GENERAL CONDITIONS

GENERAL TERMS

 

GENERAL TERMS AND CONDITIONS FOR ACCESS AND USE OF

 

THE PLATFORM "BUSUP"

 

1. PURPOSE

 

1.1. Access and use of the Computer Platform named BusUp (hereinafter the

"Platform") is offered by the Spanish company “BusUp Technologies SL”,

with registered offices at Avenida de la Marina, no. 1, zip code 08830, Sant

Boi de Llobregat, Barcelona, registered in the Trade Register of Barcelona, in

Volume 45.859, book 192, Page B-493484, with Tax Identification no.

B66864307 (hereinafter "BusUp"), which operates in Portugal through its

subsidiary “BusUp Portugal Mobility, Unipessoal, Lda”, with registered offices

at Rua das Abóbodas, n.º 13, 3ª, Queijas, Oeiras and Tax Identification no.

514790369.

 

1.2. For any questions or doubts related to the access and use of the Platform or

related to the present Terms and Conditions of Access and Use (hereinafter the

"Terms and Conditions"), an email including the request and contact details

may be sent to: suporte@busup.com. Alternatively, the request and contact

details may be sent directly to BusUp by ordinary post to the following

address: Avenida de la Marina, 1, 08830, Sant Boi de Llobregat, Barcelona,

España.

 

1.3. For the purposes of the present Terms and Conditions, the user will be

understood as any person that accesses and browses the Platform, regardless of

whether said access is made and formalized by completing registration forms,

and/or any person that uses any of the services offered via the Platform,

whether free of charge or subject to payment of a specific amount (hereinafter

"User").

 

2. ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS BY

THE USER

 

 

2.1. Access and browsing of the Platform automatically implies the express

acceptance of the present Terms and Conditions by the User; therefore, Users

that access and browse the Platform are exclusively responsible for complying

with and respecting the Terms and Conditions. If you do not agree with the

considerations detailed in the Terms and Conditions, it is recommended that

you refrain from using the Platform, since any use that you make of the

Platform, or any services, tools or contents included therein, will imply express

acceptance of the legal terms set forth in this document.

 

2.2. To ensure the highest degree of efficiency of use of the Platform, BusUp may

deny or restrict the access of Users who do not respect the present Terms and

Conditions, without the need to give prior notice.

 

2.3. The present Terms and Conditions may be modified by BusUp at any time

without prior notice, whenever it is deemed convenient, appropriate or

necessary to optimize and/or regulate access and use of the Platform. Once the

aforementioned modification has been made, if the User continues to access

and use the services, contents or tools of the Platform, it will be understood that

said modification is accepted; otherwise, you should refrain from using the

Platform.

 

2.4. Therefore, BusUp may offer, via the Platform and/or the email address

provided by the User in the relevant registration form, collective or individual,

temporary or special promotional offers, addressed to a certain type of Users,

applicable to its services. Promotional offers will be clearly identified and

explained, together with the necessary conditions to access them, and express

mention of excluded circumstances. Temporary promotional offers will prevail

over these Terms and Conditions so that the latter does not conflict with the

former, and the provisions of the present Terms and Conditions will remain in

effect in all areas that do not contradict the said promotional offers.

 

2.5. Without prejudice to the present Terms and Conditions, BusUp may establish

certain special conditions, which must be complied with in order to access and

 

use certain services offered via the Platform. In case of special conditions

being established, and if they conflict with the present Terms and Conditions,

the special conditions will prevail, and the provisions of the present Terms and

Conditions will remain in effect in all other points that do not contradict the

special conditions.

 

2.6. In addition to the present Terms and Conditions, to access and use the

Platform, the User must first accept the Privacy Policy, available for review in

the Platform, as well as the clause that authorizes BusUp to process their the

personal data.

 

3. BRIEF DESCRIPTION OF THE PLATFORM AND INTENDED USE

 

3.1. The Platform is set up as a technological platform, aimed at both desktop and

mobile devices, with the purpose of providing platform Users with access and,

where applicable, reservation and hiring (hereinafter "Technology Services"),

of discretionary passenger road transport services (hereinafter "Transport

Services"), whose technical implementation shall be fulfilled by third-party

transportation entities that are independent from BusUp (hereinafter

"Transport Operators").

 

3.2. To facilitate the hiring of Transport Services, the Platform offers Users a set of

technological tools enabling them to send requests for Transport Services, set

up filter preferences, and to receive requests from BusUp, among other

functions.

 

3.3. In addition, Users will have access to a varied range of suppliers, products and

services, which, where appropriate, BusUp may decide to offer at any time. In

case Transport Services is hired through the particular webpage of a supplier,

product or specific service created for that purpose, the contract will be

governed by the specific terms and conditions that will be defined individually

for the webpage. These specific terms and conditions will prevail, without

prejudice, over the present Terms and Conditions, being applicable to all

aspects that do not contradict the specific terms and conditions of each offer

and/or promotion of a supplier or specifically and individually offered product

or service.

 

3.4. Notwithstanding the foregoing, BusUp will be authorized to modify, at any

time and without prior notice, the contents and features of the Platform,

deleting, modifying, adding new contents or subjecting them to specific

conditions, as well as modifying its design, image, layout and configuration,

without bringing about any alteration to agreements or to the business

relationship between BusUp and the User.

 

3.5. To access the platform, you must have a desktop computer, mobile device

and/or tablet, with the necessary technical specifications and configuration for

the Platform to function properly, and Internet connection. Such connection

costs will be borne exclusively by the User.

 

3.6. If it is necessary to interrupt or modify the Technological Services of the

Platform, BusUp reserves the right to do so without prior notice or without

assuming any User or third-party liability.

 

4. TERMS OF USE OF THE PLATFORM

 

4.1. Contents

 

4.1.1. BusUp gives the User access, via the Platform, to a range of contents,

information and data related to Transport Services (hereinafter "Contents").

BusUp reserves the right to modify, at any time, the presentation, configuration

and location of the different sections of the Platform, as well as its Contents.

 

4.2. Access and use of the Platform

 

4.2.1. Access to the Platform is limited to legal persons over the age of fourteen (14)

years. Notwithstanding the foregoing, access to certain Contents and/or

participation in certain offers made available by BusUp may be limited to

persons of legal age or emancipated minors, according to the provisions of the

corresponding special conditions established for that purpose.

 

4.2.2. In general terms, the User may access the Platform freely and free of charge.

The User acknowledges and accepts that access and use of the Platform is

carried out freely and consciously, under its sole responsibility. Under no

circumstances will BusUp be liable for the use that the User and/or thirdparties

make of the Platform, or of any damages incurred deriving from such use.

 

4.2.3. The appropriate behavior of Users is an essential element for the proper

functioning of the Platform and the successful operation of the Transport

Services. The User declares under its own responsibility that it will act in

compliance with the applicable regulations, in a responsible, respectful and

diligent manner, and in total good faith.

 

4.2.4. Below is a description of the code of conduct that Users must comply with to

access and use the Platform, as well as the Transport Services, and Users are

hereby advised that compliance with the following provisions is an essential

condition for using the Platform, and, in turn, the effective provision of the

Transport Services.

 

4.2.5. The User is expressly prohibited to engage in the following conducts:

 

a) Use the Platform in a manner that conflicts with the principles

established in the present Terms and Conditions.

