The information given below is an official offer (a public offer) to any person on the territory of Ukraine to conclude a License Agreement.
This Offer (the "License Agreement") (hereinafter referred to as the "Agreement") is a legal document that establishes the conditions for using the "TACHKU" Service (hereinafter referred to as the "Service") and it is concluded between the Licensor and the person accepting the offer, i.e., registered on the Service as the Licensee (hereinafter referred to as the "User").
WE HIGHLY RECOMMEND READING THE FOLLOWING TEXT OF THIS OFFER BEFORE USING THE SERVICE “TACHKU”.
1. DEFINITION OF TERMS AND CONCEPTS
USED IN THIS AGREEMENT
1.1. In this License Agreement, if the text doesn’t imply different the following words and expressions will have the following meanings:
1.1.1. The Licensor is a party in this License Agreement which grants the User the right to use the Service, the Site and the Mobile Application.
1.1.2. The Licensee is a capable natural person who accepted the Offer and registered in the Service.
1.1.3. The site is a website located on the Internet on www.tachku.com. All the rights on the Site belong to the Licensor on the basis of relevant documents.
1.1.4. The mobile application is a mobile application "TACHKU", software on the operating systems Android and iOS. All the rights on the Mobile Application belong to the Licensor on the basis of the relevant documents.
1.1.5. The Service "TACHKU" is the Licensor's software placed on the Site and in the Mobile application which allows the User to get the access to the functionality of the Site and the Mobile application. The service may consist of graphic, textual, as well as other information, software (in the form of words, numbers, codes, schemes, symbols or in any other form) and elements necessary for proper functioning. All the rights on the Service and all its components belong to the Licensor on the basis of relevant documents.
1.1.6. The registration is actual actions aimed at creating a User account.
1.1.7. The Account is a collection of information about the User stored in the Service, including the login and password.
1.2. The terms not defined in the cl. 1.1.1. - 1.1.7 of the Agreement can be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement you should be guided by the interpretation of the term defined: first of all, by the legislation of Ukraine, secondly - on the site www.tachku.com, and then – by the established (commonly used) term on the Internet.
2. PROCEDURE FOR CONCLUSION THE AGREEMENT
2.1. In accordance with Art. 642 of the Civil Code of Ukraine the full and unconditional acceptance of the terms and conditions of this public offer for the conclusion of the License Agreement is the fact of the User's registration in the Service and making the Account. The moment of making the User’s Account in the Service shall be considered the moment of signing this License Agreement between the Licensor and the User and granting the User the right to use the Service.
2.2. By concluding the License Agreement, the User confirms that he is fully acquainted with and he agrees with his terms and conditions, he authorizes the Licensor to process his personal data in order to fulfill the onditions of this License Agreement.
2.5. The text of this License Agreement may be changed at any time without prior notice to the User. The changes come into force on the next day from the moment of their publication on the Site www.tachku.com. The continuation of using the Service will mean full compliance with all the terms and conditions of the License Agreement without any exceptions.
2.6. This License agreement is always posted on the Internet on www.tachku.com
3. SUBJECT OF THE CONTRACT
3.1. The Licensor, on the terms provided for in this License Agreement, grants to the User a non-exclusive license without the right to transfer or alienate on the Service that is the subject of intellectual property.
3.2. None of the provisions of this License Agreement grants the User the right to own the Service or any other object of intellectual property.
3.3. The effect of a non-exclusive license is limited on the territory of Ukraine.
3.4. The rights to all objects of intellectual property (the Service, the Site and the Mobile application, any of their components) belong to the Licensor on the basis of the relevant documents.
4.1. The User makes the use of the Service taking into account the available functionality that may be changed and / or supplemented at any time. The service functionality available to the User may vary depending on the location of the User.
4.2. The User does not have the right to use the information posted in the Service for illegal, immoral acts.
4.4. The User has no right to make changes in the functionality of the Service, interfere in any way and prevent the normal operation of the Service.
4.5. The User making use of the Service guarantees that he complies with the Ukrainian legislation in full.
4.6. The Licensor has the right to grant a non-exclusive license for the Service, or a separate functionality of the Service, both on a reimbursable and non-reimbursable basis. In case of providing the Service or a separate functionality of the Service on a reimbursable basis, the information on the amount of the Licensor's remuneration and the procedure for its payment by the User may be posted on the site and / or in the Mobile Application.
