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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
(SUPPLYING SOFTWARE PRODUCTS)

1. TERMS AND DEFINITIONS

Uklon means 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, that makes a public offer (the “Offer”) to an unlimited number of individuals, individual entrepreneurs, or legal entities to enter into an Adhesion Contract (Public Offer) for the provision of access to the online service (supply of software products) (the “Adhesion Contract”) on the terms and conditions set out in this Adhesion Contract.

Uklon Driver Online Service (Online Service or Technological Platform) means a technological platform realized as 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.), designed for automated monitoring, collection, processing, distribution, storage, presentation of data about the Orders placed on it by the Users, automatic calculation of the value of the Order, taking into account the supply and demand ratio, weather conditions, route, and the density of traffic on it, which automatically works out routes and facilitates data exchange for communication with the User, and enables the Uklon Partner to accept or reject the relevant Orders as the Uklon Partner may deem fit, publish its location data, provide estimates to the Users and interact with them, use the routes worked out by the program in a real-time mode, within the scope of functionality of the Online Service. The Online Service is the result of computer programming related to software products.

Uklon Partner means an individual or legal entity that accesses the Online Service through the Website and the Mobile Application. The Uklon Partner bears all risks associated with gaining access to and using the Online Service by any third party who does not have the authority to do so.

User means any legally capable individual who has reached the age of eighteen (18) or a legal entity that has placed an Order using the Uklon Mobile Application or the website: uklon.com.ua.

Order means an order for the provision of a passenger transportation service by road placed by the User, in particular an order for the provision of a passenger transportation service by road in one direction placed by two Users (shared trip), User’s vehicle driving service (the driver service), and delivery services structured according to the required details.

Website means a web page on the Internet at 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 Driver”, provided by Uklon to the Uklon Partner for temporary use (during the term of this Adhesion Contract) for the functional purpose of the end user as a tool to access the Online Service.

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

Bank Card Payment means a payment debited from the User’s bank card and credited to the bank card of the Uklon Partner in the payment system integrated with the Online Service.

Transportation Services means passenger transportation services by road, the User’s vehicle driving services (driver service), and delivery services.

Temporarily Occupied Territories means territories where hostilities are taking place or territories temporarily occupied by the Russian Federation, set out in the Law.

Law means all laws, regulations, directives, by-laws, administrative orders, common law rules, and civil codes of any jurisdiction, all court decisions, notices, instructions, and decisions of courts, arbitration tribunals, or authorized bodies, and all codes of practice that have the force of law, interpretations, and recommendations applicable to the persons concerned.

2. GENERAL PROVISIONS

2.1. Uklon hereby makes the Offer to enter into this Adhesion Contract and undertakes to provide the Uklon Partners that accept the Offer with access to the Online Service (to supply software products) (the “Access Service”) subject to the terms and conditions set out in the Adhesion Contract within the entire territory of Ukraine (except for the city of Kyiv). Furthermore, Uklon shall not provide access to the Online Service to the Uklon Partners in the Temporarily Occupied Territories.

2.2. The Uklon Partner accepts the Offer by performing actions that demonstrate the full and unconditional consent of the Uklon Partner to receive the Access Service on the terms set out in the Offer. Such actions of the Uklon Partner shall be the registration of the Uklon Partner in the Online Service.

2.3. The moment of Offer acceptance, specified in Clause 2.2 above, shall deem the moment when the Adhesion Contract is made by the parties. The Adhesion Contract made by accepting the public offer shall be legally valid and binding and shall have the same status as the Adhesion Contractsigned by the parties.

2.4. To gain access to the Online Service, the Uklon Partner shall register on the Website or in the Mobile Application by creating a unique account (personal account) that facilitates access to the Online Service.

2.5. The Uklon Partner may be registered as a legal entity or an individual, or as an individual entrepreneur, or as a self-employed person. Upon successful completion of the registration, Uklon shall provide the Uklon Partner with a personal account, which can be accessed using a username and password.

2.6. During the registration, the Uklon Partner shall provide reliable information about themselves by filling in the registration form. If the Uklon Partner 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 Uklon Partner without prior notice or consent of the Uklon Partner.

2.7. If the actions of the Uklon Partner may result in a violation of the Law, human rights, and the possibility of claims against Uklon, or if the actions of the Uklon Partner may expose Uklon to liability for such actions, Uklon shall have the right to immediately block the actions of the Uklon Partner, as well as to suspend or cancel the personal account of the Uklon Partner without prior notice or consent from the Uklon Partner.

2.8. When registering in the Online Service, the Uklon Partner shall enter a unique password. The Uklon Partner shall be solely responsible for the security of the password entered by the Uklon Partner and the protection of their personal account.

2.9. In the case any third-party gains access to the personal account of the Uklon Partner, the Uklon Partner shall immediately notify Uklon to enable it to take appropriate measures, provided that the Uklon Partner can confirm the ownership of the personal account.

2.10. The Uklon Partner shall be solely responsible for ensuring the safe storage of information about their passwords, including but not limited to registration codes and other confidential information. Uklon shall not be liable for the consequences resulting from the loss of personal confidential information (login, password, registration code) by the Uklon Partner. This provision applies both to the voluntary transfer of personal confidential information by the Uklon Partner to any third parties and to the loss of personal confidential information by the Uklon Partner against their will.

2.11. Registration of an account by an Uklon Partner being a legal entity or an individual entrepreneur (hereinafter – the “transportation company”). Following the execution of a separate agreement, the transportation company can independently register personal accounts for its employees and/or service providers. In this case, the transportation company shall ensure that its employees and/or service providers comply with the terms and conditions of this Adhesion Contract and any other terms published by Uklon on the Website and agree to act in compliance with applicable terms and conditions. The transportation company and its employees and/or service providers shall be 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 ADHESION CONTRACT

3.1. Subject to the terms and conditions of this Adhesion Contract Uklon shall grant the Uklon Partner access to the Online Service provided via the Internet on the Website and/or via the Mobile Application for a fee set out in this Adhesion Contract.

3.2. Access to the Online Service shall be provided to the Uklon Partner solely for the purposes of its interaction with the Users in connection with the processing and completing of the Orders and automatically building optimal routes within the scope of the available functionality of the Online Service. The Uklon Partner shall be granted a non-exclusive intellectual property right to use the Online Service and the intellectual property included therein, in particular, the right to reproduce it, in whole or in part, on one computer and/or one mobile device of the Uklon Partner, the public performance and public display rights.

3.3. Uklon shall not provide the Transportation Services in any manner and shall not sell (distribute) any goods, works, or services sold (distributed, provided) by the Uklon Partners. The relationships between the Uklon Partner and the User shall arise, change, and be terminated exclusively between the Uklon Partner and the User. Uklon shall not be a party to the relationship existing between the Uklon Partner and the User and shall be responsible for the provision of the Access Services only.

4. REPRESENTATIONS AND WARRANTIES OF THE UKLON PARTNER

4.1. By clicking the “Register” button at the end of the registration form, you (Uklon Partner) represent and warrant to us (Uklon) that:

• You have decided to enter into this Adhesion Contract on the use of the Uklon Online Service to provide the Transportation Services with us and to provide us with your information and documents voluntarily, and you have not been enticed or coerced to enter into the agreement by any third parties, including us and our related parties.

• You have the authority to enter into this Adhesion Contract on the use of the Uklon Online Service to provide the Transportation Services with us in accordance with the Law, your capacity to acquire rights and obligations, including by entering into the aforesaid Adhesion Contract with us, is not limited, and you do not need any licenses, consents, permission, and/or approval of any third parties to enter into such Adhesion Contract

• You have carefully studied, fully understand, and agree to abide by the terms and conditions of this Adhesion Contract, including all of your obligations set out in this Adhesion Contract;

• All information and documents you have provided to us are accurate, correct, complete, and up-to-date;

• You will ensure the correctness of the data in your personal account in the Online Service and will regularly update the information;

• You will not allow others to use your personal account; you will not transfer or assign your personal account to any other person, or use the personal accounts of other persons;

• You will not use the Online Service for unauthorized or illegal purposes and will not impede the proper operation of Uklon; you will not abuse or manipulate the Online Service (including, but not limited to, by decompiling the Uklon Driver Application or manipulating your GPS location);

• You will use the Uklon Online Service in good faith and will not be involved in fraud, including, but not limited to, receiving any bonuses for providing false information to us;

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

• At all times, you will fully comply with all laws and regulations of the jurisdiction in which you provide the Transportation Services, including, but not limited to, the laws governing passenger services and the protection of personal data.

If you breach any of the above warranties, Uklon shall have the right to recover a contractual penalty of up to UAH 1,000.00 for each breach and/or block your right to use the Uklon Online Service.

5. REPRESENTATIONS AND WARRANTIES OF THE UKLON

5.1. We (Uklon), for our part, represent and warrant to you (Uklon Partner) that Uklon:

◦ is a company properly established, organized, and registered in accordance with the laws of its jurisdiction, has full legal capacity, and has all corporate powers that may be necessary or required to enter into and perform this Adhesion Contract

◦ is the sole owner of, and holds all rights, titles and interests in its platform and technology, including but not limited to all intellectual property rights;

◦ will ensure equal opportunities and not discriminate against you and the Users based on race, color, religion, sex, national origin, sexual orientation, age, or any other similar characteristic;

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

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

◦ all our employees, agents and/or contractors who may be in contact with or interacting with you have been properly trained and meet all the requirements necessary to perform our contractual obligations to you;

◦ has sufficient systems and procedures in place to support you, 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 and conditions of this Adhesion Contract, Uklon hereby grants the Uklon Partner a non-exclusive license to use the Online Service. This license shall not grant the Uklon Partner the right to sublicense or assign any of their 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 may not:

• decompile, reprogram, or otherwise attempt to obtain 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;

• transfer 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 services provided by Uklon.

• The license granted under this Adhesion Contract shall be terminated automatically and simultaneously with the termination of the Adhesion Contract Upon termination of the Adhesion Contract the Uklon Partner shall stop using the Online Service immediately, and Uklon may block and delete Uklon Partner’s personal account without prior notice.

6.3. Uklon may provide Uklon Partner with Uklon-branded tags, labels, stickers, or other marks, or otherwise indicate that the Uklon Partner uses the Online Service. Uklon hereby grants the Uklon Partner a non-exclusive, non-transferable, non-sublicensed, limited, unconditional and revocable license to use such marks, and the Uklon Partner may not sublicense such marks and shall use them only to indicate that the Uklon Partner uses the Online Service in its activities. In the event this Adhesion Contract is terminated for any reason, the Uklon Partner shall promptly remove any features relating to the Uklon brand.

6.4. Uklon is the sole owner of all intellectual property rights in trademarks, software products, and any other intellectual property, including source code, databases, logos, and designs, that are protected by copyright laws, laws on trademarks and/or trade secrets, as well as provisions of international treaties. By using the Online Service or any other services provided by Uklon, the Uklon Partner does not acquire any rights of ownership to any intellectual property.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The Uklon Partner shall:

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

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

◦ provide Uklon with the information that may be necessary in connection with the performance of this Adhesion Contract

◦ not impersonate an employee, representative, or agent of Uklon;

◦ comply with the Terms and/or the Rules of Cooperation posted on the Website.

7.2. The Uklon Partner shall have the right to:

• access and use the Online Service in accordance with the terms and conditions of this Adhesion Contract

• receive clarifications from Uklon that may be necessary in connection with the performance of its obligations under this Adhesion Contract.

7.3. Uklon shall:

• ensure that the Uklon Partner can access the Online Service from an electronic device (mobile phone, tablet, or computer) of the Uklon Partner and register a personal account on the Website.

