User Agreement
AGREEMENT (PUBLIC OFFER) FOR RECOMMENDING RIDESHARE SERVICES
AGREEMENT (PUBLIC OFFER) FOR THE RECOMMENDATION OF FELLOW TRAVELER SERVICES
The agreement (public offer) for the recommendation of fellow traveler services (hereinafter referred to as "Agreement") – is a service agreement for searching, selecting, and offering fellow traveler services, concluded in electronic format between the fellow traveler, the sender, and the Company through the use of the Mobile Application or website, including the execution of a Safe Transaction.
Fellow Traveler – a person (legal entity, individual, tax payer on professional income (self-employed), individual entrepreneur) attracted as a result of the automatic operation of the Mobile Application, intending to provide services for the delivery of shipments to the address specified by the Sender, including using transport, according to the posted Request.
Request - an instruction from the Sender or a person authorized by them to deliver a shipment using the services of a fellow traveler, properly executed using the Mobile Application or website. The request is sent to an unlimited circle of fellow travelers registered in the Mobile Application as a result of its automatic operation, which may have special requirements depending on the conditions of the Request.
Shipment - an item for delivery, accepted and inspected by the fellow traveler on request of the user, specified in the Mobile Application or on the website, meeting the requirements of this Agreement.
Sender - a person or their representative acting on behalf of the represented, who has posted a request for the delivery of a shipment in the Mobile Application or on the website, and has transferred this shipment to the address of the Recipient using the services of a fellow traveler.
Recipient - a person or their representative acting on behalf of the represented, who is to receive the shipment from the fellow traveler on request of the sender, placed in the Mobile Application or on the website.
User(s) - a person (legal entity, individual, individual entrepreneur, self-employed tax payer) using the Site or Mobile Application, who has gone through the registration process to receive Company Services.
Mobile Application - software designed to operate on smartphones, tablets, and other mobile devices, providing access to the "SkyPtoP" parcel delivery service. The application can be downloaded for free onto the user's device from online application stores such as AppStore, Google Play, etc.
Website - A web site hosted on the Internet at https://skyptop.com and is a composite object of intellectual property consisting of computer programs and other software, databases, graphic content, and other works combined to ensure the normal functioning of the website and its use for placing requests for delivery by a fellow traveler and receiving accompanying services and information. The site is an integral part of the software.
Safe Transaction - a service available on the website, provided by the payment system to ensure information-technology interaction and safe calculations under the contract concluded between the User and the Company.
https://skyptop.com/
Payment System – technology that allows accepting bank cards through the Internet, with the ability to make calculations with clients through the "Safe Transaction" system based on an offer posted on the Payment System's website.
Payment System Website – a website hosted on the Internet at https://cloudpayments.ru, on which an interface and/or card payment details input application is placed and/or available for non-cash transfer, and also contains information about the Payment System.
Authorization - granting a certain person or group of persons the rights to perform certain actions in the Mobile Application or the Company's website, as well as the process of verifying (confirming) these rights when attempting to perform these actions when gaining access to use the Mobile Application or website.
Registration - the process of granting a certain person or group of persons the rights to perform certain actions in the Mobile Application or the Company's website, as well as the process of verifying (confirming) these rights when attempting to perform these actions when gaining access to use the Mobile Application or website during the initial conclusion of user relations with the Company.
Verification - verification and confirmation of information provided by the User using the Mobile Application or Website in order to verify the User's compliance with the conditions, requirements, criteria, and standards of the Agreement by the Company.
Public Offer - the current offer of the Company, made to the User and/or an unlimited circle of Internet users to use the functional capabilities of the software and technical means of the Mobile Application and/or website with the purpose of concluding the Agreement on the terms specified in the offer.
Term of the Offer is unlimited.
Company Content - text, graphics, user interfaces designed for the User, visual interfaces, photographs, sounds, illustrative material, computer code (including html code), programs, software, products, information, and documentation that are the intellectual property of the Company and/or third parties.
User Content - text, graphics, any data in the interfaces designed for the User, visual interfaces, photographs, sounds, illustrative material, products, information, and any documentation published by the User and/or in any way distributed and/or exchanged by them through the Mobile Application.
Application Administration - authorized employees of the Company, as well as other persons duly authorized by the Company to manage the Mobile Application and provide Services to the User using the Mobile Application in accordance with the terms of this Agreement.
Rating - a numerical indicator of the User's reliability (level of trust in them). There are two types of User ratings in the Mobile Application: fellow traveler rating and sender rating.
Declared Value - the cost of the Shipment, amounting to 10% (ten percent) of the price of providing services under this agreement.
2. GENERAL PROVISIONS
2.1. The Agreement, its annexes, and other related agreements are concluded electronically through the automatic operation of the Mobile Application, with the written form of the respective documents and agreements considered observed in accordance with paragraphs 2 and 3 of Article 434 of the Civil Code of the Russian Federation.
2.2. The User accepts this Agreement entirely (unconditionally agrees to the Rules) and joins them on the respective terms by starting to use the website or Mobile Application. If the User does not agree with the Agreement, they must immediately cease using the Mobile Application and refrain from using the Company’s services.
2.3. Unilateral amendments to the Agreement and its annexes by the Company are permissible, the current version of which is posted at https://skyptop.com and becomes effective from the date of publication. Users are required to monitor updates to the Agreement independently. If the Agreement changes during the execution of a Request, the version of the Agreement in effect on the date it was made applies to the parties' relations. If the User does not agree with the changes made to the Agreement, they must immediately stop using the Mobile Application and the website.
2.4. Full and unconditional acceptance of the terms of this Public Offer also constitutes the User's consent to provide their personal data (including a copy of their identity document, residential address, phone number, etc.) through the website or mobile application and/or – consent to the processing of personal data and/or agreement with this public offer by checking the corresponding field on the website or mobile application of the Company.
2.5. The User agrees that the Company may enter into contractual relationships with third parties under any acceptable conditions for the purpose of fulfilling this Agreement or part of it or providing other services necessary for achieving the goals set by the Agreement.
2.6. The Sender or Recipient accepts the terms of this Agreement if they hand over (or accept) the Shipment specified in the request on the website or mobile application to (from) a fellow traveler on their behalf or on behalf of someone else authorized to perform this action, regardless of whether they have electronically or otherwise signed the corresponding documents to accept this public offer.
2.7. The User should be aware that if they provide unreliable or knowingly false information about the Shipment or its contents, they may be subject to claims, administrative, or criminal liability.
2.8. Payment for the services provided may be made by third parties on behalf of the User.
2.9. The Company owns the mobile application for recommending fellow traveler services for the delivery of the Sender's Shipment - "SkyPtoP". The "SkyPtoP" mobile application enables the determination of delivery terms for Shipments and organizes activity for information exchange between fellow travelers operating along their chosen route and Senders who need to deliver a Shipment to a Recipient located in the fellow traveler’s route zone. The purpose of this interaction between the fellow traveler and the Sender is the delivery of the Shipment as per the Sender’s request to the Recipient.
2.10. This Agreement is concluded between the Company and the User who expressed a desire to register in the "SkyPtoP" Mobile Application.
2.11. This Agreement is a public offer, and by accepting the conditions outlined below, the User acquires the status of a service orderer under the Agreement, agrees to fulfill the terms of this Agreement, its annexes, and appendices, which are an integral part of it.
2.12. The moment of conclusion of this Agreement between the Company and the User is considered the moment of acceptance (agreement with the terms) of the Agreement by the User at the time of registration in the Mobile Application.
2.13. Any interaction of the User with the Mobile Application (including, but not limited to: registration, verification, posting any information, transferring funds to the Company for services received, actual use of the Application, and performing other conclusive actions) also confirms the User’s unconditional agreement with all the terms of this Agreement (including its annexes and additions). Such interaction with the Mobile Application constitutes full and unconditional acceptance of this Agreement, and ignorance of its terms does not exempt the User from liability for their non-compliance.
2.14. After concluding this Agreement, the Company provides access to the functions of the Mobile Application under the terms set forth in the Agreement.
2.15. The Company reserves the right to amend the Agreement and/or withdraw it at any time at its discretion. If the Company makes changes to the Agreement, such changes take effect from the moment the modified text of the Agreement is posted on the Internet on the Website and/or in the Mobile Application unless another term for the changes to take effect is provided at such posting.
2.16. The current version of the Agreement is available on the Website and/or in the Mobile Application. Continued use of the Mobile Application (any further interaction with the Mobile Application) signifies agreement with the amendments made to the Agreement.
2.17. If the User does not agree with any terms of this Agreement and/or does not agree to adhere to the terms of this Agreement (or the new version of the Agreement), they do not have the right to use the features of the Mobile Application. The User must cease using the Mobile Application and exit it.
2.18. The Mobile Application Administration has the right at any time to deny any User registration and/or use of the Mobile Application in case of violation of the terms of this Agreement, applicable laws of the Russian Federation and other countries, and the legal rights and interests of the Company and third parties.
2.19. By entering into this Agreement, the User acknowledges, accepts, and unconditionally agrees that the Company is not a party to civil-law relationships or other types of obligations and agreements between Users, or a User and the state, exclusively performing functions provided for by this Agreement.
3. ORDER OF SERVICE PROVISION
3.1. The provision of services by the Company is available only to users who are registered in the Mobile Application and/or Website, and/or have otherwise accepted this Agreement. The services provided by the Company to the users include, but are not limited to, the following: - provision of the Mobile Application for free download from online app stores; - ensuring the operation of the Mobile Application from the moment of its download and installation until its removal from the mobile or other device; - enabling the exchange of text messages between users via the Mobile Application; - enabling the publication and viewing of announcements; - facilitating the interaction between the Sender and the fellow traveler to determine the terms of delivery of the Shipment; - ensuring information and technical interaction between users and the Application Administration.
3.2. The Company guarantees the availability of the Mobile Application and/or the provision of services around the clock.
3.3. The Company provides users with a non-exclusive and non-transferable right to use the software that ensures the operation of the Mobile Application.
3.4. The provision of services by the Company is carried out on a paid basis. The method and amount of the Company's compensation are determined by this Agreement.
3.5. Users, by starting to use the Mobile Application, join this Agreement and gain access to the main functions of the Mobile Application and the ability to submit Requests.
3.6. The main functions of the Mobile Application allow Senders to place Requests for the delivery of Shipments with the calculation of their cost, withdraw, make changes to Requests (at which the cost is recalculated), receive notifications about the acceptance of Requests by a fellow traveler, conclude contracts electronically, track the status of the execution of Requests, make payments for Requests by electronic means, send notifications and messages to the Company administration, and provide fellow travelers with the ability to independently search for and accept Requests, accept the conditions for providing services by a fellow traveler generated by the Mobile Application, accept individual Requests offered by the Mobile Application, make agreed changes, execute or refuse to execute Requests, and conclude contracts electronically with the Company, track the status of Requests, send notifications and messages to the Company administration, receive information about settlements with the Company, and use other functions of the Mobile Application.
4. TERMS AND CONDITIONS OF USING THE MOBILE APPLICATION
4.1. Registration in the Mobile Application (creation of an account). Rules for registration in the Mobile Application:
4.1.1. A person wishing to become a User must undergo a registration process on the respective page of the Mobile Application or Website. During registration in the Mobile Application, the User is required to provide true, complete, and accurate information about themselves in the registration form (profile) and periodically update it to ensure its relevance and completeness.
4.1.2. Registration and use of the Platform are allowed only for users who have reached the age of majority and full legal capacity. By creating an account in the Mobile Application, the User guarantees that they are an adult and assumes full responsibility for any adverse consequences and damages resulting from this cause.
4.1.3. From the moment of Registration in the Mobile Application and/or placing a request on the Website, and/or oral (using telephone or other communication) or written agreement to place a Request, the User consents to the Company's use of the User's personal data provided during Registration, Authorization, sending to the Company through email, messengers (WhatsApp, Viber, Telegram, others) and other means of communication and information exchange, for processing and storing to ensure the operation of the Mobile Application, as well as for information service of the User. The method and conditions of using the User's personal data are determined by the Privacy Policy (Annex No. 1), which is an integral part of this Agreement.
4.1.4. The User agrees that actions performed in the Mobile Application after the User's Authorization and Registration are considered actions of the User. The User bears full responsibility in accordance with this Agreement and applicable law for any actions performed using their account, as well as for any consequences that may have caused or caused by its use.
4.1.5. By registering, the User agrees to receive informational messages to the phone number provided at registration. The User agrees to receive advertising material addressed to them by the Company. In case of disagreement, the User must send a written notification to the Company requesting the cessation of sending advertising or other relevant information to their address.
4.1.6. The User is fully responsible for all actions performed in the Mobile Application under their account. The User must immediately notify the Company of any actions known to them, cases of access to the Mobile Application by third parties under the User's account. The Company is not responsible in case of violation of the User's rights by third parties who have gained unauthorized access to the User's Mobile Application.
4.1.7. The User is responsible for observing the rights (material and non-material) of third parties regarding information transmitted (provided) to the Company during the User's registration, during the use of the Mobile Application, and when receiving the Company's services. The User independently assesses the legality of their use of the Mobile Application and the services provided by the Company, including from the point of view of applicable law.
4.1.8. It is prohibited for the User to post in the Mobile Application information that violates legally protected property and/or personal non-property rights and legal interests of the Company or third parties, infringes on their honor and dignity; contains indecent or offensive character; violates the copyright and related rights of third parties; contains information the dissemination of which is prohibited or restricted by applicable law; about shipments whose content is prohibited from circulation (restricted to circulation without observing the relevant conditions) in accordance with applicable law; about shipments whose content is included in the list of items prohibited for mailing using the SkyPtoP application; or in any other way violates applicable law.
The Application Administration has the right at any time to delete an account, any review, message, announcement, content posted in the Mobile Application that does not meet the requirements of this Agreement.
