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13 / 06 / 202608:25:52 ( GMT+0300 )
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USER AGREEMENT

  Individual Entrepreneur Melentiev Vitalii Valeriiovych, registration number of the taxpayer's account card: 2837700832, acting on the basis of the entry in the Unified State Register on the inclusion in the Unified State Register of information about the individual entrepreneur No. 2 415
017 0000 031684 dated 07.05.2008, and acting under the commercial name “T-V-TRANS”, (hereinafter referred to as the “Administrator”), governed by Articles 633 and 634 of the Civil Code of Ukraine, on the one hand, and any individual (hereinafter referred to as the “User”) who accepts this User Agreement on the other hand, hereinafter collectively referred to as the “Parties”, and each individually as a “Party”, have entered into this Agreement as follows:

1. TERMS AND DEFINITIONS

  1.1. User Agreement means an agreement between the User and the Administrator for the provision of access to the Website, which is posted on the Website at the link: http://tvtrans.in.ua/.
1.2. For the purposes provided for in this Agreement, the following basic definitions and concepts are used:

Acceptance - means the full, unconditional and unreserved consent of the User to enter into this
Agreement, which is carried out by checking the respective box when accessing the Website: http://tvtrans.in.ua/.

Administrator - means the individual entrepreneur Melentiev Vitalii Valeriiovych, who provides the User with access to the Website in accordance with this Agreement.

User - means any legally capable individual who has reached the age of 18 (eighteen) and who accesses the Website at the link http://tvtrans.in.ua/

Order - means the User's order for the provision of transportation services, in particular, the order for passenger transportation, courier delivery, cargo transportation, vehicle driving services (“sober
driver” service), fuel delivery, towing and other services available on the Website.

Website - means a web page on the Internet at the following address: http://tvtrans.in.ua/.

Driver - means a third party (individual) who provides and/or offers to provide transportation services to the User and who is in a contractual relationship with the Administrator on the basis of a contract for the provision of information and advertising services, which is public and is concluded by acceptance by such third party of the Public Offer for the provision of information and advertising services posted by the Administrator on the Website.

Black List - is a set of information about the User, to the collection and use of which the User agrees upon acceptance of this Agreement.

Interpreter - means an individual who speaks a foreign language and cooperates with the driver and the User on the terms and conditions determined by them.

Receipt - means a document of the form established by the Administrator, which is not a payment document, confirming the fact of payment for the service by the User and issued by the Driver who provided the transportation service at the request of the User.

Delivery act - is a document of the form established by the Administrator, which is a confirmation of the fact that the User has received the order. The delivery act is drawn up at the initiative of the Driver or the User in two counterparts.

Act of Receipt/Return of Funds — is a document in a form established by the Administrator, which confirms the fact of the driver (courier) receiving funds from the user, as well as the return of funds by the driver (courier) to the user.
The Act of Receipt/Return of Funds is drawn up at the initiative of the Driver or the User in two copies.

Transportation services - mean services that the User orders through the Website directly from the Driver and that are provided to the User by the respective Driver. Such services include passenger transportation, courier delivery, cargo transportation, vehicle driving service (“sober driver”
service), fuel delivery, towing and other services available on the Website. Nothing in this Agreement is intended or implies that the Administrator provides or may provide transportation services.

2. SUBJECT OF THE AGREEMENT

  2.1 This Agreement establishes the rules and terms of use of the Website, the procedure for using information posted on the Website.
2.2. Access to the Website, use of the Website and/or performance of any other actions on the Website by the User means that the User accepts and undertakes to comply with all the terms and
conditions of this Agreement without reservations and exceptions.
2.3 If the User does not agree to the terms and conditions of the Agreement, they shall immediately stop using the Website.

3. PROCEDURE FOR USING THE WEBSITE

  3.1. Access to the Website is provided to the User exclusively for personal non-commercial use, which allows Users to organize and plan transportation.
3.2. On a contractual basis, the Administrator publishes the Driver's page on the Website to inform the User of the transportation services that they can order through the Website by direct contact with the respective Driver. Upon acceptance of the order, the Drivers shall provide the transportation services to the Users. The Administrator shall not be liable and shall not assume any obligations to the Users regarding services provided to the Users by the Drivers and shall not provide any
guarantees to the Users regarding the quality of such services.
3.3 The User shall have the right to use the Website to order the transportation services in accordance with the Website Terms of Use, which are posted by the Administrator on the Website.

