The administration of LLC "Kargolink Rus", hereinafter referred to as the "Administration", grants any person (legal entity or individual, including an individual entrepreneur) the right to use the mobile applications of Kargolink for Android\iOS (hereinafter referred to as Applications) after registering this person in the Applications (hereinafter referred to as the Kargolink Platform)
In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is an offer addressed to an unlimited number of individuals and legal entities, including individual entrepreneurs. A person who has passed the registration procedure on the Kargolink Platform becomes a User of the Kargolink Platform. User registration on the Kargolink Platform is carried out by filling out the registration form and clicking the "Register" button located on the Application pages. In accordance with Article 438 of the Civil Code of the Russian Federation, registration is the User's acceptance of this offer (the User's unconditional acceptance of the terms of this Agreement and the expression of consent to all the terms of this Agreement).
This User Agreement has been developed in accordance with the requirements of the legislation of the Russian Federation and is aimed at regulating the relationship between the Administration and the User, determining their basic rights, duties and responsibilities.
1. TERMS AND DEFINITIONS USED IN THE AGREEMENT
1.1. The following terms and definitions are used in the text of this User Agreement:
1.1.1. The "Kargolink" database (Database, DB) is a regularly updated information resource organized in accordance with certain rules and representing a set of user data about loads, which are supposed to be transported on specific dates and routes, about cars offered for the transportation of goods on the corresponding dates and routes, and other information. The database is designed to meet the information needs of shippers, consignees, carriers, drivers and other participants in the cargo transportation market when they carry out business activities. The right to use the Database is granted on the basis of a sublicense agreement.
1.1.2. A visitor to the Website and Applications is an individual, an individual entrepreneur or a legal entity who has gained access to the Website and Applications via the Internet.
1.1.3. User – a visitor to the Site and Applications who has passed the registration procedure on the Site or Applications, has his personal pages (Card and Cabinet) posted on the Site and in Applications.
1.1.4. The User's Account is a set of protected pages on the Website and in Applications created during User registration, which has its own structure, a certain set of functions and areas of personalized application. Access to the Cabinet is carried out by the User by entering their Credentials.
1.1.5. User Card — a page on the Site with contact and other information about the User, accessible to all Visitors of the Site.
1.1.6. Clone — A User who has registered on the Site and in Applications more than once under a different or the same name. The Administration determines the Clone based on the technical and other information available to it, indicating that the same person acts on the Site on behalf of different Users.
1.1.7. Moderation — review by the moderator or administrator of the information posted by the User on the Site and in Applications (or Pre — Moderation planned for placement) for its compliance with the provisions of the Agreement and the terms of the documents specified in clause 2.3 of the Agreement, as well as correction or deletion of information from the Site and Applications with or without notification to the User via a Ticket. Moderation is not the responsibility of the Administration.
1.1.8. The User Profile is a set of information available on the Cargolink Platform about the User's activities.
1.1.9. Tariffs (price list) – an appendix to this Agreement and an integral part of it, constantly posted in public access on the Website and Applications.
1.1.10. The Website and Applications are the result of intellectual activity, which is a composite work located in an information and telecommunications network under a certain network address and includes computer programs that ensure its functioning, a graphic solution( design), content (text information) posted on it, as well as other results of intellectual activity, in particular photographic images, video recordings, etc. A Website in the text of this Agreement means a Website located on the Internet under a domain name (address) – cargolink.ru, as well as its "mirrors". Applications in the text of this Agreement are understood as the following applications: - Cargo Link Parking located in the Play Market at: https://play.google.com/store/apps/details?id=com....
-Cargo Link Parking lots hosted in the AppStore: https://apps.apple.com/app/id1218161333
1.1.11. Related firms — additional firms (legal entities, sole proprietors, etc.) of the User, which the User uses in his economic activities.
1.1.12. Ticket — a sequence of questions and answers on a specific topic between the Administration and the User, transmitted through the internal electronic communication system of the Kargolink Platform.
1.1.13. Services – services provided by the Administration to the User determined in accordance with the Tariffs (price list), as well as the functional and technical capabilities of the Site and Applications.
1.1.14. User credentials — a unique User name: login and password for entering the Site and Applications specified by the User when registering on the Site and Applications, as well as any information about the User posted on the Site and in Applications.
1.2. The terms not defined in clause 1.1.of this User Agreement may be used in the User Agreement. In these cases, the interpretation of the terms is carried out in accordance with the text and meaning of this Agreement. If there is no unambiguous interpretation of the term in the text of the User Agreement, you should be guided by the interpretation of the terms: first of all, defined on the Site, and second of all, in accordance with the civil legislation of the Russian Federation.
