General terms of use for mobile application VARNA CITY CARD

These Terms and Conditions regulate the relationship between you, the buyers and users of Varna City Card, and Innocity Ltd, UIC: 204808426, with respect to the usage of the Varna City Card Mobile Application (hereinafter referred to as the ‘Application’ or the ‘Mobile Application’), to all information and other content, received through the use of the application, including with respect to the purchase and usage of Varna City Card through the identification medium, i.e. its virtual version.

The mobile application is an information society service, which is provided by Innocity Ltd, UIC: 204808426, address Montana, 33, Nikola Vaptsarov Str., phone: +359 894 528 862, e-mail: office@innocity.bg. The application is created and maintained as part of the Varna City Card Program.

The application is a product that is installed on your mobile device (phone or tablet) and allows you to:

  • purchase and use the card Varna City Card through the identification medium, i.e. its virtual version. You can learn more about the Card by reading the General terms of use for Varna City Card and the information, provided on the internet site:www.varnacitycard.com;
  • scan a card, that you have purchased on a technical medium and use it through the application;
  • view the profiles of our trading partners and get information about their tourist sites and points of interest (units);
  • receive information on upcoming events that will take place on the territory of the city of Varna;
  • in case you have allowed us access to your location, the application will provide you with a list of tourist sites, points of interest, accommodations, that are nearest to you and will guide you to them, using a link to a map of the city of Varna;
  • get information about the money you have saved through the use of Varna City Card;
  • other useful information.

The terms, explained below, have the meaning, attached to them hereunder, for which meaning you have been informed and give your consent to it, namely:

  • The Varna City Card Program (hereinafter referred to as "the Program") is a program jointly implemented by the Municipality, Telelink Jsc., Innocity Ltd. and their partners, in which the citizens and the guests of the Municipality of Varna are provided with the opportunity to receive at preferential terms and/or prices tourist, cultural and/or sports services, offered by the partners;
  • A Partner (or a "Trading partner") is a natural or legal person with whom Innocity Ltd. has entered into a cooperation agreement in relation to the Varna City Card Program. The Partner has a registered profile in the mobile app, that provides information about the partner and state the current preferential terms and/or prices in its tourist sites or points of interest;
  • Varna City Card is a card, which is specifically created under the Varna City Card Program and which allows users to visit certain tourist sites in Varna (landmarks, museums, cultural monuments) and to get certain discounts at chosen units for relax and entertainment (i.e. points of interest) at preferential terms and/or prices. Every user of Varna City Card receives the right to a one-time free visit to certain cultural landmarks and museums on the territory of the Municipality of Varna, as well as certain discounts for different units in the Municipality of Varna. The full list of units and specific discounts are available at the following web address: varnacitycard.com. Discounts, listed on the Card, are received once.
  • User is a natural or a legal person, who has installed the application on his/her/its device and/or owns the Varna City Card in its virtual version (by purchasing it in a virtual version or by scanning a technical card);
  • Force majeure is Force majeure within the meaning of Article 306 of the Commercial Act of the Republic of Bulgaria (unforeseen or unavoidable extraordinary event, occurring after the conclusion of the contract).

By installing and using the application, you declare that you have familiarized yourself with and understand these terms and conditions, you have the right to express a valid consent and accept these terms and conditions as they are. The application is intended to be used by persons over the age of 18 and by using it you declare that you are at or over that age. Innocity Ltd. is not responsible if the application is used by persons under 18 years of age. If you are under 18 years of age and wish to take advantage of the Varna City Card Program, please refer to an adult for help.

Innocity Ltd. reserves the right to change these terms and conditions at any time, in which case the new text will be available in the mobile application. If you continue to use the mobile application, you express you agreement with the new terms and conditions. In the case of essential changes, the terms and conditions shall be presented to you in a suitable and explicit manner.

You can download the mobile application form an app store, with which Innocity Ltd. has partnered.

Any and all active actions taken by you in the app store before installing the mobile app, as well as all your active actions, made in the mobile application itself - such as clicking buttons, marking ticks, opening links, etc., are considered an electronic statement, made by you, and you are bound by it.

All your personal data, provided and collected through the mobile application, is stored and processed by Innocity Ltd. We take care for the proper use and non-dissemination of your personal data. Your personal data shall be processed in accordance with the Privacy Policy, adopted by Innocity Ltd. and forming an integral part of these General terms of use.

The application contains a survey, which is placed there for the purposes of gathering statistical data. The data from the survey shall be aggregated (we will not keep personal information about you) and will be provided in this manner to the Municipality of Varna, which will use it for the development of tourism in the city. Completing the survey is entirely voluntary and the use of the application does not depend on whether you provide information through the survey.

