CONTENTS:

IV – HOW TO USE THE SERVICE

V – ENTRY AND MODIFICATION OF DATA IN THE SERVICE

VI – PRICES OF SERVICES AND PAYMENTS

VII – PERSONAL DATA PROTECTION

VIII – COMPLAINTS

IX – COPYRIGHT

X – USAGE GUIDELINES AND ABUSE AVOIDANCE

XI – LIMITATION OF LIABILITY

XII – SUB APPLICATION

XIII – RESOLUTION OF COMPLAINTS

XIV – JURISDICTION AND SETTLEMENT OF DISPUTES

XV – TRANSITIONAL AND FINAL PROVISIONS

I – GENERAL PROVISIONS

Article 1

These Terms of Use shall regulate:

the rights and obligations related to the use of the VOZZi service (hereinafter: the Service) which is located on the Internet addresses as follows: https://www.vozzi.app, Google Play Store, Apple App Store, and Huawei AppGallery, whether it is accessed via the Internet or application for mobile devices;
the terms regarding the use of road assistance package services, that is, which services are the result of using the VOZZi service.

The Service represents the information technology services provided by the Company VOZZi Operations BV, Weerdestein 97, 1083GG Amsterdam, The Netherlands, VAT: NL861944574B01, COC: 81128967 (hereinafter: the Company).

Road assistance package services are provided to users by service providers who have concluded contracts with the Company, which users are defined in Article 8 hereof (hereinafter: the Professionals).

Road assistance package services are defined as primary services and as secondary services:

Primary services: Road assistance or towing to the nearest service point and on-site repair;
Secondary services: Continuation of travel, Hotel accommodation, Rent-a-Car, Repatriation (return of the vehicle to the desired address in case of major vehicle failure or traffic accident), Repair of vehicles at a service point (this repair service is limited by the repair amount covered by the purchased VOZZi package);

NOTE: If the repatriation service of the vehicle is used as a secondary service, the right to use other primary and secondary services ceases and the package is considered used. Applies to services used outside the borders of the user’s country of residence/registration, that is, the country where the user bought the road assistance package.

The Service, as the IT company service, in terms of using the road assistance package, represents the platform through which it is necessary to request/apply for the road assistance package services, while the services refer to the specific service/activity taken to provide road assistance.

In practice, the user may obtain the road assistance package service solely through the Service (Article 28 of the Terms of Use).

In connection with the previous paragraph of this Article, the Service is intended to mediate in the provision of road assistance services in the way that it connects the users who require services with the Professionals who provide the services (as described in greater detail in Articles 25 to 40 hereof).

Article 2

These Terms of Use form an integral part of the Service and hence represent an integral part of the contract concluded by and between the Company and each Service User (hereinafter: the User).

The Company enables the use of the Service exclusively in the manner and under the conditions defined in the Terms of Use.

The Company provides solely and exclusively the IT services, whereas the road assistance package services are not provided directly by the Company but by the Professionals outlined in Article 1, paragraph 3 and Article 7, paragraph 1, item 3 hereof. The Service itself is not the substitute for a professional service, nor does the Company provide any other services except for the IT services set out in the Terms of Use.

Article 3

By accessing and using the Company’s Service, users agree to the Terms of Use and thus upon accession conclude the contract with the Company as the IT services provider.

These Terms of Use shall apply to each access to the Service.

Article 4

The Company is committed to the preservation and enforcement of personal and private data protection, as well as copyrights, all under the IT profession rules, good business practices, and applicable relevant regulations.

Article 5

The Company does not in any way affect the content which is posted by users on the Service or which is created by aggregating publicly available data, nor does it guarantee the accuracy or usability of information presented through the available content. The sole responsibility for the content is borne by the third persons who have posted the content or from whom the content is downloaded.

The Company is entitled, but not obliged, to remove any content from the Service at any time, without the obligation to give any previous or subsequent notification or explanation.

Article 6

The user of the road assistance package service may obtain the service only via mobile application/Service.

If there is no response by a partner-Professional to the User’s request, the User may contact the call center on following telephone numbers:

+381114019919 for Serbia, North Macedonia and Montenegro;
+38751981495 for Bosnia and Herzegovina;
+31208004920 for Slovenia;
*9919 for Bulgaria and Romania.

This option is displayed automatically on the application’s road assistance page if no partner has responded via the search function on the Service.

II – DEFINITION OF TERMS

Article 7

The terms used in these Terms of Use have the following meanings:

Service User – a natural person with a permanent or temporary residence on the territory of a particular country (e.g., the Netherlands) or legal entity with a seat on the territory of a particular country (e.g., the Netherlands) which has purchased the road assistance package. An individual user can only have one active road assistance package. A user who is a legal entity can have one active package per defined user (email and mobile phone number) or vehicle (chassis number).

Service – the Service specified in Article 1 hereof is intended for mediation in providing auto-mechanical services and vehicle removal services, by way of connecting the users in need of services with professionals rendering these services who are registered with competent institutions for performing the said activities.

Professional – provider of road assistance services in the respective country with whom the Company has contracted cooperation. Because of these Terms of Use the title Professional does not mean any title, acquired knowledge, or educational background, but only the person who is professionally engaged in any of the road assistance activities. The Professionals have a legal responsibility for possible non-conformity of goods or services they provide to the User.

Vehicle – the vehicle, that the road assistance package can be used for, is a passenger vehicle and/or a light truck with up to 7 seats, registered in the respective country, with a total weight of up to 3.5 tons, up to 5.5 meters in total length and 2 meters in height, and that the User has the right to drive.

All transport vehicles, trucks, public transport vehicles, special vehicles, work machines and towing vehicles (all types of trailers over 750 kg), as well as all vans are excluded from the possibility of using road assistance services within the active packages. Trailers up to 750 kg are covered by the active package, trailers of larger dimensions can be transported by an additional surcharge in accordance with the valid VOZZi price list.

