The conditions set forth in this document, hereinafter referred to as the "Agreement", constitute an agreement between the company "CarGoo", represented by FOP Babych Oleksandr Oleksiyovych, and users, hereinafter referred to as the "User".
A user is a natural or legal person who uses the operating system to perform a specific function or task. User information is called a user profile or user account.
An account is collection of data about a user stored in a computer system, which is necessary for his identification (authentication) and providing access to his personal data and settings.
Access rights are a set of rules governing the procedure and conditions for a subject's access to objects of the information system (information, its carriers, processes and other resources) established by legal documents or the owner of the information.
This Agreement defines the conditions according to which the User can use the corresponding “CarGoo” Application and all sites affiliated with it within the CarGoo Service. Use by the User is carried out solely in accordance with this Agreement, subject to changes or updates made by the company "CarGoo".
The company "CarGoo" does not undertake to notify the User of any changes or updates, and the User is responsible for regularly reviewing the terms of the Agreement independently. Continued use by the User of the application and/or website of the “CarGoo” service after making changes or updates is considered as the Customer's consent to the changed conditions.
Mobile Application “CarGoo” has two roles: Users - Customers (Clients) and Users - Drivers (Transport Service Providers).
1.1. Users - customers
The application and/or website of the “CarGoo” service, hereinafter referred to as the “Service”, allows the User to select the type of vehicle and send a request for the provision of transport services to the Transport Service Provider, and the “CarGoo” Service determines the type of vehicle, its location and request details, and sends the received information to the Transport Service Provider. The Transport Service Provider has the right to accept or reject every request for transport services. The Transport Service Provider also has the exclusive and complete right to use the Application, which allows the User to receive information about potential Customers through the Application. If the Transport Service Provider accepts the request, the Application notifies the Customer and provides information about the Transport Service Provider – including its make, type, vehicle number, last name, first name, patronymic, service rating, and the Transport Service Provider’s contact phone number. The application allows the User to view the route taken by the car to the destination in real time.
1.2. Users - drivers
CarGoo application allows Transport Service Providers receiving requests for the provision of transport services, determining and sending the location of the User-customer, who has sent a request for receiving transport services. User-customer has the right to reject each separate request for the provision of transport services. User-customer also has the exclusive and complete right to use the Application, which allows receiving information about the Transport Service Providers via the Application. The Application provides the Transport Service Provider with information about the User-customer, including full name, contact phone number, vehicle delivery address and destination. The Application allows the Transport Provider viewing the vehicle delivery and destination route in real time.
CarGoo Application provides the ability of communication between Users-customers and Users-Transport Service Providers by providing mobile phone numbers in order to receive/provide high-quality transport services to Users.
2. Provided services
The services of the “CarGoo” Service are a technological platform that allows users of the “CarGoo” mobile applications or users of the “CarGoo” websites provided as part of the Services provided (each of them referred to as the “Application”) to organize and plan transportation and/or provision of transportation and logistics services with the participation of independent third-party transportation service providers, including independent third-party transportation companies and independent logistics service providers, in accordance with this agreement. The "CarGoo" service provides exclusively information services and information for the receipt/provision of transport services requested/offered by a third party passenger/transport service provider, drivers, companies or vehicle operators (The Transport Service Provider), which can be requested using the Service “CarGoo”, which you can download and install on your mobile device. All services provided, which you can receive using the “CarGoo” Services of the Application and/or through the Site, are hereinafter referred to as the Services.
User acknowledges that CarGoo COMPANY DOES NOT PROVIDE IMPLEMENTATION OF TRANSPORT OR ANY OF TRANSPORT AND LOGISTICS SERVICES and do not function as a transportation company, and such transport or transport and logistics services are provided by independent third-party contractors (carrier) who is not an employee of US CarGoo OR ITS AFFILIATED PERSON.
THE SERVICES ARE PROVIDED ON THE BASIS OF AVAILABILITY AND AS IS. CarGoo DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR PRESENTED BY LAW, NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF WARRANTY, OF WARRANTY AND, CarGoo COMPANY MAKES NO REPRESENTATIONS, PROVIDES WARRANTIES AND NO WARRANTY REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED ON THE SERVICE, OR THAT THE PROVISION OF SERVICES WILL BE UNINTERRUPTED OR perfectly. CarGoo DOES NOT WARRANT THE QUALITY, FITNESS, SAFETY OR OPPORTUNITY OF THIRD PARTY SUPPLIERS. THE USERS AGREE TO BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE PROVIDED SERVICES AND THE SERVICES REQUESTED IN THIS CONNECTION, EXCLUSIVELY AND TO THE MAXIMUM EXTENT IN WHICH IT IS PERFECTED.
