OCTOBER 15, 2014
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH DOPIOS, PC OFFERS YOU ACCESS TO THE WELCOME PLATFORM.
Welcome to the user agreement (the “Agreement” or “User Agreement” or “Terms of Service”) for WELCOME (the “WELCOME Platform”), an web service owned and operated by DOPIOS PC, a Greek corporation, whose principal office is located at 28 Karaiskaki St, Athens, GR 10554. This Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and DOPIOS, PC (“DOPIOS,” “We,” “Us” or “Our”).
DOPIOS is willing to license, not sell, the WELCOME Platform to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the WELCOME Platform, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then DOPIOS is unwilling to license the WELCOME Platform to You.
The WELCOME Platform provides a means to enable persons who seek transportation to certain destinations (“Riders”) to be matched with persons driving to or through those destinations (“Drivers”). For purposes of this Agreement these services shall collectively be defined as the “Services”. This Agreement describes the terms and conditions that will govern Your use of and participation in the WELCOME Platform.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in WELCOME and a User of Services available on the WELCOME Platform (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS WELCOME OR REGISTER FOR THE SERVICES PROVIDED BY WELCOME. We may amend this Agreement at any time by posting the amended terms on the WELCOME Platform. If We post amended terms on the WELCOME Platform, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the WELCOME Platform. This Agreement may not be otherwise amended except in writing signed by You and DOPIOS.
DOPIOS DOES NOT PROVIDE TRANSPORTATION SERVICES, AND DOPIOS IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE WELCOME PLATFORM, AND IT IS UP THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE WELCOME PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE WELCOME PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. DOPIOS OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY RIDER BY ANY DRIVER USING THE WELCOME PLATFORM.
Welcome reserves the right to fully re-fund any user and cancel the corresponding request for transportation in case that no driver is willing to provide the transportation service. This can happen due to absolutely no availability on the specific date and time, wrong fare applying or any other reason.
WELCOME facilitates pre-payment via PayPal or Braintree of a Rider’s Ride, and transfers the money (minus the Administration fee) to the Driver. The Administration Fee is currently set at 5 euros per ride but can change without any previous notice and according to the company’s will. The Driver is solely responsible for providing a printed receipt to the Rider and abiding with local tax regulations on the income generated by the WELCOME Ride. We do not hold any responsibility whatsoever for tax compliance of the driver with local tax authorities.
Refunds. The full amount of the Charge (including the Administrative Fee), is charged immediately following completion of such election to the Rider’s authorized PayPal or Braintree account and transferred (less the Administrative Fee) to such Driver’s account. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Rider’s decision to terminate usage of WELCOME, our decision to terminate a Rider’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever.
Promotional Offers. WELCOME, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. WELCOME may change its Administrative Fee as we deem necessary for our business. We encourage You to check this Agreement periodically if You are interested in keeping abreast of the rate of our Administrative Fee.
Facilitation of Payments. All Donations or Charges, as applicable, shall be facilitated through PayPal or Braintree, WELCOME’s third-party payment processing service.
We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Driver(s) or Rider(s).
THIS IS AN UNOFFICIAL SUMMARY OF WELCOME’S MASTER INSURANCE POLICY AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY.
TERM AND TERMINATION
This Agreement is effective upon use of the WELCOME Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the WELCOME Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the WELCOME Platform is terminated, this Agreement will remain in effect.
Your Information (“Your Information”) will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the WELCOME Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
DRIVER REPRESENTATIONS AND WARRANTIES
By using the Service, a Driver represents, warrants and agrees that:
Such Driver is at least 18 years of age.
Such Driver possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such Driver uses the Services.
Such Driver consents to a background check if WELCOME deems it necessary.
Such Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting Riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
Such Driver is named or scheduled on the insurance policy covering the vehicle such Driver uses when accepting Riders.
Such Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s provision of rides to Riders.
Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.
In the event of a motor vehicle accident such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver’s insurance carrier.
Such Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
Such Driver will not make any misrepresentation regarding DOPIOS, the WELCOME Platform, the Services or such Driver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or classic taxi service, charge for rides or otherwise seek non-voluntary compensation from Riders, or engage in any other activity in a manner that is inconsistent with such Driver’s obligations under this Agreement.
Such Driver will only accept Riders using the vehicle that has been reported to WELCOME.