 

b) Use the Platform in a non-authorised or fraudulent manner.

 

c) Use the Platform for purposes other than those for which it is intended.

 

d) Access or try to access restricted resources of the Platform.

 

e) Use the Platform for purposes that are illicit, illegal or contrary to the

provisions of the present Terms and Conditions, good faith and public

order, harmful to the rights and interests of third parties, or which may in

any way damage, disable and/or overburden, or prevent the normal use or

enjoyment of the Platform.

 

f) Cause damage to the Platform or the systems of its providers or any other

third parties.

 

g) Use the Platform in any way which could cause damage, interruption,

inefficiency or defect to its functionality, on a third-party computer or the

Platform.

 

h) Introduce or spread computer viruses or any other physical or logical

systems that are capable of causing damage to the systems of BusUp,

Users and / or any other third party.

 

i) Use the platform for the transmission, installation, or the publication of

any viruses, malicious code or other programs or harmful files, or any

material of a defamatory, offensive, racist, vulgar, degrading,

pornographic, or of obscene or menacing nature, or which may cause

annoyance to any person.

 

j) Attempt to access, use and/or manipulate the data of BusUp, Users or any

other third party.

 

k) Reproduce or copy, distribute, enable public access through any form of

public communication, transforming or modifying Contents, unless

authorization is granted from the relevant copyright holder or it is legally

permitted.

 

l) Obtain or attempt to obtain contents using means or procedures other

than those which, depending on the case, have been made available for

this purpose.

 

m) Register and/or create false identities on the Platform, acting on behalf of

third parties without the sufficient power or legitimacy and/or

impersonating another person’s identity.

 

n) Violate the rights of third parties, in particular, industrial and intellectual

property rights.

 

o) Fail to tell the truth, falsify documents, signatures, violate laws,

regulations or applicable rules.

 

p) Manipulate or alter the tools of the Platform to trade with third parties or

other Users in a manner other than that stated in the present Terms and

Conditions.

 

q) Fail to observe the rules and default processes for accessing and using the

Platform, employing methods that may cause damage to the Platform or

third-party systems.

 

r) Express opinions, comments or statements in public forums of the

Platform that BusUp makes available to Users, which may be offensive,

humiliating, insulting, defamatory, illegal or cause any type of damage or

harm to natural and legal persons. Under no circumstances will BusUp be

responsible for any of these views, comments or statements.

Notwithstanding the foregoing, BusUp will adopt the necessary

corrective measures at its disposal to prevent or eliminate these opinions

or statements, with the understanding that the technology and media

available to BusUp does not allow for constant monitoring and

surveillance of the contents of the public forums.

 

s) Use the Platform in a way that constitutes a violation of the rights of

BusUp and/or any third party.

 

t) Carry out communications on behalf of BusUp.

 

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u) Use the platform to transmit advertising or promotional material,

including spam, chain emails, or similar. The User is not authorized to

make reference to commercial offers.

 

v) Access without authorization to any section of the Platform, other

systems or networks connected to the Platform, to any BusUp server, or

to the Transport Services offered by the Platform, via piracy and forgery,

password mining, or any other illegitimate means.

 

w) Breach, or try to breach, the security or authentication measures of the

Platform or any connected network.

 

x) Take any action that causes disproportionate or unnecessary saturation of

the Platform infrastructure, or of BusUp systems and networks, as well as

systems and networks connected to the Platform.

 

y) Prevent the normal implementation of any activity available through the

Platform or any of its features, whether by altering or trying to alter,

illegally or otherwise, the access, participation or functioning, falsifying

the outcome and/or using fraudulent methods of participation, by means

of any procedure and/or practice that threatens or violates, in any way,

the legality and/or the present Terms and Conditions.

 

4.2.6. The User expressly agrees and undertakes not to use the Platform or

manipulate or alter its tools to transmit information or marketing material,

products or services of any kind or nature that is illegal, offensive or

defamatory, or to trade with third parties or other users in a manner different

from that stated in the Terms and Conditions.

 

4.2.7. In the event the User has access to confidential information, it undertakes to

use it exclusively for the purposes for which said information has been

disclosed, always respecting said confidentiality. Therefore, the User

undertakes to not use the Platform to collect personal data of other Users;

 

 

4.2.8. The User may only access the platform via the means authorized at any time by

BusUp for this purpose. It is the exclusive responsibility of the User to ensure

that it has downloaded the correct Platform to its mobile device and/or

computer.

 

4.2.9. Under no circumstances will BusUp be held liable for the User not having a

compatible device or having downloaded a version of the Platform that is

incompatible with their device.

 

4.2.10. BusUp, at its own discretion, may terminate access to the Platform,

immediately, and without prior notice, if the User's conduct does not comply

with the present Terms and Conditions.

 

4.2.11. To gain access to the Platform, it is necessary to have a device with the

required technical specifications and configuration for the proper functioning

of the Platform, as well as an Internet connection. Costs related to the

aforementioned Internet connection shall be borne exclusively by the User,

who will also be solely responsible for having the necessary means to access

the Platform.

 

4.3. Registration: Obtaining a User account

 

4.3.1. To access the Platform, the User must have been previously registered

according to the instructions indicated therein, through the home screen that

provides access to the Platform, and the corresponding online registration form

should be completed, or alternatively, by linking your User account of the

Platform with your Facebook social network account, or with any other social

network authorized by BusUp for this purpose (hereinafter the "User

Account").

 

4.3.2. Whether the User Account is created by completing the registration form or by

linking it to a Facebook User account, or to any other social network

authorized for this purpose, BusUp will have access to certain information and

data.

 

4.3.3. In any case, the User Account will be linked to the login information

comprising an email and password (hereinafter "Login Information"), which

will be used after the User Account has been created to log in to the Platform

and to access the Transport Services.

 

4.3.4. The User guarantees, under its exclusive responsibility, the accuracy and

veracity of the information provided to the Platform, which should be kept

updated at all times, expressly exempting BusUp of any consequences and/or

damages that any inaccuracy or falsehood may cause to third parties or the

User.

 

4.3.5. User Login Information is completely individual and non-transferable,

assigned singly and exclusively to the relevant User according to the personal

identity data provided in the registration process, being the User liable towards

BusUp and towards any other third party for the correct use, loss and non-

transmission or disclosure to third parties, legal and/or natural persons, who are

not the aforementioned User, unless such person is authorized by the User to

contract on their behalf.

 

4.3.6. In the event of any loss or theft of Login Information, unauthorized use of the

Platform or corresponding codes, as well as any other case of breach of

security of the Platform of which the User is aware, the User undertakes to

immediately notify BusUp of the incident. In this case, the User may request to

be provided with another identification code and password to log in to the

Platform.

 

4.3.7. BusUp assumes no obligation and does not hold the technical means to check

the identity of the persons registered on the Platform. Therefore, under no

circumstances will BusUp be held liable in the event of User identity theft.

 

4.3.8. BusUp reserves the right to reject, at its own discretion, any application for

registration whose content is not suitable for the purpose of the Platform, as

well as to unsubscribe and delete any User account that does not comply with

any of the obligations set forth in the present Terms and Conditions, and, in

such case, the User will not be entitled to make any claims against the deletion

of the account.