CarGoo DOES NOT HAVE ANY OBLIGATION OR RESPONSIBILITY TO THE USERS IN REGARDING THE TRANSPORTATION, CARRIAGE PROVIDING YOU OR ANY TRANSPORTATION AND LOGISTICS SERVICES BY THIRD PARTY.
Some Services may have additional terms and conditions applicable to a special occasion, activity or promotional event. However, such additional rules will be disclosed to users in connection with the respective Services. Additional Terms are in addition to the Terms for the provision of the respective Services and are considered an integral part of these Terms. Additional terms shall prevail over these Terms if they conflict with them in relation to the applicable Services.
3. How to use the services and application
3.1. For clients (customers)
Install the app/open in a web browser on your device. Go through authorization, enter your mobile phone number, enter the code received in SMS. After logging in, you are taken to the order screen, select the desired type of van (CARGO) among the list that you see on the screen. It will automatically detect/define your location in the "From" line. Enter your destination in the “Where to” field. Select the date and time you want to perform the service. Add the comment to the field “additional information”, in order Driver to have all the necessary information about the transportation or the specifications of the cargo. Press the button "CALCULATE ORDER" (to observe the information about the distance, price and time) - then press the button "ORDER CAR". Continue ordering and the application will switch to the status of searching for the nearest vehicle. All drivers who are in the nearest radius from you will see your request, will accept the order, offering a pick-up time from 5 to 30 minutes. After the driver accepts your request, you will see a notification with data on the found transport service provider, time of delivery, driver's name, patronymic, make, model and license plate of the car. Watch your van approaching you. If necessary, you can call the driver directly from the application. Upon arrival at your address, the counter of the time of rendering services to you is turned on, an audible and visual notification will sound. Carry out your trip. At the destination, the driver will press the “ORDER COMPLETED” button. At this moment the timer stops and the cost of the trip is calculated based on the actual trip time and mileage. Make a payment with the driver in cash or pay for the order with a payment card, having previously added and authorized it in the application. The order is over and you can order the next shipment. If you place a long-distance order (over 100 km from the place of delivery of the car), the full cost of the order is booked on your payment card, and upon completion of the order at the destination, this amount is debited from your card. If you canceled a long distance order before it starts, your booked amount will be instantly returned to your payment card. If the Transport Service Provider canceled your long-distance order for the indicated reason before it starts, your booked amount will be instantly returned to your payment card.
3.2. For drivers
Install the application on your device, open the app. Complete the authorization, enter your mobile phone number on which the application is installed, click "CONFIRM", enter the code received in SMS. After the successful verification you will be redirected to the screen “DRIVER”, enter your full name and provide the photos of your driver licence (front and back), press the button “CREATE ACCOUNT”. Next screen you are on is “CAR”, where you will be asked to provide the photos of your car and general information about the car (type of car, mark, model, color, state registration number, color, year of manufacture). Press the button “ADD CAR”. Upon viewing your box truck, the administrator will send you a notification that your profile has been verified and you can start accepting orders. In the mode of waiting for orders, you can see the field of orders, which is divided into two tabs. The first tab is “new” – the tab for current orders, the second is “accepted” – the tab of orders you previously accepted. When the next orders appear, you will receive notifications with a list of orders, which displays the route and the cost of the order. In case if the application is minimized, then orders will appear on the phone's home screen in the form of notifications, where by clicking "WATCH" you will enter the application and a detailed overview of the order. Press the button "TAKE THE ORDER", where the estimated time of arrival to the client is indicated. In case if your estimated time does not suit you, you can manually change the delivery time from 5 to 30 minutes for orders within a radius of 100 km and from 15 to 90 minutes for intercity orders over 100 km. GO TO THE CUSTOMER’S SPECIFIED ADDRESS. You can see the approaching to the customer on the map. Upon arriving at the address, press the button "ARRIVED AT THE ADDRESS". The service start timer will turn on and you shall wait for the customer to come to you. After boarding/loading of the customer/cargo to your box truck, press the button "START TRIP" and go to your destination. Upon arriving at the destination, having disembarked/unloaded the customer/cargo, press the button "COMPLETE THE TRIP". At this time, the timer for calculating the time of services stops and the customer will be asked to pay for service. If the customer pays for the order by card, payment will be received AUTOMATICALLY. In case the customer pays with cash, accept the payment from the customer. Confirm the payment by clicking the button "PAYMENT RECEIVED". Pay the service fee, enter your payment card details, and confirm the payment. The payment card details shall be entered once. All the data of your card is stored by the financial company. At the next payment of the fee, you will only confirm the payment by clicking one button. If necessary, you can enter details of several payment cards and, while paying a fee, choose from the list of your cards which is convenient for making a payment. The fee is paid every time, for every order, at the end of every completed order. Without paying for the order, the service will not automatically allow you to accept the next order. In case of payment for the order with the client's card, you’ll receive payment of the order value immediately upon completion of the transaction to your payment card (payment account). In case if a long-distance order is fulfilled with a client's card, you will receive payment of the order value immediately upon completion of the transaction to your payment card (current account), minus the service fee.
