Effective date: June 7, 2019
1 TERMS USED IN THE USER AGREEMENT:
1.1 Company — LTECH LLC, a legal entity registered under the legislation of Ukraine, the code of the USREOU (Unified State Register of Enterprises and Organizations of Ukraine): 41597032, location: Lutsk city, 2 Naberezhna St., office 149. The Company is the sole owner of the Service. The Company manages the Service legally. All copyrights and intellectual property rights to the Service are owned by the Company. Under the terms of this Agreement, the Services are provided to the Users by the Company on its own and/or through the involvement of third parties that are duly authorized economic entities.
1.2 Agreement — this user agreement with all the annexes thereto.
1.3 Application or "Mobile Application" — the software designed to work on smartphones, tablets and other mobile devices. The Application may be downloaded free of charge to the User's device from such online stores of applications as App Store and Google Play. The rights to the mobile application belong to the Company. When mentioned in the text of the Agreement, the word "Application" or "Mobile Application" means TravelPost Application.
1.4 Service — TravelPost information platform. TravelPost Mobile Application is available for download in App Store and Google Play. Through this Application, Users receive the Services from the Company in accordance with the terms of this Agreement.
1.5 Services — the services provided by the Company to the Users through the Service in accordance with the terms of this Agreement.
1.6 User Registration — the inclusion of information by the User in the registration form of the Service, after approval of which the Company provides access to the Service and the Personal Area of the registered User.
1.7 Authorization — the entering by the registered User of his/her login and password in order to access the Service and sign in to the Personal Area.
1.8 Account — an Account of TravelPost Service User (both Traveler and Sender) created at the moment of registration in the Service, which allows the Service to identify (authorize) each User with a unique login and password. The login and password for accessing the Account is determined by the User independently while registering in the Service.
1.9 Profile — a set of data about the User stored in the Service, necessary for his/her recognition (authentication) and granting access to his/her personal data and settings.
1.10 Login — is the User's identifier for authorizing in the Service. It is used during the use of the Service in accordance with this Agreement. A User cannot register and use multiple Logins. Moreover, the User is not allowed to use a Login already used by another User.
1.11 Password — the combination of symbols that, together with the login, provides identification of the User when using the Service in accordance with the terms of this Agreement.
1.12 Advertisement — the information about a Trip or Parcel published by Users in the Application.
1.13 Route — Trip advertisement published by a Traveler in the Application.
1.14 Traveler — a User who publishes Routes and independently determines their timelines.
1.15 User — any legally capable natural person who has installed the Service on a mobile device and has completed the registration procedure for the purpose of receiving the Company's Services. The User may receive the Company's Services in accordance with the terms of this Agreement, including for the exchange of his/her own Content or for communication with other registered Users. The same User may act both as a Traveler and as a Sender.
1.16 Sender — a User who uses the Application to publish parcel delivery requests along the route independently determined by the Sender.
1.17 Recipient — a person whom the Sender sends a Parcel. This is not necessarily a User of the Application.
1.18 Feedback — the comments of a User in the Service regarding his/her relationship with another User relating to the Arrangement between them.
1.19 Rating — a User's assessment of another User, with whom s/he concluded the Arrangement. Rating is formed on the basis of Users' Feedback.
1.20 Trip — a travel of the Traveler to a certain populated place (places) both on the territory of Ukraine and abroad along the specified route and within the specified period.
1.21 Arrangement — the mutual consent of the Traveler and the Sender, according to which the Traveler agrees to deliver the Sender's Parcel to a person specified by the Sender, while the Sender agrees to send the Parcel with the Traveler. Such a mutual consent may be reached both verbally and in writing, at the choice of the Users.
1.22 Website or "Site" — an information online portal, located on the Internet at https://travelpost.io, which contains information about the Service and the documents governing the relations between the Company and the Users.
1.23 Company Content — text, graphics, the interfaces intended for Users, visual interfaces, photographs, sounds, illustrated material, computer code (including HTML code), programs, software, products, information and documentation that is the intellectual property of the Company and/or third parties.
1.24 User Content — text, graphics, any data in the interfaces intended for Users, visual interfaces, photographs, sounds, illustrated material, products, information and any documentation that the Users publish and/or in any way distribute and/or share through the Service.
1.25 Service Administration — authorized employees of the Company, as well as other people duly authorized by the Company to manage the Service and provide the Services to Users when using the Service in accordance with the terms of this Agreement.
1.26 Electronic Signature — the electronic data added to or logically connected with other electronic data by the User and is used by him/her as a signature.
1.27 Electronic Signature with a One-Time Identifier — the addition (connection) by the User of the alphanumeric sequence received by the User as stipulated by the Agreement to other electronic data (to the Agreement) for the purpose of signing the Agreement.
1.28 One-Time Identifier — an alphanumeric sequence received by the User on the identification number for signing the Agreement.
1.29 Identification number — a mobile phone number that belongs to the User and is entered by him/her during the registration in the Service and confirmed by the User as a phone number, which serves as the identity of the User as the signatory to the Agreement, using which juristic acts may be conducted in accordance with this Agreement, and which is a means of electronic identification of the User.
1.30 Electronic Agreement — an agreement between two or more parties aimed at establishing, changing or terminating civil rights and obligations and is executed in electronic form.
