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(Public Offer Agreement) City of Odessa, Ukraine The «SEAMEN`S TAXI» mobile application offers users of Internet to use services that are located and available on the web-site at https://seamenstaxi.com under terms and conditions defined in these terms of use of the web-site (Public Offer Agreement) hereinafter referred to as “Agreement”. This Agreement on the provision of free information services, as well as the provision of other services provided for by the Agreement has been developed in accordance with Art. 633, 634 of the Civil Code of Ukraine is a public agreement concluded between an entrepreneur Kharazi Anzori Vakhtangovich, registered in accordance with the current legislation of Ukraine, TIN 2834922494 (hereinafter referred to as “the Contractor”) and a person (hereinafter referred to as “the Customer”) under which the Contractor shall provide free of charge each physical person who is a Customer at his request with information services in the scope and on terms and conditions in the manner specified in this Agreement. Services listed in this Agreement shall be provided exclusively to inhabitants (i.e. individuals). Under no circumstances this Agreement can be considered a contract on provision of services to business entities or any legal entities. TERMS AND DEFINITIONS 1.1. "SEAMEN`S TAXI" is a web-site and mobile application that is the Contractor’s property and is intended for organization and provision of information services via Internet. This mobile application and the web-site are located on servers of third parties where processing, as well as the registration of orders of customers are performed. 1.2. Contractor means the "SEAMEN`S TAXI" information-dispatching service represented by Mr. Kharazi Anzori Vakhtangovich acting as Entrepreneur. 1.3. Customer - is any individual who receives services under this Agreement and who visited the web-site and/or the «SEAMEN`S TAXI» mobile application and/or intends to place an order and use services of transportation of third parties who use "SEAMEN`S TAXI" mobile application for servicing customers. 1.4. Carrier – means a person providing services to the Customer for transportation of passengers and/or the goods. 1.5. Transportation services – mean services for transportation of passengers and/or goods provided by the Carrier to the Customer. 1.6. Order – means a set of information about the Customer’s intention to make a trip to a certain destination in person and/or to provide transportation of passengers and/or the cargo provided through the «SEAMEN`S TAXI» mobile application in compliance with necessary conditions. 1.7. Cargo – means the baggage, large-sized and other things that are transported by the Carrier at the Customer’s request. 1.8. Route is the way of transportation of the vehicle in the process of providing of transportation services. 1.9. Departure point is the point from which the order begins. 1.10. Point of destination is an intermediate or final destination the arrival of which is indicated in the order. 1.11. Order database – is all information available to the "SEAMEN`S TAXI" information and dispatch service on all orders and information available and related to their status of implementation. 1.12. Acceptance – means the acceptance by the Customer all terms and conditions set forth in this Agreement without any exception through registration in the "SEAMEN`S TAXI" mobile application after which the Agreement shall be granted a legal status of a written agreement. 2. SUBJECT OF AGREEMENT AND ITS GENERAL PROVISIONS 2.1. The Contractor shall provide the Customer with access to the "SEAMEN`S TAXI" mobile application, including free access to materials posted on the web-site and the "SEAMEN`S TAXI" mobile application, and the Contractor shall accept the "SEAMEN`S TAXI" services for a temporary use for the validity period of this Agreement. 2.2. This Agreement is an electronic form of the document that defines the procedure for using "SEAMEN`S TAXI" mobile application, as well as the rights and liabilities of the Contractor and the Customer, and, in accordance with provisions of the Civil Code of Ukraine is an official Contractor’s offer (public offer) to conclude the Agreement on provision of services on the basis of public offer to any individual acting as a Customer. 2.3. Under this Agreement the Contractor shall provide following services at the Customer’s request: - to inform the Customer about the Carrier’s general requirements which determine the provision of transportation services: - to inform the Customer about the price of transportation services determined according to the Carrier’s tariffs; - to place an order in its order database which provides access to the Carriers; - to inform the Customer about the Carrier who agreed to accept the order for its execution by sending an SMS message or an electronic message via the «SEAMEN`S TAXI» mobile application indicating the brand, color and registration number of the Carrier's vehicle, as well as the time of arrival at the point of departure reported by the Carrier. 