General Terms and Conditions

  1. The business company SeekApp, s.r.o., with its registered seat at: Jána Milca 3775/52, 010 01 Žilina, Slovak Republic, company ID No.: 52 340 325, registered in the Commercial Register of the District Court Žilina, section: Sro, file No.: 72207/L (the „provider“) operates the website: seekapp.eu and the application SeekApp Transport (the „website“ and „application“) that serve to mediate transport services between the customer and the carrier of transport services.

 

  1. The provider issues these General Terms and Conditions (the „GTC“) with a view to regulate certain rights and obligations of the provider and third parties involved in provision and usage of transport services offered through the provider´s website and application.

 

  1. The GTC are binding for all registered users of the application promoted also through the website who use services of the application and who agree to be bound by the GTC by their free decision to accept the GTC. These GTC are based on the generally binding legal regulation valid in the Slovak Republic and legislation of the European Union.

 

  1. Usage of the application is also regulated by the Data Protection Policy published on the provider’s website.

 

  1. The customer of the transport services, i.e. the person demanding transport services (the „customer”) is any natural person – entrepreneur or a legal entity that orders transport services through the order form (the „order”) via the application or at the website. Necessary conditions for due order of services by the customer are: 1) registration into the application of the provider that is realized by the provider’s approval of the request for registration, and 2) binding acceptance of the GTC, which the customer makes electronically by ticking the „I accept the General Terms and Conditions“ box, based on which registered users become bound by the conditions stated herein in the full extent. Based on the registration the customer will have an account set that he will secure by his own access details. After logging on to this account, the customer may create and place orders as well as monitor his previous orders.

 

  1. The provider of the transport services (the „carrier”) is a natural person – entrepreneur or a legal entity providing transport services, logistic services, moving services and other supplementary services and offers these services by submitting binding price quotations as a reaction to customers’ orders created through the provider’s application or the website. The necessary condition for submission of binding price quotations by the carrier is the registration into the provider’s application that is carried out by the provider’s approval of the request for registration and binding acceptance of the GTC by electronic ticking of the „I accept the General Terms and Conditions“ box. For purposes of approving the registration, the provider has the right to request from the carrier, based on his request for registration, submission of documents needed for registration in the application for the purpose of offering services through the application. Following approval of the registration, the carrier will have an account created in the application to which he will be granted access rights. The provider has an exclusive right not to approve the registration of the carrier without stating any reason.

 

  1. Services mean all services offered through the application (the „services”), mainly the services of loading, unloading, transport, delivery, transfer and discharge of the goods as well as other supplementary services according to customer requirements, i.e. mainly the transport services, logistic services, moving services and other supplementary services agreed upon subsequently according to the customer’s needs.

 

  1. By accepting these GTC, the customer and the carrier as registered application users agree with receiving PUSH notifications on their mobile phones (in case of using the application of the provider) as well as with receiving e-mail notifications, which is necessary for due provision of services through the website and application, mainly notifications on existence of a new offer for the customer, on acceptance of the binding carrier’s offer by the customer, on location of the carrier’s driver and of the transported goods, etc.

 

  1. By accepting these GTC, the customer and the carrier as registered application users agree with monitoring of their location through the mobile device, on which the application is installed, and this only for the purpose of due provision of services through the website and application, mainly for monitoring movement of goods transported for the customer.

 

  1. By accepting these GTC, the provider as agent and the carrier as interested party conclude the agency agreement, based on which the provider shall perform an activity in order to enable the carrier to gain an opportunity to conclude a contract with a third person (the customer), and based on which the carrier as the interested party is obliged to pay to the provider agreed consideration (commission). The activity according to the previous sentence means the approval of the carrier’s registration and provision of services through the application for creation of opportunities to conclude contracts on transport with registered customers that the carrier may conclude with individual customers following logging on into the application. For the service of mediation according to the previous sentences the carrier is obliged to pay to the provider the monthly fixed fee in the amount of EUR 50 plus VAT that is the consideration for 10 mediated orders (opportunities for conclusion of 10 contracts on transport) per month, and for services above the stated extent the carrier is obliged to pay to the provider fees in the amount, through means and within the period as stated in provision 31. of these GTC.

