GETCAR SERVICE USE AGREEMENT
1.1 GetCar Rus Limited Liability Company, company registered at the address: Moscow, 1st Tikhvinskiy tupik, 5-7, premise I, room 3, office 8 (hereinafter referred to as the "Company"), hereby offers to use the services available at https://getcar.ru (hereinafter referred to as the “Site”) and further described in clause 2 hereof (hereinafter referred to as the “Service”) to an Internet user (hereinafter referred to as the “User”) under the terms and conditions described herein. This Agreement shall come into force and become legally binding for the Company and the User (hereinafter referred to as the “Parties”) at the moment when the User first time starts to use the Service.
1.2 When starting to use the Service, the User shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Service.
1.3 The Company reserves the right to change this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. Continuing using the Services, the User shall be deemed to have accepted the terms of this version of Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User may not use the Service.
2. DESCRIPTION OF SERVICE
2.1 The Service is the software of the Company, which can be used о to ensure information and technological interaction between the User and a person carrying out business of motor vehicles rent chosen from the list of partner entities (hereinafter referred to as the «Taxi Companies»), which have entered into respective agreements with the Company.
2.2 The User acknowledges and agrees that:
(A) The User’s ability to obtain the services of transport rent through the use of the Service does not establish the Company as a provider of such services or as a Taxi Company. When the User finds an appropriate Taxi Company and accepts its terms and conditions of cooperation (hereinafter referred to as the «Transaction»), he shall be deemed to have entered into an Agreement with the Taxi Company, but not with the Company.
(B) Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information from the Taxi Company to the User through the Service. The Company shall not be liable for the credibility of the information passed as well as for the due and in good faith performance of the Taxi Company’s obligations within any agreements between the Carrier and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages caused by the Service, or in any way determined by the use of the Service.
(C) The Service, including the software used for the provision of the Service and other content of the Site through which the Service are available, GetCar logo and other logos and registered trademarks are protected by the Company’s or third parties’ intellectual property rights, providing the Company with respective rights. The User is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the respective intellectual property solely in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
(D) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.
(E) The User enters into this Agreement at its sole risk and understanding that the Service and any information provided to the User are provided “as is” and “as available”.
(F) The relations between the User and the Company during the use of the Service fall exclusively within the Agreement contained herein. Any amendments hereto shall be executed as a single instrument signed by the authorized representatives of both parties; any other forms of agreement (verbal arrangements, exchange by e-mails etc.) shall be deemed as preliminary and not mandatory for compliance.
3. USER REGISTRATION USER CREDENTIALS
3.1 In order to use the Service, the User shall fill in the questionnaire at http://getcar.ru, where it shall indicate his e-mail as a user name, to which e-mail the User will receive the notifications on new Requests, and a password for User identification.
3.2 The User shall provide true and full information about itself on all matters requested by the registration form for the purposes of the registration, i.e.: Full name, length of driving experience, e-mail, telephone. The User shall maintain such information updated. If the User provides false information or the Company has reasons to believe that the information provided by the User is incomplete, the Company shall be entitled on its own discretion to block or delete the Personal Account of the User and bar the User to use the Site (or its specific functions).
3.3 The Company reserves the right to request the User at any moment to confirm data stated during the registration request the supporting documents, while the failure to provide such documents may be deemed, on discretion of the Company, as provision of false information and entail consequences set forth in clause 3.2 hereof. If the User's details indicated in the documents provided by the User do not correspond to data stated during the registration and when such data do not enable the identification of the User, the Company shall be entitled to bar the User to access its personal account and to use the Service.
3.4 The User shall be independently responsible for the safety (immunity to guessing) of the means of access to the personal account chosen by the User, and shall independently provide for confidentiality of the same. The User shall be independently responsible for all acts (and consequences thereof) within or using the Site under the personal account of the User, including the cases of voluntary transfer by the User of details for access to the personal account of the User to the third parties under any conditions (including in virtue of any contracts and agreements). Herewith all acts within or using the site under the personal account of the User shall be deemed done by the User, except for the cases, when the User notifies the Company on the unauthorized access to the Service using the personal account of the User and/or any breach (suspicion thereof) of confidentiality of its means of access to the personal account.
3.5 The User shall promptly notify the Company on any case of unauthorized (not authorized by the User) access to the Site using the personal account of the User and/or on any breach (suspicion thereof) of confidentiality of its means of access to the personal account. For the purposes of safety, the User shall independently safely complete work under its personal account ("Exit" button) upon the end of each working session with the Service. The Company shall not be liable for eventual loss of damage of data and any other consequences whatsoever, which can occur due to the breach of this Clause by the User.