4.2. Verification and conditions for forming and executing a Request:
4.2.1. The Company has the right to use a system to verify (verification) part of the information provided by the User. This action is necessary to increase trust, prevent or detect fraud by the User for the purpose of safe use of the Mobile Application.
4.2.2. The User consents that any User data posted in the Mobile Application is accurate and may undergo a verification procedure. At the same time, the Company does not guarantee the accuracy and reliability of such information.
4.3. Publication of a Request and processing of a Shipment:
4.3.1. The User is provided access to the function of publishing a Request. The function of publishing a Request implies the possibility for the User to post Requests in the Mobile Application, available for review by all users.
4.3.2. The Application Administration has the right at any time to delete a Request that does not meet the requirements of this Agreement.
4.3.3. A User who violates the terms of the Agreement may have their access to the Mobile Application restricted on a permanent or temporary basis.
4.3.4. As a result of the verification by the Software of the Request, it is posted and sent to an unlimited circle of fellow travelers registered in the Mobile Application. Depending on the Request, this circle may be limited by the software to comply with the conditions stated in the Request.
4.3.5. A posted Request is displayed in the fellow traveler's Mobile Application along with its main parameters. If a fellow traveler agrees with all the conditions of the Request, they have the opportunity to accept it for execution by pressing the corresponding button in the Mobile Application. At the moment of acceptance of the Request formulated by the Sender, the legal relationship for the execution of the delivery conditions is considered concluded between the fellow traveler and the Sender.
4.3.6. After a Request is accepted by a fellow traveler, they perform acceptance of the offer with simultaneous acceptance of the conditions of the Request, which is notified to the Sender by sending a corresponding notification via email, or through the Personal Account, or via an SMS message with the contact details of the fellow traveler. At the moment of acceptance by the fellow traveler of the Request, the contract for the provision of services by the fellow traveler is considered concluded electronically on the terms provided by the corresponding Agreement.
4.3.7. To access Requests, the fellow traveler uses the Mobile Application.
4.4. Users of the mobile application or website, by accepting this offer, confirm that the real cost of the transmitted/received/accepted for delivery Shipment corresponds to the declared value, i.e., amounting to 10% (ten percent) of the amount paid by the User for the service.
4.5. Users confirm that in the event of various types of disputes regarding the determination of the cost of the Shipment, compensation for damages related to disputes concerning the Shipment, in the presence of fault established by the legislation of the Russian Federation of the Company, the amount of the Company's liability cannot exceed the declared value of the shipment.
4.6. The User, by accepting this offer, confirms that in case of disagreement with the terms of the Agreement, individual provisions of the Agreement, annexes, including the terms of the declared value of the shipment, is obliged to notify the Company in writing for the purpose of determining by the Company the presence or absence of the possibility of making the corresponding changes, or to refrain from using the services of the Company.
4.7. By accepting the offer, users are warned and agree with the prohibition of executing a request without declaring the value of the shipment.
4.8. The declared value may be changed by agreement of the parties based on the submission to the Company of a written statement by the Sender with the attachment of the original documents, the list of which is formed and requested at the discretion of the Company individually for each shipment.
4.9. The User, in case of damage, loss, shortage of the Shipment, or other improper performance of obligations by the fellow traveler and with compliance with the conditions provided by the Agreement, in case of proven fault of the Company, has the right to receive the declared value of the Shipment or compensation for the damage caused, in an amount not exceeding the specified Declared Value (depending on the degree of damage, or loss of the Shipment, or the amount of damage caused.
4.10. In the event of loss, shortage, damage, or other improper performance of obligations by the fellow traveler, the Company has the right to compensate the Declared Value of such Shipment (in full or in part due to the actual damage caused), based on the Claim of such User and subject to its satisfaction, in accordance with Article 313 of the Civil Code of the Russian Federation.
4.11. In case the Recipient refused to accept the Shipment or the absence of the Recipient at the specified address, the fellow traveler returns the Shipment to the Sender or to a person designated by them, in accordance with the previously submitted Request, and the Sender is obliged to pay for the return route (return of the shipment) at the cost of providing services by the Company as if forming a new Request. The conditions, cost, and methods of returning the Shipment to the Sender are determined by the Company independently, in the absence of properly executed instructions on this fact from the Sender.
4.12. In case of the Sender's refusal to return the Shipment to their address, in the event of circumstances specified in paragraph 4.11 of the Agreement, in the absence of instructions from the Sender regarding the further fate of the Shipment, the Company has the right to determine further actions with the Shipment at its own discretion. All costs incurred by decisions about the further fate of the Shipment the Company has the right to recover from the Sender. The Sender confirms that in the event of circumstances specified in paragraph 4.12 of the Agreement, they bear full responsibility for the safety and fate of the Shipment.
4.13. In the event of controversial situations at the time of delivery, the parties to the Agreement determined that the fellow traveler acts in the interests of the Recipient without a mandate (Article 980 of the Civil Code of the Russian Federation);
4.14. In case of the Recipient's refusal to accept the Shipment, the services of the fellow traveler and the Company are considered to be properly provided.
4.15. In case the User refuses the Company's services after accepting the request, the latter is obliged to compensate the Company for the actually incurred expenses.
4.16. The Company reserves the right to change and supplement the functions of the Software.
4.16. The User may publish a Request in the Mobile Application only under the conditions set out below. When placing a Request by the User, the coordinates of the delivery route of the Shipment (departure and receipt addresses), the required delivery time intervals, the Sender and the Recipient (with contact details), the type of Shipment, dimensions and weight of the Shipment, its content and external appearance (photo), and other information requested in the respective form of the Request in the Software must be indicated. The content of the Shipment must not contradict the current legislation of the countries in which delivery is carried out;
4.17. The User, for the purposes of using the Software, places a Request in any of the ways provided by this Agreement and the interface of the Software.
4.18. During the process of placing a Request, its cost is calculated based on the rate offered by the fellow traveler for their services and displayed in the Software until the moment of its placement. By placing a Request, the User agrees to its cost, calculated taking into account the rate offered by the fellow traveler for their services.
4.19. During the process of placing a Request, the User indicates their mobile phone contact number, which is confirmed by sending an SMS message or through available messengers to the user.
4.20. In the Personal Account, the User implements the acquired right to use the Mobile Application, including making non-cash payments for Requests and Inquiries, tracking the status of the execution of Requests and Inquiries, receiving information about all previously submitted Requests and directed Inquiries. If the User specifies the trade name or designation of the Sender or Recipient when placing a Request or directing an Inquiry, by performing such actions, the User confirms and guarantees that they have all the rights and consents to use the results of intellectual activity and means of individualization (trade names, symbols, etc.) that they indicate in the respective column of the Request form; does not violate any third-party rights in connection with such mention; does not use vocabulary/symbols/phrases/words/hidden meanings, as well as other combinations, which could offend or humiliate honor and dignity; does not use information, including but not limited to: mention of organizations prohibited for distribution in the territory of Russia, propaganda of homosexuality, information containing pornographic meaning, as well as other information that is prohibited for distribution and mention by the legislation of the Russian Federation; does not use a combination(-s) that could cause propaganda or agitation, inciting social, racial, national, or religious hatred and enmity; is fully capable/competent and aware of the consequences for violations of the expressed consent; does not unlawfully use the data of a person who has not expressed consent in their indication; does not violate the current legislation of Russia by such mention. For violations arising from violations under this paragraph, the User bears responsibility and is obliged to compensate any types of losses to the Company.
4.21. After the User places a Request, its processing by the Software may be accepted by the Software.
4.22. Based on the results of the review of the Request, the User is sent an automatic offer for its acceptance or refusal to place the Request. In each case of acceptance or refusal to accept the Request, the User receives a notification through the Software or by email, or SMS message, or in the Personal Account, or through a messenger, or through a call from the operator.
4.23. The User may be denied acceptance of a Request if the Request is incorrect, if the Request specifies an incorrect address of the Recipient or Sender, phone or other details, not allowing the execution of the Request, or if the delivery address in the Request does not match the agreed geography of delivery, as well as in other cases, not allowing proper and in the interests of the User, the execution of the purpose of the Request.
4.24. After the acceptance of the Request by the Software, the Request acquires the status of placed and, in most cases, is addressed to an undefined circle of fellow travelers. Depending on the conditions of the Request, special requirements may be imposed on the fellow traveler in order to comply with the conditions specified in it.
4.25. The User confirms that the Company does not have any rights, obligations, legal relations with Users and third parties regarding the ownership, use, and disposal of the Shipment, does not carry out a fact of intra-territorial inspection of the Shipment and verification of the authenticity of the data specified in the Request, with the subject of the shipment.
4.26. After the fellow traveler and the Sender agree on the possibility of delivering the Shipment, the fellow traveler and the Sender independently determine the order and conditions of delivery of the said shipment to the Recipient without involving the Company.
4.27. The Sender is obliged to visually familiarize the fellow traveler with the content of the Shipment directly before its dispatch, as well as upload photographs of the content of the Shipment to the application.
4.28. The fellow traveler is obliged to visually familiarize the Recipient with the content of the delivered Shipment before handing it over, as well as upload photographs of the content of the Shipment to the application. The Company recommends that the fellow traveler also record the content of the Shipment, the moment of its transfer to the Recipient, and keep the specified video recording.
4.29. The User has the right to make changes to the Request until the moment of its execution.
4.30. The User unconditionally agrees that making changes to the Request may lead to the appointment of another fellow traveler and/or change the cost of the Request.
4.31. The User has the right to withdraw the Request until the moment the fellow traveler has started its execution. In case of a late withdrawal of the Request, the User is obliged to pay the Company the cost for the late withdrawal of the Request in the amount of the full cost of the request.
4.32. The fellow traveler is obliged to pick up the Shipment from the Sender and deliver it to the Recipient in accordance with the information specified in the Request. If the Sender does not hand over the Shipment to the fellow traveler within 10 (ten) minutes from the arrival of the fellow traveler at the address specified in the Request, within the specified period of time for picking up the Shipment, then the responsibility for the unperformed services of the fellow traveler is assumed.
4.33. In case it is impossible to pick up the Shipment for any reason, including in connection with the absence of the Sender at the place and/or time specified in the Request, not handing over the Shipment by the Sender to the fellow traveler, as well as in case of late withdrawal of the Request by the User, or for any other reason not depending on the fellow traveler, the fellow traveler notifies the User about this using the contact details available to them.
4.34. Loading/unloading of the Shipment may be one of the additional services of the fellow traveler and must be specified in the Request in advance if the Sender needs it.
4.35. In case of execution of the Request using a motor vehicle, the fellow traveler is obliged to provide a serviceable motor vehicle suitable for delivery of the respective Shipment with the appropriate dimensions and load capacity, and to carry out the delivery of the Shipment in accordance with the information specified in the Request.
4.36. The User bears full responsibility for the content of the Request placed by them in the Mobile Application.
4.37. The User guarantees the accuracy and authenticity of the information specified in the Request.
4.38. The User consents to the Company independently determining the criteria by which the place of placement of the User's Request among the Announcements of other Users will be selected, except in cases of providing paid services by the Company for promoting the Request, or another special order for placing the User's Request.
4.39. The Sender understands and agrees that a request placed in the Mobile Application may not be accepted for execution by the fellow traveler, its conditions and other information by the Request are not an obligation of performance on the part of the Company.
4.40. After the delivery of the Shipment and verification of its content by the Recipient, the Sender and the fellow traveler confirm the fact of delivery through the Mobile Application by posting the respective information in it.
4.41. Upon confirmation of delivery, the Sender and the fellow traveler rate each other on a five-point scale in the Mobile Application. In case of placing a Request through the services of the Company's operator, the Company independently rates the Users taking into account the available information. The above rating does not affect the reputational indicator of the Users and does not limit their rights established by this Agreement and applicable law. Based on the ratings received by the Sender and the fellow traveler, weighted average ratings of the Sender and the fellow traveler are formed, which show the level of reliability of the User (level of trust in them).
5. FINANCIAL RELATIONSHIPS
5.1. The fellow traveler is obliged, according to the Request placed by the User using the Software, to provide delivery services to the address specified by the User and hand over the Shipment to the Recipient, while the User is obliged to pay the cost of the Request, which includes the Company's commission of not less than 25 percent, the fellow traveler's reward for accepting and fulfilling the request (hereinafter referred to as "Reward"), and the commission of the Payment System, which can be calculated using the "Safe Transaction" service, in accordance with the terms of this Agreement.
5.1.1 To pay for the Company's services, the User must enter information and details regarding the bank card or account from which funds will be deducted for the payment of the Request's cost into their Account (in the Mobile Application).
5.1.2 The fellow traveler confirms their desire to conclude and execute this Agreement using the "Safe Transaction" service by pressing the corresponding button in the Mobile Application.
5.1.3 By confirming their desire to conclude and execute this Agreement using the "Safe Transaction" service, the Company redirects the fellow traveler to the Payment System's website, where the fellow traveler provides information about their bank card number to transfer the Reward to them.
5.1.4 The User also consents to conclude and execute this Agreement using the "Safe Transaction" service by pressing the corresponding button, after which the Company redirects the User to the Payment System's website to enter information about their bank card number to pay the cost of the Request.
5.1.5 The User also consents that the bank card specified during the Request placement will subsequently be used for refunds by the Payment System without entering the bank card's authorization data.
5.1.6 The User also consents that after transferring the information about their bank card number to pay the cost of the Request, they authorize the deduction of funds from their bank card, the crediting of the Reward to the fellow traveler's bank card, the transfer of the commission to the Company, or the refund of funds to the User's bank card.
5.1.7 The User agrees that the Payment System deducts the cost of the Request from their card, which includes the fellow traveler's Reward calculated using the Software, the Payment System's commission, and the Company's commission.
