User Agreement for the Inclusive Class
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
• 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.
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: firstname.lastname@example.org. 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,
with CREDIT AGRICOLE BANK JSC
This version is effective as of November 6, 2023.