2.4. The Contractor shall not provide transportation services and under no circumstances may be considered a carrier or identified with such carrier. 2.5. The Contract can be changed by the Contractor without any special notification. The new edition of the Agreement shall come into force from the date of its posting in Internet network and/or on the web-site of the "SEAMEN`S TAXI" mobile application unless otherwise specified in the new edition of this Agreement. Acceptance by the Customer provisions of the new edition of this Agreement approved by the Contractor is mandatory for the continued use of the resources of the "SEAMEN`S TAXI" mobile application by the Customer. The Customer shall be entitled to refuse to accept the new edition of this Agreement, which entails the deactivation of his account. In this case the Contractor shall be entitled to keep the information about the Customer in accordance with the Privacy Policy. 2.6. If the Customer does not agree with the terms and conditions of this Agreement or any of its clauses, the Customer shall not be entitled to use the services of the "SEAMEN`S TAXI" mobile application, and the Contractor proposes to refuse the acquisition of information, transportation and other services provided by "SEAMEN`S TAXI" mobile application. In case when the Contractor made any changes to this Agreement in the manner set forth in the Agreement which the Customer disagrees with the Customer shall be obliged to stop using the services of the "SEAMEN`S TAXI" mobile application. 2.7. By making an order for services through using contact phones of the information dispatch service or "SEAMEN`S TAXI" mobile application, the Customer shall enter into this Agreement and accept unconditionally its terms and fully agree with them without any reservations or exceptions. The Customer shall confirm that its conditions were read and understood by him and later he could use an independent legal advise. The Customer shall agree that this Agreement is an exhaustive and complete provision between the Contractor and the Customer and supersedes any other negotiations, agreements and proposals, both oral or written, between the parties that have been related to the subject of this Agreement. The Customer shall agree to abide by terms of this Agreement. The Agreement shall have the same force as the signed document in writing. 2.8. Nothing in this Agreement can be perceived as the establishment of agency relations between its parties, relations of joint activity, relations of personal hiring, or any other relations not directly provided for by this Agreement. Attention: If you are a Carrier and want to use the services of the "SEAMEN`S TAXI" mobile application for the transportation of customers, we suggest you to acquaint yourself with information about the provision of services to Carriers in the section "For carriers" published on the web-site and the «SEAMEN`S TAXI» mobile application at the address: Seamen's taxi 3. SERVICE PROVISION PROCEDURE 3.1. The order shall be made according to the information received by the Contractor from the Customer through the mobile application "SEAMEN`S TAXI". 3.2. Information about the order shall be required to provide services under this Contract. It is required a minimum information without which it is impossible to obtain the service from the Contractor: - departure point; - point of destination (all such points if there are intermediate destinations) - the desired arrival time of the carrier to the point of departure; - if the order is carried out for the purpose of transporting animals or oversized cargo it is necessary to inform the Contractor about the number of passengers and/or cargo; - the Customer’s contact details. 3.3. Additional information about the order shall be the desired route. 3.4. When using the «SEAMEN`S TAXI» mobile application the order shall be made automatically based on the information provided by the Customer by filling in the appropriate forms of the specified mobile application. 3.5. After receiving the information provided for in clause 3.2 of the Agreement the Contractor shall have to inform the Customer about the receipt of the order and to enter immediately the executed order in its database. Upon receipt of information from the Carrier in the order database about his consent to fulfill the order, the Contractor shall immediately inform the Customer about such carrier in the manner specified in Clause 2.3. of this Agreement. 3.7. After carrying out the actions set forth in Paragraph 3.6. of the Agreement the Contractor shall be considered a person who fulfilled in full and duly his obligations to the Customer under this Agreement. Drawing up any documents in support of these circumstances shall not be required. 3.8. Provision of services under this Agreement is free of charge. 3.9. The Contractor shall not be responsible for the correctness of the information reported by the Customer by phone or via the mobile application. The Contractor shall not be liable for the incorrectness of the information recorded in the order. 3.10. The Contractor shall not be responsible for the Carrier's compliance with the arrival time reported to him at the point of departure. 