Close menu
Menu

Offer to Enter into an Agreement

for Providing Access to Online Service (Software Products Provision)

LIMITED LIABILITY COMPANY “UKLON AZERBAIJAN”, hereinafter referred to as “PARTY 1”, represented by Mammadov Xaqani Rustam ogli, Director, acting on the basis of the Charter, of the one part, and

any individual or legal entity, hereinafter referred to as “PARTY 2”, which accepts this Offer to enter into the foregoing Agreement for Providing Access to Online Service (this “Agreement”), of the other part, hereinafter collectively referred to as the “PARTIES”, and each individually a “PARTY”, have concluded this agreement as follows:

PREAMBLE

  1. The information provided herein shall be an official offer to any person to enter into this Agreement in accordance with the provisions of Article 408 of the Civil Code of the Republic of Azerbaijan. Upon acceptance this Agreement shall become a binding agreement, enforceable in accordance with its terms, pursuant to Article 409 of the Civil Code of the Republic of Azerbaijan, the terms and conditions of which are set and published by PARTY 1 on the Site (as defined in clause 1.6 below), provided that this Agreement may be concluded only by the full and unconditional acceptance (accession) of PARTY 2 to the proposed Agreement as a whole.

2. This Agreement shall establish the general conditions and procedure, according to which PARTY 2 obtains access to the Online Service (as defined in clause 1.3 below).

3. PARTY 2 shall be deemed to have accepted the terms and conditions hereof in full, without any restrictions, reservations or exceptions from the moment of its acceptance. Amendments hereto shall not imply termination or refusal of PARTY 2 to access the Online Service.

4.  By concluding this Agreement, PARTY 2 confirms that it has fully and completely read and agrees with all of its terms and conditions.

5. The Parties shall understand that the Online Service is accessed by downloading and using a computer program (Mobile Application, as defined in clause 1.7 below), as well as by entering the relevant data and using the software functions of the Site.

  1.  TERMS AND DEFINITIONS

 Unless the context requires otherwise, the capitalized terms and definitions used in this Agreement shall have the following meanings:

1.1 PARTY 1 shall mean a legal entity under the laws of Azerbaijan – LLC “UKLON AZERBAIJAN”, which provides PARTY 2 with access to the Online Service in accordance herewith.

1.2  PARTY 2 shall mean an individual or legal entity accessing the Online Service through the Site and Mobile Application.

1.3  Online Service or Technological Platform shall mean a technological platform «Uklon Driver», which is realized as an interconnected set of computer programs and electronic data in the form of digits, letters, symbols, images and their combinations (including graphic information, video information, etc.), designed for the automated monitoring, collection, processing, distribution, storage, and presentation of data about the Order, which have been placed on it by the Users, the automatic calculation of the value of the Order, taking into account the supply and demand ratio, weather conditions, route and its load, etc., and which automatically builds-up routes and provides a data exchange for communication with the User, and allows Party 2 to accept or reject the relevant Orders at their own discretion, publish its location data, provide estimates to the Users and interact with them, use the routes built-up by the program in real time as provided by the available functionality of the Online Service. The Online Service is the result of computer programming related to software products.

1.4 User shall mean any legally capable natural person above 18 (eighteen) years of age or a legal entity that has placed an Order using the Mobile Application or the site: uklon.eu., who (which) is either the holder or the authorized user of the Payment Card.

1.5  Order shall mean the User’s order for the provision of passenger transportation services by road, as well as the User’s vehicle driving services (driver services) and the User’s order for the delivery services structured by the required details.

1.6  Site shall mean a web page on the Internet at URL: uklon.eu. The Site is the result of computer programming related to software products.

1.7 Mobile Application shall mean a copy of the computer program in the form of a mobile application for iOS, Android mobile devices titled «Uklon Driver», which is provided by PARTY 1 to PARTY 2 for temporary use (during the term hereof) for the functional purpose of the end user as a tool to access the Online Service.

1.8  Offer shall mean a proposal of PARTY 1, published on the Site and addressed to an indefinite number of individuals or legal entities, to enter into this Agreement through its Acceptance.

1.9 Acceptance shall mean a full, unconditional and implicit acceptance by PARTY 2 of the terms and conditions of the Offer. By accepting the Offer, PARTY 2 confirms that it has read and fully, unconditionally and ultimately agrees with all the terms and conditions hereof, as well as its desire to accede hereto.

1.10  Bank shall mean Kapital Bank OJSC, which cooperates with PARTY 1 and is hereby accepted by PARTY 2 as the bank designated and authorized to arrange the cashless payments of Users for the Orders under the Online Service and the subsequent deduction of the amounts (fees) payable by PARTY 2 pursuant to clause 4.1.

1.11  Electronic commerce (services) shall mean the activity of PARTY 2 on the performance of services under the Order through the Online Service using the Mobile Application of PARTY 1.

1.12 API Interface shall mean the application programming interface provided for the implementation of the Electronic commerce (services).

1.13  Payment Card shall mean a payment instrument supported by the Bank’s processing system, used to pay for the cost of goods (services, works), to transfer of funds from one’s account to another person’s account, as well as to receive cash.

 2.  SUBJECT MATTER

2.1  PARTY 1 shall provide hereunder PARTY 2 with access to the Online Service, which is provided via the Internet on the Site and/or through the Mobile Application for a fee, as established herein. The provision of such access to the Online Service and associated arrangements shall be qualified as the provision and processing of information by PARTY 1 to PARTY 2.

2.2  Access to the Online Service shall be provided to PARTY 2 exclusively for its interaction with PARTY 1 for the purpose of the processing and implementation of the Orders and automatic build-up of optimal routes as provided by the functionality available for use of the Online Service. For such purposes PARTY 2 shall be granted a non-exclusive intellectual property right to use the Online Service (Technology Platform) and the objects of intellectual property rights included therein, and in particular their reproduction, in whole or in part, on their own computer and/or mobile device, in one copy on each device.

2.3  PARTY 2 shall decide at its discretion whether or not to accept the Order for implementation. Upon acceptance of the Order, PARTY 2 shall undertake to pay PARTY 1 the fee provided herein in accordance with clause 4.1 hereof.

2.4  The full and unconditional Acceptance of the valid Offer in accordance with Article 409.4 of the Civil Code of the Republic of Azerbaijan shall be the fact that PARTY 2 makes a payment subject to clause 4.1 below at the expense of the fee for access to the Online Service.

2.5  The Acceptance moment of the valid Offer, which is defined in clause 2.4 hereof, shall be deemed the moment of concluding this Agreement. The Agreement concluded through the acceptance of the Offer shall be legally valid in accordance with Articles 409.4 and 407.1 of the Civil Code of the Republic of Azerbaijan and equivalent to the agreement signed by the parties.

2.6  To gain access to the Online Service, PARTY 2 shall register through the Site or Mobile Application. As a result, a unique account (personal account) will be created, which shall provide access to the Online Service.

2.7  When registering, PARTY 2 is obliged to provide reliable information about itself by filling out the appropriate registration form. If PARTY 2 provides inaccurate or incomplete information during registration or later when using access to the Online Service, PARTY 1 shall have the right to suspend or cancel the account (registration) of PARTY 2 without any prior notification and without obtaining any consent from PARTY 2. PARTY 2 shall not have more than one registration for the access to the Online Service.

2.8  In the event that the actions of PARTY 2 may lead to the violation of any norms and rules of the applicable legislation or any human rights, as well as the possibility of claims against PARTY 1 or the involvement of PARTY 1 in responsibility for the actions of PARTY 2, PARTY 1 shall have the right to block the actions of the PARTY 2 immediately, and suspend or cancel the account of PARTY 2 without any prior notice and without obtaining any consent from PARTY 2.

2.9  During registration in the Online Service, PARTY 2 is required to enter a unique password. PARTY 2 bears full responsibility for the provided password’s reliability and the protection of its account. PARTY 2 shall bear all risks associated with accessing and using the Online Service by any third party that is not authorized to do so.

2.10  If a third party gains access to the account of PARTY 2, PARTY 2 shall immediately notify PARTY 1 to take appropriate action, provided that PARTY 2 can confirm its legal ownership over such account.

