TRANSLATION DISCLAIMER
This document is an English translation of the General Terms and Conditions for the Use of the OneCare Platform, originally drafted and adopted in the Bulgarian language by DocNow Medical Services EOOD, UIC 208622091. The translation is provided for convenience only and is not legally binding. The Bulgarian-language version, available on the Platform, is the sole official and binding version and shall exclusively govern all legal relations and contracts arising in connection with the Platform. In the event of any discrepancy, ambiguity or contradiction between this translation and the Bulgarian-language version, the Bulgarian-language version shall prevail.
General Provisions
Art. 1. (1) These General Terms and Conditions govern the terms and procedure for access to, registration with, use of, and termination of use of the OneCare online platform, owned by DocNow Medical Services EOOD, UIC 208622091, with registered seat and address of management at: 109 Bulgaria Blvd., floor 2, office 2.5, Triaditsa District, Sofia 1404, Republic of Bulgaria, email: [email protected], telephone: +359 889 999 955, hereinafter referred to as the “Company”.
(2) These General Terms and Conditions govern the relationship between the Company, on the one hand, and any person who visits, browses, uses, or otherwise interacts with the Platform in any manner whatsoever, on the other hand.
(3) These General Terms and Conditions also govern the general legal framework of the relationship between the User and the Service Provider where the ordering, administration, payment, or communication in relation to a specific service is carried out through the Platform.
(4) These General Terms and Conditions do not fully govern the internal contractual relationship between the Company and each individual Service Provider. Such relationships shall be governed by separate agreements concluded between them.
Art. 2. (1) OneCare is an online platform and technological environment for connecting, ordering, administering, confirming, arranging, paying for, and tracking services provided by third parties.
(2) The Company acts as an intermediary and provider of an information society service by providing a technical, organisational, and communication environment for establishing contact between the User and the relevant Service Provider.
(3) The Company is not a medical treatment facility, veterinary medical establishment, pharmacy, or provider of the services offered through the Platform, and does not independently perform medical, veterinary medical, pharmaceutical, household, social, cleaning, babysitting, or other activities, unless expressly, clearly, and unambiguously stated otherwise in a specific case.
(4) The contract for the specific service shall be concluded between the User and the relevant Service Provider, who is identified at the final step before the final confirmation of the order. The Company shall not be a party to the contract for the respective service unless, for a particular category of services, a different contractual model is expressly and clearly provided for in special terms and conditions.
(5) The Company shall not be liable for the actual performance of the service, its content, method, quality, medical, veterinary medical, pharmaceutical, or other professional judgement, or for the necessary permits, registrations, qualifications, legal capacity, insurance policies, and other statutory prerequisites on the part of the Service Provider.
(6) The Company shall be responsible for: (a) providing and maintaining the Platform as a technical, organisational, and communication environment; (b) ensuring the provision of pre-contractual information, insofar as it relates to the functioning of the Platform; (c) processing and forwarding payments, where such functionality is provided; (d) storing and ensuring the accessibility of data, documents, and messages within the Platform; and (e) providing a mechanism for submitting complaints and reports.
(7) The Service Provider shall be responsible for: (a) the lawful provision of the service itself, including its quality, scope, and timeframe; (b) holding all required registrations, permits, legal capacities, qualifications, and insurance policies; (c) issuing all professional, medical, veterinary medical, pharmaceutical, and other documents related to the service; (d) complying with the applicable professional rules, standards, and statutory requirements; and (e) refunding amounts to the User where such refund is due by law or under these General Terms and Conditions.
Art. 3. (1) These General Terms and Conditions shall be interpreted and applied in accordance with the laws in force in the Republic of Bulgaria and the applicable law of the European Union.
(2) Any matters not regulated by these General Terms and Conditions shall be governed by the provisions of the applicable legislation in force.
(3) The information society service provided by the Company through the Platform is offered within the territory of the Republic of Bulgaria.
Art. 4. (1) These General Terms and Conditions shall be binding upon each User as from the moment of their express acceptance through an active action within the Platform.
(2) For the purposes of paragraph 1, an active action shall mean ticking a consent box, clicking a registration, confirmation, ordering, or payment button, sending an electronic statement, or performing any other unequivocal action from which an intention to be bound may be established.
(3) Special terms and conditions may also apply to the use of certain categories of services, sections, functionalities, promotional mechanisms, subscription arrangements, vouchers, credits, campaigns, services, or other specific features of the Platform, and such special terms and conditions shall constitute an integral part of these General Terms and Conditions.
(4) In the event of any conflict between these General Terms and Conditions and special terms and conditions applicable to a particular category of services, the special terms and conditions shall prevail, but only with respect to the relevant category of services and only insofar as they do not contradict any mandatory provision of law.
Definitions
Art. 5. For the purposes of these General Terms and Conditions:
1. “Administrative Fee” means the fee payable by the User to the Company for each Order Request placed through the Platform, constituting remuneration for the provision and maintenance of the Platform as a technological environment, including its development, security, technical infrastructure, processing of order requests and payments, support, and continuous improvement. The amount of the Administrative Fee shall be determined by the Company as a percentage of the Price of the ordered service, subject to a maximum amount determined by the Company. The applicable percentage, the maximum amount, and the specific amount calculated for the respective Order Request shall be displayed on the Platform before the final confirmation of the Order Request.
2. “Additional Service” means any service other than the initially ordered service, which is subsequently ordered through the Platform, including during a visit to the address of the Service Recipient.
3. “Documents” means all electronic or hard-copy documents, information, files, images, forms, records, consents, certifications, prescriptions, results, referrals, opinions, medical, veterinary medical, pharmaceutical, or other materials related to the ordering, performance, or reporting of the service.
4. “Company” means DocNow Medical Services EOOD, as specified in Article 1, paragraph 1.
5. “Order Request” means an electronic statement made by the User through the Platform whereby the User expresses their intention to order a specific service under specific parameters.
6. “CPA” means the Bulgarian Consumer Protection Act, promulgated in State Gazette No. 99 of 9 December 2005.
7. “Service Provider” means any third party that offers and/or provides services through the Platform, including, without limitation, a merchant, legal entity, sole trader, person practicing a liberal profession, or any other person legally entitled to provide the relevant service.
8. “No-Show” means the failure of the User, the Service Recipient, or a person authorised by them to appear at the ordered address and at the designated start time of the ordered time slot, as well as any lack of access, assistance, or presence which objectively prevents performance, provided that the Service Provider has duly arrived and has waited for the period specified in these General Terms and Conditions.
9. “Platform” means the OneCare online platform, accessible at www.onecare.bg, including all of its sections, pages, subpages, interfaces, subdomains, mobile and web functionalities, administrative environments, electronic forms, related software solutions, integrations with external providers, server and support environments, as well as any future modification, upgrade, extension, or derivative functionality thereof.
10. “User” means any legally capable natural person who uses the Platform in their own name, as well as a parent/legal representative who uses the Platform to order a service for their child, and an animal owner who uses the Platform to order a veterinary service for that animal.
11. “Service Recipient” means the person or object for whom or for which the specific service is ordered, arranged, or provided. In the case of medical services, this will usually be the patient. In the case of veterinary services, this shall be the animal. In the case of other services, this shall be the person, object, or location for which the relevant service is ordered.
12. “Confirmation” means an electronic statement sent electronically or displayed through the Platform certifying that the Order Request has been accepted and that the contract for the specific service has arisen between the User and the identified Service Provider.
13. “Account” means an electronically designated part of the Platform associated with a specific User or a specific Service Provider, through which access is provided to functionalities, data, order requests, documents, notifications, and other elements related to the use of the Platform.
14. “Service Provider Account” means an account created by the Company for the relevant Service Provider, through which the Service Provider uses the Platform functionalities made available to them, including for setting schedules, availability, managing order requests, uploading documents, and recording actions related to the services provided.
15. “User Account” means an account created by the User through registration on the Platform, containing data, settings, history, order requests, documents, notifications, and other elements related to the User’s use of the Platform.
16. “Price” means the remuneration due for the specific service, displayed on the Platform at the time of ordering, including all expressly stated taxes, fees, and other components of the final amount due.
Types of Services and General Framework
Art. 6. (1) Various categories of services may be ordered, administered, and paid for through the Platform, including, without limitation, medical services, home visits, nursing activities, sample collection, laboratory tests, veterinary visits, delivery of or intermediation in the delivery of products that may lawfully be offered online, cleaning services, childcare, home assistance, as well as any other services that the Company decides to make available through the Platform.
(2) The descriptions of the individual services on the Platform are for information purposes only. They do not constitute an exhaustive or final list of all services that may be provided through the Platform.
(3) The Company shall have the right, at any time, to add, modify, temporarily suspend, restrict, or remove individual categories of services, functionalities, sections, and features of the Platform without owing any penalty or compensation.
(4) The absence of an express reference to a particular service or subcategory of service in these General Terms and Conditions shall not mean that such service may not be offered through the Platform, provided that its nature is compatible with the Platform’s purpose and that the applicable statutory requirements for such service have been met.
Registration and User Account
Art. 7. (1) In order to order services through the Platform, the User shall be required to create a User Account in advance, unless the Company has expressly provided otherwise for a particular service, section, or feature of the Platform.
(2) Upon registration, the User shall be required to provide all data requested by the Platform, and such data must be true, accurate, complete, up to date, and not misleading.
(3) Upon registration, the User shall be required to read and accept these General Terms and Conditions, to familiarise themselves with the Privacy Policy, and, where the Platform so provides, to accept any other applicable terms, statements, or policies.
(4) The User shall not be entitled to create an account using another person’s data, under another person’s name, or in any manner that creates a false impression as to the User’s identity, capacity, or right to use the Platform.
(5) Each User shall be entitled to maintain only one personal user account, unless the Company has expressly provided otherwise.
(6) Registration shall be deemed completed after confirmation of the email address through the electronic link sent for that purpose and after fulfilment of all other applicable requirements provided in or through the Platform.
(7) The Company shall have the right to refuse completion of the registration, to require additional confirmation, or to restrict access to the account.
Art. 8. (1) The Platform is intended for legally capable natural persons.
(2) Minors may not independently create user accounts and may not independently order services through the Platform.
(3) By completing registration and by each subsequent use of the Platform, the User declares that they act in their own name and for their own account, except in the cases expressly provided for in these General Terms and Conditions.
Art. 9. (1) The User may order a service through the Platform for themselves, as well as for a third party — the Service Recipient — where technically available, in the following cases:
1. where the User is the parent or legal representative of a minor child and orders a service for that child;
2. where the User is the owner of an animal and orders a service for that animal;
3. where the User orders a service for another legally capable natural person who has given their consent thereto.
(2) In the cases under paragraph 1, the User shall be required to enter into the Platform the necessary data of the Service Recipient to the extent required by the Platform for the relevant service.
(3) By entering the data of the third party and by the final confirmation of the Order Request, the User declares and warrants that:
1. they have obtained the prior, freely given, informed, and unambiguous consent of the Service Recipient for the processing of the Service Recipient’s personal data by the Company, by the relevant Service Provider, and by their processors, for the purposes of ordering, arranging, performing, documenting, paying for, and reporting the specific service, as well as for all other purposes specified in the Privacy Policy;
2. they have familiarised the Service Recipient with the Company’s Privacy Policy and with the terms under which the Service Recipient’s personal data will be processed;
3. they have a legal basis to act on behalf of or for the benefit of the Service Recipient, including: (a) in the cases under paragraph 1, item 1 — parental capacity or legal representation; (b) in the cases under paragraph 1, item 2 — ownership or possession of the animal; and (c) in the cases under paragraph 1, item 3 — the express consent of the third party;
4. the data provided in respect of the Service Recipient is true, accurate, complete, and up to date.
