General Provisions
Art. 1. (1) These General Terms and Conditions govern the conditions and procedure for access, registration, use and termination of use of the OneCare internet platform, owned by DocNow Medical Services EOOD, UIC 208622091, VAT identification number: BG208622091, with registered office and management address: Sofia 1404, Triaditsa district, 109 Bulgaria Blvd., floor 2, office 2.5, email: [email protected], tel.: +359 889 999 955, hereinafter 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) A separate contract is concluded for each ordered service between the User and the Service Provider identified in the last step before final confirmation of the Order Request. Each contract is independent of the others, and circumstances affecting one do not affect the others. The Company is not a party to the contract for the relevant service. At the same time, a separate contract for consideration arises between the User and the Company for the Company's service of providing and maintaining the Platform for the purposes of that Order Request, for which the Administrative Fee is payable. Where, exceptionally, the Company is a party to the contract for a particular service, this is expressly and clearly stated in the Platform in the last step before final confirmation.
(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.
(8) The Platform is accessible through both the website and the OneCare mobile application, and these General Terms and Conditions apply equally regardless of the channel through which access, registration, ordering, Confirmation, payment or communication takes place. The mobile application is provided free of charge as part of the Platform and is downloaded and installed through the relevant application store; relationships between the User or Service Provider and the application store and operating system providers are governed by those persons' terms, for which the Company is not responsible. Use of the mobile application requires a compatible device, internet connectivity and a supported application and operating system version; the Company may discontinue support for older versions. Where a functionality requires device permission, including for notifications or access to location, camera, microphone, files or calendar, it is used only after the relevant permission is granted through the operating system. The person concerned may withdraw permission at any time through device settings, in which case the functionality may cease to work or work only to a limited extent. Where payment is made through an application store's payment mechanism, Article 18 applies accordingly. Availability of the mobile application in an application store does not extend the territorial scope under Article 3, paragraph 3 and Article 38, paragraph 3. These General Terms and Conditions are concluded solely between the person concerned and the Company, and not with the application store or operating system provider; the Company, rather than those providers, is solely responsible for the mobile application and its content. The person concerned must also comply with third-party terms applicable to use of the mobile application, including those of their electronic communications service provider. Apple Inc. and its subsidiaries are third-party beneficiaries of these General Terms and Conditions in relation to use of the mobile application for iOS and, upon acceptance, acquire the right to enforce them against the person concerned in that capacity.
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 bind every User and every Service Provider from the moment of their express acceptance through an active action in the Platform.
(2) An active action within the meaning of paragraph 1 is ticking the designated consent box in the Platform, which is not preselected. The box contains a statement that the person accepts these General Terms and Conditions.
(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.
(5) Acceptance under paragraph 1 constitutes an electronic statement within the meaning of the Electronic Document and Electronic Trust Services Act. The Company records and retains the time of acceptance and the IP address from which it was made. The accepted version of the General Terms and Conditions is supplied to the person concerned on a durable medium.
(6) The Company, User and Service Provider agree that electronic statements made through the Platform, including ticking a consent box and clicking a button, constitute an electronic signature within the meaning of Article 13, paragraph 1 of the Electronic Document and Electronic Trust Services Act, and that this signature has legal effect equivalent to a handwritten signature in their mutual relationships, including between the User and the Service Provider.
(7) These General Terms and Conditions, the Privacy Policy and other applicable policies and statements are freely and permanently accessible in every channel under Article 2, paragraph 8, both before and after registration, without account login or ordering a service, in a form allowing storage and reproduction.
Definitions
Art. 5. For the purposes of these General Terms and Conditions:
1. “Subscription” means a service or set of services ordered through the Platform for a specified period and with a specified number or frequency of performances, under which the contract between the User and Service Provider has continuing or periodic effect.
2. “Administrative Fee” means a fee payable by the User to the Company for each Order Request made through the Platform, representing remuneration for the Company's intermediation on that Order Request: connecting the User with a Service Provider, organising, administering and tracking performance of the ordered service in the real world, and processing the Order Request and its payment. The Administrative Fee is not payable for access to the Platform, its download, installation or use, or for digital content or functionality; access to the Platform and mobile application is free of charge.
3. “Voucher” means an electronic or physical document with a unique code entitling its holder to receive the service specified in it or exchange it for another service subject to Article 17. A Voucher is not a means of payment. A Voucher is paid where issued against payment and free where supplied by the Company without consideration.
4. “Additional Service” means a service the User orders in addition to an already selected or ordered service, through the Platform when ordering the main service or subsequently, or on site under Section VIII while the Service Provider or a person through whom it supplies services is at the place of performance. An Additional Service may also be a service offered independently through the Platform, in which case it qualifies as an Additional Service only insofar as ordered under the preceding sentence.
5. “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.
6. “Company” means DocNow Medical Services EOOD, as specified in Article 1, paragraph 1.
7. “Order Request” means an electronic statement made by the User through the Platform ordering one or more services under specific parameters. A separate contract for each ordered service arises between the User and the relevant Service Provider upon Confirmation of the Order Request under Article 16, including where several services in one Order Request are provided by the same Service Provider. A Subscription is one contract for the entire period.
8. “CPA” (ЗЗП) means the Bulgarian Consumer Protection Act (promulgated in State Gazette No. 99 of 9 December 2005).
9. “Service Provider” means any third party offering and/or supplying services through the Platform in the course of its commercial or professional activity and qualifying as a trader within the meaning of § 13, item 2 of the supplementary provisions of the CPA, including a commercial company, sole trader, medical establishment, person practising a liberal profession or craft, or any other person legally entitled to provide the relevant service.
10. “Final Price” means the total amount payable by the User for a particular Order Request, including the Price of every ordered service, the Administrative Fee and all other expressly stated amounts due. The Final Price includes value added tax where payable and all other taxes and fees payable by the User.
11. “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.
12. “Online Consultation” means a service provided remotely by the Service Provider through a real-time audio or audiovisual connection during a booked time slot, solely between the Service Provider or the person through whom it supplies the service and one User or one Service Recipient. An Online Consultation may concern a medical, veterinary medical, psychological, educational, technical, household or other service for which applicable legislation permits remote provision. A response to an enquiry outside real time, a service supplied simultaneously to more than one person, and the provision of recordings, courses or other previously created content are not Online Consultations.
13. “Platform” means the OneCare platform accessible at www.onecare.bg and/or through the OneCare mobile application, regardless of its version and the device operating system, including all its sections, pages, subpages, interfaces, subdomains, mobile and internet functionalities, administrative environments, electronic forms, related software solutions, connections with external providers, server and support environments, and any future modification, upgrade, extension or derivative functionality.
14. “User” means any natural person with legal capacity who uses the Platform in their own name, and any legal entity where the Platform provides that option. A User also includes a person ordering a service for a Service Recipient in the cases under Article 9.
15. “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.
16. “Confirmation” means an electronic statement by the Company certifying that the Order Request has been accepted, that the contract for the particular service has arisen between the User and the identified Service Provider, and that the contract between the User and the Company under Article 2, paragraph 4 has arisen. Confirmation is normally sent to the User's specified email address and may also be provided through the Platform, via the website or mobile application. The Company records the time and content of Confirmation and data on its sending or display; this record has evidential force between the parties until proven otherwise.
17. “Consumer” means a User who is a natural person acting outside their commercial or professional activity.
18. “Promotion” means a temporary reduction of the Final Price or an individual component, provided by and at the expense of the Company, including, but not limited to, an announced price reduction, promotional code, free voucher or another commercial mechanism.
19. “Promotional Code” means an alphanumeric combination whose entry in the Platform applies an announced discount. A Promotional Code is public where its conditions of use are publicly announced and it is available to any User meeting those conditions, and individual where supplied to a particular User.
20. “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.
21. “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.
22. “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.
23. “Final Confirmation” means the User's action in the last ordering step that submits the Order Request through the button under Article 14, paragraph 4. Final Confirmation is not Confirmation and does not itself create a contract.
24. “Price” means the remuneration due for the particular service as displayed in the Platform at the time of ordering, including value added tax where payable. The Price is payable to the Service Provider and forms part of the Final Price.
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 may add, modify, temporarily suspend, restrict or remove individual service categories, functionalities, sections and features of the Platform without owing compensation or penalties. Where the change constitutes an amendment to these General Terms and Conditions, Article 59 applies. Where the change restricts or suspends the offering of individual services by a particular Service Provider, Section XV applies.
