The text of this user agreement (hereinafter referred to as the "Agreement") for Letundra mobile application (hereinafter referred to as the "Application"), permanently posted on the Internet at ______________________________ and at all times available to all Users which have used the Application for the first time, contains all the essential terms of the user agreement for Application and constitutes an offer of Dvadtsat Chetvyortoe Oktyabrya Limited Liability Company to enter into an agreement with a third party using the web version of the Application on the Internet ______________________________, as well as the mobile or any other version of the Application on the terms and conditions specified in the text of the Agreement. Therefore, subject to the provisions of article 437, clause 2 of the Civil Code of the Russian Federation, the text of this User Agreement for Application shall be a public offer.
Subject to article 438, clause 3 of the Civil Code of the Russian Federation, the proper acceptance of this offer shall be deemed to be a sequential implementation by a third party of all or any applicable actions from those listed below:
After confirmation of e-mail address by clicking a link directed to the address specified during the registration or after confirmation of the registration in any other proposed manner, and in the event of sequential implementation of all or any available actions from those listed above, the User Agreement for Application between Dvadtsat Chetvyortoe Oktyabrya Limited Liability Company and a third party which carried out these actions shall be deemed executed on the following terms:
Russian Federation, Moscow
Dvadtsat Chetvyortoe Oktyabrya Limited Liability Company, represented by its Director General, acting by virtue of the Articles of Association, and a third party, accepting the offer posted on the Internet at ______________________________, have entered into this User Agreement for Application as follows:
1.1. In this User Agreement for Application, unless the context otherwise requires, the following terms shall have the following meanings:
"Owner" - means Dvadtsat Chetvyortoe Oktyabrya Limited Liability Company, a legal entity registered in accordance with the law of the Russian Federation, Primary State Registration Number (OGRN) 1157746485522, located at: 115088, Moscow, Novoostapovskaya, d. 5, str. 3.
"User" - means a user of the Application which entered into the Agreement with the Owner by accepting the offer posted on the Internet at: ______________________________.
"Other User" - means any other User which entered into the Agreement with the Owner by accepting the offer posted on the Internet at: ______________________________.
"Personal Account" - means a set of protected pages of the Application created as a result of registration by the User, using which the User may, in particular, alter information about itself, change privacy settings, manage its subscription for Application messages, view its private messages, chat and perform any other actions available within the functions of the Application. Access to the Personal Account shall be gained by entering the Login Credentials to the fields provided for in the Application.
"Visitor" - means any person using the Application by any means, including visiting the web page where the web version of the Application is posted.
"Chart Rules" - mean the rules binding on all Users and Visitors.
"Profile" - means the User image in the Application available to the Owner or, if applicable, to the Other Users, which is created as a result of registration of the User and contains information about the User.
"Application" - means software application called "Letundra" and other information contained in the information system accessible via the Internet, a web version of which is located at the network address ______________________________ or via a smartphone application intended to facilitate the Users in their travel through effective planning of schedule and timing of the users in the airports.
"Agreement" - means this User Agreement for Application, and any appendices hereto.
"Parties" - mean the Owner and the User.
"Login Credentials" - mean login and password specified by the User during the registration in the Application, which are required and sufficient for the User to access the Personal Account.
"Third Party Data" - means any data necessary for the operation of the Application used by the Owner on the basis of the third party agreements, in particular Google Maps API, which constitute a set of services and tools permitting to incorporate maps, geocodes, locations and other Google data in the interface of the web pages or applications.
1.2. All other terms and definitions used herein shall be construed by the Parties in accordance with the applicable law of the Russian Federation.
1.3. Headings (of the articles) of this Agreement are used for convenience only and have no literal legal meaning.
2.1. In the manner and on the terms set forth herein, the Owner provides the User an opportunity to use the Application, and the User shall use the Application pursuant to the terms and conditions of this Agreement, and provisions of the applicable law of the Russian Federation.
2.2. Pursuant to this Agreement the User is able to use the Application in accordance with the existing features, in particular, to use the Application for travel arrangements by effective planning of schedules and timing of the User in the airports, edit the Profile in the Personal Account, use the Chat function and other Application functions, if any.
