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We, UKLON LTD, a company incorporated under the laws of the Republic of Cyprus, Company Number HE 357185, located at 12 Dimostheni Severi Avenue, Office 601, 1080, Nicosia, Cyprus (hereinafter referred to as “we”, “us” and the “Company”), have prepared this Privacy Policy (hereinafter referred to as the “Policy”) to show how responsibly and seriously we treat the privacy of the information of our customers and visitors of https://uklon.eu (hereinafter referred to as the “Website”). Please be informed we do not require you to register and provide your Personal data to browse our Website. This Policy explains:
➢ what is Personal data;
➢ what Personal data we collect;
➢ our information practices when you provide your Data;
➢ whom we can share Personal data with;
➢ information on users’ privacy rights;
➢ how to contact us if you have any questions regarding Data processing.
Unless otherwise provided herein, the definition and formulation used in this Privacy Policy
retain the meanings defined in the General Data Protection Regulation (EU) 2016/679 (hereinafter
referred to as the “GDPR”).

  1. PERSONAL DATA PROTECTION STATEMENT We do our best to protect the personal data of our customers and users of the Website, and, of course, we attempt to comply with all local data protection laws to the extent they apply to us. In general, we do not collect personal data when you visit our website unless you give us special consent or choose to provide us with some information about yourself. We inform you that the Company is the “Data Controller” for the GDPR and other applicable data protection legislation when we control data collection methods and identify the goals for which such data will be used. We process your Data only upon at least one of the following legitimate grounds for such processing, including but not limited to: o processing is required to execute or fulfil an agreement with you (including any offer and acceptance), including when you are using our services; o such processing is required under the legislation of the countries to which we provide our services or make our services available; o you consented to your data processing; o processing is required for any legitimate interests of the Company as the controller or third party (unless interests on fundamental rights and freedoms of the data subject that require data protection prevail over the above interests). The Company does not request or collect special categories of data (“sensitive data”) of our customers and the Website’s users. Please note this Policy may be updated from time to time, including if required by applicable law. The Company will notify you about the Policy changes by prominently posting a notice on our Website. We suggest that you review this Policy from time to time to see if there are any modifications. Your continued use of our services after this Policy has been updated means your consent to such an update. You may refuse to use our services if you disagree with the updates. Anyway, you can permanently delete or change your data accordingly.
  2. WHAT PERSONAL DATA DO WE PROCESS
    (A) The following information about you can be collected and processed by the Company via
    our Website:
    ● IP address and geo-location (country, state or region);
    ● device information (such as device name/model, operating system, browser information,
    including browser type and language settings);
    ● Twitter ID;
    ● other information that we collect using cookies and similar technologies. (B) Uklon Partners (users of the online service “Uklon Driver”). We may process personal data as a data controller if the Partner enters into the Adhesion Contract (public offer) with the Company to provide access to the online service through the “Uklon Driver” Mobile Application. In this case, we receive the following personal data:
    − name,
    − surname,
    − email address,
    − telephone number,
    − vehicle registration certificate data,
    − driver’s licence data,
    − passport or residence permit data,
    − taxpayer registration number (TIN),
    − photo,
    − location,
    − account (personal account) data,
    − reviews,
    − rating,
    − order history,
    − other information you voluntarily provide at the time of conclusion or after the conclusion of the specified Adhesion Contract.
    Mainly, you can create an account (personal account), which allows you to save personal settings, upload photos, view completed orders, etc. To register an account, you must provide us with a certain amount of personal data. You provide us with a contact phone number at the first registration stage. At this stage, you can familiarize yourself with this Privacy Policy. After sending the phone number, we will have the right to use this number to send you messages (SMS, push notifications) and make calls. Such messages and calls may occur during unsuccessful registration (for example, when you have not completed the registration process) or to confirm or clarify certain registration information. Mobile Applications can access various services and data on your mobile device, including, but not limited to, location and external data storage devices (memory cards). Access to your mobile device’s services is possible only if you provide your separate and unambiguous consent in response to our push message. You may provide us with personal data by participating in promotions or sweepstakes or by sending us feedback about the Mobile Application. We also process your personal data when you contact our Partner support service or us through other channels. Particularly when you call the Partner support service or when the Partner support service contacts you, we use an automatic caller ID system to identify your phone number with your order. This will help both you and us save time. Conversations with support services can be listened to in real-time (by our employees or contractors) or recorded to monitor the quality of services and further training of our team. Records are stored for a limited time and are deleted automatically, except when we consider it necessary to keep them for a more extended period (if required, including to investigate cases related to law violations). All telephone conversation recordings will be used per this Privacy Policy. To strengthen the security measures of the users of the online service “Uklon” and the proper additional verification/identification of your identity, we may also process the following personal data: data of identity documents (for example, passport number and series, its validity period, date of issue and name of the body that issued it; data of residence permit; criminal record certificate) and/or their copies, other information voluntarily provided by you. (С) In addition to the above, we can process other personal data if you voluntarily submit it to the Company. (D) If the data processing is not required for using our Website and/or services by you or is not explicitly required by applicable law, we will delete it.
  3. CHILDREN’S DATA
    This Website and our services don’t intend to collect information about children under 18. Our services are not intended for use by children. Acceptance of this Policy and continued use of the Website and/or our services means that the user/customer is not a child. If you are a parent of a child under 18 (or any other age established by applicable law), and you believe that your child disclosed any information to us, please notify us immediately, and we will erase this information.
  4. HOW WE OBTAIN PERSONAL DATA
    The Company may obtain your Data from various sources and with multiple aims, including,
    without limitation:
  1. PURPOSES OF PERSONAL DATA PROCESSING
    We use Personal data for the following purposes:
    ▪ to provide you with access to and use of the “Uklon Driver” Mobile Application (performance
    of a contract);
    ▪ to operate and improve the Company’s services (performance of a contract, legitimate
    interest);
    ▪ to provide customers’ support (performance of a contract, legitimate interest);
    ▪ administrative, analytical and statistical purposes (legitimate interest);
    ▪ direct marketing and efficiency assessment (legitimate interest);
    ▪ protection against any malicious actions of users and in connection with other security
    considerations of the Company (legitimate interest);
    ▪ the safeguarding of the Company’s legitimate interests (legitimate interest);
    ▪ to comply with other legislative requirements, including providing timely feedback to
    requests of data subjects and supervisory/law enforcement authorities (legal obligation);
    ▪ to personalise user’s experience and to allow us to deliver the type of content and product
    offerings in which you are most interested (consent);
    ▪ to provide promotional information about our services (consent);
    ▪ subscription management and unsubscribing (consent).
  2. PERSONAL DATA SHARING/DISCLOSURE AND THIRD PARTY LINKS
    Usually, no personal data will be disclosed or transferred to any third parties outside the Company and its affiliated entities except in the following cases:
    ✔ when we have your consent or according to your request;
    ✔ to provide you with our services and support (when you use the “Uklon Driver” Mobile
    Application);
    ✔ to state, federal or other regulatory and/or administrative authorities/agencies as part of the
    title or ownership transfer process;
    ✔ in response to court orders or an official request in other legal, administrative, regulatory,
    arbitration or similar process;
    ✔ to establish or exercise the Company’s, or an affiliate of the Company, rights or defend
    against claims;
    ✔ to investigate and/or prevent fraud by users/customers;
    ✔ if we believe that doing so is required or is in the Company’s best interest to protect its rights
    or the rights of others affiliated with us.
    We can transfer your name and phone number to users of the online service “Uklon” to help them return personal things left in the car during transportation (search for things left in the car). We also can transfer the personal data received from you to the insurance company to insure your life and health during transportation, including for the transfer of personal data to foreign subjects of relations related to personal data, to fulfil the requirements of legislation, life and health insurancecontracts, other contracts, including reinsurance, exercise the rights granted to the insurance company by law or contract and ensure the implementation of tax relations and relations in the areas of accounting, audit, financial services and assistance services, advertising, marketing and actuarial research, evaluation of the quality of the insurance company’s service. In case of transfer of your personal data to foreign subjects of relations related to personal data (outside the EU), if it is necessary for the purposes outlined above, you hereby give your unequivocal consent to the transfer (as well as further processing) of your data, including jurisdictions that are not recognized as providing adequate data protection (mainly, to Ukraine). We transfer the data above to the insurance company immediately after receiving it from you, and after transferring it, we delete it. We may use third-party services to process your personal data on our behalf. This processing takes place for various purposes, for example, for sending informational materials on our behalf and in our interests. Independent service providers agree to mandatory confidentiality and may not use your personal data for other purposes. We can transfer the history of completed orders, personal data specified by you during registration and using the “Uklon Driver” Mobile Application, data contained in your personal account, as well as data confirming the fact of communication with you regarding the made trips at the relevant requests of financial companies – providers of financial services. Any Personal data passively collected by the third-party website will not be transmitted or stored by the Company. When you use the services, the codes of other Internet resources and third parties may be present on the pages of the Website, because of which such Internet resources and third parties receive your Data. Therefore, these Internet resources can receive and process information you have visited these pages and other information that the User’s browser transmits. These Internet resources may include:
    ⇒ banner display systems (e.g. DoubleClick for Publishers, Admixer, AdRiver, etc.);
    ⇒ systems for collecting statistics on service visits (for example, Google Analytics counters);
    ⇒ social network plugins (e.g. Facebook, Twitter, Google).
    These administration services are necessary for the operational analysis of visits to the
    Website, internal and external assessments of Website traffic, volume of views, and user activity. We do not retain Personal data from these services. Accordingly, if you do not want these services to gain access to Personal data, you can voluntarily log out of your account or profile and clear cookies (via a browser). Our Website may contain hyperlinks to other 3rd party websites (such as Twitter/X) that the Company does not own or control. The Company is providing this content to you only as a convenience, and including any link does not imply our endorsement of the linked website. Please be aware that we are not responsible for the privacy practices of these third-party websites. The Company encourages you to be aware when you leave the website and to read the privacy policies of each third-party website that collects and/or uses your Data. If the Company is acquired by or merges with another company, to the extent permitted by applicable law, you agree that we may transfer your personal information to such company. In this event, we will notify you by email/or a prominent notice on the Website of any choices you may have regarding Personal data before your Data is transferred and becomes subject to a different privacy policy.
  3. DURATION OF DATA PROCESSING/STORAGE
    We will not keep your data longer than is necessary to achieve the purpose for which it is collected and processed or to comply with regulatory requirements. To identify the relevant storage period, we recognise the nature and category of the personal data, the purposes of the processing, and whether we can hit those purposes otherwise. We can store Partners’ data to comply with our tax, accounting and/or financial reporting obligations, where we must retain the data by our contractual commitments to our financial partners. Please be informed that regulations of other countries may impose additional requirements, so the data storage period may vary. In particular, if a regulation of the country where our service user resides contains the limitation of action provisions defining the period during which you may file your claim or complaint against us, and we, accordingly, need relevant proof of legal relations with you, we may process personal data during this limitation of action period. We also need to consider any periods when we might need to keep personal data to comply with our legal commitments to our customers and/or supervisory authorities. Anyway, you can delete or change your data using your right to be forgotten. For that purpose, please get in touch with the Data Protection Officer (see contact details below). If you find out that some of the data we process is outdated, please notify us, too. If we process personal data under your consent (specifically, with the purpose of marketing mailings), any subsequent processing may be terminated at any time. It only takes to revoke your consent to such processing. If an option is available, you may opt-out by following the instructions in each communication. You can also withdraw your consent to the processing of any personal data that we have received on the basis of your consent by sending a request to our Data Protection Officer at privacy@uklon.eu. Please indicate “Withdrawal of consent” in the subject line of your message to expedite our response. If you are a Uklon Partner (user of the “Uklon Driver” Mobile Application) and withdraw your consent to processing or ask us to delete personal data, a specific part of the data received from you will remain in processing for some time, even after deleting your account and terminating cooperation, namely: phone number; name; the date you started using our service. This is because the relevant Adhesion Contract is concluded between us (by accepting the public offer). Following the GDPR, the primary legal basis for the processing of personal data, in this case, is the conclusion and execution of a transaction to which the personal data subject is a party or which is concluded in favour of the personal data subject or for the implementation of measures preceding the conclusion of a transaction at the request of the personal data subject. And this is not the only legal basis for processing your data. In particular, we are obliged to comply with specific requirements of the tax legislation regarding the payment and accrual of relevant taxes and fees in respect of the funds received (the need to fulfil the obligation of the personal data controller provided for by law). In addition, in some instances, in particular, when we detect signs of fraud or other questionable actions on the part of the Partner or third parties that violate the applicable law or the Adhesion Contract or when there are unresolved claims or disputes between the Company and the Partner, we need to protect the legitimate interests of the data controller or a third party to whom personal data were transferred. Please be informed that deleting the “Uklon Driver” Mobile Application on your device does not mean deleting your personal data.
  4. TECHNICAL, ADMINISTRATION AND OTHER DATA PROTECTION MEANS
    The Company takes the security of all personal data very seriously. We use generally accepted standards for technological and operational protection of information and personal data from loss, misuse, alteration, or destruction. To ensure the secure storage of your data, we have implemented special technical and administrative tools that protect personal data against any unauthorised or unlawful processing and any unintentional data loss, destruction, or damage. We routinely test our security measures to ensure they remain operational and practical. First, we use regular Malware Scanning. The Company uses Secure Socket Layer (“SSL”) encryption when transmitting certain kinds of Personal data. During SSL transactions involving credit cards and other forms of payment, an icon resembling a padlock is displayed at the bottom of most browser windows. Of course, we use other technical controls, such as encryption, firewalls, and password protections, to secure the information we collect online. The Company adheres to the principle of data minimisation. We process only the information related to our users/customers that we need to perform certain functions and for specific purposes or the information that you (upon your consent) share with us beyond the scope of the necessary processing. Your data is only accessible to a limited number of personnel who need access to it to perform their duties. We provide access to information and personal data only to authorised employees who have agreed to ensure the confidentiality of such information. We train appropriate personnel on our privacy and security policies and compliance requirements. Please note emailing may not necessarily be secure against interception. We suggest you do not send personal data (such as your ID and credit card details) to us via email. The personal data you provide will be stored securely. We do our best to safeguard the data; however, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. If the Company learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on the website if a security breach occurs. Depending on where you live, you may have a legal right to receive written notification of a security breach. In compliance with the GDPR, the Company provides relevant protection for data disclosure to countries outside the European Economic Area based on the standard contractual clauses for transferring personal data approved by the European Commission or any other applicable provisions referred to in Article 46 of the GDPR.
  5. COOKIES AND OTHER TRACKING TECHNOLOGIES
    Cookies are small text files placed on your device, such as a computer or mobile device, by websites you visit. The website will remember your preferences and actions for a certain period so that you will not have to set them up again. Our cookies do not identify a specific user; they only identify the device used. Information collected using this type of file is stored to maintain the User’s session within the Website; they may improve the Website by making estimates regarding website usage statistics and help to assist in customising the products we provide to the individual preferences and actual needs of Users, speed up the search process, and may also allow the display of advertisements, both from websites managed by Company and from third party websites or otherwise, based on the analysis of the User’s browsing habits. Our website’s cookies and other tracking technologies may be used in various ways, such as website operation, traffic tracking, or advertising. We use cookies and other tracking technologies to improve the quality and efficiency of our services. The list of cookies and other tracking technologies the Company uses on its website is available in a separate Cookie Policy. To learn more about what cookies are, how they work, and how to manage or delete them, please visit www.allaboutcookies.org Please note that certain browsers’ settings prohibit cookies and other tracking technologies. Please be aware that switching some cookies off will result in a loss of functionality of our website or application, and, accordingly, you will not be able to use all of their options, and some features/services might not be working correctly.
  6. THE RIGHTS OF DATA SUBJECTS (INDIVIDUALS)
    Please be advised that when you contact us, you should go through the identification process and submit your specific requirements so we can process your request and respond on legitimate grounds. If we cannot identify you through messaging or your request to the support service or if we have reasonable suspicions about your identity, we may request that you provide us with specific information about you. Any additional information collected for verification will only be used to verify the individual. We process requests as quickly as possible, but please remember that providing a complete and legitimate response regarding personal data is a complex process that may take up to a month or even longer. We will let you know if we need more time to prepare a response. The GDPR has secured the following rights of data subjects to safeguard their data: Right to be informed This Privacy Policy lets you read general information about what personal data we process. If you want to know what personal data we process about you, you can request this information anytime by contacting our DPO. Right of access You have the right to obtain confirmation from the Company as to whether or not personal data concerning you are being processed and, where that is the case, access to the personal data. Right to rectification If you find out that some of the data that we process is incorrect or outdated, please notify us accordingly, including via the DPO’s contacts. In some instances, we cannot modify Personal data. For example, when your Data has already been used in the offer and acceptance agreement and/or is contained in any written instrument executed and submitted to any state agency or otherwise according to applicable law. Right to erasure (right to be forgotten) If we process your Personal data under processing consent (specifically, with the purpose of marketing mailings), any subsequent processing may be terminated at any time. It only takes to revoke your consent to such processing. If an option is available, you may opt-out by following the instructions in each communication. The Company reserves the right to send you certain communications relating to our services, including, without limitation, notifications, service announcements, and administrative messages. Generally, you may not opt out of these communications which are not promotional/marketing. Right to data portability Sometimes, you may obtain or request that we provide your data to any third party in a structured, commonly used and machine-readable format. Right to restrict processing You may request to restrict your data processing so only we can keep it. This means demanding that we terminate data processing other than storage under certain circumstances. Right to object You have the right to object to processing Personal data in certain circumstances and have an absolute right to stop your Data from being used for direct marketing. However, in these circumstances, the right to object is not absolute, and you must give specific reasons why you object to processing your Data. Right not to be subject to a decision based solely on automated processing The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. Automated decision-making takes place when an electronic system uses personal information to make decisions without human intervention. There are no fully automated decision-making or profiling systems within the Company, so this right does not currently apply to any processing activities. Right to lodge a complaint If you want to make a complaint, you may write to the Office of the Commissioner for Personal Data Protection, which is an independent Cyprus regulator. Any complaint to the Office of the Commissioner for Personal Data Protection is without prejudice to your right to seek redress through the courts. The Cyprus regulator website: https://www.dataprotection.gov.cy
  7. HOW TO CONTACT US
    If you have any questions about this Policy or complaints regarding your data, please contact us electronically or send physical mail. We have designated a Data Protection Officer (DPO) who is a single point of contact for any questions or comments regarding data protection and privacy issues. You may submit your request to the DPO in writing: 12, Dimostheni Severi Avenue, Office 601, 1080, Nicosia, Cyprus, or E-mail: privacy@uklon.eu Effective Date: 01.01.2024

INTRODUCTION

This Cookie Policy (hereinafter – the “Policy”) provides detailed information about what cookies and other tracking tools (hereinafter – “Cookies”) are used by the website uklon.eu (hereinafter – the “Website”) and the third parties and how to change the cookies preferences or opt-out from their appearance and storage.

In some cases, we may use Cookies to collect Personal Data, or to collect information that becomes Personal Data if we combine it with other information and therefore it results in the processing of Your Personal Data. Please visit our Privacy Policy to get more details about how we process Your Personal Data.

Also, we may collect aggregated data about the Website use to improve our performance and manage our marketing and service notifications. You can disable some of our cookies; however, this might affect our Website’s usability.

LEGAL AND CONTACT INFORMATION

Any reference in this Policy to “Uklon”, “We”, “Our”, “Us” shall mean Uklon LTD, a legal entity established under the laws of Republic of Cyprus, company number: HE 357185, with its duly registered address at: 12 Dimostheni Severi, 6th floor, flat/office 601, 1080 Nicosia, Cyprus.

Any reference in this Policy to “You”, “Your”, “Yourself” shall mean a natural person, who is visiting the Website/downloading the Mobile Application(s) and registering an account with those Website and Mobile Application(s).

Using of Cookies and processing of Your Personal Data will be carried out in compliance with all applicable laws and regulations on the protection of personal data, with particular reference to: (i) Regulation (EU) 679/2016 (the so-called “General Data Protection Regulation or GDPR”); (ii) Directive 2002/58/EC (the so-called “E-Privacy Directive”) and (iii) any other act, order, regulation, guideline or provision issued by the relevant data protection authorities at global, European and national level of laws in the countries in which we do business – hereinafter jointly referred to as the “Applicable Data Protection Laws”.

This Policy applies when You use our Websites and Mobile Applications respectively as required by the Applicable Data Protection Laws. For the purposes of this Policy “Mobile Application” means applications for mobile devices “Uklon” (for users) and “Uklon Driver” (for partners) for iOS and Android.

Capitalized terms used herein without definition shall have the meaning given to them in the Privacy Policy.

If You have any questions relating to this Policy or if You wish to exercise Your rights granted by the Applicable Data Protection Laws, please check our Privacy Policy or contact Us via e-mail address: privacy@uklon.eu.

DEFINITION OF COOKIES

Cookies are small-size text files with an identifier (a string of letters and numbers) that are:

Cookies do not typically contain any information that personally identifies someone, but Personal Data that we store about You may be linked to the information stored in and obtained from Cookies, e.g. IP address, device ID, country or region, click history.

Cookies are widely used to support website operation, improve user experience quality, and provide information to website owners.

For the purpose of better Cookies understanding and making a well-informed choice, we recommend to visit a respective browser Cookies guide or visit www.aboutcookies.org or www.allaboutcookies.org.