(4) The User shall bear full and personal responsibility for:
1. the existence, validity, and scope of the Service Recipient’s consent under paragraph 3, item 1;
2. the truthfulness, accuracy, and completeness of the data provided;
3. all consequences arising from false, incomplete, or misleading data, including any damages, costs, fines, and sanctions incurred by the Company, the Service Provider, or third parties.
(5) The Company and the Service Provider shall not be liable for any claims, actions, complaints, fines, or other adverse consequences brought or imposed by or in connection with the Service Recipient or by any other third party, where such consequences arise from:
1. the absence, insufficiency, invalidity, or withdrawal of the Service Recipient’s consent to the processing of their personal data;
2. false, incomplete, inaccurate, or misleading data provided by the User;
3. the User’s failure to perform their obligations under this Article.
(6) The User undertakes to indemnify and hold harmless the Company and the Service Provider against all actions, claims, damages, losses, costs, including, without limitation, reasonable legal costs, fines, and sanctions brought by or imposed by the Service Recipient, supervisory authorities, or third parties and arising from a breach of the User’s obligations under this Article.
(7) The Company shall not be required to verify in advance the existence, validity, or scope of the Service Recipient’s consent, but shall have the right at any time to require the User to provide evidence of the consent given, as well as to refuse, restrict, suspend, or terminate the Order Request or access to the account where there is reasonable suspicion of a breach.
(8) The specific rules concerning the processing of personal data of Service Recipients, including the third parties referred to in paragraph 1, item 3, shall be governed by the Privacy Policy.
Art. 10. (1) The User shall be required to keep their account access credentials confidential and not to provide, disclose, or transfer them to third parties.
(2) The User shall be required to exercise due care in safeguarding their access credentials and preventing unauthorised use of their account.
(3) Until proven otherwise, all actions performed through the user account shall be deemed to have been performed by the User.
(4) In the event of suspected unauthorised access, misuse, loss, disclosure to a third party, or any other breach of account security, the User shall be required to notify the Company immediately.
(5) The Company shall have the right temporarily to restrict access to the account or to require additional identity verification where this is necessary to protect the Platform, the User, the Service Providers, or third parties.
Art. 11. (1) The User may request deletion of their account by submitting an express written request to the Company.
(2) The request for deletion of the account shall not affect the validity and effect of legal relationships already established, contracts concluded, payments made, receivables accrued, rights of defence, evidence, archives, or obligations for storage, accountability, and cooperation arising from the law or from the applicable contractual relationships.
(3) Where there is an active but not yet completed Order Request, the Company shall have the right, instead of immediate deletion, to restrict the account from future use until the final performance of the service, the final settlement of a dispute, the completion of accounting and reporting processing, or the expiry of the relevant statutory retention period.
(4) Where a service has already been paid for, deletion of the account shall not cancel the Order Request, terminate the contract for the relevant service, extinguish the payment obligation, exclude the application of the rules on cancellation, modification, no-show, or refunds, or release the Service Provider from the obligation to perform or otherwise arrange the relevant service in accordance with the applicable terms and the law.
(5) The specific rules concerning erasure, restriction, storage, and subsequent processing of personal data shall be governed by the Privacy Policy.
Service Provider Accounts
Art. 12. (1) A Service Provider Account on the Platform shall be created by the Company on the basis of the data, information, and documents provided by the relevant Service Provider, as well as on the basis of the contractual relationship between the Company and the Service Provider.
(2) The creation of an account shall not give rise to any obligation of the Company to provide the Service Provider with a specific number of order requests, a specific volume of activity, specific revenue, or a specific position in the ranking, display, or offering of services through the Platform.
(3) For the creation of the account, a message containing a link for setting a password and for the initial activation of the account shall be sent to the email address indicated by the Service Provider. When setting the password, the Service Provider shall be required to read and accept these General Terms and Conditions and the Privacy Policy, and, where the Platform so provides, any other applicable terms, statements, or policies.
(4) Through their account, the Service Provider may, depending on the functionalities made available to them on the Platform, receive, review, manage, and complete order requests, indicate the services they offer, set days, time slots, and other availability for the provision of services, upload documents, enter data regarding actions performed, and use any other functionalities made available to them by the Company.
(5) The schedule, availability, days, and time slots entered by the Service Provider on the Platform shall be deemed to constitute a prior declaration of the Service Provider’s readiness to provide the relevant services within the parameters indicated by them.
(6) Where the User orders a service on a day and within a time slot previously indicated as available by the Service Provider, no additional confirmation by the Service Provider shall be required, unless expressly provided otherwise on the Platform, in special terms and conditions, or due to the nature of the specific service.
(7) In the cases under paragraph 6, the Order Request shall be deemed accepted by the Service Provider by virtue of the schedule and availability previously entered by them, and the contract between the Service Provider and the User shall arise in accordance with the procedure and under the terms set out in these General Terms and Conditions.
(8) The Company shall have the right at any time to modify, expand, restrict, suspend, or remove individual features and functionalities of the Service Provider Account.
(9) The data, schedules, availability, confirmations, entries, and all other statements entered or recorded by the Service Provider through their account shall be deemed to originate from the Service Provider and shall be binding upon them.
(10) Each Service Provider whose account has been created on the Platform has declared to the Company that they qualify as a trader within the meaning of the CPA, i.e. that they offer their services as part of their commercial or professional activity.
Art. 13. (1) The Service Provider shall bear full responsibility for all actions, statements, schedules, availability, confirmations, refusals, entries, uploaded documents, and data entered through their account.
(2) The Service Provider shall be required to keep up to date, true, accurate, complete, and consistent all data relating to their identification, legal status, representation, address, email address, telephone number, payment details, schedule, availability, and any other information the display of which to the User, the Service Recipient, or the Company is required by law, by these General Terms and Conditions, by applicable special terms and conditions, or by the agreement concluded between the Company and the Service Provider.
(3) The Service Provider shall be required immediately to reflect any change in the circumstances under paragraph 2, as well as any other change that may affect the lawful offering, ordering, performance, or documentation of the services provided through the Platform.
(4) The Service Provider shall be required to enter into the Platform only a genuine and actually feasible schedule and availability. The Service Provider shall not be entitled to indicate days, hours, or time slots during which they objectively cannot or do not intend to provide the relevant service.
(5) The Service Provider shall be responsible for the performance of each service ordered by a User within the schedule and availability previously entered by the Service Provider, unless the non-performance is due to a reason for which the Service Provider is not liable under these General Terms and Conditions or applicable law.
(6) The Service Provider shall be required to keep their account access credentials confidential, not to provide them to unauthorised persons, and to take all reasonably necessary measures to prevent unauthorised access, misuse, or any other security breach.
(7) In the event of suspected unauthorised access, loss, disclosure to a third party, misuse, or any other breach of account security, the Service Provider shall be required to notify the Company immediately.
(8) The Company shall have the right temporarily to restrict, suspend, or block access to the Service Provider Account, as well as to require additional confirmation, information, or documents where this is necessary to protect the rights and legitimate interests of the Company, the Users, the Service Recipients, other Service Providers, or third parties.
(9) The Service Provider shall not be entitled, through their account, to enter false, misleading, or incomplete data, to record actions that have not been performed, to enter fictitious availability, to upload unlawful content, or to use the Platform in a manner contrary to the law, these General Terms and Conditions, good morals, or the agreement concluded with the Company.
(10) The Service Provider shall be liable for all damages, costs, sanctions, and adverse consequences incurred by the Company, a User, a Service Recipient, or a third party as a result of a breach of the Service Provider’s obligations under these General Terms and Conditions, unless otherwise provided by applicable law.
Technical Steps for Ordering and Concluding a Contract
Art. 14. (1) The ordering of a service through the Platform shall be carried out through successive technical steps provided in its interface, which may include selecting a service category, selecting a specific service, specifying service parameters, selecting a date and time or time slot, specifying an address for performance, providing the necessary data, selecting a payment method, reviewing the Order Request, and final confirmation.
(2) Before making the final confirmation, the User shall have the opportunity to review the data entered by them, identify any errors, and correct them through the means provided on the Platform.
(3) Merely going through the individual steps for placing an order shall not automatically give rise to a contract, except upon reaching the final step provided on the Platform and provided that the conditions set out in these General Terms and Conditions are met.
Art. 15. (1) At the final step before the final confirmation of the Order Request, the Platform shall provide the User with pre-contractual information about the specific Service Provider with whom the contract for the relevant service will be concluded.
(2) At the final step before the final confirmation, the Platform shall also provide the User with the essential information regarding the specific Order Request, such as the type of service, the date, the time or time slot, and the price due.
Art. 16. (1) The contract for the specific service between the User and the relevant Service Provider shall be deemed concluded at the moment of confirmation of the Order Request through the Platform.
(2) Where the Service Provider has previously entered into the Platform a schedule, days, time slots, and availability for the provision of the relevant service, and the User orders the service within the parameters so entered and fulfils all applicable ordering requirements, the confirmation under paragraph 1 shall be carried out automatically through the Platform, and no additional confirmation by the Service Provider shall be required.
(3) Where, for a particular service, due to its nature, the settings of the Platform, or applicable special terms and conditions, an express additional confirmation by the Service Provider is required, the contract shall be deemed concluded at the moment of such confirmation.
(4) Where advance payment is provided for the relevant service, completion of the payment shall be a condition for confirmation of the Order Request, unless expressly provided otherwise on the Platform or in special terms and conditions.
(5) Where payment on site is provided for the relevant service — by cashless payment or in cash — the contract shall arise upon confirmation of the Order Request, and payment shall be made in the manner and at the time provided on the Platform and in these General Terms and Conditions.
(6) After the contract has arisen, the User shall receive confirmation by email and/or through their account, unless another customary and lawful method of confirmation is provided for a specific service.
(7) The contract for a specific service concluded between the User and the Service Provider through the Platform shall be one-off in nature and shall be performed by the provision of the ordered service, unless another regime is expressly provided for a particular category of services on the Platform or in special terms and conditions, including, without limitation, a subscription, recurring, or other continuing regime.
(8) The contract for a specific service shall terminate upon full performance of the service by the Service Provider and payment of the price due by the User, as well as upon exercise of a right of withdrawal by the User in accordance with these General Terms and Conditions and applicable law, upon cancellation or rescheduling pursuant to Section X, or upon the occurrence of another ground for termination.
(9) The legal relationship between the User and the Company in connection with the use of the Platform (registration and account) shall be for an indefinite term and may be terminated by the User at any time by requesting deletion of the account in accordance with Article 11.
(10) In the case of a contract for a one-off service, there shall be no minimum period for which the User is bound by the contract. The User’s obligations under the specific service contract, including all obligations provided for in these General Terms and Conditions, shall exist for the period necessary for the full performance and completion of the relevant service.
(11) Ordering and concluding a contract for a specific service through the Platform shall not require the provision of a deposit, guarantee, blocking of funds, or any other financial security by the User, unless expressly provided otherwise for a particular category of services on the Platform or in special terms and conditions, in which case the terms and amount of the deposit or guarantee shall be indicated to the User before the final confirmation of the Order Request.
(12) Certain services may be provided for performance in more than one visit where the nature of the service so requires or where otherwise indicated on the Platform. In such cases, information on the number of visits or the manner of performance shall be provided to the User before the final confirmation of the Order Request, insofar as it is known at that time. The Price for the entire service shall be paid at or before the first visit, unless another payment procedure is expressly provided on the Platform or in special terms and conditions.
Price, Payment, and Payment Documents
Art. 17. (1) The User shall owe the price of the service as displayed on the Platform at the time of final confirmation of the Order Request.
