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 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 and Additional 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.
Additional Services – services for starting the engine of the User’s passenger car using a special starting and charging device (“starter” service), services for pumping up the wheel(s) of the User’s passenger car (“tire inflation” service), other services.
Order parameters – additional circumstances that arise during the implementation and execution of the Order, and which have or may have an impact on the final cost of the Order, including, but not limited to, the following factors:
– Traveling with an animal;
– Additional waiting;
– Adding an additional point for the tracking route;
– Transportation of additional luggage in the cabin;
– Meeting with the sign;
– Travel with Kids;
– Non-exit of the User after placing the Order.
Preliminary order – Order which was created by the User for the defined moment in future.
Website – a web page on the Internet at the address: www.uklon.com.ua. The website is the result of computer programming belonging to software products.
Mobile Application – a copy of a computer program in the form of a mobile application for iOS, Android mobile devices called “Uklon”, which is provided by the Administrator to the User for temporary use (during the term of this Agreement) for the functional purpose of the end user as a tool for obtaining access to Online service.
Personal data – information or a set of information about a natural person who is identified or can be specifically identified.
2. USER REGISTRATION
2.1. To gain access to the Online Service, the User registers through the Website or Mobile Application, as a result of which a unique User account is created, which provides access to the Online Service.
2.2. When registering, the User is obliged to provide reliable information about himself by filling out the appropriate registration form.
2.3. In the event that the User provides inaccurate information during registration or later when using access to the Online Service, the Administrator has the right to suspend or cancel the User’s account (registration) without prior notification or obtaining any consent from the User.
2.4. The Administrator reserves the right to immediately block the User’s actions, as well as to suspend or cancel the User’s account without prior notice or obtaining any consent from the User in accordance with the provisions of Section 6 of this Agreement.
2.5. The Administrator has the right to delete the User’s account if the User does not use it for 12 (twelve) calendar months.
2.6. When registering through the Website and/or Mobile Application, the User must enter a unique password. At the same time, the User bears full responsibility for the reliability of the provided password and the protection of his account.
2.7. In the event that a third party gains access to the User’s account, the User must immediately notify the Administrator to take appropriate measures, provided that the User can confirm the legality of the account belonging to a specific User.
2.8. The user independently ensures the preservation of information about his passwords and other confidential information. The administrator is not responsible for the consequences of the User’s loss of confidential information about his personal data (login and password). This provision applies both to the User’s transfer of information about personal data to third parties voluntarily, and to the User’s loss of confidential information about personal data against his will.
3. ONLINE SERVICE ACCESS WITHOUT USER REGISTRATION
3.1. User can access the Online Service without registering the User only when placing an Order through the Website. In this case, the User must enter his name and phone number in the Order form.
3.2. Regardless of the fact of registration, the User undertakes to comply with the terms of this Agreement when using access to the Online Service.
3.3. If the User’s actions may lead to the violation of any norms and rules of the current legislation, human rights, as well as the possibility of claims against the Administrator or the Administrator’s involvement in responsibility for the actions of such a User, the Administrator has the right to immediately block the User’s actions without prior notice or obtaining any consent from the User.
4. PERSONAL DATA
4.1. All issues related to the collection, use, protection and otherwise processing of the User’s personal data are regulated by a separate Privacy policy posted on the Website and in the Mobile Application.
4.2. Acceptance of the provisions of the Regulation on the processing and protection of personal data is necessary for the acceptance of the provisions of this User Agreement.
5. ACCESS TO THE ONLINE SERVICE
5.1. Access to the Online Service is provided to the User exclusively for the purposes of organization and planning of the Users’ receipt of Services under this Agreement by making relevant Orders.
5.2. The administrator provides Uklon Partners with access to the online service “Uklon Driver” for the purpose of processing and fulfilling Orders on contractual grounds. Uklon partners, in case of acceptance of the Order, provide Services to Users taking into account the Order Parameters. The Administrator is not responsible and does not assume any obligations to the Users regarding the Services provided to the Users by Uklon Partners and does not provide any guarantees to the Users regarding the quality of such Services.
5.3. Services are provided by Uklon Partners on the basis of separate agreements between specific Users and Partners, to which the Administrator is not a party in any case.