The user’s vehicle must be registered, may not have test or temporary plates, and must be insured in accordance with applicable legislation prior to package purchase.

Malfunction – means the event when, during the validity period of the package, the starting of the vehicle is not possible due to a mechanical or electrical malfunction, also including a faulty battery, punctured/flat tire, fire, flood, theft, vandalism, or any other fault caused by the driver.

Professional’s Field Inspection – if the User has reported a malfunction, the Company will assign the closest Professional automatically through the system. After the Professional’s confirmation, which is shown on the User’s mobile phone, and the confirmation by the User, the Professional is forwarded the contact phone number, GPS location, and distance of the User. The User then receives feedback on the Professional’s distance, anticipated time of arrival, and tracking of the Professional via a map.

Traffic accident – an accident which occurred on the road or started on the road, involving at least one moving vehicle and at least one person killed or injured, or resulting in material damage.

Minor repairs on the spot – implies only minor repairs, for example in the event of a flat tire or when jump-starting the battery, refueling, or when minor electric malfunction diagnostics are needed. Thetotal mileage is calculated from the location of the nearest Professional to the location where the service is requested. The Service automatically monitors the partner for the sake of transparency of the entire service. If the user does not have an active package, the User will be charged for each additional service of the Professional, and after a successful payment, the user will receive a bill in digital format on the registered e-mail address.

Vehicle repatriation – If it is not possible to repair the vehicle in the Professional’s service point, the User has the option to request the transport of the defective vehicle to the address in the home country or to the desired service point, provided that the desired service point is closer to his location (at the time of the defect occurring) than the place of residence. The desired service point must also be located in the country where the road assistance service package was purchased.

Blocking of the User’s Account – if the registered User with the active road assistance package uses the Services as needed and reports the malfunction and/or towing, and after the Professional’s confirmation the User cancels the chosen service, the Company reserves the right to block the user account for 48 hours. In such a case the service/services from the active package is/are considered used.

Towing service – if the service user has reported the need for towing service, the Service will automatically assign the nearest Professional. After the Professional’s confirmation which is displayed on the User’s mobile phone, and after the confirmation by the User of the service, the contact phone number, GPS location, and distance of the User are forwarded to the Professional. The User then receives feedback on the Professional’s distance, expected time of arrival, and tracking of the Professional via a map. Thetotal mileage is calculated from the location of the Professional to the location where the User requested the towing service, and to the location of the nearest vehicle diagnostics service center, where the service is provided. The Service automatically calculates each kilometer outside of the mileage approved in the road assistance package according to the valid price list and the service user shall bear the additional mileage costs after they have been rendered, but no later than two weeks after the fact. Failure to do so will result in the user’s active package suspended until the outstand costs have settled. If the user does not have an active package, for each additional service of the Professional, and after the user’s payment, the bill will be delivered in digital format to the User’s registered e-mail address.

Toll costs – mean the potential costs of passing through tunnels, using ferries, tolls, and similar costs incurred when towing service is provided. Toll costs are covered by the subscription for the road assistance package, except in the case of passing through the private sections of the highway.

III – ROAD ASSISTANCE SERVICES

Activation period, validity and duration of the package

Article 8

It is possible to begin using the selected road assistance package after the following requirements are met:

Package activation period is 72 hours, more accurately, 72 hours must pass from the moment of package activation in order to be eligible to use the package services – package services from the road assistance package can only be used if the road assistance package is active after the aforementioned time period;
When supplementing/upgrading the existing road assistance package, 72 hours must pass from the moment of new package activation in order to be eligible to use the package services;
Supplementing/upgrading of a partially used existing package is not possible;
A road assistance package must be activated on the territory of the country where the user resides, and if the activation was performed outside of the User’s country of residence, the road assistance package is considered inactive.

The duration of the road assistance package, i.e., the time period in which it can be used after activation is 12 months. During the specified period, it is possible to perform the following number of service requests:

a single request for service means a request for a service within a road assistance package, no matter who submits the request;
a tire change/servicer field inspection is equal to a single request for service, even if more than one tire is changed during a single service request.

Manner of providing services

Article 9

The User accesses the Service and uses the Service in the manner described in Articles 25 to 40 of these Terms of Use.

Requests for service within 24 hours after the failure may be partially or completely rejected.

Liability and limitation of the Company’s liability

Article 10

The Company guarantees rendering services contained in the road assistance packages realized through a partner network on the territory of the respective country, namely Europe as a geographical concept, in line with the contracts concluded with partners – Professionals.

The company does not guarantee that repairs in any garage/service station will be during business hours, or that repairs may begin immediately. Whether the service/garage will undertake the type of repairs required, the Company cannot guarantee.

The company cannot take responsibility for repairs in any service/garage, because the contract for such repairs is concluded between the User and the service/garage, except in the case of coverage according to the purchased package up to the limit defined by the package. If the repair costs exceed the specified limit, the user is obliged to pay the difference to the total repair price.

Conditions for using the services

Article 11

Conditions that must be met in order to use the services from the package:

The selected package must be paid and active;
Services must be requested within the existing Service in accordance with the active package selected by the User;
The user must be a resident of the country in which the package was purchased during the purchase and activation of the package;
The vehicle for which the roadside assistance service is provided must be registered and in an appropriate condition for participation in traffic.

Passengers, personal belongings, and animals

Article 12

The vehicle must not carry more passengers than stated in the vehicle registration document. Each passenger must have a separate fixed seat, installed according to the manufacturer’s specifications, and each child must have a properly fitted child seat.

Every person under the age of 18 must be accompanied by a qualified driver over the age of 25.

Personal belongings

The user is always responsible for taking care of his personal belongings, luggage, goods within the vehicle or on the vehicle. The company assumes no responsibility for any loss or damage to them.