 

  1. For provision of opportunities for conclusion of transport to the customer, the customer is obliged to pay to the provider the monthly fixed fee in the amount of EUR 20 plus VAT, that is the consideration for up to 10 mediated orders (opportunities for conclusion of 10 contracts on transport) per month, and for services above the stated extent the customer is obliged to pay to the provider the fee in the amount of EUR 2 for plus VAT for each additional order in the respective month. If, in any given month, the customer does not place all 10 orders that he has available in the monthly package covered by the monthly fixed fee, the unused orders shall be transferred to the next month, which is applicable also to all following months cumulatively, without any time limit (i.e. all purchased and unused opportunities to conclude the contract on transport (credits) are, without any time restrictions, transferred into the following month or months). The provider does not refund the customer’s unused opportunities to conclude the contract on transport at any time.

 

  1. The customer is obliged to pay the monthly fixed fee according to the previous provision of the GTC for the following month in advance on the day of registration into the application, and subsequently, the following months during his registration always on the same day in the month (if there is no such date in the month then on the last day of the month). The fee for receiving services through the provider’s application beyond the monthly fee in the amount of EUR 2 plus VAT for each additional order must be paid to the provider by the customer before the placement of each such additional order beyond the scope of the monthly package by purchasing additional credits. The monthly fixed fee and the fees for receiving services through the provider’s application beyond the monthly fixed fee pursuant to this provision of the GTC shall be paid by an automatic deduction of the corresponding amount from the customer’s bank account for the benefit of the provider as the beneficiary, to which the customer hereby consents.

 

  1. On the last day of the month at the latest, the customer will receive an invoice from the provider, together with a detailed breakdown and calculation of fees for individual services provided by the provider. None of the fees paid to the provider include bank fees charged in relation to the financial transactions. The provider and the customer shall each pay their own bank fees.

 

  1. For the purpose of developing and strengthening business relations the provider may offer a price discount to selected carriers or customers on the monthly fee and/or the fee for services beyond the monthly fee, based on the sole discretion of the provider.

 

  1. The provider shall ensure by technical means creation of the possibility for the customer and the carrier to conclude the contract on transport and through his application shall ensure without any undue delay mutual informing on circumstances significant for the decision-making regarding conclusion of the contract on transport between the customer and the carrier.

 

  1. For the purpose of due provision of services through the website and the application, by accepting these GTC, the customer as well as the carrier also agree with realization of payments exclusively via a payment gateway CardPay.

 

  1. By accepting these GTC, for the purpose of due provision of services through the website and the application and for security reasons, the customer as well as the carrier also agree and confirm that payments made for services provided through the website and the application shall be made by a credit or debit card with identification details identical to identification details stated in the extract from their respective Commercial Register, the extract from the Trade License Register or any other register where they are registered.

 

  1. The GTC are binding for registered users of the application who, in the interest of using content of the application are interested in establishing a legal relationship between the carrier providing transport services and the customer. The customer will order services by filling out the order form through the provider’s application or the website. Carriers who log on to their accounts in the application will see the orders created by customers, to which they can respond by submitting a binding price quotation based on the customer’s order for services that will be sent to the customer, potentially along with price quotations of other carriers. By confirming any of the binding price quotation by the customer, a contractual relationship is formed between the customer and the carrier, the content of which is provision of transport services, delivery of goods or provision of other related services (the „contract on transport” or „mediated contract“).

