TERMS OF USE FOR Blubear SERVICES
Dear users, these Terms of Use regulate the access to or use of Blubear Services and Application (Blubear App) owned by Blubear d.o.o., registered at Novice Cerovića Street No. 8/4/7, registered in the Business Registry (District Commercial Court in Banja Luka), under registration number 4405066750005, represented by Branko Petrović, Director. For more detailed information, please visit our website at https://blubear.app.
We provide Blubear services in accordance with the positive regulations of Bosnia and Herzegovina/Republic of Srpska.
Before using our Blubear Services and Application, please carefully read the following terms. Each ride with our vehicles, as well as access to our application, is subject to these Terms, which you are obliged to read and accept before using our services. If you do not accept these terms, please do not use our taxi services.
Blubear App and Services are available and intended solely for you as a service user, therefore not intended for use or in favor of any third party.
These Terms of Use apply to your use of Blubear Services, unless otherwise specifically indicated or separated.
By accessing and using the Services, you declare that you have read, understood, and accepted the stated Terms, thereby establishing a contractual relationship between you and Blubear d.o.o., and any previous agreements, arrangements, or contracts between the two parties cease to be valid. Blubear d.o.o. reserves the right to unilaterally change the Terms, suspend the provision of Services, or any part thereof, at any time and for any reason, in accordance with the procedure described in these Terms. Your further access and use of the Services constitute your consent to the amendments and additions to the Terms.
Welcome to the world of Blubear application. Blubear allows you to quickly and efficiently order taxi vehicles while respecting the following Terms of Use. These terms apply to all users who use our application and Blubear services. By using any part of the application, it is considered that you are familiar with these terms and accept the use of Blubear services solely for personal use and at your own risk.
Blubear is a platform for ordering and using taxi vehicles that aims to provide the best experience for users while adhering to all regulatory and safety standards in this industry. Our goal is to provide you with comfort and safety during rides, with easy access to our services via the mobile application.
SERVICES
Blubear d.o.o. will make reasonable efforts to ensure that the Services and Blubear Application are available twenty-four hours a day, seven days a week. However, interruptions in the functioning of the Blubear Application may occur due to maintenance, upgrades, emergency repairs, or telecommunication equipment failures. Blubear d.o.o. will, to the extent reasonably under our control, take necessary steps to prevent this. Nevertheless, we do not guarantee the availability, uninterrupted use, or use of the Blubear Application without any errors, and we cannot be held responsible for any damages, losses, claims, costs, or expenses resulting from scheduled or unscheduled interruptions, unavailability, or slowness of the Services or Blubear Application.
We reserve the right to limit the use of Services or Blubear Application at our discretion at any time with or without prior notice. We provide you with Services through the Blubear Application. On the other hand, you are responsible for the procurement and maintenance of any equipment or auxiliary services necessary for connecting and using the Services and Blubear Application. Additionally, you are responsible for ensuring the compatibility of this equipment or additional services with the Services we provide.
SCOPE OF SERVICES
Blubear d.o.o. provides users with access to Services through the Blubear Application:
Our Services represent a modern technological platform – a set of software that enables users to connect with service providers and/or to have all necessary information about the use of the Blubear Application through its functions. Blubear (i) is not a business entity registered for passenger and goods transportation and does not perform, nor engage in the transportation of service users; (ii) does not, in any case, represent itself as a service provider; Service providers can only be members of citizen associations ("MOBIL-TAXI RS" Banja Luka and ASSOCIATION OF TAXI DRIVERS RADIO BEL TAXI BANJA LUKA). Unless otherwise agreed, it is implied that the Services are available exclusively to members of the Association ("MOBIL-TAXI RS" Banja Luka and ASSOCIATION OF TAXI DRIVERS RADIO BEL TAXI BANJA LUKA) and are not of public nature.
REGISTRATION
To be able to use the Services we provide, you first need to register and create your own user account after downloading the Blubear Application for your phone for free from the Google Play Store or the App Store platform.
The precondition for registration is that you are at least 18 years old. If you are under 18 years old but over 14 years old, you need to provide written consent from your parents/guardians, as well as a statement from your parents/guardians consenting to the Terms of Use and Privacy Policy on the Blubear website on your behalf, in order to register your account. To register on the Blubear Application and subsequently to use it, you need to have a device with internet access. When using the Services, you may be charged for data transmission according to your mobile operator's price list.