5.4. The Administrator is not responsible for the terms, content, relevance and quality of the provision of information about the Services by the Partners, the availability of these Services at the moment, and the Administrator is not responsible to the Users for possible negative consequences, damages caused to the User as a result of the non-provision or improper provision of Services by the Partners Tilt
5.5. In case of ordering courier delivery services, the User undertakes not to order the delivery of items, the transportation and delivery of which is prohibited by the current legislation of Ukraine. The user agrees that in case of violation of this clause, he is responsible for all possible risks and/or consequences that may arise in connection with the transportation and delivery of such items. At the same time, Uklon Partners have the right to deny the User the provision of courier delivery services in case of detection of items, the transportation and delivery of which is prohibited by the current legislation of Ukraine.
5.6. The Website, Mobile Application, Online Service are not intended for posting confidential information, information with limited access, information of third parties, for posting of which proper permissions and authorizations have not been obtained from the Administrator.
5.7. The Administrator reserves the right to suspend access to the Online Service or its parts at any time for any reason or in the absence thereof without prior notice to the User.
5.8. The Administrator has the right to insure the life and health of Users during transportation, as well as to insure the shipment during its delivery by Uklon Partners. Insurance is carried out by the Administrator at his own expense, the User is not obliged to pay any insurance payments. The choice of insurance company and insurance conditions are determined at the discretion of the Administrator, to which the User gives his consent. The user has the right to withdraw his consent to insurance at any time by sending a corresponding message to the following e-mail address of the Administrator: control@uklon.com.ua .
6. FEATURES OF PROCESSING, PROVIDING AND RECEIVING CERTAIN SERVICES WHEN USING THE ONLINE SERVICE
6.1. When concluding transportation contracts between the User and the Uklon Partner, the User places an Order using the Online Service, taking into account that the final cost of the Order and the types of Services may depend on individual Order Parameters, which may be applied during the creation of the Order, execution of the Order by the Uklon Partner, and after the Order is completed.
6.2. During the execution of the Order for transportation services or shared trip services, Partner Uklon has the right to charge a fee for each minute of further waiting of the User (s), if such waiting exceeds 3 minutes, and in the event that such waiting in total exceeds 7 minutes, Partner Uklon also has the right to refuse further provision of the transportation service or the provision of a shared trip service under such an Order.
6.3. In the event that the User placed an Order for transportation services or shared ride services, but the User refused from the Order or canceled the Order after Uklon Partner arrived at the place of the call, the Uklon Partner has the right to cancel the Order after the 7 minute waiting period has elapsed and additionally demand a refund expenses incurred by him in connection with the acceptance of the Order for Services that were not provided due to the User’s actions or inaction and in event of User’s cancelation of the Preliminary order after its acceptance has been confirmed – to demand reimbursement of respective Uklon Partner expenses. In addition, Uklon Partner has the right to charge a fee for the Order canceled by the User, if the cancellation of the Order confirmed by the Uklon Partner took place after the expiration of 3 minutes after its acceptance by the Partner or after the Uklon Partner drove more than 1 kilometer in the direction of the User’s boarding place.
6.4. In the event that during the execution of the Order for the provision of transportation services or a shared trip, the User (s) caused damage or damage to the interior of the car on which the Uklon Partner provided Transportation Services or the Shared Trip Services, the Uklon Partner has the right to demand from the User (s) ) compensation for damage caused to property as a result of actions of the User (s).
6.5. Partner Uklon may refuse to fulfill the accepted Order from the User if:
6.5.1. The user specified an incorrect (erroneous) address;
6.5.2. The user behaves aggressively and/or inappropriately;
6.5.3. The user has heavily soiled clothing;
6.5.4. The User attempts to transport dangerous cargo that may cause damage to the Uklon Partner’s vehicle, or cargo whose dimensions do not correspond to the technical characteristics of the Uklon Partner’s vehicle, provided that the User did not indicate special needs for cargo transportation when placing the Order;
6.5.5. The user tries to transport an animal without specifying information about transporting the animal in the Order Parameters;
6.5.6. The number of passengers trying to use the vehicle to receive the transportation service exceeds the established technical and safety characteristics of the Uklon Partner’s vehicle.