Transport of animals

The transport of animals is not allowed in the vehicles of professionals, except in individual cases when the Professional provides the transport of animals. Any animal may remain in the User’s vehicle at the risk of the User. The company does not take responsibility for animal injuries or damage caused by malfunction. Livestock cannot be transported. Animal-related costs cannot be reimbursed.

When the service cannot be provided

Article 13

If the user is not present at the intervention site, the service cannot be provided, except in case of a severe traffic accident when the User is hospitalized or detained by the competent authorities.

If during the reporting of malfunction or traffic accident the Company’s call center operator suspects that the User is under the influence of alcohol or drugs, the Company has a discretionary right to withhold from rendering the service to the User.

If the User intentionally abuses the Service and cancels the services he has chosen, the service cannot be deactivated from the active package of the user.

Inability to provide services and discontinuation of services

Article 14

In particularly difficult objective situations, such as civil unrest, war, armed conflicts without an official declaration of war, extreme weather conditions, carrying out road assistance services may be discontinued.

Organization of benefits from the service packages

Article 15

If the Company arranges for a taxi (ride), transportation, accommodation, or similar benefits within the road assistance package, it is a rule to look for the option which is the most appropriate and favorable at the given moment. The Company is not liable for the quality of services in every hotel or reserved taxi vehicle. The Company can neither be liable for every vehicle status check or quality of services delivered by every service provider.

Additional expenses

Article 16

Additional expenses that may arise during towing service (such as additional insurance, passing through a tunnel, ferry transport, etc.) are borne by the User, and covering these expenses is not included in the road assistance package, unless stated otherwise.

Tolls are covered by the road assistance package.

The use of special equipment when towing a vehicle (special mobile crane for towing a vehicle) or hiring an additional party in the event of an accident represents additional costs, are not included in the road assistance package and are charged extra.

Additional services

Article 17

The Company can mediate in providing additional services that are not included in the package, such as organizing delivery when the User:

1. buys the needed spare parts;

2. extends residence time, or

3. buys glass for vehicle repair.

All additional services are paid in advance, upon mutual agreement.

Caravans and trailers

Article 18

Servicing caravans and trailers over 750kg carrying capacity is not included in the road assistance package, also if they are separately parked or defective.

If the User tows a caravan or a trailer, providing that it has additionally been requested in writing, the User will be notified subsequently about the additional costs he/she must bear and pay extra.

The company will provide services that are available in accordance with the policy in relation to the caravan or trailer.

The Company cannot arrange for the replacement caravan or trailer, or drive vehicles with tow bars, therefore the User must leave the caravan or trailer with the vehicle while it is being repaired.

If it is possible to organize the transportation of the caravan or trailer together with the vehicle, the costs of the additional transportation shall be borne by the User. If this is not possible the Company cannot guarantee additional transportation of the caravan or trailer.

The caravan or trailer storage costs are in no case covered by the Company.

Vehicle repatriation

Article 19

If it is not possible to repair a vehicle in the Professional`s workshop, the User may request the transportation of the defective vehicle back to the address in the home country (i.e. the User has the right to repatriate vehicle to the country where the road assistance package was bought), under the following conditions:

the estimated value of repair and vehicle transportation does not exceed the estimated value of the vehicle based on the average market price in the Netherlands calculated as the average of at least 2 different offerings for a vehicle of the same brand, model, year of production as well as close as possible match to the engine, equipment level and kilometers driven;
in the opinion of the Professional, no total loss occurred.

In case the conditions described in paragraph 1 of this Article are fulfilled and the User opts for vehicle repatriation, the procedure is as follows:

the Operational center needs to be contacted to organize this service;
the vehicle is to be left with the Professional;
in connection with the previous item, the User is required to give all the documentation about the vehicle to the Professional (including vehicle owner`s authorization for the Professional, if the vehicle owner does not go with the vehicle, as well as vehicle owner`s passport copy), and also hand over the vehicle keys;
it is necessary to empty the vehicle of personal belongings.

The service provider (Professional) is not responsible for personal belongings in case the User leaves them in the vehicle contrary to item 4, paragraph 2 of this Article. In addition, it is forbidden to transport passengers in the vehicle which is transported in this manner.

The maximum due date for vehicle repatriation is 7 (seven) working days from the day when repatriation was requested.

Restrictions on the use of packages

Article 20

Package coverage is subject to certain limitations:

1. Maximum number of service requests that the User may use depends on the selected road assistance package, according to the available schedule;

2. Each package is limited to the maximum number of services that can be performed during the package validity period;

3. The Package includes an indefinite number of travels during the road assistance package validity period, however, each travel period is limited to a maximum of 90 days;

4. Each request which is made by the User and canceled after the Professional’s arrival shall be deemed finalized and the service provided because the Company is under obligation to pay for each Professional’s field inspection, with or without continuation of the service. The Company reserves the right to consider the ordered and not used service as used.

Services not covered by the packages

Article 21

Road assistance packages do not encompass:

1. Irreparable vehicle glass/tire replacement

2. Air-conditioner repair or replacement

3. Routine servicing and maintenance of vehicles;

4. Vehicle storage fees unless included in the user package;

5. Storage and safekeeping of caravans and trailers;

6. Replacement/spare wheel unless the User has a service spare wheel provided by the manufacturer;

7. Any fees for utilizing the User’s vehicle for business, commercial travel, rental or similar purposes, unless the User is a business entity, in which case the packages does not cover any fees for utilizing the User’s vehicle for private use;

8. Rental of minibuses, caravans or trailers, motorcycles, or vans;

9. Repair of defects caused by activities that are not subject to road rules, for example, rallies, car races, use of racetracks, or other formal or informal races;

10. Repair of damages due to vehicle maximum weight overload under the laws of any country in which the vehicle is driven;

11. Any fees for the User’s vehicle, if it is not legally taxed, insured, and provided with a valid registration sticker prescribed by law or if not used under the manufacturer’s instructions;

Costs not covered by the packages

Article 22

The road assistance packages do not cover the following expenses:

