This Joining Agreement (public offer) on providing access to the online service (supply of software products) defines the contractual terms on which UKLON LTD provides you with access to the Uklon technological platform (Online Service)Driver, with which you can provide Transportation Services to users after receiving orders placed throughtechnological platform (online service) Uklon Driver . This Agreement (together with the documents to which it may refer) establishes the terms of use under which you, as a Uklon Partner, can use the technology platform (Online Service) Uklon Driver and provide Transportation Services. By using the technology platform (Online Service) Uklon Driver , you confirm that you accept the terms of this Agreement, which apply, among other things, to all services provided to you through the technology platform (Online Service) Uklon Driver , and that you are bound by them follow. Please read this Agreement carefully before starting to use the technological platform (Online Service) of Uklon Driver and/or provide Transportation Services with its help. If you do not agree with this Agreement, you may not use the technological platform (Online Service) of Uklon Driver or provide Transportation Services with its help.
ACCESSION AGREEMENT (PUBLIC OFFER)
ON PROVIDING ACCESS TO THE ONLINE SERVICE (SUPPLY OF SOFTWARE)
1. TERMS AND DEFINITIONS
Uklon – UKLON LTD [UKLON LTD], a company established under the laws of the Republic of Cyprus, with registration number HE 357185, which is located at ul. 12 Dimostheni Severi, office 601, 1080, Nicosia, Cyprus, and which announces a public offer (hereinafter referred to as the “Offer”) to a wide and unlimited range of natural persons, individual entrepreneurs or legal entities to enter into an Accession Agreement (Public Offer) on the provision of access to the online service (supply of software products) (hereinafter referred to as the “Agreement”) in the manner specified in the Agreement.
Online service “Uklon Driver” (Online Service or Technology Platform) is a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc. ), which is intended for automated monitoring, collection, processing, distribution, storage, presentation of data about Orders placed on it by Users, automatic calculation of the cost of the Order taking into account the ratio of supply and demand, weather conditions, route and its load, etc. ., and carries out automatic construction of routes and provides data exchange for communication with the User, and provides the Uklon Partner with the opportunity at its own discretion to accept or reject the relevant Orders, publish its location data, provide evaluations to Users and interact with them, use the routes built by the program in real time time, as provided for by the available functionality of the Online Service. The online service is the result of computer programming, which belongs to software products.
A Uklon partner is a natural or legal person who, with the help of the Website and Mobile Application, gets access to the Online Service, for the purpose of use within the entire territory of Ukraine (excluding the city of Kyiv and its suburbs). The Uklon Partner bears all risks associated with access to the Online Service and its use by any third party who was not authorized to do so.
The User is any legally capable natural person over the age of 18 (eighteen) or a legal entity who placed an Order using the “Uklon” Mobile Application or the website: uklon.com.ua.
Order – the User’s order for the provision of the service of transporting passengers by road transport, in particular the order of two Users for the provision of the service of transporting passengers by road transport in the same direction (joint trip), services for managing the User’s vehicle (“driver” service), delivery services, structured according to the necessary details.
The website is a web page on the Internet at the address uklon.com.ua . The website is the result of computer programming belonging to software products.
Mobile Application – a copy of a computer program in the form of a mobile application for iOS, Android mobile devices called “Uklon Driver”, which is provided by Uklon to the Uklon Partner for temporary use (during the term of this Agreement) for the functional purpose of end users as a tool for obtaining access to the Online Service.
Internal balance – a section of the account (personal account) that reflects the amount of money that was paid by the Uklon Partner or third parties on behalf and in the interests of the Uklon Partner to the benefit of Uklon as an advance payment for the Uklon Partner’s access to the Online Service or other services services provided by Uklon to the Uklon Partner in accordance with the terms of this Agreement.
Transportation services – services for transportation of passengers by road transport, services for driving the User’s vehicle (“driver” service), delivery services, other services.
Temporarily occupied territories are territories where hostilities are taking place or territories temporarily occupied by the Russian Federation, the lists of which are defined by the Legislation.
Legislation means all laws, regulations, directives, by-laws, administrative orders, common law and civil codes of any jurisdiction, all judgments, notices, instructions and decisions of courts, arbitral tribunals or authorized bodies and all codes of practice which have the force of law, interpretations and recommendations that apply to the relevant persons.
Acceptance – full, unconditional and unconditional acceptance by the Uklon Partner of the terms of the Offer. By executing the Acceptance, the Uklon Partner confirms his familiarity with and full, unconditional and final agreement with all the terms of the Agreement, as well as his willingness to join the Agreement.
The Maximum fee is the reward that Uklon Partner pays to Uklon as a fee for obtaining access to the Online Service. The rate of the Maximum fee and the procedure for its payment are defined in Section 8 of the Agreement. Among using the term the Maximum fee, Uklon may use the term “commission” in its own external and internal communications in line with the established practice (business custom) of using this term among online services similar to the Online Service. At the same time, the very use of the term “commission” to denote the Maximum Reward does not give rise to relations arising from the commission agreement and does not create rights and/or obligations for Uklon and Uklon Partners in connection with commission/agency relations.
2. GENERAL PROVISIONS
2.1 Uklon, makes an offer to conclude this Agreement and undertakes to Uklon Partners who accept (Accept) the Agreement, to provide them with access to the Online Service (supply software products) (hereinafter referred to as the Access Service) under the terms of the Agreement in within the entire territory of Ukraine ( excluding the city of Kyiv and its suburbs ). In addition, Uklon does not provide Uklon Partners with access to the Online Service in the Temporarily Occupied Territories.
2.2 Acceptance of the Offer is carried out by the Uklon Partner taking actions that indicate the Uklon Partner’s full and unconditional consent to receive the Access Service on the terms of the Offer. Such actions on the part of the Uklon Partner are the registration of the Uklon Partner in the Online Service.
2.3 The moment of Acceptance of the Offer, defined in clause 2.2. above, is considered the moment of conclusion of the Agreement. The contract concluded with the acceptance of a public offer has legal force, is valid, valid and equal to the contract signed by the parties.
2.4 To gain access to the Online Service, the Uklon Partner registers through the Website or Mobile Application, as a result of which a unique account (personal account) is created, which provides his access to the Online Service.
2.5 A Uklon partner can register as a legal entity or an individual, or as an individual entrepreneur, or as a self-employed person. Upon successful completion of registration, Uklon provides the Uklon Partner with a personal account that can be accessed using a username and password.
2.6 When registering, the Uklon Partner is obliged to provide reliable information about himself by filling out the appropriate registration form. In the event that the Uklon Partner provides inaccurate information during registration or later when using access to the Online Service, Uklon has the right to suspend or cancel the Uklon Partner’s account (registration) without prior notification or obtaining any consent from the Uklon Partner.
2.7 If the actions of the Uklon Partner may lead to a violation of the Law, human rights, as well as the possibility of claims against Uklon or the involvement of Uklon in liability for the actions of the Uklon Partner, Uklon has the right to immediately block the actions of the Uklon Partner, as well as suspend or cancel the activity of the Uklon Partner’s account without prior notification or obtaining any consent from the Uklon Partner.
2.8 When registering in the Online Service, the Uklon Partner must enter a unique password. At the same time, the Uklon Partner bears full responsibility for the reliability of the provided password and the protection of his account.
2.9 In the event that a third party gains access to the Uklon Partner’s account, the Uklon Partner must immediately notify Uklon in order to take appropriate measures, provided that the Uklon Partner can confirm the ownership of the account.
2.10 The Uklon partner independently ensures the preservation of information about its passwords, including, but not limited to, registration codes and other confidential information. Uklon is not responsible for the consequences of the Uklon Partner’s loss of confidential information about his personal data (login, password, registration code). This provision applies both to the Uklon Partner’s transfer of personal data information to third parties voluntarily, and to the Uklon Partner’s loss of confidential personal data information against its will.
2.11 Registration of an account by a Uklon Partner who is a legal entity or an individual entrepreneur (hereinafter referred to as a transport company). After concluding a separate agreement, the trucking company can independently register accounts for its employees and/or service providers. In such case, the transport company shall ensure that its employees and/or service providers comply with the requirements of this Agreement and any other terms and conditions of Uklon posted on the Website and agree to act in accordance with their terms and obligations. The trucking company and its employees and/or service providers are jointly and severally liable for any violation committed by such employee and/or service provider.
2.12 Uklon has the right, without notice to the Uklon Partner, to delete the account (personal account) of the Uklon Partner in the Online Service, if the Uklon Partner does not use the account for 24 (twenty-four) consecutive months.
3. SUBJECT OF THE AGREEMENT
3.1 Under this Agreement, Uklon provides the Uklon Partner for the fee established by this Agreement access to the Online Service, which is provided via the Internet on the Website and/or using the Mobile Application.
3.2 Access to the Online Service is provided to the Uklon Partner exclusively for interaction with Users for the purpose of processing and fulfilling Orders and automatically building optimal routes, as provided for by the available functionality of the Online Service. At the same time, the Uklon Partner is granted a non-exclusive license to use the Online Service and the intellectual property rights included in it, namely: their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each device , public performance and public display.
3.3 Uklon in no way provides Transportation Services and does not sell (sell) any goods, works, services sold (sold, provided) by Uklon Partners. The legal relationship between the Uklon Partner and the User arises, changes and terminates exclusively between the Uklon Partner and the User. Uklon is not a party to the relationship between the Uklon Partner and the User regarding the provision of the Access Service. Uklon acts as a commercial agent of Uklon Partners to mediate the conclusion of contracts for the provision of Services between the Uklon Partner and the User, and, among other things, accepts payments from Users and forwards payments to Uklon Partners. At the same time, payment of the cost of transportation Services or other payments by Users and their payments in favor of Uklon Partners are made through the payment systems involved by Uklon.
4. UKLON PARTNER REPRESENTATIONS AND WARRANTIES
4.1 By clicking the “Register” button located at the end of the registration application, you (Uklon Partner) declare and guarantee to us (Uklon) that:
You have voluntarily and independently, without inducement or coercion from third parties, including us and our related parties, decided to enter into an Agreement with us for the use of the Uklon Online Service for the provision of Transportation Services and to provide us with information about yourself and documents;
You have the right to enter into an Agreement with us on the use of the Uklon Online Service for the provision of Transportation Services in accordance with the Law, You are not limited in your ability to independently acquire rights and obligations, in particular, by entering into such an Agreement with us, and you do not need a license for this, permission, consent and/or consent from third parties;
You have carefully studied, fully understand and agree to comply with the terms of this Agreement, including all of your obligations under this Agreement;
all information and documents you have provided to us are accurate, correct, complete and current;
You will ensure the correctness of the data in Your account in the Online Service and will constantly update the information;
You will not allow others to use your account, nor will you transfer or assign your account to any other person, or use other people’s accounts;
You will not use the Online Service for unauthorized or illegal purposes and will not harm the proper operation of Uklon, abuse or manipulate the Online Service (including decompiling the Uklon Driver Application or manipulating your GPS location);
You will use the Uklon Online Service in good faith and will not engage in fraud, including receiving any bonuses for providing us with false information;
You have control over the way you perform your duties to Users and are responsible for all consequences that may arise in connection with their performance;
You will always fully comply with all laws and regulations of the jurisdiction in which You provide the Transportation Services, including (but not limited to) laws governing passenger transportation services and the protection of personal data.
If you violate any of the above guarantees, Uklon has the right to charge you a contractual fine of up to UAH 1,000 for each violation and/or block your right to use the Uklon Online Service.
5. UKLON’S REPRESENTATIONS AND WARRANTIES
5.1 We (Uklon) for our part declare and guarantee to you (Uklon Partner) that Uklon:
a company duly formed, organized and registered in accordance with the laws of its jurisdiction, is fully capable and has all the necessary corporate powers to enter into and execute this Agreement;
is the sole owner and has all right, title and interest in its platform and technology, including but not limited to all intellectual property rights;
will provide equal opportunities and not discriminate against You and Users on the basis of race, color, religion, gender, national origin, sexual orientation, age or any other similar characteristic;
complies with all requirements for working with your geolocation data in accordance with the applicable Law;
has sufficient financial resources, material and technological resources, as well as qualified personnel to independently ensure the fulfillment of all its contractual obligations to you;
all our employees, agents and/or contractors who may have contact or interaction with you have been properly trained and meet all requirements necessary to fulfill our contractual obligations to you;
has adequate systems and procedures in place to provide you with support, including but not limited to technical support;
takes all necessary measures to ensure security against cyber threats, in particular by regularly updating and testing its systems.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Provided that the Uklon Partner complies with the terms of this Agreement, Uklon grants the Uklon Partner a non-exclusive license to use the Online Service. This license does not grant the Uklon Partner the right to sublicense, transfer any rights to any third party and/or otherwise dispose of the intellectual property rights owned by Uklon.
6.2 When using the Online Service, the Uklon Partner has no right to:
decompile, reverse engineer or otherwise attempt to derive the source code of the Online Service or other Uklon software;
modify the Online Service in any way or manner, or use modified versions of the Online Service;
transmit files containing viruses, corrupted files or any other similar programs that may damage or adversely affect the operation of the Online Service;
attempt to gain unauthorized access to the Online Service or any other Uklon services.
6.3 The license granted by this Agreement is canceled automatically and simultaneously with the termination of the Agreement. Upon termination of the Agreement, the Uklon Partner must immediately stop using the Online Service, and Uklon has the right to block and delete the Uklon Partner’s account without prior notice.
6.4 Uklon may provide the Uklon Partner with tags, labels, stickers or other marks in the form of physical and virtual objects related to the Uklon trademark or otherwise indicating that the Uklon Partner is using the Online Service. Uklon grants the Uklon Partner a limited, non-exclusive, non-transferable, non-sublicensable, non-exclusive and revocable license to use such marks for the sole and exclusive purpose of indicating that the Uklon Partner is using the Online Service. In case of termination of this Agreement for any reason, the Uklon Partner is obliged to immediately remove any signs related to the Uklon trademark.
6.5 All intellectual property rights in the marks for goods and services (trademarks), software products and any other objects of intellectual property rights, including source code, databases, logos and designs, belong to Uklon and are protected by copyright laws , trademarks and/or commercial secrets, as well as provisions of international treaties. By using the Online Service or any other Uklon services, the Uklon Partner does not acquire any rights to own any intellectual property.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 Obligations of the Uklon Partner:
not to transfer either the right or the ability to access the Online Service to third parties;
to pay the fee for obtaining access to the Online Service in a timely manner and in full;
to provide Uklon with the necessary information related to the fulfillment of the terms of this Agreement;
not impersonate an employee, representative or agent of Uklon;
comply with the Standard Requirements for Cooperation posted on the Website under the links Requirements for Conduct and Communication and Requirements for Auto .
7.2 Rights of the Uklon Partner:
access the Online Service and use it in accordance with the terms of this Agreement;
to receive from Uklon the necessary clarifications related to the fulfillment of its obligations under this Agreement.
withdraw your consent to the insurance at any time by sending an appropriate message to the following email address of Uklon: support@uklon.eu ;
use the “SOS” button in case of emergency situations.
7.3 Obligations of Uklon:
provide the Uklon Partner with the opportunity to access the Online Service from an electronic device (mobile phone, tablet, computer) of the Uklon Partner and the opportunity to register a personal account on the Website.