During registration, we reserve the right to collect certain personal data such as your name, surname, and phone number for this purpose. It is also possible to create a user account via the user's email. Taking care of your personal data is crucial for our business, and regarding the protection of your personal data, please see our Privacy Notice. It is your responsibility to ensure that your registered data is accurate, up-to-date, and complete during the use of your user account. You are solely responsible for all personal data you provide us with during the registration process, while we act only as intermediaries in receiving data for the purpose of connecting you with service providers.
After creating a user account, you need to confirm your mobile phone number by entering the verification code sent to your number in the Blubear Application. When signing up to use the Blubear Application, you must provide the requested information in order to successfully complete the registration process. User accounts created by "bots" or automated login attempts by "bots" or other automated methods are not allowed. You are responsible for maintaining the security of your user account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation. You are responsible for any type of content posted through your user account. Any false, deceptive, or unauthorized use of the Blubear Application, or user account may result in the revocation of your right to access or use the Blubear Application, or user account. You must not use the Blubear Application for any illegal or unauthorized purposes. You must not, during the use of the Blubear Application, violate any laws that you are subject to as a service user. You must not modify, adapt, or hack the Blubear Application, or user account, or modify any other application to falsely imply its association with the Blubear Application. You must not and cannot in any way be authorized to resell the use of the Blubear Application, or our Services to any third party by representing it as your private property or with an additional charge. If certain aspects of the Services are not available due to registered incorrect data, we cannot be held responsible for it. Additionally, you agree to keep your user credentials confidential, i.e., not to disclose your username and password to access the system to anyone. You cannot authorize third parties to use your user account, nor can you transfer it to a third party in any other way. In some cases, you may be required to provide proof of identity in order to be provided with the Service, and failure to comply with this request may result in the denial of the Service. If you suspect that your user account has been used or accessed by a third party, please notify us immediately. You are solely and exclusively responsible in the event of a breach of the provisions of these Terms of Use resulting from the access or use of your user account, with or without your knowledge.
If there are reasons to believe that the information you have provided to register and use our Services violates or is likely to violate any of the provisions in these Terms of Use, we will take appropriate action, including but not limited to refusing further provision of Services and/or access to and use of the Blubear Application.
SPECIFICS OF Blubear SERVICE
Choose the option to call a taxi in the middle of the screen. The application uses Google Maps to display your current location via GPS. Enter the exact address, and if Google Maps does not provide a number, manually add the house number or building (e.g., "King Alfonso XIII 35").
Track the vehicle in real-time on the map as it approaches you.
After confirming your Request, you will be connected to the nearest Service Provider, completing your Request, and you will be able to track the arrival of the Service Provider to your location via the Blubear Application, with information on how long it will take for the Service Provider to arrive. Choosing the confirmation option simultaneously means that you are entering into a contract for the provision of Services with the Service Provider, about which you will be provided with precise details via the Blubear Application. You undoubtedly conclude a contract for the provision of Services directly with the Service Provider, not with Blubear
d.o.o. (limited liability company) You acknowledge and agree that Blubear d.o.o. is not and cannot be a party to the concluded contract. Since the application's software tracks the GPS location of your mobile device and collects data on your current location, you confirm that by accepting these Terms of Use, you agree that your device must provide data on your geolocation to enable the provision of Blubear Services, which will be available in the Blubear Application and visible to Service Providers after logging into your user account. By accepting these Terms of Use, you agree that this data is collected and used solely for the functioning of the Blubear Application or the provision of Services. After you finish using the Blubear Service, you will receive a notification on your phone confirming the successful completion of using the Blubear Service by the Service Provider.
You have the option to cancel the Blubear Service at any time.
User profile in the application:
The personal data that will constitute the user profile of the application are as follows:
- First and last name
- Phone number
- Email (optional)
Additionally, you will be able to choose the language you want to use in the application.
Within the profile, you will be able to view the history of completed rides, routes taken, and information about the vehicle and driver who provided the transportation service.
User service obligations:
You are obliged to use the Blubear Application and Services as a Service User in accordance with these Terms of Use. You are obliged to behave decently at all times during the use of the Services and in accordance with all moral and social codes of conduct towards Service Providers or any other person present with you. You are also obliged to reasonably ensure that those who simultaneously use our Services with you behave in accordance with the same principles.
