General Terms of use

These General Terms of Use (the “General Terms”) govern your access to and use of the websites located at http://www.sac.bg (“Website”), controlled by Sofia Airport Center EAD, a Single Member Joint-Stock Company incorporated under Bulgarian law, registered with the Bulgarian Commercial Register under Unified identification Code (UIC) 131006529, having its a seat and business address at 58 G. M. Dimitrov Blvd., fl. 3, ap. 13, Region Izgrev, Sofia 1172, Bulgaria (referred to as “SAC”, “we” or “us”).

Please read these General Terms carefully before continuing to use our Website. The General Terms shall form the basis of the agreement (the “Agreement”) between SAC and you or the entity you represent (“You”).

This Agreement enters into force when you visit the Website. By means of visiting the Website you represent that you are lawfully able to enter into contracts (e.g., you are not a minor, nor your legal capacity is limited). If you are entering into this Agreement on behalf of legal entity, for example the company you work for, you represent that you have legal authority to bind that entity. You may not use the Websites on behalf of a legal entity if you do not have the necessary powers or authorisation to enter into a binding agreement on behalf of such legal entity.

By means of visiting the Website you undertake to adhere to all laws and regulations applicable to your use of the Website and our Services (as defined herein below in these General Terms).

Without prejudice to your rights under applicable law, SAC reserves the right to amend these General Terms to reflect technological advancements, legal and regulatory changes and good business practices. An updated version of these General Terms will reflect those changes and we will notify you of such changes by updating the effective date at the top of these General Terms. By accessing or using theWebsite, you agree that you have read, understand, and agree to be bound by the current version of these General Terms which you may view when accessing any of the Websites. If you disagree with these General Terms, or are dissatisfied with the Websites, you must immediately discontinue using this Website.

Using the Website

The Website is an online system designated to provide information about the services provided by SAC – rent of state-of-the-art offices and new generation warehouse spaces in one of the largest office space projects in Sofia standing on a plot of 120 decares and 45,000 m2 of built-up area - Sofia Airport Center (“Services”). The content of the Website is for advertising and informational purpose.

The Website may contain links to other websites. SAC shall bear no responsibility for the privacy policies of websites it does not administer, as well as for other information therein.

You may access and use the Websites in accordance with these General Terms. Additional terms and conditions may apply to certain Services included on or otherwise made available to you through the Websites, as explained in the relevant Service sections of the Websites.

SAC does not charge fees for access to the Website.

SAC may at its sole discretion, temporarily or permanently, change the functionalities of the Website, as well as of the content available on the Website, suspend or terminate any of the functionalities of the Website, as well as the Website itself. SAC may change, discontinue, or deprecate any of the products or the Services or change or remove features or functionalities of the Services from time to time.

SAC provides access to the Website and its Services on a non-discriminatory basis and in compliance with the personal data protection.

Registration

If you are tenant or you represent a tenant in Sofia Airport Center, you are allowed to make registration for usage of the function HANDBOOK in the Website. By means of registration, you declare that you are a tenant or you have legal authority to represent a tenant in Sofia Airport Center.

You undertake not to disclose your username and password to third parties. Any access to the Website with your username and password shall be considered as your personal access or access of your legal representative.

Contact form

You are entitled to make an inquiry or provide feedback through the "Contact form" functionality available on the Website. In order to use the "Contact form" functionality, you have to provide information about your name, email, and phone number.

Subscribe to our newsletter

You are entitled to subscribe to our news letter by e-mail and to sign up for email subscriptions and choose whether you wish to receive promotional communications from SAC. We will only send such marketing communication to the extent we consider it could be useful for you based on your preferences shared with SAC.  You can at any time object to receiving such promotional communication by using the unsubscribe button/link in your email or by contacting us.

Use Limitations

Dear users, do not misuse the Website. For example, don’t interfere with the Websites or any of our Services, or try to access them using a method other than the interface and the instructions that we provide. You may use the Websites only as permitted by law. We may suspend or stop your access to the Website or providing Services to you if you do not comply with these General Terms and/or any of the service level agreements, terms or policies regulating individual Services, including for the period of investigation of suspected misconduct.