2 GENERAL PROVISIONS
2.1 The Company has created and is the owner of the service of international delivery of parcels with the help of traveling people — TravelPost. The links for downloading TravelPost mobile app are available on the Company's website: https://travelpost.io. TravelPost Application enables Travelers going to a populated place in Ukraine or abroad and Senders who need to send a parcel along the same route to enter into arrangements and exchange information. The purpose of such interaction between a Traveler and a Sender is the delivery of the Sender's parcel.
2.2 This User Agreement ("Agreement") is entered into between LTECH Limited Liability Company and any natural person who wishes to register as a User in TravelPost Service and use the Service under the terms and conditions stipulated by this Agreement.
2.3 This document is an open offer of the Company to conclude the Agreement on the terms established by the Company and is applicable to the User in case of the Service use and is addressed to an undefined circle of individuals.
2.4 In accordance with Article 633 of the Civil Code of Ukraine, this Agreement is a public contract, and in case of acceptance of the conditions set out below, a natural person (User) acquires the status of the customer of the Services under the Agreement and undertakes to comply with the terms of this Agreement as well as any additions and the annexes thereto constituting its integral part.
2.5 The Agreement becomes effective from the moment it is published on the Internet at the following link: https://travelpost.io/useragreement/ and is valid until the moment of withdrawal of the Agreement (offer) by the Company.
2.6 The Company reserves the right to make changes to the terms of the Agreement and/or to revoke the Agreement at any time at its own discretion. In case the Company amends the Agreement, such changes shall be effective from the moment of publishing the amended text of the Agreement on the Internet at the address specified in Clause 2.5 of this Agreement, unless otherwise stipulated during such publishing.
2.7 The moment of concluding this Agreement is the moment of signing the Agreement by the User. The Parties agreed that the signing of the Agreement shall be effected by electronic signature with a one-time identifier. The Parties shall conclude this Agreement (electronic agreement) in written (electronic) form.
2.8 The procedure for confirming that the electronic signature is truly owned by the User is carried out by comparing the one-time identifier entered by the User using the identification number when registering in the Service and accepting the terms of the Agreement with a One-Time Identifier, which was sent to a Party by the Company.
2.9 The User signs the Agreement using the electronic signature with a one-time identifier in 2 (two) stages: by sending the User a request message by the Company and sending a confirmation message by the User.
2.10 The Company sends to User's identification number an SMS with a one-time identifier formed in a random order for signing the Agreement.
2.11 In case of consent with the terms of the Agreement, the User signs the Agreement using the electronic signature with a one-time identifier by entering the one-time identifier in the appropriate field of the Service.
2.12 By entering the one-time identifier in the corresponding field of the Service, the User confirms that s/he is familiar with and consents to all the terms and contents of the Agreement.
2.13 If the one-time identifier sent to the User and the one entered by the User coincide, the Agreement is deemed signed by the User's electronic signature.
2.14 The Parties to the Agreement confirm that the one-time identifier (alphanumeric sequence) received by the User at the signing of the Agreement to the identification number and added (attached) to the Agreement is his/her electronic signature with a one-time identifier, is used as a handwritten signature and is a confirmation of the User's identity.
2.15 The Parties to the Agreement recognize all documents, certified using an electronic signature with a one-time identifier, equivalent to the value of the documents in writing, signed by their own hand. The Parties to the Agreement acknowledge that the use of an electronic signature with a one-time identifier within the use of the Service results in legal consequences similar to those with the use of a handwritten signature. An electronic signature indicates the authorship, integrity and immutability of the Agreement signed by such a signature.
2.16 The Parties confirm that the Agreement, signed by an electronic signature with a one-time identifier in the Service, has the same legal effect for the Parties to the Agreement as documents drawn up on paper and signed by the User's handwritten signature, i.e. created in an ordinary written form.
2.17 By signing the Agreement, the User confirms his/her consent to all the terms of this User Agreement, and the Company grants him/her a personal, non-exclusive, inalienable, limited right to sign in to and use the Service under the terms and conditions set forth in this Agreement.
2.18 Any interaction of the User with the Service (including, but not limited to, registration in the Service, Verification, publishing any information, transfer of funds from the User to the Service for the received Services (if the Agreement provides for paid services provided by the Company) of the Company, actual use of the Service) additionally confirms the unconditional consent of the User to all the terms of this Agreement (including the annexes thereto), the unconditional acceptance of its terms with a commitment to comply with the obligations imposed on the User arising from this Agreement. Such interaction with the Service is a complete and unconditional acceptance of this Agreement, and the ignorance of its terms does not release the User from liability for failure to comply with its terms.
2.19 The Agreement may be amended by the Service Administration without prior notice to the User. The current version of the User Agreement is available at https://travelpost.io/useragreement/. Continued use of the Service by the User (and his/her further interaction with the Service) means his/her consent to the amendments in the Agreement.
2.20 In the event that a User does not agree to any terms of this Agreement and/or disagrees to comply with the terms of this Agreement (or the new revision of the Agreement), the User does not have the right to use the Service and is obliged to discontinue the use of the Service and to abandon it.
2.21 The Service Administration has the right at any time to refuse any User to register in and/or use the Service in case s/he violated the terms of this Agreement or on its own decision without explaining the reasons for the refusal.
2.22 The Parties recognize the location of the Company as the place of conclusion of this Agreement.
2.23 Concluding this Agreement, the User understands and agrees that the Company is not a party to any juristic act, arrangement, contract or agreement entered into directly between the Users of the Service.
3 THE SUBJECT OF THE AGREEMENT
3.1 The subject of this Agreement is the relationship between the Company and the User of the Service regarding the provision of the Services by the Company to the User and the use of the Service by the User. This Agreement sets the rules and terms of the Service use and the terms of the provision of the Services by the Company to the Users.