You undertake to ensure that your use of the Blubear Application or Services, including but not limited to providing all necessary information, data, images, or any other documents of any format:
- complies with applicable laws and regulations;
- does not infringe on intellectual property rights or other proprietary rights of any third party;
- is not perceived in any way as:
- offensive, illegal, or inappropriate;
- incitement to racism, arrogance, hatred, or violence of any kind towards a group or individual;
- harassment or advocacy of harassment of another person;
- displaying pornographic or sexually explicit material;
- promoting any kind of behavior that is violent, threatening, or defamatory;
- promoting any illegal activities;
- promoting or providing false, misleading, or deceptive information;
- engaging in promotion, competition, sweepstakes, or any other similar activities without our prior written consent;
- exploiting people in a sexual or violent manner;
- violating or infringing on the privacy rights of any third party;
- transmitting spam or chain emails, or sending unsolicited bulk email;
- influencing others, or inciting others to behave in any of the above-mentioned ways;
- collecting and processing information about other users of the services without their consent;
- disrupting or interfering with the operation of servers or networks associated with the Services;
- unauthorized access to the Services via other computer systems or networks;
- harassing or disrupting the use of other Service Users.
Otherwise, you are obliged to indemnify Blubear d.o.o. for all losses, obligations, expenses, and costs (including, but not limited to, legal costs) incurred directly or indirectly from the breach of these provisions. Blubear d.o.o. reserves the right to investigate specific situations and take appropriate measures against you if it is determined that you have violated the provisions of these Terms of Use during the use of the Blubear Application or Services. Appropriate measures include the possibility of temporary suspension or permanent deactivation of the user account, as well as initiating legal proceedings.
GENERAL PROVISIONS
Any form of notification or communication permitted or required under these Terms of Use by Blubear d.o.o. will be sent to the email address you provided when creating your user account. In the event that any party does not exercise a specific right or legal remedy under these Terms of Use or the applicable lawLegislation, this shall not be construed as a waiver of that right or legal remedy, and such occurrence shall not prevent further exercise of any other right or legal remedy under these Terms of Use. The Terms of Use represent and establish the understanding and interpretation of the entire relationship between You and Blubear d.o.o. regarding the entire content of these Terms of Use, while any previous agreements between the parties, whether written or oral, shall be deemed invalid.
PAYMENTS
Fee for using the Blubear Service
The service provider will charge the end user for the service. The price is determined based on a variety of factors including the type of service, geographical location, traffic density, and the time required to provide the service. Once again, we emphasize that the use of the Blubear Application and Service is free of charge.
PLATFORM PROCESSING FEE
Blubear d.o.o. will charge a Platform processing fee on behalf of and for the account of Service Providers in the gross amount of 0.47 KM per transaction. We reserve the right to change the amount of the Platform processing fee at any time, but we are obliged to immediately display the new amount on the Blubear Application and website.
DATA AND DATA PROTECTION
Personal data care and transparency in operations are the key values on which we base our business. All necessary information regarding the use of your personal data for the purpose of operating our application can be found in the Privacy Notice.
QUALITY OF SERVICES PROVIDED
For any questions regarding these Terms of Use and their application, you can contact our customer service, which is available via email at: support@blubear.app. We will make every effort on our part to respond to all incoming support requests within a reasonable time frame and in accordance with the law.
DISCLAIMER OF WARRANTIES
The user of the service hereby guarantees: (a) that they have the right and ability to become a user of the service and undertake to act in accordance with these Terms of Use; (b) to comply with all applicable laws and regulations relating to the use of the Blubear Application and Services; and (c) to comply with all obligations arising from these Terms of Use.
You agree that you will use the Blubear Application or our Services at your own risk. We will take all reasonable steps to provide you with a good and quality level of service; however, we do not guarantee that such services will be without errors or interruptions at any time. Except where explicitly stated here, to the fullest extent permitted by law, we do not warrant the accuracy, completeness, or suitability of the content provided for any specific purpose.
LIMITATION OF LIABILITY
All content displayed or used on the Blubear Application is presented without any warranties, conditions, or guarantees as to its accuracy by us. You bear all risks associated with the use of the Blubear Application, Services, and the internet.