3.11. The Contractor shall not determine and does not control the route chosen by the Carrier and the quality of the transportation services provided by him. However, in order to improve the service and optimize relations with carriers, the Contractor shall be entitled to conduct a survey of customers and otherwise collect information on the quality of services provided for transportation. 3.12. The Contractor shall not be responsible for any acts done by the Carrier, as well as damages and losses caused to him. 4. CUSTOMER’S REGISTRATION 4.1. In order to use the services of "SEAMEN`S TAXI" mobile application or its separate functions the Customer shall have to carry out a registration procedure, as a result of which a unique user account shall be created for the Carrier. 4.2. For registration the Customer shall undertake to provide reliable and complete information about himself on issues proposed in the registration form. If the Customer provides incorrect information or the Contractor has reason to believe that the information provided is incomplete or inaccurate, the Contractor shall be entitled to restrict or prohibit at his own discretion the Customer's access to use the “SEAMEN`S TAXI” services or individual functions. 4.3. The Contractor shall not be liable and the Customer shall be solely responsible for all actions (and their consequences) done and associated with the use of "SEAMEN`S TAXI" mobile application under the Carrier's account including cases of voluntary transfer by the Customer to third parties on any grounds (including contracts or agreements) the data to get access to the Customer's account. In this case all actions related to the use of the "SEAMEN`S TAXI" mobile application under the Customer's account are deemed to be carried out by the Customer by his own. 4.4. For security reasons the Customer must complete independently and safely the use of his account at the end of each session using the website and/or the "SEAMEN`S TAXI" mobile application. The Contractor shall not be liable for any possible loss or damage to the data, as well as any other consequences whatsoever that may occur due to violation by the Customer the terms of this Clause of the said Agreement. 4.5. The Contractor shall have the right to block or delete the Customer's account, as well as to prohibit his access to the services of "SEAMEN`S TAXI" mobile application by using any account, as well as to delete any information without explaining the reasons including the case when the Customer violated the terms and conditions of this Agreement. 4.6. The Contractor shall be entitled to send information messages to users of "SEAMEN`S TAXI" mobile application on behalf of "SEAMEN`S TAXI". 5. INFORMATION ON THE CARRIER’S GENERAL REQUIREMENTS 5.1. The information given in this section is a generalization of the Carrier’s requirements which shall determine the provision of transportation services. The requirements specified in this section cannot be considered in any way conditions for the implementation of this Agreement, but their non-compliance may be considered grounds for the Carrier's refusal to provide services to the Customer. Such a waiver cannot be considered grounds for compensation of any losses incurred by the Customer. 5.2. Transportation services shall be provided by carriers, provided that the following conditions are observed by customers and passengers: 5.2.1. Transportation of animals shall be carried out only with the prior Carrier’s consent. The Customer shall be obliged to inform the Contractor about the transportation of animals during making the order. Subject to the Carrier's consent the transportation shall be permitted for: - dogs in muzzles in the presence of a leash and a litter with the exception of pygmy breeds that are carried in hands of passengers
- small animals and birds in cages (boxes, baskets, containers, etc.) with a solid bottom.
5.2.2. During the trip passengers shall not be permitted: - to demand the carriage of goods, the mass of which exceeds the maximum permissible for the corresponding type of vehicles; - to transport cargo with a sharp odor, dangerous (flammable, explosive, toxic, corrosive, etc.) substances; - to transport cold and firearms, as well as things and objects that can stain or damage the vehicle; - to smoke or use lighters or other sources of fire and sparking devices; - to drink beverages or eat in the vehicle; - to distract the driver from driving a vehicle, including talking on a mobile phone. The carrier shall have the right to refuse to provide transportation services to a person who is in a state of alcoholic or narcotic intoxication. 5.4. The Carrier shall be entitled to fix an additional payment for the provision of transportation services: - in case when he waits for them more than 5 minutes from the time of arrival at the departure point to begin the execution of the order; - for transportation of oversized cargo; - in case of stopping on the route or changing the route at the request of the Customer or another passenger;
- in case of using paid parking lots or highways.