(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.
(5) The Company does not offer through the Platform ancillary goods and services to Service Providers' services within the meaning of Article 6 of Regulation (EU) 2019/1150 and does not permit third parties to offer them. A Service Provider may offer ancillary services only as Additional Services included in its service catalogue and ordered under these General Terms and Conditions. The Company's own service of providing and maintaining the Platform, for which the Administrative Fee is payable, is not an ancillary good or service within the meaning of the preceding sentences.
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 is complete after the email address is confirmed through the electronic link sent for that purpose and all other applicable requirements provided in/through the Platform are met. Where the Platform offers registration and login through a third-party identification service, including an operating system or application store provider, separate email confirmation is not required if that service has already verified the email address. The Company receives from the identification service provider only the data necessary to create and maintain the account; the relationship between the person concerned and that provider is governed by its terms. Where the identification service provider offers email hiding, communications under Article 49 are sent to the forwarding address it supplies and are deemed duly received.
(7) The Company may refuse to complete registration, require additional identity confirmation or restrict access to the account subject to these General Terms and Conditions.
Art. 8. (1) The Platform is intended for legally capable natural persons.
(2) Persons under 18 may not create a user account or 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.
(4) By ticking the box under Article 4, paragraph 2 and with each subsequent use of the Platform, the User declares that they are at least 18. The declaration is an electronic statement and is recorded and retained under Article 4, paragraph 5. This paragraph also applies to a natural person creating or managing a Service Provider Account.
(5) The Company is not obliged to verify the circumstances declared under paragraph 4 and does not require additional personal data to establish age. Where there is reasonable doubt, the Company may require confirmation of identity and age under Article 7, paragraph 7 and restrict or suspend access to the account pending clarification.
(6) Where an account is found to have been created or used by a person under 18 or lacking legal capacity, the Company terminates the account. The person making a false declaration under paragraph 4 is liable for resulting damage, costs and sanctions suffered by the Company and Service Provider.
(7) The restriction under paragraph 2 does not affect the User's right to order services for a Service Recipient, including a child, subject to Article 9.
(8) By ticking the box under Article 4, paragraph 2 and with each subsequent use of the mobile application, the person concerned declares that they are not located in a country subject to a United States government embargo or designated by it as supporting terrorism, and are not included in a United States government list of prohibited or restricted persons. This declaration is made solely for the purposes of the relevant application store's rules.
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 they are a child's parent, guardian or custodian and order 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 are entitled to supply the Service Recipient's data and doing so does not infringe third-party rights;
2. they have supplied the Service Recipient with the Privacy Policy or informed them where to access it, unless the Service Recipient is a child over whom the User exercises parental rights, guardianship or custodianship;
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. having grounds to act on behalf of or for the benefit of the Service Recipient and provide their data;
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) In the relationships between the Company, Service Provider and User, the financial burden of any claim, action, complaint, fine or other adverse consequence is borne by the User where it arises from false, incomplete, inaccurate or misleading data they supplied or from failure to fulfil an obligation under this Article.
(6) The User owes the Company and Service Provider compensation for direct damage, including fines, penalties and reasonable legal defence costs paid, where these are a direct and immediate consequence of culpable failure to fulfil an obligation under this Article.
(7) The Company is not obliged to verify in advance the grounds on which the User acts, but may request evidence at any time and refuse, restrict, suspend or terminate the Order Request or account access 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) The User is responsible for actions performed through their account unless they result from unauthorised access for which the User is not responsible.
(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 at any time request deletion of their account through the designated Platform functionality available on both the website and mobile application, without reinstalling the application, or by requesting it from the Company at the email address under Article 1, paragraph 1. The Company also maintains a publicly accessible website page through which deletion of the account and related data may be requested without registration, account login or installation of the mobile application. The page address is published in the Platform and supplied to the relevant application store.
(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) Upon account deletion, the Company erases or anonymises data for which the processing basis has ceased, including profile and marketing data, retaining only data subject to a legal retention obligation or necessary to establish, exercise or defend legal claims under Article 17, paragraph 3, points (b) and (e) of Regulation (EU) 2016/679. Retained data are subject to restricted processing within the meaning of Article 18 of Regulation (EU) 2016/679 and used solely for the purposes for which they are retained.
(6) Retention under paragraph 5 specifically includes tax and accounting documents for the periods under the Accountancy Act, the Tax and Social Security Procedure Code (ДОПК) and the Value Added Tax Act (ЗДДС); data on acceptance of these General Terms and Conditions, the Order Request and the concluded contract until the applicable limitation periods under the Obligations and Contracts Act (ЗЗД) expire; data on Service Providers as traders for the period under Article 30, paragraph 5 of Regulation (EU) 2022/2065; and other data subject to statutory retention obligations.
(7) After all applicable periods under paragraphs 5 and 6 expire, retained data are erased or anonymised.
(8) When an account created through a third-party identification service is deleted, the Company also terminates the connection with that provider and revokes the account's issued credentials insofar as the provider offers the technical capability to do so.
(9) 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) To create the account, a message with a link to set a password and initially activate it is sent to the email address specified by the Service Provider. When setting the password, the Service Provider must read and accept these General Terms and Conditions and the Privacy Policy and, where the Platform so provides, other applicable terms, statements or policies. These General Terms and Conditions are readily accessible in the Platform at all stages of the relationship with the Service Provider, including before it arises, and are supplied in a way allowing storage and reproduction.
(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 may modify, expand, restrict, suspend or remove individual features and functionalities of the Service Provider Account. Where the change constitutes an amendment to these General Terms and Conditions, Article 59 applies. Where the change targets a particular Service Provider, Section XV applies.
(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) Every Service Provider whose account is created in the Platform has declared to the Company that it qualifies as a trader within the meaning of § 13, item 2 of the supplementary provisions of the CPA. The declared status is displayed to the User in the last step before final confirmation of the Order Request.
(11) The Company does not apply amendments to these General Terms and Conditions retroactively to Service Providers unless required by law or an act of a competent authority.
(12) Through its account, the Service Provider has access to the following data relating to Order Requests received: selected service, date, time, duration, status and history of the Order Request; identification and contact details of the User and Service Recipient to the extent necessary for performance; address and access details for the place of performance; notes and instructions supplied by the User; payment and payment status data; communications conducted through the Platform; and accounting data on amounts due to it and remuneration withheld.
(13) The Service Provider has no access to data on other Service Providers, aggregated Platform data, data on Users who have not ordered its services, or data whose disclosure would infringe third-party rights or the Company's statutory obligations.
(14) After termination of the contractual relationship, the Service Provider is entitled to receive the data under paragraph 12 in a commonly used machine-readable format within 30 days of a written request to the Company.
(15) Allocation of the parties' roles in personal data processing is governed by the contract between the Company and the Service Provider and its annexes.
(16) After termination of the contractual relationship, the Service Provider has no access to the Platform or its data beyond the right under paragraph 14. The Company retains data under paragraph 12 only to the extent and for the period necessary to fulfil legal obligations, accounting and tax reporting, and establish, exercise or defend legal claims.
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 must keep current, true, accurate, complete and consistent all data relating to its identification, legal status, representation, address, email, telephone number, payment details, schedule, availability and any other information whose display to the User, Service Recipient or Company is required by law, these General Terms and Conditions, applicable special terms or the contract between the Company and Service Provider, including, but not limited to, data necessary for the Company to fulfil its pre-contractual information obligations to Users under Articles 47 and 47а of the CPA.
(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 may temporarily restrict, suspend or block access to the Service Provider Account and request additional confirmation, information or documents where necessary to protect the rights and legitimate interests of the Company, Users, Service Recipients, other Service Providers or third parties. The measure is applied under Section XV.
(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) A service is ordered through the Platform through successive technical steps in its interface, which may include selecting a service category, particular service and Additional Services offered through the Platform for the relevant Service Provider, specifying service parameters, selecting a date and time or time slot, specifying a performance address, supplying necessary data, selecting a payment method, reviewing the Order Request, final confirmation, etc.
(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.
(4) Final Confirmation is given through a button legibly bearing only the words “order with obligation to pay” or other corresponding unambiguous wording indicating that placing an order entails an obligation for the Consumer to pay; such wording may also be “Book and pay”. The main characteristics of the ordered service are displayed immediately beside the button. Final Confirmation does not constitute Confirmation, and the contract arises under Article 16.