2.11  PARTY 2 shall independently ensure the preservation of information about its passwords, including but not limited to registration codes and other confidential information. PARTY 1 shall not be responsible for any consequences of the loss by PARTY 2 of confidential information about his personal data (login, password, registration code). This provision applies to PARTY 2’s voluntarily transferring personal data information to third parties and to PARTY 1, as well as to any loss of confidential personal data information against its will.

2.12  For the purposes of the Electronic commerce (services), PARTY 2 shall be qualified as the seller (supplier) of the service, the User shall be qualified as the buyer, and PARTY 1 (and the Bank) shall be authorized to act as the intermediary between such seller and the buyer. The PARTIES (and the Bank) shall comply with, and be subject to, all legal requirements of the Republic of Azerbaijan applicable to electronic commerce. PARTY 1 and the Bank shall be authorized to monitor the Electronic commerce (services) and take any measures for the purposes of ensuring the conformity of PARTY 2’s activities with the applicable laws and this Agreement.

2.13  PARTY 2 hereby authorizes PARTY 1 to act on its own behalf for the purposes of communicating and making arrangements with the Bank as required for the implementation of this Agreement and the conduct of the Electronic commerce (services). Such communications and arrangements with the Bank shall be made at the discretion of PARTY 1, provided that PARTY 2 shall have the right to request reasonable information about the scope and details of such arrangements. PARTY 2 specifically acknowledges and agrees that in no event shall PARTY 1 and the Bank be responsible for any relationship (including, but not limited to, any disputes and claims for performance of the Orders) between PARTY 2 and the Users connected with the provision of passenger transportation services by road, or the User’s vehicle driving services (driver services) and the User’s order for the delivery services.

2.14  PARTY 2 agrees that the Bank will collect the fees received by PARTY 2 for the performance of Orders under the Electronic commerce (services). After deduction of the fees for the services of PARTY 1 and the Bank, subject to clause 4.1 below, the outstanding amount shall be transferred by the Bank to the respective accounts of PARTY 2 (who are individuals) and the transfers to PARTY 2 (which is a legal entity) shall be made in accordance with relevant annexes to this Agreement executed between the PARTIES.

 3.  RIGHTS AND OBLIGATIONS

3.1  PARTY 2 shall:

– implement all the accepted Orders;

– maintain the car in good technical condition as required by the laws of Azerbaijan;

– comply with the passenger transportation rules defined by the laws of Azerbaijan;

– obtain all the necessary permits defined by the laws of Azerbaijan on the provision of services for domestic transportation of passengers by cars and provide PARTY 1 with all of the relevant documents confirming the compliance of PARTY 2 with all applicable legal requirements (including copies of documents confirming its tax identification number, the “badge of distinction” for each vehicle, its ownership and right to operate the vehicle, its driving license, its obligatory insurance policies and all other relevant documents.);

– transfer neither the right nor the possibility of access to the Online Service and the API Interface to any third parties and prevent any form of such transfers and possibilities of access;

– in a timely manner and in the full amount pay for access to the Online Service;

– provide PARTY 1 with the necessary information related to the fulfillment of the terms and conditions hereof;

– in case of refusal without valid reasons to implement the accepted Order, notify PARTY 1 thereof. Otherwise, the Agreement may be unilaterally terminated by PARTY 1;

– be fully aware of, and fully comply with, the “Terms and/or Rules of Cooperation” published on the Site;

– provide service to Users in the official language;

– broadcast music in the car only upon obtaining the consent of all Users;

– comply with all applicable laws and regulations, and abide with generally accepted ethical requirements;

– provide PARTY 1 with the following information and immediately inform PARTY 1 (and the Bank) in writing of any changes in such information:

full name (full name of the individual or the full company name, including organizational-legal form);

name, series and number and Fin code of identity document (applicable for individuals);

Tax ID;

contact phone number, the address, e-mail;

description of business activity;

information on bank account(s) and any payment transactions connected with the Electronic commerce (services).

3.2 PARTY 2 shall be entitled to:

– access the Online Service and use it in accordance with the terms and conditions hereof;

– receive from PARTY 1 the necessary clarifications related to the fulfillment of its obligations hereunder;

– refuse the transportation of items that are prohibited for transportation under the applicable laws of Azerbaijan or which may involve any other risks for the life, health and property of any party, including any third party.

3.3 PARTY 1 shall:

– provide PARTY 2 with the possibility to access the Online Service from an electronic device (mobile phone, tablet, computer) of PARTY 2 and the opportunity to register a personal account on the Site;

– require PARTY 2 to comply with the appropriate level of passenger service.

3.4 PARTY 1 shall be entitled to:

check the compliance by PARTY 2 with the terms and conditions hereof;

– in case of the non-fulfillment or improper fulfillment by PARTY 2 of the terms and conditions hereof, demand the elimination of the violations;

– refuse to allow PARTY 2 to enter into this Agreement or terminate it unilaterally without notice in case of any non-compliance or violation by PARTY 2 of the “Terms and/or Rules of Cooperation” published on the Site;

– terminate this Agreement unilaterally or temporarily suspend access to the Online Service (and the API Interface) or suspend any payment transactions without notice in the event there are suspicions that PARTY 2 or any third party (including, but not limited to, the User) commits fraudulent and/or other actions that violate the laws of the Republic of Azerbaijan and/or this Agreement and/or the rules of the international payment organization;

– obtain and transfer to the Bank all the information on PARTY 2, Users, Electronic commerce (services) and this Agreement;

– delegate any of the above listed rights to the Bank without any further consent of PARTY 2.

4.  FEE AND PAYMENT PROCEDURE

4.1  The amount of the fee payable to PARTY 1 for providing access to the Online Service shall be 12% of the cost of transportation paid by the User for Electronic commerce (services). The amount of the fee payable by PARTY 2 to the Bank shall be as follows: (i) for transactions made through Payment Cards issued by the Bank (“On-us” operation) – 1.5%; (ii) for the transactions made through Payment Cards issued by other banks (“Off-us” operation) – 2%; (iii) for “account to card” – 0.7% (minimum 0.35 AZN). Any amounts (fees, penalties etc.) payable by PARTY 2 pursuant to this Agreement shall be deducted (charged back) from the amount of the income of PARTY 2 received from the Users and shall then be transferred to the respective recipients entitled thereto.

4.2 Payments for Electronic commerce (services) shall be carried out using the API Interface provided by the Bank upon the creation of an appropriate user account of PARTY 2 in the Technological Platform. The payment procedure between Users and PARTY 2 shall be organized through Internet acquiring technology (“acquiring service”), under which all the payments from Users to PARTY 2 will be processed through the Bank. For the purposes of this clause, “acquiring service” shall mean a banking service provided when providing services for the transportation of passengers and/or goods by road for settlements between PARTY 2, the Users and PARTY 1 using various tools and means of payment. PARTY 2 hereby acknowledges and agrees that the existing practice for the use of an acquiring service for the payment procedure is comparatively new in the Republic of Azerbaijan and that certain changes and developments may be required for its implementation in future.

4.3  For the purposes of the creation of an appropriate user account of PARTY 2 in the Technological Platform subject to clause 4.2, PARTY 2 shall have the tax identification number (Tax ID), the “badge of distinction” for each vehicle used for the provision of the respective transportation services and comply with any other applicable legal requirements. PARTY 2 shall obtain detailed information on the existing procedure and requirements for obtaining the Tax ID and the “badge of distinction”, as well as on compliance with the applicable legal requirements by calling the telephone hotline “195” of the tax authorities of the Republic of Azerbaijan.

4.4  PARTY 2 shall be solely responsible for any licensing, tax payment, compliance and reporting obligations connected with its activities. PARTY 1 shall not be responsible for any issues and disputes between the Users and PARTY 2. The services of PARTY 1 under this Agreement shall be limited only to the provision of the Mobile Application to PARTY 2 for temporary use (during the term hereof) for the functional purpose of the end user as a tool to access the Online Service. PARTY 1 shall not be engaged or deemed to be engaged in the provision of any transportation services in the Republic of Azerbaijan under any circumstances.