2.3. For the operation of the Application, the Owner shall, under the terms and conditions of third party agreements and without any restrictions from the User, use the Third Party Data, in particular, Google Maps API.
3.1. The Owner offers the User an opportunity to add the User data to the Application database, use the chat room (if this function is available) and other Application functions by any other available means provided that the User complies with the terms and conditions hereof.
3.2. The Owner is not able to monitor the accuracy of the information provided by the User or Other Users upon registration and during utilisation of the Application, and compliance thereof with the laws of the Russian Federation.
3.3. The Owner may, at its own discretion, delete any information entered or posted by the User upon registration in the Application, if such information is inconsistent with the applicable law of the Russian Federation, this Agreement or the reasonable requirements of the Owner.
3.4. The Owner is entitled to send the User any information messages and advertisements to the e-mail address specified by the User upon registration in the Application, and to the mobile number, if specified upon registration. Herewith the User gives its consent to receive such messages.
3.5. The Owner is entitled to run advertisements in the Application. In this event, the Owner shall not be liable for the advertising credibility and quality of the advertised goods and/or services, but shall use great care and caution in selection of the advertised goods and/or services of third parties, in order to minimise the probability of adverse consequences of such advertisements to the Users.
3.6. Where applicable, the Owner may amend the terms and conditions of this Agreement. In the event of any such amendments, the User is requested to accept the terms and conditions of this Agreement as amended.
3.7. The Owner may perform routine maintenance of the Application with temporary stoppage of the Application operation preferably at night and minimising non-operation time of the Application.
3.8. The Owner is entitled to transfer all or any part of its powers and rights to monitor the compliance with the Agreement to any other persons (Other Users) based on the decisions taken by the Owner.
4.1. The User shall accept the current version of the Agreement each time the User visits the Application before using it in case of any amendments to the Agreement made by the Owner.
4.2. The User agrees to abide by the terms and conditions of the Agreement in effect at the time of use of the Application by the User.
4.3. The User shall use the Application in accordance with the laws of the Russian Federation. In particular, the User shall not:
4.4. The User shall keep confidential the Login Credentials, as well as login and password to the e-mail address specified by the User during the registration in the Application, defining the mode of storage at its own discretion, and may not transfer to any third parties the Login Credentials, as well as login and password to the e-mail address specified by the User during the registration in the Application.
4.5. The User shall use any personal data posted in the Application in accordance with the requirements of Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data", as amended on the date of processing or other use of the personal data by the User, in particular:
4.6. The User shall abide by the Chat Rules. In case of any inconsistency between the Agreement and the Chat Rules, the provisions of the Agreement shall prevail.
4.7. The User may delete any information posted by the User in the Application only with consent of the Owner. In case of failure to obtain the consent, the User shall not be entitled to file any claims to the Owner.
4.9. The User hereby agrees to comply with the Owner's confidentiality policy, including Google confidentiality policy (available at: http://www.google.com/policies/privacy) in relation to the use within a framework of the Application of Google Maps API service.
5.1. The Owner shall not be liable for (non)achievement by the User of any results that the User expected to achieve using the Application.
5.2. The Owner shall not be liable for any malfunctions, errors or failures of software and/or hardware ensuring operation of the Application, which are caused by any reasons beyond the Owner's control, as well as for any related damages of the User.
5.3. The Owner shall not be liable for temporary lack of access to the Application and/or any part thereof by the User, as well as for related damages of the User and/or a third party.
5.4. The Owner shall not be liable for consequential/indirect damages and/or loss of profit of the User and/or any third parties, loss of information resulting from the use or inability to use the Application, including in connection with the inaccuracy of the information provided by the third parties to the Owner and posted in the Application.
5.5. The Owner shall not be liable for any damages of the User caused by wrongful acts of the third parties, including those related to the unauthorised access to the User's Personal Account. The Owner shall not be liable for any damages caused to the User as a result of disclosure of the Login Credentials to the third parties through no fault of the Owner.
5.6. The User shall be solely liable for any actions performed in the Application using the Login Credentials of the User.
5.7. The Owner provides no warranties for the Application performance. The User agrees to use the Application in the form it is presented, without any warranty of the Owner.