3.2 The list of the Services provided by the Company, as well as their cost, are specified in Section 4 of this Agreement.
3.3 In addition to the text of this Agreement, the procedure for providing the Services by the Company may be determined by the annexes to this Agreement.
4 THE PROVISION OF THE SERVICES
4.1 The Services shall be provided by the Company only for users who have registered in the Service. The Services provided by the Company to the Users include, but are not limited to:
Providing the Service for free download from the online stores of applications.
Ensuring the functioning of the Service from the moment it is downloaded and installed until it is removed from the mobile device for the purpose of this Agreement.
Ensuring the possibility of exchanging text messages with other Users through the Service.
Ensuring the delivery of the Parcel of the Sender by the Traveler on the terms of the Arrangement concluded between the Users.
Providing the possibility to leave feedback on other Users with whom the Arrangement was concluded.
Providing the possibility of informational and technical interaction between the Service Users.
Providing the possibility to publish and view Advertisements.
4.2 The Company does not guarantee the availability of the Service and/or the provision of the Services 24 hours a day. The Company has the right to refuse any User to use the Service at any time in case s/he violated this Agreement.
4.3 The Company grants Users a non-exclusive and inalienable right to use the software that ensures the operation of the Service and the provision of the Services by the Company in accordance with the terms of this Agreement provided that neither the User nor any other people with the assistance of the User take any of the following actions:
Copying or modifying the software that ensures the operation of the Service and the provision of the Services by the Company.
Creating programs for computers derived from the software that provides the operation of the Service and the provision of the Services by the Company.
Penetrating into software that provides the operation of the Service and the provision of the Services by the Company in order to obtain the source code of such software.
Selling, assigning, providing for usage or transferring to third parties in any other form of rights in relation to software that provides the operation of the Service and the provision of the Services by the Company.
Modifying the software that provides the operation of the Service and the provision of the Services by the Company, including for the purpose of obtaining unauthorized access to them.
Other actions similar to those listed above that violate or may violate the rights of the Company and third parties.
4.4 The Services are provided by the Company free of charge or for a fee in accordance with the terms of this Agreement.
4.5 The Company provides the Services to the User on the following terms:
- User registration in the Service: free of charge.
- User data checking: free of charge.
- Filling in information in the Personal Area of the User: free of charge.
- Publishing User's Advertisements: free of charge.
- Publishing User's images, text and/or any other Content: free of charge.
- The function of personal messages exchange by Users: free of charge.
- Publishing User's Feedback: free of charge.
- Providing the possibility of informational and technical interaction between the Service Users: free of charge.
5 THE PROCEDURE AND TERMS OF THE SERVICE USE
5.1 Registration in the Application (Service). The rules of registration in the Service
5.1.1 A person who wishes to become a User shall go through the Registration procedure on the relevant page of the Service. When registering in the Service, the User undertakes to provide in the registration form (questionnaire) reliable, complete and accurate information about himself/herself and periodically update it in order to ensure its relevance and completeness. The User undertakes not to mislead the Company and/or other Users regarding his/her identity, nor to publish in the Service the addresses, telephone numbers, email addresses, passport/registration data and any other information of any third parties. In case the User indicates his/her telephone number incorrectly, the Company has the right to refuse to further provide the Services and access to the Service to such User.
5.1.2 The minimum age of a natural person to become a User of the Application is 18. Minors are not entitled to register in the Service. By creating an account in the Application, the User guarantees that s/he is already 18 years old.
5.1.4 The User agrees that the actions committed in the Service after the User's Authorization are acknowledged as the User's actions. The User shall be fully responsible, under this Agreement and applicable legislation, for any actions committed by him/her using his/her account, as well as for any consequences that were or could have been caused by such use.
5.1.5 By registering, the User agrees to receive informational messages to the mobile phone number or email provided at the registration. The Company undertakes not to transfer the User's mobile phone number to third parties without the User's consent (except in cases stipulated by effective and applicable law as well as the terms of this Agreement).
5.1.6 The company strongly recommends using complex Passwords, which consist of at least 8 (eight) characters and include lowercase and uppercase letters as well as numbers at the same time. The User shall take appropriate steps to safekeep the User account, including the Login and Password, and is fully liable for all actions committed in the Service with his/her account (login and password). The User shall immediately notify the Company of any actions and the cases of access to the Service by third parties with the User's account that became known to him/her. It is recommended that the User regularly change his/her password. The Company shall not be liable in case of infringement of the User's rights by third parties who have received unauthorized access to the User's Login and Password.
5.2 Creating an Account
5.2.1 The Application provides Users with the ability to publish and view Advertisements and interact with each other.
5.2.2 Viewing Advertisements is impossible without the registration in the Application.
5.2.3 To create an Account, you shall provide all required information in the registration form, read this Agreement and the annexes thereto and accept them.
5.2.4 The User shall agree to provide true information, update it himself/herself by making changes to the User profile in the Application.
5.2.5 The user shall expressly agree to keep secret the password to his/her Account.
5.2.6 The User shall agree not to create any other Accounts in the Application and not to use the Application on behalf of a third party.
5.2.7 The User has no right to transfer, assign, sell or provide for usage etc. in any way his/her Login and Password to access the Service and/or Company Services to third parties without the consent of the Company. In case of transfer of the Login and Password to any third party, the User shall be fully liable for the actions of such a third party.