4.5  For the purpose of promoting the Online Service, PARTY 1 shall be entitled, at its sole discretion, to conduct promotional campaigns involving, without limitation, bonus payments to PARTY 2 or discounting a price of the Order for the Users. In case of the latter, the discounted price difference shall be compensated by PARTY 1 to PARTY 2 by means specified in clause 4.2. hereof.

4.6  The fees specified in clause 4.1 above may be changed by PARTY 1 temporarily or on a permanent basis depending on the region and in connection with other factors at the discretion of PARTY 1, by notifying PARTY 2 in the manner specified in clause 5.3 hereof.

5.  VALIDITY AND TERMINATION

5.1  This Agreement shall be concluded for an indefinite period and may be terminated unilaterally by either of the PARTIES with prior notice to the other PARTY 5 (five) days before the date of termination.

5.2  If within 1 (one) year from the moment of making the last payment for access to the Online Service PARTY 2 has not made any more payments, this Agreement shall be deemed to be terminated. This provision shall not deprive PARTY 2 of the right to apply to PARTY 1 for the purpose of concluding a new Agreement in the future.

5.3  PARTY 1 shall have the right unilaterally to amend or update the terms and conditions hereof at any time. All of the amendments hereto, and any new version of the Agreement shall enter into force upon their publication on the Site, and PARTY 2 shall be responsible for reviewing and being informed of any such amendments on a regular basis. If such amendments (or any part thereof) are not acceptable to PARTY 2 for any reason, PARTY 2 shall have the right to terminate this Agreement with immediate effect by providing notice to PARTY 1.

6.  LIABILITY

6.1  For any non-fulfillment or improper fulfillment of the obligations, provisions or terms and conditions hereof, the responsible PARTY shall be held liable in accordance with the applicable laws of the Republic of Azerbaijan, unless otherwise provided herein.

6.2  In the event that PARTY 2 violates any of its obligations hereunder, PARTY 1 shall be entitled to terminate the access of PARTY 2 to the Online Service without notice.

6.3  The termination of access to the Online Service by PARTY 1 for the reasons specified in clause 6.2 hereof shall not release PARTY 2 from the fulfillment of the obligations arising before such termination of access to the Online Service.

6.4  In the event of the termination of access to the Online Service in accordance with clauses 6.2 and 6.3 hereof, to resume the provision of such access PARTY 2 shall cure any violations in full and inform PARTY 1 in that respect as soon as possible. In the event PARTY 2 does not wish to resume access to the Online Service within 5 (five) calendar days from the date of termination of such access, PARTY 1 shall be entitled to terminate unilaterally this Agreement.

6.5  In the event of the cancellation by PARTY 2 of the accepted Orders, PARTY 1 shall apply the following corrective measures: first and second cancellation – warning, third cancellation and more – penalty in the amount of AZN 2.8, cancellation of an order destinated to an airport – penalty in the amount of AZN 14.

6.6  In the event that PARTY 2 on multiple occasions unreasonably and/or incorrectly presses the SOS button, which is intended to be used exclusively for emergencies during the implementation of the Orders, PARTY 1 shall impose the penalty in the amount of AZN 2.8.

6.7  If PARTY 2 increases the cost of the transportation specified in the Order, PARTY 1 shall be entitled to charge PARTY 2 a penalty in excess of the cost of transportation specified in the Order.

6.8  In case of any damage to PARTY 1, as a result of the violation by PARTY 2 and/or persons involved by them of the Terms and/or Rules of Cooperation placed on the Site, PARTY 2, at the request of PARTY 1 shall compensate the damage sustained by PARTY 1.

6.9  All complaints and claims arising in any respect pertaining to the services of transportation and/or delivery, shall be accepted and considered with the help of the service (information) support of PARTY 1. If, based on the results of the consideration by PARTY 1 of Users’ complaints and claims it is determined by PARTY 1 that PARTY 2 was guilty or at fault in respect of the quality of the provided services, PARTY 2 shall be fully responsible for the violation of the quality of services which has arisen through its fault.

6.10  Any penalties and compensations payable by PARTY 2 to PARTY 1 may be deducted (charged back), without limitation, from the amounts of cashless income of PARTY 2 received from Users, subject to clause 4.

6.11  PARTY 1 and the Bank shall have the right to monitor all of the operations and transactions connected with the Electronic Commerce (Services). In the event that PARTY 1 determines the existence of any suspicious elements (from a legal, practice, established standards point of view), PARTY1 and/or the Bank shall have the right to suspend any such operations until the satisfactory resolution of the respective issues and/or to terminate the respective contractual relationship unilaterally at their sole discretion.

7.  FORCE-MAJEURE

7.1  Neither PARTY shall be liable for non-fulfillment or improper fulfillment of its obligations under this Agreement if such non-fulfillment or improper fulfillment is caused by force-majeure.

7.2  The force-majeure shall include, in particular, but shall not be limited to: (1) fire, flood, earthquake, explosion, storm, landslide, epidemic and other natural phenomena and natural disasters; (2) also warfare, strikes, failures in the operation of payment schemes, adoption by the government or local authorities of a decision making it impossible to properly implement this Agreement and/or other events that prevent the fulfillment or proper fulfillment of the obligations of such Party.

8.  PERSONAL DATA

8.1  All issues related to the collection, use, processing and protection of personal data of PARTY 2 shall be governed by a separate “Privacy Policy” published on the Site.

9.  MISCELLANEOUS

9.1  This Agreement shall be freely available on the Site. The Agreement shall enter into force from the moment of its Acceptance.

9.2  The Agreement may be concluded with any individual who has reached the age of majority, has full legal capacity and competence, has a tax identification number (Tax ID) and the “badge of distinction” for each vehicle used for the provision of the respective transportation services. The Agreement may be concluded with any legal entity established in accordance with the laws of the Republic of Azerbaijan and has a tax identification number (Tax ID) and the “badge of distinction” for each vehicle used for the provision of the respective transportation services.

9.3  The place of conclusion hereof shall be the location of PARTY 1.

9.4  In cases not provided for herein, the Parties shall be governed by the applicable laws of the Republic of Azerbaijan.

9.5  Any disputes and disagreements arising out of or in connection herewith or its conclusion, implementation or termination shall be settled by negotiations between the PARTIES. If the PARTIES cannot settle the dispute through negotiations within 30 (thirty) calendar days after one of the PARTIES notifies the other PARTY in writing of the occurrence of such dispute or disagreement, then such dispute shall be resolved in court under the jurisdiction of the Republic of Azerbaijan.

9.6  This Agreement shall not establish any other legal relationship (including employment relationship) between PARTY 1 and PARTY 2, and/or with any third parties other than established herein.

9.7  If any provision or condition hereof is held invalid or unenforceable, all other provisions and conditions shall remain valid and enforceable. All such invalid or unenforceable provisions shall be amended to be valid, enforceable and reflect the intentions of the PARTIES.

9.8  The database formed as a result of the provision of services by PARTY 1 shall be the exclusive property of PARTY 1, and PARTY 2 shall have no rights or powers over it, including regarding the registration of the database in accordance with the applicable laws of the Republic of Azerbaijan.

9.9  This Agreement is made in Azerbaijani, but is provided for informational purposes also in Russian and English. In case of discrepancies between the original version hereof in the Azerbaijani language and the version hereof in other languages, the provisions of the original version hereof – in the Azerbaijani language – shall prevail.

10.  DETAILS:

“UKLON AZERBAIJAN” LLC

Neftchilar avenue 153, Nasimi district, Baku, Azerbaijan, AZ1010

TIN (VÖEN): 1406338961

S/a: AZ28AIIB400500E9447235089107

Bank: Khatai branch of Kapital Bank OJSC

TIN (VÖEN): 9900003611

Code: 200071

C/a: AZ37NABZ01350100000000001944

SWIFT: AIIBAZ2X

Version effective date: May 01, 2023.

Privacy Policy

This Privacy Policy was developed by Limited liability company “UKLON AZERBAIJAN”, TAX ID No. 1406338961, location: Neftchiler avenue 153, Nasimi district, Baku city, AZ1010, Azerbaijan (hereinafter referred to as “We” in the appropriate cases), which is the owner of personal data within the meaning of the Law of Republic of Azerbaijan “On Personal Data” dated May 11, 2010 No. 998-IIIQ (hereinafter referred to as the “Law”) and is regulated by this Law.