 

  1. Each carrier and the customer is obliged:
  2. not to infringe on rights of other application users and not to misuse provision of the services in any way;
  3. not to use the services to disseminate ideas contrary to good morals, infringing on public order or do any actions that constitute illegal conduct on their own or that incite others to such illegal conduct;
  4. to provide the provider with true, up-to-date and accurate information about themselves and immediately notify the provider of any changes of such information;
  5. not to use services in any way that would limit, breach or impose restrictions on the provision of services, e.g. transfer or spread viruses, harmful codes or any other content that can forbid, overload or restrict due functioning of services and servers of the provider;
  6. directly or indirectly interfere with services by using or misusing any automated software, robots, hacks, modes or any unauthorized software intended for modification of or interference with services;
  7. to observe and comply with security measures employed by the provider for usage of services, in particular not to try to breach, disrupt or circumvent any security measures, not to access or try to access other user accounts;
  8. use, provide or otherwise process any personal data of another user of services breaching the legal regulation;
  9. to keep the access data to the user account confidential, especially not to disclose it to any third parties and adopt and observe additional necessary measures preventing third parties from easily accessing the user access data;
  10. to change the access details (password) in case of finding out or suspecting that a third person abused their user account or knows their password, and to immediately change it and if necessary, notify this to the provider;
  11. not to impersonate another person, not to act on behalf of a third person without a proper authorization or misleadingly imply that they are an employee or agent of the provider;
  12. observe these GTC and all applicable generally binding legal regulation;
  13. to refrain from any action that could damage or endanger the goodwill and reputation of the provider;
  14. in case of breach of these GTC to hold harmless and indemnify in full extent the provider or other users against any claims (including claims for associated costs) brought against the provider as a result of such breach of these GTC.
  15. The carrier and the customer acknowledge and agree that the provider is not liable for any of their claims arising out of their contractual relationship. The provider undertakes to provide any necessary assistance for solving disputes with managing the order and any disputes between the parties to the contract on transport.

 

  1. The provider does not guarantee to customers any minimum number of offers of available vehicles from carriers further to their specific requests for transport services. In the same way, the provider does not guarantee to carriers any minimum number of acceptations of their offers by customers.

 

  1. The carrier and the customer also acknowledge and agree that the provider does not guarantee an uninterrupted functioning of the website and application and is not liable for any temporary outage caused by vis maior, cas fortuit or circumstances ruling out liability pursuant to the Act No. 513/1991 Coll. the Commercial Code as amended.

 

  1. The order means an order for services placed by the customer through the provider’s application or the website. The customer is exclusively liable for the correctness of the order. The website provider is not liable for due creation and placement of the order. The customer is fully aware of the consequences arising out of creating and placing the order.

 

  1. The carrier may change the binding price quotation only until the moment of its acceptance by the customer.

 

  1. If the carrier cancels the contract on transport with the customer in a period shorter than 48 hours before the time of delivery (the time of arrival of the transported goods or persons), he is obliged to incur costs for processing this order by another carrier registered in the application in the amount equaling to the difference in the price according to his original price quotation and the real costs for processing the order.

 

  1. Communication between the carrier and the customer regarding the order through the application is ensured by the provider, and this only in the extent of ensuring exchange of contacts between the customer and the provider. Following the exchange of contacts, the customer and carrier communicate together according to their own needs and at their own discretion, and the provider is not liable for any of the content of their mutual communication nor their performance, or non-performance, of the contract on transport.

 

  1. The customer is obliged to thoroughly scrutinize the state of the delivered goods, or movable assets that were moved without any undue delay upon their delivery and for this purpose the carrier is obliged to allow the customer sufficient time.

 

  1. Due completion of the order must be confirmed by the customer and the carrier on the automatically generated order form obtained through the application. Any damage caused on the transported items must be stated by the customer in the form in the section on damages. Based on such record, the customer is authorized to claim the damages at the carrier and he must do so without any undue delay.

 

  1. Each customer and carrier is obliged to observe all applicable legal regulation applicable to services offered through the application and/or the website and/or provided based on the contract on transport. The provider is not liable by any means for observance of applicable laws regarding services offered through the application and/or website or provided based on the contract for transport. No customer or carrier acts on behalf or to the account of the provider.