(5) The statements under Article 30, paragraph 2 are given through a separate consent box that is not preselected and must be ticked to complete the Order Request where those statements apply.
Art. 15. (1) In the last step before final confirmation of the Order Request, the Platform supplies the User with the information under Articles 47 and 47а of the CPA.
(2) Information about the main parameters used to select the Service Provider for a particular Order Request is available in a separate Platform section under Section XIX.
Art. 16. (1) The contract for the particular service between the User and relevant Service Provider is deemed concluded when the User receives Confirmation, at which time the contract between the User and Company under Article 2, paragraph 4 also arises. Confirmation is deemed received when it reaches the User's specified email address or is displayed through the Platform where supplied that way, regardless of whether the User has actually read it. Where Confirmation is supplied both ways, the earlier event is treated as the time of receipt.
(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 a particular service requires express additional confirmation by the Service Provider due to its nature, Platform settings or applicable special terms, this is stated in the Platform before Final Confirmation. Service Provider confirmation is a condition for issuing Confirmation, and the contract is deemed concluded under paragraph 1. In these cases, the Service Provider confirms or refuses the Order Request within the period announced in the Platform for that service or, if no period is announced, within 24 hours of receipt. Upon refusal or expiry without confirmation, the Order Request terminates, no contract arises and any amount paid, blocked or held, including the Administrative Fee, is refunded in full without undue delay and no later than 14 days, using the same payment method. Where advance payment is required, the amount is blocked or held and captured only after Service Provider confirmation unless the Platform expressly provides otherwise.
(4) Where advance payment is required or selected for the relevant service, making payment is a condition for confirming the Order Request unless the Platform or special terms expressly provide otherwise.
(5) Where payment on site is provided for the service, by cashless payment or cash, the contract arises under paragraph 1 and payment is made in the manner and at the time provided in the Platform and these General Terms and Conditions.
(6) Confirmation under paragraph 1 is sent to the User's specified email address on a durable medium without undue delay and in all cases before performance begins, also serving as confirmation of the concluded contract under Article 49, paragraph 8 of the CPA. The Service Provider instructs the Company to prepare and send confirmation in its name and on its behalf insofar as it concerns the service contract; insofar as it concerns the contract under Article 2, paragraph 4, confirmation is sent in the Company's name.
(7) The contract for a particular service is a one-off contract performed by supplying the ordered service unless the User has ordered a Subscription.
(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.
(13) For a Subscription, the Platform states the period, number and frequency of included performances and the Final Price for the whole period before Final Confirmation. The Subscription ends upon expiry of the period.
(14) A Subscription renews only if the User has expressly consented in advance to renewal terms through a separate Platform consent box that is not preselected. Without such consent, the Subscription does not renew.
Price, Payment, and Payment Documents
Art. 17. (1) The User owes the Final Price announced in the Platform at the time of Final Confirmation of the Order Request.
(2) The Final Price of each Order Request comprises the Price of every ordered service payable to the relevant Service Provider, the Administrative Fee payable to the Company and any other expressly stated amount due. The individual components and Final Price are displayed to the User in the Platform before Final Confirmation of the Order Request.
(3) Where an additional amount is payable due to the nature of the service, performance address, selected additional element or another expressly stated reason, it is specified in the Platform before Final Confirmation of the Order Request.
(4) One Administrative Fee is payable for each Order Request regardless of the number of ordered services or Service Providers. The Administrative Fee is payable to the Company as separate remuneration for its intermediation on that Order Request, is not part of the Price of the Service Provider's service, is not deducted from the amount due to the Service Provider and is independent of the remuneration under paragraph 7. The amount announced in the Platform at the time of Final Confirmation applies to each Order Request.
(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 Service Provider owes the Company the remuneration under paragraph 7 from confirmation of the Order Request unless otherwise agreed between them.
(9) Commission is payable for the connection made through the Platform and does not depend on whether or how the service is subsequently performed, whether a dispute arises between the User and Service Provider, or whether grounds for refunds arise between them, unless the Company and Service Provider expressly agree otherwise.
(10) In the event of an obvious technical error in the announced price that a good-faith User could identify considering the type of service and usual conditions of supply, the Company or Service Provider immediately informs the User of the actual price. The User may confirm the Order Request at the actual price or terminate it, with a full refund of the amount paid. Performance does not begin until the User's statement is received.
(11) Prices on the Platform shall be displayed in euro, unless otherwise provided by applicable law.
(12) The Company may provide Promotions. A Promotion applies to the Final Price or an individual component in the manner announced in the Platform.
(13) A Promotional Code is an alphanumeric designation whose entry in the Platform before Final Confirmation of the Order Request reduces the Price of the services it covers. A Promotional Code does not reduce the Administrative Fee. Covered services, discount amount, validity period and other conditions are announced in the Platform or communicated to the person receiving the code.
(14) A Voucher under this Article is a paid voucher issued against payment that entitles its holder to receive the service specified on it or exchange it for another service subject to paragraph 16. Its value equals the Price of the specified service and the Administrative Fee announced in the Platform on its issue date. A Voucher is not a means of payment, is not used as such and is not exchangeable for its cash value. It may be redeemed only for a service performed in the real world outside the mobile application and does not entitle its holder to digital content, a digital service or digital functionality.
(15) A Voucher is valid for 12 months from its issue date, as indicated on it. It is deemed used when an Order Request made with it within its validity period is confirmed, including where the service performance date falls after that period. A Voucher is used once by entering its code and loses effect after use regardless of who used it.
(16) During the validity period, no additional payment is due when the Voucher is used for its originally specified service, including where the service Price or Administrative Fee has increased. The holder may exchange the specified service for another offered through the Platform by emailing the Company, which confirms the exchange by email. If the replacement service's value is lower than the Voucher value, the difference is not refunded and cannot be used for another service. If it is higher, the holder pays the difference by bank transfer according to the Company's instructions.
(17) A Voucher becomes invalid upon expiry. Order Requests using an expired Voucher are not accepted or performed. Apart from the cases under paragraphs 18 and 19, on expiry the Company owes no refund of the amount paid for the Voucher to either its purchaser or holder; the amount is retained as consideration for issuing and maintaining the Voucher and for the Company's assumption of the risk of changes to the Price and Administrative Fee.
(18) Before expiry and within 10 (ten) days afterwards, the holder may request an extension of 30 (thirty) days against a fee of 20% (twenty percent) of the Voucher's value on its purchase date. An extension is permitted once. The extension period is added to the original expiry date. Paragraph 16 applies accordingly upon extension.
(19) If force majeure prevents use of the service, the holder may request suspension of the validity period by electronic message to the Company. When the force majeure ends, the Voucher is automatically renewed for the time remaining on its validity period as at the date the force majeure arose, without a new Voucher being issued. Repeated suspension on the same grounds is not permitted.
(20) Where an Order Request is made with a Voucher and the Service Recipient fails to appear at the designated date and time, the service is deemed provided and the amount paid for the Voucher is not refunded.
(21) A Voucher may be used personally by its purchaser or given to a third party. The determining factor for ordering and receiving the service is the Voucher's unique, single-use code, not the name written on it. The purchaser and recipient must not disclose the code. The Company is not responsible for use by a person who learns the code unless due to the Company's act or omission, and does not replace a lost or destroyed Voucher.
(22) Where the Voucher purchaser is a Consumer and all CPA rules apply, that person may withdraw from the Voucher purchase contract within 14 days of conclusion without giving a reason, provided the Voucher has not been used to order a service. The right of withdrawal belongs only to that person; a holder other than the purchaser may not seek a cash refund. Refunds follow Articles 54 and 55 of the CPA.
(23) Upon valid withdrawal from a service contract paid with a Voucher, the Voucher is restored to its original state with the validity period remaining at the time of use.
(24) The Company may at its discretion give a particular person a free Voucher for a specific service offered through the Platform, including for advertising, promotional or charitable purposes. The rules on validity, single use, available dates and times, no additional payment, service exchange and suspension for force majeure apply accordingly. As a free Voucher is not acquired against payment, it loses effect on expiry, and its value is not paid out, refunded or exchanged for money. A free Voucher is entirely at the Company's expense and does not reduce the Price owed to the relevant Service Provider.
