Minsk, January 16, 2019
Carefully read the terms of this agreement before using the mobile application. If you do not agree with the terms of this Agreement and of the mandatory documents specified therein or do not have the right to enter into a contract on their basis, You should immediately stop any use of the mobile application.
1. General provisions
1.1. This User agreement (hereinafter - the "Agreement") regulates the relationship between "Auto-assistance plus" LLC hereinafter - the "Company") and a capable individual who has duly acceded to this Agreement for the use of the mobile application (hereinafter - the "User"). The company is the owner of the exclusive property rights to use and transfer the mobile application.
1.2. The terms of this Agreement are a public offer - a proposal to conclude an accession agreement with the Company in accordance with article 405 and paragraph 2 of article 407 of the Civil code of the Republic of Belarus, according to which the Company provides the User with free access to the Application under the terms of this Agreement.
1.3. The mobile application (hereinafter - the "Application") is the software available to the User through the application Store on the terms of full compliance with the Agreement, which is an information application developed for mobile devices running the Android, IOS operating system. Intellectual property rights to the Application and its elements belong to the Company.
1.4. Installation of the Application on the user's mobile device is a complete and unconditional acceptance of this Agreement and confirmation of the user's consent to its terms (paragraph 3 of article 404, paragraph 3 of article 408 of the Civil code of the Republic of Belarus). Access to the Application, use of the Application and/or performing any other actions in the Application by the User means that the User accepts and undertakes to comply with all the terms of this Agreement without exception.
1.5. Appeals, proposals and claims of individuals and legal entities to the Company related to the content and operation of the Application, violations of the rights and interests of third parties, the requirements of the legislation of the Republic of Belarus can be sent to the e-mail address: email@example.com or at the legal address: 23a-2 Solomennaya Str., office 1, 220088Minsk , Republic of Belarus.
1.6. By agreeing to the terms of this Agreement, the User confirms its legal capacity and its legal capacity, confirms the accuracy of its data and assumes full responsibility for their accuracy, completeness and reliability.
2. AGREEMENT SUBJECT
2.1. The company grants the users of the Application the right to use the content posted in the Application by viewing, reproducing (including copying), processing and making available to the public solely for the purpose of personal non-commercial usefree of charge.
2.2. The application provides the User with a convenient way to use the services of the Company, namely:
2 2.1.to leave a request for services (booking of tickets and hotels; delivery of flowers, food, documents; leisure; taxi; vehicle towage, fuel supply, opening locks, wheel replacement, engine starting, replacement car, the service of sober driver; information support; exclusive services; ordering a call back; sending messages in chat; request for feedback via messenger);
2.2.2. tosave personal data in the Profile for quick registration of the application for the organization of services;
2.2.3. tocontact the call center operator by the phone number indicated in the App. The cost of the call is determined according to the tariffs of the user's telephone operator;
2.3. This Agreement covers all existing (actually functioning) at the moment services (services) of the Application, as well as any subsequent modifications and additional services (services) that appear in the future.
2.4. Internet connection is required to use the App. The company is not responsible for the possible adverse consequences for the User caused by the inability to connect to the Internet.
3. TERMS OF THE APPLICATION USE
3.1. To access the Application, as well as toacquire the User status, you must download the specified Application to your mobile device and allow access to the data of the mobile device to ensure the operation of a number of functions of the Application, namely:
- location (use the geodatabase from the device),
- phone (phone calls and the use of call lists),
- camera (access to device camera)
- media file.
3.2. To get an access to the application functions, you must complete the registration procedure, which is carried out by filling in the phone number and entering the code-password received by SMS message in case of availability of services.
3.3. The user undertakes to provide accurate personal information, as well as to update the information provided as necessary.
3.4. By joining this Agreement, the User also agrees that the Company does not verify the accuracy of the information provided and does not exercise control over the capacity of the User.
4. THE FUNCTIONING OF THE APPLICATION
4.1. The company tries to ensure the proper functioning of the Application 24 hours a day, but the Company does not assume any responsibility if there are any violations in the Application for any reason.
4.2. The company does not guarantee that the information contained in the Application will be available at any time, or will not be deleted or lost. The company is not responsible for failures and delays in the Application, as well as for the possible consequences of such failures and delays.
