The General Terms and Conditions govern access to the Tirminator App and represent the contract to which the User fully consents and accepts.
By using the App, the User agrees to accept these "Terms and Conditions".
SC Logistic Mango Rm S.R.L., hereinafter referred to as the "Company", may revise this document at any time by updating this page. We recommend that you visit this page periodically to read the "Terms and Conditions" as this document is legally binding on you. Your continued use of the App constitutes your acceptance of the changes to this Agreement.
Subsequent to creating the Account, using the content constitutes the acceptance of the changes to the app's Terms and Conditions and/or updated versions of the Terms and Conditions.
Company = means Logistic Mango Rm S.R.L..., with Trade Register No.: J35/2129/2020, TIN: 42880296.
User = means any natural or legal person who has an account in the application.
App = means the Tirminator application, which is exclusively owned by the Company.
Account = means the account created by individuals or legal entities in the application.
Agreement = means this document to which the User has consented by accessing the Website. The Contract is deemed to be concluded between the Company and the User at the moment of downloading the App and creating the Account.
Users consisting of natural persons holding a transport driver qualification, who download the App, who can upload in their account personal data, professional experience, details of certificates obtained and
Utilizatorilor persoane juridice, persoane fizice autorizate care vor să publice anunțuri de angajare.
The User expressly agrees to be bound by all of the clauses in this set of terms and conditions, as well as any other specific terms and conditions applicable to the services.
Job ads may be posted in the App for a fixed period. Ads may be valid for 2 weeks, with the possibility to extend this period by reactivating the published ad, by accessing the Account.
The legal entity user shall be responsible for how the personal data entered by the legal entity user in the recruitment process is used.
The User is solely responsible for the Content published on the Application. For this, the postings and the transmission of messages through the Application are actions that are subject to the following conditions and limitations:
(a) Job advertisements published must be complete, containing all information or conditions related to the advertisement.
(b)You may not post, transmit or refer in any way to messages that contain illegal, threatening, abusive, indecent, discriminatory or otherwise violate the rights of third parties or violate any legal provision.
(c)You may not post any material that contravenes any other provision of these Terms and Conditions, and the Company may, in its sole discretion, remove such material from the App without any explanation.
In order to benefit from all the Services offered by the App, Users must create an account after downloading the application, by filling in the forms available in the "NEW ACCOUNT" section interface.
A User Account shall be created by entering a telephone number and creating a password. By entering the telephone number, the User shall consent to the processing of this information by the Company.
The Company has no obligation to verify in advance the materials published by Users. The Company is not responsible for the information and data posted, disseminated, or transmitted by its Users.
To use the Services offered by the App, the User shall assume responsibility for providing accurate and complete data, the Company is not responsible for the veracity and accuracy of the information posted by Users.
The Company shall not be responsible for the content generated by Users and does not guarantee its accuracy or integrity. Users shall be responsible for the material they post, and the Company reserves the right to remove any piece of content that violates these Terms and Conditions.
The User should be aware that the contact details (name, e-mail, telephone, address) entered in the App will be available to legal entity Users who publish job advertisements, for use in the recruitment process. In this regard, given the legitimacy of the purpose, with your acceptance of these Terms and Conditions, it should be noted that you consent to receive SMS messages as part of the application/recruitment process.
The Company shall not confirm the identity of Users. Since the Company cannot be involved in user-to-user relationships or control the behaviour of Users, in the event of a dispute with one or more Users, the Company (through its agents, directors and employees) shall be held harmless of any liability or compensation (direct or indirect) of any kind or nature whatsoever, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising in any way in connection with such disputes.
Using the App to commit fraud or other illegal activities shall be strictly prohibited. Any attempt to commit fraud shall result in legal and administrative action being taken against those involved.
Access to some Services provided to natural person Users shall be free of charge. Access to the Services for legal entities or self-employed persons wishing to publish job advertisements shall be allowed based on a subscription.
The account of the natural person User can be accessed by Users who are legal entities or self-employed. The legal entity user shall be responsible for collecting personal data of natural persons, in particular for informing and obtaining consent (or identifying another legitimate basis) for the transmission to the Company of the personal data used for the transmission of such communications.
The Company is a communication platform between Users, who are responsible for the content published in the App.
The Company reserves the right (which may be exercised at any time and without prior notice) to delete, move or edit these messages or to restrict access by some Users to one of its communication platforms. These measures may be taken as a result of Users' non-compliance with the legal provisions or terms and conditions of use of the App.
The User shall be solely responsible for the Content published in the App.
The App shall allow Users to communicate via the chat that is within the downloaded App.
The Company shall not be responsible for the truthfulness and accuracy of information submitted by Users through the chat section.
Access to the User account in the App is password-protected.
The User shall be responsible for maintaining the confidentiality of the information and password in the App. Users shall be responsible for the use of the credentials, whether the use is made with or without their will.
The Company shall not be liable for any moral or material damage caused by failure to comply with this provision.