 

  1. If the customer and/or the carrier has the statutory obligation to pay taxes, fees, levies and/or other payments according to the valid legal regulation as a result of offering or providing services through the application and/or the website or based on the contract for transport, these must be borne in the full extent exclusively by the customer or the carrier and the provider is not liable in any way for their payment.

 

  1. Fees. For provision of opportunities for conclusion of transport to the carrier, the carrier is obliged to pay to the provider the monthly fixed fee in the amount of EUR 50 plus VAT, which is the consideration for up to 10 mediated orders (opportunities for conclusion of 10 contracts on transport) per month, and for services above the stated extent the carrier is obliged to pay to the provider the fee in the amount of EUR 5 plus VAT for each additional mediated order. If, in any given month, the carrier does not use all 10 opportunities for conclusion of contracts on transport, that he has available within the monthly fixed fee, the number of unused opportunities for conclusion of contracts on transport will be transferred to the next month, which applies also to the following months cumulatively, without any time restriction (i.e. all purchased and unused opportunities for conclusion of contracts on transport (credits) are without any time restrictions transferred into the following month or months). The provider does not refund the carrier’s unused opportunities to conclude the contract on transport at any time.

 

  1. The carrier is obliged to pay the monthly fixed fee according to the previous provision of the GTC for the following month in advance on the day of registration into the application, and subsequently, the following months during his registration always on the same day in the month (if there is no such date in the month then on the last day of the month). The carrier must pay to the provider the fee for receiving services through the provider’s application beyond the monthly fee in the amount of EUR 5 plus VAT for each additional order before the placement of each such additional order beyond the scope of the monthly package by purchasing additional credits. The monthly fixed fee and the fees for receiving services through the provider’s application beyond the monthly fixed fee pursuant to this provision of the GTC shall be paid by an automatic deduction of the corresponding amount from the carrier’s bank account to the benefit of the provider as the beneficiary, to which the carrier hereby consents.

 

  1. On the last day of the month at the latest, the carrier will receive an invoice from the provider, together with a detailed breakdown and calculation of fees for individual services provided by the provider. None of the fees paid to the provider include bank fees charged in relation to the financial transactions. The provider and the carrier shall each pay their own bank fees.

 

  1. The provider is by no means liable in any way to the carrier for due and timely payment of the price for the ordered services by the customer. In case of the carrier’s interest, however, the provider enables to the carrier to use legal services in relation to enforcement of the unpaid carrier’s receivables against the customer and the eventual representation in court, or in relation to another dispute between the carrier and the customer, if the carrier and the customer did not agree by a separate agreement on governing law other than the law of the Slovak Republic and also jurisdiction of courts of a country other than the Slovak Republic. The carrier may notify his interest in provision of legal services according to the previous sentence by notifying the provider through the application or the website; upon receipt of such notification, the legal department of the provider shall confirm the receipt and subsequently shall initiate steps to establish legal representation and start preparation in the given matter. The price for the legal representation pursuant to this provision of the GTC is not included in the monthly fee pursuant to provision 31. of the GTC and shall be determined according to the Regulation of the Ministry of Justice of the Slovak Republic No. 655/2004 Coll. on remuneration and compensations for attorneys-at-law for provision of legal services (the „Attorney Fees Regulation“), reduced by 10 per cent (i.e. the price for legal services shall be charged pursuant to the Attorney Fees Regulation minus 10 per cent from the price stated according to the Attorney Fees Regulation).

 

  1. The carrier undertakes to proceed with due care when fulfilling the contract on transport and providing ordered services, pursuant to all respective technical norms and generally binding legal services of the Slovak Republic and the EU legislation.

