Last updated: 29/09/2023

Terms and Conditions for using the software application Star Taxi – Driver

Thank you for the interest shown for the Star Taxi App application developed and operated by Star Taxi App S.R.L.

Throughout the use of the Star Taxi application, you undertake to observe the following terms and conditions.

1. Terms and Conditions of use of the computer application Star Taxi APP – Mandatory contractual value

1.1. These Terms and Conditions of use of the Star Taxi APP software application (hereinafter referred to as “Terms and Conditions”) have binding value between you as a user, and Company Star Taxi APP S.R.L., as owner of the Star Taxi APP software application and holder of rights and obligations under these Terms and Conditions, Romanian commercial company, legally incorporated and operating under Romanian law, having its registered office in Bucharest, sector 6, Splaiul Independentei Street, no. 319, OB 152, J40/13115/2011, Unique Registration Code RO 29300987, phone number 0732.592.210, email address [email protected], IBAN account RO77 INGB 0001 0081 9967 8910, opened at ING Bank Unirii.

1.2. These Terms and Conditions are based on the offer made by Company Star Taxi APP S.R.L., in accordance with the provisions of S.1.188 Civil Code, and by accepting these, they acquire a binding contractual value between Company Star Taxi APP S.R.L. and you. To avoid any doubt, it is provided that by accepting the Terms and Conditions you unconditionally accept in the “Authentication” section the current version of the Terms and Conditions. The use of the Star Taxi Application is allowed only under the terms and conditions set forth in these Terms and Conditions.

1.3. The content of the Terms and Conditions may be amended unilaterally at any time by Company Star Taxi APP S.R.L. The entry into force of the new content of the Terms and Conditions will be made by accepting their new version, in the manner shown in art.1.2. above, with effects for the future.

1.4. If you wish to unsubscribe and to no longer be bound by the Terms and Conditions or wish to disable the account created in the Star Taxi Application, please ask us in writing to disable the account already created. In case your driver account was created by the Licensed Transport Operator with whom you work and with whom you have an employment relationship, please note that we will deactivate your account or we will not create a new one to the extent that there is a request to that effect from your employer and he is already a contractual partner of Star Taxi APP S.R.L. and the one who requested your enrollment in the Star Taxi application. To avoid any doubt, it is provided that your unsubscription has no effect on the legal effects produced during or in connection with the period in which you were registered in the Star Taxi Application.

2. Definitions of the terms used:

• “Star Taxi Application” – represents the part of the application developed by Star Taxi APP S.R.L. under the name “Star Taxi”, respectively (i) the module “Driver”, the section of it compatible with the operating system of the Driver’s/the Licensed Transport Operator’s mobile phone, insofar as it is compatible with the Star Taxi Application, as specified in these Terms and Conditions, as well as (ii) part of the Star Taxi web application, available to the Driver or/and to the Licensed Transport Operator through Internet access. In order to avoid any doubt, certain services or functionalities from the Star Taxi Application may be modified or may not be provided at any time, at the full discretion of Star Taxi APP S.R.L.
• “Transport Authorizations” – represents any and all authorizations, licenses, permits, approvals or similar documents issued by the competent authorities according to the provisions of Law no. 38/2003 and which give the right to Drivers and/or Licensed Transport Operator, as they are defined below, to perform passenger transport services as a taxi, according to the provisions of Law no. 38/2003.
• “Customer” – represents the natural or legal person who legally uses the Star Taxi Application, by adopting these Terms and Conditions.
• “Licensed Transport Operator” – – represents the taxi carrier as defined by the provisions of Law no. 38/2003.
• “Terms and Conditions” – represents these Terms and Conditions together with any and all documents to which reference is made and about which it is specified that they are an integral part thereof.
• “Star Taxi Services” – means the services mentioned in art. 5 of these Terms and Conditions
• “Star Taxi Additional Services” – means the additional services mentioned in art. 5 of these Terms and Conditions.
• “Star Taxi APP S.R.L.” – Company STAR TAXI APP SRL, having its registered office in Bucharest, Splaiul Independentei Street, No. 319, OB 152, Sema Parc, Sector 6, registered with the Trade Register under no. J40/13115/2011, Unique Registration Code RO29300987, bank account IBAN RO77 INGB 0001 0081 9967 8910 opened at ING Unirii branch, represented by Mr. Vicol Moldoveanu, as administrator.
• “Driver” – means taxi driver in accordance with the provisions of Law no. 38/2003.
• “User” – means any of the Customers, Drivers and/or Licensed Transport Operator, as the case may be.
• “Authorization Area” – represents the geographical and legal area for which the Licensed Transport Operator has the right to provide Transport Services, in accordance with the provisions of Law no. 38/2003, and to the extent that the Star Taxi Application is legally available in such an area.