4.7. In the event of non-payment of a license fee for granting the right to use a separate functionality of the Service, the Licensor has the right not to provide such functionality to the User, limited to granting the right to use the free functionality of the Service.
5.1. The Registration in the Service is carried out using the Internet, strictly in a voluntary manner. Having proceeded to the registration, the User declares that:
5.1.1. he is a capable person.
5.1.2. he is acquainted with the terms of this License Agreement and fully accepts its terms;
5.1.4. Some of his data after registration will be publicly available, taking into account the features of the functionality of the Service and it will be visible in his profile to other Users;
5.1.5. He understands that registration may require any information about the User, including personal data and he agrees to provide it and he also agrees that such data will be processed by the Licensor both independently and with the involvement of the third Parties;
5.1.6. He understands and agrees that the Service may contain advertising.
5.1.7. He understands and agrees that notifications, requests, including advertising information of the Licensor may be sent to his / her phone number and / or e-mail.
5.2. The registration finishes at the moment of filling all the required forms by the User (which can be changed at any time) and sending the data to the Service by performing certain actions, including pressing the "Agree" button or performing other actions, the order of which may be changed at any time. From this moment an Account is made referring to the User.
5.3. The User is considered registered in the Service at the moment of granting him the access to the Service functionality.
5.4. The additional registration and the provision of additional information may be required to obtain additional functionality of the Service from the User. In this case, such registration is considered completed at the moment of providing the User with additional functionality of the Service, subject to the provisions of clause 5.2. of the actual Agreement.
5.5. The user has the right to change and / or delete information about himself provided at the registration in the Personal Account at any time, taking into account the available functionality of the Service.
5.6. The User guarantees that the data provided by him at the registration is authentic and the User has the right to dispose of it.
6. PERSONAL DATA
6.2. The consent of the User on the processing of his personal data shall be deemed received at the moment of registration of the User in the Service (subject to clauses 2.2., 5.1., 5.2., 5.4. of the License Agreement) and shall remain in force throughout the term of this License Agreement.
6.3. The purpose of processing the User's personal data is to conclude this License Agreement and grant the right to use the Service and / or additional functionality of the Service.
7. RIGHTS AND OBLIGATIONS OF THE LICENSOR
7.1. The licensor is obliged:
7.1.1. To ensure the technical operation of the Service in accordance with its capabilities.
7.2. The licensor has the right:
7.2.1. At any time for any reason, without prior notice to the User, to refuse to grant the right to use the Service and / or restrict the User's access to a separate functionality of the Service. In this case, the Licensor has the right, at its discretion, not to return a license fee to the User;
7.2.2. To obtain a license fee in accordance with the terms of this License Agreement and other terms and conditions of the Service;
7.2.3. To show ads using the Service;
7.2.4. To send notifications, requests to the User on his phone number and / or e-mail address.
7.2.5. To suspend the Service for the purpose of scheduled maintenance;
7.2.6. At any time without prior notice to the User, to change the functionality of the Service, its appearance, purpose.
7.2.7. To delete any information that does not comply with the provisions of this License Agreement.
8. REFUSAL OF WARRANTIES
8.1. The Licensor does not guarantee that the Service will work without errors and in an uninterrupted mode or that any defects will be corrected, or that using the Service will lead to certain results. The service is provided in accordance with the international principle "as is" and "as available". The Licensor does not guarantee that the Service does not contain undesirable functions. The Licensor refuses to provide any guarantees, explicit or implied, including any warranties of accuracy, observance of rights, the applicability for sale and applicability for the use in specific purposes. The Licensor refuses any responsibility for the acts, inaction and behavior of any third parties in connection with the use of the Service. You assume full responsibility for your use of the Service. Your only measure against the Licensor in case of the dissatisfaction with the Service is the termination of the use of the Service and cancellation of the License Agreement.
8.2. The above rule is applied to any damage, liabilities or damage caused by any malfunction, error, non-compliance, interruption, deletion, damage, delay of operation or transfer, virus, communication line failure, theft, destruction, unauthorized access, modification or use, both due to violation of the License Agreement, violation of law, negligence and any other basis for the claim.
8.3. The Licensor is not responsible for the inability to use the Service for the reasons that depend on the User.
8.4. The Licensor is not liable for the Users' legal capacity.
8.5. The User is solely responsible for the safety and confidentiality of logins and passwords of the account and for the losses that may arise due to unauthorized use of accounts. All the actions performed using the User account are deemed to be performed by the User. The User is solely responsible to the third Parties for all actions performed using the login and password of any of his accounts. The Licensor is not liable for unauthorized use of the User's registration data by the third Parties.