 

4.3.9. After providing its Login Information, the User accepts the responsibility to

comply with the rules and conditions set forth in the applicable legislation,

including, but not limited to, legislation on data protection and provision of

information society services, exempting BusUp from any liability should the

User fail to meet the above rules and conditions.

 

4.3.10. In the case of loss of the password associated with the User Account, the User

may request a change of password. To request a change of password, the User

must enter the section “Forgot password?” at the time of login. Upon entering

this section, the User must enter the email address associated with the User

account, and it will receive an email with a new password to log in to the

Platform.

 

4.3.11. BusUp may, at any time and at its sole discretion, block or cancel any User

Account, with immediate effect and without prior notice, for any breach of the

provisions set forth herein, as well as reject a new registration, being the Users

liable for any losses or damages caused by the breach of the present Terms and

Conditions.

 

5. GENERAL CONTRACT CONDITIONS

 

5.1. Liability

 

5.1.1. While the technical implementation of the Transport Services will be carried

out by the aforementioned Transport Operators, direct liability for the effective

provision of the Transport Services hired by the Users through the Platform

will fall upon BusUp. However, BusUp is not liable for any breach that is not

directly attributable to the Transport Operators or produced by unforeseen

circumstances, force majeure, and/or due to meeting legal or administrative

requirements. Moreover, BusUp is not liable for missed connections of

transports, provided by BusUp or by third parties.

 

5.1.2. All the foregoing shall be understood without affecting the liability or changing

the rights of the User, which, where applicable, may be inherent to its

consumer status and may not be excluded according to the current applicable

law.

 

5.1.3. BusUp undertakes to require Transport Operators to comply with safety and

labor requirements, in accordance with the current legislation of the countries

in which it operates.

 

5.1.4. To this end, BusUp undertakes to require Transport Operators to comply with

the mandatory requirements of the transportation sector, in accordance with the

applicable laws and regulations, from time to time, and in particular the

following requirements:

 

a) Have documentary proof of having passed the vehicle inspection test for

the vehicle used to provide the relevant Transport Service.

 

b) Have the registration certificate for the vehicle used to provide the

relevant Transport Service.

 

c) Have the necessary insurance policy for the motor vehicle used to

provide the relevant Transport Service.

 

d) Have an unlimited passenger and civil liability insurance policy for the

vehicle used to provide the relevant Transport Service.

 

e) Have the necessary authorizations for the effective provision and

execution of the Transport Service.

 

5.1.5. In the event that, due to the breakdown of the assigned vehicle, the Transport

Service hired by the User is interrupted or delayed for reasons directly

attributable to the Transport Operator, BusUp will be liable for resolving the

incident, by replacing the affected vehicle in the shortest possible time.

 

5.1.6. Liability for damages or losses caused to the luggage of the Users of the

transport will be determined, limited and quantified in accordance with the

applicable laws related to people’s rights when using transportation by bus.

 

5.1.7. Under no circumstances with BusUp be liable for any robbery or theft of Users'

personal effects that may occur before, during, or after the effective provision

of the Transport Services.

 

5.1.8. BusUp expressly undertakes to require that Transport Operators respect the

departure/start times of the Transport Services hired by the Users. Therefore,

boarding the assigned vehicle for the Transport Services will not be permitted

once the start/departure time for the scheduled Transport Service has passed.

For this reason, BusUp recommends Users to arrive at the stop indicated by the

relevant Transport Service at least fifteen (15) minutes in advance.

 

5.1.9. Users with a reduced mobility status must notify BusUP of this situation prior

to requesting the booking, so that the possibility and feasibility of the journey

may be assessed according to its features.

 

5.1.10. For these purposes, a person with reduced mobility is understood as any person

whose mobility to participate in the journey is reduced due to a physical

disability (sensory or locomotor, permanent or temporary), disabilities or

intellectual impairment, or any other cause of disability, or due to its age, and

whose situation requires the suitable assistance and adaptation for their specific

needs of the service made available to other participants of the journey.

 

5.2. Type of services

 

5.2.1. Among its services, BusUp will provide on-demand collective Transport

Services (hereinafter, "On-Demand Routes"), organized by the User that

creates the transport route (hereinafter, the "Route Organizer"). In this case,

the Route Organizer may, among other services, create, reserve and pay for

On-Demand Routes, as well as invite passengers to join the route, share the

payment with them, and manage the payment collection for the shared service.

 

5.2.2. Notwithstanding the foregoing, when it is deemed appropriate, BusUp may

also create default routes for specific events, (hereinafter "Default Routes"). In

this case, the Default Routes created by BusUp will appear in the BusUp

Platform, and Users can reserve these routes by making a direct payment for

the Transport Service.

 

5.3. Special Clients with Customized Contracts

 

5.3.1. BusUp may enter into contracts with natural and / or legal persons who, by the

nature and volume of their transportation needs, are interested in and wish to

benefit from, for themselves or for potential third party users of the Platform,

customized Transportation Services provided by BusUp ( hereinafter referred

to as "Special Clients"), including, but not limited to, the establishment of

specific terms for the creation, management and marketing of default

transportation routes for events and the special configuration of the Platform

(hereinafter "Customized Contracts").

 

5.3.2. The execution of Customized Contracts with BusUp by Special Clients

automatically implies the express acceptance of these Terms and Conditions.

 

5.3.3. Special Clients are required to comply with these Terms and Conditions and to

respect them under their exclusive responsibility, whenever this is not contrary

to or inconsistent with the terms and conditions of the Customized Contracts

entered into with BusUp, the Policy of Privacy available on the BusUp

Platform, with the specific terms and conditions and privacy policies that are

created for such Customized Contracts or any applicable legal provision.

 

5.4. Reserving On-Demand Routes via the Platform

 

5.4.1. If a Transport Service is hired (and paid for, or, where appropriate, booked)

more than seven (7) calendar days prior to the start date of the service, the

selected route of the specific Transport Service will be automatically

confirmed, and, as necessary, its effective implementation will be

automatically guaranteed. However, in the event that the Transport Service

reserved through the Platform in the aforementioned period is not paid for at

least more than seven (7) calendar days before the start date of the service, the

selected route will be automatically canceled.

 

5.4.2. The User may not hire a Transport Service less than seven (7) calendar days

prior to the start date of the service. In this case, the User must consult BusUp,

either by telephone or email, via the number or contact address provided by

BusUp to the User for that purpose.

 

5.5. Passengers

 

5.5.1. The number of transported passengers must not exceed the number of

authorized seats in the vehicle reserved for each specific Transport Service,

which means that all minors are included in the total number of transported

passengers.

 

5.5.2. Children under the age of eighteen (18) years may travel alone, under the

responsibility of their parents and/or legal guardians. When over fifty percent

(50%) of the vehicle's capacity comprises minors under eighteen (18) years of

age, they must be accompanied by at least one adult. In all of these cases,

BusUp reserves the right to request the corresponding authorizations issued by

the parents or legal representatives of the minors, as well as to deny boarding

to any minors that do not have said authorization.

 

5.5.3. In the case of On-Demand Routes, the Route Organizer may send invitations

by means of an authorization code supplied previously by BusUp to the Route

Organizer (hereinafter, the "Invitation Code") to those travelers (hereinafter,

the "Guest Users") that wish to use the Transport Service created by the Route

Organizer, until the capacity of the vehicle associated with the aforementioned

Service has been filled. In these cases, BusUp will not be liable for the

improper use of the invitations, in such a way that it will consider the capacity

of the Transport Service closed once it has been filled by Users via the

Platform. To avoid potential problems, the Route Organizer will be responsible

for properly managing the sending and eventual use of the Invitation Codes.