COOKIES APPEARANCE AND DISABLING

When You enter the Website, You will be informed with a respective Cookie Banner at the bottom of the Website. Any user or partner is free to decide whether to accept or reject some or all categories of Cookies with a possibility to control 1) through the device browser settings, 2) by writing an e-mail to Uklon or 3) by accessing the “Cookies Declaration” on the Website.

According to Applicable Data Protection Laws, we are allowed to store Cookies on Your device if they are strictly necessary for the operation of the Website: this is the case of essential/technical Cookies. To store other types of Cookies, we need Your consent. Your consent will be applicable to all Websites and Mobile Applications of Uklon mentioned in this Policy.

TYPES OF COOKIES THAT WE USE

Category 1 – Depending on the initiating party:

First-Party CookiesThird-Party Cookies

Set by Uklon, accessible and readable only by Us.

Set by third-party providers, such as Google Analytics, Facebook, etc.

Category 2 – Depending on a period of lifetime:

NameDescriptionExample



Session Cookies

Enabled only for the duration of the Website’s use.i.e. from the Website load and till its full closure.

The overall time; details of user device (e.g., geo-location); to provide certain live chat sessions; performance issues identification.



Permanent Cookies

Stored as file on Your computer or other device for a certain period of time.


Password, language of the Website.

Category 3 – Depending on the functionality:

NameDescriptionExample




Necessary Cookies

Strictly necessary to enable You to browse around the Website and use its features, as they were developed and intended to work. These areFirst-Party and Third-Party Cookies.



To protect and keep Your information secure; to authenticate Your and used device details for the Website work and services optimization etc.



Preferences Cookies

Enable the Website to remember information that changes the way the Website behaves or looks.These are First-Party and Third-Party Cookies.


To detect and apply Your preferred language or the region that You are in.





Statistics Cookies


Enabled for the purpose of collection of information as of the user’s activities/use of the Website and the Website overallperformance. These are First-Party and Third-Party Cookies.
To obtain information regarding the device, time and preferred pages; the Website performance during user’s stay and use of the Website (Google Analytics); the performance of retargeting, which helps to decide whether to display or not, a relevant advertising to You when the You are visiting certain websites within the retargeting network. For the purpose of better understanding of Google Analytics, we recommend to visit website.



Marketing Cookies

Marketing cookies are used to track visitors across websites.

To display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers.

You can find the table with the cookies we use and the description of these cookies in the “Cookies Declaration”.

OPT-OUT FROM COOKIES

When You enter the Website, You will be informed with a respective Cookie Banner at the bottom of the Website.

  1. Any user or partner is free to decide whether to accept or reject some or all types of Cookies with the possibility to control (meaning: to allow, delete, clear or block any, including bot limited to third party Cookies) through the device browser settings.

Browsers usually allow You to refuse to accept and delete cookies. We recommend to visit the following web pages to find information on how to block and delete cookies in your respective browser:

Please note that if Preferences Cookies are disabled, You may experience some difficulties during the use of certain Website features.

For example, Statistics Cookies are used to improve the overall Website performance. Without Statistics Cookies You will still be able to use and enjoy all features of this Website.

Depending on Your device and operating system, You may not be able to delete or block all Cookies. In addition, if You want to reject Cookies across all Your browsers and devices, You will need to do so on each browser on each device You actively use.

  1. You may change Your preferences and withdraw Your consent by writing to Us at the contact details indicated in this Policy or in the Privacy Policy. Please remember it is necessary to provide to Us Your consent ID (provided below in the Cookie Declaration).
  2. Cookie Declaration

If any Third Party operated services are mentioned in the Cookie Declaration, these may be used to track Your browsing habits in addition to the information specified herein and without Uklon’s or user’s/driver’s knowledge. For the complete information of collected information and its retention period by a respective Third Party, familiarize Yourself with a respective privacy policy of such Third Party listed in the Cookie Declaration above, namely:

REVIEW OF THE POLICY

Uklon reserves the right to change this Policy at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. In case of any changes, Uklon will post the revised version of this Policy and change their effective date. All changes shall be effective from the date of publication unless otherwise provided in the notification.

If we make material changes to this Policy, we will notify You by prominently posting on our Website or through other appropriate communication channels.

Uklon advises You to periodically review this Policy in order to be informed of any changes whenever You access and/or on the Website.

Your continued use of the Website and Mobile Application shall be considered that You have read, understood, accepted and agreed with these changes.

Effective Date: 01.01.2024

PUBLIC OFFER

FOR PROVIDING ACCESS TO ONLINE SERVICE (SOFTWARE PRODUCTS PROVISION)

(SUPPLY OF SOFTWARE)

“UKLON UKRAINE” LIMITED LIABILITY COMPANY, hereinafter referred to as “Uklon”, in the person of director Serhiy Mykolayovych Hryshkov, acting on the basis of the Charter, guided by Art. 633, 634 of the Civil Code of Ukraine, on the one hand, and

any natural or legal person, hereinafter referred to as “Partner Uklon”, who accepts (accepts) this Public Offer to provide access to the online service (hereinafter referred to as the “Agreement”) from another party, collectively referred to as the “Parties” , and each separately – a “Party”, entered into this Agreement on the following:

PREAMBLE

The information provided in this document is an official offer (public offer) to any person to enter into an Agreement on providing access to the Online Service. The specified Agreement is public in accordance with the provisions of Art. 633 of the Civil Code of Ukraine. This Agreement is also considered an accession agreement within the meaning of Part 1 of Article 634 of the Civil Code of Ukraine, the conditions of which are established and posted by Uklon on the Website and which can be concluded only by full and unconditional acceptance (joining) of the Uklon Partner to the proposed Agreement as a whole.

The Agreement establishes the general conditions and procedure according to which the Uklon Partner gets access to the Online Service.

The Uklon partner is considered to have accepted the terms of the Agreement in full, without any restrictions, reservations or exceptions from the moment of its acceptance. Amendments to this Agreement do not imply termination or refusal of the Uklon Partner to access the Online Service.

By entering into the Agreement, the Uklon Partner confirms that he is fully and completely familiar with and agrees with its terms.

The parties understand that access to the Online Service is carried out by downloading a computer program (“Mobile Application”) and using it, as well as by entering relevant data and using the software functions of the Website.

1. TERMS AND DEFINITIONS

1.1. Uklon is a legal entity under the laws of Ukraine – UKLON UKRAINE LLC, which provides the Uklon Partner with access to the Online Service in accordance with this Agreement.

1.2. Partner Uklon is a natural or legal person who, with the help of the Website and Mobile Application, gets access to the Online Service for the purpose of use in the city of Kyiv and its suburbs . Partner Uklon bears all risks associated with access to the Online Service and its use by any third party who was not authorized to do so.

1.3. Online service “Uklon Driver” (Online Service or Technology Platform) is a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc. ), which is intended for automated monitoring, collection, processing, distribution, storage, presentation of data about Orders placed on it by Users, automatic calculation of the cost of the Order taking into account the ratio of supply and demand, weather conditions, route and its load, etc. ., and carries out automatic construction of routes and provides data exchange for communication with the User, and provides the Uklon Partner with the opportunity at its own discretion to accept or reject the relevant Orders, publish its location data, provide evaluations to Users and interact with them, use the routes built by the program in real time time, as provided for by the available functionality of the Online Service. The online service is the result of computer programming, which belongs to software products.

1.4. The User is any legally capable natural person over the age of 18 (eighteen) or a legal entity who placed an Order using the “Uklon” Mobile Application or the website: uklon.com.ua.

1.5. Order – the User’s order to receive the Service, structured according to the necessary details.

1.6. Website – a web page on the Internet at the address: uklon. com. u.a. The website is the result of computer programming belonging to software products.

1.7. Mobile Application – a copy of a computer program in the form of a mobile application for iOS, Android mobile devices called “Uklon Driver”, which is provided by Uklon to the Uklon Partner for temporary use (during the term of this Agreement) for the functional purpose of the end user as a tool for obtaining access to the Online Service.

1.8. A public offer is an offer of Uklon, placed on the Website and addressed to an unspecified circle of individuals or legal entities to enter into this Agreement through its Acceptance.

1.9. Acceptance is a full, unconditional and unconditional acceptance by the Obligation Partner of the terms of the Public Offer. By accepting the Public Offer, the Uklon Partner confirms its familiarity with and full, unconditional and final agreement with all the terms of the Agreement, as well as its willingness to join the Agreement.

1.10. Internal balance – a section of the account (personal account) that reflects the amount of money that was paid by the Uklon Partner or third parties on behalf and in the interests of the Uklon Partner to the benefit of Uklon as a preliminary payment for the Uklon Partner’s access to the Online Service or other services provided by Uklon to the Uklon Partner in accordance with the terms of this Agreement.

1.11. Services – services for the transportation of passengers by road transport, services for the transportation of passengers by road transport in one direction (joint trip), services for driving the User’s vehicle (“driver” service), courier delivery services and other Services.

1.12. The Maximum fee is the reward that Uklon Partner pays to Uklon as a fee for obtaining access to the Online Service. The rate of the Maximum fee and the procedure for its payment are defined in Section 4 of the Agreement. Among using the term the Maximum fee, Uklon may use the term “commission” in its own external and internal communications in line with the established practice (business custom) of using this term among online services similar to the Online Service. At the same time, the very use of the term “commission” to denote the Maximum Reward does not give rise to relations arising from the commission agreement, and does not create rights and/or obligations for Uklon and Uklon Partners in connection with commission/agency relations.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Agreement, Uklon provides the Uklon Partner with access to the Online Service, which is provided via the Internet on the Website and/or with the help of the Mobile Application for the fee established by this Agreement, in the city of Kyiv and its suburbs.

2.2. Access to the Online Service is provided to the Uklon Partner exclusively for interaction with Uklon for the purpose of processing and executing Orders and automatically building optimal routes, as provided for by the available functionality of the Online Service. At the same time, the Uklon Partner is granted a non-exclusive license to use the Online Service (Technology Platform) and the objects of intellectual property rights included in it, namely their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each device, public performance and public display.

2.3. Partner Uklon decides at its own discretion whether to accept or not to accept the Order for execution. In case of acceptance of the Order, the Uklon Partner undertakes to pay to Uklon the fee provided for in this Agreement in accordance with Clause 4 of this Agreement.

2.4. Full and unconditional acceptance of a valid Public Offer in accordance with Article 642 of the Civil Code of Ukraine is the fact that the Uklon Partner makes a payment against the fee for obtaining access to the Online Service.

2.5. The moment of Acceptance of a valid Public Offer, defined in clause 2.4 of the Agreement, is considered the moment of conclusion of the Agreement. The contract concluded with the acceptance of a public offer is legally valid in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to the contract signed by the parties.

2.6. To gain access to the Online Service, the Uklon Partner registers through the Website or Mobile Application, as a result of which a unique account (personal account) is created, which provides his access to the Online Service.

2.7. When registering, the Uklon Partner is obliged to provide reliable information about himself by filling out the appropriate registration form. In the event that the Uklon Partner provides inaccurate information during registration or later when using access to the Online Service, Uklon has the right to suspend or cancel the operation of the Uklon Partner’s account (registration) without prior notification or obtaining any consent from the Uklon Partner.

2.8. In the event that the actions of the Uklon Partner may lead to a violation of any norms and rules of current legislation, human rights, as well as the possibility of claims against Uklon or the involvement of Uklon in liability for the actions of the Uklon Partner, Uklon has the right to immediately block the actions of the Uklon Partner, and also suspend or cancel the Uklon Partner’s account without prior notice or obtaining any consent from the Uklon Partner.

2.9. During registration in the Online Service, the Uklon Partner must enter a unique password. At the same time, Uklon Partner bears full responsibility for the reliability of the provided password and the protection of its account.

2.10. In the event that a third party gains access to the Uklon Partner’s account, the Uklon Partner must immediately notify Uklon to take appropriate measures, provided that the Uklon Partner can confirm the legitimacy of the account.

2.11. The Uklon partner independently ensures the preservation of information about its passwords, including, but not limited to, registration codes and other confidential information. Uklon is not responsible for the consequences of the Uklon Partner’s loss of confidential information about his/her personal data (login, password, registration code). This provision applies both to the Uklon Partner’s transfer of personal data information to third parties voluntarily, and to the Uklon Partner’s loss of confidential personal data information against his/her will.

2.12. Registration of an account by a Uklon Partner, which is a legal entity or an individual entrepreneur (hereinafter referred to as a motor transport company). After concluding a separate agreement, the trucking company can independently register accounts for its employees and/or service providers. In such case, the transport company must ensure that its employees and/or service providers comply with the requirements of this Agreement and any other Uklon terms posted on the Website and agree to act in accordance with their terms and obligations. The trucking company and its employees and/or service providers are jointly and severally liable for any violation committed by such employee and/or service provider.

2.13. Disable an inactive account. In order to avoid inefficient allocation of resources, Uklon has the right to delete (close) the account of the Uklon Partner, if the Uklon Partner does not use the account for 2 (two) consecutive years, including, but not exclusively, does not authorize in the personal account.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3. 1. Obligations of the Uklon Partner:

3. 1. 1. fulfill all accepted Orders;

3. 1. 2. execute the Order exclusively using vehicles that are in proper technical condition, taking into account the period of operation, mileage of the vehicle and seasonality;

3. 1. 3. carry out maintenance of the vehicle with which the Orders are executed;

3. 1. 4. to comply with the rules of passenger transportation, which are defined by the legislation of Ukraine;

3. 1. 5. issue and keep up-to-date all the necessary permit documents, which are defined by the legislation of Ukraine regarding the provision of services for domestic transportation of passengers by passenger cars;

3. 1. 6. not transfer either the right or the possibility of access to the Online Service to third parties;

3. 1. 7. timely and fully pay the fee for obtaining access to the Online Service;

3. 1. 8. to provide Uklon with the necessary information related to the fulfillment of the terms of this Agreement;

3. 1. 9. in the case of refusal without good reason to fulfill the accepted Order, notify Uklon about it. Otherwise, the Agreement may be terminated by Uklon unilaterally;

3. 1. 10. comply with the Standard Requirements for Cooperation posted on the Website under the links Requirements for behavior and communication and Requirements for cars ;

3. 1. 11. during the execution of the Order, do not use mobile applications and navigators that are directly or indirectly controlled by Russian citizens and/or Russian companies, including, but not limited to: “Yandex Maps and Navigator”, “2GIS-accurate offline – maps”, “GPS navigator CityGuide”, “Navitel Navigator”;

3. 1. 12. in case of receiving a notification in the Mobile Application about the need to return the shipment to the User (sender) during the execution of the Order for the provision of courier delivery services, return such shipment to the User;

3. 1. 13. provide services to Users in the national language;

3. 1. 14. broadcast music in the salon only after obtaining the consent of all Users;

3. 1. 15. not to take photos and videos of Users without their consent and not to publish and distribute (not publish) photo and video materials depicting Users without their consent;

3. 1. 16. refrain from personal contacts with Users that are not directly related to the execution of the Order;

3. 1. 17. not to use the personal data of Users, which became known to the Uklon Partner during the execution of the Order, for their own personal purposes or in the interests of third parties;

3.1.18. refrain from placing the following information on the outer surfaces and inner surfaces of the vehicle which is used for Services provision:

(i) advertising and information, the placement (distribution) of which is prohibited by the current legislation of Ukraine, including unfair advertising;

(ii) advertising and information that is posted (distributed) in violation of the current legislation of Ukraine;

(iii) advertising and information related to gambling, alcoholic beverages, tobacco products, other smoking products, THP and electronic cigarettes.

3. 2. Rights of the Uklon Partner:

3. 2. 1. access the Online Service and use it in accordance with the terms of this Agreement;

3. 2. 2. to receive from Uklon the necessary clarifications related to the fulfillment of its obligations under this Agreement;

3. 2. 3. in the event that the Uklon Partner discovers during the performance of the courier delivery service items, the transportation and delivery of which is prohibited by the current legislation of Ukraine, to refuse the transportation and delivery of such items;

3. 2. 4. withdraw your consent to the life and health insurance provided by Uklon at any time by sending a corresponding message to the following e-mail address of Uklon: control@uklon.com.ua .;

3. 2. 5. use the “SOS” button in case of emergency situations.

3. 3. Responsibilities Tilt:

3. 3. 1. provide the Uklon Partner with the opportunity to access the Online Service from an electronic device (mobile phone, tablet, computer) of the Uklon Partner and the opportunity to register a personal account on the Website;

3. 3. 2. demand compliance by the Uklon Partner with the appropriate level of service to Users in accordance with this Agreement.

3. 4. Tilt rights:

3. 4. 1. check compliance by the Uklon Partner with the terms of this Agreement;

3. 4. 2. to receive payment from the Uklon Partner in accordance with the procedure provided for in this Agreement;

3. 4. 3. in case of non-fulfillment or improper fulfillment by the Uklon Partner of the terms of this Agreement, to demand the elimination of violations;

3. 4. 4. refuse the Uklon Partner to conclude this Agreement or terminate it unilaterally without warning in case of non-compliance or violation by the Uklon Partner of this Agreement and/or the Standard Requirements for Cooperation posted on the Website;

3. 4. 5. terminate this Agreement unilaterally or temporarily suspend access to the Online Service without warning in the event that the Uklon Partner commits actions that carry financial and/or reputational risks or other negative consequences for Uklon ;

3. 4. 6. to insure the life and health of the Uklon Partner during the execution of the Order. Insurance is carried out by Uklon at its own expense, the Uklon Partner is not obliged to pay any insurance payments. The choice of insurance company and insurance conditions are determined at the discretion of Uklon, to which the Uklon Partner gives his consent.

4. AMOUNT OF PAYMENT AND PROCEDURE OF CALCULATIONS

4.1. Uklon Partner pays Uklon a fee for providing access to the Online Service. The maximum amount of the fee is (hereinafter – the Maximum fee):

4.1.1. 21% of the cost of the Transportation Services specified in the Order.

4. 2. Payment for access to the Online Service is made by the Uklon Partner through payment terminals or by non-cash payment to the Uklon bank account. The Uklon partner has the right to make an advance payment for providing access to the Online Service. 

4.3. The Maximum fee may be changed by Uklon temporarily or permanently depending on various factors at Uklon’s discretion by notifying Uklon Partner in the manner specified in section 5 of this Agreement. Also, depending on certain circumstances (the ratio of supply and demand and/or other specifics of the Order), Uklon reserves the right to reduce the amount of fee that is actually applied to individual Orders. Uklon Partner is informed and consents to the fact that the reduction of the fee is carried out by Uklon without prior notification to Uklon Partner.

4. 4. The Uklon Partner pays Uklon a fee for the provision of maintenance and administration services for the Uklon Partner’s account (personal account) in the Online Service and account deletion (deactivation) services (hereinafter – Administration Services). From the moment the account is deleted, the Administration Services are considered to be properly provided by Uklon and accepted by the Uklon Partner.

4.5. Uklon reserves the right to distribute promotional codes to Users at its sole discretion for promotional purposes. Uklon Partner is obliged to accept the use of the promotional code only when the User applies the code in the Mobile Application to the trip using payment using a payment system integrated with the Online Service. Promo codes cannot be applied to trips paid for in cash. If the use of promotional codes is suspected to be illegal and/or improper, contrary to the terms of use of the promotional codes, the promotional code may be canceled and the outstanding amount will not be reimbursed to the Uklon Partner by Uklon .

4. 6. The Parties agreed that, in case of deletion of the account (personal account), the balance of the advance payment, which is reflected in the Internal Balance of the Uklon Partner as of the date of such deletion, is the cost of the Administration Services provided to the Uklon Partner as agreed by the Parties.

5. TERM OF THE AGREEMENT, PROCEDURE FOR AMENDMENT AND TERMINATION

5. 1. This Agreement is concluded for an indefinite period and may be terminated by any of the Parties unilaterally with prior notification of the other Party 5 (five) days before the date of termination, unless otherwise provided by the provisions of this Agreement .

5. 2. If within 1 (one) year from the moment of making the last payment for access to the Online Service, the Uklon Partner has not made any further payment, this Agreement shall be deemed terminated. This provision does not deprive the Uklon Partner of the right to contact Uklon for the purpose of concluding a new Agreement in the future.

5. 3. Uklon has the right to unilaterally change or update the terms of this Agreement at any time, including by approving a new version of the Agreement. All changes in this Agreement, including those set forth in the updated version of the Agreement, enter into force from the date of the revision of the Agreement, which is indicated at the end of the text of the Agreement.

5. 4. Uklon notifies about amendments to the Agreement by sending a corresponding notification to the Uklon Partner by means of communication indicated by the Uklon Partner during registration, and by publishing the amended or updated version of the Agreement on the Website. The moment when the Uklon Partner becomes familiar with the published information is considered the moment when the information became available to the Uklon Partner in accordance with the terms of this Agreement.

5. 5. Any changes to the Agreement from the moment it enters into force apply to all persons who joined the Agreement, including those who joined the Agreement before the date of entry into force of the changes to the Agreement.

5. 6. Amendments to the Agreement, published by Uklon in the manner prescribed by this Agreement, become effective from the moment of publication of the amendments to the Agreement or the publication of the updated version of the Agreement. In this regard, the Uklon Partner is suggested to periodically review the current version of the Agreement, in particular, on the Website.

5.7. Detailed information on the deletion of a unique account (personal account) by the Uklon Partner is indicated on a separate page of the Website, which is freely accessible https://uklon.com.ua/delete-account/

6. RESPONSIBILITY OF THE PARTIES

6. 1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations, provisions or conditions of this Agreement in accordance with the current legislation of Ukraine, unless otherwise provided for in this Agreement.