5.1.8 The fellow traveler independently pays all necessary taxes, fees, and contributions due in connection with the conclusion of this Agreement, in accordance with the legislation of the Russian Federation and bears the corresponding risks and responsibilities in case of their non-payment.
5.1.9 The Company, in accordance with the Agreement, receives from the User and the fellow traveler proof of the execution of this Agreement, which is the fellow traveler's proper fulfillment of obligations under the Request, and provides the Payment System with information about the possibility of transferring the Reward to the fellow traveler. Evidence of fulfilling the terms of the Request by the Users are actions they perform by pressing corresponding buttons in the Mobile Application, confirming proper delivery by the fellow traveler and acceptance of the Shipment by the Recipient. In the case of a User placing a request on the website, evidence of fulfilling its terms are consents obtained by the Company's Operator using telephone or other communication means.
5.1.10 After receiving confirmation from the Company of the execution of the Agreement, the Payment System credits the amount deducted from the User's bank card as Reward to the fellow traveler, according to the terms of this Agreement.
5.1.11 The fellow traveler and User agree that the Company's Commission, according to the Agreement, is paid by the User. The User makes payment to the Company, part of which includes the commission for the Company's services and the amount of the User's financial obligation to the fellow traveler for payment of the Reward for the services provided.
5.1.12 The Payment System's commission for carrying out the transaction to transfer funds is deducted from the User, according to the Payment System's Tariff, indicated on the Payment System's website.
5.2. Additional functions of the Mobile Application allow forming a cash receipt in automatic mode and sending it to the payer of services using the last provided details.
5.3. The Software functions when placing a Request give the User the option to choose a cash payment method for the Request or a payment method using electronic payment means.
5.4. The User, having used the cash form of payment for the Request, after its acceptance by the fellow traveler, enters into direct legal relations with the fellow traveler, and this service agreement subsequently does not extend its effect on the parties. The User and the fellow traveler are obliged to separately formalize a service agreement when using the cash form of payment.
5.5. In case of a cash payment method for the Request, the users themselves bear responsibility for the performance, improper performance, or non-performance of obligations towards each other.
5.6. When using electronic payment means to pay for the Request, the User and fellow traveler electronically accept the Company's Offer and the terms of the Payment System used by the Company.
5.7. All amounts of rewards or other payments received by the fellow traveler in connection with the fulfillment of the Request, paid in cash as well as using electronic payment means, are subject to income tax according to paragraph 1 of Article 228 of the Tax Code of the Russian Federation, which is paid independently by such a fellow traveler. All amounts of the Reward and other payments received by the fellow traveler, who has the status of a tax payer on professional income, in connection with the fulfillment of the Request, are subject to professional income tax, paid independently by the fellow traveler.
The conditions of the Software's operation, as a result of its automatic functioning, implement a payment function, which belongs to the main functions of the Software, ensuring the possibility of functioning of the Software and the execution of Requests. The Company has the right to transfer payments to the fellow traveler in an amount established by the Company individually for each fellow traveler for the purpose of rewarding.
5.7.1. The source of such payment is the Company.
5.8. The Users agree that, acting as the Sender, they are obliged to pay the reward for the Company's services at the moment of confirmation of acceptance for execution of their Requests by the fellow traveler.
5.9. The size of the Company's reward is determined in Russian rubles or foreign currency (hereinafter referred to as "Currency") according to the Company's tariffs, effective on the day of providing services. In case it is necessary for the Company to pay VAT in the state where the service is provided, the amount of the Company's reward increases by the amount of VAT at the rate of that state. The state where the service is provided is determined by the bank account from which the payment is made.
5.10. Accepting the Sender's Request for execution, the fellow traveler is obliged to indicate the cost of their services for its fulfillment. The cost of services indicated by the fellow traveler is fixed by the Mobile Application.
5.11. The User agrees that the Company is not a party in the relations between the Sender and the fellow traveler. For preventive purposes, the Company recommends recording all terms of the Shipment delivery in the respective interface, as well as in messages in the Mobile Application.
5.12. Users are obliged independently and under their responsibility to organize the fulfillment of their tax obligations, compliance with the requirements of the legislation regulating entrepreneurial activity (in case of corresponding relations between the User and the state) and other legislative requirements, as well as obligations towards the Company and third parties.
6. CANCELLATION OF REQUEST
6.1. The Sender has the right to cancel the Request they have placed, but the fee paid to the Company is not refundable.
6.2. The fellow traveler has the right to refuse to fulfill the Sender's Request one day before the departure date specified in it.
6.3. The fellow traveler has the right to refuse to execute the Request if the actual conditions of its fulfillment do not correspond to those specified at the time of placement, or if informed by the Sender or Recipient, or if the Shipment does not match the description in the Request, or if the Shipment contains, as well as if the fellow traveler has reason to believe that the Shipment contains items prohibited for delivery and handling. In such a case, the Company retains 100% (one hundred percent) of the cost of the Request.
7. RIGHTS AND OBLIGATIONS OF THE COMPANY
7.1. The Company's obligations are solely to ensure that the User can receive the Company's Services in the manner specified in the Agreement.
7.2. The Company reserves the right at its discretion to change or delete any information published in the Mobile Application, suspend, restrict, or terminate the User's access to the Company's Services at any time due to violation of this Agreement, applicable legislation, legal rights, and interests of the Company and third parties.
7.3. The Company has the right to modify the terms of the Agreement. Information about such changes is published by the Company on the Website and/or in the Mobile Application. The User's continued use of the Mobile Application after amendments to the Agreement signifies their agreement with such changes and/or additions.
7.4. In the event of a User violating the terms of the Agreement, the Company has the right to suspend, restrict, or terminate such a User's access to any of the Company's Services and/or the Mobile Application unilaterally at any time, for which the User bears responsibility for any potential damage or harm caused by such actions.
7.5. The Company has the right to send messages to Users, including electronic messages, containing organizational-technical, informational, or other information about the capabilities of the Mobile Application or other information about the functioning of the Mobile Application.
7.6. The Company has the right to be compensated by the User for losses incurred by the Company as a result of unlawful actions/inactions of the User.
7.7. The Company undertakes not to use the User's account details obtained during Registration for any self-serving purposes and guarantees non-disclosure of these data, except when such disclosure is required by applicable law and the terms of the Agreement.
7.8. The Company undertakes to provide the User with information support from the Company's technical support service via email specified by the User during registration in the Mobile Application, by contacting the Company's technical support service through the appropriate form in the Mobile Application. The scope of information support is limited to specific questions related to the provision of Services by the Company and the use of the Mobile Application.
7.9. The Company has the right to moderate all Requests, User Content, and at any time at its discretion to remove them from the Mobile Application without explaining the reasons.
7.10. The Company reserves the right to delete from its servers any information or materials deemed by the Company to be unacceptable, undesirable, or violating the terms of the Agreement, applicable legislation, legal rights, and interests of the Company or third parties.
- DEFINITIONS AND TERMS
The agreement (public offer) for the recommendation of fellow traveler services (hereinafter referred to as "Agreement") – is a service agreement for searching, selecting, and offering fellow traveler services, concluded in electronic format between the fellow traveler, the sender, and the Company through the use of the Mobile Application or website, including the execution of a Safe Transaction.
Fellow Traveler – a person (legal entity, individual, tax payer on professional income (self-employed), individual entrepreneur) attracted as a result of the automatic operation of the Mobile Application, intending to provide services for the delivery of shipments to the address specified by the Sender, including using transport, according to the posted Request.
Request - an instruction from the Sender or a person authorized by them to deliver a shipment using the services of a fellow traveler, properly executed using the Mobile Application or website. The request is sent to an unlimited circle of fellow travelers registered in the Mobile Application as a result of its automatic operation, which may have special requirements depending on the conditions of the Request.
Shipment - an item for delivery, accepted and inspected by the fellow traveler on request of the user, specified in the Mobile Application or on the website, meeting the requirements of this Agreement.
Sender - a person or their representative acting on behalf of the represented, who has posted a request for the delivery of a shipment in the Mobile Application or on the website, and has transferred this shipment to the address of the Recipient using the services of a fellow traveler.
Recipient - a person or their representative acting on behalf of the represented, who is to receive the shipment from the fellow traveler on request of the sender, placed in the Mobile Application or on the website.
User(s) - a person (legal entity, individual, individual entrepreneur, self-employed tax payer) using the Site or Mobile Application, who has gone through the registration process to receive Company Services.
Mobile Application - software designed to operate on smartphones, tablets, and other mobile devices, providing access to the "SkyPtoP" parcel delivery service. The application can be downloaded for free onto the user's device from online application stores such as AppStore, Google Play, etc.
Website - A web site hosted on the Internet at https://skyptop.com and is a composite object of intellectual property consisting of computer programs and other software, databases, graphic content, and other works combined to ensure the normal functioning of the website and its use for placing requests for delivery by a fellow traveler and receiving accompanying services and information. The site is an integral part of the software.
Safe Transaction - a service available on the website, provided by the payment system to ensure information-technology interaction and safe calculations under the contract concluded between the User and the Company.
https://skyptop.com/
Payment System – technology that allows accepting bank cards through the Internet, with the ability to make calculations with clients through the "Safe Transaction" system based on an offer posted on the Payment System's website.
Payment System Website – a website hosted on the Internet at https://cloudpayments.ru, on which an interface and/or card payment details input application is placed and/or available for non-cash transfer, and also contains information about the Payment System.
Authorization - granting a certain person or group of persons the rights to perform certain actions in the Mobile Application or the Company's website, as well as the process of verifying (confirming) these rights when attempting to perform these actions when gaining access to use the Mobile Application or website.
Registration - the process of granting a certain person or group of persons the rights to perform certain actions in the Mobile Application or the Company's website, as well as the process of verifying (confirming) these rights when attempting to perform these actions when gaining access to use the Mobile Application or website during the initial conclusion of user relations with the Company.
Verification - verification and confirmation of information provided by the User using the Mobile Application or Website in order to verify the User's compliance with the conditions, requirements, criteria, and standards of the Agreement by the Company.
Public Offer - the current offer of the Company, made to the User and/or an unlimited circle of Internet users to use the functional capabilities of the software and technical means of the Mobile Application and/or website with the purpose of concluding the Agreement on the terms specified in the offer.
Term of the Offer is unlimited.
Company Content - text, graphics, user interfaces designed for the User, visual interfaces, photographs, sounds, illustrative material, computer code (including html code), programs, software, products, information, and documentation that are the intellectual property of the Company and/or third parties.
User Content - text, graphics, any data in the interfaces designed for the User, visual interfaces, photographs, sounds, illustrative material, products, information, and any documentation published by the User and/or in any way distributed and/or exchanged by them through the Mobile Application.
Application Administration - authorized employees of the Company, as well as other persons duly authorized by the Company to manage the Mobile Application and provide Services to the User using the Mobile Application in accordance with the terms of this Agreement.
Rating - a numerical indicator of the User's reliability (level of trust in them). There are two types of User ratings in the Mobile Application: fellow traveler rating and sender rating.
Declared Value - the cost of the Shipment, amounting to 10% (ten percent) of the price of providing services under this agreement.
2. GENERAL PROVISIONS
2.1. The Agreement, its annexes, and other related agreements are concluded electronically through the automatic operation of the Mobile Application, with the written form of the respective documents and agreements considered observed in accordance with paragraphs 2 and 3 of Article 434 of the Civil Code of the Russian Federation.
2.2. The User accepts this Agreement entirely (unconditionally agrees to the Rules) and joins them on the respective terms by starting to use the website or Mobile Application. If the User does not agree with the Agreement, they must immediately cease using the Mobile Application and refrain from using the Company’s services.
2.3. Unilateral amendments to the Agreement and its annexes by the Company are permissible, the current version of which is posted at https://skyptop.com and becomes effective from the date of publication. Users are required to monitor updates to the Agreement independently. If the Agreement changes during the execution of a Request, the version of the Agreement in effect on the date it was made applies to the parties' relations. If the User does not agree with the changes made to the Agreement, they must immediately stop using the Mobile Application and the website.
2.4. Full and unconditional acceptance of the terms of this Public Offer also constitutes the User's consent to provide their personal data (including a copy of their identity document, residential address, phone number, etc.) through the website or mobile application and/or – consent to the processing of personal data and/or agreement with this public offer by checking the corresponding field on the website or mobile application of the Company.
2.5. The User agrees that the Company may enter into contractual relationships with third parties under any acceptable conditions for the purpose of fulfilling this Agreement or part of it or providing other services necessary for achieving the goals set by the Agreement.
2.6. The Sender or Recipient accepts the terms of this Agreement if they hand over (or accept) the Shipment specified in the request on the website or mobile application to (from) a fellow traveler on their behalf or on behalf of someone else authorized to perform this action, regardless of whether they have electronically or otherwise signed the corresponding documents to accept this public offer.
2.7. The User should be aware that if they provide unreliable or knowingly false information about the Shipment or its contents, they may be subject to claims, administrative, or criminal liability.
2.8. Payment for the services provided may be made by third parties on behalf of the User.
2.9. The Company owns the mobile application for recommending fellow traveler services for the delivery of the Sender's Shipment - "SkyPtoP". The "SkyPtoP" mobile application enables the determination of delivery terms for Shipments and organizes activity for information exchange between fellow travelers operating along their chosen route and Senders who need to deliver a Shipment to a Recipient located in the fellow traveler’s route zone. The purpose of this interaction between the fellow traveler and the Sender is the delivery of the Shipment as per the Sender’s request to the Recipient.
2.10. This Agreement is concluded between the Company and the User who expressed a desire to register in the "SkyPtoP" Mobile Application.
2.11. This Agreement is a public offer, and by accepting the conditions outlined below, the User acquires the status of a service orderer under the Agreement, agrees to fulfill the terms of this Agreement, its annexes, and appendices, which are an integral part of it.