4. Terms of Service
Freight transportation services are provided in all regions of Ukraine.
Orders are received to all service providers within a radius of 10 km anywhere in Ukraine.
Orders within a radius of 100 km are calculated as the sum of the actual mileage and time per minute.
Orders over 100 km are calculated based on one-way mileage.
Persons over 18 years of age are allowed to use the Service. Users are prohibited from allowing third parties to use your Account, Applications, as well as allowing persons under the age of 18 to receive certain transport and logistics services from Transport Service Providers, if the User does not accompany such persons. The User does not have the right to transfer rights to the Account, Applications, or otherwise transfer his Account to any other legal or natural person. By using CarGoo Services, you agree to comply with applicable law and you may only use the Services for lawful purposes.
When using / performing the Services, you agree not to cause inconvenience, concern, difficulty or material damage to each User, as well as to any other party. In certain cases, Users may request to provide proof of identity in order to receive / perform the Services; at the same time, Users agree that they may be denied access to the provision of the Services or may be deprived of the performance of the Services if you refuse to provide proof of identity.
The company may deactivate any accounts associated with fraudulent activity, including:
a) deliberate increase in travel time or distance;
b) accept travel requests without intent to complete, including provoking customers' users to cancel;
c) creating accounts with fake data or for fraudulent purposes;
d) demanding payment of fees or charges on a false or fraudulent basis;
e) deliberately taking or committing fraudulent or falsified travel and other unauthorized actions that the company may regard as fraudulent;
f) in case of refusal to pay for transportation services;
g) it is forbidden to offer and perform the services of other carriers and loaders;
h) any actions related to fraud and using the service not for the purposes of the CarGoo service.
4.1. Obligations of the customers
The customer is responsible for:
- the cargo before full loading and during full unloading of the car.
The customer is obliged to:
- before starting the order, determine the type of car
- take into account that typical cars, depending on the make and model, may differ in the size of the van +/- 10%
- make the right choice of a car based on the type, size and volume of the car
- enter the correct destination of the route
- accurately indicate all intermediate cargo delivery addresses
- carry out loading and unloading of baggage / cargo on its own
- be in a truck with a driver when transporting cargo.
The customer is prohibited from:
- exceed the carrying capacity / volume / dimension of the transported cargo
- require traffic violations from the Transport Service Provider
- open and drink alcoholic beverages in the car
- smoking in the car
- carry out the transport of prohibited or hazardous materials
4.2. Obligations of the drivers
The driver is responsible for:
- the cargo transportation from the moment of complete loading to the moment of complete unloading.
The driver is obliged to:
- be 20 to 60-year-old
- have at least 1 year of driving experience
- be registered as an individual or legal entity
- have all the necessary licenses, insurance and other permits to carry out transportation activities
- reliably indicate all registration data
- follow the route chosen by the User-Customer
- have cargo fixing straps
- fulfill the requirement from the User-Customer for fixing the cargo with fixing straps
- forward all requests of the Client for additional services (loaders, packers, etc.) to the CarGoo service operator
- all requests for additional services should be sent to the CarGoo service operator by phone or in the company's chat (your car with additional services will be assigned to this order).
