Driver

Terms and Conditions

Taxaki services are provided on specific terms of use, which constitute a binding agreement between you and Digital Academy. Please read the following text carefully and use the Taxaki services provided only if you comply with these terms. The terms and conditions of the present apply to all our services directly or indirectly.

By installing on your terminal and using the relevant Taxaki software you agree that you have read and fully understand the terms set forth herein and that you accept them unconditionally.If you do not agree to these terms and conditions and do not intend to be bound by them, please do not install the application or delete it immediately and do not use it in any way by any device.

These terms may be amended from time to time and shall take effect immediately upon their publication, unless otherwise specified. Immediately after the modification of the terms, which are always available here, their acceptance is required for the use of the software.

Digital Academy, as the legal owner of the Taxaki platform and related Software, grants the Driver a non-exclusive and non-transferable right to use the Taxaki Software and communication system, for its own professional use only, in accordance with its terms and conditions agreement between them, the suggestions and instructions of the Company for the purpose and duration of the Services, in compliance with the terms and conditions listed below.

1. Definitions

For the purposes hereof, the following definitions shall apply:

• • «Company» : the company Digital Academy, which provides Passengers with Taxaki services and processes Passenger Data on behalf of Drivers,
• • «Passenger»: the individual who uses the application "Taxaki" for the mobile phone or through this website to "call" a taxi,
• • «Software»: the "Taxaki" application for mobile or internet, which belongs to the Company and is used by the Passenger to "call" a taxi, and through which Drivers have the opportunity to receive transfer orders from potential passengers seeking taxi services via of the Company in the area of provision of the services of the Driver,
• • «Driver»: private rental drivers (taxis), who, for the execution of the contract of carriage of their passengers, use the application "Taxaki" and have assigned to the Company the execution of the processing of their Passenger Data,
• • «User»: each User of the Software
• • «Taxaki Services» : the services provided to the Drivers and include the license to install and use the Software through which the Drivers have the opportunity to receive transfer orders from potential passengers seeking taxi services through the Company in the driver service area.
• • «Taxi services» : the transport services provided by the Drivers to the Passengers.
• • «Data»: the personal data of the Passengers provided by the Driver as the controller are collected by the Company as the processor on behalf of the Driver as the controller, as well as the personal data of the Driver, collected by the Company in accordance with the relevant Agreement .

2. Object of Taxaki services

Taxaki is a communication platform through which Connected Drivers can receive transfer orders directly from Passengers interested in taxis. More specifically the Software:

• • gets in touch with the Taxi Drivers located near the Passengers
• • makes a choice among the Drivers that are immediately available
• • allows Passengers to choose their own Taxi Driver.

The Drivers ID will be displayed to passengers seeking taxi services through the Software. The information that will be presented each time to the Passenger will be the following: the full name of the Driver, his mobile phone number, his photo, the taxi plates, the type of the taxi, its location, if there is air conditioning, ability to transport pets, the average rating of the Driver by other passenger users, as well as if it has a POS machine.

Once the Wizard "runs" the application and activates the "Available" mode, the location of the Driver is automatically made known to potential passengers. However, information about passenger users will only be available to the Driver when passengers call taxi services through the Software.

Caution! The Company is not a private lease or transfer or postal service provider. It functions solely as an intermediary between the Taxi Driver and the Passenger and, from the moment the Passenger makes a reservation through the Software, any commitment relates to his legal relationship with the booked Taxi Driver. The Driver is responsible for providing transportation services, which can be facilitated and programmed through the "Taxaki" service.

The Software provides information on finding taxi services and the Company is not responsible for the quality of the transport services offered by each Taxi Driver to the Passenger. The Company has no responsibility or liability for the taxi services provided to the Passenger by the Driver or for any items that may be transported.

The Company can in no case guarantee the level of services or the rating of each user, nor can it guarantee the accuracy, correctness and completeness of the data and information displayed in the Software.

The Company grants the Driver the right to use its Software and the Taxaki communication system, including relevant voice over IP (VoIP) services for professional use, in accordance with the terms of the Contract and its accompanying documents, including the respective terms of use published on the Company's website www.dga.gr, and the current legislation, at the price specified in the current Pricelist.

Voice over IP Internet voice services depend on the Internet connection and the network on which that connection is based. The Services are provided with a geographical number of the area that the Driver declares as a permanent installation. The Services may be used nomadically (ie, away from the address stated by the Driver as a permanent establishment) but the Driver may not use the Services on a permanent basis outside the geographical area for which the number was assigned in accordance with National Numbering Plan.

Voice over IP services are intended to support the Taxaki communication system and not to provide other services that may be provided by fixed or mobile telephony.

The Company grants the Driver the right to use Equipment with the Company Software, which includes the Taxaki online platform, through which Drivers have the opportunity to receive transfer orders from potential passengers seeking taxi services through the Company in the area of supply of services. The right to use the Company Software is non-exclusive and non-transferable and is the property of the Company and its licensees.

3. Personal Data protection

The Driver is solely responsible for the data and information displayed on the Software and is responsible for processing the personal data of its Passengers for the execution of their transport contract and for their best service using the Software. In this context, the Company, as the executor of the processing, processes the data on behalf of the Driver, who determines the purpose and the way of processing, according to the current legislation on personal data, and in particular the General Regulation Data Protection (ΕΕ) 2016/679 (hereinafter GDPR) and the law 4624/2019, as applicable.

The Driver, for the execution of the Passenger transport contract and for their better service, collects and processes Data, according to the following table:

The Company processes and maintains the Data, in accordance with the current legislation and the instructions and guidance of the Driver. Data is subject to the following processing activities: collect, register, organize, structure, store, modify, search, use, transfer, restrict, delete.

The duration of data retention is determined by the retention obligation imposed by the current legal framework governing the services provided by the Driver, taking into account the principles of Article 5 of the GDPR, as well as by the legal framework governing its civil and tax obligations. The Company, according to the Driver, deletes or returns all the Data after the end of the provision of processing services. It is possible to extend the retention period of the Data for reasons of proof before the courts, fulfillment of contractual obligations by the controller or in case required by current legislation, court decision or prosecutor's order or in compliance with instructions of Public or Independent Authorities.

The Company takes and implements the appropriate technical and organizational measures, in accordance with the requirements set by current legislation, to ensure an appropriate level of Data protection from unauthorized access, disclosure, alteration, deletion or loss. The processing of the Data takes place by the authorized employees of the Company, and by any other subcontractor that is possible to hire and will have the capacity of the executor of the processing.

The Company ensures that the persons authorized to process Data (employees and added) have committed to maintaining confidentiality, process the Data only for the above purposes, know and follow the instructions of the Driver, comply with the GDPR, and that everyone else the executor involved in the execution of the processing has sufficient guarantees for the implementation of the appropriate technical and organizational data processing measures.

The Company implements and maintains a written Personal Data Protection Policy, which is posted on the relevant website, www.taxaki.com , of which the Driver is aware.

In case of any breach of Personal Data in the context of the provision of "Taxaki" services, the Company must within 24 hours of knowledge of the breach of Data to inform the Driver under Article 33 of the GDPR and provide information and assistance that can be provided on the nature of the breach, the data affected, measures that can be taken to address the breach, mitigate the potential consequences, and co-operate if possible, with the Driver for any further procedure that may be required.

The Passenger has the following rights regarding the Data processed by the Company on behalf of the Driver: right of information, right of access, right of correction, right of deletion, right of restriction of processing and right of objection. For any communication regarding the rights hereof the Passenger sends an e-mail to the address gdpr@taxaki.com, and is informed regarding the Privacy Policy and the Security and Privacy Policy of the Company from the Company's website www.dga.gr

The Driver concludes with the Company a Private Agreement on the processing and protection of personal data. In the event that the Driver discloses to the Company personal data that concern him and that are necessary for the execution of the Agreement between them (restrictive such data include identity details, VAT number, contact details, registration details and registration details of his car Driver), the Company processes and maintains this Data as a processor, in accordance with current legislation.

4. Charges

The Company issues a Service Invoice, which is sent to the Driver by electronic means. The Driver must pay the obligations of the previous month in the first ten (10) calendar days of each month. In case of delay or inability to pay the invoice the Company has the right to increase the total amount due by the Driver with default interest of 1% per month on the amount due, unless otherwise provided by law, and subject to exercise all legal right of the Company in accordance with the terms of current legislation, but also to suspend the operation of the Driver's account.

The Driver is obliged to pay any taxes, fees, deductions and other charges mentioned herein. The Passenger is not charged with any charge at all and pays directly the Driver for the taxi services provided to him. Regarding the payment of fares, the Driver must comply with its tax obligations and issue legal documents. In addition, it is obliged to declare accurate and true information to the Company for the issuance of the legal document. The Company is obliged to provide any information that is legally required and provided regarding the electronic transactions of its members.

5. Registration and use of software

For the use of the Taxaki Services, the registration with the conclusion of a Contract is required, which is of indefinite duration and its validity starts from the receipt and acceptance by the Company of the Driver's signed Application and the terms of the Contract after the accompanying supporting documents. The Contract may produce legal effects even before the receipt by the Company of the original signed forms, in case the Driver installs the Company's Software on its equipment, by filling in the relevant fields and posting in the relevant application the necessary supporting documents or in case that the Company receives and accepts a copy of these signed forms at the fax number +30 2107292666 or at the e-mail address info@taxaki.com. In this case, the validity of the contract starts from the sending by the Company to the Driver of their declaration of acceptance in the most convenient way (indicatively, by sending a copy of the Application and the terms of the Contract signed by fax or by e-mail or by informing the Customer in the relevant application), and the Guide is obliged to comply with its financial Obligations to the Company.

The Driver is obliged to comply with the legislation, concerning the taxi services, as well as the tariff regulations, and to carry out transport services in accordance with the applicable regulations.

To use the Software, the Driver is required to have obtained all the relevant approvals for the provision of taxi services or to be an employee of the holder of the relevant approvals, in accordance with current legislation. The Company or even the Passenger user have every right to request documents and data certifying the services of the Guide at any time. In addition, a user who is an employee of a taxi license holder uses the Software only if the latter approves the use of the Software and in case this approval is withdrawn, the Company must be informed immediately.

The Driver should respect the local traffic laws.

The Driver user account is completely personal and passwords or access to it by persons other than the Driver is expressly prohibited. In case the Company becomes aware of a violation of the previous paragraph, the Guide account is permanently terminated and the cooperation with the Company ceases.

If you wish to use the Taxaki Services, the Driver is required to complete a registration form.

Upon completion of its Registration, the Driver agrees to the following:

• 1. To comply with these terms, the terms of the Contract, the Private Agreement on the processing and protection of personal data and its Annexes, the Privacy Policy and the Security and Privacy Policy of the Company.
• 2. To provide accurate and true information, which may be modified, as the accuracy of the data is necessary for the provision of the transfer service by the Driver. In case of intentional provision of inaccurate information, the registration is not accepted and any use of the Software is not allowed.
• 3. To refrain from defaming the Company.
• 4. Do not use the Software that is likely to damage it or make it less effective.
• 5. Do not try to access other users' accounts.
• 6. Do not spread content that may be obscene, threatening, defamatory or even disturbing to specific individuals or groups of people based on social, racial or other criteria.
• 7. Do not transfer files that may be harmful (viruses, trojans).
• 8. The Company is not responsible for the type and content of conversations and data of each user. In case the Passenger or the Driver wants to report and complain about a user, he can do so either through the Taxaki application or through the Company's website www.dga.gr.
• 9. Obey the laws of the state in which it is located when using Taxaki.
• 10. Respect the Passenger who is introduced to him through the Software.
• 11. In case of violation of these terms, to compensate the Company.
• 12. Do not use offensive and inelegant nicknames.
• 13. Do not make improper use of the Software to cause inconvenience or discomfort.
• 14. Do not disclose the personal information of other users, especially without their consent.
• 15. To constantly inform if the taxi is free or rented, so that Passengers can see its availability.
• 16. To have in its vehicle the advertising material of the Software, in a place where the Passengers can see and pick it up. This material is provided to the Driver by the Company.
• 17. The sole person responsible for maintaining the password of the Driver is himself. If there is any unauthorized use of his account, the Driver should contact the Company directly at contact@taxaki.com or call at +30 2103003530.
• 18. The use of the Software via mobile phone may burden the Driver with the payment of a fee to the mobile phone provider it uses, for which the Company is not responsible.
• 19. When the application is open and the taxi is available, the Guide can receive transfer requests from short-distance passengers. To accept transfer requests, it is requested to respond to each user-Passenger within 20 seconds. At the end of this time limit the request of the potential Passenger is automatically rejected and the Driver has no way to communicate with this Passenger afterwards.
• 20. All costs, whether related to the maintenance or operation of the Driver's vehicle are covered exclusively by him.
• 21. In order to access the Software, the Driver must constantly check that his mobile phone, GPS, internet connection, and tablet compatible with the Software are working.
• 22. The Driver has an exclusive obligation to pay any fines, penalties and legal or administrative proceedings concerning the provision of taxi services.
• 23. In case the Driver accepts the Passenger's request but changes his mind and wishes to cancel it, it must be canceled with special actions through the Taxaki services. The Company does not bear any responsibility for cancellations, delays or failure to provide services between Taxi Driver and Passenger.
• 24. The Company reserves the right to make changes in the provision of services at any time it wishes, in accordance with the terms of the Contract. In the event of damage to the Passenger or the Driver due to any modification to the services provided, the Company bears no responsibility.

6. Prohibited Uses

It is strictly forbidden to resell, use, monitor, reproduce, display, download or distribute through any links any information or content of the Software for any purpose.

7. Rating and comments

Passengers are the ones who evaluate and rate the taxi services provided to them each time and must be objective.

Passengers who make an evaluation are getting informed and accept, giving explicit consent when asked, that the comment may:

• • be posted on the Software page to inform prospective passengers about the quality of service provided by the respective Taxi Driver
• • be used in the Software or on other platforms (eg social media, special offers, etc.) to improve and promote Taxaki services.

Passengers may at any time request the deletion of their rating and comment, which has been used as above, by sending a request to the relevant email gdpr@taxaki.com.

The Company may remove or even refuse the posting of Passenger comments, applying the instructions of the Drivers and the applicable legislation.

8. Liability Disclaimer

The Company recommends Passengers to Drivers for transportation purposes and explicitly states that there has been no prior process of assessing the suitability, legality and even capacity of each Driver. For this reason it is expressly acknowledged that neither the Driver nor the Passenger can claim from the Company any liability or damage arising from the relationship between them. The Company is not involved in any way in the management of payments between Passengers and Drivers. The responsibility for the decisions made by the Driver in conciliation with the Passenger rests solely with the Driver. By accepting the provision of taxi services, the Driver acknowledges that the Company has no involvement in the contractual relationship between the Driver and the Passenger.

9. Expiry

The Contract with the Driver is agreed for an indefinite period and the Parties have the right to terminate it without compensation. The Contract is terminated within one (1) month from the relevant notification.

The Company reserves the right to stop providing services at any time it wishes. If the Driver is damaged due to the cessation of the provided services, the Company bears no responsibility.

The Company may unilaterally, and subject to the claim for compensation, temporarily suspend the operation or permanently abolish the user account and the provision of the Services when:

• • the Driver violates any of the obligations contained in these terms and the contract,
• • the Company detects damage to itself, to the Passengers or to third parties from the activities of the user Driver,
• • the Driver no longer has the authority to provide taxi services,
• • does not pay the due fees on time,
• • accepts the transfer request from a Passenger, but has a weakness or defect in the transfer.

In case of temporary suspension or cancellation of his account according to the above, the Driver can not claim any compensation from the Company.

The fee to be paid to the Company when the contract expires, or if / when the Driver account is canceled or suspended becomes immediately overdue.

10. Copyright

The Software and other content of the Taxaki Communication System, including trademarks, images, graphics, photographs, drawings, texts, are protected by copyright or other copyright or industrial property rights of the Company, excluding the copyright of its affiliates. of the Company or third parties, where it is explicitly mentioned.

The user is obliged to respect the intellectual property rights of Taxaki, knowing that the Software may not be reproduced or used in any way by third parties without the written permission of the owners.

The Company is not responsible for any copying, distribution, transfer of any part of the Software in violation of third party rights.

The Company grants the user a non-exclusive and non-transferable right to use the Taxaki Software and communication system, for its own use only, in accordance with these terms, the terms of the Contract, the instructions and instructions of the Company, for the purpose and the duration of the Services.

11. Maintenance and Support

The Company is not obliged to provide the Driver with support, maintenance, upgrades, conversions, or new versions under the Agreement but reserves the right to automatically upgrade the version of the provided Software and applications of the Taxaki communication system. The Driver consents to the automatic upgrade in order to continue using the Taxaki Services.

12. Concession

The Driver may not assign the present without the approval of the Company. This may be assigned without the consent of the Driver by the Company to (i) parent or subsidiary, (ii) asset buyer, or (iii) successor by merger. Any attempt to concede against what is stated in this article is void.

13. Miscellaneous

Nothing in the Terms of Use constitutes a partnership, agency, franchise, or employment relationship between the parties.

The Driver is still bound by these terms, even if any of them become invalid. In case of invalidity of a term, the current legislation applies.

We will do our best to resolve any dispute that may arise. If you wish to take legal action against us, the Courts of Athens are competent.

14. Privacy Policy

The protection of your privacy is very important for the Company. For this reason we have developed a Privacy Policy that covers the collection, use, transfer and storage of your information, which you will find on the Company's website www.taxaki.com.

Study our privacy practices and let us know if you have any questions.