Portgo Service/Platform Terms of Use (hereinafter referred to as the Terms)

1. Definitions

Operator – Port App LLC, the owner of the Portgo Service and the Service owner (Taxpayer Identification Number: 1309429221, Legal Address: Sharifzade 138, apt. 39; Actual Address: Ahmad Rajabli 10 a)

Vehicle towing service (hereinafter referred to as the Towing Service) is the transportation of a vehicle within the borders of the Republic of Azerbaijan.

Portgo Service (hereinafter referred to as the Service) is the Port GO mobile application, which provides a link to a towing service information aggregator, allowing for requests and booking of this service.

Promo Code – a code provided by the Service to the Client that applies a discount when ordering the Towing Service.

Client (User) – an individual who has been verified in accordance with the Terms and Conditions and who uses the Service.

Verification – a procedure to determine that a specific telephone number belongs to a specific person. As a result of this procedure, a link to the personal account linked to the confirmed phone number is provided.

An Order is the execution of actions prescribed by the Client to conclude civil law relations (conclude a transaction) with the relevant civil service through the Service for the purchase of the Towing Service.

The Driver is the person who has accepted the Order and provides the Towing Service in accordance with the Order.

These Terms may also use terms not defined in Section 1 of the Terms. In such cases, the interpretation of such terms is determined in accordance with the text of the Terms. In the absence of an unambiguous interpretation of a term in the text of the Terms, the following interpretation shall apply: firstly, the interpretation established by the legislation of the Republic of Azerbaijan, secondly, the interpretation established in the Service, and finally, the interpretation formed (in a generally accepted manner) on the Internet.

2. General Provisions

2.1. By completing verification in the Service, the Client agrees to these Terms and Conditions and the terms of the Personal Data Protection Policy (Privacy Policy) posted in the Service.

2.2. The Operator provides the following services to Clients through the Service:

2.2.1. Towing Service Order placement using the Service's functionality;

2.2.2. Driver contact service.

2.3. The Client confirms that the Service does not provide towing services, and that civil relations regarding the Towing Service arise directly between the Client and the Driver based on the information provided in the Service and are resolved independently between the Client and the Driver.

2.4. The Service is in no way liable for the performance of the contract concluded between the Client and the Driver. Disputes arising in connection with the towing service will be resolved between the Client and the Driver. The Client acknowledges and agrees that the party providing the service acts in accordance with the Law of the Republic of Azerbaijan on "Protection of Consumer Rights" – this is the Driver.

2.5. The Client enters into an agreement with the Driver for the provision of the Towing Service through the Service. The Client pays for the Towing Service by selecting one of the payment methods provided in the Service. Payments include taxes applicable in accordance with current legislation. Other applicable fees and/or surcharges, including airport entry, entry to Sederek shopping centers, and other locations, are not included in the service price and may be charged to the Client as an additional fee, depending on the situation.

2.6. During the verification process in the Service, the mobile phone number is linked to the relevant Client's account and added to the database. If the mobile phone number changes, the Client is obligated to notify the Operator. The Client agrees that if the mobile phone number is transferred or sold to another person without providing information about the change, that person will be able to obtain the Client's initial information when using the Service.

2.7. The Client agrees that their personal data will be processed in accordance with the Privacy Policy posted on the Service. By agreeing to these Terms, the Client confirms their acceptance of the terms of the Privacy Policy, which constitutes written consent to the use of personal data in accordance with applicable laws and regulations.

2.8. The Client confirms that when using the Towing Service, they will comply with ethical standards and the laws of the Republic of Azerbaijan.

3. Promo Codes

3.1. The Operator may provide the Client with promo codes as part of each promotion. The Client agrees that the Operator independently determines the terms, conditions, and other provisions of promo codes and may unilaterally change these terms at any time.

4. Order Processing and Fulfillment

4.1. The Client may order the Towing Service by specifying the vehicle location and delivery location in the Service, and uploading the vehicle status specified in the Service. Based on the information provided, the Operator determines the cost of the Towing Service through the Service and provides it to the Client. After the Client confirms the Order, the Order is transferred to the Drivers registered in the Service. Upon acceptance of the Order by the Driver, a contract for the provision of the Towing Service is concluded between the Client and the Driver, taking into account the information specified in the Service.

4.2. The Client agrees that the Driver may cancel the Order at any time after its acceptance until the vehicle arrives at its destination. In this case, the Client's Order is transferred to other Drivers registered with the Service.

4.3. The Client agrees that if the destination changes after the Order is confirmed, the previously established service fee may be automatically increased.

4.4. The Client agrees that the Service has the right to access the GPS and other functions of the Client's mobile device to determine the precise location of the Client or the vehicle to be towed and to provide other, higher-quality intermediary services.

4.5. If the Client cancels their Order several times in a row within 24 hours, the Operator reserves the right to cancel the Client's personal account created in the Service and restrict the Client's ability to place Orders.

4.6. An Order is considered canceled by the Client if the Driver notifies the Client of the vehicle's arrival at the destination, and the Client does not approach the Driver's vehicle within 5 (five) minutes.

5. Liability

5.1. Since the Operator only provides communication between the Client and the Driver, the Operator does not guarantee and bears no liability for the quality of the Towing Services or for the absence of defects in the provision of the Services.

5.2. The Operator does not guarantee or warrant the uninterrupted or error-free operation of the Service. In the event of any malfunctions in the Service, the Operator will endeavor to correct them as soon as possible.

5.3. The Operator, its representatives, directors, and employees are not liable for any loss or damage that may arise from the use of the Service or in connection with the towing services provided through the Service.

5.4. The Client agrees that the Operator is not liable for the actions or omissions of the Driver and is not liable for any damage caused by the Driver to the Client.

5.5. In any event, the Operator's financial liability is limited to 100 (one hundred) manat.

6. Driver Performance Evaluation

6.1. The Client has the right to rate the performance of the drivers who completed their Order using the relevant functions created within the Service.

6.2. In addition to the right specified in Article 6.1 of these Terms, the Client has the right to notify the Driver by email at info@portgo.az or by phone at +994774262626 if the Driver has failed to complete the Order, failed to complete it on time or properly, caused damage to the Client's property or that of third parties, or about other negative incidents.

7. Other Terms

7.1. The Operator may unilaterally change the text of these Terms at any time. Such changes shall take effect from the moment they are published on the Service. In the event of such changes, the Operator will notify the Client of the changes by sending a notification to their personal account.

7.2. In the following cases, the Operator may block the Client's personal account and restrict their right to use the Service:

7.2.1. If the Client, within the scope of these Terms, engages in unethical behavior or aggressive actions against Drivers or third parties providing services (support);

7.2.2. If there is a suspicion of the Client abusing the rights and opportunities provided by the Service;

7.2.3. In all other cases, without explanation.