1. Use of the special equipment on the extraction of vehicles off-road, in inaccessible places such as canyons, bays, and the like;

2. Spare tires and wheels, additional repairs, or purchase of new ones;

3. Keys lost or stolen. The User package covers only the organization, as well as the Professional’s field inspection and servicing;

4. Servicing the vehicle which is off-road and not drivable. If it is taken into account, acting reasonably, that the condition of the vehicle is such that it makes it impossible to provide service or that the Professional’s safety is endangered, the Company may refuse to provide service. The services will be provided if the User can give evidence that the vehicle is on the road;

5. Deteriorations or collisions in road traffic caused by oil or water squeezing, damage made by frost, rust, or corrosion;

6. Any request which is or can be made under the influence of alcohol or drugs;

Prerequisites for the use of road assistance packages

Article 23

The following conditions apply to all package segments and if the User does not comply with them, the Company may refuse the coverage and/or cancel the user package:

1. In the event of a fault caused by a faulty component and/or part by the manufacturer, the user must switch off the car, so that, for example, an air conditioning fault does not in itself constitute a fault, and a warning light does not always constitute a fault that impacts the drivability of the vehicle;

2. If the User has requested services from the Service to avoid the vehicle repair costs, the Company may not be able to cover such costs;

3. If the vehicle is loaded over the limit given in the registration document, the Company can organize an additional service using a service truck of higher tonnage, but the additional costs will be borne by the User;

4. When providing services consistent with all the packages, the vehicle legal and road condition is not confirmed, and therefore remains the responsibility of the User;

5. The Company takes no responsibility for any losses incurred during service provision, and which are not explicitly covered by a selected package as losses the Company is liable for. For example, the Company is not responsible for lost profit;

6. The packages do not cover additional requests for vehicle repair which are not essential for travel continuation;

Article 24

A road assistance package DOES NOT include:

compensation for damages or losses caused, directly or indirectly, by war, warlike circumstances, official decrees, or theft;
compensation for damage or loss costs in addition to the ones mentioned in the previous item;
compensation or any other legal liability if directly or indirectly caused by radiation, radioactive or toxic contamination;
compensation for loss, destruction, or damage caused by shock waves of airplanes or other aircraft;
compensation for damages incurred at car races, rallies, speed or durability tests or activities in connection with any training and preparations;
compensation for damages or injuries caused intentionally by the User or caused by the User’s participation in criminal activities, namely caused by deliberate violation of or non-compliance with the laws and other regulations of the country where the User is on the road.

If the User organizes any of the road assistance package services without the approval given by the Company, such service cannot be completed.

IV – HOW TO USE THE SERVICE

Article 25

The Service, as in the IT Company’s service, is intended as:

1. Mediation in the provision and payment of professional auto-mechanical and vehicle removal services, as well as other services from the package – for the Users who have an active road assistance package;

2. Mediation in the provision of professional auto-mechanical and vehicle removal services – for the users who do not have any of the road assistance packages offered by the Company.

The Service performs the mediation referred to in paragraph 1 of this Article by connecting the users who need the service with the service providers via a mobile application and enables their communication in the manner and under the conditions contained in these Terms of Use.

Article 26

The Service contains data on business entities that are predominantly engaged in activities in the field of auto servicing, auto-mechanical services, vehicle removal services (towing services) provided by the business entities. The Company may aggregate data on business entities from publicly available sources, namely the sources which have been publicly disclosed by any of the official state institutions or disclosed by the business entity about itself.

Article 27

The content that the Users post via the Service regardless of the content form (text, audio, video, and so on) must be accurate and correct. The User who has entered the data is solely responsible for the accuracy and correctness of the entered data. The accuracy of the entries implies that they come from a competent source and/or personal experience of the User. Correctness means grammatical, spelling, and factual correctness.

Any use of the Service, in whole or in part, which is not in compliance with these Terms of Use, will be deemed an abuse of services provided by the Company and a violation of the Terms of Use.

Article 28

The User of the road assistance package service may obtain the service only via the Service

If the User needs any of the services offered in the road assistance package, the Company will automatically assign the closest Professional via the service by using an appropriate algorithm. After confirmation by the Professional, of which the User is notified via the Service, the phone number, GPS location, and distance of the User are forwarded to the Professional. The User then receives feedback on the Professional’s distance, the expected time of arrival, and the geo-location tracking of the Professional via the Service map. The Professional can only get a GPS location as an intervention point through the Service. To exercise the right to any service from the package the User must be physically present in or next to the vehicle, no matter if the right to use the package services is linked to the User or the vehicle. Exceptionally, if the User of the road assistance package service is not able to obtain a selected service through the application section of the Service, the Company provides call center services as part of the Service available via telephone numbers from Article 6, paragraph 2. Should this be needed, such an option is automatically displayed on the application page.

If the user has no Internet access on his/her mobile device, the six-digit code or a mobile phone number will appear on the screen when initializing the Service and the User will be required to read it to the Company’s call center operator thus confirming the User’s status.

Article 29

Upon registration and each access to the Service (logging in to the Service), the Service automatically sends an SMS text message with a code consisting of six digits to the User’s mobile phone number, namely the one through which the registration was made.

By entering the correct six-digit number the User is allowed access to the Service. The User shall access the Service using only his/her access data, which implies that on the other hand he/she will not use other persons’ access data or give his/her user data to a third party. The User can inform the Company if there is a suspicion of unauthorized usage of his/her access data.

Article 30

When the request is made by the User and the circumstances indicate that a violation has occurred or is certain to occur, the Company will, taking into account the protection of personal rights, privacy, property rights, and intellectual property rights, without delay:

Upon reasoned request, supported by appropriate documentation, remove the content so that it not be publicly available, and keep the content for evidentiary purposes;
Upon competent authority request, submit data on the User whose entry violates any of the abovementioned or other rights, all in keeping with the relevant regulations.