(2) The final amount due by the User for each Order Request shall consist of: (a) the Price of the service, payable to the Service Provider; and (b) the Administrative Fee, payable to the Company. The Price under item (a) shall include VAT, where applicable, and all other taxes, fees, and mandatory payments forming part of the value of the service itself. The Administrative
Fee under item (b) shall be payable in addition to the Price. The Price, the Administrative Fee, and the final amount due shall be displayed to the User on the Platform before the final confirmation of the Order Request.
(3) Where, due to the nature of the specific service, the address of performance, a selected additional element, or another expressly stated reason, an additional amount is payable, such amount shall be indicated on the Platform before the final confirmation of the Order Request.
(4) The Administrative Fee shall be payable to the Company and shall accrue directly for its benefit as separate remuneration for its participation as operator of the Platform. The Administrative Fee shall not constitute part of the Price of the Service Provider’s service, shall not be deducted from the amount due to the Service Provider, and shall be independent of the remuneration under paragraph 7 (commission). The amount of the Administrative Fee shall be determined by the Company, and for each specific Order Request the amount displayed on the Platform at the time of final confirmation of the Order Request shall apply.
(5) The Price of the service shall be payable to the relevant Service Provider. The Company may accept, hold, process, and forward payments on behalf and for the account of the Service Provider where this has been agreed between them.
(6) The acceptance, processing, holding, or forwarding of a payment by the Company shall not make the Company a party to the contract for the service itself and shall not result in the Company assuming the obligations of the Service Provider under that service.
(7) The Company shall be entitled to remuneration, commission, or other agreed compensation from the Service Provider for the connection, ordering, administration, confirmation, payment, or other assistance carried out through the Platform in relation to the relevant service.
(8) The Company’s compensation under paragraph 7 shall be payable by the Service Provider from the moment of confirmation of the Order Request, unless otherwise agreed between the Company and the Service Provider.
(9) The commission shall be payable by reason of the connection established through the Platform and shall not depend on whether the service is subsequently performed, how it is performed, whether a dispute has arisen between the User and the Service Provider, or whether grounds for refunding amounts have arisen between them, unless expressly agreed otherwise between the Company and the Service Provider.
(10) In the event of an obvious technical error in the displayed price, which a User acting in good faith could identify having regard to the type of service and the usual conditions for its provision, the Company and/or the Service Provider shall have the right to refuse confirmation of the Order Request, and if it has already been confirmed, to notify the User and propose a lawful resolution of the matter, including termination of the Order Request and refund of the amount paid, where necessary.
(11) Prices on the Platform shall be displayed in euro, unless otherwise provided by applicable law.
Art. 18. (1) The Platform supports the following payment methods:
1. online payment by debit or credit bank card (Mastercard, Visa, or another accepted card brand) through a virtual POS terminal or another secure payment interface provided by a payment service provider with whom the Company has a contractual relationship;
2. online payment through a payment service provider or electronic money institution with whom the Company has a contractual relationship, where such option is available on the Platform;
3. on-site payment by cashless payment using a debit or credit bank card through a physical card payment acceptance device;
4. on-site cash payment to the Service Provider in euro, where such option is expressly provided on the Platform for the relevant category of services and/or for the relevant Service Provider.
(2) The Company shall have the right at any time to add, remove, or modify the supported payment methods, as well as to introduce additional technical or organisational requirements for their use.
(3) Cash payment shall be accepted only for categories of services and/or Service Providers for which such option is expressly provided and indicated on the Platform, under the terms of paragraphs 14–17 of this Article.
(4) Where advance payment is provided for the relevant service, the Order Request shall be deemed confirmed after successful completion of the payment, unless otherwise provided on the Platform or in other terms.
(5) Where the payment is not successfully completed, the Order Request shall have no effect, unless expressly stated otherwise on the Platform.
(6) Where on-site cashless payment is provided for the relevant service, the User shall be required to make the payment at the time and in the manner indicated on the Platform or reflected in the Order Request.
(7) Except for the Price and Administrative Fee due for the relevant Order Request, the use of the Platform for browsing, ordering services, and communication in connection with them shall not involve any other additional costs for the User, other than ordinary costs, including, without limitation, for internet access or mobile data, which the User pays to their internet service provider or mobile operator in accordance with the terms of the agreement concluded between them.
(8) The processing of online bank card payments through the Platform shall be carried out by payment service providers licensed in accordance with applicable law, with whom the Company has contractual relationships. The User’s bank card data shall not be stored by the Company and shall not pass through the Platform’s servers.
(9) In the case of online payment by bank card, the User shall be redirected to a secure payment processing page supporting three-domain authentication technology (3D Secure) or another equivalent strong customer authentication mechanism in accordance with applicable law. The Company and its payment service providers shall comply with the security requirements of the international card organisations Mastercard and Visa.
(10) Where payment is made through an electronic money institution or another payment service provider other than the servicing bank, the transaction shall be processed under the terms, security rules, and technical requirements of the relevant provider, in compliance with applicable law.
(11) Upon successful online payment through the Platform, the Company shall send the User confirmation by email containing at least the number, the type of service, and the amount paid.
(12) The specific payment service providers through which payments are processed may be indicated on the relevant page of the Platform. The Company shall have the right at any time to replace, add, or remove payment service providers.
(13) Where, for the purpose of making a payment, the User is redirected to an interface or environment of an external payment service provider, the relationship between the User and the relevant provider shall be governed by that provider’s terms. The Company shall not be liable for the acts, omissions, technical errors, or limitations of the external payment service provider.
(14) Where cash payment is provided as an option on the Platform for the relevant service, the User shall pay in cash the full amount due under the Order Request, including the Price of the service and the Administrative Fee, and any other displayed payments, before completion of the Order Request, if any, at the time of the Service Provider’s arrival at the address of performance and before commencement of performance, unless another payment time is expressly provided on the Platform or in special terms and conditions.
(15) In the case of cash payment under paragraph 14, the Service Provider shall accept the payment through the Company’s own fiscal device. The fiscal receipt shall be provided to the User at the time of receipt of the on-site payment or electronically, where applicable. The Company shall also issue an invoice upon request by the User in accordance with applicable law.
(16) After receipt of the cash payment, the Company shall retain the Administrative Fee, the commission due to it by the Service Provider, and any other agreed remuneration, and the net amount due to the Service Provider shall be transferred to the Service Provider in accordance with the procedure and within the time limits agreed in the relationship between the Company and the Service Provider.
(17) Cash payment shall be made in euro and in an amount not exceeding the maximum amount for cash payments established under applicable Bulgarian law, calculated with reference to the full amount due under the Order Request. The Company and the Service Provider shall refuse to accept cash payment where it exceeds the said maximum amount, where it is offered in a foreign currency, where there are reasonable doubts as to the authenticity of the banknotes, and in other cases where payment must be refused under applicable law. In the event of refusal to accept cash payment on the grounds set out in the preceding sentence, where attributable to the User’s fault, the rules of Article 24 shall apply.
Art. 19. (1) Where agreed between the Company and the relevant Service Provider, the Company may issue, on behalf and for the account of the Service Provider, the necessary payment and accounting documents in connection with the payment made by the User.
(2) Unless expressly agreed otherwise, the documents under paragraph 1 shall be deemed issued on behalf and for the account of the Service Provider, and not on behalf of the Company.
(3) The acceptance of payment and the issuance of a document by the Company on behalf and for the account of the Service Provider shall not change the parties to the service contract and shall not make the Company the provider of that service.
(4) Where an invoice is requested by the User, it shall be issued in accordance with applicable law and in accordance with the role of the relevant person in the specific legal relationship.
(5) The documents under this Article may be provided to the User by email, through their account on the Platform, or by another method permitted by law.
Art. 20. (1) In the event of a disputed payment, duplicate payment, reversal, cardholder refusal, card transaction dispute, or other similar case, the Company shall have the right to take the necessary actions for processing, verification, temporary withholding, set-off, refusal of payout, or assistance with refunding amounts, where this is required by law, by mandatory rules of a payment intermediary, bank, electronic money institution, or card scheme, or by the need to protect the rights and legitimate interests of the Company.
(2) The economic risk and final financial burden in respect of any dispute relating to the service itself, its non-performance, defective performance, refusal of performance, incorrect charging, inaccurate information, the User’s right to receive back the amount paid, or any other ground arising from the contract between the User and the Service Provider shall be borne by the Service Provider.
(3) The Company shall have the right to set off amounts under paragraph 2 against funds held for the Service Provider or against future payments to the Service Provider.
(4) The Company shall not owe the Service Provider compensation for amounts withheld, blocked, refunded, or not received as a result of actions by a payment intermediary, bank, card scheme, or competent authority.
(5) The Company shall not be required to refund amounts to the User from its own funds unless this is required by law, by mandatory rules of a payment intermediary, bank, electronic money institution, or card scheme, or unless the Company decides, at its discretion, to make such payment.
(6) Where the Company refunds an amount to the User in a situation where the final financial obligation is for the account of the Service Provider, the Company shall have the right to seek from the Service Provider full reimbursement of the amount paid, as well as all related costs, fees, and deductions.
Additional Services Ordered On Site
Art. 21. (1) Where the Service Provider is located at the address of the Service Recipient and the relevant functionality is available on the Platform, the Service Provider may, through their Service Provider Account, enter a proposal for an Additional Service.
(2) An Additional Service may be ordered only if it is recorded through the Platform.
(3) Before acceptance of the Additional Service, the User shall be provided with information at least on its name, price, and essential parameters.
(4) After the Additional Service has been entered, it shall be reflected in the User Account.
Art. 22. (1) The Additional Service shall be deemed accepted by the User at the moment of payment for it, unless another lawful method of acceptance is expressly provided on the Platform or in special terms and conditions.
(2) Payment for the Additional Service shall be made before its performance.
(3) The making of the payment under paragraph 1 shall constitute both acceptance of the proposed Additional Service and consent to pay the price displayed for it.
(4) After payment, the Platform shall reflect the Additional Service and the payment for it in the User Account, and, where applicable, the relevant document shall also be issued in accordance with these General Terms and Conditions.
(5) The Service Provider shall not be entitled to perform the Additional Service before it has been reflected on the Platform and before the payment due has been made, unless expressly provided otherwise for a particular category of services on the Platform or in special terms and conditions.
(6) The Service Provider shall not be entitled to offer, agree, order, accept payment for, or perform outside the Platform any Additional Service related to the visit, the Order Request, the Service Recipient, or the initially ordered service where, by its nature, such service can be ordered through the Platform.
(7) Each Additional Service under this Section shall be subject to mandatory recording through the Platform. For such service, the Service Provider shall owe the Company the relevant commission or other agreed remuneration in accordance with the relationship between them.
(8) Failure to record the Additional Service on the Platform shall not release the Service Provider from their obligations towards the Company and shall be deemed a breach of these General Terms and Conditions, the applicable special terms and conditions, if any, and the relationship between the Company and the Service Provider.
Performance of Services
Art. 23. (1) When ordering a service, the User shall be required to indicate an accurate, complete, valid, and accessible address for its performance.
(2) The User shall be required to ensure the presence at the address of the User, the Service Recipient, or another necessary person, where the nature of the service requires/allows this, as well as to ensure cooperation, access, and the minimum factual conditions necessary for the performance of the service. Where the description of the relevant service on the Platform or the applicable special terms and conditions state that certain medicinal products, consumables, devices, equipment, materials, or other items must be provided by the User, the User shall be required to ensure their availability at the address of performance at the time of arrival of the Service Provider.