 

5.5.4. BusUp reserves the right to deny transport to a traveler if it considers that:

 

a) it is necessary or convenient for reasons of public safety;

b) it is necessary or convenient in order to comply with the applicable laws

or regulations in the country of origin, destination or stop;

c) it is necessary or convenient due to the behavior, state, age or mental or

physical condition of the passenger;

d) it is necessary or convenient to avoid damage, discomfort or serious

inconvenience to other passengers or the driver;

e) it is necessary or convenient because the passenger has previously and

repeatedly failed to comply with BusUp rules and regulations;

f) the passenger has presented a document:

 

i. suspected of being acquired in an illegal manner,

ii. that has been reported as lost or stolen, or

iii. that is suspected to be false or contains modifications or

alterations of any kind not made by the carrier.

 

5.6. Non-smoking policy

 

5.6.1. It is absolutely forbidden to smoke in the vehicles in which BusUp provides its

Transport Service.

 

5.7. Luggage

 

5.7.1. For each journey, the User has the right to transport, free of charge, up to a

maximum of twenty-five (25) kg of luggage

5.7.2. Regarding the dimensions, an exact maximum size is not stipulated, however,

the sum of the three sides (length, width and height) must not exceed 158 cm

under any circumstances (length + width + height < 158 cm max.).

 

5.7.3. Transporting bicycles, surfboards, skis, and other large objects, will be subject

to the availability of space in the assigned vehicle of the Transport Operator for

the relevant transport.

 

5.7.4. For this reason, BusUp provides Users with an email address to check the

availability of space for this type of baggage: suporte@busup.com.

 

5.7.5. It is forbidden to transport any animal in the passenger compartment, except

for assistance dogs. To transport small pets, it is necessary to consult in

advance by email, to the email address indicated in the previous section.

 

5.7.6. BusUp will not be liable for any physical or psychological damage that the trip

may cause to animals that travel inside the vehicle.

 

 

5.8. Payment and billing conditions

 

5.8.1. The total price of the specific Transport Service hired through the Platform will

be communicated to the User via the Platform, prior to the reservation and

payment process of the aforementioned Transport Service, for its effective

confirmation and validation by the User.

 

5.8.2. The cost of the Transport Service hired through the Platform will be

automatically charged through the Platform, at the moment in which the User,

or, where applicable, the Users, confirm the payment, using the information of

the credit or debit card provided through the payment gateway incorporated in

the Platform.

 

5.8.3. For On-Demand Routes, payment of the cost of the Transport Service reserved

by the User via the Platform may be made in full by the User who made the

reservation, that is, the Route Organizer User of each specific Transport

Service, or alternatively, the cost of the Transport Service may be divided

among the passengers who will make the specific trip.

 

5.8.4. In the event that the Route Organizer User pays the entire amount for the

Transport Service, he/she will pay the amount calculated by the algorithm of

the payment gateway integrated in the Platform for this purpose.

 

5.8.5. If the amount to be paid for the Transport Service is divided between the

different passengers, the Route Organizer will establish the number of

passengers that will be part of the Transport Service, and then the algorithm of

the Platform will calculate the corresponding price per passenger. In this case,

the Route Organizer may or may not display the status of passenger in the

relevant Transport Service, and must specify the status at the time of

establishing the number of passengers and the price per person.

 

5.8.6. Therefore, once the price per passenger for the corresponding Transport

Service has been calculated, the Route Organizer may establish a price per

passenger that is different from that calculated by the algorithm, by which

means the Route Organizer may obtain a profit margin, which will also be

calculated using the Platform algorithm.

 

5.8.7. The aforementioned profit margin will only be paid by BusUp to the Route

Organizer in case of effective execution of the trip booked and organized by

the Route Organizer.

 

5.8.8. Once the route has been created, with its corresponding payment method, the

Platform will supply the Invitation Code to the Route Organizer, so that other

Users that are going to be passengers of the route created by the

aforementioned Organizer, may: (i) join the route, (ii) obtain all the details

related to the route, and (iii) pay their proportionate part of the price for the

Transport Service, according to that established by the Route Organizer.

 

5.8.9. Notwithstanding the foregoing, whenever it is deemed appropriate, BusUp may

create Default Routes for specific events. In this case, the Default Routes

created by BusUp will appear on the BusUp Platform and Users may reserve

them by making a direct payment for the Transport Service.

 

5.8.10. In the case of the Default Routes created by BusUp, these may only be

reserved by making the effective payment for the cost of the Transport

Services.

 

5.8.11. The Default Routes may be cancelled by BusUp with a minimum previous

notice of seven (7) calendar days before the departure date, if the minimum

percentage of occupancy of the Default Route has not been reached within the

relevant term set forth by BusUp for this purpose. In case of cancelation,

BusUp must reimburse the price paid by the User at the time of booking, the

User or third parties not being entitled to any other compensation.

 

5.8.12. Likewise, BusUp must provide information on the Platform, at all times,

regarding the status of the default BusUp route (confirmed/unconfirmed),

according to the level of occupancy of the abovementioned route.

 

5.8.13. In any case, Users must make payments by credit or debit card (American

Express, Visa, Maestro, MasterCard, UnionPay, ATM and/or MB Way), being

these the only accepted means of payment on the Platform.

 

5.8.14. In accordance with the provisions of the Privacy Policy, the debit or credit card

details provided in the registration form of the User Account will be sent to the

supplier of the payment gateway, responsible for storing the data of each User.

 

5.8.15. Hence, the User agrees and expressly undertakes to comply with the terms and

conditions of use and privacy policies for third-party websites that, when

necessary, are accessed through links provided via the Platform.

 

 

5.8.16. Likewise, all offers and discounts, as well as their conditions of use, will be

made available on the Platform. BusUp reserves the right to restrict use and to

recover the amount related to offers, invitations and discounts from those Users

who make an inappropriate, illegal or abusive use of the same.

 

5.8.17. Users are strictly forbidden for a User to create different accounts on the

Platform, or to share an electronic payment method with other Users, in order

to illegally benefit from discounts and invitations, which may result in the

temporary or permanent cancellation of the Platform User Account, as deemed

appropriate by BusUp in each case.

 

5.8.18. Invitations and discounts become invalid three (3) months after being issued. In

addition, BusUp expressly reserves the right to modify the initial Terms and

Conditions for offers and discounts at any time. For all purposes, it should be

noted that the value of the invitations or discounts may, if applicable, be

limited to certain categories of vehicles.

 

5.8.19. The User expressly authorizes BusUp to issue the relevant invoices for

Transport Services electronically in PDF format, and to further send the

invoices by email. Consequently, the aforementioned invoices will be sent to

the email address provided by the User in the registration form on the Platform.

 

5.8.20. However, Users may withdraw this authorization at any time by emailing

accounting@busup.com, and requesting the issuance and receipt of the

corresponding invoice in paper format, free of charge.

 

5.9. Cancellations and Refunds

 

5.9.1. The Route Organizer may cancel an On-Demand Route at any time. Depending

on the time that the cancelation order is made, the Route Organizer may or may

not be entitled to a full or partial refund of the price of the Route.