3. Enrolment to the Star Taxi Application

3.1. The users must provide a full range of documents and information in order to create an account in Star Taxi Application and they have the obligation to communicate immediately any changes of these to Star Taxi APP S.R.L., including their validity/invalidity, extension of duration or any other element, their replacement or invalidation in any way. Star Taxi App S.R.L. reserves its right, but it will not be bound in any way, to ask for other additional documents and information. The following minimal documents and information must be provided by the Users: driving license, identity card, certificate of transport of persons in taxi regime, taxi licence.

3.2. Once you accept the Terms and Conditions and the provision of the information provided by art. 3.1. to create your account, Company Star Taxi APP S.R.L. will make available for you, within a reasonable period of time, free of charge, the following support elements for the good use of the Star Taxi Application: username, password, a link for downloading the Star Taxi Driver Application.

4. Conditions for using the Star Taxi Application

• General Conditions for using Star Taxi Application

4.1. The Driver and/or, as applicable, the Licensed Transport Operator, represents and warrants that he has validly obtained and holds all and any Authorizations required by the applicable legislation for running Transport Services. During the contractual period, the Driver and/or, as applicable, the Licensed Transport Operator commits to keep all these Authorizations valid and to inform immediately Star Taxi App S.R.L. if there is any invalidation, closure of validity or rescission or invalidation in any form of any of the Authorizations. The Driver and/or, as applicable, the Licensed Transport Operator, will declare whether or not it is registered for VAT purposes. During the use of Star Taxi Application, whenever, the Driver and/or, as applicable, the Licensed Transport Operator changes the VAT purposes (e.g., it becomes a VAT payer), then the Driver and/or, as applicable the Licensed Transport Operator has the obligation to notify and to announce Star Taxi App SRL, immediately, about this, providing Star Taxi App SRL all and any confirmation requested by Star Taxi APP SRL in this regard.

4.2. The Driver and/or, as applicable, the Licensed Transport Operator, represents and warrants that he expressly accepts that Star Taxi APP S.R.L. has every right (but not the obligation) to ask for any other authorization, approvals, additional permits to those required by the law applicable to the Transport Services.

• Requirements regarding the legal capacity of the Driver and requirements regarding the Licensed Transport Operator

4.3. To register in and to use the Star Taxi Application, you will submit the requested data/documents, in compliance with the internal policy of Star Taxi APP S.R.L. or the legal obligations and you will guarantee their truthfulness, during the entire period of their validity. If you are in a working relationship with a Licensed Transport Operator and you are using the Star Taxi Application based on a contractual relationship between such a Licensed Transport Operator and Star Taxi APP S.R.L., it is possible that certain data or documents have already been provided by the Licensed Transport Operator, in which case you have the obligation to verify these data or documents provided by the Licensed Transport Operator from the point of view of their correctness and validity; you have the obligation to inform us of any inconsistency, mistakes, etc. regarding these data and/or documents.

4.4. To register in and to use the Star Taxi Application by a Licensed Transport Operator it will be necessary the verification of the power of representation of the person/people who hires the Licensed Transport Operator, either as a legal representative or as an acting legal representative. Hence, you will submit information regarding the corporate identity of the Licensed Transport Operator, as well as any other documents required under the internal policy of the Company Star Taxi APP S.R.L. or its legal obligations and you will guarantee their truthfulness, during the entire period of their validity.

4.5. In all situations, as an additional measure, considering the information provided by the Driver, the Company Star Taxi APP S.R.L. will register the Licensed Transport Operator and the dispatch to which the Driver is assigned under an individual employment agreement and/or under an agreement for dispatch services. Among other things, the registration includes the verification of their good conduct and good reputation, of the possible risks of negative association with the Company Star Taxi APP S.R.L. and/or the Star Taxi Application, of any direct or indirect negative impact that the association with them could have towards the Company Star Taxi APP S.R.L. and/or the Star Taxi Application. Also, in the process of verification there will be considered any present or past actions of unfair competition, or actions that, from the reasonable point of view of the Company Star Taxi APP S.R.L., would or could negatively impact its activity or its good reputation, as well as any other past or present public communications of them (including shareholders, administrators, directors and other members of their management) regarding the Company Star Taxi APP S.R.L. and/or the Star Taxi Application. The Driver represents and warrants that he has understood that the registration of the Licensed Transport Operator/of the Dispatch to which he is employed and/or he has an agreement is an essential and preliminary stage, without which he cannot be registered in Star Taxi Application.

4.6. The collection, storage and processing of any personal data for the execution of any rights and obligations related to these Terms and Conditions, will be realized in full compliance with the Privacy Policy, an integral part of these Terms and Conditions.

• Minimum technical conditions for accessing and using the Star Taxi Application

4.7. The Star Taxi application can work on any type of device (phone or tablet) with Android operating system, and which meets the following conditions:

(a) the device has a GPS chipset;

(b) the device has all the options specific to optimal active operation, namely:

(i) GPS option enabled;

(ii) all activated location services;

(iii) the mobile data option enabled.