7.4. Uklon shall have the right to:

◦ verify that the Uklon Partner complies with the terms and conditions of this Adhesion Contract;

◦ demand that the Uklon Partner remedy any violations in the case the Uklon Partner fails to perform or perform properly the terms and conditions of this Adhesion Contract

◦ refuse to enter into this Adhesion Contract with the Uklon Partner or terminate it unilaterally without notice in the case the Uklon Partner fails to comply with or violates the Terms and/or the Rules of Cooperation posted on the Website;

◦ terminate this Adhesion Contract unilaterally or temporarily suspend access to the Online Service without notice in case the Uklon Partner commits fraud and/or other actions that violate the Law;

◦ obtain and maintain insurance covering the life and health of the Uklon Partner during the performance of the Order. Uklon shall obtain and maintain such insurance at its own cost and expense, and the Uklon Partner shall not be responsible for paying any insurance premiums. The Uklon Partner hereby consents that Uklon may choose the insurance company and the insurance terms and conditions at its sole discretion. The Uklon Partner may withdraw its consent to the insurance at any time by sending a notice to Uklon’s e-mail address at: support@uklon.eu.

8. FEES AND PAYMENT PROCEDURE

8.1. The Uklon Partner shall pay Uklon the following fees for access to the Online Service:

8.1.1. 18% of the transportation fare indicated in the Order for the cities of Dnipro, Odesa and Lviv;

8.1.2. 17% of the transportation fare indicated in the Order for the cities of, Kryvyi Rih, Zaporizhzhia and Ivano-Frankivsk;

8.1.3. 16% of the transportation fare indicated in the Order for the cities Chernihiv and Vinnytsia;

8.1.4. 15% of the transportation fare indicated in the Order for the city of Poltava;

8.1.5. 14% of the transportation fare indicated in the Order for the city of Bila Tserkva, Sumy and Cherkasy;

8.1.6. 12% of the transportation fare indicated in the Order for the cities of Kremenchuk, Rivne, Ternopil, Zhytomyr, Mykolaiv, Kharkiv and Khmelnytskyi;

8.1.7. 10% of the transportation fare indicated in the Order for the cities of Lutsk, Uzhhorod, Chernivtsi, Kamianske, Kamianets-Podilskyi and Kropyvnytskyi;

8.1.8. 0% of the transportation fare indicated in the Order for the city of Kherson.

8.2. The Uklon Partner shall pay for access to the Online Service by a wire transfer of funds to the Uklon bank account.

8.3. Uklon may, at its sole discretion, amend the fee rate either temporarily or permanently depending on the region and due to other factors by notifying the Uklon Partner in accordance with clause 11.3 of this Adhesion Contract.

8.4. In the case the Uklon Partner fails to pay the fee for access to the Online Service by the due date, Uklon Partner shall be liable to pay a late interest of 0.1% (zero-point one percent) of the unpaid amount for each day of delay. The Uklon Partner shall reimburse Uklon for all costs incurred by Uklon in connection with the recovery of debt owed by the Uklon Partner.

8.5. If the Uklon Partner fails to pay the fee for access to the Online Service by the due date, Uklon may suspend the access to the Online Service until the debt is repaid.

8.6. The Uklon Partner shall pay Uklon a fee for providing maintenance and administration services of Uklon Partner’s account (personal account) in the Online Service and services for deleting (deactivating) the account (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 deleting 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, shall be deemed 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 payments for the Transportation Services directly from the User. The User pays in cash by handing over the money directly to the Uklon Partner.

9.2. The Uklon Partner can receive payments from the Users made by transferring the money from the User’s bank card to the bank card of the Uklon Partner using the payment system integrated with the Online Service (the “Bank Card Payment”).

9.3. The Uklon Partner may not refuse to accept the Bank Card Payment for the Transportation Services from the User or dissuade the User from making the Bank Card Payment. In the case the Uklon Partner refuses to accept the Bank Card Payment without valid reasons, Uklon may charge Uklon Partner a fine of up to UAH 1,000.00 for each case of such refusal and/or block the Uklon Partner’s access to the Online Service in case of repeated refusal.

9.4. Uklon reserves the right to distribute promo codes to the Users at its sole discretion for advertising purposes. The Uklon Partner shall accept the promo code only when the User applies the code in the application before the trip using a bank card payment. Promo codes cannot be applied to trips where payments are made in cash. If the use of promo codes is suspected to be fraudulent, illegal, or contrary to the Terms of Use and the terms of use of promo codes, the promo code may be canceled, and the outstanding amount will not be reimbursed to the Uklon Partner by Uklon.

9.5. Uklon shall not be liable to pay the Partner the Order value set for the User if the Bank Card Payment failed because the User’s bank card or other payment made by the User has been canceled or failed for other reasons. In this case, Uklon can assist the Uklon Partner in requesting the amount of the Order value due from the User and assist in communication with the User regarding the repayment of the debt.

9.6. The Uklon Partner must verify that the Transportation Services are provided to the appropriate User or that the User has explicitly confirmed that they allow other passengers to travel at their expense before providing the Transportation Services. If the Uklon Partner makes a mistake in the identification of the User and the Bank Card Payment is debited from the person who did not receive the Transportation Services or did not confirm the provision of the Transportation Services to other passengers, the Uklon Partner shall return the funds received unreasonably to the User who did not receive the Transportation Services that were ordered by them. Uklon will assist the User and the Uklon Partner in their interactions regarding refunds.

10. PROVISION OF TRANSPORTATION SERVICES

10.1. By entering into this Adhesion Contract, the Uklon Partner acknowledges and warrants that throughout the term of the Adhesion Contract, they will comply with the Law applicable in the jurisdiction where the Uklon Partner provides the Transportation Services. The Uklon Partner shall bear sole responsibility for any violation of the Law committed by it, and hereby indemnifies Uklon for any expenses and damages incurred as a result of the Uklon Partner’s violation of the Law in the provision of the Transportation Services.

10.2. The Uklon Partner undertakes to possess all the permits mandated by the Law, including but not limited to a valid driver’s license, licenses, motor insurance policies, liability insurance policies, vehicle registration documents, certification, and any other documentation required in the relevant jurisdiction. The Uklon Partner shall maintain the validity of all the above documents for the entire duration of the use of the Online Service. The provision of access to the Online Service to the Uklon Partner may be revoked without prior notice if Uklon suspects that the Uklon Partner has not complied with the requirements of this clause.

10.3. Subject to the requirements of the applicable Law, the Uklon Partner undertakes to provide services to the Users and inform the Users about the services provided by the Uklon Partner in the official language of the country where the relevant services are provided. At the request of the User, the service may also be provided to them in another language acceptable to the Uklon Partner and the User. The Uklon Partner hereby consents that Uklon may disclose all the information and documents available to Uklon to competent authorities whenever such disclosure is required to verify that the Uklon Partner complies with the law on ensuring the functioning of the state language applicable in the country where the Uklon Partner provides the Transportation Services.

10.4. When providing the Transportation Services, the Uklon Partner shall:

• perform car maintenance;

• comply with passenger transportation regulations set forth by the Law of the country where the Uklon Partner provides the Transportation Services;

• obtain all permits, approvals, and licenses that may be necessary or required in accordance with the Law of the country where the Uklon Partner provides the Transportation Services;

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

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

• provide Uklon with the information that may be necessary in connection with the performance of this Adhesion Contract

• notify Uklon in the case the Uklon Partner refuses to perform the Order accepted by them without a valid reason. Otherwise, the Adhesion Contract may be terminated unilaterally by Uklon;

• comply with the Terms and/or the Rules of Cooperation posted on the Website, and familiarize themselves with their updates;

• when performing the Order, not use mobile applications and navigators that are directly or indirectly controlled by Russian nationals and/or Russian companies, including, but not limited to Yandex Maps and Navigator, 2GIS-accurate offline maps, CityGuide GPS navigator, or Navitel Navigator, etc.;

• return the shipment to the User (sender) when performing the Order for the delivery service, whenever the Uklon Partner receives a message in the Mobile Application that the shipment has to be returned to the User;

• play music in the passenger compartment of the car after obtaining the consent of all Users;

• refuse to transport the items, the transportation of which is prohibited by the applicable Law when the Uklon Partner provides the delivery service.

10.5. The Uklon Partner shall have the discretion to determine when to provide the Transportation Services. The Uklon Partner shall accept, decline, or ignore the Orders placed by Users at its sole discretion and without the consent of Uklon, provided however that the Uklon Partner shall perform all Orders accepted by them;

10.6. The Uklon Partner shall perform maintenance of the vehicle used to provide the Transportation Services and all the equipment and devices necessary to perform the Transportation Services and access the Online Service. The Uklon Partner shall be responsible for paying all costs incurred by them in the provision of the Transportation Services, fuel costs, cost of mobile tariff plans, customs duties, vehicle depreciation expenses, insurance premiums, related income taxes, corporate taxes, personal income taxes, etc.

10.7. If, during the provision of the Transportation Services, any of the Users negligently damages the vehicle or its equipment (including but not limited to damaging or contaminating the vehicle or causing a stench in the vehicle), the Uklon Partner shall have the right to claim compensation of any losses so caused from the User. However, Uklon does not guarantee that such losses will be compensated by the User and shall not be held liable for direct or indirect losses/expenses related to cleaning or maintenance of the vehicle caused by the actions of the User.

10.8. The Uklon Partner shall perform all tax obligations incurred by the Uklon Partner under applicable Law in connection with the provision of the Transportation Services, including (i) the payment of personal income tax, military duty, or any other applicable tax; (ii) a single social contribution to compulsory state social insurance or other similar payment for oneself and/or for its employees as required by the Law, and (iii) performance of all obligations regarding recording and/or registration of the Uklon Partner and/or employees of the Uklon Partner and/or registration for the purposes of making payments to the appropriate budget and/or to the appropriate account as required by the applicable Law of the jurisdiction in which the Uklon Partner provides the Transportation Services.

10.9. In the event Uklon receives a request for the disclosure of information on the activities of the Uklon Partner from a tax authority, Uklon may disclose any information available to it regarding the activities of the Uklon Partner to the tax authority to the extent required by the applicable Law. The Uklon Partner shall comply with all applicable tax regulations that may apply to them in connection with the provision of the Transportation Services. The Uklon Partner shall indemnify Uklon in connection with all and any taxes, contributions, state duties, payments, penalties, or other mandatory payments or obligations that Uklon will incur in connection with the failure of the Uklon Partner to perform its obligations arising out of the applicable tax regulations (including the obligation to pay personal income tax, military duty, and single social contribution to the mandatory state social insurance, or make any other applicable mandatory payments).

11. TERM OF THE ADHESION CONTRACT AND TERMINATION PROCEDURE

11.1. This Adhesion Contract shall be concluded for an indefinite term and may be terminated unilaterally by either Party by giving five-day prior notice to the other Party.

11.2. This Adhesion Contract shall be deemed terminated in the case the Uklon Partner does not make any payments within one (1) year from the date of the last payment for access to the Online Service. This provision does not preclude the Uklon Partner from contacting Uklon to enter into a new contract in the future.

11.3. Uklon may unilaterally change or update the terms and conditions of this Adhesion Contract at any time. All changes and amendments to this Adhesion Contract and the restated contract shall come into force following their publication on the Website.

12. LIAIBILITY OF THE PARTIES

12.1. The Parties will be held liable for non-performance or improper performance of obligations, provisions, or conditions of this Adhesion Contract in accordance with the Law unless this Adhesion Contract provides otherwise.

12.2. If the Uklon Partner breaches its payment obligations arising out of the Adhesion Contract, Uklon may demand that the Uklon Partner pays, and the Uklon Partner shall pay, a late interest of 0.1% of the overdue amount for each day of delay, within a period of ten (10) calendar days following receipt of the relevant demand from Uklon.

12.3. If the Uklon Partner violates its obligations to make payments due under the Adhesion Contract Uklon may terminate Uklon Partner’s access to the Online Service without notice.

12.4. Termination of access to the Online Service for the reasons set out in Clause 12.3 of the Adhesion Contract shall not release the Uklon Partner from the performance of obligations that arose before such termination of access to the Online Service, and the Uklon Partner shall also be liable to pay a late interest to Uklon.