6. 2. In the event that the Uklon Partner has violated its obligations to make any payments under the Agreement, Uklon has the right to demand from the Uklon Partner, and the latter undertakes within 10 (ten) calendar days from the date of receipt from Uklon of the corresponding notice of payment, to pay to Uklon a penalty in the amount of double the accounting rate of the National Bank of Ukraine on the overdue amount for each day of overdue.

6. 3. If the Uklon Partner violates its obligations to make payments under the Agreement, Uklon has the right to terminate the Uklon Partner’s access to the Online Service without warning.

6. 4. Termination of access to the Online Service Uklon due to the reasons specified in Clause 6. 3 of the Agreement does not release the Partner Uklon from the fulfillment of obligations that arose before such termination of access to the Online Service, as well as payment of penalties for benefit Tilt.

6. 5. In case of termination of access to the Online Service in accordance with clauses 6. 3, 6. 4 of this Agreement, in order to renew the provision of such access, the Uklon Partner must pay the cost of access to the Online Service and the Uklon fee in full. If the Uklon Partner does not wish to renew access to the Online Service within 5 (five) calendar days from the date of termination of such access, Uklon has the right to unilaterally terminate this Agreement.

6. 6. In case of cancellation by the Uklon Partner of accepted Orders, Uklon may apply the following measures of influence: the first cancellation – a warning, the second cancellation – a fine of UAH 50.00, the third cancellation or more – a fine of UAH 100 for each cancellation, cancellation of orders to Boryspil airport and/or in the opposite direction — a fine of UAH 300 for each case of cancellation.

6. 7. In the event that the Uklon Partner makes unjustified and/or false presses of the “SOS” button, which is intended exclusively for emergency situations during the execution of Orders, Uklon applies the following measures of influence: the first false call – a warning, the second false call – a fine in the amount 50.00 hryvnias, the third summons or more — a fine in the amount of 100.00 hryvnias for each case.

6. 8. If the Uklon Partner increases the cost of the service specified in the Order, Uklon has the right to charge the Uklon Partner a fine equal to the amount of the excess of the cost of the service specified in the Order.

6. 9. In case of damage caused to Uklon, as a result of a violation by the Uklon Partner and/or the persons involved by them of the documents Requirements for behavior and communication and Requirements for cars posted on the Website , the Uklon Partner shall pay a fine of up to UAH 100,000.00 at the request of Uklon .

6. 10. Uklon is not obliged to pay the Uklon Partner the value of the Order specified for the User, if the payment did not take place because the User’s bank card or other payment was canceled or did not go through for other reasons. In this case, Uklon can help the Uklon Partner to request the appropriate amount of the Order from the User and help in communication with the User regarding debt repayment. In any case, regardless of the provisions of this paragraph, Uklon is not a party to the contract for the provision of services concluded between the Uklon Partner and the User.

6. 11. All complaints and claims that arise in any relation to the services are accepted and considered with the help of Uklon service (information) support. In case, based on the results of consideration of complaints and claims of Users, it turns out that the Uklon Partner is guilty of the quality of the services provided, the Uklon Partner bears full responsibility for the violation of the quality of services that arose due to its fault.

7. FORCE MAJOR

7. 1. None of the parties shall be liable for non-performance or improper performance of its duties, if such non-performance or improper performance is caused by the occurrence of force majeure circumstances major

7. 2. To force force majeure includes, but is not limited to: (1) fire, flood, earthquake, explosion, storm, landslide, epidemic and other natural phenomena and natural disasters; (2) as well as military actions, strikes, disruptions in the operation of payment systems and telecommunication networks, the adoption of a decision by a state authority or local self-government body that made the proper execution of this Agreement impossible, etc.

8. PERSONAL DATA

8.1. All issues related to the collection, use, processing and protection and otherwise processing of the personal data of the Uklon Partner are regulated by a separate Regulation on the processing and protection of personal data, which is posted on the Website and in the Mobile Application.

9. OTHER PROVISIONS

9. 1. This Agreement is freely available on the Website. The Agreement enters into force for Uklon from the moment of its publication on the Website, for the Uklon Partner from the moment of its Acceptance, taking into account the provisions of Clause 5. 5. of the Agreement.

9. 2. The contract can be concluded with any natural person who has reached the age of majority and has full legal capacity. The contract can be concluded with any legal entity created in accordance with the legislation of Ukraine, any other state or international norms.

9. 3. The place of conclusion of this Agreement is the location of Uklon.

9. 4. In cases not provided for by this Agreement, the Parties shall be governed by the current legislation of Ukraine.

9.5. By accepting the execution of the Order, according to which the User has chosen a non-cash method of payment for the Services, the Uklon Partner thereby confirms that he has read and accepts the conditions (public contracts) on the provision of funds transfer services without opening an account for Uklon Partners, publicly offered by the payment institutions that provide the service relevant payment transactions. The partner has the opportunity to familiarize himself with the conditions (public contracts) on the provision of funds transfer services without opening an account on the official websites of the relevant payment
institutions, namely:

9.5.1. With the terms of providing funds transfer services without opening an account, which are provided to Users by PROFITGID LIMITED LIABILITY COMPANY – on the website https://www.profitgid.ua /;

9.5.2. With the conditions of providing funds transfer services without opening an account, which are provided to Uklon Partners by UNIVERSAL PAYMENT SOLUTIONS LIMITED LIABILITY COMPANY – on the website https://www.ipay.ua .

9.6. Payment of the cost of Services or other payments by Users and their payments in favor of Uklon Partners are made through the payment systems involved by Uklon.

9.7. Any disputes and disagreements arising out of or in connection with this Agreement or its conclusion, execution or termination shall be resolved through negotiations between the Parties. If the Parties cannot settle the dispute through negotiations within 30 (thirty) calendar days after one of the Parties has notified the other Party in writing of the occurrence of such a dispute or disagreement, then such a dispute shall be resolved in a court of law under the jurisdiction and jurisdiction established by the legislation of Ukraine.

9.8. The Uklon partner is obliged to maintain the means by which the transportation Services are provided and all the equipment and facilities necessary for the performance of the Services and access to the Online Service in good condition. The Uklon Partner is responsible for paying all costs incurred by him/her in the provision of the Services, fuel costs, cost of mobile tariff plans, customs duties, vehicle depreciation, insurance, relevant income taxes, corporate taxes or personal income taxes , etc.

9.9. If, during the provision of transportation Services, any of the Users negligently damaged the vehicle or its equipment (among other things, damaged or polluted the vehicle or caused a stench in the vehicle), Partner Uklon has the right to demand compensation from the User for any damages. At the same time, Uklon does not guarantee reimbursement of such damages by the User and does not bear any responsibility for direct or indirect damages/expenses related to the cleaning or maintenance of the vehicle caused by the actions of the Users.

9.10. The Uklon Partner undertakes to comply with all tax obligations arising for the Uklon Partner in connection with the provision of the Services, including (i) payment of personal income tax, military duty or any other applicable tax; (ii) a single social contribution to mandatory state social insurance or other similar payment for yourself and/or for your employees as required by law and (iii) fulfillment of all obligations regarding registration and/or registration of the Uklon Partner and/ or employees of the Uklon Partner and/or tax registration for calculations and transfers to the relevant budget and/or to the relevant account, as required by current legislation.

9.11. If the tax authority requests Uklon to provide information regarding the Uklon Partner’s activities, Uklon has the right to provide the tax authority with any and all information it has about the Uklon Partner’s activities to the extent required by law. Partner Uklon is obliged to comply with all current tax regulations that may be applied in connection with the provision of Transportation Services. The Uklon Partner undertakes to compensate Uklon for any and all taxes, contributions, state fees, payments, fines or other mandatory payments or obligations that Uklon incurs in connection with the failure of the Uklon Partner to fulfill its obligations arising from the applicable tax regulations (including the obligation to pay personal income tax, military duty and the single social contribution to the mandatory state social insurance or any other applicable mandatory payment).

9.12. This Agreement does not establish any other legal relations (including labor relations) between the Parties and/or with any third parties than those established by this Agreement.

9.13. If any provision or condition of this Agreement is found to be invalid or not statute-barred, all other terms and conditions shall remain valid and statute-barred. All such invalid or non-time-barred provisions shall be amended to be valid, time-barred and reflect the intent of the parties.

9.14. The database formed as a result of the provision of Uklon services is the exclusive property of Uklon, and the Uklon Partner does not have any rights or powers in relation to it, including the registration of the database in accordance with the current legislation of Ukraine.

9.15 This Agreement is drawn up in the Ukrainian language, but is provided for viewing in Russian and English. In the event of a discrepancy between the original version of the Agreement in the Ukrainian language and the version of the Agreement in another language, the provisions of the original version of the Agreement in the Ukrainian language shall apply in this case.

10. DETAILS:

LLC “UKLON UKRAINE”

04073, Kyiv, pr-t. S. Bandery, bldg. 20B

EDRPOU code 44293344

IBAN: UA973006140000026000500496156

in JSC “CREDI AGRICOLE BANK”

TIN 442933426546

Tel. +380931771511

e-mail: uklon1@uklon.com.ua

Published on September 19, 2024.

1. GENERAL PROVISIONS

1.1. The User Agreement (hereinafter referred to as the Agreement) is an agreement between the User and the Administrator regarding the provision of access to the Online Service (supply of software products) and replaces all previous agreements between the User and the Administrator.

1.2. When using access to the Online Service, the User, regardless of his legal status and civil capacity, is subject to the rules and restrictions set forth in this Agreement.

1.3. The Agreement, taking into account all changes and additions, is posted for public information on the Website and in the Mobile Application.

1.4. The user confirms that he is fully and completely familiar with and agrees with the terms of the Agreement. If the User disagrees with any of the provisions of this Agreement, the User may not access the Online Service.

1.5. The User understands that access to the Online Service is carried out by downloading a computer program (Mobile Application) and using it, as well as by entering relevant data and using the software functions of the Website.

1.6. The User agrees to comply with the terms of this Agreement during the User’s registration on the Website and/or in the Mobile Application, and/or placing an Order on the Website without the User’s registration.

1.7. The Administrator may supplement or otherwise change this Agreement without prior notice to the User. The User hereby gives his consent to making changes to the Agreement without receiving any special confirmation from the User.

1.8. In this Agreement, the following terms are used in the following meaning:

The Administrator is a legal entity created in accordance with the legislation of Ukraine – UKLON UKRAINE Limited Liability Company;

User – any legally capable natural person who at the time of registration on the Website and/or in the Mobile Application and/or placing an Order on the Website without such registration has turned 18 (eighteen) years old, or a legal entity that has accepted the terms of this Agreement and gained access to the Online Service;

Online service “Uklon” (Online service or Technological platform) is a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc.) , which is intended for automated monitoring, collection, processing, distribution, storage, presentation of data about Orders placed on it by Users and Service offers placed by Uklon Partners, automatic calculation of the cost of Services within the scope of the Order and additional Order Parameters , taking into account the ratio of supply and demand, weather conditions, the route and its load, etc., and carries out automatic construction of routes and provides data exchange for communication between the User and the Uklon Partner, and provides the User with the opportunity to search for and get acquainted with the offers of the Uklon Partners, automatically generated, in accordance with the Customer’s criteria, regarding the possible execution of the Order, and also at its own discretion to accept or reject the relevant offers of Uklon Partners, change the recommended cost of Services, provide evaluations of the Online Service and Uklon Partners and interact with them, use the routes built by the program in the mode in real time, as provided for by the available functionality of the Online Service. The online service is the result of computer programming, which belongs to software products.

Partner Uklon is a third party (individual or legal entity) that provides and/or offers the User the provision of services for the transportation of passengers by road transport, services for managing the User’s vehicle (“driver” service), courier delivery services, and which is in contractual relations with the Administrator on the basis of the contract on providing access to the online service (supply of software products), which is public, and is concluded by acceptance by such a third party of the Public Offer to provide access to the online service (supply of software products) posted on the website www.uklon.com.ua.

Order – the User’s order for the provision of the Service, structured according to the necessary details and Order Parameters.

Services – services for the transportation of passengers by road transport, in particular transportation of several passengers in one direction (joint trip), services for driving the User’s vehicle (“driver” service), courier delivery services provided to Users by Uklon Partners. No provision of this Agreement is intended or implied that the Administrator provides or may provide the Services.

Order parameters – additional circumstances that arise during the implementation and execution of the Order, and which have or may have an impact on the final cost of the Order, including, but not limited to, the following factors:

– Traveling with an animal;

– Additional waiting;

– Adding an additional point for the tracking route;

– Transportation of additional luggage in the cabin;

– Meeting with the sign;

– Travel with Kids;

– Non-exit of the User after placing the Order.

Preliminary order – Order which was created by the User for the defined moment in future.

Website – a web page on the Internet at the address: www.uklon.com.ua. The website is the result of computer programming belonging to software products.

Mobile Application – a copy of a computer program in the form of a mobile application for iOS, Android mobile devices called “Uklon”, which is provided by the Administrator to the User for temporary use (during the term of this Agreement) for the functional purpose of the end user as a tool for obtaining access to Online service.

Personal data – information or a set of information about a natural person who is identified or can be specifically identified.

2. USER REGISTRATION

2.1. To gain access to the Online Service, the User registers through the Website or Mobile Application, as a result of which a unique User account is created, which provides access to the Online Service.

2.2. When registering, the User is obliged to provide reliable information about himself by filling out the appropriate registration form.

2.3. In the event that the User provides inaccurate information during registration or later when using access to the Online Service, the Administrator has the right to suspend or cancel the User’s account (registration) without prior notification or obtaining any consent from the User.

2.4. The Administrator reserves the right to immediately block the User’s actions, as well as to suspend or cancel the User’s account without prior notice or obtaining any consent from the User in accordance with the provisions of Section 6 of this Agreement.

2.5. The Administrator has the right to delete the User’s account if the User does not use it for 12 (twelve) calendar months.

2.6. When registering through the Website and/or Mobile Application, the User must enter a unique password. At the same time, the User bears full responsibility for the reliability of the provided password and the protection of his account.

2.7. In the event that a third party gains access to the User’s account, the User must immediately notify the Administrator to take appropriate measures, provided that the User can confirm the legality of the account belonging to a specific User.

2.8. The user independently ensures the preservation of information about his passwords and other confidential information. The administrator is not responsible for the consequences of the User’s loss of confidential information about his personal data (login and password). This provision applies both to the User’s transfer of information about personal data to third parties voluntarily, and to the User’s loss of confidential information about personal data against his will.

3. ONLINE SERVICE ACCESS WITHOUT USER REGISTRATION

3.1. User can access the Online Service without registering the User only when placing an Order through the Website. In this case, the User must enter his name and phone number in the Order form.

3.2. Regardless of the fact of registration, the User undertakes to comply with the terms of this Agreement when using access to the Online Service.

3.3. If the User’s actions may lead to the violation of any norms and rules of the current legislation, human rights, as well as the possibility of claims against the Administrator or the Administrator’s involvement in responsibility for the actions of such a User, the Administrator has the right to immediately block the User’s actions without prior notice or obtaining any consent from the User.

4. PERSONAL DATA

4.1. All issues related to the collection, use, protection and otherwise processing of the User’s personal data are regulated by a separate Privacy policy posted on the Website and in the Mobile Application.

4.2. Acceptance of the provisions of the Regulation on the processing and protection of personal data is necessary for the acceptance of the provisions of this User Agreement.

5. ACCESS TO THE ONLINE SERVICE

5.1. Access to the Online Service is provided to the User exclusively for the purposes of organization and planning of the Users’ receipt of Services under this Agreement by making relevant Orders.

5.2. The administrator provides Uklon Partners with access to the online service “Uklon Driver” for the purpose of processing and fulfilling Orders on contractual grounds. Uklon partners, in case of acceptance of the Order, provide Services to Users taking into account the Order Parameters. The Administrator is not responsible and does not assume any obligations to the Users regarding the Services provided to the Users by Uklon Partners and does not provide any guarantees to the Users regarding the quality of such Services.

5.3. Services are provided by Uklon Partners on the basis of separate agreements between specific Users and Partners, to which the Administrator is not a party in any case.

5.4. The Administrator is not responsible for the terms, content, relevance and quality of the provision of information about the Services by the Partners, the availability of these Services at the moment, and the Administrator is not responsible to the Users for possible negative consequences, damages caused to the User as a result of the non-provision or improper provision of Services by the Partners Tilt

5.5. In case of ordering courier delivery services, the User undertakes not to order the delivery of items, the transportation and delivery of which is prohibited by the current legislation of Ukraine. The user agrees that in case of violation of this clause, he is responsible for all possible risks and/or consequences that may arise in connection with the transportation and delivery of such items. At the same time, Uklon Partners have the right to deny the User the provision of courier delivery services in case of detection of items, the transportation and delivery of which is prohibited by the current legislation of Ukraine.

5.6. The Website, Mobile Application, Online Service are not intended for posting confidential information, information with limited access, information of third parties, for posting of which proper permissions and authorizations have not been obtained from the Administrator.

5.7. The Administrator reserves the right to suspend access to the Online Service or its parts at any time for any reason or in the absence thereof without prior notice to the User.

5.8. The Administrator has the right to insure the life and health of Users during transportation, as well as to insure the shipment during its delivery by Uklon Partners. Insurance is carried out by the Administrator at his own expense, the User is not obliged to pay any insurance payments. The choice of insurance company and insurance conditions are determined at the discretion of the Administrator, to which the User gives his consent. The user has the right to withdraw his consent to insurance at any time by sending a corresponding message to the following e-mail address of the Administrator: control@uklon.com.ua .

6. FEATURES OF PROCESSING, PROVIDING AND RECEIVING CERTAIN SERVICES WHEN USING THE ONLINE SERVICE

6.1. When concluding transportation contracts between the User and the Uklon Partner, the User places an Order using the Online Service, taking into account that the final cost of the Order and the types of Services may depend on individual Order Parameters, which may be applied during the creation of the Order, execution of the Order by the Uklon Partner, and after the Order is completed.

6.2. During the execution of the Order for transportation services or shared trip services, Partner Uklon has the right to charge a fee for each minute of further waiting of the User (s), if such waiting exceeds 3 minutes, and in the event that such waiting in total exceeds 7 minutes, Partner Uklon also has the right to refuse further provision of the transportation service or the provision of a shared trip service under such an Order.

6.3. In the event that the User placed an Order for transportation services or shared ride services, but the User refused from the Order or canceled the Order after Uklon Partner arrived at the place of the call, the Uklon Partner has the right to cancel the Order after the 7 minute waiting period has elapsed and additionally demand a refund expenses incurred by him in connection with the acceptance of the Order for Services that were not provided due to the User’s actions or inaction and in event of User’s cancelation of the Preliminary order after its acceptance has been confirmed – to demand reimbursement of respective Uklon Partner expenses. In addition, Uklon Partner has the right to charge a fee for the Order canceled by the User, if the cancellation of the Order confirmed by the Uklon Partner took place after the expiration of 3 minutes after its acceptance by the Partner or after the Uklon Partner drove more than 1 kilometer in the direction of the User’s boarding place.

6.4. In the event that during the execution of the Order for the provision of transportation services or a shared trip, the User (s) caused damage or damage to the interior of the car on which the Uklon Partner provided Transportation Services or the Shared Trip Services, the Uklon Partner has the right to demand from the User (s) ) compensation for damage caused to property as a result of actions of the User (s).

6.5. Partner Uklon may refuse to fulfill the accepted Order from the User if:

6.5.1. The user specified an incorrect (erroneous) address;

6.5.2. The user behaves aggressively and/or inappropriately;

6.5.3. The user has heavily soiled clothing;

6.5.4. The User attempts to transport dangerous cargo that may cause damage to the Uklon Partner’s vehicle, or cargo whose dimensions do not correspond to the technical characteristics of the Uklon Partner’s vehicle, provided that the User did not indicate special needs for cargo transportation when placing the Order;

6.5.5. The user tries to transport an animal without specifying information about transporting the animal in the Order Parameters;

6.5.6. The number of passengers trying to use the vehicle to receive the transportation service exceeds the established technical and safety characteristics of the Uklon Partner’s vehicle.

6.5.7. The User does not show up to receive the transportation service for more than 7 minutes from the moment the Uklon Partner arrives at the place specified in the Order.

6.5.8. The User transports a child whose height is less than 150 cm, without using child restraint systems that allow the child to be fastened using safety belts provided for by the design of this vehicle, without specifying the “Travel with Kid” class in the Order, or without notifying the Partner about the User’s own child restraint systems in the comments to the Order.

6.5.9. The User placed an Order for the provision of transportation services for a third party – a child under the age of 14 who is traveling unaccompanied by adults.

6.6. None of the provisions of this Agreement is a guarantee of fulfillment of Orders by Uklon Partners, who independently and at their own discretion accept or do not accept Orders for fulfillment. In any case, the Administrator is not a party to contractual relations arising between the User and the Uklon Partner and is not a guarantor of the fulfillment of Orders and/or the provision of relevant Services by the Uklon Partner.

