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
JSC «Credit Agricole Bank»
Bank number: 300614
Version effective date: October 26, 2023