Terms and conditions for the use of “Sameday App” mobile app

1. T&C parties
1.1. The parties to the legal relation regulated by these terms and conditions („T&C”) for the use of the Sameday App mobile app are Delivery Solutions SA, company with registered address in Bucharest, str. Gara Herastrau no. 6, Globalworth Building, floors 6 and 7, District 2, Romania, registered with the Trade Register under no. J40/7031/2008, with VAT code RO23743772, phone: 021-637.06 (hereinafter referred to as „Sameday”) and the mobile app User.
1.2. The User is also asked to take note of the “General Conditions for the Provision of postal services of Delivery Solutions SA”, which can be found on the website https://sameday.ro/termeni-si-condiții/.

2. Object and period of the T&C
2.1. The T&C object is represented by the provision of the Sameday App mobile app and the use of the functions offered via this application to the User.
2.2. The main functions of the Sameday App that can be accessed by the User, consist of providing information on Sameday services, as well as creating transport documents that accompany postal items and dispatches, hereinafter referred to as “AWB”, placing orders for picking up postal items and dispatches, the rate and cost calculator, the map of Sameday access and contact points, tracking, as well as updated information on Sameday logistics.
2.3. Within a legal meaning, these T&C establish the legal relation between Sameday and the User, having the value of a contract – based on the provisions of Art. 1116 of the Romanian Civil Code – which is deemed accepted and which enters into force on the date the User, via a device, accesses the Sameday App.
2.4. The period of the legal relation between the Parties is indefinite.
2.5. The termination T&C scope occurs in the case the User removes the Sameday App from the device or in the case Sameday restricts the User’s access to the application, in the event that Sameday finds that the User has breached any of the provisions of these T&C.

3. Access and authentication in the Sameday App mobile app
3.1. To access the Sameday App, the User must meet the following conditions:
a) must have a smartphone
b) must have a phone number registered in a mobile phone network
c) the mobile phone must have an Internet connection.
3.2. Access to the Sameday App will take place after the User has accepted the following permissions: the User’s GPS location/parameters (access is required to have access to Sameday locations), notifications (to allow receiving them), as well as “read SMS” (which allows the automatic copying of the registration SMS) etc.
3.3. Users who are Sameday Clients, holders of accounts in the eAWB platform, will log in to the mobile app using the credentials for the platform.
If the Sameday App Users do not have an account in the eAWB platform, to access the app, they have the following two options:
– to access the mobile app without authentication and to have limited access to the features of the mobile app
– to create a new account in the Sameday App, the new account created being “occasional selfAWB” type.
3.4. The functions of the Sameday App is described in the “Application tutorial”, available in the app menu.

4. Sameday access and contact points
4.1. Map location is only possible if the User activates the location option on the mobile device used.

5. The User’s rights, duties and obligations
5.1. The User will use the Sameday App only for the purpose of these T&C.
5.2. The User is responsible for determining to what extent the services provided through the mobile app are suitable and meet specific legislative, legal and other requirements regarding data protection and security, as well as for independently determining to what extent the use of the services offered under this agreement is allowed for the purpose intended by the User. The Sameday App does not include any legal instructions in this regard.
5.3. The User is responsible for own activities, especially in relation to the information, data and content that the User or a third party attributable to the User uploads when using the Sameday mobile app.
5.4. The User will make sure that the use of the mobile app does not have negative effects for Sameday, for the companies associated with Sameday in the group it is a part of or for any other third parties. As a result, the User is prohibited from using the services offered by Sameday for illegal purposes and/or in particular:
i) to store content prohibited by law and to transfer or make such content available to third parties;
ii) to upload illegal or unethical content into the system or to transfer or make such content available to third parties, including references to such content.
5.5. The User has the right, after installation, to access and use the Sameday App, without these determining any assignment or transfer of intellectual or industrial property rights, total or partial, temporary or definitively, from Sameday to the User, Sameday owning all the rights over the mobile platform.
5.6. By accessing the Sameday App, the User has a temporary right of non-exclusive license over the mobile platform and the software, only during the use of the mobile app.
5.7. The User undertakes to use the Sameday App only in compliance with these T&C and any applicable legal provisions.
5.8. The User undertakes not to provide, keep, use, send, disseminate within the Sameday App data or information with illegal, unethical content or that breaches the protection of another person’s personal data.
5.9. The User undertakes to be liable for any damage (direct or indirect) caused to Sameday, its agents or collaborators, and also to any third parties, through the non-compliant use and/or access of the Sameday App.
5.10. The User undertakes to be liable for any data and information provided, stored, used, sent, disseminated within the Sameday App mobile app.
5.11. The User undertakes to be liable for the method, purpose and results of accessing and using the Sameday App.
5.12. The User undertakes to observe the intellectual property rights of Sameday over the Sameday App.
5.13. The User declares that he/she will not hold Sameday responsible for any non-compliant use by the User of the Sameday App and/or for any negative result or consequence arising from such a non-compliant use.

