1. GENERAL TERMS
This agreement is an open offer (offer) of the Limited Liability Company "CARDRIVE UA" (hereinafter referred to as the "Company"), addressed to an indefinite number of persons to conclude an agreement on the provision of information services (hereinafter referred to as the "Agreement") on the terms set forth below.
1.2 The service agreement concluded as a result of the acceptance of this offer is an accession agreement within the meaning of Articles 633, 634 of the Civil Code of Ukraine, which excludes the possibility for the User to propose its own terms of the Agreement.
1.3 Acceptance of this offer will be deemed to be the User's actions resulting in accessing the Company's Services, and the date/time of acceptance will be determined by the date/time of the User's registration in the electronic information system of the Web portal.
1.4 The Company reserves the right, without notice (notification) to Users, to unilaterally amend the terms of this Agreement and its appendices and/or withdraw the offer at any time at its own discretion. The new version of the Agreement and the appendix to the Agreement shall enter into legal force from the date of its publication on the website accessible to the public unless otherwise provided by the terms of the new version of the Agreement. The User is obliged to independently monitor the current version of the Agreement.
1.5 Continued use of the Services after any changes to the Agreement constitutes clear and sufficient confirmation of the User's consent to the new terms of the Agreement.
1.6 Terms used in the Agreement:
Company - a legal entity LLC "CARDRIVE UA", registered and operating in accordance with the legislation of Ukraine.
Web portal - the Company's proprietary single integrated electronic information complex, which is an object of copyright and includes objects of intellectual property that, in accordance with the legislation of Ukraine, may be protected independently or in conjunction with other objects: computer program (source code), databases, trademarks, graphic design and appearance (design) of the Web portal, the principle of operation of the Web portal (algorithm). The specified elements are interconnected and structured within the address of the web portal on the Internet - https://cardrive.com.ua. All intellectual property rights to the web portal as a whole and its individual elements belong to the Company.
Web portal https://cardrive.com.ua is intended for placing information of an indefinite number of Internet users, including advertising information about cars for the purpose of promoting them in the car market and selling them, the Web portal is also intended for searching and checking information about cars offered for sale and about the sellers of such cars by potential buyers. The purpose of the Web portal is to meet the needs of car sellers, buyers, and users in information about cars, to assist users in the process of searching, selecting, buying, and selling cars, and in the process of using them.
Company's Services - a set of actions of the Company to ensure the operation of the Web portal, unhindered access of Users to the information posted on the Web portal and the ability to use the Services, as well as to ensure Users the ability to work with the information database of the Web portal (placing Advertisements for the sale of cars, searching, selecting cars for purchase, familiarization with information about cars and sellers of cars, etc.).
User - a natural or legal person who has agreed to the terms of this Agreement and uses the Web portal and Services in the manner determined by the Agreement and its appendices. The concept of User includes the subcategory Dealer - a natural or legal person engaged in commercial activities in the purchase and sale of cars, who has agreed to the terms of this Agreement and uses the Web portal and Services in the manner determined by the Agreement and its appendices. The terms of use for the User and the Dealer are determined by the Company and may differ.
Advertisement - information about cars posted by the User on the Web portal in accordance with the terms of this Agreement.
Privacy Policy and Personal Data Protection - terms of the Company's work with confidential information and personal data of Users are set forth in the appendix to the Agreement, which is an integral part of it.
2. SUBJECT OF THE AGREEMENT
2.1 The subject of this Agreement is the Company's Services, as defined in clause 1.6 of the Agreement.
2.3 Use of the Services signifies full acceptance of the terms of this Agreement.
2.4 By agreeing to this Agreement and its terms, the User automatically agrees to the Privacy Policy and Personal Data Protection.
3. TERMS OF USE OF THE WEB PORTAL
3.1 To use the Web portal and receive the Services, the User must register on the Web portal. During registration, the User is required to provide accurate information about themselves by filling out the respective registration form on the Web portal.
3.2 Upon registration, a profile is created for the User. The profile is the property of the Company and is transferred to the User for an unlimited period of use. The profile cannot be transferred by the User or the Company to third parties.
3.3 By entering into this Agreement, the User acknowledges and agrees that the Company is not the organizer and/or initiator of agreements between Users. All legal transactions between Users regarding the purchase and sale of cars, other goods, works, services are concluded directly between them, and the Web portal is solely an informational platform.
4. RIGHTS AND OBLIGATIONS OF THE COMPANY
4.1 The Company reserves the right at its discretion to modify or delete any information published on the Web portal (including information posted by Users), including but not limited to, if the Company deems such information and/or materials unacceptable, unethical, and/or violating the terms of this Agreement and/or Ukrainian legislation, without explaining the reasons for its actions and without the necessity of prior notification to the User.