 

  1. The provider is by no means liable in any way to the customer for due and timely provision of services by the carrier to the customer. In case of the customer’s interest, however, the provider enables to the customer to use legal services in relation to resolving his dispute with the carrier and the eventual representation in court, if the carrier and the customer did not agree by a separate agreement on governing law other than the law of the Slovak Republic and also jurisdiction of courts of a country other than the Slovak Republic. The customer may notify his interest in provision of legal services according to the previous sentence by notifying the provider through the application or the website; upon receipt of such notification, the legal department of the provider shall confirm the receipt of such request and subsequently shall initiate steps to establish legal representation and start preparation in the given matter. The price for the legal representation pursuant to this provision of the GTC is not included in the monthly fee pursuant to provision 11. of the GTC and shall be determined according to the Attorney Fees Regulation reduced by 10 per cent (i.e. the price for legal services shall be charged pursuant to the Attorney Fees Regulation minus 10 per cent from the price stated according to the Attorney Fees Regulation).

 

  1. The provider may demand from the carrier submission of documentation (all relevant authorizations, licenses, approvals, registrations, etc.) or other proofs in order to assess whether the carrier provides services in accordance with generally binding legal regulation. The provider is not liable for possessions that are lost, missing or found in the carriers’ vehicles, nor is liable for damages resulting from or caused by possessions of customers. The offer and provision of services through the application and/or the website must not include illegal transport, transport of illegal goods and/or illegal materials; in such case the entire liability is borne exclusively by the customer and the carrier who participated on such illegal transport or otherwise contributed to it.

 

  1. The carrier is fully liable for the damages that arise directly or indirectly in relation with his actions contrary to these GTC or generally binding legal regulations and EU legislation.

 

  1. Each customer and the carrier hereby confirm that their opportunity and ability to gain, offer and/or provide services through the application and/or the website or based on the contract for transport does not make the provider a party providing the very services, neither the carrier.

 

  1. The provider has an exclusive right to block in the application, or suspend the profile of a carrier who revoked the binding price quotation at least twice after the customer’s acceptance or who breached the GTC, generally binding legal regulation of the Slovak Republic and regulation of the EU by his actions, unless the parties agreed otherwise. Such carrier may be re-registered by the provider and allowed to use the application based on the sole discretion of the provider and for the fee amounting to EUR 500 excl. VAT. The blocking or suspension of such carrier’s profile may also be permanent.

 

  1. The customer hereby declares and confirms that he has the full capacity to perform legal acts in full extent. The customer must not allow his account to be used by any third person; in case of breaching the stated obligation, he is fully liable for the damage caused to the provider and other third persons (e.g. the carrier).

 

  1. The provider has the right to verify the customer directly by requesting handing over necessary documents or verify the customer in available information sources. If the provider finds out during the verification of the customer or during provision of services that the registration is unauthorized (e.g. the natural person is fictitious or non-existent or the customer is acting under a false name), in such case the provider may forbid provision of services and cancel the customer’s registration in the application. The provider may delete the customer’s registration if the customer breaches the GTC, order or the contract on transport or good morals, and if he can, mainly as evident from the negative references from other users of the provider’s application, damage good reputation of the provider based on the provider’s justified opinion or if the customer can decrease or endanger the level of quality of the provided services.

 

  1. The customer may ask for cancellation of his registration at any time by sending an e-mail to the provider with expression of his free will to cancel his registration. Cancellation of the registration upon the customer’s request has no impact on the fulfilment of the obligations arising out of contracts on transport already concluded.

 

  1. The customer has the exclusive right of access to the ordered services. The access to ordered services is protected by a unique login name and password of the customer. The provider is not liable for any misuse of the order by an unauthorized person and any subsequent damages and potential claims of third persons brought as a result of such misuse.

 

  1. It is not possible to cancel or otherwise revoke the order or contract on transport or provision of services, if services had already been already provided, even partially, based on such a contract. The customer may cancel his order also after receipt of the notification informing him that the carrier’s driver had already started with provision of services for the customer; nevertheless, the right of the provider for the monthly fixed fee and fees for orders beyond the monthly package as well as the right of the carrier for payment of the transport services remain unaffected by the customer’s cancellation of the order.

