Terms and conditions – startaxi.com 2020-12-10T13:52:55+00:00
last update: 16/07/2020

Terms and Conditions for using the StarTaxi aplication

Thank you for the interest shown for the Star Taxi App application developed and operated by Star Taxi App srl.
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 computer 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 computer 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 in Bucharest, sector 6, str Splaiul Independentei, nr. 319, OB 421, J40/13115/2011, Sole Registration Code RO 29300987, phone 0732.592.210, email contact@startaxiapp.ro, 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 you wish to disable the account created in the Star Taxi Application, please ask us in writing to disable the account already created. 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.

  1. 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 “Customer”, the section of it compatible with the operating system of the Customer’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 Customer 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 Carriers, 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.
  • “Carrier” – 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, Nr. 319, OB 421, Intrarea III, Sema Parc, Sector 6, registered with the Trade Register under no. J40/13115/2011, Sole 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 Carrier, as the case may be.
  • “Authorization Area” – represents the geographical and legal area for which the Carrier 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.
  1. Conditions for using the Star Taxi Application

A. General Conditions of Use of the Star Taxi Application

4.1. The Customer hereby represents and warrants that he/she is over 18 years old and that he/she has full legal competence.

4.2. The Customer represents and warrants that the access to the Star Taxi application and the use thereof or any of its functions is granted by Star Taxi APP S.R.L. exclusively for non-commercial uses of the Star Taxi application. Any commercial use of the Star Taxi application or any of its functions may be made only with the prior written consent of Star Taxi APP S.R.L.

4.3. The Customer represents that he/she fully understands and fully accepts that through the Star Taxi Application, the Customer will be able to place requests for Transport Services to Drivers and/or Carriers in order to conclude transport agreements without guaranteeing him/her in any way (explicitly or implicitly) the conclusion of any transport agreements. The Customer represents that he/she fully understands and fully accepts that Star Taxi APP S.R.L. is not and does not become at any time part of the pre-contractual transport activities as well as of the transport agreement that will be concluded exclusively between the Customer, on the one hand, and the Driver and/or Carrier, on the other hand. The Customer, hereby, waives any and all present or future claims resulting from any and all pre-contractual activities or omissions as well as from those related to or in connection with the Transport Services and/or the transport agreement concluded between the Customer, on the one hand, and Driver and/or Carrier, on the other hand.

4.4. The Customer represents that he/she fully understands and fully accepts that these Terms & Conditions may be amended at any time, at the free and simple discretion of Star Taxi APP S.R.L., including the possibility to fully terminate the licensing of the Star Taxi Application in any way. The Customer declares that he/she fully understands and fully accepts that in the absence of the above, Star Taxi APP S.R.L. would never have allowed the Customer to have access to the Star Taxi Application.

4.5. 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 done in full compliance with the Privacy Policy, which is an integral part of these Terms and Conditions.

B. Minimum technical conditions for accessing and using the Star Taxi Application

4.6. 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:

– GPS option enabled;

– all activated location services;

– the mobile data option enabled.

(c) operating system minimum Android 5.0 and minimum IOS 11.0.

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

4.8. In case of problems in activating the Star Taxi Application, please contact the Star Taxi APP S.R.L. call centre, part of the Star Taxi Additional Services.

4.9. 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 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 Customer’s account and/or any functionality of the Star Taxi Application in situations where

– the Customer’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 Customer’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 Customer may be sanctioned by the (temporary or permanent) interruption of the use of the Star Taxi Application.

  1. 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 Customer 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 Romania, provided that the Star Taxi Application is available only in certain locations in Romania;

– for a single device;

5.2. The license on the Star Taxi Application aims at facilitating the access to the Transport Services by the Customer’s placement of some Requests of Transport Services to the Drivers and/or Carriers for the conclusion of transport agreements.

5.3. By using the Star Taxi Application, no contractual/tortious interference is created and it cannot be interpreted that such interference is created between (i) Star Taxi APP S.R.L and Customers or (ii) any other contractual relationship between Star Taxi and Drivers and/or Carriers. In order to avoid any doubt, it is provided that all and any obligations arising from or in connection with the conclusion, performance and/or termination in any way of the Transport Services involve exclusively the Driver and/or the Carrier, on the one hand, and the Customer, on the other hand, Star Taxi APP SRL being a perfect third party in relation to the Transport Services. Also, Star Taxi APP S.R.L. does not warrant in any way the Customer that he/she will be able to conclude transport agreements by using the Star Taxi Application.