(25) A Voucher is used by ordering its specified service through the Platform in the usual manner. The service is ordered and performed within the available dates and times announced in the Platform by the relevant Service Providers for that service. The holder may not demand performance at a date or time for which no Service Provider availability is announced. Lack of availability for a particular date or time does not extend validity or create liability for the Company or Service Provider; the holder must order another available date and time within the validity period. If no available date and time for the specified service is announced in the Platform during the final 30 days of validity, validity is automatically extended once by 30 days free of charge.
(26) A Voucher may be used only by entering its code in the Platform before Final Confirmation of the Order Request and cannot be applied on site or to an already confirmed or paid Order Request, regardless of payment method.
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 supplied by a payment service provider under contract with the Company, including where the card is used through an electronic wallet on the device or supplied by the mobile operating system provider (Apple Pay, Google Pay or another wallet supported and specified in the Platform). Electronic wallet payment uses the bank card loaded into the wallet and is processed by the same payment service provider; the wallet provider supplies only technical means for presenting and transmitting payment data and is not a party to the service contract;
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. payment on site in cash in euros where expressly offered in the Platform for the relevant service category and/or Service Provider;
5. payment through the relevant application store's payment mechanism where and insofar as its rules require. Services offered through the Platform are performed in the real world outside the mobile application and are paid through the methods in items 1-4, rather than the application store's payment mechanism. The same applies to an Online Consultation provided in real time solely between the Service Provider and one person, which is not digital content or a digital service. Where the Company offers through the mobile application the option to order a remote service supplied outside real time or simultaneously to more than one person, or paid access to a recording, course or other previously created content, payment for that option through the mobile application uses the relevant application store's payment mechanism insofar as its rules require.
(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 required for the service, successful payment is a condition for issuing Confirmation unless the Platform or other terms provide otherwise.
(5) Where the payment is not successfully completed, the Order Request shall have no effect, unless expressly stated otherwise on the Platform.
(6) Where payment on site by cashless means is provided for the service, the User must pay at the time and in the manner specified in the Platform or recorded in the Order Request.
(7) Apart from the Final Price of the relevant Order Request, using the Platform to browse, order services and communicate about them entails no additional costs for the User. The Company may charge for use of a particular payment method only insofar as permitted by applicable legislation, with the fee displayed before the Order Request is completed.
(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) For online card payment, the User is redirected to a secure payment processing page supporting 3D Secure or another equivalent strong customer authentication mechanism under applicable legislation. Where payment is through the mobile operating system provider's electronic wallet, it is confirmed in the wallet environment on the User's device without redirection or entry of card details, using the device's authentication mechanism. The Company and its payment service providers comply with the security requirements of 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 the Platform offers cash payment for the service, the User pays the Final Price in cash when the Service Provider arrives at the performance address and before performance begins unless another payment time is expressly provided in the Platform or special terms.
(15) On-site payment under paragraphs 6 and 14 is accepted by the person providing the service at the address using the fiscal device and card payment terminal supplied by the Company. Upon handing over the money or successful on-site card payment, the User's obligation to pay the Final Price is fully discharged regardless of subsequent settlement between the Company and Service Provider. The fiscal receipt is supplied to the User at payment or electronically where applicable.
(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 is made in euros and must not exceed the maximum cash payment amount under applicable Bulgarian law, calculated against the full amount due for the Order Request. The Company and Service Provider refuse cash payment above that limit, in foreign currency, where there are justified doubts about banknote authenticity, and in other cases where applicable law requires refusal. When cash is refused on those grounds, the User is given the option to pay the Final Price immediately by bank card using the on-site terminal. Article 24 applies only if the User also fails to pay that way.
Art. 19. (1) The Company issues in its own name a document for the Administrative Fee paid. Payment and accounting documents for the Price of every ordered service are issued in the name and on behalf of the relevant Service Provider, including by the Company where agreed between them.
(2) Documents for the Price of ordered services are deemed issued in the name and on behalf of the relevant Service Provider, not in the Company's name.
(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) An invoice is issued at the User's request: the Company issues the Administrative Fee invoice, while the service Price invoice is issued in the name and on behalf of the relevant Service Provider. The User supplies the necessary details before Final Confirmation of the Order Request or together with their invoice request.
(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.
(6) For on-site payment, the fiscal receipt is issued through the Company's supplied fiscal device and covers the Price of the ordered services and the Administrative Fee. Where the Order Request was paid online, the Administrative Fee is not charged again on site.
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 is not obliged to refund the User from its own funds unless required by law or binding rules of a payment intermediary, bank, electronic money institution or card scheme, or unless it elects to do so. The Company refunds the Administrative Fee where due under these General Terms and Conditions or applicable legislation.
(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. Where the Service Provider or a person through whom it supplies services is at the place of performance of an ordered service, the User may request and the Service Provider may offer an Additional Service from among services offered by that Service Provider under contract with the Company, subject to applicable legislation.
Art. 22. (1) Where the Platform has an Additional Service ordering functionality, an Additional Service is ordered exclusively through it in the following sequence:
1. the Service Provider enters the Additional Service through its Service Provider Account;
2. the Platform displays to the User the Additional Service's main characteristics, the Service Provider who will supply it, the total payable including applicable taxes and fees, the payment method and other information required by applicable legislation;
3. the User confirms the Additional Service through the designated Platform functionality;
4. the User pays the amount due using a method under Article 18 applicable to the Additional Service;
5. the Service Provider begins performance.
(2) The Service Provider may not give the confirmation under paragraph 1, item 3 on the User's behalf, through its own account or the User's device.
(3) By exception to Article 16, paragraph 1, the Additional Service contract arises between the User and relevant Service Provider when the User confirms it under paragraph 1, item 3. The Company is not a party to that contract.
(4) After the Additional Service is confirmed, the Platform sends confirmation on a durable medium to the User's specified email address, containing details of the Additional Service, Service Provider and amounts due, and other documents and information required by law.
(5) A breach of this Section constitutes a material breach of these General Terms and Conditions, applicable special terms and the relationship between the Company and Service Provider, entitling the Company to apply the measures under Section XV.
Performance of Services
Art. 23. (1) Where a service is performed at an address, the User must specify an accurate, complete, genuine and accessible performance address when ordering it.
(2) Where a service is performed at an address, the User must ensure their own presence, that of the Service Recipient or another necessary person where the service requires it, and the necessary assistance, access and actual conditions for performance. Where the Platform's service description or applicable special terms specify that the User must supply medicines, consumables, devices, equipment, materials or other items, the User must ensure they are available at the address when the Service Provider arrives.
(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) Where a service is performed at an address, the location's nature and actual use must be suitable for that service and provide the necessary practical, hygiene, technical and spatial conditions. Orders for public places, public areas, open spaces without a separate private environment or other places incompatible with safe, lawful and proper performance are not permitted. Where there are justified doubts about suitability, the Service Provider may refuse performance under Article 24.
(7) An Online Consultation is conducted through the technical method specified in the Platform for the service. The User must provide the necessary device, internet connectivity, technical environment and conditions for a calm and confidential consultation and be available at the booked time slot's start. The Service Provider waits for the User or Service Recipient for the period announced in the Platform for that service or, where none is announced, 15 minutes from the start time.
(8) An Online Consultation is recorded only where the Platform provides for recording for that service and after prior express consent given as specified in the Privacy Policy. The recording serves solely to document the service performed and protect the parties' rights, is not offered as an independent service and carries no separate charge for access.
Art. 24. (1) Where the Service Provider has arrived at the specified address or, for an Online Consultation, was available through the specified technical method at the booked time slot's start and waited for the period under Article 23, paragraph 7, and the service cannot be performed due to circumstances within the sphere of the User, Service Recipient or another person for whom they are responsible, without a statutory withdrawal right having been duly exercised, the service is deemed prevented for a reason attributable to the User and its Price remains payable in full. The amount reflects transport and organisational costs incurred, the Service Provider's time reserved for that Order Request and the inability to offer the same slot to another User.
(2) Circumstances within the sphere of the User, Service Recipient or another person for whom they are responsible 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. inability to perform the service safely, including, but not limited to, conditions at the address or another circumstance within the sphere of the User or Service Recipient;
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) Under paragraph 1, the Service Provider must wait 10 minutes from the booked time slot's start unless a longer period is expressly provided in the Platform or special terms for the relevant service category.
(4) To establish that the Service Provider was present and attempted performance, some of the following evidence may also be used:
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 prevented services, No-Shows, refusals to assist, failures to provide access or other acts or omissions within the sphere of the User or Service Recipient resulting in inability to perform, the Company may apply the measures under Section XV, including, but not limited to, restriction, suspension or termination of access to the Platform or individual functionalities. Cases where the User exercised a statutory withdrawal right or another right under a mandatory legal provision are not counted in assessing repeated conduct.