3.6 The User may delete at any time its personal account or terminate the operation of the same, if such function is available.
3.7 The Company deletes the personal account in manner as follows:
3.7.1 the personal account is blocked for one month, during which the User is barred to access its personal account, while the content placed with such personal account may be deleted;
3.7.2 if the personal account of the User is restored during the above period, the access to the personal account by the User will be resumed, though the content placed with such personal account may not be restored;
3.7.3 if the personal account of the User is not restored during the above period, the whole content placed with the same will be deleted and the user name will be available for the uses by the other users. Since that moment the restoration of the personal account, any information related thereto as well as access to the Service with such personal account are impossible.
4. USER’S REPRESENTATIONS AND WARRANTIES
4.1 The User represents and warrants at all times that the User continues to use the Service that:
(A) The User has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and his obligations contained herein;
(B) the User’s compliance with this Agreement is lawful and his obligations hereunder are legally binding and valid;
(C) The User has carefully and thoroughly read and understood this Agreement;
(D) The User is and has always been compliant with this Agreement;
(E) in entering into this Agreement the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement;
(F) all information provided by the User is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Company enters into this Agreement with him in reliance on the representations and warranties set out in this clause.
5 USER’S ONGOING OBLIGATIONS
5.1. The User shall:
(A) regularly monitor and review any announcements connected with the Service made on the Site;
(B) use the Service only for the purposes and in the manner expressly permitted by this Contract;
(C) notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect;
(D) not engage in any activity that interferes with or disrupts the Service in any way;
(E) keep, and be fully responsible for keeping, the information required to access its account (including the password) confidential, secure, intact and under control at all times;
(F) not remove any copyright, trademark or other proprietary notices from any portion of the Service;
(G) not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company;
(H) not modify, reverse engineer, decompile, decodify, disassemble the Service or any parts thereof except as may be permitted by applicable law;
(I) neither refer to nor create any copies of the Service in full or in part;
(J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;
(K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;
(L) not use or reference in any manner the Company's names, logos, product and service names, trademarks or services marks;
(M) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service;
(N) not upload, send, transmit, or post in any other way and/or distribute content that is illegal, harmful, libelous, offends morality, demonstrates (or propagates) violence and cruelty, infringes intellectual property rights, promotes hatred and/or discrimination against people on racial, ethnic, gender, religious, social grounds, contains insults to any persons or organizations, contains elements of (or propagates) pornography, child erotica, constitutes an advertisement (or propagates) sexual services (including under the guise of other services), explains the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
(O) not represent falsely oneself to be another person or representative of an entity and/or community without sufficient rights thereto, including Company employees, forum moderators, the Site owner, and apply any other forms and methods of illegal representation of other persons on the network, and also mislead Users or the Company regarding the properties and characteristics of any subjects or objects;
(P) observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service;
(Q) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.
6 EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
6.1 The User hereby accepts that, to the fullest extent permitted by law:
(A) no warranty is given in respect of the Service or any information provided to the User;
(B) The Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:
(i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement;
(ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;
(iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
7 LIMITATIONS OF THE COMPANY’S LIABILITY
7.1 To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:
(A) any inaccuracy, incompleteness or delay in any information provided to the User;
(B) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;
(C) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);
(D) termination of this Agreement at any time and for any reason;
(E) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;
(F) any war, riots, acts of God, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and natural calamities.
7.2 The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
7.3 The Company shall not be liable for any damages, liability or losses arising out of:
(A) use by the User of its intention to use the Service, or impossibility of access or use of the Service by the User;
(B) any transactions or relations between the User and any Taxi Company, even if the Company is notified on possibility of such loss. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
8.1 The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss arising from (and any costs incurred in connection therewith):
(A) any breach of this Agreement by the User;
(B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement;
(C) infringement of any Company’s or third parties’ intellectual property rights or other rights in connection with the User’s use of the Service and the Site and its contents.