Consistent and effective protection of your personal data is one of Our priorities, so We make every effort to keep your personal data safe.

With this Privacy Policy, we would like to inform you about what personal data we process and how we process it, as well as the purposes and means of personal data processing and protection. This Privacy Policy applies to all types of personal data of users of the online service “Uklon” and users of the online service “Uklon Driver”, which We collect and process through the website: https://uklon.eu (hereinafter – “Website”), applications for mobile devices “Uklon” and ” Uklon Driver ” for iOS and Android (hereinafter referred to as ” Mobile Applications “), as well as through other sources specified below in this Privacy Policy. By using and registering on the Website and/or in the Mobile Applications, as well as when placing an order without registration through the Website, You confirm, warrant and declare that You have read and understood this Privacy Policy and give your unequivocal consent to Us processing (within the meaning of article 2.1.8 of the Law) Your personal data in accordance with this Privacy Policy. If you do not agree to these Terms in their entirety, do not use the Website and/or Mobile Applications.

We may make changes to these Terms supplement them or otherwise change these Terms from time to time without prior notice to you, so We recommend that you regularly check these Terms on the Website and thereby agree to any changes to these Terms. We may notify you of any material additions or changes to this Privacy Policy. If you do not agree to any material or other additions or changes made or may be made in the future, do not use the Website and/or Mobile Applications.

This Privacy Policy is written in the Azerbaijani language, but is available for viewing in Russian and English. In case of inconsistency between the terms of this document in Azerbaijani and its translations in Russian and English, the Azerbaijani version of the document shall have legal force.

What personal data do we process?

Personal data that you provide to Us

A) Users of the online service “Uklon”.

We process the personal data that you provide to Us, namely: name, email address, phone number, and city, both when filling out the registration form on the Website or in the Mobile Application, and when filling out your profile. We can also process your personal data when you register via Facebook, Google plus.

We process your personal data, namely: phone number and username when you place an order through the Website without registration.

We also process your personal data in cases where you need to contact Our customer support service or contact Us through other channels (for example, through social networks).

There are other cases when you provide us with personal data. You can create an account (account), which allows you to save personal settings, view previous orders, plan future orders and manage current ones.

By participating in promotions or sweepstakes, you will also provide us with your personal data. In addition, you can send Us feedback about the Website and Mobile Application, share your opinion or ask for help with using the Website or Mobile Application.

In the case of shipment insurance, if you ordered a delivery service, you provide us with your personal data: address, surname, first and last name, and phone number.

B) Uklon partners (users of the online service “Uklon Driver”).

We process personal data that you provide to Us: name, surname, email address, phone number, vehicle registration certificate data, driver’s license data, your photo (image) and your date of birth upon entering into an Agreement with Us on providing access to the online service (supply of software products) by accepting the Public Offer posted on the Website, other information that You voluntarily provide to Us.

We also process your personal data in cases where you need to contact Our partner support service or contact Us through other channels.

There are other cases when you provide us with personal data. You can create an account (personal account), which allows you to save personal settings, upload photos, view completed orders, etc.

By participating in promotions or sweepstakes, you will also provide us with personal data. In addition, you can send Us feedback about the Website and Mobile Application, share your opinion or ask for help with using the Website or Mobile Application.

In order to strengthen the security measures of the users of the online service “Uklon” and the proper additional verification/identification of the identity of the Uklon Partner, We may also process the following personal data of the Uklon Partners, namely: data of identity documents (for example, passport number and series, its validity period, date of issue and name of the body that issued it; data of residence permit) and/or their copies, other information voluntarily provided by Uklon Partners.

Data that We process automatically

We may automatically process certain data, including your IP address, the date and time you used Our Services, information about hardware and software, as well as the Internet browser you use, as well as information about the operating system of your computer or mobile device (for example, application versions and language settings). We may also collect information about clicks and pages that We have shown you.

If you use a mobile device, We may also receive data identifying that device, its settings and characteristics, location data, application crashes, other system operations, and your advertising identifiers. When you place an order through the Website or Mobile Application, Our system records by which means and through which websites it was made or from which websites you went to the Website or Mobile Applications.

Mobile applications can access various services and data of your mobile device, including but not limited to the phone book (contacts), location and external data storage devices (memory cards). In any case, access to the services of your mobile device is possible only in case of providing your separate and unambiguous consent in response to Our push message.

The above types of information may not always contain personal data (that is, data that identifies or can identify you). Some of this information may instead constitute non-personal data (that is, data that does not and cannot identify you).

Personal data of other persons that you provide to Us

Users of the online service “Uklon”.

Of course, you can make an order not only for yourself. You can order a transportation service for any person by providing Us with their phone number and name. In addition, when ordering a delivery service, you provide us with the personal data of the recipient of the shipment: delivery address, surname, first name and phone number. However, in this regard, We must note that You are responsible for ensuring that the person whose personal data You have provided knows that You have done so, understands and agrees to the manner in which You use your personal data (as set out in these Provisions).

To do this, you are obliged to share in advance a link to this Privacy Policy available on the Website with such a person, and hereby you confirm that you have done so, obtained the unequivocal consent of the such person to the processing of his personal data in accordance with the conditions set forth herein Privacy Policy, and will provide such consent to Us upon request.

Information obtained from other sources

This information may include user feedback such as ratings or compliments, information from users or others who provide information in connection with claims or disputes, information from insurance providers, financial service providers, and information from publicly available sources. We may combine information collected from these sources with other information in Our possession.

Why do we process your personal data?

We process the following personal data for the following purposes. In particular, your personal data may be used as follows:

A) Users of the online service “Uklon”.

– Placement of orders: We use your personal data for the purpose of placing orders for passenger transportation and/or delivery in the online service “Uklon” and for the transfer of your personal data to Partners in order for the Partners to fulfil the respective orders. We may transfer your personal data to Partners in other cases only with your separate consent.

– Customer Support: We provide 24/7 customer support. With your personal data, the support team can help you with orders and answer related questions, as well as any other questions.

– Account (account): users can create an account on the Website or in the Mobile Application. We use the information you provide to us to manage your account.

– Marketing: We also use your personal data (phone number and e-mail address) to send information, newsletters, advertising and promotional materials. When participating in promotions, the relevant information will be used to manage these promotions. We also post information, newsletters, advertising and promotional materials on the Mobile App and on the Website.

You have the right to refuse to receive (email) information, newsletters, advertising and promotional materials by sending a corresponding message to the e-mail address: privacy@uklon.eu.

– Communicating with You: We may also contact You about other matters by e-mail, telephone and electronic messages, depending on the type of contact information You have shared with Us. We also make every effort to process all requests that you send to us.

– Call tracking: when you call the support service, we use an automatic number identification system to identify your phone number with your order – this will help both you and us save time. Conversations with support service employees can be listened to in real-time or recorded for the purpose of monitoring the quality of service provision and further training of Our team. Records are stored for a limited period of time in accordance with the purpose of their processing and are deleted automatically, except when We consider it necessary to keep them for a longer period (if necessary, including for the purpose of investigating cases related to violations of the law). All recordings of telephone conversations will be used in accordance with this Privacy Policy. Hereby, You give your unequivocal consent to the listening and recording of telephone conversations and the processing of relevant personal data by Us.

– Use of your mobile device services: The mobile application may access various services and data of your mobile device, including but not limited to phone book (contacts), location and external data storage devices (memory cards). Access to the services of your mobile device is possible only if you give your separate and unambiguous consent in response to Our push message.

– Protection of your life and health during transportation: We may transfer your personal data (name, surname, phone number, travel route and location) to emergency services in order to save your life or health and/or prevent the threat of accident harm to your life or health during the trip if you pressed the SOS button in the ” Uklon ” Mobile application.

– Legal purposes: We can use your personal data to process and transfer them to competent authorities only in cases provided for by the current legislation of the Republic of Azerbaijan.

B) Uklon partners (users of the online service “Uklon Driver”)

– Fulfillment of orders: We process your personal data, if you have accepted an order for transportation and/or delivery, to transfer them to the user of the online service ” Uklon “.