(8) Where a service is supplied at an address, the Service Provider may, on reasonable and good-faith professional judgement considering the actual circumstances on site, refuse wholly or partly to begin or continue performance where objective circumstances prevent safe, lawful or proper performance. Where the grounds are within the sphere of the User or Service Recipient, paragraph 1 applies; where a circumstance under paragraph 5 exists, paragraph 5 applies; and where the cause lies within the Service Provider's sphere, Article 25 applies.
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 a refund of the paid service Price is due for a reason for which the Service Provider is responsible, and in the cases under Article 24, paragraph 5, sentence three, the Service Provider owes a refund of the full Price regardless of settlements, commissions or other remuneration paid or due between it and the Company. The Company refunds the Administrative Fee only where due under these General Terms and Conditions or applicable legislation.
(5) The rules concerning cancellation, modification, rescheduling, and refund of amounts shall apply together with the provisions of the following Section.
Cancellation, Modification, and Rescheduling
Art. 26. (1) This Section governs cancellation of an already ordered service, requests for modification or rescheduling and their 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 withdrawal regime applies to the service, it prevails over any conflicting provision of this Section.
(4) Contractual cancellation under Article 27 is distinct from the statutory right of withdrawal under Articles 29 and 30. The rules on amounts payable under Article 27 do not apply where the User validly exercises a statutory withdrawal right under Articles 29 and 30.
Art. 27. (1) Apart from exercise of a statutory withdrawal right under Article 29, the User may cancel an ordered service without owing its Price if cancellation is made no later than 24 hours before the booked time slot's start.
(2) Where cancellation is made less than 24 hours but no later than 12 hours before the booked time slot's start, the User owes 50 percent of the service Price unless applicable legislation provides otherwise.
(3) Where cancellation is made less than 12 hours before the booked time slot's start, the User owes the full service Price unless applicable legislation provides otherwise.
(4) The amounts under paragraphs 2 and 3 reflect the Service Provider's time slot reserved for the Order Request, which cannot reasonably be offered to another User after late cancellation, and the organisational and preparatory actions already taken and their costs.
(5) Cancellation takes effect when duly recorded through the Platform or received by the Company or relevant Service Provider through a specified communication channel. Cancellation received by the Company is deemed received by the relevant Service Provider at the same time.
(6) Paragraphs 1-5 also apply to services excluded from the distance and off-premises contract regime under Article 46 of the CPA insofar as applicable legislation does not provide otherwise.
(7) Where the User is a Consumer and cancellation affects all services in one Order Request, the Administrative Fee paid is refunded in full. Where at least one confirmed service remains after cancellation, the Administrative Fee is not reduced or partially refunded.
(8) Where the User is not a Consumer within the meaning of the CPA, the Administrative Fee is payable in full from confirmation of the Order Request and is not refundable upon subsequent cancellation, modification or rescheduling.
Art. 28. (1) The User may request a change to the date, time, time slot, address or another material parameter of an ordered service.
(2) The request is considered according to the Platform's technical capabilities, Service Provider availability, nature of the service and any applicable special terms.
(3) A requested change or rescheduling takes no effect unless expressly confirmed through the Platform or another method expressly provided in it. Until confirmation, the originally ordered date, time, address and other parameters remain in effect.
(4) Where a change alters the price or another amount payable, the new amount is supplied to the User before confirmation of the change and applies only after their express confirmation.
(5) Where the requested change effectively results in a different service, scope of performance or other substantially different supply conditions, a new Order Request may be required.
(6) Where rescheduling is requested due to circumstances under Article 24, paragraph 5, the User and Service Provider make reasonable efforts to arrange another suitable date and time.
Art. 29. (1) Where the User is a Consumer and a CPA withdrawal right applies to the service, they may withdraw from that service contract within 14 days of conclusion without giving a reason or owing compensation, penalties or other costs except in cases expressly provided by law.
(2) Where an Order Request includes more than one service, the right of withdrawal is assessed separately for each service contract.
(3) The Consumer exercises the right of withdrawal using the standard withdrawal form in Appendix No. 1, “Withdrawal Form and Information on Exercising the Right of Withdrawal”, to these General Terms and Conditions, or another unambiguous statement sent before the applicable period expires.
(4) The withdrawal statement may be sent through the designated Platform functionality, to the relevant Service Provider or to the Company at the email address specified in these General Terms and Conditions. A statement withdrawing from a service contract received by the Company is deemed received by the relevant Service Provider at the same time.
Art. 30. (1) Where the User is a Consumer, has requested that a service begin before the withdrawal period expires and subsequently exercises that right before full performance, they owe only an amount proportionate to what was actually supplied up to notification of withdrawal, unless applicable legislation excludes such liability.
(2) Where the User's selected start time falls within the withdrawal period and the law requires an express request to begin performance within that period, before Final Confirmation the Platform requires a separate, non-preselected box through which the User expressly:
1. requests that the relevant service begin before the withdrawal period expires;
2. acknowledges that after full performance of the relevant service they will lose the right to withdraw from its contract;
3. acknowledges that if they withdraw before full performance, they owe only an amount proportionate to what was actually supplied up to withdrawal, where such an amount is payable under applicable legislation.
(3) The statement under paragraph 2 is recorded by the Platform and included in the confirmation sent to the User on a durable medium.
(4) After full performance of the relevant service, the right of withdrawal expires where the conditions under applicable legislation are met.
(5) This Article applies separately to each service contract and, where applicable, to the contract between the User and Company for the Company's service.
Art. 31. (1) Where a refund is due by law, these General Terms and Conditions or applicable special terms, it is made by the person responsible under the particular legal relationship and applicable legislation.
(2) Where permitted and technically possible, the Company may technically process a refund in the name and on behalf of the relevant Service Provider without that alone making the Company a debtor under the service contract.
(3) Upon valid exercise of a statutory withdrawal right, amounts due for refund are repaid without undue delay and no later than 14 days after receipt of the withdrawal statement, using the same payment method as the original payment unless the Consumer expressly agrees to another method that entails no costs for them.
(4) Where the User is entitled under Article 27 to a full or partial refund of an amount paid in advance, it is refunded under this Article.
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's selection and ordering of a service do not replace the Service Provider's professional judgement as to its applicability, permissibility and appropriate method of performance. Where the service requires such judgement, it is made by the Service Provider, who is responsible for it under applicable legislation and professional rules.
Art. 34. (1) Descriptions, names, presentations and designations of services in the Platform provide general information about the services offered. The expressly stated characteristics and parameters of the particular service included in the Order Request and its Confirmation form part of the agreement between the User and relevant Service Provider. This does not limit the significance that applicable legislation attributes to information supplied to the User before the contract is concluded.
(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) Unless an obligation to achieve a particular result is expressly undertaken for the service, its description, presentation or name does not guarantee a specific medical, veterinary medical, pharmaceutical, aesthetic, household, technical, organisational or other result.
(4) Where a service requires individual professional judgement, the Service Provider may determine or adapt the manner, sequence and duration of performance to the particular case, but only within the agreed characteristics and scope and applicable professional rules. A change to the main subject matter, agreed scope, material characteristic or Price requires the User's express consent; where the change constitutes ordering an Additional Service, Section VIII also applies.
(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) Unless expressly and clearly stated otherwise in the Platform for a particular service, the Company and Service Provider undertake no obligation for the service to be paid, covered or reimbursed wholly or partly by the National Health Insurance Fund (НЗОК), another public fund, insurer, employer, social fund or other third party, and do not guarantee such coverage. The User pays amounts due under the Order Request in accordance with these General Terms and Conditions regardless of any rights against a third party. Such rights do not oblige the Company or Service Provider to supply the service free, at a discount or at the third party's expense, or assist in obtaining coverage or reimbursement, unless expressly agreed otherwise.
(7) Images, photographs, graphics, illustrations, videos, animations, visualisations and other visual materials in the Platform are illustrative and indicative and do not themselves guarantee a particular result, appearance, setting, equipment, materials or other actual parameters unless a visual material is expressly specified as a characteristic or part of the particular service.
Art. 35. (1) The Platform's general informational content that is not supplied by a Service Provider as part of a particular professional service does not constitute an individual medical, veterinary medical or pharmaceutical consultation, legal advice, technical opinion or other personalised professional advice.