5.2.8 The User is entitled to discontinue use of the Service and/or Services of the Company at any time after notifying the Company thereof.
5.3.1 TravelPost is entitled to use a system to check ("verify") a portion of the information provided by Users. This is necessary to increase trust, prevent or detect fraud and ensure the transparency of the Application use.
5.3.2 The User shall agree that any verified information in the Application means that the User's data has been verified. However, TravelPost shall not guarantee the reliability of such information.
5.4 Using the Service
5.4.1 The User shall be responsible for the observance of the rights (tangible and intangible) of third parties regarding information transferred (provided) to the Company upon registration of the User when using the Service and receiving the Company's Services. Users independently evaluate the legality of their use of the Service and Services provided by the Company, including in terms of effective and applicable law.
5.4.2 The User shall be provided access to the function of private messages. The function of private messages implies that the User can publish in the Service the messages not available for viewing by all Users but are accessible to the Traveler and the Sender only. It is forbidden to post personal messages that:
Violate the effective and applicable law.
Contain spam, financial pyramids schemes and/or any other illegal actions.
Are illegal, harmful, threatening, offending morality, defamatory, infringing the copyrights or other intellectual property rights of third parties, promoting hatred and/or discrimination against people on racial, ethnic, sexual or social grounds.
Violate the rights of third parties.
5.4.3 The company is entitled to review the history of private messages and may remove a private message not meeting the requirements of this Agreement at any time.
5.4.4 A User who breaches this Agreement may obtain restrictions on access to the Service and/or Company Services on a permanent or temporary basis.
5.4.5 Senders independently search for Routes and Travelers and review their offers. Users independently decide on the conclusion of the Arrangement between themselves for Parcels delivery.
5.5 Publishing Advertisements
5.5.1 The User may publish Advertisements in the Application only subject to the terms and conditions set out below.
5.5.2 If a User publishes the Route, s/he shall indicate the populated places of departure and arrival, the intermediate points where s/he can hand or receive the Parcel, the date and time of departure and arrival, the maximum weight and dimensions of the Parcel, as well as any special restrictions on the contents of the Parcel.
5.5.3 In case a User publishes a Parcel, s/he shall specify the populated places of departure and destination, dimensions and weight of the Parcel, its contents and appearance (photo), as well as the information about the Recipient.
5.5.4 The User has the right to publish an Advertisement provided the following conditions are met:
The User (Sender) is the owner of the contents of the Parcel.
The contents of the Parcel do not contradict the effective legislation of the departure and destination country.
The User (Traveler) guarantees the Trip will take place on the indicated Route within the specified time limits.
The User does not publish a Parcel or Route Advertisement already published in another Advertisement.
The User does not consent to ship more Parcels than s/he can physically carry.
5.5.5 The User agrees with his/her full responsibility for the contents of the Advertisement published in the Application.
5.5.6 The User guarantees the accuracy and truthfulness of the information s/he provides in the Advertisement.
5.5.7 The Company has the exclusive right not to publish or remove, without notice, at its sole discretion and at any time, any Advertisements that are in violation of the Agreement or may damage the image of the Company and/or Service.
5.5.8 The User shall agree that the Company, independently and at its own discretion, defines the criteria for determining the place where the User's Advertisement will be displayed among the other Users' Advertisements, except in cases when the Company provides paid services for promoting an Advertisement or another special approach to publishing the User's Advertisement.
5.5.9 After the User chooses the necessary Route and the Traveler and Sender agree the possibility and conditions of the Parcel delivery, the Traveler and the Sender shall enter into a corresponding Arrangement between themselves. The Arrangement implies the procedure and conditions for the delivery of the Sender's Parcel by the Traveler to the Recipient. The Company provides the Users with a template of the Arrangement of a recommendatory nature, on the basis of which the Traveler and the User may enter into an Arrangement between themselves in writing. The Template of the Arrangement is available only for registered Users and is located in the corresponding section of the Service. The Company shall not be liable for the content of the Arrangement template, the implementation of the Arrangement by the Users and the consequences that may arise from the Arrangement concluded between the Traveler and the Sender.
5.5.10 On the basis of his/her own interest in interaction with another User, the User communicates with another User at his/her own decision and/or at his own risk without the participation of the Company.
5.6 Feedback. Publishing feedback
5.6.1 The Company offers to publish feedback about Travelers (if you are a Sender) or about Senders (if you are a Traveler), with whom you have entered into an Arrangement.
5.6.2 You are not allowed to leave feedback on a User unless you have entered into an Arrangement with him/her on the basis of Advertisements published in the Application.
5.6.3 Any feedback published in the Application is visible to Users.
5.6.4 Based on the feedback, User Rating is formed.
5.7.1 The User shall agree that the Company has the right not to publish or remove any questions, feedback, comments or replies if it considers them to be in violation of these Terms or effective legislation.
5.8.1 The Company has the exclusive right to block a User's Account and to restrict access to the Services if the User receives at least three feedback entries from other Users, and the average feedback score (rating) is 3 or less.
5.9 Financial relations between Users
5.9.1 The financial relationship relating to the delivery of the Sender's Parcels by the Traveler is carried out directly between the Sender and the Traveler.
5.9.2 When sending a response to the Sender's Advertisement, which is a Traveler's offer for the delivery of the Sender's Parcel, the Traveler shall specify the amount of money for which s/he offers to deliver the Parcel to the Recipient.