7.4 Uklon’s rights:
check the Uklon Partner’s compliance with the terms of this Agreement;
in case of non-fulfillment or improper fulfillment by the Uklon Partner of the terms of this Agreement, to demand the elimination of violations as soon as possible;
refuse the Uklon Partner to conclude this Agreement or terminate it unilaterally without warning in case of non-compliance or violation by the Uklon Partner of this Agreement and/or the Standard Requirements for Cooperation posted on the Website;
terminate this Agreement unilaterally or temporarily suspend access to the Online Service without warning in the event that the Uklon Partner commits fraudulent and/or other actions that violate the Law and/or carry financial, reputational risks or other negative consequences for Uklon;
to insure the life and health of the Uklon Partner during the execution of the Order. Insurance is carried out by Uklon at its own expense, the Uklon Partner is not obliged to pay any insurance payments. The choice of insurance company and insurance conditions are determined at the discretion of Uklon, to which the Uklon Partner gives his consent. A Uklon partner has the right to withdraw his consent to insurance at any time by sending a corresponding message to the following Uklon email: support@uklon.eu
8. AMOUNT OF PAYMENT AND PROCEDURE OF CALCULATIONS
8.1 Uklon Partner pays Uklon a fee for providing access to the Online Service. The maximum amount of the fee is (hereinafter – the Maximum fee):
8.1.1. 20% of the cost of the Transportation Services specified in the Order for the city of Lviv;
8.1.2. 18% of the cost of the Transportation Services specified in the Order for the cities of Dnipro and Odesa;
8.1.3. 17% of the cost of the Transportation Services specified in the Order for the cities of Kryvyi Rih, Zaporizhzhia and Ivano-Frankivsk;
8.1.4. 16% of the cost of the Transportation Services specified in the Order for the cities of Vinnytsia and Chernihiv;
8.1.5. 15% of the cost of the Transportation Services specified in the Order for the cities of Poltava and Kharkiv;
8.1.6. 14% of the cost of the Transportation Services specified in the Order for the cities of Bila Tserkva, Zhytomyr, Sumy and Cherkasy;
8.1.7. 13% of the cost of the Transportation Services specified in the Order for the city of Rivne;
8.1.8. 12% of the cost of the Transportation Services specified in the Order for the cities of Kamianske, Kremenchuk, Lutsk, Ternopil, Mykolaiv and Khmelnytskyi;
8.1.9. 10% of the cost of the Transportation Services specified in the Order for the cities of Uzhhorod, Chernivtsi, Kamianets-Podilskyi and Kropyvnytskyi;
8.1.10. 0% of the cost of the Transportation Services specified in the Order for the city of Kherson.
8.2 Payment for access to the Online Service is made by the Uklon Partner through a non-cash payment to the Uklon bank account. In addition to the cases expressly provided for in this Agreement, funds received by Uklon, as a commercial agent of the Uklon Partner, from Users may be credited as payment to the Uklon Partner for providing access to the Online Service. The Uklon partner is notified of each such credit by displaying the corresponding Internal Balance adjustments in the account (personal account)
8.3 The Maximum fee may be changed by Uklon temporarily or permanently depending on various factors at Uklon’s discretion by notifying Uklon Partner in the manner specified in clause 11.3 of this Agreement. Also, depending on certain circumstances (the ratio of supply and demand and/or other specifics of the Order), Uklon reserves the right to reduce the amount of fee that is actually applied to individual Orders. Uklon Partner is informed and consents to the fact that the reduction of the fee is carried out by Uklon without prior notification to Uklon Partner.
8.4 In case of late payment for access to the Online Service, the Uklon Partner is obliged to pay a penalty for late payment in the amount of 0.1% (zero one-tenth of one percent) of the unpaid amount for each day of delay. The Uklon Partner is obliged to compensate Uklon for all costs incurred by the latter, which are related to the collection of the Uklon Partner’s debt.
8.5 In the case of late payment for access to the Online Service, Uklon has the right to suspend the Uklon Partner’s access to the Online Service until the debt is settled.
8.6 The Uklon Partner pays Uklon a fee for the provision of maintenance and administration services for the Uklon Partner’s account (personal account) in the Online Service and account deletion (deactivation) services (hereinafter – Administration Services). From the moment the account is deleted, the Administration Services are deemed to have been properly provided by Uklon and accepted by the Uklon Partner.
8.7 The Parties have agreed that, in case of deletion of the account (personal account), the balance of the advance payment, which is reflected in the Internal Balance of the Uklon Partner as of the date of such deletion, is the cost of the Administration Services provided to the Uklon Partner as agreed by the Parties.
9. USER PAYMENTS
9.1 The Uklon Partner receives payment for Transportation Services directly from the User. Payment in cash is made by the User by transferring cash to the Uklon Partner.
9.2 The Uklon partner can receive payments from Users from the bank cards of such Users using a payment system integrated with the Online Service (Payment by bank card), or using other payment methods not prohibited by law. By entering into this agreement, the Uklon Partner authorizes Uklon, as its commercial agent, to receive the cost of Transportation Services or other payments paid by Users as Payment by bank card, and to transfer the corresponding funds to the Uklon Partner.
9.3 The Uklon Partner may not refuse the User’s payment for transportation Services through payment using a payment system integrated with the Online Service or refuse the User to use a payment system integrated with the Online Service. If the Uklon Partner refuses to accept payment using the payment system integrated with the Online Service without valid reasons, Uklon has the right to charge the Uklon Partner a fine of up to UAH 1,000 for each refusal and/or block the Uklon Partner’s right to use access to the Online service in case of repeated failure.
9.4 Uklon reserves the right to distribute promotional codes to Users at its sole discretion for promotional purposes. The Uklon Partner is obliged to accept the use of the promotional code only when the User applies the code in the Mobile Application to the trip using payment using a payment system integrated with the Online Service. Promo codes cannot be applied to trips paid for in cash. If the use of promotional codes is suspected to be illegal and/or improper, contrary to the terms of use of the promotional codes, the promotional code may be canceled and the outstanding amount will not be reimbursed to the Uklon Partner by Uklon .
9.5 Uklon is not obliged to pay the Partner the value of the Order specified for the User, if the Bank Card Payment did not take place because the User’s bank card or other payment was canceled or failed for other reasons. In such a case, Uklon can help the Uklon Partner to request the appropriate amount of the Order value from the User and help in communication with the User regarding debt repayment. In any case, notwithstanding the provisions of this clause, Uklon is not a party to the contract for the provision of transportation services concluded between the Uklon Partner and the User.
9.6 Before providing transportation Services, the Uklon Partner must ensure that the service is indeed provided to the appropriate User or the User has directly confirmed that this User allows other passengers to travel at the User’s expense. If the Uklon Partner made a mistake in the User’s identification, and the Bank Card Payment was debited from a person who was not provided or who did not confirm the provision of Transportation Services to other passengers, the Uklon Partner undertakes to return the unreasonably received funds to the User who did not receive the ordered Transportation Services. Uklon will assist the User and the Uklon Partner in their interaction regarding refunds.
10. PROVISION OF TRANSPORTATION SERVICES
10.1 By entering into this Agreement, the Uklon Partner confirms and guarantees that during the entire period of validity of the Agreement, he/she will comply with the requirements of the Legislation in force in the jurisdiction where the Uklon Partner provides Transportation Services. The Uklon Partner alone bears full responsibility for his/her violation of any requirements of the Legislation and undertakes to compensate Uklon for any and all costs and losses incurred in connection with the Uklon Partner’s violation of the requirements of the Legislation during the provision of Transportation Services.
10.2 The Uklon Partner undertakes to have all permits required by Law (including a valid driver’s license), licenses, motor vehicle insurance policies, liability insurance policies, vehicle registration documents, certification and other documentation required in the relevant jurisdiction. The Uklon partner supports the validity of all the above-mentioned documents during the entire period of use of the Online Service. Uklon has the right, without prior notice, to terminate the provision of access services to the Online Service to the Uklon Partner in the event of doubts regarding the Uklon Partner’s proper fulfillment of the requirements of this clause.
10.3 If there are relevant requirements of the Legislation, the Uklon Partner undertakes, during the provision of transportation Services, to provide service to Users and to provide information about its services to Users in the national language of the country in which the relevant services are provided. At the request of the User, his personal service can also be provided in another language acceptable to the Uklon Partner and the User. The Uklon Partner gives consent to Uklon to provide the competent authorities with all information and documents available to Uklon in order to properly verify the Uklon Partner’s compliance with the legislation on ensuring the functioning of the state language in the country in which the Uklon Partner provides Transportation Services.
10.4 During the provision of Transportation Services, the Uklon Partner undertakes to:
fulfill all accepted Orders ;
execute the Order exclusively using motor vehicles that are in proper technical condition, taking into account the period of operation, mileage of the motor vehicle and seasonality;
carry out maintenance of the car;
comply with the rules of passenger transportation, which are defined by the legislation of the country in which the Uklon Partner provides Transportation Services;
to issue and keep up-to-date all necessary permit documents, which are defined by the legislation of the country in which the Uklon Partner provides Transportation Services;
not to transfer either the right or the ability to access the Online Service to third parties;
to pay the fee for obtaining access to the Online Service in a timely manner and in full;
to provide Uklon with the necessary information related to the fulfillment of the terms of this Agreement;
in case of refusal without good reason to fulfill the accepted Order, inform Uklon about it. Otherwise, the Agreement may be terminated by Uklon unilaterally;
comply with the Standard Requirements for Cooperation posted on the Website, as well as independently monitor their periodic updates;
during the execution of the Order, not to use mobile applications and navigators that are directly or indirectly controlled by Russian citizens and/or Russian companies, including, but not limited to: “Yandex Maps and Navigator”, “2GIS-accurate offline maps”, “GPS navigator CityGuide”, “Navitel Navigator”;
in case of receiving a notification in the Mobile Application about the need to return the shipment to the User (sender) during the execution of the Order for the delivery service, return such shipment to the User;
broadcast music in the salon only after obtaining the consent of all Users;
in case of discovery during the delivery service of objects, the transportation of which is prohibited by the current legislation, to refuse the transportation of such objects;
not to take photos and videos of Users without their consent and not to publish and distribute (not publish) photo and video materials depicting Users without their consent;
refrain from personal contacts with Users that are not directly related to the execution of the Order;
not to use the personal data of Users, which became known to the Uklon Partner during the execution of the Order, for their own personal purposes or in the interests of third parties .
10.5 The Uklon Partner has the right at its own discretion to determine when to provide Transportation Services. The Uklon partner independently and without the consent of Uklon accepts, rejects or ignores the Orders placed by the Users at its own discretion. At the same time, the Uklon Partner undertakes to fulfill all accepted Orders.
10.6 The Uklon partner is obliged to maintain the vehicle used for transportation Services and all equipment and facilities necessary for the performance of transportation Services and access to the Online Service in good condition. The Uklon Partner is responsible for paying all costs incurred by him/her in providing the Transportation Services, fuel costs, cost of mobile tariff plans, customs duties, vehicle depreciation, insurance, applicable income taxes, corporate taxes or personal income taxes persons, etc.
10.7 If, during the provision of transportation Services, any of the Users negligently damages the vehicle or its equipment (among other things, spoils or pollutes the vehicle or causes stench in the vehicle), the Uklon Partner has the right to demand compensation from the User for any damages. At the same time, Uklon does not guarantee reimbursement of such damages by the User and does not bear any responsibility for direct or indirect damages/expenses related to the cleaning or maintenance of the vehicle caused by the actions of the Users.
10.8 The Uklon Partner undertakes to comply with all tax obligations arising for the Uklon Partner in accordance with the current Legislation in connection with the provision of Transportation Services, including (i) payment of personal income tax, military duty or any other applicable tax; (ii) a single social contribution to mandatory state social insurance or other similar payment for yourself and/or your employees as required by the Law and (iii) fulfillment of all obligations regarding registration and/or registration of the Uklon Partner and/ or employees of the Uklon Partner and/or tax registration for calculations and transfers to the relevant budget and/or to the relevant account, as required by the applicable Law of the jurisdiction in which the Uklon Partner provides Transportation Services.
10.9 If a tax authority requests Uklon to provide information regarding the activities of a Uklon Partner, Uklon has the right to provide the tax authority with any and all information in its possession regarding the activities of a Uklon Partner to the extent required by applicable law. The Uklon partner is obliged to comply with all applicable tax regulations that may apply in connection with the provision of Transportation Services. The Uklon Partner undertakes to indemnify Uklon against any and all taxes, contributions, government fees, charges, fines or other mandatory payments or obligations that Uklon incurs in connection with the Uklon Partner’s failure to fulfill its obligations arising from the applicable tax regulations (including the obligation to pay personal income tax, military duty and the single social contribution to the mandatory state social insurance or any other applicable mandatory payment).
11. TERM OF THE AGREEMENT AND PROCEDURE FOR TERMINATION
11.1 This Agreement is concluded for an indefinite period and may be terminated by either party unilaterally with prior notice to the other party 5 (five) days prior to the date of termination, unless otherwise specified in this Agreement.
11.2 In the event that within 1 (one) year from the moment of making the last payment for access to the Online Service, the Uklon Partner has not made any further payment, this Agreement shall be deemed terminated. This provision does not deprive the Uklon Partner of the right to contact Uklon for the purpose of concluding a new Agreement in the future.
11.3 Uklon has the right to unilaterally change or update the terms of this Agreement at any time. All changes in this Agreement, the new version of the Agreement shall enter into force from the moment of their publication on the Website. In this regard, the Uklon Partner is advised to periodically review the current version of the Agreement, in particular, on the Website.
11.4. Uklon notifies about changes to the Agreement by sending a corresponding message to the Uklon Partner by means of communication specified by the Uklon Partner during registration and by publishing the changes or an updated version of the Agreement on the Website. The moment of getting to know the Uklon Partner with published information is considered the moment from which the information became available to the Uklon Partner in accordance with the terms of this Agreement.
11.5 Any changes to the Agreement from the moment it enters into force apply to all persons who joined the Agreement, including those who joined the Agreement before the date of entry into force of the changes to the Agreement.
11.6 Amendments to the Agreement, published by Uklon in accordance with the procedure provided for in this Agreement, enter into force from the moment of publication of the changes to the Agreement or the publication of the updated version of the Agreement.
11.7. Detailed information on the deletion of a unique account (personal account) by the Uklon Partner is indicated on a separate page of the Website, which is freely accessible https://uklon.com.ua/delete-account/
12. RESPONSIBILITY OF THE PARTIES
12.1 The Parties shall be liable for non-fulfillment or improper fulfillment of obligations, provisions or conditions of this Agreement in accordance with the Legislation, unless otherwise provided for in this Agreement.
12.2 If the Uklon Partner has violated its obligations to make any payments under the Agreement, Uklon has the right to demand from the Uklon Partner, and the latter undertakes within 10 (ten) calendar days from the date of receipt of the corresponding payment notice from Uklon, to pay on the benefit of Uklon is a penalty in the amount of double the accounting rate of the National Bank of Ukraine on the overdue amount for each day of overdue .
12.3 If the Uklon Partner violates its obligations to make payments under the Agreement, Uklon has the right to terminate the Uklon Partner’s access to the Online Service without warning.
12.4 Termination of access to the Online Service due to the reasons specified in Clause 12.3 of the Agreement does not release the Uklon Partner from the fulfillment of obligations incurred before such termination of access to the Online Service, as well as payment of penalties in favor of Uklon.
12.5 In case of termination of access to the Online Service in accordance with clauses 12.3, 12.4 of this Agreement, in order to renew the provision of such access, the Uklon Partner must pay the cost of access to the Online Service and a penalty in favor of Uklon in full. If the Uklon Partner does not wish to renew access to the Online Service within 5 (five) calendar days from the date of termination of such access, Uklon has the right to terminate this Agreement unilaterally.
12.6 If the Uklon Partner cancels accepted Orders, Uklon may apply the following measures of influence: the first cancellation – a warning, the second cancellation – a fine of UAH 30.00, the third cancellation or more – a fine of UAH 60. for each case of cancellation.
12.7 If the Uklon Partner makes unjustified and/or false presses of the “SOS” button, Uklon may apply the following measures of influence: the first call – a warning, the second call – a fine of UAH 30.00, the third call or more – a fine of 60 UAH 0.00 for each case.
12.8 If the Uklon Partner increases the cost of transportation of the item specified in the Order, Uklon has the right to charge the Uklon Partner a fine in the amount that exceeds the cost of transportation of the item specified in the Order.
12.9 In case of damage caused to Uklon, as a result of a violation by the Uklon Partner and/or the persons engaged by him of the Standard Requirements for Cooperation posted on the Website, the Uklon Partner shall pay a fine of up to UAH 100,000.00 at the request of Uklon. The specific amount of the fine is determined at the discretion of Uklon.
13. FORCE MAJEURE
13.1 None of the parties shall be liable for failure to perform or improper performance of its duties, if such failure or improper performance is caused by force majeure.