(c) operating system minimum Android 5.0

4.8. The Star Taxi application is compatible with any of the mobile networks with 3G or 4G mobile data connection in Romania.

4.9. In case of problems in activating the Star Taxi Application, please contact the Star Taxi APP S.R.L.’s Call Centre, part of the Star Taxi Additional Services.

4.10. Although Star Taxi APP SRL has made all the due diligence to ensure the accessibility and use of the technical interface included in the Star Taxi Application via the Internet (“online”) of the information related to the Star Taxi Application, Star Taxi APP S.R.L. is not responsible for the compatibility of the equipment, systems or software used by the User (Driver, Licensed Transport Operator, and/or Customer) with the technical interface included in the Star Taxi Application for accessing/providing online the functions of the Star Taxi Application. Notwithstanding the foregoing Star Taxi APP S.R.L. DOES NOT WARRANT the operation of the Driver’s account and/or any functionality of the Star Taxi Application in situations where:

• the Driver’s device is used to connect to the wireless Internet;
• any other applications not authorized by Star Taxi APP S.R.L. are installed on the Customer’s device and modify the normal operating parameters of the application (eg Fake GPS);
• specifically, if on the Driver’s device on which the Star Taxi Application is installed, other applications or software, that intervene in any form during the normal operation of the Star Taxi Application, modifying any of its parameters, are installed, Star Taxi APP S.R.L. does not warrant the operation of the platform, and the respective Driver may be sanctioned by the (temporary or permanent) interruption of the use of the Star Taxi Application.

5. Star Taxi application. Star Taxi services. Additional Star Taxi Services

5.1. In consideration of the payment of royalties provided by these Terms and Conditions, Star Taxi APP S.R.L. grants the Driver or/and the Licensed Transport Operator a license regarding the Star Taxi Application which is:

• non-exclusive;
• non-transmissible;
• temporary, for the period for which the corresponding royalty was paid;
• territorially limited to the Authorization Area
• for a single device;

5.2. The license on the Star Taxi Application is granted exclusively for the purpose of performing Transport Services in the Authorized Area by the Driver and/or by the Licensed Transport Operator. Star Taxi Application allows performing transport intermediation services among the Licensed Transport Operators and their customers (“Star Taxi Services”). The Company Star Taxi APP S.R.L. publishes the Transport Requests ordered by the customers through Star Taxi Application, located in the proximity of a Driver that complies with provisions/ conditions required by these Terms and Conditions. Star Taxi Application does not guarantee in any way the receipt of orders by a Driver. The Company Star Taxi APP S.R.L. is committed to rectify, as soon as possible, any failure of the functionality of Star Taxi Application or any mismatch between the data delivered by the Customer in the Transport Request and the data published in Star Taxi Application.

5.3. For avoidance of doubt, it shall be established that the publication of Transport Requests will consider a set of criteria established by the Star Taxi Application (such as each Driver’s rating, the distance between the Driver and the Customer, or any other established parameters in Star Taxi Application which can be changed, modified, replaced at any time by the Company Star Taxi APP S.R.L.). Furthermore, the Driver and the Licensed Transport Operator represent and warrant that they have been notified and agree that their previous entire conduct and the way each Driver has previously used the Star Taxi Application (including the rating given by the Customers) can be a criterion used by Star Taxi in the configuration of the publication of the Transport Requests. The Company Star Taxi APP S.R.L. cannot be indifferent to the quality of transport services. Since attractiveness of Star Taxi Application is directly correlated with the transport services’ quality, without prejudice to the above mentioned, the Driver and the Licensed Transport Operator represent and warrant, explicitly, that they fully agree that the Customers have the possibility to give them a rating and to let them feedback regarding the quality of the transport services contracted through Star Taxi Application. An average rating of the Driver’s and/or of the Licensed Transport Operator will be provided through a link in the Driver’s account, which will be visible in Star Taxi Application and thus provided for consultation by Customers. Where it deems it appropriate, Star Taxi Application will not consider some rating and/or some feedback offered by some Customers or in case of some taxi orders requested and/or finished, especially when it comes to abusive usage of the rating and feedback system from behalf of the Customers. A customer’s Feedback is considered to be personal data and we store it in accordance with the European legislation. Therefore, a Feedback can be deactivated if it contains inappropriate content such as: licentious language , racial hatred, insults or that encourages violation of legislation or proves to be untrue with the situation given. Additional to the rating, above discussed, Star Taxi APP reserves its right to measure, evaluate and/or quantify and use any other aspects that go with the activity or the way of usage of the Star Taxi Application by the Driver and/or the Licensed Transport Operator, including the way they refused, interacted and/or finished, as applicable, the transport services requests.