5.9.3 When the Traveler sends an answer to the Sender's Advertisement, the Service suggests the recommended amount of money that must be provided by the Sender to the Traveler in order to have the Parcel delivered by the latter. The recommended amount is determined depending on the specifics of the Travel, the dimensions of the Parcel and the distance that needs to be covered to deliver the Parcel. This amount is merely a recommendation.
5.9.4 The Traveler and the Sender determine the amount of money that the Sender must pay to the Traveler in order to have the Parcel delivered by the latter by means of exchanging private messages in the Application or stipulating it in the Arrangement.
5.9.5 The User acknowledges that the Company is not a Party to the Arrangement concluded between the Sender and the Traveler. The Company recommends stipulating all the terms of Parcel delivery in private messages in the Application and Arrangement.
5.9.6 By signing this Agreement the User confirms that s/he is familiar with the fact that, in accordance with the law, s/he is obliged to declare independently the proceeds related to the amounts of money paid to him/her according to the Arrangement concluded between the Users and pay all the taxes and other compulsory fees related to such payments under the Arrangement.
5.10.1 Users have the right to cancel the Route or Parcel at any time until the Parcel is actually handed by the Sender to the Traveler. The Application shall not impose any sanctions on the cancellation of the Parcels. Nevertheless, the User shall acknowledge that unwarranted cancellation may result in receiving negative feedback from the User with whom the Arrangement was concluded.
6 THE RIGHTS AND OBLIGATIONS OF THE COMPANY
6.1 The Company's obligations consist merely in ensuring that the User can receive the Company's Services in accordance with the procedure prescribed by this Agreement.
6.2 The Company shall reserve the right, at its sole discretion, to modify or remove any information published in the Service, to suspend, restrict or terminate the User's access to the Company's Services at any time for any reason.
6.3 The Company has the right to impose any restrictions on the use of the Services by Users.
6.4 The Company has the right to change the terms of this Agreement. Information about such changes shall be published by the Company on the Site. The User's consent to use the Services of the Company after any changes to the Agreement shall mean his/her consent to such changes and/or additions.
6.5 The Company shall have the right to publish advertising and/or other information in the Service without the User's consent.
6.6 In case of violation of the terms of this Agreement by the User, the Company shall have the right to suspend, restrict or terminate the access of such User to any Services of the Company unilaterally, at any time and without liability for any harm which may be caused to the User by such actions.
6.7 The Company shall have the right to send messages to Users, including emails or SMS messages to the Users' mobile phone numbers, containing organizational, technical, informational or other information about the features of the Service or other information about the operation of the Service.
6.8 The Company shall be entitled to reimburse for expenses incurred by the Company as a result of the User's actions and not by the fault of the Company.
6.9 The Company undertakes not to use the User's credentials received at the Registration for any mercenary purposes and guarantees the non-disclosure of this data, unless the disclosure of such information is the responsibility of the Company, in virtue of the applicable legislation and terms of this Agreement.
6.10 The Company shall agree to provide the User with the possibility to receive information support from the Company's technical support service by email, which will be communicated by the User at the registration in the Service, by contacting the Company's technical support through the appropriate form in the Service. The scope of information support is limited to the specific issues related to the provision of the Services by the Company and the use of the Service.
6.11 The Company shall have the right to moderate all Advertisements, Content, images and/or any other Content of the User and, at any time, at its sole discretion, remove them from the Service without explaining the reasons.
6.12 The Company reserves the right to remove from its servers any information or materials that, in the opinion of the Company, are unacceptable, undesirable or in breach of the terms of this Agreement.
6.13 The Company shall fulfill other obligations established by this Agreement.
6.14 The Company has the right, by its own decision and choice, to involve any third parties for compliance with the terms of this Agreement.
7 THE RIGHTS AND OBLIGATIONS OF THE USER
7.1 The User shall agree to comply with the terms of this Agreement and the annexes thereto, as well as to pay for the Services provided to him/her in accordance with the procedure and conditions stipulated by the terms of this Agreement and the annexes thereto.
7.2 The User undertakes to independently review the information about the terms and conditions of providing the Services by the Company and their cost.
7.3 When using the Service and/or the Services, the User undertakes to comply with the effective and applicable legislation, including the legislation related to paying taxes and fees.
7.4 The User shall have the right to be provided the Services under the terms of this Agreement.
7.5 The User shall have the right to contact the Company Support Service through the relevant form in the Service.
7.6 The User shall agree to use the Service only for lawful purposes, to comply with the effective legislation, as well as the rights and legitimate interests of the Company.
7.7 The User undertakes not to perform any actions aimed at destabilizing the work of the Service, attempting to receive unauthorized access to the Service, or any other actions that violate the rights of the Company and/or third parties.
7.8 The User shall not violate, block or otherwise endanger the security of the Service in any way.
7.9 The User undertakes not to use the Service to perform actions aimed at undermining network security and violating any software and hardware connected to the Internet, as well as committing network attacks on any resources available through the Internet, including the software and hardware of the Company, but not limited to them.
7.10 The User undertakes not to perform any actions aimed at gaining access to someone else's Account by mining the login password, unauthorized interference or any other similar actions.
7.11 The User undertakes not to publish in the Service the Advertisements of parcels whose contents are forbidden for circulation (limited in circulation without observing the relevant conditions) in accordance with the applicable legislation, as well as to transfer to the Traveler, for the delivery to the Recipient, the Parcels whose content is forbidden for circulation (limited in circulation without observing the relevant conditions).