6.5.7. The User does not show up to receive the transportation service for more than 7 minutes from the moment the Uklon Partner arrives at the place specified in the Order.
6.5.8. The User transports a child whose height is less than 150 cm, without using child restraint systems that allow the child to be fastened using safety belts provided for by the design of this vehicle, without specifying the “Travel with Kid” class in the Order, or without notifying the Partner about the User’s own child restraint systems in the comments to the Order.
6.5.9. The User placed an Order for the provision of transportation services for a third party – a child under the age of 14 who is traveling unaccompanied by adults.
6.6. None of the provisions of this Agreement is a guarantee of fulfillment of Orders by Uklon Partners, who independently and at their own discretion accept or do not accept Orders for fulfillment. In any case, the Administrator is not a party to contractual relations arising between the User and the Uklon Partner and is not a guarantor of the fulfillment of Orders and/or the provision of relevant Services by the Uklon Partner.
6.7. Before the Uklon Partner is allowed to provide the Additional Services, the User is obliged to request and receive from the Uklon Partner information about the characteristics of the technical means used to provide the Additional Services. In case of incompatibility of the respective technical means with the characteristics of the User’s vehicle (passenger car), the User shall notify the Partner Uklon thereof. The User is obliged not to order Additional Services and not to allow the Partner Uklon to provide them, if this may cause damage to the User and/or the User’s property.
7. LIMITATIONS ON THE USE OF ACCESS TO THE ONLINE SERVICE
7.1. When using access to the Online Service, the User may post information and objects of intellectual property rights, including, but not limited to: ratings, reviews, comments about the Online Service and/or Uklon Partners. At the same time, in the case of posting information and/or objects of intellectual property rights, the User guarantees that he legally owns such information and/or objects of intellectual property rights or property rights to them and/or received all necessary permissions for posting such information and /or objects of intellectual property rights from third parties. In the case of presenting claims to the Administrator, the User is obliged to settle such claims independently and at his own expense or to compensate the Administrator for losses incurred by the latter in connection with the User’s illegal placement of information and/or objects of intellectual property rights on the Website and /or in the Mobile Application.
7.2. The Administrator reserves the right to refuse posting, as well as at any time to delete/block information and/or objects of intellectual property rights posted by the User at its discretion for any reason without notification to the User and without his consent.
7.3. The administrator does not take any action and is not responsible for the reliability of information, accuracy and legality of posting information and/or objects of intellectual property rights on the Website and in the Mobile Application. The administrator does not check information and objects of intellectual property rights posted by Users, and is not responsible for their authenticity and legality.
7.4. The Administrator undertakes to inform the User about claims of third parties regarding the information and objects of intellectual property rights posted by the User. The User undertakes to grant the Administrator the right to publish information and/or objects of intellectual property posted by the User or to delete them.
7.5. The User undertakes not to use access to the Online Service to transmit, post or distribute in any way information, the content of which is illegal, threatening, defamatory, offensive, violates the right of intellectual property, spreads hatred and/or discrimination against people for any signs, contains insults and claims against other Users, the Administrator or any third parties whose rights are established by the Constitution of Ukraine and other relevant legal acts. It is also prohibited to distribute any information of an erotic, sexual and/or pornographic nature using the Website and Mobile Application. If the Administrator incurs any losses related to the posting of illegal information by the User, the User is obliged to compensate the Administrator for these losses in full.
7.6. Information and objects of intellectual property rights posted by the User must not contain:
7.6.1. restriction of minority rights;
7.6.2. impersonating another person or a representative of an organization and/or community without sufficient legal grounds, including employees and/or owners of the Administrator, as well as misrepresenting the properties and characteristics of any subjects or objects;
7.6.3. materials that the User does not have the right to make available or publish, according to the law or the contract;
7.6.4. materials that infringe the rights to any patent, trademark, trade secret, copyright and/or related rights or other intellectual property rights of a third party;
7.6.5. advertising, “spam” correspondence, “letters of happiness”, invitations to participate in financial services or imposing a service in another way;
7.6.6. materials containing computer codes designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access or bypassing technical means of protecting copyright and (or) related rights, as well as serial numbers to commercial software products, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet.