12.5. If access to the Online Service was terminated in accordance with Clause 12.3 and 12.4 of this Adhesion Contract the access to the Online Service will be restored after the Uklon Partner pays Uklon the fee due for access to the Online Service and the late interest in full. If the Uklon Partner does not wish to resume access to the Online Service within five (5) calendar days following the day when the access was terminated, Uklon may terminate this Adhesion Contract unilaterally.

12.6. If the Uklon Partner cancels the Orders accepted by them, Uklon shall use the following corrective actions: a warning in the case of the first cancellation; a fine of UAH 30.00 in the case of the second cancellation, and a fine of UAH 60.00 in the case of the third and each subsequent cancellation.

12.7. If the Uklon Partner makes presses the SOS button without a valid reason and/or erroneously, Uklon shall use the following corrective actions: a warning in the case of the first SOS call; a fine of UAH 30.00 in the case of the second SOS call, and a fine of UAH 60.00 in the case of the third and each subsequent SOS call.

12.8. If the Uklon Partner increases the transportation fare quoted in the Order, Uklon may charge the Uklon Partner a fine equal to the sum by which the transportation fare charged exceeds the fare quoted in the Order.

12.9. If Uklon suffers any losses resulting from a violation of the Terms and/or the Rules of Cooperation posted on the Website by the Uklon Partner and/or persons engaged by the Uklon Partner, the Uklon Partner shall, upon Uklon’s request, pay a fine of up to UAH 100,000.00. Uklon will determine the amount of the fine to be so charged at its sole discretion.

13. FORCE MAJOR

13.1. No Party shall be liable for non-performance or improper performance of its obligations if the non-performance or improper performance is caused by force majeure.

13.2. Force majeure shall include, but shall not be limited to (1) fire, flood, earthquake, explosion, storm, landslide, epidemic, and other natural phenomena and natural disasters, and (2) hostilities, strikes, payment system failures, the adoption of a decision preventing the proper performance of this Adhesion Contract by a public authority or local government, etc.

14. PERSONAL DATA

14.1. All matters related to the collection, use, processing, and protection of personal data of the Uklon Partner shall be governed by a separate Regulation on the processing and protection of personal data posted on the Website. Uklon, as the controller of personal data, may engage a processor to process the personal data on its behalf in accordance with a written contract.

15. OTHER PROVISIONS

15.1. This Adhesion Contract shall be freely available on the Website. The Adhesion Contract shall enter into force and be binding on Uklon following its publication on the Website and shall become binding on the Uklon Partner following its acceptance by the Uklon Partner.

15.2.  The Adhesion Contract may be made with any individual who has reached the age of majority and has the full legal capacity and legal standing. The Adhesion Contract may be made with any legal entity established under the laws of Ukraine, or the laws of any other state, or international rules.

15.3. This Adhesion Contract shall be deemed entered into at the registered office of Uklon. The interpretation, validity, and performance of this Adhesion Contract as well as all non-contractual obligations arising out of or in connection with this Adhesion Contract, shall be governed by the law of the Republic of Cyprus.

15.4. The parties shall resolve any disputes or disagreements arising out of or in connection with this Adhesion Contractor its conclusion, performance, or termination through negotiations. If the parties fail to resolve 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 dispute or disagreement, then such dispute may be referred to the competent court in accordance with the jurisdiction provided for by the legislation of the Republic of Cyprus.

15.5. Nothing in this Adhesion Contract creates any legal relationship (including employment or representation relationship) between Uklon and the Uklon Partner and/or any third parties, other than the relationships set out in this Adhesion Contract.

15.6. If any provision of this Adhesion Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be amended to make it valid, enforceable, and reflect the intentions of the parties.

15.7. Uklon shall be the sole owner of the database resulting from the provision of Uklon services, and the Uklon Partner shall not have any rights or authority over it, including the right to register the database in accordance with the Law.

15.8. This Adhesion Contract is made in the Ukrainian language, and its versions in the Russian and English languages are provided solely for information purposes. In the event of any discrepancies between the original version of this Adhesion Contract in Ukrainian and the version in another language, the provisions of the original version shall prevail.

16. DETAILS:

UKLON LTD
Registration number: HE 357185
Address: 12, Dimostheni Severi, Office 601, 1080, Nicosia, Cyprus

e-mail: support@uklon.eu

Published on December 13, 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.

UKLON CARE NON-GOVERNMENTAL ORGANIZATION, EDRPOU code: 44710031, location: 20B Bandery Stepana Av., Kyiv, 04073, Ukraine (hereinafter referred to as the “Transportation Organizer” or “UKLON CARE NGO”) offers the Uklon Online Service Users who, due to specific health conditions associated with the musculoskeletal disorder, or who have limited mobility or have limited physical capabilities for other reasons and in connection with this need special conditions of transportation with the option of placing a wheelchair in a vehicle (hereinafter referred to as the “Inclusive Class Users”), who are endowed with a sufficient amount of rights and powers, to receive services for the organization of transportation of passengers in a specially equipped passenger motor vehicle in accordance with the provisions of this Agreement.

UKLON CARE NGO is a non-profit organization that carries out business activities in the organization of transportation for Inclusive Class Users without the purpose of making a profit.

The cost of the Services under this Agreement is set by the Transportation Organizer based on the actual expenses associated with the organization of the transportation of the Inclusive Class Users and may not exceed the cost necessary to cover such expenses.

Income from the economic activity of UKLON CARE NGO or its part is not distributed among the founders (participants within the meaning of the Civil Code of Ukraine), members of the organization, employees (except for the payment of their labor and the accrual of a single social contribution), members of management bodies, and other related persons. The income of the non-profit UKLON CARE NGO is used exclusively for financing expenses for its maintenance, the implementation of the goals (objectives, tasks), and activities defined by the charter of UKLON CARE NGO.

This Agreement is public in accordance with Articles 633 and 641 of the Civil Code of Ukraine, and its conditions are the same for all Inclusive Class Users, unconditional acceptance of the conditions of which is considered acceptance of this offer, for which the Transportation Organizer publishes this Agreement as follows:

1. GENERAL PROVISIONS

1. 1 Each Party warrants to the other Party that it has the necessary legal capacity as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with the terms and conditions hereof.

1. 2 The current version of this Agreement is posted on the web page of the Transportation Organizer at https://uklon.com.ua/user-agreement and is mandatory for review by the Inclusive Class User.

1. 3 Services under this Agreement shall be provided within the city of Kyiv, Ukraine.

1. 4 Organization of the transportation of Inclusive Class Users shall be carried out with the technical support of UKLON UKRAINE LLC (20B S. Bandery Av., Kyiv, 04073; EDRPOU code: 44293344) (hereinafter referred to as the “Administrator”) based on the Uklon Online Service, which 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 will provide automated monitoring, collection, processing, distribution, storage, presentation of data about the order by Inclusive Class Users of services for the organization of passenger transportation (hereinafter referred to as the “Uklon Online Service”).

1. 5 Access of the Inclusive Class Users to the Uklon Online Service shall be carried out through:

the Administrator`s Website — a web page on the Internet at https://uklon.com.ua.

the 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 Inclusive Class User for temporary use by the end user for its functional purpose as a tool for obtaining access to the Online Service in accordance with the Inclusive Class User Agreement.

1. 6 By entering into (accepting) this Agreement, the Inclusive Class User confirms that he/she has read and accepted the terms and conditions of the Inclusive Class User Agreement posted on the Administrator`;s Website at https://uklon.com.ua/user-agreement and/or in the Mobile Application.

1. 7 By choosing the Inclusive Class among the functionality of the Uklon Online Service, the User thereby confirms that he/she is a person with a disability who has a musculoskeletal disorder, and/or is a person with limited mobility, and/or has limited physical capabilities for other reasons, and therefore, he/she moves with the help of a wheelchair and needs to receive passenger transportation services by a specially equipped passenger motor vehicle.

1. 8 The Inclusive Class User, by placing an order for transportation in the Inclusive Class, confirms that he/she is placing the order for personal purposes and that such an order is not related to any commercial activity.

2. SUBJECT MATTER OF THE AGREEMENT

2. 1 In accordance with the terms and conditions of this Agreement, the Transportation Organizer undertakes to provide services for the organization of transportation of the Inclusive Class User and his/her luggage (hereinafter referred to as the “Services”), and the Inclusive Class User undertakes to pay for the Services of the Transportation Organizer.

2. 2 Transportation under this Agreement shall be carried out by a carrier/carriers who have a valid license for the transportation of passengers by passenger motor vehicle (hereinafter referred to as the “Carrier”) and provide transportation services for Inclusive Class Users at the request of the Transportation Organizer under an agreement concluded with the Transportation Organizer.

3. AGREEMENT CONCLUSION PROCEDURE

3. 1 The Agreement shall be deemed concluded between the Inclusive Class User and the Transportation Organizer in the form of an accession agreement (Article 634 of the Civil Code of Ukraine).

3. 2 Acceptance of the terms and conditions of the Agreement shall mean full and unconditional acceptance by the Inclusive Class User of all the terms and conditions of the Agreement, without any exceptions and/or limitations, and shall be equivalent to the conclusion of a bilateral written Agreement on the provision of Services to the Inclusive Class User.

3. 3 After reviewing the terms and conditions of this Agreement set out on the website of the Transportation Organizer at https://uklon.com.ua/user-agreement, the Inclusive Class User shall accept the Agreement by taking conclusive actions, namely by placing an order using the technical capabilities and functionality of the Uklon Online Service, including by clicking the “Order” button on the Uklon Website and/or in the Mobile Application when placing an order for transportation in the Inclusive Class.

3. 4 Actions specified in clause 3. 3. of this section that are performed by the Inclusive Class User, indicate that the Inclusive Class User is familiar with this Agreement and agrees with the terms and conditions hereof in full.

3. 5 The term of acceptance shall be unlimited.

3. 6 The Agreement shall be deemed concluded and enters into force once it is accepted, and it shall be valid for the entire period of receiving the Services, or until the moment of its termination, in accordance with the legislation of Ukraine.

3. 7 The conclusion of the Agreement shall mean that the Inclusive Class User:

– to the extent necessary for him/her, has familiarized himself or herself with the rules for the provision of Services;

– before ordering the Service, has received full and comprehensive information about the Service, and agrees to receive it in accordance with the procedure and under the conditions stipulated in this Agreement and the application for the organization of transportation;

– accepts all the terms and conditions of the specified Agreement without comment.

4. SETTLEMENT PROCEDURE

4. 1 Transportation organization services provided to the Inclusive Class User shall be subject to payment in accordance with the cost of the Services, which is posted in the Mobile Application and on the Website, and which is brought to the attention of the Inclusive Class User and confirmed by the last placing of an order for transportation in the Inclusive Class.

4. 2 Payment for the Services, as well as other financial obligations of the Inclusive Class User to the Transportation Organizer that may arise in accordance with the requirements of this Agreement, can be made using a bank card through the Mobile Application or on the Administrator`s Website. At the same time, the Inclusive Class User shall automatically go to the site of the corresponding payment system and enter his/her personal data and bank card data directly on the website of this payment system. The Transportation Organizer shall not store or transfer bank card data of the Inclusive Class Users.

4. 3 Payment for the Services, as well as other financial obligations of the Inclusive Class User to the Transportation Organizer, which may arise in accordance with the requirements of this Agreement, may be made in another way not prohibited by law. In terms of payment for the services, the Carrier performing the transportation may act on behalf of, at the expense of, and in the interest of the Transportation Organizer in order to ensure payment for the Services.

4. 4 The Inclusive Class User hereby confirms that he/she is aware that the amount of payment for the Services shall be determined based on the actual expenses of the Transportation Organizer related to the provision of Services. The Transportation Organizer is a non-profit organization, and therefore the provision of Services hereunder is not aimed at obtaining any profit by the Transportation Organizer. The Transportation Organizer shall provide services under this Agreement within the scope of its statutory activities. The main purpose of the Transportation Organizer hereunder is to ensure the possibility of Inclusive Class Users, who have special needs due to their health, to move with the help of specially equipped passenger motor vehicles.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5. 1 Rights of the Transportation Organizer:

– to choose and change the route of movement at its own discretion;

– to change the conditions of the provision of Services by posting information in advance on the website of the Transportation Organizer;

– to postpone or cancel the execution of the order (trip) for technical reasons, in connection with adverse weather conditions, or for other reasons beyond the control of the Transportation Organizer;

– to refuse to provide services to the Inclusive Class User in the event that the Inclusive Class User owes payment for the Services.