Article 31

Within the Service the Company transmits electronic messages submitted to it by the User, but does not in any way: initiate their transmission, selects data or documents to be transmitted, excludes or changes data in the content of messages or documents, nor select the transmission recipient – Professional.

The Service determines the User’s geographic location using GPS technology and the information on the location of the Service User who needs the service is forwarded to the Professional selected by the Service using the matching algorithm, based on the distance, arrival time interval, traffic jam and availability of the Professional. After the confirmation made by the Professional, the User and the Professional – service provider enter into a direct legal relationship, and the Service in real time presents to the User the price, distance between the Professional and the User, and the anticipated time of arrival at the destination the User has specified in the application.

Article 32

The Company reserves the right to make changes, termination (temporary or permanent) of any element of the Service, and/or services it provides, as well as the content and/or entry, regardless of the author thereof, without prior approval or notification, whilst implementing good business practices.

The right to the changes from paragraph 1 of this Article does not pertain to the User’s acquired rights, namely to the active road assistance packages. The Company may alter the active road assistance package only and exclusively at the User’s request, and only when there are technical conditions for such alteration.

Article 33

All coordinates, time stamps and deadlines presented by the Service, as well as time zone and working days, are calculated according to the relevant regulations of the respective country.

Package renewal and package upgrade

Article 34

The User can renew his/her package 30 days before the expiration of the user package validity period at the earliest, without the activation period of 72 hours, and the renewed package becomes valid after the existing package validity period has ended. Furthermore, in case the User renews the package within 30 days after the package expiration date, its validity shall start after effected payment, without the 72-hour activation period.

The package can be renewed by purchasing a new one at the point of sale, through the online store (web shop), or the application.

The User can upgrade his/her package to a wider territorial or service coverage at any time through the application or by sending a written request to the e-mail address support@vozzi.app. The upgrade does not extend the package validity period, namely, the package is not renewed. The period of validity of such an upgrade shall be until the expiration of the period of the valid package.

Article 35

The User can upgrade his/her package at any time during the validity period unless any service from the existing/active package has been used. The upgrade does not influence the period of the existing/active package validity period, that is, the validity remains tied to the existing/active package, not the upgrade.

The User can choose to upgrade all existing road assistance packages through the application or at the point of sale. If the User experiences complications during the upgrading process, he/she may contact Customer Support Service at the e-mail addresses info@vozzi.app and support@vozzi.app and send a request for package upgrade in writing. The Customer Support Service shall notify the User about the completed package upgrade via e-mail.

The upgrade is enabled exclusively on the User’s territory and is not valid if the User subsequently pays for and upgrades the package abroad. Such cases will be considered abuse and the Company reserves the right not to accept the upgrade.

If the User who is abroad requires services which are not included in its active package, the Company can organize transportation to the country where the User has activated the package, in which case the costs fall on the user. Namely, in response to his request, the User will be presented with the costs and after obtaining written approval from the User, such a service will be provided.

Article 36

In case the User wants to purchase a new package, and the status of the existing one is “partly used”, the User is required to deactivate the existing package for the new one to become active. The User is not allowed to have two active packages simultaneously.

The process of deactivating the partly used existing package described in paragraph 1 of this Article can be done only once in a calendar year; and during package deactivation, the User should confirm whether he/she agrees with the Terms of Use (by clicking on the confirmation option, that appears on the screen), after which deactivated package is deleted. The opportunity to purchase and activate the new road assistance package is gained by deleting the package.

Article 37

When paying using VISA, MasterCard, and Maestro payment cards the User pays the calculated amount while the transaction costs (bank commission) are borne by the Company. The security of data during purchase is guaranteed by the payment cards processor. Payment card data are at no time available to our Service or the Company. In the event of refunding the User who effected the payment by using payment cards, regardless of the reason for refund, the Company is under obligation to make the refund exclusively through VISA, EC/MC, and Maestro payment methods, meaning that the bank will, at the request of the Company, refund to the cardholder’s account. The text “VOZZI service” will appear on the bank statement.

When paying in cash to the Professional, the User pays the calculated amount according to the invoice provided by the Professional.

Article 38

The Company reserves the right to make changes to the Price List and the packages, with timely notification via the Internet and by observing good business practices.

Package deactivation

Article 39

The User can deactivate the package by submitting the request for package deactivation through Service (application). In the process of activation, the User shall agree with Terms of Use.

Service evaluation by the User

Article 40

To provide better services, we require the User to evaluate every service, by using marks from 1 to 5 (where 1 is the lowest and 5 is the highest mark) as ratings given to the Professionals they contacted.

The Service automatically makes a calculation and shows the Company the average user rating for each Professional individually.

The Company reserves the discretionary right to cancel the assigned rating, as well as the right not to cancel the rating in any particular situation.

V – ENTRY AND MODIFICATION OF DATA IN THE SERVICE

User registration and logging in to the Service

Article 41

A visitor is a person who accesses the Service via the Internet, as referred to in these Terms of Use, without logging in to or registering with the Service. The visitors may familiarize themselves with the entire content available in the Service, without paying any fee.

The Users of the services that are provided by the Company through the Service are considered registered users.

The User’s registration as well as all the content (mobile phone number; user address; user e-mail address; make, model and year of production of the vehicle; VIN) that the User posts on the Service is not moderated or modified or in any other way affected by the Company, therefore the User has the sole responsibility and bears all legal consequences that can arise from the content placed on the Service.

With each login to the Service, the User gets access to his/her account on the Service and the possibility of using the Service which the User can adjust according to available Service options.

Change of data in the Service and package deactivation

Article 42

The User can, without any explanation of notification, at any given time, perform changes relating to:

e-mail address of the registered user;
data on vehicle description (make, model, and year of production);
data on vehicle registration numbers.

The private User cannot transfer the user account or the road assistance package to someone else’s name, while the business User can if such a package is selected, otherwise the business vehicles are linked via their VIN.