8.6. Except for the rights and obligations expressly stated in the text of this License Agreement, the Licensor does not provide any other direct or implied warranties, services and rights under this License Agreement and it expressly disclaims any warranties, services and rights that, according to the User’s opinion, are provided to or they must be provided.
8.7. The Licensor does not participate in the interaction of Users among themselves when using the Service.
8.8. The licensor is not liable for the property of the Users.
9. RESPONSIBILITY OF THE PARTIES
9.1. The Parties are responsible for the failure to perform or improper fulfillment of this Agreement in accordance with the legislation of Ukraine and this Agreement.
9.2. The Licensor's liability to the User is limited by the amount of the license fee, but in any case it cannot be more than 1 000 UAH.
9.3. The User is responsible for any of his actions and / or inaction, whether intentional or unintentional, as well as for any actions and / or inactions of persons using his credentials related to the use of the Service, which resulted in and / or may lead to violation of Ukrainian legislation, as well as for any damage caused by the above actions and / or inaction to the Licensor, to the third Parties. The Licensor shall not be liable for such actions and / or inaction of the User or persons using his credentials, as well as the consequences of such actions and / or inaction.
9.4. The User is solely responsible for non-compliance with the legislation of Ukraine.
9.5. The Licensor is not liable for the actions of the Users, including when the actions of one User while using the Service caused harm to another User, including the reasons beyond the control of the Users. The Users are obliged to resolve independently all the disputes and disagreements among themselves. The licensor cannot be involved as the third party in the disputes arising between the Users or between the User and the third party.
10. FORCE MAJEURE
10.1. In accordance with the objectives of the License Agreement, force majeure circumstances (force majeure circumstances) are any insurrections, riots, wars, strikes or other collective labor disputes, any fires, floods or other natural disasters, as well as other circumstances, including the adoption of new legislative acts by State bodies of Ukraine that a Party or Parties can not foresee, they cannot directly affect and which do not depend on the will of the Parties.
10.2. The Parties shall not be liable for full or partial default of obligations under this License Agreement, if such failure is a consequence of force majeure circumstances.
10.3. The parties are obliged to inform each other in writing about the occurrence of force majeure circumstances within 2 (two) calendar days from the moment of their occurrence and take all the necessary measures to prevent and minimize the negative consequences of force majeure circumstances.
10.4. If the period of force majeure exceeds 1 (one) month and the purpose of this Agreement cannot be achieved, each of the Parties is entitled to terminate this Agreement by sending a written notification to the other Party. This Agreement shall be deemed terminated upon the receipt of such message.
11. TERMINATION OF THE AGREEMENT
11.1. This License Agreement may be terminated ahead of time:
11.1.1. in unilateral extrajudicial procedure by the Licensor without prior written notification by refusing to grant the access to the Service in cases provided with this License Agreement.
11.1.2. in unilateral extrajudicial procedure by the User by sending a written notice of termination of this License Agreement. In this case, the License Agreement shall be considered terminated within 3 calendar days from the date of receipt of the User’s notification by the Licensor. The User must stop using the Service and remove the Mobile application from his device.
12. SETTLEMENT OF DISPUTES РАЗРЕШЕНИЕ СПОРОВ
12.1. On all issues that are not regulated by the terms of this Agreement, the Parties are guided by the current legislation of Ukraine.
12.2. The parties should try to resolve all disputes and disagreements that may arise in connection with the implementation of this Agreement through negotiations. The User is obliged to send a claim in writing according to the requisites provided for in clause 13.2 of this License Agreement. The time for claim consideration is 35 (thirty five) calendar days.
12.3. In the event if the disputes arising between the Parties in connection with the implementation of this Agreement can not be resolved through negotiations, these disputes must be sued to the competent court of Ukraine for the resolution with application of the material and procedural law of Ukraine.
13. OTHER PROVISIONS
13.1. The provisions of this License Agreement, the rights and obligations of the Parties arising from it are regulated by the legislation of Ukraine.
13.2. The interaction with the Licensor is carried out by the following requisites: firstname.lastname@example.org. Address 050010, Republic of Kazakhstan, Medeu district, Almaty city, Bogenbai Batyra, d. 86/47, apt. (Office) room. 313