Technical requirements for the normal functioning of the application

  1. For the normal functioning of the application, including the card, used through the identification medium, it is necessary that your mobile device has at the minimum the following technical parameters: Android 5.0, IOS, camera, internet access, etc.
  2. Innocity Ltd. does not take responsibility if you could not use the application, the card and/or the vouchers because the mobile device on which you installed the application does not meet the above mentioned technical parameters.

Registration in the application

  1. The mobile application allows you to register and create a profile account in it. For the purposes of the registration you are required to provide an email address for contacting you and a password. Besides that you may use all the features of the application through your profile in the social network Facebook.
  2. By registering as a new user or by entering the application through your Facebook profile you give your consent for the processing of your personal data. In this case Innocity Ltd. retains the main information of your profile and has the right to use your email address for contacting you about matters, relating to the services, provided by us.
  3. You agree not to disclose your username and password to anyone. Innocity Ltd. is not responsible if a person, using your username and password, has logged into your profile account and has accessed your personal data and/or made payments from your profile account. If someone has received unauthorized access to your profile account, please contact us immediately by email: office@innocity.bg and phone: +359 894 528 862. In case that there is unauthorized access to your profile account and you have not immediately notified Innocity Ltd. about it on the email and phone number, mentioned above, we shall consider that every access to your profile account and every payment, made through it, has been made by you personally.

*Please note that you may use the application without registration, in which case you shall receive limited access only to information about points of interest and events in the City of Varna, as well as information about the discounts that you may receive if you purchase Varna City Card.

Information about prices

  1. Electronic transactions/payments of amounts are made via the payment systems, indicated in the mobile application. These systems guarantee your security.
  2. Current prices for each type (by age and period of activity) of the Varna City Card are published in the mobile application. The published prices are in euro. The quoted prices are final and include 20% VAT. Prices do not include the fee for transferring funds from your or any other bank or virtual account (depending on the method you choose for payment). This fee is at your own expense. It is not dependent on Innocity Ltd.’s decision and may vary according to the price list of your chosen intermediary for electronic payments (i.e. the relevant payment system).
  3. Trading partners are responsible for publishing information about the regular price of the goods/services for which the consumer may receive a discount. These prices are in Bulgarian levs /BGN/ and are final prices, including VAT.
  4. Where the discount, made by the trading partner to the user is in% of the regular price of the good/ service, this percentage is calculated to the final price, inclusive of VAT.

Rights and obligations

  1. Innocity LTD. provides the mobile application and the card as they are and is not responsible if they do not fully meet your needs.
  2. The mobile application itself (without purchasing a card or without registering a profile account or accessing the application through a Facebook profile) has an informative purpose and is intended to introduce you to the Varna City Card program and the units, included in it. Innocity Ltd. exercises control over the information within reasonable limits and only with the care that is normal and expected for the purposes for which the mobile application was created.
  3. With the consideration of the aforesaid, users should bear in mind that trading partners' profiles are created and filled in by the trading partners directly, where Innocity Ltd. is not in a position and has no obligation to control the information in these profile accounts.
  4. With the consideration of the aforesaid, Innocity Ltd. is not responsible for the damages you have suffered or could suffer in using the mobile application and/or using the card, which damages are caused by incorrect information, received from the application. This statement includes the cases in which the working hours, telephone or other data listed in the application prove to be untrue, where Innocity Ltd. would not bear responsibility. We recommend that you also look up in other sources the information that you are interested in about a unit before you visit it.
  5. Innocity Ltd is not responsible for the text or other items, posted by users and/or trading partners in the mobile application. If the posted information is offensive to you or has otherwise infringed upon your rights, please contact directly the person who posted the information.
  6. Innocity Ltd. does not oversee and is not responsible for the information and other content you may access through the links, placed in the mobile application. You access this content at your own risk and we recommend you to be vigilant when accessing information, posted on the Internet.
  7. Innocity Ltd. is not responsible for the accessibility and quality of the sites to which links are posted in the mobile application. If you have any claims, regarding these sites, you should contact their providers directly.
  8. Innocity Ltd. is not responsible for the damages you have suffered from viruses or other software that is harmful to your device. You agree that you will not ignore notifications for a detected virus, made by the antivirus program you are using.
  9. Innocity Ltd. takes care of maintaining the application in an up-to-date and appropriate condition. The Company makes no guarantee that the application and the card will work without interruptions and without errors.
  10. Innocity Ltd. shall not be liable if it fails to fulfill its obligations under this Agreement due to force majeure or due to other unforeseen circumstances that cannot be overcome by taking reasonable measures by Innocity Ltd., including interruption in the electrical or internet network, natural disaster, fire, flood, war and others.
  11. Using our mobile application requires the installation of software on your device. Innocity Ltd. has the right to periodically update this software to provide you with up-to-date services. You have the right to object to the updates or manually turn off your software updates. In the latter case, Innocity Ltd. does not give you any guarantees that the application will work properly and is not responsible for any damages that you may suffer due to inability to access the application/the card or due to receiving obsolete information.