5.4. Any and all intellectual property rights relating to the Star Taxi Application are and remain the property of Star Taxi APP S.R.L. The Drivers and/or the Licensed Transport Operators represent and warrant that he/she will fully observe the rights of Star Taxi APP S.R.L. on the Star Taxi Application and, without prejudice to the generality and extent of this obligation, will not:

• make any copy of the Star Taxi Application, in whole or in part;
• perform any actions to decompile the Star Taxi Application, in whole or in part;
• perform any reverse engineering actions of the Star Taxi Application, in whole or in part;
• perform any work derived from the Star Taxi Application;
• attempt to enter, in any way, in the content of the Star Taxi Application and shall not delete or modify in any way the materials and/or information delivered through the Star Taxi Application;
• attempt to test or scan the vulnerability of any Star Taxi Application system, accessing any servers or services in the Star Taxi Application, whether or not these are public, without the prior authorization of Star Taxi APP S.R.L.;
• attempt to interfere with the operation of the hosting servers or the Star Taxi Application in any way, including attacking them by “flooding” or DOS;
• use any e-mail address published through the Star Taxi Application to send them on e-mail lists or to send unsolicited commercial e-mails (“spamming”) or for any purpose other than sending justified personal e-mails, without the written consent of their owners;
• engage in any other illegal or otherwise prohibited activities, including those uses that will be subsequently declared prohibited by Star Taxi APP S.R.L., or as a result of the amendment of these Terms and Conditions, by communications of any kind.

5.5. Star Taxi APP S.R.L. provides, in an auxiliary and discretionary manner in relation to the license of the Star Taxi Application the following Additional Star Taxi Services:

• call center available at: +40 732 592 210 in the time interval 24/7.
• Email address: [email protected]

5.6. Star Taxi services may be amended at any time, at the sole discretion of Star Taxi APP S.R.L. and the changes will become mandatory by amending these Terms and Conditions. Star Taxi Additional Services may be amended and discontinued by Star Taxi APP S.R.L. at any time, with immediate effect, without the need to amend these Terms and Conditions.

6. Royalties due. Marketing policies of Star Taxi APP S.R.L.

6.1. For the license of Star Taxi Application, as well as for other services provided by Star Taxi Application, the Driver and/or the Licensed Transport Operator owe royalties. The royalties are due depending on the various categories of products/bundles provided. The Driver and/or the Licensed Transport Operator represent and warrant that (i) Star Taxi APP S.R.L. has the right to change, at any time, the kind of bundles made available, including by adding some new bundles or by ceasing some bundles available until then, (ii) the value for the available bundles can change at any time, at Star Taxi APP S.R.L. own choice, and these changes will take effect immediately (but such changes will not apply to the bundles already purchased by the Driver and/or the Licensed Transport Operator and already in progress), (iii) the geographical availability and the values of the bundles are established by Star Taxi APP S.R.L. and they may vary depending on various criteria (including the geographic location differences – for instance, different values for the same type of bundle from one locality to another). The values of the bundles are established by Star Taxi, at its discretion, and they can take into consideration even the possible different incomes of the Driver and/or the Licensed Transport Operator by using Star Taxi Application (for example, deducted from the differences between the prices/km used by different Drivers), as well as any other criteria that Star Taxi APP S.R.L. could start taking into consideration (for example the Driver’s and/or the Licensed Transport Operator’s option to use card payment through the Star Taxi Application, or some technical – constructive characteristics, or the cleanliness or other general aspects of the car with which he/she registers in the Star Taxi Application). The option for one type of bundle or another belongs to the Driver and/or the Licensed Transport Operator and it must be confirmed by Star Taxi APP S.R.L., which, on or after such a confirmation, will individually communicate to the Driver and/or the Licensed Transport Operator the value of the approved bundle. At the moment, Star Taxi APP S.R.L. offers the following types of bundles:
a) Prepaid Basic Bundle 30 days the Star Taxi Application for Driver;
b) Prepaid Basic 4G Bundle 30 days the Star Taxi Application for Driver + 4G Internet

Insight: The values and additional details of the bundles can be consulted in Annex 4 si Annex 5.

6.2. By paying one of the prepaid bundles, shown above in the art 6.1., the Driver and/or the Licensed Transport Operator benefit from the license of the Star Taxi Application, as well as the related services for the period shown. After the date of full collection of the prepaid royalty from the Driver and/or the Licensed Transport Operator, Star Taxi APP S.R.L. will perform the activation within a maximum 24 [twenty – four] hours from the date when the Driver and/or the Licensed Transport Operator communicated the execution and the reference of the royalty payment to Star Taxi APP S.R.L. The disuse of Star Taxi Application by the Driver and/or the Licensed Transport Operator or its discontinuously use within the period of validity does not give any right to refund the fees already paid (in whole or in part) and requires the Driver or the Licensed Transport Operator to purchase a new prepaid bundle if, hereafter, he/she whishes the license and the use of the Star Taxi Application.

6.3. By derogation from any contrary legal provisions, the payment of the royalty is considered legally made only (i) on the date of the full crediting of the Star Taxi APP S.R.L. account no. RO77 INGB 0001 0081 9967 8910 open at bank ING Bank or (ii) the proof of payment made through the payment partner, Self Pay. Partial payments will not be considered.