2.12. The moment of conclusion of this Agreement between the Company and the User is considered the moment of acceptance (agreement with the terms) of the Agreement by the User at the time of registration in the Mobile Application.
2.13. Any interaction of the User with the Mobile Application (including, but not limited to: registration, verification, posting any information, transferring funds to the Company for services received, actual use of the Application, and performing other conclusive actions) also confirms the User’s unconditional agreement with all the terms of this Agreement (including its annexes and additions). Such interaction with the Mobile Application constitutes full and unconditional acceptance of this Agreement, and ignorance of its terms does not exempt the User from liability for their non-compliance.
2.14. After concluding this Agreement, the Company provides access to the functions of the Mobile Application under the terms set forth in the Agreement.
2.15. The Company reserves the right to amend the Agreement and/or withdraw it at any time at its discretion. If the Company makes changes to the Agreement, such changes take effect from the moment the modified text of the Agreement is posted on the Internet on the Website and/or in the Mobile Application unless another term for the changes to take effect is provided at such posting.
2.16. The current version of the Agreement is available on the Website and/or in the Mobile Application. Continued use of the Mobile Application (any further interaction with the Mobile Application) signifies agreement with the amendments made to the Agreement.
2.17. If the User does not agree with any terms of this Agreement and/or does not agree to adhere to the terms of this Agreement (or the new version of the Agreement), they do not have the right to use the features of the Mobile Application. The User must cease using the Mobile Application and exit it.
2.18. The Mobile Application Administration has the right at any time to deny any User registration and/or use of the Mobile Application in case of violation of the terms of this Agreement, applicable laws of the Russian Federation and other countries, and the legal rights and interests of the Company and third parties.
2.19. By entering into this Agreement, the User acknowledges, accepts, and unconditionally agrees that the Company is not a party to civil-law relationships or other types of obligations and agreements between Users, or a User and the state, exclusively performing functions provided for by this Agreement.
3. ORDER OF SERVICE PROVISION
3.1. The provision of services by the Company is available only to users who are registered in the Mobile Application and/or Website, and/or have otherwise accepted this Agreement. The services provided by the Company to the users include, but are not limited to, the following: - provision of the Mobile Application for free download from online app stores; - ensuring the operation of the Mobile Application from the moment of its download and installation until its removal from the mobile or other device; - enabling the exchange of text messages between users via the Mobile Application; - enabling the publication and viewing of announcements; - facilitating the interaction between the Sender and the fellow traveler to determine the terms of delivery of the Shipment; - ensuring information and technical interaction between users and the Application Administration.
3.2. The Company guarantees the availability of the Mobile Application and/or the provision of services around the clock.
3.3. The Company provides users with a non-exclusive and non-transferable right to use the software that ensures the operation of the Mobile Application.
3.4. The provision of services by the Company is carried out on a paid basis. The method and amount of the Company's compensation are determined by this Agreement.
3.5. Users, by starting to use the Mobile Application, join this Agreement and gain access to the main functions of the Mobile Application and the ability to submit Requests.
3.6. The main functions of the Mobile Application allow Senders to place Requests for the delivery of Shipments with the calculation of their cost, withdraw, make changes to Requests (at which the cost is recalculated), receive notifications about the acceptance of Requests by a fellow traveler, conclude contracts electronically, track the status of the execution of Requests, make payments for Requests by electronic means, send notifications and messages to the Company administration, and provide fellow travelers with the ability to independently search for and accept Requests, accept the conditions for providing services by a fellow traveler generated by the Mobile Application, accept individual Requests offered by the Mobile Application, make agreed changes, execute or refuse to execute Requests, and conclude contracts electronically with the Company, track the status of Requests, send notifications and messages to the Company administration, receive information about settlements with the Company, and use other functions of the Mobile Application.
4. TERMS AND CONDITIONS OF USING THE MOBILE APPLICATION
4.1. Registration in the Mobile Application (creation of an account). Rules for registration in the Mobile Application:
4.1.1. A person wishing to become a User must undergo a registration process on the respective page of the Mobile Application or Website. During registration in the Mobile Application, the User is required to provide true, complete, and accurate information about themselves in the registration form (profile) and periodically update it to ensure its relevance and completeness.
4.1.2. Registration and use of the Platform are allowed only for users who have reached the age of majority and full legal capacity. By creating an account in the Mobile Application, the User guarantees that they are an adult and assumes full responsibility for any adverse consequences and damages resulting from this cause.
4.1.3. From the moment of Registration in the Mobile Application and/or placing a request on the Website, and/or oral (using telephone or other communication) or written agreement to place a Request, the User consents to the Company's use of the User's personal data provided during Registration, Authorization, sending to the Company through email, messengers (WhatsApp, Viber, Telegram, others) and other means of communication and information exchange, for processing and storing to ensure the operation of the Mobile Application, as well as for information service of the User. The method and conditions of using the User's personal data are determined by the Privacy Policy (Annex No. 1), which is an integral part of this Agreement.
4.1.4. The User agrees that actions performed in the Mobile Application after the User's Authorization and Registration are considered actions of the User. The User bears full responsibility in accordance with this Agreement and applicable law for any actions performed using their account, as well as for any consequences that may have caused or caused by its use.
4.1.5. By registering, the User agrees to receive informational messages to the phone number provided at registration. The User agrees to receive advertising material addressed to them by the Company. In case of disagreement, the User must send a written notification to the Company requesting the cessation of sending advertising or other relevant information to their address.
4.1.6. The User is fully responsible for all actions performed in the Mobile Application under their account. The User must immediately notify the Company of any actions known to them, cases of access to the Mobile Application by third parties under the User's account. The Company is not responsible in case of violation of the User's rights by third parties who have gained unauthorized access to the User's Mobile Application.
4.1.7. The User is responsible for observing the rights (material and non-material) of third parties regarding information transmitted (provided) to the Company during the User's registration, during the use of the Mobile Application, and when receiving the Company's services. The User independently assesses the legality of their use of the Mobile Application and the services provided by the Company, including from the point of view of applicable law.
4.1.8. It is prohibited for the User to post in the Mobile Application information that violates legally protected property and/or personal non-property rights and legal interests of the Company or third parties, infringes on their honor and dignity; contains indecent or offensive character; violates the copyright and related rights of third parties; contains information the dissemination of which is prohibited or restricted by applicable law; about shipments whose content is prohibited from circulation (restricted to circulation without observing the relevant conditions) in accordance with applicable law; about shipments whose content is included in the list of items prohibited for mailing using the SkyPtoP application; or in any other way violates applicable law.
The Application Administration has the right at any time to delete an account, any review, message, announcement, content posted in the Mobile Application that does not meet the requirements of this Agreement.
4.2. Verification and conditions for forming and executing a Request:
4.2.1. The Company has the right to use a system to verify (verification) part of the information provided by the User. This action is necessary to increase trust, prevent or detect fraud by the User for the purpose of safe use of the Mobile Application.
4.2.2. The User consents that any User data posted in the Mobile Application is accurate and may undergo a verification procedure. At the same time, the Company does not guarantee the accuracy and reliability of such information.
4.3. Publication of a Request and processing of a Shipment:
4.3.1. The User is provided access to the function of publishing a Request. The function of publishing a Request implies the possibility for the User to post Requests in the Mobile Application, available for review by all users.
4.3.2. The Application Administration has the right at any time to delete a Request that does not meet the requirements of this Agreement.
4.3.3. A User who violates the terms of the Agreement may have their access to the Mobile Application restricted on a permanent or temporary basis.
4.3.4. As a result of the verification by the Software of the Request, it is posted and sent to an unlimited circle of fellow travelers registered in the Mobile Application. Depending on the Request, this circle may be limited by the software to comply with the conditions stated in the Request.
4.3.5. A posted Request is displayed in the fellow traveler's Mobile Application along with its main parameters. If a fellow traveler agrees with all the conditions of the Request, they have the opportunity to accept it for execution by pressing the corresponding button in the Mobile Application. At the moment of acceptance of the Request formulated by the Sender, the legal relationship for the execution of the delivery conditions is considered concluded between the fellow traveler and the Sender.
4.3.6. After a Request is accepted by a fellow traveler, they perform acceptance of the offer with simultaneous acceptance of the conditions of the Request, which is notified to the Sender by sending a corresponding notification via email, or through the Personal Account, or via an SMS message with the contact details of the fellow traveler. At the moment of acceptance by the fellow traveler of the Request, the contract for the provision of services by the fellow traveler is considered concluded electronically on the terms provided by the corresponding Agreement.
4.3.7. To access Requests, the fellow traveler uses the Mobile Application.
4.4. Users of the mobile application or website, by accepting this offer, confirm that the real cost of the transmitted/received/accepted for delivery Shipment corresponds to the declared value, i.e., amounting to 10% (ten percent) of the amount paid by the User for the service.
4.5. Users confirm that in the event of various types of disputes regarding the determination of the cost of the Shipment, compensation for damages related to disputes concerning the Shipment, in the presence of fault established by the legislation of the Russian Federation of the Company, the amount of the Company's liability cannot exceed the declared value of the shipment.
4.6. The User, by accepting this offer, confirms that in case of disagreement with the terms of the Agreement, individual provisions of the Agreement, annexes, including the terms of the declared value of the shipment, is obliged to notify the Company in writing for the purpose of determining by the Company the presence or absence of the possibility of making the corresponding changes, or to refrain from using the services of the Company.
4.7. By accepting the offer, users are warned and agree with the prohibition of executing a request without declaring the value of the shipment.
4.8. The declared value may be changed by agreement of the parties based on the submission to the Company of a written statement by the Sender with the attachment of the original documents, the list of which is formed and requested at the discretion of the Company individually for each shipment.
4.9. The User, in case of damage, loss, shortage of the Shipment, or other improper performance of obligations by the fellow traveler and with compliance with the conditions provided by the Agreement, in case of proven fault of the Company, has the right to receive the declared value of the Shipment or compensation for the damage caused, in an amount not exceeding the specified Declared Value (depending on the degree of damage, or loss of the Shipment, or the amount of damage caused.
4.10. In the event of loss, shortage, damage, or other improper performance of obligations by the fellow traveler, the Company has the right to compensate the Declared Value of such Shipment (in full or in part due to the actual damage caused), based on the Claim of such User and subject to its satisfaction, in accordance with Article 313 of the Civil Code of the Russian Federation.
4.11. In case the Recipient refused to accept the Shipment or the absence of the Recipient at the specified address, the fellow traveler returns the Shipment to the Sender or to a person designated by them, in accordance with the previously submitted Request, and the Sender is obliged to pay for the return route (return of the shipment) at the cost of providing services by the Company as if forming a new Request. The conditions, cost, and methods of returning the Shipment to the Sender are determined by the Company independently, in the absence of properly executed instructions on this fact from the Sender.
4.12. In case of the Sender's refusal to return the Shipment to their address, in the event of circumstances specified in paragraph 4.11 of the Agreement, in the absence of instructions from the Sender regarding the further fate of the Shipment, the Company has the right to determine further actions with the Shipment at its own discretion. All costs incurred by decisions about the further fate of the Shipment the Company has the right to recover from the Sender. The Sender confirms that in the event of circumstances specified in paragraph 4.12 of the Agreement, they bear full responsibility for the safety and fate of the Shipment.
4.13. In the event of controversial situations at the time of delivery, the parties to the Agreement determined that the fellow traveler acts in the interests of the Recipient without a mandate (Article 980 of the Civil Code of the Russian Federation);
4.14. In case of the Recipient's refusal to accept the Shipment, the services of the fellow traveler and the Company are considered to be properly provided.
4.15. In case the User refuses the Company's services after accepting the request, the latter is obliged to compensate the Company for the actually incurred expenses.
4.16. The Company reserves the right to change and supplement the functions of the Software.
4.16. The User may publish a Request in the Mobile Application only under the conditions set out below. When placing a Request by the User, the coordinates of the delivery route of the Shipment (departure and receipt addresses), the required delivery time intervals, the Sender and the Recipient (with contact details), the type of Shipment, dimensions and weight of the Shipment, its content and external appearance (photo), and other information requested in the respective form of the Request in the Software must be indicated. The content of the Shipment must not contradict the current legislation of the countries in which delivery is carried out;
4.17. The User, for the purposes of using the Software, places a Request in any of the ways provided by this Agreement and the interface of the Software.
4.18. During the process of placing a Request, its cost is calculated based on the rate offered by the fellow traveler for their services and displayed in the Software until the moment of its placement. By placing a Request, the User agrees to its cost, calculated taking into account the rate offered by the fellow traveler for their services.
4.19. During the process of placing a Request, the User indicates their mobile phone contact number, which is confirmed by sending an SMS message or through available messengers to the user.
4.20. In the Personal Account, the User implements the acquired right to use the Mobile Application, including making non-cash payments for Requests and Inquiries, tracking the status of the execution of Requests and Inquiries, receiving information about all previously submitted Requests and directed Inquiries. If the User specifies the trade name or designation of the Sender or Recipient when placing a Request or directing an Inquiry, by performing such actions, the User confirms and guarantees that they have all the rights and consents to use the results of intellectual activity and means of individualization (trade names, symbols, etc.) that they indicate in the respective column of the Request form; does not violate any third-party rights in connection with such mention; does not use vocabulary/symbols/phrases/words/hidden meanings, as well as other combinations, which could offend or humiliate honor and dignity; does not use information, including but not limited to: mention of organizations prohibited for distribution in the territory of Russia, propaganda of homosexuality, information containing pornographic meaning, as well as other information that is prohibited for distribution and mention by the legislation of the Russian Federation; does not use a combination(-s) that could cause propaganda or agitation, inciting social, racial, national, or religious hatred and enmity; is fully capable/competent and aware of the consequences for violations of the expressed consent; does not unlawfully use the data of a person who has not expressed consent in their indication; does not violate the current legislation of Russia by such mention. For violations arising from violations under this paragraph, the User bears responsibility and is obliged to compensate any types of losses to the Company.