 

5.9.2. In the event that the Route Organizer has the right to receive a refund of the

price of the Transport Service of an On-Demand Route with a one-time

payment, BusUp undertakes to effect the refund to the Route Organizer within

a period of fifteen (15) calendar days immediately after receipt of the

cancellation request.

 

5.9.3. In the event that the Route Organizer has the right to receive a refund of the

price of the Transport Service of an On-Demand Route with shared payment,

BusUp undertakes to effect the refund to all Guest Users and to wthe Route

Organizer, who have made the payment of the Route, within a period of fifteen

(15) calendar days immediately after receipt of the cancellation request.

 

5.9.4. In the event that the Route Organizer requests cancellation of the Transport

Service of an On-Demand Route, at least forty-eight (48) hours prior to the

departure time of the aforementioned Transport Service, by sending an email to

suporte@busup.com, he/she is entitled to receive from BusUp a one hundred

percent (100%) refund of the price of the relevant Transport Service, and a one

hundred percent (100%) refund of the profit margin that may have been

applied.

 

5.9.5. In the event that the Route Organizer requests cancellation of the Transport

Service of an On-Demand Route, less than forty eight hours (48) and until

twenty-four (24) hours prior to the departure time of the aforementioned

Transport Service, by sending an email to suporte@busup.com, he/she is

entitled to receive a refund from BusUp of up to fifty percent (50%) of the

price of the relevant Transport Service, and a one hundred percent (100%)

refund of the profit margin that may have been applied.

 

5.9.6. In the event that the Route Organizer requests cancellation of the Transport

Service of an On-Demand Route, less than twenty-four (24) hours prior to the

departure time of the aforementioned Transport Service, by sending an email to

ssuporte@busup.com, he/she will not be entitled to receive any refund of the

price of the relevant Transport Service, but he/she will have the right to receive

a one hundred percent (100%) refund of the profit margin that may have been

applied.

 

5.9.7. Any refunds or returns of the price of the Transport Service or profit margin

will include a deduction of the management costs, which may vary according

to the amount and the rates applied by the provider company of the payment

gateway.

 

5.10. Default Routes

 

5.10.1. No returns or claims of refund of any kind will be accepted for the purchase of

tickets of Default Routes.

 

5.11. Changes

 

5.11.1. The User that purchases a Transport Service of an On-Demand Route will have

the right to make a change to the date, time and/or vehicle for the relevant

Transport Service, if the aforementioned change request is made more than

twenty-four (24) hours prior to the departure time of the aforementioned

Transport Service, and is sent by email to suporte@busup.com. These changes

will not entail any surcharge and/or commission, all of the foregoing without

prejudice to payment of the difference that, where applicable, could exist

between the price of the relevant Transport Services.

 

5.11.2. Likewise, BusUp reserves the right to modify, at any time, the schedules, route

and stops of the Default Routes. However, BusUp undertakes to notify Users in

advance of any modification, more than twenty-four (24) hours prior to the

departure time of the aforementioned Transport Service.

 

6. PROTECTION AND OPERATION OF THE PLATFORM

 

6.1. BusUp will keep the Platform operational throughout the year, twenty-four

(24) hours a day, to the extent that the state of technology permits.

 

6.2. Likewise, BusUp reserves the right to totally or partially modify or interrupt

access to the system temporarily, in whole or partially, when required to do so

by the maintenance, updating or repair of the system or Internet server, without

the need to notify the User.

 

6.3. If the User detects any anomaly, third-party interference, system or operation

errors of the Platform, they must notify BusUp immediately so that the issue

can be solved.

 

7. LINKS BETWEEN WEB PAGES AND COOKIES

 

7.1. Any people or entities that intend to establish a hyperlink between their website

and the Platform (hereinafter, the "Hyperlink") must fulfil the following

conditions:

 

7.2. The Hyperlink will only allow access to the home page of the Platform, but

under no circumstances may it replicate it in any way.

 

7.3. A "frame" may not be created on the pages of the Platform.

 

7.4. There will be no false, inaccurate or incorrect statements or claims about

BusUp, its directors, employees, or the Technology or Transport Services

offered via the platform.

 

7.5. There will be no statements or implications that BusUp has authorized the

Hyperlink or that it has supervised or assumed in any way the corresponding

Technological and/or Transport Services offered or made available, in each

case, on the website where the Hyperlink is established.

 

7.6. Apart from the signs that form part of the Hyperlink, the web page on which

the Hyperlink is established shall not contain any trademark, trading name,

business sign, name, logo, slogan or any other distinctive sign belonging to

BusUp.

 

7.7. The web page on which the Hyperlink is established shall not contain any

illegal, immoral or indecent information or content, according to good customs

standards and public order, nor shall it contain any content that violates the

rights of third parties.

 

7.8. The establishing of the Hyperlink does not imply, under any circumstance, the

existence of relations between BusUp and the owner of the website on which it

is established, nor does it imply that BusUp accepts and approves of its

contents or services.

 

7.9. BusUp provides Users with connections to links to facilitate access to

information, digital and/or Transport Services, and to other contents available

on the Internet. The connections and links provided on this Platform may direct

the User to other websites and web pages managed by third parties, over which

BusUp does not have any type of control.

 

7.10. BusUp assumes no obligation to monitor or verify the information or content of

the other websites or web pages that may be accessed through existing

Hyperlinks on the Platform.

 

7.11. BusUp exclusively assumes the obligation to remove from the Platform, as

soon as possible, any information, content or services that violate any

applicable regulations in accordance with current legislation. The Hyperlinks

that may be contained on this website are provided exclusively as references of

information, without any assessment being made of the contents, owners,

services or products offered via the links. Under no circumstances will the

aforementioned links be considered as endorsement, sponsorship, or

distribution by BusUp of the information, products and/or services, or, in

general, any contents owned, offered or in any way disclosed by third parties.

BusUp is exempt from any liability related to the services or products offered

by said third parties in relation to any claims of any nature and to any claims

that may be filed in relation to them.

 

7.12. The User expressly accepts that, in order to control User sessions, BusUp will

use cookies or browser monitoring software when Users browse the Platform,

and will store and process said cookies to obtain accurate knowledge and to

monitor the use of the Platform. More information in this regard, may be

reviewed in the Privacy Policy.

 

8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

 

8.1. The User expressly acknowledges, for all relevant purposes, that the

information, signs, images, designs, logos, animations, videos, texts, as well as

other elements and contents, including Technology Services and computer

applications, of the Platform are subject to industrial and intellectual property

rights owned by BusUp and/or third-party holders, who have duly authorized

their inclusion on the Platform, and therefore the User is not granted any rights

over said contents, except, where applicable, those that may be expressly

recognized.

 

8.2. Users accessing the Platform may view the information contained therein and

privately download or reproduce said content on their computer system,

provided that the copied elements are not subsequently transferred to third

parties or installed on a server connected to the Internet or a local network.

 

8.3. As a result, the User will not be entitled to, including but not limited to,

distribute, modify, transform, transfer, make available to the public, or carry

out any other activity that has not been expressly authorized with the

aforementioned elements and content, including the computer code of any of

the elements of the Platform.

 

8.4. The User will be directly responsible for all consequences, damages and losses

caused to BusUp and/or any third party due to violating any of the obligations

contained in this clause 8.

