Terms and conditions

Business Conditions valid as of 1 May 2012


The operator and holder of the licence and rights associated with the use of the HOPINTAXI application is PURPUR, s.r.o., Registered Office: Pribinova 4/17952, 811 09 Bratislava, ID: 45 643 423, incorporated in the Bratislava I DC CR, Sec.: Sro, Ins. No. 66329/B (hereinafter the “Company”). These general commercial terms govern legal relationships involving the application itself and the rights and obligations of the Company, taxi transport drivers authorised to use HOPINTAXI (hereinafter “Driver”) and anyone interested in arranging taxi transport with HOPINTAXI (such persons are hereinafter referred to as “Customers” or “Customer). Downloading the application and beforehand expressing consent to becoming aware of and accepting these General Commercial Terms and Privacy Policy (hereinafter “GTC”) obliges both a Customer and a Driver to comply without reservation to all the terms stipulated herein.

“Application” means the HOPINTAXI application to broker an agreement between a Customer and a Taxi Transport Driver, whereby the Customer orders the Taxi Transport of his/her choice. “Application Licence Holder” means PURPUR, s.r.o., Registered Office: Pribinova 4/17952, 811 09 Bratislava, ID: 45 643 423, incorporated in the Bratislava I DC CR, Sec.: Sro, Ins. No. 66329/B, which is solely entitled to decide upon how the Application is handled, disposed of and utilised, and on any changes and modifications therein. “Customer” means an individual or legal entity interested in entering into an agreement with an entity licensed to provide Taxi Transport that has the required Communications Devices. “Individual” means a natural person with full legal capacity who has reached the age of 18 years. “Taxi Transport” means an entity licensed to transport customers in vehicles marked “Taxi”, with all authorisations required under special regulations to provide this service. “Driver” means an outright taxi driver who has all the necessary authorisation required under special regulations to operate Taxi Transport and/or is authorised under a special contractual relationship to be a Taxi Transport Driver for another entity. The driver has entered into a separate contract with the Company whereunder he/she is registered in the Application and which governs their mutual rights and obligations. “Communications Devices” are especially smartphones, tablets, GPS modules working with operating systems and minimal technical parameters whose description is shown in the Application, personal computers with operating systems, web browsers and minimal technical parameters defined in the Application (hereinafter “Communications Devices”);

