1. GENERAL PROVISIONS
1.1. The User Agreement (hereinafter referred to as the Agreement) is an agreement between the User and the Administrator for the provision of the Online Service (software supply) and replaces any previous agreements between the User and the Administrator.
1.2. By accessing the Site, 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, subject to any changes and additions, is posted on the General Website on the Website and in the Mobile Application.
1.4. The User confirms that he has fully read and accepts the terms of the Agreement. If the User does not agree with any of the provisions of this Agreement, the User may not access the Site.
1.5. The User understands that access to the Site is possible by downloading and using a computer program (Mobile Application), as well as by entering the relevant data and using the software functions of the Site.
1.6. The User undertakes to comply with the terms of this Agreement when registering the User on the Site and / or in the Mobile Application and / or when placing an Order on the Site without registering the User.
1.7. The Administrator may supplement or otherwise modify this Agreement without prior notice to the User. The User hereby agrees to amend the Agreement without receiving any special confirmation from the User.
1.8. For the purposes of this Agreement, the following terms and conditions apply:
Administrator - a legal entity established in accordance with the legislation of Ukraine - Limited Liability Company "TAXI 579";
User - any adult individual who at the time of registration on the Site and / or in the Mobile Application and / or placing an Order on the Site without such registration is 18 (eighteen) years old, or a legal entity, has accepted the terms of this Agreement and gained access to the Online Service ;
OPTI Online Service (Online Service or Technological Platform) is a technological platform in the form of a combined set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphics, video information, etc.). ), designed for automatic monitoring, collection, processing, distribution, storage, presentation of data on User Orders placed in it and Service offers submitted by OPTI Partners, automatic calculation of the cost of Services based on supply and demand, weather conditions, route and its load, etc. .d. and automatically builds routes and provides data exchange for communication between the User and the OPTI Partner and provides the User with the opportunity to search and view the offers of the OPTI Partners, generated automatically according to the Customer's criteria, to the extent of the possible execution of the Order, and also, at its own discretion, accept or reject the corresponding offers of the Partner of this OPTI, change the recommended cost of the Services, conduct evaluations and interact with the Online Service and OPTI Partners, use program-generated itineraries in real time, in accordance with the available functionality of the Online Service. The online service is the result of computer programming associated with the software.
OPTI Partner is a third party (individual or legal entity) that provides and / or offers the User the provision of passenger transportation services, traffic control services for the User’s vehicle (“driver” service), delivery services, which is in a contractual relationship with the Administrator on the basis of an agreement for the provision of an online service (delivery of software) that is public and concluded by such a third party accepting a Public offer for the provision of a -line service (delivery of software) posted by the Administrator on the website: https://opti.global/.
Order - the User's order for the provision of road passenger transport services, including the order of two Users for the provision of road passenger transport services in one direction (joint trip), services for driving the User's vehicle ("driver" service), delivery services, organized in accordance with with the necessary details.
· Services - automobile passenger transport services, services for driving users' vehicles ("driver" services), delivery services provided to Users by OPTI Partners. Nothing in this Agreement shall be construed or implied that the Administrator provides or may provide the Services.
Website - a website on the Internet at: https://opti.global/. The website is the result of computer programming relating to software products.
Mobile application - a copy of a computer program in the form of a mobile application for mobile devices with iOS, Android called "OPTI", which is provided by the Administrator to the User for temporary use (during the term of this Agreement) for functional purposes until the end users as a tool, providing access to the Website.
2. USER REGISTRATION
2.1 To gain access to the Site, the User registers through the Site or the Mobile Application, as a result of which a unique User account is created, giving him access to the Site.
2.2 When registering, the User is obliged to provide reliable information about himself by filling out the appropriate registration form.
2.3 If the User provides false data during registration or subsequent access to the Site, the Administrator has the right to suspend or cancel the account (registration) of the User without prior notice or without the consent of the User.
2.4 If the User's actions may violate any norms and principles of applicable law, human rights, as well as the possibility of filing claims against the Administrator or holding the Administrator liable for the User's actions, the Administrator has the right to immediately block the User's actions. and suspend or cancel the account (registration) of the User without prior notice or without the consent of the User.
2.5 The Administrator has the right to delete the User's account if it is not used by the User within 12 (twelve) calendar months.
2.6 When registering through the Site and/or the Mobile Application, the User must provide a unique password. At the same time, the User is fully responsible for the security of the password provided and the protection of his account.