The driver is forbidden to:
- carry out transportation in case if the cargo/its volume/dimension exceeds the carrying capacity of the vehicle
- violate traffic rules during the execution of the order
- transport prohibited or hazardous materials
- agree on another time and additional services with the Client
The company may deactivate any accounts associated with fraudulent activity, including the following:
a) deliberately increasing travel time or distance;
b) accept travel requests without intent to complete the order, including provoking Users-Customers to cancel the order;
c) creating driver accounts using fake data or for fraudulent purposes;
d) demanding payment of fees or charges on a false or fraudulent basis;
e) deliberately taking or committing fraudulent or falsified transportations and other unauthorized actions that the company may regard as fraudulent.
Additional User Terms are also presented in the INSTRUCTIONS section of the Company's website.
5. Payment for services
Downloading and installing the CarGoo App is free of charge. The Company reserves the right to impose a fee for installing and downloading the Application.
The cost of transport services is provided on the Company's website and in the Application. The cost of transport services can be changed or updated by the Company at any time. The user, the customer, is obliged to independently familiarize himself with the current tariffs for transport services. Payment for the cost of transport services is carried out exclusively on the basis of the actual time of service provision and mileage. Payment for services is made in national currency.
For providing information to the Transport Service Provider, the Company will charge a fee ("Commission") from the Transport Service Provider. The Commission is paid by the Transport Service Provider for each completed order provided by the Company. The company reserves the right to introduce a fee for late cancellation of an order by a transport service provider. The User Provider of transport services undertakes and agrees to pay for each order provided by the Company from the account of the User of the Transport Service Provider. The User Transport Service Provider is responsible for the timely payment of all payments and the provision of a valid credit card account to pay for orders received in non-cash form. Any payment in cash or non-cash from the User of the customer or the User of the Transport Service Provider is non-refundable.
Commission rates for the provision of the Company's Services establish and determine the volume and cost of the Services provided by the Company. Information on tariffs, commissions and payment procedure is posted on the Company's website.
The Company has the right to unilaterally revise the procedure, form and cost of payment ("Tariffs") and change or introduce new tariffs for newly introduced or existing services. The Company notifies the Users of the Services about the new tariffs by publishing them on the Company's Website. The date of entry into force of the new Tariffs for the provision of Services and / or the procedure for payment for the Services is the date after 3 (three) calendar days after the publication of the changes on the Site.
The payment structure of the Application is designed to ensure the production of cashless payments for the services provided to the Users and the Company Commission. The Application integrates a payment system of a third-party Financial Company, which assumes responsibility for the implementation of all transactions, storage and security of all data on the User's card accounts. The Financial Company may block or charge a fee to identify the User. The Financial Company may charge a fee for each transaction from both the Transport Provider and the Customer's User. All questions regarding the transaction rates of the Financial Company can be obtained on the website https://wayforpay.com/
All awards are voluntary. CarGoo is not a tax agent.
6. Liability and compensation
By accepting these User Agreement and using the Applications or Services, Users agree to protect the Company, its affiliates, its licensors, and each of the officers, directors, other users, employees, lawyers and agents from and against all claims, costs, damages, damages, obligations and expenses (including legal fees and expenses), as well as to compensate for losses resulting from or arising from:
a) violation of one of the terms of this User Agreement or any applicable law not mentioned in this document.
b) violation of the rights of third parties, including the Transport Service Provider.
c) use or misuse of the Application or Services.
CarGoo does not guarantee that the Service or any part of it will function on any particular device or hardware. Also, the functioning of the Service may be affected by failures and delays caused by the operation of the Internet and electronic communications, the quality of the GPS signal and other interference not related to the functioning of the Service.
All information, recommendations and / or services provided to you through the Application or Site are used for general information purposes and do not constitute advice. The Company checks and updates the information of the Site and the Application, but does not guarantee that this information does not contain errors, flaws, computer virus programs or the complete correctness and accuracy of the Site and / or Application.
The Company is not responsible for any losses resulting from the use or inability to use the Site or the Application, including losses caused by virus programs or any inaccuracy of information contained on the Site or in the Application.
In the present and in the future, the Company does not bear any responsibility for losses as a result of the use (or inability to use) your mobile devices and other electronic means of communication of the Site or the Application, including for losses associated with non-fulfillment or delays in the provision of mobile communications, the Internet and / or interception or use of electronic communications by third parties or computer programs that are used in the field of electronic communications and transmission of viruses.