13.2 Force majeure includes, but is not limited to: (1) fire, flood, earthquake, explosion, storm, landslide, epidemic and other natural phenomena and natural disasters; (2) as well as military actions, strikes, disruptions in the operation of payment systems and telecommunication networks, the adoption of a decision by a state authority or local self-government body or the adoption of Legislation that made it impossible to properly implement this Agreement, etc.
14. PERSONAL DATA
14.1 All issues related to the collection, use, protection and otherwise processing of the personal data of the Uklon Partner are regulated by a separate Regulation on the processing and protection of personal data posted on the Website and in the Mobile Application. Uklon, as the owner of personal data, may entrust the processing of personal data to the manager of personal data in accordance with the contract concluded in writing.
15. OTHER PROVISIONS
15.1 This Agreement is freely available on the Website. The Agreement enters into force for Uklon from the moment of its publication on the Website, for the Uklon Partner – from the moment of its Acceptance.
15.2 The contract can be concluded with any natural person who has reached the age of majority and has full legal capacity. The contract can be concluded with any legal entity created in accordance with the legislation of Ukraine, any other state or international norms.
15.3 The place of conclusion of this Agreement is the location of Uklon. The interpretation, validity and performance of this Agreement, as well as all non-contractual obligations arising from or in connection with this Agreement, shall be governed by the laws of the Republic of Cyprus.
15.4 Any disputes and disagreements arising out of or in connection with this Agreement or its conclusion, performance or termination shall be resolved through negotiations between the parties. If the parties are unable to resolve the dispute through negotiation within 30 (thirty) calendar days after one of the parties has notified the other party in writing of the occurrence of such dispute or disagreement, then such dispute may be referred to a competent court in accordance with the jurisdiction provided by the laws of the Republic of Cyprus .
15.5 This Agreement does not establish any other legal relationship (including employment or agency relationship) between Uklon and the Uklon Partner and/or with any third parties other than those established by this Agreement.
15.6 If any provision or condition of this Agreement is held to be invalid or not statute-barred, all other terms and conditions shall remain valid and statute-barred. All such invalid or non-time-barred provisions shall be amended to be valid, time-barred and reflect the intent of the parties.
15.7 The database formed as a result of the provision of Uklon services is the exclusive property of Uklon, and the Uklon Partner does not have any rights or authority over it, including regarding the registration of the database in accordance with the Legislation.
15.8 This Agreement is drawn up in Ukrainian, but is available for review in Russian and English. In case of discrepancy between the original version of the Agreement in the Ukrainian language and the version of the Agreement in another language, the provisions of the original version of the Agreement in the Ukrainian language shall apply in this case.
16. DETAILS:
UKLON LTD [UKLON LTD]
Registration number HE 357185
Address: str. 12 Dimostheni Severi, Office 601, 1080, Nicosia, Cyprus
e-mail: support@uklon.eu
Published on July 11, 2024
PUBLIC OFFER
ABOUT PROVIDING ACCESS TO THE ONLINE SERVICE
(SUPPLY OF SOFTWARE)
“UKLON UKRAINE” LIMITED LIABILITY COMPANY, hereinafter referred to as “Uklon”, in the person of director Serhiy Mykolayovych Hryshkov, acting on the basis of the Charter, guided by Art. 633, 634 of the Civil Code of Ukraine, on the one hand, and
any natural or legal person, hereinafter referred to as “Partner Uklon”, who accepts (accepts) this Public Offer to provide access to the online service (hereinafter referred to as the “Agreement”) from another party, collectively referred to as the “Parties” , and each separately – a “Party”, entered into this Agreement on the following:
PREAMBLE
The information provided in this document is an official offer (public offer) to any person to enter into an Agreement on providing access to the Online Service. The specified Agreement is public in accordance with the provisions of Art. 633 of the Civil Code of Ukraine. This Agreement is also considered an accession agreement within the meaning of Part 1 of Article 634 of the Civil Code of Ukraine, the conditions of which are established and posted by Uklon on the Website and which can be concluded only by full and unconditional acceptance (joining) of the Uklon Partner to the proposed Agreement as a whole.
The Agreement establishes the general conditions and procedure according to which the Uklon Partner gets access to the Online Service.
The Uklon partner is considered to have accepted the terms of the Agreement in full, without any restrictions, reservations or exceptions from the moment of its acceptance. Amendments to this Agreement do not imply termination or refusal of the Uklon Partner to access the Online Service.
By entering into the Agreement, the Uklon Partner confirms that he is fully and completely familiar with and agrees with its terms.
The parties understand that access to the Online Service is carried out by downloading a computer program (“Mobile Application”) and using it, as well as by entering relevant data and using the software functions of the Website.
1. TERMS AND DEFINITIONS
1.1. Uklon is a legal entity under the laws of Ukraine – UKLON UKRAINE LLC, which provides the Uklon Partner with access to the Online Service in accordance with this Agreement.
1.2. Partner Uklon is a natural or legal person who, with the help of the Website and Mobile Application, gets access to the Online Service for the purpose of use in the city of Kyiv and its suburbs . Partner Uklon bears all risks associated with access to the Online Service and its use by any third party who was not authorized to do so.
1.3. Online service “Uklon Driver” (Online Service or Technology Platform) is a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc. ), which is intended for automated monitoring, collection, processing, distribution, storage, presentation of data about Orders placed on it by Users, automatic calculation of the cost of the Order taking into account the ratio of supply and demand, weather conditions, route and its load, etc. ., and carries out automatic construction of routes and provides data exchange for communication with the User, and provides the Uklon Partner with the opportunity at its own discretion to accept or reject the relevant Orders, publish its location data, provide evaluations to Users and interact with them, use the routes built by the program in real time time, as provided for by the available functionality of the Online Service. The online service is the result of computer programming, which belongs to software products.
1.4. The User is any legally capable natural person over the age of 18 (eighteen) or a legal entity who placed an Order using the “Uklon” Mobile Application or the website: uklon.com.ua.
1.5. Order – the User’s order to receive the Service, structured according to the necessary details.
1.6. Website – a web page on the Internet at the address: uklon. com. u.a. The website is the result of computer programming belonging to software products.
1.7. Mobile Application – a copy of a computer program in the form of a mobile application for iOS, Android mobile devices called “Uklon Driver”, which is provided by Uklon to the Uklon Partner for temporary use (during the term of this Agreement) for the functional purpose of the end user as a tool for obtaining access to the Online Service.
1.8. A public offer is an offer of Uklon, placed on the Website and addressed to an unspecified circle of individuals or legal entities to enter into this Agreement through its Acceptance.
1.9. Acceptance is a full, unconditional and unconditional acceptance by the Obligation Partner of the terms of the Public Offer. By accepting the Public Offer, the Uklon Partner confirms its familiarity with and full, unconditional and final agreement with all the terms of the Agreement, as well as its willingness to join the Agreement.
1.10. Internal balance – a section of the account (personal account) that reflects the amount of money that was paid by the Uklon Partner or third parties on behalf and in the interests of the Uklon Partner to the benefit of Uklon as a preliminary payment for the Uklon Partner’s access to the Online Service or other services provided by Uklon to the Uklon Partner in accordance with the terms of this Agreement.
1.11. Services – services for the transportation of passengers by road transport, services for the transportation of passengers by road transport in one direction (joint trip), services for driving the User’s vehicle (“driver” service), courier delivery services and other Services.
1.12. The Maximum fee is the reward that Uklon Partner pays to Uklon as a fee for obtaining access to the Online Service. The rate of the Maximum fee and the procedure for its payment are defined in Section 4 of the Agreement. Among using the term the Maximum fee, Uklon may use the term “commission” in its own external and internal communications in line with the established practice (business custom) of using this term among online services similar to the Online Service. At the same time, the very use of the term “commission” to denote the Maximum Reward does not give rise to relations arising from the commission agreement, and does not create rights and/or obligations for Uklon and Uklon Partners in connection with commission/agency relations.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, Uklon provides the Uklon Partner with access to the Online Service, which is provided via the Internet on the Website and/or with the help of the Mobile Application for the fee established by this Agreement, in the city of Kyiv and its suburbs.
2.2. Access to the Online Service is provided to the Uklon Partner exclusively for interaction with Uklon for the purpose of processing and executing Orders and automatically building optimal routes, as provided for by the available functionality of the Online Service. At the same time, the Uklon Partner is granted a non-exclusive license to use the Online Service (Technology Platform) and the objects of intellectual property rights included in it, namely their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each device, public performance and public display.
2.3. Partner Uklon decides at its own discretion whether to accept or not to accept the Order for execution. In case of acceptance of the Order, the Uklon Partner undertakes to pay to Uklon the fee provided for in this Agreement in accordance with Clause 4 of this Agreement.
2.4. Full and unconditional acceptance of a valid Public Offer in accordance with Article 642 of the Civil Code of Ukraine is the fact that the Uklon Partner makes a payment against the fee for obtaining access to the Online Service.
2.5. The moment of Acceptance of a valid Public Offer, defined in clause 2.4 of the Agreement, is considered the moment of conclusion of the Agreement. The contract concluded with the acceptance of a public offer is legally valid in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to the contract signed by the parties.
2.6. To gain access to the Online Service, the Uklon Partner registers through the Website or Mobile Application, as a result of which a unique account (personal account) is created, which provides his access to the Online Service.
2.7. When registering, the Uklon Partner is obliged to provide reliable information about himself by filling out the appropriate registration form. In the event that the Uklon Partner provides inaccurate information during registration or later when using access to the Online Service, Uklon has the right to suspend or cancel the operation of the Uklon Partner’s account (registration) without prior notification or obtaining any consent from the Uklon Partner.
2.8. In the event that the actions of the Uklon Partner may lead to a violation of any norms and rules of current legislation, human rights, as well as the possibility of claims against Uklon or the involvement of Uklon in liability for the actions of the Uklon Partner, Uklon has the right to immediately block the actions of the Uklon Partner, and also suspend or cancel the Uklon Partner’s account without prior notice or obtaining any consent from the Uklon Partner.
2.9. During registration in the Online Service, the Uklon Partner must enter a unique password. At the same time, Uklon Partner bears full responsibility for the reliability of the provided password and the protection of its account.
2.10. In the event that a third party gains access to the Uklon Partner’s account, the Uklon Partner must immediately notify Uklon to take appropriate measures, provided that the Uklon Partner can confirm the legitimacy of the account.
2.11. The Uklon partner independently ensures the preservation of information about its passwords, including, but not limited to, registration codes and other confidential information. Uklon is not responsible for the consequences of the Uklon Partner’s loss of confidential information about his/her personal data (login, password, registration code). This provision applies both to the Uklon Partner’s transfer of personal data information to third parties voluntarily, and to the Uklon Partner’s loss of confidential personal data information against his/her will.
2.12. Registration of an account by a Uklon Partner, which is a legal entity or an individual entrepreneur (hereinafter referred to as a motor transport company). After concluding a separate agreement, the trucking company can independently register accounts for its employees and/or service providers. In such case, the transport company must ensure that its employees and/or service providers comply with the requirements of this Agreement and any other Uklon terms posted on the Website and agree to act in accordance with their terms and obligations. The trucking company and its employees and/or service providers are jointly and severally liable for any violation committed by such employee and/or service provider.
2.13. Disable an inactive account. In order to avoid inefficient allocation of resources, Uklon has the right to delete (close) the account of the Uklon Partner, if the Uklon Partner does not use the account for 2 (two) consecutive years, including, but not exclusively, does not authorize in the personal account.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3. 1. Obligations of the Uklon Partner:
3. 1. 1. fulfill all accepted Orders;
3. 1. 2. execute the Order exclusively using vehicles that are in proper technical condition, taking into account the period of operation, mileage of the vehicle and seasonality;
3. 1. 3. carry out maintenance of the vehicle with which the Orders are executed;
3. 1. 4. to comply with the rules of passenger transportation, which are defined by the legislation of Ukraine;
3. 1. 5. issue and keep up-to-date all the necessary permit documents, which are defined by the legislation of Ukraine regarding the provision of services for domestic transportation of passengers by passenger cars;
3. 1. 6. not transfer either the right or the possibility of access to the Online Service to third parties;
3. 1. 7. timely and fully pay the fee for obtaining access to the Online Service;
3. 1. 8. to provide Uklon with the necessary information related to the fulfillment of the terms of this Agreement;
3. 1. 9. in the case of refusal without good reason to fulfill the accepted Order, notify Uklon about it. Otherwise, the Agreement may be terminated by Uklon unilaterally;
3. 1. 10. comply with the Standard Requirements for Cooperation posted on the Website under the links Requirements for behavior and communication and Requirements for cars ;
3. 1. 11. during the execution of the Order, do not use mobile applications and navigators that are directly or indirectly controlled by Russian citizens and/or Russian companies, including, but not limited to: “Yandex Maps and Navigator”, “2GIS-accurate offline – maps”, “GPS navigator CityGuide”, “Navitel Navigator”;
3. 1. 12. in case of receiving a notification in the Mobile Application about the need to return the shipment to the User (sender) during the execution of the Order for the provision of courier delivery services, return such shipment to the User;
3. 1. 13. provide services to Users in the national language;
3. 1. 14. broadcast music in the salon only after obtaining the consent of all Users;
3. 1. 15. not to take photos and videos of Users without their consent and not to publish and distribute (not publish) photo and video materials depicting Users without their consent;
3. 1. 16. refrain from personal contacts with Users that are not directly related to the execution of the Order;
3. 1. 17. not to use the personal data of Users, which became known to the Uklon Partner during the execution of the Order, for their own personal purposes or in the interests of third parties.
3. 2. Rights of the Uklon Partner:
3. 2. 1. access the Online Service and use it in accordance with the terms of this Agreement;
3. 2. 2. to receive from Uklon the necessary clarifications related to the fulfillment of its obligations under this Agreement;
3. 2. 3. in the event that the Uklon Partner discovers during the performance of the courier delivery service items, the transportation and delivery of which is prohibited by the current legislation of Ukraine, to refuse the transportation and delivery of such items;
3. 2. 4. withdraw your consent to the life and health insurance provided by Uklon at any time by sending a corresponding message to the following e-mail address of Uklon: control@uklon.com.ua .;
3. 2. 5. use the “SOS” button in case of emergency situations.
3. 3. Responsibilities Tilt:
3. 3. 1. provide the Uklon Partner with the opportunity to access the Online Service from an electronic device (mobile phone, tablet, computer) of the Uklon Partner and the opportunity to register a personal account on the Website;
3. 3. 2. demand compliance by the Uklon Partner with the appropriate level of service to Users in accordance with this Agreement.
3. 4. Tilt rights:
3. 4. 1. check compliance by the Uklon Partner with the terms of this Agreement;
3. 4. 2. to receive payment from the Uklon Partner in accordance with the procedure provided for in this Agreement;
3. 4. 3. in case of non-fulfillment or improper fulfillment by the Uklon Partner of the terms of this Agreement, to demand the elimination of violations;
3. 4. 4. refuse the Uklon Partner to conclude this Agreement or terminate it unilaterally without warning in case of non-compliance or violation by the Uklon Partner of this Agreement and/or the Standard Requirements for Cooperation posted on the Website;
3. 4. 5. terminate this Agreement unilaterally or temporarily suspend access to the Online Service without warning in the event that the Uklon Partner commits actions that carry financial and/or reputational risks or other negative consequences for Uklon ;
3. 4. 6. to insure the life and health of the Uklon Partner during the execution of the Order. Insurance is carried out by Uklon at its own expense, the Uklon Partner is not obliged to pay any insurance payments. The choice of insurance company and insurance conditions are determined at the discretion of Uklon, to which the Uklon Partner gives his consent.
4. AMOUNT OF PAYMENT AND PROCEDURE OF CALCULATIONS
4.1. Uklon Partner pays Uklon a fee for providing access to the Online Service. The maximum amount of the fee is (hereinafter – the Maximum fee):
4.1.1. 21% of the cost of the Transportation Services specified in the Order.
