DEFINITIONS
“Community Guidelines” means the guidelines, as amended from time to time and in effect, which set out the expectations of all users of the Applications and/or Websites.
“Third Party Providers” refers to independent third parties and includes, but is not limited to, independent transportation service providers, logistics service providers, and/or other transportation service providers.
“Third Party Services” includes, but is not limited to, goods and services in the field of transportation, logistics, and transportation, which are provided to you by independent Third Party Providers, such as indicatively and not exclusively, transportation services. These are made available to you through your use of the Application/Website Services as set forth below.
“Seago” means SEAGO SERVICES P.C., or any of its subsidiaries or related entities (“we” or “us”).
“Distinctive Knowledge of SEAGO SERVICES P.C.” means the distinguishing features of Seago, including but not limited to Seago, Seago Driver.
“Services Provided by Seago” means the services provided directly to you by Seago, which may be subject to separate terms between you and us. These may include, but are not limited to, Seago branded transportation services.
“Seago Trade Names, Marks or Works” means the corporate names, logos, product or service names, trademarks, service marks, designs, other proprietary indicia, or intellectual property rights of Seago or its licensors.
TERMS
1. Overview
1.1. These terms govern your access to and use of the Seago mobile applications and/or websites (the “Terms”). You must carefully read and agree to the Terms before accessing and using the Seago Mobile Applications and/or Websites. Your agreement to these Terms establishes a contractual relationship between you and Seago. If you do not agree to these Terms, you may not access or use the Seago Mobile Applications and/or Websites. These Terms expressly supersede any prior agreements or arrangements regarding the App/Website Services (as defined below) between you and Seago.
1.2. These Terms apply to the extent that they do not conflict with any user terms and supplemental terms that are specific to Seago’s mobile applications and/or websites. You will be asked to agree to these terms separately.
1.3. For Third Party Services Seago acts as an intermediary for Third Party Providers, and for Services Provided by Seago as a service provider (see article 4 below).
2. Application/Website Services
2.1. The services provided to you by Seago consist of:
2.1.1. To access and use Seago’s mobile applications and/or websites, which enable you to request and receive Third Party Services and/or Seago-Provided Services; and
2.1.2. To payment collection and payment processing services (including invoicing and receipting on behalf of Third Party Providers, only if permitted by locally applicable law) that allow us to bill you and pay the charges to the bank account of Third Party Providers for Services Third Party Providers, or Seago for Services Provided by Seago (Seago may use affiliated entities or third parties to provide these services on its behalf) (collectively “Application/Site Services”).
2.2. These Terms apply to your use of the Application Services/Websites in Greece. By accessing and using the App/Website Services in another country, you may be subject to country-specific terms.
2.3. Seago’s mobile applications and/or websites will be available to you with various Seago Discretions.
2.4. Unless otherwise agreed in writing, the Application/Site Services are made available to you for your personal, non-commercial use only.
2.5. You may request and receive Third Party Services or Seago-Provided Services through Seago’s mobile applications and/or websites, where available.
3. Services of Third Party Providers
3.1. For Third Party Services, Seago acts as a direct agent between you and Third Party Providers in order for them to be able to provide Third Party Services to you. Seago does not provide Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities, who are not employed by Seago.
3.2. When you are connected, online and in close proximity to Third Party Providers who are also connected to the Seago mobile apps and/or websites, you will receive information on the Seago mobile apps and/or websites about the Third Party Services Providers, before you decide to submit a request.
3.3. Third Party Providers (for Third Party Services) and Seago (for Services Provided by Seago) are free to decide whether to accept or reject a request. Acceptance of a request is transmitted to you by the Third Party Providers through Seago’s mobile applications and/or websites and creates an immediate contract between you and the Third Party Providers (for Third Party Provider Services), and/or between you and Seago (for Services Provided by Seago).
3.4. Some Third Party Services may require you to agree to separate Terms prior to using the Third Party Services.
3.5. You may be asked to evaluate the Third Party Provider whose services you requested. The Third Party Provider may also be able to evaluate you. Third Party Providers will see the rating on Seago’s mobile applications and/or websites, and that rating may influence whether they decide to provide Third Party Services to you.
3.6. The Third Party Provider is responsible for any obligations that may arise from the provision of Third Party Provider Services.
4. Use of Application/Site Services
4.1. Seago’s mobile applications and/or websites can be downloaded or made accessible on most modern internet-connected mobile devices equipped with popular operating systems such as Android or iOS.
