GENERAL TERMS AND CONDITIONS
The document contains the terms and conditions under which the Association “Makamtrans” provides access to the specialized portal www.transportexchange.org
I.Terms application
1. The following general terms represent a legal framework, a contract that is to be respected and has a obligatory commitment between every visitor to the portal www.transportexchange.org and the site's owner the Association “Makamtrans”, and by opening, viewing and/or using this portal, the visitor acknowledges that he is familiarized and bond to respect the general terms for using the www.transportexchange.org portal.
2. By viewing and/or using this portal www.transportexchange.org, the previously given consent for utilizing the personal data will be respected, according to the Law on personal data protection.
2.1. The member/ user gives his consent to receive in an electronic form, advertising and other types of announcements and system information from the www.transportexchange.org portal, of the “Makamtrans” Association, and the same is valid in case the consent is given by his power of attorney.
II. Terms of content and service utilization
3. Related to the basic membership provisions, the “Makamtrans” Association provides total and unlimited time access to the content and services of the www.transportexchange.org portal.
4. Association “Makamtrans” suggests the following services, which are subject matter of an additional agreement:
4.1. Advertisement
4.2. Constructing and supporting web sites by using programs for keeping track of the working hours for the professional drivers, costs calculation and other auxiliary programs from the area of activities performance.
4.3. Other services
5. The member/ user registration for basic services under item 3 is conducted by filling out the given questions under “registration” and supplying an appropriate document for trade company registration according to the legal provisions, and a certain license for conducting activities supplied by carriers (by fax or a scanned document sent to the email address support@transportexchange.org )
6. The “Makamtrans” Association has the right to ask additional documents for the member/user, different from those cited above i.e. the registration on the first page, in case there is certain doubt related to the data entered and data authenticity.
7. With a purpose to avoid anonymity and to preserve the policy of openness during online chats, forums participation, adds etc., every member enters his user name (for ex. Martin) which can also be defined as his name or enters the last name related to his trade company's title (ex.“M.Veterov transport”), and every user of the trade company should use the same user name given during the member/user registration of the www.transportexchange.org portal.
8. The “Makamtrans” Association gives the opportunity to the new members, according to the statute and the rules of the same, that in case they became regular members and VIP members, an opportunity of using the remaining content of the web page, and certain benefits as special creation of his user name and password, as opposed to limited access and content usage of the www.transportexchange.org portal.
9. Technical terms
The member/ user should possess a personal computer with a built-in modem and other appropriate technical means needed for accessing and working on the internet.
III.Obligatory commitments arising from registration
10. The member/user cannot transfer his registration right to a third party, without consent by the “Makamtrans” Association. In case the user doesn't respect this provision and allows the third party the registration right, as a user he will suffer the consequences according to the legally valid regulation, or according to the provisions of the Statute and the VIP members contract.
11. The user/ member registration of the services of the www.transportexchange.org portal can be terminated in the event of:
11.1 Termination of the services asked in a written request by the user/member
The member/user can ask for services termination in written addressed and delivered to the Association “Makamtrans” by fax, or by email address support@transportexchange.org, by previously paying all due reimbursements, thus following a consent for termination. The annual payment is not subjected to reimbursement in case the year has already started. In case separately monthly payments for utilizing the www.transportexchange.org portal are defined, the same payments will be reimbursed for the period the utilizations of the portal's services is canceled. The cancelation notice will be 30 days before the registration date for services usage ceases.
11.2.Utilization of the www.transportexchange.org portal's services of the can be terminated by written announcement of the Association “Makamtrans”, for violating the general terms for portal usage.
11.3. Disorderly conduct on the part of the member/ user, i.e. personal data misusage, breaking Macedonian laws, and/or international Conventions, settlements and foreign laws, unofficial use of information and/or other internet resources, as well as violation of ethics and good conduct during online communication and/or performance of other unlawful activities in the www.transportexchange.org portal.
11.4. Intentional misuse premeditated or not, to cause harm to a members/users or harm the portal's owner by connecting to the internet or other connection networks, connecting and/or using unlawful access to resources or copyright and trade brands, by sending inappropriate mail and/or opening mail boxes on the internet, using software and informational resources of the www.transportexchange.org portal, and other systems with an aim to have property benefits and/or other benefits, and/or acquiring/ using any information with such purpose; activities connected to intentional harming, corrupting, destroying the system and/or data base, or other information systems, activating and/or installing viruses, even if it hadn't cause any damage or any type of activity connected to violation of Macedonian or other countries' laws.
12. Urgent termination of services on the part of the association “Makamtrans”
12.1.The “Makamtrans” association has the right, without a previous warning or previous notice, to forbid access , or cease services usage from the www.transportexchange.org portal, in case it determines there was previous misuse of personal data, in cases there is proof that certain erroneous information were given in the registration application, or copyrights are violated, and for activities cited in item 11.3 and 11.4.