4.2 The Company reserves the right at its discretion and without the need to explain the reasons for its actions (including, but not limited to, if the individual has not provided the necessary documents/information for registering a personal profile and/or provided forged documents or documents/data that do not belong to them), to refuse such individual in registering a personal profile on the Web portal and/or suspend the registration of a personal profile on the Web portal until the necessary documents (information) requested by the Company are provided.
4.3 The Company reserves the right without prior notice to the User and without specifying the reasons for its actions to restrict, suspend, or terminate the User's access to the Web portal and/or terminate the provision of Services without providing any compensation to the User, including if the Company has reasons to believe that the User (intentionally or through negligence):
violates the terms of this Agreement and/or Ukrainian legislation;
engages in fraudulent or other illegal activities;
uses the Web portal dishonestly and/or contrary to the functional purpose of the Web portal;
causes harm to the Web portal and/or its operability;
causes harm to the business reputation of the Company;
upon receipt by the Company of justified complaints from other Users;
due to other reasons.
The above list of reasons is not exhaustive.
4.4 The Company has the right to place advertising and/or other information in any section of the Web portal without coordination with the User.
4.5 The Company has the right to send the User any information regarding the functioning of the Web portal, as well as advertising information (including according to the criterion of geolocation of the User), by sending push notifications and/or messages to the registered email address of the User and/or SMS messages to the registered mobile phone number of the User.
4.6 The Company reserves the right to request from the User documents, including, but not limited to, licenses for the provision of services/sale of goods, documents of registration of a sole proprietor, legal entity, identity document, copy of the vehicle registration certificate, and other documents confirming the legality of the sale of goods/provision of services and/or identifying the individual. Documents may be provided in scanned copies or presented during a video call. The procedure for providing documents is determined by the Company at its discretion.
4.7 The Company has the right to refuse to place the User's Announcements, information/advertising materials if they do not correspond to the topics of the selected sections, or violate this Agreement, or the User has not fulfilled the obligation specified in clause 3.7 of the Agreement, as well as to limit the number of Announcements from one User for the convenience of using the Web portal without explaining the reasons.
4.8 The Company has the right to make changes, edit the text of Announcements if the Company has reasons to believe that there is inaccurate and/or incorrect information. Such grounds may include: inconsistency of information specified in the State registers, databases of the Web portal. In this case, the User who posted the Announcement and considers that the information provided by them is accurate and correct, is obliged to provide confirming documents, including the vehicle registration certificate, in the manner determined. If such User confirms the accuracy and correctness of the information, the Announcements remain in the User's edition. Otherwise - in the Company's edition, in which case the User has the right to delete the Announcement and in case of payment for the respective Service - to return the paid amount.
4.9 The Company has the right to transfer rights and obligations under this Agreement to any third parties and/or at its discretion involve any third parties to provide the Services.
4.10 The Company also has other rights defined by the Agreement, its appendices, and the current legislation of Ukraine.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1 The User is obliged to comply with the terms of the Agreement.
5.2 The User is responsible for using the Web portal in any way not directly permitted by the provisions of the Agreement.
5.3 The User has no right to perform any actions with the Web portal that are not allowed by the Agreement, in particular, but not limited to, the User is prohibited from independently and/or with the involvement of third parties carrying out any unauthorized interference with the functionality, program code of the Web portal.
5.4 During the use of the Web portal, the User is not allowed to store, place, transmit, or distribute in any other way any Announcements, information, and/or objects of intellectual property rights if this may lead to the violation of the rights of third parties.
5.5 During the use of the Web portal, the User is prohibited from:
- violating any legislative acts, including, but not limited to, the laws of Ukraine, the rights of third parties, the terms of the Agreement.
- posting inaccurate, untrue, and other information that may deceive other Users, as well as offensive information;
- in the "Description" section of the Announcement form, indicating contact details, advertising information, offering services, vehicle registration numbers, VIN codes.
- posting and distributing spam, other mass electronic messages;
- collecting information about other Users;
- advertising any external website, program, product, or service, or job;
- posting images or texts of a pornographic nature, scenes of violence, information aimed at inciting interethnic, interracial, interreligious enmity and/or hatred, calls for the overthrow of state power, undermining the territorial integrity of the state.
5.6 The User guarantees that they have all the rights to the materials and/or information posted by them on the Web portal.
5.7 In case of any claims by third parties against the Company due to the User's violation of the rights and interests of third parties, all such claims will be settled by the User independently and at their own expense, and the damage caused by such violation will be reimbursed by the User to the Company and/or third parties in full.
