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 “Uklon” (software products provision), which supersedes all the previous agreements between the User and the Administrator.
1.2 When using the Online Service “Uklon”, User regardless of their legal status and civil capacity shall be subject to the rules and restrictions set forth herein.
1.3 The Agreement, as amended, shall be posted for public notice on the Website at https://uz.uklon.eu/en/user-agreement-en/user-agreement/ , tab “User Agreement”.
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 “Uklon”.
1.5 The User shall understand that the Online Service “Uklon” is accessed by downloading, installing, and using the Mobile Application.
1.6 The User shall agree to comply with the terms and conditions hereof when registering the User on the Mobile Application.
1.7 The Administrator may unilaterally 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:
● Administrator shall mean a legal entity established in accordance with the laws of the Republic of Uzbekistan — Foreign Enterprise in the form of Limited Liability Company “UKLON UB”;
● User shall mean any fully capable individual who has placed an Order using the Mobile Application “Uklon”;
● Online Service “Uklon” (the “Online Service”) shall mean a technological platform consisting of the Mobile Application and 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 automated monitoring, collection, processing, distribution, storage, presentation of data about the Order, which have been placed on it by the Users, and about offers of the Services placed by the Partners, automatic calculation of the value of the Services, taking into account the supply and demand ratio, weather conditions, route and its load, etc., and which automatically builds-up routes and provides data exchange for communication with the User and the Partner, and gives the User the possibility to search and read the Partners’ offers automatically generated according to the User’s criteria for potential implementation of the Order, and also to accept or reject the relevant offers of the Partners, publish your location data, change the recommended cost of the Services, provide assessments of the Online Service and Partners, 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.
● Online Service “Uklon Driver” (the “Online Service “Uklon Driver”) shall mean a technological platform consisting of a Mobile Application “Uklon Driver” and an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc.), intended for automated control, collection, processing, distribution, storage and presentation of data about Orders placed on it by the User, automatic calculation of the cost of the Order taking into account the relationship between supply and demand, weather conditions, route, workload and other factors, which automatically builds routes and ensures the exchange of data for the User’s communication with the Partner, allows the User to confirm or reject the relevant Orders at his/her own discretion, publish data about his/her location, rate the Users, and use routes built by the program in real time within the available functionality.
● Order parameters – additional circumstances that arise during the implementation and execution of the Order, and which have or may have an impact on the final cost of the Order, including, but not limited to, the following factors:
– traveling with an animal;
– additional waiting;
– adding an additional point for the tracking route;
– transportation of additional luggage in the cabin;
– meeting with the sign;
– non-exit of the User after placing the Order
– Preliminary order
● Partner shall mean a self-employed person engaged in the business of passenger transportation by road, luggage delivery and providing other services that may be available from time to time through the Mobile Applications “Uklon” and “Uklon Driver”, who has accepted the Public Offer to provide access to the Online Service “Uklon Driver” placed on the Website.
● Preliminary order – Order which was created by the User for the defined moment in future.
● “UKLON RIDER” Loyalty Programme is a marketing activity of Uklon aimed at increasing the activity of Users in using the services of the Online Service, and the recognition and loyalty of Users to the Uklon brand. The terms and conditions of participation in “UKLON RIDER” Loyalty Programme are available at the link: https://uz.uklon.eu/en/user-agreement-en/uklon-rider-loyalty-programme-terms/ and define the procedure and terms of the Loyalty Programme, interaction of the parties within the framework of its implementation and receipt of remuneration.
● Order shall mean the User’s request to receive Partner’s services on passenger transportation by road, luggage delivery as well as other services, which from time to time may be available through the Mobile Applications “Uklon” and “Uklon Driver”, structured according to the necessary details.
● Services shall mean services for the transportation of passengers by road, luggage delivery, and other services as may be available from time to time through the Mobile Applications “Uklon” and “Uklon Driver”. Nothing in this Agreement implies or means that the Administrator provides or may provide the Services.
● Website shall mean a web page on the Internet at uz.uklon.eu. Website is the result of computer programming, referring to software products.
● Mobile Application “Uklon” (the “Mobile Application”) means a copy of the computer program in the form of a mobile application for iOS, Android electronic devices titled “Uklon”, which is provided to the User as a tool to access the Online Service “Uklon” during the term of this User Agreement.