6.4. For avoidance of doubt, the royalty is due whether Star Taxi Application is used or not. Therefore, the disuse of the Star Taxi Application does not give any right to refund the fee paid or to reduce it in any way (for example, pro rata, depending in how much it was used within the prepaid period.

6.5. Any amendments in royalties or the introduction of new royalties will be communicated and will become effective after their publication in the Terms and Conditions.

6.6. Star Taxi APP S.R.L. will be able (but it will not be obliged in any way) to provide different types of motivation for the Drivers and/or the Licensed Transport Operator, depending on its own marketing policy, including by granting discounts on the existing royalties. These will be communicated throughout the Star Taxi Application or will be made public throughout any other means of communication (e.g., the website of Star Taxi APP S.R.L.).

6.7. The Driver and/or the Licensed Transport Operator recognize as valid the electronic invoices which are unsigned and unstamped by Star Taxi APP S.R.L. and, moreover, they recognize as valid and binding, juridically, the upload of the invoices in the user’s account, in the „Invoices” section, which was previously created with the name of the Driver and/or the Licensed Transport Operator as part of the registration in Star Taxi Application and without requiring any other physical sending of the respective invoice (via email, or via any other way).

6.8. All and any retaining, as well as any compensation made by the Driver and/or the Licensed Transport Operator are forbidden (including the use of Star Taxi Application hereafter).

6.9. The Driver and/or the Licensed Transport Operator recognize the right of Star Taxi APP S.R.L. to apply any clearing operations (according to the accounting records of Star Taxi APP S.R.L. and by reference to any pretentions of Star Taxi APP S.R.L., even those unknown or those denied by the Driver and/or the Licensed Transport Operator). This right is exclusively recognized by Star Taxi APP S.R.L. Star Taxi App SRL may allow the Driver and/or the Licensed Transport Operator to offset their specific monetary obligations towards Star Taxi App SRL (e.g., payment of the bundle) with amounts collected by them in consideration of the taxi rides performed. Such a compensatory facility will be exclusively allowed by Star Taxi APP SRL in Star Taxi Application, the Driver and/or the Licensed Transport Operator having the possibility to choose it. As far as it is necessary to involve a Payment Platform (as it is defined in Annex no. 2 in these Terms and Conditions), in order to fulfil the compensation, it will be considered that the Driver and/or the Licensed Transport Operator irrevocably empower Star Taxi App SRL and (to the extent necessary) such a Payment Platform in order to fully or partially fulfill the compensation of the payment obligations towards Star Taxi App SRL. Moreover, as far as the Payment Platform will have any other express or similar acceptance requirements to allow the compensation, the Driver and/or the Licensed Transport Operator undertakes that, at the first request of Star Taxi App SRL, to sign and make available to Star Taxi App SRL such express or similar acceptances. Such compensation facilities may be modified or terminated at any time by Star Taxi App SRL, such changes or termination becoming effective starting with the updated publication in the Terms and Conditions. 

6.10. The parties establish a conventional charge for payment which will be made exclusively by Star Taxi APP S.R.L.

6.11. The Driver and/or the Licensed Transport Operator recognize the right of Star Taxi App S.R.L. to use, at any moment, especially in terms of card payment through the Star Taxi Application, payment processors or payments agents and the Driver and/or the Licensed Transport Operator undertakes to enter in separate contractual agreements with third parties for using Star Taxi Application. Also, Star Taxi App S.R.L. has the right to terminate, at any time, the collaborations with such third parties and/or to start new collaborations with other third parties, the Driver and/or the Licensed Transport Operator entering into its own contractual agreements with the latter. For avoidance of doubt, the Driver and the Licensed Transport Operator represent specifically that (i) Star Taxi APP S.R.L. is and will remain at any time a third party to any contracts or any other legal arrangements that implies the Driver and/or the Licensed Transport Operator, on the one hand, and to any such dedicated third parties, on the other hand, and (ii) the Driver or the Licensed Transport Operator are the only obliged within the relation with these dedicated third parties for any costs, expanses, damages, etc. and they will not turn it against Star Taxi App S.R.L., its administrators, directors, employees and/or its consultants, regardless of the cause or the legal theory on which it may be based, or of any pecuniary aspects related to the legal relationship between the Driver and/or the Licensed Transport Operator, on one hand, and such dedicated third parties, on the other hand, or in connection therewith or in connection with the assert by Star Taxi APP S.R.L. of any rights provided in this article (eg., the right to terminate the collaboration with such a third party or starting an agreement with another third party which could generate to the Driver and/or to the Licensed Transport Operator additional costs or fee payment obligations etc. which must be fully and exclusively supported by these Drivers and/or Licensed Transport Operators).

6.12. The Driver and/or the Licensed Transport Operator have access to the orders with card payment even if they do not have an active royalty package on their account. The Driver receives the orders with payment in the application (card payment or corporate voucher) even after the expiration of the active royalty on the account, and at the end of the order, from the amount collected from the customer, the driver and/or the Licensed Transport Operator agree 1 lei (VAT included) to be compensated with StarTaxi for the respective trip.