5.8 The User has the right to notify the Company (by email to help@cardrive.com.ua or using the feedback form) in case of detecting violations of contractual relations for the provision of services/performance of work by other Users. At the same time, the User fully understands and agrees that the Company does not control the quality and timing of the provision of services/performance of work by the Contractor, as well as the financial obligations of Users for the provision of services/performance of work, therefore, Users assume full responsibility and all risks regarding the existing contractual relations for the provision of services/performance of work between them.
5.9 With any complaints and/or suggestions regarding the operation of the Web portal, as well as to resolve technical problems related to the use of the Services, the User may contact the Company Administration by sending a letter to the email address: help@cardrive.com.ua or using the feedback form.
5.10 Users of the Web portal, including unregistered ones, are prohibited from downloading, copying, on any media, the databases of the Web portal, copying and processing any personal data of Users, including parsing.
5.11 The User independently ensures the preservation of information about their passwords and other confidential information. The Company is not responsible for the consequences of the User's loss of their login and/or password and for the consequences of disclosing the login and/or password, other personal data to third parties for reasons beyond the Company's control. This provision applies both to the User voluntarily transmitting information about personal data to third parties and to the User's loss of confidential information about personal data without their consent.
5.12 User guarantees
The Company undertakes not to use confidential, including personal data of the User obtained during the registration of a profile on the Web portal, as well as during the use of the Services, for purposes not provided for by the Agreement, its appendices.
When processing confidential information, the Company is guided by the current legislation, the Agreement, the Privacy Policy and Personal Data Protection Policy.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Web portal is a single integrated electronic information complex that is the subject of copyright and includes objects of intellectual property, which according to Ukrainian legislation may be protected independently or in conjunction with other objects: computer program (source code), databases, trademarks, graphic design and appearance (design) of the Web portal, the principle of operation of the web portal (algorithm). The specified elements are interconnected and structured within the address of the web portal on the Internet - https://cardrive.com.ua. All intellectual property rights to the web portal as a whole and its individual elements belong to the Company.
6.2 The graphic design and appearance (design) of the Web portal are the result of creative artistic activity in the field of artistic design and are protected in accordance with the legislation of Ukraine.
6.3 All intellectual property rights to the Web portal and its components belong to the Company and are protected, in particular, but not exclusively, by the Civil Code of Ukraine, the Economic Code of Ukraine, the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the laws of Ukraine "On Copyright and Related Rights", "On Protection of Rights to Marks for Goods and Services", as well as other regulatory legal acts and relevant international treaties and conventions.
6.4 The User is prohibited from using the Web portal and/or its components in any way that violates the intellectual property rights of the Company or third parties.
6.5 Any use of objects of intellectual property rights posted on the Web portal (including elements of the visual design of the Web portal, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Company or other rightful owner is illegal and may be grounds for a lawsuit and prosecution of violators in accordance with the legislation of Ukraine.
6.6 It is strictly prohibited to create Internet services, sites, portals that will visually and functionally be identical to the Web portal and create (may create) an impression on Users that they are using the Company's Web portal. In case of creating a similar or identical Internet/Web portal and receiving commercial benefits from its use, all funds received as a result of such actions must be transferred to the Company's account.
6.7 The right to use the Web portal is limited to the User's right to use its properties within the functional purpose and does not provide the possibility of using the Web portal or its individual elements in any other way than provided by the Agreement.
7. LIMITATION OF COMPANY'S LIABILITY
7.1 The User understands and agrees that:
7.1.1 The Company is not the organizer and/or initiator of agreements between Users. All legal transactions are concluded directly between Users.
7.1.2 The Company is not a party to legal transactions between Users, and the Web portal is exclusively an informational platform. No provision of this Agreement can be interpreted as establishing joint activities, labor relations, or any other relations between the Company and Users not directly defined by the Agreement.
7.1.3 The Company does not participate in disputes (including legal) between Users of the Web portal.
7.2 The Company's services are provided "as is." The User understands and agrees that the non-compliance of the result of the Company's provision of services with the User's expectations does not indicate improper provision of such services by the Company.
7.3 The Company is not responsible for the performance of obligations between Users or between Users and third parties, therefore, the Company is not liable for any damages (losses) of any kind incurred by Users as a result of using or through the use of the Web portal.
7.4 The Company is not responsible for compliance with Ukrainian legislation and the expectations of the User regarding the actions of car sellers and buyers. The quality, safety, legality, and compliance of actions of car sellers and buyers are beyond the control of the Company.