For the quality, insurance, licenses, safety of baggage / cargo and other permits for the provision of transport services requested by the User by the customer through the use of the Application or the Site, the User is fully responsible for the Transport Service Provider. The company under no circumstances takes responsibility for the quality, availability of insurance, licenses, safety of baggage / cargo and other permits for the provision of transport services to the User to the customer, as well as any other actions, performance or non-performance, behavior and / or negligence on the part of Transport service provider. All complaints about the Services received by the Transport Provider are made exclusively to the Transport Provider.
In case of violation of the rules for using the CarGoo service, the Transport Provider will be blocked. The cost of unlocking the first level is UAH 500, unlocking the second level is UAH 1,000, unlocking the third level is UAH 5,000.
7. CarGoo Community Rules
7.1. Community policy
Our goal is fast and reliable cargo transportation for all Users and any location in Ukraine. This is possible only when the Customers trust the drivers, and the Drivers trust the customers. Therefore, CarGoo has community guidelines that take into account the appropriate behavior expected from both sides. Users who violate these Rules or our terms of service may be prohibited from using CarGoo, temporarily or permanently, depending on the severity of the violation.
Users and customers are fully responsible to Users and transport providers.
Users and transport service providers are fully responsible to Users and customers.
The Company is not obliged to comment on the disconnection of Users. All Service Users - both drivers and customers - agree to abide by this community policy when using the App and Site. These guidelines create a common standard of mutual respect, accountability and general courtesy for all Users.
7.2. Disconnection order
General criteria for deactivating the User: low quality; alcoholic and drug intoxication; fraud; security breach; discrimination and other actions of Users that do not comply with the norms of ethics, morality and partnerships.
If your User account has been deactivated, you are not allowed to register alternative accounts with CarGoo without the individual permission of the Company.
7.3. Intellectual property
Everything that is presented in the Application and on the CarGoo Website: business model, business processes, colors, logos, styles, texts and more, are the intellectual property of the Company. Any duplication, imitation or use may result in legal liability.
7.4. Interaction with a third party
Users represent and warrant that they are the sole and exclusive owners of their account and User Content or that you have all the rights, licenses, approvals and permissions of the Company. And neither User Content, nor any User-provided, uploading, posting or other means of making available such User Content, nor CarGoo's use of such User Content as permitted by this document, infringes on the intellectual property or copyright of third parties or the right to publicity or privacy, and will not violate applicable laws and regulations.
Users agree not to provide User Content that is defamatory, defamatory, hateful, violent, obscene, pornographic, illegal or offensive as determined by CarGoo in its sole discretion, whether or not the provision of such material is protected by law. CarGoo may, but is not obligated to, review, control or remove User Content in its sole discretion, at any time and for any reason, without sending you notice.
While using the Site, Application and Services, you may be offered links to websites that are owned and controlled by third parties in order to enter into correspondence, purchase goods or services, participate in promotions of third parties. These links help you navigate to websites or applications that are outside the control of the Company.
The websites you visit via links have their own separate terms and conditions and privacy policies. The company is not responsible and cannot be held responsible for the content and activities of these sites. Therefore, Users visit or access these websites solely at their own risk.
Users undertake not to transfer their rights to third parties without prior written consent from the Company.
8. Notifications (SMS, push ...)
By creating an Account, you agree to receive text messages (SMS), and instant push notifications as part of your normal business activities when using the Services provided. Each user at any time can refuse to receive SMS or any other notifications from CarGoo by sending an email to [email protected], specifying the phone number of the User's mobile device, and the reason why the User no longer wants to receive such messages. The user acknowledges that refusal to receive any other notifications from CarGoo may affect the use of the Services.
The Company may send account notices by means of a general notice or by e-mail to the User's email address, or by a written message sent by mail to the User's address.
Users are responsible for obtaining access to the data network required to use the Services. When you access or use the Services via a wireless device, the tariffs of your mobile network for SMS and for any other data transfer may apply, and Users are responsible for paying such tariffs.
Users are responsible for purchasing and updating compatible hardware or devices necessary to access and use the Services of the Service and Applications, as well as to receive any updates to them.
CarGoo does not guarantee that the Service or any part of it will function on any particular hardware or device. In addition, the operation of the Delivery Service of any Service notifications may be affected by failures and delays caused by the Internet and electronic communications.
9. Changes to the services provided and the terms of the user agreement
The Company reserves the right, at its sole discretion, to change or replace any of the terms of this User Agreement, or change the status of use, suspend or terminate the Application or the provision of Services (including termination of access to any functions, databases or information) at any time by notification in the Application, SMS, posting on the Site or by sending the necessary notification by e-mail. The Company may also impose restrictions on the use of certain functions and services or restrict your access to some or all of the services without prior notice to the User.