Such Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the WELCOME Platform if You have misused the WELCOME Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. With respect to Your participation on the WELCOME Platform or through the Services, You agree that You will not: Impersonate any person or entity; “Stalk” or otherwise harass any person; Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained in the Service; interfere with or disrupt the Services or the WELCOME Platform or the servers or networks connected to the Services or the WELCOME Platform; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; “frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the WELCOME Platform in order to direct any person to any other web site for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so. You further agree that Your Information and Your interactions on the WELCOME Platform shall not: be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or link directly or indirectly to any other web sites. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
DOPIOS owns and retains ownership in the WELCOME Platform, and all intellectual property therein. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the WELCOME Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of WELCOME and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by DOPIOS that replace and/or supplement the WELCOME Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable the WELCOME Platform to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to
WELCOME E-MAIL AND TEXT COMMUNICATIONS
E-mail communications and text messages sent from Us or through Us are designed to make Your WELCOME experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Drivers or Riders and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. WELCOME reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
All intellectual property rights on the WELCOME Platform and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the WELCOME Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the WELCOME Platform or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of WELCOME. WELCOME shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including: Your breach of this Agreement or the documents it incorporates by reference; or Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party, any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Riders; and/or any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us.We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The WELCOME Platform contains (or You may be sent through the WELCOME Platform or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the WELCOME Platform or any Third Party Applications, Software or Content posted on, available through or installed from the WELCOME Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the WELCOME Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the WELCOME Platform.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the WELCOME Platform and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the WELCOME Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the WELCOME Platform or the Services by persons under the age of 18 in violation of this Agreement.
WELCOME only offers a venue that enables drivers and riders to match with each other. WELCOME does not offer transportation services and WELCOME is not a transportation company. We are not involved in the actual transportation provided by Drivers to Riders. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the WELCOME Platform. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the WELCOME Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by WELCOME or the WELCOME Platform.
The WELCOME Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. WELCOME assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. WELCOME is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the WELCOME Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH WELCOME, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF WELCOME OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF WELCOME OR THE SERVICES, OR INTRODUCED TO YOU VIA WELCOME OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
WELCOME has no responsibility whatsoever for the actions or conduct of drivers or riders. WELCOME has no obligation to intervene in or be involved in any way in disputes that may arise between drivers, riders, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each rider and driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. WELCOME may but has no responsibility to screen or otherwise evaluate potential riders or users. Users understand and accept that WELCOME has no control over the identity or actions of the riders and drivers, and WELCOME requests that users exercise caution and good judgment when using the services. Drivers and riders use the services at their own risk.
In the event that You have a dispute with one or more Users, You agree to release WELCOME (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the WELCOME Platform or the Services.
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if: You breach this Agreement or the documents it incorporates by reference; We are unable to verify or authenticate any information You provide to Us; We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject WELCOME or You or any other User to regulation by any state or local government or regulatory agency; or if We suspect that You have engaged in fraudulent activity in connection with the WELCOME Platform or the Services.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the WELCOME Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration under Greek law. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WELCOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to WELCOME’s business, operations and properties (“Confidential Information”) disclosed to You by WELCOME for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of WELCOME in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to WELCOME with regard to any Confidential Information which You can prove:
was in the public domain at the time it was disclosed by WELCOME or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of WELCOME; becomes known to You, without restriction, from a source other than WELCOME without breach of this Agreement by You and otherwise not in violation of WELCOME’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to WELCOME to enable WELCOME to seek a protective order or otherwise prevent or restrict such disclosure.
You and WELCOME are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to WELCOME shall be given by certified mail, postage prepaid and return receipt requested to WELCOME PC, 28 Karaiskaki St, Athens, GR, 10554, and any notices to You shall be provided to You through the WELCOME Platform or given to You via the email address You provide to WELCOME during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to WELCOME during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@WELCOME.com.
This Agreement shall be governed by the laws of the Greece without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by WELCOME, in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and WELCOME with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
DATA WE COLLECT FROM YOU
In order to operate the WELCOME Platform and to provide You with information about products or services that may be of interest to You, We may use “personal information” (i.e. information that could be used to contact You directly (without using the WELCOME Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information. We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with WELCOME and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your WELCOME account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
“non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the WELCOME Platform; and “public information”, which consists of all other demographic information. Please note that nowhere on the WELCOME Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
HOW WE USE PERSONAL INFORMATION
We use Your email address and Your other personal information to help Us efficiently operate the WELCOME Platform, to contact You in connection with Your transactions and other activities on the WELCOME Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with WELCOME). These types of communications are known as “Operational Communications.”
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the WELCOME Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the WELCOME Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
WELCOME provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. WELCOME gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION
OUR SECURITY PRECAUTIONS
WELCOME has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
If You have any questions about this privacy statement, the practices of WELCOME, or Your dealings with WELCOME, You may contact Us at firstname.lastname@example.org.