7.5 All payments for purchased/sold cars are made between Users, without involving the Company, therefore, the fact that the User does not receive proper payment from the car buyer does not indicate improper provision of services by the Company.
7.6 The Company is not responsible for the materials, information, data posted by Users on the Web portal.
7.7 In case of claims between Users, they undertake to make such claims independently, without involving the Company, and also release the Company from all claims, obligations, compensations for damages, losses, expenses, etc., arising from such claims.
7.8 The User fully assumes all risks associated with the use of the Web portal. By using the Web portal, the User confirms his understanding that his counterparty may post untrue/inaccurate information on the Web portal and/or impersonate another person, so the User must be careful and act rationally when using the Web portal.
7.9 The Company is not responsible for unlawful actions of third parties, for any damages to the User's devices or software resulting from the use of the Web portal, for the inability to use the Web portal due to reasons beyond the Company's control, as well as due to the User's violation of the terms of the Agreement.
7.10 In case of any malfunctions, failures in the operation of the Web portal, the Company will take all possible measures for their prompt elimination. At the same time, the User agrees that the use of the Web portal may be limited due to accidental technical errors, due to force majeure circumstances, and/or for other reasons beyond the Company's control.
7.11 The Company does not guarantee the operation of the Web portal on specific devices (appliances). The User independently bears responsibility for purchasing and updating compatible hardware and devices necessary for proper receipt of the Company's services, as well as for the ability to use any updates of the Web portal.
7.12 The Company is not liable for any damages and/or lost profits of Users or third parties caused by the use or inability to use the Web portal and services.
7.13 The Company is not responsible for the actions of Users or third parties that violate the current legislation of Ukraine.
7.14 The Company is not responsible for the information and materials posted by Users on the Web portal.
7.15 The User is responsible for all actions taken on behalf of the User while using the Web portal.
7.16 The Company's inaction in case of the User's breach of the Agreement does not deprive the Company of the right to take appropriate measures to protect its interests in the future, and in any case does not indicate the Company's waiver of its rights in case of similar violations by the User in the future.
8. PAYMENT FOR COMPANY'S SERVICES BY USERS
8.1 Some of the Services are paid.
8.2 The User can access paid Services upon payment, according to the conditions described on the Web portal.
8.3 Dealers have the right to use the Services upon subscription and payment for 1 (one) month.
Other Users may pay for individual Services directly before using a specific Service.
8.4 To make a payment for a Service, the User needs to "click" on the "Pay" button on the respective page of the Web portal, after which the User is automatically redirected to the website of the payment system ("Fondy.ua"), where the User can make payment for using the Web portal. Payment is made in accordance with the rules of the "Fondy.ua" payment system.
8.5 Upon subscription for a monthly subscription, payment is automatically deducted from the User's specified card account on the first day of each month of using the Web portal under the conditions described on the Web portal, in the amount of payment for 1 (one) month of service use.
After successful deduction of funds from the User's card account, the monthly subscription continues for 1 (one) month. The respective month of service use is calculated from the moment of deduction of payment for such a month from the User's card account.
If the attempt to automatically deduct the next monthly payment was unsuccessful, until such payment is deducted, the User's profile is blocked from using the Services, and only sections such as "Executor Profile" with the ability to edit it and access to Web portal functions provided free of charge remain available.
8.6 Refund Rules
8.6.1 The payment deducted from the User's card account for the Services becomes the property of the Company and is not refunded to the User.
8.6.2 If the User does not use the Services under the terms of a monthly subscription during the paid period (regardless of the reasons for such non-use), the payment for the Services is not refunded to the User. In this case, the User retains access to Web portal functions provided free of charge.
9. OTHER PROVISIONS
9.1 All disputes and disagreements arising during the performance of the Agreement or in connection therewith shall be resolved through negotiations between the Company and the User. The User's claims are considered by the Company provided they are presented in writing and sent to the Company within 1 month from the date of occurrence of the grounds for filing the claim. In case of filing a claim after the specified deadline, the Company reserves the right to refuse to consider and satisfy such claim.
9.2 If it is impossible to reach an agreement through negotiations, the dispute shall be resolved in court in accordance with the current legislation of Ukraine.
9.3 Any communication between the Company and Users is carried out by email using the registered email addresses of the parties or through a feedback form. The registered email address of the Company is help@cardrive.com.ua.
9.4 If, due to certain reasons, any terms of the Agreement are deemed invalid, this does not affect the validity or applicability of the remaining terms of the Agreement.
9.5 This Agreement, its appendices, and the relationship between the Company and Users are governed by the legislation of Ukraine. Matters not regulated by the Agreement and/or its appendices are governed by the provisions of the current legislation of Ukraine.