– Partner support service: We provide support for Partners. With your personal data, the support team can help you with orders and answer related questions, as well as any other questions.

– Account (personal account): Partners can create a personal account on the Website. We use the information you provide to us to manage your personal account. We securely store and do not transfer to third parties data related to settings and statistical information contained in the Mobile Application (settings of filters and order selection algorithms, statistics of completed orders, etc.).

– Marketing: We also use your personal data to send information, newsletters and advertising materials. When participating in promotions, the relevant information will be used to manage these promotions.

You have the right to refuse to receive (email) information, newsletters, advertising and promotional materials by sending a corresponding message to the e-mail address: control@uklon.com.ua.

– Communicating with You: We may also contact You about other matters by e-mail, telephone and via electronic messages, depending on the type of contact information You have shared with Us. We also make every effort to process all requests that you send to us.

– Call tracking: when you call Partner Support, we use an automatic number identification system to identify your phone number with your order – this will help both you and us save time. Conversations with support service employees can be listened to in real-time or recorded for the purpose of monitoring the quality of services and further training of Our team. Records are stored for a limited period of time and are deleted automatically, except when We consider it necessary to keep them for a longer period (if necessary, including for the purpose of investigating cases related to violations of the law). All recordings of telephone conversations will be used in accordance with this Privacy Policy. Hereby, You give your unequivocal consent to the listening and recording of telephone conversations and the processing of relevant personal data by Us.

– Use of your mobile device services: Mobile applications can access various services and data of your mobile device, including but not limited to: location and external data storage devices (memory cards). Access to the services of your mobile device is possible only in case of providing your separate and unambiguous consent in response to Our push message.

– Search for things left in the car: We transfer your name and phone number to users of the online service “Uklon” in order to help them return personal things left in the car during transportation.

We can transfer your phone number to users of the online service “Uklon” in other cases only if we receive your separate consent.

– Accounting purposes: We use your surname and name for the purpose of accounting and tax accounting of the services provided to you.

– Legal purposes: We can use your personal data to process and transfer them to competent authorities only in cases provided for by the current legislation of the Republic of Azerbaijan.

How do we transfer your personal data to third parties?

Under certain circumstances, We may transfer your personal data to third parties.

Any transfer of your personal data, which is carried out on the basis of your consent to the processing of personal data in accordance with this Privacy Policy, will not require your separate consent or provide you with a separate notice.

A) Users of the online service “Uklon”.

– Placement of orders: We transfer your personal data to the Partners for the purpose of the Partners fulfilling your orders. In other cases, at the written or verbal request of the Partner, We can transfer your phone number to the Partner only in case of receiving your separate consent.

– Third-party service providers: We may use the services of third parties to process your personal data on our behalf, who will be considered personal data operators within the meaning of the Law. This processing takes place for various, but always legitimate purposes, for example, to send information and advertising materials on Our behalf and in Our interests. Independent service providers agree to mandatory confidentiality and may not use your personal data for other purposes. We do not transfer your personal data to third parties for sending information and advertising materials on behalf and in the interests of persons other than Us.

– Competent state authorities: We transfer personal data to law enforcement, tax, fiscal and other competent authorities to the extent and in those cases required by the current legislation of the Republic of Azerbaijan, in particular, if it is necessary to prevent, detect or stop criminal acts and fraud, in addition, personal data in the appropriate amount may be transferred to competent authorities to protect Our rights or property, as well as the rights and property of Uklon Partners.

– Insurance companies: by signing the relevant annexes to the contract with the insurance company, We transfer your personal data to the extent necessary for insuring your life and health during transportation, as well as by notifying the insurance company of your personal data in writing in case the occurrence of an insurance event as a result of your ordering a delivery service.

– Protection of your life and health during transportation: We may transfer your personal data (name, surname, phone number, travel route and location) to emergency services in order to save your life or health and/or prevent the threat of harm to your life or health during the trip if you pressed the SOS button in the “Uklon” Mobile application.

– Financial partners: We transfer your travel history, order information, as well as data confirming the fact of communication with you regarding the trips made, including, but not limited to, screenshots of e-mail correspondence and other means of communication with a list of personal data, specified by you during registration in the online service “Uklon”, the date of your registration to the relevant requests of financial partners – providers of financial services in order to confirm the trips you have made. You hereby consent to the transfer of the specified screenshots of correspondence by Us to financial companies and confirm that such transfer will not constitute a violation of the confidentiality of correspondence.

– We can transfer your personal data to third parties for the purpose of sets-off with bonuses collected through purchases in Umico partner network and Umico marketplace mobile application and creation a Umico account for you for the purpose of such sets-off and you, hereby, give your unequivocal consent to that.

B) Uklon partners (users of the online service “Uklon Driver”).

– Fulfillment of orders: We transfer your personal data to users of the online service “Uklon” whose orders you fulfil.

– Third-party service providers: We may use third-party services to process your personal data on Our behalf. This processing takes place for various purposes, for example, for sending informational materials on Our behalf and in Our interests. Independent service providers agree to mandatory confidentiality and may not use your personal data for other purposes.

– Competent state authorities: We transfer personal data to law enforcement, tax, fiscal and other competent authorities to the extent and in those cases required by the current legislation of the Republic of Azerbaijan, in particular, if it is necessary to prevent, detect or stop criminal acts and fraud, In addition, personal data to the extent appropriate may be transferred to competent authorities to protect Our rights or property, as well as the rights and property of users of the Website and Mobile Applications.

– Search for things left in the car: at the written or verbal request of the users of the online service “Uklon”, we give them your name and phone number in order to help them return personal things left in the car during transportation. In other cases, at the written or verbal request of users of the online service “Uklon”, we can transfer your phone number to them only if we receive your separate consent.

– Financial partners: We transfer the history of completed orders, personal data specified by you during registration in the online service “Uklon”, data contained in your personal account, as well as data confirming the fact of communication with you regarding the trips made, to include, but not limited to, screenshots of e-mail correspondence and other means of communication at the relevant requests of financial partners – providers of financial services. You hereby consent to the transfer of screenshots of the correspondence specified by Us to financial companies and confirm that such transfer will not constitute a violation of the confidentiality of the correspondence.

– We can transfer your personal data to third parties for the purpose of arranging sets-off by means of bonuses collected through purchases in Umico partner network and Umico marketplace mobile application and creation a Umico account for you for the purpose of such sets-off and you hereby give your unequivocal consent to that.

By accepting the terms of this Privacy Policy when registering on the Website and/or in the Mobile Applications or when placing an order through the Website without registration, You give your unequivocal consent to the collection, use and processing, including recording, systematization, updating, changing, extraction, depersonalization, storage, transfer as well as cross-border transfer and destruction of Your personal data by Us in accordance with this Privacy Policy and confirm that, that by giving such consent, you are acting of your own free will and in your own interests. Consent to the processing of personal data is given by you to carry out any actions regarding personal data that are necessary to achieve the above goals, including, but not limited to: collection, systematization, accumulation, storage, adaptation, clarification (updating, changing), use, distribution (including through implementation or transfer), cross-border transfer, depersonalization, blocking, destruction, as well as carrying out any other actions with personal data in accordance with the current legislation of the Republic of Azerbaijan.

When processing personal data, We are not limited in the application of their processing methods. Processing of personal data is carried out using automation tools.

The above consent also includes Your consent to add You to the user base of the Website and Mobile Applications on the day of registration on the Website and Mobile Applications.

The following types of personal data can be processed only on the basis of your separate, unambiguous consent in response to Our push message: location, phone book (contacts), and memory card recording. You may withdraw such separate consent at any time. If you have withdrawn your consent, you will not be able to use any services or functions that require the processing of personal data that we have collected on the basis of separate consent.

You can withdraw your consent to the processing of and demand destruction of all copies of any personal data by sending a corresponding message to the e-mail address: privacy@uklon.eu. Please include “Revocation of Consent” in the subject line of your message to expedite Our response.

At the same time, withdrawal of consent to the processing of personal data is possible only in relation to the future processing of personal data. Withdrawal of consent does not affect the legality of personal data processing on the basis of your consent before its withdrawal or on other legal grounds provided for by the current legislation of the Republic of Azerbaijan.