6. User’s rights regarding the use of the software
6.1. Upon installation of the Sameday App, the User receives a non-exclusive, non-transferable and non-sublicensable right to use the software related to the mobile app.
6.2. The User has no right to alter, adapt, translate or otherwise vary the Sameday App software or to connect it to other software programs.
6.3. The User will compensate Sameday against any claims of third parties, issued against Sameday as a result of the User’s breach of the obligations established in the T&C or as a result of other actions of the User or of a third party that can be attributed to the User.

7. The rights, duties and obligations of Sameday
7.1. Sameday has the right to make the Sameday App available to the User provided that the provisions of these T&C are observed.
7.2. Sameday reserves the right to alter, add, remove, suspend or stop, in whole or in part, certain functions and features offered by the Sameday App at any time, without prior notification to the User and without asking for his/her consent.
7.3. In the event of a culpable breach of the provisions of these T&C by the User or by any third party that can be attributed to the User, Sameday reserves the right to temporarily suspend the mobile app, in whole or in part.
7.4. Sameday does not guarantee that the User’s access to the Sameday App will be uninterrupted or error-free.
7.5. Sameday undertakes to provide the User with the best quality services via the Sameday App.
7.6. Sameday holds all intellectual and industrial property rights over the Sameday App, over the software and developments that underlie the mobile app.
7.7. By accessing and using the Sameday App, Sameday grants the User the temporary right to use the mobile app and, limited to the period of its actual use.
7.8. Sameday has the right to suspend or restrict the User’s access to the Sameday App if Sameday finds that the User has breached the T&C provisions.
7.9. Sameday does not guarantee the User the continuous and compliant operation of the Sameday App or its access by the User from any device that does not meet the conditions set out in Art.3.1., given that the mobile app can be influenced by factors independent of Sameday.
7.10. Sameday is not liable to the User for any kind of damage (direct or indirect) caused by a discontinuous and/or non-compliant operation of the Sameday App or the inability of the User – for reasons independent of Sameday – to access the mobile app.
7.11. Sameday is not liable to the User for any kind of damage (direct or indirect) caused by the alteration, addition, removal, temporary suspension (total or partial) of certain functions and features of the Sameday App that Sameday deems useful in the operation of the mobile app.
7.12. Sameday is not liable to the User for any incident or damages of any nature determined by the User’s use of devices/operating systems that are incompatible with the Sameday App.

8. Sameday liability and limitation of liability
8.1. The Sameday App is provided by Sameday to the User as it is (“as it is”).
8.2. Sameday does not guarantee the User the accessibility and operation of the Sameday App on any operating system used by the User.
8.3. Sameday does not take responsibility for the accuracy or incompleteness of the information provided in the Sameday App.
8.4. Sameday is under no circumstances liable for any damages resulting from the interruption of the Sameday App and/or delays as a result of events that cannot be foreseen and cannot be attributed to Sameday/its legal representatives, e.g. cases of force majeure and/or unforeseeable event.
8.5. Sameday is not liable for any situations that may arise in the use of the Sameday App that are due to defects, errors or non-compliance with the legal provisions that regulate the use of the application in general, and of telecommunications services, in particular.
8.6. The User is fully responsible for maintaining the confidentiality of the credentials used for accessing the mobile app and may not hold Sameday responsible if any person other than the User accesses his/her account.
8.7. The parties agree that the data and information obtained by accessing the app that are or will be known to them are deemed “confidential information”. Confidential information represents any information of a confidential nature (existing before or after the effective date of these T&C, regardless of how they are communicated to the parties, information referring to the activity, business, developments, rates, discounts, customised offers, trade secrets, prices, personnel, suppliers and customers of each of the Parties, including intellectual property, access credentials in the Sameday platforms (user, password), trademarks, patents, industrial models and designs and/or any other elements of intellectual and industrial property of any of the parties, together with all the information obtained from the above and any other information clearly indicated as confidential.
For the breach of confidentiality, the guilty party will be entitled to all compensations and remedies granted under a final court decision.

9. Sameday App User Agreement
9.1. The agreement for the use of the Sameday App comes into force when the User downloads and activates the mobile app, and the period for its use is indefinite.
9.2. Push notifications. If the User accepts to receive notifications through the Sameday App, he/she will be sent all existing categories of notifications (news, alerts, etc.), the User having the option to disable one or more categories of notifications from the “Settings” screen of the mobile application.
9.3. Redirecting to other websites. Sameday is not responsible for any third party websites linked by hyperlink to the Sameday App mobile app.

10. Governing law. Disputes
10.1. The provisions of these T&C are governed by Romanian law.
10.2. Disputes of any kind – between Sameday and the User – will be settled amicably, otherwise, the disputes will be settled by the competent courts at the Sameday headquarters.