4.21. After the User places a Request, its processing by the Software may be accepted by the Software.
4.22. Based on the results of the review of the Request, the User is sent an automatic offer for its acceptance or refusal to place the Request. In each case of acceptance or refusal to accept the Request, the User receives a notification through the Software or by email, or SMS message, or in the Personal Account, or through a messenger, or through a call from the operator.
4.23. The User may be denied acceptance of a Request if the Request is incorrect, if the Request specifies an incorrect address of the Recipient or Sender, phone or other details, not allowing the execution of the Request, or if the delivery address in the Request does not match the agreed geography of delivery, as well as in other cases, not allowing proper and in the interests of the User, the execution of the purpose of the Request.
4.24. After the acceptance of the Request by the Software, the Request acquires the status of placed and, in most cases, is addressed to an undefined circle of fellow travelers. Depending on the conditions of the Request, special requirements may be imposed on the fellow traveler in order to comply with the conditions specified in it.
4.25. The User confirms that the Company does not have any rights, obligations, legal relations with Users and third parties regarding the ownership, use, and disposal of the Shipment, does not carry out a fact of intra-territorial inspection of the Shipment and verification of the authenticity of the data specified in the Request, with the subject of the shipment.
4.26. After the fellow traveler and the Sender agree on the possibility of delivering the Shipment, the fellow traveler and the Sender independently determine the order and conditions of delivery of the said shipment to the Recipient without involving the Company.
4.27. The Sender is obliged to visually familiarize the fellow traveler with the content of the Shipment directly before its dispatch, as well as upload photographs of the content of the Shipment to the application.
4.28. The fellow traveler is obliged to visually familiarize the Recipient with the content of the delivered Shipment before handing it over, as well as upload photographs of the content of the Shipment to the application. The Company recommends that the fellow traveler also record the content of the Shipment, the moment of its transfer to the Recipient, and keep the specified video recording.
4.29. The User has the right to make changes to the Request until the moment of its execution.
4.30. The User unconditionally agrees that making changes to the Request may lead to the appointment of another fellow traveler and/or change the cost of the Request.
4.31. The User has the right to withdraw the Request until the moment the fellow traveler has started its execution. In case of a late withdrawal of the Request, the User is obliged to pay the Company the cost for the late withdrawal of the Request in the amount of the full cost of the request.
4.32. The fellow traveler is obliged to pick up the Shipment from the Sender and deliver it to the Recipient in accordance with the information specified in the Request. If the Sender does not hand over the Shipment to the fellow traveler within 10 (ten) minutes from the arrival of the fellow traveler at the address specified in the Request, within the specified period of time for picking up the Shipment, then the responsibility for the unperformed services of the fellow traveler is assumed.
4.33. In case it is impossible to pick up the Shipment for any reason, including in connection with the absence of the Sender at the place and/or time specified in the Request, not handing over the Shipment by the Sender to the fellow traveler, as well as in case of late withdrawal of the Request by the User, or for any other reason not depending on the fellow traveler, the fellow traveler notifies the User about this using the contact details available to them.
4.34. Loading/unloading of the Shipment may be one of the additional services of the fellow traveler and must be specified in the Request in advance if the Sender needs it.
4.35. In case of execution of the Request using a motor vehicle, the fellow traveler is obliged to provide a serviceable motor vehicle suitable for delivery of the respective Shipment with the appropriate dimensions and load capacity, and to carry out the delivery of the Shipment in accordance with the information specified in the Request.
4.36. The User bears full responsibility for the content of the Request placed by them in the Mobile Application.
4.37. The User guarantees the accuracy and authenticity of the information specified in the Request.
4.38. The User consents to the Company independently determining the criteria by which the place of placement of the User's Request among the Announcements of other Users will be selected, except in cases of providing paid services by the Company for promoting the Request, or another special order for placing the User's Request.
4.39. The Sender understands and agrees that a request placed in the Mobile Application may not be accepted for execution by the fellow traveler, its conditions and other information by the Request are not an obligation of performance on the part of the Company.
4.40. After the delivery of the Shipment and verification of its content by the Recipient, the Sender and the fellow traveler confirm the fact of delivery through the Mobile Application by posting the respective information in it.
4.41. Upon confirmation of delivery, the Sender and the fellow traveler rate each other on a five-point scale in the Mobile Application. In case of placing a Request through the services of the Company's operator, the Company independently rates the Users taking into account the available information. The above rating does not affect the reputational indicator of the Users and does not limit their rights established by this Agreement and applicable law. Based on the ratings received by the Sender and the fellow traveler, weighted average ratings of the Sender and the fellow traveler are formed, which show the level of reliability of the User (level of trust in them).
5. FINANCIAL RELATIONSHIPS
5.1. The fellow traveler is obliged, according to the Request placed by the User using the Software, to provide delivery services to the address specified by the User and hand over the Shipment to the Recipient, while the User is obliged to pay the cost of the Request, which includes the Company's commission of not less than 25 percent, the fellow traveler's reward for accepting and fulfilling the request (hereinafter referred to as "Reward"), and the commission of the Payment System, which can be calculated using the "Safe Transaction" service, in accordance with the terms of this Agreement.
5.1.1 To pay for the Company's services, the User must enter information and details regarding the bank card or account from which funds will be deducted for the payment of the Request's cost into their Account (in the Mobile Application).
5.1.2 The fellow traveler confirms their desire to conclude and execute this Agreement using the "Safe Transaction" service by pressing the corresponding button in the Mobile Application.
5.1.3 By confirming their desire to conclude and execute this Agreement using the "Safe Transaction" service, the Company redirects the fellow traveler to the Payment System's website, where the fellow traveler provides information about their bank card number to transfer the Reward to them.
5.1.4 The User also consents to conclude and execute this Agreement using the "Safe Transaction" service by pressing the corresponding button, after which the Company redirects the User to the Payment System's website to enter information about their bank card number to pay the cost of the Request.
5.1.5 The User also consents that the bank card specified during the Request placement will subsequently be used for refunds by the Payment System without entering the bank card's authorization data.
5.1.6 The User also consents that after transferring the information about their bank card number to pay the cost of the Request, they authorize the deduction of funds from their bank card, the crediting of the Reward to the fellow traveler's bank card, the transfer of the commission to the Company, or the refund of funds to the User's bank card.
5.1.7 The User agrees that the Payment System deducts the cost of the Request from their card, which includes the fellow traveler's Reward calculated using the Software, the Payment System's commission, and the Company's commission.
5.1.8 The fellow traveler independently pays all necessary taxes, fees, and contributions due in connection with the conclusion of this Agreement, in accordance with the legislation of the Russian Federation and bears the corresponding risks and responsibilities in case of their non-payment.
5.1.9 The Company, in accordance with the Agreement, receives from the User and the fellow traveler proof of the execution of this Agreement, which is the fellow traveler's proper fulfillment of obligations under the Request, and provides the Payment System with information about the possibility of transferring the Reward to the fellow traveler. Evidence of fulfilling the terms of the Request by the Users are actions they perform by pressing corresponding buttons in the Mobile Application, confirming proper delivery by the fellow traveler and acceptance of the Shipment by the Recipient. In the case of a User placing a request on the website, evidence of fulfilling its terms are consents obtained by the Company's Operator using telephone or other communication means.
5.1.10 After receiving confirmation from the Company of the execution of the Agreement, the Payment System credits the amount deducted from the User's bank card as Reward to the fellow traveler, according to the terms of this Agreement.
5.1.11 The fellow traveler and User agree that the Company's Commission, according to the Agreement, is paid by the User. The User makes payment to the Company, part of which includes the commission for the Company's services and the amount of the User's financial obligation to the fellow traveler for payment of the Reward for the services provided.
5.1.12 The Payment System's commission for carrying out the transaction to transfer funds is deducted from the User, according to the Payment System's Tariff, indicated on the Payment System's website.
5.2. Additional functions of the Mobile Application allow forming a cash receipt in automatic mode and sending it to the payer of services using the last provided details.
5.3. The Software functions when placing a Request give the User the option to choose a cash payment method for the Request or a payment method using electronic payment means.
5.4. The User, having used the cash form of payment for the Request, after its acceptance by the fellow traveler, enters into direct legal relations with the fellow traveler, and this service agreement subsequently does not extend its effect on the parties. The User and the fellow traveler are obliged to separately formalize a service agreement when using the cash form of payment.
5.5. In case of a cash payment method for the Request, the users themselves bear responsibility for the performance, improper performance, or non-performance of obligations towards each other.
5.6. When using electronic payment means to pay for the Request, the User and fellow traveler electronically accept the Company's Offer and the terms of the Payment System used by the Company.
5.7. All amounts of rewards or other payments received by the fellow traveler in connection with the fulfillment of the Request, paid in cash as well as using electronic payment means, are subject to income tax according to paragraph 1 of Article 228 of the Tax Code of the Russian Federation, which is paid independently by such a fellow traveler. All amounts of the Reward and other payments received by the fellow traveler, who has the status of a tax payer on professional income, in connection with the fulfillment of the Request, are subject to professional income tax, paid independently by the fellow traveler.
The conditions of the Software's operation, as a result of its automatic functioning, implement a payment function, which belongs to the main functions of the Software, ensuring the possibility of functioning of the Software and the execution of Requests. The Company has the right to transfer payments to the fellow traveler in an amount established by the Company individually for each fellow traveler for the purpose of rewarding.
5.7.1. The source of such payment is the Company.
5.8. The Users agree that, acting as the Sender, they are obliged to pay the reward for the Company's services at the moment of confirmation of acceptance for execution of their Requests by the fellow traveler.
5.9. The size of the Company's reward is determined in Russian rubles or foreign currency (hereinafter referred to as "Currency") according to the Company's tariffs, effective on the day of providing services. In case it is necessary for the Company to pay VAT in the state where the service is provided, the amount of the Company's reward increases by the amount of VAT at the rate of that state. The state where the service is provided is determined by the bank account from which the payment is made.
5.10. Accepting the Sender's Request for execution, the fellow traveler is obliged to indicate the cost of their services for its fulfillment. The cost of services indicated by the fellow traveler is fixed by the Mobile Application.
5.11. The User agrees that the Company is not a party in the relations between the Sender and the fellow traveler. For preventive purposes, the Company recommends recording all terms of the Shipment delivery in the respective interface, as well as in messages in the Mobile Application.
5.12. Users are obliged independently and under their responsibility to organize the fulfillment of their tax obligations, compliance with the requirements of the legislation regulating entrepreneurial activity (in case of corresponding relations between the User and the state) and other legislative requirements, as well as obligations towards the Company and third parties.
6. CANCELLATION OF REQUEST
6.1. The Sender has the right to cancel the Request they have placed, but the fee paid to the Company is not refundable.
6.2. The fellow traveler has the right to refuse to fulfill the Sender's Request one day before the departure date specified in it.
6.3. The fellow traveler has the right to refuse to execute the Request if the actual conditions of its fulfillment do not correspond to those specified at the time of placement, or if informed by the Sender or Recipient, or if the Shipment does not match the description in the Request, or if the Shipment contains, as well as if the fellow traveler has reason to believe that the Shipment contains items prohibited for delivery and handling. In such a case, the Company retains 100% (one hundred percent) of the cost of the Request.
7. RIGHTS AND OBLIGATIONS OF THE COMPANY
7.1. The Company's obligations are solely to ensure that the User can receive the Company's Services in the manner specified in the Agreement.
7.2. The Company reserves the right at its discretion to change or delete any information published in the Mobile Application, suspend, restrict, or terminate the User's access to the Company's Services at any time due to violation of this Agreement, applicable legislation, legal rights, and interests of the Company and third parties.
7.3. The Company has the right to modify the terms of the Agreement. Information about such changes is published by the Company on the Website and/or in the Mobile Application. The User's continued use of the Mobile Application after amendments to the Agreement signifies their agreement with such changes and/or additions.
7.4. In the event of a User violating the terms of the Agreement, the Company has the right to suspend, restrict, or terminate such a User's access to any of the Company's Services and/or the Mobile Application unilaterally at any time, for which the User bears responsibility for any potential damage or harm caused by such actions.
7.5. The Company has the right to send messages to Users, including electronic messages, containing organizational-technical, informational, or other information about the capabilities of the Mobile Application or other information about the functioning of the Mobile Application.
7.6. The Company has the right to be compensated by the User for losses incurred by the Company as a result of unlawful actions/inactions of the User.
7.7. The Company undertakes not to use the User's account details obtained during Registration for any self-serving purposes and guarantees non-disclosure of these data, except when such disclosure is required by applicable law and the terms of the Agreement.
7.8. The Company undertakes to provide the User with information support from the Company's technical support service via email specified by the User during registration in the Mobile Application, by contacting the Company's technical support service through the appropriate form in the Mobile Application. The scope of information support is limited to specific questions related to the provision of Services by the Company and the use of the Mobile Application.
7.9. The Company has the right to moderate all Requests, User Content, and at any time at its discretion to remove them from the Mobile Application without explaining the reasons.
7.10. The Company reserves the right to delete from its servers any information or materials deemed by the Company to be unacceptable, undesirable, or violating the terms of the Agreement, applicable legislation, legal rights, and interests of the Company or third parties.
8. RIGHTS AND OBLIGATIONS OF THE USER
8.1. The User is obligated to comply with the terms of the Agreement and its annexes, as well as to pay for the Services provided to them in the order and on the terms provided by the terms of the Agreement and its annexes.
8.2. The User is obligated to independently familiarize themselves with the information about the terms of the Company's Services and their cost.