In particular, We have the right not to delete personal data in the event of receiving from your notice of withdrawal of consent to the processing of personal data or a request for the deletion of personal data, if We are under obligation not to delete such personal data by virtue of laws of the Republic of Azerbaijan.

Since some personal data is required to provide access to the online service “Uklon” and/or the online service “Uklon Driver”, your account will be deleted after withdrawing consent to the processing of this personal data.

Personal data of users of the online service ” Uklon “, without which it is impossible to provide access to the online service “Uklon “:

Personal data of Uklon Partners (users of the online service “Uklon Driver”), without which it is impossible to provide access to the online service “Uklon Driver”:

In case of withdrawal of consent to the processing of other personal data that are not absolutely required to provide access to the online service “Uklon” and/or the online service “Uklon Driver”, your account remains active after the deletion of such data. We will always try to identify the request to ensure that it is coming from the account owner. If We cannot successfully identify the request, We will not be able to withdraw consent.

You can also contact the customer support service at +994125265701 or at the e-mail address az.uklon1@uklon.eu asking you to delete your account. After processing your request and carrying out identification, we will delete your account, except for the cases provided in this Privacy Policy.

What are your rights to your personal data?

In addition to other rights under the Law, according to Article 7 of the Law, you have the right:

How can you control the personal data provided to Us?

You always have the right to access your personal data that We process. You can send a request regarding personal data by sending us a letter by e-mail at the following address: privacy@uklon.eu. Indicate in the subject of the letter “Request for receiving personal data” to speed up the process.

You can also contact us at the address: Neftchiler avenue 153, Nasimi district, Baku city, AZ1010, Azerbaijan, if you believe that we have inaccurate or unreliable information about you and request that we change or destroy such personal data, or if you object to our processing of your personal data, or if you have other questions about the use of your personal data or questions about of this Privacy Policy.

Personal data storage periods:

A) Users online service “Uklon”.

Your personal data is stored for the period necessary to achieve the purposes of processing or for the established period of information storage, if this is provided for by the current legislation, with the exception of data about IP address, which are stored for three weeks from the moment of placing the order. If your account is deleted, your personal data will also be deleted from our database 3 (three) years after that, unless there are legal grounds for continuing to process them, for example, to fulfil our obligations under applicable law.

After achieving the purposes of processing or after the above three-year period or the statutory period of storage of personal data, We anonymize (depersonalize) your personal data so that they can no longer be associated with you personally. In this case, We will be able to use this information for the targeting of advertising and/or informational materials, for statistical, analytical or research purposes, without further informing You, since such information will cease to constitute personal data.

Deleting the Mobile application on your device does not lead to the deletion of your personal data.

If you exercise your right to delete your personal data, we will delete your personal data that we have processed for the purpose to which you have objected, without delay, in the absence of another legal basis for the storage and processing of this data or the requirement to store this data provided by the applicable legislation

B) Uklon partners (users of the online service “Uklon Driver”).

Your personal data is stored during the period necessary to achieve the purposes of processing or during the established period of information storage, if this is provided for by current legislation, with the exception of IP address data, which is stored for three weeks from the moment the order is placed. If your personal account is deleted, personal data will also be deleted from our database 3 (three) years after that, unless there are legal grounds for continuing their processing, for example, to fulfil Our obligations under current legislation.

After achieving the purposes of processing or after the above three-year period or the statutory period of storage of personal data, We anonymize (depersonalize) your personal data so that they can no longer be associated with you personally. In this case, We will be able to use this information for the targeting of advertising and/or informational materials, for statistical, analytical or research purposes without further informing You, as such information will cease to constitute personal data.

Deleting the Mobile application on your device does not lead to the deletion of your personal data.

If you exercise your right to delete your personal data, we will delete your personal data that we have processed for the purpose to which you have objected, without delay, in the absence of another legal basis for the storage and processing of this data or the requirement to store this data provided by the applicable legislation

Location of your personal data:

We care about the security of your personal data and therefore we store your personal data on servers located in in Germany, the Netherlands and Ireland.

We can too transfer yours personal data given to others countries, but only for purposes of processing data provided hereby Provisions or valid legislation. You hereby give your unequivocal consent to the transfer (as well as processing and storage) of your personal data outside of the Republic of Azerbaijan, including jurisdictions that are not recognized as providing adequate data protection. However, we always take measures to properly protect your data.

In case of transfer of your personal data to other countries We ensure an adequate level of data privacy in these countries and other sufficient data protection guarantees in the manner stipulated under the Law.

How do we protect your personal data?

We know that security is important to Our users, and We care about the security of Your personal data. We use technical, physical and administrative security measures to protect your personal data from loss, misuse, unauthorized access, disclosure or alteration. Some of the measures We employ include cross-network security measures, data encryption, physical access controls to Our data centres, and personal data access controls.

Access to personal data is provided to structural units and/or individual employees for the performance of their functional duties related to the fulfilment of Our contractual and legal obligations. Each employee/authorized person who has access to personal data signs an obligation not to disclose information to which he has access during the performance of functional duties.

We also need your help – it is your responsibility to ensure that your personal information is accurate and that your password and account registration information is secure and not shared with third parties.

If, when placing an order for transportation through the online service “Uklon”, you pay with a Uklon Partner by bank card, you automatically go to the website of the relevant financial service provider and provide your personal data and bank card data directly on the website of this financial service provider.

The Website or Mobile Applications do not collect any data about your bank cards. Uklon partners participating in the bonus program may, under certain conditions, provide us with their bank card details.

For any questions related to the protection and security of your personal data, contact the following address: Neftchiler avenue 153, Nasimi district, Baku city, AZ1010, Azerbaijan.

How do we treat children’s personal data?

We strictly adhere to the protection of children’s personal data. We do not knowingly collect, process or store the personal data of persons under the age of 18.

The Website and Mobile Applications are not intended for use by persons under the age of 18.

If you are under 18 years of age, please do not use or access the Websites or Mobile Applications at any time and in any manner.

If a parent or legal guardian believes that their child has accessed the Website and/or Mobile Applications and provided their personal information, We strongly encourage the parent or legal guardian to contact Us immediately and We will make every effort to promptly remove such personal data.

Cookies

We may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, and advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technologies (hereinafter referred to as “Cookie”) in connection with the use of the Website or Mobile Applications for certain purposes: Your authentication, remembering your settings and other purposes specified below.

A cookie is a small piece of data that is sent to the browser on your computer or mobile device. Cookies belonging to the Website or Mobile Applications are primary. Cookies that We allow other organizations to send through the Website are called “additional cookies”.

In addition, session and persistent cookies are distinguished. Session cookies remain valid until you close your browser or Mobile Application. Persistent cookies have a longer duration: they are not automatically deleted when you close the browser.

“Software Development Kits” (SDKs) function like pixels and cookies, but operate in mobile application environments where pixels and cookies may not always function. The developer of the underlying application may install code snippets (SDK) from partners in the application and thereby allow the partner to collect certain information about the user’s interaction with the application and information about the user’s devices and network information.

Cookies are used for various purposes. They help to recognize you as the same user on different pages of the Website or when using Mobile Applications.

The Website and Mobile Applications use cookies for various purposes:

This also means that We may use data about how You interact with the Website, including the number of page clicks, mouse movements and scrolling, search terms and other text that You enter into various fields.

For users of the Mobile application “Uklon”, as well as for Users of the Mobile application “Uklon Driver”, through the operating system of the mobile device, you can choose whether to allow the use of cookies or to share your advertising identifier with Us or Our advertising service providers.

If you do not want your personal data to be collected through cookies on the Website, you can disable cookies by configuring your internet browser to disable, block or disable cookies, deleting your browsing history and clearing your cache internet browser. You can also restrict the sharing of some of this data through your mobile device settings.

How to contact us?

Questions, comments and requests regarding this Privacy Policy are welcome and sent to Our customer support service at +994125265701 or to the e-mail address: privacy@uklon.eu.

If you believe that We have violated the terms of this Privacy Policy, contact Us and let us know which terms of this Privacy Policy have been violated. We will promptly consider your complaint.