(3) The User shall be required, through the Platform or using the contact details indicated for the Service Provider and/or the Company, to provide true and sufficient information regarding all specific circumstances that may be relevant to the performance of the service, including access to a building, entrance, floor, premises, particular features of the location, existence of hazards, access restrictions, the need for a prior telephone call, or any other circumstance that could hinder or prevent performance.
(4) In the event of a problem with the address, access, telephone communication, clarification of the time, or any other circumstance affecting performance, the Company and/or the Service Provider shall have the right to contact the User through the communication channels indicated by the User.
(5) Where the User fails to ensure the conditions under this Article and, as a result, performance of the service becomes impossible, delayed, unsafe, or materially hindered, the rules of Article 24 shall apply.
(6) The services shall be performed at an address which, by its nature and actual purpose, is suitable for the provision of the relevant service, such as a home, office, workspace, or another enclosed or separate premises providing the necessary practical, hygienic, technical, and spatial conditions. It shall not be permitted to order performance at an address constituting a public place, public area, open space without a separate private environment, or any other place which, by its nature or under applicable law, professional standards, or regulatory requirements, is incompatible with the safe, lawful, and quality performance of the specific service. The admissibility of the address shall be assessed having regard to the nature of the ordered service, applicable law, the relevant professional standards, and regulatory requirements. In case of doubt, the Service Provider shall have the right to refuse performance in accordance with paragraph 5 and Article 24.
Art. 24. (1) Where the Service Provider has duly arrived at the indicated address and performance of the service cannot be carried out for a reason falling within the sphere of responsibility of the User, the Service Recipient, or another person for whom they are responsible, the service shall be deemed frustrated due to a reason attributable to the User, and the remuneration for it shall remain payable in full.
(2) A reason for which the Service Provider is not responsible shall include, without limitation:
1. an incorrect, incomplete, inaccurate, or misleading address;
2. lack of access to the building, property, entrance, dwelling, premises, or place of performance;
3. absence of a person at the address;
4. no-show of the User, the Service Recipient, or another necessary person;
5. refusal to provide cooperation;
6. impossibility to perform the service safely;
7. failure by the User or the Service Recipient to provide medicinal products, consumables, medical devices, equipment, materials, or other items which, according to the description of the relevant service on the Platform or the applicable special terms and conditions, must be provided by the User;
8. existence of a risk to the life, health, bodily integrity, or safety of the Service Provider, the Service Recipient, or other persons present;
9. existence of hygienic, sanitary, or epidemiological conditions incompatible with the safe performance of the service;
10. aggressive, threatening, offensive, or other unacceptable conduct by a person and/or animal present at the address;
11. use or visible signs of use of alcohol, narcotic, or intoxicating substances by the Service Recipient, preventing safe performance or the giving of valid informed consent;
12. absence of other minimum practical, technical, or organisational conditions necessary for the performance of the service in accordance with the applicable professional rules and the nature of the service.
(3) In the circumstances under paragraph 1, the Service Provider shall wait for 10 minutes from the agreed time, unless a longer period is expressly provided for the relevant category of services on the Platform or in special terms and conditions.
(4) For the purpose of establishing that the Service Provider was on site and attempted performance, the existence of one or more of the following circumstances shall be sufficient:
1. an entry on the Platform;
2. a timestamp in the system;
3. location data, where such functionality is used lawfully;
4. a log of a telephone call, short text message, app notification, or other electronic message to the User;
5. an internal record or declaration by the Service Provider in the system;
6. other technical or documentary traces capable of establishing arrival and the attempt to perform.
(5) Where performance of the service is impossible due to circumstances beyond the control of the User and the Service Provider, including, without limitation, severe weather conditions, disasters, accidents, blocked access, orders of competent authorities, sudden danger to life or health, or other objective obstacles, the service shall not be deemed frustrated due to a reason attributable to the User. In such cases, the User and the Service Provider shall use reasonable efforts to reschedule the service for another day and time. If rescheduling is impossible or unreasonable having regard to the nature of the service and the circumstances of the specific case, the rules of these General Terms and Conditions regarding termination of the Order Request and refund of amounts shall apply.
(6) In the cases under paragraph 5, the Company shall not be liable for the impossibility of performance itself where such impossibility is due to objective circumstances beyond its control.
(7) In the event of two or more frustrations of ordered services, no-shows, refusals to provide cooperation, failure to provide access, or other repeated acts or omissions by the User or the Service Recipient resulting in the impossibility to perform the ordered services, the Company shall have the right to apply the measures provided for in Section XV of these General Terms and Conditions, including restriction, suspension, or termination of access to the Platform or to individual functionalities thereof.
(8) The User expressly declares and accepts that the services are provided at the home of the Service Recipient or at another indicated address and that the Service Provider shall have the right, acting in good faith and on the basis of their professional judgement, on site and having regard to the specific circumstances, to refuse performance of the ordered service, in whole or in part, before commencement or in the course of performance, where the Service Provider considers that suitable conditions for its safe, lawful, and quality performance are not present, including, without limitation, for reasons relating to the protection of the life, health, and safety of the persons involved. Such refusal shall not constitute non-performance of the contract by the Service Provider and shall not give rise to liability for the Service Provider or the Company. Where the ground for refusal falls within the sphere of the User or the Service Recipient, paragraph 1 shall apply.
Art. 25. (1) Where the service is not performed, is performed inaccurately or defectively, or performance is not carried out due to a reason for which the Service Provider is responsible, the Service Provider shall bear liability therefor.
(2) The relationships arising from non-performance, inaccurate performance, defective performance, or the need to refund an amount paid due to a reason for which the Service Provider is responsible, as well as in the cases under Article 24, paragraph 5, third sentence, shall be settled between the User and the Service Provider in accordance with these General Terms and Conditions, the applicable special terms and conditions, and the legislation in force.
(3) The Company shall not become a party to a dispute between the User and the Service Provider solely because an amount relating to the relevant service has been accepted, processed, held, or forwarded through the Platform.
(4) Where, due to a reason for which the Service Provider is responsible, an amount is refundable to the User, as well as in the cases under Article 24, paragraph 5, third sentence, the Service Provider shall owe the refund of the full amount paid by the User, and not only the net amount remaining after deduction of remuneration, commission, or other compensation in favour of the Company.
(5) The rules concerning cancellation, modification, rescheduling, and refund of amounts shall apply together with the provisions of the following Section.
(6) A User who qualifies as a consumer within the meaning of the CPA shall have the right to a statutory guarantee of conformity of the service pursuant to Articles 122 and 123 of the CPA, where applicable. The Service Provider shall be liable for any lack of conformity of the service with the contract which exists at the time of its provision and becomes apparent within the time limits under Article 123 of the CPA, and in the event of non-conformity the User may request from the Service Provider the provision of a service that conforms to the contract, a price reduction, or termination of the contract. The Company shall not be liable under this guarantee but may assist with communication between the User and the Service Provider.
(7) The User may submit a complaint for non-conformity of the service with the contract within 14 days from provision of the service by sending a written message to the Company’s email address specified in Article 1, paragraph 1, or directly to the Service Provider, or through the communication means provided on the Platform. The complaint shall contain the User’s details, the Order Request number, a description of the non-conformity, and a specific request. The Company shall forward the complaint to the relevant Service Provider and shall notify the User of the actions taken within a reasonable period. The foregoing shall not limit the User’s rights under Article 25, paragraph 6 and under applicable law.
Cancellation, Modification, and Rescheduling
Art. 26. (1) This Section governs the rules for cancellation of an already ordered service, requests for modification, rescheduling, and the related consequences.
(2) The provisions of this Section shall not exclude or limit any rights of the User which may not be restricted under applicable law.
(3) Where a mandatory statutory regime concerning the right of withdrawal from a distance contract applies to the relevant category of services, such regime shall prevail over any conflicting provision of this Section.
Art. 27. (1) The User may cancel an ordered service without owing the Price, provided that the cancellation is made no later than 24 hours before the agreed time, unless a more favourable mandatory statutory regime applies to the relevant service.
(2) Where the cancellation is made later than 24 hours, but no later than 12 hours before the agreed time, the User shall owe 50 per cent of the Price of the service, unless a mandatory statutory regime applicable to the relevant service excludes or modifies this rule.
(3) Where the cancellation is made later than 12 hours before the agreed time, the User shall owe the full Price of the service, unless a mandatory statutory regime applicable to the relevant service excludes or modifies this rule.
(4) The cancellation shall take effect from the moment it is duly recorded on the Platform or from the moment it is received by the Company or by the Service Provider through an admissible communication channel.
(5) The rules under paragraphs 1–3 shall also apply to categories of services for which the statutory right of withdrawal from a distance contract is excluded pursuant to Article 46 of the CPA, including healthcare services provided by medical professionals to patients for the purpose of assessing, maintaining, or restoring their health condition, including the prescription, fulfilment of medical prescriptions, and provision of medicinal products and medical devices. For such services, the statutory right of withdrawal shall not apply, and therefore the time limits and consequences in the event of cancellation, modification, or rescheduling shall be governed entirely by this Article.
(6) Where the User qualifies as a consumer within the meaning of the CPA, the Administrative Fee payable in the event of cancellation of an Order Request shall follow the treatment of the Price in accordance with paragraphs 1–3. Where the User does not owe the Price or owes only part of it, the Administrative Fee shall respectively not be payable or shall be payable in the same proportion and shall be refundable in the relevant part if already paid.
(7) Where the User does not qualify as a consumer within the meaning of the CPA, the Administrative Fee shall be payable in full from the moment of confirmation of the Order Request and shall not be refundable in the event of subsequent cancellation, modification, or rescheduling of the Order Request.
Art. 28. (1) The User may request a change of the date, time, time slot, address, or another essential parameter of the ordered service.
(2) The request under paragraph 1 shall be considered taking into account the technical capabilities of the Platform, the availability of the Service Provider, the nature of the service, and the applicable special terms and conditions, if any.
(3) The requested modification or rescheduling shall have no effect unless it is expressly confirmed through the Platform or in another manner expressly provided therein.
(4) Where the requested modification in substance results in a different service, a different price, a different scope of performance, or different conditions of provision, a new Order Request may be required.
(5) Where rescheduling is requested due to circumstances under Article 24, paragraph 5, the parties shall use reasonable efforts to arrange it for another day and time.
Art. 29. (1) Where the User qualifies as a consumer and a right of withdrawal under the CPA applies to the relevant service, the User shall have the right to withdraw from the contract within a 14-day period, calculated from the date determined by applicable law, without giving any reason and without owing compensation, penalty, or other costs, except in the cases expressly provided by law.
(2) The consumer shall exercise their right of withdrawal by using the standard withdrawal form constituting Appendix No. 1 — “Information and Withdrawal Form Concerning the Exercise of the Right of Withdrawal” to these General Terms and Conditions, or by another unequivocal statement sent before the expiry of the applicable period.
Art. 30. (1) Where the User qualifies as a consumer and has requested that performance of a service begin during the withdrawal period and subsequently exercises their right of withdrawal, the User shall owe only the proportionate value of what has actually been provided up to the moment of notification of withdrawal, except in cases where the law excludes such payment obligation.
(2) Where the law permits this for the relevant service, by selecting a specific day and time for performance of the service falling within the period for exercising the right of withdrawal, by completing the Order Request through the Platform, and by accepting these General Terms and Conditions, the User expressly and in advance:
1. requests that performance of the service begin before expiry of the withdrawal period;
2. gives consent for performance to begin before expiry of the withdrawal period;
3. confirms that they are aware that they will lose their right of withdrawal after full performance of the service, where this is provided for under applicable law.
Art. 31. (1) Where a refund is due by law, under these General Terms and Conditions, or under applicable special terms and conditions, such refund shall be made by the person obliged to do so in accordance with the specific legal relationship and applicable law.