4. PROCEDURE FOR ORDERING SERVICES ON THE WEBSITE

  4.1 The transportation services are ordered by calling the Driver who has posted information about the transportation services provided on the Website.
4.2. The provision of the transportation services is carried out by the Drivers on the basis of separate agreements between specific Users and Drivers, to which the Administrator is not a party in any case.
4.3. If the User has ordered the transportation service and the Driver has agreed to provide the service, the transportation service is deemed to be ordered.
4.4. After the Driver verbally confirms that they will fulfill the User's order, the User shall conclude a separate agreement with the Driver on the provision of the transportation services on the terms agreed with the User. The Administrator does not provide the transportation services and is not a party to the User's agreement with the respective Driver.
4.5. The Administrator shall not be liable for the timing, content, relevance and quality of information provided by the Drivers about the
transportation services, the availability of these services at the moment, and the Administrator shall not be liable to the Users for possible negative consequences, losses caused to the User as a result of the failure to provide or improper provision of the transportation services by the Drivers.
4.6. In case of ordering a courier delivery or cargo transportation service, the User undertakes not to order the delivery of items or transport cargoes, the transportation of which is prohibited by the current legislation of Ukraine. The User agrees that in case of violation of this clause, they shall be liable for all possible risks and/or consequences that may arise in connection with the transportation of such items. At the same time, the Drivers have the right to refuse to provide the User with courier delivery or cargo transportation services in case of detection of items the transportation of which is prohibited by the current legislation of Ukraine.
4.7. In case of ordering the courier delivery service, the User is obliged to pay the cost of the item to be delivered before the driver starts providing the courier delivery service. The driver does not purchase any items for further delivery at their own expense.
4.8. In case of ordering the courier delivery service, the User has the right to take a picture of the Driver with the delivered order. The User undertakes not to use such photographs for any other purpose, except for proper confirmation of receipt of the order.
4.9. In the case of ordering the courier delivery service, the Driver has the right to take pictures of the package and the sender upon receipt and the package and the recipient upon delivery of the order. The Driver undertakes not to use such photos for any other personal purposes, except for proper confirmation of the delivery of the order and the integrity of the package. The sender and recipient of the order have the right to refuse to be photographed.
4.10. The User has the right to cancel the order by notifying the Driver in advance by phone.
4.11. If, after the arrival of the Driver to the place specified by the User, the User notifies the Driver of the cancellation of the trip, the User is obliged to compensate the Driver for the cost of travel to the place of destination by paying the Driver an amount equal to the cost of the minimum tariff “Economy Standard”.
4.12. The Driver has the right to add the User's phone number to the Black List:
4.12.1. In case of the User's refusal to compensate the Driver's travel expenses upon their arrival at the place of destination.
4.12.2. In case of underpayment by the User of the full cost of the services provided by the Driver.
4.12.3. In case the User causes damage to the vehicle or the Driver's health or causes other losses to the Driver, provided that the User has not reimbursed such losses.
4.12.4. In the presence of other justified reasons that have arisen while providing services to the User.
4.13. In case of untimely notification of the Driver about the cancellation of the order or in the absence of such notification, the User's phone number is added to the Black List, and subsequent orders of such User will be serviced at the sole discretion of the Drivers.
4.13.1. If, after the arrival of the Driver to the place specified by the User, the User does not meet the Driver and does not get in touch further, the User's phone number is added to the Black List, and subsequent orders of such User will be served at the sole discretion of the Drivers.
4.14. The User's phone number can be removed from the Black List if the following terms are met all at once:
4.14.1. the User has paid the fine established by this Agreement in favor of the Administrator;
4.14.2. the Driver has notified the Administrator that all claims between them and the User have been settled;
4.14.3. by the decision of the Administrator to remove the number from the Black List.
4.15. The User shall pay a fine to remove their phone number from the Black List to the Administrator's details in the following amount:
4.15.1. for the first violation of clause 4.12.1 / clause 4.13 / clause 4.13.1 of this Agreement – 100 UAH
4.15.2. for the second violation of clause 4.12.1 / clause 4.13 / clause 4.13.1 of this Agreement – UAH 200;
4.15.3. for the third violation of clause 4.12.1 / clause 4.13 / clause 4.13.1 of this Agreement – UAH 500;
4.16. In case of the fourth violation of clause 4.12.1 / clause 4.13 / clause 4.13.1 of this Agreement, the User's phone number shall not be removed from the Black List.
4.17. When removing the User's phone number from the Black List, the Administrator has the right to keep such number in the archive for the purpose of accounting for the Users included in the Black List.
4.18. The User has the right to use the services of an interpreter by selecting a Driver cooperating with an interpreter on the Website.
4.19. The Driver shall not be liable for the loss, damage or destruction of the User's forgotten personal belongings. If the Customer forgets their personal belongings in the vehicle, the Driver shall not be liable for their loss, damage or destruction. In case of finding belongings forgotten by
the Customer, the Driver has the right to deliver them to the Customer for a fee, the amount of which is agreed between the Driver and the Customer. If the Customer refuses to pay for the delivery of the forgotten belongings, the Driver shall have the right to dispose of such belongings at their own discretion.