7.12 The User shall provide to the Company, at the written request (sent by facsimile, postal or electronic communication and/or through the Service), any documents requested by it concerning the subject matter of this Agreement, no later than 3 (three) working days from the receipt of such request by the User.
7.13 The user hereby confirms that s/he is fully legally capable (in relation to natural persons) and/or no custody is established for him/her in any form.
7.14 The User undertakes to review regularly, but at least once a week, the information related to the provision of the Services, including the terms of this Agreement and the annexes thereto. The absence of written objections and continued use of the Service and/or the receipt of the Services after the notice of the Company on the Site about the modification of the terms of this Agreement and other changes shall be considered as the consent of the User to the modifications and amendments, unless otherwise expressly provided by this Agreement. All risks related to the occurrence of adverse consequences due to the User's non-compliance with the requirements of this clause of the Agreement shall be borne by the User.
7.15 The User guarantees that s/he owns all rights to use the User's materials and/or any Content published by him/her when creating Advertisements.
7.16 When interacting with other Users through the use of the Service, the Users shall acknowledge and confirm that:
7.16.1 The Company and Users are completely independent entities that do not affect each other's activities.
7.16.2 The Company shall not be responsible for compliance with applicable legislation and meeting the User's expectations with regard to Parcel delivery.
7.16.3 The Company merely provides the software and hardware allowing to publish the relevant Advertisements and enabling the Users to communicate with each other through the Service.
7.16.4 Contractual relations with regard to the delivery of the Sender's Parcel by the Traveler to the Recipient, as well as settlements between the Traveler and the Sender for the delivery of the Sender's Parcel to the Recipient by the Traveler, arise exclusively and directly between the Traveler and the Sender.
7.16.5 The Company shall not be responsible for the quality and time of delivery of the Sender's Parcel to the Recipient by the Traveler.
7.17 Users shall independently formalize their contractual relations with each other, regulating the procedure and terms of delivery of the Sender's Parcel by the Traveler to the Recipient.
7.18 The User may have other rights and bear other obligations stipulated by this Agreement or applicable legislation.
7.19 By signing this Agreement the User confirms that s/he is familiar with the fact that, in accordance with the law, s/he is obliged to declare independently the proceeds related to the amounts of money paid according to the concluded Arrangement between the Users and pay all the taxes and other compulsory fees related to such payments under the Arrangement.
7.20 The User shall review all the annexes to this Agreement. The fact of the conclusion of this Agreement shall mean that the User is acquainted with both the text of this Agreement and the annexes thereto.
8 BLOCKING AND REMOVING THE ACCOUNT
8.1 The User may terminate the relations with the Company at any time by submitting a request through the User support form in the Application.
8.2 In the event that the User breaches the Agreement and the Company has reason to believe that blocking is necessary to ensure the safety of Users or third parties, as well as to prevent fraud or legal proceedings, the Company has the exclusive right to:
8.2.1 Terminate the Agreement for the User and block access to the Service without notice.
8.2.2 Remove any feedback, message, advertisement or content contained in the Application.
8.2.3 Restrict the User’s access to the functions of the Application.
8.2.4 Temporarily or permanently block the User’s Account.
8.3 If necessary, the User will be notified of such measures. The Company will decide, at its own discretion, on the appropriateness of canceling the measures taken.
9 THE ROLE OF TRAVELPOST SERVICE
9.1 By using the Application and concluding the Agreement, the User acknowledges that the Company is not a party to any Arrangement concluded between Users.
9.2 The Company does not exercise control over User behavior and does not publish any Routes or Parcels.
9.3 The User acknowledges and accepts that the Company does not control the truthfulness, legality or authenticity of the Advertisements. The Company does not provide transport services and does not act as a carrier. The role of the Company is limited solely to providing access to the Application.
9.4 Users are fully and individually responsible for their actions.
9.5 The Company shall not be responsible for:
9.5.1 False information provided by the User in the Advertisement.
9.5.2 Cancellation of the Travel or Parcel by the User or the change of information about them.
9.5.3 Non-payment of money agreed between the Traveler and the Sender in accordance with the Arrangement between them.
9.5.4 User behavior.
10 LIABILITY. LIMITATIONS OF LIABILITY
10.1 The Company shall not be liable for the contents of the information contained in the Service and in the Company's informational emails or newsletters.
10.2 The company shall not be liable for any errors, omissions, interruptions, defects and delays in the processing or transmission of data, communications failure, the destruction of any equipment, unauthorized access of third parties to the Service, which caused the restriction of the User's access to the Service. The Company shall not be liable for any technical malfunction or other problems in any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email services or scripts for technical reasons, for the normal functioning and availability of individual segments of the Internet and the networks of telecommunication operators involved in the User access to the Service.
10.3 The Company shall not be liable for the Service's compliance, in whole or in part, with the expectations of the User, the error-free and uninterrupted operation of the Service, termination of the User's access to the Service, as well as for saving the User's login and password providing access to the Service for reasons related to technical malfunctions of the equipment or software of the Company, and shall not indemnify the User for any loss or damages associated with it.
10.4 In case of violation of the terms of this Agreement by the User, the Company reserves the right to restrict the User's access to the Service on a temporary basis, and in case of gross and/or repeated violation of the terms of this Agreement, to refuse access to the Services on a permanent basis.
10.5 The Company shall not be liable to the User for limiting the access to the Service and/or Services, terminating the access to the Service in case these restrictions and termination were the result of an emergency, which led to the impossibility of partial or full performance of obligations under this Agreement by any of the Parties.