4. 2. Payment for access to the Online Service is made by the Uklon Partner through payment terminals or by non-cash payment to the Uklon bank account. The Uklon partner has the right to make an advance payment for providing access to the Online Service. In addition to the cases expressly provided for in this Agreement, funds received by Uklon, as a commercial agent of the Uklon Partner, from Users may be credited as payment to the Uklon Partner for providing access to the Online Service. The Uklon partner is notified of each such credit by displaying the corresponding Internal Balance adjustments in the account (personal account).
4.3. The Maximum fee may be changed by Uklon temporarily or permanently depending on various factors at Uklon’s discretion by notifying Uklon Partner in the manner specified in section 5 of this Agreement. Also, depending on certain circumstances (the ratio of supply and demand and/or other specifics of the Order), Uklon reserves the right to reduce the amount of fee that is actually applied to individual Orders. Uklon Partner is informed and consents to the fact that the reduction of the fee is carried out by Uklon without prior notification to Uklon Partner.
4. 4. The Uklon Partner pays Uklon a fee for the provision of maintenance and administration services for the Uklon Partner’s account (personal account) in the Online Service and account deletion (deactivation) services (hereinafter – Administration Services). From the moment the account is deleted, the Administration Services are considered to be properly provided by Uklon and accepted by the Uklon Partner.
4. 5. The Parties agreed that, in case of deletion of the account (personal account), the balance of the advance payment, which is reflected in the Internal Balance of the Uklon Partner as of the date of such deletion, is the cost of the Administration Services provided to the Uklon Partner as agreed by the Parties.
5. TERM OF THE AGREEMENT, PROCEDURE FOR AMENDMENT AND TERMINATION
5. 1. This Agreement is concluded for an indefinite period and may be terminated by any of the Parties unilaterally with prior notification of the other Party 5 (five) days before the date of termination, unless otherwise provided by the provisions of this Agreement .
5. 2. If within 1 (one) year from the moment of making the last payment for access to the Online Service, the Uklon Partner has not made any further payment, this Agreement shall be deemed terminated. This provision does not deprive the Uklon Partner of the right to contact Uklon for the purpose of concluding a new Agreement in the future.
5. 3. Uklon has the right to unilaterally change or update the terms of this Agreement at any time, including by approving a new version of the Agreement. All changes in this Agreement, including those set forth in the updated version of the Agreement, enter into force from the date of the revision of the Agreement, which is indicated at the end of the text of the Agreement.
5. 4. Uklon notifies about amendments to the Agreement by sending a corresponding notification to the Uklon Partner by means of communication indicated by the Uklon Partner during registration, and by publishing the amended or updated version of the Agreement on the Website. The moment when the Uklon Partner becomes familiar with the published information is considered the moment when the information became available to the Uklon Partner in accordance with the terms of this Agreement.
5. 5. Any changes to the Agreement from the moment it enters into force apply to all persons who joined the Agreement, including those who joined the Agreement before the date of entry into force of the changes to the Agreement.
5. 6. Amendments to the Agreement, published by Uklon in the manner prescribed by this Agreement, become effective from the moment of publication of the amendments to the Agreement or the publication of the updated version of the Agreement. In this regard, the Uklon Partner is suggested to periodically review the current version of the Agreement, in particular, on the Website.
5.7. Detailed information on the deletion of a unique account (personal account) by the Uklon Partner is indicated on a separate page of the Website, which is freely accessible https://uklon.com.ua/delete-account/
6. RESPONSIBILITY OF THE PARTIES
6. 1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations, provisions or conditions of this Agreement in accordance with the current legislation of Ukraine, unless otherwise provided for in this Agreement.
6. 2. In the event that the Uklon Partner has violated its obligations to make any payments under the Agreement, Uklon has the right to demand from the Uklon Partner, and the latter undertakes within 10 (ten) calendar days from the date of receipt from Uklon of the corresponding notice of payment, to pay to Uklon a penalty in the amount of double the accounting rate of the National Bank of Ukraine on the overdue amount for each day of overdue.
6. 3. If the Uklon Partner violates its obligations to make payments under the Agreement, Uklon has the right to terminate the Uklon Partner’s access to the Online Service without warning.
6. 4. Termination of access to the Online Service Uklon due to the reasons specified in Clause 6. 3 of the Agreement does not release the Partner Uklon from the fulfillment of obligations that arose before such termination of access to the Online Service, as well as payment of penalties for benefit Tilt.
6. 5. In case of termination of access to the Online Service in accordance with clauses 6. 3, 6. 4 of this Agreement, in order to renew the provision of such access, the Uklon Partner must pay the cost of access to the Online Service and the Uklon fee in full. If the Uklon Partner does not wish to renew access to the Online Service within 5 (five) calendar days from the date of termination of such access, Uklon has the right to unilaterally terminate this Agreement.
6. 6. In case of cancellation by the Uklon Partner of accepted Orders, Uklon may apply the following measures of influence: the first cancellation – a warning, the second cancellation – a fine of UAH 50.00, the third cancellation or more – a fine of UAH 100 for each cancellation, cancellation of orders to Boryspil airport and/or in the opposite direction — a fine of UAH 300 for each case of cancellation.
6. 7. In the event that the Uklon Partner makes unjustified and/or false presses of the “SOS” button, which is intended exclusively for emergency situations during the execution of Orders, Uklon applies the following measures of influence: the first false call – a warning, the second false call – a fine in the amount 50.00 hryvnias, the third summons or more — a fine in the amount of 100.00 hryvnias for each case.
6. 8. If the Uklon Partner increases the cost of the service specified in the Order, Uklon has the right to charge the Uklon Partner a fine equal to the amount of the excess of the cost of the service specified in the Order.
6. 9. In case of damage caused to Uklon, as a result of a violation by the Uklon Partner and/or the persons involved by them of the documents Requirements for behavior and communication and Requirements for cars posted on the Website , the Uklon Partner shall pay a fine of up to UAH 100,000.00 at the request of Uklon .
6. 10. Uklon is not obliged to pay the Uklon Partner the value of the Order specified for the User, if the payment did not take place because the User’s bank card or other payment was canceled or did not go through for other reasons. In this case, Uklon can help the Uklon Partner to request the appropriate amount of the Order from the User and help in communication with the User regarding debt repayment. In any case, regardless of the provisions of this paragraph, Uklon is not a party to the contract for the provision of services concluded between the Uklon Partner and the User.
6. 11. All complaints and claims that arise in any relation to the services are accepted and considered with the help of Uklon service (information) support. In case, based on the results of consideration of complaints and claims of Users, it turns out that the Uklon Partner is guilty of the quality of the services provided, the Uklon Partner bears full responsibility for the violation of the quality of services that arose due to its fault.
7. FORCE MAJOR
7. 1. None of the parties shall be liable for non-performance or improper performance of its duties, if such non-performance or improper performance is caused by the occurrence of force majeure circumstances major
7. 2. To force force majeure includes, but is not limited to: (1) fire, flood, earthquake, explosion, storm, landslide, epidemic and other natural phenomena and natural disasters; (2) as well as military actions, strikes, disruptions in the operation of payment systems and telecommunication networks, the adoption of a decision by a state authority or local self-government body that made the proper execution of this Agreement impossible, etc.
8. PERSONAL DATA
8.1. All issues related to the collection, use, processing and protection and otherwise processing of the personal data of the Uklon Partner are regulated by a separate Regulation on the processing and protection of personal data, which is posted on the Website and in the Mobile Application.
9. OTHER PROVISIONS
9. 1. This Agreement is freely available on the Website. The Agreement enters into force for Uklon from the moment of its publication on the Website, for the Uklon Partner from the moment of its Acceptance, taking into account the provisions of Clause 5. 5. of the Agreement.
9. 2. The contract can be concluded with any natural person who has reached the age of majority and has full legal capacity. The contract can be concluded with any legal entity created in accordance with the legislation of Ukraine, any other state or international norms.
9. 3. The place of conclusion of this Agreement is the location of Uklon.
9. 4. In cases not provided for by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
9.5. By accepting the execution of the Order, according to which the User has chosen a non-cash method of payment for the Services, the Uklon Partner thereby confirms that he has read and accepts the conditions (public contracts) on the provision of funds transfer services without opening an account for Uklon Partners, publicly offered by the payment institutions that provide the service relevant payment transactions. The partner has the opportunity to familiarize himself with the conditions (public contracts) on the provision of funds transfer services without opening an account on the official websites of the relevant payment
institutions, namely:
9.5.1. With the terms of providing funds transfer services without opening an account, which are provided to Users by PROFITGID LIMITED LIABILITY COMPANY – on the website https://www.profitgid.ua /;
9.5.2. With the conditions of providing funds transfer services without opening an account, which are provided to Uklon Partners by UNIVERSAL PAYMENT SOLUTIONS LIMITED LIABILITY COMPANY – on the website https://www.ipay.ua .
9.6. By entering into this agreement, the Uklon Partner authorizes Uklon, as its commercial agent, to receive the cost of the Services or other non-cash payments paid by the Users, and to transfer the corresponding funds to the Uklon Partner. Uklon reserves the right to involve third parties as sub-agents for the exercise of the rights and obligations arising from the terms of this clause 9.6., including the authority to accept payments from Users and forward payments to Uklon Partners. At the same time, payment of the cost of Services or other payments by Users and their payments in favor of Uklon Partners are made through the payment systems involved by Uklon and/or its sub-agents.
9.7. Any disputes and disagreements arising out of or in connection with this Agreement or its conclusion, execution or termination shall be resolved through negotiations between the Parties. If the Parties cannot settle the dispute through negotiations within 30 (thirty) calendar days after one of the Parties has notified the other Party in writing of the occurrence of such a dispute or disagreement, then such a dispute shall be resolved in a court of law under the jurisdiction and jurisdiction established by the legislation of Ukraine.
9.8. The Uklon partner is obliged to maintain the means by which the transportation Services are provided and all the equipment and facilities necessary for the performance of the Services and access to the Online Service in good condition. The Uklon Partner is responsible for paying all costs incurred by him/her in the provision of the Services, fuel costs, cost of mobile tariff plans, customs duties, vehicle depreciation, insurance, relevant income taxes, corporate taxes or personal income taxes , etc.
9.9. If, during the provision of transportation Services, any of the Users negligently damaged the vehicle or its equipment (among other things, damaged or polluted the vehicle or caused a stench in the vehicle), Partner Uklon has the right to demand compensation from the User for any damages. At the same time, Uklon does not guarantee reimbursement of such damages by the User and does not bear any responsibility for direct or indirect damages/expenses related to the cleaning or maintenance of the vehicle caused by the actions of the Users.
9.10. The Uklon Partner undertakes to comply with all tax obligations arising for the Uklon Partner in connection with the provision of the Services, including (i) payment of personal income tax, military duty or any other applicable tax; (ii) a single social contribution to mandatory state social insurance or other similar payment for yourself and/or for your employees as required by law and (iii) fulfillment of all obligations regarding registration and/or registration of the Uklon Partner and/ or employees of the Uklon Partner and/or tax registration for calculations and transfers to the relevant budget and/or to the relevant account, as required by current legislation.
9.11. If the tax authority requests Uklon to provide information regarding the Uklon Partner’s activities, Uklon has the right to provide the tax authority with any and all information it has about the Uklon Partner’s activities to the extent required by law. Partner Uklon is obliged to comply with all current tax regulations that may be applied in connection with the provision of Transportation Services. The Uklon Partner undertakes to compensate Uklon for any and all taxes, contributions, state fees, payments, fines or other mandatory payments or obligations that Uklon incurs in connection with the failure of the Uklon Partner to fulfill its obligations arising from the applicable tax regulations (including the obligation to pay personal income tax, military duty and the single social contribution to the mandatory state social insurance or any other applicable mandatory payment).
9.12. This Agreement does not establish any other legal relations (including labor relations) between the Parties and/or with any third parties than those established by this Agreement.
9.13. If any provision or condition of this Agreement is found to be invalid or not statute-barred, all other terms and conditions shall remain valid and statute-barred. All such invalid or non-time-barred provisions shall be amended to be valid, time-barred and reflect the intent of the parties.
9.14. The database formed as a result of the provision of Uklon services is the exclusive property of Uklon, and the Uklon Partner does not have any rights or powers in relation to it, including the registration of the database in accordance with the current legislation of Ukraine.
9.15 This Agreement is drawn up in the Ukrainian language, but is provided for viewing in Russian and English. In the event of a discrepancy between the original version of the Agreement in the Ukrainian language and the version of the Agreement in another language, the provisions of the original version of the Agreement in the Ukrainian language shall apply in this case.
10. DETAILS:
LLC “UKLON UKRAINE”
04073, Kyiv, pr-t. S. Bandery, bldg. 20B
EDRPOU code 44293344
IBAN: UA973006140000026000500496156
in JSC “CREDI AGRICOLE BANK”
TIN 442933426546
Tel. +380931771511
e-mail: uklon1@uklon.com.ua
Published on July 10, 2024.
This Privacy Policy (hereinafter referred to as the “Policy”) has been developed by LIMITED LIABILITY COMPANY “UKLON CORPORATE”, Company code 44378710, location: 20B Bandery Avenue, Kyiv, 04073 (hereinafter referred to as the “Company”, “we”, “us”) to explain how and why we collect and process personal data, how long we store it, and what rights the personal data subjects have in connection with our processing of such data.
One of our priorities is consistent and effective data protection, so we make every effort to ensure that your personal data is secure and processed in accordance with applicable law and industry best practices.
The Policy applies to those persons whose personal data is processed or may be processed in the future by us as a data owner, including if such persons use special sections of our website https://uklon.com.ua/business/, https://corporate-portal.uklon.com.ua and/or https://uklon.com.ua/delivery (hereinafter referred to as the “Website”) , send us the appropriate registration form, contact us with inquiries, order our services for the delivery of B2B orders and/or corporate trips for employees (hereinafter referred to as the “Services”) , which is accompanied by the collection of personal data.
When we control the methods of collecting personal data and determine the purposes for which such data is used, the Company acts as a personal data owner within the meaning of the Law of Ukraine “On Personal Data Protection” dated 01.06.2010 No. 2297-VI (hereinafter referred to as the “Law”).
By using the Website (in the relevant part ) and/or using the Services, you agree and represent that you have read, understood, accepted and agreed to be bound by the terms of this Policy. If you do not agree to the processing of your personal data in accordance with this Policy, please do not let us know your information.
We may amend or change this Policy from time to time without prior notice, including if it’s required by law. You hereby give your consent to the amendments to the Policy without receiving any special confirmation from you. We would recommend that you regularly check the current version of the Policy on the Website to stay informed of the latest changes.
What personal data we process
We collect and process personal data that you voluntarily provide us with, including, but not limited to: name, surname, position, email address, phone number, and location address.
This personal data may be provided by you both when completing the registration form on the Website and when completing your profile later, after you have registered the account.
At the same time, if a business entity (legal entity or individual entrepreneur) creates an account on the Website, the account may contain personal data of employees and other individuals who may use our Services. Accordingly, the Company will process such personal data, in particular, name, surname, email address, phone number, position, order information.
We also process your data when you contact our customer support team or contact us through other communication channels. In this case, we may record our conversations and/or correspondence, which may also contain personal data.
Personal data that we process automatically
We may automatically process certain data, including your IP address, the date and time you used our Services, information about the hardware and software and the Internet browser you are using, as well as information about the operating system of your computer or mobile device (for example, language settings). We may also collect information about clicks on certain buttons and visits to web pages on the Website.
Such data is typically collected through cookies and similar technologies used by the Company to operate the Website and provide you with functionality and personalized communications.
Personal data of other persons that you provide us with
You can place orders not only for yourself. You can order the Transportation Service for any person by providing us with his/her phone number, name and address.
In addition, when orderingtheB2B Order Delivery Service, you provide us with the personal data of the recipient of the dispatch: the location address, name and/or surname, and telephone number. The Company shall have the right to use the contact details of the recipient of the dispatch received during the order of the Service to notify the recipient of the dispatch, clarify the location, as well as receive feedback on satisfaction with the Service and the Company’s ability to provide similar Services (direct marketing).
In this regard, we should note that you are responsible for ensuring that the person whose personal data you have provided knows that you have done so, understands and agrees to the way we use their personal data (in particular, as set out in this Policy). Please make sure that you have a lawful basis for transferring the personal data of another person to us in order to provide the relevant Service.