5.8. The Owner shall not be liable for any damages caused to the User as a result of providing incorrect information to the Other Users, and caused by the actions and/or omission of the Other User. The Owner does not warrant that the information contained in the Profiles of the Other Users, and in the messages posted by them, is accurate and complete.
5.9. Unless otherwise provided for by this Agreement, if the User violates the terms and conditions hereof, the Owner shall be entitled to waive the Agreement, and delete the User's Profile and Personal Account. In case of any damage caused to the third parties as a result of such violation, the User shall assume full liability for it.
5.10. The Owner shall not be liable for inaccuracy of the Third Party Data provided for operation of the Application, including inaccuracy of any information or data received from Google Maps API. The Owner shall not be liable for any other incorrect data provided in the Application. All data available to the Users in the Application, including flight schedules, is based on the data provided by the third parties (including airlines) in the public domain; all calculations, including the calculation of the route, is made by Google Maps; any measurements, values and numbers received by means of the Application, including those on timers and schedules, are provided for information and reference purposes only and in no event may be considered absolutely reliable. The Owner shall not be liable for inaccuracy of any data received by the User through the Application, including, but not limited to, any damages, loss of profit, penalties and other negative consequences relating to the use of such data incurred by the User.
5.11. In any case, the amount of damages that may be reimbursed by the Owner to the User is limited to ten thousand Russian roubles (RUB 10,000) subject to the provisions of part 1, article 15 of the Civil Code of the Russian Federation.
6.1. By registering in the Application and entering personal data in the registration form, the User makes personal data available to the public, and any Other User and/or Visitor is free to read it. The User hereby agrees that the personal data filled during its registration in the Application, as well as the personal data posted by the User in the Application after its registration, shall be processed subject to article 6, clause 1, sub-clause 10 of Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" (as amended on July 25, 2011).
6.2. When processing the User personal data, the Owner shall take all due measures for protection thereof from unauthorised use as provided for by the applicable law of the Russian Federation. Administrator Personal Data Processing Policy and Administrator Personal Data Security Regulation shall be available to the public as required by article 18.1, part 2 of Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" (as amended on July 25, 2011).
6.3. However, it cannot be ruled out that in certain circumstances personal data of the User may be made available to others.
6.4. The User hereby agrees not to raise any claims to the Owner in this regard since the User makes its data available to the public.
6.5. In pursuance of the Agreement, when specifying its personal data in the Application, the User unconditionally agrees to:
6.6. Posting its personal data in the Application, the User confirms that it does so voluntarily and that it voluntarily provides such data to the Owner for processing. The User may withdraw its consent for personal data processing by deleting the Profile through the Personal Account. The User agrees and acknowledges that the User's personal data may be saved upon the Application indexing by the search engines, and saved as a copy by the Application Owner.
6.7. The Owner shall process only such personal data of the User as is posted by the User in the Application. The User's personal data shall be processed by the firmware and software of the Application.
6.8. The User's personal data shall be processed by the Owner during the period of its placement in the Application. Should the personal data posted in the Application be deleted, the Owner ceases to process it. However the Owner is entitled to keep a backup copy of the above data of the User until the Owner's liquidation.
7.1. The exclusive and moral rights to the Application shall belong to the Owner and other persons which entered into an agreement with the Owner enabling the Owner to display the results of intellectual activity of these persons in the Application, and shall be protected by the applicable law of the Russian Federation.
7.2. Actions and/or omission of the User that caused the violation of the Owner's rights or aimed at violation of Owner's rights in the Application or any components thereof shall give rise to criminal, civil and administrative liability in accordance with the laws of the Russian Federation.
7.3. To ensure the integrity of the information displayed in the Application, the User shall hereby grant the Owner a simple non-exclusive licence to the results of the intellectual activity displayed or earlier displayed by the User in the Application (if applicable) as provided for by article 1235 of Civil Code of the Russian Federation. The rights to use the results of the intellectual activity shall be granted by the User to the Owner at the time of posting the relevant results of the intellectual property in the Application. By posting the results of the intellectual property in the Application, the User agrees that no remuneration will be paid by the Owner for the rights to use the results of the intellectual property. The Owner is entitled to use the relevant results of the intellectual property in any way within the term of the relevant results with no territorial restrictions. The Owner is under no obligation to send any reports on the use of the relevant results of the intellectual property to the User.