7. The Driver’s and/or the Licensed Transport Operator’s Obligations

7.1. The Driver and/or the Licensed Transport Operator undertake in relation to Star Taxi APP S.R.L.:

• to pay the prepaid royalties provided by art. 6 above in order to get access and use, under license, the Star Taxi Application;
• to follow exactly the registration procedures in the Star Taxi Application and to make available to Star Taxi APP S.R.L. all required data and documents;
• to have obtained and to keep valid all the Transport Authorizations provided by the applicable legislation for the legal provision of the Transport Services. For all and any authorizations and documents/information provided by the Driver and/or the Licensed Transport Operator at the registration process in Star Taxi Application, the Driver and/or the Licensed Transport Operator undertake to keep (a) their accuracy within the contractual relationship with Star Taxi APP S.R.L., as well as (b) the notice of Star Taxi APP S.R.L. regarding all and any changes of the authorizations and/or the documents/information provided;
• to immediately notify Star Taxi APP S.R.L. on the amendment of the legal status regarding VAT and to make available to Star Taxi APP SRL all and any documents requested by Star Taxi APP SRL. The Driver and/or the Licensed Transport Operator expressly assume all direct or indirect consequences of not notifying or of an incomplete or wrong notification of these data and clears Star Taxi App SRL of all liability inferred from or in connection therewith.
• to comply with any and all legal requirements;
• to provide real, complete and correct data and documents in the contractual relations with the Star Taxi APP S.R.L.
• to respect the intellectual property rights of Star Taxi APP S.R.L. and immediately bring to its notice any infringement or suspicion of infringement of its intellectual property rights. In order to avoid any doubt and without prejudice to the generality of this obligation, the Customer undertakes to respect (a) any and all copyrights related to the Star Taxi Application or other copyrights, in accordance with the provisions of Law no. 8/1996, (b) the trademark rights held by Star Taxi APP S.R.L. either at national level, pursuant to Law no. 84/1998, or at Community level and/or (c) any other intellectual property rights belonging to Star Taxi App S.R.L or any of its affiliates;
• not to alienate the device on which the Star Taxi Application is installed and/or the authentication data in the Star Taxi Application to a third party;
• not to commit any fraud with or in connection with the Star Taxi Application. Therefore, without prejudice to the generality of this obligation, it id expressly prohibited (a) frauds committed using the taximeter by increasing in any way the amount of payment due by the customer, over the calculated amount due by reference to all and any legal provisions (b) the installation of one or more software applications or programs on the Driver’s device which intervene in any form during the normal operation of the Star Taxi Application, fully or partially modifying, any of the parameters of the Star Taxi application;
• to exactly comply with any other obligations of these Terms and Conditions.

7.2. As a basic obligation to Star Taxi APP S.R.L., the Driver and/or the Licensed Transport Operator represent and warrant that they are the only responsible for the provision of the Transport Services and they undertake to fully pay damages to Star Taxi APP S.R.L. in any circumstances in which a customer or any other third-party may make claims on Star Taxi APP S.R.L. deducted from or in connection with the Transport Services (e.g. those regarding their agreement, execution and/or their completion).

7.3. Furthermore, the Driver and/or the Licensed Transport Operator are forbidden:

• to address offensive or calumnious statements against Star Taxi APP S.R.L. and/or its affiliates and/or regarding Star Taxi Application, directly or indirectly, by any communication channel;
• to undertake actions that may harm the interests of Star Taxi APP S.R.L. and/or its affiliates, directly or indirectly, by any means;
• to spread false information or to misinform about the activity of Star Taxi APP S.R.L. and/or its affiliates and about Star Taxi Applications or any other applications made available by them;
• to adopt public positions in press or on social media which may harm the interests of Star Taxi APP S.R.L. and/or its affiliates and/or which may have a negative impact on any application or system that form Star Taxi Application;
• to encourage or to participate to actions unfolded by third parties against the interests of Star Taxi APP S.R.L. and/or its affiliates (e.g., boycotts);
• to use a slanderous language or to infringe the rights of the representatives/employees/collaborators/associates/real beneficiaries of Star Taxi APP S.R.L. and/or its affiliates.

7.4. In all the situations in which the registration of the Drivers into the application has been made by the Licensed Transport Operator, because of a pre-existent principal – agent relationship legally accepted between the Licensed Transport Operator and the respective Driver, the liability of any of them shall be read as a joint liability of the Driver and the respective Licensed Transport Operator (in other words, without the possibility of invoking any benefit of division or discussion etc.).

7.5. In case of violation of any of the interdictions shown in the art. 7.3. above, a penalty of 5000 [five thousand] Euro per event is due by the Driver and/or the Licensed Transport Operator as a penal clause and it will be paid at the first and simple request of Star Taxi APP S.R.L.