Information obtained from other sources
This information may include user feedback such as ratings or compliments, information from users or others who provide information in connection with claims or disputes, information from insurance providers and from public sources (such as social media). We may combine the information collected from these sources with other information in our possession.
How we process your personal data
The processing of personal data means any action or series of actions in relation to personal data that are necessary to achieve the above goals, including, but not limited to: collection, systematization, accumulation, storage, adaptation, clarification (updating, modification), use, distribution (including through sale or transfer), cross-border transfer, depersonalisation, blocking, destruction, as well as any other actions with personal data in accordance with the current legislation of Ukraine.
By accepting the terms of this Policy when registering on the Website, you agree to the terms of personal data processing and confirm that you act of your own free will and understand the legal consequences thereof.
Consent to the processing of personal data is provided by you in cases where there is no other legal basis for the processing of the relevant personal data, for example, for the purpose of sending advertising. At the same time, when you order our Services, thereby entering into a transaction with us (on the terms of a public offer or an individual agreement), or when the processing of personal data is required by applicable law, the Company does not need to obtain consent to process such data.
It should also be noted that this Policy is a written notice to the personal data subject that they are included in the personal database of the Company, which acts as the personal data owner.
Why and on what basis we process your personal data
We process your Personal Data for the following purposes:
- Fulfillment of the terms of the contract: fulfillment of obligations in accordance with the terms of the contract for the provision of passenger transportation services or delivery of B2B orders (on the terms of a public offer or an individual agreement). In particular, this includes obligations that are necessary to enable you to use the Website.
- Placing and fulfilling orders: we use personal data in order to place orders for passenger transportation and/or delivery of B2B orders by you, as well as to transfer personal data to Uklon partners in order for the partners to fulfill the relevant orders.
- Customer service: the processing of personal data by the customer service team can help you with your orders and answer related questions, as well as any other questions you may have.
- Account: when users create an account on the Website, the Company uses the information provided to manage the account.
- Communication with you: we may contact you on other issues, in particular, to evaluate the quality of our Services, to respond to a previously received request. Such requests are usually made by e-mail, telephone (call or SMS) and through push notifications on the Website.
- Call tracking: when you call our support team, we use an automatic caller ID system to identify your phone number with your order. Conversations with support staff may be listened to in real time or recorded for the purpose of monitoring the quality of the Services and further training of our team. The records are stored for a limited period of time and deleted automatically, unless we deem it necessary to retain them for a longer period (if necessary, including for the purpose of investigating cases related to violations of the law or violations of your rights).
- Legal purposes: in some cases, we may use your personal data to process and transfer it to the competent authorities in accordance with the current legislation of Ukraine.
- Marketing purposes: the Company may provide you with marketing information in several ways, including by e-mail, telephone, text messages (including through messengers) and online (when using the Website). We send you marketing materials with your explicit consent or if we have a legitimate interest in doing so for direct marketing purposes.
Disclosure and transfer of personal data to third parties
Under certain circumstances, the Company may transfer your personal data to third parties:
- Executors of placed orders: we transfer your personal data to Uklon partners in order to fulfill your orders (transportation or delivery). Also, in some cases, at the request of a partner, we may share your phone number, but only if you have given us your consent.
- 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, to send out information (e.g., SMS messages). Independent service providers agree to comply with the appropriate level of personal data protection and are not allowed to use your personal data for any purpose other than that specified by us to provide the relevant service.
- Competent authorities: We may disclose personal data to state, local, other regulatory, administrative or law enforcement authorities, as well as to the courts to the extent required by applicable law of Ukraine or if it is necessary to prevent, detect or stop criminal acts and fraud. In addition, personal data may be disclosed to competent authorities to protect our rights or property, as well as the rights and property of our partners.
Personal data storage periods
Your personal data is stored for the period necessary to achieve the processing purposes or for the established information retention period, if required by applicable law.
If your account is deleted, your personal data will also be deleted from the database, unless this data is required for legal, accounting and fraud prevention purposes.
Personal data necessary for the above purposes may be stored after the termination of our cooperation with you for 3 (three) years (limitation period) or for a longer period established for the storage of a particular type of information/data, if provided by applicable law.
After the expiration of the above period, we delete or anonymize your personal data so that it can no longer be associated with you personally.
Please note that logging out of your device or deleting your user account does not delete all personal data. Personal data may be deleted on the Company’s side.
How we protect your personal data
We know that information security is important to our users and customers, and we care about the security of your personal data. In particular, we maintain technical and administrative security measures to protect all personal data from loss, misuse, unauthorized access, disclosure or alteration.
Some of the measures we use include firewalls, data encryption, physical access controls to our data centers, and information access controls. Only authorized personnel have access to personal data during their work.
How we treat children’s personal data
We consciously do not collect or store personal data of individuals under the age of 18.
The Website and our Services are not intended for use by individuals under the age of 18. If you are under the age of 18, please do not use or access the Website or use our Services.
If you believe that your child has accessed the Website or otherwise provided their personal data, we recommend that you contact us immediately by sending detailed information to privacy@uklon.com.ua and we will use our best efforts to remove such information.
Cookies
A cookie is a small piece of data that is sent to a browser on your computer or mobile device. Cookies are used for various purposes. They help to recognize you as the same user on different pages of the Website.
Cookies usually do not contain any personally identifiable information, but the personal data we store about you may be linked to information stored in and derived from cookies, such as IP address, device ID, country or region, and clickstream history.
In order to better understand cookies and make informed choices, we recommend that you read the cookie guide of your respective browser or visit www.aboutcookies.org or www.allaboutcookies.org.
We may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, and advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technologies (collectively, “Cookies”), in connection with your use of the Website for certain purposes, namely authentication, remembering preferences, collecting statistical information, personalization and other purposes as described below.
When you visit the Website, you will be informed about this by means of a corresponding banner with cookies.
Any user of the Website can decide whether to accept or reject some or all types of cookies, with the possibility of controlling this through the browser settings on their device. Browsers usually allow you to refuse to accept and delete cookies.
Please note that if you disable cookie settings, you may encounter some difficulties when using certain features of the Website.
Rights of data subjects
We guarantee you the exercise of the rights to protect your personal data and other rights provided for in Article 8 of the Law. In particular, as a personal data subject, you have the following rights:
1) to know about the sources of collection, location of their personal data, the purpose of their processing, location or place of residence (stay) of the personal data owner or administrator or to give an appropriate order to authorized persons to obtain this information, except in cases established by law;
2) to receive information on the conditions for granting access to personal data, including information about third parties to whom personal data is transferred;
3) to access their personal data;
4) to receive a response on whether your personal data is processed no later than thirty calendar days from the date of receipt of the request, except as provided by law, and to receive the content of such personal data;
5) to submit a reasoned request to the personal data owner with an objection to the processing of your personal data;
6) to submit a reasoned request to change or destroy your personal data by any personal data owner and administrator if such data is processed illegally or is unreliable;
7) to protect your personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;
8) to file complaints about the processing of your personal data with the Ukrainian Parliament Commissioner for Human Rights or a court;
9) to apply legal remedies in case of violation of the legislation on personal data protection;
10) to make reservations regarding the restriction of the right to process your personal data when giving consent;
11) to withdraw consent to the processing of personal data;
12) to know the mechanism of automatic processing of personal data;
13) to protect yourself from an automated decision that has legal consequences for you.
Please note that when you contact us, you need to go through the identification process and submit your specific requirements so that we can process your request and provide a response legally. If we are unable to identify you through communications or have reasonable suspicions about your identity, we may ask you to provide proof of identity. This is the only way we can avoid disclosing your data to a person who may impersonate you, i.e. the identification process is carried out in your best interests. Any additional information collected for verification purposes will only be used to confirm your identity.
We process requests as quickly as possible, but please note that providing a complete and legitimate response is a complex process that can take up to a month or more. We will notify you if we need more time to prepare a response.
How you can withdraw your consent to data processing
You may withdraw your consent to the processing of all or part of your personal data, if we process this data on the basis of your consent, by sending a notice to the following e-mail address: privacy@uklon.com.ua
Please indicate “Withdrawal of consent to data processing” in the subject line of your notice to speed up the processing of your request and provide you with a response.
In this case, withdrawal of consent to the processing of personal data is possible only in relation to the future processing of personal data. Decisions and processes made during the processing of personal data cannot be revoked in the past.
Please note that we may not delete certain personal data if this data is required for legal purposes, purposes of fulfilling the terms of the contract or preventing fraud and/or if we need this personal data to fulfill our obligations under the laws of Ukraine. We will inform you about this in our response.
How to contact us
We have appointed a person responsible for the protection and processing of personal data. Please send all questions, comments, requests regarding this Policy or the exercise of your legal rights regarding the processing of personal data to the following e-mail address: privacy@uklon.com.ua.
This version is effective as of July 2, 2024.
Terms for Providing Beta Versions
These Beta Version Terms of Use (hereinafter referred to as the “Terms”) are an agreement between UKLON UKRAINE LLC (hereinafter referred to as “Uklon”) and another person who is a user of the Beta version of the Online Services (hereinafter referred to as the “User”).
TERMS
The terms used in these Terms have the following meanings:
• Beta Version — an Online Service or a feature of the Online Service that is designated or presented to the user as an alpha version, beta version, experimental, pilot, limited version, version under development, developer preview version, early access version, non-production version, evaluation version — that is, provided before the general commercial release (and may be designated “Beta Version”).
• Online Service — Uklon Driver Online Service, Uklon Online Service, Website, Uklon Mobile Application, Uklon Driver Mobile Application, as well as any other computer programming results owned by Uklon or its licensors. The terms Uklon Driver Online Service, Uklon Online Service, Website, Uklon Mobile Application, Uklon Driver Mobile Application are used in these Terms in the meaning given in the User Agreement and the Public Offer for the provision of access to the online service (supply of software products), which are available on the Website page htps://uklon.com.ua/user-agreement/ (hereinafter referred to as the “Standard Terms”).
GENERAL TERMS AND CONDITIONS
1.1. Uklon may introduce new or expand previous Online Services in the form of Beta Versions.
1.2. Uklon would like the Beta Version of the Online Service to be tested before a general commercial release.
1.3. From time to time, Uklon shall provide Users with the opportunity to test, at its sole discretion, certain features related to the Online Service that are clearly marked as Beta Versions. Beta Versions shall be intended for review. Uklon shall terminate access to Beta Versions at any time in its sole discretion and never make them publicly available.
1.4. At its sole discretion, Uklon shall determine the range of Users who may be granted access to the Beta Version.
1.5. The use of the Beta Version shall be in accordance with these Terms and the relevant Standard Terms applicable to a particular Online Service. If there is a conflict between these Terms and any Standard Terms, these Terms will prevail.
DISCLAIMER
2.1. The Beta Version, access to which is provided to the User, may contain defects and shortcomings. The main purpose of this Agreement is to receive feedback on the operation of the Online Service, to identify defects and improve the stability of the Online Service, to improve the performance of its own trial versions and to test the functionality of the application.
2.2. The user shall be advised to protect important data, exercise caution and not rely in any way on the correct functioning or performance of the Beta Version. By using any Beta Versions, the User shall acknowledge that he/she may experience technical difficulties, failures, errors or lack of functionality. Thus, the use of the Beta Version shall be at the User’s own risk.
2.3. Uklon shall make no warranties or promises as to the reliability or proper functioning of the Beta Versions.
2.4. Uklon shall not be liable for any damages, claims, losses, costs, demands or liabilities arising (directly or indirectly) from any defects in the Beta Version.
2.5. The User shall agree that Uklon may collect information related to any access, use, testing, performance and functionality of the Beta Versions, which will be processed in accordance with the Regulations on the processing and protection of personal data posted on the Website page htps://uklon.com.ua/user-agreement/.
INTELLECTUAL PROPERTY RIGHTS
3.1. Except as otherwise permitted by the law, the User agrees not to modify, distribute, prepare derivative software products, collect, decompose, decompile or otherwise attempt to crack any code associated with the Beta Version of any Online Service.
3.2. All intellectual property rights in any Beta Versions and all data created as a result of their use belong exclusively to Uklon or its licensors and shall not be copied, distributed, downloaded, republished, decompiled, decomposed or transferred in any way without the prior written consent of Uklon.
OTHER PROVISIONS
4.1. These Terms shall be freely available on the Website.
4.2. These Terms shall be governed by, interpreted and enforced in accordance with the laws of Ukraine.
4.3. These Terms may be revised and amended from time to time by Uklon in the manner provided for in the Standard Terms.
UKLON UKRAINE LLC
20B S. Bandery Avenue, Kyiv, 04073
EDRPOU code: 44293344
Tel.: +380931771511
e-mail: uklon1@uklon.com.ua
Published on December 15, 2023
User Agreement for the Inclusive Class
1. GENERAL PROVISIONS
1. 1 The User Agreement for the Inclusive Class (hereinafter referred to as the “Agreement”) is a supplement to the User Agreement for the Provision of Access to the Online Service (Software Supply) between the User and UKLON UKRAINE LLC (hereinafter referred to as the “Administrator”), posted on the Administrator’s Website at https://uklon.com.ua/user-agreement and the Mobile Application in terms of the functionality of the Online Service for access to the Inclusive Class and supersedes all previous agreements between the User and the Administrator for such class.
1. 2 When using access to the Inclusive Class through the Online Service, the User, regardless of their legal status and civil capacity, shall be subject to the rules and restrictions set forth herein.
1. 3 The Agreement, including all amendments and addenda, shall be posted for public information on the Website and in the Mobile Application.
1. 4 The User confirms that he/she is fully familiarized with and agrees to the terms and conditions of the Agreement. In case the User disagrees with any of the provisions of this Agreement, the User may not use access to the Inclusive Class through the Online Service.
1. 5 The User understands that access to the Inclusive Class of the Online Service is provided by downloading a computer program (Mobile Application) and using it, as well as by entering the relevant data and using the software functions of the Website.
1. 6 The User agrees to comply with the terms and conditions of this Agreement when registering the User on the Website and/or in the Mobile Application and/or placing an Order on the Website without registering the User.
1. 7 The Administrator may amend or otherwise modify this Agreement without prior notice to the User. The User hereby agrees to amend the Agreement without obtaining any special confirmation from the User.
1. 8 In this Agreement, the following terms shall have the following meanings:
• Inclusive Class User shall mean a User of the Online Service who has a disability related to a musculoskeletal disorder and/or is less mobile and/or has limited physical capabilities for other reasons, and therefore requires special transportation conditions with the possibility of placing a wheelchair in the vehicle;
• Transportation Organizer shall mean UKLON CARE NON-GOVERNMENTAL ORGANIZATION, which is a non-profit non-governmental organization established under the laws of Ukraine with the status of a legal entity;
• Carrier shall mean a carrier (carriers) that has a valid license for the carriage of passengers by passenger automobile transport and provides transportation services for the Inclusive Class Users at the request of the Transportation Organizer.
• Inclusive Car shall mean a passenger car specially equipped for the transportation of passengers with wheelchairs.
• Inclusive Car Order shall mean an order by the Inclusive Class User for the provision of passenger transportation services by an Inclusive Car.
• Transportation Services shall mean passenger transportation services by road provided by the Carrier. Nothing in this Agreement is intended or implies that the Administrator provides or may provide Transportation Services.
• Transportation Organization Services shall mean services for organizing the transportation of passengers by road provided by the Transportation Organizer. Nothing in this Agreement is intended or implies that the Administrator provides or may provide Transportation Organization Services.
All other terms shall be used in the meaning given in the User Agreement for the provision of access to the Uklon Online Service.
2. REGISTRATION OF AN INCLUSIVE CLASS USER
2. 1 To gain access to the Inclusive Class of the Online Service, the User shall register in the Uklon Online Service through the Website or Mobile Application, as a result of which a unique User account is created, which provides access to the Online Service and selects the Inclusive Class among the available functionality.
2. 2 In case of providing false information by the Inclusive Class User during registration or in the future when using access to the Online Service, the Administrator shall have the right to suspend or cancel the account (registration) of the Inclusive Class User without prior notice or obtaining any consent of the Inclusive Class User.