2. SUBJECT OF THE AGREEMENT
2.1. The Administration grants the User the right to use the Site and Applications, including: - the right to read information posted on the Site and in Applications in open access; - the right to use the free service available on the Site and in Applications; — the right to search for information available on the Site and in Applications; — the right to use the Services in accordance with the Tariffs (price list). - the right to use the Site and Applications under the sublicense agreement
2.2. The Administration allows the User to exercise the right to use the Site and Applications by providing: - the ability to publish information on the Site and in Applications; - the ability to view information on the Site and in Applications; - Services determined on the basis of this Agreement, Tariffs( price list), functional and technical capabilities of the Site and Applications
2.3. A mandatory condition for granting the User the right to use the Site and Applications, in accordance with the Agreement, is the acceptance, compliance by the User and application to the relations of the Parties of the requirements and provisions defined by the following documents:
2.3.1. This Agreement and all its annexes.
2.3.2. The rules for posting information on the Kargolink Platform, which are constantly posted\ in public access on the Website at: cargolink.ru.
2.3.3. " Tariffs (price list)", permanently posted in public access on the Website at: cargolink.ru.
2.4. The Administration reserves the right to independently change the terms of this Agreement and all its integral parts without the consent of the User, but with the notification of the latter by posting on the Website a new version of the Agreement or any of its integral parts that have undergone changes. The User undertakes to independently monitor changes in the User Agreement. In case of non-compliance with this obligation, the responsibility, as well as all negative consequences, are assigned exclusively to the User himself. The new version of the Agreement and/or any of its integral parts comes into force from the moment of publication on the Website, unless another period for the entry into force of the changes is determined by the Administration when they are published. The current version of the Agreement and all its annexes is publicly available on the Website at: cargolink.ru.
2.5. In case of disagreement with the new version of the User Agreement, the User must stop using the Site and Applications, as well as notify the Administration in writing (by registered mail) or by means of tickets about the refusal to use the Kargolink Platform. If the User has not notified the Administration of his disagreement, it is considered that the User has agreed to the new version of the User Agreement.
2.6. The Administration does not guarantee that the information available at a certain time will be available at any other time during the entire term of the Agreement.
2.7. The User agrees with the rules for forming a User Profile of the Kargolink Platform and has no right to make claims to the Administration about the application of these rules in relation to the User.
2.8. By accepting the terms of this Agreement, the User hereby gives his consent to receive information, advertising and other types of mailings from the Administration via tickets, SMS to the User's phone number, as well as to his e-mail address and undertakes not to make any claims and requirements to the Administration related to the implementation of such mailings.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Rights and obligations of the Administration:
3.1.1. The Administration undertakes: - to grant the User the right to use the Site and Applications; - to provide the User with Services determined in accordance with the Tariffs (price list), in the amount, within the terms and conditions set out in this Agreement and its annexes, in accordance with the type of such Services; — not to disclose the User's Credentials (login and password) for access to the Kargolink platform. The Administration is not responsible for their receipt by third parties through no fault of the Administration, in particular, in connection with the actions of third parties, including those providing hosting services for the Site.
3.1.2. The Administration has the right to:
22.214.171.124. At its sole discretion, unilaterally change the cost of providing Services with mandatory notification of the User by posting relevant information on the Website and in Applications by making changes to the Tariffs (price list).
126.96.36.199. In case of violation by the User of the terms of the Agreement, as well as the terms of the documents specified in clause 2.3 of the Agreement:
a) refuse to perform this Agreement;
b) block the User's access to the User's Credentials;
c) cancel the Card and the User's Account;
d) suspend the provision of Services to the User for a certain period of time;
e) restrict the provision of Services to the User for a certain period or without determining the term;
f) at any time require the User to confirm the data specified during registration and request supporting documents in this regard. If the User provides false or incomplete information, the Administration has the right to apply the measures specified in this Agreement to such a User; i) collect, store, systematize and use information about the User's activities on the Site, in particular, statistics of User visits to the Site, Services rendered to him, etc.;
188.8.131.52. The Administration organizes the formation of the "Profile of the User of the Cargolink Platform" in relation to User firms in the manner and on the terms determined in accordance with the rules for the formation of the Profile of the User of the Cargolink Platform, posted at: cargolink.ru. The User hereby agrees to the rules for forming a User Profile of the Kargolink Platform and undertakes not to make claims to the Administration about the application of these rules in relation to such a User. The User profile of the Cargolink Platform is formed on the basis of various factors, in particular, the time of existence of the User's company as a legal entity or individual entrepreneur, the presence of Claims against him, etc. At the same time, the Administration or its authorized persons on the basis of decisions and/or proposals of third parties (in particular, public groups, personalities authoritative in the opinion of the Administration, etc.) have the right to change (decrease, increase) the rating of the corresponding User at their discretion on the basis of relevant data and without prior notification of the User.