5. PAYMENT AND SETTLEMENT PROCEDURE

  5.1. Payment for the transportation services of the Drivers shall be made by the User in accordance with the tariffs posted by the Driver on the Website.
5.2. The User shall pay for the transportation services directly to the Driver. Payment for the services shall be made in any manner agreed with the Driver, namely by handing over cash or by bank transfer to the Driver's current account.
5.3. The cost of the transportation services shall be calculated depending on the established tariff and the readings on the Driver's meter unless otherwise agreed by the User and the Driver.

6. LIABILITY OF THE PARTIES

  6.1. The services under this Agreement are provided on an “as is” and “as available” basis. The Administrator disclaims any representations and warranties, express, implied or statutory, not expressly stated in this Agreement, including the warranties of quality, suitability for a particular
purpose and non-infringement of intellectual property rights.
6.2. The Administrator does not make any representations, promises or warranties regarding the reliability, timeliness, quality, suitability or availability of the transportation services or any services or goods requested through the transportation services, or that the provision of the services will be uninterrupted and trouble-free.
6.3. The Administrator does not guarantee the quality, suitability, safety or capabilities of the Drivers. The User agrees to bear all risks associated with the use of the ordered services to the maximum extent permitted
by law.
6.4. The Administrator shall not be liable for indirect, incidental, unforeseen, punitive or other damages, including lost profits, lost property, personal injury or for damages related to the services
or otherwise caused by the use of the services.
6.5. The Administrator shall not be liable for any damage to life and health, any losses, direct and/or indirect material damage, intangible damage, monetary expenses incurred as a result of the use or
non-use by the User of the information posted on the Website.
6.6. The Administrator does not undertake and does not guarantee that access to the Website will be uninterrupted or error-free. In case of any malfunctions in the operation of the Website, the Administrator will try to fix them as soon as possible.

7. FORCE MAJEURE

  7.1. The Parties shall be released from liability for full or partial non-fulfillment or improper fulfillment of their obligations if it is caused by circumstances of insuperable force (force majeure) that the Parties could not foresee or prevent by reasonable actions. In the event of force majeure, the deadline for fulfillment of obligations shall be postponed for the duration of such circumstances.
7.2. Under force majeure the Parties understand the circumstances that occurred after the signing of this Offer as a result of extraordinary events, such as vehicle breakdown, road traffic accident, prolonged traffic jam, unforeseen deterioration of the driver's health, war, hostilities without a
declaration of war, mass riots, strikes, lockouts, coups d'état, natural disasters (hurricanes, earthquakes, floods, fires, etc. ), if such circumstances have led to an objective impossibility for the Parties (a Party) to fulfill their obligations under this Agreement.

8. PERSONAL DATA

  8.1. All issues related to the collection, use, processing and protection of the User's personal data shall be governed by the Privacy Policy posted on the Website.

9. DISPUTE RESOLUTION PROCEDURE

  9.1. All possible disputes arising or that will arise from the relations governed by this Agreement shall be resolved in the manner prescribed by the current legislation of Ukraine at the location of the Administrator.

10. MISCELLANEOUS

  10.1 This Agreement shall be governed by and construed in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
10.2. The Administrator may supplement or otherwise amend this Agreement without prior notice to the User. The User hereby agrees to any amendments to the Agreement without obtaining any special confirmation from the Administrator.
10.3. Given the free use of access to the Website, the provisions on consumer protection provided for by the legislation of Ukraine shall not be applicable to the relationships between the User and the Administrator.
10.4. Nothing in this Agreement shall be construed as establishing between the User and the Administrator of agency relations, assignments, partnership relations, joint venture relations, labor
relations or any other relations not expressly provided for in this Agreement.
10.5. If, for any reason, one or more provisions of this Agreement are declared invalid or unenforceable, this shall not affect the validity or enforceability of other provisions of this Agreement.

11. DETAILS

  Individual Entrepreneur Melentiev Vitalii Valeriiovych
TIN: 2837700832
Place of registration:
41 Bilynskoho Str., apt.1, Lviv City, 79053
JSC “FUIB”, code 2837700832
account UA173348 5100 0002 6201 1171 25296
_____________ IE Melentiev V.V.

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