2. 3 In case of detection of the fact of using the Inclusive Class by a person who does not meet the definition of Inclusive Class User given in this User Agreement, that is, in the absence of objective grounds for using the Inclusive Class (health features associated with a violation of the musculoskeletal system and movement with a wheelchair), the Administrator shall have the right to suspend or cancel the account (registration) of the Inclusive Class User without prior notice or obtaining any consent.
3. PERSONAL DATA
3. 1 Issues related to the collection, use, processing, and protection of the User`s personal data shall be governed by a separate Privacy Policy posted on the Website and in the Mobile Application.
3. 2 The personal data of the Inclusive Class User may be used in accordance with the Privacy Policy and additionally for the purpose of fulfilling the obligations of the Organizer of transportation to maintain accounting, tax, financial, military records, preparation, submission, and publication of reports, etc.
3. 3 Except as provided in the Privacy Policy, the Administrator shall transfer the personal data of the Inclusive Class User:
• to the Transportation Organizer and the Carrier in order to fulfill orders placed by the Inclusive Class User and for the purpose specified in clause 3. 2. of this Agreement;
• to tax and other competent authorities to the extent and in the cases required by the current legislation of Ukraine.
3. 4 By accepting the terms and conditions of this Agreement when registering on the Website and/or in the Mobile Applications, the Inclusive Class User hereby expressly consents to the collection, use, and processing of personal data by the Administrator in accordance with the Privacy Policy and this Agreement and confirms that by giving such consent, he/she acts of his/her own free will and in his/her own interests. Consent to the processing of personal data shall be granted to perform any actions in relation to personal data that are necessary to achieve the above purposes, including, but not limited to: collection, systematization, accumulation, storage, adaptation, clarification (updating, modification), use, distribution (including through sale or transfer), cross-border transfer, depersonalization, blocking, destruction, as well as any other actions with personal data in accordance with the current legislation of Ukraine.
3. 5 The relations not regulated by this Agreement regarding the processing of personal data of the Inclusive Class User shall be governed by the terms and conditions of the Privacy Policy available on the Website at https://uklon.com.ua/user-agreement and in the Mobile Application.
4. ACCESS TO THE INCLUSIVE CLASS
4. 1 Access to the Inclusive Class of the Online Service shall be provided to the User solely for personal non-commercial use.
4. 2 By choosing the Inclusive Class among the functionality of the Uklon Online Service, the User confirms that he/she is a person with a disability who has a musculoskeletal disorder and/or is less mobile and/or has limited physical capabilities for other reasons, and therefore requires special transportation conditions with the possibility of placing a wheelchair in the vehicle.
4. 3 On a contractual basis, the Administrator shall provide the Transportation Organizer and the Carrier with access to the Online Service for the purpose of processing and fulfilling the Orders. The Administrator shall not be responsible and shall not assume any obligations to the Inclusive Class Users in respect of the Transportation Organization Services and Transportation Services and shall not provide any warranties to the Inclusive Class Users regarding the quality of such services.
4. 4 The procedure for providing the Transportation Organization Services shall be agreed upon by the Inclusive Class User by accepting the Public Offer of the Inclusive Class Transportation Organizer, which is posted on the website of the Transportation Organizer at https://uklon.com.ua/user-agreement. The User confirms that by accepting this Agreement, he/she simultaneously accepts and agrees to the Public Offer of the Transportation Organizer. In case the User disagrees with any of the provisions of the Public Offer, the User may not use access to the Inclusive Class through the Online Service.
4. 5 The Transportation Organizer shall have the right to insure the life and health of the Inclusive Class Users during the transportation. The insurance shall be provided by the Transportation Organizer at its own expense, and the Inclusive Class User shall not be obliged to pay any insurance payments. The choice of the insurance company and the conditions of insurance shall be determined at the discretion of the Transportation Organizer, to which the Inclusive Class User agrees. The Inclusive Class User shall have the right to withdraw his/her consent to insurance at any time by sending a notice to the following e-mail address of the Transportation Organizer: care@uklon.com.ua. The Administrator shall not insure the life and health of the Inclusive Class Users and shall not be responsible for the fulfillment by the Transportation Organizer or insurance companies of any obligations to the Inclusive Class Users related to insurance.
5. PAYMENT FOR SERVICES
5. 1 Payment for the Services of the Transportation Organizer shall be made by the Inclusive Class User in accordance with the tariffs published in the Mobile Application and on the Website.
5. 2 The User shall pay for the Transportation Services directly to the Transportation Organizer or its authorized persons.
5. 3 The User can pay for the Transportation Services by credit card through the Mobile Application or on the Website. At the same time, the Inclusive Class User shall automatically go to the website of the corresponding payment system and enter his/her personal data and bank card data directly on the website of this payment system. The Administrator shall not store or transfer bank card data of the Inclusive Class Users.
5. 4 The Administrator shall provide information support for the acceptance of payments by bank cards from the Inclusive Class Users and shall be solely responsible for the correct determination of the cost of the Transportation Services to be paid in favor of the Transportation Organizer and for communicating this information to the Inclusive Class Users. Acceptance and transfer of payments using bank cards shall be carried out by the respective payment systems authorized to provide the respective services.
5. 5 Payment for the Transportation Services can also be made by the Inclusive Class User through the Mobile Application using Google Pay, Apple Pay, provided that the relevant mobile applications are downloaded to their mobile device.
6. FINAL PROVISIONS
6. 1 This Agreement shall be governed by and construed in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the User Agreement for the Provision of Access to the Online Service https://uklon.com.ua/user-agreement and the current legislation of Ukraine. In the event of a conflict between the User Agreement regarding the provision of access to the Online Service and this Agreement, this Agreement shall prevail.
6. 2 All potential disputes arising or to arise out of the relations governed hereby shall be resolved in accordance with the procedure established by the current legislation of Ukraine at the location of the Administrator. Throughout this Agreement, unless otherwise expressly stated, the term “legislation” shall mean the legislation of Ukraine.
6. 3 Due to the free use of access to the Online Service, the rules on consumer protection provided for by the legislation of Ukraine cannot be applied to the relationship between the Inclusive Class User and the Administrator.
6. 4 Nothing in this Agreement may be construed as establishment between the Inclusive Class User and the Administrator of agency, commission, partnership, joint venture, employment or any other relations not expressly provided for in this Agreement.
6. 5 If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.
6. 6 Inaction on the part of the Administrator in case of violation of the provisions of the Agreement by any Inclusive Class User shall not deprive the Administrator of the right to take appropriate actions to protect its interests later, and shall not mean the waiver of the Administrator`s rights in case of further similar or related violations.
6. 7 This Agreement is made in Ukrainian, but is provided for review by the Users in Russian and English. In case of discrepancies between the terms and conditions of this document in Ukrainian and its Russian and English translations, only the Ukrainian version of the document available at the following link shall be legally binding: https://uklon.com.ua/user-agreement.
7. DETAILS OF THE ADMINISTRATOR:
UKLON UKRAINE LLC,
20B S. Bandery Avenue, Kyiv, 04073
EDRPOU code: 44293344,
IBAN: UA973006140000026000500496156
with CREDIT AGRICOLE BANK JSC
TIN 442933426546
Tel. +380931771511
e-mail: uklon1@uklon.com.ua
This version is effective as of November 6, 2023.
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:
- receive Charitable Donations and use them in accordance with the subject and terms of this Agreement;
- to independently determine the directions of use of the Charitable Donation in accordance with its statutory activity and the legislation of Ukraine, except for cases when the Benefactor has determined the specific purpose of his donation under a separate contract with the Organization. Thus, if the Benefactor does not specify the specific purpose of the Charitable Donation, it is considered that the donation was made for the implementation of statutory activities by the Organization;
- without agreement with the Benefactor, to change the direction of the use of the donation within the statutory activity of the Organization;
- without agreement with the Benefactor, to use a part of the Charitable Donation for the administrative expenses of the Organization, in an amount not greater than that provided for by the legislation of Ukraine.
10. The Organization is obliged to:
- in the case of using the Charitable Donation contrary to the purposes of this Agreement, return the funds to the Benefactor upon his written request.
11. The Benefactor has the right to:
- monitor the intended use of the Charitable Donation;
- receive information about the use of his Charitable Donation. For this purpose, the Organization may post monthly financial reports on the Website, which include information on (i) the amounts of donations received by the Organization during the reporting period, and (ii) the expenses of the Organization during the reporting period. At the Benefactor’s written request, the Organization may also confirm the intended use of the Charitable Donation with additional documents. Access to reports on the use of Charitable Donation is provided by the Organization in the manner and within the time limits stipulated by the current legislation of Ukraine and this Offer.
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:
- promoting the construction of a peaceful and open society for the purpose of its sustainable development;
- implementation of projects in the field of reducing CO2 emissions and other environmental initiatives;
- promoting the implementation of public-private partnership projects in all spheres of public life permitted by law for the purpose of sustainable development of society;
- implementation of projects in the field of ride-hailing development;
- promotion of the harmonious development of the transport infrastructure of cities that is safe for the environment;
- implementation of projects in the field of services for transportation of people with limited mobility by road transport;
- protection and implementation of human rights in Ukraine, in particular, civil and political rights; approval and implementation of all forms of direct democracy in Ukraine;
- protection of citizens from breach of their rights and freedoms guaranteed by the Constitution and laws of Ukraine;
- prevention of attempts to hinder the implementation of direct democracy in Ukraine;
- assistance in the provision of volunteer assistance (assistance in the collection of volunteer assistance) to units of the Armed Forces of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, the State Border Service, other legal paramilitary formations (organizations), as well as to persons who suffered as a result of military operations in Ukraine ;
- assistance in the implementation of recreational, cultural, educational activities for members of the Organization, as well as for persons who suffered as a result of military actions in Ukraine.
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:
- CHARITABLE ORGANIZATION “INTERNATIONAL CHARITABLE FOUNDATION “COME BACK ALIVE”, address: Ukraine, 01030, Kyiv, Bohdana Khmelnytskogo Street, building 32, office 41, EDRPOU code 39696398;
- CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION OF SERHIY PRYTULA”, address: Ukraine, 01135, Kyiv, str. Zolotoustivska, 47-49,152, EDRPOU code 43720363;
- CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “DIGNITAS”, address: Ukraine, 03039, Kyiv city, Holosiivska street, building 5, apartment 59, EDRPOU code: 44943914.
- CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “THE SKY OF VICTORY”, address: Ukraine, 01021, Kyiv, Pechersk district, Klovskyi descent, 7, EDRPOU code: 45109890
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 12 March 2024
COOKIE POLICY
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.
LEGAL AND CONTACT INFORMATION
Any reference in this Policy to “Uklon”, “We”, “Our”, “Us” shall mean Uklon LTD, a legal entity established under the laws of Republic of Cyprus, company number: HE 357185, with its duly registered address at: 12 Dimostheni Severi, 6th floor, flat/office 601, 1080 Nicosia, Cyprus.
Any reference in this Policy to “You”, “Your”, “Yourself” shall mean a natural person, who is visiting the Website/downloading the Mobile Application(s) and registering an account with those Website and Mobile Application(s).
Using of Cookies and processing of Your Personal Data will be carried out in compliance with all applicable laws and regulations on the protection of personal data, with particular reference to: (i) Regulation (EU) 679/2016 (the so-called “General Data Protection Regulation”); (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:
- saved in the web browser on Your computer or other device each time when You access the Website;
- used to identify Your computer or other device, which You use to visit the Website or Mobile Application; and
- used to store information, including users’ preferences and page views for customization of the Website’s content to each user and subsequent improvement of Your browsing experience and overall the Website and Mobile Application secure functionality etc.
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 Cookies | Third-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:
| Name | Description | Example |
| Session Cookies | Enabled only for the duration of the Website’s use. i.e. from the Website load and till its full closure. | The overall time; details of user device (e.g., geo-location); to provide certain live chat sessions; performance issues identification. |
| Permanent Cookies | Stored as file on Your computer or other device for a certain period of time. | Password, language of the Website. |
Category 3 – Depending on the functionality:
| Name | Description | Example |
| Necessary Cookies | Strictly necessary to enable You to browse around the Website and use its features, as they were developed and intended to work. These 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 Cookies | Enable the Website to remember information that changes the way the Website behaves or looks. These are First-Party and Third-Party Cookies. | To detect and apply Your preferred language or the region that You are in. |
| Statistics Cookies | Enabled for the purpose of collection of information as of the user’s activities/use of the Website and the Website 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 Cookies | Marketing cookies are used to track visitors across websites. | To display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers. |
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:
- Doubleclick;
- Google AdSense;
- Google Analytics;
- Meta Platforms, Inc.;
- YouTube;
- CookieBot;
- Hotjar;
- Wixstudio;
- Weblium.
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
This Privacy Policy was developed by Limited liability company “UKLON UKRAINE”, EDRPOU code 44293344, location: 20b Stepan Bandera 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?
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.
In order to register an account, you will need to provide us with a certain amount of personal data. At the first stage of registration, you provide us with a contact phone number to be used for registration. At this stage, you have the opportunity to familiarize yourself with this Privacy Policy. After sending the phone number, we will have the right to use this number to send you messages (SMS, push notifications) and make calls. In particular, such messages and calls may occur in the event of unsuccessful registration (for example, when you have not completed the registration process) or to confirm or clarify certain registration information.
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) and bank card number, which are transferred to the financial company, your photo (image), the city of concluding a Public Offer with Us to provide 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 assign you a unique identifier (UID), which includes information about your name, car make and model, vehicle registration plate number, and phone number.
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.
In order to register an account, you will need to provide us with a certain amount of personal data. At the first stage of registration, you provide us with a contact phone number to be used for registration. At this stage, you have the opportunity to familiarize yourself with this Privacy Policy. After sending the phone number, we will have the right to use this number to send you messages (SMS, push notifications) and make calls. In particular, such messages and calls may occur in the event of unsuccessful registration (for example, when you have not completed the registration process) or to confirm or clarify certain registration information.
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. We transfer the aforementioned data to the insurance company immediately after receiving it from you, and after the transfer, we delete it.
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; criminal record certificate) and/or their copies, other information voluntarily provided by Uklon Partners.
If you conclude a Public Offer for the provision of access to the Online Service (software supply) or an Adhesion Contract (public offer) for the provision of access to the Online Service with UKLON LTD and create an account (personal account) using the identification process through the service of the SE “Diia”, we will receive from the SE “Diia” copies (in the format of pdf files and metadata fields) of those documents that you allow to be shared with us. In accordance with the rules of the SE “Diia” and our settings, Uklon Partner may share copies of such documents:
• Biometric passports: ID card, international passport;
• Taxpayer card;
• Driver’s licence;
• Vehicle registration certificate.
We may also process personal data as a data controller upon receipt from the data controller – UKLON LTD, in case the Partner enters into the Adhesion Contract (public offer) to provide access to the online service. In this case, we receive the following personal data: name, surname, email address, telephone number, vehicle registration certificate data, driver’s licence data, passport or residence permit data, taxpayer registration number (TIN), photo, location, account (personal account) data, reviews, rating, other information that you voluntarily provide at the time of conclusion or after conclusion of the specified Agreement with UKLON LTD.
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 third parties and 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, surveys, 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.
• Phone Book (Contacts) Section: Access to this section is required for You to place an order for any other person by providing Us with their phone number from Your Phone Book. We do not transfer phone book data to third parties, except for the transfer to the Partner of the phone number of the person for whom transportation is ordered, for the purpose of fulfilling the order for this person, and we do not use it in any other way than in connection with the use of the Mobile Application as provided for in this Privacy Policy.
• “Location” section: We get access to your location in order to ensure the quality of service provision, in particular, to demonstrate the location of the car that will fulfil your order. We do not transfer this data to third parties, except in cases where there is a possibility of a threat to your life or health during the trip and only after you have pressed the SOS button in the “Uklon” Mobile Application.
• Memory card recording section: We may record some technical temporary data (cache) related to your order on your phone’s memory card. We do not transfer this data to third parties and do not use it in any other way than to ensure the smooth functioning of the Mobile Application.
– 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 the Partner support service, or when the Partner support service contacts you, we use an automatic caller ID system to identify your phone number with your order – this will help both you and us to 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.