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. and the Customer represents and warrants 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 the Star Taxi Application for the distribution of unsolicited commercial messages (“spaming“), political, racial, discriminatory in any way, cultural, commercial or for any purpose other than the sending of justified personal messages, in accordance with these Terms and Conditions;

– 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 centre available at: +40 732 592 210 in the time interval 24/7.

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.

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

6.1. For the brokerage activities carried out with the help of the Star Taxi Application, no royalties are due by the Customer. For the avoidance of any doubt, any estimate of the value of a transaction associated with the provision of any Transportation Services displayed by the Star Taxi Application has only an informative and estimative value and does not bind in any way the completion of the Transportation Services in accordance with such estimate.

6.2. In the event that the Customer agrees to pay by bank card through the Star Taxi Application, upon any conclusion of a transport agreement, the Customer will owe Star Taxi APP S.R.L. a royalty of 1 [one] RON (the amount that includes the related VAT) for each transport contract concluded through the Star Taxi Application and which will be paid by debiting the Customer’s bank account. For the avoidance of any doubt, the mentioned royalty is due by the Customer (i) for concluding the transport agreement and not for the performance thereof, (ii) regardless of whether or not the Customer subsequently cancels the order or does not show up for the order and (iii) regardless of the final value of the transport service provided. In case of payments made by the Customer by bank card, given the requirements of the payment operators, the Customer declares that he/she understands and accepts that minimum values ​​of a transaction may be imposed, a value that can change over time. Thus, in case the value of a Customer’s transaction is lower than the minimum value mentioned above, the Customer agrees that the debiting of his/her bank card and the payment of the Transport Services performed by the Customer should be made by relating to such a minimum value. The minimum value is 8 [eight] RON and does not include the royalty of 1 [one] RON due by the Customer to Star Taxi APP S.R.L.

6.3. By derogation from any legal provisions contrary to the payment of the royalty, it is considered legally made only on the date of the full crediting of the Star Taxi APP S.R.L. account no. RO77INGB0001008199678910 open at bank ING Bank. Partial payments will not be considered.

6.4. 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.

6.5. At the request of the Customer, Star Taxi APP S.R.L. will make available to the Customer (in electronic format, at the email address specified by the Customer when registering in the Star Taxi Application) invoices for the Royalties that Star Taxi APP S.R.L. collects from the Customer.

  1. Customer’s Obligations

7.1. The customer undertakes in relation to Star Taxi APP S.R.L.:

– to pay the royalties provided by art. 6 above;

– 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 comply with any and all legal requirements related to the transport agreement that it seeks to conclude;

– to show up for the travel in the place indicated and at the time indicated by the Driver on the occasion of concluding the transport agreement through Star Taxi Application;

– to have a civilized and decent behaviour in the relationship with the Driver. In this respect, considering the incidental legislation, the Customer represents that he/she understands and accepts the fact that he/she may not be allowed to board insofar as he/she is intoxicated or under the influence of drug use, or if he/she causes scandal, etc.

– 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;

– to provide accurate data in all interactions and communications with the Star Taxi Website and Application;

– to assume responsibility for its actions on the Website, the Star Taxi Application and in the presence of our partners such as Drivers;

– agrees to receive offers and promotional materials from Star Taxi APP S.R.L. and its partners; in accordance with the marketing preferences set in the personal account from its Website or the Star Taxi Application;

– shall not publish obscene, defamatory, abusive materials in any way, or illegal in accordance with current legal provisions;

– shall not abuse the functionality of the Star Taxi Website and Application and shall not take any action in relation to them that may cause damage to Star Taxi APP SRL, including but not limited to, the introduction of viruses, malicious code, modification, copying or deletion of any information on the Website except personal data;

– shall not commit any kind of fraud with or in connection with the Star Taxi Application.

– agrees to the processing of personal data in order to use the Star Taxi Application;

– agrees that any feedback received from Drivers and/or Carriers or from the authorities may be used in the algorithms of the Star Taxi Application when proposing potential Drivers and/or Carriers to perform the Transport Services.