● Mobile Application “Uklon Driver” means a copy of the computer program in the form of a mobile application for iOS, Android electronic devices titled “Uklon Driver”, which is provided to the Partner as a tool to access the Online Service “Uklon Driver” during the term of the Public Offer for providing access to the Online Service “Uklon Driver” posted on the Website.
2. USER REGISTRATION
2.1 To obtain access to the Online Service, the User shall register on the Mobile Application, as a result a unique User account is created that provides access to the Online Service.
2.2 When registering, the User is obliged to provide accurate information about himself/herself by filling in the appropriate registration form.
2.3 If the User provides false information during registration or in the future when using access to the Online Service, the Administrator has the right to suspend or cancel the User’s account (registration) without prior notice or obtaining any consent from the User.
2.4 The Administrator reserves the right 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 according to the provisions of Section 6 hereof.
2.5 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.
2.6 When registering on the 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.
2.7 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.
2.8 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 their will.
3. PERSONAL DATA
3.1 All issues related to processing and protection of personal data of the User shall be governed by a separate Privacy Policy, which is published on the Website at the link: https://uz.uklon.eu/en/user-agreement-en/privacy-policy/ and the Mobile Application.
4.1 Access to the Online Service shall be provided to the User exclusively for personal non-commercial use, which allows the Users to order and plan transportation.
4.2 The Administrator shall provide the Partners with access to the Online Service “Uklon Driver” on a contractual basis for the purpose of processing and implementation of the Orders. In case of acceptance of the Order, the 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 Partners, and shall not provide any warranties to the Users regarding the quality of such Services.
4.3 The Services shall be provided by the Partners on the basis of individual agreements between specific Users and Partners, to which the Administrator is not a party in any case.
4.4 The Administrator shall bear no liability for timing, content, relevance and quality of the 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 Partners.
4.5 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 Uzbekistan. The User shall agree that in case of violation of this clause, he/she 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 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 Uzbekistan. The Administrator shall not provide delivery services and is not responsible for the provision of such services. The functions and responsibility of the Administrator in terms of cost and payment for delivery services shall be limited to determining the recommended cost of services, technical organization of the process of agreeing the price payable to the Partner, and communicating the agreed price to the Users. The Administrator shall not be responsible for payment for goods or services for which delivery services are performed.
4.6 The Website, 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. PECULIARITIES OF ORDER PROCESSING, PROVISION AND RECEIPT OF INDIVIDUAL SERVICES WHEN USING THE ONLINE SERVICE
5.1 When making an Order using the Online Service, the User accepts and confirms his/her understanding that the final cost of the Order may depend on the type of selected Services and individual Order Parameters, the application of which may occur during the creation of the Order, execution of the Order by the Partner and after the completion of the Order. Users can make an Order for the current time, as well as make a Preliminary Order for any time in the future.
5.2 During the execution of the Order for the Services, the Partner has the right to charge a fee for each minute of further waiting of the User(s), if such waiting exceeds 3 minutes from the moment of the Partner’s arrival at the place specified in the Order details, and if such waiting exceeds 7 minutes from the moment of the Partner’s arrival, the latter also has the right to refuse further provision of the Service under such Order. A dynamic coefficient may be applied to the User’s waiting time fee in accordance with clause 7.1. of this Agreement, which will be notified to the User in the Mobile application.
5.3 If the User fails to come out at the place specified in the Order within 7 minutes after the Partner’s arrival, the Partner has the right to demand additional compensation for the expenses incurred. These costs are related to the acceptance of the Order for the Services that were not provided due to the User’s actions or inaction. Also, if the User cancels the Preliminary Order after confirmation by the Partner or does not come out to receive it after arrival and waiting by the Partner within 7 minutes after the Partner’s arrival at the place indicated in the Order, the Partner is entitled to claim reimbursement of his/her expenses.
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 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 for damages incurred by the latter in connection with the illegal placement of information and/or intellectual property by the User on the Website and/or Mobile Application.
6.2 The Administrator reserves the right to refuse to post, as well as at any time to remove/block the information and/or intellectual property objects posted by the User in case of establishing the fact of illegal possession of information, as well as intellectual property objects.
