1. Subject matter

 

These Terms and Conditions (hereinafter referred to as T&C) describe the terms of use of the service Platform "Zer0" (hereinafter referred to as the System) accessible through the www.Zer0.ro and localized web pages (hereinafter referred to as the Website) and smartphone applications owned and operated by Auto Software Atlas SRL (hereinafter referred to as the Provider) for Users.

The agreement between the Provider and the User will be considered valid and enforceable after the User has successfully registered with the Platform. The acceptance of T&C and its annexes, the Privacy Policy (PP) and the Cookie Policy, as well as the mandatory contributions to the management of personal data are the necessary registration requirements.

2. Definitions

Within the framework of this document,

"Announcement" means an announcement about a Ride posted on the Platform by a Driver;

'Whey' shall have the meaning set out in Article 1 above;

"T&C" means the Terms and Conditions;

"Account" means the account that must be created in order to become a Member and access certain services offered by the Platform;

"Driver" is the Member who uses the Platform and who offers his available seats in the vehicle to other people, for a Ride and at a time defined by the Driver himself, in exchange for a Contribution to costs (The contribution to costs is only applicable for trips longer than 60 Km).

"Member" means any person who has created an Account on the Platform;

"Passenger" means the Member who has accepted an offer to be carried by the Driver or, as the case may be, the person on whose behalf a Member has booked a Seat;

"Contribution to costs" means, for a given Trip over a distance of more than 60 Km, the amount of money requested by the Driver and accepted by the Passenger for the latter's contribution to the travel costs;

"Seat" means the seat reserved by a Passenger in the Driver's vehicle;

"Platform" shall have the meaning set out in Article 1 above;

"Reservation" has the meaning set out in Article 4.2 below;

"Services" means all services provided by "Zer0" through the Platform;

"Website" means the website accessible to www.Zer0.ro;

"Segment" shall have the meaning set out in Article 4.1 below;

"Ride" means the journey which is the subject of the Notice published by a Driver on the Platform and for which he agrees to carry Passengers.

3. Registering on the Platform and creating an Account

3.1. Conditions for registration on the Platform

The platform can be used by people over the age of 18. Registration on the platform by a minor is strictly prohibited. When accessing, using or registering on the Platform, you represent and warrant that you are over the age of 18.

3.2. Creating an Account

The platform allows Members to post and view Ads and interact with each other to book a Place.  You may see the Ads even if you are not registered on the Platform. However, you may not post an Ad or reserve a Seat without first creating an Account and becoming a Member.

To create an Account for yourself, you can:

·        (i) either fill in all the mandatory fields on the registration form;

·        (ii) or log in to your account. by Facebook through our Platform. By using this variant, you understand that "Zer0" will have access to, publish on the Platform and retain certain information from your Account. by Facebook. If you want to know more about using your personal data. in your Account. by Facebook, read our Privacy Policy and Facebook's.

In order to register on the Platform, you must first read and accept these T&C and privacy policy.

When creating an Account, regardless of the method chosen, you agree to provide accurate and true information and to update it through your profile. or by notification to "Zer0" to guarantee their relevance and accuracy in all your relations. contractually with the Provider.

In the case of registration by e-mail, you agree to keep the chosen password secret when creating your Account. and don't pass it on to anyone. In the event that you lose or disclose your password, you undertake to notify "Zer0" immediately. Only you. you are solely responsible for the use of your Account. by third parties, unless you have expressly notified the Provider of the loss, fraudulent use by a third party or disclosure of your password. to a third person.

You agree not to create or use, under your own right. identity or that of a third person, accounts other than the one originally created.

3.3. Verifying

For the purposes of transparency, improved trust and fraud prevention or identification, Vendor may install a system to verify some of the information you have provided in your profile. This is especially the case when entering your number. by phone or provide us with an ID.

You agree and agree that any reference on the Platform or Services to "verified" information, or other similar term, only means that a Member has successfully passed the verification procedure existing on the Platform or Services to provide you with more information about the Member with whom you intend to travel. "Whey" cannot guarantee the veracity, fidelity or validity of the information subject to the verification procedure.

4. Use of the Services

4.1. Posting Ads

As a Member and provided that you meet the conditions below, you can create and post Announcements on the Platform by entering information about the Ride you intend to make (date/time and the meeting and arrival points, the number of seats offered, the options available, the value of the Contribution to costs in the case of 60 Km long trips, etc.).