(2) Use of the Platform and its general informational content does not replace examination, diagnosis, treatment, monitoring, emergency assistance, physical inspection, individual professional assessment or another necessary professional action where required by the particular case.
(3) The User should not delay seeking competent professional assistance solely because they are browsing, using or waiting for a service through the Platform.
(4) The Platform, including the mobile application, is not a medical device or an in vitro diagnostic medical device within the meaning of applicable legislation. It does not diagnose, treat, alleviate, monitor or prevent disease, conditions or injuries, take measurements or interpret test results; it serves solely to order, administer, pay for and track services supplied by Service Providers. For medical advice, diagnosis, treatment or interpretation of results, the User should consult a qualified medical professional or a veterinarian for animal-related services.
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 is not responsible for adverse consequences that directly and immediately result from information the User failed to supply or supplied inaccurately, incompletely or misleadingly, insofar as the Company did not contribute through its own culpable act or omission.
Art. 37. 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.
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 professional documents that must, by law, applicable professional rules, the nature of the service or the particular case, be prepared, signed, issued, supplied, served, stored or used in connection with performance, certification, reporting or subsequent monitoring of the service, including informed consents, records, discharge summaries, prescriptions, referrals, results, instructions, opinions, forms, certifications, declarations and other professional documents, fall within the relevant Service Provider's professional and legal responsibility unless applicable legislation or these General Terms and Conditions expressly provide otherwise.
(2) The Service Provider is responsible for the content, form, lawfulness, accuracy, completeness, validity, signing, issuing and supply of documents under paragraph 1 and for complying with applicable statutory and professional requirements for their preparation and retention. Providing a technical capability to store a document through the Platform does not relieve the Service Provider of an independent statutory or professional obligation to retain it.
(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 professionally review, approve or validate documents under paragraph 1 and bears no professional responsibility for their content, lawfulness, sufficiency, accuracy, completeness or validity unless applicable legislation or these General Terms and Conditions expressly provide otherwise. This does not affect its responsibility for documents and electronic records it prepares or issues or for fulfilling obligations it undertakes concerning technical processing, storage and provision of access to documents through the Platform.
(5) Where the Platform offers technical capabilities to exchange, upload, view, download, store, send or access documents, these are technical and organisational functionalities and do not make the Company the document's author, issuer, signatory or bearer of professional responsibility unless applicable legislation or these General Terms and Conditions expressly provide otherwise.
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) A person uploading, sending, entering, sharing or otherwise supplying a document or content through the Platform is responsible for being entitled to supply it, for the lawfulness of doing so and for not infringing third-party rights or legitimate interests. Where the content is that person's own statement or document, they are also responsible for its truth, accuracy and completeness. Where a third party prepared or issued the document, the supplier is not responsible for the truth of the author's statements but may not knowingly supply a forged, manipulated or misleadingly altered document.
(3) Uploading, sending or supplying through the Platform forged or manipulated documents, knowingly false or misleading statements, content with malicious software, content infringing third-party rights or misusing others' data, or any objectionable content is prohibited. Objectionable content includes unlawful content and content that is offensive, vulgar, threatening, harassing, degrading, discriminatory or incites hatred or violence based on race, ethnicity, origin, religion, sex, sexual orientation, disability or another protected characteristic; pornographic, sexual or manifestly indecent content; content depicting or encouraging violence, self-harm, eating disorders, substance abuse or other dangerous acts; content harming a child's rights or interests; and any other content supplied in breach of law, these General Terms and Conditions or the Platform's purpose.
(4) The Company has no general obligation to review uploaded documents or content in advance. It may refuse them, restrict access, block, remove or disable access where grounds exist under Section XV or where required by applicable legislation or a competent authority.
(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 requested information, explanations or evidence under paragraph 5 within the prescribed period entitles the Company to apply the relevant Section XV measures, without excluding other rights and remedies under these General Terms and Conditions, the Service Provider contract or applicable legislation.
(7) The Company applies zero tolerance to objectionable content under paragraph 3 and conduct by persons who harass, threaten, insult or otherwise abuse other Users, Service Providers, Service Recipients or persons through whom Service Providers supply services. Supplying objectionable content and such conduct constitute a material breach of these General Terms and Conditions.
(8) The Platform provides the User and Service Provider with functionality accessible in every channel under Article 2, paragraph 8 allowing them to:
1. report specific objectionable content, including a rating, review, note, image, document or other content supplied through the Platform;
2. report a person whose conduct violates paragraph 7;
3. request exclusion of a particular person from their future Order Requests; once granted, the Platform does not assign that person to the requester's Order Requests or assign that person's Order Requests to the requester. Exclusion is taken into account when selecting the Service Provider under Article 57; where it leaves no other Service Provider available for the requested parameters, Article 38 applies;
4. block a particular person where the Platform offers direct communication or publishing content visible to others; after blocking, the Platform prevents messages and other direct contact from the blocked person. Reports and requests under items 1-3 do not require a legal basis to be specified and do not exclude the right to report illegal content under Article 65.
(9) The Company considers reports and requests under paragraph 8 and applies the relevant Section XV measure within 24 hours of receipt; for a substantiated report it removes or disables the content and restricts or terminates the offender's access. A manifestly unfounded, abusive or repeated report may be left unexamined with notice to its submitter. The Company may use automated technical tools to detect and filter objectionable content subject to Article 63, paragraph 4.
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. refrain from actions that disrupt, impede or endanger the Platform's normal functioning or security;
10. comply with applicable technical and operational instructions published in the Platform insofar as necessary for normal and secure use of its functionalities, provided they do not amend these General Terms and Conditions or restrict the User's rights under applicable legislation;
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 must immediately notify the Company of any identified error, unauthorised use, suspected abuse or unlawful access affecting their User Account, data, an Order Request they made or the security of their use of the Platform.
(3) The User is responsible for their own actions and statements through the Platform and for data and content they supply, upload, send, enter or confirm through it, subject to these General Terms and Conditions and applicable legislation.
(4) When paying with a bank card whose details are entered through the Platform, the User must:
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 duly authorised user. When paying through the mobile operating system provider's electronic wallet, items 1 and 3 do not apply. In that case, the User must use only a card included in the wallet of which they are the lawful holder or duly authorised user and complete authentication through the device authentication mechanism.
Art. 43. (1) The User shall be prohibited from:
1. upload, send, supply, publish or distribute through the Platform documents or content in breach of Article 40, paragraph 3;
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. extract data automatically, copy datasets, collect information without permission or use scripts, robots, crawlers or other technical tools unless expressly authorised by the Company or applicable legislation;
5. decode or reverse engineer outside the cases expressly permitted by applicable legislation, circumvent technical restrictions or overload, block, disrupt or compromise the Platform's security;
6. use the Platform in a manner creating a risk to the life, health, safety, property, data 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. use the Platform contrary to these General Terms and Conditions, good morals or its purpose, or in a way circumventing its rules for ordering, payment, documentation and communication;
9. harass, threaten, insult, stalk, discriminate against or otherwise abuse a Service Provider, a person through whom it supplies services, another User, a Service Recipient or Company employee, including through messages, calls, ratings and reviews.
(2) Upon breach of the prohibitions under paragraph 1, the Company may apply the Section XV measures according to the nature, seriousness, consequences and risk of the breach, without excluding other rights and remedies under these General Terms and Conditions or applicable legislation.
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 wholly or partly to begin or continue an ordered service under the procedure and conditions in Article 24, paragraph 8.
(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 and timing of service performance and for achieving a particular result where expressly agreed or required by applicable legislation or professional rules;
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. prepare, sign, issue, supply, serve and retain all professional documents for which an obligation is imposed on the Service Provider by law, applicable professional rules, the nature of the service or these General Terms and Conditions;
8. refund to the User the full service Price and all other amounts the Service Provider must refund by law, these General Terms and Conditions, applicable special terms or for a reason for which it 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. upload, send, store or distribute through the Platform documents or content in breach of Article 40, paragraph 3;
8. use the Platform contrary to law, these General Terms and Conditions, applicable special terms, its contract with the Company or good morals;
9. harass, threaten, insult, stalk, discriminate against or otherwise abuse a User, Service Recipient, another Service Provider or Company employee.
(2) Upon breach of the prohibitions under paragraph 1, the Company may apply Section XV measures according to the nature, seriousness, consequences and risk of the breach, without affecting other rights and remedies under law or the contract between the Company and Service Provider.