• “Location” section: We get access to your location in order to ensure the quality of service provision, in particular, to provide up-to-date information about orders that are placed near your location, as well as ensuring security, prevention and detection of fraud cases. Data regarding your location is processed when the Mobile application “Uklon Driver » works in priority (opened and displayed on the screen) or background (opened but not displayed on the screen) mode. In order to stop processing your location data, you must close the “Uklon Driver “. In any case, we do not transfer data about your location to third parties.
• Section “Recording to the memory card”: We may record some technical temporary data (cache) related to your use of the Mobile Application on the memory card of your phone. We do not transfer this data to third parties and do not use it in any other way than to ensure the smooth functioning of the Mobile Application.
– 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. We transfer the aforementioned data to the insurance company immediately after receiving it from you, and after transferring it, we delete it.
– 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.
– 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 (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 parties providing services to Us: We may use the services of third parties, including electronic communications operators to which you are a subscriber, to process your personal data on Our behalf, which will be considered either personal data processors or third parties within the meaning of the Law. This processing is carried out for various, but always legitimate, purposes. For example, we may engage electronic communication operators to send you information and promotional materials on our behalf and in our interests, which will send you SMS messages and push notifications on our behalf. The electronic communication operators to which You are a subscriber may transfer to Us data on the electronic communication services provided to You solely for the purposes specified in this Regulation. Such service providers agree to the mandatory observance of confidentiality, conclude relevant agreements with Us and have no right to use your personal data for their own or other purposes. We do not transfer your personal data to third parties to send information and promotional materials on behalf of 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. We delete the aforementioned data immediately after it is transferred to the insurance company.
– 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.
Why do we get your consent and how can it be withdrawn?
In cases determined by law, you provide your unequivocal consent to the collection and processing of your personal data by us in accordance with this Regulation. Consent to the processing of personal data is provided by you to perform any actions in relation to personal data that are necessary to achieve the goals that require the consent of the data subject, including, but not limited to: collection, systematisation, accumulation, storage, adaptation, clarification (updating, change), use, distribution (including through sale or transfer), cross-border transfer, depersonalisation, blocking, destruction, as well as any other actions with personal data in accordance with the current legislation of Ukraine.
When processing personal data, we are not limited in the use of methods of processing. Personal data is processed using automation tools.
The following types of personal data may be processed only on the basis of your separate unambiguous consent in response to Our push notification: location, phone book (contacts), recording on a memory card. You may withdraw such separate consent at any time. If you withdraw your consent, you will not be able to use any services or features that require the processing of personal data that We have collected on the basis of separate consent.
You may withdraw your consent to the processing of any personal data that we have received on the basis of your consent by sending a notification to the following email address: privacy@uklon.com.ua. Please indicate “Withdrawal of consent” in the subject line of your message to expedite our response.
In this case, the 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 lawfulness of processing personal data based on your consent prior to its withdrawal or on other legal grounds, except for consent provided for by the current legislation of Ukraine.
In particular, We have the right not to delete personal data if We receive a notice from You of withdrawal of consent to the processing of personal data or a request to delete personal data, if the processing of such personal data is necessary to fulfil obligations under the laws of Ukraine or to protect Our legitimate interests or the legitimate interests of persons to whom the data is transferred, in particular, for accounting and fraud prevention purposes.
Please note that since your personal data is necessary, among other things, to provide access to the Uklon online service and/or the Uklon Driver online service, your account may be blocked or deleted after withdrawing your consent to the processing of such personal data.
Personal data of the users of the online service “Uklon”, without which it is impossible to provide access to the online service “Uklon”:
● phone number – in case of placing an order through the Mobile Application or the Website.
● phone number and username – in case of placing an order through the Website without registering the user in 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”:
● first name, car make and model, vehicle registration plate number, date of driver registration, phone number, number of trips with the date of the start of using the Uklon Driver online service and the data of the vehicle registration certificate, your photo (image), the city of concluding a Public Offer with Us to provide access to the online service (supply of software products) by accepting the Public Offer posted on the Website.
If you withdraw your consent to the processing of other personal data other than the above, which is necessary for the use of the relevant service, your account will remain active. We will always attempt to identify the request to ensure that it comes from the account holder. If We are unable to successfully identify the request, We will not be able to revoke consent.
You may also contact Customer Support at +380931771511 or email privacy@uklon.com.ua to request that We delete your account. After processing your request and conducting identification, we will delete your account, except as provided for in this Regulation.
If you are a Uklon Partner (user of the online service “Uklon Driver”) and withdraw your consent to processing or ask us to delete personal data, a certain part of the data received from you will remain in processing for some time, even after deleting your account and terminating cooperation, namely: phone number; name; the date you started using our service. This is due to the fact that the relevant Agreement is concluded between Uklon Partners and Us or UKLON LTD by accepting the public offer. In accordance with Article 11 of the Law, the primary legal basis for the processing of personal data, in this case, is the conclusion and execution of a transaction to which the personal data subject is a party or which is concluded in favour of the personal data subject or for the implementation of measures preceding the conclusion of a transaction at the request of the personal data subject. And this is not the only legal basis for processing your data. In particular, we are obliged to comply with certain requirements of the tax legislation regarding the payment and accrual of relevant taxes and fees in respect of the funds received (legal basis for processing – the need to fulfil the obligation of the personal data controller provided for by law). In addition, in certain cases, in particular, when we detect signs of fraud or other questionable actions on the part of the Partner or third parties that violate the applicable law or the Agreement, or when there are unresolved claims or disputes between Us and the Partner, We have a need to protect the legitimate interests of the personal data owner or a third party to whom personal data is transferred (except when the needs to protect the fundamental rights and freedoms of the personal data subject in connection with the processing of his/her data outweigh such interests).
What are your rights to your personal data?
According to Article 8 of the Law, you have the right to:
• to know about the sources of collection, the location of their personal data, the purpose of their processing, the location or place of residence (residence) of the owner or manager of personal data or to give an appropriate order to obtain this information to persons authorized by him, except for cases established by law;
• receive information about the conditions for providing access to personal data, in particular, information about third parties to whom your personal data is transferred;
• to access your personal data;
• to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer about whether your personal data is being processed, as well as to receive the content of such personal data;
• present a reasoned demand to the owner of personal data with an objection to the processing of his personal data;
• make a reasoned demand for the change or destruction of your personal data by any owner and manager of personal data, if these data are processed illegally or are unreliable;
• to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of them, as well as protection from providing information that is unreliable or disgraces the honour, dignity and business reputation of a natural person;
• file complaints about the processing of your personal data with the Commissioner or the court;
• apply legal remedies in case of violation of the legislation on the protection of personal data;
• enter a reservation regarding the limitation of the right to process your personal data when giving consent;
• withdraw consent to the processing of personal data;
• know the mechanism of automatic processing of personal data;
• to protect against an automated decision that has legal consequences for you.
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.
Upon completion of the verification and registration process, We undertake to delete all collected information from our database, except for such data as name, brand and model of the car, vehicle registration plate number, date of registration of the Partner, phone number, number of trips with the date of the start of using our service and data of the vehicle registration certificate, the city of concluding a Public Offer with Us to provide access to the online service (supply of software products) by accepting the Public Offer posted on the Website. This data is stored to ensure the functioning of the service and the fulfillment of the User Agreement.
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.
If you have any questions regarding the protection and security of your personal data, please contact us
– at: 20B Stepan Bandera Avenue, Kyiv, 04073;
– by sending an email to: privacy@uklon.com.ua
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:
• Technical cookies: We want Our users to be able to use modern, convenient sites and applications that automatically adapt to their needs. We use technical cookies to ensure that the Website and Mobile Applications are displayed correctly and work without errors and that you can create an account, log in and manage your orders. Technical cookies are necessary to ensure error-free operation of the Website and Mobile Applications.
• Functional cookies: they are necessary to remember your preferences and help you use the Website and Mobile Applications effectively. We can use them to remember your personal data and save you from having to enter your username and password every time. At the same time, your password will always be encrypted. Functional cookies are not required for access to the online service “Uklon” and/or the online service “Uklon Driver”, but they make the Website and Mobile Applications more functional and user-friendly.
• Analytical Cookies: These are necessary to learn how visitors use the Website or Mobile Applications. We can understand how well various functions work, optimize the Website and Mobile Applications, analyze advertising and communications. Analytical cookies help Us make sure that the Website and Mobile Applications are interesting and useful for users.
• Marketing Cookies: We use these files to transmit information, newsletters, advertising and promotional materials or to run advertising campaigns. For example, We may rely on information obtained through these cookies to provide you with information, newsletters, advertising and promotional materials that may be of interest to you.
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 Policy are welcome and should be directed to our Customer Support Service at +380931771511 or to the email address of the person responsible for the processing and protection of personal data: privacy@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.
This version is effective from 13.05.2024.
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.
Preliminary order – Order which was created by the User for the defined moment in future.
Website – a web page on the Internet at the address: www.uklon.com.ua. The website is the result of computer programming belonging to software products.
Mobile Application – a copy of a computer program in the form of a mobile application for iOS, Android mobile devices called “Uklon”, which is provided by the Administrator to the User for temporary use (during the term of this Agreement) for the functional purpose of the end user as a tool for obtaining access to Online service.
Personal data – information or a set of information about a natural person who is identified or can be specifically identified.
2. USER REGISTRATION
2.1. To gain access to the Online Service, the User registers through the Website or Mobile Application, as a result of which a unique User account is created, which provides access to the Online Service.
2.2. When registering, the User is obliged to provide reliable information about himself by filling out the appropriate registration form.
2.3. In the event that the User provides inaccurate information during registration or later when using access to the Online Service, the Administrator has the right to suspend or cancel the User’s account (registration) without prior notification or obtaining any consent from the User.
2.4. The Administrator reserves the right to immediately block the User’s actions, as well as to suspend or cancel the User’s account without prior notice or obtaining any consent from the User in accordance with the provisions of Section 6 of this Agreement.
2.5. The Administrator has the right to delete the User’s account if the User does not use it for 12 (twelve) calendar months.
2.6. When registering through the Website and/or Mobile Application, the User must enter a unique password. At the same time, the User bears full responsibility for the reliability of the provided password and the protection of his account.
2.7. In the event that a third party gains access to the User’s account, the User must immediately notify the Administrator to take appropriate measures, provided that the User can confirm the legality of the account belonging to a specific User.
2.8. The user independently ensures the preservation of information about his passwords and other confidential information. The administrator is not responsible for the consequences of the User’s loss of confidential information about his personal data (login and password). This provision applies both to the User’s transfer of information about personal data to third parties voluntarily, and to the User’s loss of confidential information about personal data against his will.
3. ONLINE SERVICE ACCESS WITHOUT USER REGISTRATION
3.1. User can access the Online Service without registering the User only when placing an Order through the Website. In this case, the User must enter his name and phone number in the Order form.
3.2. Regardless of the fact of registration, the User undertakes to comply with the terms of this Agreement when using access to the Online Service.
3.3. If the User’s actions may lead to the violation of any norms and rules of the current legislation, human rights, as well as the possibility of claims against the Administrator or the Administrator’s involvement in responsibility for the actions of such a User, the Administrator has the right to immediately block the User’s actions without prior notice or obtaining any consent from the User.
4. PERSONAL DATA
4.1. All issues related to the collection, use, protection and otherwise processing of the User’s personal data are regulated by a separate Privacy policy posted on the Website and in the Mobile Application.
4.2. Acceptance of the provisions of the Regulation on the processing and protection of personal data is necessary for the acceptance of the provisions of this User Agreement.
5. ACCESS TO THE ONLINE SERVICE
5.1. Access to the Online Service is provided to the User exclusively for the purposes of organization and planning of the Users’ receipt of Services under this Agreement by making relevant Orders.
5.2. The administrator provides Uklon Partners with access to the online service “Uklon Driver” for the purpose of processing and fulfilling Orders on contractual grounds. Uklon partners, in case of acceptance of the Order, provide Services to Users taking into account the Order Parameters. The Administrator is not responsible and does not assume any obligations to the Users regarding the Services provided to the Users by Uklon Partners and does not provide any guarantees to the Users regarding the quality of such Services.
5.3. Services are provided by Uklon Partners on the basis of separate agreements between specific Users and Partners, to which the Administrator is not a party in any case.
5.4. The Administrator is not responsible for the terms, content, relevance and quality of the provision of information about the Services by the Partners, the availability of these Services at the moment, and the Administrator is not responsible to the Users for possible negative consequences, damages caused to the User as a result of the non-provision or improper provision of Services by the Partners Tilt
5.5. In case of ordering courier delivery services, the User undertakes not to order the delivery of items, the transportation and delivery of which is prohibited by the current legislation of Ukraine. The user agrees that in case of violation of this clause, he is responsible for all possible risks and/or consequences that may arise in connection with the transportation and delivery of such items. At the same time, Uklon Partners have the right to deny the User the provision of courier delivery services in case of detection of items, the transportation and delivery of which is prohibited by the current legislation of Ukraine.
5.6. The Website, Mobile Application, Online Service are not intended for posting confidential information, information with limited access, information of third parties, for posting of which proper permissions and authorizations have not been obtained from the Administrator.
5.7. The Administrator reserves the right to suspend access to the Online Service or its parts at any time for any reason or in the absence thereof without prior notice to the User.
5.8. The Administrator has the right to insure the life and health of Users during transportation, as well as to insure the shipment during its delivery by Uklon Partners. Insurance is carried out by the Administrator at his own expense, the User is not obliged to pay any insurance payments. The choice of insurance company and insurance conditions are determined at the discretion of the Administrator, to which the User gives his consent. The user has the right to withdraw his consent to insurance at any time by sending a corresponding message to the following e-mail address of the Administrator: control@uklon.com.ua .
6. FEATURES OF PROCESSING, PROVIDING AND RECEIVING CERTAIN SERVICES WHEN USING THE ONLINE SERVICE
6.1. When concluding transportation contracts between the User and the Uklon Partner, the User places an Order using the Online Service, taking into account that the final cost of the Order and the types of Services may depend on individual Order Parameters, which may be applied during the creation of the Order, execution of the Order by the Uklon Partner, and after the Order is completed.
6.2. During the execution of the Order for transportation services or shared trip services, Partner Uklon has the right to charge a fee for each minute of further waiting of the User (s), if such waiting exceeds 3 minutes, and in the event that such waiting in total exceeds 7 minutes, Partner Uklon also has the right to refuse further provision of the transportation service or the provision of a shared trip service under such an Order.
6.3. In the event that the User placed an Order for transportation services or shared ride services, but the User refused from the Order or canceled the Order after Uklon Partner arrived at the place of the call, the Uklon Partner has the right to cancel the Order after the 7 minute waiting period has elapsed and additionally demand a refund expenses incurred by him in connection with the acceptance of the Order for Services that were not provided due to the User’s actions or inaction and in event of User’s cancelation of the Preliminary order after its acceptance has been confirmed – to demand reimbursement of respective Uklon Partner expenses. In addition, Uklon Partner has the right to charge a fee for the Order canceled by the User, if the cancellation of the Order confirmed by the Uklon Partner took place after the expiration of 3 minutes after its acceptance by the Partner or after the Uklon Partner drove more than 1 kilometer in the direction of the User’s boarding place.
6.4. In the event that during the execution of the Order for the provision of transportation services or a shared trip, the User (s) caused damage or damage to the interior of the car on which the Uklon Partner provided Transportation Services or the Shared Trip Services, the Uklon Partner has the right to demand from the User (s) ) compensation for damage caused to property as a result of actions of the User (s).
6.5. Partner Uklon may refuse to fulfill the accepted Order from the User if:
6.5.1. The user specified an incorrect (erroneous) address;
6.5.2. The user behaves aggressively and/or inappropriately;
6.5.3. The user has heavily soiled clothing;
6.5.4. The User attempts to transport dangerous cargo that may cause damage to the Uklon Partner’s vehicle, or cargo whose dimensions do not correspond to the technical characteristics of the Uklon Partner’s vehicle, provided that the User did not indicate special needs for cargo transportation when placing the Order;
6.5.5. The user tries to transport an animal without specifying information about transporting the animal in the Order Parameters;
6.5.6. The number of passengers trying to use the vehicle to receive the transportation service exceeds the established technical and safety characteristics of the Uklon Partner’s vehicle.