10.6 The Company shall not be liable for:
10.6.1 Possible damage to the Users when using the Service and/or Services.
10.6.2 Possible loss or damage to data that may occur due to User's violation of the terms of this Agreement.
10.6.3 The speed and uninterrupted operation of the Service, Mobile Application and their compatibility with the software and operating systems of User devices.
10.6.4 The presence of errors and/or viruses during the operation of the Service and Mobile Application, interruptions of communication channels and failure of the server infrastructure at the level of trunk communication channels, data centers, computing centers, as well as regional and local communication lines; non-performance or improper performance of its obligations as a result of failures in telecommunication and/or power networks, as well as unfair actions of third parties aimed at unauthorized access to and/or failure of the Service.
10.6.5 Proper functioning of User's devices.
10.6.6 The Service and/or Services not meeting the expectations of the User.
10.6.7 The actions of the Users in the Service and the consequences of the Service use by the User.
10.6.8 Temporary failure of payment systems, non-provisioning the reception and/or transfer of Users' payments for the reasons not depending on the Company, as well as the circumstances of force majeure if such are used by the Company.
10.6.9 Failure to perform or improper performance of its obligations, if caused by actions/inactivity of the User, which are beyond the User's control, including due to wrong actions/inaction committed by the User.
10.6.10 The use of solutions, services and products offered to the User on paid and/or free basis by third parties, including those which may be available in the Service.
10.6.11 Information, published by third parties in the Service, and its compliance with the applicable legislation.
10.6.12 The risk of going from the Service to third party resources.
10.6.13 The actions of any third parties, as well as the actions of payment systems and telecommunication operators that are not the actions of the Company.
10.6.14 Publishing the Mobile Application and links to it in any sources not authorized (unconfirmed) by the Company (counterfeit application), as well as subsequent use of such an application.
10.6.15 The use of the Service from the User's device by third parties, in connection with which all actions, committed from the User's device, shall be deemed the actions of the User. In the event that any person gains access to the Service and can use it on behalf of the User, the User shall immediately notify the Company thereof in writing (by email) or by contacting the Support Service. Otherwise, all the actions committed using the Service on behalf of the User shall be treated as the actions committed by the User directly.
10.6.16 The Company shall not be liable to the User or any third parties for any direct and/or indirect damages, including lost profits or lost data, for damage to honor, dignity or business reputation caused by the use of the Service and/or Services, or the impossibility of using them.
10.7 The Company shall not be liable to the User or any third parties for:
10.7.1 The contents, legality and authenticity of information used/received by the User when using the Service.
10.7.2 The quality and delivery time of Parcels.
10.7.3 The compliance of Parcels (the contents of Parcels) or the procedure of Parcels transportation with the law.
10.7.4 The performance by the Senders of their obligations to pay the amounts agreed upon with the Traveler for the delivery of the Parcel on the basis of the concluded Arrangement between the Traveler and the User.
10.8 In the event that third parties, including another User, submit claims to the Company related to the use of the Service and/or Services of the Company by the User, the User undertakes, by his/her own efforts and at his/her own expense, to regulate the publishing of information in it with third parties, protecting the Company from possible losses and disputes, or act for the Company in such disputes.
10.9 The Company shall not be liable for any expenses or losses directly or indirectly incurred by the User as a result of the use of the Service.
10.10 The Company shall not control the procedure for the implementation of the Arrangement concluded between the Users for the delivery of the Parcel on the basis of publishing the corresponding information in the Service. As a result, the User shall accept the condition that all Advertisements offered through the Service are accepted by him/her under his/her own responsibility, and Parcel delivery is not in any way related to the Company's activities. The Customer shall accept his/her full responsibility and risks for the provision of the services offered by the Consultants through publishing the relevant information in the Service. The Traveler shall assume his/her full responsibility and risks for the payment of money, which s/he agreed with the Sender on the basis of the concluded Arrangement.
10.11 The User shall accept full liability and any risks connected with any loss, including the theft of the User's device, from which third parties have gained access to the Service of the Company.
11 EXCLUSIVE RIGHTS AND GUARANTEES OF THE COMPANY
11.1 The Service is protected by the legislation of Ukraine and international legislation on the protection of copyright and intellectual property rights. All rights of ownership, copyrights and other intellectual property rights to the Service (including, but not limited to any image, photograph, animation, video, music, text, software Code, Company Content, mobile applications, design, Site and applets, included in the Service, and anything that is an object of intellectual property rights and/or published in the Service by the Company and/or its authorized third parties) as well as any printed materials related to the Service are the property of the Company, hereinafter referred to as the Rights Holder. Any use of the Service shall be allowed only on the basis of the permission of the Rights Holder. The use of the Service without the permission of the Rights Holder in any way and for any purpose other than permitted by this Agreement is unlawful and may cause bringing of the User to justice.
11.2 For the period of the Service use, the Rights Owner grants the Users a limited, personal and non-exclusive license only to use the Service solely under the terms of this Agreement. The Rights Holder shall keep all intellectual property rights.
11.3 The Users are obliged:
- Not to remove or obscure copyrights, marks for goods and services or other designations of property rights in the Service or in related printed materials.
- Not to decompile, modify, disassemble or otherwise reproduce the Service contrary to the terms of this Agreement.
- Not to copy, lease, license, distribute, publicly display the Service, create derivative works based on the Service (except as expressly permitted by the terms of this Agreement), or otherwise use the Service commercially.