5.6. In case of making damage to the Customer or to the Carrier resulted from a provision of transportation services such damages shall be recovered in accordance with the current legislation of Ukraine. 6. RULES FOR USING THE "SEAMEN`S TAXI" RESOURCE 6.1. The Contractor shall have the right to improve the service of "SEAMEN`S TAXI" and to develop its capabilities. The Contractor shall have the right to inform the Customer about new features of the "SEAMEN`S TAXI" service. 6.2. The Contractor shall have the right to modify "SEAMEN`S TAXI" without any agreement with the Customer and at his own discretion, including changing the design of the website and the "SEAMEN`S TAXI" mobile application, the conditions for providing services, adding new services, stopping the provision of services, as well as to stop access to "SEAMEN`S TAXI " services which are in the process of carrying out the specified works by the Contractor. The Customer shall understand and agree that "SEAMEN`S TAXI" service may be temporarily unavailable or may face malfunctioning for these reasons, but not limited, when: - any malfunctions occur in communication equipment; - preventive maintenance, repair or administrative reviews, which are periodically conducted by the Contractor occur; - for reasons which are beyond the control of the Contractor. If the access to SEAMEN`S TAXI services is disabled for a considerable period of time (more than 48 hours), the Contractor shall do his best to inform the Customer about it if there is such an opportunity. 6.3. The Contractor shall have the right to popularize and promote "SEAMEN`S TAXI", as well as have the right to post promotional materials on any page of the website and/or "SEAMEN`S TAXI" mobile application, including but not limited to contextual advertising, banners, as well as video and interactive commercials. 6.4. The Contractor shall have the right to refuse the Customer's registration, to block temporarily the Customer's account or to delete the Customer's account without warning and explaining the reasons. 6.5. The Customer shall guarantee that he has already turned 14 (fourteen) years. 7. LACK OF GUARANTEES, LIMITATION OF LIABILITY 7.1. The Customer shall use "SEAMEN`S TAXI" mobile application at his personal risk. All the services of "SEAMEN`S TAXI" shall be provided on "as is." The Customer shall have the right to refuse at his own discretion to use "SEAMEN`S TAXI" application at any time. The Contractor shall not undertake any responsibility, including for the compliance of services provided with the Customer's objectives, and shall not bear any responsibility for the consequences resulted from using the services of "SEAMEN`S TAXI" by the Customer, including financial, material and/or moral ones. 7.2. The Contractor shall not guarantee that "SEAMEN`S TAXI" services meet or will meet the requirements and wishes of the Customer; "SEAMEN`S TAXI " services shall be provided continuously, quickly, reliably and without errors; the results that can be obtained by using the services of "SEAMEN`S TAXI" shall be accurate and reliable and can be used "as is" by the Customer in everyday life and/or in any activity, for any purpose or in any quality (for example, to establish and/or to confirm any facts); The quality of any services and services obtained by using "SEAMEN`S TAXI" mobile application shall meet the Customer’s goals and requirements and/or expectations. 7.3. The Contractor shall not undertake any moral and/or material responsibility for any results of the Customer's use of information, as well as services received with the help of "SEAMEN`S TAXI". The Contractor shall not be liable for any losses incurred as a result of the use of the "SEAMEN`S TAXI" resource by the Customer, including losses that may be caused to the computer or other devices of the Customer or third parties, as well as for the loss of data or for causing any other losses. 7.4. The content of the website and the «SEAMEN`S TAXI» mobile application shall be of informational character. The Contractor shall not be responsible for inaccuracies specified in the information. The Contractor shall not be responsible for the information provided by third parties, including carriers, as well as he shall not be responsible for services provided or for a bad provision of transportation services, including the quality of products that are advertised by third parties on the resources of "SEAMEN`S TAXI" mobile application. 7.5. The Contractor shall not become responsible for the quality of public communication channels through which the Customer obtains the access to "SEAMEN`S TAXI" mobile application. 7.6. The Contractor shall not be liable for problems related to the use by the Customer of unlicensed software and hardware when using "SEAMEN`S TAXI" mobile application. 7.7. The Contractor shall not be liable for the content and reliability of the information provided by the Customer when placing an order on the "SEAMEN`S TAXI" resource. The Customer shall undertake the full responsibility and risks related to access to "SEAMEN`S TAXI" resources via Internet. 7.8. "SEAMEN`S TAXI" mobile application may contain links to third-party websites on the Internet. These third parties and their information and text are not verified by the Contractor for compliance with certain requirements (such like reliability, completeness, legality, etc.). The Contractor shall not be liable for any information, materials posted on third party websites to which the Client was given access by using "SEAMEN`S TAXI" mobile application, including for any opinions or statements posted on third-party websites, advertising, as well as availability of such websites or information, as well as the consequences of their use by the Customer. 