The version is valid from April 10, 2023.

USER AGREEMENT

  1.  GENERAL PROVISIONS

1.1  The User Agreement (the “Agreement”) shall be an agreement between the User and the Administrator for the provision of access to the Online Service (software products provision), which supersedes all the previous agreements between the User and the Administrator.

1.2  When using access to the Online Service, the User regardless of its legal status and civil capacity shall be subject to the rules and restrictions set forth herein.

1.3  The Agreement subject to all the amendments shall be published on the Site and in the Mobile Application.

1.4  The User shall confirm that they have fully and completely read the terms and conditions hereof. In the event of the User’s disagreement with any of the provisions hereof, the User may not use access to the Online Service.

1.5  The User shall understand that the Online Service is accessed by downloading and using a computer program (Mobile Application), as well as by entering the relevant data and using the software functions of the Site.

1.6  The User shall agree to comply with the terms and conditions hereof when registering the User on the Site and/or Mobile Application, and/or placing an Order on the Site without registering the User.

1.7  The Administrator may supplement or in any other way amend this Agreement without prior notification of the User. The User shall hereby agree to amend the Agreement without receiving any special confirmation from the User.

1.8  In this Agreement, the following terms shall be used in the following meanings:

2.  USER REGISTRATION

2.1  To obtain access to the Online Service, the User shall register on the Site or Mobile Application, in which case a unique User account is created that provides access to the Online Service.

2.2  After registration, the User account in the Online Service “Uklon” will be linked to the User’s existing account in Umico marketplace mobile application (“Umico app”) for the purpose of participation in Umico loyalty campaign. If the User has no existing Umico app account, the User, hereby, gives unequivocal consent for automatic creation of such account subject to the rules stipulated in Umico Public Offer available at https://umico.az/ru/public-offer.

2.3 When registering, the User shall provide reliable information about themselves by completing the relevant registration form.

2.4  In the event the User provides inaccurate information during registration or subsequent use of access to the Online Service, the Administrator shall be entitled to suspend or terminate the account (registration) of the User without prior notice or without the consent of the User.

2.5  If the User’s actions may lead to violation of any provisions and rules of the applicable laws, human rights, as well as the possibility of claims against the Administrator or bringing the Administrator to liability for the actions of such User, the Administrator shall be entitled to immediately block the User’s actions and suspend or terminate the User’s account (registration) without prior notice or without any consent from the User.

2.6  The Administrator shall have the right to delete the User’s account in case of its non-use by the User within 12 (twelve) calendar months.

2.7  When registering on the Site and/or Mobile Application, the User shall enter a unique password. The User shall be fully liable for the security of the provided password and protection of its account.

2.8  In case of access by a third party to the User’s account, the User shall immediately notify the Administrator thereof to take the relevant measures, provided that the User can confirm the legitimacy of the account owned by the specific such User.

2.9  The User shall independently ensure that the information about its passwords and other confidential information is maintained. The Administrator shall bear no liability for the consequences of the User’s loss of confidential information about its personal data (login and password). This provision shall cover both the voluntarily transfer by the User of personal data to third parties, and the loss by the User of confidential information about personal data against its will.

3.  ACCESSING ONLINE SERVICE WITHOUT USER REGISTRATION

3.1  The User may use access to the Online Service without the User’s registration only when placing the Order on the Site. In this case, the User shall enter its name and phone number in the Order form.

3.2 Regardless of the fact of registration, the User shall undertake to comply with the terms and conditions hereof when using access to the Online Service by any means.

3.3  If the User’s actions may lead to violation of any provisions and rules of the applicable laws, human rights, as well as the possibility of claims against the Administrator or bringing the Administrator to liability for the actions of such User, the Administrator shall be entitled to immediately block the User’s actions without prior notice or without any consent from the User.

4.  PERSONAL DATA

4.1  All issues related to collection, use, processing, protection, recording, systematization, updating, changing, depersonalization, storage, transfer (including cross-border transfer) and termination of personal data of the User shall be governed by a separate Privacy Policy, which is published on the Site and Mobile Application.

5. ONLINE SERVICE ACCESS

5.1  Access to the Online Service shall be provided to the User exclusively for personal non-commercial use, which allows the Users to organize and plan transportation.

5.2  The Administrator shall provide the Uklon Partners with access to the Online Service “Uklon” (driver Mobile Application)_on a contractual basis for the purpose of processing and implementation of the Orders. In case of acceptance of the Order, the Uklon Partners shall provide the Services to the Users. The Administrator shall neither bear liability nor assume any obligations to the Users regarding the Services provided to the Users by the Uklon Partners, and shall not provide any warranties to the Users regarding the quality of such Services.

5.3  The Services shall be provided by the Uklon Partners on the basis of individual agreements between specific Users and Uklon Partners, to which the Administrator is not a party in any case.

5.4  The Administrator shall bear no liability for timing, content, relevance and quality of the Uklon Partners’ provision of information about the Services, availability of the Services at the moment, and the Administrator shall also bear no liability to the Users for possible negative consequences, damages caused to the User due to failure to provide or improper provision of the Services by the Uklon Partners.

5.5  In the event of ordering delivery services, the User shall undertake not to order delivery of items, transportation of which is prohibited by the applicable laws of the Republic of Azerbaijan. The User shall agree that in case of violation of this clause, it is responsible for all the possible risks and/or consequences that may arise in connection with the transportation of such items. At the same time, the Uklon Partners shall be entitled to refuse the User to provide the delivery service in case of detection of items, transportation of which is prohibited by the applicable laws of the Republic of Azerbaijan.

5.6  The Site, Mobile Application, Online Service shall not be intended for placement of confidential information, restricted information, third party information, for placement of which the relevant permissions or powers have not been granted by the Administrator.

5.7  The Administrator shall reserve the right to suspend access to the Online Service or part thereof at any time for any reason or in its absence without prior notification of the User.

6.  LIMITED ONLINE SERVICE ACCESS

6.1  When using access to the Online Service, the User may post information and objects of intellectual property rights, including, but not limited to: ratings, reviews, comments on the Online Service and/or Uklon Partners. In this case, when posting information and/or objects of intellectual property rights, the User shall warrant that it lawfully owns such information and/or objects of intellectual property rights or property rights to them, and/or has received all the necessary permits for posting such information and/or objects of intellectual property rights from third parties. In case of claims to the Administrator, the User shall settle such claims independently and at its own expense or compensate the Administrator damages incurred by the latter in connection with the illegal placement of information and/or intellectual property by the User on the Site and/or Mobile Application.

6.2  The Administrator shall reserve the right to refuse from posting, as well as at any time delete / block the information posted by the User, and/or objects of intellectual property rights at its discretion for any reason without notifying the User and without its consent.

6.3  The Administrator shall neither commit actions nor bear liability for authenticity of information, accuracy and legality of posting information and/or objects of intellectual property rights on the Site and Mobile Application. The Administrator shall not check the information and objects of intellectual property rights posted by the Users, and shall bear no liability for their authenticity and legality.

6.4  The Administrator shall undertake to notify the User of claims of third parties regarding the information and objects of intellectual property rights posted by the User. The User shall undertake to grant the Administrator the right to publish the information and/or objects of intellectual property rights posted by the User or delete them.

6.5  The User shall undertake not to use access to the Online Service in order to transmit, place or disseminate in any way information, the content of which is illegal, threatening, defamatory, offensive, infringes intellectual property rights, spreads hatred and/or discrimination against people on any grounds, contains insults and claims against other Users, the Administrator or any third parties, whose rights are established by the Constitution and laws of the Republic of Azerbaijan and other relevant regulations or in any other way violates the laws of the Republic of Azerbaijan. It shall also be forbidden to distribute any information of erotic, sexual and/or pornographic nature or any other information that may be restricted under the laws of the Republic of Azerbaijan on the Site and Mobile Application. If the Administrator incurs any damages related to the posting of illegal information by the User, the User shall reimburse losses to the Administrator in full.

6.6  Information and objects of intellectual property rights posted by the User shall not contain:

6.7  When using access to the Online Service, the Users may not store, place, transmit or otherwise disseminate any information and/or objects of intellectual property rights, if such actions may infringe the rights of third parties, including the rights to personal data protection.