8.3. When using the Mobile Application, the User must comply with the applicable legislation, including tax laws and laws regulating entrepreneurial activities (in case of corresponding relations between the User and the state).
8.4. The User has the right to receive Services in accordance with the terms of the Agreement.
8.5. The User has the right to contact the Company's support service through the appropriate form in the Mobile Application of the Company's technical support service.
8.6. The User is obligated to use the Mobile Application only for lawful purposes, comply with applicable legislation, and respect the rights and legal interests of the Company and third parties.
8.7. The User must not engage in actions aimed at destabilizing the operation of the Mobile Application, attempting unauthorized access to the Mobile Application, or any other actions that infringe on the rights of the Company and/or third parties.
8.8. The User must not violate, block, or otherwise harm the security of the Mobile Application.
8.9. The User undertakes not to use the Mobile Application to carry out actions aimed at undermining network security and violating any software and technical means connected to the Internet network, as well as carrying out network attacks on any resources accessible through the Internet, including the Company's software and technical means, but not limited to them.
8.10. The User must not take actions aimed at gaining access to someone else's account by guessing passwords, unauthorized interference, or any other similar actions.
8.11. The User is obliged not to place Requests in the Mobile Application that violate the terms of this Agreement or applicable legislation.
8.12. The User is fully responsible for interacting with the fellow traveler and Recipient regarding informing them about the Shipment (including its consumer properties, characteristics, methods, conditions, and delivery options, etc.), delivery time, and other conditions. The User is responsible to the Company and the fellow traveler for the completeness and accuracy of information about the Sender, Recipient, and the Shipment to be delivered.
8.13. The User gives immediate consent not to deliver Shipments containing the following:
8.14. The User must provide true and complete information about the content of the Shipment in the Request and ensure its transfer to the fellow traveler in packaging corresponding to the nature of the inclusion, delivery conditions, excluding the possibility of damaging the inclusion during handling and delivery, access to it and its content without breaking the shell, spoiling other Shipments, or causing any harm to the fellow traveler.
8.15. Users independently determine the type, order, and conditions of formalizing legal relations for the delivery of the Shipment between themselves and bear full responsibility to each other for this fact. The Company is not a participant in these legal relations and is not a party to the delivery of the shipment.
8.16. The User bears the responsibility established by the current legislation for potentially dangerous Shipments and for the damage that may be caused in connection with the delivery of such a Shipment.
8.17. Claims by the User due to improper functioning of the Software, failures in the operation of the Software, in connection with the execution of Requests can be claimed by them within 2 (two) calendar days by written notification to the Company.
8.18. The User is obliged to provide the Company upon written request (sent by facsimile/mail/electronic communication and/or through the Mobile Application) any documents requested by it regarding the subject of the Agreement within no later than 1 (one) working day from the receipt of such a request.
8.19. The User must independently monitor changes to the terms of the Agreement on the Website and/or in the Mobile Application. In the absence of objections and the continuation of the use of the Mobile Application and/or receipt of Services after the publication of changes to the Agreement, rules, additions, annexes, this is considered as the User's agreement with the introduced changes and additions. All risks associated with the occurrence of adverse consequences due to the User's non-compliance with the requirements of this paragraph of the Agreement are borne by the User.
8.20. The User guarantees that they own all rights to use materials and/or any Content posted by them when creating Requests.
8.21. When interacting with other Users using the Application, the User acknowledges and confirms that:
· The Company and Users are completely independent entities that do not influence each other's activities;
· The Company is not responsible for the User's expectations not being met by the services provided by the fellow traveler in accordance with the applicable legislation for the delivery of the Shipment;
· The Company only provides software and technical resources for placing relevant Requests, as well as provides Users with the opportunity to communicate with each other using the Application;
· Civil law relations, or other types of obligations and agreements for the delivery of the Shipment by the fellow traveler, as well as calculations between the fellow traveler and the Sender, arise exclusively and directly between the fellow traveler and the Sender.
· The Company is not responsible for the quality and timing of the delivery by the fellow traveler of the Sender's Shipment.
8.22. The User is obligated to familiarize themselves with all annexes to this Agreement. The fact of concluding this Agreement means that the User unconditionally joins all its annexes and additions.
9. ACCOUNT BLOCKING AND DELETION
9.1. The User may terminate their relationship with the Company at any time, provided there is no outstanding debt for services rendered.
9.2. In case the User violates the terms of the Agreement, and the Company believes that blocking the User's access to their account is necessary and the only means to ensure the security of Users or third parties, to prevent fraudulent or other unlawful activities, the Company has the exclusive right to: 9.2.1. terminate the Agreement and block access to the Mobile Application without prior warning or explanation of reasons;
9.2.2. delete the account, any reviews, messages, announcements, content, requests posted in the Mobile Application; 9.2.3. restrict the User's access to functions of the Mobile Application; 9.2.4. temporarily or permanently block the User's Account.
9.3. The User may be notified of such measures if necessary. The Company will decide at its discretion whether it is appropriate to terminate the measures applied.
10. LIABILITY OF THE PARTIES
10.1 Each party to the relevant Applicable Agreement is independently responsible for the non-fulfillment or improper fulfillment of its obligations.
10.2 The Company does not provide delivery, transportation, forwarding services, does not hire fellow travelers, does not provide agency services according to Chapter 52 of the Civil Code of the Russian Federation, does not provide intermediary services, and is not responsible for the improper fulfillment of obligations by the fellow traveler towards the Sender and the Recipient, as well as between Users in general.
10.3 The Company is not responsible for the following: 10.3.1. possible harm caused to Users due to improper use of the Mobile Application and/or Services; 10.3.2. for possible losses, data corruption that may occur due to the User's violation of the Agreement terms;
10.3.3. for the speed and uninterrupted operation of the Mobile Application, their compatibility with the software and operating systems of the User's devices;
10.3.4. for the presence of errors and/or viruses during the operation of the Mobile Application, interruption of communication channels and failure of server infrastructure at the level of main communication channels, data exchange centers, computing centers, as well as regional and local communication lines, non-fulfillment or improper fulfillment of its obligations due to failures in telecommunications and/or energy networks, as well as malicious actions of third parties aimed at unauthorized access and/or disabling of the Mobile Application;
10.3.5. for improper functioning of the User's devices;
10.3.6. for the Mobile Application and/or Services not meeting the User's expectations; - for the actions of Users in the Mobile Application and the consequences of using the Application;
10.3.7. for the temporary non-functionality of payment systems, non-provision of receipt and/or transfer of payments by Users, caused by reasons independent of the Company, as well as circumstances of force majeure;
10.3.8. for the content of information posted by Users in the Mobile Application;
10.3.9. for the use of services, services, and products offered to the User on a paid and/or free basis by third parties, including those that may be represented in the Mobile Application;
10.3.10 for the risk of transitioning from the Mobile Application to third-party resources;
10.3.11. for the actions of any third parties, as well as the actions of payment systems, communication operators, not being actions of the Company;
10.3.12. for placing the Mobile Application, links to it in any unauthorized (unconfirmed) sources by the Company (counterfeit application), as well as the further use of such an application;
10.3.13. for the use of the Mobile Application by third parties who have gained unauthorized access to the device or the User's account;
10.3.14 for Users' compliance with applicable legislation, including, but not limited to, tax legislation and legislation regulating entrepreneurial activities (in the event of the emergence of corresponding relations between the User and the state).
10.4 The Company is not liable to the User or any third parties for:
10.4.1. any direct and/or indirect losses, including lost profits or lost data, for damage to honor, dignity, and business reputation caused in connection with the use of the Mobile Application and/or Services, or the inability to use them.
10.4.2. for the content and legality, authenticity of information used/obtained by the User while using the Mobile Application;
10.4.3. for the absence of offers and responses to the Sender's Requests;
10.4.4. for the quality and timing of the delivery of the Shipment by the fellow traveler;
10.4.5. for the conformity of the Shipment (contents of the Shipment) or the order of delivery of the Shipment to applicable legislation;
10.4.6. for the Sender's fulfillment of their obligations to pay monetary amounts agreed with the fellow traveler concerning the delivery of the Shipment.
10.4.7. The Company does not control and does not guarantee the order of fulfillment of agreements between Users concerning the delivery of the Shipment based on the information placed in the Mobile Application.
10.5 To avoid ambiguity in interpretation, the Company is not responsible for the loss, damage, or shortage of the Shipment and other damage resulting from improper execution, non-execution of this Agreement, as well as due to intent and/or negligence of the User.
10.6 The parties to this agreement are exempt from liability for non-fulfillment or partial non-fulfillment of their obligations under the Agreement if they prove that such non-fulfillment of obligations was a result of force majeure, i.e., extraordinary and unavoidable under the given circumstances. The party referring to force majeure must provide the other Party with a document issued by an authorized body or organization confirming the occurrence and action of such circumstances.
10.7 If the User's violation of the requirements and conditions of this Agreement was the basis for claims, lawsuits, and/or orders for the payment of penalties by state authorities and/or third parties (including rights holders and consumers), the User is obliged to immediately provide the Company with all requested information (documents) concerning the relevant Request and the items delivered under it, assist the Company in settling such claims and lawsuits, and reimburse the Company for documented losses (including legal expenses, expenses for the payment of fines) caused to the Company as a result of such claims, lawsuits, orders in connection with the violation of the rights of third parties and/or applicable legislation of the Russian Federation by the User.
10.8 The User agrees that to the email address specified by them during registration in the Software, the Company may send legally significant messages in the order of Article 165.1 of the Civil Code of the Russian Federation. The deadline for responding to a written complaint received from a consumer is 10 (ten) days from the date of receipt by the Company; The deadline for considering complaints received from other persons is 30 (thirty) days from the date of receipt.
11. EXCLUSIVE RIGHTS AND WARRANTIES OF THE COMPANY
11.1. The application is protected by the current legislation of the Russian Federation, including copyright and intellectual property rights. The exclusive intellectual property rights to the Mobile Application are owned by the Company. Any use of the Mobile Application is permitted only with the Company's permission. Using the Mobile Application without the Company's permission in any way and for other purposes is illegal and may subject the User to legally established liabilities.
11.2. During the term of use of the Mobile Application, the Company grants Users a limited, personal, non-exclusive license to use the Mobile Application solely for the purpose of using it under the terms of this Agreement. The Company retains exclusive rights to intellectual property.
11.3. Users undertake not to engage in actions: - copying or modifying the software that enables the operation of the Mobile Application and the provision of Services by the Company; - creating programs derived from the software that enables the operation of the Mobile Application and the provision of Services by the Company; - penetrating the software that enables the operation of the Application and the provision of Services by the Company, in order to obtain the source codes of such software; - conducting sales, resales, leasing, transferring to third parties in any other form rights related to the software that enables the operation of the Mobile Application; - modifying the software that enables the operation of the Mobile Application and the provision of Services by the Company, including for the purpose of obtaining unauthorized access to it; - other actions similar to those listed above that violate or intend to violate the rights of the Company and third parties; - not using non-original copies of the Application.
12. CORRESPONDENCE BETWEEN PARTIES, WARNING AND NOTIFICATION
12.1. By joining this Agreement, the User also accepts the terms of electronic interaction set out below.
12.2. Correspondence between the Parties regarding the fulfillment of the Agreement's terms is conducted via the official email of each Party. The official email address of the Company is info@skyptop.pro. The official email address of the User is the email address specified by the User during registration. Correspondence between the Parties may be conducted through the Mobile Application's function that allows the exchange of electronic messages. Sent messages are considered received by the recipient at the moment they are sent by the party.
12.3. All current Agreements, rules, additions to the Company's Agreements are concluded, formed, and executed in the order of electronic interaction and, as a general rule, do not require the formation of primary paper documentation. At the same time, the written form of the relevant documents and agreements is considered observed in accordance with paragraphs 2 and 3 of Article 434 of the Civil Code of the Russian Federation.
12.4. When joining Agreements, rules, additions to the Company's Agreements, Parties use simple electronic signatures (paragraph 2 of Article 160 of the Civil Code of the Russian Federation), the signature for each Party is a unique email address (login and password of the email service account or personal account in the Software).
12.5. The Parties have established that an electronic message sent from the email address of a Party, as well as actions and messages using the Account, express the true will of the Party and the intention to conclude, modify, or terminate the transaction - in accordance with the meaning of a particular action, as defined by this Agreement.
12.6. Authentication and verification of the message originating from a Party are carried out by comparing the sender's address with the address specified by the User as a contact detail, or with the data of their account.
12.7. From the moment of conclusion of the Agreement, the Company and the User recognize the legal force of messages and actions made and transmitted using the Mobile Application on behalf of the User, as well as using the email specified by the User during Registration.
12.8. The Parties have agreed that all warnings and messages received at the official email address and/or through the Mobile Application's function are considered delivered to the recipient in proper form and have the legal force of an official document signed and issued by the party to the Agreement.
13. USERS' PERSONAL DATA
13.1. As a result of the operation of the Software, the Company receives certain personal data from Users, provided for by this Agreement or necessary for the fulfillment of the terms of the Agreement. The processing of such personal data is regulated by the Privacy Policy of "SKISHIFT" LLC concerning personal data processing and is carried out in accordance with current legislation (including the Federal Law "On Personal Data" No. 152-FZ of July 27, 2006) for the purpose of concluding and executing Agreements with subjects of personal data or legal entities, on behalf of and/or in whose interests the subjects of personal data act, as well as other purposes intended to join the Agreement.
13.2. The Company may collect anonymous non-personal information provided by Users of the Software. Non-personal information includes any non-confidential, not prohibited by the User information that becomes available to the Company during the User's access to the Software and its direct use. This information may include, among other things, data about the identification of the User's Software browser, operating system, the order and time of page visits, the time and date of connection to the Mobile Application, etc. The Company may collect personal information voluntarily and consciously provided by the User of the Software during the creation of an Account in the Software, placing an Order, or registration in another way to obtain services, namely surname and first name, mobile phone number, and email address, other data entered by the User of the Software.