9 PRINCIPLES AND CONDITIONS OF PERSONAL DATA PROCESSING
9.1 Processing and provision for safety of the personal data by the Company shall be performed in compliance with Constitution of the Russian Federation, Federal Law dated 27.07.2006 No. 149-FZ "On information, information technologies and information protection", Federal Law No. 152-FZ dated 27.07.2006 "On personal data", "Regulation on peculiarities of personal data processing", "On approval of requirements to personal data protection during processing of the same in information systems of personal data", as approved by Decree of the Government of the Russian Federation dated 01.11.2012. N 1119, and any other regulations in the field of personal data protection applicable in the Russian Federation.
9.2 The User agrees that:
(A) personal data are processed with the User's consent to processing of its personal data;
(B) personal data processing is needed for performance of agreement under which the User acts as a party, beneficiary or guarantor, as well as for execution of agreement by the User or agreement, under which the User will act as a beneficiary or guarantor;
(C) personal data processing is required to exercise its rights and legitimate interests by the Company or the third parties or for reaching the socially significant aims under stipulation that the User's rights and liberties are not breached;
(D) The Company may transfer the User's personal data to the third parties, who entered into respective agreements with the Company, and who are interested in purchase of services of professional drivers.
10.1 The User agrees to receive advertising messages from the Company. The User has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the User received such messages.
10.2 The Company shall collect and process only those personal data of the User which are required to be processed for the use of the Service or necessary to provide the Service.
10.3 The User hereby gives his consent on processing and collection of his personal data to the extent and for the purposes specified in this Agreement and in Confidentiality Policy posted on the Site.
10.4 The Company shall take all necessary and sufficient organizational and technical measures to protect the User’s personal data from illegal or accidental access, destruction, alteration, blocking, copying, or distribution, as well as from other illegal actions with such data by third parties.
10.5 Although the Company keeps the provided user data with maximum care, the Company wives any liability for the attacks attempted by the hackers.
11.1 The feedback that one can find on the Site express personal experience and opinions of the visitors, who got the services through the Service and filled the questionnaire. The feedback expresses solely the opinion of respective reviewer and does not represent the review made by the Company employees and/or visitors, who got the services through the Service.
11.2 The Company publishes the feedback automatically, without reviewing them, but reserves the right to delete (and/or edit) the reviews on reasonable grounds, i.e:
- discriminating or insulting comments;
- incorrect language use;
- use of any language other than Russian and English;
- improper or undesirable behavior;
- acting with false identity;
- placement of commercials;
- breach of laws and/or rules;
- placement of texts copied from any other sources (e.g. websites, newspapers, magazines and books);
- placement of texts not related to trip, registered through the Site;
- inclusion of confidential data without consent granted thereto.
11.3 By posting your feedback on the Site, you give consent to use of the same in excerpts and/or publications of the Company on the Site and/or advertisement, e.g. in leaflets. Full or partial copying, processing or publishing of the feedback from the Site in any other places is prohibited, unless prior written consent thereto is granted by the Company.
12 ASSIGNMENT AND NOVATION
12.1 The Company may assign, transfer, novate or otherwise deal in any manner, all or any part of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the User’s consent and in any way the Company considers appropriate.
12.2 The User agrees that it may not claim against any assignee, transferee or any other person who has an interest in this Agreement, any right of set off or other rights that the User has against the Company.
13 TERM AND TERMINATION
13.1 This Agreement will commence at the moment specified in clause 1.1 and shall continue until terminated in accordance with this clause 13.
13.2 Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the User and it without prior notice or need to specify reasons, including if:
(A) The User has breached any provision of this Agreement or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in this Agreement;
(B) The Company reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction);
(C) The Company determines that performing its obligations under this Agreement is no longer commercially viable.
13.3 The Company will inform the User of such termination by notice in accordance with clause 18.
14 WAIVER OF SET-OFF
The User acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the User might otherwise have under this Agreement under the applicable laws.
15 GOVERNING LAW
This Agreement is governed by and must be construed in accordance with the law of the Russian Federation.
16 RESOLUTION OF DISPUTES
If there is a dispute between the Parties resulting from, arising out of, or in connection with this Contract or related to its subject matter, the dispute shall be referred to and finally resolved by Tverskoy District Court of the city of Moscow.
17 THIRD PARTY RIGHTS
Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.
18.1 The User agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the User registers to its account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, if earlier, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.
18.2 Notices to the Company may be directed to the email address specified on the Site firstname.lastname@example.org
19 NO WAIVER
No failure or delay on the part of the Company to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Company of any right, power or remedy.
20 REMEDIES CUMULATIVE
The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers or remedies provided by law.
21 NO RELATIONSHIP
This Agreement do not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.
If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This clause 21 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.