The Company may also, at any time at its sole discretion and without notice, discontinue providing the Services, or any part thereof, with or without notice.
The App shall include a rating system that allows users to give ratings to other users based on their collaboration experiences.
Rating shall be done by answering a specific set of questions, and each answer will be accompanied by a star-based rating from 0 to 5.
For users who are legal entities or self-employed persons, the questions shall be as follows:
How do you assess a driver's level of experience and technical skills in road transport?
(a)How satisfied are you with the driver, given the lack of major incidents such as theft, lorry abandonment, illegal traffic or accidents?
(b) How satisfied are you with the driver's cooperation with the dispatchers and adherence to the work schedule?.
(c) For Users who are natural person, the questions shall be as follows:
How satisfied were you with the working conditions offered by the transport company?.
How do you rate the company's reliability in paying drivers as agreed?
To what extent are you satisfied with the way dispatchers work with drivers and stick to the work schedule?
Positive ratings are intended to reward and recognise quality behaviour, professionalism and satisfaction in working together, thus helping to build a favourable reputation for users and encourage ethical and professional behaviour.
(a)Negative ratings are designed to identify and flag misbehaviour and problems in collaborations. These ratings are essential for maintaining the standards of the App and protecting other users from negative experiences. If negative ratings are found to be repeated or unjustified, sanctions may apply, including:
(b) Written warning.
(c) Temporarily suspended access to certain App functionalities
(c) Temporarily blocked access to the App.
(c) Permanent blocked access to the App.
The users of the App, whether they are individuals, legal entities or self-employed, shall be solely responsible for the information they provide in the App, including personal data, job advertisements and the ratings they give to other users.
All users shall have an obligation to act in good faith, respecting the rules of the community and the law. Users shall not use the rating system to denigrate, harass or blackmail other users, and ratings must be objective and based on real experiences.
The Company shall not be responsible for user ratings and cannot be held responsible for modifying and/or deleting user reviews. Any negative reviews or other responses provided by Users shall not be the responsibility of the Company and/or the App. Users shall accept, by creating and using their account, that they cannot ask the Company and/or the App to delete or modify the posted reviews, which are considered personal opinions of each user.
The Company cannot be held liable for any conflicts that arise between users, whether they result from unsuccessful collaborations, negative reviews or other interactions arising from the use of the App.
(a)Any claims or requests for compensation related to conflicts between Users must be settled exclusively between the parties involved.
(b) The Company reserves the right to periodically review and update the rating system policy in line with operational needs and legislative changes. Users shall be informed in advance of any changes, and continued use of the App implies acceptance of these changes.
(c) The App allows for mutual rating of Users - both employers and drivers - immediately after the recruitment process is completed. Rating shall be done by answering a specific set of questions, and each answer will be accompanied by a star-based rating from 0 to 5.
For users who are legal entities or self-employed persons, the questions shall be as follows:
How do you assess a driver's level of experience and technical skills in road transport?
How satisfied are you with the driver, given the lack of major incidents such as theft, lorry abandonment, illegal traffic or accidents?
How satisfied are you with the driver's cooperation with the dispatchers and adherence to the work schedule?
(a)For Users who are natural person, the questions shall be as follows:
(b) How satisfied were you with the working conditions offered by the transport company?
(c) How do you rate the company's reliability in paying drivers as agreed?
(c) To what extent are you satisfied with the way dispatchers work with drivers and stick to the work schedule?
(c) The Company and/or the App are not responsible for reviews or ratings posted by Users. Any negative reviews or other responses provided by Users shall not be the responsibility of the Company and/or the App. Users shall accept, by creating and using their account, that they cannot ask the Company and/or the App to delete or modify the posted reviews, which are considered personal opinions of each user.
The content and design of the App, as well as any other material related to the App sent to the User shall belong to the Company, whether the author is specified or not, and are protected by intellectual property laws.
No one may use, reproduce or allow anyone else to use or reproduce the materials without the written permission of the Company or its collaborators who own an intellectual property right in the respective section of content of the App. It is also forbidden to reproduce, in any way, in whole or in part, the information contained in the User accounts and in the recruitment advertisements of legal entities or self-employed persons without the prior written consent of the Company.
Except as stated above, the content of the App may not be reproduced, modified or exploited for any commercial or non-commercial purpose. Actions of the type described below shall not be permitted without the Company’s prior written consent:
Actions of the type described below are not permitted without obtaining prior written permission from the Company:
(a) reproducing or storing content, as well as sending this content to any other website.
(b) mmodification, publication, transmission, as well as participation in the transfer, sale, distribution of any material prepared by reproducing, modifying or displaying the content, without our prior written permission.
(c) c. the removal of the marks that signify the copyright of the App on the content.
The Company shall keep confidential the information of any nature provided by the User. Disclosure of the information provided may only be made under the conditions referred to in this Agreement.
By submitting information or materials through the App, the User shall grant the Company unrestricted and irrevocable access to them and the right to use, reproduce, display, modify, transmit and distribute such materials or information
Legal-entity Users who post job advertisements act as personal data controllers under applicable law, and in this capacity, they have a number of correlative rights and obligations with regard to the personal data of natural person Users accessed through the App.