The User can, without any explanation and at any point in time, revoke his/her user status by submitting the request for deleting the user account if there is no activated road assistance package.

Modification of vehicle data

Since the roadside assistance package is linked to a person and not to a vehicle, it is possible to change vehicle data but not while the vehicle/user is abroad, more precisely, outside the country of residence/registration.

Edit user data

It is also not possible to change the user of the roadside assistance package, so instead of the person to whom the roadside assistance package is managed, another person is registered.

Change of phone number

If the phone number specified during registration/activation of the roadside assistance package changes, the new activation period from the moment the phone number is changed is 5 days, which means that the package will be active after 10 days from the day the phone number was changed.

Treatment of the content placed on the Service

Article 43

Placing content on the Service in no way restricts the User to post or publicly disclose the same content elsewhere. The User can post different content at the same time. The User can, without any explanation of notification, at any time, delete or modify his/her posted content. The Company will momentarily delete or modify such content, except for the content located in backups that are generated systemically and whose content cannot be affected.

By posting content on the Service, the User unconditionally and irrevocably authorizes the Company to transfer the content to an indefinite number of persons to provide the Service, and also to remove the content without prior or subsequent notice or explanation.

The Users reserve all copyrights and related rights to the content that they have created. The Users guarantee that they are the owners and/or users of all essential copyrights on the entire content as well as on all its parts that they have posted on the Service. The Users who have posted the content are solely responsible for every potential breach of copyright or related rights, and other intellectual property rights, which violation may be the result of Users’ doing or failing to do.

Cancellation of the package by the User

Article 44

In case the road assistance package is activated, the User may cancel it without any explanation within 15 days from activating the package if no service included in the package has been used. In this case, the package will be canceled and the money reimbursed to the User, with the reduction of bank transfer costs. If any of the services have been used at the User’s request, the package will be canceled without the refund so that the user can activate a new road assistance package.

The User may request the termination of the user package before the expiration of its validity period, by sending such a request to the Company (request for package deactivation) via e-mail to the addresses info@vozzi.app and support@vozzi.app.

VI – PRICES OF SERVICES AND PAYMENTS

Article 45

The prices of services provided by the Professionals, which were given in the packages, are formed by the Company as uniform prices for a specific territory. The prices are listed in the Price List which constitutes an integral part of these Terms of Use and can be found on the Company’s website www.vozzi.eu.

Article 46

Payment for the service performed by the Professional can be affected as follows:

1. For Users who have obtained the road assistance package from the Company, the costs of services from the purchased package are borne by the Company, while the Users pay any additional services (not included in the package) by cash payment to the Professionals or through available electronic payments to the Company after the additional services have been carried out.

2. For Users who do not have any of the road assistance packages offered by the Company, the Users pay after the service has been carried out by cash payment to the Professionals under the price list of the territory in which the service is performed through the VOZZi service, or pays through available electronic payments to the Company.

Article 47

In the event of refunding the User who has previously made the payment by using a payment card, in part or in full, and regardless of the reason for refund, the Company is under obligation to make the refund exclusively through VISA, EC/MC, and Maestro payment methods, meaning that the bank will, at the request of the Company, make the refund to the cardholder’s account. The text “VOZZI service” will appear on the bank statement. When paying in cash to the Professional, the User pays the calculated amount according to the invoice provided by the Professional.

Article 48

The Company reserves the right to make changes to the Price List and the packages, with timely notification via the Internet and by observing good business practices.

VII – PERSONAL DATA PROTECTION

Article 49

The Rulebook on Personal Data Protection forms an integral part of these Terms of Use and is available at the address: https://eu.vozzi.app/en/personal-rights/

Article 50

The Company performs processing of necessary data of the persons who have granted consent for processing, for a specified purpose, in the manner permitted by law, so that the data subject is not defined or identifiable after the purpose of processing is achieved, and in proportion to the purpose of processing.

Article 51

The Company may, in compliance with the law and the Rulebook on Personal Data Protection, collect certain data on website visits obtained during the use of the Service. These data can be used by the Company to gather information to improve its IT services and the Service, as well as additional direct and adjusting it to its visitors and Users.

Article 52

The Company does not collect data on the Users’ payment cards. When entering payment card data, the confidential information is transmitted via the public network in a protected (encrypted) form by using PCI DSS 3.1 standard, as currently the most up-to-date cryptographic technology. The security of data at the time of purchase is guaranteed by the payment card processor whose Level 1 is a payment service provider, so the complete billing process is performed on the provider’s website. At no time is the payment card information available to the Company or the third person.

Article 53

All general acts of the Company must be compliant with the Rulebook on Personal Data Protection. If any general act of the Company is not under this Rulebook, concerning the protection of personal data, the provisions of the said Rulebook shall apply.

Article 54

The User agrees that the Company may periodically send them notifications related to the Service content, notifications regarding the Service and the Company, as well as advertising notices.

VIII – COMPLAINTS

Article 55

As the Company provides IT services, it is not possible to file a complaint against the service performed by the Professional.

Article 56

The IT services that the Company provides are performed in their entirety, considering that the Professional has commenced with the provision of the service after the explicit prior consent given by the User to use the service.

IX – COPYRIGHT

Article 57

The Company has the exclusive copyright and intellectual property rights on the Service, as well as on all individual elements thereof, such as text, visual and audio elements, visual identity, data and databases, program code, and other elements of the Service that the Company is the author of.

Article 58

Unauthorized use of any part of the Service, or the Service as a whole, without the express prior permission given in writing by the Company as the holder of exclusive copyrights, will be deemed an abuse of the Company’s copyright and is subject to initiating all statutory procedures aimed at protection of the said rights.

Article 59

The Service may contain elements whose exclusive copyrights, trademark rights, and other intellectual property rights are held by other persons, such as the content of the Service users, aggregated publicly available content, the content of business partners, advertisers, and the like. The other persons have the sole responsibility to the content they hold copyright on, irrespective of the fact that such content is on the Company’s Service, according to the provision of Articles 39 and 40 hereof.