- Not to use fake copies of the Service.
11.4 This agreement does not provide for any rights or permissions of the User to use the Service in any way, except in the ways provided by the functional capabilities (functions) of the Service.
11.5 The service is provided for use by Users on an "as is" basis. The Rights Holder does not assume any guarantee regarding the uninterrupted operation of the Service, its timely and accurate operation with the aim to confirm any facts, as well as the suitability of the Service for the purposes of the User.
11.6 The User shall grant the Right Holder a worldwide valid, free, non-exclusive and irrevocable license with the sublicensing right to use any User Content publicly shared by the User through the Service with other Users. This license applies to all copyrights, trademarks, patents, trade secrets, confidentiality and other intellectual property rights to use, reproduce, transfer, print, publish, publicly display, exhibit, distribute, copy, index, comment, modify, adapt, translate, publicly perform and/or create derivative works on the basis of the User's Content or use it otherwise. Such use of the User Content or parts thereof may take place in all formats and on all existing or future media channels, as well as on third-party websites and platforms, in any number of instances, and without limitation on the time, form and frequency of use, without additional notice, without any indication of authorship and without the requirement of permission or payment by the Users or another person.
12 WRITTEN COMMUNICATION OF THE PARTIES. NOTIFICATIONS AND MESSAGES
12.1 The written communication between the Parties regarding the implementation of this Agreement shall be carried out by email, using the email addresses registered by each Party. The email address registered by the Company is firstname.lastname@example.org. The email address registered by the User is the email address specified by the User when contacting the Support Service. Written communication between the Parties may take place through the function of the Service allowing to exchange emails and/or the private messages function. Sent messages shall be deemed received by the addressee at the moment of sending.
12.2 From the moment this Agreement becomes effective, the Company and the User acknowledge the legal effect of the messages and actions committed and transferred using the Service on behalf of the User, as well as using the telephone number specified by the User at the Registration.
12.3 The Parties agree that all notifications and messages received to the email addresses and/or using the Service feature allowing to exchange electronic messages are deemed delivered to the addressee in due form.
12.4 The parties have agreed that the documents related to the execution of this Agreement, transmitted using email and/or the Service feature allowing to exchange electronic messages, are legally valid.
12.5 Each Party undertakes to timely check for the correspondence received at the email addresses and/or using the Service feature allowing to exchange electronic messages.
13 APPLICABLE LAW, DISPUTE RESOLUTION, AND JURISDICTION
13.1 The User agrees that this Agreement and relations between the Parties are regulated by the legislation of Ukraine.
13.2 All claims and disputes related to this Agreement shall be resolved through negotiations.
13.3 In the event that the parties have not reached an agreement, the claims and disputes shall be referred to the court in accordance with applicable legislation.
14 PAID SERVICES
14.1 TravelPost provides following paid services:
14.1.1 Advertising of a User’s trip
126.96.36.199 The service is activated at the moment of successful payment.
188.8.131.52 The service is terminated in the following cases:
184.108.40.206.1 On the departure date and time of the trip
220.127.116.11.2 The User deletes the trip
18.104.22.168.3 The trip was removed by the administration of the Company during moderation
22.214.171.124 It is impossible to change the type of paid service, as well as cancel the service after its activation.
15 PAYMENT FOR SERVICES
15.1 The Company's paid service may be paid through order page of the website, or on the corresponding screen of the mobile applications.
15.2 The user agrees to familiarize himself with the prices of the Company's paid services before making a payment. The cost of the service is visible in the order window.
15.4 The company returns the money in the following cases:
15.4.1 If the service is not provided due to any technical issue, upon the User request, the Company’s authorized administrator makes refund for the paid services. It is to be done after the User provides evidence that the payment was actually made.
15.5 The User agrees that the information about the payments displayed in the User’s personal account is a confirmation of the provision of services by the Company. The User agrees that the fact that he paid for Services of the Company is the confirmation of his acceptance of those Services.
16 FINAL PROVISIONS
16.1 This Agreement shall become effective for each User from the moment the User acts as indicated in paragraph 2.6 of this Agreement and remains valid until the User removes his/her Account in the Service.
16.2 The User undertakes to notify the Company of the mobile phone number, email address, other data provided to the Company by the User, changing the name, surname, changing the details of the identity document, changing the data of the document confirming the right of the foreign citizen or stateless person to residence on the territory of Ukraine, changing citizenship, other personal data, as well as the loss of the above data, by contacting the Company Support Service. The Company shall not be liable for any consequences associated with the change of the User's Data specified in this clause of the Agreement unless the User has notified the Company about the circumstances specified in this clause of the Agreement and/or provided the Company with incorrect data.
16.3 The User acknowledges that the Service is sufficient to ensure proper operation of the reception, transmission, processing and storage of information, as well as for the protection of information from unauthorized access, authentication and authorship confirmation of electronic documents sent using it, as well as for the analysis of conflict situations. The User trusts the software of the Service.
16.4 In the part not regulated by this Agreement, the relations between the Company and the User shall be regulated by the effective legislation of Ukraine.
16.5 For all questions related to the use of the Services/Service, the User may contact the Support Service.
16.6 Any User who has not accepted the terms of this Agreement or has accepted them by mistake shall notify the Company about this and shall have no right to use the Service.
16.7 This Agreement has been drawn up in Ukrainian.
16.8 The headings used in this Agreement are intended solely for the convenience of using the text and have no literal legal meaning.