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 Website and/or 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 undertakes to notify the User of claims of third parties regarding the information and objects of intellectual property rights posted by the User. By using the Online Service, the User grants the Administrator the right to publish the information and/or intellectual property posted by the User or to remove it at its discretion.
6.5 The User undertakes not to use access to the Online Service to transmit, post or distribute by any means information, the content of which is illegal, threatening, defamatory, insulting, violates the right to intellectual property, spreads hatred and/or discrimination of people on any grounds, contains insults and claims against other Users, the Administrator or any third parties, in accordance with the Law of the Republic of Uzbekistan “On Principles and Guarantees of Freedom of Information”, the Constitution of the Republic of Uzbekistan and other relevant regulatory acts. It is also prohibited to distribute any information of erotic, sexual, and/or pornographic nature through the 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 intellectual property objects posted by the User must not contain information, distribution and use of which violate both the legislation of the Republic of Uzbekistan and the rights of third parties.
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 Uzbekistan 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 be solely 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. At the same time, the Administrator reserves the right to suspend access to the Online Service or its part at any time in case of violation of these terms of this Agreement, or apply other measures to the User in order to comply with legal requirements or the rights and legitimate interests of third parties.
6.11. Subject to clause 2.4 the Administrator may block the User’s actions and suspend or terminate the User’s account in the following scenarios, including but not limited to situations where the User:
● Utilizes personal data of other individuals without appropriate authorization.
● Engages in irregular financial transactions.
● Maintains a negative account balance.
● Engages in spamming, generates fraudulent orders or accounts.
● Uses the account for purposes contrary to the provisions of the User Agreement.
● Violate and abuse the terms of “UKLON RIDER” Loyalty Programme.
● Executes abnormal actions that result in the deterioration of the Online Service or disrupts the work of Drivers.
● Exploits the trust of the Administrator, attempting to alter Trip conditions for personal gain.
● Misuses promotions, discounts, and programs, and fails to adhere to their rules.
● Falsifies data of the distance of the trip.
● Utilizes bots or automated mechanisms for using the Online Services.
● Is involved in the transportation or delivery of prohibited goods.
● Uses forged documents to create an account.
● Displays disrespectful behavior towards Drivers, other Users and staff or representatives of the Administrator.
● Carries out other malicious actions that pose financial and reputational risks for the Administrator.
The aforementioned cases, subject to clause 6.9 along with the potential violation of legal provisions, rules, and human rights, as well as the potential for claims against or liability for the Administrator due to the User’s actions, may prompt the Administrator to take such measures.
6.12. Users may contact the support team and submit a request for the removal of the account suspension or blocking, thus restoring access to the Online Services. Subsequently, the Administrator may initiate an investigation and make a decision on the request. If the result is unfavorable, the Administrator is not obligated to provide reasoning for the decision.
6.13. If the User repeatedly cancels Order requests within a 24-hour timeframe, their account may be subject to automated temporary blocking as a warning. Following multiple warnings of this nature, the account could face a more extended suspension period. If automated blocking occurs, the account cannot be reactivated by the Administrator until the designated blocking period has elapsed.
7. PAYMENT FOR SERVICES, PROMOTIONAL CODES
7.1 Payment for the Services of the Partners shall be made by the User in accordance with the relevant tariffs placed in the Mobile Application and, at the discretion of the Administrator, on the Website. 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 has the right to manage the recommended cost of the Services within the given parameters of the Online Service or agree with the recommended cost of the Services by confirming the Order. When changing the route or long waiting for a passenger, the cost of the Services shall be recalculated according to the tariffs. If the route of the Order that has already been accepted by Uklon Partner is changed, the cost of the Services cannot be recalculated to be decreased.
7.2 The User shall pay for the Services directly to the Partner. When paying in cash, the User transfers cash to the Partner who provided the Service. When paying by non-cash means, Uklon acts as a commercial agent (commissioner) of the User and fulfils the Partner’s instruction to receive funds for the completed Orders and send the corresponding funds to the Partner who provided the Service.
7.3 The User may pay for the Services of the Partner using bank card through the Mobile Application. The Administrator shall not store and shall not transfer Users’ bank card data to unauthorized third parties.