7.7. When using access to the Online Service, Users have no right to store, post, transmit or distribute in any other way any information and/or objects of intellectual property rights, if such actions may lead to violation of the rights of third parties, including the right to protection personal data.
7.8. In the event that Users discover information and/or objects of intellectual property rights, the use of which is restricted or the rights to which belong to third parties, the User is obliged to contact the Administrator and report the violation, indicating the Internet address of the information and/or objects of law intellectual property, which, in the User’s opinion, violate the rights of third parties and to notify the nature of such violation.
7.9. When using access to the Online Service, Users are prohibited from taking any actions that violate or may be the result of violation of the current legislation of Ukraine or the legislation of another country in which the User is located, as well as relevant international law.
7.10. Any materials obtained by the User using access to the Online Service are used by the User at his own peril and risk. The user is solely responsible for any damage or loss that may be caused to the computer and/or data as a result of downloading and using these materials.
7.11. Subject to Clause 2.4, the Administrator may block the User’s actions, as well as suspend or cancel the User’s account if the latter uses the account for purposes contrary to the provisions of this Agreement, including, but not limited to, situations when the User:
7.11.1. Uses personal data of other persons without appropriate justification (for example, without permission or consent of such person).
7.11.2. Conducts illegal financial transactions.
7.11.3. Has a negative account balance based on the results of payments for previous Orders.
7.11.4. Performs actions that lead to the deterioration of the Online Service or disrupt the work of Uklon Partners.
7.11.5. Abuses the Administrator’s trust, trying to change the terms of the Order for personal gain.
7.11.6. Doesn’t follow the rules. promotions, discount conditions and participation in programs initiated by the Administrator.
7.11.7. Falsifies data on the amount of Service received.
7.11.8. Uses bots or automated mechanisms to use the Online Service.
7.11.9. Shows disrespect to Uklon Partners, other Users, employees or representatives of the Administrator.
7.11.10. takes photos and videos of Uklon Partners without their consent, publishes and distributes photo and video materials depicting Uklon Partners without their consent;
7.11.11. Takes any other actions that carry financial and reputational risks or negative consequences for the Administrator.
7.12. The above-mentioned cases, taking into account clause 7.9 ., as well as the potential possibility of claims against the Administrator or liability for the Administrator due to the actions of the User, are grounds for taking such measures by the Administrator.
7.13. The user can contact the support service and submit a request to remove, suspend or cancel the account, thereby restoring access to the Online Service. After that, the Administrator can initiate an investigation and make a decision on such a request. In case of refusal to fulfill the request, the Administrator is not obliged to provide justification for his decision.
7.14. If the User repeatedly cancels requests for Orders within 24 hours, his account may be temporarily automatically blocked as a warning. After several such warnings, the account may be blocked for a longer period. In case of such automatic blocking, the account cannot be restored by the Administrator until the set blocking period expires.
8. PAYMENT FOR SERVICES AND PROMO CODES
8.1. Payment for the Services of Uklon Partners is made by the User in accordance with the tariffs posted in the Mobile Application and on the Website. During periods of increased demand/offer for Services (depending on traffic, weather conditions, time of day, etc.), a dynamic coefficient may be applied to the cost of Order and its parameters, i.e. the User is offered the recommended cost of the Services (the recommended cost of services is the approximate cost of services calculated using automatic algorithms for a certain moment of time, which reflects the real ratio of supply and demand for the implementation of the order during an adequate period of time and is not a recommended price offered by the Administrator). The dynamic coefficient is automatically calculated and edited in real time. The User has the right to accept the recommended price by confirming the Order or refuse such recommended price of the Services by independently reducing the price of the Services before confirming the Order, or by rejecting the Order. Nothing in this clause of this Agreement should be interpreted as an obligation of the User to accept the recommended price of the Service against his will or to limit the right of the User to make a subsequent Order after refusing to confirm the Order that preceded it. If the route is changed, the passenger is waiting for a long time or if other cases specified in Section 6 of these Terms occur, the cost of the Services specified in the Order is recalculated taking into account the application of the dynamic coefficient. When changing the route of an Order that has already been accepted by the Uklon Partner, the cost of the Services cannot be reduced. The User agrees that in the case of paying for the Service by bank card, the corresponding difference in cost will be debited from his bank card by the corresponding payment system. In the event that, as a result of using the Online Service and making previous Orders, which led to situations in which the User had to pay the Uklon Partner the full cost of the Order, taking into account the additional parameters of the Order (such as charging the User for the cost of the Uklon Partner’s arrival at the place of execution of the Order and waiting for the User by the Uklon Partner, compensation for damage caused by the User to the Uklon Partner’s vehicle, collection of the cost of additional waiting by the Uklon Partner) the User has a negative balance of funds on his account, further use of the Online Service is possible only after the settlement of the previous Order has been completed by User.