7.9. The link to any website, product, service, any information of a commercial or non-commercial nature placed in any manner or form on the "SEAMEN`S TAXI" resource cannot be considered the Contractor’s approval or recommendation of these products, services or activities. 7.10. In case the terms and conditions of this Agreement are violated by the Customer it shall not deprive the Contractor of the right to carry out later appropriate actions aimed at protecting his own interests. 7.11. In all circumstances, the Contractor's liability under Article 22 of the Civil Code of Ukraine shall be limited up to UAH 100 (one hundred Ukrainian Hryvnias) and are to be refunded only if a fault in his actions was obvious. 7.12. Consideration of claims to the Contractor related to the provision of services under this Agreement, as well as their quality shall be performed by the Contractor upon presentation by the Customer the relevant financial documents confirming the proof of the Contractor’s fault. 7.13. The Contractor shall not consider anonymous claims or claims that do not allow identifying the Customer on the basis of the information provided to them when making an order on the "SEAMEN`S TAXI" resources. 7.14. Questions, suggestions, comments, complaints and other Customer's messages relating to the work of "SEAMEN`S TAXI" resource are to be sent to the Contractor at the e-mail address office@kharazi-agency.com or through the feedback form located at https://seamenstaxi.com. 7.15. The Contractor shall not be responsible for the Customer's response to his request. If the Customer does not agree with the reasoning of the Contractor's response, he shall be entitled to send a repeated letter to the Contractor with a more detailed statement of the situation and/or issue and/or proposal. Any Customer’s claims addressed directly to the Contractor and/or related to "SEAMEN`S TAXI" resource shall be subject to pre-trial settlement through the exchange of written communications. 7.16. Any claims of the Customer for transportation services provided by the Carrier and/or the refund of money for transportation services rendered and which are not referred to the Contractor's liability in accordance with the provisions of this Agreement shall not be considered by the Contractor. The parties shall agree that the transfer of the Customer's claims to the Carrier is not to be considered the Contractor’s obligation but his right that can be exercised by him voluntarily and without any enforcement. 8. CONSENT- PERMISSION TO OBTAIN INFORMATION 8.1. The Customer shall grant voluntarily the Contractor his permission to obtain and process his personal information, including other information that enables the Contractor to identify the Customer in accordance with Provisions of the Law of Ukraine "On Personal Data Protection" and the current legislation of Ukraine. 8.2. Information provided by the Customer to the Contractor shall be required by the Contractor to perform properly the terms and conditions of this Agreement and to process the order. 8.3. When using the "SEAMEN`S TAXI" mobile application the obtaining of technical information about the Customer that does not relate to the personal one such like: - Customer’s IP address; - the address of the website from which the transition to "SEAMEN`S TAXI" was made; - time spent on the website of "SEAMEN`S TAXI" resource; - the type of browser used and its language version. Also, the navigation information, that is: addresses and ways of the Customer's movement on "SEAMEN`S TAXI" resources, including information about the actions performed on "SEAMEN`S TAXI" resources and transitions through internal links, etc., can also be obtained and analyzed. In addition, we inform herewith that the Owner of the database of personal data of users of "SEAMEN`S TAXI" mobile application shall be considered Contractor. As set forth in this Agreement concluded between the Contractor and ____________, the personal database shall be stored: __________________________ at: _________________, Street, city of __________, 000000, _________________ 9. SPECIAL TERMS AND CONDITIONS 9.1. Having agreed to receive services rendered under this Agreement, the Customer shall provide the Contractor with unlimited, unconditional and irrevocable consent to the obtaining, keeping, processing and use of his personal data. 9.2. The Contractor shall not be liable for the use by the Customer or the Carrier the information kept in the orders database of due to the performance of this Agreement, as well as for losses incurred by these persons as a result of the receipt or use of such information. 9.3. Provision and accept of transportation services by using information services rendered by the Contractor shall not be considered the ground for attracting the Contractor to compensation for losses caused to the Customer or the Carrier resulted from provision of transportation services. 9.4. No terms and conditions of this Agreement can be interpreted a guarantee of providing the Customer with transportation services. 9.5. The Customer shall acknowledge and agree that "SEAMEN`S TAXI" mobile application, as well as postal service and all necessary software are protected by copyright, trademarks, patents, current legislation of Ukraine in the field of intellectual property and other applicable international standards. 9.6. The Parties to this Agreement shall be governed by the current legislation of Ukraine. Throughout the text of this Agreement, unless otherwise expressly indicated, the term "legislation" shall refer to the legislation of Ukraine. 9.7. This Agreement has been drawn up in Ukrainian. At the time of conclusion of this Agreement the Contractor is a Single-Tax Payer (Group III) and is not a VAT payer. |