We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data, or other proprietary materials due to your use of the Blubear Application and/or Services, nor for downloading any content on it or on any website linked to it. You expressly agree and acknowledge that we are not and under no circumstances shall be liable for any form of damage resulting from: (i) use, interruption of operation, or failure in the Blubear Application or Services, or any inability to use the Blubear Application or Services at a given moment, if it could not have been timely foreseen or rectified; (ii) direct transactions between you and a third party, i.e., Service Providers; (iii) actions or omissions of any Service Provider, as your service agreement is directly linked to the Service Provider, and any requests you have regarding this can only be forwarded directly to the Service Provider - if you do not know exactly who provided you with the Services, you can contact us via the customer email address and request that we provide you with information about the Service Provider;
You expressly agree that we are not and under no circumstances shall be liable for violations by Service Providers of the provisions of consumer protection laws, fiscalization laws, including but not limited to inappropriate content of fiscal receipts - invoices, failure to issue fiscal receipts - invoices by Service Provider, as your service agreement is exclusively and directly linked to the Service Provider.
The limitations set forth in this section apply to: (i) indirect and consequential damages, including, but not limited to, damages for loss of profits or other intangible losses; (ii) all consequences of claims or actions in the aggregate, including, without limitation, breach of contract, breach of warranty, tort, negligence, gross negligence, willful violation of the law, misrepresentation, and other fraudulent actions.
The limitations stated in this section are not intended to exclude or modify your rights as a consumer guaranteed by law. The limitations stated in this section shall remain valid even after the termination of these Terms of Use. The limitations shall apply even if any of the legal remedies specified in these Terms of Use are officially determined to be inapplicable or dismissed.
COMPENSATION
By accepting these Terms of Use, you agree to indemnify Blubear d.o.o. or Service Providers for any damages, including legal costs and court proceedings, arising from: a) Your use of the Blubear Application or Services in violation of established rules; b) violation of any provision of these Terms of Use; c) misuse of confidential data; d) infringement of the rights of any third party; e) infringement of intellectual property rights over the content of the Blubear Application.
If, during your use of the Services, damage is incurred due to your fault that exceeds the "ordinary" scope, you will be liable for the costs of remedying the same damage.
DISCONTINUATION OR MODIFICATION OF SERVICES PROVIDED
We reserve the full right to, at any time and for any reason at our discretion, modify, amend, suspend, or indefinitely terminate the Blubear Application, or terminate your access to the Services, especially when it is for the purpose of improving the Services and the better functioning of the Blubear Application. Additionally, we reserve the full right to limit access to some or all parts of the Blubear Application/Services if it is necessary for any reason.
In the event that a change may have implications for your use of the Blubear Application or Services, it will be announced on our website or via the Blubear Application in a timely and adequate manner. Also, all changes related to the protection of your personal data will be promptly and adequately visible in the Privacy Notice.
We reserve the full right to, at any time, without prior notice, terminate the provision of our Services if providing services to you is prohibited: a) by applicable laws and regulations; or b) by any law-based regulations of our business partners or service providers.
Until the moment the amendments take effect, the previously valid Terms of Use will apply. For new users, the latest version of the Terms of Use will apply immediately.
THIRD-PARTY SERVICES
The services you use may be provided through the use of various products and services of third parties, as well as hosting partners, in order to provide you with the necessary hardware and software solutions, networking, storage, support for all types of marketing, or related technology necessary for the operation of the Blubear Application and the provision of Services. We cannot control or regulate third-party services under these Terms of Use, as third parties are not, under any circumstances, considered parties to these Terms of Use. Therefore, you agree that we cannot be held liable in any way for any product or service provided by third parties, while simultaneously accepting that third parties are not responsible for providing any kind of customer support.
Additionally, we do not guarantee the accuracy of any kind of public presentation or information provided by third parties that provide certain services related to the use of our Services or the Blubear Application.
Please note that for the purposes of these Terms, third parties shall also include Apple Inc., Google Inc., Microsoft Corporation, or BlackBerry Limited, if you use the Services through developed mobile applications for Apple iOS, Android, Microsoft Windows, or BlackBerry mobile operating systems.
DURATION AND TERMINATION OF SERVICE USAGE
By accepting these Terms of Use, you agree to comply with them. There is no limitation regarding the duration of the validity of the Terms of Use. However, you may terminate the established relationship between you and Blubear d.o.o. at any time by deactivating your user account by sending a deactivation request to the following email address: support@blubear.app. After receiving confirmation from Blubear d.o.o. that your account has been deactivated, you may permanently delete the Blubear Application installed on all devices in your possession.
We reserve the full right to discontinue the provision of Services to you at any time with immediate effect, by deactivating your account or by any other means preventing access to or use of the Blubear Application, at our discretion.