When using the services offered through the App, Users who post job advertisements accept and agree to be bound by the terms and conditions set out in the personal data processing agreement, which forms an integral part of these terms and conditions.
The Company reserves the right to update and amend the App Terms and Conditions from time to time to reflect changes in the App's operating conditions or legal requirements. The document is opposable to the User from the moment it is displayed in the application.
The Company processes the personal data of Users, whether natural persons or legal entities (i.e. representatives) when using the App.
This Privacy admin describes what types of personal data are processed, how they are used, your choices regarding such processing, and how the Company will respect your rights as a data subject under personal data protection legislation, including Regulation (EU) 2016/679 ("GDPR").
“Personal data” means any information relating to an identified or identifiable natural person as defined by the GDPR.
“Processing” means any operation or set of operations which is performed on personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“User” means any natural person who uses the Company's App and who, by using the Company's App, provides personal data that are processed by the Company in accordance with the provisions of this Agreement and the GDPR.
The company is designated as a data controller for the purposes of GDPR. In this capacity, the Company is responsible for the processing of personal data of users of the App.
By using the App, the User explicitly consents to the Company's collection, storage, and processing of their personal data in accordance with the terms and conditions laid down in this Agreement and the App's Privacy policy.
The User may withdraw consent at any time, with effect for the future, by notifying the Company and ceasing to use the App. Withdrawal of consent does not affect the lawfulness of data processing carried out on the basis of consent prior to the withdrawal of consent.
The company shall collect the following categories of personal data from users of the App:
Identification data (e.g. Surname, name, e-mail address, telephone number, company details, director, etc.)
Log-in data (e.g. username, password)
Localisation data (e.g. IP address, GPS data)
Information related to App usage (e.g. activity history, preferences)
Any other personal data voluntarily provided by users when using the App - e.g. data on professional experience, photos of personal documents, skills.
The Company shall process and store personal data only for as long as necessary to fulfil the purposes specified in this clause. In general, User data are kept as long as the User has a User account in the App.
Once the purposes for which the data were collected have been fulfilled or at the User's request, personal data will be erased or rendered anonymous, unless there is a legal obligation to keep such data for a longer period.
The Company undertakes to comply with all applicable provisions of the GDPR and other relevant data protection laws when processing personal data.
The Company shall process personal data only for the purposes specified in this clause and will ensure that any processing of personal data complies with the GDPR principles, including lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, limitation of storage and integrity and confidentiality.
The company is committed to ensuring that the rights of data subjects under the GDPR are respected, including the right to information, the right of access, the right of rectification, the right to erasure ("right to be forgotten"), the right to restriction of processing, the right to data portability and the right to object.
The company shall provide appropriate means for users to exercise these rights and will respond to requests within the time limits set out in the GDPR.
The Company shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, accidental alteration, unauthorised disclosure or unauthorised access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Security measures shall include, but not be limited to: data encryption, use of firewalls, access control, password protection, regular auditing of systems and educating employees on good cybersecurity practices.
The company shall guarantee the confidentiality of the personal data processed and will ensure that any person who has access to such data is bound by a non-disclosure agreement or a legal obligation to maintain their confidentiality.
The Company is the data controller of personal data, according to personal data protection legislation including GDPR, regarding the personal data of Users collected and processed through the Application.
The Company processes the following categories of personal data:
Name, surname, phone number/email address, company data, data regarding professional experience, photographs of personal documents, skills.
We keep personal data as long as necessary to fulfill the purposes for which they were collected, in compliance with internal data retention procedures, including applicable archiving rules.
Generally, the Users' data are retained as long as they have a User account in the Application.
Neither party shall be liable for any failure to perform its contractual obligations, if such failure to perform on time and/or properly, in whole or in part, is due to an event of force majeure.
Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.
If within fifteen (15) days from the date of its occurrence, the event of force majeure does not cease, either party shall be entitled to notify the other party of the termination of the contract without either party being entitled to claim any further damages from the other party.
These Terms and Conditions are subject to Romanian law. In the event of any disputes arising between the Company and the User, an attempt shall first be made to resolve them amicably. This chapter and the procedure below are a proof of the Company's willingness to settle quickly, efficiently, amicably, alternatively, out-of-court, complaints, availing itself of all legal mechanisms and measures applicable in Romania.
If it is not possible to settle the disagreements amicably, disputes shall be settled by the Romanian courts holding jurisdiction.
If, for any reason whatsoever, any clause in these Terms and Conditions proves to be void, unenforceable or invalid, it shall be replaced by a valid clause, as close in meaning to the original clause as possible.
The Company reserves the right to suspend or terminate the accounts of Users who violate the Terms and Conditions without prior notice. This includes, but is not limited to, cases of spam, fraud, system abuse and posting illegal or inappropriate content.
Contact@Tirminator.com
0040729798960