13.3. The User is hereby informed by this Agreement of the voluntary expression of consent to provide non-personal information.
13.4. In case of the User's expression of will to prohibit the transfer of non-personal information to the Company, such prohibition must be sent by the User in a written notification to the Company at its registered address. When placing an Order in the Mobile Application or on the website, the User may specify the personal data of the Sender and/or Recipient and gives unconditional consent for obtaining approval from such persons for the transfer of such personal data to the Company for the purpose of fulfilling the Order placed by the User.
13.5. The Company is not responsible for any risk of adverse consequences that occur or may occur as a result of dishonest actions/inactions of the User, non-compliance of the equipment, software, or communication channels used by Users with the established requirements for protecting personal data from unauthorized (unlawful) encroachment by third parties.
14. FINAL PROVISIONS
14.1. Nothing in this Agreement can be interpreted as providing delivery services by the fellow traveler for the Company, hiring a fellow traveler for work under full or partial, remote or regular employment, with compliance with internal work regulations, employment contracts, and other legal relationships. Using the Software, the fellow traveler acts independently, on their own initiative and at their discretion, in their own interests, personal interest. The fellow traveler confirms and guarantees that they have all necessary permits for providing fellow traveler services and other delivery-related activities using the Software.
14.2. To avoid any misunderstandings from the moment of starting to use the functions of the Software, the fellow traveler fully confirms that they: 14.2.1. have the capacity to accept the terms of the contract and are aware of their actions; 14.2.2. are fully familiar with and agree with the terms of using the Software, as set out in the Agreement; 14.2.3. are not under the influence of delusion, deception, coercion, threat, and other similar factors; 14.2.4. intend to use the Mobile Application personally, not allowing third parties to use the account; 14.2.5. possess a sufficient level of language knowledge necessary for fulfilling the terms of this Agreement and understand without exception the terms of the Agreement for the purpose of using the Software and executing Orders.
14.3. Regardless of whether the User has the status to conduct economic activity, they give their consent to the Company to use their trademark and trade name on the internet on the Company's website and its subdomains, in the mobile application and other multimedia products implementing the same functions, in informational, marketing, and advertising materials, as well as other materials to inform users of the Software about the service seller and indicating such a User as a partner of the Right Holder without disclosing the commercial terms of cooperation.
14.4. Persons who have accepted this Agreement on behalf of such a Party have the proper rights and powers, and their signing of the Agreement was duly approved, and all necessary actions were taken to ensure the possibility of signing this Agreement, as well as, if it follows from the terms of the Agreement, the performance of obligations under it.
14.5. The Party that has accepted this agreement confirms that it has received all approvals, permissions, consents, licenses, certificates, or other documents necessary in accordance with applicable Legislation or founding, or internal documents of such a Party for signing this Agreement, performing this Agreement.
14.6. Each party that has accepted this agreement confirms that it concludes the Agreement not as a result of adverse circumstances on extremely unfavorable terms for itself, and this Agreement is not a predatory transaction for such a Party.
14.7. The User is not entitled to transfer rights and/or obligations under this Agreement without prior written notification to the other Party. To obtain such consent, the Party sends the other Party a written request with an attachment of a properly certified copy of the agreement on the transfer of rights and/or obligations under the Agreement to a Third Party. The Party has the right within 2 (two) working days from the date of receipt of the request to request documents necessary to verify the good faith of the Third Party, including confirming: the right to engage in certain activities, the powers of the executive body and/or representative, the availability of necessary material and financial resources, etc. Documents must be provided in the form of properly certified copies by the Third Party, and in cases provided by the Legislation, in the form of originals or copies certified by a specialized body and/or organization. The Party is obliged within 2 (two) working days from the date of receipt of the request and requested documents confirming the good faith of the Third Party to give the other Party written consent or a reasoned refusal of such consent. If within the specified period the Party does not send written consent or a reasoned refusal of such consent, the transfer of rights and/or obligations under the Agreement is considered uncoordinated.
15. DISPUTE RESOLUTION
15.1. This Agreement is governed by and interpreted in accordance with the current legislation of the Russian Federation.
15.2. The parties shall endeavor to resolve any disputes and disagreements through negotiations.
15.3. In case it is not possible to settle a dispute through negotiations, disputes arising from the relations between the Parties shall be considered in a judicial body of the Russian Federation as follows:
15.4. All legal disputes with legal entities and individual entrepreneurs shall be considered at the Arbitration Court at the place of registration of the Company.
15.5. All legal disputes with individuals shall be considered in court:
15.7. In the absence of written notification from an individual who is a consumer of services regarding the possibility of disputing the territorial jurisdiction of the dispute, sent to the Company's address, this condition of the Agreement operates in its original form and has legal force.
15.8. Before filing a lawsuit in court for disputes arising from relations between the Parties, it is mandatory to present a claim (written proposal for voluntary settlement of the dispute) at the registration address of the other party.
15.9. The recipient of the claim shall notify the claimant in writing of the results of the consideration of the claim within 30 calendar days from the day of receiving the claim.
15.10. The claim, as well as the response to it, may be sent by message in the Mobile Application or to the User's email specified at registration and to the Company's email info@skyptop.pro.
16. SUPPORT SERVICE
For all matters related to the use of the Mobile Application, the User can contact the Support Service.
Annexes to the Agreement, which are an integral part of it: Annex 1: Privacy Policy of Personal Data.
16. DETAILS
Full name: Limited Liability Company "SKISHIFT" Abbreviated name: LLC "SKISHIFT" Legal address: 300041, Tula region, Tula city, Turgenevskaya street, house no. 69, office 326, floor 3 Actual address: 300041, Tula region, Tula city, Turgenevskaya street, house no. 69, office 326, floor 3 Postal address: 300041, Tula region, Tula city, Turgenevskaya street, house no. 69, office 326, floor 3 INN (Taxpayer Identification Number) 7107133239 KPP (Tax Registration Reason Code) 710701001 OGRN (Primary State Registration Number) 1197154011933 Current account: 40702810508500011702 Correspondent account: 30101810745374525104 BIC (Bank Identification Code) 044525104 Bank: POINT JSC BANK "FC OPENING" General Director: Rinat Igorevich Kryukov.
8.1. The User is obligated to comply with the terms of the Agreement and its annexes, as well as to pay for the Services provided to them in the order and on the terms provided by the terms of the Agreement and its annexes.
8.2. The User is obligated to independently familiarize themselves with the information about the terms of the Company's Services and their cost.
8.3. When using the Mobile Application, the User must comply with the applicable legislation, including tax laws and laws regulating entrepreneurial activities (in case of corresponding relations between the User and the state).
8.4. The User has the right to receive Services in accordance with the terms of the Agreement.
8.5. The User has the right to contact the Company's support service through the appropriate form in the Mobile Application of the Company's technical support service.
8.6. The User is obligated to use the Mobile Application only for lawful purposes, comply with applicable legislation, and respect the rights and legal interests of the Company and third parties.
8.7. The User must not engage in actions aimed at destabilizing the operation of the Mobile Application, attempting unauthorized access to the Mobile Application, or any other actions that infringe on the rights of the Company and/or third parties.
8.8. The User must not violate, block, or otherwise harm the security of the Mobile Application.
8.9. The User undertakes not to use the Mobile Application to carry out actions aimed at undermining network security and violating any software and technical means connected to the Internet network, as well as carrying out network attacks on any resources accessible through the Internet, including the Company's software and technical means, but not limited to them.
8.10. The User must not take actions aimed at gaining access to someone else's account by guessing passwords, unauthorized interference, or any other similar actions.
8.11. The User is obliged not to place Requests in the Mobile Application that violate the terms of this Agreement or applicable legislation.
8.12. The User is fully responsible for interacting with the fellow traveler and Recipient regarding informing them about the Shipment (including its consumer properties, characteristics, methods, conditions, and delivery options, etc.), delivery time, and other conditions. The User is responsible to the Company and the fellow traveler for the completeness and accuracy of information about the Sender, Recipient, and the Shipment to be delivered.
8.13. The User gives immediate consent not to deliver Shipments containing the following:
- Ammunition, fireworks, signal rockets, and cartridges;
- Narcotic drugs, psychotropic, potent, toxic, radioactive, explosive, poisonous, corrosive, flammable, and other hazardous substances, including those under pressure;
- Foreign currency and Russian Federation currency notes;
- Human body parts and remains (including in the form of ashes);
- Firearms, pneumatic, gas, or bladed weapons and their parts;
- Products with an unpleasant smell (except for cosmetic and perfumed products), items and substances that by their nature or due to packaging may pose a danger to people, contaminate or spoil (damage) other shipments, surrounding people, or items;
- Animals;
- Items requiring specially equipped transportation vehicles;
- Liquids in open containers;
- Other items, materials, or substances restricted or prohibited in circulation in the territory of the Russian Federation.
8.14. The User must provide true and complete information about the content of the Shipment in the Request and ensure its transfer to the fellow traveler in packaging corresponding to the nature of the inclusion, delivery conditions, excluding the possibility of damaging the inclusion during handling and delivery, access to it and its content without breaking the shell, spoiling other Shipments, or causing any harm to the fellow traveler.
8.15. Users independently determine the type, order, and conditions of formalizing legal relations for the delivery of the Shipment between themselves and bear full responsibility to each other for this fact. The Company is not a participant in these legal relations and is not a party to the delivery of the shipment.
8.16. The User bears the responsibility established by the current legislation for potentially dangerous Shipments and for the damage that may be caused in connection with the delivery of such a Shipment.
8.17. Claims by the User due to improper functioning of the Software, failures in the operation of the Software, in connection with the execution of Requests can be claimed by them within 2 (two) calendar days by written notification to the Company.
8.18. The User is obliged to provide the Company upon written request (sent by facsimile/mail/electronic communication and/or through the Mobile Application) any documents requested by it regarding the subject of the Agreement within no later than 1 (one) working day from the receipt of such a request.
8.19. The User must independently monitor changes to the terms of the Agreement on the Website and/or in the Mobile Application. In the absence of objections and the continuation of the use of the Mobile Application and/or receipt of Services after the publication of changes to the Agreement, rules, additions, annexes, this is considered as the User's agreement with the introduced changes and additions. All risks associated with the occurrence of adverse consequences due to the User's non-compliance with the requirements of this paragraph of the Agreement are borne by the User.
8.20. The User guarantees that they own all rights to use materials and/or any Content posted by them when creating Requests.
8.21. When interacting with other Users using the Application, the User acknowledges and confirms that:
· The Company and Users are completely independent entities that do not influence each other's activities;
· The Company is not responsible for the User's expectations not being met by the services provided by the fellow traveler in accordance with the applicable legislation for the delivery of the Shipment;
· The Company only provides software and technical resources for placing relevant Requests, as well as provides Users with the opportunity to communicate with each other using the Application;
· Civil law relations, or other types of obligations and agreements for the delivery of the Shipment by the fellow traveler, as well as calculations between the fellow traveler and the Sender, arise exclusively and directly between the fellow traveler and the Sender.
· The Company is not responsible for the quality and timing of the delivery by the fellow traveler of the Sender's Shipment.
8.22. The User is obligated to familiarize themselves with all annexes to this Agreement. The fact of concluding this Agreement means that the User unconditionally joins all its annexes and additions.
9. ACCOUNT BLOCKING AND DELETION
9.1. The User may terminate their relationship with the Company at any time, provided there is no outstanding debt for services rendered.
9.2. In case the User violates the terms of the Agreement, and the Company believes that blocking the User's access to their account is necessary and the only means to ensure the security of Users or third parties, to prevent fraudulent or other unlawful activities, the Company has the exclusive right to: 9.2.1. terminate the Agreement and block access to the Mobile Application without prior warning or explanation of reasons;
9.2.2. delete the account, any reviews, messages, announcements, content, requests posted in the Mobile Application; 9.2.3. restrict the User's access to functions of the Mobile Application; 9.2.4. temporarily or permanently block the User's Account.
9.3. The User may be notified of such measures if necessary. The Company will decide at its discretion whether it is appropriate to terminate the measures applied.
10. LIABILITY OF THE PARTIES
10.1 Each party to the relevant Applicable Agreement is independently responsible for the non-fulfillment or improper fulfillment of its obligations.
10.2 The Company does not provide delivery, transportation, forwarding services, does not hire fellow travelers, does not provide agency services according to Chapter 52 of the Civil Code of the Russian Federation, does not provide intermediary services, and is not responsible for the improper fulfillment of obligations by the fellow traveler towards the Sender and the Recipient, as well as between Users in general.
10.3 The Company is not responsible for the following: 10.3.1. possible harm caused to Users due to improper use of the Mobile Application and/or Services; 10.3.2. for possible losses, data corruption that may occur due to the User's violation of the Agreement terms;
10.3.3. for the speed and uninterrupted operation of the Mobile Application, their compatibility with the software and operating systems of the User's devices;
10.3.4. for the presence of errors and/or viruses during the operation of the Mobile Application, interruption of communication channels and failure of server infrastructure at the level of main communication channels, data exchange centers, computing centers, as well as regional and local communication lines, non-fulfillment or improper fulfillment of its obligations due to failures in telecommunications and/or energy networks, as well as malicious actions of third parties aimed at unauthorized access and/or disabling of the Mobile Application;
10.3.5. for improper functioning of the User's devices;
10.3.6. for the Mobile Application and/or Services not meeting the User's expectations; - for the actions of Users in the Mobile Application and the consequences of using the Application;
10.3.7. for the temporary non-functionality of payment systems, non-provision of receipt and/or transfer of payments by Users, caused by reasons independent of the Company, as well as circumstances of force majeure;
10.3.8. for the content of information posted by Users in the Mobile Application;
10.3.9. for the use of services, services, and products offered to the User on a paid and/or free basis by third parties, including those that may be represented in the Mobile Application;
10.3.10 for the risk of transitioning from the Mobile Application to third-party resources;
10.3.11. for the actions of any third parties, as well as the actions of payment systems, communication operators, not being actions of the Company;
10.3.12. for placing the Mobile Application, links to it in any unauthorized (unconfirmed) sources by the Company (counterfeit application), as well as the further use of such an application;
10.3.13. for the use of the Mobile Application by third parties who have gained unauthorized access to the device or the User's account;
10.3.14 for Users' compliance with applicable legislation, including, but not limited to, tax legislation and legislation regulating entrepreneurial activities (in the event of the emergence of corresponding relations between the User and the state).