8.2. The User pays for the Services directly to the Uklon Partner. Payment in cash is made by the User by transferring cash to the Uklon Partner that provided the Service.
8.3. The User can pay for the Services taking into account the parameters of the Order to the Uklon Partner using a bank card through the Mobile Application or on the Website. At the same time, the User automatically goes to the site of the corresponding payment system and enters his personal data and bank card data directly on the site of this payment system. The administrator does not store or transfer data of the Users’ bank cards.
8.4. The Administrator provides information assistance to ensure the acceptance of payments from Users and is solely responsible for the correctness of determining the cost of the Services payable to the Partner and providing the specified information to the Users. Acceptance and transfer of payments are carried out by relevant payment systems authorized to provide relevant services.
8.5. Payment for Services to Uklon Partners can also be made by the User through the Mobile Application using Google Pay, Apple Pay, provided that the relevant mobile applications are downloaded to their mobile device.
8.6. If the Uklon Partners have the technical capability, payment for the Services to the Uklon Partners can be made using a QR code (a two-dimensional matrix barcode that can be read by mobile devices), which is generated and provided by the Uklon Partners to the Services payment interface independently or using the corresponding payment system. At the same time, the Administrator is not responsible for the correctness of the posted QR code and is not a party to such payments.
8.7. The cost of the joint trip service is divided between two Users according to their route. In case of cancellation by the Users or one of the Users of the Order before the trip (in particular, not showing up to the vehicle), a fee for cancellation of the Order will be charged.
8.8. In addition to paying for Services to Uklon Partners, the User has the opportunity to leave Uklon Partners a tip (amounts in excess of the fee for the Services) upon completion of the Services if the User rated the Partner’s execution of the Order from 4 to 5 stars.
8.9. During promotional activities and promotions aimed at increasing Users’ interest in the Online Service and in order to attract new Users, the Administrator may provide Users with promotional codes that Users have the opportunity to use when placing Orders; to use the promotional code, the User must enter it in the “Add promotional code” field in the Mobile Application and/or on the Website.
8.10. The user agrees that the promotional codes may not be copied, sold, transferred or made public; promotional codes may be invalidated or canceled by the Administrator at any time and for any reason; promotional codes can be used only in accordance with certain conditions that are established for such promotional codes; promotional codes are not subject to exchange or return, in case of loss, the promotional code is not restored; replacing the promotional code with money or any other benefit is not allowed; only one promo code can be used per trip.
8.11. By choosing a non-cash method of payment for the Order in the Online Service, the User thereby confirms that he has read and accepts the conditions (public contracts) on the provision of funds transfer services without opening an account for Users, publicly offered by payment institutions that provide services for the relevant payment operations.
The user has the opportunity to familiarize himself with the conditions (public contracts) on the provision of funds transfer services without opening an account on the official websites of the relevant payment institutions, namely:
8.11.1. With the conditions of providing services for transferring funds without opening an account, which are provided to Users by the LIMITED LIABILITY COMPANY “UNIVERSAL PAYMENT SOLUTIONS” – on the website https://www.ipay.ua;
8.11.2. With the conditions of providing services for transferring funds without opening an account, which are provided to Users by the LIMITED LIABILITY COMPANY «PROFITGID» – on the website https://www.profitgid.ua.
9. RIGHTS AND GUARANTEES OF THE ADMINISTRATOR
9.1. The Administrator guarantees that the property rights of intellectual property on the Online Service, in particular, but not limited to: Technological Platform, Website, Mobile Application, any of their constituent parts, including program code, other electronic data in the form of numbers, letters, symbols , images and their combinations, design elements, text, graphics, illustrations, video information and other objects of intellectual property rights belong to the Administrator.