You understand, acknowledge, and agree to the following:

·        You own the information you provide to us upon sending enquiry on the Website, as well as any information and content you upload or otherwise transmit in the process of using a Website, or in communication with SAC (“Your Content”). By providing Your Content to us, you represent and warrant that you are entitled to submit Your Content and it is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. You may request deletion of Your Content at any time, unless you have shared Your Content with other users and they have not deleted it, or it was copied or stored by other users.

 

·        You agree not to disrupt or intercept our electronic information posted on the Website or on any of our servers. You also agree not to attempt to circumvent any security features of the Websites, and to abide by all applicable laws and regulations.

 

·        Except as expressly stated and agreed upon in advance by SAC, no confidential relationship shall be established in the event that you make any oral, written or electronic communication to us, such as feedback, questions, comments, suggestions, ideas, etc. If a Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), we shall obtain, use and maintain it in a manner consistent with the applicable data privacy legislation. A detailed description of the personal date processing purposes and the rights of data subjects, as well as the Privacy Policy Statement is available here: https://sac.bg/en/gdpr.

Site Content

Although we strive to provide on the Websites correct and up-to-date information relating to our Services, as well as any other information about SAC, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Website. Each person assumes full responsibility and all risks arising from use of the Website. The information is presented "as is" and may include technical inaccuracies or typographical errors. SAC reserves the right to make additions, deletions, or modifications to the information contained on the Websites at any time without any prior notification.

The images on the Website are informative and guiding, respectively the descriptions of the Services may differ from the images. The features or prices of the services described on the Website may be changed by SAC at any time and may contain errors. Due to the limited space and consistent structure of the information, service descriptions may be incomplete.

SAC makes no representations or warranties of any kind or nature with respect to the information or content posted on the Websites. SAC hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall SAC be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit), consequential or incidental damages arising from or in connection with the existence or use of the Websites, and/or the information or content posted on the Websites, regardless of whether we have been advised as to the possibility of such damages.

The Website may display some content that is provided by third parties (”Third Party Content”). Third Party Content is the sole responsibility of the entity that makes it available. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all Third Party Content, so please don’t assume that we do. SAC shall bear no responsibility, and shall provide no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any Third Party Content, including any hyperlinks to or from third-party sites. Except as otherwise provided on the Website, we will not edit, censor or otherwise control any Third Party Content. Such information should, therefore, be considered as suspect and is not endorsed by SAC.

The Websites may contain forward-looking statements that reflect our current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the annual availability of funds, success of research programs, regulatory approvals, stability of commercial relationships, and the general economic conditions.

Intellectual Property

SAC grants you a limited license to access and make personal use of the Websites and not to download (other than page caching) or modify them, or any portion thereof, except with express written consent of SAC. This license does not include: (a) any resale or commercial use of the Website or its contents; (b) any derivative use of the Website or its content; (c) any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Website is subject to these General Terms and the relevant service agreement.

The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SAC without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the trade name or trademarks of SAC without our express written consent. Any unauthorized use terminates the permission or license granted by SAC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website, so long as the link does not portray SAC or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SAC logo or other proprietary graphic or trademark as part of the link without express written permission.

Indemnification

You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third party claim concerning: (a) your use of the Website and/or our Services; (b) breach of these General Terms or violation of applicable law by you; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content. If we are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys' fees, as well as our employees' and contractors' time and materials spent responding to the third party subpoena or other compulsory legal order or process.

Limitation of Liability

As described in Site Content herein above, the Websites and all information, content, materials, products (including any software) and services included on or otherwise made available to you through the websites are provided by SAC on an “as is” and “as available” basis. SAC makes no representations or warranties of any kind, express or implied, as to the operation of the websites or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the websites, unless otherwise specified in writing. You expressly agree that your use of the websites is at your own risk.

To the full extent permissible by applicable law, SAC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SAC does not warrant that the Websites; information, content, materials, products (including any software) or services included on or otherwise made available to you through the Websites; our servers; or e-mail sent from us are free of viruses or other harmful components.

SAC will not be liable for any damages of any kind arising from the use of the Website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to specific Services.