8. Limiting or prohibiting access to the Star Taxi Application

8.1. Star Taxi APP S.R.L. is not and cannot be construed as part of the contractual transport relationships resulting from the licensing of the Star Taxi Application in accordance with these Terms and Conditions The transport agreement is concluded directly and exclusively between the Driver and/or the Licensed Transport Operator and the Customer, Star Taxi Application facilitating only the possibility of the Customer to directly contract the Transport Services. However, the Customer represents that he/she understands and agrees that Star Taxi APP SRL cannot be indifferent to the manner in which the Transport Services are performed and provided, on condition that they are directly reflected in (i) the number of downloads of the Star Taxi Application by Customers and Drivers and/or Licensed Transport Operators and (ii) the frequency of use of Star Taxi Application by Customers and Drivers and/or Licensed Transport Operators. Thus, in view of all the above, the Driver and/or the Licensed Transport Operator agree that Star Taxi APP S.R.L., without prejudice to the right of Star Taxi APP S.R.L. to terminate at any time the agreement with the Driver and/or the Licensed Transport Operator and in addition, to apply a set of sanctions that may be in the form of a temporary suspension of the possibility to receive/request Transport Services through the Star Taxi Application (which will not exceed 120 hours for individual breaches and respectively 240 hours in case 2 or more individual breaches are committed) or the prohibition of using the Star Taxi Application for a maximum of one year after termination by Star Taxi APP SRL of the agreement with a certain Driver and/or Licensed Transport Operator following the decision of Star Taxi APP S.R.L. Attached to the Terms and Conditions, there is an inexhaustive Regulation, that form an inseparable part thereof,  that does not limit the sanctions regime covered by these Terms and Conditions which present only the general violations.

8.2. Star Taxi APP S.R.L. may establish with mandatory value a minim average rating and a minimum score of the activity that must be achieved and maintained by the Drivers and/or the Licensed Transport Operators. In case that the Driver and/or the Licensed Transport Operator have a minimum average rating and a minimum score below the set values by Star Taxi APP S.R.L. and, if, after receiving an operative notification from Star Taxi APP S.R.L. (inclusively in a form of a message to the phone number declared at the time of registration), the Driver and/or the Licensed Transport Operator do not increase the average rating or the score of his/her activity up to the minimum required level, during the period of time specified, the respective account of the Driver and/or the Licensed Transport Operator will be automatically suspended temporary or permanently. In case you believe that such an interruption has been made as a result of a system error of Star Taxi Application or as a result of some willful false ratings from Customers or any other elements that will objectively exonerate you, you must notify in writing Star Taxi APP S.R.L. about all of these aspects within 24 [twenty-four] hours from the data of their registration/ realization under the sanction of not taking into account such a notification, the burden of proving them falls being exclusively on you (e.g., the Driver and/or the Licensed Transport Operator), and Star Taxi is not liable in any way for the application of the measures shown.

9. Disclaimer and Limitation of Liability of Star Taxi APP S.R.L.

9.1. The provision of the Star Taxi Application by Star Taxi APP S.R.L. it is made “AS IS“, respectively “AS AVAILABLE“, without any representation or approval and without any warranty, be it express or implicit.

9.2. Star Taxi APP S.R.L. and entities associated with or affiliated with Star Taxi APP SRL, including any employee, consultant, lawyer, manager or administrator thereof, shall not be liable for any direct, indirect or related loss and for any damages (including, without being limited to: loss of business or opportunity, loss of data, income or profits of any kind) arising out of or in connection with the use of the Star Taxi Application.

9.3. Star Taxi APP SRL does not represent and does not offer any warranty that the Star Taxi Application will meet the Driver’s and/or the Licensed Transport Operator’s expectations otherwise than as explicitly provided in these Terms and Conditions or that the functionality of the Star Taxi Application will be uninterrupted or error free, that defects will be corrected or that the Star Taxi Application products within this application or the server that makes them available are free of computer viruses or any other elements that may affect the systems with which it interacts directly or indirectly.

9.4. Star Taxi APP S.R.L and/or the entities associated or affiliated with Star Taxi APP S.R.L reserve the right to deny you access at any time (even without notice) to the Star Taxi Application and not to be held liable for the unauthorized/fraudulent use of the Star Taxi Application.

9.5. Star Taxi APP SRL and/or entities associated or affiliated with Star Taxi APP SRL reserve the right to refuse or remove (even without notice) images or texts posted in the Star Taxi Application or transmitted by means of communication and/or use of offers.

9.6. In any and all situations in which the liability of Star Taxi APP SRL is involved, any and all liability, resulting from these Terms and Conditions, for any other contractual or tortious cause, and regardless of the theory or legal cause on which it is based, will be limited the amount of 200 [two hundred] Euro.