This agreement is an open offer (offer) of the Limited Liability Company "CARDRIVE UA" (hereinafter referred to as the "Company"), addressed to an indefinite number of persons to conclude an agreement on the provision of information services (hereinafter referred to as the "Agreement") on the terms set forth below.
1.2 The service agreement concluded as a result of the acceptance of this offer is an accession agreement within the meaning of Articles 633, 634 of the Civil Code of Ukraine, which excludes the possibility for the User to propose its own terms of the Agreement.
1.3 Acceptance of this offer will be deemed to be the User's actions resulting in accessing the Company's Services, and the date/time of acceptance will be determined by the date/time of the User's registration in the electronic information system of the Web portal.
1.4 The Company reserves the right, without notice (notification) to Users, to unilaterally amend the terms of this Agreement and its appendices and/or withdraw the offer at any time at its own discretion. The new version of the Agreement and the appendix to the Agreement shall enter into legal force from the date of its publication on the website accessible to the public unless otherwise provided by the terms of the new version of the Agreement. The User is obliged to independently monitor the current version of the Agreement.
1.5 Continued use of the Services after any changes to the Agreement constitutes clear and sufficient confirmation of the User's consent to the new terms of the Agreement.
1.6 Terms used in the Agreement:
Company - a legal entity LLC "CARDRIVE UA", registered and operating in accordance with the legislation of Ukraine.
Web portal - the Company's proprietary single integrated electronic information complex, which is an object of copyright and includes objects of intellectual property that, in accordance with the legislation of Ukraine, may be protected independently or in conjunction with other objects: computer program (source code), databases, trademarks, graphic design and appearance (design) of the Web portal, the principle of operation of the Web portal (algorithm). The specified elements are interconnected and structured within the address of the web portal on the Internet - https://cardrive.com.ua. All intellectual property rights to the web portal as a whole and its individual elements belong to the Company.
Web portal https://cardrive.com.ua is intended for placing information of an indefinite number of Internet users, including advertising information about cars for the purpose of promoting them in the car market and selling them, the Web portal is also intended for searching and checking information about cars offered for sale and about the sellers of such cars by potential buyers. The purpose of the Web portal is to meet the needs of car sellers, buyers, and users in information about cars, to assist users in the process of searching, selecting, buying, and selling cars, and in the process of using them.
Company's Services - a set of actions of the Company to ensure the operation of the Web portal, unhindered access of Users to the information posted on the Web portal and the ability to use the Services, as well as to ensure Users the ability to work with the information database of the Web portal (placing Advertisements for the sale of cars, searching, selecting cars for purchase, familiarization with information about cars and sellers of cars, etc.).
User - a natural or legal person who has agreed to the terms of this Agreement and uses the Web portal and Services in the manner determined by the Agreement and its appendices. The concept of User includes the subcategory Dealer - a natural or legal person engaged in commercial activities in the purchase and sale of cars, who has agreed to the terms of this Agreement and uses the Web portal and Services in the manner determined by the Agreement and its appendices. The terms of use for the User and the Dealer are determined by the Company and may differ.
Advertisement - information about cars posted by the User on the Web portal in accordance with the terms of this Agreement.
Privacy Policy and Personal Data Protection - terms of the Company's work with confidential information and personal data of Users are set forth in the appendix to the Agreement, which is an integral part of it.
2. SUBJECT OF THE AGREEMENT
2.1 The subject of this Agreement is the Company's Services, as defined in clause 1.6 of the Agreement.
2.3 Use of the Services signifies full acceptance of the terms of this Agreement.
2.4 By agreeing to this Agreement and its terms, the User automatically agrees to the Privacy Policy and Personal Data Protection.
3. TERMS OF USE OF THE WEB PORTAL
3.1 To use the Web portal and receive the Services, the User must register on the Web portal. During registration, the User is required to provide accurate information about themselves by filling out the respective registration form on the Web portal.
3.2 Upon registration, a profile is created for the User. The profile is the property of the Company and is transferred to the User for an unlimited period of use. The profile cannot be transferred by the User or the Company to third parties.
3.3 By entering into this Agreement, the User acknowledges and agrees that the Company is not the organizer and/or initiator of agreements between Users. All legal transactions between Users regarding the purchase and sale of cars, other goods, works, services are concluded directly between them, and the Web portal is solely an informational platform.
4. RIGHTS AND OBLIGATIONS OF THE COMPANY
4.1 The Company reserves the right at its discretion to modify or delete any information published on the Web portal (including information posted by Users), including but not limited to, if the Company deems such information and/or materials unacceptable, unethical, and/or violating the terms of this Agreement and/or Ukrainian legislation, without explaining the reasons for its actions and without the necessity of prior notification to the User.