(2) The Company may, at its discretion, where permissible and technically possible, assist with the technical execution of the refund, without thereby becoming a debtor under the relevant legal relationship.
(3) Where the consumer validly exercises a right of withdrawal under the applicable statutory procedure, the refund of amounts shall be made under the conditions, in accordance with the procedure, within the time limit, and by the means of payment provided for in applicable law and these General Terms and Conditions.
Special Warnings and Statements
Art. 32. (1) The Platform is not intended for emergency, life-threatening, acute, or rapidly deteriorating conditions requiring immediate professional response.
(2) The Platform is not a substitute for the single European emergency number 112, emergency medical centres, emergency departments, urgent medical care, veterinary emergency care, or any other competent emergency service.
(3) The Platform should not be used in conditions where any delay may create a risk to the life, health, bodily integrity, or safety of a person or animal.
(4) The Company does not guarantee an immediate response, immediate acceptance of an Order Request, immediate confirmation, immediate arrival of a Service Provider, or the possibility of performance at any time and at any place.
(5) In the event of an emergency, the User should immediately contact the single European emergency number 112 or the nearest relevant competent medical, veterinary medical, or other specialised unit.
Art. 33. (1) All professional decisions, assessments, instructions, prescriptions, recommendations, actions, manipulations, interventions, protocols, documents, and other professional acts related to a specific service shall fall entirely within the sphere of the relevant Service Provider.
(2) The Company does not prepare, approve, validate, or bear professional responsibility for the content, correctness, or medical, veterinary medical, pharmaceutical, technical, household-related, or other professional justification of the actions and documents of the Service Provider.
(3) The availability of a service on the Platform, its description, ranking, display, technical administration, ordering, confirmation, or payment through the Platform shall not constitute advice, an opinion, a recommendation, a guarantee, approval, or assumption of professional responsibility by the Company for the relevant service or for the relevant Service Provider.
(4) The User shall be required to independently assess, where necessary with the assistance of a competent specialist, whether the relevant service is appropriate for the specific case, insofar as this does not follow directly from the nature of the service already ordered and from the applicable professional rules.
Art. 34. (1) The descriptions, names, presentations, and designations of the services on the Platform shall have a general informational, commercial, and guidance purpose, unless expressly stated otherwise for a specific service.
(2) The use of terms such as infusion, therapy, care, recovery, improvement, support, comfort, relief, assistance, cleaning, home care, help, maintenance, or other similar designations, as well as the names of the services themselves, shall not constitute a promise, guarantee, or undertaking to achieve a specific result.
(3) No description, presentation, or name of a service on the Platform shall be interpreted as a guarantee that a particular medical, veterinary medical, pharmaceutical, aesthetic, household-related, technical, organisational, or other result will be achieved.
(4) Where the nature of a particular service requires an individual assessment, the specific scope, manner, duration, applicability, and result of performance shall be determined according to the particularities of the specific case and the professional judgement of the Service Provider.
(5) The availability of a particular service on the Platform shall not mean that such service is appropriate, permissible, necessary, or applicable for every specific case, address, person, animal, object, or situation.
(6) The services offered through the Platform shall not be paid for, covered, reimbursed, or assumed, in whole or in part, by the National Health Insurance Fund (NHIF), by any other public health insurance fund, by mandatory health insurance, by private health insurance companies, by insurers under voluntary health insurance, by insurers under life, accident, illness, or other insurance, by employers, by social funds, or by any third party whatsoever, unless expressly and clearly stated otherwise on the Platform for a specific service. Payment for the services shall be made entirely by the User in accordance with the procedure and under the terms set out in these General Terms and Conditions. The fact that the User has health insurance, insurance, or other rights in relation to a third party shall not give rise to any obligation for the Company or the Service Provider to provide the service free of charge, at a discount, or at the expense of the relevant third party, nor to assist in obtaining coverage or reimbursement from such party.
(7) All images, photographs, graphics, illustrations, videos, animations, visualisations, and other visual materials published on the Platform shall be illustrative and for guidance purposes only and shall not constitute an accurate, binding, or exhaustive representation of the actual appearance, scope, manner of performance, result, environment, equipment, premises, clothing, materials, or other factual parameters of the relevant service, the Service Provider, or the conditions of performance.
Art. 35. (1) The content of the Platform shall not constitute individual medical consultation, veterinary medical consultation, pharmaceutical consultation, legal advice, technical opinion, or any other personalised professional advice.
(2) The Platform shall not replace an examination, diagnosis, treatment, monitoring, emergency care, physical inspection, individual professional assessment, or any other necessary professional action where such action is required having regard to the specific case.
(3) The User should not delay seeking competent professional assistance solely due to browsing, using, or waiting for a service through the Platform.
(4) The general description, display, presentation, indicative duration, or other general parameter of a service on the Platform shall not exclude the possibility that the specific performance may differ depending on the particularities of the case, the place of performance, and the professional or factual assessment of the relevant Service Provider.
Art. 36. (1) In the case of services which, by their nature, concern health, bodily integrity, safety, hygiene, childcare, animal care, access to a home, work in private property, or another sensitive interest, the User shall be required to provide, in a timely manner, complete, true, and accurate information regarding all circumstances that may be relevant to the safe and lawful performance of the service.
(2) The Company shall not be liable for adverse consequences arising from information not provided, or from inaccurate, incomplete, or misleading information provided by the User, where such information was relevant to the proper performance of the service.
Art. 37. (1) The submission of an Order Request through the Platform, its confirmation, the performance of a specific service, or the exchange of messages through the Platform shall not create any obligation for continuous observation, monitoring, control, subsequent reminder, follow-up check, or continuing service by the Company.
(2) Where follow-up care, monitoring, or additional professional action is necessary for a specific service, such care, monitoring, or action shall be determined and borne by the relevant Service Provider in accordance with the nature of the service and the applicable professional rules.
Art. 38. (1) The availability of a particular service on the Platform shall not mean that such service is available for every address, locality, time slot, specific case, or under all factual conditions.
(2) The possibility to order and perform a service shall depend on the availability of a relevant Service Provider, the schedule entered by them, the technical and organisational capabilities of the Platform, as well as the particularities of the specific case.
(3) The services offered through the Platform shall be available within the territory of the Republic of Bulgaria, and the Company reserves the right to expand the geographical scope of the Platform.
Documents and Content
Art. 39. (1) All documents which, by law, under applicable professional rules, by the nature of the relevant service, or in the specific case, are to be prepared, signed, issued, provided, served, stored, or used in connection with the actual performance, certification, reporting, or subsequent follow-up of the service, including, without limitation, informed consents, records, discharge summaries, prescriptions, referrals, results, medical orders, opinions, forms, certifications, declarations, protocols, and any other professional documents, shall fall entirely within the sphere of the relevant Service Provider.
(2) The Service Provider shall bear full responsibility for the content, form, lawfulness, accuracy, completeness, validity, signing, issuance, storage, and provision of the documents under paragraph 1, as well as for whether they comply with the applicable statutory and professional requirements.
(3) The provisions of paragraphs 1 and 2 shall not apply to payment, fiscal, and accounting documents issued by the Company on behalf and for the account of the Service Provider, where this is provided for in these General Terms and Conditions or in the relationship between the Company and the Service Provider.
(4) The Company does not prepare, sign, approve, validate, or bear professional responsibility for the documents under paragraph 1, nor for their content, lawfulness, sufficiency, accuracy, validity, completeness, authenticity, or evidentiary value, unless expressly provided otherwise by applicable law.
(5) Where the Platform provides a technical possibility for the exchange, uploading, viewing, downloading, storage, sending, or access to documents, this shall constitute a technical and organisational functionality and shall not make the Company the author, issuer, signatory, or bearer of professional responsibility for the relevant document, except in the cases under paragraph 3 or where expressly provided otherwise by law or in these General Terms and Conditions.
Art. 40. (1) The Platform may provide the User, the Service Provider, or both with the possibility to upload documents, information, files, images, and other information where this is provided for in its functionalities.
(2) The person who uploads, sends, enters, shares, or otherwise provides a document or content through the Platform shall bear full responsibility for having the right to do so, for the content being lawful, relevant to the respective service, true, accurate, and complete, for it not infringing the rights and legitimate interests of third parties, and for its provision through the Platform being permissible under applicable law.
(3) It shall be prohibited to upload, send, or provide through the Platform documents or content that are false, misleading, unlawful, offensive, threatening, harmful, contain malicious code, infringe third-party rights, constitute misuse of another person’s data, or otherwise contravene the law, these General Terms and Conditions, good morals, or the purpose of the Platform.
(4) The Company shall have no general obligation to verify in advance the documents and content uploaded, but shall have the right at any time to restrict, block, remove, render inaccessible, or refuse to accept a document or content where this is required by law, for security reasons, for the protection of rights or legitimate interests of the Company, a User, a Service Provider, or a third party, due to suspected breach of these General Terms and Conditions, or for another justified reason.
(5) Upon request by the Company, the person referred to in paragraph 2 shall be required, within 24 hours, to provide information, explanations, or evidence regarding their right to upload the relevant document or content, its origin, relevance, and lawfulness.
(6) Failure to remedy a breach, refusal to cooperate, or failure to provide the requested information and evidence under paragraph 5 shall entitle the Company to restrict access to the relevant content, to the relevant functionality, or to the relevant account, without prejudice to any other rights and remedies provided for in these General Terms and Conditions, in the agreement with the Service Provider, or under applicable law.
Rights and Obligations of the User
Art. 41. (1) The User shall have the right to use the Platform in accordance with its functionalities, purpose, these General Terms and Conditions, the applicable special terms and conditions, and the legislation in force.
(2) Before the final confirmation of the Order Request, the User shall have the right to receive the information provided on the Platform regarding the relevant service, the Price, the ordering terms, and the details of the specific Service Provider, where applicable.
(3) The User shall have the right to access their User Account, review the information available therein, and use the functionalities made available by the Platform for ordering, modification, rescheduling, uploading documents, receiving notifications, and other functionalities, where available.
(4) The User shall have the right to submit enquiries, requests, notices, reports, and complaints in accordance with the procedure provided for in these General Terms and Conditions and on the Platform.
Art. 42. (1) The User shall be required to:
1. provide true, accurate, complete, and up-to-date data;
2. use the Platform in good faith, for its intended purpose, and in accordance with the legislation in force;
3. not use another person’s data, identity, or capacity, except in the cases expressly permitted under these General Terms and Conditions;
4. not order services without a genuine intention to use them;
5. carefully review the data relating to the Order Request, including the details of the specific Service Provider, before final confirmation;
6. ensure an accurate address, access, cooperation, and the necessary conditions for performance of the service;
7. pay the Prices and all other amounts due within the prescribed time limits and in accordance with the prescribed procedure;
8. not circumvent the Platform in a manner that affects the rights, legitimate interests, or remuneration of the Company or the Service Provider;
9. not perform any actions that hinder, disrupt, damage, or threaten the normal functioning, security, or reputation of the Platform;
10. comply with all applicable instructions, rules, and technical requirements published on the Platform;
11. ensure suitable, safe, hygienic conditions at the address of performance which are compatible with the nature of the ordered service, including access, space, lighting, and other necessary household and technical conditions, and refrain from any conduct that may hinder or endanger performance by the Service Provider.
(2) The User shall be required immediately to notify the Company in the event of an identified error, unauthorised use, suspected misuse, unauthorised access, or any other material breach related to the use of the Platform.
(3) The User shall be responsible for all of their actions and omissions performed through the Platform, including for the content and data that they provide, upload, send, enter, or confirm through it.