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 or data of the Company, a User, Service Recipient, Service Provider or third party, including against unlawful harm to their reputation;
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. where materially false, incomplete, inaccurate, misleading or outdated data, information, documents or content are supplied, used or maintained and may affect the Platform's lawful or normal functioning, service performance or the rights and legitimate interests of the Company, a User, Service Provider or third party;
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 the Company has an objectively justified reason to believe that continued access to the Platform, a particular functionality or Account creates a legal, regulatory, technical, operational, financial or other material risk for the Company, Platform, a User, Service Recipient, Service Provider or third party, or may prevent the Platform's normal, secure or lawful functioning;
11. where the User or Service Recipient has on two or more occasions prevented performance of ordered services for reasons within their sphere under Article 24, paragraphs 1 and 2. Valid exercise of a statutory withdrawal right, proper contractual cancellation under Article 27, confirmed modification or rescheduling under Article 28, and cases under Article 24, paragraph 5 are not counted in assessing repeated conduct.
(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.
(4) Irrespective of the grounds under paragraph 1, the Company may at its discretion prospectively terminate a User's Platform access and User Account without a breach by that User, on 30 days' prior notice. Termination does not affect already confirmed Order Requests, accrued rights and obligations, refunds due, complaints or warranty claims submitted, or other legal relationships arising before termination.
(5) The Company may restrict, suspend or terminate a Service Provider's access to the Platform irrespective of a breach where permitted by applicable legislation.
(6) Where the Company prospectively terminates a Service Provider's Platform access and Service Provider Account, it gives notice on a durable medium at least 30 days before termination takes effect, stating the grounds. This period does not apply where a legal or regulatory obligation requires termination without observing it, where the Company invokes a mandatory ground under applicable law, or where the Service Provider has breached these General Terms and Conditions, applicable special terms or its Company contract on two or more occasions. Termination does not affect already confirmed Order Requests, which the Service Provider must perform unless the nature of the grounds precludes this.
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) The Company notifies the affected person of the measure, its scope and grounds through the Platform, by email or another appropriate communication channel unless disclosure is prohibited by law, would create a Platform security risk or endanger another person's rights or legitimate interests.
(3) Where a measure under this Section affects a Service Provider Account, the Company provides the Service Provider with a statement of reasons on a durable medium and observes applicable statutory and contractual requirements concerning notification, notice periods and when the measure takes effect, except where applicable legislation permits immediate action.
(4) When the grounds for restriction, suspension or blocking cease and no other grounds justify maintaining the measure, the Company restores access in full or to the relevant limited extent within a reasonable period.
(5) 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.
(6) 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, Service Provider and User may exchange service-related communications by email, telephone call, text message, application notification including push notification, account message, mobile messaging applications such as Viber, WhatsApp, Telegram or Signal, or another electronic method expressly specified by the Company in the Platform or correspondence with the User. Notices and statements sent through a channel expressly designated for that purpose take effect upon receipt where applicable legislation and these General Terms and Conditions permit that notice or statement to be made through the channel.
(2) Where applicable legislation or these General Terms and Conditions prescribe a special procedure or communication channel for a notice, request, cancellation, warranty claim or other statement, that special regime applies without restricting the User's right to make the statement by another legally permissible method.
(3) Communications intended to confirm, perform, remind about or administer an Order Request or contract, process payment, modification, cancellation or rescheduling, resolve address or access problems, ensure security, supply documents or service status information, or fulfil a legal obligation are service and contractual communications. Commercial and advertising communications are sent in accordance with the separate legal requirements applicable to them.
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 address under paragraph 1 may also be used for notices, requests, reports, complaints and other communications to the Company. Where these General Terms and Conditions or the Platform also specify a special email address or another channel for a particular type of communication, the User may also use it unless applicable legislation requires otherwise.
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 Service Provider a limited, non-exclusive, non-transferable and non-assignable right to access and use the Platform, including downloading and installing a copy of the mobile application on a device owned or controlled by that person and using it solely for the Platform's ordinary functions in accordance with these General Terms and Conditions, applicable special terms and legislation, for as long as the person is entitled to access the Platform. For the iOS mobile application, this right may be exercised only on Apple-branded devices owned or controlled by the person and in compliance with the usage rules in the Apple Media Services terms, including Family Sharing and volume purchasing rules. The application store and operating system providers have no obligation to provide maintenance, servicing, updates or assistance for the mobile application; these activities are performed by the Company to the extent provided in these General Terms and Conditions. The right in the first sentence automatically terminates when the Platform access right ends, and the person must stop using and uninstall the application.
(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 non-public Platform elements, data, structure, technical information or other protected materials accessed through its use to develop, offer or support a competing product or service unless permitted by applicable legislation.
(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) Rights in documents, data, content and other materials the User or Service Provider uploads, sends, enters, shares or otherwise supplies through the Platform remain with their respective holders unless applicable legislation or express agreement provides otherwise. Responsibility for supplying such documents and content is determined under Section XII.
(2) By supplying content through the Platform, the person grants the Company a non-exclusive, royalty-free right limited to what is necessary to reproduce, store, process, organise, technically convert, transmit, display and make it accessible insofar as necessary for the Platform's operation, performance and administration of the ordered service, documentation of relevant actions, protection of the Company's legitimate interests and fulfilment of legal obligations. The Company may give its providers, subcontractors and technical partners the access and rights needed for those purposes only to the extent necessary for the relevant function.
(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) Use of the Platform or its elements in breach of this Section breaches the person's contractual obligations and, where applicable legal conditions are met, may also infringe the intellectual property rights of the Company or another rights holder.
(2) Upon a breach under paragraph 1, the Company may apply Section XV measures and use applicable judicial and extrajudicial remedies.
(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 is not liable for damage, costs, losses or other adverse consequences arising from the circumstances below insofar as they are not caused or materially increased by the Company's culpable act or omission breaching a statutory or contractual obligation:
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 continuous and unconditional availability of the Platform at all times. It may be temporarily unavailable, restricted or affected by interruptions, delays, technical errors, incompatibilities, preventive maintenance, servicing, updates or other technical and organisational actions insofar as applicable legislation does not provide otherwise.
(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 mere fact that a particular service is ordered, administered, confirmed or paid through the Platform does not create joint and several liability between the Company and Service Provider.
(5) The application store provider gives no warranty for the mobile application. If the application fails to conform to an applicable warranty, the person concerned may notify the store provider, which refunds any price paid for the application; beyond that, the provider has no warranty obligation and any other claim is directed to the Company. The Company, rather than the application store provider, is responsible for addressing any claim by the person concerned or a third party relating to the mobile application or its possession and use, including product liability claims, claims of non-compliance with applicable law or regulatory requirements, and claims under consumer protection, personal data protection or similar legislation. The Company, rather than the application store provider, is responsible for investigating, defending, settling and discharging any third-party claim that the application or its use infringes intellectual property rights. This paragraph does not limit consumer rights granted by mandatory provisions of applicable law.
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 learning of potentially unlawful content, an act or circumstance, or receiving an act, instruction or order from a competent authority, the Company may apply the relevant Section XV measures, including immediately restricting, blocking, removing or disabling content or suspending access to a functionality where the conditions are met.
(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 in the Platform and more than one Service Provider is available, priority may be given to the Service Provider operating closer to the performance address specified 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, but not limited to, the Service Provider's professional specialisation and qualifications insofar as relevant to the service, technical and organisational criteria, workload, ability to perform under the Order Request's parameters and other relevant criteria applied by the Company for quality, efficiency, security and lawful service provision.
(4) A Service Provider's payment of remuneration to the Company does not give it higher priority for particular Order Requests unless the Company expressly introduces paid prioritisation and the relevant offer, service or Service Provider is clearly labelled in the Platform as “sponsored”, “promotional” or otherwise appropriately marked to show commercial influence on positioning.
(5) The Company may at any time modify, supplement, replace or remove the parameters under paragraph 3 and change their relative weighting and application.
(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.
(7) This Article describes the main parameters and general logic for selecting a Service Provider and does not oblige the Company to disclose specific algorithms, program logic, mathematical models, exact parameter weights, technical rules, anti-abuse mechanisms or other protected or non-public information about the Platform's operation.
(8) The Company does not apply differentiated treatment favouring its own services or those of an entity it controls over Service Providers' services. If the Company begins offering its own services through the Platform under Article 2, paragraph 4, final sentence, the same parameters under paragraph 3 apply; any differentiated treatment, including ranking, data access, payment conditions and remuneration due, is described in the Platform.