– that it understands and accepts that Star Taxi APP S.R.L. cannot guarantee a certain level of Customer satisfaction resulting from or in connection with the Transport Services contracted through the Star Taxi Application and also that Star Taxi APP does not have and cannot have any liability resulting from or in connection with a transport agreement concluded through the Star Taxi Application.

– will not use the Star Taxi Website and Application for spam activities in any way, including election campaigns, the collection of names or email addresses or any data provided by the Website and/or the Star Taxi Application;

– that it understands and accepts that Star Taxi APP S.R.L. is not and cannot be in any way held liable, contractually or in tort and regardless of the legal theory which it may claim), for any harmful activities (related to goods and/or persons) caused to the Customer or to any persons benefiting from the Transport Services contracted by the Customer through the Star Taxi Application, caused by Drivers and/or Carriers and/or any person who by abusing of the Star Taxi Application, provide the Transport Services without having such a right or claim a right that is no longer valid at the time of providing the Transport Services or in case it no longer has a valid contractual relationship with Star Taxi APP SRL to use the Star Taxi Application.

– to exactly comply with any other obligations of these Terms and Conditions.

  1. Limiting or prohibiting access to the Star Taxi Application

8.1. The Customer bears full responsibility for the accuracy of the data provided, as well as for the confidentiality thereof. He/she will immediately notify Star Taxi APP S.R.L. in case his/her account or any data related to it are compromised, including but not limited to name, date of birth, credit card data, passwords, usernames and others. The Customer assumes full responsibility for his/her activity on the Website and in the Star Taxi Application, for comments, posts, account, data and any other interaction with the Website or the Star Taxi Application. The user is responsible for restricting access to his/her devices, where appropriate. Therefore, he/she is responsible for maintaining the integrity of his/her account in the Star Taxi Application and assumes responsibility for all activities that take place through it. Fraudulent, abusive use, unauthorized access, the copying or modification of data, images, or of any part of the Website is prohibited and will be punishable by law. Star Taxi APP S.R.L. reserves the right to close, suspend or alter the access of any Customer to the Star Taxi Webite and/or Application or to any part thereof, without notice and without evidence, as a result of suspicions of abusive use, contrary to the purpose of the Star Taxi Website and Application, in relation to the Customer.

8.2. 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 Carrier 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 Carriers and (ii) the frequency of use of Star Taxi Application by Customers and Drivers and/or Carriers. Thus, in view of all the above, the Customer agrees 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 Customer 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 72 hours for individual breaches and respectively 120 hours in case 2 or more individual breaches are committed – the relapse situation – within one week from the first individual breach) 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 Customer.

8.3. The Customer expressly agrees that the sanctioning system provided by art. 8.1. and 8.2. above be applicable in any situations of breach of these Terms and Conditions and, without prejudice to the generality of this clause, in particular in situations of fraud committed with the help of or in connection with the Star Taxi Application.

  1. 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 Customer’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 100 [one hundred] Euro.

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

  1. Communications through the Star Taxi Application

A. Communications between the Driver and/or the Carrier and the Customer

10.1 [The Driver and/or the Carrier agree to provide contact details by phone. However, only the Customer will be able to initiate communication with the Driver and/or the Carrier through the indicated phone or directly through the Star Taxi Application (namely push notification messages). The communications initiated by the Customer will refer strictly to those related to the conclusion and performance of the transport agreement between the Driver and/or the Carrier and the Customer.

B. Communications between Star Taxi APP S.R.L. and Customer

10.2. The Customer will allow the sending of any communications from Star Taxi APP S.R.L. through:

– the Star Taxi Application;

– 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;

10.3. The Customer will validly communicate with 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.

C. Other communications from third parties

10.4. The Customer agrees 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 Customer represents and warrants that he/she fully understands all these and fully agrees with the absence of any liability of Star Taxi APP S.R.L.

  1. 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.

  1. 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. The Customer expressly agrees to waive the possibility to claim the theory of unpredictability under the conditions established by S.1271 Civil Code. Also, the Driver and/or the Carrier expressly and exclusively assume the legislative risks.

12.6. The Customer expressly represents that they have fully understood and accept exactly the clauses of these Terms and Conditions.

12.7. These Terms and Conditions shall be supplemented with:

Annex no. 1. – Privacy Policy.