4.2. You are responsible for obtaining the network access required to use the App/Website Services and are responsible for any charges and fees from your mobile network provider, including those due to data consumption when using the mobile applications or /and Seago websites. You are also responsible for accessing compatible devices and operating systems necessary to use the App/Site Services, including any software or hardware updates.
4.3. To use the App/Website Services, you must register on the Seago mobile apps and/or websites and create an account. At the time of your registration you must be at least eighteen (18) years of age, or meet the legal minimum age in the country where you are registering if it is different from eighteen (18) years of age, unless the terms governing the particular Service Third Party Provider or the Service Provided by Seago impose different age requirements.
4.4. In order to register, you are required to provide us with certain personal information, including your mobile phone number and email address. In order to use the App/Website Services, the Services Provided by Seago or certain Third Party Services, you may need to provide at least one valid payment method (credit card, debit card or any other acceptable payment method). You may need to provide additional information, such as your address, and documents before using certain Seago-Provided Services or Third-Party Provider Services.
4.5. You are not obligated to access or use Seago’s mobile applications and/or websites, nor are Third Party Providers obligated. If you choose to stop using the Seago Mobile Apps and/or Websites, you may do so without notifying us.
4.6. We may temporarily restrict your access to and use of the Application Services/Websites if there is a suspected breach of your obligations (see Section 6 below) or these Terms, including where we receive a report of fraud. There may be circumstances where we are unable to provide you with information about the report pending an investigation (either by us or by a third party such as the police).
5. Your Obligations
5.1. When using the App/Site Services you are required to comply with applicable law as a whole. You may use the App/Website Services only for lawful purposes and for the purposes for which they were intended, as specifically stated in these Terms. You may not misuse Seago’s mobile applications and/or websites or attempt to defraud either us or Third Party Providers.
5.2. You must provide accurate and complete information when registering an account and using the Application/Site Services.
5.3. Your account is personal. It may not be licensed or shared unless expressly permitted by Seago. After you create an account:
you may not create more than one account unless we agree otherwise in writing;
you may not allow third parties to use your account or transfer your account to a third party;
you must keep your account information accurate, complete and up-to-date;
you must keep your login details confidential at all times; and
you must notify us immediately if you have any reason to believe that someone else knows your username or password, or if you suspect that someone else is using your account.
5.4. You are responsible for paying any -fees or charges that may arise as a result of providing Third Party Services or Seago-Provided Services requested through your account as detailed below.
5.5. When using the Application Services/Websites you must not cause annoyance, disruption, inconvenience, or property damage to both Third Party Providers and Seago or any third party.
6. Charges and Payment
6.1. Charges for Application/Website Services
6.1.1. You will not be charged for using the Application/Site Services. However, we reserve the right to introduce a usage charge, in which case you will be notified in writing and given the opportunity to terminate these Terms before any modification becomes effective. If you decide to terminate these Terms, you will no longer be able to access or use the Application/Site Services.
6.1.2. We reserve the right to introduce a fee for certain features on the Seago mobile applications and/or websites. These may be subject to separate terms.
6.2. Charges for Third Party Services and for Services Provided by Seago
6.2.1. If you submit a request through Seago’s mobile applications and/or websites, you agree to pay the applicable charges, as described in the Seago mobile applications and/or websites, before submitting the request (except where public passenger transportation services are requested through Seago’s mobile applications and/or websites, where you agree to pay the fares listed on the applications / websites) and you will be responsible for any charges or fees associated with your account in accordance with article 6.4 above.
6.2.2. Depending on the Services Provided by Seago or Third Party Services used, including but not limited to its location, charges may appear on Seago’s mobile applications and/or websites before a request is made. In other cases, the charges will depend on your use of Third Party Services or Services Provided by Seago. We may provide an estimate of these charges. Please note that the final amount charged to you may be different from the estimated amount.
6.2.3. You may be charged additional fees, costs and/or fines either by Third Party Providers for your use or misuse of Third Party Provider Services (such as repair or cleaning fees), or by Seago for your use or misuse of Seago Services .
6.2.4. In some cases, if the Third Party Services or Seago-Provided Services cannot be provided due to your action or omission (for example, if you are not present at the delivery location to collect a delivery), you may be charged a partial amount or even with all the charges.
6.2.5. After the Third Party Service has been provided, we may bill you directly on behalf of the Third Party Provider as the case may be, only if permitted and/or required by local law. The invoice and/or receipt will include VAT, if applicable.
