Last Updated: 16th April 2018
The Mobile application or Shark Taxi – the Mobile application «Shark Taxi - taxi order» and «Shark Taxi - Driver», which give Users an opportunity to exchange actual information on offering Users’ services within an information system of the Mobile application Shark Taxi. Shark Taxi does not participate in transactions but only provides a tool for its conducting and provides information services within the Mobile application.
The Administration of Shark Taxi (the Administration) – persons authorised by Owner of Shark Taxi to implement management of Shark Taxi and other actions related to its usage.
The Moderator of system (the Moderator) – the User of Shark Taxi authorised by the Administration of Shark Taxi to edit the information in Shark Taxi in order to control Users compliance with Shark Taxi rules and policies.
The Website shark-taxi.com visitor (The Visitor) – any natural or legal person who visited, took a look at least at one page of the Website shark-taxi.com (shark-taxi.ua and or shark-taxi.ru). The Visitor can browse information on the Website which is intended for acquaintance with Shark Taxi in order to preview.
The User of Shark Taxi (Driver or the Client) – the Visitor, who installed the Mobile application Shark Taxi for Android or IOS on the mobile phone, who properly registered and authorized using unique personal data, who has an access to the advanced features provided within the Mobile application Shark Taxi.
Information inquiry – indication of means, location and point of destination, published in Shark Taxi.
Informational offer – is an answer to information inquiry. It contains the terms, the recommended route, the recommended cost of the drive, the class of the vehicle, Driver’s name and surname, telephone number, car number and other data.
Customer (the Client) – person, who installed the Mobile application Shark Taxi (Shark Taxi – taxi order) and properly registered, who published information inquiry to Shark Taxi.
Provider (Driver) – person, who installed the Mobile application Shark Taxi (Shark Taxi Driver) and properly registered, responds to the Client’s information inquiry through the sending him an informational offer.
Product – service or the right, which is requested by the Client and offered by Driver, which implementation is not prohibited and not restricted in accordance with the legislation of Ukraine and also is not contrary to this Agreement. Mainly in Shark Taxi service the products are services related to provision of information support for calling a taxi car accordingly registered as Users in Shark Taxi.
Account – record which contains data that User reports about himself when registering in the Mobile application Shark Taxi. It contains data needed for the User authorisation when connecting to the system and also data about events and activities in the User's personal account.
Registration – the procedure of creating an account.
Personal Profile – protected department of the Mobile application Shark Taxi, in which the User (Driver) may receive various system data, background information, manage services, etc.
2. SUBJECT OF AGREEMENT
2.1. This Agreement is concluded between Shark Taxi LLC (hereinafter the Administration) – company, which provided access to the Mobile application Shark Taxi and a natural or legal person who installed and properly registered in the Mobile application Shark Taxi.
2.2. According to this Agreement the Administration of Shark Taxi provides to Users the right to use Shark Taxi and built-in information platform to place information on needs for services of certain Users (Clients) with the purpose to subsequent purchase from other Users (Drivers) in the Mobile application. The term «information platform» is used in this Agreement solely for the convenience of word usage and in no case can be understood as the term «service provision» in accordance with the current legislation of Ukraine.
3.2. The Visitor has no right to use Shark Taxi and can not accept the terms of the Agreement if he is not under established legislation age for concluding such agreements; or did not comply with other conditions for concluding such agreements provided for by law.
3.3. Customers (the Client category of Users of the mobile application Shark Taxi) when registering are required to enter username, mobile phone number, password and confirm these data.
3.4. The User has to fill all the data specified in paragraph 3.3.
3.5. The User is obliged to make changes at every amendment of registered data.
3.6. The lack of data as listed in paragraph 3.3 leads to impossibility of Shark Taxi using. Access to the services of the Mobile application Shark Taxi for Users which registered with incomplete or false personal data as listed in paragraph 3.3 is suspended after data verification.
3.7. The User at the time of registration expresses its consent:
3.8. The Administration of Shark Taxi has the right to suspend User's access to account and services of the Mobile application Shark Taxi in case of violation of this Agreement or removal/changing of one or several paragraphs of registation data as described in paragraphs 3.2-3.3 and request the missing data and documents from the User.
3.9. Data entered by Users during registration is used for contact between the participants of the mobile application Shark Taxi.
3.10. Data, specified by Users for obtaining service in Shark Taxi, including the mobile phone number, are reported by system to only those Providers who agree to provide required service.
3.11. Removal of an account is conducted in the following order:
3.11.1. Users remove their accounts by themselves.
3.11.2. Providers' accounts are removed by the Administration of Shark Taxi based on a letter, sended to the e-mail of the Administration of Shark Taxi.
3.12. One User can own just one account. The User identification is carried out on registration data in the Mobile application Shark Taxi and the mobile phone number.
3.13. The User can send a request to remove his personal data from data base of Users of the Mobile application. Removal of the personal data from the data base is based on a letter sended to the e-mail of the Administration of Shark Taxi. The Administration can reject to remove the personal data according to this Agreement.