(4) When making payment by bank card, the User shall be required to:
1. enter correctly and completely the payment/bank card details, including the card number, expiry date, cardholder name, and security code;
2. ensure, before making the payment, that the card is active, that there are sufficient funds or credit limit available, and that there are no restrictions on online payments that would prevent the successful completion of the transaction;
3. complete the 3D Secure authentication process where such process is required by the card issuer;
4. use only a bank card of which they are the lawful holder or for which they are duly authorised.
Art. 43. (1) The User shall be prohibited from:
1. uploading, sending, providing, publishing, or disseminating through the Platform any unlawful, false, misleading, offensive, threatening, discriminatory, harmful, or otherwise impermissible content;
2. using the Platform for fraud, misuse, deception, circumvention of the law, or other unlawful purposes;
3. carrying out or attempting to carry out unauthorised access to the Platform, to other persons’ accounts, to data, to server environments, or to systems connected with the Platform;
4. extracting data by automated means, copying datasets, carrying out unauthorised collection of information, or using scripts, bots, crawlers, or other technical means, unless expressly permitted;
5. carrying out decoding, reverse engineering, circumvention of technical restrictions, overloading, blocking, disruption, or compromising of the security of the Platform;
6. using the Platform in a manner that may endanger the life, health, safety, reputation, property, or rights of the Company, a Service Provider, another User, or a third party;
7. entering, uploading, or disseminating content containing malicious code, viruses, harmful commands, or other means capable of damaging the Platform or its users;
8. using the Platform in breach of these General Terms and Conditions, good morals, its intended purpose, or in a manner that circumvents the rules provided therein for ordering, payment, documentation, and communication.
(2) Breach of the prohibitions under paragraph 1 shall be deemed a material breach of these General Terms and Conditions and shall entitle the Company to apply the measures provided for therein, including restriction, suspension, or termination of access to the Platform, without prejudice to any other rights and remedies available under law.
Rights and Obligations of the Service Provider
Art. 44. (1) The Service Provider shall have the right to:
1. use the Platform and the functionalities made available to them through it in accordance with these General Terms and Conditions, the applicable special terms and conditions, the agreement concluded with the Company, and the legislation in force;
2. receive Order Requests for services through the Platform where such Order Requests correspond to the schedule, availability, and scope of services offered as entered by the Service Provider;
3. receive the Price of the service under the terms and in accordance with the procedure applicable to the specific legal relationship;
4. use the Platform to record the status of the service, to enter data, to upload documents, and to carry out the communication permitted through it;
5. refuse performance of an ordered service in accordance with the procedure and under the terms of Article 24a where, in the Service Provider’s good-faith professional judgement, suitable conditions for safe, lawful, and quality performance are not present.
(2) The rights under paragraph 1 shall be exercised in good faith, for their intended purpose, and without prejudice to the rights of the User, the Company, or third parties.
Art. 45. (1) The Service Provider shall be required to:
1. offer and provide only services which they are entitled to perform under applicable law, the applicable professional rules, and their legal and factual status;
2. bear full responsibility for the lawfulness, permissibility, quality, manner, scope, timeframe, and result of the performance of the services, insofar as the nature of the service allows responsibility for a result to be assumed;
3. ensure the performance of the services by persons who possess the necessary legal capacity, qualifications, competence, and legal basis for carrying them out, where this is required;
4. provide accurate, complete, and up-to-date data regarding their identification, contact details, and all other circumstances relevant to the ordering, performance, or documentation of the services;
5. accurately, promptly, and completely record the status of Order Requests and the actions performed on the Platform;
6. comply with the agreed day, time, time slot, place, and other parameters of the ordered service, unless there is a lawful ground for refusal, postponement, modification, or suspension;
7. issue and/or ensure the issuance of all documents which, by law, under professional rules, or by the nature of the service, must be prepared, signed, provided, served, stored, or used;
8. refund to the User the full amount where such refund is due by law, under these General Terms and Conditions, under applicable special terms and conditions, or due to a reason for which the Service Provider is responsible;
9. comply with the requirements for confidentiality, professional secrecy, personal data protection, and lawful processing of information to which they obtain access in connection with the use of the Platform and the provision of the services;
10. use the Platform in good faith and refrain from any actions that may harm the rights, legitimate interests, reputation, security, or activities of the Company, a User, another Service Provider, or a third party.
(2) The Service Provider shall be required immediately to notify the Company of any circumstance that may result in impossibility, unlawfulness, material delay, danger, or another material deviation in the performance of an ordered service.
(3) The Service Provider shall be required to provide the necessary cooperation to the Company in connection with the review of any report, complaint, dispute, disputed payment, request for information, refund request, or other circumstance related to a service ordered through the Platform.
Art. 46. (1) The Service Provider shall be prohibited from:
1. offering, ordering, accepting payment for, or performing through the Platform services which they cannot lawfully provide;
2. presenting false, incomplete, misleading, or deceptive data regarding themselves, the services offered, their availability, price, scope, characteristics, or conditions of performance;
3. confirming, accepting, or leaving as available services which they cannot or do not intend to perform;
4. performing actions or making statements on behalf of the Company unless expressly assigned or permitted to do so in writing;
5. agreeing, accepting, or directing payments outside the Platform in breach of these General Terms and Conditions, the applicable special terms and conditions, or their relationship with the Company;
6. using information obtained through the Platform for purposes incompatible with the ordered service, applicable law, or the rights and legitimate interests of the User, the Company, or third parties;
7. uploading, sending, storing, or disseminating through the Platform documents or content that are unlawful, false, misleading, offensive, threatening, harmful, infringe third-party rights, or contain malicious code;
8. using the Platform in a manner contrary to the law, these General Terms and Conditions, the applicable special terms and conditions, their agreement with the Company, or good morals.
(2) Breach of the prohibitions under paragraph 1 shall be deemed a material breach of these General Terms and Conditions and shall entitle the Company to apply the measures provided for therein, without prejudice to any other rights and remedies available under law or contract.
Restriction, Suspension, and Termination of Access
Art. 47. (1) The Company shall have the right temporarily or permanently to restrict, suspend, block, or terminate access to the Platform, to certain functionalities thereof, to a specific Order Request, to specific content, to a specific User Account, or to a specific Service Provider Account where this is necessary:
1. to comply with applicable law, an act of a competent authority, or mandatory rules applicable to the Company’s activities;
2. to protect the security, integrity, availability, or proper functioning of the Platform;
3. to protect the rights, legitimate interests, life, health, safety, property, data, or reputation of the Company, a User, a Service Recipient, a Service Provider, or a third party;
4. in the event of a breach or reasonable suspicion of a breach of these General Terms and Conditions, applicable special terms and conditions, an agreement with the Company, or applicable law;
5. in the event of the provision, use, or maintenance of false, incomplete, inaccurate, misleading, or outdated data, information, documents, or content;
6. in the event of suspected fraud, misuse, unauthorised access, circumvention of the Platform, impermissible interference with its operation, or other conduct creating a risk for the Platform or its users;
7. where there is conduct, content, action, or omission that is aggressive, offensive, threatening, dangerous, harmful, or otherwise incompatible with the purpose of the Platform, good morals, or the lawful exercise of rights under these General Terms and Conditions;
8. where the Service Provider does not hold, loses, fails to maintain, or fails to prove the existence of a right, registration, permit, legal capacity, qualification, insurance, or other required basis for providing the relevant service;
9. where the Service Provider fails to provide, supplement, or correct within a reasonable period data, information, or documents requested by the Company and necessary for their lawful participation in the Platform;
10. in other circumstances where, according to the nature of the specific case, continuation of access would be contrary to the law, these General Terms and Conditions, or a legitimately protectable interest of the Company or of a third party;
11. where the User or the Service Recipient has, on two or more occasions, frustrated the performance of ordered services for reasons falling within their sphere, including, without limitation: in the event of a no-show or absence of a person at the address; refusal to cooperate or provide access; failure to provide the minimum necessary practical, technical, sanitary-hygienic, spatial, or organisational conditions for performance of the service; failure to ensure safe conditions for performance of the service; aggressive, threatening, offensive, discriminatory, or other unacceptable conduct towards the Service Provider or other persons present; existence of hygienic, sanitary, or epidemiological conditions incompatible with the safe performance of the service; use or visible signs of use of alcohol, narcotic, or intoxicating substances by the Service Recipient, preventing safe performance or the giving of valid informed consent; two or more refusals of performance by a Service Provider in accordance with Article 24, paragraph 2, items 8–12 due to circumstances falling within the sphere of the User or the Service Recipient; two or more cancellations or modifications of Order Requests within a period of one week; or other conduct creating unreasonable difficulty for the Service Providers and for the normal functioning of the Platform.
(2) The measure under paragraph 1 may be applied in whole or in part, for a definite or indefinite period, immediately or after warning, depending on the nature and severity of the specific ground.
(3) The Company shall apply the measure which it considers necessary and proportionate having regard to the specific risk, breach, or protectable interest, including restriction only to a separate functionality, separate service, separate content, separate period of time, or separate category of actions.
Art. 48. (1) Except where immediate action is required by law, for security reasons, due to danger to life or health, due to risk of harm, for the protection of a third party, or for another justified urgent reason, the Company may, before applying a measure under Article 47, provide the affected person with an opportunity to remedy the breach, give explanations, submit documents, or correct the relevant data within an appropriate period.
(2) Where permissible having regard to the law, the protectable interest, and the nature of the case, the Company shall notify the affected person of the measure applied, its scope, and the grounds for it through the Platform, by email, or through another appropriate communication channel.
(3) Where the ground for restriction, suspension, or blocking ceases to exist and there is no other ground for maintaining the measure, the Company may restore access in whole or in part under conditions and in accordance with a procedure determined by it.
(4) Restriction, suspension, blocking, or termination of access shall not affect:
1. the validity of legal relationships already established;
2. the amounts already due;
3. obligations for cooperation, accountability, storage, and provision of information;
4. the Company’s rights to retain the necessary data and evidence in accordance with the law, these General Terms and Conditions, and its legitimate interest;
5. any other rights and remedies provided for in these General Terms and Conditions, in the agreement with the Service Provider, or under applicable law.
(5) The Company shall not owe compensation for damages, loss of profit, or other adverse consequences arising from lawful, good-faith, and proportionate restriction, suspension, blocking, or termination of access under this Section.
Communication and Notices
Art. 49. (1) The Company, the Service Provider, and the User may exchange messages in connection with the services by email, telephone call, short text message, app notification, message in the account, as well as through mobile messaging applications such as Viber, WhatsApp, Telegram, Signal, or another electronic means expressly indicated by the Company on the Platform or in correspondence with the User. Notices sent through a messaging channel expressly indicated by the Company shall take effect from the moment of their receipt through the respective channel, unless otherwise provided in these General Terms and Conditions or in special terms and conditions.
(2) The User agrees that messages relating to an Order Request, payment, modification, cancellation, rescheduling, address issue, security, documents, service status, and other material elements of the legal relationship shall not constitute advertising messages, but messages relating to the performance of a contract, a statutory obligation, or a legitimate operational necessity.
Art. 50. (1) For all matters related to the use of the Platform, the User may contact the Company by email at: [email protected].
(2) The same address shall also be used for notices, requests, reports, complaints, and other communications, unless the Company indicates another address on the Platform.
Intellectual Property
Art. 51. (1) All rights in and to the Platform, including its name, internet address, software, source code, structure, architecture, database, organisation, layout, design, graphic elements, images, texts, signs, distinctive designations, content, functionalities, interfaces, and all other components thereof, shall belong to the Company and/or to the respective right holders who have granted a right of use.