7.3. Generally
7.3.1. For more information on charges and additional charges, fines, costs and/or fines specific to each Third Party Service or Service Provided by Seago, please consult the support department in the mobile applications and/or and on Seago websites (such as Contact) or related pages on our website(s).
7.3.2. Charges may be introduced or modified from time to time on Seago’s mobile applications and/or websites.
7.3.3. Charges do not include gratuities. As the case may be, you may tip either in person or through Seago’s mobile apps and/or websites. We will collect the gratuities paid through Seago’s mobile apps and/or websites on your behalf and remit them.
7.3.4. Unless otherwise agreed, all charges are due immediately upon request (except where public passenger transportation services are requested through Seago’s mobile applications and/or websites, where you agree to pay the charges listed on the Apps / Websites) and payment is processed by Seago using the preferred payment method associated with your account, after which Seago or the Third Party Providers will send / give you a receipt by email or in physical form . If it is not possible to charge your primary payment method, Seago may use a secondary payment method if available. If your payment methods are unavailable, we reserve the right to still attempt to receive payment.
7.3.5. Charges include applicable taxes including VAT.
8. Cancellation
8.1. In some cases you do not have the right to cancel the request for the Third Party Services and for Services Provided by Seago after it has been accepted. However, for certain Third Party Services, Seago or the Third Party Providers may allow you to cancel the request, but you may be subject to a cancellation penalty.
8.2. Seago may reject requests and cancel Third Party Services or Services Provided by Seago if there is reasonable doubt as to the correctness or authenticity of the request or contact information. And in this case a cancellation penalty may be imposed.
9. Permission
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-assignable license to install and/or use the Seago Mobile Applications and/or Websites on your device , solely for your own use and for your access to and use of information made available through Seago’s mobile applications and/or websites. Any rights not expressly granted herein remain with Seago and its licensors.
10. Intellectual Property
We reserve all rights not expressly granted in these Terms. Our App/Website Services, our devices and all data collected through the Seago Mobile Apps and/or Websites (including all intellectual property rights in all of the above) are and remain our property and the property of our licensors us. Neither you nor any other third party may: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer or lease any portion of the Mobile Applications and/or Websites; of Seago; (b) reverse engineer or attempt to extract the source code of Seago’s mobile applications and/or websites, except as permitted by law; (c) implement or cause to be implemented any programs or text for the purpose of harvesting, indexing, researching or otherwise data mining any part of Seago’s mobile applications and/or websites; (d) uses, displays or manipulates any of Seago’s Trade Names, Marks or Works; Seago for any purpose other than to use Seago’s mobile applications and/or services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Seago’s Trade Names, Marks or Works or any substantially similar or identical mark, name, title or work to the extent of causing confusion; (f) uses Seago Names, Marks or Works as your profile picture or background on social media; (g) purchase keywords (including but not limited to Google AdWords) containing any of Seago’s Trade Names, Marks or Works · or (h) apply to register, mention, use, copy, and/or claim ownership of Seago’s Trade Names, Marks, or Works, or any substantially similar or identical name, mark, title, or work, to the extent that is confusing in any way for any purpose, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as permitted by the limited license granted above.
11. Privacy Notice
We collect, use and share information from or about you as described in our Privacy Notice. Additional privacy notices may apply, including from third-party controllers for Services Provided by Seago or Services of Third-Party Providers.
12. Your Liability and Indemnification
You are responsible for any damages that we incur as a result of your violation of these Terms, your misuse of the Application/Site Services, or your violation of any laws or rights of third parties. You are responsible for all activities conducted through your account, unless such activities are not authorized by you and you are not negligent in any way.
In order to access App/Site Services, you agree to indemnify, defend (at our discretion) and hold us and our respective officers, directors and employees harmless from and against any and all claims, torts, discharges, damages, monetary penalties, fines, social security contributions and taxes resulting from or in connection with any violation of these Terms, violation of applicable law or from third-party claims directly or indirectly related to your use of the Third-Party Provider Services, the Services Provided by Seago or your use of the Services generally.
13. Disclaimer
We provide the Application/Site Services on an “as is” and “as available” basis. The Apps/Website Services may be subject to limitations, delays and/or other problems inherent in the use of the internet and electronic communications and are not guaranteed to be available or error-free at all times.
14. Limitation of Liability
14.1. Nothing in these Terms limits or excludes any liability that cannot be legally limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation, or alters your rights as a consumer, which cannot be excluded under applicable law.