10. Licenses, Limitations and Copyright Protection
10.1. User license
The Company has a non-exclusive, gratuitous right to use, copy, distribute and transfer to third parties the User Content for any purpose, in any environment and worldwide ("License Grant").
The Company, at its discretion, may allow Users to send, upload, publish, transmit or provide User Information on the Site or through the Services or the Application. The User's Content contains confidential and non-proprietary information.
Users agree that the Company acts only as an agent for the dissemination of User Information and does not bear any responsibility to Users or any third party for its content and accuracy. The Company does not undertake to conduct constant control and monitoring of the information of the User Content published by the Users.
Users agree that any comments, remarks, opinions, suggestions and any other information that relates to "User Content" may not always coincide with the information of the Company.
Users use User Content solely at their own risk. Users guarantee that any information in the User's Content published or transmitted by the Users is not plagiarized or otherwise violates the rights of third parties to intellectual property, rights to privacy or human personality, and does not contain defamatory or disparaging statements. In addition, Users warrant that all Users have the legal capacity to issue a license as provided in this clause.
Users agree to compensate or reimburse the Company, its representatives and licensees for all costs, expenses and losses incurred by the Company or its representatives if these losses are caused by any User information published by the User or transmitted to the User, or in connection with the use of the Site, Services or Application.
The Company reserves the right to block or delete (in whole or in part) any information of the User's Content published or transmitted to the User, which the Company considers to be inconsistent with this User Agreement (including materials that violate or may violate the property rights or privacy rights of third persons), or for other reasons unacceptable for the Company.
Users agree to immediately notify the Company in writing when using any User Information that violates this User Agreement. Users agree to provide the Company with all the necessary information to investigate such violations when using User Information. The Company agrees to investigate any complaints in good faith and take steps to resolve such complaints. At the same time, the Company does not guarantee and does not declare that it will completely or partially delete or block the User's Content.
10.2. Application license
Based on your consent to these terms of this User Agreement, the Company grants the User a limited, non-exclusive, non-transferable license to download and install one copy of the Application on one mobile device owned by the User solely for personal use.
The user undertakes not to:
1) sell, resell, transfer to third parties, distribute or use for commercial purposes a license to the Services or Application;
2) modify or perform derivative or arbitrary works with the Services or the Application;
3) create Internet links to the Services or “use” the Application on any other server or wireless Internet device;
4) compile or decompile the Application in order to develop a competitive product.
5) develop or create a product using similar ideas, capabilities, functions or graphics, Services or Applications, copy any ideas, capabilities, functions and graphics of the Services or Applications;
6) run an automated program or script, including web spiders, web robots, web ants, web indexers, viruses and worms, or any program that makes several requests to a server per second, or interferes with the Services or Applications;
7) send spam or duplicate unwanted messages in violation of applicable law;
8) send or store information that violates the rights, offensive, threatening, libelous or illegal information, including information that is harmful to children or violates the privacy rights of a third party;
9) send or store materials containing computer viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs;
10) interfere with the operation of the Site, Application or Services;
11) try to gain unauthorized access to the Site, Application or Services, or related systems or networks.
The Company, in its sole discretion, is entitled by law to investigate and prosecute violations of any of the above actions. The company has the right to cooperate with law enforcement agencies in the prosecution of users who violate this User Agreement.
The User agrees that the Company is not obliged to monitor the status of access or use of information from the site, Applications and Content, or to edit the Content, but has the right to do so in order to improve the operation of the site, Applications and Services, in order to ensure compliance with this User Agreement or current legislation, according to by order or demand of a court, administrative body or other government agency.
The Company reserves the right, at any time and without prior notice, to remove or disable access to any information of the Company if such access violates this User Agreement or is harmful to the Site, Services and Applications.
10.3. Copyright protection
The company complies with copyright law and expects its users to do the same. The Company has the right to block Users who violate copyrights or infringe on the copyrights of other Users.
10.4. Intellectual property rights
CarGoo has ownership of all rights and interests, including intellectual property rights to the Site, Application and Services, as well as any suggestions, ideas, requests for improvements, reviews, recommendations or other information provided by Users or another party when using the Site. , Apps or Services.