Article 60

By posting the content on the Service, the User agrees that it becomes visible to every visitor to the Service, under the conditions and in the manner described herein. It is permitted to transfer other persons’ content or parts of the content from any part of the Service only with the mandatory express prior consent from the Company, noting that the content is downloaded from the Service and indicating the adequate link with the downloaded content location. The Company has the sole liability only cover the content it has the copyright on.

Article 61

Each person is independently liable for his/her copyrighted content, specifically for the content they have posted independently and made publicly available through the Service.

X – USAGE GUIDELINES AND ABUSE AVOIDANCE

Article 62

The Users are obliged to follow the Guidelines specified herein when using the Service.

The content that users post via the Service regardless of the content form (text, audio, video, and so on) must be accurate and correct. The User who has entered the data is solely responsible for the accuracy and correctness of the entered data. The accuracy of the entries implies that they come from a competent source and/or personal experience of the User. Correctness means grammatical, spelling, and factual correctness. The User who has made the entries is solely responsible for each entry.

Article 63

The Company is entitled, but not obligated, to remove or not publish the content posted on the Service by any user without explanation.

Article 64

The User is responsible for the posted content, especially if that content, under discretionary assessment of the Company, includes (but is not limited to):

openly offensive content, or content which promotes racism, intolerance, hatred or physical harm of any kind, and which is directed at any group or individual
harasses or promotes harassment of another person,
exploits people sexually or violently,
contains nudity, excessive violence, or abusive content, or contains links to adult websites,
requests personal information from persons under the age of 18,
publicly announces information that pose or create a risk to any person’s privacy or security,
contains or promotes information which are known to be false, or which lead to false conclusions or promote illegal activities, or whose content is insulting, intimidating, threatening, obscene or defamatory,
contains or promotes forbidden or unauthorized copying of another person’s protected work,
includes the transmission of unwanted mail, circular letters or mass emails, instant messaging, i.e., „spam“,
contains pages with restricted access or pages that can be accessed only with the password, or hidden pages and images (those that are not linked to other pages),
incites or promotes criminal activities or jobs, or provides instructions to engage in prohibited activities, including, but not limited to, the manufacture or purchase of illegal weapons, violation of someone’s privacy, or detection and/or creation of computer viruses,
seeks passwords or information which identify you for commercial or illicit purposes by other users,
includes commercial activities and/or sale, without prior written approval of the Company, such as contests, lotteries with prizes in goods and services, exchanges, advertising or pyramid schemes,
includes photos or videos of other persons, published without the person’s consent, or
violates the rights to privacy, public disclosure rights, rights to protection against slander, copyrights, trademark rights, contract rights, or any other personal rights.

Article 65

The following are the examples, without limitations of any kind, of activities that are restricted or prohibited on the Service:

criminal or delinquent activities, including child pornography or eroticism, fraud, distribution of pornographic content, distribution or use of drugs, gambling, harassment, stalking, “spam“, pyramid schemes, Ponzi schemes, sending viruses or other harmful files, violation of copyrights, patent infringement or trade secret theft;
advertising or offering users to buy or sell any products or services through unauthorized or unlawful mode of using the Service;
circumventing or modifying (or an attempt to circumvent or modify), as well as encourage or assist other persons in circumventing or modifying, any of the security technologies or software which are part of the Service;
falsifying TCP/IP packet header or any other piece of the header information in any publication and/or otherwise using the Service to send altered, fraudulent or wrongful information identifying the source;
activities involving the use of viruses, bots, worms or other computer codes, files or programs which interrupt, destroy, or restrict computer software or hardware operation or in any other way permit the unauthorized use of or access to computer/computer network;
interfering with access to the Service of any user, host, or network;
obscuring or blurring advertising through banners or other graphic elements on the user’s profile page or any other page of the Service via HTML/CSS or any other way;
activating HTML, CS, or any other coding on the user’s profile page, including, but not limited to, all the hidden or otherwise secretly contained codes in submitted content that is not related to the nature of the submitted content;
any automatic use of the system, such as, but not limited to, the use of scripts for sending images or videos;
interfering with, interrupting, or creating unnecessary load to the Service, or the network, or services connected with the Service;
imitating or attempting to imitate a legal or natural person;
using access data/login or username of another user at any time or giving a password and/or permission to third parties to access a user account that is not their own;
selling or otherwise transferring a user profile;
using information obtained from the Service to harass, abuse, or injure a person and/or attempting to do so;
banned commercial advertisement on a user profile, or accepting payment or anything of value from third parties in exchange for performing commercial activities through unauthorized or illegal use of the Service on behalf of that party;
deleting or otherwise altering the notices on copyrights, trademarks, or other proprietary rights which appear on user’s content, unless it is content posted by the user;
use of meta tags or other hidden text or metadata using Company name, trademark, URL address or product name without prior explicit permission of the Company;
attempting to examine, scan, or test the vulnerability of any part of the Service or to violate any security or authentication measures;
collecting or storing personal data on other users without their express approval;
imitating or misrepresenting the connection with a person, through a pre-sent text or other forms of social engineering and/or kinds of fraud;
using IT services in a manner that is inconsistent with any applicable laws and regulations, or violation of the Service and/or network security.

Article 66

To avoid abuse of the Service, the User must confirm that he/she agrees to continue the process of searching for the nearest Partner. In the intermediate step, the User has the right to cancel the service request; if he/she agrees, the Service will automatically search for the nearest Partner.

If the User agrees and requests the service, and receives a confirmation from the Partner, and then cancels the service by phone, the Company reserves the right to consider as used the service which is ordered but not used. This service will be automatically removed from the selected user package.

Article 67

The Company is entitled, but not under obligation, to monitor all user activities and user content associated with the Service. The Company may inspect all reported violations of its Guidelines and other reports and may undertake any legal or technical steps it deems appropriate. The Company will examine the circumstances that can include these violations and may call for cooperation and cooperation with competent state authorities during the identification, investigation, and, specifically, criminal prosecution of the persons involved in this violation of the Guidelines, namely breaking of the law.