 

8.5. The User that sends any type of content to the Platform, expressly guarantees

that they possess all of the necessary rights to do so, exempting BusUp from

any liability for the content or legality of the supplied information.

8.6. The User acknowledges that BusUp has the right to modify the contents

inserted by him/her so that they are suitable and compatible with the technical

and aesthetic features of the Platform.

 

9. DATA PROTECTION

 

9.1. The personal data provided by the User in the User Account registration form

will be entered in a personal data file of which BusUp is the responsible entity.

This file shall be duly registered with the relevant authorities, when such

registration is legally required. For more information, please consult

the Privacy Policy.

 

10. WARRANTY AND LIABILITY DISCLAIMER

 

10.1. Notwithstanding the limitations established in the current legislation, BusUp is

not liable for damages of any kind, which may arise from the lack of accuracy,

completeness, timeliness, or errors or omissions that may affect the information

contained in the Platform, or other content that may be accessed originating

from sources other than BusUp.

 

10.2. BusUp is not liable for any damages or losses caused by the improper use of

the Platform by Users. Users must refrain from carrying out acts of any kind

that violate the applicable legislation.

 

10.3. BusUp will not be obliged to repair direct or indirect damages caused by

incomplete, incorrect and/or untruthful information, provided in the framework

of the Platform, nor is it responsible for the behavior of Users, including

potential infringements and/or insolvency situations that they may experience.

 

10.4. BusUp does not guarantee the availability, continuity or infallibility of the

operation of the Platform and, therefore, to the maximum extent permitted by

the current legislation, is not liable for damages of any kind that may arise

from the lack of availability or the continuity of the operation of the Platform,

and the technological services provided therein, as well as any errors in

accessing the different web pages or those from which, where applicable, said

technological services are provided.

 

10.5. BusUp does not assume any liability for computer damage or damages of any

other kind or nature that the Platform may eventually cause the User upon

accessing the Contents of the Platform. Consequently, BusUp does not

guarantee the absence of viruses or any other malware that may damage or

otherwise alter the computer systems, electronic documents, or User or third-

party files.

 

10.6. Notwithstanding, BusUp undertakes to take all reasonable action within its

power to eliminate said viruses or other malware, from the moment it becomes

aware of their existence.

 

10.7. Under no circumstances will BusUp be liable for any damages incurred due to

the User failing to comply with the present Terms and Conditions.

 

10.8. By subscribing to these Terms and Conditions, the User expressly declares and

guarantees to hold BusUp harmless, as well as its parent company, directors,

partners, employees, collaborators and advisors from any claims which may

arise from:

 

a) A violation by the User of the present Terms and Conditions, or of the

applicable regulations in the framework of the Platform and Transport

Services hired through the Platform.

 

b) A breach or violation by the User of any third-party rights, including but

not limited to, the rights of Transport Operator, drivers or pedestrians.

 

c) Misuse of the Platform by the User.

 

11. NOTIFICATIONS

 

11.1. BusUp may send as many notifications and/or communications as it deems

appropriate through a general message displayed on the Platform homepage, in

particular, regarding modifications to the Platform.

 

11.2. BusUp may also send the User by e-mail, to the address provided by the User

in the registration form, messages it deems appropriate, as long as the User has

previous and expressly authorized messages of such nature in their registration

form or in their personal area.

 

11.3. Messages send by BusUp regarding the execution or performance of a contract

with the User (not including promotional e-mails), responses to requests of the

User and Users’ rights do not require previous and express consent from the

User.

 

11.4. The User may withdraw the authorizations of notice at any time in his personal

area or by emailing unsubscribe@busup.com, and requesting that the sending

of informational and promotional emails be stopped.

 

11.5. The User may send as many notifications and/or communications as

he/shedeems appropriate to BusUp within the framework of access and use of

the platform by sending an email to suporte@busup.com.

 

12. ASSIGNMENT

 

12.1. Users may not assign their rights and obligations arising from these Terms and

Conditions without the express and written consent of BusUp.

 

12.2. BusUp may assign, without the need to obtain the prior consent of the User,

these Terms and Conditions to any entity within its group of companies,

throughout the world, as well as to any person or entity that succeeds from any

area of its business activity.

 

13. UNSUBSCRIBING A USER ACCOUNT

13.1. Users may deactivate their User Account of the Platform at any time, in their

personal area or by sending an email to unsubscribe@busup.com. Users shall,

upon cancelation, indicate the reasons why they want to stop using the

Platform.

 

14. APPLICABLE LAW AND JURISDICTION

 

14.1. Notwithstanding the imperative rules applicable in each country where BusUP

operates, the access and use of the Platform, as well as interpretation,

compliance and enforcement of the present Terms and Conditions shall be

subject to the provisions of Spanish law.

 

14.2. In case any condition or provision of these Terms and Conditions or the

application of any condition or provision to any person or circumstance is

considered, partially or totally, void, ineffective or non-enforceable by a

competent court, such condition or provision shall be interpreted in a manner

that allows its applicability in accordance with the laws in force in the

maximum possible extent permitted by law. The voidness, ineffectiveness or

non-enforceability of a condition or provision shall not affect any of the other

conditions or provisions herein stated, provided that the goals and the

economic reasoning of these Terms and Conditions are not affected.

 

14.3. Any dispute arising from the present Terms and Conditions, or the use of the

Platform, shall be submitted to the jurisdiction of the Courts of the registered

address of the User.

 

PRIVACY

PRIVACY POLICY

 

NOTICE: By simply using or browsing the website, or by accessing BusUp software

application, you will be considered a “User” and therefore, you should carefully read the

“Privacy Policy” set out below. This does not affect the need for you to provide your

consent, when solicited for providing personal data and/or installing cookies.

 

1. Ownership

Through the current Privacy Policy, “BUSUP TECHNOLOGIES, S.L.”, with registered

offices at Av. De the Marina No. 1, Sant Boi de Llobregat (zip code 08830) Barcelona, Spain,

and Tax ID (CIF) B-66864307 (hereinafter “BusUp”), as a holding company of BusUp

group (composed of several subsidiaries) and responsible for data processing, wishes to

inform users of its computer application (hereinafter the “Application”) and its website

“www.busup.com” (“Website”) (hereinafter “Users”) about its personal data protection

policy, so that they can freely and voluntarily decide if they wish to supply BusUp with the

personal data that may be required or obtained by accessing and using the Application and

Website.

 

2. Purpose of collecting personal data and storage period.

Personal data consists of information relating to an identified or identifiable natural person; it

is considered as identifiable a natural person who may be identified, directly or indirectly, in

particular by reference to an identifier, such as a name, an identification number, location

data, identifiers by electronic means or by reference to one or more specific elements of the

physical, physiological, genetic, mental, economic, cultural or social identity of that natural

person.

BusUp collects the personal data of Users, such as the name, address, telephone number, and

email (hereinafter “Personal Data”) through various means, for example, the Registration

Form for the Application and Website. Unless indicated otherwise, and without affecting the

voluntary nature of the provision of Personal Data to BusUp, may prevent BusUp from

entering into a provision of services agreement with the User, and may also affect the quality

of the services rendered by BusUp.