You are authorized to post an Ad only if you meet all of the following conditions:

·        (i) hold a valid driving license;

·        (ii) you make Ads for vehicles that you own or use with the express approval of the owner, and in all cases, you are authorized to use them for sharing purposes;

·        (iii) you are and remain the main driver of the vehicle covered by the Announcement;

·        (iv) the vehicle has valid insurance against damage to a third party;

·        (v) you have no contraindications or medical inability to drive;

·        (vi) the vehicle you intend to use for the Ride is a 4-wheeled car with a maximum of 7 seats;

·        (vii) you do not intend to post another ad for the same Ride on the Platform;

·        (viii) do not offer more seats than the number available in your vehicle;

·        (ix) all seats offered have a seat belt, even if the vehicle is approved with seats which do not have a seat belt;

·        (x) use a vehicle in good working order and which complies with the legal provisions in force and corresponds to the usages, and especially with an up-to-date roadworthiness certificate (Periodic Al Technical Inspection).

You agree that you are solely responsible for the content of the Ad you post on the Platform. Accordingly, you represent and warrant the accuracy and veracity of all information in your Ad., and you undertake to carry out the Ride under the conditions described in your Notice.

Provided that your Ad is not valid. to comply with T&C, it will be posted on the Platform and will therefore be visible to members and all visitors, even non-members, who perform a search on the Platform or on the website of the partners "Zer0". Provider reserves the right, in its sole discretion and without prior notice, not to post or remove, at any time, any Ad that does not comply with T&C or that it considers to be prejudicial to its image, the Platform or the Services.

You agree and accept that the criteria taken into account in the classification and order of display of your Ad. among other Ads are at the exclusive choice of "Zer0".

4.2. Reservation of a Seat

When a Passenger is interested in a Notice, he can make a reservation request online. This Reservation request is either (i) accepted immediately (if the Driver chooses this option when posting his Or her Ad) or (ii) manually accepted by the Driver. After validation of the Reservation Request by the Driver, as the case may be, the Passenger receives a Booking Confirmation ("Booking Confirmation").

If you are a Driver and you have chosen, when posting your Notice, to manually approve the Reservation requests, then you must respond to any Reservation request within a certain time limit specified by the Passenger during the Booking Request. Otherwise, the Reservation request will automatically expire.

At the time of booking Confirmation, "Zer0" will send you the phone number of the Driver (if you are a Passenger) or of the Passenger (if you are a Driver). At that time you are solely responsible for the performance of the contract linking you to the other Member.

Any use of the Services, as a Passenger or Driver, relates to a particular name. The driver and passenger must correspond to the identity communicated to "Zer0" and the other members participating in the Ride.

The platform is designed for booking seats for people. It is forbidden to reserve a place for the transportation of any object, package, animal traveling alone or for material items of any kind.

It is also forbidden to publish a Notice for a Driver other than you.

4.3. Evaluation system

4.3.1. Mode of operation

"Zer0" encourages you to leave a rating about a Driver (if you are a Passenger) or a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you had to share a Trip. However, you are not allowed to leave a rating about another Passenger, whether you were a Passenger, or another Member with whom you did not travel or with whom you were not supposed to travel.

Your evaluation and the evaluation left by another Member about you, if any, are visible and published on the Platform only after the shortest of the following periods: (i) immediately after you have both written an assessment or (ii) after a period of 14 days from the first evaluation.

You have the option to reply to an evaluation left by another Member on your profile. within 14 days of its receipt. Your assessment and response, where applicable, will be published on your profile.

4.3.2. Moderating

You agree and agree that "Zer0" reserves the right not to publish or delete any rating, question, comment and response if it believes that its content violates these T&C.

4.3.3. Limit

"Zer0" reserves the right to suspend your Account, limit your access to the Services, or terminate these T&C if (i) you have received at least three ratings and (ii) the average of the ratings you have received is less than or equal to 3.

