERVICE are available to the USERS on the PROVIDER's homepage on the Internet.
3.2. Payment to the PROVIDER is done only electronically in one of the following ways:
- Payment by Visa, Mastercard,
- Payment through the Epay and Paypal systems
- Payment by bank transfer
- Cash on site
3.3. The PROVIDER confirms receipt of payment by sending a notification email to the assignor /USER/ of the SERVICE or by another appropriate electronic confirmation.
4. CONTRACT FOR PROVISION OF THE SERVICE TO THE USER. PROCESS OF NEGOTIATION.
4.1. The contract between the PROVIDER and the USER represents the present Terms and Conditions, available at www.iCare.bg, together with all amendments and supplements to them.
4.1.1. The contract is concluded in Bulgarian language.
4.1.2. The USER of the SERVICE is a party to the contract with the PROVIDER, in accordance with the data provided upon registration and contained in the personal profile of the USER. For the avoidance of doubt, that is the data with which a personal account with the PROVIDER has been created.
4.1.3. After getting acquainted with the Terms and Conditions, the USER makes a registration on the PROVIDER’s webpage on the Internet, following the procedure announced in the webpage and in the present Terms and Conditions.
4.1.4. By filling his data and activating the buttons "Registration", "Accept" or a similar statement, the USER declares that he is familiar with the Terms and Conditions, agrees with their content, and undertakes to respect them without reservation.
4.1.5. Upon registration, the USER is obliged to provide accurate and current data, as well as to update the data in the registration form in case of change.
4.1.6. The registration process continues with the exchange of electronic messages between the PROVIDER and the USER, where:
- The PROVIDER confirms the USER's registration by sending a letter to an email address stated by the USER.
- The USER confirms the registration and the conclusion of the contract by a hyperlink in the letter, thus being notified of the registration.
After the confirmation, an account of the USER is created and contractual relations arise between him and the PROVIDER.
4.1.7. The contract is concluded at the time of completion of the registration of the USER by the PROVIDER.
4.1.8. If the SERVICE is used without a registration of the USERS, the contract for its use is deemed concluded from the moment of its first use by the USER.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Rights and obligations of the USER:
5.1.1. The USER has the right to use the SERVICE in good faith and only as directed.
5.1.2. The USER has the right to have knowledge on how to use the SERVICE .The USER provides equipment for self-service access and its management.
5.1.3. The USER undertakes not to use the SERVICE in conflict with the law, good business practices, morals and customs.
5.1.4. The USER bears full financial responsibility for the accuracy and completeness of the compulsory information and the information provided to the PROVIDER,
5.1.5. The USER is obliged:
- To provide facilities for the provision of the SERVICE
- To indicate specific needs or conditions related to the use of selected SERVICE, If any exist upon the award of the order (we do not take responsibility for any problems if we weren’t notified about them in advance).
5.1.6. The USER is obliged to pay on time for the SERVICE he has chosen.
5.2. Rights and obligations of the of the PROVIDER:
5.2.1. The PROVIDER must provide conditions for the provisoion of the SERVICE.
5.2.2. the PROVIDER has the right to temporarily restrict, suspend or terminate the SERVICE when:
- it becomes clear that some or all information provided by the USER is inaccurate or incorrect;
- in case of violation of the obligations;
- at the request of authorities stated in a legislative act.
5.2.3. In all cases of restriction, suspension of use or discontinuation of use of the SERVICE, the PROVIDER is obliged to inform the USER of the reasons.
5.2.4. The PROVIDER is obliged to restore the provision of the SERVICE immediately after the reasons leading to its suspension or restriction are no longer valid.
5.2.5. The PROVIDER shall take measures to protect the privacy of the personal data of the USER in accordance with the Law on Personal Data Protection / PDPA /.
5.2.6. The provider may at any time require that the USER identifies and verifies the correctness of any personal data and circumstance declared upon registration.
7.1. Responsibility for non-fulfillment
7.1.1. For each case of non-fulfillment of their obligations under the Terms and Conditions the parties shall be held liable in accordance with contractual terms and provisions of the Bulgarian legislation which is current at the time of non-fulfillment..
7.1.2. The PROVIDER shall not be liable to the USER for:
- lack of skills by the USER to use the SERVICE;
- claims by third parties against the USER in the course of and regarding using the SERVICE;
- the use of the SERVICE for illegal purposes or engagement in illegal activities through the SERVICE;
- material damages and lost profits caused to the USER resulting from the use of the SERVICE, as well as from the inability to use the SERVICE;
- temporary or prolonged inabilityof the USER to use the SERVICE related to technical violations outside the obligations of the PROVIDER;
7.1.3. The PROVIDER shall not be liable for damages caused to third parties during the use of the SERVICE by the USER, as well as in case of the use of the SERVICE for illegal purposes in any manner or carrying out illegal activities through the Service;
7.1.4. In all cases of identified damages, the PROVIDER shall not be liable if the damage was caused in cases of force majeure, in extreme necessity, and for the protection of persons and property or to prevent greater damage.
7.1.5. The PROVIDER is not responsible for the actions of the contractors committed not in connection with the SERVICE chosen by the USER. When there is doubt about a crime or another wrongful act committed by the contractor of the SERVICE, the USER may inform the competent authorities. The PROVIDER shall cooperate fully to clarify the circumstances and upon request of information on contractors when requested in a proper procedural manner.
7.1.6. The PROVIDER is responsible for causing property damage only in cases where the guilt of the SERVICE contractor is established by a final verdict.
7.1.7. The PROVIDER is responsible for causing property damage only in cases where the guilt of the SERVICE contractor is established by a final verdict.
7.1.8. The partners of the PROVIDER that manage online payments shall not be responsible for damages caused by or in connection with the delivery of the SERVICE.
8. TERMINATION OF CONTRACT
8.1. The contract for the provision of the SERVICE shall be deemed terminated in the following cases:
8.1.1. the expiration of the term for which it was signed;
8.1.2. by mutual agreement of the parties;
8.1.3. by unilateral notice by either party in the event of default by the other party;
8.1.4. in case of objective inability of any of the parties to perform their obligations;
9. FINAL PROVISIONS
9.1. The possible invalidity of any provision of the present Terms and Conditions shall not render void the entire contract.
9.2. The issues related to the implementation and interpretation of various clauses, which are not stated in the contract, and the entire contract are subject to the laws of the Republic of Bulgaria.
9.3. The parties shall endeavor to resolve disputes arising between them concerning the application of the agreement through negotiations and mutual concessions, and if no agreement is reached, disputes will be resolved by the courts in the country or the Commission for Consumer Protection.