5. 2 Obligations of the Transportation Organizer:

– to properly provide the Services;

– in the event of cancellation or significant changes to the conditions of the provision of Services (if, as a result of such changes, the Inclusive Class User waives the order), to return the funds received as an advance payment to the Inclusive Class User;

– to provide advice on issues arising from the Inclusive Class User regarding the provision of Services;

– to keep the information received from the Inclusive Class User confidential;

– to use all means dependent on it for the transportation and delivery of the Inclusive Class User and his/her luggage to the destination in a reasonable time.

5. 3 Rights of the Inclusive Class User:

– to receive advice on issues arising in connection with the provision of Services;

– to demand confidentiality in relation to the information provided when making the payment.

5. 4 Obligations of the Inclusive Class User:

– to comply with the terms and conditions of this Agreement during the entire period of the provision of Services;

– to pay for the Services provided in accordance with the procedure specified herein;

– at the request of the Transportation Organizer, to provide documents and reliable information regarding whether the Inclusive Class User has an objective need for transportation by motor vehicle of the Inclusive Class specially equipped for the transportation of persons with musculoskeletal disorders who move with the help of wheelchairs;

– to provide the Transportation Organizer and the Carrier with other information and documents necessary for the proper provision of Services;

– during the provision of Services, to diligently follow the recommendations of the Transportation Organizer and the Carrier.

6. LIABILITY OF THE PARTIES

6. 1 The Transportation Organizer shall not be liable for:

– the delay, cancellation, transfer, or change of the conditions of provision of Services, if such changes were caused through no fault of the Transportation Organizer;

– expenses incurred by the Inclusive Class User as a result of late arrival at the destination;

– things left or forgotten in the vehicle;

– any damages incurred by the Inclusive Class User as a result of the illegal activity of any private person (including traffic participants);

– late delivery of the vehicle, which occurred as a result of force majeure circumstances (including, but not limited to, weather conditions, traffic jams, actions of state authorities, etc., as well as actions of third parties that affect the proper performance by the Transportation Organizer or the Carrier of their obligations), or other circumstances (technical issues of the vehicles on the way to the place of delivery), which the Transportation Organizer, despite the measures taken, could not have foreseen nor prevented;

6. 2 The Inclusive Class User shall be liable for:

– providing unreliable data when ordering the Services;

– causing material damage to the property of the Transportation Organizer or the Carrier during the execution of the order.

6. 3 The Parties have agreed that any disputed issues that may arise in connection with the implementation of this Agreement will be resolved through negotiations.

6. 4 If the Parties cannot reach an agreement on disputed issues through negotiations, these issues shall be resolved in accordance with the legislation of Ukraine.

7. FINAL PROVISIONS

7. 1 The Inclusive Class User warrants that he/she understands all the terms and conditions of this Agreement and accepts them unconditionally and in full.

7. 2 On issues not regulated by this Agreement, the Parties undertake to be guided by the legislation of Ukraine.

7. 3 All the terms used in this Agreement, but not defined herein, shall have the meaning given in the Inclusive Class User Agreement and in the User Agreement for providing access to the Uklon Online Service that are posted on the Administrator`s Website.

Transportation Organizer’s details

NGO “UKLON CARE”

Ukraine, 04073, Kyiv City, 20B, Bandery Stepana ave.

Registration number: 44710031

IBAN UA253006140000026007500502258

JSC «Credit Agricole Bank»

Bank number: 300614

Version effective date: October 26, 2023

Public Offer

on Making Charitable Donation

 1. This Public Offer on Making Charitable Donation (hereinafter referred to as the «Offer»), in accordance with Art. 641 of the Civil Code of Ukraine, is a proposal of the NONPROFIT ORGANIZATION «UKLON CARE», legal entity identification code 44710031, located at the address: Ukraine, 04073, Kyiv, Bandery Stepana Avenue, building 20B (hereinafter – the “Organization”), represented by the Head of the Organization Serhii Anatoliiovych Smus, who acts on the basis of the Charter, to an indefinite circle of individuals with full legal capacity and private legal entities which/who voluntarily carry out charitable activities (hereinafter, each such person is a “Benefactor”), to enter into an agreement on the provision of a Charitable Donation (hereinafter – the «Agreement») on the terms described in this Offer, with each Benefactor who applies.

2.  This Offer enters into force from the moment it is posted on the webpage of the Organization on the Internet at the link: https://uklon.com.ua/user-agreement (hereinafter – the «Website»). This Offer is open-ended and may be changed or withdrawn by the Organization at any time (prior to its acceptance by the Benefactor) by posting relevant information on the Website.

3.  Benefactor and Public Organization, guided by Art. 207, Part 2 of Art. 639, Art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance, the Agreement is considered concluded in writing. At the same time, the Parties agree that the Parties’ failure to comply with the written form of the transaction does not mean its invalidity.

4.  Acceptance – full and unconditional acceptance of the Offer by taking actions to make a money transfer using the payment forms and means placed on the Website, as well as by transferring funds to the current bank account of the Organization. The moment of Acceptance is the date of money transfer and/or crediting of funds to the bank account of the Organization. Acceptance means that the Benefactor agrees with all its provisions, he is fully aware of and agrees with the subject of the Agreement and with the purpose of public collection of donations.

5.  Charitable Donation – voluntary transfer of funds by the Benefactor to the Organization for the achievement of certain, pre-arranged activity purposes, in accordance with the Agreement and the Law of Ukraine “On Public Associations”.

6.  Fondy is a payment service provided by Financial Company Elaiens LLC (identification code: 38905834), created for large and small businesses, intended for making payments between individuals, legal entities and/or individual entrepreneurs on the Internet using personal computers and/or other mobile devices.

7.  Way For Pay is a payment service provided by Financial Company Way For Pay LLC (identification code: 39626179), created for large and small businesses, intended for settlement between individuals, legal entities and/or individuals – by entrepreneurs on the Internet using personal computers and/or other mobile devices.

8.  Subject of the contract

The subject of this Agreement is the free and voluntary transfer of funds by the Benefactor into the ownership of the Organization, by making voluntary donations for the implementation of the statutory activities of the Organization.

The Benefactor independently determines the size of the Charitable Donation.

The Organization independently determines the directions for the use of the Charitable Donation within the framework of its own statutory activity, unless otherwise determined by the Benefactor in accordance with the procedure specified in this Agreement.

The subject of this Agreement is not directly or indirectly receiving profit by any of the Parties to the Agreement.

The Benefactor’s transfer of funds under this Agreement is recognized as a Charitable Donation in accordance with Art. 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

9.  The Organization has the right to:

10.  The Organization is obliged to:

11.  The Benefactor has the right to:

12.  Statutory activity of the Organization

The Organization is a non-entrepreneurial entity, the main purpose of which is not to make a profit. The main goal of the Organization is: implementation and protection of rights and freedoms, satisfaction of public, in particular economic, social, cultural, environmental and other interests of citizens of Ukraine. The main areas of activity of the Organization include, but are not limited to:

13.  Making a donation

13.1  Irregular Charitable Donations

The Benefactor on his/her sole discretion determines the size of the Charitable Donation. The Charitable Donation is voluntary and is not subject to further return to the Benefactor except in the cases stipulated by this Agreement and the legislation of Ukraine.

The Charitable Donation is transferred to the ownership of the Organization to achieve its statutory goals. Periodically, the Organization initiates new charitable and social projects, supports existing ones and independently resolves the issue of their duration and proportionality of funding in relation to other charitable projects of the Organization.

In the case of making a donation for the implementation of a specific charitable project announced by the Organization, it is used for the implementation of such a project. At the same time, the Organization has the right to change the goals and procedure of using the charitable donation, including changing the project.

13.2  Regular Charitable Donations

The Benefactor can choose a fixed amount of the Charitable Donation, which will be debited every time the Benefactor places an order in the Uklon application (Regular Charitable Donation). The size of the Regular Charitable Donation is arbitrary and determined at the discretion of the Benefactor.

Terms of use of the Uklon application are posted on the website https://uklon.com.ua. The Benefactor independently enters into legal relations, accepts rights and acquires obligations in connection with the use of the Uklon application. By agreeing to this Offer, the Benefactor confirms that the Organization is not a party to such legal relations.

Regular Charitable Donations received by the Organization are transferred to the following charitable organizations in the amount and/or proportions determined at the discretion of the Organization to fulfill the statutory goals of such charitable organizations, including to support the projects of these organizations with the aim of helping enterprises, institutions and organizations, including, but not exclusively to legal entities that are part of or subordinate to the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the National Guard of Ukraine, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Service of Ukraine, involved in repelling and deterring armed aggression, ensuring national security and defense of Ukraine:

  1. CHARITABLE ORGANIZATION “INTERNATIONAL CHARITABLE FOUNDATION “COME BACK ALIVE”, address: Ukraine, 01030, Kyiv, Bohdana Khmelnytskogo Street, building 32, office 41, EDRPOU code 39696398;
  2. CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION OF SERHIY PRYTULA”, address: Ukraine, 01135, Kyiv, str. Zolotoustivska, 47-49,152, EDRPOU code 43720363;
  3. CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “DIGNITAS”, address: Ukraine, 03039, Kyiv city, Holosiivska street, building 5, apartment 59, EDRPOU code: 44943914.

The Benefactor has the right at any time in the Uklon application to cancel the Regular Charitable Donation, change the amount of the Regular Charitable Donation or change the details of the bank card from which the Regular Charitable Donation is debited.

13.3  All expenses for the payment of sums (commissions) related to the transfer and crediting of the donation are borne by the Benefactor.

14.  Place of collection of Charitable Donations

Public collection of donations is carried out on the territory of any country in the world. The direct activity of the Organization related to the public collection of donations under the Agreement is carried out at the location of the Organization.

 15.  Term of collection of Charitable Donations

The public collection of Charitable Donations continues until the liquidation of the Organization, unless another term is determined by the Organization.

16.  Payment details

When paying a Charitable Donation by bank card, payment processing (including entering the card number) takes place on a secure page of the Fondy and/or Way For Pay processing system. This means that confidential data (card details, registration data, etc.) are not sent to the Website, their processing is completely protected and no one can obtain the Benefactor’s personal and bank data.

When working with card data, the information protection standard developed by the international payment systems Visa and MasterCard – Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures safe processing of details of the Benefactor’s bank card. The applied data transmission technology guarantees the security of transactions with bank cards by using Secure Sockets Layer (SSL), Verified by Visa, SecureCode protocols and closed banking networks with a higher degree of protection.

17.  By making a Charitable Donation, the Benefactor unconditionally affirms (i) his legal capacity, (ii) the voluntary nature of the deed, (iii) that the subject of the Charitable Donation is not subject to a ban, arrest, lien, is not encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine “On prevention and countermeasures against the legalization (laundering) of criminal proceeds, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.” In the event that the Organization has reasonable doubts about these statements, the Organization has the right to ask, and the Benefactor undertakes to provide appropriate supporting evidence of these statements.

18.  Final provisions

The provisions of the current legislation of Ukraine apply to the relationship between the Benefactor and the Public Organization.

The Organization’s liability for violation of this Agreement or the procedure for the use of Charitable Donations occurs on the grounds, in the amount and in the manner determined by the requirements of the current legislation of Ukraine.

In the event of disputes between the parties to this Agreement, they must be resolved through negotiations. If it is impossible to resolve disputes through negotiations, disputes are considered by courts in the manner established by the current legislation of Ukraine.

The Organization has the right to unilaterally change or update the terms of this Offer at any time. All changes in this Offer, the new edition of the Offer come into force from the moment they are published on the Website.