(2) The Platform is made available for use as a single intellectual property object, and nothing in these General Terms and Conditions shall be interpreted as a transfer, assignment, licensing beyond what is expressly provided for, or establishment of any intellectual property rights in favour of the User or the Service Provider.
(3) The rights under paragraph 1 shall also include the rights in computer programs, databases, the selection, arrangement, structure, and organisation of the content on the Platform, insofar as these are subject to protection under applicable law.
Art. 52. (1) The Company grants the User and the Service Provider a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Platform solely for its ordinary functions and in accordance with these General Terms and Conditions, the applicable special terms and conditions, and the legislation in force.
(2) Except as expressly permitted under paragraph 1, the User and the Service Provider shall not, without the Company’s prior written consent, be entitled to:
1. reproduce, copy, distribute, publish, provide, transfer, sell, lease, license, or otherwise use parts of the Platform;
2. modify, process, adapt, translate, create derivative works, or extract independently usable parts of the Platform;
3. perform reverse engineering, decompilation, decoding, source code analysis, or other similar actions, except in the cases expressly permitted by law;
4. extract, reuse, systematise, collect, or use, by automated or other means, content, data, or elements from the Platform’s database outside its normal intended purpose;
5. use the name OneCare, signs, logos, domains, or other distinctive designations of the Company without prior written consent;
6. remove, delete, conceal, or modify notices of authorship, trademark, origin, rights, or other intellectual property notices;
7. use the Platform or parts thereof for the development, offering, or support of a competing product or service.
(3) The permitted use of the Platform shall not include the acquisition of any right in its content, software, database, trade dress, operating logic, or other elements, except insofar as this is strictly necessary for ordinary access and intended use.
Art. 53. (1) The documents, data, content, and other materials that the User or the Service Provider uploads, sends, enters, shares, or otherwise provides through the Platform shall remain under the responsibility of the person providing them.
(2) By providing content through the Platform, the relevant person grants the Company a non-exclusive, royalty-free right, non-transferable except in cases of legal succession and limited to what is necessary, to reproduce, store, process, arrange, technically transform, transmit, display, and make available such content solely insofar as necessary for the functioning of the Platform, for the performance of the ordered service, for documenting the relevant actions, for protecting the legitimate interests of the Company, and for complying with statutory obligations.
(3) The right under paragraph 2 shall not entitle the Company to use the content in breach of applicable law.
(4) If a User or Service Provider provides the Company with suggestions, ideas, recommendations, comments, or other feedback regarding the Platform, the Company shall have the right to use them without limitation, without any obligation to pay remuneration, and without owing attribution of authorship.
Art. 54. (1) Any use of the Platform or elements thereof in breach of this Section shall be deemed an infringement of the intellectual property rights of the Company and/or of the relevant right holder.
(2) In the event of a breach under paragraph 1, the Company shall have the right immediately to apply the measures provided for in these General Terms and Conditions, including, without limitation, restriction, suspension, blocking, or termination of access, as well as to seek protection through judicial or out-of-court means in accordance with applicable law.
(3) This Section shall not affect any rights in content, materials, trademarks, designations, or other intellectual property objects belonging to third parties, who shall retain their rights in accordance with applicable law.
Liability
Art. 55. (1) The Company shall not be liable for any damages, costs, losses, or other adverse consequences arising from:
1. acts, omissions, professional assessments, instructions, decisions, refusals, delays, non-performance, inaccurate performance, or defective performance by the Service Provider;
2. acts, omissions, false, incomplete, inaccurate, or misleading data, documents, statements, or content provided by a User, Service Recipient, Service Provider, or third party;
3. impossibility of performance, delay, interruption, limited functionality, or any other difficulty caused by circumstances beyond the Company’s control, including force majeure, fortuitous events, acts of competent authorities, power outages, failures in electronic communications networks, lack of internet connectivity, technical failures, cyberattacks, malicious acts of third parties, acts or omissions of hosting providers, cloud service providers, payment service providers, or external software or hardware providers;
4. incompatibility of the Platform with a specific device, software, browser, operating system, or other technical environment of the User or the Service Provider;
5. unauthorised access, loss of data, modification of data, blocking of access, or any other security breach, where this is due to circumstances beyond the reasonable control of the Company or to a failure by the User or the Service Provider to comply with security obligations;
6. content, documents, files, images, instructions, results, opinions, prescriptions, or other information uploaded, sent, stored, or provided through the Platform by persons other than the Company;
7. objective impossibility to perform a specific service, lack of an available Service Provider, lack of confirmation, or lack of availability for a specific address, place, day, or time slot.
(2) The Company does not guarantee that the Platform will be continuously available, without interruptions, without delays, without technical errors, without incompatibilities, or without the need for preventive maintenance, servicing, updates, restriction, or temporary suspension.
(3) Temporary unavailability, restriction of functionalities, performance of preventive maintenance, updates, technical changes, security checks, or other necessary maintenance activities shall not in themselves give rise to liability of the Company.
(4) The Company and the Service Provider shall not be jointly and severally liable for obligations arising from or in connection with a specific service ordered through the Platform.
Art. 56. (1) Insofar as information, documents, or other content provided by a User, Service Provider, or third party are transmitted, stored, processed, displayed, or made accessible through the Platform, the Company acts as an intermediary and provider of an information society service and shall not be liable for the content, truthfulness, completeness, lawfulness, currency, or suitability of such information, except in the cases expressly provided for in applicable law.
(2) The Company shall have no general obligation to carry out prior control, continuous monitoring, or legal and factual verification of all content, documents, data, and actions performed through the Platform.
(3) Upon becoming aware of likely unlawful content, action, or circumstance, or upon receipt of an act, instruction, or order from a competent authority, the Company shall have the right immediately to restrict, block, remove, render inaccessible the relevant content, suspend access to the relevant functionality, or apply another measure which it considers necessary and lawful.
(4) The fact that the Company performs technical administration, exchange of messages, acceptance or forwarding of payments, issuance of payment or accounting documents on behalf and for the account of the Service Provider, uploading, storage, or transmission of documents shall not in itself give rise to liability of the Company for the service itself, for the professional acts of the Service Provider, or for the content of information provided by other persons.
(5) The Service Provider undertakes to indemnify and hold harmless the Company against all actions, claims, damages, losses, costs, including, without limitation, reasonable legal costs, fines, and sanctions brought by or imposed by Users, Service Recipients, public authorities, or third parties and arising from or related to acts, omissions, non-performance, or breaches by the Service Provider, the provision of false, incomplete, or misleading data, or a breach of applicable law, professional rules, or these General Terms and Conditions.
Ranking of Results
Art. 57. (1) When the User orders a service through the Platform, the User selects a service category, a specific service, a date, a time or time slot, and an address for performance. The specific Service Provider with whom the contract for the relevant service will be concluded shall be determined by the Platform and displayed to the User at the final step before the final confirmation of the Order Request.
(2) The User shall not directly choose between individual Service Providers. The determination of the specific Service Provider for each Order Request shall be carried out automatically by the Platform on the basis of parameters determined by the Company.
(3) The main parameters on the basis of which the Platform determines which Service Provider is to be assigned to a specific Order Request are:
1. Availability — with the highest priority. The Platform assigns a Service Provider who has entered in their account an available schedule for the date and time slot selected by the User and who offers the requested category of service.
2. Geographical proximity — where this functionality is available on the Platform, in the event that more than one Service Provider is available, priority shall be given to the Service Provider operating closer to the address for performance indicated by the User.
3. Feedback and rating — where this functionality is available on the Platform, Service Providers with a higher average rating from Users may be assigned with priority.
4. Other factors, including, without limitation, the professional specialisation of the Service Provider according to the nature of the ordered service, technical and organisational criteria, as well as other parameters determined by the Company with a view to ensuring quality, efficiency, and lawfulness in the provision of the services.
(4) No Service Provider shall pay the Company for higher prioritisation in being determined for specific Order Requests, unless it is expressly and clearly indicated on the Platform that a particular offer, service, or Service Provider is “sponsored”, “promotional”, or otherwise distinguished on the basis of commercial terms.
(5) The Company shall have the right at any time to amend, supplement, or delete the parameters under paragraph 3.
(6) The display of a specific Service Provider at the final step before final confirmation shall not constitute a recommendation, approval, guarantee, or assumption of responsibility by the Company for the quality, professional justification, or result of the services of that Service Provider.
Personal Data
Art. 58. (1) The processing of personal data in connection with the Platform shall be governed by a separate Privacy Policy.
(2) The Company collects, processes, and stores personal data of Users, Service Recipients, and Service Providers insofar as this is necessary for the provision of the Platform, for the ordering, arranging, performance, documentation, payment, and reporting of the services, for compliance with statutory obligations, and for the protection of the legitimate interests of the Company, in compliance with Regulation (EU) 2016/679 (General Data Protection Regulation), the Personal Data Protection Act, and applicable law. The categories of data, legal bases, purposes and retention periods for processing, as well as the rights of data subjects, are described in detail in the Privacy Policy.
Amendment of the General Terms and Conditions
Art. 59. (1) The Company shall have the right, at its discretion and at any time, to amend, supplement, replace, or repeal, in whole or in part, these General Terms and Conditions, as well as to adopt, amend, or repeal appendices, policies, special terms and conditions, rules, statements, and other acts related to access to the Platform, its use, individual functionalities thereof, categories of services, or the manner in which they are provided.
(2) The current version of the General Terms and Conditions shall be published on the Platform and shall enter into force as from the moment of its publication, unless another effective date is expressly specified in that version.
(3) In relation to persons who access, use, or continue to use the Platform after the entry into force of the relevant amendment, the version of the General Terms and Conditions current at the relevant time shall apply, insofar as this is permitted by applicable law.
(4) Where a User or Service Provider does not agree with an amendment made, they should immediately cease using the Platform. Continued use of the Platform after the entry into force of the amendment shall be deemed acceptance of the new version, insofar as this is permitted by applicable law.
(5) Where a new, separate additional category of services, functionality, section, module, payment mechanism, or other element of the Platform is introduced, the Company shall have the right to provide special terms and conditions, additional rules, policies, statements, or other requirements for it, acceptance of which may be required upon the first access, use, ordering, activation, or payment for the relevant service or functionality.
(6) In the event of a material amendment to these General Terms and Conditions, the Company shall notify the Users and Service Providers by appropriate electronic means, including by email, message in the account, notice on the Platform, or another electronic means customary for the Platform, before or at the time of entry into force of the amendment, unless applicable law requires another procedure or time limit.
(7) With respect to consumers within the meaning of the CPA under already concluded contracts, the Company shall notify the consumer of any amendment to the General Terms and Conditions within 7 days of its occurrence, using the telephone number, email address, or correspondence address provided by the consumer. Where the consumer does not agree with the amendment, they shall have the right, within one month of receipt of the notice, to send the Company a written notice stating that they terminate the contract without owing compensation or penalty, or that they wish to continue its performance under the General Terms and Conditions in force prior to the amendment. The amendment shall bind the consumer if the consumer has been duly notified and has not exercised their rights within the specified period. The preceding sentence shall not apply where the amendment results from an order or instruction of a competent authority.
(8) The Company shall have the right at any time to change the content, scope, structure, design, functionalities, technical requirements, access conditions, and manner of operation of the Platform.
Complaints and Disputes
Art. 60. (1) The User may submit complaints, reports, objections, requests, and other communications related to the use of the Platform or to a service ordered through it to the Company’s email address or to the Company’s registered seat and address of management indicated above, or through another communication channel expressly indicated on the Platform.
(2) The complaint shall contain at least details of the sender, contact details, a description of the complaint, the date, and, where possible, data enabling identification of the relevant service Order Request.