12.2. In realization of misuse of registered user name and password, the accessibility is immediately blocked. The misuse can be expressed by intentionally giving access data (name and password) to a third party which is not a service user, or has expired access, or his membership is canceled, in case of premeditated theft of access data by using software and technical means. In all cases the access to the system is blocked followed by resolving and finding out the reason for the same. In repeated misuse the accessibility can be canceled, disregarding the fact the service for using the www.transportexchange.org portal was paid.
13. Renewal of the registration/ access to the www.transportexchange.org system.
13.1 The registration of the member/user can be renewed by payment of all accrued costs within 48 hours after evidence acceptance of payment sent to “Makamtrans” association by fax or to the email address: support@transportexchange.org .
13.2 The “Makamtrans” association has the right to cancel the registration renewal of a member/user for which the access to the www.transportexchange.org portal was disrupted by his mistake. Violation of the general terms especially the terms cited in item 11.3 and 11.4.
13.3 The “Makamtrans” association maintains the right, by a decision according to the Statute of the same, to introduce deposits and/or prepayment for service usage of the www.transportexchange.org portal. With a purpose not to cause any harm to the member/user, the modification will be carried out in the following manner:
- Reimbursement for utilization will not be introduced in a period of 6 months after the activation.
- Every new member has the right to use the services free of charge the first 30 days for the registration.
- “Makamtrans” association maintains the right to ask for an additional tax not exceeding the amount of 100 euro calculated in denars , because of system violation in item 12.2.
13.4 The “Makamtrans” association , will publish the modifications of the terms for using the www.transportexchange.org portal, and it will be carried out in a transparent timely manner, accessible to everyone, by which each user will be given an equal opportunity to express his will for continuing or cancelling the service according to the new terms and conditions.
IV. Terms of payment
14. Payment of services
14.1. The services of the www.transportexchange.org portal are paid on a gyro account (denar or foreign currency) of the “Makamtrans” association, according to defined prices on the day of payment, in accordance to a delivered written document:
Gyro account of the “Makamtrans” association - Skopje is as follows:
Bank account - Denars :
Bank : ProCredit Bank A.D. - Skopje - RM. Macedonia
Account : 380776951600180
Tax number : 4032010510450
Bank account - Euro :
Bank : ProCredit Bank A.D. - Skopje - RM. Macedonia
Account : 380776951601247
IBAN : ??07380776951601247
SWIFT : PRBUMK22XXX
Tax number : 4032010510450
14.2. The sum for the monthly users is paid in advance for the current period.
14.3. The sum for monthly usage in case the usage period doesn't coincide with the current month, as well as in cases the service utilization is longer than 1 month, the payment is done in advance.
14.4. In case on non-payment of reimbursements in given deadlines, according to item 14.2 and 14.3, the access to the system is automatically terminated after disrespecting the time limits. Every payment can be accepted by a reimbursement for the unauthorized usage of the www.transportexchange system.
15. The “Makamtrans” association maintains the right to change the price for the services.
V . Responsibilities and rights of the “Makamtrans” association
16. The “Makamtrans” association is obliged to provide undisrupted access (24 hours) to the www.transportexchange.org portal.
17. In giving services the “Makamtrans” association is obliged to protect the business secrets of its users.
18. The “Makamtrans” association is obliged not to give any information of the user to third parties, unless otherwise proscribed by a law or in case the user gives consent for the same.
19. The “Makamtrans” association doesn't bear any responsibility for the quality of the service in case there is a disruption and interference with the internet connection, problems associated with the internet provider to the www.transportexchange.org portal.
20. The “Makamtrans” association doesn't bear any responsibility for the quality of the services when using defective technical means (personal computer, modem, etc.) and/or erroneously configured software on the part of the user, in addition to causes related to the internet provider and the internet connection of the user.
21. The “Makamtrans” association doesn't bear any responsibility for the accuracy of the data given by the user/member during registration. In addition to any information for the guests, user and members that utilize the portal www.transportexchange.org, for the authenticity of the published contents, forum announcements, chat discussions, adds, announcements etc.
22. The “Makamtrans” association doesn't bear any responsibility for damages:
22.1. Arising from concluded contracts between members and/or users of the www.transportexchange.org portal;
22.2. Arising from inaccurate, vague, and ambiguous information and/or system's users, from published newspapers and/or other taken information, filling mail box with unnecessary information (spam), as well as damages caused by unwanted electrical discharges ( electricity shut-downs, thunders, etc.)
22.3. Damages caused by high power according to defined legal regulations.
23. The “Makamtrans” association doesn't bear any responsibilities for any accidental, ambiguous, specific, incidents arising from activities connected to the usage of special software, including damages for which the client is not informed.