5. Financial conditions

5.1. Contribution to costs

5.1.1. Journeys over distances greater than 60 km

In the case of trips over more than 60 Km, the contribution to costs is determined by you, as a Driver, on your own. responsibility. It is strictly forbidden to take advantage in any way of using our Platform. Accordingly, you agree to limit the Cost Contribution you require of your Passengers. to pay it at the level of the costs actually incurred by the realization of this Ride. Otherwise, you will be the only one to bear the risks of reinterpreting the transaction completed through the Platform.

When posting an Ad, Zer0 suggests a cost contribution value, which mostly takes into account the nature of the Trip and the distance traveled. This value is given simply as a recommendation and is up to you. increase or reduce it to consider the costs actually incurred by the Ride. To avoid abuse, Zer0 limits the possibility of adjusting the Contribution to costs.

5.1.2. Journeys over distances shorter than 60 Km

The driver undertakes not to require any payment, in whole or in part, for the carriage of passengers. Any deviation from this conditions, leads them to the blocking of access to the use of the Platform.

Access to Paltforma, creating an account, registering, offering a ride are free of charge, however, in order to be able to book a place, both in your own name and for a third person, the payment of a contribution is necessary.

The amount of this contribution is as follows:

·        Subscription valid for 1 month: 30 Lei

·        Subscription valid for 6 months: 160 lei

·        Subscription valid for 12 months: 300 lei

Regardless of the validity of the subscription, the passenger will benefit from the possibility of booking an unlimited number of trips during that period.

 

6. Cancellation

When the cancellation takes place before departure and due to the Passenger, the cancelled Seat(s) of the Passenger will automatically become available to the other Passengers who can book him/her online and they are subject, accordingly, to the conditions of these T&C.

7. Behavior of the Platform's users and Members

7.1. Obligations of all users of the Platform

You agree that you are solely responsible for complying with all applicable laws, regulations and obligations when using the Platform.

In addition, when using the Platform and during Rides, you undertake to:

·        (i) not to use the Platform for professional, commercial or profit-making purposes;

·        (ii) not to send false, misleading, malicious or fraudulent information to "Zer0" (in particular when creating or updating your Account) or any other Member;

·        (iii) not to speak or behave in any way, as well as not to post any content on the Platform of a defamatory, harmful, obscene, pornographic, vulgar, offensive, aggressive, improper, violent, threatening, harassing, racist or xenophobic nature on the Platform or with sexual connotations that incite violence, discrimination or hatred, encourage activities with or use of illegal substances, or,  more generally, contrary to the purposes of the Platform that could violate the rights of "Zer0" or of a third party or be contrary to morality;

·        (iv) not to infringe the rights and image of 'Zer0', in particular its intellectual property rights;

·        (v) not to open more than one Account on the Platform and not to open an Account on behalf of a third person;

·        (vi) not attempt to bypass the Platform's online booking system, in particular by attempting to pass on your details to another Member. contact to make a reservation outside the Platform;

·        (vii) not to contact any Member, in particular through the Platform, for any purpose other than that defined in the terms of the motor vehicle sharing;

·        (viii) comply with these T&C and privacy policy.

7.2. Obligations of Drivers

Also, when you use the Platform as a Driver, you undertake to:

·        (i) comply with all applicable laws, regulations and codes for driving and motor vehicle, in particular to have a valid third party insurance at the time of the Ride and to hold a valid driver's license;

·        (ii) verify that your insurance is not valid. cover the shared use of the vehicle and that your Passengers are considered third parties in your vehicle and are therefore covered by your insurance for the duration of the entire Journey, even in the event of crossing the border;

·        (iii) not to take any risk when driving, not to consume any product that could diminish your attention and ability to drive carefully and safely;

·        (iv) post Ads that match only the actually planned Trips;

·        (v) to carry out the Trip as described in the Announcement (especially with regard to the intention to travel on the motorway) and to observe the times and places agreed with the other Members (in particular the meeting place and the point of arrival);

·        (vi) not to take more Passengers than the number of Seats indicated in the Announcement;

·        (vii) to use a vehicle in good working order and which complies with the legal provisions in force and corresponds to the customs, and especially with an up-to-date roadworthiness certificate (Periodic Al Technical Inspection);

·        (viii) to present to "Zer0" or to any Passenger who so requests your permit. driving, the registration certificate of your car, the insurance policy, the roadworthiness certificate and any other document demonstrating your ability to do so. to use the vehicle as a Driver on the Platform;