4. THE USE OF MATERIALS (THE RIGHT OF USE OF CONTENT)
4.1. To use interactive resources of Shark Taxi, give a review, comment and assess services quality, publish own materials and communicate online can only registered Users of the Mobile application Shark Taxi.
4.2. The User has the right to use resources of Shark Taxi in such ways which are not contradicting the basis of its activities.
4.3. Copyrights for materials of Shark Taxi, resources, services, unless otherwise specified, are belonged to the Administration of Shark Taxi.
4.4. Copying of materials of Shark Taxi without written consent of the Administration is forbidden.
4.5. Partly quoting of materials of Shark Taxi is permitted on an irregular basis with obligatory reference to the source of quotation (no more than 5% from the overall amount of materials).
4.6. All the names, titles, trademarks, symbols and slogans registered in accordance with established procedure are the property of their legitimate owners. In materials of Shark Taxi are not used symbols ® and\or ™ to designate it.
5. THE RULES FOR COMMENTING AND WRITING REVIEWS
5.1. Users have an option to «leave the review». Due to this option the Client has an opportunity to express his own opinion on the conducted transaction with Driver, which will be recorded on the Driver’s page, who was left a review. The Client should adhere to the established rules and restrictions when writing reviews and comments.
5.2. Ignorence of rules, including restrictions on pulication of information and usage of resources of Shark Taxi does not exempt from the observance, and in case of its violation of the responsibility in accordance with this Agreement and the legislation of Ukraine.
5.3. In the Mobile application Shark Taxi is forbidden:
5.3.1. Usage of the review form is not for the intended purpose (for example, personal data of counterparties, in particular: name, residence, the mobile phone number or e-mail, publication of web-locations).
5.3.2. Abusive behaviour in relation to other Visitors, representatives of the Administration of Shark Taxi.
5.3.3. Publication of obscene utterance.
5.3.4. Publication of messages in order to provoke a sharp reaction of other Users of the resource.
5.3.5. Publication of unauthorised advertising, commercial messages or announcements.
5.3.6. Publication of materials which contain grounds of discrimination the national, ethnic, racial or religious affiliation, and also the text which is vulgar, obscene, pornographic or inciting to racism, xenophobia and also inciting to conflicts between peoples.
5.3.7. Unauthorised User's publication of materials which copyrights are owned by third parties.
5.3.8. Promotion of computer and audio-video piracy in any ways, publication of links to files and or the websites directly violating or facilitating the copyright violation of the third parties (torrent-trackers, file-sharing services, websites with unauthorised files).
5.3.9. Creating accounts, which usernames imitate duty names (the Administrator, the Moderator, etc.), or any similar name of already registered User.
5.3.10. Usage of a capital letter in text messages, punctuation marks and special symbols, except in cases regulated by the rules of the language usage.
5.3.11. Publication of calls for forcible change or overthrow of the constitutional order, for seizure of State power; for shifting State borders of Ukraine; for destruction of property, seizure buildings and constructions; for aggression or unleashing a military conflict; other actions and publications of any messages forbidden by legislation of Ukraine.
5.4. In Shark Taxi it is discouraged to publish messages, which have no informational assignment and not relevant to resource subject.
5.5. Leaving a review and or comment to it, the User is responsible for its content. The review should be detailed and truthful. Shark Taxi does not interfere with the text of the reviews. Only in exceptional cases Shark Taxi can remove or modify the review if:
5.5.1. The review or comment breaks the rules listed in paragraph 5.3.
5.5.2. The review was erroneous or was left in retaliation, as indicated by the content of the review, the time of publication or other evidence (at the discretion of the Administration).
5.5.3. Text of the review does not match the review type (positive, neutral, negative).
5.5.4. The review was left by the User who intentielly means to hurt counterparty.
5.5.5. The text of the review contains symbols that make the review unreadable.
The decision to intervene to the reviews of Shark Taxi counterparties takes in each case separately, the time for resolving such situations is 5-7 working days.
5.6. It is unacceptable to put fictitious reviews for «cheating» the rating by creating additional accounts with the purpose of the self-promotion to attract Clients. This violation can lead to the blocking of the account of the User (Driver).
6.1. Shark Taxi gives to Users an opportunity to make transactions with the information platform of Shark Taxi, under the conditions described in this Agreement. Shark Taxi is not a participant of transactions between Users and gives no guarantee that Providers (Driver) and Customer (the Client) can conclude and execute a contract for the provision of services.
7. ROLE OF SHARK TAXI
7.1. The Administration of Shark Taxi is not responsible for actions of Providers (Drivers), not for suggested services within providing drive (transfer) of a passenger, in particular for quality, appropriateness of a vehicle, and also truthfulness and accuracy of the description of the vehicle, the behavior of the Driver, his condition, and also for the actions of the Customer (Client, passenger), his behavior, payment, condition, truthfulness of the request.