14.2. We shall not be liable under or in connection with these Terms, including but not limited to, contractual liability, tort (including negligence and misrepresentation), damages or otherwise for any liability of any kind hereunder related to the use of the Application Services/ Sites: (i) lost profit; (ii) reduction in sales or business harm; (iii) liability from negotiations; (iv) anticipated reduction in expenses; (v) loss of use or destruction of software, data or information; (v) loss or loss of customer base and (vii) indirect or consequential loss.
14.3. We are not responsible for:
damages or losses arising out of any transaction between you and a Third Party Provider; or
the availability and accuracy of the Third Party Provider’s content, products or services;
14.4. We are not liable for delay or failure of performance due to causes beyond our reasonable control.
14.5. Our total liability to you for your use of the Seago Apps/Websites (and not in relation to other arrangements between us for which the liability arrangements are governed by a separate contract) does not exceed five hundred euros (€500).
14.6. To the extent permitted by law, we make no warranties and disclaim any liability for any act or omission by you or any third party.
15. Termination
15.1. You may freely use the App/Website Services (where available) and may terminate these Terms by closing your account.
15.2. We may terminate these Terms and your access to the App/Website Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and Seago for the provision of Services Provided by Seago.
15.3. Seago may, in its sole discretion, terminate these Terms or discontinue the App/Website Services at any time by providing you with timely, reasonable written notice.
15.4. If we are unable to charge the charges to your preferred payment method, we may suspend or terminate your access to the Seago mobile applications and/or websites until payment is made.
15.5. You must immediately pay any debt owed by you to Third Party Providers or Seago upon termination. Any such debts shall survive termination and we reserve all rights to collect payment upon termination.
16. In general
16.1. Seago may amend these Terms from time to time. We will notify you of the changes within a reasonable period of time. You will be bound by such modifications upon notification to you on the Seago mobile applications and/or websites and/or by email. If you do not agree with these modifications, you are free to close your account in accordance with Article 15.1.
16.2. The invalidity of any articles included in these Terms shall not affect the invalidity and enforceability of the remaining Terms. Any such invalid, illegal or unenforceable section shall be deemed deleted.
16.3. We may assign, subcontract, or transfer these Terms or any of our rights or obligations hereunder, in whole or in part, without your prior consent, provided that this does not result in any impairment of the rights granted to you hereunder Terms or the law. You may not assign, subcontract or transfer these Terms or any of your rights or obligations, in whole or in part, as your use of the Seago Apps/Websites is personal unless otherwise agreed.
16.4. These Terms constitute the entire agreement between us and you, together with any additional agreement in relation to the provision of the Application/Website Services, and supersede all prior agreements regarding your access to and use of the Application/Website.
16.5. You may be required to accept additional terms in order to access or use the Services of the Apps/Websites. If there is a conflict between these Terms and the separate agreement, the latter will prevail, unless otherwise stated in the separate agreement.
16.6. There are no third party beneficiaries of these Terms unless set out in these Terms.
17. Dispute Resolution Procedure
Seago may make available to users acting as consumers a mediation system for consumer disputes related to the App/Website Services or these Terms, with a view to their amicable resolution. According to the Joint Ministerial Decision no. 70330oc./9.7.2015 for the alternative resolution of consumer disputes, for any dispute of a contractual nature related to the Application/Website Services, which could not have been resolved in the context of a complaint previously submitted to Seago’s customer service department, consumers can appeal to the following mediators free of charge: Consumer Ombudsman, Greek Financial Intermediary – Urban Non-Profit Alternative Dispute Resolution Company (“ADR-ADR”), Center for Alternative Dispute Resolution – ADR point and European Institute for Conflict Resolution (“E.I .E.S.”). Eligible consumers may also submit complaints about our Services or these Terms to the European Commission’s official dispute resolution platform pursuant to Regulation (EU) No. 524/2013 of May 21, 2013. Seago does not undertake to use an electronic dispute resolution platform to resolve consumer disputes.
18. Applicable Law and Jurisdiction
These Terms are exclusively governed by and interpreted in accordance with the law of the Netherlands, excluding the rules of private international law, unless, in the case that you reside in the European Union, the mandatory consumer protection laws of your country of residence contain provisions that are more beneficial to you, so these provisions apply. The 1980 Vienna Convention on the International Sale of Mobile Phones (CISG) does not apply. You may initiate legal proceedings regarding the Services before a competent Greek court. If you reside in the European Union, you may also initiate legal proceedings regarding the Services before the competent court of your country of residence, unless you are acting as a business, in which case you agree to submit to the exclusive jurisdiction of the Greek courts.