10.4 The Company is not liable to the User or any third parties for:
10.4.1. any direct and/or indirect losses, including lost profits or lost data, for damage to honor, dignity, and business reputation caused in connection with the use of the Mobile Application and/or Services, or the inability to use them.
10.4.2. for the content and legality, authenticity of information used/obtained by the User while using the Mobile Application;
10.4.3. for the absence of offers and responses to the Sender's Requests;
10.4.4. for the quality and timing of the delivery of the Shipment by the fellow traveler;
10.4.5. for the conformity of the Shipment (contents of the Shipment) or the order of delivery of the Shipment to applicable legislation;
10.4.6. for the Sender's fulfillment of their obligations to pay monetary amounts agreed with the fellow traveler concerning the delivery of the Shipment.
10.4.7. The Company does not control and does not guarantee the order of fulfillment of agreements between Users concerning the delivery of the Shipment based on the information placed in the Mobile Application.
10.5 To avoid ambiguity in interpretation, the Company is not responsible for the loss, damage, or shortage of the Shipment and other damage resulting from improper execution, non-execution of this Agreement, as well as due to intent and/or negligence of the User.
10.6 The parties to this agreement are exempt from liability for non-fulfillment or partial non-fulfillment of their obligations under the Agreement if they prove that such non-fulfillment of obligations was a result of force majeure, i.e., extraordinary and unavoidable under the given circumstances. The party referring to force majeure must provide the other Party with a document issued by an authorized body or organization confirming the occurrence and action of such circumstances.
10.7 If the User's violation of the requirements and conditions of this Agreement was the basis for claims, lawsuits, and/or orders for the payment of penalties by state authorities and/or third parties (including rights holders and consumers), the User is obliged to immediately provide the Company with all requested information (documents) concerning the relevant Request and the items delivered under it, assist the Company in settling such claims and lawsuits, and reimburse the Company for documented losses (including legal expenses, expenses for the payment of fines) caused to the Company as a result of such claims, lawsuits, orders in connection with the violation of the rights of third parties and/or applicable legislation of the Russian Federation by the User.
10.8 The User agrees that to the email address specified by them during registration in the Software, the Company may send legally significant messages in the order of Article 165.1 of the Civil Code of the Russian Federation. The deadline for responding to a written complaint received from a consumer is 10 (ten) days from the date of receipt by the Company; The deadline for considering complaints received from other persons is 30 (thirty) days from the date of receipt.
11. EXCLUSIVE RIGHTS AND WARRANTIES OF THE COMPANY
11.1. The application is protected by the current legislation of the Russian Federation, including copyright and intellectual property rights. The exclusive intellectual property rights to the Mobile Application are owned by the Company. Any use of the Mobile Application is permitted only with the Company's permission. Using the Mobile Application without the Company's permission in any way and for other purposes is illegal and may subject the User to legally established liabilities.
11.2. During the term of use of the Mobile Application, the Company grants Users a limited, personal, non-exclusive license to use the Mobile Application solely for the purpose of using it under the terms of this Agreement. The Company retains exclusive rights to intellectual property.
11.3. Users undertake not to engage in actions: - copying or modifying the software that enables the operation of the Mobile Application and the provision of Services by the Company; - creating programs derived from the software that enables the operation of the Mobile Application and the provision of Services by the Company; - penetrating the software that enables the operation of the Application and the provision of Services by the Company, in order to obtain the source codes of such software; - conducting sales, resales, leasing, transferring to third parties in any other form rights related to the software that enables the operation of the Mobile Application; - modifying the software that enables the operation of the Mobile Application and the provision of Services by the Company, including for the purpose of obtaining unauthorized access to it; - other actions similar to those listed above that violate or intend to violate the rights of the Company and third parties; - not using non-original copies of the Application.
12. CORRESPONDENCE BETWEEN PARTIES, WARNING AND NOTIFICATION
12.1. By joining this Agreement, the User also accepts the terms of electronic interaction set out below.
12.2. Correspondence between the Parties regarding the fulfillment of the Agreement's terms is conducted via the official email of each Party. The official email address of the Company is info@skyptop.pro. The official email address of the User is the email address specified by the User during registration. Correspondence between the Parties may be conducted through the Mobile Application's function that allows the exchange of electronic messages. Sent messages are considered received by the recipient at the moment they are sent by the party.
12.3. All current Agreements, rules, additions to the Company's Agreements are concluded, formed, and executed in the order of electronic interaction and, as a general rule, do not require the formation of primary paper documentation. At the same time, the written form of the relevant documents and agreements is considered observed in accordance with paragraphs 2 and 3 of Article 434 of the Civil Code of the Russian Federation.
12.4. When joining Agreements, rules, additions to the Company's Agreements, Parties use simple electronic signatures (paragraph 2 of Article 160 of the Civil Code of the Russian Federation), the signature for each Party is a unique email address (login and password of the email service account or personal account in the Software).
12.5. The Parties have established that an electronic message sent from the email address of a Party, as well as actions and messages using the Account, express the true will of the Party and the intention to conclude, modify, or terminate the transaction - in accordance with the meaning of a particular action, as defined by this Agreement.
12.6. Authentication and verification of the message originating from a Party are carried out by comparing the sender's address with the address specified by the User as a contact detail, or with the data of their account.
12.7. From the moment of conclusion of the Agreement, the Company and the User recognize the legal force of messages and actions made and transmitted using the Mobile Application on behalf of the User, as well as using the email specified by the User during Registration.
12.8. The Parties have agreed that all warnings and messages received at the official email address and/or through the Mobile Application's function are considered delivered to the recipient in proper form and have the legal force of an official document signed and issued by the party to the Agreement.
13. USERS' PERSONAL DATA
13.1. As a result of the operation of the Software, the Company receives certain personal data from Users, provided for by this Agreement or necessary for the fulfillment of the terms of the Agreement. The processing of such personal data is regulated by the Privacy Policy of "SKISHIFT" LLC concerning personal data processing and is carried out in accordance with current legislation (including the Federal Law "On Personal Data" No. 152-FZ of July 27, 2006) for the purpose of concluding and executing Agreements with subjects of personal data or legal entities, on behalf of and/or in whose interests the subjects of personal data act, as well as other purposes intended to join the Agreement.
13.2. The Company may collect anonymous non-personal information provided by Users of the Software. Non-personal information includes any non-confidential, not prohibited by the User information that becomes available to the Company during the User's access to the Software and its direct use. This information may include, among other things, data about the identification of the User's Software browser, operating system, the order and time of page visits, the time and date of connection to the Mobile Application, etc. The Company may collect personal information voluntarily and consciously provided by the User of the Software during the creation of an Account in the Software, placing an Order, or registration in another way to obtain services, namely surname and first name, mobile phone number, and email address, other data entered by the User of the Software.
13.3. The User is hereby informed by this Agreement of the voluntary expression of consent to provide non-personal information.
13.4. In case of the User's expression of will to prohibit the transfer of non-personal information to the Company, such prohibition must be sent by the User in a written notification to the Company at its registered address. When placing an Order in the Mobile Application or on the website, the User may specify the personal data of the Sender and/or Recipient and gives unconditional consent for obtaining approval from such persons for the transfer of such personal data to the Company for the purpose of fulfilling the Order placed by the User.
13.5. The Company is not responsible for any risk of adverse consequences that occur or may occur as a result of dishonest actions/inactions of the User, non-compliance of the equipment, software, or communication channels used by Users with the established requirements for protecting personal data from unauthorized (unlawful) encroachment by third parties.
14. FINAL PROVISIONS
14.1. Nothing in this Agreement can be interpreted as providing delivery services by the fellow traveler for the Company, hiring a fellow traveler for work under full or partial, remote or regular employment, with compliance with internal work regulations, employment contracts, and other legal relationships. Using the Software, the fellow traveler acts independently, on their own initiative and at their discretion, in their own interests, personal interest. The fellow traveler confirms and guarantees that they have all necessary permits for providing fellow traveler services and other delivery-related activities using the Software.
14.2. To avoid any misunderstandings from the moment of starting to use the functions of the Software, the fellow traveler fully confirms that they: 14.2.1. have the capacity to accept the terms of the contract and are aware of their actions; 14.2.2. are fully familiar with and agree with the terms of using the Software, as set out in the Agreement; 14.2.3. are not under the influence of delusion, deception, coercion, threat, and other similar factors; 14.2.4. intend to use the Mobile Application personally, not allowing third parties to use the account; 14.2.5. possess a sufficient level of language knowledge necessary for fulfilling the terms of this Agreement and understand without exception the terms of the Agreement for the purpose of using the Software and executing Orders.
14.3. Regardless of whether the User has the status to conduct economic activity, they give their consent to the Company to use their trademark and trade name on the internet on the Company's website and its subdomains, in the mobile application and other multimedia products implementing the same functions, in informational, marketing, and advertising materials, as well as other materials to inform users of the Software about the service seller and indicating such a User as a partner of the Right Holder without disclosing the commercial terms of cooperation.
14.4. Persons who have accepted this Agreement on behalf of such a Party have the proper rights and powers, and their signing of the Agreement was duly approved, and all necessary actions were taken to ensure the possibility of signing this Agreement, as well as, if it follows from the terms of the Agreement, the performance of obligations under it.
14.5. The Party that has accepted this agreement confirms that it has received all approvals, permissions, consents, licenses, certificates, or other documents necessary in accordance with applicable Legislation or founding, or internal documents of such a Party for signing this Agreement, performing this Agreement.
14.6. Each party that has accepted this agreement confirms that it concludes the Agreement not as a result of adverse circumstances on extremely unfavorable terms for itself, and this Agreement is not a predatory transaction for such a Party.
14.7. The User is not entitled to transfer rights and/or obligations under this Agreement without prior written notification to the other Party. To obtain such consent, the Party sends the other Party a written request with an attachment of a properly certified copy of the agreement on the transfer of rights and/or obligations under the Agreement to a Third Party. The Party has the right within 2 (two) working days from the date of receipt of the request to request documents necessary to verify the good faith of the Third Party, including confirming: the right to engage in certain activities, the powers of the executive body and/or representative, the availability of necessary material and financial resources, etc. Documents must be provided in the form of properly certified copies by the Third Party, and in cases provided by the Legislation, in the form of originals or copies certified by a specialized body and/or organization. The Party is obliged within 2 (two) working days from the date of receipt of the request and requested documents confirming the good faith of the Third Party to give the other Party written consent or a reasoned refusal of such consent. If within the specified period the Party does not send written consent or a reasoned refusal of such consent, the transfer of rights and/or obligations under the Agreement is considered uncoordinated.
15. DISPUTE RESOLUTION
15.1. This Agreement is governed by and interpreted in accordance with the current legislation of the Russian Federation.
15.2. The parties shall endeavor to resolve any disputes and disagreements through negotiations.
15.3. In case it is not possible to settle a dispute through negotiations, disputes arising from the relations between the Parties shall be considered in a judicial body of the Russian Federation as follows:
15.4. All legal disputes with legal entities and individual entrepreneurs shall be considered at the Arbitration Court at the place of registration of the Company.
15.5. All legal disputes with individuals shall be considered in court:
- if the case falls under the jurisdiction of the justice of the peace - by the justice of the peace at the place of registration of the Company;
- if the case falls under the jurisdiction of the district court - in the district court at the place of registration of the Company.
15.7. In the absence of written notification from an individual who is a consumer of services regarding the possibility of disputing the territorial jurisdiction of the dispute, sent to the Company's address, this condition of the Agreement operates in its original form and has legal force.
15.8. Before filing a lawsuit in court for disputes arising from relations between the Parties, it is mandatory to present a claim (written proposal for voluntary settlement of the dispute) at the registration address of the other party.
15.9. The recipient of the claim shall notify the claimant in writing of the results of the consideration of the claim within 30 calendar days from the day of receiving the claim.
15.10. The claim, as well as the response to it, may be sent by message in the Mobile Application or to the User's email specified at registration and to the Company's email info@skyptop.pro.
16. SUPPORT SERVICE
For all matters related to the use of the Mobile Application, the User can contact the Support Service.
Annexes to the Agreement, which are an integral part of it: Annex 1: Privacy Policy of Personal Data.
16. DETAILS
Full name: Limited Liability Company "SKISHIFT" Abbreviated name: LLC "SKISHIFT" Legal address: 300041, Tula region, Tula city, Turgenevskaya street, house no. 69, office 326, floor 3 Actual address: 300041, Tula region, Tula city, Turgenevskaya street, house no. 69, office 326, floor 3 Postal address: 300041, Tula region, Tula city, Turgenevskaya street, house no. 69, office 326, floor 3 INN (Taxpayer Identification Number) 7107133239 KPP (Tax Registration Reason Code) 710701001 OGRN (Primary State Registration Number) 1197154011933 Current account: 40702810508500011702 Correspondent account: 30101810745374525104 BIC (Bank Identification Code) 044525104 Bank: POINT JSC BANK "FC OPENING" General Director: Rinat Igorevich Kryukov.