2.7 In the event that a third party gains access to the User's account, the User is obliged to immediately notify the Administrator of the relevant actions, provided that the User can confirm the legitimacy of the account belonging to such a specific User.
2.8 The User independently ensures the storage of information about his passwords and other confidential information. The Administrator is not responsible for the consequences of the loss by the User of confidential information relating to his personal data (login and password). This provision applies both to the voluntary transfer of personal data by the User to third parties, and to the loss of confidential personal data by the User against his will.
3. USING ACCESS TO THE SITE WITHOUT USER REGISTRATION
3.1 The User can access the Site without registering the User only when placing an Order through the Site. In this case, the User must indicate his first and last name and phone number in the Order form.
3.2 Regardless of registration, the User undertakes to comply with the terms of this Agreement when accessing the Site.
3.3 If the User's actions may violate any norms and principles of applicable law, human rights, as well as the possibility of filing claims against the Administrator or holding the Administrator liable for the User's actions, the Administrator has the right to immediately block the User's Action. without notice or obtaining any consent from the User.
4. PERSONAL DATA
5. ONLINE ACCESS TO THE SERVICE
5.1 Access to the Site is provided to the User only for personal, non-commercial use, which allows Users to organize and plan transport.
5.2 The Administrator grants OPTI Partners, on the basis of a contract, access to the OPTI Driver online service for the processing and execution of Orders. OPTI Partners provide Services to Users after accepting an Order. The Administrator is not responsible and does not assume any obligations to Users under the Services provided to Users by OPTI Partners, and does not provide Users with any guarantees regarding the quality of these Services.
5.3 Services are provided by OPTI Partners on the basis of separate agreements between individual Users and Partners, to which the Administrator is in no case a party.
5.4 The Administrator is not responsible for the time, content, timeliness and quality of the information provided by the OPTI Partners about the Services, the availability of these Services at the moment, and the Administrator is not responsible to the Users for possible negative consequences, damage caused to the User due to non-performance or improper performance of OPTI Partners services.
5.5 In the case of ordering a "Delivery" class vehicle, the User undertakes not to order the delivery of items, the transportation of which is prohibited by the current legislation of Ukraine. The User agrees that in case of violation of this paragraph, he is responsible for all possible risks and / or consequences that may arise in connection with the transportation of such items. At the same time, OPTI Partners have the right to refuse to provide the User with delivery services in case of detection of items, the transportation of which is prohibited by the current legislation of Ukraine.
5.6 The Site, the Mobile Application and the Site are not intended for posting confidential information, information with restricted access, information of third parties, for the placement of which the appropriate permissions and permissions of the Administration have not been granted.
5.7 The Administrator reserves the right to suspend access to the Site or part of it at any time for any reason or in the absence of such a reason without prior notice to the User. Administrator: [email protected]
6. RESTRICTIONS ON USE OF ACCESS TO THE ONLINE SERVICE
6.1 By accessing the Site, the User may post information and objects of intellectual property rights, including, but not limited to: ratings, reviews, comments regarding the Site and/or OPTI Partners. In this case, when posting information and / or objects of intellectual property rights, the User guarantees that he is the legal owner of such information and / or objects of intellectual rights or property rights to them and / or has received all necessary permissions to post such information and / or objects of intellectual property rights from third parties. In the event of claims against the Administrator, the User is obliged to settle them independently and at his own expense or compensate the Administrator for the losses incurred by him in connection with the illegal placement of information and / or intellectual property rights on the Site and / or in the Mobile Application.
6.2 The Administrator reserves the right to refuse placement, as well as at any time to delete/block the information posted by the User and/or intellectual property rights at its own discretion for any reason without notifying the User and without his consent.
6.3 The Administrator does not take any action and is not responsible for the accuracy of the information, the accuracy and legality of the information and / or intellectual property rights on the Site and in the Mobile Application. The Administration does not check the information and objects of intellectual property posted by the Users and is not responsible for their accuracy and legality.
6.4 The Administrator undertakes to inform the User about the claims of third parties regarding the information posted by the User and objects of intellectual property rights. The User undertakes to grant the Administrator the right to publish or delete information and/or intellectual property rights posted by the User.