 

  1. The customer agrees that if any claims are raised against the provider for the reasons of breaching any rights of third persons in relation to rights and obligations governed in these GTC, the customer undertakes to settle these claims and indemnify the provider in the full extent.

 

  1. The provider does not guarantee to the carrier conclusion of a contractual relationship with the customer. In the same way, the provider does not guarantee to the customer conclusion of the contractual relationship with a specific carrier, or with users of the application registered in the position of carriers providing transport services.

 

  1. The provider is not liable for correctness and completeness of the information available through the application, if he does not prove existence of circumstances ruling out his liability, for example verification of authorized registration of website users before the registration.

 

  1. The provider is not liable in any way for the lost profit that the users of the application may incur as a result of using the application.

 

  1. The content of the application (databases, imagery, photographs, animations, sound recordings, videos, texts) is in the ownership of the provider or third persons who are the provider’s suppliers, and is protected by the legal regulation of the Slovak Republic and international treaties governing author’s rights and other legal regulation and international treaties regulating intellectual property. The provider grants a limited license to registered users for usage of the content of the website and the application for the stated purpose. Any unauthorized breach of the provider’s copyright or its misuse has criminal consequences. The database of the provider is an author’s work and its misuse has criminal consequences.

 

  1. All relations to which the provider is a party, not governed by these GTC or a contract between the provider and third parties are regulated by the Act No. 513/1991 Coll. the Commercial Code as amended, the Act No. 40/1964 Coll. the Civil Code as amended, the Act No. 185/2015 Coll. the Copyright Act as amended and other applicable generally binding legal regulation of the Slovak Republic, and this holds true also in case when the legal relationship established by the GTC contains an international element.

 

  1. Unless the customer and carrier explicitly agree otherwise with regards to the governing law, all relations arising out of or in connection with the contract on transport are governed by the laws of the Slovak Republic, and this holds true also in case when the legal relationship established by the contract on transport contains an international element.

 

  1. Any disputes among the parties arising out of or in relation to GTC, if one party is the provider, must be primarily settled by the parties by an out-of-court settlement and in good faith. If the parties fail to settle the dispute by an out-of-court settlement, the parties to the dispute agree that the dispute shall be heard and decided by the courts of the Slovak Republic that have the exclusive jurisdiction.

 

  1. Any disputes among the parties arising out of or in relation to the contract on transport shall be resolved by the customer and the carrier primarily by an out-of-court settlement in good faith. If the parties fail to settle the dispute by an out-of-court settlement, and the customer and the carrier did not expressly agree on jurisdiction of relevant courts, the parties to the dispute agree that the dispute shall be heard and decided by the courts of the Slovak Republic that have the exclusive jurisdiction.

 

  1. If any of the provisions of these GTC or of contract on transport becomes invalid or unenforceable, validity of other provisions of the GTC or contract on transport remains unaffected. Instead of the invalid or unenforceable provision, provisions of generally binding legal regulations of the Slovak Republic that govern the mutual relationship of the contractual parties shall apply. The parties agreed that in the event of occurrence of the situation described in the preceding sentence, the provider shall replace the invalid or unenforceable provision by a provision that applies best to the intended purpose that will preserve the context and the entire legal and commercial purpose of the invalid or unenforceable provision in question as well as to the GTC or the contract.

 

  1. Any rights and obligations or claims that arise in relation to this GTC or contract on transport can be assigned only with a prior written consent of the provider; this does not apply to the provider.

 

  1. The provider publishes the up-to-date version of the GTC on his website. The GTC are executed in Slovak language and other language versions. In case of any language discrepancies between the different language versions of the GTC, the Slovak version shall prevail and be binding.

 

  1. The GTC are applicable also after termination of the legal relationship between the provider and third parties; this applies until the complete settlement of their relationships.

 

  1. The provider is authorized to amend the GTC unilaterally, from time to time, e.g. on the grounds of changes of applicable legislation, improvement or other changes of the services.

 

  1. The GTC become valid and effective on the day of their publication.