Neither party shall be liable to the other for any loss or damage which might be suffered as a result of the fulfilment of any obligation under these Terms being prevented, hindered or delayed by reason of circumstances or events beyond the reasonable control of the party relying on such prevention, hindrance, restriction or delay from performing any of the obligations herein, whether foreseeable or not, including but not limited to any act of god, nature, strike, lockouts, work stoppage, labor disturbance, pandemic, fire, war, (declared or undeclared), war-like operations, riot, insurrection, terrorism, criminal acts, hijacking, piracy or piracy like acts, violation of applicable law, regulation or order of court or other instrumentality of government, or quasi-governmental body (a “Force Majeure Event”). The time for performance of such party shall be extended by the period of such delay.

Temporary Suspension

We may suspend your right to access or use any portion or all of the Website immediately upon notice to you if we determine: (a) your use of or registration for a Website (i) poses a security risk to us or any third party, (ii) may adversely impact the Website or any of the Services included on or otherwise made available to you through the Website, or the systems or content of any other of our customers, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent or abusive; (b) you are in breach of these General Terms and the resulting Agreement, or a service agreement; or (c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

Termination of the Agreement

Both parties are entitled to terminate the Agreement with respect to the Website for any reason, at any time, by 30 days written notice in case of substantial default or breach of present Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.

We may also terminate the Agreement for cause immediately upon notice to you, (a) if any act or omission by you results in a suspension, as described hereinabove, (b) if our relationship with a third party partner who provides software or other technology we use to provide the Services expires, terminates or requires us to change the way we provide the Services, (c) if we believe providing the Services could create a substantial economic or technical burden or material security risk for us, (d) in order to comply with the law or requests of the competent public authorities, or (e) if we determine use of the Websites and/or Services by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.

Notices

We may provide any notice to you with respect to this General Terms and our Agreement by sending a message to the email address then associated with your enquiry. Notices we provide by posting on the Website shall become effective upon posting and notices we provide by email shall become effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account or your feedback when we send the email, whether or not you actually receive the email.

To give us notice you must contact SAC as follows by personal delivery or registered mail 58 G. M. Dimitrov Blvd., fl. 3, ap. 13, Region Izgrev, Sofia 1172, Bulgaria. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery or registered mail shall be effective immediately upon receipt.

Communication

We use data we collect to communicate with you and personalize our communication with you. For example, we may contact you by phone or email to get more information about your enquiry and send you personalized offer.

Additionally, you can sign up for email subscriptions and choose whether you wish to receive promotional communications from SAC. We will only send such marketing communication to the extent we consider it could be useful for you based on your preferences shared with us.  You can at any time object to receiving such promotional communication by using the unsubscribe button/link in your email or by contacting us.

In addition, we use information collected through cookies, web beacons, pixels, web server logs and other automated means upon an explicit consent you provide during your first access to the Website by click on the button “I agree with the cookies”. The purposes of the cookies are (i) customizing our users’ use of our websites; (ii) delivering content tailored to our users’ interests and the manner in which our users use our websites; and (iii) managing our website and other aspects of our business.

We also use third-party analytics services on our websites, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse your use of our websites. The information collected through these means (including IP address) may be disclosed to these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Website. To learn more about these analytics services and how it collects data, please visit the following site: https://policies.google.com/technologies/partner-sites?hl=en. To review how to opt-out, please visit the following sites and any sites contained in the country-specific addenda:

Google Analytics: https://tools.google.com/dlpage/gaoptout

Notice and Procedure for Making Claims of Copyright Infringement

SAC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us in writing by providing the information specified below:

·        Description of the copyrighted work that you claim has been infringed upon;

·        Description of where the material that you claim is infringing is located on the Website;

·        Your name, address, telephone number, and e-mail address;

·        Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·        Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;

·        Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Notice of claims of copyright infringement should be sent to us in accordance with the communication procedure specified hereinabove.

General Terms

You agree that these General Terms describe the entire Agreement between us and you with respect to its subject matter. If a court of competent jurisdiction finds that any provision of these General Terms is invalid or unenforceable, you agree that the other provisions of these General Terms will remain in full force and effect.

The failure by us to enforce any provision of these General Terms shall not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

These General Terms and our Agreement with you will be governed by Bulgarian law. Any dispute relating in any way to your visit to or use of the Website, or to the Services included on or otherwise made available to you through the Websites, shall be adjudicated by the competent courts in Sofia, Bulgaria, and you consent to exclusive jurisdiction and venue in such courts.