184.108.40.206. Perform preventive maintenance in the software and hardware complex of the Site with a temporary suspension of the Site (if possible at night), reducing the time of inactivity of the Site as much as possible, notifying the User about preventive maintenance, if it is technically possible.
220.127.116.11 Without the User's consent, transfer data about the User of the Kargolink Platform to: - state bodies, including bodies of inquiry and investigation, and local self-government bodies at their reasoned request; - on the basis of a judicial act; - third parties and public organizations at their reasoned request in case of violation or alleged violation of their rights; - rating agencies for the formation of various ratings; - advertisers who have placed their advertising banners on the Site and Applications. By clicking on the advertising banner placed on the Cargolink Platform, the user expresses interest in the advertising offer from this advertiser , thereby confirming his consent to the transfer of personal contact data to this advertiser. — in other cases stipulated by the legislation of the Russian Federation.
3.2. Rights and obligations of the User:
3.2.1. The User undertakes:
18.104.22.168. Comply with the terms of this Agreement.
22.214.171.124. Use personal data placed in the Database in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" and all changes made to it during the term of the Agreement, namely: - use personal data from the Database only for the purpose of ensuring the functioning of the Site and Applications; - do not transfer information about other Users obtained on the Site and Applications to third parties; – if the User saves copies of User Cards from the Database on paper or electronic media, then he is obliged to do this in accordance with Federal Law No. 152-FZ of July 27, 2006 and all changes made to it during the term of the Agreement, assuming all the obligations of the operator in terms of this law; – in case of damage to other Users associated with the User's failure to comply with the requirements of Federal Law No. 152-FZ of July 27, 2006, the User is fully responsible for this.
126.96.36.199. Provide accurate, up-to-date, complete and relevant information, as well as periodically update the registration data and other information that was provided during registration to ensure its accuracy, relevance and completeness.
188.8.131.52. Independently monitor the changes made to the Tariffs (price list). In case of non-compliance with this obligation, the responsibility, as well as all negative consequences, are assigned exclusively to the User himself.
184.108.40.206. Do not transfer your Credentials to third parties. In case of non-compliance with this obligation, the responsibility, as well as all negative consequences, are assigned exclusively to the User himself.
220.127.116.11. Not to create Clones on the Cargolink Platform.
18.104.22.168. Not to accumulate and collect email addresses or any other Contact Information of Users of the Cargolink Platform by automated methods.
22.214.171.124. Do not transfer your login and password for using the Kargolink Platform to anyone. If the User does not prove the opposite, any actions performed using his login and password are considered to be committed by the User himself.
126.96.36.199. Do not use automated scripts (programs) to collect information or interact with the Kargolink Platform or the services provided by the Kargolink Platform, except for services created by the Administration specifically for such cases.
188.8.131.52. Do not take actions aimed at gaining access to other people's Credentials against the will of the persons to whom they belong.
184.108.40.206. Not to distribute / send spam (mass mailing of commercial, political and other advertising or other type of messages (information) to persons who have not expressed a desire to receive them) to Users on the Website and in Applications by any possible means (forum; form of sending a message to e-mail)
220.127.116.11. To compensate the Administration for all losses and expenses incurred by the Administration as a result of the User's violation of the provisions of this Agreement.
3.2.2. The User has the right to:
- use for their own, including commercial, purposes the information obtained on the Kargolink Platform;
- use the free service that is available in the Kargolink Platform;
- use all or part of the paid Services by paying for them;
- express your opinion on the forums of the Kargolink Platform and post your information.
4. PERSONAL DATA
4.1. The User hereby confirms that by posting his personal data in the "Cabinet" and "User Card" section, he recognizes the publicly available nature of this information and gives his consent that the relevant data is publicly available. The User also agrees to the processing of his personal data by the Administration and other Users by accepting this Agreement.
4.2. Taking into account that personal data is publicly available with the User's consent, however, the Administration, when processing personal data, undertakes to take all organizational and technical measures to protect them from unauthorized access in a way not provided for by the Kargolink Platform.