 

Users' Personal Data will be included in automated files belonging to BusUp, which will be

reported to the data control authorities in accordance with the law. This Personal Data will be

used solely for the purposes of maintaining appropriate relations with the Users; to give

Users access to the service rendered by BusUp, to provide, manage, operate, expand and

improve the services and/or contents offered to Users in the Application and the Website, as

well as to adequately deal with any enquiry or request for information from the Users and,

where applicable, in order to send information on BusUp's services or activities that may be

of interest to the Users. Under no circumstances will BusUp send users advertising and

communications for sales purposes or any other communications of a commercial nature

without receiving a request or obtaining their express consent beforehand.

The period during which Personal Data is stored and maintained varies depending on several

factors, in particular, the duration of the User's enrollment in the Application and Website.

There are legal requirements that require that Personal Data is kept for a minimum period of

time. Thus, and whenever there is no specific legal requirement, Personal Data will be stored

and maintained only for the minimum period necessary for the purposes that led to its

collection or subsequent processing or, for the period of time authorized by the control

authority of the respective country, after which they will be eliminated.

 

3. Users' rights and applicable law

BusUp respects the personal data legislation applicable in the countries where it operates, in

particular, and without limitation:

• In Spain: Organic Law 15/1999 of 13 December on the Protection of Personal Data

(LOPD) and its development regulations; Royal Decree 1720/2007 of 21 December,

which approves the Regulation of the LOPD; and Law 34/2002, of July 11, on

Services of the Information Society and Electronic Commerce.

• In Portugal: Law no. 41/2004 of 18 August on privacy in the field of electronic

communication, as updated from time to time, including the updates from Law no.

46/2012 of 29 August; and Law no. 67/98, of 26 October, on the protection of

personal data, as updated from time to time, including the updates from Law no.

103/2015 of 24 August.

Users may at any time exercise their rights of access, rectification, cancellation and

opposition to their Personal Data being processed, by sending a request to the following e-

mail address: info@busup.com.

 

Moreover, at a later date, if Users wish to withdraw their consent to receive business

information via email or any other similar or equivalent means, they can send, at any time, a

request by email to info@busup.com.

If the User considers that any right to personal data has been violated, he/she may also submit

a complaint to the control authority in his/her country, in particular

• In Spain: To Agencia Española de Protección de Datos (http://www.agpd.es)

• In Portugal: To the National Commission of Data Protection (https://www.cnpd.pt)

 

4. Cookies

 

4.1. Definition

A cookie is a file that is downloaded onto your computer when you access certain websites.

Among other things, cookies let websites store and retrieve information on users' browsing

habits or that of their computers and, depending on the information they contain and the way

they use the computer, can be used to recognize users. The user's web browser memorizes

cookies on the hard disk only during the current session, occupying a minimum amount of

memory and without harming the computer. Cookies do not contain any kind of specific

personal information and the majority of them are deleted from the hard disk upon ending the

web browser's session (so-called session cookies).

The majority of web browsers accept cookies as standard and, regardless of the cookies, they

allow or prevent temporary or stored cookies in the security settings.

Without your express consent – by enabling cookies in your web browser – BusUp will not

link in the cookies the memorized data with your Personal Data provided when registering or

making a purchase.

 

4.2. Type

BusUp uses cookies in order to store the data gathered while the User is browsing, in order to

correctly identify the Users that visit the Website and/or use the Application, to remember

their preferences and provide them customized services, to monitor the use of the Website as

well as to improve its quality. However, certain areas or services of the Website may not be

available if the User rejects the use of Cookies. BusUp uses both own and third-party cookies

on the Website and in the Application.

Below, the different types of cookies that BusUp uses are defined:

 

• Technical Cookies: These cookies let users browse a website, platform or application

and use the different options or services available, including, for example, controlling

the traffic and communication of data, identifying the session, accessing restricted

sections, remembering the items that make up an order, carrying out the purchasing

process related to an order, registering or applying for participation in an event, using

security elements during browsing, storing contents for the dissemination of video or

sound, or sharing contents through social networks.

• Personalization Cookies: These cookies let users access the service with some

general characteristics predefined depending on a series of criteria in the user

terminal, such as language, web browser used to access the service, the regional

settings of the service access point, etc.

• Analysis Cookies: These cookies, correctly handled by us or by third parties, allow

us to quantify the number of users and thus make statistical measurements and

analyze the use that users make of the service. To do this, your browsing experience

on our website is analyzed with the aim of improving our offering of products or

services to you.

• Third-party cookies: The Website and the Application may use the services of third-

party suppliers, on behalf of BusUp, to collect information for statistical purposes

about the use of the Website and the Application by the User, and for the provision of

other services related to the activity of BusUp. Specifically, the Website and

Application use Google Analytics, a web analytics service offered by Google, Inc.

registered in the United States with head office at 1600 Amphitheatre Parkway,

Mountain View, California 94043. To provide these services, these third parties use

cookies that gather information, including the User's IP address, which will be

transmitted, processed and stored by Google in the terms established on the website

Google.com. This includes the possible transmission of this information to third

parties where legally required or when these third parties process the information on

Google's behalf.

 

Users may accept or reject the use of cookies and, as a result, BusUp will not be responsible,

under any circumstances, for any processing activities carried out by third parties in

connection with the Personal Data collected through the cookies introduced by them on the

Website or in the Application when Users have accepted the use of cookies.

 

BusUp may only use the information related to the User contained in cookies derived from

the User installing/using the Application or accessing the Website if the User provides their

express prior acceptance for the data collected in the manner and for the purposes previously

mentioned to be processed. In this respect, the User may access at any time the Privacy

Policy that they accept when completing the registration process. They may also accept the

Privacy Policy at any time by visiting the Website or the Application. If the User does not

wish BusUp to use this information, the User can change the cookies settings in his/her web

browser at any time.

 

4.3. Deactivation

The User recognizes the possibility to reject the processing of the data or information by

rejecting the use of cookies, selecting the appropriate settings to this end in their web

browser, although this option to block cookies in their web browser may not allow the User

full use of all the functions of the Website or Application.

The User can allow, block or delete the cookies installed on their device by adjusting the

options of the web browser installed in their computer, iPhone, Smartphone or any other

suitable electronic device.

If you have any doubts about this cookie policy, please contact BusUp at info@busup.com

 

What is the effect of deactivating cookies? In order for Users to understand what effect

deactivating cookies can have, the following examples are provided:

• You will not be able to share content from that website on Facebook, Twitter or any

other social network.

• The Website will not be able to tailor the contents to your personal preferences.

• You will not be able to access the personal area of that website, such as My profile or

My routes.

• Online stores: It will be impossible for you to make online purchases.

• It will not be possible to personalize your geographical preferences, such as time

zone, currency or language.

• The Website will not be able to perform website analytics on visitors and traffic on

the web, which will make it difficult for the Website to be competitive.

• The Website will also not be able to know whether you are a human being or an

automated application that publishes spam.

 

• All social networks use cookies. If you deactivate them you will not be able to use

any social network.

 

4.4. Deletion

Can cookies be deleted? Yes. Not only can they be deleted but they can also be blocked,

either generally or specifically for a particular domain. To delete a website's cookies, the

User should go to the settings of their web browser and find the cookies associated with the

domain in question and proceed to delete them.

 

4.5. Settings

This section explains how to access a specific cookie of the web browser Google Chrome

(this may vary depending on the web browser version):

1. Access “Settings” or “Preferences” through the “File” menu or by clicking on the

customization icon that appears in the top-right.