7.4 Payment for the Services to the 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.
7.5 The User, in addition to paying for the Services to the Partners in case of payment by bank card or Google Pay, Apple Pay, shall have the possibility to leave tips to the 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.
7.6 Functions and responsibility of the Administrator in terms of cost and payment for the Services shall be limited to determination of the recommended cost of the Services, technical organization of the process of agreeing the price payable in favor of the Partner for the Services, communication of the agreed price to Users and information assistance in ensuring the acceptance of payments with the use of bank cards from Users. Acceptance and transfer of payments with the use of bank cards shall be carried out by the relevant payment systems authorized to provide relevant services.
7.7 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 in accordance with “UKLON RIDER” Loyalty Programme, 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.
7.8 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 in accordance with “UKLON RIDER” Loyalty Programme; 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.
7.9 Payment for the Services to the Partners may also be made by the User using the balance (“Balance”) in the Payment section of the Mobile Application. Balance is a special feature of the Mobile Application where the amounts of virtual funds may be available to the User because:
● The User has withdrawn from using the Services purchased through the Mobile Application, and the amounts paid by the User by bank card have been refunded to the User by crediting these amounts to the Balance. In case of payment by bank card, the refund amount will be equal to the payment amount;
● Amounts have been made available to the User due to other reasons at the discretion of the Administrator.
7.10 The User shall not claim that any funds available on the Balance would be returned to them, redeemed in cash or made available to them in any other way than for paying for the Services.
7.11 The User shall not claim that any funds available on the Balance would be transferred to a third party or otherwise made available to any third party in any other way than for paying for the Services.
7.12 The funds on the Balance shall not be deemed as electronic money, deposits or otherwise as funds, which the Administrator holds on the User’s behalf.
7.13 The funds on the Balance are available for the use only on the territory of the Republic of Uzbekistan.
7.14 The Administrator may debit the Balance for any amounts which the User owes as a result of the use of the Mobile Application and the consequent payment even in case they have not selected the Balance as the default payment method.
8. RIGHTS AND WARRANTIES OF ADMINISTRATOR
8.1 The Administrator shall warrant that it owns all appropriate and necessary intellectual property rights to carry out its functions and provide Users with access to the Online Service and Mobile Application in the territory of the Republic of Uzbekistan, in particular, but not limited to, intellectual property rights to: Online Service, Mobile Application , any of their components, including program code, other electronic data in the form of numbers, letters, symbols, images and their combinations, design elements, text, graphics, illustrations, video information and other intellectual property.
8.2 This Agreement does not provide for the transfer of proprietary rights to any third party in the Online Service, Mobile Application or their components. The Administrator shall grant the User a non-exclusive intellectual property right to use the Online Service 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 Partners; any actions or omissions of the Partners; the presence or absence of any powers, permits, licenses, approvals for the 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, Website, 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, Website, 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, Website, Mobile Application or any part thereof and/or access to the Online Service. Functioning of the Online Service and access to it may be limited or temporarily terminated due to force majeure and other factors, prevention or overcoming of which is beyond the capabilities of the Administrator.
9.3 The Administrator shall always be ready to take into account the wishes and suggestions of any User of the Online Service, Website, 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 Uzbekistan. Issues not regulated herein shall be resolved in accordance with the applicable laws of the Republic of Uzbekistan.
10.2 All possible disputes arising from the relations regulated herein shall be settled in accordance with the procedure established by the applicable laws of the Republic of Uzbekistan. Claims, applications, complaints and any other procedural documents filed with courts or other bodies on disputes arising from this Agreement shall be considered by courts or relevant bodies 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 Uzbekistan.
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 Russian language, but is provided for reading to the Users in Uzbek and English languages. In case of discrepancies between the terms and conditions hereof in Russian and its Uzbek and English translations, only the Russian version of the document published at: https://uz.uklon.eu/ru/user-agreement-ru/пользовательское-соглашение/, tab “User Agreement”, shall prevail.
100060, Republic of Uzbekistan, Tashkent city, Mirabad district, T. Shevchenko Street, 34, office 306
TIN 310 448 243,
Tel. +99878 1139995
E-mail: uz.uklon1@uklon.eu
Effective Date: 31.05.2024.