7.2. Shark Taxi reserved the right to remove information which has the negative impact on the image of the Mobile application service.
7.3. Shark Taxi can block accounts of Users in the following cases:
7.3.1. Systematic violation of the rules of this Agreement.
7.3.2. Actions considered by the Administration as a deception, fraud and misrepresentation of Users and the Administration.
7.3.3. Sharing of a spam and other unwanted messages to Users of Shark Taxi.
7.3.4. Multiple attempts to distort the rating indicators in the rating system.
7.4. Account restoration only possible in case of notification the Administration and acception appropriate decision by the Admnistration.
7.5. The Administration reserved the right to block account of the User which actions insult the members of the Administration and also can harm or tarnished the good name of Shark Taxi or because of other reasons which are made harm to Shark Taxi according to the Administration.
8. PAYMENT OF REMUNERATION FOR THE RIGHT OF USE SHARK TAXI
8.1. The right of use the Mobile application «Shark Taxi - taxi order» (in the amount determined by this Agreement) is free for Customers of the Client category. The Administration has the right to impose a fee for the right of use Shark Taxi and change it in any time.
9. CONFIDENTIALITY OF INFORMATION
10. LIABILITY OF THE PARTIES AND ITS LIMITATION
10.1. For non-performance or improper performance of their obligations under this Agreement the Parties are held liable in accordance with the legislation of Ukraine.
10.2. The User helds liable for validity and compliance according to the existing legislation of Ukraine of provided during registration data to the Administration of Shark Taxi.
10.3. The Administration of Shark Taxi are not held liable for consumer properties, quality of services provided via the Mobile application Shark Taxi, and also for the validity of offers on sale of services to Customers (Clients).
10.4. The Administration of Shark Taxi does not participate in legal relations between Users about transactions, does not held liable for Users' actions.
10.5. The Administration of Shark Taxi are not held liable for the validity of information published by Users in the Mobile application Shark Taxi, and also for legality of its publication.
10.6. The Administration of Shark Taxi are not held liable for breaks in the provision of services, caused by technical disruptions in work of equipment and software. However, the Administration of Shark Taxi undertakes to take all reasonable measures to prevent such disruptions.
10.7. The Administration of Shark Taxi are not held liable for any direct or indirect damages incurred by Users (Driver, the Client) or by the third parties and also for loss of profit as a result of Shark Taxi work.
10.8. The User agrees that he is solely responsible (and that the Administration of Shark Taxi is not held liable to the User or any third parties) for any violation by the User (Driver, the Client) of its obligations under this Agreement and for all the consequences of such violations including any loss or damage that the Administration may incur).
11. THE DATE OF ENTRY INTO FORCE AGREEMENT AND AMENDMENTS
11.1. The moment of entering into this Agreement is the moment when the User presses the Register button («Enter» or another button with the appropriate assignment) located in the Mobile application Shark Taxi. Hereby, Users confirm their agreement with all the terms of this Agreement.
11.1.1. In any case, by filling out the registration form in the Mobile Application, the User (Driver, the Client) automatically accepts the terms of this Agreement.
11.2. The Administration has the right to unilaterally and at any time amend this Agreement by placing its new version on the Shark Taxi Website and or in the Mobile application.
11.3. The User in turn undertakes to read at least once a week the current version of this Agreement posted on the Shark Taxi Website and or in the Mobile application, including information on making changes to this Agreement. Unless otherwise explicitly stated by the Administration, the new version of the Agreement and its Annexes shall come into effect at the time of posting it on the Shark Taxi Website and or in the Mobile application.
11.4. In case of disagreement with the new version of the Agreement, the User must immediately stop using the Shark Taxi Website and the Mobile application of Shark Taxi.
12. TERMINATION OF AGREEMENT
12.1. At any time the User can terminate the Agreement with the Administration of Shark Taxi using the appropriate data removal procedure and stop using the Shark Taxi Website and the Mobile application Shark Taxi.
12.2. The termination of the Agreement on the part of the Administration of Shark Taxi may occur in the following cases:
12.2.1. Violations of the provisions of this Agreement, harming Shark Taxi or its Users.
12.2.1. Comission of acts that contradict the policy of Shark Taxi.
12.2.1. Blocking of the User's account for reasons specified in paragraph 7.3 of this Agreement.
12.3. The resumption of relations may occur upon the decision of the Administration, provided that conditions described in paragraphs 3.3-3.5 of this Agreement are fulfilled after elimination of the causes for termination of the Agreement.
13. LEGISLATION AND PROCEDURE FOR RESOLUTION OF DISPUTES
13.1. The activity of the Administration of Shark Taxi is conducted in accordance with the legislation of Ukraine. All of the disputes related to this Agreement are resolved through negotiations if the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Ukraine.
13.2. Judicially recognition of the invalidity of certain provisions of this Agreement does not entail invalidity of the Agreement as a whole.
14.1. This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):
15.1. If You have any questions regarding this Agreement, please contact us by e-mail – email@example.com.