·        (ix) inform your Passengers immediately in case of breakdown or  change of time or flight;

·        (x) in the case of a Journey involving the crossing of the border, to keep and make available to the Passenger and to any authority that may request it any document proving your identity. and your right. to cross the border;

·        (xi) wait for Passengers at the scheduled meeting place at least 15 minutes after the scheduled time;

·        (xii) not to post an Ad for a vehicle of which you are not the owner or which you are not authorized to use for sharing purposes;

·        (xiii) ensure that you can be contacted by your Passengers. by phone to the number recorded on your profile;

·        (xiv) not to make any profit through the Platform;

·        (xv) you do not have any contraindications or medical inability to drive;

·        (xvi) behave appropriately and responsibly during the trip and in accordance with the spirit of the vehicle sharing system;

·        (xvii) refuse any Reservations based on Ride, color, ethnicity, nationality, religion, sexual orientation, marital status, disability, physical appearance, pregnancy, particular vulnerability due to the economic situation, name, place of residence, health, political opinion, age.

7.3. Obligations of Passengers

When you use the Platform as a Passenger, you undertake to:

·        (i) adopt appropriate behavior during the journey in such a way as not to disturb the driver's concentration or driving or the peace and quiet of the other Passengers;

·        (ii) observe the Driver's vehicle and its cleanliness;

·        (iii) in the event of a delay, inform the Driver immediately;

·        (iv) wait for the Driver at the meeting place for at least 15 minutes after the scheduled time;

·        (v) present your card to the "Zer0" or the driver who requests it. identity or any document proving your identity;

·        (vi) you do not have during the Ride items, goods, substances or animals that could disturb the driver's driving and concentration or the nature, possession or transport of which is contrary to the legal provisions in force;

·        (vii) in the case of a Border Crossing Ride, keep and make available to the Driver and any authority that may request it any document proving your identity. and your right. to cross the border;

·        (viii) ensure that you can be contacted by the driver by phone at the number recorded on your profile, including at the meeting place, or any other agreed-upon means of communication.

·        (ix) pay the Driver the agreed cost contribution for trips exceeding 60 Km.

 

8. Account suspension, limitation of access and termination

You can finish your reports. contract with "Zer0" at any time, at no cost and without any reason. To do this, simply go to the "Close account" tab on the page with your profile.

In the event of (i) a breach by you. of these T&C, including but not limited to your Membership obligations under Articles 5 and 7 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if "Zer0" has serious reason to believe that it is necessary to protect its safety and integrity, as well as that of its Members or third parties,  or for the purpose of preventing fraud or for investigation purposes, "Zer0" reserves the right to:

·        (i) terminate the T&C linking you to "Zer0" immediately and without prior notice; and/or

·        (ii) prevent the posting or remove a rating, Announcement, message, content, Reservation request and any content posted by you. on the Platform; and/or

·        (iii) limit your access to and use of the Platform; and/or

·        (iv) suspend your Account temporarily or permanently.

When this is necessary, you will be notified of the establishment of such a measure in order to be able to give explanations to "Zer0". "Zer0" will decide, at its sole discretion, whether or not to lift the measures put into practice.

9. Personal data

In the context of your use of the Platform, "Zer0" will collect and process some of your personal data. Personal. By using the Platform and registering as a Member, you agree to and accept the processing of your personal data. personal by "Zer0" in accordance with applicable law and the provisions of the Privacy Policy.

10. Intellectual Property

10.1. Content published by "Zer0"

With the exception of the content provided by its Members, "Zer0" is the sole owner of the intellectual property rights in the Services, the Platform, its content (in particular texts, images, drawings, logos, films, sounds, data, graphics), as well as the software and databases that ensure its operation.

"Zer0" grants you a non-exclusive, personal and non-transferable right to use the Platform and Services for your own benefit. personal and private, on a non-commercial basis and in accordance with the purposes of the Platform and Services.

You are prohibited from any other use or exploitation of the Platform and Services, as well as its content without the prior written consent of "Zer0". In particular, the following shall be prohibited:

·        (i) the reproduction, modification, adaptation, distribution, public representation and dissemination of the Platform, Services and content, except for the express approval of "Zer0".