COPYRIGHT AND CONTENT OWNERSHIP
In accordance with these Terms of Use, we provide you with a limited, non-exclusive, revocable, non-transferable right to use the Services through access and use of the Blubear Application on your device, or access and use of the website, as well as through the use of any content and information that may be made available, in any case, exclusively for personal and non-commercial purposes, unless otherwise agreed.
During the application of these Terms of Use, you may not: (a) remove the logo, trademark, or any copyright notice from any part of the Blubear Application; (b) sell, copy, distribute, offer, rent, or otherwise commercially exploit the Services/Blubear Application unless expressly authorized by Blubear d.o.o.; (c) modify, alter, or dismantle any part of the Blubear Application; (d) use any part of the Blubear Application to collect statistical data, index, research, or disrupt the operation and functionality of any aspect of the Services; (e) attempt or execute unauthorized access to the Services/Blubear Application which may jeopardize the provision of the Services and the functioning of the Blubear Application, any of its parts, associated systems, or networks.
In accordance with the foregoing, the data on the Blubear Application/on our website https://blubear.app/ are protected by the Law on Copyright and Related Rights in Bosnia and Herzegovina. Copyrights related to the Blubear Application include texts, their formatting, graphic content, and other visual displays belonging to https://blubear.app/.
In accordance with the aforementioned, the website design, as well as all other texts and references on the website, are the product of the author's individual intellectual creation, and any unauthorized copying, use, or other forms of reproduction of the same or similar design, texts, trademarks, etc., shall be considered a violation of intellectual property rights, or copyright infringement.
The data may only be used in the manner provided by these Terms. By using the data for other purposes, as well as by copying, transcribing, or distributing the data without authorization, you act contrary to the Law on Copyright and Related Rights in Bosnia and Herzegovina, and you are subject to sanctions.
PROMOTIONS AND MARKETING
You agree that we may, at our discretion, when possible, make available and offer promotions, coupons, promo codes, credits, or loyalty programs with various features. We do not accept responsibility or guarantee that you will be able to use any of these benefits. We reserve the full right, to which you agree under these Terms of Use, to revoke any benefits provided to you if we have reason to believe or determine that any kind of error, fraud, illegality, or violation of rules regarding the benefits previously granted to you has occurred. Additionally, we reserve the right to discontinue, terminate, or cancel further opportunities to use benefits at any time without prior notice.
COMPLAINTS
In case you, as a user of the service, are billed for the service at a price higher than expected, you are obliged to file a complaint with the Service Provider. Blubear d.o.o. is not liable in case of excessive pricing.
ELECTRONIC MAIL NOTICE
You agree that we may electronically deliver necessary notices, documents, and other information regarding the use of the Blubear Application or Services to your email address when necessary. Also, by using the Services, you agree that we are not and cannot be held responsible in case of failed delivery of emails to your email address.
VALIDITY OF PROVISIONS
In the event that any provision of these Terms of Use is declared invalid or unenforceable by a competent court, the remaining provisions shall remain in force.
The invalidity of any provision of these Terms of Use does not invalidate the Terms of Use as a whole.
DISPUTE RESOLUTION
By accepting these Terms of Use, you agree that all disputes arising between you and Blubear d.o.o. during the use of or in connection with the Services will be resolved amicably and by mutual agreement. Otherwise, if it is not possible to reach an amicable solution, all disputes arising from or in connection with these Terms of Use will be referred to the competent court in Banja Luka, Republic of Srpska, in order to protect the rights that the party considers to be endangered or violated.
MISCELLANEOUS
These Terms of Use, which may be modified as needed by us from time to time, constitute the entire and exclusive agreement governing the relationship between you as a user of the service, on one hand, and us as Blubear d.o.o., on the other hand. We will publish new versions of the Terms of Use on the Blubear Application and website, if there are any changes https://blubear.app. In the case of separate agreements regarding the use of the Blubear Application or Services, those agreements will be added to these Terms of Use as appendices. Any questions you have about these Terms of Use can be sent to the email address: support@blubear.app.
Blubear D.O.O.
NOVICE CEROVIĆA Street No. 8/4/7,
78 000 BANJA LUKA
REPUBLIC OF SRPSKA, Bosnia and Herzegovina
TIN: 4405066750005
www.blubear.app
Phone: +387 66 125 999
support@blubear.app