7. LIMITATIONS ON THE USE OF ACCESS TO THE ONLINE SERVICE

7.1. When using access to the Online Service, the User may post information and objects of intellectual property rights, including, but not limited to: ratings, reviews, comments about the Online Service and/or Uklon Partners. At the same time, in the case of posting information and/or objects of intellectual property rights, the User guarantees that he legally owns such information and/or objects of intellectual property rights or property rights to them and/or received all necessary permissions for posting such information and /or objects of intellectual property rights from third parties. In the case of presenting claims to the Administrator, the User is obliged to settle such claims independently and at his own expense or to compensate the Administrator for losses incurred by the latter in connection with the User’s illegal placement of information and/or objects of intellectual property rights on the Website and /or in the Mobile Application.

7.2. The Administrator reserves the right to refuse posting, as well as at any time to delete/block information and/or objects of intellectual property rights posted by the User at its discretion for any reason without notification to the User and without his consent.

7.3. The administrator does not take any action and is not responsible for the reliability of information, accuracy and legality of posting information and/or objects of intellectual property rights on the Website and in the Mobile Application. The administrator does not check information and objects of intellectual property rights posted by Users, and is not responsible for their authenticity and legality.

7.4. The Administrator undertakes to inform the User about claims of third parties regarding the information and objects of intellectual property rights posted by the User. The User undertakes to grant the Administrator the right to publish information and/or objects of intellectual property posted by the User or to delete them.

7.5. The User undertakes not to use access to the Online Service to transmit, post or distribute in any way information, the content of which is illegal, threatening, defamatory, offensive, violates the right of intellectual property, spreads hatred and/or discrimination against people for any signs, contains insults and claims against other Users, the Administrator or any third parties whose rights are established by the Constitution of Ukraine and other relevant legal acts. It is also prohibited to distribute any information of an erotic, sexual and/or pornographic nature using the Website and Mobile Application. If the Administrator incurs any losses related to the posting of illegal information by the User, the User is obliged to compensate the Administrator for these losses in full.

7.6. Information and objects of intellectual property rights posted by the User must not contain:

7.6.1. restriction of minority rights;

7.6.2. impersonating another person or a representative of an organization and/or community without sufficient legal grounds, including employees and/or owners of the Administrator, as well as misrepresenting the properties and characteristics of any subjects or objects;

7.6.3. materials that the User does not have the right to make available or publish, according to the law or the contract;

7.6.4. materials that infringe the rights to any patent, trademark, trade secret, copyright and/or related rights or other intellectual property rights of a third party;

7.6.5. advertising, “spam” correspondence, “letters of happiness”, invitations to participate in financial services or imposing a service in another way;

7.6.6. materials containing computer codes designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access or bypassing technical means of protecting copyright and (or) related rights, as well as serial numbers to commercial software products, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet.

7.7. When using access to the Online Service, Users have no right to store, post, transmit or distribute in any other way any information and/or objects of intellectual property rights, if such actions may lead to violation of the rights of third parties, including the right to protection personal data.

7.8. In the event that Users discover information and/or objects of intellectual property rights, the use of which is restricted or the rights to which belong to third parties, the User is obliged to contact the Administrator and report the violation, indicating the Internet address of the information and/or objects of law intellectual property, which, in the User’s opinion, violate the rights of third parties and to notify the nature of such violation.

7.9. When using access to the Online Service, Users are prohibited from taking any actions that violate or may be the result of violation of the current legislation of Ukraine or the legislation of another country in which the User is located, as well as relevant international law.

7.10. Any materials obtained by the User using access to the Online Service are used by the User at his own peril and risk. The user is solely responsible for any damage or loss that may be caused to the computer and/or data as a result of downloading and using these materials.

7.11. Subject to Clause 2.4, the Administrator may block the User’s actions, as well as suspend or cancel the User’s account if the latter uses the account for purposes contrary to the provisions of this Agreement, including, but not limited to, situations when the User:

7.11.1. Uses personal data of other persons without appropriate justification (for example, without permission or consent of such person).

7.11.2. Conducts illegal financial transactions.

7.11.3. Has a negative account balance based on the results of payments for previous Orders.

7.11.4. Performs actions that lead to the deterioration of the Online Service or disrupt the work of Uklon Partners.

7.11.5. Abuses the Administrator’s trust, trying to change the terms of the Order for personal gain.

7.11.6. Doesn’t follow the rules. promotions, discount conditions and participation in programs initiated by the Administrator.

7.11.7. Falsifies data on the amount of Service received.

7.11.8. Uses bots or automated mechanisms to use the Online Service.

7.11.9. Shows disrespect to Uklon Partners, other Users, employees or representatives of the Administrator.

7.11.10. takes photos and videos of Uklon Partners without their consent, publishes and distributes photo and video materials depicting Uklon Partners without their consent;

7.11.11. Takes any other actions that carry financial and reputational risks or negative consequences for the Administrator.

7.12. The above-mentioned cases, taking into account clause 7.9 ., as well as the potential possibility of claims against the Administrator or liability for the Administrator due to the actions of the User, are grounds for taking such measures by the Administrator.

7.13. The user can contact the support service and submit a request to remove, suspend or cancel the account, thereby restoring access to the Online Service. After that, the Administrator can initiate an investigation and make a decision on such a request. In case of refusal to fulfill the request, the Administrator is not obliged to provide justification for his decision.

7.14. If the User repeatedly cancels requests for Orders within 24 hours, his account may be temporarily automatically blocked as a warning. After several such warnings, the account may be blocked for a longer period. In case of such automatic blocking, the account cannot be restored by the Administrator until the set blocking period expires.

8. PAYMENT FOR SERVICES AND PROMO CODES

8.1. Payment for the Services of Uklon Partners is made by the User in accordance with the tariffs posted in the Mobile Application and on the Website. During periods of increased demand/offer for Services (depending on traffic, weather conditions, time of day, etc.), a dynamic coefficient may be applied to the cost of Order and its parameters, i.e. the User is offered the recommended cost of the Services (the recommended cost of services is the approximate cost of services calculated using automatic algorithms for a certain moment of time, which reflects the real ratio of supply and demand for the implementation of the order during an adequate period of time and is not a recommended price offered by the Administrator). The dynamic coefficient is automatically calculated and edited in real time. The User has the right to accept the recommended price by confirming the Order or refuse such recommended price of the Services by independently reducing the price of the Services before confirming the Order, or by rejecting the Order. Nothing in this clause of this Agreement should be interpreted as an obligation of the User to accept the recommended price of the Service against his will or to limit the right of the User to make a subsequent Order after refusing to confirm the Order that preceded it. If the route is changed, the passenger is waiting for a long time or if other cases specified in Section 6 of these Terms occur, the cost of the Services specified in the Order is recalculated taking into account the application of the dynamic coefficient. When changing the route of an Order that has already been accepted by the Uklon Partner, the cost of the Services cannot be reduced. The User agrees that in the case of paying for the Service by bank card, the corresponding difference in cost will be debited from his bank card by the corresponding payment system. In the event that, as a result of using the Online Service and making previous Orders, which led to situations in which the User had to pay the Uklon Partner the full cost of the Order, taking into account the additional parameters of the Order (such as charging the User for the cost of the Uklon Partner’s arrival at the place of execution of the Order and waiting for the User by the Uklon Partner, compensation for damage caused by the User to the Uklon Partner’s vehicle, collection of the cost of additional waiting by the Uklon Partner) the User has a negative balance of funds on his account, further use of the Online Service is possible only after the settlement of the previous Order has been completed by User.

8.2. The User pays for the Services directly to the Uklon Partner. Payment in cash is made by the User by transferring cash to the Uklon Partner that provided the Service. 

8.3. The User can pay for the Services taking into account the parameters of the Order to the Uklon Partner using a bank card through the Mobile Application or on the Website. At the same time, the User automatically goes to the site of the corresponding payment system and enters his personal data and bank card data directly on the site of this payment system. The administrator does not store or transfer data of the Users’ bank cards.

8.4. The Administrator provides information assistance to ensure the acceptance of payments from Users and is solely responsible for the correctness of determining the cost of the Services payable to the Partner and providing the specified information to the Users. Acceptance and transfer of payments are carried out by relevant payment systems authorized to provide relevant services.

8.5. Payment for Services to Uklon Partners can also be made by the User through the Mobile Application using Google Pay, Apple Pay, provided that the relevant mobile applications are downloaded to their mobile device.

8.6. If the Uklon Partners have the technical capability, payment for the Services to the Uklon Partners can be made using a QR code (a two-dimensional matrix barcode that can be read by mobile devices), which is generated and provided by the Uklon Partners to the Services payment interface independently or using the corresponding payment system. At the same time, the Administrator is not responsible for the correctness of the posted QR code and is not a party to such payments.

8.7. The cost of the joint trip service is divided between two Users according to their route. In case of cancellation by the Users or one of the Users of the Order before the trip (in particular, not showing up to the vehicle), a fee for cancellation of the Order will be charged.

8.8. In addition to paying for Services to Uklon Partners, the User has the opportunity to leave Uklon Partners a tip (amounts in excess of the fee for the Services) upon completion of the Services if the User rated the Partner’s execution of the Order from 4 to 5 stars.

8.9. During promotional activities and promotions aimed at increasing Users’ interest in the Online Service and in order to attract new Users, the Administrator may provide Users with promotional codes that Users have the opportunity to use when placing Orders; to use the promotional code, the User must enter it in the “Add promotional code” field in the Mobile Application and/or on the Website.

8.10. The user agrees that the promotional codes may not be copied, sold, transferred or made public; promotional codes may be invalidated or canceled by the Administrator at any time and for any reason; promotional codes can be used only in accordance with certain conditions that are established for such promotional codes; promotional codes are not subject to exchange or return, in case of loss, the promotional code is not restored; replacing the promotional code with money or any other benefit is not allowed; only one promo code can be used per trip.

8.11. By choosing a non-cash method of payment for the Order in the Online Service, the User thereby confirms that he has read and accepts the conditions (public contracts) on the provision of funds transfer services without opening an account for Users, publicly offered by payment institutions that provide services for the relevant payment operations.

The user has the opportunity to familiarize himself with the conditions (public contracts) on the provision of funds transfer services without opening an account on the official websites of the relevant payment institutions, namely:

8.11.1. With the conditions of providing services for transferring funds without opening an account, which are provided to Users by the LIMITED LIABILITY COMPANY “UNIVERSAL PAYMENT SOLUTIONS” – on the website https://www.ipay.ua; 

8.11.2. With the conditions of providing services for transferring funds without opening an account, which are provided to Users by the LIMITED LIABILITY COMPANY «PROFITGID» – on the website  https://www.profitgid.ua.

9. RIGHTS AND GUARANTEES OF THE ADMINISTRATOR

9.1. The Administrator guarantees that the property rights of intellectual property on the Online Service, in particular, but not limited to: Technological Platform, Website, Mobile Application, any of their constituent parts, including program code, other electronic data in the form of numbers, letters, symbols , images and their combinations, design elements, text, graphics, illustrations, video information and other objects of intellectual property rights belong to the Administrator.

9.2. The Administrator grants the User a non-exclusive license to use the Online Service (Technology Platform) and the objects of intellectual property rights included in it, namely their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each devices, public performance and public display.

9.3. The conclusion of this Agreement does not violate the intellectual property rights of any third party. In the event of any claims or lawsuits of third parties regarding the User’s use of access to the Online Service, the Administrator undertakes to settle such claims or claims independently and at his own expense.

10. ADMINISTRATOR’S LIABILITY LIMITATION

10.1. The administrator is not responsible for any damage to life and health, any direct and/or indirect damage, material and/or non-material damage, liabilities or losses incurred as a result of: use or non-use by the User of access to the Online service; data placement, including personal data, on the Website and/or in the Mobile Application; lack of the User’s ability to access the Online Service or his use of such access; failure to provide or improper provision of Services to Users by Uklon Partners; any actions or inactions of Uklon Partners; presence or absence of any authorizations, permits, licenses, approvals of Uklon Partners; presence or absence of special legal status of Uklon Partners, etc.; unauthorized distribution, alteration or destruction of Users’ information as a result of using access to the Online Service.

10.2. Online service, Website, Mobile Application are provided for use by Users on an “as is” basis. The Administrator is not responsible to the User for ensuring that the Online Service, Website, Mobile Application meets the User’s expectations and/or that access to the Online Service is provided without interruption, reliably, without errors. The administrator is not responsible for changes, temporary or complete termination of the Online Service, Website, Mobile Application or any part thereof and/or access to the Online Service. The functioning of the Online Service and access to it may be disrupted by acts of force majeure and other factors, the prevention or overcoming of which is beyond the capabilities of the Administrator.

10.3. The administrator is not responsible for the functionality and ensuring the preservation and security of the information transmitted when making payments by the User, including for the actions of the bank and international payment systems, or other participants in the technical process of making calculations. All relationships in terms of making calculations are governed by the terms of International payment systems binding on the User and the User’s agreements with the bank that issued the User’s bank card.

10.4. The administrator is always ready to take into account the wishes and suggestions of any User of the Online Service, Website, Mobile Application regarding their work.

11. FINAL PROVISIONS

11.1. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.

11.2. All possible disputes that arise or will arise from the relations governed by this Agreement are resolved in accordance with the procedure established by the current legislation of Ukraine, at the location of the Administrator. Throughout the text of this Agreement, unless clearly stated otherwise, the term “legislation” means the legislation of Ukraine.

11.3. Taking into account the free use of access to the Online service, the norms on the protection of consumer rights provided for by the legislation of Ukraine cannot be applied to the relationship between the User and the Administrator.

11.4. Nothing in this Agreement can be understood as the establishment between the User and the Administrator of agency relations, mandates, partnership relations, joint activity relations, labor relations or any other relations not expressly provided for by the valid Agreement.

11.5. If for any reason one or more provisions of this Agreement are held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.

11.6. User acknowledges and agrees that the Administrator has the right to make changes and additions to this User Agreement from time to time without prior or subsequent notification of such changes to the User. The User’s use of access to the Online Service means acceptance of the amended terms of this User Agreement, however, the User can familiarize himself with the current version of the Agreement at any time.

11.7. Inaction on the part of the Administrator in case of violation of the provisions of the Agreement by any User does not deprive the Administrator of the right to apply appropriate actions to protect his interests later, nor does it determine the Administrator’s waiver of his rights in the event of subsequent similar or similar violations.

11.8. This Agreement is drawn up in the Ukrainian language, but it is provided for users to familiarize themselves with in Russian and English. In case of inconsistency between the terms of this document, set out in Ukrainian, and its translations in Russian and English, only the version of the document set out in Ukrainian, which is located at https://uklon.com.ua/user-agreement shall be legally binding.

ADMINISTRATOR’S REQUISITES:

LLC “UKLON UKRAINE”,

04073, Kyiv, pr-t. S. Bandery, bldg. 20B

EDRPOU code 44293344,

IBAN: UA973006140000026000500496156

in JSC “CREDI AGRICOLE BANK” TIN 442933426546

Tel. +380931771511

e-mail: uklon1@uklon.com.ua

Posted on September 19, 2024.

This Adhesion Contract (Public Offer) for providing access to the online service (supplying software products) sets out the terms and conditions subject to which UKLON LTD Limited grants you access to the Uklon Driver technological platform (online service), allowing you to provide Transportation Services to users by accepting orders placed on the Uklon Driver technological platform (online service). This Adhesion Contract (together with the documents that may be referred to herein) sets out the terms of use that apply to the use of the Uklon Driver technological platform (online service) and provision of the Transportation Services by you as the Uklon Partner. By using the Uklon Driver technological platform (online service), you confirm that you have accepted this Adhesion Contract that applies, inter alia, to all services provided to you through the Uklon Driver technological platform (online service), and that you agree to abide by the applicable terms and conditions. Please read this Adhesion Contract carefully before using the Uklon Driver technological platform (online service) and/or providing Transportation Services through it. If you do not agree to this Adhesion Contract, you may not use the Uklon Driver technological platform (online service) or provide Transportation Services through it.

ADHESION CONTRACT (PUBLIC OFFER)

FOR PROVIDING ACCESS TO THE ONLINE SERVICE

(SUPPLY OF SOFTWARE PRODUCTS)

1. TERMS AND DEFINITIONS

Uklon – UKLON LTD [UKLON LTD], a company established under the laws of the Republic of Cyprus, with registration number HE 357185, which is located at ul. 12 Dimostheni Severi, office 601, 1080, Nicosia, Cyprus, and which announces a public offer (hereinafter referred to as the “Offer”) to a wide and unlimited range of natural persons, individual entrepreneurs or legal entities to enter into an Accession Agreement (Public Offer) on the provision of access to the online service (supply of software products) (hereinafter referred to as the “Agreement”) in the manner specified in the Agreement.

Online service “Uklon Driver” (Online Service or Technology Platform) is a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc. ), which is intended for automated monitoring, collection, processing, distribution, storage, presentation of data about Orders placed on it by Users, automatic calculation of the cost of the Order taking into account the ratio of supply and demand, weather conditions, route and its load, etc. ., and carries out automatic construction of routes and provides data exchange for communication with the User, and provides the Uklon Partner with the opportunity at its own discretion to accept or reject the relevant Orders, publish its location data, provide evaluations to Users and interact with them, use the routes built by the program in real time time, as provided for by the available functionality of the Online Service. The online service is the result of computer programming, which belongs to software products.

Uklon partner is a natural or legal person who, with the help of the Website and Mobile Application, gets access to the Online Service, for the purpose of use within the entire territory of Ukraine (excluding the city of Kyiv and its suburbs). The Uklon Partner bears all risks associated with access to the Online Service and its use by any third party who was not authorized to do so.

The User is any legally capable natural person over the age of 18 (eighteen) or a legal entity who placed an Order using the “Uklon” Mobile Application or the website: uklon.com.ua.

Order – the User’s order for the provision of the service of transporting passengers by road transport, in particular the order of two Users for the provision of the service of transporting passengers by road transport in the same direction (joint trip), services for managing the User’s vehicle (“driver” service), delivery services, structured according to the necessary details.

The website is a web page on the Internet at the address uklon.com.ua . The website is the result of computer programming belonging to software products.

Mobile Application – a copy of a computer program in the form of a mobile application for iOS, Android mobile devices called “Uklon Driver”, which is provided by Uklon to the Uklon Partner for temporary use (during the term of this Agreement) for the functional purpose of end users as a tool for obtaining access to the Online Service.

Internal balance – a section of the account (personal account) that reflects the amount of money that was paid by the Uklon Partner or third parties on behalf and in the interests of the Uklon Partner to the benefit of Uklon as an advance payment for the Uklon Partner’s access to the Online Service or other services services provided by Uklon to the Uklon Partner in accordance with the terms of this Agreement.

Transportation services – services for transportation of passengers by road transport, services for driving the User’s vehicle (“driver” service), delivery services, other services.

Temporarily occupied territories are territories where hostilities are taking place or territories temporarily occupied by the Russian Federation, the lists of which are defined by the Legislation.

Legislation means all laws, regulations, directives, by-laws, administrative orders, common law and civil codes of any jurisdiction, all judgments, notices, instructions and decisions of courts, arbitral tribunals or authorized bodies and all codes of practice which have the force of law, interpretations and recommendations that apply to the relevant persons.

Acceptance – full, unconditional and unconditional acceptance by the Uklon Partner of the terms of the Offer. By executing the Acceptance, the Uklon Partner confirms his familiarity with and full, unconditional and final agreement with all the terms of the Agreement, as well as his willingness to join the Agreement.

The Maximum fee is the reward that Uklon Partner pays to Uklon as a fee for obtaining access to the Online Service. The rate of the Maximum fee and the procedure for its payment are defined in Section 8 of the Agreement. Among using the term the Maximum fee, Uklon may use the term “commission” in its own external and internal communications in line with the established practice (business custom) of using this term among online services similar to the Online Service. At the same time, the very use of the term “commission” to denote the Maximum Reward does not give rise to relations arising from the commission agreement and does not create rights and/or obligations for Uklon and Uklon Partners in connection with commission/agency relations.

2. GENERAL PROVISIONS

2.1 Uklon, makes an offer to conclude this Agreement and undertakes to Uklon Partners who accept (Accept) the Agreement, to provide them with access to the Online Service (supply software products) (hereinafter referred to as the Access Service) under the terms of the Agreement in within the entire territory of Ukraine ( excluding the city of Kyiv and its suburbs ). In addition, Uklon does not provide Uklon Partners with access to the Online Service in the Temporarily Occupied Territories.

2.2 Acceptance of the Offer is carried out by the Uklon Partner taking actions that indicate the Uklon Partner’s full and unconditional consent to receive the Access Service on the terms of the Offer. Such actions on the part of the Uklon Partner are the registration of the Uklon Partner in the Online Service.

2.3 The moment of Acceptance of the Offer, defined in clause 2.2. above, is considered the moment of conclusion of the Agreement. The contract concluded with the acceptance of a public offer has legal force, is valid, valid and equal to the contract signed by the parties.

2.4 To gain access to the Online Service, the Uklon Partner registers through the Website or Mobile Application, as a result of which a unique account (personal account) is created, which provides his access to the Online Service.

2.5 A Uklon partner can register as a legal entity or an individual, or as an individual entrepreneur, or as a self-employed person. Upon successful completion of registration, Uklon provides the Uklon Partner with a personal account that can be accessed using a username and password.

2.6 When registering, the Uklon Partner is obliged to provide reliable information about himself by filling out the appropriate registration form. In the event that the Uklon Partner provides inaccurate information during registration or later when using access to the Online Service, Uklon has the right to suspend or cancel the Uklon Partner’s account (registration) without prior notification or obtaining any consent from the Uklon Partner.