4.3. The Administration does not exclude that as a result of a failure in the operation of the Kargolink Platform, a virus or hacker attack, technical malfunctions and other circumstances, the User's personal data may become available to other persons. The User hereby agrees that he will not make claims to the Administration of the Kargolink Platform in this regard, given that he has established a public regime with respect to his personal data.
4.4. By virtue of this Agreement, by specifying their personal data in the Kargolink Platform, the User unconditionally agrees: — to provide personal data to an unlimited number of persons using the Kargolink Platform; — to process personal data by the Administration; — to use personal data in the rating; — to other actions of the Administration in relation to such data in connection with the functioning of the Kargolink Platform.
4.5. By posting their personal data on the Kargolink Platform, the User confirms that he does this voluntarily, and also confirms that he voluntarily provides the Administration with his data for processing. If the User does not agree with the above conditions, then he should not register on the Kargolink Platform or should immediately stop using the Kargolink Platform.
4.6. The Administration processes only those personal data of the User that were posted by him on the Kargolink Platform.
4.7. The Administration processes the User's personal data for the purpose of functioning of the Kargolink Platform and their processing by the Kargolink Platform itself cannot entail any negative consequences for the User. At the same time, the Administration is not responsible for the use of Users ' personal data by other persons.
4.8. The User undertakes not to use the personal data of other Users in any way that does not comply with the requirements of the legislation of the Russian Federation, for illegal or illegal purposes, for profit and for any other purposes that do not correspond to the purposes of creating the Kargolink Platform.
5. GRANTING THE RIGHT TO USE THE SITE
5.1. In order to exercise the right to use the Kargolink Platform, the User must undergo a mandatory registration procedure. Upon completion of the registration process, the User becomes the owner of the User's Credentials. To start working with the Cargolink Platform, the User must enter a username and password on the authorization page.
6. INTELLECTUAL PROPERTY
6.1. The design and program code of the Kargolink Platform, information, graphic, audio, video, photo and other content of the Kargolink Platform are the intellectual property of the Administration and are protected in accordance with the legislation of the Russian Federation. No one has the right to reproduce, copy, modify, send, transmit or distribute the posted materials in any way.
6.2. In case of violation by the User of the provisions of clause 6.1. of the Agreement, the Administration has the right to immediately take actions to block the Credentials and delete the User's Account and the User's Card from the Kargolink Platform.
7. LIABILITY OF THE PARTIES
7.1. The User independently determines the list of measures to keep their Credentials secret and ensure authorized access to them. The Administration is not responsible for losses caused to the User as a result of disclosure of the User's Credentials to third parties, which occurred not through the fault of the Administration. If any person other than the User logs in to the Cargolink Platform using the User's Credentials, then all actions performed by such a person will be considered committed by this User. The User is responsible for all actions performed by him on the Kargolink Platform, as well as for all actions performed on the Kargolink Platform by any other persons using the User's Credentials.
7.2. The Administration is not responsible for losses caused to the User as a result of the communication of false information by another User, as well as caused by the actions (inaction) of another User. The Administration does not guarantee that the information contained in the User's Card is reliable and complete, since it is entered by the User himself.
7.3. The User is fully responsible for any actions that caused damage to the Administration and/or third parties.
7.4. The Administration makes every possible effort to ensure the normal operation of the Kargolink Platform, but is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as possible losses resulting from:
7.4.1. illegal actions of Users aimed at violating information security or the normal functioning of the Kargolink Platform.
7.4.2. failures in the operation of the Cargo Link Platform caused by errors in the code, computer viruses and other extraneous code fragments in the software of the Cargo Link Platform.
7.4.3. the absence (inability to establish, terminate, etc.) of Internet connections between the User's server and the server of the Cargo Link Platform.
7.4.4. carrying out activities by state and municipal bodies, as well as other organizations within the framework of the system of operational search measures.
7.4.5. the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill the Agreement.
7.4.6. other cases related to actions (inaction) Users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of the Agreement, as well as any other actions aimed at the Kargolink Platform and at third parties.
7.4.7. performing works related to the functioning of the Kargolink Platform, including the works specified in this Agreement.
7.5. In the event of force majeure, as well as accidents or failures in the software and hardware complexes of third parties cooperating with the Administration, or actions (inaction) of third parties aimed at suspending or terminating the functioning of the Kargolink Platform, it is possible to suspend the operation of the Kargolink Platform without prior notification to Users.
8. DISPUTE RESOLUTION PROCEDURE
8.1. In case of disputes between the User and the Administration on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations between themselves and the use of the claim procedure.