5.THE RIGHTS AND OBLIGATIONS OF THE COMPANY
5.1. The company has the right to send the User the information about the operation of the Application in any form, including messages within the Application.
5.2. The company may collect and use technical data and related information, including, without limitation, technical data about external devices, as well as about the software of the user's device, system and application. This information is collected periodically and is intended to facilitate the provision to the User of software updates, technical support and services (if any) related to the Application. The company may use this information to improve its products or to provide its services and technologies.
5.3. The company has the right to change, edit, delete any Content of the Application at its own discretion.
5.4. In order to improve the stability of the Application, the Company has the right to collect, store and process statistical information about the usage of the Application by the User.
6. GUARANTIESAND LIABILITY OF THE PARTIES
6.1. The user guarantees that he will not take any action aimed at causing damage to the owner of the rights to the Application, the Company, mobile operators, right holders and other persons.
6.2. Recognizing the international nature of the Internet, the User assumes responsibility for compliance with all relevant rules and laws relating to the user's actions on the Internet.
6.3. The company shall not be liable for any errors, omissions, interruptions, deletion, defects, delay in processing or transmission of data, communication line failure, theft, destruction or unauthorized access to user materials posted in the Application or any other location.
6.4. The company is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email service failures or scripts for technical reasons.
6.5. The company does not guarantee that the Application and its individual elements do not contain errors and will function in accordance with the expectations of the User. The presence of errors or shortcomings in the Application, which, among other things, leads to the inability of the Application to function on the user's mobile device, is not a basis for the exchange, return or repair of such mobile device.
7. CONDITIONS OF CONFIDENTIALITY AND PERSONAL DATA
7.1. The user voluntarily provides the Company, as well as third parties associated with the use, support of the Application, with the personal information, namely: any information that the User provides about himself / herself when filling out the "Profile" section or during the use of the Application, including personal data of the User, as well as information that is automatically transferred to the Company during the use of the Application using the software installed on the user's device, including IP address, cookie information, information about the user's browser, geolocation data of the User's devices, data about the user's actions in the Application, as well as other data about the User.
7.2. By providing the Application with personal data, the User confirms that he / she does it voluntarily.
7.3. The user agrees to the processing of personal data, including the collection, systematization, accumulation, storage, clarification (update, change), use, distribution, depersonalization, blocking, destruction, other use of personal data for the following purposes:
7.3.1. execution of the terms of this Agreement and provision of application services to the User;
7.3.2. receive notifications and personalized information from the Company;
7.3.3. improving the quality of the Application, development of new services.
7.5. Processing of personal data of Users is carried out by the Company during the term of this Agreement.
7.6. The user agrees to the provision of personal data to third parties, including for the organization of services to the User, to ensure the operation of the Application, etc.
8. FINAL PROVISIONS
8.1. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Republic of Belarus.
8.2. In case of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them peacefully through negotiations between them. If the disputes are not resolved through negotiations, the disputes shall be settled in the court of General jurisdiction in the Company’s locality in the manner prescribed by the current legislation of the Republic of Belarus.
8.3. This Agreement shall enter into force for the User from the moment the Application is installed on the Mobile device. This agreement is valid for the user who has joined it during the period of organization of services by the Company to the User. The company reserves the right at any time to terminate this Agreement and/or withdraw the offer for organizational, technical, other reasons, without justification of such reason, unilaterally by removing the Application from the user's mobile device and/or blocking the possibility of its usage by the User, and/or otherwise using automated systems and/or without using them.
8.4. This Agreement is made in Russian and translated into English.
8.5. This Agreement may be amended and/or supplemented by the Company at any time during the term of the Agreement at its discretion without the need to obtain the consent of the User. All changes and/or additions are posted by the Company in the relevant section of the Application and come into force on the day of such placement. The user undertakes to get acquaintedwith all changes and / or additions in a timely manner.
9. COMPANY DETAILS
Auto-assistance plus LLC
23a-3 Solomennaya str., office 1
220088, Minsk, Republic of Belarus,
Bank Account: BY86BLNB30120000102411000933 in JSC "BNB-Bank”,
87 Independence Avenue, Minsk, Republic of Belarus, code:765,
Payer’s Indentification Number: 192765585, OKPO code: 500353405000
tel. 8(017) 2100-900, Fax: 8(017) 233-90-45