2.7 If the actions of the Uklon Partner may lead to a violation of the Law, human rights, as well as the possibility of claims against Uklon or the involvement of Uklon in liability for the actions of the Uklon Partner, Uklon has the right to immediately block the actions of the Uklon Partner, as well as suspend or cancel the activity of the Uklon Partner’s account without prior notification or obtaining any consent from the Uklon Partner.

2.8 When registering in the Online Service, the Uklon Partner must enter a unique password. At the same time, the Uklon Partner bears full responsibility for the reliability of the provided password and the protection of his account.

2.9 In the event that a third party gains access to the Uklon Partner’s account, the Uklon Partner must immediately notify Uklon in order to take appropriate measures, provided that the Uklon Partner can confirm the ownership of the account.

2.10 The Uklon partner independently ensures the preservation of information about its passwords, including, but not limited to, registration codes and other confidential information. Uklon is not responsible for the consequences of the Uklon Partner’s loss of confidential information about his personal data (login, password, registration code). This provision applies both to the Uklon Partner’s transfer of personal data information to third parties voluntarily, and to the Uklon Partner’s loss of confidential personal data information against its will.

2.11 Registration of an account by a Uklon Partner who is a legal entity or an individual entrepreneur (hereinafter referred to as a transport company). After concluding a separate agreement, the trucking company can independently register accounts for its employees and/or service providers. In such case, the transport company shall ensure that its employees and/or service providers comply with the requirements of this Agreement and any other terms and conditions of Uklon posted on the Website and agree to act in accordance with their terms and obligations. The trucking company and its employees and/or service providers are jointly and severally liable for any violation committed by such employee and/or service provider.

2.12 Uklon has the right, without notice to the Uklon Partner, to delete the account (personal account) of the Uklon Partner in the Online Service, if the Uklon Partner does not use the account for 24 (twenty-four) consecutive months.

3. SUBJECT OF THE AGREEMENT

3.1 Under this Agreement, Uklon provides the Uklon Partner for the fee established by this Agreement access to the Online Service, which is provided via the Internet on the Website and/or using the Mobile Application.

3.2 Access to the Online Service is provided to the Uklon Partner exclusively for interaction with Users for the purpose of processing and fulfilling Orders and automatically building optimal routes, as provided for by the available functionality of the Online Service. At the same time, the Uklon Partner is granted a non-exclusive license to use the Online Service and the intellectual property rights included in it, namely: their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each device , public performance and public display.

3.3 Uklon in no way provides Transportation Services and does not sell any goods, works, services sold (provided) by Uklon Partners. The legal relationship between Uklon Partner and User arises, changes and terminates exclusively between Uklon Partner and the User. Uklon is not a party to the relationship between the Uklon Partner and the User regarding the provision of the Access Service. At the same time, payment of the cost of transportation Services or other payments by Users in favor of Uklon Partners are made through the payment systems involved by Uklon.

4. UKLON PARTNER REPRESENTATIONS AND WARRANTIES

4.1 By clicking the “Register” button located at the end of the registration application, you (Uklon Partner) declare and guarantee to us (Uklon) that:

You have voluntarily and independently, without inducement or coercion from third parties, including us and our related parties, decided to enter into an Agreement with us for the use of the Uklon Online Service for the provision of Transportation Services and to provide us with information about yourself and documents;

You have the right to enter into an Agreement with us on the use of the Uklon Online Service for the provision of Transportation Services in accordance with the Law, You are not limited in your ability to independently acquire rights and obligations, in particular, by entering into such an Agreement with us, and you do not need a license for this, permission, consent and/or consent from third parties;

You have carefully studied, fully understand and agree to comply with the terms of this Agreement, including all of your obligations under this Agreement;

all information and documents you have provided to us are accurate, correct, complete and current;

You will ensure the correctness of the data in Your account in the Online Service and will constantly update the information;

You will not allow others to use your account, nor will you transfer or assign your account to any other person, or use other people’s accounts;

You will not use the Online Service for unauthorized or illegal purposes and will not harm the proper operation of Uklon, abuse or manipulate the Online Service (including decompiling the Uklon Driver Application or manipulating your GPS location);

You will use the Uklon Online Service in good faith and will not engage in fraud, including receiving any bonuses for providing us with false information;

You have control over the way you perform your duties to Users and are responsible for all consequences that may arise in connection with their performance;

You will always fully comply with all laws and regulations of the jurisdiction in which You provide the Transportation Services, including (but not limited to) laws governing passenger transportation services and the protection of personal data.

If you violate any of the above guarantees, Uklon has the right to charge you a contractual fine of up to UAH 1,000 for each violation and/or block your right to use the Uklon Online Service.

5. UKLON’S REPRESENTATIONS AND WARRANTIES

5.1 We (Uklon) for our part declare and guarantee to you (Uklon Partner) that Uklon:

a company duly formed, organized and registered in accordance with the laws of its jurisdiction, is fully capable and has all the necessary corporate powers to enter into and execute this Agreement;

is the sole owner and has all right, title and interest in its platform and technology, including but not limited to all intellectual property rights;

will provide equal opportunities and not discriminate against You and Users on the basis of race, color, religion, gender, national origin, sexual orientation, age or any other similar characteristic;

complies with all requirements for working with your geolocation data in accordance with the applicable Law;

has sufficient financial resources, material and technological resources, as well as qualified personnel to independently ensure the fulfillment of all its contractual obligations to you;

all our employees, agents and/or contractors who may have contact or interaction with you have been properly trained and meet all requirements necessary to fulfill our contractual obligations to you;

has adequate systems and procedures in place to provide you with support, including but not limited to technical support;

takes all necessary measures to ensure security against cyber threats, in particular by regularly updating and testing its systems.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Provided that the Uklon Partner complies with the terms of this Agreement, Uklon grants the Uklon Partner a non-exclusive license to use the Online Service. This license does not grant the Uklon Partner the right to sublicense, transfer any rights to any third party and/or otherwise dispose of the intellectual property rights owned by Uklon.

6.2 When using the Online Service, the Uklon Partner has no right to:

decompile, reverse engineer or otherwise attempt to derive the source code of the Online Service or other Uklon software;

modify the Online Service in any way or manner, or use modified versions of the Online Service;

transmit files containing viruses, corrupted files or any other similar programs that may damage or adversely affect the operation of the Online Service;

attempt to gain unauthorized access to the Online Service or any other Uklon services.

6.3 The license granted by this Agreement is canceled automatically and simultaneously with the termination of the Agreement. Upon termination of the Agreement, the Uklon Partner must immediately stop using the Online Service, and Uklon has the right to block and delete the Uklon Partner’s account without prior notice.

6.4 Uklon may provide the Uklon Partner with tags, labels, stickers or other marks in the form of physical and virtual objects related to the Uklon trademark or otherwise indicating that the Uklon Partner is using the Online Service. Uklon grants the Uklon Partner a limited, non-exclusive, non-transferable, non-sublicensable, non-exclusive and revocable license to use such marks for the sole and exclusive purpose of indicating that the Uklon Partner is using the Online Service. In case of termination of this Agreement for any reason, the Uklon Partner is obliged to immediately remove any signs related to the Uklon trademark.

6.5 All intellectual property rights in the marks for goods and services (trademarks), software products and any other objects of intellectual property rights, including source code, databases, logos and designs, belong to Uklon and are protected by copyright laws , trademarks and/or commercial secrets, as well as provisions of international treaties. By using the Online Service or any other Uklon services, the Uklon Partner does not acquire any rights to own any intellectual property.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1 Obligations of the Uklon Partner:

not to transfer either the right or the ability to access the Online Service to third parties;

to pay the fee for obtaining access to the Online Service in a timely manner and in full;

to provide Uklon with the necessary information related to the fulfillment of the terms of this Agreement;

not impersonate an employee, representative or agent of Uklon;

comply with the Standard Requirements for Cooperation posted on the Website under the links Requirements for Conduct and Communication and Requirements for Auto .

7.2 Rights of the Uklon Partner:

access the Online Service and use it in accordance with the terms of this Agreement;

to receive from Uklon the necessary clarifications related to the fulfillment of its obligations under this Agreement.

withdraw your consent to the insurance at any time by sending an appropriate message to the following email address of Uklon: support@uklon.eu ;

use the “SOS” button in case of emergency situations.

7.3 Obligations of Uklon:

provide the Uklon Partner with the opportunity to access the Online Service from an electronic device (mobile phone, tablet, computer) of the Uklon Partner and the opportunity to register a personal account on the Website.

7.4 Uklon’s rights:

check the Uklon Partner’s compliance with the terms of this Agreement;

in case of non-fulfillment or improper fulfillment by the Uklon Partner of the terms of this Agreement, to demand the elimination of violations as soon as possible;

refuse the Uklon Partner to conclude this Agreement or terminate it unilaterally without warning in case of non-compliance or violation by the Uklon Partner of this Agreement and/or the Standard Requirements for Cooperation posted on the Website;

terminate this Agreement unilaterally or temporarily suspend access to the Online Service without warning in the event that the Uklon Partner commits fraudulent and/or other actions that violate the Law and/or carry financial, reputational risks or other negative consequences for Uklon;

to insure the life and health of the Uklon Partner during the execution of the Order. Insurance is carried out by Uklon at its own expense, the Uklon Partner is not obliged to pay any insurance payments. The choice of insurance company and insurance conditions are determined at the discretion of Uklon, to which the Uklon Partner gives his consent. A Uklon partner has the right to withdraw his consent to insurance at any time by sending a corresponding message to the following Uklon email: support@uklon.eu

8. AMOUNT OF PAYMENT AND PROCEDURE OF CALCULATIONS

8.1 Uklon Partner pays Uklon a fee for providing access to the Online Service. The maximum amount of the fee is (hereinafter – the Maximum fee):

8.1.1. 20% of the cost of the Transportation Services specified in the Order for the city of Lviv;

8.1.2. 18% of the cost of the Transportation Services specified in the Order for the cities of Dnipro, Odesa and Chernihiv;

8.1.3. 17% of the cost of the Transportation Services specified in the Order for the cities of Vinnytsia, Kryvyi Rih, Zaporizhzhia and Ivano-Frankivsk;

8.1.4. 15% of the cost of the Transportation Services specified in the Order for the cities of Poltava, Uzhhorod, Kharkiv and Chernivtsi;

8.1.5. 14% of the cost of the Transportation Services specified in the Order for the cities of Bila Tserkva, Zhytomyr, Kremenchuk, Sumy, Khmelnytskyi and Cherkasy;

8.1.6. 13% of the cost of the Transportation Services specified in the Order for the city of Rivne;

8.1.7. 12% of the cost of the Transportation Services specified in the Order for the cities of Kamianets-Podilskyi, Kamianske, Lutsk, Ternopil and Mykolaiv;

8.1.8. 10% of the cost of the Transportation Services specified in the Order for the city of Kropyvnytskyi;

8.1.9. 5% of the cost of the Transportation Services specified in the Order for the city of Kherson.

8.2 Payment for access to the Online Service is made by the Uklon Partner through a non-cash payment to the Uklon bank account. 

8.3 The Maximum fee may be changed by Uklon temporarily or permanently depending on various factors at Uklon’s discretion by notifying Uklon Partner in the manner specified in clause 11.3 of this Agreement. Also, depending on certain circumstances (the ratio of supply and demand and/or other specifics of the Order), Uklon reserves the right to reduce the amount of fee that is actually applied to individual Orders. Uklon Partner is informed and consents to the fact that the reduction of the fee is carried out by Uklon without prior notification to Uklon Partner.

8.4 In case of late payment for access to the Online Service, the Uklon Partner is obliged to pay a penalty for late payment in the amount of 0.1% (zero one-tenth of one percent) of the unpaid amount for each day of delay. The Uklon Partner is obliged to compensate Uklon for all costs incurred by the latter, which are related to the collection of the Uklon Partner’s debt.

8.5 In the case of late payment for access to the Online Service, Uklon has the right to suspend the Uklon Partner’s access to the Online Service until the debt is settled.

8.6 The Uklon Partner pays Uklon a fee for the provision of maintenance and administration services for the Uklon Partner’s account (personal account) in the Online Service and account deletion (deactivation) services (hereinafter – Administration Services). From the moment the account is deleted, the Administration Services are deemed to have been properly provided by Uklon and accepted by the Uklon Partner.

8.7 The Parties have agreed that, in case of deletion of the account (personal account), the balance of the advance payment, which is reflected in the Internal Balance of the Uklon Partner as of the date of such deletion, is the cost of the Administration Services provided to the Uklon Partner as agreed by the Parties.

9. USER PAYMENTS

9.1 The Uklon Partner receives payment for Transportation Services directly from the User. Payment in cash is made by the User by transferring cash to the Uklon Partner.

9.2 Uklon partner can receive payments from Users from the bank cards of such Users using a payment system integrated with the Online Service (Payment by bank card), or using other payment methods not prohibited by law.

9.3 The Uklon Partner may not refuse the User’s payment for transportation Services through payment using a payment system integrated with the Online Service or refuse the User to use a payment system integrated with the Online Service. If the Uklon Partner refuses to accept payment using the payment system integrated with the Online Service without valid reasons, Uklon has the right to charge the Uklon Partner a fine of up to UAH 1,000 for each refusal and/or block the Uklon Partner’s right to use access to the Online service in case of repeated failure.

9.4 Uklon reserves the right to distribute promotional codes to Users at its sole discretion for promotional purposes. The Uklon Partner is obliged to accept the use of the promotional code only when the User applies the code in the Mobile Application to the trip using payment using a payment system integrated with the Online Service. Promo codes cannot be applied to trips paid for in cash. If the use of promotional codes is suspected to be illegal and/or improper, contrary to the terms of use of the promotional codes, the promotional code may be canceled and the outstanding amount will not be reimbursed to the Uklon Partner by Uklon .

9.5 Uklon is not obliged to pay the Partner the value of the Order specified for the User, if the Bank Card Payment did not take place because the User’s bank card or other payment was canceled or failed for other reasons. In such a case, Uklon can help the Uklon Partner to request the appropriate amount of the Order value from the User and help in communication with the User regarding debt repayment. In any case, notwithstanding the provisions of this clause, Uklon is not a party to the contract for the provision of transportation services concluded between the Uklon Partner and the User.

9.6 Before providing transportation Services, the Uklon Partner must ensure that the service is indeed provided to the appropriate User or the User has directly confirmed that this User allows other passengers to travel at the User’s expense. If the Uklon Partner made a mistake in the User’s identification, and the Bank Card Payment was debited from a person who was not provided or who did not confirm the provision of Transportation Services to other passengers, the Uklon Partner undertakes to return the unreasonably received funds to the User who did not receive the ordered Transportation Services. Uklon will assist the User and the Uklon Partner in their interaction regarding refunds.

10. PROVISION OF TRANSPORTATION SERVICES

10.1 By entering into this Agreement, the Uklon Partner confirms and guarantees that during the entire period of validity of the Agreement, he/she will comply with the requirements of the Legislation in force in the jurisdiction where the Uklon Partner provides Transportation Services. The Uklon Partner alone bears full responsibility for his/her violation of any requirements of the Legislation and undertakes to compensate Uklon for any and all costs and losses incurred in connection with the Uklon Partner’s violation of the requirements of the Legislation during the provision of Transportation Services.

10.2 The Uklon Partner undertakes to have all permits required by Law (including a valid driver’s license), licenses, motor vehicle insurance policies, liability insurance policies, vehicle registration documents, certification and other documentation required in the relevant jurisdiction. The Uklon partner supports the validity of all the above-mentioned documents during the entire period of use of the Online Service. Uklon has the right, without prior notice, to terminate the provision of access services to the Online Service to the Uklon Partner in the event of doubts regarding the Uklon Partner’s proper fulfillment of the requirements of this clause.

10.3 If there are relevant requirements of the Legislation, the Uklon Partner undertakes, during the provision of transportation Services, to provide service to Users and to provide information about its services to Users in the national language of the country in which the relevant services are provided. At the request of the User, his personal service can also be provided in another language acceptable to the Uklon Partner and the User. The Uklon Partner gives consent to Uklon to provide the competent authorities with all information and documents available to Uklon in order to properly verify the Uklon Partner’s compliance with the legislation on ensuring the functioning of the state language in the country in which the Uklon Partner provides Transportation Services.

10.4 During the provision of Transportation Services, Uklon Partner undertakes to:

fulfill all accepted Orders ;

execute the Order exclusively using motor vehicles that are in proper technical condition, taking into account the period of operation, mileage of the motor vehicle and seasonality;

carry out maintenance of the car;

comply with the rules of passenger transportation, which are defined by the legislation of the country in which Uklon Partner provides Transportation Services;

to issue and keep up-to-date all necessary permit documents, which are defined by the legislation of the country in which Uklon Partner provides Transportation Services;

not to transfer either the right or the ability to access the Online Service to third parties;

to pay the fee for obtaining access to the Online Service in a timely manner and in full;

to provide Uklon with the necessary information related to the fulfillment of the terms of this Agreement;

in case of refusal without good reason to fulfill the accepted Order, inform Uklon about it. Otherwise, the Agreement may be terminated by Uklon unilaterally;

comply with the Standard Requirements for Cooperation posted on the Website, as well as independently monitor their periodic updates;

during the execution of the Order, not to use mobile applications and navigators that are directly or indirectly controlled by Russian citizens and/or Russian companies, including, but not limited to: “Yandex Maps and Navigator”, “2GIS-accurate offline maps”, “GPS navigator CityGuide”, “Navitel Navigator”;

in case of receiving a notification in the Mobile Application about the need to return the shipment to the User (sender) during the execution of the Order for the delivery service, return such shipment to the User;

broadcast music in the salon only after obtaining the consent of all Users;

in case of discovery during the delivery service of objects, the transportation of which is prohibited by the current legislation, to refuse the transportation of such objects;

not to take photos and videos of Users without their consent and not to publish and distribute (not publish) photo and video materials depicting Users without their consent;

refrain from personal contacts with Users that are not directly related to the execution of the Order;

not to use the personal data of Users, which became known to Uklon Partner during the execution of the Order, for their own personal purposes or in the interests of third parties;

refrain from placing the following information on the outer surfaces and inner surfaces of the vehicle which is used for Services provision:

(i) advertising and information, the placement (distribution) of which is prohibited by the current legislation of Ukraine, including unfair advertising;

(ii) advertising and information that is posted (distributed) in violation of the current legislation of Ukraine;

(iii) advertising and information related to gambling, alcoholic beverages, tobacco products, other smoking products, THP and electronic cigarettes.

10.5 The Uklon Partner has the right at its own discretion to determine when to provide Transportation Services. The Uklon partner independently and without the consent of Uklon accepts, rejects or ignores the Orders placed by the Users at its own discretion. At the same time, the Uklon Partner undertakes to fulfill all accepted Orders.

10.6 The Uklon partner is obliged to maintain the vehicle used for transportation Services and all equipment and facilities necessary for the performance of transportation Services and access to the Online Service in good condition. The Uklon Partner is responsible for paying all costs incurred by him/her in providing the Transportation Services, fuel costs, cost of mobile tariff plans, customs duties, vehicle depreciation, insurance, applicable income taxes, corporate taxes or personal income taxes persons, etc.

10.7 If, during the provision of transportation Services, any of the Users negligently damages the vehicle or its equipment (among other things, spoils or pollutes the vehicle or causes stench in the vehicle), the Uklon Partner has the right to demand compensation from the User for any damages. At the same time, Uklon does not guarantee reimbursement of such damages by the User and does not bear any responsibility for direct or indirect damages/expenses related to the cleaning or maintenance of the vehicle caused by the actions of the Users.

10.8 The Uklon Partner undertakes to comply with all tax obligations arising for the Uklon Partner in accordance with the current Legislation in connection with the provision of Transportation Services, including (i) payment of personal income tax, military duty or any other applicable tax; (ii) a single social contribution to mandatory state social insurance or other similar payment for yourself and/or your employees as required by the Law and (iii) fulfillment of all obligations regarding registration and/or registration of the Uklon Partner and/ or employees of the Uklon Partner and/or tax registration for calculations and transfers to the relevant budget and/or to the relevant account, as required by the applicable Law of the jurisdiction in which the Uklon Partner provides Transportation Services.

10.9 If a tax authority requests Uklon to provide information regarding the activities of a Uklon Partner, Uklon has the right to provide the tax authority with any and all information in its possession regarding the activities of a Uklon Partner to the extent required by applicable law. The Uklon partner is obliged to comply with all applicable tax regulations that may apply in connection with the provision of Transportation Services. The Uklon Partner undertakes to indemnify Uklon against any and all taxes, contributions, government fees, charges, fines or other mandatory payments or obligations that Uklon incurs in connection with the Uklon Partner’s failure to fulfill its obligations arising from the applicable tax regulations (including the obligation to pay personal income tax, military duty and the single social contribution to the mandatory state social insurance or any other applicable mandatory payment).

11. TERM OF THE AGREEMENT AND PROCEDURE FOR TERMINATION

11.1 This Agreement is concluded for an indefinite period and may be terminated by either party unilaterally with prior notice to the other party 5 (five) days prior to the date of termination, unless otherwise specified in this Agreement.

11.2 In the event that within 1 (one) year from the moment of making the last payment for access to the Online Service, the Uklon Partner has not made any further payment, this Agreement shall be deemed terminated. This provision does not deprive the Uklon Partner of the right to contact Uklon for the purpose of concluding a new Agreement in the future.