9.7. Star Taxi APP S.R.L will not be held liable in any case of force majeure or unforeseeable circumstance.

10. Communications through the Star Taxi Application

• Communications between the Driver and/or the Licensed Transport Operator and the Customer

10.1. The Driver and/or the Licensed Transport Operator agree to provide contact details by phone. However, only the Customer will be able to initiate communication with the Driver and/or the Licensed Transport Operator through the indicated phone or directly through the Star Taxi Application (e.g., push notification messages).

• Communications between Star Taxi APP S.R.L. and the Driver and/or the Licensed Transport Operator

10.2. The Driver and/or the Licensed Transport Operator will allow the sending of any communications from Star Taxi APP S.R.L. through:

• the Star Taxi Application;
• the Star Taxi website (www.startaxi.com)
• by email to the address indicated when registering in the Star Taxi Application;
• by means of the mobile phone indicated when registering in the Star Taxi Application;
• home or corporate office address indicated when registering in the Star Taxi Application or the new address, if this has been validly communicated to Star Taxi APP S.R.L.

10.3. The Driver and/or the Licensed Transport Operator will validly communicate Star Taxi APP S.R.L. through:

• the Star Taxi Application;
• for support matters, as set forth in these Terms and Conditions in the Star Taxi additional Services section.

• Other communications from third parties

10.4. The Driver and/or the Licensed Transport Operator agree that by means of the Star Taxi Application, Star Taxi APP S.R.L. shall facilitate the communication of commercial messages of third parties by the communication and dissemination thereof through the Star Taxi Application and agrees to receive such messages.

10.5. Star Taxi APP S.R.L. is in no way involved in the description of the content of such messages and will not be held liable in any way for situations where such messages from third parties result in any form of legal liability. The Driver and/or the Licensed Transport Operator represent and warrant that they fully understand all these and fully agree with the absence of any liability of Star Taxi APP S.R.L.

11. Applicable Law and Jurisdiction

11.1. These Terms and Conditions shall be governed by and construed exclusively in accordance with Romanian law.

11.2. Any and all disputes will be settled by the courts of material jurisdiction from the seat of Star Taxi APP S.R.L.

12. Final terms

12.1. These Terms and Conditions represent the sole agreement between the Parties mentioned herein and supersede any other prior agreements and/or understandings between the Parties regarding the subject matter of these Terms and Conditions.

12.2. By the express agreement of the Parties, the possible nullity or inapplicability of a clause of the Terms and Conditions is limited to this and does not affect in any case the other contractual provisions. In this case, the Parties undertake to negotiate in good faith in order to establish a new provision in relation to which there is a mutual agreement, which will replace the null or unenforceable provision and which, as soon as possible, will produce effects in accordance to the intentions expressed in the Terms and Conditions.

12.3. No waiver of any breach or non-compliance with these Terms and Conditions, whether or not the other Party is aware of it, shall be deemed a waiver of any subsequent breach or a breach of a similar or different nature.

12.4. Failure by a Party to ask the other party to fulfil any provision contained in these Terms and Conditions shall not be deemed to be a waiver of the rights of the above-mentioned Party with respect to such provisions.

12.5. (i)The Driver and/or the Licensed Transport Operator expressly agrees to waive the possibility to claim the theory of unpredictability under the conditions established by S.1271 Civil Code. (ii) Also, the Driver and/or the Licensed Transport Operator expressly and exclusively assume the legislative risks (including those related the way of interpretation of the legislation as it is carried out by any organ of the central or local state administration or by the judicial organs or courts of any kind). (iii) during the whole period of the COVID 19 pandemic state, the Driver and/or the Licensed Transport Operator represent exclusively that they have fully understood the impact that this has or may have both in terms of concluding the contract with Star Taxi APP S.R.L. (by accepting the Terms & Conditions) as well as regarding the execution of the contract with Star Taxi APP S.R.L. and that it assumes the possible negative consequences that could result, fortuitously or not, from the existence of the COVID -19 pandemic state.

12.6. The Driver and/or the Licensed Transport Operator expressly represent that they have fully understood and accept exactly the clauses of these Terms and Conditions.

12.7. In case that the Driver and/or the Licensed Transport Operator have previously had benefit of (i) SIM card and/or (ii) mobile device (smart phone) provided by Star Taxi APP S.R.L., these Terms and Conditions will apply to them, too, by mentioning that the basic provisions of the initial signed agreements regarding (i) the SIM cards and or (ii) the mobile devices will still apply. The Drivers and/or the Licensed Transport Operators that do not comply with the foregoing may ask Star Taxi APP S.R.L. in writing for the unilateral termination of the existing agreements and to return the SIM cards and/or the mobile devices they had previously received, in maximum 30 [thirty] days starting from the acceptance of these Terms and Conditions, by way of derogation from other contrary provisions of these Terms and Conditions. In case that the Drivers and/or the Licensed Transport Operator do not express in writing their intention to terminate the agreements, within the 30 [thirty] days shown above, it is considered that they have accepted the offer provided by these Terms and Conditions.

12.8. These Terms and Conditions shall be supplemented with: