Term and Conditions
The BusDrivers.EU platform is owned by Smart Safety Solutions LLC, 16192 Coastal Highway, Lewes 19958-9776, Delaware – USA, email: contact@BusDrivers.EU.
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Terms of Service
Last Updated: November 1, 2021
Please carefully read these Terms and Conditions (“Terms”) as they contain important information about your legal rights, remedies, and obligations. By accessing or using the BusDrivers.EU platform, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and BusDrivers.EU (as defined below) governing your access to and use of the BusDrivers.EU website, including any subdomains thereof and any other websites through which BusDrivers.EU provides its services (collectively, the “Site”), our mobile applications, tablets, and other smart devices, as well as the application program interfaces (collectively, the “App”), and all associated services (collectively, “BusDrivers.EU Services”). The Site, App, and BusDrivers.EU Services together are referred to collectively as the “BusDrivers.EU Platform.”
Our refund policy, non-discrimination policy, and other policies applicable to your use of the BusDrivers.EU platform are incorporated by reference into this Agreement.
The collection and use of our personal information in connection with your access to and use of the BusDrivers.EU platform are described in our Privacy Policy.
Any and all payment processing services provided through or in connection with your use of the BusDrivers.EU platform (“Payment Services”) are provided to you by one or more BusDrivers.EU Payments entities (individually and collectively, as applicable, “BusDrivers.EU Payments”), as set forth in the Payment Terms (“Payment Terms”).
1. Scope of BusDrivers.EU Services
1.1 As the developer of the BusDrivers.EU platform, Smart Safety Solutions does not own, create, control, manage, offer, deliver, or provide jobs. The responsibility for job offers lies solely with Employers. When Applicants accept a job offer, they enter into a direct contract with the Employer. BusDrivers.EU is not and does not become part of any contractual relationship between Employers and Applicants and acts only as a broker, a temporary intermediary, facilitating the connection between them. BusDrivers.EU operates as an independent recruitment agent and has no responsibility to any member except as specified in the Payment Terms.
1.2 Although we make efforts to identify and assess members and may assist in resolving disputes, BusDrivers.EU has no control and does not guarantee:
(a) the existence, quality, safety, suitability, or legality of any Listings or Job Offers,
(b) the truth or accuracy of any listing descriptions, reviews, ratings, or other member content (as defined below), or
(c) the performance or conduct of any member or third party.
Any reference to a member being “verified” (or similar language) only indicates that the member has completed a relevant verification or identification process and nothing else. Such a description is not an endorsement, certification, or guarantee by BusDrivers.EU regarding any member, including the identity or background of the member or whether the member is trustworthy or entirely safe.
1.3 BusDrivers.EU is limited to being an independent third-party broker and is not an employee, agent, joint venture partner, or partner of BusDrivers.EU for any reason, and acts exclusively on your behalf and for your benefit, and not on behalf of or for the benefit of BusDrivers.EU. BusDrivers.EU does not direct or control you and shall not be considered to direct or control you in general or in your performance under these Terms specifically, including in relation to the provision of jobs.
1.4 To promote the BusDrivers.EU platform and increase the exposure of listings to potential applicants, listings and other member content may be displayed on other websites, in apps, in emails, and in both online and offline advertisements. To assist members who speak different languages, Listings and other member content may be translated, in whole or in part, into other languages. BusDrivers.EU cannot guarantee the accuracy or quality of such translations, and members are responsible for reviewing and verifying the accuracy of these translations. The BusDrivers.EU platform may contain translations provided by Google. Google disclaims all warranties related to translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
1.5 The BusDrivers.EU Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. BusDrivers.EU is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by BusDrivers.EU of such Third-Party Services.
1.6 Due to the nature of the internet, BusDrivers.EU cannot guarantee the continuous and uninterrupted availability and accessibility of the BusDrivers.EU Platform. BusDrivers.EU may restrict the availability of the BusDrivers.EU Platform or certain areas or features of it if necessary, considering the capacity limits, security, or integrity of our servers, or to perform maintenance measures to ensure the correctness or improvement of the Platform’s functioning. BusDrivers.EU may enhance, upgrade, and modify the BusDrivers.EU platform and may introduce new BusDrivers.EU services from time to time.
2. Eligibility, Use of the BusDrivers.EU Platform, Member Verification
2.1 To access and use the BusDrivers.EU platform or to register for a BusDrivers.EU account, you must be at least 21 years old or a company, organization, or other legal entity properly organized and validly existing under the laws of the country in which you are established and able to enter into legally binding contracts.
2.2 You will comply with applicable employment and wage laws in your local jurisdiction and act on your own behalf, not for any third entity or party.
2.3 Access to or use of certain areas and features of the BusDrivers.EU Platform may be subject to separate policies, standards, or guidelines or may require acceptance of additional terms and conditions before you can access the relevant areas or features of the BusDrivers.EU Platform. In the event of a conflict between these Terms and the terms and conditions applicable to a specific area or feature of the BusDrivers.EU Platform, the latter terms and conditions will take precedence regarding access to or use of that area or feature, unless otherwise specified in those terms and conditions.
3. Modification of These Terms
BusDrivers.EU reserves the right to modify these Terms at any time, in accordance with this provision. If we modify these Terms, we will post the revised Terms on the BusDrivers.EU Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the changes via email at least thirty (30) days before the date they take effect. If you do not agree to the revised terms, you may terminate this Agreement immediately. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the effective date of the revised Terms, your continued access to or use of the BusDrivers.EU Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 To access and use certain features of the BusDrivers.EU Platform, you must register an account (“BusDrivers.EU Account”), such as posting an application or offering a job. If you register a BusDrivers.EU Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind the entity and grant us all the permissions and licenses outlined in these Terms.
4.2 You may register a BusDrivers.EU Account using an email address and creating a password, while also providing a valid mobile phone number for further communication, both between BusDrivers.EU and members, and between Applicant members and Employers, for making contact and entering into employment contracts.
4.4 You may not register more than one (1) BusDrivers.EU Account unless BusDrivers.EU has authorized you to do so. You may not assign or otherwise transfer your BusDrivers.EU Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your BusDrivers.EU account credentials and may not disclose your credentials to any third party. You must immediately notify BusDrivers.EU if you know or have any reason to suspect that your credentials have been lost, stolen, hijacked, or otherwise compromised, or in the case of any actual or suspected unauthorized use of your BusDrivers.EU account. You are responsible for any and all activities conducted through your BusDrivers.EU Account, except where such activities are unauthorized by you and you are not otherwise negligent (such as failing to report unauthorized use or the loss of credentials).
4.6 BusDrivers.EU may enable features that allow you to authorize other members or certain third parties to undertake certain actions affecting your BusDrivers.EU account. No third party is authorized by BusDrivers.EU to request your credentials, and you will not request the credentials of another member.
5. Fees
5.1 BusDrivers.EU does not charge any fees to applicants, but charges fees to employers for using the BusDrivers.EU platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page.
5.2 Any applicable service fees (including any applicable taxes) will be displayed to the Employer before submitting an offer to an applicant for employment. BusDrivers.EU reserves the right to change the Service Fees at any time and will provide members with adequate notice of any changes to the fees before they take effect. Such changes to the fees will not affect any placements made prior to the effective date of the fee change.
5.3 As an Employer, you are responsible for paying any Service Fees owed to BusDrivers.EU. Applicable service fees (including any applicable taxes) are collected by BusDrivers.EU Payments. Unless otherwise stated on the BusDrivers.EU platform, service fees are non-refundable.
6. Specific Terms for Employers, Conditions Applicable to All Job Listings
6.1 When creating a job offer through the BusDrivers.EU platform, you must:
(a) provide complete and accurate information about your job offer, and
(b) provide any other relevant information requested by BusDrivers.EU. You are responsible for keeping the listing information (including vacancies and salary) up to date at all times.
6.2 Any terms and conditions in your business policy must not conflict with these Terms, your cancellation policy, or the civil or commercial laws of your country.
6.3 The placement and ranking of listings in the search results on the BusDrivers.EU platform may vary and depend on a variety of factors, such as applicant search parameters and preferences: location, salary, vacancies, cancellation history, reviews, and ratings.
7. Modifications, Cancellations of Offers
7.1 Employers and Applicants are responsible for the jobs posted or offers accepted on the BusDrivers.EU platform and agree to pay any costs and/or fees associated with such modifications to the order.
7.2 Please note and ensure that the offers you confirm can be honored, as there is no right to cancel orders for employment just because you changed your mind.
7.3 If an Applicant cancels a confirmed offer in a timely manner, the Employer will receive a notification.
7.4 In certain circumstances, BusDrivers.EU may decide, at its sole discretion, that it is necessary to cancel a pending or confirmed offer. This may be for:
(a) situations where BusDrivers.EU believes, in good faith and considering the legitimate interests of both parties, that this is necessary to avoid significant harm to BusDrivers.EU, other members, third parties, or property, or
(b) for any of the reasons outlined in these Terms.
8. Disputes Between Members
8.1 Members agree to cooperate and assist BusDrivers.EU in good faith and to provide BusDrivers.EU with such information and take such actions as may reasonably be requested by BusDrivers.EU in connection with any claims for damages or other claims made by members. A member must, at the reasonable request of BusDrivers.EU and at no cost to the member, participate in mediation or a similar resolution process with another member, a process that will be conducted by BusDrivers.EU or a third party selected by BusDrivers.EU, regarding the losses for which a member is seeking compensation from the other party.
8.2 To prevent abuse, disputes must be in good faith and should be resolved amicably between the Employer and the Applicant.
8.3 For any dispute raised by the Applicant, the Employer is obligated to resolve it within 48 hours. If the Employer believes that the dispute is unjustified or made in bad faith, they may file an appeal. In this case, a BusDrivers.EU officer will mediate the dispute if possible.
8.4 If the dispute is brought to a BusDrivers.EU officer and is resolved to your disadvantage, your account will be suspended for 90 days, and if the next dispute is also resolved to your disadvantage, your account will be closed.
8.5 Upon request by the parties, in the event that the conflict escalates to a court of law, BusDrivers.EU will provide the court with transaction information as well as the parties’ details.
9. Prohibited Activities
9.1 You are solely responsible for complying with any laws, rules, regulations, and tax obligations that may apply to your use of the BusDrivers.EU platform. In connection with your use of the BusDrivers.EU platform, you will not assist, enable, or allow others to:
– Violate or circumvent any applicable laws or regulations, third-party agreements, third-party rights, or our Terms, policies, or standards;
– Use the BusDrivers.EU platform or collective content for any commercial purposes or in any manner not expressly permitted by these Terms, or in a manner that falsely implies approval by BusDrivers.EU, partnership, or otherwise deceives regarding your affiliation with BusDrivers.EU.
– Copy, store, access, or use any information, including personally identifiable information about any other member, contained on the BusDrivers.EU platform in any manner that is inconsistent with BusDrivers.EU’s privacy policy or these Terms, or in any way that infringes upon the privacy rights of members or third parties;
– Use the BusDrivers.EU platform in connection with distributing unsolicited commercial messages (“spam”);
– Contact another member for any purpose other than to ask a question related to a job offer, listing, or the member’s use of the BusDrivers.EU platform, including, but not limited to, recruiting or soliciting any other member to join a third-party service, application, or website, without our prior written approval;
– Use the BusDrivers.EU platform to solicit, make, or accept an independent offer outside of the BusDrivers.EU platform, to circumvent any service fees, or for any other reason.
– Request, accept, or make any payment for Listing Fees outside the BusDrivers.EU platform or BusDrivers.EU Payments. By doing so, you acknowledge and agree that:
(a) it would violate these Terms;
(b) you accept all risks and responsibilities for such payment, and
(c) you will hold BusDrivers.EU harmless from any liability for such payment;
– Discriminate or harass anyone based on race, national origin, religion, sex, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any other violent, harmful, abusive, or disruptive behavior;
– Abuse or misuse any Advertisements or services associated with BusDrivers.EU, as determined by BusDrivers.EU at its sole discretion.
– Dilute, tarnish, or otherwise damage the BusDrivers.EU brand in any way, including by unauthorized use of Collective Content, registering and/or using BusDrivers.EU or derivative terms in domain names, trade names, trademarks, or other identifiers, or registering and/or using domain names, trade names, trademarks, or other identifiers that closely imitate or are confusingly similar to BusDrivers.EU domains, trademarks, slogans, promotional campaigns, or Collective Content;
– Use any robots, spiders, crawlers, scrapers, or other automated means or processes to access, gather data, or otherwise interact with the BusDrivers.EU platform for any purpose;
– Avoid, bypass, remove, deactivate, impair, download, or otherwise attempt to circumvent any technological measure implemented by BusDrivers.EU or any of its providers or any other third party to protect the BusDrivers.EU platform;
– Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the BusDrivers.EU platform.
– Engage in any action that harms, disrupts, or adversely affects or could harm or adversely affect the performance or proper functioning of the BusDrivers.EU platform;
– Export, re-export, import, or transfer the application, except as permitted by U.S. law, export control laws of your jurisdiction, and any other applicable laws;
– Violate the rights of anyone else or otherwise cause harm to anyone.
9.2 You acknowledge that BusDrivers.EU has no general obligation to monitor member content or actively search for facts or circumstances that indicate illegal activity but reserves the right to review, deactivate access to, or edit any member content for the following purposes:
(a) to operate, secure, and improve the security of the BusDrivers.EU platform (including, without limitation, to prevent fraud, assess risks, conduct investigations, and provide customer support);
(b) to ensure member compliance with these terms;
(c) to comply with applicable law or the order or requirement of a court, law enforcement agency, or another governmental or regulatory body;
(d) to respond to member content that it deems harmful or unacceptable; or
(e) as otherwise provided in these Terms. Members agree to cooperate and assist BusDrivers.EU in good faith and provide BusDrivers.EU with such information and take such actions as reasonably requested by BusDrivers.EU in connection with any investigation conducted by BusDrivers.EU or a BusDrivers.EU representative regarding the use or abuse of the BusDrivers.EU platform.
9.3 If you believe that any member with whom you interact, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who:
(a) engages in offensive, violent, or inappropriate sexual behavior,
(b) you suspect has stolen from you, or
(c) engages in any other disturbing conduct, you must immediately report such a person to the appropriate authorities and then contact BusDrivers.EU by providing the police department and the report number (if available). You agree that any report you make does not obligate us to take any action (beyond what is required by law, if applicable).
10. Term and Termination, Suspension, and Other Measures
10.1 This agreement will remain in effect until it is terminated by either you or BusDrivers.EU in accordance with this provision.
10.2 You may terminate this agreement at any time by sending us an email. If you cancel your BusDrivers.EU account as an Employer, any confirmed offer will be automatically canceled, and your Applicants will be notified of this.
10.3 If you cancel your BusDrivers.EU account as an Applicant, any confirmed offer will be automatically canceled.
10.4 Without limiting our rights as specified below, BusDrivers.EU may terminate this agreement for convenience at any time by providing you with a thirty (30) day notice via email to your registered email address.
10.5 BusDrivers.EU may immediately terminate this Agreement and/or suspend your access to the BusDrivers.EU Platform without prior notice if:
(a) You have significantly breached your obligations under these Terms, the Payment Terms, our Policies, or Standards,
(b) You have violated applicable laws, regulations, or third-party rights, or
(c) Such action is necessary to protect the personal safety or property of BusDrivers.EU, its members, or third parties (e.g., in the case of fraudulent behavior by a member).
10.6 BusDrivers.EU prohibits the provision of false or inaccurate information by both applicants and employers. Any account suspected of fraud or abusive use may be suspended or closed without prior notice. Users are required to provide truthful and up-to-date information, and failure to comply with this obligation may result in permanent exclusion from the platform.
10.7 Additionally, BusDrivers.EU may take any of the following actions:
(a) To comply with applicable law or an order or request from a court, law enforcement, or another governmental or regulatory agency, or if:
(b) You have violated these Terms, the Payment Terms, our Policies or Standards, applicable laws, regulations, or third-party rights,
(c) You have provided inaccurate, fraudulent, outdated, or incomplete information during the registration of your BusDrivers.EU account, the listing process, or thereafter,
(d) You and/or your job listings do not meet any applicable quality or eligibility criteria,
(e) You have received repeated poor ratings or reviews, or BusDrivers.EU has become aware of or received complaints regarding your performance or conduct,
(f) You have repeatedly canceled confirmed offers or failed to respond to offer requests without valid reason, or
(g) Such action is necessary to protect the personal safety or property of BusDrivers.EU, its members, or third parties, or to prevent fraud.
10.7 In the case of non-material violations, and if applicable, you will receive a notice regarding any intended action by BusDrivers.EU and an opportunity to resolve the issue to the reasonable satisfaction of BusDrivers.EU.
10.8 If we take any of the actions described above, you will not be entitled to any compensation for pending or confirmed offers that have been canceled.
10.9 When this Agreement is terminated, you are not entitled to the restoration of your BusDrivers.EU Account or any of your Member Content. If your access to the BusDrivers.EU platform or your use of it has been limited, or your BusDrivers.EU account has been suspended, or this agreement has been terminated by us, you cannot register a new BusDrivers.EU account or access and use the platform through another member’s BusDrivers.EU account.
10.10 If BusDrivers.EU takes any of the actions described in this section 10, you may contest such a decision by contacting our customer service.
11. Limitation of Liability
BusDrivers.EU acts solely as an intermediary platform in the recruitment process within the transportation sector. We do not guarantee employment placement and are not responsible for any conflicts, disputes, or misunderstandings between applicants and employers. Additionally, we are not liable for financial losses, material damages, or any other consequences that may arise from the use of the platform.
12. Indemnity
To the maximum extent permitted by applicable law, you agree to release, defend (at BusDrivers.EU’s option), indemnify BusDrivers.EU and its affiliates, including but not limited to its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in any way related to:
(a) your breach of these Terms or our Policies or Standards,
(b) your improper use of the BusDrivers.EU Platform or any BusDrivers.EU Service,
(c) your interaction with any member, offers, participation in an experience, participation in the group payment service, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of such interaction, participation, or use, or
(d) your violation of any laws, regulations, or third-party rights.
The indemnity obligation under this section 12 applies only to the extent that the claims, liabilities, damages, losses, and expenses have been caused by the wrongful breach of a contractual obligation.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the United States. If you are acting as an applicant and mandatory consumer protection laws in your country of residence contain provisions that are more favorable to you, those provisions will apply regardless of the choice of U.S. law. As a consumer, you may initiate any legal proceedings concerning these Terms before the competent court in your place of residence or the Delaware Court of Chancery, where Smart Safety Solutions LLC is based. If BusDrivers.EU wishes to exercise any of its rights against you as a consumer, it may do so only before the courts in the jurisdiction where you are located. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Delaware Court of Chancery.
14. General Provisions
14.1 Except as may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the entire Agreement between BusDrivers.EU and you regarding the subject matter of this Agreement and supersede all prior oral or written understandings or agreements between BusDrivers.EU and you regarding access to and use of the BusDrivers.EU platform.
14.2 There is no partnership, joint venture, employment, or agency relationship between you and BusDrivers.EU as a result of this Agreement or your use of the BusDrivers.EU platform.
14.3 These Terms are not and are not intended to confer any rights or remedies to any persons other than the parties.
14.4 If any provision of these Terms is found to be invalid or unenforceable, such provision will be removed and will not affect the validity and enforceability of the remaining provisions.
14.5 BusDrivers.EU’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing by us. Except as expressly provided in these Terms, the exercise of any remedy by either party under these Terms will not affect the other remedies provided in these Terms or otherwise available by law.
14.6 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without the prior written consent of BusDrivers.EU. BusDrivers.EU may, without restriction, assign, transfer, or delegate this Agreement and any rights and obligations hereunder, at its discretion, with prior notice of 30 days. Your right to terminate this Agreement at any time remains unaffected.
14.7 Unless otherwise specified, any notices or other communications to members, required or permitted under this Agreement, will be provided electronically and sent by BusDrivers.EU via email, through a notification on the BusDrivers.EU platform, or through messaging services (including SMS and WhatsApp).
14.8 If you have any questions regarding these Terms, please send us an email.
15. European Union Citizens
15.1 General Rules
15.1.1 To use the BusDrivers.EU platform, you must understand what data we collect, for what purpose, and accept the use of your data.
15.1.2 What personal data we process:
a) Your data is required to identify you as an Employer and for billing purposes related to the services.
b) Your email address and phone number are required for communication between the Platform and you, as well as between the Applicant and Employer, both during the offering process and the placement of applicants for employment contract completion.
c) BusDrivers.EU will transmit your data only in relation to a transaction completed through the placement and payment of an offer. The Employer will receive the professional and contact details of the Applicant, and the Applicant will receive the Employer’s commercial identification and contact details.
d) Your data is stored on the BusDrivers.EU platform, and we make significant efforts to keep it secure.
e) For any questions regarding your data or if you wish to correct certain data, please contact us.
15.1.3 A description of all data protection rules on the BusDrivers.EU platform can be found [here].
15.2 Employers
15.2.1 If you are an Employer based in the EU, you must understand the requirements of the GDPR and take steps to ensure compliance. Additionally, you may need to make some adjustments in the way you communicate with applicants and process any personal information you collect.
15.2.2 Note that the penalties for non-compliance with GDPR can be significant – according to EU regulations, they can reach up to 20 million EUR or 4% of your global annual turnover, whichever is higher. Under the new law, EU residents can also initiate collective actions related to the protection and use of their personal information, so it is important to understand and comply with the rules.
15.2.3 You can find everything you need to know about GDPR and the steps you must take in how you collect and process any personal information on the official EU GDPR website.
15.3 Applicants
15.3.1 Your data is required for your identification as an Applicant: name, email address, CV, details related to professional experience, etc., and is necessary to facilitate the recruitment process.
15.3.2 BusDrivers.EU complies with GDPR regulations and is committed to protecting your personal data. Your data will be used exclusively for recruitment purposes and will not be shared with third parties without your explicit consent. You may request access to your data, modification of it, or deletion at any time by submitting a request to BusDrivers.EU.
14.3.3 Your data will be kept for the entire duration of your account’s validity and will be automatically deleted when your account is deleted. However, if you have obtained an employment contract mediated by BusDrivers.EU, your data will be retained for an additional 18 months from the date of the employment contract’s conclusion between you and the employer.
14.3.4 If a member loses the right to apply on the BusDrivers.EU platform, the data of that account will be retained and anonymized in the blacklist, to prevent any future fraud by creating new accounts using the same email address or phone number.
15.4 More information about the protection of personal data on the BusDrivers.EU platform can be found in the GDPR section.
16. Force Majeure
BusDrivers.EU is not responsible for service interruptions caused by force majeure events, including but not limited to cyberattacks, economic crises, pandemics, armed conflicts, or natural disasters.