4.2 The Company reserves the right at its discretion and without the need to explain the reasons for its actions (including, but not limited to, if the individual has not provided the necessary documents/information for registering a personal profile and/or provided forged documents or documents/data that do not belong to them), to refuse such individual in registering a personal profile on the Web portal and/or suspend the registration of a personal profile on the Web portal until the necessary documents (information) requested by the Company are provided.
4.3 The Company reserves the right without prior notice to the User and without specifying the reasons for its actions to restrict, suspend, or terminate the User's access to the Web portal and/or terminate the provision of Services without providing any compensation to the User, including if the Company has reasons to believe that the User (intentionally or through negligence):
violates the terms of this Agreement and/or Ukrainian legislation;
engages in fraudulent or other illegal activities;
uses the Web portal dishonestly and/or contrary to the functional purpose of the Web portal;
causes harm to the Web portal and/or its operability;
causes harm to the business reputation of the Company;
upon receipt by the Company of justified complaints from other Users;
due to other reasons.
The above list of reasons is not exhaustive.
4.4 The Company has the right to place advertising and/or other information in any section of the Web portal without coordination with the User.
4.5 The Company has the right to send the User any information regarding the functioning of the Web portal, as well as advertising information (including according to the criterion of geolocation of the User), by sending push notifications and/or messages to the registered email address of the User and/or SMS messages to the registered mobile phone number of the User.
4.6 The Company reserves the right to request from the User documents, including, but not limited to, licenses for the provision of services/sale of goods, documents of registration of a sole proprietor, legal entity, identity document, copy of the vehicle registration certificate, and other documents confirming the legality of the sale of goods/provision of services and/or identifying the individual. Documents may be provided in scanned copies or presented during a video call. The procedure for providing documents is determined by the Company at its discretion.
4.7 The Company has the right to refuse to place the User's Announcements, information/advertising materials if they do not correspond to the topics of the selected sections, or violate this Agreement, or the User has not fulfilled the obligation specified in clause 3.7 of the Agreement, as well as to limit the number of Announcements from one User for the convenience of using the Web portal without explaining the reasons.
4.8 The Company has the right to make changes, edit the text of Announcements if the Company has reasons to believe that there is inaccurate and/or incorrect information. Such grounds may include: inconsistency of information specified in the State registers, databases of the Web portal. In this case, the User who posted the Announcement and considers that the information provided by them is accurate and correct, is obliged to provide confirming documents, including the vehicle registration certificate, in the manner determined. If such User confirms the accuracy and correctness of the information, the Announcements remain in the User's edition. Otherwise - in the Company's edition, in which case the User has the right to delete the Announcement and in case of payment for the respective Service - to return the paid amount.
4.9 The Company has the right to transfer rights and obligations under this Agreement to any third parties and/or at its discretion involve any third parties to provide the Services.
4.10 The Company also has other rights defined by the Agreement, its appendices, and the current legislation of Ukraine.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1 The User is obliged to comply with the terms of the Agreement.
5.2 The User is responsible for using the Web portal in any way not directly permitted by the provisions of the Agreement.
5.3 The User has no right to perform any actions with the Web portal that are not allowed by the Agreement, in particular, but not limited to, the User is prohibited from independently and/or with the involvement of third parties carrying out any unauthorized interference with the functionality, program code of the Web portal.
5.4 During the use of the Web portal, the User is not allowed to store, place, transmit, or distribute in any other way any Announcements, information, and/or objects of intellectual property rights if this may lead to the violation of the rights of third parties.
5.5 During the use of the Web portal, the User is prohibited from:
- violating any legislative acts, including, but not limited to, the laws of Ukraine, the rights of third parties, the terms of the Agreement.
- posting inaccurate, untrue, and other information that may deceive other Users, as well as offensive information;
- in the "Description" section of the Announcement form, indicating contact details, advertising information, offering services, vehicle registration numbers, VIN codes.
- posting and distributing spam, other mass electronic messages;
- collecting information about other Users;
- advertising any external website, program, product, or service, or job;
- posting images or texts of a pornographic nature, scenes of violence, information aimed at inciting interethnic, interracial, interreligious enmity and/or hatred, calls for the overthrow of state power, undermining the territorial integrity of the state.
5.6 The User guarantees that they have all the rights to the materials and/or information posted by them on the Web portal.
5.7 In case of any claims by third parties against the Company due to the User's violation of the rights and interests of third parties, all such claims will be settled by the User independently and at their own expense, and the damage caused by such violation will be reimbursed by the User to the Company and/or third parties in full.