19.  Contact details

Name: NONPROFIT ORGANIZATION «UKLON CARE»

Location: Ukraine, 04073, city of Kyiv, Bandery Stepana Avenue, building 20B

Email: care@uklon.com.ua

The edition is effective from 8 April 2023

Public Offer

for Providing Access to Online Service (Software Products Provision)

LIMITED LIABILITY COMPANY “UKLON UKRAINE”, hereinafter referred to as “UKLON”, represented by Serhii Mykolayovych Hryshkov, Director, acting on the basis of the Charter, in accordance with Articles 633, 634 of the Civil Code of Ukraine, of the one part, and

any individual or legal entity, hereinafter referred to as “UKLON PARTNER”, which accepts this Public Offer for Providing Access to Online Service (the “Agreement”), of the other part, hereinafter collectively referred to as the “PARTIES”, and each individually the “PARTY”, have concluded this agreement as follows:

PREAMBLE

The information provided herein shall be an official offer (public offer) to any person to enter into the Agreement for Providing Access to Online Service. This Agreement is public in accordance with the provisions of Article 633 of the Civil Code of Ukraine. This Agreement shall also be considered an accession agreement within the meaning of Part 1 of Article 634 of the Civil Code of Ukraine, the terms and conditions of which are set and published by UKLON on the Site, and which may be concluded only by full and unconditional acceptance (accession) of UKLON PARTNER to the proposed Agreement as a whole.

The Agreement shall establish the general conditions and procedure, according to which UKLON PARTNER obtains access to the Online Service.

UKLON PARTNER shall be deemed to have accepted the terms and conditions hereof in full, without any restrictions, reservations or exceptions from the moment of its acceptance. Amendments hereto shall not imply termination or refusal of UKLON PARTNER to access the Online Service.

By entering this Agreement, UKLON PARTNER shall confirm that he/she has fully and completely read and agrees with its terms and conditions.

The Parties shall understand that the Online Service is accessed by downloading and using a computer program (Mobile Application), as well as by entering the relevant data and using the software functions of the Site.

1. TERMS AND DEFINITIONS

1. 1. UKLON shall mean a legal entity under the laws of Ukraine – LLC “UKLON UKRAINE”, which provides UKLON PARTNER with access to the Online Service in accordance herewith.

1. 2. UKLON PARTNER shall mean an individual or legal entity accessing the Online Service via the Site and Mobile Application. UKLON PARTNER shall bear all risks associated with accessing and using the Online Service by any third party that is not authorized to do so.

1. 3. Online Service «Uklon Driver» (Online Service or Technological Platform) shall mean a technological platform realized as an interconnected set of computer programs and electronic data in the form of digits, letters, symbols, images and their combinations (including graphic information, video information, etc. ), designed for automated monitoring, collection, processing, distribution, storage, presentation of data about the Order, which have been placed on it by the Users, automatic calculation of the value of the Order, taking into account the supply and demand ratio, weather conditions, route and its load, etc., and which automatically builds-up routes and provides data exchange for communication with the User, and allows Uklon Partner to accept or reject the relevant Orders at their own discretion, publish its location data, provide estimates to the Users and interact with them, use the routes built-up by the program in real time as provided by the available functionality of the Online Service. The Online Service is the result of computer programming related to software products.

1. 4. User shall mean any legally capable person above 18 (eighteen) years of age or a legal entity that has placed an Order using the Uklon Mobile Application or site: uklon. com. ua.

1. 5. Order shall mean the User’s order for the provision of the Services structured by the required details.

1. 6. Website shall mean a web page on the Internet at URL: uklon. com. ua. The Site is the result of computer programming related to software products.

1. 7. Mobile Application shall mean a copy of the computer program in the form of a mobile application for iOS, Android mobile devices titled «Uklon Driver», which is provided by UKLON to UKLON PARTNER for temporary use (during the term of Agreement) for the functional purpose of the end user as a tool to access the Online Service.

1. 8. Public Offer shall mean a proposal of UKLON, published on the Website and addressed to an indefinite number of individuals or legal entities, to enter into this Agreement through its Acceptance.

1. 9. Acceptance shall mean a full, unconditional and implicit acceptance by UKLON PARTNER of the terms and conditions of the Public Offer. By accepting the Public Offer, UKLON PARTNER shall confirm that he/she has read and fully, unconditionally and ultimately agreed with all the terms and conditions hereof, as well as his/her desire to accede hereto.

1. 10. Internal Balance shall mean a section of the account (personal account) that reflects the amount of money that was paid by UKLON PARTNER or by third parties on behalf and in the interest of UKLON PARTNER to UKLON as in advance payment for access to the Online Service or for other services provided by UKLON to UKLON PARTNER in accordance with the terms of this Agreement.

1. 11. Services shall mean services for transporting passengers by vehicle transport, services for transporting passengers by vehicle transport in one direction (shared trip), services for driving the User&`s vehicle (“driver” service), courier delivery services.

2. SUBJECT MATTER

2. 1. UKLON shall provide hereunder UKLON PARTNER with access to the Online Service, which is provided via Internet on the Website and/or via Mobile Application for a fee established herein , in the city of Kyiv and its suburbs.

2. 2. Access to the Online Service shall be provided to UKLON PARTNER exclusively for its interaction with UKLON for the purpose of processing and implementation of the Orders and automatic building-up of optimal routes as provided by the available for use functionality of the Online Service. In which case, UKLON PARTNER shall be granted a non-exclusive intellectual property right to use the Online Service (Technology Platform) and the objects of intellectual property rights included therein, in particular 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. UKLON PARTNER shall decide at its discretion whether or not to accept the Order for implementation. Upon acceptance of the Order, UKLON PARTNER shall undertake to pay UKLON the fee provided herein in accordance with clause 4. 1 hereof.

2. 4. The full and unconditional Acceptance of the valid Public Offer in accordance with Article 642 of the Civil Code of Ukraine shall be the fact that UKLON PARTNER makes a payment at the expense of the fee for access to the Online Service.

2. 5. The Acceptance moment of the valid Public Offer, which is defined in clause 2. 4 hereof, shall be deemed the moment of concluding the Agreement. The Agreement concluded through the acceptance of the public offer shall be legally valid in accordance with Article 642 of the Civil Code of Ukraine and equivalent to the agreement signed by the parties.

2. 6. To gain access to the Online Service, UKLON PARTNER registers via Website or Mobile Application. As a result, a unique account (personal account) is created, which provides access to the Online Service.

2. 7. While registering, UKLON PARTNER is mandated to provide reliable information about him/herself by filling out the appropriate registration form. If UKLON PARTNER provides inaccurate information during registration or later when using access to the Online Service, UKLON is entitled to suspend or cancel the account (registration) of UKLON PARTNER without prior notification or obtaining any consent from UKLON PARTNER.

2. 8. In the event that the actions of UKLON PARTNER may lead to the violation of any norms and rules of applicable legislation or human rights, as well as the possibility of claims against UKLON or the involvement of UKLON in responsibility for the actions of UKLON PARTNER, UKLON has the right to block the actions of the UKLON PARTNER immediately, and suspend or cancel the account of UKLON PARTNER without prior notice or obtaining any consent from UKLON PARTNER.

2. 9. During registration in the Online Service, UKLON PARTNER is required to enter a unique password. At the same time, UKLON PARTNER bears full responsibility for the provided password&`s reliability and its account&`s protection.

2. 10. If a third-party gains access to UKLON PARTNER account, UKLON PARTNER shall immediately notify UKLON to take appropriate action, provided that UKLON PARTNER can confirm its legal ownership.

2. 11. 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 loss by UKLON PARTNER of confidential information about his personal data (login, password, registration code). This provision applies to UKLON PARTNER&`s voluntarily transferring personal data information to third parties and to UKLON PARTNER loss of confidential personal data information against its will.

2. 12. Registration of an account by a UKLON PARTNER who is a legal entity or an individual entrepreneur (hereinafter referred to as a Transportation company). After concluding a separate agreement, the Transportation company can independently register accounts for its employees and/or service providers. In such case, the Transportation 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 Transportation 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. Disabling inactive accounts. In order to avoid inefficient distribution of resources, UKLON has the right to delete (close) the account of UKLON PARTNER if UKLON PARTNER does not use the account for 2 (two) years in a row, including, but not exclusively, does not authorize in the personal account.

3. RIGHTS AND OBLIGATIONS

3. 1. UKLON PARTNER shall:

3. 1. 1. fulfil all accepted Orders;

3. 1. 2. fulfil the Orders only using transport that is being in proper technical condition, taking into account the period of operation, mileage of the transport and seasonality;

3. 1. 3. carry out maintenance of the transport with which the Orders are fulfilled;

3. 1. 4. comply with the passenger transportation rules defined by the laws of Ukraine;

3. 1. 5. obtain and keep up to date all the necessary permits defined by the laws of Ukraine on the provision of services for domestic transportation of passengers by cars;

3. 1. 6. transfer neither the right nor the possibility of access to the Online Service to any third party;

3. 1. 7. perform on time and in full payments for access to the Online Service;

3. 1. 8. provide UKLON with the necessary information related to the execution of the terms and conditions hereof;

3. 1. 9. in case of refusal without valid reasons to implement the accepted Order, notify UKLON thereof. Otherwise, the Agreement may be unilaterally terminated by UKLON;

3. 1. 10. comply with the Standard Cooperation Requirements posted on the Website under Conduct and Communication Requirements and Vehicle Requirements links;

3. 1. 11. while executing 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”;

3. 1. 12. in case of receiving in the Mobile Application the message regarding the need to return the shipment to the User (sender) during the execution of the Order for courier delivery service, to return such shipment to the User;

3. 1. 13. provide service to Users in the official language;

3. 1. 14. play music in the car only upon obtaining the consent of all Users;

3. 1. 15. refrain from taking 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 UKLON PARTNER during the fulfilment of the Order, for their own personal purposes or in the interests of third parties.

3. 2. UKLON PARTNER shall be entitled to:

3. 2. 1. access the Online Service and use it in accordance with the terms and conditions hereof;

3. 2. 2. receive from UKLON the necessary clarifications related to the fulfilment of its obligations hereunder;

3. 2. 3. in case of detection by UKLON PARTNER when performing courier delivery items prohibited for transportation under the applicable laws of Ukraine, refuse the transportation and delivery of such items;

3. 2. 4. withdraw his/her consent to 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. UKLON shall:

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

3. 3. 2. require UKLON PARTNER to comply with the appropriate level of services provided to Users.

3. 4. UKLON shall be entitled to:

3. 4. 1. check the compliance by UKLON PARTNER with the terms and conditions hereof;

3. 4. 2. in case of non-fulfilment or improper fulfilment by UKLON PARTNER of the terms and conditions hereof, demand elimination of the violations;

3. 4. 3. refuse UKLON PARTNER to enter into this Agreement or terminate it unilaterally without notice in case of non-compliance or violation by UKLON PARTNER of the Terms and/or Rules of Cooperation published on the Website;

3. 4. 4. terminate this Agreement unilaterally or temporarily suspend access to the Online Service without notice in the event that UKLON PARTNER commits fraudulent and/or other actions that violate the laws of Ukraine;

3. 4. 5. insure the life and health of UKLON PARTNER during the implementation of the Order. The insurance shall be provided by UKLON at its own expense, UKLON PARTNER shall make no insurance payments. The choice of an insurance company and insurance conditions shall be determined at the discretion of UKLON, with which UKLON PARTNER agrees.

4. FEE AND PAYMENT PROCEDURE

4. 1. The amount of the fee payable to UKLON for providing access to the Online Service shall be:

4.1.1. 21% of the cost of Service specified in the Order.

4. 2. Payment for access to the Online Service shall be made by UKLON PARTNER through payment terminals or by wireless payment to the bank account of UKLON. UKLON PARTNER has the right to make in advance payment for providing access to the Online Service.