(3) Where the submitted complaint is incomplete, unclear, or does not allow identification of the relevant Order Request, the Company shall have the right to request additional information, documents, or clarifications. Until such information is received, consideration of the complaint may be deferred.
(4) Where the complaint concerns the technical functioning of the Platform or another circumstance falling within the Company’s sphere, it shall be reviewed by the Company within a reasonable period, taking into account the nature and complexity of the case.
(5) Where the complaint concerns the performance of the service itself, including its quality, content, professional justification, lawfulness, timeframe, refusal of performance, conduct of the Service Provider, consequences of performance, or the need to refund an amount for a reason for which the Service Provider may be responsible, the Company shall have the right to:
1. forward the complaint to the relevant Service Provider; and/or
2. require the User to address the complaint directly to the Service Provider as well.
(6) The Company shall have the right to store, process, and use submitted complaints, the documents accompanying them, and the related correspondence for the purposes of review, protection of its rights and legitimate interests, improvement of the Platform, prevention of misuse, and compliance with statutory obligations, in accordance with applicable law.
(7) The fact that the Company has reviewed a complaint, requested information, forwarded a communication, collected opinions, or assisted with communication between the parties shall not be interpreted as an admission of liability, acceptance of facts, approval of the claim, or assumption of an obligation to satisfy it.
Art. 61. (1) Where the User qualifies as a consumer within the meaning of the CPA, a dispute between the User and the Company may be referred for out-of-court resolution in accordance with applicable law before the relevant commission under the Commission for Consumer Protection.
(2) Where the dispute is between a consumer and a Service Provider in connection with the service itself, the parties may use the applicable means for out-of-court resolution of consumer disputes, including through the relevant commission under the Commission for Consumer Protection, insofar as the statutory prerequisites for this are met.
(3) Alternative resolution of consumer disputes is an out-of-court conciliation procedure based on voluntary participation.
(4) Information on the competent bodies for alternative resolution of consumer disputes may be obtained from the Commission for Consumer Protection.
(5) To the extent applicable, nothing in this Section shall limit the consumer’s right to submit a complaint, report, or request to the Commission for Consumer Protection or to another competent administrative authority.
Art. 62. (1) All matters relating to these General Terms and Conditions, the use of the Platform, and the relationship between the Company and the User shall be governed by the law of the Republic of Bulgaria.
(2) Disputes between the Company and the User shall first be resolved through negotiations and good-faith efforts to reach an amicable settlement. If no agreement is reached, the dispute shall be referred for resolution to the competent court or authority in accordance with applicable law.
(3) With respect to consumers, all mandatory rules concerning international jurisdiction, local jurisdiction, and consumer protection shall apply, and nothing in these General Terms and Conditions shall be interpreted as depriving the consumer of, or limiting, any rights granted to them by law.
(4) Where the dispute relates to the service itself and the Company is not a party to the contract for that service, the fact that the complaint, ordering, payment, communication, or documentation was carried out through the Platform shall not in itself make the Company a party to the dispute concerning performance of the service.
Compliance with the Digital Services Act (DSA)
Art. 63. (1) For the purposes of Regulation (EU) 2022/2065 on a Single Market for Digital Services (the “Digital Services Act” or “DSA”), the restrictions imposed by the Company with regard to the use of the Platform in connection with information, documents, data, and other content provided by a User, Service Provider, or another person are governed in particular by Articles 40, 43, 46, 47, 48, and 56 of these General Terms and Conditions, as well as by all other applicable provisions of these General Terms and Conditions and of the special terms and conditions, where any.
(2) In applying and enforcing the restrictions under paragraph 1, the Company shall act in good faith, diligently, objectively, and proportionately, taking into account the rights and legitimate interests of all affected persons.
(3) For the purposes of identifying, assessing, and processing content, data, documents, or other content provided through the Platform which may be illegal or incompatible with these General Terms and Conditions, the Company may use reports, complaints, notices from competent authorities, voluntary own-initiative checks, technical means for detecting and flagging risky content, as well as review by authorised employees or persons acting on behalf or for the account of the Company.
(4) Where the relevant technical capability is available, the Company may use automated means for detecting, flagging, prioritising, temporarily restricting, or otherwise initially processing content, data, documents, or conduct which may be illegal or incompatible with these General Terms and Conditions. Where the nature of the case so requires, the final assessment shall be carried out following human review.
Art. 64. (1) For the purposes of the DSA, the Company designates the following single electronic point of contact for the competent authorities of the Member States, the European Commission, the European Board for Digital Services, and the recipients of the service.
(2) The single electronic point of contact under paragraph 1 shall be available at the following email address: [email protected]. Where the Company creates a dedicated page or a separate email address intended solely for the purposes of the DSA, the current information regarding them shall be published on the page referred to in paragraph 4.
(3) Communication under paragraph 1 may be carried out in Bulgarian and English.
(4) The current information regarding the point of contact under paragraph 1, as well as regarding the mechanism for submitting notices of illegal content, shall be published on a separate page of the Platform entitled “Regulatory Information”.
Art. 65. (1) Any person or organisation may submit a notice concerning specific content located on the Platform which they consider to be illegal, through the electronic form available on the page referred to in Article 64, paragraph 3, or through another electronic channel expressly indicated there.
(2) The notice shall contain at least:
1. an explanation of why you consider the content to be illegal;
2. the exact electronic location of the content, such as a link, URL, account identifier, publication, listing, or another sufficiently identifying designation;
3. your name and email address for contact, unless applicable law provides otherwise;
4. a statement that you believe in good faith that the information provided in the notice is accurate and complete.
(3) Where the notice contains electronic contact details of the sender, the Company shall send confirmation of receipt without undue delay.
(4) The Company shall review notices under this Article in a timely, diligent, objective, and non-arbitrary manner and shall notify the sender of the decision taken, as well as of the available means of redress.
(5) Where automated means are used for processing the notice or for taking a decision, this information shall be indicated in the notification under paragraph 4.
Art. 66. (1) Where the Company imposes a restriction in respect of specific information, content, document, payment, service, or account on the ground that it is illegal or incompatible with these General Terms and Conditions, and where the Company has electronic contact details of the affected person, the Company shall provide that person with a clear and specific statement of reasons no later than at the time the measure is imposed.
(2) The statement of reasons under paragraph 1 shall contain at least:
1. the nature of the measure applied, its scope, and, where applicable, its territorial scope and duration;
2. the facts and circumstances on which the measure is based, including whether it was imposed on the basis of a notice or on the Company’s own initiative;
3. information as to whether automated means were used in taking the decision;
4. where the measure is due to alleged illegality — the legal ground and a brief explanation of why the relevant content, information, or conduct is considered illegal;
5. where the measure is due to incompatibility with these General Terms and Conditions — the relevant contractual ground and a brief explanation of the incompatibility;
6. information on the available means of redress, including submission of a complaint in accordance with Section XXII, referral to a competent authority, or judicial redress, where applicable.
(3) This Article shall not limit the Company’s right to take immediate measures where this is necessary by law, for the protection of the Platform, third parties, or for the prevention of an imminent risk.
Product Safety
Art. 67. (1) This Section shall apply where products within the meaning of Regulation (EU) 2023/988 on general product safety (the “GPSR”) are offered, sold, delivered, or otherwise made available to consumers through the Platform, including where such products accompany or are related to a service ordered through the Platform, provided that the consumer acquires factual control over the product for their own use.
(2) Where the Platform acts as an online marketplace within the meaning of the GPSR, the Company shall comply with the applicable obligations under Article 22 of the GPSR. The Company is not the manufacturer, importer, or distributor of the products and shall not be liable for their safety or conformity, unless expressly provided otherwise by applicable law. Information on the single points of contact for market surveillance authorities and for consumers in relation to product safety matters shall be published on the page referred to in Article 64, paragraph 3 or elsewhere on the Platform.
(3) This Section shall not apply where products are used, applied, or consumed by the Service Provider in the course of providing the service without being made available to the consumer as a standalone product for the consumer’s use, nor shall it apply to medicinal products and/or medical devices falling within the scope of special legislation governing their safety.
Art. 68. (1) The Service Provider offering products through the Platform shall bear full responsibility for the safety and conformity of the products with the applicable requirements under the GPSR.
(2) When offering a product, the Service Provider shall provide and keep up to date the information under Article 22(9) of the GPSR, which shall be displayed or easily accessible to consumers, including details of the manufacturer, identification of the product with an image, and all safety warnings in Bulgarian.
(3) By offering a product through the Platform, the Service Provider declares that they offer only products compliant with the GPSR. Where a Service Provider systematically offers non-compliant products, the Company shall suspend the provision of its services to that Service Provider for a reasonable period after prior warning.
Art. 69. (1) In the event of a recall or safety warning, the Service Provider shall immediately and no later than 24 hours after becoming aware thereof notify the Company, providing all information necessary for notifying consumers and preparing a recall notice in accordance with Articles 35 and 36 of the GPSR, and shall provide full cooperation in identifying the affected consumers.
(2) The Company shall, without undue delay, directly notify all affected consumers who can be identified; where direct contact is impossible, it shall disseminate the information prominently on the Platform and through other channels with the broadest possible reach; remove or render inaccessible the affected product; inform the relevant economic operator; and notify the competent authorities through the Safety Business Gateway.
(3) Where recall information is provided in writing, it shall be in the form of a recall notice in Bulgarian, containing at least the heading “Product Safety Recall”, a description of the product with an image and identifying details, a description of the hazard without elements reducing the perception of risk, the actions to be taken by consumers, the available remedies, and a free telephone number or online service for information. Where a template has been established by the Commission pursuant to Article 36(3) of the GPSR, the notice shall follow that template. The Company may prepare the notice on the basis of information provided by the Service Provider, who shall be responsible for its truthfulness and completeness.
Art. 70. (1) The Company may at any time request from the Service Provider information, documents, and declarations of conformity necessary to establish the product’s conformity with safety requirements and, in the event of failure to provide them, may apply the measures under Section XV.
(2) The Company shall cooperate with the competent market surveillance authorities, including by providing information, identifying the supply chain, and ensuring access to interfaces and data upon a reasoned request.
(3) The Service Provider shall indemnify and hold harmless the Company against all claims, damages, costs, fines, and sanctions arising from an unsafe product, a breach of the Service Provider’s obligations under the GPSR, or a breach of this Section.
Final Provisions
Art. 71. (1) The invalidity of any individual clause shall not result in the invalidity of the remaining clauses of these General Terms and Conditions, unless otherwise follows from the nature of the contract.
(2) The invalid clause shall be replaced by operation of law by the mandatory provisions of the law or, where permissible, by the lawful provision closest in meaning.
Art. 72. These General Terms and Conditions have been adopted by the manager of the Company and shall enter into force as from 4 May 2026.
Appendix No. 1 to the General Terms and Conditions for Use of the OneCare Platform
WITHDRAWAL FORM AND INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
Appendix No. 6 to Article 47, paragraph 1, item 8 and Article 52, paragraphs 2 and 4 of the CPA
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
Please complete and send this form only if you wish to withdraw from the contract.
To: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
UIC: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I/We* hereby notify you that I/we* withdraw from the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*:
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Ordered on*/received on*: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Name of consumer(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address of consumer(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
*Delete as appropriate.
Signature of consumer(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Appendix No. 7 to Article 47, paragraph 4 of the Consumer Protection Act
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
Standard withdrawal instructions:
I. Right of withdrawal from a distance contract or an off-premises contract.
II. You have the right to withdraw from this contract, without giving any reason, within 14 days.
III. The withdrawal period shall be 14 days from the date on which the contract between you and the relevant Service Provider was concluded. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement, for example by a letter sent by post or by email. You may use the attached standard withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
IV. Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs, except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us, without undue delay and in any event no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.