6.5 The User undertakes not to use access to the Site to send, post or distribute in any way any information that is illegal, threatening, libelous, offensive, violates intellectual property rights, promotes hatred and/or discriminates against anyone. contains insults and claims against other Users, the Administrator or third parties whose rights are specified in the Law of Ukraine "On the Protection of Public Morals", the Constitution of Ukraine and other relevant provisions. It is also prohibited to distribute any erotic, sexual and/or pornographic information through the Site and the Mobile Application. In the event that the Administrator incurs losses associated with the placement of illegal information by the User, the User is obliged to compensate these losses to the Administrator in full.
6.6 Information and objects of intellectual property posted by the User cannot contain:
· Restriction of the rights of minorities;
Impersonation of another person or representative of an organization and / or community without sufficient legal grounds, including employees and / or owners of the Administrator, as well as misleading about the properties and characteristics of any persons or objects;
Materials that the User is prohibited from posting or distributing in accordance with the law or agreement;
Materials that violate the patent, trademark, trade secret, copyright and / or related rights or other intellectual property rights of third parties;
· Advertising, spam, lucky letters, invitations to participate in financial services or solicitation of services in any other way;
Materials containing computer codes aimed at violating, destroying or limiting the functionality of any computer or telecommunications equipment or programs used for unauthorized access or bypassing technical means of protecting copyright and (or) related rights, as well as serial numbers of commercial software products, logins, passwords and other ways of obtaining unauthorized access to paid resources on the Internet.
6.7 When accessing the Site, Users may not store, post, transmit or otherwise distribute any information and / or intellectual property rights if such actions may violate the rights of third parties, including the right to protection of personal data.
6.8 If the Users discover information and / or objects of intellectual property rights, the use of which is limited, or rights belonging to third parties, the User is obliged to contact the Administrator and report violations at the Internet address of information and / or objections to intellectual property rights, which, according to in the opinion of the User, violate the rights of third parties and report the nature of such violation.
6.9 When accessing the Site, Users are prohibited from taking any actions that violate or may lead to a 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.
6.10 Any materials received by the User when accessing the Site are used by the User at his own risk. You are solely responsible for any loss or damage that may be caused to your computer and/or data as a result of downloading and using these materials.
7. PAYMENT FOR SERVICES, PROMO CODES
7.1 Payment for the Services of OPTI Partners is made by the User in accordance with the tariffs published in the Mobile Application and on the Website. During periods of increased demand / supply for the Services (depending on roads, weather conditions, time of day, etc.), a dynamic factor may be used, i.e. The User is offered the recommended cost of the Services. The dynamic ratio is automatically calculated and edited in real time. The User has the right to agree with the recommended cost by confirming the Order or refuse by reducing the recommended cost of the Services to the standard one in accordance with the tariffs. If the route is changed or the passenger waits longer, the cost of the Services is calculated in accordance with the tariffs. You agree that if you pay for the Service with a bank card, the corresponding difference in the cost will be debited from your bank card.
7.2 The User pays for the Services directly to the OPTI Partner. Cash payment is made by the User by transferring funds to the OPTI Partner who provided the Service.
7.3 The User can pay for the Services of the OPTI Partner with a bank card through the Mobile Application or the Website. At the same time, the User automatically goes to the website of the corresponding payment system and enters his personal data and bank card details directly on the website of this payment system. The Administrator does not store or transfer Users' bank card data.
7.4 The Administrator provides information assistance to ensure the acceptance of payments by bank cards from Users and is solely responsible for the correct determination of the cost of Paid Services for the Partner and the provision of this information to Users. Acceptance and transfer of payments using bank cards is carried out by the relevant payment systems authorized to provide the relevant services.
7.5 Payment for Services to OPTI 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.
7.6 In addition to paying for the OPTI Affiliates Services by credit card or Google Pay, Apple Pay, the User has the option to leave a tip (funds in excess of the Service fee) to OPTI Affiliates after the completion of the Services if the User rates the Affiliate Order from 4 to 5 stars.
7.7 The Administrator may provide Users with promotional codes/bonuses that Users can use when placing Orders, during promotions and campaigns aimed at increasing Users' interest in the Site and attracting new Users; to use a promotional code, the User must enter it in the "Enter promotional code" field in the Mobile application.