24. The “Makamtrans” association doesn't bear any responsibility for any additional costs connected to software usage, including not only data loss, but costs for data or database renewal, costs for software change, in addition to requests by third parties or similar to those.
25. The “Makamtrans” association doesn't conduct a control and doesn't bear any responsibility for the information presented on the internet pages on all helpful links for portals/sites, that are recommended and resent- a picture and/or a text between them and the www.transportexchange.org portal.
26. The “Makamtrans” association has the right to perform changes to the www.transportexchange.org portal related to the support, developing and/or improving the quality of the primary service, as well as conducting an increase of the scope of the services available to the users/members.
27. The “Makamtrans” association has the right to block the availability to the portal www.transportexchange.org (fully or partly) for 24 hours or more, for the purpose of improving the site's quality, improving the service, introduction of new services. The members/users will be informed in advance of the time the www.transportexchange.org portal will not be operative, and the info will be broadcasted by an electronic announcement on view of the www.transportexchange.org portal.
28. The “Makamtrans” association maintains the right to forfeit or discontinue access to the portal www.transportexchange.org to trade companies members/users for which it has received many written complaints with annexed evidence and/or cases when the “Makamtrans” association evaluates that a certain trade company represents a treat to the users of the system of the system itself on different accounts.
29. The “Makamtrans” association maintains the right to remove any trade company by personal conviction, without warning or clarification, in case the principles cited in item 11.1 and 12.2 are violated.
VI . Responsibilities and rights of the members/users
30. The member/user is obliged to respect the general terms and conditions for using the portal www.transportexchange.org
31. The member/user is obliged to settle the determined service fees by the “Makamtrans” association, in the amount and in a manner determined in the given terms for acquiring the right to use the services of the www.transportexchange.org portal.
32. The member/user is obliged not to transfer the user name and password for service access to www.transportexchange.org portal to third parties.
33. The member/user is obliged not to conduct any activities that in any way would harm other users, as well as not to conduct activities using the www.transportexchange.org portal by which it would advertise, represent its products and services, or use it for commercial purposes or any other aims. The limitations aren't valid for cases where there has been a written consent for representing and advertising activities, using the information resources and the advertising strategy of the system.
34. In case a text that contain advertising, uncensored or propaganda material or in case the content of the same has the purpose to infringe the authority and the reputation of the “Makamtrans” association and www.transportexchange.org, it will be erased, i.e. blocked from the system automatically.
35. The member/user has the right to use the contents and the services of www.transportexchange.org portal only in accordance to the abovementioned conditions.
VII . Copyright and other rights
36. The software, database and all segments from www.transportexchange.org portal as well as the graphical solution, are exclusively under the ownership and copyright of the authors who envisaged, designed, and gave the software solutions, as well as the “Makamtrans” association, solely acting as a user of the same with a consent by the authors.
37. Every use of the content, software and the graphical interface of the www.transportexchange.org portal for commercial, and for the purpose of creating, publication, multiplying and transfer of database and/or not containing data, graphical interface or in other way; by electronic, printed, and/or any other form, as well as transferring to third parties fully, in segments, or in refined form without the consent of The “Makamtrans” association and the www.transportexchange.org, will be treated as activities violating the law.
38. The members/users of the system will bear personal responsibility for any materials, data information, opinions given by them, which will imply that they have the ownership and a full right to publish or post them on the www.transportexchange.org system and they take over the full responsibility for any published material.
39. The title “Makamtrans” association is a protected brand. Without a written consent the “Makamtrans” association cannot be used in any way or for whichever purpose. The visitors, users and members of the www.transportexchange.org portal are obliged not to publish, resend, post, misuse, or use in whatever form (printed, electronic, or other) the protected brand “Makamtrans”.
Every type of violation of the rights and terms of the brand is subjected to prosecution, according to the Law on industrial ownership protection.
VIII. Complaints, pleas and suggestions
40. The complaints, pleas and suggestions delivered by the users and members of the www.transportexchange.org are considered and solved by the “Makamtrans” association , within 1 month and no later than 1 month from the deliverance day, by a written reply on the email address support@transportexchange.org.
IX . Dispute settlement and right deployment
41. In certain misunderstandings between the “Makamtrans” association and its members/users of the www.transportexchange.org portal, in relation to service utilization, a dialog and mutual negotiations will be used. Unless it is impossible to resolve the misunderstanding in a quiet manner, the courts of the Republic of Macedonia are authorized to do so.
42. In utilizing and interpreting the aforementioned terms and rules, the Macedonian laws are deployed.
43. All modifications of the content of these terms and rules, will come into force from the moment of their publication on a view on the portal/site www.transportexchange.org.
44. The above quoted General terms come into force from _15.05.2010.
Established 1996 - Association Makamtrans