11.3 Uklon has the right to unilaterally change or update the terms of this Agreement at any time. All changes in this Agreement, the new version of the Agreement shall enter into force from the moment of their publication on the Website. In this regard, the Uklon Partner is advised to periodically review the current version of the Agreement, in particular, on the Website.

11.4. Uklon notifies about changes to the Agreement by sending a corresponding message to the Uklon Partner by means of communication specified by the Uklon Partner during registration and by publishing the changes or an updated version of the Agreement on the Website. The moment of getting to know the Uklon Partner with published information is considered the moment from which the information became available to the Uklon Partner in accordance with the terms of this Agreement.

11.5 Any changes to the Agreement from the moment it enters into force apply to all persons who joined the Agreement, including those who joined the Agreement before the date of entry into force of the changes to the Agreement.

11.6 Amendments to the Agreement, published by Uklon in accordance with the procedure provided for in this Agreement, enter into force from the moment of publication of the changes to the Agreement or the publication of the updated version of the Agreement.

11.7. Detailed information on the deletion of a unique account (personal account) by the Uklon Partner is indicated on a separate page of the Website, which is freely accessible https://uklon.com.ua/delete-account/

12. RESPONSIBILITY OF THE PARTIES

12.1 The Parties shall be liable for non-fulfillment or improper fulfillment of obligations, provisions or conditions of this Agreement in accordance with the Legislation, unless otherwise provided for in this Agreement.

12.2 If the Uklon Partner has violated its obligations to make any payments under the Agreement, Uklon has the right to demand from the Uklon Partner, and the latter undertakes within 10 (ten) calendar days from the date of receipt of the corresponding payment notice from Uklon, to pay on the benefit of Uklon is a penalty in the amount of double the accounting rate of the National Bank of Ukraine on the overdue amount for each day of overdue .

12.3 If the Uklon Partner violates its obligations to make payments under the Agreement, Uklon has the right to terminate the Uklon Partner’s access to the Online Service without warning.

12.4 Termination of access to the Online Service due to the reasons specified in Clause 12.3 of the Agreement does not release the Uklon Partner from the fulfillment of obligations incurred before such termination of access to the Online Service, as well as payment of penalties in favor of Uklon.

12.5 In case of termination of access to the Online Service in accordance with clauses 12.3, 12.4 of this Agreement, in order to renew the provision of such access, the Uklon Partner must pay the cost of access to the Online Service and a penalty in favor of Uklon in full. If the Uklon Partner does not wish to renew access to the Online Service within 5 (five) calendar days from the date of termination of such access, Uklon has the right to terminate this Agreement unilaterally.

 12.6 If the Uklon Partner cancels accepted Orders, Uklon may apply the following measures of influence: the first cancellation – a warning, the second cancellation – a fine of UAH 30.00, the third cancellation or more – a fine of UAH 60. for each case of cancellation.

12.7 If the Uklon Partner makes unjustified and/or false presses of the “SOS” button, Uklon may apply the following measures of influence: the first call – a warning, the second call – a fine of UAH 30.00, the third call or more – a fine of 60 UAH 0.00 for each case.

12.8 If the Uklon Partner increases the cost of transportation of the item specified in the Order, Uklon has the right to charge the Uklon Partner a fine in the amount that exceeds the cost of transportation of the item specified in the Order.

12.9 In case of damage caused to Uklon, as a result of a violation by the Uklon Partner and/or the persons engaged by him of the Standard Requirements for Cooperation posted on the Website, the Uklon Partner shall pay a fine of up to UAH 100,000.00 at the request of Uklon. The specific amount of the fine is determined at the discretion of Uklon.

13. FORCE MAJEURE

13.1 None of the parties shall be liable for failure to perform or improper performance of its duties, if such failure or improper performance is caused by force majeure.

13.2 Force majeure includes, but is not limited to: (1) fire, flood, earthquake, explosion, storm, landslide, epidemic and other natural phenomena and natural disasters; (2) as well as military actions, strikes, disruptions in the operation of payment systems and telecommunication networks, the adoption of a decision by a state authority or local self-government body or the adoption of Legislation that made it impossible to properly implement this Agreement, etc.

14. PERSONAL DATA

14.1 All issues related to the collection, use, protection and otherwise processing of the personal data of the Uklon Partner are regulated by a separate Regulation on the processing and protection of personal data posted on the Website and in the Mobile Application. Uklon, as the owner of personal data, may entrust the processing of personal data to the manager of personal data in accordance with the contract concluded in writing.

15. OTHER PROVISIONS

15.1 This Agreement is freely available on the Website. The Agreement enters into force for Uklon from the moment of its publication on the Website, for the Uklon Partner – from the moment of its Acceptance.

15.2 The contract can be concluded with any natural person who has reached the age of majority and has full legal capacity. The contract can be concluded with any legal entity created in accordance with the legislation of Ukraine, any other state or international norms.

15.3 The place of conclusion of this Agreement is the location of Uklon. The interpretation, validity and performance of this Agreement, as well as all non-contractual obligations arising from or in connection with this Agreement, shall be governed by the laws of the Republic of Cyprus.

15.4 Any disputes and disagreements arising out of or in connection with this Agreement or its conclusion, performance or termination shall be resolved through negotiations between the parties. If the parties are unable to resolve the dispute through negotiation within 30 (thirty) calendar days after one of the parties has notified the other party in writing of the occurrence of such dispute or disagreement, then such dispute may be referred to a competent court in accordance with the jurisdiction provided by the laws of the Republic of Cyprus .

15.5 This Agreement does not establish any other legal relationship (including employment or agency relationship) between Uklon and the Uklon Partner and/or with any third parties other than those established by this Agreement.

15.6 If any provision or condition of this Agreement is held to be invalid or not statute-barred, all other terms and conditions shall remain valid and statute-barred. All such invalid or non-time-barred provisions shall be amended to be valid, time-barred and reflect the intent of the parties.

15.7 The database formed as a result of the provision of Uklon services is the exclusive property of Uklon, and the Uklon Partner does not have any rights or authority over it, including regarding the registration of the database in accordance with the Legislation.

15.8 This Agreement is drawn up in Ukrainian, but is available for review in Russian and English. In case of discrepancy between the original version of the Agreement in the Ukrainian language and the version of the Agreement in another language, the provisions of the original version of the Agreement in the Ukrainian language shall apply in this case.

16. DETAILS:

UKLON LTD [UKLON LTD]

Registration number HE 357185

Address: str. 12 Dimostheni Severi, Office 601, 1080, Nicosia, Cyprus

e-mail: support@uklon.eu

Published on September 19, 2024

This Uklon User Agreement for the provision of access to the online service (software products) defines the terms and conditions under which UKLON LTD provides you with access to the Uklon technological platform (Online Service). Through this platform, you can order services within the City of Mukachevo and its surrounding areas, Ukraine. This Uklon User Agreement sets forth the terms of use under which you, as the User, may use the Uklon technological platform (Online Service) and order the Services. By using the Uklon technological platform (Online Service), you confirm that you accept the terms of this Agreement on the provision of access to the Uklon Online Service, which relate, inter alia, to all services provided to you through the Uklon technological platform (Online Service), and that you undertake to comply with them. Please read this Agreement carefully before you start using the Uklon technology platform (Online Service) and/or place an Order for the Services using it. If you do not agree to this Agreement, do not use the Uklon technology platform (Online Service). This Uklon User Agreement governs the relationship between you and Uklon regarding the use of the Online Service in the City of Mukachevo, Ukraine. Uklon reserves the right to expand or reduce the territory covered by this User Agreement or to terminate access to the Online Service in certain areas at its sole discretion.

UKLON USER AGREEMENT or UKLON PLATFORM ACCESS AGREEMENT

1. GENERAL PROVISIONS

1.1. The Uklon User Agreement (hereinafter referred to as the Agreement) is an agreement between the User and Uklon regarding the provision of access to the Online Service (supply of software products) within the City of Mukachevo and its surrounding areas, Ukraine and supersedes all previous agreements between the User and Uklon.

1.2. When using access to the Online Service, the User, regardless of their legal status and civil capacity, shall be subject to the rules and restrictions set forth in this Agreement.

1.3. The Agreement, including all amendments and addenda, shall be posted for public information on the Website and in the Mobile Application.

1.4. The User confirms that he/she is fully familiarized with and agrees to the terms and conditions of the Agreement. In case the User disagrees with any of the provisions of this Agreement, the User may not use access to the Online Service.

1.5. The User understands that access to the Online Service is provided by downloading a computer program (Mobile Application) and using it, as well as by entering the relevant data and using the software functions of the Website.

1.6. The User agrees to comply with the terms and conditions of this Agreement when registering the User on the Website and/or in the Mobile Application and/or placing an Order on the Website without registering the User.

1.7. Uklon may amend or otherwise modify this Agreement without prior notice to the User. The User hereby agrees to amend the Agreement without obtaining any special confirmation from the User.

1.8. In this Agreement, the following terms shall have the following meanings:

Uklon — UKLON LTD, a company organized under the laws of the Republic of Cyprus with registration number HE 357185, located at the address: 12 Dimostheni Severi, Office 601, 1080, Nicosia, Cyprus, and which provides access to the online service (software supply) in the manner specified in this Agreement;

User means any legally capable individual who is at least 18 (eighteen) years old at the time of registration on the Website and/or in the Mobile Application and/or placing an Order on the Website without such registration, or a legal entity that has accepted the terms of this Agreement and gained access to the Online Service;

Online service “Uklon” (Online Service or Technology Platform) — a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc.), which is intended for automated monitoring, collection, processing, distribution, storage, presentation of data on the Orders placed by Users and on the offers of Services placed by Uklon Partners, automatic calculation of the fee for the Services within the framework of the Order and additional Order Parameters, taking into account the ratio of supply and demand, weather conditions, route and its workload, etc., and automatically builds routes and provides data exchange for communication between the User and the Uklon Partner, and provides the User with the opportunity to search and familiarize themselves with the offers of Uklon Partners, automatically generated in accordance with the Customer’s criteria for the possible execution of the Order, and also at their own discretion to accept or reject the relevant offers of Uklon Partners, change the recommended fee for the Services, provide feedback to the Online Service and Uklon Partners and interact with them, use the routes built by the application in real time, as provided for by the available functionality of the Online Service. The Online Service is the result of computer programming related to software products.

Uklon Partner — a third party (individual or legal entity) that provides and/or offers the User the provision of passenger transportation services by road, services for managing the User’s vehicle (“driver” service), courier delivery services, and other services, and which is in a contractual relationship with Uklon on the basis of the Agreement of Adhesion (public offer) for the provision of access to the online service (supply of software products), which is public and is concluded by accepting the Accession agreement (public offer) for the provision of access to the online service (supply of software products) posted on the website www.uklon.com.ua.

Order — the User’s order for the provision of the Service, structured according to the required details and Order Parameters.

Services — services for the transportation of passengers by road, services for the management of the User’s vehicle (“driver” service), courier delivery services provided to Users by Uklon Partners, and other services. Nothing in this Agreement is intended or implies that Uklon provides or may provide Services.

Order Parameters — additional circumstances arising during the execution and fulfillment of the Order that have or may have an impact on the final cost of the Order, including, but not limited to, the following factors:

Advance order — an Order created by the User for a certain time in the future. 

Website means a web page on the Internet at: www.uklon.com.ua. The Website is the result of computer programming related to software products.

Mobile Application means a copy of a computer program in the form of a mobile application for iOS and Android mobile devices titled “Uklon,” provided to the User for temporary use (during the term of this Agreement) for the functional purpose of the end user as a tool to access the Online Service.

Personal data means information or a set of information about an individual who is identified or can be specifically identified.

2. USER REGISTRATION

2.1. To gain access to the Online Service, the User shall register on the Website or in the Mobile Application by creating a unique User account that facilitates access to the Online Service.

2.2. During the registration, the User shall provide reliable information about themselves by filling in the registration form.

2.3. If the User provides inaccurate information when registering or subsequently using access to the Online Service, Uklon shall have the right to suspend or cancel the personal account (registration) of the User without prior notice or consent of the User.

2.4. Uklon reserves the right to immediately block the User’s actions, as well as to suspend or cancel the User’s account without prior notice or obtaining any consent from the User in accordance with the provisions of Section 7 of this Agreement.

2.5. Uklon has the right to delete the User’s account in case of non-use by the User within 12 (twelve) calendar months.

2.6. When registering through the Website and/or Mobile Application, the User shall enter a unique password. The User shall be solely responsible for the security of the password entered by the User and the protection of their personal account.

2.7. In the event that a third party gains access to the User’s account, the User shall immediately notify Uklon to take appropriate measures, provided that the User can confirm the legitimacy of the account belonging to a particular such User.

2.8. The User shall ensure the safety of their passwords and other confidential information. Uklon is not responsible for the consequences of the loss of confidential information about the User’s personal data (login and password). This provision applies both to the voluntary transfer of personal confidential information by the User to any third parties and to the loss of confidential information about personal data by the User against their will.

3. USING ACCESS TO THE ONLINE SERVICE WITHOUT USER REGISTRATION

3.1. The User may use access to the Online Service without User registration only when placing an Order through the Website. In this case, the User must enter their name and phone number in the Order form.

3.2. Regardless of the fact of registration, the User undertakes to comply with the terms of this Agreement when using access to the Online Service.

3.3. If the User’s actions may lead to a violation of any norms and rules of applicable law, human rights, as well as the possibility of claims against Uklon or holding Uklon liable for the actions of such User, Uklon has the right to immediately block the User’s actions without prior notice or obtaining any consent from the User.

4. PERSONAL DATA

4.1. All issues related to the collection, use, protection, and other processing of the User’s personal data are governed by a separate Regulation on the processing and protection of personal data, which is posted on the Website and in the Mobile Application. Uklon, as the controller of personal data, may engage a processor to process the personal data on its behalf in accordance with a written agreement.

4.2. Acceptance of the terms of the Regulation on the processing and protection of personal data is necessary for acceptance of the provisions of this User Agreement.

5. ACCESS TO THE ONLINE SERVICE

5.1. Access to the Online Service is provided to the User solely for the purpose of organizing and planning the receipt of the Services under this Agreement by the User by placing the relevant Orders.

5.2. On a contractual basis, Uklon provides Uklon Partners with access to the “Uklon Driver” online service for the purpose of processing and fulfilling Orders. Upon acceptance of the Order, Uklon’s Partners shall provide the Services to the Users in accordance with the Order Parameters. Uklon is not responsible and does not assume any liability to the Users in respect of the Services provided to the Users by Uklon Partners and does not provide any guarantees to the Users regarding the quality of such Services.

5.3. The Services are provided by Uklon Partners on the basis of separate agreements between specific Users and Partners, to which Uklon is not a party in any case.

5.4. Uklon is not responsible for the timing, content, relevance and quality of information provided by Uklon Partners about the Services, the availability of these Services at the moment, and Uklon is not responsible to Users for possible negative consequences, losses caused to the User as a result of failure to provide or improper provision of the Services by Uklon Partners.

5.5. In case of ordering courier delivery services, the User undertakes not to order the delivery of items whose transportation and delivery are prohibited by the current legislation of Ukraine. The User agrees that in case of violation of this clause, they shall be responsible for all possible risks and/or consequences that may arise in connection with the transportation and delivery of such items. At the same time, Uklon Partners have the right to refuse to provide the User with the courier delivery service in case of detection of items whose transportation and delivery are prohibited by the current legislation of Ukraine.

5.6. The Website, Mobile Application, Online Service are not intended for posting confidential information, information with restricted access, information of third parties, for the posting of which Uklon has not received proper permissions and authorities.

5.7. Uklon reserves the right to suspend the provision of access to the Online Service or any part thereof at any time for any reason or in the absence thereof without prior notice to the User.

5.8. Uklon has the right to insure the life and health of Users during transportation, as well as to insure the shipment during its delivery by Uklon Partners. Uklon shall obtain and maintain such insurance at its own cost and expense, and the User shall not be responsible for paying any insurance premiums. The User agrees that Uklon may choose the insurance company and the insurance terms and conditions at its sole discretion. The User may withdraw its consent to the insurance at any time by sending a notice to Uklon’s e-mail address at support@uklon.eu

6. PECULIARITIES OF PROCESSING ORDERS, PROVIDING AND RECEIVING CERTAIN SERVICES WHEN USING THE ONLINE SERVICE

6.1. When concluding transportation agreements between the User and the Uklon Partner, the User places an Order using the Online Service, taking into account that the final cost of the Order may depend on the type of selected Services and individual Order Parameters, which may be applied during the creation of the Order, the execution of the Order by the Uklon Partner and after the completion of the Order. 

6.2. During the execution of the Order for transportation services, the Uklon Partner has the right to charge a fee for each minute of further waiting for the User, if such waiting exceeds 3 minutes, and if such waiting exceeds 7 minutes in total, the Uklon Partner also has the right to refuse to further provide the transportation service under such Order.

6.3. If the User has placed an Order for transportation services, but the User has refused the Order or cancelled the Order after the Uklon Partner has arrived at the place of call, the Uklon Partner has the right to cancel the Order after 7 minutes of waiting and additionally demand reimbursement of the costs incurred in connection with the acceptance of the Order for Services that were not provided due to the User’s actions or inaction, and in case of cancellation of the Advance Order by the User after its confirmation — in the form of reimbursement of the relevant costs incurred by the Uklon Partner. In addition, the Uklon Partner has the right to charge a fee for the Order cancelled by the User if the cancellation of the Order confirmed by the Uklon Partner took place after 3 minutes after its acceptance by the Partner or after the Uklon Partner has traveled more than 1 kilometer in the direction of the User’s boarding point.

6.4. In the event that during the execution of the Service Order, the User caused damage or deterioration to the interior of the car on which the Uklon Partner provided the Transportation Services or Ride-Sharing Services, the Uklon Partner has the right to demand compensation from the User(s) for damage to the property caused by the User’s actions.

6.5. The Uklon Partner may refuse to fulfill the accepted Order from the User if:

6.5.1. The User entered an incorrect (wrong) address;

6.5.2. The User behaves aggressively and/or inappropriately;

6.5.3. The User wears heavily soiled clothing;

6.5.4. The User tries to transport dangerous cargo that may cause damage to the vehicle of the Uklon Partner, or cargo whose dimensions do not meet the technical characteristics of the vehicle of the Uklon Partner, provided that the User has not indicated any special needs for cargo transportation when placing the Order;

6.5.5. The User tries to transport an animal without specifying information about the transportation of the animal in the Order Parameters;

6.5.6. The number of passengers trying to use the vehicle to receive the transportation service exceeds the established technical and safety characteristics of the Uklon Partner’s vehicle.

6.5.7. The User does not appear to receive the transportation service within more than 7 minutes from the moment the Uklon Partner arrives at the place specified in the Order.

6.6. None of the provisions of this Agreement shall constitute a guarantee of the fulfillment of Orders by Uklon Partners, who independently and at their sole discretion accept or not accept the Order for fulfillment. In any case, Uklon is not a party to the contractual relations arising between the User and the Uklon Partner and is not a guarantor of the fulfillment of Orders and/or provision of the relevant Services by the Uklon Partner.

7. RESTRICTION OF THE USE OF ACCESS TO THE ONLINE SERVICE

7.1. When using access to the Online Service, the User may post information and objects of intellectual property rights, including, but not limited to ratings, reviews, comments regarding the Online Service and/or Uklon Partners. In this case, in the event of posting information and/or intellectual property rights, the User guarantees that he/she legally owns such information and/or intellectual property rights or property rights thereto and/or has obtained all necessary permits for posting such information and/or intellectual property rights from third parties. In the event of any claims by Uklon, the User shall settle such claims independently and at their own expense or reimburse Uklon for losses incurred by the latter in connection with the unlawful placement of information and/or intellectual property rights objects by the User on the Website and/or in the Mobile Application.

7.2. Uklon reserves the right to refuse to post, as well as to delete/block information and/or intellectual property rights objects posted by the User at any time at its sole discretion for any reason without notifying the User and without their consent.

7.3. Uklon does not take any action and is not responsible for the reliability of the information, accuracy and legality of the information and/or intellectual property rights objects posted on the Website and in the Mobile Application. Uklon does not verify the information and intellectual property rights posted by Users and is not responsible for their accuracy and legality.

7.4. Uklon undertakes to notify the User of claims of third parties regarding the information and intellectual property rights posted by the User. The User undertakes to grant Uklon the right to publish the information and/or intellectual property posted by the User or to delete them.

7.5. The User undertakes not to use access to the Online Service to transmit, post, or disseminate in any way information whose content is illegal, threatening, defamatory, offensive, violates intellectual property rights, spreads hatred and/or discrimination against people on any grounds, contains insults and claims against other Users, Uklon or any third parties whose rights are established by the Constitution of Ukraine and other relevant legal acts. It is also prohibited to disseminate any information of an erotic, sexual, and/or pornographic nature through the Website and Mobile Application. If Uklon incurs any losses related to the User’s posting of illegal information, the User shall reimburse Uklon in full for such losses.

7.6. Information and intellectual property rights objects posted by the User shall not contain:

7.6.1. restriction of minority rights;

7.6.2. impersonating another person or representative of an organization and/or community without sufficient legal grounds, including employees and/or owners of Uklon, as well as misleading about the properties and characteristics of any entities or objects;

7.6.3. materials that the User is not entitled to make available or publish in accordance with the law or the contract;

7.6.4. materials that violate the rights to any patent, trademark, trade secret, copyright and/or related rights, or other intellectual property rights of a third party;

7.6.5. advertising, spam, “chain letters,” invitations to participate in financial services, or imposing a service in any other way;

7.6.6. materials containing computer codes intended to violate, destroy, or limit the functionality of any computer or telecommunication equipment or programs for unauthorized access or circumvention of technical means of protection of copyright and (or) related rights, as well as serial numbers for commercial software products, logins, passwords, and other means for obtaining unauthorized access to paid resources on the Internet.