6.8  In the event the Users discover information and/or objects of intellectual property rights, the use of which is restricted or the rights to which belong to third parties, the User shall contact the Administrator and report violations, indicating the URL of the information and/or objects of intellectual property rights, which, according to the User, infringe the rights of third parties, and report the nature of such infringement.

6.9  When using access to the Online Service, the Users shall not be allowed to commit any actions that violate or may result in violation of the applicable laws of the Republic of Azerbaijan or laws of other state, in which the User is located, as well as the relevant international law.

6.10 Any materials received by the User using access to the Online Service, the User shall use at its own risk. The user shall solely be liable for any damage or losses that may be caused to the computer and/or data as a result of downloading and using these materials.

7.  PAYMENT FOR SERVICES, PROMOTIONAL CODES

7.1 Payment for the Services of the Uklon Partners shall be made by the User in accordance with the tariffs placed in the Mobile Application and on Site. During periods of increased demand / supply for the Services (depending on road, weather conditions, time of day, etc.), a dynamic ratio may be applied, i.e. the User is offered the recommended cost of the Services. The dynamic factor is automatically calculated and edited in real time. The User shall be entitled to agree with the recommended cost by confirming the Order or refuse by reducing the recommended cost of the Services to the standard according to the tariffs. When changing the route or long waiting for a passenger, the cost of the Services shall be recalculated according to the tariffs. The User shall agree that in case of payment for the Services by bank card, the corresponding difference in cost will be deducted from its bank card.

7.2  The User shall pay for the Services directly to the Uklon Partner. Payment in cash shall be made by the User by transferring cash to the Uklon Partner who has provided the Service.

7.3  The User may pay for the Services of the Uklon Partner using bank card through the Mobile Application or on Site. In which case, the User shall automatically go to the site of the relevant payment scheme and enter its personal data and bank card data directly on the site of this payment scheme. The Administrator shall not store or transfer the data of the Users’ bank cards.

7.4  The Administrator shall provide informational assistance to ensure that payments using bank cards from the Users are accepted, and shall be solely liable for the correctness of determining the cost of the Services to be paid in favor of the Partner, and bringing this information to the Users. Acceptance and transfer of payments using bank cards shall be carried out by the relevant payment schemes, which are authorized to provide the relevant services.

7.5  Payment for the Services to the Uklon Partners may also be made by the User through the Mobile Application using Google Pay, Apple Pay, provided that the relevant mobile applications are downloaded to its mobile device.

7.6 Payment for the Services to the Uklon Partners may be made with the bonuses collected through purchases in Umico partner network and Umico app). Such bonuses shall be used as an equivalent of money at the exchange rate applicable in the Umico as of the date of payment to Uklon Partners.  

7.7  The User, in addition to paying for the Services to the Uklon Partners in case of payment by bank card or Google Pay, Apple Pay, shall have the possibility to leave tips to the Uklon Partners (funds in excess of the Service fee) upon completion of the Services if the User rates the Partner’s implementation of the Order between 4 and 5 stars.

7.8  The Administrator, during promotional activities and promotions aimed at increasing the interest of the Users in the Online Service and in order to attract the new Users, may provide the Users with promotional codes, which the Users have the possibility to use when making the Orders; to use the promotional code the User shall enter it in the Add promotional code field in the Mobile Application and/or on Site.

7.9  The User shall agree that promotional codes may not be copied, sold, transmitted or disclosed; promotional codes may be used only in accordance with certain conditions set for such promotional codes; promotional codes are not subject to exchange or return, in case of loss promotional codes are not restored; promotional codes may be invalidated or revoked by the Administrator subject to the conditions set for in relevant promotional rules; replacement of promotional codes with money or any other good is not allowed; only one promotional code may be used per trip.

8.  RIGHTS AND WARRANTIES OF ADMINISTRATOR

8.1 The Administrator shall warrant that the intellectual property rights to the Online Service, in particular, but not limited to: Online Service “Uklon”, Site, Mobile Application, any components thereof, including program code, other electronic data in the form of digits, letters, symbols, images and their combinations, design elements, text, graphics, illustrations, video information and other objects of intellectual property rights belong to the Administrator.

8.2  The Administrator shall grant the User a non-exclusive intellectual property right to use the Online Service (Technology Platform) and the intellectual property rights included therein, in particular to their reproduction, in whole or in part, on its own computer and/or mobile device, in one copy for each device, public performance and public display.

8.3  The conclusion hereof shall not infringe the intellectual property rights of any third party. In the event of any claims or lawsuits of third parties regarding the User’s use of access to the Online Service, the Administrator shall undertake to settle such claims or lawsuits independently and at its own expense.

9. LIMITED LIABILITY OF ADMINISTRATOR

9.1  The Administrator shall bear no liability for any damage to life and health, any direct and/or indirect damages, material and/or non-material damage, obligations or losses incurred as a result of use or non-use by the User of access to the Online Service, data placed on the Site and/or Mobile Application, due to the inability to access the Online Service or use such access; in connection with the non-provision or improper provision of the Services to the Users by the Uklon Partners; any actions or omissions of the Uklon Partners; the presence or absence of any powers, permits, licenses, approvals for the Uklon Partners, the presence or absence for such persons of special legal status, etc.; unauthorized dissemination, alteration or destruction of the Users’ information due to the use of access to the Online Service.

9.2  The Online Service, Site, Mobile Application shall be provided for use by the Users on the “as is” basis. The Administrator shall bear no liability to the User for ensuring that the Online Service, Site, Mobile Application meet the expectations of the User and/or access to the Online Service is provided uninterruptedly, reliably, without errors. The Administrator shall bear no liability for making changes, temporary or complete termination of the Online Service, Site, Mobile Application or any part thereof and/or access to the Online Service. The functioning of the Online Service and access to it may be disrupted by the force-majeure and other factors, the prevention or overcoming of which is beyond the Administrator.

9.3  The Administrator shall bear no liability for the efficiency and safety and security of information transmitted during payments using the User’s bank cards, including the actions of the bank and international payment schemes, or other participants in the technical process of settlements. All relations in terms of settlements using the bank cards shall be governed by the mandatory terms of the User’s International Payment Schemes and the User’s agreements with the bank that has issued the User’s bank card.

9.4  The Administrator shall always be ready to take into account the wishes and suggestions of any User of the Online Service, Site, Mobile Application regarding their operation.

10.  FINAL PROVISIONS

10.1  This Agreement shall be governed by and construed in accordance with the laws of the Republic of Azerbaijan. Issues not regulated herein shall be resolved in accordance with the applicable laws of the Republic of Azerbaijan.

10.2 All possible disputes arising or to arise from the relations regulated herein shall be settled in accordance with the procedure established by the applicable laws of the Republic of Azerbaijan, at the location of the Administrator. Throughout the text hereof, unless explicitly stated otherwise, the term “laws” shall mean the laws of the Republic of Azerbaijan.

10.3  Nothing herein shall be construed as establishing between the User and the Administrator an agency relationship, power of attorney, partnership relationship, joint venture relationship, employment relationship or any other relationship not expressly provided for herein.

10.4  If for any reason one or more of the provisions hereof are declared invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions hereof.

10.5  Omissions on the part of the Administrator in case of violation by any User hereof shall not deprive the Administrator of the right to take the relevant actions to protect its interests later, and shall not determine the waiver of the Administrator’s rights in case of further similar or alike violations.

10.6  This Agreement is made in the Azerbaijani language, but is provided for reading to the Users in Russian and English languages. In case of discrepancies between the terms and conditions hereof in Azerbaijani and its Russian and English translations, only the Azerbaijani version of the document published at: https://uklon.eu, shall prevail.

11. DETAILS:

LLC “UKLON AZERBAIJAN”,

AZ1010, Nasimi District, 153 Neftchilar Ave, Baku

TIN (VOEN) 1406338961

IBAN: AZ28AIIB400500E9447235089107

with Kapital Bank JSC Khatai branch

Bank TIN (VOEN) 9900003611

Tel. +994125265701

e-mail: az.uklon1@uklon.eu

Version effective date: April 10, 2023