2. Select the option “Show advanced options”.

3. Go to “Privacy, Content settings”.

4. Select “All cookies and site data”.

5. A list will appear with all the cookies, sorted by domain. To make it easier to find the

cookies of a particular domain, enter the address in part or in full in the search

“Cookies field”.

6. After applying this filter, one or several lines will appear onscreen with the cookies of

the requested website. Select the one(s) you wish to delete and click on the “X” to

proceed to delete them.

Follow these steps to access the cookie settings of the web browser Internet Explorer (this

may vary depending on the web browser version):

1. Go to “Tools, Internet Options”.

2. Click on “Privacy”.

3. Move the slider to adjust the privacy to the level you wish.

Follow these steps to access the cookie settings of the web browser Firefox (this may vary

depending on the web browser version):

1. Go to “Options” or “Preferences”, depending on your operating system.

2. Click on “Privacy”.

3. In History, choose “Use a personalized setting for history”.

 

4. Now you will see the option “Accept cookies”, where you can activate it or deactivate

it according to your preferences.

Following these steps to access the cookie settings of the web browser Safari for OSX (this

may vary depending on the web browser version):

1. Go to “Preferences”, then “Privacy”.

2. Here you will see the option “Block cookies”, where you can adjust the type of block

you wish to apply.

Follow these steps to access the cookie settings of the web browser Safari for iOS (this may

vary depending on the web browser version):

1. Goes to “Settings”, then “Safari”.

2. Go to “Privacy & Security”, and you will see the option “Block cookies”, where you

can adjust the type of block you wish to apply.

Follow these steps to access the cookie settings of the web browser on Android devices (this

may vary depending on the web browser version):

1. Open the web browser and click on the “Menu” button, then “Settings”.

2. Go to “Security and Privacy”, you will see the option “Accept cookies”, where you

can activate or deactivate the box.

Follow these steps to access the cookie settings of the web browser on Windows Phone

devices (this may vary depending on the web browser version):

1. Open Internet Explorer, then “More”, then “Settings”.

2. Now you can activate or deactivate the box “Allow cookies”.

 

5. Minors under 14 years of age

The Application and the Website are intended exclusively for Users over 14 years of age,

hence access and use is restricted for people under 14 years old. Notwithstanding the above,

BusUp reserves the right to verify the actual age of any User in any way it considers

appropriate.

If there is a suspicion that a User of the Application and of the Website is under 14 years of

age, and that they have falsified the details required for access, BusUp may deny this User

access to the services offered.

 

6. Provision of services by third parties

The data collected will be stored applying the confidentiality and security measures that are

legally established, and they will not be given to or shared with companies or entities

 

unrelated to the company responsible for the Website. Nevertheless, BusUp, as the company

responsible for the file, may need to make the Personal Data or a portion of it available to

third parties, including partner entities or service providers, such as the operators of collective

transport services that are going to carry out the transport service, other companies belonging

to the business group to which BusUp belongs, IT companies and payment suppliers, such as

Stripe, Visa, MasterCard, Maestro, American Express, Union Pay, ATM and / or MB Way,

which may be located in the European Economic Area or in other countries, some of which

may not offer a level of protection equivalent to that which exists in the European Economic

Area, for the purposes of the proper maintenance and operation of the Application and of the

Website, as well as for managing the payments made by Users for the use of the service

contracted through the Application. The Users expressly authorize their personal data to be

transferred to these third parties that will be responsible for processing the data, for the

aforementioned purposes.

On the Website or on the Application you may find access links to other websites that are

unrelated to BusUp. The availability of such links is made in good faith, and BusUp cannot

be held responsible for the collection and processing of personal data made on these websites,

nor be held responsible for the accuracy, credibility and functionality of third party websites.

 

7. Security

BusUp declares and guarantees that at all times it does its best to maintain the security and

confidentiality of the Personal Data, in accordance with the applicable legislation in the

countries where it operates, continuously developing the security measures adopted to do so

at all times, in accordance with any legal and technological developments.

 

8. BUSUP's responsibilities

BusUp will only take responsibility for any damages the User may suffer as a result of using

the Website or the Application, provided they have occurred as a result of willful or reckless

misconduct by BusUp. By accepting the Privacy Policy, the User agrees that they use the

Website under their responsibility.

BusUp will not be held responsible for the accuracy and truthfulness of the information or of

the data entered by Users or third parties on the Website or in the Application and, therefore,

neither will it be responsible for any decisions that are taken based on this information or any

damages occurring for that reason.

 

9. Users' obligations

When browsing the Website, as well as when using the Application, the User undertakes to:

a. Provide true data and, where applicable, keep them updated;

b. Not use false identities or impersonate the identity of others;

c. Safeguard access details and/or passwords, undertaking not to give them to others to

be used and assuming any liability that may arise from them being used

inappropriately; and

d. Comply with all provisions of the Law, as well as of this Privacy Policy.

BusUp may refuse or restrict access to Users that do not respect these terms and conditions,

without the need for prior notification.

 

10. Obligations of Special Clients

BusUp may enter into contracts with natural and / or legal persons who, by the nature and

volume of their transportation needs, are interested in and wish to benefit from, for

themselves or for potential third party users of the Platform, customized transportation

services provided by BusUp (hereinafter referred to as "Special Clients"), including, but not

limited to, the establishment of specific terms for the creation, management and sale of

default transportation routes for events and the special configuration of the Platform

(hereinafter "Customized Contracts"). With the execution of Customized Contracts, Special

Clients undertake to:

a. Treat the Personal Data of Users to which they have access in accordance with this

Privacy Policy and with the law, under their exclusive responsibility;

b. Allow, when applicable, BusUp to process their Personal Data;

c. Implement and maintain adequate organizational, administrative, physical and

technical safeguards to protect the security, availability, confidentiality and integrity

of the Personal Data of Users to which they have access, protecting themselves from

unauthorized access or alteration, disclosure, destruction or loss of Personal Data;

d. Not to disclose Personal Data of Users to which they have access except when

required by law or when expressly permitted under this Privacy Policy or under a

Customized Agreement.

The obligations applicable to BusUp provided in this Privacy Policy are applicable to Special

Clients, with the necessary adjustments, whenever it is not contrary or incompatible with the

terms and conditions of the Customized Contracts entered into with BusUp, with the Terms

and Conditions available in the BusUp Platform, with the specific terms and conditions and

 

privacy policies that are created for such Customized Contracts or with any applicable legal

provision, particularly in what concerns data protection.

 

11. Modifications to the privacy policy

In the event that BusUp modifies this Privacy Policy, it will publish a notification on the

Website so that the Users can be aware of any change in the type of Personal Data that is

collected, the purposes of the processing and/or the communications to third parties. Under

no circumstances may any modifications applied by BusUp to this Privacy Policy be

considered to alter, by themselves, the authorization granted by the User for the use of their

Personal Data for particular purposes. If, at any time, BusUp decides to use Users' Personal

Data in any way other than that established at the time it was collected, the Users will be

notified by e-mail, requesting their prior consent in this regard.

 

12. Acceptance

Sending Personal Data through the forms of the Application and of the Website, or by using

other services offered by BusUp, entails consenting to the Personal Data being processed by

BusUp and by its Special Clients, whenever it is deemed applicable, in the terms described in

this Privacy Policy, provided it has been expressly accepted beforehand.

 

In Lisboa, June 2018