7.7. When using access to the Online Service, Users shall not store, post, transmit, or otherwise distribute any information and/or intellectual property rights if such actions may lead to a violation of the rights of third parties, including the right to protect personal data.

7.8. In case the User discovers information and/or intellectual property rights, the use of which is restricted or the rights to which belong to third parties, the User shall contact Uklon and report the violation, indicating the Internet address of the information and/or intellectual property rights that, in the User’s opinion, violate the rights of third parties, and report the nature of such offense.

7.9. When using access to the Online Service, Users are prohibited from performing any actions that violate or may result in violation of the current legislation of Ukraine or the legislation of another state in which the User is located, as well as the relevant norms of international law.

7.10. Any materials received by the User using access to the Online Service shall be used by the User at their own risk. The User is solely responsible for any damage or loss that may be caused to the computer and/or data as a result of downloading and using these materials.

7.11. Subject to clause 2.4, Uklon may block the User’s actions, as well as suspend or cancel the User’s account if the latter uses the account for purposes contrary to the provisions of this Agreement, including, but not limited to, situations where the User:

7.11.1. Uses personal data of other persons without an appropriate legal basis (for example, without the consent or permission of such person).

7.11.2. Conducts illegal financial transactions.

7.11.3. Has debts based on the results of payments for previous orders.

7.11.4. Carries out actions that lead to deterioration of the Online Service or disrupt the work of Uklon Partners.

7.11.5. Abuses Uklon’s trust by trying to change the terms of the Order for personal gain.

7.11.6. Does not comply with the rules of promotions, terms of discounts, and participation in programs initiated by Uklon.

7.11.7. Falsifies data on the volume of the received Service.

7.11.8. Uses bots or automated mechanisms to use the Online Service.

7.11.9. Shows disrespect to Uklon Partners, other Users, employees, or representatives of Uklon.

7.11.10 Takes photos and videos of the Uklon Partners without their consent, publishes, and distributes photos and videos depicting the Uklon Partners without their consent;

7.11.11. Takes any other actions that carry financial and reputational risks or negative consequences for Uklon.

7.11.12. The above cases, taking into account clause 7.9., as well as the potential for claims against Uklon or liability for Uklon due to the User’s actions, shall be the basis for taking such measures by Uklon.

7.12. The User may contact the Support Service and submit a request for withdrawal, suspension, or cancellation of the account, thereby restoring access to the Online Service. After that, Uklon may initiate an investigation and make a decision on such a request. In case of refusal to fulfill the request, Uklon is not obliged to provide justification for its decision.

7.13. If the User repeatedly cancels Order requests within 24 hours, their account may be temporarily automatically blocked as a warning. After several such warnings, your account may be blocked for a longer period of time. In the event of such automatic blocking, the account cannot be restored by Uklon until the end of the set blocking period.

8. PAYMENT FOR SERVICES AND PROMOTIONAL CODES

8.1. Payment for the Services of Uklon Partners shall be made by the User in accordance with the tariffs posted in the Mobile Application and on the Website. During periods of increased demand/supply for the Services (depending on road, weather conditions, time of day, etc.), a dynamic coefficient may be applied to the cost of the Order and its parameters, i.e., the User is offered the recommended fee for the Services (the recommended fee for the services means the estimated cost of services calculated using automatic algorithms at a certain point in time, which reflects the real ratio of supply and demand for the implementation of the order within an adequate period of time and is not a recommendation). The dynamic coefficient is automatically calculated and edited in real time. The User has the right to agree to the recommended fee by confirming the Order or to refuse such a recommended fee for the Services by independently reducing the fee for the Services before confirming the Order, or by cancelling the Order. Nothing in this clause of this Agreement shall be construed as an obligation of the User to accept the recommended fee for the Service against their own will or as a restriction of the User’s right to place the next Order after refusing to confirm the preceding Order.  If the route is changed, the passenger is waiting for a long time, or in other cases specified in Section 6 of these Terms, the fee for the Services specified in the Order shall be recalculated taking into account the application of a dynamic coefficient. When changing the route of an Order that has already been accepted by the Uklon Partner, the fee for the Services cannot be recalculated downward. The User agrees that in case of payment for the Service by bank card, the respective difference in cost will be debited from their bank card by the respective payment system. If, as a result of using the Online Service and making previous Orders that led to situations in which the User had to pay the Uklon Partner the full cost of the Order, taking into account the additional parameters of the Order (such as charging the User for the cost of arrival of the Uklon Partner at the place of execution of the Order and waiting for the User by the Uklon Partner, compensation for damage caused by the User to the vehicle of the Uklon Partner, charging the cost of additional waiting by the Uklon Partner), the User has a debt to Uklon Partners, which is reflected in their account, further use of the Online Service is possible only after the settlement of the User’s previous Orders is completed.

8.2. The User shall pay for the Services on the basis of the relevant agreement concluded between the User and the Uklon Partner. The User pays in cash by handing over the money directly to the Uklon Partner who provided the Service. In some cases, in particular, when the User makes payment for the Services through the Mobile Application, Uklon acts as a commercial agent for Uklon Partners, being authorized by Uklon Partners to accept payment for the Transportation Services from the User and transfer it to the Uklon Partner. In this case, your obligation to the Uklon Partner that provides you with the Services will be fulfilled at the moment of submitting a payment order for the transfer of funds to the Uklon bank account.

8.3. The User can pay for the Services, taking into account the parameters of the Order, using a bank card through the Mobile Application, or on the Website. At the same time, the User shall automatically go to the website of the corresponding payment system and enter their personal data and bank card data directly on the website of this payment system. Uklon does not store or transmit the data of Users’ bank cards.

8.4. Payment for the Services may be made by the User through the Mobile Application using Google Pay, Apple Pay, provided that the relevant mobile applications are downloaded to their mobile device.

8.5. The User, in addition to paying for the Services to Uklon Partners, has the opportunity to leave Uklon Partners tips (funds above the fee for the Services) upon completion of the Services if the User has rated the Partner’s Order from 4 to 5 stars.

8.6. During promotional events and promotions aimed at increasing the interest of Users in the Online Service and in order to attract new Users, Uklon may provide Users with promotional codes that Users can use when placing Orders; to use the promotional code, the User must enter it in the “Add Promotional Code” field in the Mobile Application and/or on the Website.

8.7. The User agrees that promotional codes may not be copied, sold, transferred, or made public; promotional codes may be invalidated or cancelled by Uklon at any time and for any reason; promotional codes may be used only in accordance with certain conditions set for such promotional codes; promotional codes are not subject to exchange or refund, in case of loss, the promotional code is not restored; replacement of the promotional code with money or any other benefit is not allowed; only one promotional code can be used per trip.

9. RIGHTS AND GUARANTEES OF UKLON

9.1. Uklon guarantees that the intellectual property rights to the Online Service, including, but not limited to: Technology Platform, Website, Mobile Application, any of their components, including program code, other electronic data in the form of numbers, letters, symbols, images and their combinations, design elements, text, graphics, illustrations, video information, and other intellectual property rights, belong to Uklon.

9.2. Uklon grants the User a non-exclusive license to use the Online Service (Technology Platform) and the intellectual property rights objects included therein, namely their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each device, public performance, and public display.

9.3. The conclusion of this Agreement does not violate the intellectual property rights of any third party. In the event of any claims or lawsuits of third parties regarding the use of access to the Online Service by the User, Uklon undertakes to settle such claims or lawsuits independently and at its own expense.

10. LIMITATION OF LIABILITY UKLON

10.1. Uklon shall not be liable for any harm to life and health, any direct and/or indirect losses, material and/or non-material damage, liabilities or losses incurred as a result of: use or non-use of access to the Online Service by the User; posting data, including personal data, on the Website and/or in the Mobile Application; the User’s inability to access the Online Service or use of such access; failure to provide or improper provision of Services to Users by Uklon Partners; any actions or inactions of Uklon Partners; the presence or absence of any powers, permissions, licenses, approvals of Uklon Partners; the presence or absence of special legal status of Uklon Partners, etc.; unauthorized distribution, modification, or deletion of User information as a result of using access to the Online Service.

10.2. The Online Service, the Website, the Mobile Application are provided for use by the Users on an “as is” basis. Uklon shall not be liable to the User for the Online Service, the Website, the Mobile Application meeting the User’s expectations, and/or access to the Online Service being provided uninterruptedly, reliably, without errors. Uklon is not responsible for making changes, temporary or complete termination of the Online Service, the Website, the Mobile Application or any part thereof and/or access to the Online Service. The functioning of the Online Service and access to it may be disrupted by force majeure and other factors, the prevention or overcoming of which is beyond the capabilities of Uklon.

10.3. Uklon is not responsible for the performance and ensuring the safety and security of the information transmitted during the User’s payments, including the actions of the bank and International Payment Systems, or other participants in the technical process of making payments. All relations in terms of settlements shall be governed by the terms and conditions of International Payment Systems binding on the User and the User’s agreements with the bank that issued the User’s bank card.

10.4. Uklon is always ready to take into account the wishes and suggestions of any User of the Online Service, Website, Mobile Application regarding their work.

11. FINAL PROVISIONS

11.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus. Any issues not regulated by this Agreement shall be resolved in accordance with the laws of the Republic of Cyprus.

11.2. All potential disputes arising or to arise out of the relations governed hereby shall be resolved in accordance with the procedure established by the current legislation at the location of Uklon. Throughout this Agreement, unless otherwise expressly stated, the term “legislation” shall mean the legislation of the Republic of Cyprus.

11.4. Nothing in this Agreement may be construed as an establishment between the User and Uklon of agency, commission, partnership, joint venture, employment, or any other relations not expressly provided for in this Agreement.

11.5. If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.

11.6. The User acknowledges and agrees that Uklon has the right to make changes and additions to this User Agreement from time to time without prior or subsequent notice to the User of such changes. The use of the Online Service by the User means acceptance of the amended terms of this User Agreement, however, the User may familiarize themselves with the current version of the Agreement at any time.

11.7. Inaction on the part of Uklon in case of violation by any User of the provisions of the Agreements shall not deprive Uklon of the right to take appropriate actions to protect its interests later, and shall not constitute a waiver of Uklon’s rights in the event of further similar or related violations.

11.8. This Agreement is made in English and shall be legally binding. 

DETAILS OF UKLON:

UKLON LTD

Registration number: HE 357185

Address: 12 Dimostheni Severi, office 601, 1080, Nicosia, Cyprus

e-mail: support@uklon.eu

Published on 27/08/2024.

Please read these terms and conditions carefully before using our Service.

INTERPRETATION AND DEFINITIONS

Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions; For the purposes of these General Terms:

Application, Mobile App. means the software program, an application for mobile devices “Uklon” and “Uklon Driver”, provided by the Company downloaded by You on any electronic device, which can be found on the following platforms:

Application Store means the digital distribution service operated and developed by Apple Inc. (App Store) or Google Inc. (Google Play) in which the Application has been downloaded.

Country refers to the Republic of Cyprus

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Terms) refers to Uklon Ltd., a legal entity established under the laws of Republic of Cyprus, company number: HE 357185, with its duly registered address at: 12 Dimostheni Severi, 6th floor, flat/office 601, 1080 Nicosia, Cyprus.

Device means any device that can access the Service such as a computer, a smartphone etc.t.

Intellectual Property refers to all rights, titles, and interests in and to any of the Company’s applications, websites, and any other materials or content provided through the Service. The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors (if any). The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Service means any operation, other than supply of goods, which is related to the provision of Service through Application or the Website or both, used in the performance of a particular action or certain activities to meet individual needs of the user.

General Terms (also referred as “Terms”) outline the guidelines for using the Service provided by the Company. These Terms are intended to inform you about the Company’s services and how to access them. They do not form a legally binding agreement between you and the Company..

Third-Party Providers is a third party (individual or legal entity) that provides and/or offers the user (passenger) the provision of services for the transportation of passengers by road transport, services for managing the user’s vehicle (“driver” service), courier delivery services, and which is in contractual relations with Us on the basis of the contract on providing access to the online service (access to the software), which is public, and is concluded by acceptance by such a third party of the Public Offer/ to provide access to the online service (supply of software products) posted on the website www.uklon.com.ua.

Website refers to uklon.com.ua

You (User and Partner) mean any individual, with full legal capacity who is at least 18 (eighteen) years old (or older if the local laws in User’s applicable jurisdiction so require) at the moment of registration, accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

PREAMBLE

Uklon Ltd. (the “Company”) is a product-oriented IT company operating in the ride-hailing business. Its main product is an online platform (software) that facilitates connections between Users seeking transportation and Third-Party Providers providing these services. The Company itself does not directly provide passenger transportation services.

The Company offers access to its online platform through the Uklon Application or the Website, enabling users to request transport services from independent Third-Party Providers. These transport services are provided by Third Parties under a contract between you (the User) and the partner, who acts as an economic and professional service provider.

Third-Party Providers deliver transportation services independently, whether individually or via a company, and the Company is not responsible for fulfilling the contracts made between passengers and drivers. Any disputes arising from consumer rights, legal obligations, or laws applicable to transportation services will be resolved directly between passengers and drivers.

ACKNOWLEDGMENT

You acknowledge that by using our Service, you are bound by these simplified and generous Terms which aim to facilitate a seamless experience. These Terms ensure transparency in our operations, helping you to use our Service confidently and conveniently.

USING OUR SERVICE

By using our Service, you accept that these Terms provide general guidelines and are not legally binding agreements, except for specific transactions where detailed terms are agreed upon. This approach ensures flexibility and ease of use, catering to your needs with fairness and understanding.

LINKS TO OTHER WEBSITES

Our Service may from time to time contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

THIRD-PARTY SERVICES

We may act as intermediation technological platform between You and the Third-Party Providers which propose their services to you via Application or Website. You acknowledge that We are not the providers of such services. Third-Party Providers are independent third-party contractors, registered businesses or other legal entities who are not employed by Us.

TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately.

LIABILITY LIMITATION

The Company and the other representatives, authorized by the Us are not liable for any damage to life and health, any direct and/or indirect losses, material and/or non-material damage, liabilities or losses incurred as a result of the using or non-using of information posted on the Website and Applications as well as using of the Services of the Company and which may be caused by incomplete or untimely providing of information Services by the Website and Applications; lack of opportunities to access Services or use them; failure to provide or improper provision of Services to You by any third parties; any actions or omissions of third parties; availability or lack of third parties’ authorities, permits, licenses, approvals, the presence or absence third parties’ special legal status etc.; unauthorized distribution, modification or destruction of users information as a result of any use of the Website and Applications.

The Company does not guarantee regular or unconditional access to the Services provided on the Website and Applications. Force majeure and other factors, prevention or elimination of which is beyond the capacity of the Company may disturb the functioning of the Website and Applications. The Company is always willing to take into consideration Your suggestions and proposals to the Website and Applications concerning its operation.

PRICES POLICY. PAYMENT AND PROMOTIONS

You will be charged according to the current rates as shown in our Mobile Application and on the Website and according to the legal binding agreements that you will accept while using our Service. We use a dynamic pricing model that adjusts in real-time based on supply and demand to offer fair pricing.

The Company reserves the right to revise rates, prices or entire dynamic pricing model on its sole discretion. Any changes will be communicated to you through the Application or Website, providing you with sufficient notice to adjust your usage accordingly.

In general, payments are made either directly to the Partner or through the Mobile Application, in markets where this option is available, using various methods including cash, credit card, Google Pay, and Apple Pay.

The Company may accept payments on your behalf and handle the corresponding payouts as outlined in the binding agreements that you will legally accept. Payments through the Company are only possible after you sign a separate agreement with the Company. This process is designed to streamline transactions while ensuring transparency and efficiency.

Payment cards are subject to validation checks and authorization by your card issuer. Note that all payment processing is handled by licensed financial institutions, ensuring that your card details are secure and protected under the prevailing financial regulations.

We regularly offer promotional codes and other incentives that provide discounts on our Services. These promotions are designed to make our Services more accessible and rewarding for all Users and Partners. Specific terms and conditions apply to each promotion, which are detailed separately to ensure clarity and fairness in their application.

INTELLECTUAL PROPERTY

The Service, including all its original content, features, and functionality, are and will remain the exclusive property of the Company and its licensors (if any). The intellectual property rights of all materials associated with the Service are protected under the copyright, trademark, and other applicable laws of the Country and foreign jurisdictions.

Any use of the Company’s trademarks, or other intellectual property without the prior written consent of the Company is strictly prohibited. Unauthorized use of these assets may violate copyright and trademark laws, and penalties or enforcement actions may be pursued to the fullest extent permissible under applicable laws.

PERMISSIONS AND RESTRICITONS

You may access and use the Service as made available to you, provided that you comply with these Terms. Specifically, you are granted the following permissions:

The following restrictions apply to your use of the Service. You may not:

Content Restrictions: You may not:

Technical Restrictions: You may not:

AS IS” and “AS AVAILABLE” DISCLAIMER

This Services and all its content are provided to You “AS IS” and “AS AVAILABLE”, except as expressly provided by the Company under these Terms.

The Company disclaims all representations and warranties of any kind expressed, implied or statutory, to the fullest extent permissible pursuant to applicable law, including but not limited to, implied warranties of merchantability and fitness for a particular or a specific purpose.

The Company does not provide any guaranties or warranties that the Services:

  1. will be complete, uninterrupted or error-free; or
  2. will be free of viruses or other harmful components; or
  3. will otherwise meet your needs or expectations.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

SEVERABILITY AND WAIVER

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE GENERAL TERMS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide a notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

We reserve the right, at Our sole discretion, to modify, replace and/or change these Terms at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes.

In case of any changes, We will post the revised version of these Terms and change their effective date.

It is Your responsibility to check there Terms for any changes whenever You access and/or on the Website and in Applications.

We advise You to periodically review there Terms in order to be informed of any changes.

Your continued use of the Website and Applications shall be considered that You have read, understood, accepted and agreed with these changes.

CONTACT US

If you have any questions about these General Terms, You can contact us:

Name: Uklon Ltd.

By email: support@uklon.eu

By visiting our website: uklon.com.ua

By mail: 12 Dimostheni Severi, 6th floor, flat/office 601, 1080 Nicosia, Cyprus

Last updated: 07.08.2024

This Privacy Policy (hereinafter referred to as the “Policy”) has been developed by LIMITED LIABILITY COMPANY “UKLON CORPORATE”, Company code 44378710, location: 20B Bandery Avenue, Kyiv, 04073 (hereinafter referred to as the “Company”, “we”, “us”) to explain how and why we collect and process personal data, how long we store it, and what rights the personal data subjects have in connection with our processing of such data.

One of our priorities is consistent and effective data protection, so we make every effort to ensure that your personal data is secure and processed in accordance with applicable law and industry best practices.

The Policy applies to those persons whose personal data is processed or may be processed in the future by us as a data owner, including if such persons use special sections of our website https://uklon.com.ua/business/, https://corporate-portal.uklon.com.ua and/or https://uklon.com.ua/delivery (hereinafter referred to as the “Website”) , send us the appropriate registration form, contact us with inquiries, order our services for the delivery of B2B orders and/or corporate trips for employees (hereinafter referred to as the “Services”) , which is accompanied by the collection of personal data.

When we control the methods of collecting personal data and determine the purposes for which such data is used, the Company acts as a personal data owner within the meaning of the Law of Ukraine “On Personal Data Protection” dated 01.06.2010 No. 2297-VI (hereinafter referred to as the “Law”).

By using the Website (in the relevant part ) and/or using the Services, you agree and represent that you have read, understood, accepted and agreed to be bound by the terms of this Policy. If you do not agree to the processing of your personal data in accordance with this Policy, please do not let us know your information.

We may amend or change this Policy from time to time without prior notice, including if it’s required by law. You hereby give your consent to the amendments to the Policy without receiving any special confirmation from you. We would recommend that you regularly check the current version of the Policy on the Website to stay informed of the latest changes.

What personal data we process

We collect and process personal data that you voluntarily provide us with, including, but not limited to: name, surname, position, email address, phone number, and location address.

This personal data may be provided by you both when completing the registration form on the Website and when completing your profile later, after you have registered the account. 

At the same time, if a business entity (legal entity or individual entrepreneur) creates an account on the Website, the account may contain personal data of employees and other individuals who may use our Services. Accordingly, the Company will process such personal data, in particular, name, surname, email address, phone number, position, order information.

We also process your data when you contact our customer support team or contact us through other communication channels. In this case, we may record our conversations and/or correspondence, which may also contain personal data.

Personal data that we process automatically

We may automatically process certain data, including your IP address, the date and time you used our Services, information about the hardware and software and the Internet browser you are using, as well as information about the operating system of your computer or mobile device (for example, language settings). We may also collect information about clicks on certain buttons and visits to web pages on the Website.

Such data is typically collected through cookies and similar technologies used by the Company to operate the Website and provide you with functionality and personalized communications.

Personal data of other persons that you provide us with

You can place orders not only for yourself. You can order the Transportation Service for any person by providing us with his/her phone number, name and address. 