6.5.7. The User does not show up to receive the transportation service for more than 7 minutes from the moment the Uklon Partner arrives at the place specified in the Order.
6.6. None of the provisions of this Agreement is a guarantee of fulfillment of Orders by Uklon Partners, who independently and at their own discretion accept or do not accept Orders for fulfillment. In any case, the Administrator is not a party to contractual relations arising between the User and the Uklon Partner and is not a guarantor of the fulfillment of Orders and/or the provision of relevant Services by the Uklon Partner.
7. LIMITATIONS ON THE USE OF ACCESS TO THE ONLINE SERVICE
7.1. When using access to the Online Service, the User may post information and objects of intellectual property rights, including, but not limited to: ratings, reviews, comments about the Online Service and/or Uklon Partners. At the same time, in the case of posting information and/or objects of intellectual property rights, the User guarantees that he legally owns such information and/or objects of intellectual property rights or property rights to them and/or received all necessary permissions for posting such information and /or objects of intellectual property rights from third parties. In the case of presenting claims to the Administrator, the User is obliged to settle such claims independently and at his own expense or to compensate the Administrator for losses incurred by the latter in connection with the User’s illegal placement of information and/or objects of intellectual property rights on the Website and /or in the Mobile Application.
7.2. The Administrator reserves the right to refuse posting, as well as at any time to delete/block information and/or objects of intellectual property rights posted by the User at its discretion for any reason without notification to the User and without his consent.
7.3. The administrator does not take any action and is not responsible for the reliability of information, accuracy and legality of posting information and/or objects of intellectual property rights on the Website and in the Mobile Application. The administrator does not check information and objects of intellectual property rights posted by Users, and is not responsible for their authenticity and legality.
7.4. The Administrator undertakes to inform the User about claims of third parties regarding the information and objects of intellectual property rights posted by the User. The User undertakes to grant the Administrator the right to publish information and/or objects of intellectual property posted by the User or to delete them.
7.5. The User undertakes not to use access to the Online Service to transmit, post or distribute in any way information, the content of which is illegal, threatening, defamatory, offensive, violates the right of intellectual property, spreads hatred and/or discrimination against people for any signs, contains insults and claims against other Users, the Administrator or any third parties whose rights are established by the Constitution of Ukraine and other relevant legal acts. It is also prohibited to distribute any information of an erotic, sexual and/or pornographic nature using the Website and Mobile Application. If the Administrator incurs any losses related to the posting of illegal information by the User, the User is obliged to compensate the Administrator for these losses in full.
7.6. Information and objects of intellectual property rights posted by the User must not contain:
7.6.1. restriction of minority rights;
7.6.2. impersonating another person or a representative of an organization and/or community without sufficient legal grounds, including employees and/or owners of the Administrator, as well as misrepresenting the properties and characteristics of any subjects or objects;
7.6.3. materials that the User does not have the right to make available or publish, according to the law or the contract;
7.6.4. materials that infringe the rights to any patent, trademark, trade secret, copyright and/or related rights or other intellectual property rights of a third party;
7.6.5. advertising, “spam” correspondence, “letters of happiness”, invitations to participate in financial services or imposing a service in another way;
7.6.6. materials containing computer codes designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access or bypassing technical means of protecting copyright and (or) related rights, as well as serial numbers to commercial software products, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet.
7.7. When using access to the Online Service, Users have no right to store, post, transmit or distribute in any other way any information and/or objects of intellectual property rights, if such actions may lead to violation of the rights of third parties, including the right to protection personal data.
7.8. In the event that Users discover information and/or objects of intellectual property rights, the use of which is restricted or the rights to which belong to third parties, the User is obliged to contact the Administrator and report the violation, indicating the Internet address of the information and/or objects of law intellectual property, which, in the User’s opinion, violate the rights of third parties and to notify the nature of such violation.
7.9. When using access to the Online Service, Users are prohibited from taking any actions that violate or may be the result of violation of the current legislation of Ukraine or the legislation of another country in which the User is located, as well as relevant international law.
7.10. Any materials obtained by the User using access to the Online Service are used by the User at his own peril and risk. The user is solely responsible for any damage or loss that may be caused to the computer and/or data as a result of downloading and using these materials.
7.11. Subject to Clause 2.4, the Administrator may block the User’s actions, as well as suspend or cancel the User’s account if the latter uses the account for purposes contrary to the provisions of this Agreement, including, but not limited to, situations when the User:
7.11.1. Uses personal data of other persons without appropriate justification (for example, without permission or consent of such person).
7.11.2. Conducts illegal financial transactions.
7.11.3. Has a negative account balance based on the results of payments for previous Orders.
7.11.4. Performs actions that lead to the deterioration of the Online Service or disrupt the work of Uklon Partners.
7.11.5. Abuses the Administrator’s trust, trying to change the terms of the Order for personal gain.
7.11.6. Doesn’t follow the rules. promotions, discount conditions and participation in programs initiated by the Administrator.
7.11.7. Falsifies data on the amount of Service received.
7.11.8. Uses bots or automated mechanisms to use the Online Service.
7.11.9. Shows disrespect to Uklon Partners, other Users, employees or representatives of the Administrator.
7.11.10. takes photos and videos of Uklon Partners without their consent, publishes and distributes photo and video materials depicting Uklon Partners without their consent;
7.11.11. Takes any other actions that carry financial and reputational risks or negative consequences for the Administrator.
7.12. The above-mentioned cases, taking into account clause 7.9 ., as well as the potential possibility of claims against the Administrator or liability for the Administrator due to the actions of the User, are grounds for taking such measures by the Administrator.
7.13. The user can contact the support service and submit a request to remove, suspend or cancel the account, thereby restoring access to the Online Service. After that, the Administrator can initiate an investigation and make a decision on such a request. In case of refusal to fulfill the request, the Administrator is not obliged to provide justification for his decision.
7.14. If the User repeatedly cancels requests for Orders within 24 hours, his account may be temporarily automatically blocked as a warning. After several such warnings, the account may be blocked for a longer period. In case of such automatic blocking, the account cannot be restored by the Administrator until the set blocking period expires.
8. PAYMENT FOR SERVICES AND PROMO CODES
8.1. Payment for the Services of Uklon Partners is made by the User in accordance with the tariffs posted in the Mobile Application and on the Website. During periods of increased demand/offer for Services (depending on traffic, weather conditions, time of day, etc.), a dynamic coefficient may be applied to the cost of Order and its paramenetrs, i.e. the User is offered the recommended cost of the Services (the recommended cost of services is the approximate cost of services calculated using automatic algorithms for a certain moment of time, which reflects the real ratio of supply and demand for the implementation of the order during an adequate period of time and is not a recommended price offered by the Administrator). The dynamic coefficient is automatically calculated and edited in real time. The User has the right to accept the recommended price by confirming the Order or refuse such recommended price of the Services by independently reducing the price of the Services before confirming the Order, or by rejecting the Order. Nothing in this clause of this Agreement should be interpreted as an obligation of the User to accept the recommended price of the Service against his will or to limit the right of the User to make a subsequent Order after refusing to confirm the Order that preceded it. If the route is changed, the passenger is waiting for a long time or if other cases specified in Section 6 of these Terms occur, the cost of the Services specified in the Order is recalculated taking into account the application of the dynamic coefficient. When changing the route of an Order that has already been accepted by the Uklon Partner, the cost of the Services cannot be reduced. The User agrees that in the case of paying for the Service by bank card, the corresponding difference in cost will be debited from his bank card by the corresponding payment system. In the event that, as a result of using the Online Service and making previous Orders, which led to situations in which the User had to pay the Uklon Partner the full cost of the Order, taking into account the additional parameters of the Order (such as charging the User for the cost of the Uklon Partner’s arrival at the place of execution of the Order and waiting for the User by the Uklon Partner, compensation for damage caused by the User to the Uklon Partner’s vehicle, collection of the cost of additional waiting by the Uklon Partner) the User has a negative balance of funds on his account, further use of the Online Service is possible only after the settlement of the previous Order has been completed by User.
8.2. The User pays for the Services directly to the Uklon Partner. Payment in cash is made by the User by transferring cash to the Uklon Partner that provided the Service. In some cases, the Uklon Partners may authorise third parties, as their commercial agents, to mediate contracts between Users and such Uklon Partners, including the authority to accept payments from Users and forward payments to the Uklon Partners. In this case, your obligation to the Uklon Partner providing you with the Services will be fulfilled at the moment of submitting a payment order for the transfer of funds to the bank account of the relevant commercial agent.
8.3. The User can pay for the Services taking into account the parameters of the Order to the Uklon Partner using a bank card through the Mobile Application or on the Website. At the same time, the User automatically goes to the site of the corresponding payment system and enters his personal data and bank card data directly on the site of this payment system. The administrator does not store or transfer data of the Users’ bank cards.
8.4. The Administrator provides information assistance to ensure the acceptance of payments from Users and is solely responsible for the correctness of determining the cost of the Services payable to the Partner and providing the specified information to the Users. Acceptance and transfer of payments are carried out by relevant payment systems authorized to provide relevant services.
8.5. Payment for Services to Uklon Partners can also be made by the User through the Mobile Application using Google Pay, Apple Pay, provided that the relevant mobile applications are downloaded to their mobile device.
8.6. If the Uklon Partners have the technical capability, payment for the Services to the Uklon Partners can be made using a QR code (a two-dimensional matrix barcode that can be read by mobile devices), which is generated and provided by the Uklon Partners to the Services payment interface independently or using the corresponding payment system. At the same time, the Administrator is not responsible for the correctness of the posted QR code and is not a party to such payments.
8.7. The cost of the joint trip service is divided between two Users according to their route. In case of cancellation by the Users or one of the Users of the Order before the trip (in particular, not showing up to the vehicle), a fee for cancellation of the Order will be charged.
8.8. In addition to paying for Services to Uklon Partners, the User has the opportunity to leave Uklon Partners a tip (amounts in excess of the fee for the Services) upon completion of the Services if the User rated the Partner’s execution of the Order from 4 to 5 stars.
8.9. During promotional activities and promotions aimed at increasing Users’ interest in the Online Service and in order to attract new Users, the Administrator may provide Users with promotional codes that Users have the opportunity to use when placing Orders; to use the promotional code, the User must enter it in the “Add promotional code” field in the Mobile Application and/or on the Website.
8.10. The user agrees that the promotional codes may not be copied, sold, transferred or made public; promotional codes may be invalidated or canceled by the Administrator at any time and for any reason; promotional codes can be used only in accordance with certain conditions that are established for such promotional codes; promotional codes are not subject to exchange or return, in case of loss, the promotional code is not restored; replacing the promotional code with money or any other benefit is not allowed; only one promo code can be used per trip.
8.11. By choosing a non-cash method of payment for the Order in the Online Service, the User thereby confirms that he has read and accepts the conditions (public contracts) on the provision of funds transfer services without opening an account for Users, publicly offered by payment institutions that provide services for the relevant payment operations.
The user has the opportunity to familiarize himself with the conditions (public contracts) on the provision of funds transfer services without opening an account on the official websites of the relevant payment institutions, namely:
8.11.1. With the conditions of providing services for transferring funds without opening an account, which are provided to Users by the LIMITED LIABILITY COMPANY “UNIVERSAL PAYMENT SOLUTIONS” – on the website https://www.ipay.ua;
8.11.2. With the conditions of providing services for transferring funds without opening an account, which are provided to Users by the LIMITED LIABILITY COMPANY «PROFITGID» – on the website https://www.profitgid.ua.
9. RIGHTS AND GUARANTEES OF THE ADMINISTRATOR
9.1. The Administrator guarantees that the property rights of intellectual property on the Online Service, in particular, but not limited to: Technological Platform, Website, Mobile Application, any of their constituent parts, including program code, other electronic data in the form of numbers, letters, symbols , images and their combinations, design elements, text, graphics, illustrations, video information and other objects of intellectual property rights belong to the Administrator.
9.2. The Administrator grants the User a non-exclusive license to use the Online Service (Technology Platform) and the objects of intellectual property rights included in it, namely their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each devices, public performance and public display.
9.3. The conclusion of this Agreement does not violate the intellectual property rights of any third party. In the event of any claims or lawsuits of third parties regarding the User’s use of access to the Online Service, the Administrator undertakes to settle such claims or claims independently and at his own expense.
10. ADMINISTRATOR’S LIABILITY LIMITATION
10.1. The administrator is not responsible for any damage to life and health, any direct and/or indirect damage, material and/or non-material damage, liabilities or losses incurred as a result of: use or non-use by the User of access to the Online service; data placement, including personal data, on the Website and/or in the Mobile Application; lack of the User’s ability to access the Online Service or his use of such access; failure to provide or improper provision of Services to Users by Uklon Partners; any actions or inactions of Uklon Partners; presence or absence of any authorizations, permits, licenses, approvals of Uklon Partners; presence or absence of special legal status of Uklon Partners, etc.; unauthorized distribution, alteration or destruction of Users’ information as a result of using access to the Online Service.
10.2. Online service, Website, Mobile Application are provided for use by Users on an “as is” basis. The Administrator is not responsible to the User for ensuring that the Online Service, Website, Mobile Application meets the User’s expectations and/or that access to the Online Service is provided without interruption, reliably, without errors. The administrator is not responsible for changes, temporary or complete termination of the Online Service, Website, Mobile Application or any part thereof and/or access to the Online Service. The functioning of the Online Service and access to it may be disrupted by acts of force majeure and other factors, the prevention or overcoming of which is beyond the capabilities of the Administrator.
10.3. The administrator is not responsible for the functionality and ensuring the preservation and security of the information transmitted when making payments by the User, including for the actions of the bank and international payment systems, or other participants in the technical process of making calculations. All relationships in terms of making calculations are governed by the terms of International payment systems binding on the User and the User’s agreements with the bank that issued the User’s bank card.
10.4. The administrator is always ready to take into account the wishes and suggestions of any User of the Online Service, Website, Mobile Application regarding their work.
11. FINAL PROVISIONS
11.1. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
11.2. All possible disputes that arise or will arise from the relations governed by this Agreement are resolved in accordance with the procedure established by the current legislation of Ukraine, at the location of the Administrator. Throughout the text of this Agreement, unless clearly stated otherwise, the term “legislation” means the legislation of Ukraine.
11.3. Taking into account the free use of access to the Online service, the norms on the protection of consumer rights provided for by the legislation of Ukraine cannot be applied to the relationship between the User and the Administrator.
11.4. Nothing in this Agreement can be understood as the establishment between the User and the Administrator of agency relations, mandates, partnership relations, joint activity relations, labor relations or any other relations not expressly provided for by the valid Agreement.
11.5. If for any reason one or more provisions of this Agreement are held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.
11.6. User acknowledges and agrees that the Administrator has the right to make changes and additions to this User Agreement from time to time without prior or subsequent notification of such changes to the User. The User’s use of access to the Online Service means acceptance of the amended terms of this User Agreement, however, the User can familiarize himself with the current version of the Agreement at any time.
11.7. Inaction on the part of the Administrator in case of violation of the provisions of the Agreement by any User does not deprive the Administrator of the right to apply appropriate actions to protect his interests later, nor does it determine the Administrator’s waiver of his rights in the event of subsequent similar or similar violations.
11.8. This Agreement is drawn up in the Ukrainian language, but it is provided for users to familiarize themselves with in Russian and English. In case of inconsistency between the terms of this document, set out in Ukrainian, and its translations in Russian and English, only the version of the document set out in Ukrainian, which is located at https://uklon.com.ua/user-agreement shall be legally binding.
ADMINISTRATOR’S REQUISITES:
LLC “UKLON UKRAINE”,
04073, Kyiv, pr-t. S. Bandery, bldg. 20B
EDRPOU code 44293344,
IBAN: UA973006140000026000500496156
in JSC “CREDI AGRICOLE BANK” TIN 442933426546
Tel. +380931771511
e-mail: uklon1@uklon.com.ua
Posted on May 13, 2024.