·        (ii) the reverse engineering of the Platform or Services, except for the exceptions stipulated by the texts in force;

·        (iii) extracting or attempting to extract (in particular using data exploitation robots or any such similar data collection tools) a substantial part of the Platform's data,

10.2. Content posted by you on the Platform

In order to enable the provision of the Services and in accordance with the purpose of the Platform, you grant "Zer0" a non-exclusive license to use the content and data you provide in the context of your use of the Services. (hereinafter referred to as "Member Content"). In order to allow "Zer0" to distribute over the digital network and in accordance with any communication protocol (in particular the Internet and mobile network) and to provide the Content of the Platform to the public, you will be able to provide the Content of the Platform to the public. authorize "Zer0", globally and throughout the duration of your reports. contractually with "Zer0", to reproduce, represent, adapt and translate the Membership Content as follows:

·        (i) you authorize "Zer0" to reproduce, in whole or in part, your Content; Membership on any digital medium by registration, known or as yet unknown, and in particular on any server, hard disk, memory card or any other equivalent medium, to the extent necessary for any storage, backup, transmission or download operation related to the operation of the Platform and the provision of the Service;

·        (ii) you authorize "Zer0" to adapt and translate your Content; by Member and reproduce such adaptations on any digital medium, actual or future, set out in point (i) above, for the purpose of providing the Services, in particular in different languages. This right includes in particular the option to make changes to the format of your Content. membership, respecting your rights. moral, in order to comply with the graphical diagram of the Platform and/or to make it technically compatible.

11. The role of "Zer0"

The platform is an online network where Members can create and post Trips Ads for the purpose of vehicle sharing. These Announcements can be seen, in particular, by other Members who search for the terms of the Trip and, if applicable, reserve a Seat directly  in that vehicle with the Member who posted the Ad on the Platform.

"Zer0" has no control over the behavior of its Members and users of the Platform. "Zer0" is not the owner of, does not operate, supply, or manage the vehicles that are the subject of the Ads and does not offer any Rides on the Platform.

You agree and agree that "Zer0" does not control the validity, veracity or legality of the Ads, Places or Rides offered. As an intermediary in the process of vehicle sharing, "Zer0" does not provide any transport services or act as a carrier; the role of "Zer0" is limited to facilitating access to the Platform.
Members (Drivers or Passengers) act on their own responsibility.

In its capacity as an intermediary, 'Zer0' cannot be held responsible for events relating to a journey and, in particular, to:

·        (i) incorrect information communicated by the Driver in his Notice or by any other means, in relation to the Trip and its terms;

·        (ii) cancellation or modification of a Ride of a Member;

·        (iii) the conduct of its Members during, before or after the Ride.

12. Operation, availability and functions of the Platform

"Zer0" tries, as much as possible, to keep the Platform accessible 7 days a week and 24 hours a day. However, access to the Platform may be temporarily suspended without prior notice due to technical maintenance, migration or update operations, or due to interruptions or constraints related to the operation of the network.

Also, "Zer0" reserves the right to modify or suspend, in part or in full, access to the Platform and its functions, at its sole discretion, temporarily or permanently.

13. Modification of T&C

These T&Cs and the documents integrated through references represent the entire agreement between you. and "Zer0" regarding the use of the Services. Any other document, especially any mention to the Platform (FAQ, etc.) has only the role of guidance.

"Whey" may modify these T&C in order to adapt to its technical and commercial environment and to comply with the legislation in force. Any changes to these T&C will be published on the Platform with the mention of the effective date, and you will be notified of "Zer0" before they take effect.

14. Governing Law – Disputes

These T&C's are in the Romanian language and are subject to Romanian law.

You may also, if necessary, submit your complaints about our Platform or Services on the dispute resolution platform, placed online by the European Commission, accessible here. The European Commission will forward your complaint. the competent national court. In accordance with the rules applicable to mediation, you are obliged, as before any request for mediation, to notify "Zer0" in writing of any dispute, in order to obtain an amicable solution.

15. Legal provisions

The platform is published by SC Auto Software Atlas SRL, a limited liability company, with a registered capital of 200 Lei, registered with the Trade Register Office under number J40/10256/2022 with its registered office in Str. Pitar Mos, nr 27, Sect 1, Bucharest represented by Mr. President, George Rizica Director responsible for publication on the site.

For any questions, you can contact SC Auto Software Atlas SRL using this contact form