In addition, when orderingtheB2B Order Delivery Service, you provide us with the personal data of the recipient of the dispatch: the location address, name and/or surname, and telephone number. The Company shall have the right to use the contact details of the recipient of the dispatch received during the order of the Service to notify the recipient of the dispatch, clarify the location, as well as receive feedback on satisfaction with the Service and the Company’s ability to provide similar Services (direct marketing).

In this regard, we should note that you are responsible for ensuring that the person whose personal data you have provided knows that you have done so, understands and agrees to the way we use their personal data (in particular, as set out in this Policy). Please make sure that you have a lawful basis for transferring the personal data of another person to us in order to provide the relevant Service.

Information obtained from other sources

This information may include user feedback such as ratings or compliments, information from users or others who provide information in connection with claims or disputes, information from insurance providers and from public sources (such as social media). We may combine the information collected from these sources with other information in our possession.

How we process your personal data

The processing of personal data means any action or series of actions in relation to personal data that are necessary to achieve the above goals, including, but not limited to: collection, systematization, accumulation, storage, adaptation, clarification (updating, modification), use, distribution (including through sale or transfer), cross-border transfer, depersonalisation, blocking, destruction, as well as any other actions with personal data in accordance with the current legislation of Ukraine.

By accepting the terms of this Policy when registering on the Website, you agree to the terms of personal data processing and confirm that you act of your own free will and understand the legal consequences thereof. 

Consent to the processing of personal data is provided by you in cases where there is no other legal basis for the processing of the relevant personal data, for example, for the purpose of sending advertising. At the same time, when you order our Services, thereby entering into a transaction with us (on the terms of a public offer or an individual agreement), or when the processing of personal data is required by applicable law, the Company does not need to obtain consent to process such data.

It should also be noted that this Policy is a written notice to the personal data subject that they are included in the personal database of the Company, which acts as the personal data owner.

Why and on what basis we process your personal data

We process your Personal Data for the following purposes:

Disclosure and transfer of personal data to third parties

Under certain circumstances, the Company may transfer your personal data to third parties:

Personal data storage periods

Your personal data is stored for the period necessary to achieve the processing purposes or for the established information retention period, if required by applicable law. 

If your account is deleted, your personal data will also be deleted from the database, unless this data is required for legal, accounting and fraud prevention purposes.

Personal data necessary for the above purposes may be stored after the termination of our cooperation with you for 3 (three) years (limitation period) or for a longer period established for the storage of a particular type of information/data, if provided by applicable law. 

After the expiration of the above period, we delete or anonymize your personal data so that it can no longer be associated with you personally.

Please note that logging out of your device or deleting your user account does not delete all personal data. Personal data may be deleted on the Company’s side.

How we protect your personal data

We know that information security is important to our users and customers, and we care about the security of your personal data. In particular, we maintain technical and administrative security measures to protect all personal data from loss, misuse, unauthorized access, disclosure or alteration. 

Some of the measures we use include firewalls, data encryption, physical access controls to our data centers, and information access controls. Only authorized personnel have access to personal data during their work.

How we treat children’s personal data

We consciously do not collect or store personal data of individuals under the age of 18.

The Website and our Services are not intended for use by individuals under the age of 18. If you are under the age of 18, please do not use or access the Website or use our Services.

If you believe that your child has accessed the Website or otherwise provided their personal data, we recommend that you contact us immediately by sending detailed information to privacy@uklon.com.ua and we will use our best efforts to remove such information.

Cookies

A cookie is a small piece of data that is sent to a browser on your computer or mobile device. Cookies are used for various purposes. They help to recognize you as the same user on different pages of the Website.

Cookies usually do not contain any personally identifiable information, but the personal data we store about you may be linked to information stored in and derived from cookies, such as IP address, device ID, country or region, and clickstream history.

In order to better understand cookies and make informed choices, we recommend that you read the cookie guide of your respective browser or visit www.aboutcookies.org or www.allaboutcookies.org.

We may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, and advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technologies (collectively, “Cookies”), in connection with your use of the Website for certain purposes, namely authentication, remembering preferences, collecting statistical information, personalization and other purposes as described below.

When you visit the Website, you will be informed about this by means of a corresponding banner with cookies. 

Any user of the Website can decide whether to accept or reject some or all types of cookies, with the possibility of controlling this through the browser settings on their device. Browsers usually allow you to refuse to accept and delete cookies. 

Please note that if you disable cookie settings, you may encounter some difficulties when using certain features of the Website.

Rights of data subjects

We guarantee you the exercise of the rights to protect your personal data and other rights provided for in Article 8 of the Law. In particular, as a personal data subject, you have the following rights:

1) to know about the sources of collection, location of their personal data, the purpose of their processing, location or place of residence (stay) of the personal data owner or administrator or to give an appropriate order to authorized persons to obtain this information, except in cases established by law;

2) to receive information on the conditions for granting access to personal data, including information about third parties to whom personal data is transferred;

3) to access their personal data;

4) to receive a response on whether your personal data is processed no later than thirty calendar days from the date of receipt of the request, except as provided by law, and to receive the content of such personal data;

5) to submit a reasoned request to the personal data owner with an objection to the processing of your personal data;

6) to submit a reasoned request to change or destroy your personal data by any personal data owner and administrator if such data is processed illegally or is unreliable;

7) to protect your personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;

8) to file complaints about the processing of your personal data with the Ukrainian Parliament Commissioner for Human Rights or a court;

9) to apply legal remedies in case of violation of the legislation on personal data protection;

10) to make reservations regarding the restriction of the right to process your personal data when giving consent;

11) to withdraw consent to the processing of personal data;

12) to know the mechanism of automatic processing of personal data;

13) to protect yourself from an automated decision that has legal consequences for you.

Please note that when you contact us, you need to go through the identification process and submit your specific requirements so that we can process your request and provide a response legally. If we are unable to identify you through communications or have reasonable suspicions about your identity, we may ask you to provide proof of identity. This is the only way we can avoid disclosing your data to a person who may impersonate you, i.e. the identification process is carried out in your best interests. Any additional information collected for verification purposes will only be used to confirm your identity.

We process requests as quickly as possible, but please note that providing a complete and legitimate response is a complex process that can take up to a month or more. We will notify you if we need more time to prepare a response.

How you can withdraw your consent to data processing

You may withdraw your consent to the processing of all or part of your personal data, if we process this data on the basis of your consent, by sending a notice to the following e-mail address: privacy@uklon.com.ua 

Please indicate “Withdrawal of consent to data processing” in the subject line of your notice to speed up the processing of your request and provide you with a response.

In this case, withdrawal of consent to the processing of personal data is possible only in relation to the future processing of personal data. Decisions and processes made during the processing of personal data cannot be revoked in the past.

Please note that we may not delete certain personal data if this data is required for legal purposes, purposes of fulfilling the terms of the contract or preventing fraud and/or if we need this personal data to fulfill our obligations under the laws of Ukraine. We will inform you about this in our response.

How to contact us

We have appointed a person responsible for the protection and processing of personal data. Please send all questions, comments, requests regarding this Policy or the exercise of your legal rights regarding the processing of personal data to the following e-mail address: privacy@uklon.com.ua.

This version is effective as of July 2, 2024.

Terms for Providing Beta Versions

These Beta Version Terms of Use (hereinafter referred to as the “Terms”) are an agreement between UKLON UKRAINE LLC (hereinafter referred to as “Uklon”) and another person who is a user of the Beta version of the Online Services (hereinafter referred to as the “User”).

TERMS

  

The terms used in these Terms have the following meanings:

• Beta Version — an Online Service or a feature of the Online Service that is designated or presented to the user as an alpha version, beta version, experimental, pilot, limited version, version under development, developer preview version, early access version, non-production version, evaluation version — that is, provided before the general commercial release (and may be designated “Beta Version”).

• Online Service — Uklon Driver Online Service, Uklon Online Service, Website,  Uklon Mobile Application, Uklon Driver Mobile Application, as well as any other computer programming results owned by Uklon or its licensors. The terms Uklon Driver Online Service, Uklon Online Service, Website, Uklon Mobile Application, Uklon Driver Mobile Application are used in these Terms in the meaning given in the User Agreement and the Public Offer for the provision of access to the online service (supply of software products), which are available on the Website page htps://uklon.com.ua/user-agreement/ (hereinafter referred to as the “Standard Terms”).

GENERAL TERMS AND CONDITIONS

1.1. Uklon may introduce new or expand previous Online Services in the form of Beta Versions.

1.2. Uklon would like the Beta Version of the Online Service to be tested before a general commercial release.

1.3. From time to time, Uklon shall provide Users with the opportunity to test, at its sole discretion, certain features related to the Online Service that are clearly marked as Beta Versions. Beta Versions shall be intended for review. Uklon shall terminate access to Beta Versions at any time in its sole discretion and never make them publicly available.

1.4. At its sole discretion, Uklon shall determine the range of Users who may be granted access to the Beta Version.

1.5. The use of the Beta Version shall be in accordance with these Terms and the relevant Standard Terms applicable to a particular Online Service. If there is a conflict between these Terms and any Standard Terms, these Terms will prevail.

DISCLAIMER

2.1. The Beta Version, access to which is provided to the User, may contain defects and shortcomings. The main purpose of this Agreement is to receive feedback on the operation of the Online Service, to identify defects and improve the stability of the Online Service, to improve the performance of its own trial versions and to test the functionality of the application.

2.2. The user shall be advised to protect important data, exercise caution and not rely in any way on the correct functioning or performance of the Beta Version. By using any Beta Versions, the User shall acknowledge that he/she may experience technical difficulties, failures, errors or lack of functionality. Thus, the use of the Beta Version shall be at the User’s own risk.

2.3. Uklon shall make no warranties or promises as to the reliability or proper functioning of the Beta Versions.

2.4. Uklon shall not be liable for any damages, claims, losses, costs, demands or liabilities arising (directly or indirectly) from any defects in the Beta Version.

2.5. The User shall agree that Uklon may collect information related to any access, use, testing, performance and functionality of the Beta Versions, which will be processed in accordance with the Regulations on the processing and protection of personal data posted on the Website page htps://uklon.com.ua/user-agreement/.

INTELLECTUAL PROPERTY RIGHTS

3.1. Except as otherwise permitted by the law, the User agrees not to modify, distribute, prepare derivative software products, collect, decompose, decompile or otherwise attempt to crack any code associated with the Beta Version of any Online Service.

3.2. All intellectual property rights in any Beta Versions and all data created as a result of their use belong exclusively to Uklon or its licensors and shall not be copied, distributed, downloaded, republished, decompiled, decomposed or transferred in any way without the prior written consent of Uklon.

OTHER PROVISIONS

4.1. These Terms shall be freely available on the Website.

4.2. These Terms shall be governed by, interpreted and enforced in accordance with the laws of Ukraine.

4.3. These Terms may be revised and amended from time to time by Uklon in the manner provided for in the Standard Terms.

UKLON UKRAINE LLC

20B S. Bandery Avenue, Kyiv, 04073

EDRPOU code: 44293344

Tel.: +380931771511

e-mail: uklon1@uklon.com.ua

Published on December 15, 2023

User Agreement for the Inclusive Class

1. GENERAL PROVISIONS

1. 1 The User Agreement for the Inclusive Class (hereinafter referred to as the “Agreement”) is a supplement to the User Agreement for the Provision of Access to the Online Service (Software Supply) between the User and UKLON UKRAINE LLC (hereinafter referred to as the “Administrator”), posted on the Administrator’s Website at https://uklon.com.ua/user-agreement and the Mobile Application in terms of the functionality of the Online Service for access to the Inclusive Class and supersedes all previous agreements between the User and the Administrator for such class.

1. 2 When using access to the Inclusive Class through the Online Service, the User, regardless of their legal status and civil capacity, shall be subject to the rules and restrictions set forth herein.

1. 3 The Agreement, including all amendments and addenda, shall be posted for public information on the Website and in the Mobile Application.

1. 4 The User confirms that he/she is fully familiarized with and agrees to the terms and conditions of the Agreement. In case the User disagrees with any of the provisions of this Agreement, the User may not use access to the Inclusive Class through the Online Service.

1. 5 The User understands that access to the Inclusive Class of the Online Service is provided by downloading a computer program (Mobile Application) and using it, as well as by entering the relevant data and using the software functions of the Website.

1. 6 The User agrees to comply with the terms and conditions of this Agreement when registering the User on the Website and/or in the Mobile Application and/or placing an Order on the Website without registering the User.

1. 7 The Administrator may amend or otherwise modify this Agreement without prior notice to the User. The User hereby agrees to amend the Agreement without obtaining any special confirmation from the User.

1. 8 In this Agreement, the following terms shall have the following meanings:

• Inclusive Class User shall mean a User of the Online Service who has a disability related to a musculoskeletal disorder and/or is less mobile and/or has limited physical capabilities for other reasons, and therefore requires special transportation conditions with the possibility of placing a wheelchair in the vehicle;

• Transportation Organizer shall mean UKLON CARE NON-GOVERNMENTAL ORGANIZATION, which is a non-profit non-governmental organization established under the laws of Ukraine with the status of a legal entity;

• Carrier shall mean a carrier (carriers) that has a valid license for the carriage of passengers by passenger automobile transport and provides transportation services for the Inclusive Class Users at the request of the Transportation Organizer.

• Inclusive Car shall mean a passenger car specially equipped for the transportation of passengers with wheelchairs.

• Inclusive Car Order shall mean an order by the Inclusive Class User for the provision of passenger transportation services by an Inclusive Car.

• Transportation Services shall mean passenger transportation services by road provided by the Carrier. Nothing in this Agreement is intended or implies that the Administrator provides or may provide Transportation Services.

• Transportation Organization Services shall mean services for organizing the transportation of passengers by road provided by the Transportation Organizer. Nothing in this Agreement is intended or implies that the Administrator provides or may provide Transportation Organization Services.

All other terms shall be used in the meaning given in the User Agreement for the provision of access to the Uklon Online Service.

2. REGISTRATION OF AN INCLUSIVE CLASS USER

2. 1 To gain access to the Inclusive Class of the Online Service, the User shall register in the Uklon Online Service through the Website or Mobile Application, as a result of which a unique User account is created, which provides access to the Online Service and selects the Inclusive Class among the available functionality.

2. 2 In case of providing false information by the Inclusive Class User during registration or in the future when using access to the Online Service, the Administrator shall have the right to suspend or cancel the account (registration) of the Inclusive Class User without prior notice or obtaining any consent of the Inclusive Class User.

2. 3 In case of detection of the fact of using the Inclusive Class by a person who does not meet the definition of Inclusive Class User given in this User Agreement, that is, in the absence of objective grounds for using the Inclusive Class (health features associated with a violation of the musculoskeletal system and movement with a wheelchair), the Administrator shall have the right to suspend or cancel the account (registration) of the Inclusive Class User without prior notice or obtaining any consent.

3. PERSONAL DATA

3. 1 Issues related to the collection, use, processing, and protection of the User`s personal data shall be governed by a separate Privacy Policy posted on the Website and in the Mobile Application.

3. 2 The personal data of the Inclusive Class User may be used in accordance with the Privacy Policy and additionally for the purpose of fulfilling the obligations of the Organizer of transportation to maintain accounting, tax, financial, military records, preparation, submission, and publication of reports, etc.

3. 3 Except as provided in the Privacy Policy, the Administrator shall transfer the personal data of the Inclusive Class User:

• to the Transportation Organizer and the Carrier in order to fulfill orders placed by the Inclusive Class User and for the purpose specified in clause 3. 2. of this Agreement;

• to tax and other competent authorities to the extent and in the cases required by the current legislation of Ukraine.

3. 4 By accepting the terms and conditions of this Agreement when registering on the Website and/or in the Mobile Applications, the Inclusive Class User hereby expressly consents to the collection, use, and processing of personal data by the Administrator in accordance with the Privacy Policy and this Agreement and confirms that by giving such consent, he/she acts of his/her own free will and in his/her own interests. Consent to the processing of personal data shall be granted to perform any actions in relation to personal data that are necessary to achieve the above purposes, including, but not limited to: collection, systematization, accumulation, storage, adaptation, clarification (updating, modification), use, distribution (including through sale or transfer), cross-border transfer, depersonalization, blocking, destruction, as well as any other actions with personal data in accordance with the current legislation of Ukraine.

3. 5 The relations not regulated by this Agreement regarding the processing of personal data of the Inclusive Class User shall be governed by the terms and conditions of the Privacy Policy available on the Website at https://uklon.com.ua/user-agreement and in the Mobile Application.

4. ACCESS TO THE INCLUSIVE CLASS

4. 1 Access to the Inclusive Class of the Online Service shall be provided to the User solely for personal non-commercial use.

4. 2 By choosing the Inclusive Class among the functionality of the Uklon Online Service, the User confirms that he/she is a person with a disability who has a musculoskeletal disorder and/or is less mobile and/or has limited physical capabilities for other reasons, and therefore requires special transportation conditions with the possibility of placing a wheelchair in the vehicle.

4. 3 On a contractual basis, the Administrator shall provide the Transportation Organizer and the Carrier with access to the Online Service for the purpose of processing and fulfilling the Orders. The Administrator shall not be responsible and shall not assume any obligations to the Inclusive Class Users in respect of the Transportation Organization Services and Transportation Services and shall not provide any warranties to the Inclusive Class Users regarding the quality of such services.

4. 4 The procedure for providing the Transportation Organization Services shall be agreed upon by the Inclusive Class User by accepting the Public Offer of the Inclusive Class Transportation Organizer, which is posted on the website of the Transportation Organizer at https://uklon.com.ua/user-agreement. The User confirms that by accepting this Agreement, he/she simultaneously accepts and agrees to the Public Offer of the Transportation Organizer. In case the User disagrees with any of the provisions of the Public Offer, the User may not use access to the Inclusive Class through the Online Service.

4. 5 The Transportation Organizer shall have the right to insure the life and health of the Inclusive Class Users during the transportation. The insurance shall be provided by the Transportation Organizer at its own expense, and the Inclusive Class User shall not be obliged to pay any insurance payments. The choice of the insurance company and the conditions of insurance shall be determined at the discretion of the Transportation Organizer, to which the Inclusive Class User agrees. The Inclusive Class User shall have the right to withdraw his/her consent to insurance at any time by sending a notice to the following e-mail address of the Transportation Organizer: care@uklon.com.ua. The Administrator shall not insure the life and health of the Inclusive Class Users and shall not be responsible for the fulfillment by the Transportation Organizer or insurance companies of any obligations to the Inclusive Class Users related to insurance.

5. PAYMENT FOR SERVICES

5. 1 Payment for the Services of the Transportation Organizer shall be made by the Inclusive Class User in accordance with the tariffs published in the Mobile Application and on the Website.

5. 2 The User shall pay for the Transportation Services directly to the Transportation Organizer or its authorized persons.

5. 3 The User can pay for the Transportation Services by credit card through the Mobile Application or on the Website. At the same time, the Inclusive Class User shall automatically go to the website of the corresponding payment system and enter his/her personal data and bank card data directly on the website of this payment system. The Administrator shall not store or transfer bank card data of the Inclusive Class Users.

5. 4 The Administrator shall provide information support for the acceptance of payments by bank cards from the Inclusive Class Users and shall be solely responsible for the correct determination of the cost of the Transportation Services to be paid in favor of the Transportation Organizer and for communicating this information to the Inclusive Class Users. Acceptance and transfer of payments using bank cards shall be carried out by the respective payment systems authorized to provide the respective services.

5. 5 Payment for the Transportation Services can also be made by the Inclusive Class User through the Mobile Application using Google Pay, Apple Pay, provided that the relevant mobile applications are downloaded to their mobile device.

6. FINAL PROVISIONS

6. 1 This Agreement shall be governed by and construed in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the User Agreement for the Provision of Access to the Online Service https://uklon.com.ua/user-agreement and the current legislation of Ukraine. In the event of a conflict between the User Agreement regarding the provision of access to the Online Service and this Agreement, this Agreement shall prevail.

6. 2 All potential disputes arising or to arise out of the relations governed hereby shall be resolved in accordance with the procedure established by the current legislation of Ukraine at the location of the Administrator. Throughout this Agreement, unless otherwise expressly stated, the term “legislation” shall mean the legislation of Ukraine.

6. 3 Due to the free use of access to the Online Service, the rules on consumer protection provided for by the legislation of Ukraine cannot be applied to the relationship between the Inclusive Class User and the Administrator.

6. 4 Nothing in this Agreement may be construed as establishment between the Inclusive Class User and the Administrator of agency, commission, partnership, joint venture, employment or any other relations not expressly provided for in this Agreement.

6. 5 If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.

6. 6 Inaction on the part of the Administrator in case of violation of the provisions of the Agreement by any Inclusive Class User shall not deprive the Administrator of the right to take appropriate actions to protect its interests later, and shall not mean the waiver of the Administrator`s rights in case of further similar or related violations.

6. 7 This Agreement is made in Ukrainian, but is provided for review by the Users in Russian and English. In case of discrepancies between the terms and conditions of this document in Ukrainian and its Russian and English translations, only the Ukrainian version of the document available at the following link shall be legally binding: https://uklon.com.ua/user-agreement.

7. DETAILS OF THE ADMINISTRATOR:

UKLON UKRAINE LLC,

20B S. Bandery Avenue, Kyiv, 04073

EDRPOU code: 44293344,

IBAN: UA973006140000026000500496156

with CREDIT AGRICOLE BANK JSC

TIN 442933426546

Tel. +380931771511

e-mail: uklon1@uklon.com.ua

This version is effective as of  November 6, 2023.