Copyright and other intellectual property rights

  1. All logos, graphic materials, designs, databases, images and other objects, visualized and accessible in the mobile application are the subject of intellectual property and protected by the Copyright and Related Rights Act, The Marks and Geographical Indications Act, and/or the Industrial Design Act. Copying or otherwise retrieving, using and/or distributing these objects without the consent of their rightholder is prohibited and constitutes a breach of the applicable law.
  2. Innocity Ltd. owns the rights on the database, which is a list of the trading partners, their sites and the offered discounts. Users are under the obligation not to copy, otherwise retrieve or distribute the specified database nor to use the database for their own or other’s commercial purposes. The violation of the rights of Innocity Ltd., regarding the database, owned by it, constitutes a violation of the Copyright and Related Rights Act.
  3. The computer code (program), which constitutes the mobile application, virtual cards and virtual vouchers, is subject to copyright. Any manipulation of the code, its copying, its use in a manner which was not intended (when the purposes for creating the code are taken into account), including its implementation in other programs and its distribution constitute a violation under the Copyright and Related Rights Act. In the event of any suspicion of such breach committed by you or in your favor, Innocity Ltd. is entitled to immediately suspend your access to the application and to terminate the agreement for purchasing your card and keeping the price of the card as a penalty. In any case, Innocity Ltd. has the right to seek retribution for any damages, which exceed the amount of the penalty.
  4. Copying, implementing, distribution or usage in any other way of the the logo and design of the mobile application are also forbidden. They can be used only after receiving permission from Innocity Ltd.
  5. Trading partners have the right to publish in their profile in the application any object of intellectual property, that they have rights upon. With the publication of such objects of intellectual property, trading partners give their consent to Innocity Ltd. for visualizing these objects in the mobile application.
  6. Innocity Ltd has no obligation to inspect nor does it assume any responsibility in the event that the trading partners have posted intellectual property objects upon which they have no rights. If your right is violated by a posting on the mobile application, please contact the relevant trading partner who made the posting.
  7. Users are obliged not to store in their mobile application profile account any objects of intellectual property, which belong to someone else. The latter statement includes the obligation not no store any photos, which are copyright to someone else. By storing content in its profile account, the user declares that the content is not subject to intellectual property rights of another person.

Termination:

  1. Innocity Ltd. has the right to terminate the agreement between itself and you for the use of the mobile application and the card and to immediately cease your access to the application and the card in case you commit any violation of your obligations, described in these terms of use and the General terms of use for Varna City Card. In this case, Innocity Ltd. has the right to keep the price you paid for the card as a penalty and seek retribution for any damages, which exceed the amount of the penalty.
  2. You have the right to terminate at any time the agreement for the use of the mobile application and the card purchase agreement, concluded between us, by uninstalling the mobile application or deleting the card from the application settings. In this case, the card's price will not be refunded to you. The price of the card will be refunded to you only in case of culpable failure to perform the obligations of Innocity Ltd. or upon valid exercise by your part of the right to cancel the purchase under the General terms of use for Varna City card.

Others

  1. The application and all services under the Varna City Card Program, including Varna City Card, are intended to be used within the territorial boundaries of the city of Varna. All units in the card and vouchers are located in the city of Varna, Republic of Bulgaria. Innocity Ltd. is not responsible for ensuring the accessibility, up-to-date and reliability of its mobile application beyond the borders of the Republic of Bulgaria. Innocity Ltd. does not provide the purchase of the Varna City Card on a technical medium from units outside the city of Varna, the Republic of Bulgaria and the nearby region, nor does it deliver the card to units or addresses outside Varna, the Republic of Bulgaria and the nearby region.
  2. If a clause of the General terms of use is invalid, the invalid clause does not apply. In this case, all other clauses of the General terms of use shall remain in force and continue to be binding for the parties.
  3. Users and trading partners are required to submit all their claims to Innocity Ltd. for the purpose of voluntary settlement of the relations between the parties on e-mail: office@innocity.bg. In the event that no agreement is reached voluntarily, the parties agree that all disputes will be referred to the competent court in city of Varna, the Republic of Bulgaria.
  4. For all issues, which are not covered by these General terms of use, the applicable provisions are those of the legislation of the Republic of Bulgaria.

The General terms of use for the Varna City Card, Privacy Policy and Cookie Policy, adopted by Innocity Ltd., consist an integral part of these General terms of use.