(9) Where the Platform displays ratings, reviews or feedback concerning Service Providers, their employees/contractor or services, the Company publishes information on whether and how it verifies that they originate from Users who actually ordered and received the service. The Company does not publish false ratings or reviews, commission third parties to create them or selectively alter, hide or remove reviews to present services more favourably.
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 processes personal data of Users, Service Recipients and Service Providers to the extent, for the purposes and on the legal grounds applicable to each processing operation. Depending on the operation, it may act as independent controller, joint controller or processor under applicable legislation and its contractual relationship with the relevant Service Provider. Data categories, processing purposes and legal grounds, retention periods, recipients, applicable roles and data subject rights are governed in detail by the Privacy Policy and, where applicable, relevant data protection agreements.
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 is published in the Platform with its application date. Unless a later date is specified, the new version applies from publication to persons accepting it after publication and to legal relationships arising thereafter. Paragraphs 3, 6 and 7 and applicable legislation govern existing legal relationships.
(3) The current version applies to use of the Platform and legal relationships arising after the amendment's application date for the person concerned. For existing relationships, an amendment applies only insofar as permitted by this Article and applicable legislation.
(4) Where applicable legislation permits acceptance of an amendment by subsequent conduct, continued Platform use after the amendment applies to the person concerned is deemed acceptance of the new version. This rule does not apply where these General Terms and Conditions or applicable legislation give the person another right concerning the amendment.
(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) Upon a material amendment, the Company notifies affected Users and Service Providers by appropriate electronic means, including email, account message, Platform notification or another electronic method usual for the Platform. Where applicable legislation requires advance notice, a minimum period before application or another special procedure, the amendment applies to the person concerned in compliance with that procedure and period, except in statutory cases of immediate effect.
(7) For a Consumer under an existing contract, the Company notifies them of every amendment to the terms applicable to that contract within 7 days of the amendment at a telephone number, email or correspondence address they supplied. If the Consumer disagrees, they may withdraw from the contract without giving a reason or owing compensation or penalties, or continue its performance under the terms in effect before amendment. This right is exercised by written notice to the Company within one month of receipt of the amendment notice. That choice does not apply where an amendment follows an order or instruction of a competent authority. The amendment binds the Consumer under the existing contract if duly notified and they do not exercise their right within the stated period. The Company retains data allowing the fact of notification to be established.
(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.
(9) For Service Providers, amendments are communicated on a durable medium and do not apply before 15 days after communication, or a longer period where necessary to allow technical or commercial adaptations. Until that period expires, the Service Provider may terminate its Company contract. The period does not apply where a legal or regulatory obligation requires a shorter timeframe or the amendment is necessary to address an unforeseen and imminent danger from fraud, malware, spam, data breaches or another cybersecurity risk. The Service Provider may waive the period in writing.
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) To enable timely and effective consideration, a complaint should, insofar as applicable and available to its submitter, contain submitter and contact details, a description of the complaint and information identifying the relevant Order Request, service or other circumstance concerned.
(3) Where a complaint is incomplete, unclear or insufficient to establish the relevant circumstances, the Company may request additional information, documents or clarification. Pending receipt, it may suspend factual investigation to the extent objectively impossible without that information unless applicable legislation provides another procedure or mandatory deadline.
(4) Where a complaint concerns the Platform's technical functioning or another matter within the Company's sphere, the Company considers it within a reasonable period according to the case's nature and complexity unless applicable legislation prescribes a specific deadline.
(5) Where a complaint, report, objection or other grievance concerns actual service performance, including quality, content, professional justification, lawfulness, timing, refusal to perform, Service Provider conduct, consequences of performance or a need for refund for a reason potentially attributable to the Service Provider, the Company acts solely as an administrative and communication channel. It may forward the communication and accompanying documents to the Service Provider and assist communication between the parties. The Company is not authorised to accept CPA warranty claims on the Service Provider's behalf, keep its claim register or issue its claim receipt. If the User wishes to make a warranty claim against the Service Provider, it must be made directly to that provider or by another method permitted by applicable legislation.
(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 a dispute is between a Consumer and Service Provider about the service itself, the parties may use applicable alternative consumer dispute resolution methods, including a competent general or sectoral conciliation commission, insofar as the statutory conditions are met.
(3) Alternative resolution of consumer disputes is an out-of-court conciliation procedure based on voluntary participation.
(4) Information on applicable alternative consumer dispute resolution bodies is supplied in the Platform and otherwise where required by applicable legislation. Where a dispute between a Consumer and Company was referred directly to the Company but remains unresolved, the Company supplies the Consumer with the legally required information on the applicable dispute resolution body or bodies and states whether it will participate in the procedure.
(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) If a dispute arises, the Company and User may make good-faith efforts to settle it voluntarily through negotiation or another permissible method. Failure to achieve or pursue voluntary settlement does not restrict either party's right to apply to a competent court or authority under applicable legislation.
(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 report specific content on the Platform that they consider illegal through the electronic form available on the page under Article 64, paragraph 4 or another electronic channel expressly specified 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 restricts particular information, content, a document, payment, service or account because it is illegal or incompatible with these General Terms and Conditions, and has electronic contact details for the affected person, it provides a clear and specific notice no later than the time the measure is imposed unless applicable legislation permits or requires otherwise.
(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 (РОБП), the Company fulfils the applicable obligations under Article 22 of the GPSR. The Company is not a manufacturer, importer or distributor of the products and is not responsible for their safety or conformity unless applicable legislation expressly provides otherwise. Information on the single contact points for market surveillance authorities and consumers concerning product safety is published on the page under Article 64, paragraph 4 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 supplies and maintains current information under Article 22, paragraph 9 of the GPSR, displayed or readily accessible to consumers, including manufacturer details, product identification with an image and all safety warnings in Bulgarian.
(3) By offering a product through the Platform, the Service Provider declares that it offers only products complying with applicable safety requirements. Upon a breach or justified suspicion, the Company may apply Section XV measures, including restricting or suspending the product offer or the Service Provider's Platform access.
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) Without undue delay, the Company directly notifies all identifiable affected consumers or, where direct contact is impossible, prominently disseminates the information in the Platform and through other channels with the widest possible reach; removes or disables the affected product; informs the relevant economic operator; and, where required by applicable legislation, notifies competent authorities through the applicable mechanism, including 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.
(3) The appendices to these General Terms and Conditions form an integral part of them.
Art. 72. (1) These General Terms and Conditions are drawn up in Bulgarian. The Bulgarian version is the original and the only legally binding version and is the version accepted under Article 4, paragraph 1.
(2) The Company may also supply these General Terms and Conditions, their appendices, special terms, policies and other Platform content in other languages, including, but not limited to, through automated translation. Any version in a language other than Bulgarian is for information only and solely for the convenience of the person concerned, regardless of whether accessed through the website, mobile application or otherwise.
(3) In the event of any discrepancy, conflict or doubt as to meaning between the Bulgarian version and another language version, the Bulgarian version applies. A version in another language does not create rights and obligations different from those provided for in the Bulgarian version.
to the General Terms and Conditions for Use of the OneCare Platform
WITHDRAWAL FORM AND INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
STANDARD FORM FOR EXERCISING THE RIGHT TO WITHDRAW FROM THE CONTRACT
(complete and send this form only if you wish to withdraw from the contract)
To _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,
UIC _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Email address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I/We* hereby give notice that I/we* withdraw from my/our* contract for the purchase of the following goods*/provision of the following service*:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Ordered on*/received on* _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Name of consumer(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address of consumer(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Signature of consumer(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
*Delete as appropriate.
INFORMATION ON EXERCISING THE RIGHT TO WITHDRAW FROM THE CONTRACT
Standard withdrawal instructions:
I. Right to withdraw from a distance or off-premises contract.
II. You have the right to withdraw from this contract within 14 days without giving any reason.
III. The withdrawal period is 14 days from the date 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 unambiguous statement (for example, a letter sent by post or email). You may use the attached standard contract withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient to send your communication concerning exercise of the right of withdrawal before the withdrawal period expires.
IV. Effects of withdrawal.
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in all cases no later than 14 days from the date you inform us of your decision to withdraw. We will make the reimbursement using the same payment method you used for the initial transaction unless you expressly agree otherwise; in any event, you will incur no fees as a result of the reimbursement.