When a Customer or Driver downloads HOPINTAXI to his/her telephone, tablet or other device, the Application grants to the Customer the right to order a ride (to contact a taxi driver) of his/her choice from the selection of taxi drivers offered therein and grants to the Driver the right to receive an order from a Customer in the form and method specified in the Application. A Driver registered in HOPINTAXI shall have listed in the Application his/her conditions for transport, whereunder Taxi Transport is provided, as well as other characteristics critical to the Customer’s decision-making. Before choosing a specific vehicle, the Driver shall become familiar with all the conditions presented in the Application. The Company shall only mediate between the Driver and the Customer through the Application and is not a party to any legal relationship between them. A contract solely between the Customer and the Driver regarding Taxi Transport shall arise, with the contract’s commencement determined by the Driver’s conditions, although ordinarily at the moment when the Customer enters the Taxi Transport vehicle. Detailed terms and conditions are defined by the Drivers. For this reason, no Customer has the right to exercise a claim against the Company by virtue of utilising the Application, in light of no legal relationship having arisen between the Company and the Customer concerning transport. Likewise, no Driver has a legal claim against the Company by virtue of utilising the Application either referring or related to a Customer(s), in light of the Company not being a party to any contractual relationship between the Customer and the Driver. Downloading the Application does not entitle either a Customer or a Driver to modify the Application, interfere with its source code, sell the Application to other persons or act in any other way that infringes the rights and legitimate interests of the License Holder. Likewise, no one has the right to distribute the Application other than in the manner specified by the Company, nor to infringe upon the rights of the Application’s creator. By downloading HOPINTAXI and accepting these GTC, both the Customer and the Driver unconditionally undertake to comply with these legally enforceable rules for utilising the application, databases owned or operated by the Company and data and information presented in the Application, and they undertake to act in accordance herewith. In specific cases, a condition for using the Application is the Customer having registered in the manner and form specified directly in the Application. Customers are required when they register to be aware of these General Commercial Terms and Privacy Policy (hereinafter “GTC”) and to indicate their acceptance in the manner shown in the Application. By accepting the GTC, the Customer simultaneously grants the Company consent to receive the Newsletter. When requesting registration, Customers will be required to fill the mandatory registration form, ordinarily presenting data such as forename and surname, age, permanent address, user name for logging into the Application, password, telephone number and e-mail address. Customers are required to provide truthful information. The Company reserves the right to refuse registration or later to cancel a registered Customer if such registration violates the laws of the Slovak Republic, principles of decency, moral behaviour or these GTC. The Company will refuse to register anyone under the age of 18. In addition to registration data entered by a Customer, the Application may gather certain information automatically, including, but not limited to, the type of mobile device used; the mobile device’s identification number, IP address, operating system and mobile web browser; and information on utilising the device for statistical purposes. The Application also receives information about the device’s exact position in order to indicate where the device is located and to show a menu of available drivers in the neighbourhood. Simultaneously, the exact positioning is used by a Driver to pick up a Customer at the defined location. In the case of Drivers, the Application receives information about the current position of the Driver’s Communication Device in order to display available Taxi Transport to potential customers. The Application regularly updates the position of the Driver’s Communications Device in order to display it visibly to a Customer ordering the service. Both Customers and Drivers can anytime shut off the Application, thereby preventing access to the Application for determining position. Customers acknowledge that personal data identifying them and the positions where they are located will be provided to Drivers so they can identify Customers and know where to pick them up (at the place where they enter the contract of carriage). After successful registration, the user name and password have to be entered in order to access the Application. Both Customers and Drivers are entitled anytime to change the password at their own discretion and likewise entitled to deregister from the Application at any time. Both Customers and Drivers are obliged to protect their user name and password and not to disclose it to third parties, failing which they are fully responsible for any possible damage thereby incurred. If a Customer or Driver has no interest in being registered in the Application, uninstalling the Application discontinues its use and also deletes the Customer’s data from the Application. Information automatically collected is retained for 24 months and can then be filed. If there is renewed interest by a Customer in using the Application, it can be reinstalled and a new registration completed. The Company is entitled anytime to change the terms of registration and likewise anytime entitled to amend these GTC. Notice of any changes will be announced by the Company in the Application, specifying the effective date of new registration conditions and/or the amended GTC. If a Customer or Driver does not uninstall the Application after this date and will continue to utilise it, such shall imply that he/she is aware of the new conditions and will undertake without reservation to comply therewith. The Company is entitled at any time to change, suspend or discontinue utilisation of the Application for everyone for reasons to be provided by the Company, or for a specific Customer or Driver acting in violation of the laws of the Slovak Republic, these GTC and rules of good behaviour, where their actions infringe the rights and legitimate interests of other persons, defame their character, breach Internet or the Application’s security rules or are discourteous. If any changes are made in the Application, everyone is required to install them in their Communication Devices unless they are installed automatically. The Company is not liable to a Customer or Driver for damage (or lost profits) caused by their own actions with the Application (whether intentional or out of negligence) or caused to them. The Company is not liable to a Driver for damage caused by a customer ordering the Service and then failing to be on time at the agreed pickup location and not connecting with the Driver. Likewise, the Company is not responsible to a Customer for possible damage caused by a Driver failing to stop at the agreed pickup location at the stipulated time and not connecting with the Customer. The aforesaid failures are solely between them. The Company is not liable for damage caused by information or files spread by a Customer, or damage caused by information or files a Customer has spread or helped to spread through the Application, nor is it liable for damage caused by the Company changing the terms for registration; discontinuing, suspending or changing the Application; losing data or cancelling either a Customer’s or Driver’s access. The Company is not liable for damage caused to anyone because the Application could not be used due to technical breakdown, Internet outage or failure to receive a GPS signal. The Company assumes no liability linked to use and utilisation of the Internet or for possible inability to connect to the Internet and to the Application. The Company is neither responsible for the accuracy of transmitted data, nor for the Customer and/or the Driver receiving necessary and desired information in a due and timely manner, as this depends on the telecommunications service provider.

Where personal data is being provided in the scope specified in Art. II (3) of these GTC, the Customer grants unconditional and express consent to the processing and storage of personal data provided during registration for as long as he/she is registered in the Application. The purpose for registering personal data is to cross-check verification of a completed trip, and when and with which Driver or Customer, a Customer or a Driver, respectively, has entered into a contract of carriage. It is likewise important to obtain and record the aforesaid data when it is necessary for contact between a Driver and a Customer again, as a rule whenever objects left behind in a vehicle have been found and might belong to a Customer. Simultaneously, personal data needs to be recorded to preclude the threat of action being taken against the interests of the Application and its users, to prevent the receipt of various incorrect messages and, in particular, to avoid any unreasonable orders for purposes of entertainment with no actual intention of ever utilising the transport service. Personal data is obtained equally from ordering through the Company’s website or the Application. Likewise, personal data is obtained for the option of transmitting news and important information related to the Application, upgrades, updates, installation and resolution of difficulties associated with using the Application or the impossibility of using it and for other possibilities, in particular for promotional events, the transmission of advertisements for remarkable products and services and the organisation of contests and promotions. The Company is not authorised to provide a Customer’s personal data to any other person and will not do so without the Customer’s consent. Likewise, it has a duty of confidentiality regarding telecommunications privacy, except in cases provided by Slovak law when an obligation exists to provide an authorised government authority with the data and facts it requires, and in a merger with another legal entity, acquisition or sale of the business. The Company is not responsible for personal data entered by a Customer during registration which is not subject to registration, where the Company learns thereof and removes the data so long as it is able to do so, unless the Customer is solely obliged and authorised to remove such data. If the Company learns that personal data has been entered in the Application by a person below the age of 18 years, the registration of such a person will be cancelled and the personal data forthwith deleted as soon as the Company becomes aware thereof.

These GTC come into force and enter into effect on 1 January 2014. Any amendment hereof will be made public in new wording, with the effective date of these new GTC. Legal relationships not explicitly addressed herein are governed by the laws of the Slovak Republic. PURPUR, s.r.o.