9.2. The Administrator grants the User a non-exclusive license to use the Online Service (Technology Platform) and the objects of intellectual property rights included in it, namely their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each devices, public performance and public display.
9.3. The conclusion of this Agreement does not violate the intellectual property rights of any third party. In the event of any claims or lawsuits of third parties regarding the User’s use of access to the Online Service, the Administrator undertakes to settle such claims or claims independently and at his own expense.
10. ADMINISTRATOR’S LIABILITY LIMITATION
10.1. The administrator is not responsible for any damage to life and health, any direct and/or indirect damage, material and/or non-material damage, liabilities or losses incurred as a result of: use or non-use by the User of access to the Online service; data placement, including personal data, on the Website and/or in the Mobile Application; lack of the User’s ability to access the Online Service or his use of such access; failure to provide or improper provision of Services to Users by Uklon Partners; any actions or inactions of Uklon Partners; presence or absence of any authorizations, permits, licenses, approvals of Uklon Partners; presence or absence of special legal status of Uklon Partners, etc.; unauthorized distribution, alteration or destruction of Users’ information as a result of using access to the Online Service.
10.2. Online service, Website, Mobile Application are provided for use by Users on an “as is” basis. The Administrator is not responsible to the User for ensuring that the Online Service, Website, Mobile Application meets the User’s expectations and/or that access to the Online Service is provided without interruption, reliably, without errors. The administrator is not responsible for changes, temporary or complete termination of the Online Service, Website, Mobile Application or any part thereof and/or access to the Online Service. The functioning of the Online Service and access to it may be disrupted by acts of force majeure and other factors, the prevention or overcoming of which is beyond the capabilities of the Administrator.
10.3. The administrator is not responsible for the functionality and ensuring the preservation and security of the information transmitted when making payments by the User, including for the actions of the bank and international payment systems, or other participants in the technical process of making calculations. All relationships in terms of making calculations are governed by the terms of International payment systems binding on the User and the User’s agreements with the bank that issued the User’s bank card.
10.4. The administrator is always ready to take into account the wishes and suggestions of any User of the Online Service, Website, Mobile Application regarding their work.
11. FINAL PROVISIONS
11.1. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
11.2. All possible disputes that arise or will arise from the relations governed by this Agreement are resolved in accordance with the procedure established by the current legislation of Ukraine, at the location of the Administrator. Throughout the text of this Agreement, unless clearly stated otherwise, the term “legislation” means the legislation of Ukraine.
11.3. Taking into account the free use of access to the Online service, the norms on the protection of consumer rights provided for by the legislation of Ukraine cannot be applied to the relationship between the User and the Administrator.
11.4. Nothing in this Agreement can be understood as the establishment between the User and the Administrator of agency relations, mandates, partnership relations, joint activity relations, labor relations or any other relations not expressly provided for by the valid Agreement.
11.5. If for any reason one or more provisions of this Agreement are held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.
11.6. User acknowledges and agrees that the Administrator has the right to make changes and additions to this User Agreement from time to time without prior or subsequent notification of such changes to the User. The User’s use of access to the Online Service means acceptance of the amended terms of this User Agreement, however, the User can familiarize himself with the current version of the Agreement at any time.
11.7. Inaction on the part of the Administrator in case of violation of the provisions of the Agreement by any User does not deprive the Administrator of the right to apply appropriate actions to protect his interests later, nor does it determine the Administrator’s waiver of his rights in the event of subsequent similar or similar violations.
11.8. This Agreement is drawn up in the Ukrainian language, but it is provided for users to familiarize themselves with in Russian and English. In case of inconsistency between the terms of this document, set out in Ukrainian, and its translations in Russian and English, only the version of the document set out in Ukrainian, which is located at https://uklon.com.ua/user-agreement shall be legally binding.
ADMINISTRATOR’S REQUISITES:
LLC “UKLON UKRAINE”,
04073, Kyiv, pr-t. S. Bandery, bldg. 20B
EDRPOU code 44293344,
IBAN: UA973006140000026000500496156
in JSC “CREDI AGRICOLE BANK” TIN 442933426546
Tel. +380931771511
e-mail: uklon1@uklon.com.ua
Posted on November 18, 2024.