This User Agreement is not for sale and does not transfer to you any title to the Site, Application or Services, or any intellectual property rights owned by the Company. The Company name, logo, and product names associated with Applications and Services are trademarks of the Company, its subsidiaries or third parties, and may not be used for the personal purposes of any Users.
Services may also be accessed or obtained by Users in connection with services and content of third party providers (including advertising) that are not under the control of the Company. Users acknowledge that different terms of service and privacy policies may apply to your use of such services and third party content. The Company does not endorse such services and content from third party providers and will under no circumstances be responsible for any products or services of such third party providers.
In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or their respective international subsidiaries and affiliates are third party beneficiaries to this agreement if you access the Services using Apps developed for Apple iOS, Android, Microsoft Windows, or Blackberry mobile devices, respectively. These third party beneficiaries are not parties to this contract and are in no way responsible for the provision or support of the Services. Users' access to the Services using these devices must be carried out in accordance with the terms set forth in the relevant rules for using the services of third-party beneficiaries. When you download any application available on the Apple App Store ("App Store Sourced Application"), you will only use the App Store Sourced Application:
a) using an Apple branded product that runs on IOS (Apple's own software operating system);
Users agree that:
a) this User Agreement is valid only between Users and the Company, not Apple;
b) The Company, and not Apple, is solely responsible for the content of the App Store Sourced Application. Use of the App Store Sourced Application must comply with the App Store Terms of Service.
Users also acknowledge that Apple is under no obligation to provide the service and support required when using the App Store Sourced Application.
In case of any App Store Sourced Application malfunction that is covered by the warranty, you can report it to Apple and Apple will refund the purchase price of the App Store Sourced Application, subject to applicable law, Apple has no other obligation under the App Store Sourced Application warranty. In the relationship between the Company and Apple, any other claim, loss, liability, cost, or expense arising from any failure to comply with warranties is the sole responsibility of the Company.
Users and the Company agree that in the relationship between the Company and Apple, Apple is not responsible for resolving any claims that you or third parties have in connection with the use, including claims for the quality of the product, as well as any claims that the App Store Sourced Application does not comply with legal and regulatory requirements and claims for consumer protection or similar laws.
Users and the Company agree that Apple and Apple subsidiaries are third party beneficiaries associated with the App Store Sourced Application User License, and that after User accepts this User Agreement, Apple, as a third party beneficiary, will have the right to exercise rights against you. as an App Store Sourced Application user.
By complying with the terms of this User Agreement, you agree to comply with all necessary terms of other agreements when using the App Store Sourced Application.
Users and the Company agree that they will be subject to the agreements and updated agreements of Google Inc. posted on the official website https://play.google.com
Users and the Company agree that they will be subject to Apple's agreements and updated agreements posted on the official website https://www.apple.com/legal/internet-services/itunes/ru/terms.html
11. Term and Termination of Agreement
This Agreement is drawn up in the form of a public offer and is concluded between the Company and the Users for an indefinite period.
Users have the right to terminate this Agreement at any time by removing the Application installed on your smartphone, thereby refusing to use the Applications and Services of the Company. Users can close their account at any time by writing a request to [email protected].
The Company has the right to terminate the Agreement at any time and with immediate effect, blocking your access to the Application and Services, if the User violates or has violated any of the terms of this User Agreement, or, in the opinion of the Company, abuse the Application or the Services. The Company does not undertake to notify the User or Users in advance about the termination of the Agreement and the provision of services. After the termination of the Agreement and the Services, the Company notifies the user in accordance with the terms of this Agreement.
13. Final provision
Any form of slang, use of unethical or offensive terminology, by e-mail, telephone, notice or in person, may automatically lead to the termination of the provision of the Services without the possibility of providing such in the future.
All information and conditions that are posted on the Site and / or Application, including texts from frequently asked questions and terms of service, are real and constitute an integral part of this agreement. The Terms of Service are considered as an agreement between the Company and the Users at the moment when the User has entered the Site or installed the Application.
The company is not responsible for the relationship between the Transport Service Provider and the User-customer. The company assumes responsibility only for those services that are mentioned in this Agreement.
The Company has the right to record interactions with or between Users, using all types of the Internet, telecommunications and video surveillance equipment, including to save letters and recordings of telephone conversations, which the Company can use to protect its own interests in the event of legal disputes.
The company has the right to change the terms of service after informing the User(s) and regardless of his / their consent.