Promotional codes / bonuses can be accumulated / accumulated by the user in the application in the "Wallet" section and used for Payments for the services of OPTI partners. Bonuses can be written off, canceled at any time and for any reason by the Administrator. "
7.8 The User agrees that promotional codes may not be copied, sold, transferred or disclosed; promo codes can be revoked or revoked by the Administrator at any time and for any reason; promotional codes can only be used in accordance with the specific conditions specified for such promotional codes; promotional codes are not subject to exchange and return; in case of their loss, the promotional code is not restored; it is not allowed to replace the promotional code with money or any other product; Only one promo code can be used per trip.
8. RIGHTS AND GUARANTEES OF THE ADMINISTRATOR
8.1 The Administrator guarantees the observance of intellectual property rights to the Site, in particular, in particular: the Technological Platform, the Site, the Mobile Application, all their elements, including the 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 intellectual property rights belong to the Administrator.
8.2 The Administrator grants the User a non-exclusive intellectual property right to use the Site (Technological Platform) and the intellectual property objects contained therein, namely, to reproduce them in full or in part on their own computer and / or mobile device. in one copy for each device, public performance and public display.
8.3 The conclusion of this Agreement does not violate the intellectual property rights of third parties. In the event of any claims or actions of third parties regarding the User's use of access to the Site, the Administrator undertakes to settle such claims or claims independently and at his own expense.
9. LIMITATION OF ADMINISTRATOR'S LIABILITY
9.1 The Administrator is not liable for any damage to life and health, any direct and / or indirect damage, material and / or non-material damage, liabilities or losses arising from the use or non-use by the User of access to the Site, posted data on the Site and / or in Mobile application, due to the inability to access the Site or use such access; in connection with the failure to provide or improper provision of the Services to Users by OPTI Partners; any act or omission by OPTI Partners; the presence or absence of any permits, permits, licenses, approvals of OPTI Partners, the presence or absence of such persons with a special legal status, etc.; unauthorized distribution, modification or destruction of information about the User in connection with the use of access to the Site.
9.2 The Website, Website and Mobile Application are provided to Users as they are. The Administrator is not responsible to the User for ensuring that the Site, Site, Mobile Application meets the User's expectations and / or access to the Site is provided continuously, reliably, without errors. The Administrator is not responsible for making changes, temporary or complete termination of the provision of the Internet service, the Site, the Mobile application or any part thereof and / or access to the Site. The functioning of the Site and access to it may be disrupted by force majeure and other factors, the prevention or overcoming of which is beyond the control of the Administrator.
9.3 The Administrator is not responsible for the efficiency, safety and security of information provided when making payments from the User's bank cards, including for the activities of the bank and international payment systems or other participants in the technical process of settlements. All relations in the field of settlements with bank cards are governed by the terms and conditions of the International Payment Systems that are binding on the User and the User's agreement with the bank that issued the User's bank card.
9.4 The Administrator is always ready to take into account the wishes and suggestions of each User of the Site, Site and Mobile Application regarding its work.
10. FINAL PROVISIONS
10.1 This Agreement shall be governed by and construed in accordance with the laws of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
10.2 Possible disputes arising from relations governed by this Agreement are resolved in the manner prescribed by the current legislation of Ukraine, at the location of the Administrator. Throughout the text of this Agreement, the term "legislation" means the laws of Ukraine, unless otherwise indicated.
10.3 In connection with the gratuitous use of access to the Site, the relationship between the User and the Administrator may not be subject to the consumer protection rules provided for by the legislation of Ukraine.
10.4 Nothing in this Agreement shall be construed as creating an agency, power of attorney, partnership, joint venture, employment or any other relationship not expressly provided for in this Agreement between the User and the Administrator.
10.5 If, for any reason, one or more provisions of this Agreement are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions of this Agreement will not be affected.
10.6 Inaction on the part of the Administrator in the event of a violation by any User of the Agreement does not deprive the Administrator of the right to take appropriate actions to protect his interests at a later date, nor does it prejudge the Administrator's waiver of rights in case of repetition of similar or similar violations.
10.7 This Agreement is drawn up in Ukrainian, but is provided to Users in Russian and English. In case of any discrepancies between the terms of this document in Ukrainian and its translations into Russian and English, only the Ukrainian language version of the document will be available at: https://opti.global/.
TAXI 579 LIMITED SUPPORT ENTERPRISE
Jur. address: st. Kirillovskaya 121A, office 501-503, Kiev, 04073
Directed by Pyotr Fyodorovich Kovtun.