7.4. The User shall be solely liable for using the rights to the results of the intellectual activity belonging to the third parties, and to the means of identification which are contained in the materials posted by the User in the Application (if applicable), as well as in the materials transferred by the User through the Application, and which are stored in the Personal Account of the Application User or materials becoming available in any way via or through the Application due to the actions and/or omission of the User. The Owner has no technical ability to monitor compliance of the materials referred to in this paragraph with the requirements of the applicable law of the Russian Federation, in particular, the Owner is not able to monitor the infringement or non-infringement of one's rights and interests by the above-mentioned materials.
7.5. The User shall settle all possible claims of rightholders or other third parties to the Owner which are related to the materials specified in the Agreement by its own efforts and at its own expense.
7.6. In the event of any claims, suits or demands of the third parties to the Owner for illegal use by the User of the intellectual property in the Application, the User shall indemnify the Owner for any losses incurred by the latter as a result of such infringement or submission of such claims.
8.1. The Parties shall endeavor to resolve all disputes, disagreements and claims, that may arise in connection with the execution, termination or invalidation of the Agreement, through negotiations. The Party that has complaints and/or disagreements shall send a notice to the other Party indicating complaints and/or disagreements that have arisen.
8.2. The notice specified herein shall be sent by the User via e-mail at: ___________________________, and sent to the Owner by a registered letter with acknowledgement of receipt. The notice shall contain the essence of the claim, the evidence supporting the claim, as well as information about the User.
8.3. If any issues and disputes arise relating to execution of this Agreement, the User and the Owner will use their best efforts to resolve them through negotiations. If negotiations are ineffective, then disputes shall be resolved in accordance with the applicable law of the Russian Federation.
8.4. To solve the technical issues in determining the guilt of the User as a result of its misconduct in using the Internet and, in particular, the Application, and to consider the User's notices, the Owner is entitled to independently involve competent entities on an expert basis.
9.1. The Agreement may be terminated at any time by either Party. Upon termination of the Agreement by the Owner, the Owner shall post a termination notice in the Application and/or send the relevant notice to the User. The Agreement shall be deemed terminated from the date of posting/sending such notice. 9.2. The User may terminate this Agreement by deleting its Profile from the Application.
9.3. The Parties agree that the Agreement may be amended unilaterally by the Owner by posting an updated text thereof on the Internet and/or directly in the Application. The User agrees to the amendment of the terms and conditions of this Agreement by re-acceptance of a new version of the Agreement when opening the Application for the first time since the date of such amendment.
9.4. The User which disagrees with the terms and conditions of the Agreement and/or amendment of the terms and conditions hereof, shall not gain access to the Application and the Agreement shall be deemed terminated.
10.1. It is allowed to use the analogues of the Parties' handwritten signatures during execution of the Agreement and in the conduct of correspondence by the Parties on these issues. The Parties confirm that all notices, communications, agreements and documents in the conduct of the obligations arising out of the Agreement, which are signed by the analogues of the Parties' handwritten signatures, are valid and binding on the Parties.
10.2. The User acknowledges that the analogues of its handwritten signature shall be:
10.3. The Parties have agreed to use facsimile signatures of the Parties in preparation of the necessary documents and claims hereunder. The Parties hereby agree that the documents and claims signed with a facsimile signature shall be valid and mandatory for consideration and acceptance by the Parties.
10.4. Except as expressly provided by this Agreement and the applicable law of the Russian Federation, all notices, messages and documents in the conduct of the obligations arising out of this Agreement shall be sent to and be deemed received by the Parties if sent by e-mail from the authorised address of one Party to the authorised address of the other Party. The authorised addresses are:
10.5. The Parties shall treat as confidential any information relating to the execution of this Agreement, including any amendments and additions hereto, keep such information strictly private and not disclose it to any third parties without prior written consent of the other Party, except when required for the purposes of the Agreement or in cases of disclosure thereof to the relevant state authorities if required by law.
10.6. This Agreement and all legal relations resulting therefrom shall be governed by the laws of the Russian Federation. All disputes arising out of or in connection with this Agreement shall be settled under the laws of the Russian Federation.