4. 3. The specified fee may be changed by UKLON temporarily or permanently at UKLON`S discretion, by notifying the UKLON PARTNER within 15 calendar days before the change takes effect.

4. 4. The UKLON PARTNER pays UKLON a fee for providing 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 properly provided by UKLON and accepted by the UKLON PARTNER.

4. 5. 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.

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

5. 1. This Agreement shall be concluded for an indefinite period and may be terminated unilaterally by either of the Parties with prior notice to the other Party 5 (five) days before the date of termination.

5. 2. If within 1 (one) year from the moment of making the last payment for access to the Online Service UKLON PARTNER has not made any more payments, this Agreement shall be deemed terminated. This provision shall not deprive UKLON PARTNER of the right to apply to UKLON for the purpose of concluding this 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 amendments to the Agreement or publication of an updated version of the Agreement.

6. LIABILITY OF PARTIES

6. 1. For non-fulfilment or improper fulfilment of the obligations, provisions or terms and conditions hereof, the Parties shall be held liable in accordance with the applicable laws of Ukraine, unless otherwise provided herein.

6. 2. In the event UKLON PARTNER violates its obligations to make any payments hereunder, UKLON shall be entitled to demand from UKLON PARTNER, and the latter shall undertake, within 10 (ten) calendar days from the date of receipt from UKLON of the relevant notice of payment, to pay in favour of UKLON a forfeit in the amount of the double key policy rate of the National Bank of Ukraine of the overdue amount for each day of delay.

6. 3. In the event UKLON PARTNER violates its obligations to make payments hereunder, UKLON shall be entitled to terminate access of UKLON PARTNER to the Online Service without notice.

6. 4. Termination of access to the Online Service by UKLON for the reasons specified in clause 6. 3 hereof shall not release UKLON PARTNER from the fulfilment of the obligations arising before such termination of access to the Online Service, as well as payment of the forfeit in favour of UKLON.

6. 5. In the event of termination of access to the Online Service in accordance with clauses 6. 3, 6. 4 hereof, to resume the provision of such access UKLON PARTNER shall pay the cost of access to the Online Service and the forfeit to UKLON in full. In the event UKLON PARTNER does not wish to resume access to the Online Service within 5 (five) calendar days from the date of termination of such access, UKLON shall be entitled to terminate unilaterally this Agreement.

6. 6. In the event of cancellation by UKLON PARTNER of the accepted Orders, UKLON shall apply the following corrective measures: first cancellation – warning, second cancellation – penalty in the amount of UAH 50. 00, third cancellation and more – penalty in the amount of UAH 100, cancellation of the Order to the Boryspil airport and/or in the opposite direction – penalty in the amount UAH 300 for each case of cancellation.

6. 7. In the event UKLON PARTNER unreasonably and/or incorrectly presses the SOS button, which is intended exclusively for emergencies during the implementation of the Orders, UKLON shall apply the following corrective measures: first call – warning, second call – penalty in the amount of UAH 50. 00, third call and more – penalty in the amount of UAH 100. 00 for each case.

6. 8. If UKLON PARTNER increases the cost of transportation specified in the Order, UKLON shall be entitled to charge UKLON PARTNER penalty in excess of the cost of transportation 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 cancelled 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 transportation services concluded between the UKLON PARTNER and the User.

6. 11. All complaints and claims arising in any respect to the services of transportation, delivery, are accepted and considered with the help of service (information) support of UKLON. If under results of consideration Users’ complaints and claims it turns out that UKLON PARTNER is guilty of quality of provided services, UKLON PARTNER is fully responsible for the violation of the quality of services which have arisen through its fault.

7. FORCE-MAJEURE

7. 1. Neither party shall be liable for non-fulfilment or improper fulfilment of its obligations if such non-fulfilment or improper fulfilment is caused by the force-majeure.

7. 2. The force-majeure shall but not limited to include: (1) fire, flood, earthquake, explosion, storm, landslide, epidemic and other natural phenomenae, and natural disasters; (2) also warfare, strikes, failures in the operation of payment scheme, failure in the operation of telecommunication systems, adoption by the government or local authorities of a decision making it impossible to properly implement this Agreement, etc.

8. PERSONAL DATA

8. 1. All issues related to the collection, use, processing, and protection of personal data of UKLON PARTNER shall be governed by a separate Privacy Policy published on the Site.

9. MISCELLANEOUS

9. 1. This Agreement shall be freely available on the Website. The Agreement shall enter into force for UKLON from the moment of its publication on the Site, for UKLON PARTNER from the moment of its Acceptance.

9. 2. The Agreement may be concluded with any individual who has reached the legal age and has full legal capacity and competence. The Agreement may be concluded with any legal entity established in accordance with the laws of Ukraine, any other state, or international provisions.

9. 3. The place of conclusion hereof shall be the location of UKLON.

9. 4. In cases not provided for herein, the Parties shall be governed by the applicable laws of Ukraine.

9.5. By accepting the execution of the Order, according to which the User chose a wireless method of payment for the Services, Uklon Partner thereby confirms that he has read and accepted 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 conditions of providing funds transfer services without opening an account, which are provided to Uklon Partners by the LIMITED LIABILITY COMPANY “FINANCIAL COMPANY “ELAENS” – on the website https://fondy.ua/uk/;

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. UKLON PARTNER is obliged to maintain the vehicle used to provide the Services and all the equipment and facilities necessary for the performance of the Services and access to the Online Service in good condition. UKLON PARTNER is responsible for paying all costs incurred by him/her in the provision of Services, fuel costs, cost of mobile tariff plans, customs duties, vehicle depreciation, insurance, relevant income taxes, corporate taxes or personal income taxes persons, etc.

9. 7. 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), 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.

9. 8. UKLON PARTNER undertakes to comply with all tax obligations arising for UKLON PARTNER in connection with the provision of 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 law and (iii) fulfilment 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. 9. 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 all information it has about UKLON PARTNER&`S activities to the extent required by law. UKLON PARTNER is obliged to comply with all current tax regulations that may be applied in connection with the provision of Transportation Services. UKLON PARTNER undertakes to compensate UKLON for all taxes, contributions, state fees, payments, fines or other mandatory payments or obligations that UKLON incurs in connection with the failure of UKLON PARTNER to fulfil its obligations arising from the applicable tax regulations (including the obligation to pay personal income tax, military duty and the single social contribution for mandatory state social insurance or any other applicable mandatory payment).

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

9. 11. 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. 12. The database formed in a result of the provision of UKLON services is the exclusive property of UKLON, and UKLON PARTNER does not have any rights or powers regarding it, including regarding the registration of the database in accordance with the current legislation of Ukraine.

9. 13. 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. This Agreement shall not establish any other legal relationship (including employment relationship) between UKLON and UKLON PARTNER, and/or with any third parties other than established herein.

10. DETAILS:

UKLON UKRAINE LLC

20B Bandery Avenue, Kyiv, 04073

EDRPOU code 44293344

IBAN: UA973006140000026000500496156

bank: Credit Agricole Bank

ITN 442933426546

Tel. +380931771511

e-mail: uklon1@uklon.com.ua

Published on January 17, 2024.

INTRODUCTION

This Cookie Policy (hereinafter – the “Policy”) provides detailed information about what cookies and other tracking tools (hereinafter – “Cookies”) are used by websites of Uklon (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.

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”); (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 and “Website” means any website with the following domains: uklon.eu, uklon.com.ua, az.uklon.eu, uz.uklon.eu, driverambassador.uklon.com.ua, partnerregistration.uklon.com.ua, posterapp.uklon.com.ua, m.uklon.com.ua, fleets.uklon.com.ua, corporate-portal.uklon.com.ua, partner-registration.uklon.com.ua, driverregistration.uklon.com.ua, events.uklon.com.ua, ios.uklon.com.ua, driverregistrationuz.uklon.eu, driverregistrationaz.uklon.eu.

Capitalized terms used herein without definition shall have the meaning given to them in 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.com.ua (for Ukraine) and  privacy@uklon.eu (for other countries).

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.

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 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 CookiesEnabled 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 CookiesStored 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 CookiesStrictly necessary to enable You to browse around the Website and use its features, as they were developed and intended to work. These are First-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 CookiesEnable 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 CookiesEnabled for the purpose of collection of information as of the user’s activities/use of the Website and the Website overall performance. 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 CookiesMarketing 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.

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 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 respective browser:

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

Please, note that 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.

2) 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).

3) 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: 26.10.2023

Privacy Policy

This Privacy Policy was developed by Limited liability company “UKLON UKRAINE”, EDRPOU code 44293344, location: 20b Stepana Bandery Avenue, city of Kyiv, 04073, Ukraine (hereinafter referred to as ” We ” in the appropriate cases), which is the owner of personal data within the meaning of the Law of Ukraine “On the Protection of Personal Data” dated June 1, 2010 No. 2297-VI (hereinafter referred to as the ” Law “) and is regulated by this Law.

Consistent and effective protection of your personal data is one of Our priorities, so We make every effort to keep your personal data safe.

With this Privacy Policy, we would like to inform you about what personal data we process and how we process it, as well as the purposes and means of personal data processing and protection. This Privacy Policy applies to all types of personal data of users of the online service “Uklon” and users of the online service “Uklon Driver”, which We collect and process through the website: uklon.com.ua (hereinafter – “Website”), applications for mobile devices “Uklon” and ” Uklon Driver ” for iOS and Android (hereinafter referred to as ” Mobile Applications “), as well as through other sources specified below in this Privacy Policy. By using and registering on the Website and/or in the Mobile Applications, as well as when placing an order without registration through the Website, You confirm, warrant and declare that You have read and understood this Privacy Policy and give your unequivocal consent to Us processing Your personal data in accordance with this Privacy Policy. If you do not agree to these Terms in their entirety, do not use the Website and/or Mobile Applications.

supplement or otherwise change these Terms from time to time. We may make changes to these Terms without prior notice to you, so we recommend that you regularly check these Terms on the Website and thereby agree to any changes to these Terms. We may notify you of any material additions or changes to this Privacy Policy. If you do not agree to any material or other additions or changes made or may be made in the future, do not use the Website and/or Mobile Applications.

This Privacy Policy is written in the Ukrainian language, but is available for viewing in Russian and English. In case of inconsistency between the terms of this document in Ukrainian and its translations in Russian and English, the Ukrainian version of the document shall have legal force.

What personal data do we process?

Personal data that you provide to Us

A) Users of the online service “Uklon”.

We process the personal data that you provide to Us, namely: name, email address, phone number, and city, both when filling out the registration form on the Website or in the Mobile Application, and when filling out your profile. We can also process your personal data when you register via Facebook, Google plus.

We process your personal data, namely: phone number and username when you place an order through the Website without registration.

We also process your personal data in cases where you need to contact Our customer support service or contact Us through other channels (for example, through social networks).

There are other cases when you provide us with personal data. You can create an account (account), which allows you to save personal settings, view previous orders, plan future orders and manage current ones.

By participating in promotions or sweepstakes, you will also provide us with your personal data. In addition, you can send Us feedback about the Website and Mobile Application, share your opinion or ask for help with using the Website or Mobile Application.

In case of insuring your life and health during transportation and for the purpose of receiving insurance compensation, you provide us with your personal data: surname, first name and patronymic, phone number, date of birth, passport series and number, registration number taxpayer’s registration card and other information that may be required by the insurance company.

In the case of shipment insurance, if you ordered a delivery service, you provide us with your personal data: address, surname, first and last name, and phone number.

B) Uklon partners (users of the online service “Uklon Driver”).

We process personal data that you provide to Us: name, surname, email address, phone number, vehicle registration certificate data, driver’s license data, registration number of the taxpayer’s account card (ITN), mandatory civil liability insurance contract data, your photo (image), the city upon entering into an Agreement with Us on providing access to the online service (supply of software products) by accepting the Public Offer posted on the Website, other information that You voluntarily provide to Us.

We also process your personal data in cases where you need to contact Our partner support service or contact Us through other channels.

There are other cases when you provide us with personal data. You can create an account (personal account), which allows you to save personal settings, upload photos, view completed orders, etc.

