M.A.R.S.

Terms and Conditions 12.09.2024

I. General Provisions

1.1. Using the MARS platform is conditioned by the acceptance and compliance with the terms of use detailed in this document, which we ask you to carefully review. By accessing, in any way, the MARS platform, you agree to the platform's terms and conditions. If you do not agree with the terms and conditions included in this document, you do not have the right to access the site and use the services offered by MARS.

1.2. The MARS platform is owned by MANAGEMENT APPLICATION FOR ROUTE STRATEGY SRL, a limited liability company with its registered office at Timisoara, Str. Simion Barnutiu Nr. 34, registered with the Trade Register under number J35/3834/2020, having CUI 43486371.

1.3. In addition to the clauses included in this document, contractual relationships may also be governed by other clauses included in documents/contracts/agreements assumed by both parties.

1.4. The terms and conditions of use of the MARS platform may undergo changes/updates, the modified/updated version will be published on the website indicating the date of the last modification/update. Using the platform after the publication of the modified/updated version determines the acceptance of the new terms and conditions.

II. DEFINITIONS OF SOME TERMS

MARS - The MARS platform acts as an online freight transport exchange, offering intermediation services between transport service providers and beneficiaries of these services.

Transport service provider - the legal entity, user of the MARS platform, which provides transport services in accordance with its list of services and the price offer posted through the MARS platform and in accordance with the clauses included in the contract that will be concluded with the beneficiary of the transport services. Beneficiary of transport services - the legal entity, user of the MARS platform, which posts through the MARS platform its request for the provision of transport services for its benefit.

MARS platform customers - The Provider and the Beneficiary of transport services who create an account on the MARS platform to benefit from the intermediation services provided by MARS.

AWB Code - the barcode, respectively the alphanumeric code on the transport document related to the parcel transmitted by the Beneficiary and which ensures the identification of the parcel. The beneficiary can track the route of the product using the AWB code, by accessing the MARS Platform or the Provider's website and can view the location of the parcel and the estimated delivery date.

MARS customer account - the account opened on the MARS platform

Transport contract - the contract that will be concluded between the Provider and the Beneficiary of transport services according to the contractual clauses negotiated and assumed by them

Privacy policy - The confidentiality terms are mentioned in the Privacy Policy section and also apply to your access/visit to the MARS platform.

III. Rights and obligations of MARS platform customers

MARS platform customers have the following rights:

to register on the MARS platform and to post the list of transport services and the price offer, respectively the requests for the provision of transport services for their benefit.
to contact other MARS platform customers through the contact methods made available by this platform (telephone numbers, e-mail addresses, etc.);
to manage and edit the customer account and their own announcements regarding offers/requests for transport services;
to report suspicious or fraudulent activities of other MARS platform customers;
to obtain information regarding the use of the MARS platform;
to obtain the deletion of the MARS customer account;

MARS platform customers have the following obligations:

to use the MARS platform correctly, responsibly and exclusively for the purposes for which this platform was created;
to comply with the terms and conditions of use of the MARS platform;
to proceed with registration on the MARS platform with correct and real data and information, MARS not assuming responsibility for the correctness of this data and information;
to proceed with posting correct and real offers/requests for transport services, MARS not assuming responsibility for their correctness;
not to disclose login data to other entities;
not to allow other entities to use the MARS platform by providing login data;
not to provide data and information regarding the announcements posted on the MARS platform to other entities that are not registered on the MARS platform;
not to register as a transport service provider if they do not hold a valid transport license;
to respect the contractual obligations assumed towards the other customers of the MARS platform, MARS not assuming responsibility for the non-compliance with the contractual obligations included in the transport contract or in the announcements published on the MARS platform;
to use appropriate language in the announcements published on the MARS platform;
not to proceed with the publication of repeated announcements;
not to carry out spam, hacking or other malicious activities on the MARS platform.

Failure to comply with the terms and conditions and/or any obligation by the customers of the MARS platform gives MARS the right to suspend the customer account and to take all necessary legal steps, including legal action, to remedy the situation and recover the damages caused.

IV. MARS Rights and obligations

MARS Rights:

to suspend and/or delete the customer accounts of persons who do not comply with the terms and conditions and/or any obligation assumed towards MARS, even without prior notice;
to suspend and/or delete the customer accounts of bankrupt persons, in liquidation or dissolution or whose activity has been suspended, as well as of persons who have not used the MARS platform for a period of 1 year, even without prior notice;
to suspend the accounts of persons who have serious legal problems (e.g. status as a suspect/defendant in criminal cases, etc.) or about whom MARS considers that they present high risk factors likely to affect the proper functioning of the MARS platform, even without prior notice;
to suspend and/or delete the customer accounts of persons who have provided false data or information and/or have published false announcements and/or have used inappropriate or offensive language, even without prior notice;
to suspend and/or restrict certain functionalities of the MARS platform to suspend and/or delete the customer accounts of persons who do not use the MARS platform for the purpose for which it was created, but use the platform for marketing purposes or to take over the announcements published on it and/or
to take over the data and information provided by the MARS platform and/or carry out other such activities, even without prior notice;
to proceed with the deletion of repeated announcements that come from the same MARS platform customer.
to collect the equivalent value of the services provided to the customers of the MARS platform

In the event of suspension and/or deletion of the customer account, MARS has the right to retain as damages the equivalent value of the amounts paid by it. Depending on the reason for the suspension and/or deletion of the customer account, MARS has the right, but not the obligation, to return all or part of the amounts paid.

MARS Obligations:

to keep the platform functional, except for maintenance periods or technical malfunctions;
to respect the rights enjoyed by the customers of the MARS platform

VII. Copyright and related rights

MARS platform customers assume the obligation to respect copyright and related rights for all data and information presented on the MARS platform.

MARS platform customers have the obligation not to use, copy, reproduce, distribute, sell, license, rent, transfer the content of the MARS platform. Failure to comply with this obligation gives MARS the right to suspend the customer account and to take all necessary legal steps, including legal action, to remedy the situation and recover the damages caused.

VIII. Applicable law and competent courts

The application and interpretation of the Terms and Conditions are governed by Romanian law.

Disputes will be resolved amicably, and in the situation where no consensus is reached within 20 days from the date of the start of negotiations, these will be referred for resolution to the competent courts in Bucharest, Romania.