5.8 The User has the right to notify the Company (by email to help@cardrive.com.ua or using the feedback form) in case of detecting violations of contractual relations for the provision of services/performance of work by other Users. At the same time, the User fully understands and agrees that the Company does not control the quality and timing of the provision of services/performance of work by the Contractor, as well as the financial obligations of Users for the provision of services/performance of work, therefore, Users assume full responsibility and all risks regarding the existing contractual relations for the provision of services/performance of work between them.
5.9 With any complaints and/or suggestions regarding the operation of the Web portal, as well as to resolve technical problems related to the use of the Services, the User may contact the Company Administration by sending a letter to the email address: help@cardrive.com.ua or using the feedback form.
5.10 Users of the Web portal, including unregistered ones, are prohibited from downloading, copying, on any media, the databases of the Web portal, copying and processing any personal data of Users, including parsing.
5.11 The User independently ensures the preservation of information about their passwords and other confidential information. The Company is not responsible for the consequences of the User's loss of their login and/or password and for the consequences of disclosing the login and/or password, other personal data to third parties for reasons beyond the Company's control. This provision applies both to the User voluntarily transmitting information about personal data to third parties and to the User's loss of confidential information about personal data without their consent.
5.12 User guarantees
The Company undertakes not to use confidential, including personal data of the User obtained during the registration of a profile on the Web portal, as well as during the use of the Services, for purposes not provided for by the Agreement, its appendices.
When processing confidential information, the Company is guided by the current legislation, the Agreement, the Privacy Policy and Personal Data Protection Policy.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Web portal is a single integrated electronic information complex that is the subject of copyright and includes objects of intellectual property, which according to Ukrainian legislation may be protected independently or in conjunction with other objects: computer program (source code), databases, trademarks, graphic design and appearance (design) of the Web portal, the principle of operation of the web portal (algorithm). The specified elements are interconnected and structured within the address of the web portal on the Internet - https://cardrive.com.ua. All intellectual property rights to the web portal as a whole and its individual elements belong to the Company.
6.2 The graphic design and appearance (design) of the Web portal are the result of creative artistic activity in the field of artistic design and are protected in accordance with the legislation of Ukraine.
6.3 All intellectual property rights to the Web portal and its components belong to the Company and are protected, in particular, but not exclusively, by the Civil Code of Ukraine, the Economic Code of Ukraine, the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the laws of Ukraine "On Copyright and Related Rights", "On Protection of Rights to Marks for Goods and Services", as well as other regulatory legal acts and relevant international treaties and conventions.
6.4 The User is prohibited from using the Web portal and/or its components in any way that violates the intellectual property rights of the Company or third parties.
6.5 Any use of objects of intellectual property rights posted on the Web portal (including elements of the visual design of the Web portal, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Company or other rightful owner is illegal and may be grounds for a lawsuit and prosecution of violators in accordance with the legislation of Ukraine.
6.6 It is strictly prohibited to create Internet services, sites, portals that will visually and functionally be identical to the Web portal and create (may create) an impression on Users that they are using the Company's Web portal. In case of creating a similar or identical Internet/Web portal and receiving commercial benefits from its use, all funds received as a result of such actions must be transferred to the Company's account.
6.7 The right to use the Web portal is limited to the User's right to use its properties within the functional purpose and does not provide the possibility of using the Web portal or its individual elements in any other way than provided by the Agreement.
7. LIMITATION OF COMPANY'S LIABILITY
7.1 The User understands and agrees that:
7.1.1 The Company is not the organizer and/or initiator of agreements between Users. All legal transactions are concluded directly between Users.
7.1.2 The Company is not a party to legal transactions between Users, and the Web portal is exclusively an informational platform. No provision of this Agreement can be interpreted as establishing joint activities, labor relations, or any other relations between the Company and Users not directly defined by the Agreement.
7.1.3 The Company does not participate in disputes (including legal) between Users of the Web portal.
7.2 The Company's services are provided "as is." The User understands and agrees that the non-compliance of the result of the Company's provision of services with the User's expectations does not indicate improper provision of such services by the Company.
7.3 The Company is not responsible for the performance of obligations between Users or between Users and third parties, therefore, the Company is not liable for any damages (losses) of any kind incurred by Users as a result of using or through the use of the Web portal.
7.4 The Company is not responsible for compliance with Ukrainian legislation and the expectations of the User regarding the actions of car sellers and buyers. The quality, safety, legality, and compliance of actions of car sellers and buyers are beyond the control of the Company.