By participating in promotions or sweepstakes, you will also provide us with personal data. In addition, you can send Us feedback about the Website and Mobile Application, share your opinion or ask for help with using the Website or Mobile Application.

In the case of insurance of your life and health during the transportation of passengers and for the purpose of receiving insurance compensation, you provide us with your personal data: surname, first name and patronymic, phone number, date of birth, passport series and number, registration number taxpayer’s registration card number and other information that may be required by the insurance company.

In order to strengthen the security measures of the users of the online service ” Uklon ” and the proper additional verification/identification of the identity of the Uklon Partner, We may also process the following personal data of the Uklon Partners, namely: 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) and/or their copies, other information voluntarily provided by Uklon Partners.

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 hardware and software, as well as the Internet browser you use, as well as information about the operating system of your computer or mobile device (for example, application versions and language settings). We may also collect information about clicks and pages that We have shown you.

If you use a mobile device, We may also receive data identifying that device, its settings and characteristics, location data, application crashes, other system operations, and your advertising identifiers. When you place an order through the Website or Mobile Application, Our system records by which means and through which websites it was made or from which websites you went to the Website or Mobile Applications.

Mobile applications can access various services and data of your mobile device, including but not limited to the phone book (contacts), location and external data storage devices (memory cards). In any case, access to the services of your mobile device is possible only in case of providing your separate and unambiguous consent in response to Our push message.

The above types of information may not always contain personal data (that is, data that identifies or can identify you). Some of this information may instead constitute non-personal data (that is, data that does not and cannot identify you).

Personal data of other persons that you provide to Us

Users of the online service “Uklon”.

Of course, you can make an order not only for yourself. You can order a transportation service for any person by providing Us with their phone number and name. In addition, when ordering a delivery service, you provide us with the personal data of the recipient of the shipment: address, surname, first name and phone number. However, in this regard, We must 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 manner in which You use your personal data (as set out in these Provisions).

To do this, you are obliged to share in advance a link to this Privacy Policy available on the Website with such a person, and hereby you confirm that you have done so, obtained the unequivocal consent of the such person to the processing of his personal data in accordance with the conditions set forth herein Privacy Policy, and will provide such consent to Us upon request.

 

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, financial service providers, and information from publicly available sources. We may combine information collected from these sources with other information in Our possession.

Why do we process your personal data?

We process the following personal data for the following purposes. In particular, your personal data may be used as follows:

A) Users of the online service “Uklon”.

– Placement of orders: We use your personal data for the purpose of placing orders for passenger transportation and/or delivery in the online service “Uklon” and for the transfer of your personal data to Partners in order for the Partners to fulfil the respective orders. We may transfer your personal data to Partners in other cases only with your separate consent.

– Customer Support: We provide 24/7 customer support. With your personal data, the support team can help you with orders and answer related questions, as well as any other questions.

– Account (account): users can create an account on the Website or in the Mobile Application. We use the information you provide to us to manage your account.

– Marketing: We also use your personal data (phone number and e-mail address) to send information, newsletters, advertising and promotional materials. When participating in promotions, the relevant information will be used to manage these promotions. We also post information, newsletters, advertising and promotional materials on the Mobile App and on the Website.

You have the right to refuse to receive (email) information, newsletters, advertising and promotional materials by sending a corresponding message to the e-mail address: control@uklon.com.ua.

– Communicating with You: We may also contact You about other matters by e-mail, telephone and electronic messages, depending on the type of contact information You have shared with Us. We also make every effort to process all requests that you send to us.

– Call tracking: when you call the support service, we use an automatic number identification system to identify your phone number with your order – this will help both you and us save time. Conversations with support service employees can be listened to in real-time or recorded for the purpose of monitoring the quality of service provision and further training of Our team. Records are stored for a limited period of time in accordance with the purpose of their processing and are deleted automatically, except when We consider it necessary to keep them for a longer period (if necessary, including for the purpose of investigating cases related to violations of the law). . All recordings of telephone conversations will be used in accordance with this Privacy Policy. Hereby, You give your unequivocal consent to the listening and recording of telephone conversations and the processing of relevant personal data by Us.

– Use of your mobile device services: The mobile application may access various services and data of your mobile device, including but not limited to phone book (contacts), location and external data storage devices (memory cards). Access to the services of your mobile device is possible only if you give your separate and unambiguous consent in response to Our push message.

– In case of insuring your life and health during transportation: We transfer the personal data received from you to the insurance company for the purpose of insuring your life and health during transportation , including for the transfer of personal data to foreign subjects of relations related to personal data, for the purpose of fulfilling the requirements of legislation, life and health insurance contracts, other contracts, including reinsurance, implementation of the rights granted to the insurance company by law or contract, and ensuring the implementation of tax relations and relations in the areas of accounting, auditing, financial services and assistance services , advertising, marketing and actuarial research, assessment of the quality of the insurance company’s service. In the case of insuring shipments, We also transfer your personal data to the insurance company that insures shipments, in the event of an insured event as a result of your ordering a delivery service (if applicable). In case of transfer of your personal data to foreign subjects of relations related to personal data, 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 personal data outside of Ukraine, including jurisdictions that are not recognized as providing adequate data protection.

– Protection of your life and health during transportation: We may transfer your personal data (name, surname, phone number, travel route and location) to emergency services in order to save your life or health and/or prevent the threat of accident harm to your life or health during the trip if you pressed the SOS button in the ” Uklon ” Mobile application.

– Legal purposes: We can use your personal data to process and transfer them to competent authorities only in cases provided for by the current legislation of Ukraine.

– Marketing activities and other promotional activities: We may transfer your personal data (surname, name, phone number) to third parties in order to offer/provide you with discounts from actual (current) prices for goods and/or services of such third parties, and/or gifts, and/or prizes, and/or other promotions, offered and provided by such third parties.

B) Uklon partners ( users of the online service “Uklon Driver”)

– Fulfillment of orders: We process your personal data, if you have accepted an order for transportation and/or delivery, to transfer them to the user of the online service ” Uklon “.

– Partner support service: We provide support for Partners. With your personal data, the support team can help you with orders and answer related questions, as well as any other questions.

– Account (personal account): Partners can create a personal account on the Website. We use the information you provide to us to manage your personal account. We securely store and do not transfer to third parties data related to settings and statistical information contained in the Mobile Application (settings of filters and order selection algorithms, statistics of completed orders, etc.).

– Marketing: We also use your personal data to send information, newsletters and advertising materials. When participating in promotions, the relevant information will be used to manage these promotions.

You have the right to refuse to receive (email) information, newsletters, advertising and promotional materials by sending a corresponding message to the e-mail address: control@uklon.com.ua.

– Communicating with You: We may also contact You about other matters by e-mail, telephone and via electronic messages, depending on the type of contact information You have shared with Us. We also make every effort to process all requests that you send to us.

– Call tracking: when you call Partner Support, we use an automatic number identification system to identify your phone number with your order – this will help both you and us save time. Conversations with support service employees can be listened to in real-time or recorded for the purpose of monitoring the quality of services and further training of Our team. Records are stored for a limited period of time and are deleted automatically, except when We consider it necessary to keep them for a longer period (if necessary, including for the purpose of investigating cases related to violations of the law). All recordings of telephone conversations will be used in accordance with this Privacy Policy. Hereby, You give your unequivocal consent to the listening and recording of telephone conversations and the processing of relevant personal data by Us.

– Use of your mobile device services: Mobile applications can access various services and data of your mobile device, including but not limited to: location and external data storage devices (memory cards). Access to the services of your mobile device is possible only in case of providing your separate and unambiguous consent in response to Our push message.

– In case of insuring your life and health during the transportation of passengers: We transfer the personal data received from you to the insurance company for the purpose of insuring your life and health during transportation, including for the transfer of personal data to foreign subjects of relations, related to personal data, in order to fulfil the requirements of legislation, life and health insurance contracts, 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 implementation shipment insurance, We also transfer your phone number to the insurance company in the event of an insured event as a result of your delivery service. In case of transfer of your personal data to foreign subjects of relations related to personal data, 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 personal data outside of Ukraine, including jurisdictions that are not recognized as providing adequate data protection.

– Search for things left in the car: We transfer your name and phone number to users of the online service “Uklon” in order to help them return personal things left in the car during transportation.

We can transfer your phone number to users of the online service “Uklon” in other cases only if we receive your separate consent.

– Accounting purposes: We use your surname and name for the purpose of accounting and tax accounting of the services provided to you.

– Legal purposes: We can use your personal data to process and transfer them to competent authorities only in cases provided for by the current legislation of Ukraine.

– Marketing activities and other promotional activities: We may transfer your personal data (surname, name, phone number) to third parties in order to offer/provide you with discounts from actual (current) prices for goods and/or services of such third parties, and/or gifts, and/or prizes, and/or other promotions, offered and provided by such third parties.

How do we transfer your personal data to third parties?

Under certain circumstances, We may transfer your personal data to third parties.

Any transfer of your personal data, which is carried out on the basis of your consent to the processing of personal data in accordance with this Privacy Policy, will not require your separate consent or provide you with a separate notice.

A) Users of the online service “Uklon”.

– Placement of orders: We transfer your personal data to the Partners for the purpose of the Partners fulfilling your orders. In other cases, at the written or verbal request of the Partner, We can transfer your phone number to the Partner only in case of receiving your separate consent.

– Third-party service providers: We may use the services of third parties to process your personal data on our behalf, who will be considered personal data controllers within the meaning of the Law. This processing takes place for various, but always legitimate purposes, for example, to send information and advertising 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 do not transfer your personal data to third parties for sending information and advertising materials on behalf and in the interests of persons other than Us.

– Competent state authorities: We transfer personal data to law enforcement, tax, fiscal and other competent authorities to the extent and in those cases required by the current legislation of Ukraine, in particular, if it is necessary to prevent, detect or stop criminal acts and fraud, in addition, personal data in the appropriate amount may be transferred to competent authorities to protect Our rights or property, as well as the rights and property of Uklon Partners.

– Insurance companies: by signing the relevant annexes to the contract with the insurance company, We transfer your personal data to the extent necessary for insuring your life and health during transportation, as well as by notifying the insurance company of your personal data in writing in case the occurrence of an insurance event as a result of your ordering a delivery service.

– Protection of your life and health during transportation: We may transfer your personal data (name, surname, phone number, travel route and location) to emergency services in order to save your life or health and/or prevent the threat of harm to your life or health during the trip if you pressed the SOS button in the “Uklon” Mobile application.

– Financial companies: We transfer your travel history, order information, as well as data confirming the fact of communication with you regarding the trips made, including, but not limited to, screenshots of e-mail correspondence and other means of communication with a list of personal data, specified by you during registration in the online service “Uklon”, the date of your registration to the relevant requests of financial companies – providers of financial services in order to confirm the trips you have made. You hereby consent to the transfer of the specified screenshots of correspondence by Us to financial companies and confirm that such transfer will not constitute a violation of the confidentiality of correspondence.

– Third parties that offer/provide you with discounts, and/or gifts, and/or prizes, and/or other promotions: We may transfer your personal data (surname, name, phone number) in the manner and to the extent sufficient to provide you with discounts from the actual (current) prices for goods and/or services of such third parties, and/or gifts, and/or prizes, and/or other promotions, offered and provided by such third parties.

B) Uklon partners (users of the online service «Uklon Driver »).

– Fulfillment of orders: We transfer your personal data to users of the online service “Uklon” whose orders you fulfil.

– Third-party service providers: 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.

– Competent state authorities: We transfer personal data to law enforcement, tax, fiscal and other competent authorities to the extent and in those cases required by the current legislation of Ukraine, in particular, if it is necessary to prevent, detect or stop criminal acts and fraud, In addition, personal data to the extent appropriate may be transferred to competent authorities to protect Our rights or property, as well as the rights and property of users of the Website and Mobile Applications.