8.2. The claim procedure for resolving disputes between the Parties is mandatory. User claims are accepted and considered by the Administration only in writing and in accordance with the procedure provided for by this Agreement and the legislation at the place of registration of the user.
8.3. The following claim procedure is applied to resolve disputes that have arisen between the Parties:
— A party who believes that its rights have been violated due to the actions of the Kargolink Platform sends a claim in the ticket containing the essence of the claim and its justification;
— if the Parties failed to resolve the dispute through the ticket system, the User is obliged to send a written claim by registered mail to the location of the Administration. If the response to the written claim is not received within 30 (thirty) calendar days from the date of receipt of the registered letter by the other Party, the claim procedure is considered to be observed and the Party has the right to appeal to the court. The administration also sends a response to the written claim by registered mail. From the moment of receiving a written response to his claim, the User is obliged to re-send a written claim by registered mail, taking into account the response to his original claim. The Administration has the right to consider a repeated claim within 30 (thirty) calendar days from the date of its receipt. If within 45 (forty-five) calendar days the User who sent a repeated claim does not receive a response, or receives an answer that does not suit the User, or the reasons that caused the conflict situation are not eliminated, the User has the right to apply to the court at the location of the Administration.
8.4.In order to resolve technical issues when determining the User's guilt as a result of his illegal actions when using the Internet and the Kargolink Platform, in particular, the Administration has the right to independently involve competent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of conducting the examination.
8.5. If no agreement is reached between the Parties through negotiations, the dispute arising from this Agreement is subject to consideration in the Arbitration Court of Minsk, or in the court of general jurisdiction at the location of the Administration (if the User is an individual). 8.6. Disputes arising between Users, in particular, related to the fulfillment of the terms of contracts for the carriage of goods, TEU, chartering concluded between them, are resolved by sending Claims in accordance with the rules set out in the sections:
— "What are Claims and how to submit them" - located at: cargolink.ru
- "General information about Claims and Recommendations" - located at: cargolink.ru
- " Regulations on the procedure for sending and reviewing Claims in the information platform "KARGOLINK" " - located at: cargolink.ru
9. ENTRY INTO FORCE OF THE AGREEMENT AND OTHER PROVISIONS
9.1. The Agreement comes into force for Users of the Kargolink Platform from the moment of publication of the Agreement on the Kargolink Platform at https://cargolink.ru/terms-of-service and for all other persons who are not yet Users of the Cargolink Platform at the time of publication of this Agreement-from the moment of acceptance of this offer by the User. Acceptance (unconditional acceptance of the terms of this Agreement) of this offer is considered to be the User's registration on the Cargolink Platform by filling out the registration form and expressing consent to the terms of the Agreement by clicking the "Register" button posted on the Website page and Mobile application pages with the registration form. Acceptance (acceptance) of the terms of Service provision on a paid basis is considered to be the payment made by the User to pay for such a Service.
9.2. The Agreement is concluded for an indefinite period and is valid until the User's Credentials are deleted.
9.3. This Agreement applies to Users who have registered before the date of publication of this Agreement on the Kargolink Platform. The User undertakes to familiarize himself with the terms of the Agreement. If the User does not agree with the terms of this Agreement, he must immediately refuse to use the Kargolink Platform by sending a written notification to the Administration about the refusal to use the Kargolink Platform, otherwise the continued use of the Kargolink Platform by the User means acceptance of the terms of the Agreement.
9.4. Correspondence related to the execution of this Agreement may be sent by means of postal, facsimile or electronic communication. Documents transmitted by fax and e-mail are recognized as valid provided that they have hardware marks on the date and time of sending, the name of the organization/individual and the number affixed by the fax machine, and the signatures of authorized representatives of the Parties in such correspondence have the force of handwritten, which does not exempt the Parties from the subsequent provision of the original documents. This correspondence, transmitted by fax and / or electronic (Internet) communication with the seals and signatures of authorized persons, before the exchange of the originals by the Parties, has the same legal force as the originals, which, if necessary, will be evidence in court.
9.5. The Agreement published at the moment has greater legal force and cancels the previous versions of the Agreement.
9.6. Issues not regulated by the Agreement and the documents specified in the Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
9.7. The Annexes to this Agreement are its integral and integral part. Applications:
1. "Rules for posting information in the Kargolink information Platform", permanently posted in public access on the Website at: cargolink.ru
2. " Tariffs (price list)", permanently posted in public access on the Website at: cargolink.ru.
3. The Regulation on the procedure for reviewing Claims, which is constantly posted in public access on the Website at: cargolink.ru
Postal address 106 - 120-2 Birch Grove str., Borovlyany, 223053