The Company reserves the discretionary right to use all legal means, including, but not limited to, the removal of the user account and user content, as well as to immediately suspend all services of the Company used by the User, in the event of any violation of these Terms or when the Company is not able to verify or confirm the information sent by the User to the Company.

Article 68

The Company reserves the discretionary right to prevent the User from using the road assistance package in case there was an abuse of the package, and especially to deactivate the package without the possibility of any refund to the User or to limit the package in terms of service content or duration and/or extension.

XI – LIMITATION OF LIABILITY

Article 69

The Users use the Service solely at their own risk. The Users expressly agree that the Company cannot be held responsible for the conduct of other users or the third parties and that the risk of possible damage is borne entirely by those persons, following the applicable legislation of the respective country.

Article 70

Under Article 47 of these terms of Use, the Company does not guarantee the accuracy and reliability of the content, as well as the content itself, posted by the User. The Company does not initiate a transfer of electronic messages submitted by the User, do not select data and documents to be transferred, does not exclude or change data contained in the message or document, and does not select the recipient of the transfer.

Article 71

This limitation of liability applies also to all damages (material and/or non-material) or violations that could result from hidden defects, errors, interruptions, deletions, malfunctions, delays in operation or transmission of computer viruses, interruptions in communication, theft, destruction, or unauthorized access to data, alteration or misuse of data by third parties, termination of contracts, conduct contrary to these Terms of Use, negligence, and so forth.

Article 72

Except in case of intent or gross negligence, the Company is not liable for possible temporary unavailability of the Service, or its partial or complete non-functioning or malfunction. The Company is not liable for technical problems that could lead to delays or incorrect processing of electronic data, including the system clock. Internet service providers are responsible for the abovementioned. The Company does not guarantee whatsoever the operation of the Service on non-standard equipment and/or non-standard devices, or on non-standard operating systems and/or software.

Article 73

The service may be temporarily unavailable or available to a limited extent, as a result of regular or extraordinary Service maintenance, namely in the event of improving the Service.

XII – SUB APPLICATION

Article 74

The Company has the right, but not the obligation, to present through the Service, in addition to its services, other services of the third persons, such as banks or insurance companies (hereinafter: Sub application).

Article 75

The rights and obligations concerning the potential use of Sub application by the User may be subject to other conditions of use, following the law, of which the User is especially notified and to which he/she gives special consent.

The specific terms of Use referring to the Sub application may be issued by a third party (for example, a bank or an insurance company) that provides services through the Sub application, and/or to which the Sub application shall apply.

The specific Terms of Use of the Sub application shall in no way influence the legal relationship between the Company and the User established by these Terms of Use.

XIII – RESOLUTION OF COMPLAINTS

Article 76

The User is entitled to address the Company with a complaint about the work of the Professional, more precisely, the adequacy of services provided by the Professional, and such complaints are examined by the Company. Furthermore, the Company reviews the complaints of the Professionals about the conduct and actions of the Users.

Article 77

The User can file a complaint with the Company about any segment and/or part of the service the Professional has provided which the User considers as inadequate or when damage has ensued, even though the Company is not held accountable for the damage caused to the User by the Professional.

The Professional can lodge a complaint with the Company about any conduct or actions of the User which the Professional regards as inadequate or which have produced damage, even though the Company is not liable for the damage caused to the Professional by the User.

Article 78

If such possibilities exist, the Company will contact the other party regarding the complaint and try to mediate in the peaceful resolution of the complaint, however, if this fails, the Company will direct the complaining party to exercise their rights through court or other means available to that party.

Notwithstanding the previous paragraph of this Article, the Company reserves the right to terminate any cooperation with the Professional as the result of the inability to resolve the User’s complaint amicably or as a result of the number of complaints against a single Professional, or to stop providing services to the User as a result of the inability to resolve the Professional’s complaint in a friendly manner.

XIV – JURISDICTION AND SETTLEMENT OF DISPUTES

Article 79

Relevant regulations of the respective country shall apply to everything that is not regulated by these Terms of Use.

Article 80

The positive regulations shall apply to all the disputes that may arise between the Company and the User concerning the use of the Service. The Company and the User undertake to attempt at the amicable settlement of the dispute, and should they fail to do so, the courts in the respective country shall have competence. In the event of a consumer dispute with a citizen of the respective country, the jurisdiction shall be determined under the Law which regulates consumer protection in that country.

Article 81

The Company shall in no way be the mediator or the participant in any lawsuit which may arise between two or more Service Users or a User and a Professional unless bound by the law as the compulsory joinder party.

XV – TRANSITIONAL AND FINAL PROVISIONS

Article 82

The Company has the right to amend or supplement these Terms of Use at any time, by publishing amendments and supplements in a consolidated text on the Company website or by sending an e-mail to all users, at least eight days before the application date thereof, or inform the Users about the amendments and supplements to the Terms of Use via the Service.

Article 83

If the User does not give an explicit answer (by clicking on the link for accepting and/or not accepting the Terms of Use) within a specified period, it will be considered that they have agreed to these Terms of Use. If the User expressly rejects these Terms of Use (by clicking on the link for non-acceptance of the Terms of Use), it shall be considered that their user status has ceased and all the earlier rights and obligations under the previous Terms of Use have been terminated. The acquired rights of the users shall not be affected by the entry into force of the new user terms.

Article 84

These Terms of Use have been created in English, but can be translated into other languages. In the case of a translation, only the English version is legally binding.

Article 85

These Terms of Use shall come into effect on the eighth day following the date of its publication on the Service website.

Signed:

In Amsterdam, on 01.06.2022

Published on 01.06.2022

Commencement on 01.06.2022

VOZZi Operations BV

Vladimir Šijaković, Director