– Insurance companies: by signing the relevant annexes to the contract with the insurance company We transfer your personal data to the extent necessary for insuring your life and health during transportation, as well as by notifying the insurance company of your personal data in writing in case the occurrence of an insured event as a result of your delivery service.

– Search for things left in the car: at the written or verbal request of the users of the online service “Uklon”, we give them your name and phone number in order to help them return personal things left in the car during transportation. In other cases, at the written or verbal request of users of the online service “Uklon”, we can transfer your phone number to them only if we receive your separate consent.

– Financial companies: We transfer the history of completed orders, personal data specified by you during registration in the online service “Uklon”, data contained in your personal account, as well as data confirming the fact of communication with you regarding the trips made, to include, but not limited to, screenshots of e-mail correspondence and other means of communication at the relevant requests of financial companies – providers of financial services. You hereby consent to the transfer of screenshots of the correspondence specified by Us to financial companies and confirm that such transfer will not constitute a violation of the confidentiality of the correspondence.

– Third parties that offer/provide you with discounts, and/or gifts, and/or prizes, and/or other promotions: We may transfer your personal data (surname, name, phone number) in the manner and to the extent sufficient to provide you with discounts from the actual (current) prices for goods and/or services of such third parties, and/or gifts, and/or prizes, and/or other promotions, offered and provided by such third parties.

 

By accepting the terms of this Privacy Policy when registering on the Website and/or in the Mobile Applications or when placing an order through the Website without registration, You give your unequivocal consent to the collection, use and processing of Your personal data by Us in accordance with this Privacy Policy and confirm that, that by giving such consent, you are acting of your own free will and in your own interests. Consent to the processing of personal data is given by you to carry out any actions regarding personal data that are necessary to achieve the above goals, including, but not limited to: collection, systematization, accumulation, storage, adaptation, clarification (updating, changing), use, distribution (including through implementation or transfer), cross-border transfer, depersonalization, blocking, destruction, as well as carrying out any other actions with personal data in accordance with the current legislation of Ukraine.

When processing personal data, We are not limited in the application of their processing methods. Processing of personal data is carried out using automation tools.

The above consent also includes Your consent to add You to the user base of the Website and Mobile Applications on the day of registration on the Website and Mobile Applications.

The following types of personal data can be processed only on the basis of your separate, unambiguous consent in response to Our push message: location, phone book (contacts), and memory card recording. You may withdraw such separate consent at any time. If you have withdrawn your consent, you will not be able to use any services or functions that require the processing of personal data that we have collected on the basis of separate consent.

You can withdraw your consent to the processing of any personal data, as well as to your life and health insurance (if applicable) during transportation by sending a corresponding message to the e-mail address: control@uklon.com.ua. Please include “Revocation of Consent” in the subject line of your message to expedite Our response.

At the same time, withdrawal of consent to the processing of personal data is possible only in relation to the future processing of personal data. Withdrawal of consent does not affect the legality of personal data processing on the basis of your consent before its withdrawal or on other legal grounds provided for by the current legislation of Ukraine.

In particular, We have the right not to delete personal data in the event of receiving from your notice of withdrawal of consent to the processing of personal data or a request for the deletion of personal data, if the processing of such personal data is necessary to fulfil obligations provided for by the legislation of Ukraine or to protect Our legitimate interests or the legitimate interests of the persons to whom the data is transferred, in particular, for the purposes of accounting and fraud prevention.

Since some personal data is required to provide access to the online service “Uklon” and/or the online service “Uklon Driver”, your account will be deleted after withdrawing consent to the processing of this personal data.

Personal data of users of the online service ” Uklon “, without which it is impossible to provide access to the online service “Uklon “:

Personal data of Uklon Partners (users of the online service “Uklon Driver”), without which it is impossible to provide access to the online service “Uklon Driver”:

In case of withdrawal of consent to the processing of other personal data, your account remains active. We will always try to identify the request to ensure that it is coming from the account owner. If We cannot successfully identify the request, We will not be able to withdraw consent.

You can also contact the customer support service at +38 093 177 15 11 or at the e-mail address uklon1@uklon.com.ua asking you to delete your account. After processing your request and carrying out identification, we will delete your account, except for the cases provided in this Privacy Policy.

What are your rights to your personal data?

According to Article 8 of the Law, you have the right to:

How can you control the personal data provided to Us?

You always have the right to access your personal data that We process. You can send a request regarding personal data by sending us a letter by e-mail at the following address: uklon1@uklon.com.ua. Indicate in the subject of the letter “Request for receiving personal data” to speed up the process.

You can also contact us at the address: 20b Stepana Bandery Avenue, city of Kyiv, 04073, Ukraine, if you believe that we have inaccurate or unreliable information about you and request that we change or destroy such personal data, or if you object to our processing of your personal data, or if you have other questions about the use of your personal data or questions about of this Privacy Policy.

Personal data storage periods:

A) Users online service “Uklon”.

Your personal data is stored for the period necessary to achieve the purposes of processing or for the established period of information storage, if this is provided for by the current legislation, with the exception of data about IP address, which are stored for three weeks from the moment of placing the order. If your account is deleted, your personal data will also be deleted from our database 3 (three) years after that, unless there are legal grounds for continuing to process them, for example, to fulfil our obligations under applicable law.

After achieving the purposes of processing or after the above three-year period or the statutory period of storage of personal data, We anonymize (depersonalize) your personal data so that they can no longer be associated with you personally. In this case, We will be able to use this information for the targeting of advertising and/or informational materials, for statistical, analytical or research purposes, without further informing You, since such information will cease to constitute personal data.

Deleting the Mobile application on your device does not lead to the deletion of your personal data.

If you exercise your right to delete your personal data, we will delete your personal data that we have processed for the purpose to which you have objected, without delay, in the absence of another legal basis for the storage and processing of this data or the requirement to store this data provided by the applicable legislation

B) Uklon partners (users of the online service “Uklon Driver”).

Your personal data is stored during the period necessary to achieve the purposes of processing or during the established period of information storage, if this is provided for by current legislation, with the exception of IP address data, which is stored for three weeks from the moment the order is placed. If your personal account is deleted, personal data will also be deleted from our database 3 (three) years after that, unless there are legal grounds for continuing their processing, for example, to fulfil Our obligations under current legislation.

After achieving the purposes of processing or after the above three-year period or the statutory period of storage of personal data, We anonymize (depersonalize) your personal data so that they can no longer be associated with you personally. In this case, We will be able to use this information for the targeting of advertising and/or informational materials, for statistical, analytical or research purposes without further informing You, as such information will cease to constitute personal data.

Deleting the Mobile application on your device does not lead to the deletion of your personal data.

If you exercise your right to delete your personal data, we will delete your personal data that we have processed for the purpose to which you have objected, without delay, in the absence of another legal basis for the storage and processing of this data or the requirement to store this data provided by the applicable legislation.

Location of your personal data:

We care about the security of your personal data and therefore we store your personal data on servers located in the countries of the European Union.

We can too transfer yours personal given to others countries, but only for purposes of processing data provided hereby Provisions or valid legislation. You hereby give your unequivocal consent to the transfer (as well as processing and storage) of your personal data outside of Ukraine, including jurisdictions that are not recognized as providing adequate data protection. However, we always take measures to properly protect your data.

 

How do we protect your personal data?

We know that security is important to Our users, and We care about the security of Your personal data. We use technical, physical and administrative security measures to protect your personal data from loss, misuse, unauthorized access, disclosure or alteration. Some of the measures We employ include cross-network security measures, data encryption, physical access controls to Our data centres, and personal data access controls.

Access to personal data is provided to structural units and/or individual employees for the performance of their functional duties related to the fulfilment of Our contractual and legal obligations. Each employee/authorized person who has access to personal data signs an obligation not to disclose information to which he has access during the performance of functional duties.

We also need your help – it is your responsibility to ensure that your personal information is accurate and that your password and account registration information is secure and not shared with third parties.

If, when placing an order for transportation through the online service “Uklon”, you pay with a Uklon Partner by bank card, you automatically go to the website of the relevant financial service provider and provide your personal data and bank card data directly on the website of this financial service provider.

The Website or Mobile Applications do not collect any data about your bank cards. Uklon partners participating in the bonus program may, under certain conditions, provide us with their bank card details.

For any questions related to the protection and security of your personal data, contact the following address: 20B Stepana Bandera Avenue, Kyiv, 04073.

How do we treat children’s personal data?

We strictly adhere to the protection of children’s personal data. We do not knowingly collect, process or store the personal data of persons under the age of 18.

The Website and Mobile Applications are not intended for use by persons under the age of 18.

If you are under 18 years of age, please do not use or access the Websites or Mobile Applications at any time and in any manner.

If a parent or legal guardian believes that their child has accessed the Website and/or Mobile Applications and provided their personal information, We strongly encourage the parent or legal guardian to contact Us immediately and We will make every effort to promptly remove such personal data.

Cookies

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 (hereinafter referred to as “Cookie”) in connection with the use of the Website or Mobile Applications for certain purposes: Your authentication, remembering your settings and other purposes specified below.

A cookie is a small piece of data that is sent to the browser on your computer or mobile device. Cookies belonging to the Website or Mobile Applications are primary. Cookies that We allow other organizations to send through the Website are called “additional cookies”.

In addition, session and persistent cookies are distinguished. Session cookies remain valid until you close your browser or Mobile Application. Persistent cookies have a longer duration: they are not automatically deleted when you close the browser.

“Software Development Kits” (SDKs) function like pixels and cookies, but operate in mobile application environments where pixels and cookies may not always function. The developer of the underlying application may install code snippets (SDK) from partners in the application and thereby allow the partner to collect certain information about the user’s interaction with the application and information about the user’s devices and network information.

Cookies are used for various purposes. They help to recognize you as the same user on different pages of the Website or when using Mobile Applications.

The Website and Mobile Applications use cookies for various purposes:

This also means that We may use data about how You interact with the Website, including the number of page clicks, mouse movements and scrolling, search terms and other text that You enter into various fields.

For users of the Mobile application “Uklon”, as well as for Users of the Mobile application “Uklon Driver”, through the operating system of the mobile device, you can choose whether to allow the use of cookies or to share your advertising identifier with Us or Our advertising service providers.

If you do not want your personal data to be collected through cookies on the Website, you can disable cookies by configuring your internet browser to disable, block or disable cookies, deleting your browsing history and clearing your cache internet browser. You can also restrict the sharing of some of this data through your mobile device settings.

How to contact us?

Questions, comments and requests regarding this Privacy Policy are welcome and sent to Our customer support service at +380931771511 or to the e-mail address: uklon1@uklon.com.ua.

If you believe that We have violated the terms of this Privacy Policy, contact Us and let us know which terms of this Privacy Policy have been violated. We will promptly consider your complaint.

The version is valid from August 01, 2023.

USER AGREEMENT

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;

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

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.

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, processing and protection of the User’s personal data are regulated by a separate Regulation on the processing and protection of personal data posted on the Website and in the Mobile Application.

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 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 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 the Order or canceled the Order after the 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 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 in the form of 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 . In addition, the 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.

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 permission.

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, 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 ratio is automatically calculated and edited in real time. The User has the right to accept the recommended price by confirming the Order or refuse by reducing the recommended price of the Services, including a reduction to the standard price according to the tariffs. 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 will be recalculated. 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 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 funds transfer services without opening an account, which are provided to Users by the LIMITED LIABILITY COMPANY “FINANCIAL COMPANY “ELAENS” – on the website https://fondy.ua/uk/ ;

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 “UNIVERSAL PAYMENT SOLUTIONS” – on the website https://www.ipay.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 damages, material and/or non-material damage, liabilities or losses incurred as a result of the User’s use or non-use of access to the Online Service , data posted on the Website and/or in the Mobile Application, due to the lack of access to the Online Service or the use of such access; in connection with non-provision or improper provision of Services to Users by Uklon Partners; by any actions or inaction of Uklon Partners; the presence or absence of any authorizations, permits, licenses, approvals of Uklon Partners, the presence or absence of special legal status of such persons, 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.

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 February 20, 2024.