7.5 All payments for purchased/sold cars are made between Users, without involving the Company, therefore, the fact that the User does not receive proper payment from the car buyer does not indicate improper provision of services by the Company.
7.6 The Company is not responsible for the materials, information, data posted by Users on the Web portal.
7.7 In case of claims between Users, they undertake to make such claims independently, without involving the Company, and also release the Company from all claims, obligations, compensations for damages, losses, expenses, etc., arising from such claims.
7.8 The User fully assumes all risks associated with the use of the Web portal. By using the Web portal, the User confirms his understanding that his counterparty may post untrue/inaccurate information on the Web portal and/or impersonate another person, so the User must be careful and act rationally when using the Web portal.
7.9 The Company is not responsible for unlawful actions of third parties, for any damages to the User's devices or software resulting from the use of the Web portal, for the inability to use the Web portal due to reasons beyond the Company's control, as well as due to the User's violation of the terms of the Agreement.
7.10 In case of any malfunctions, failures in the operation of the Web portal, the Company will take all possible measures for their prompt elimination. At the same time, the User agrees that the use of the Web portal may be limited due to accidental technical errors, due to force majeure circumstances, and/or for other reasons beyond the Company's control.
7.11 The Company does not guarantee the operation of the Web portal on specific devices (appliances). The User independently bears responsibility for purchasing and updating compatible hardware and devices necessary for proper receipt of the Company's services, as well as for the ability to use any updates of the Web portal.
7.12 The Company is not liable for any damages and/or lost profits of Users or third parties caused by the use or inability to use the Web portal and services.
7.13 The Company is not responsible for the actions of Users or third parties that violate the current legislation of Ukraine.
7.14 The Company is not responsible for the information and materials posted by Users on the Web portal.
7.15 The User is responsible for all actions taken on behalf of the User while using the Web portal.
7.16 The Company's inaction in case of the User's breach of the Agreement does not deprive the Company of the right to take appropriate measures to protect its interests in the future, and in any case does not indicate the Company's waiver of its rights in case of similar violations by the User in the future.
8. PAYMENT FOR COMPANY'S SERVICES BY USERS
8.1 Some of the Services are paid.
8.2 The User can access paid Services upon payment, according to the conditions described on the Web portal.
8.3 Dealers have the right to use the Services upon subscription and payment for 1 (one) month.
Other Users may pay for individual Services directly before using a specific Service.
8.4 To make a payment for a Service, the User needs to "click" on the "Pay" button on the respective page of the Web portal, after which the User is automatically redirected to the website of the payment system ("Fondy.ua"), where the User can make payment for using the Web portal. Payment is made in accordance with the rules of the "Fondy.ua" payment system.
8.5 Upon subscription for a monthly subscription, payment is automatically deducted from the User's specified card account on the first day of each month of using the Web portal under the conditions described on the Web portal, in the amount of payment for 1 (one) month of service use.
After successful deduction of funds from the User's card account, the monthly subscription continues for 1 (one) month. The respective month of service use is calculated from the moment of deduction of payment for such a month from the User's card account.
If the attempt to automatically deduct the next monthly payment was unsuccessful, until such payment is deducted, the User's profile is blocked from using the Services, and only sections such as "Executor Profile" with the ability to edit it and access to Web portal functions provided free of charge remain available.
8.6 Refund Rules
8.6.1 The payment deducted from the User's card account for the Services becomes the property of the Company and is not refunded to the User.
8.6.2 If the User does not use the Services under the terms of a monthly subscription during the paid period (regardless of the reasons for such non-use), the payment for the Services is not refunded to the User. In this case, the User retains access to Web portal functions provided free of charge.
9. OTHER PROVISIONS
9.1 All disputes and disagreements arising during the performance of the Agreement or in connection therewith shall be resolved through negotiations between the Company and the User. The User's claims are considered by the Company provided they are presented in writing and sent to the Company within 1 month from the date of occurrence of the grounds for filing the claim. In case of filing a claim after the specified deadline, the Company reserves the right to refuse to consider and satisfy such claim.
9.2 If it is impossible to reach an agreement through negotiations, the dispute shall be resolved in court in accordance with the current legislation of Ukraine.
9.3 Any communication between the Company and Users is carried out by email using the registered email addresses of the parties or through a feedback form. The registered email address of the Company is help@cardrive.com.ua.
9.4 If, due to certain reasons, any terms of the Agreement are deemed invalid, this does not affect the validity or applicability of the remaining terms of the Agreement.
9.5 This Agreement, its appendices, and the relationship between the Company and Users are governed by the legislation of Ukraine. Matters not regulated by the Agreement and/or its appendices are governed by the provisions of the current legislation of Ukraine.