License agreement and public offer
about using the iParkU application
Before using the iParkU application (hereinafter referred to as the program / application), please read the terms of this public offer, which is also a license agreement (hereinafter referred to as the “Agreement”).
Any use of this program means your full and unconditional acceptance of the terms of this Agreement. In addition, by accepting this Agreement, you also accept all its future changes, which will be made by the Administrator unilaterally. If you do not accept the terms of this Agreement in full, you are not entitled to use the iParkU program for any purpose.
You acknowledge that Highbrix Rus LLC does not lease parking spaces, nor does it ensure the functioning and maintenance of parking or other parking services, and does not function as a service company. The application helps its users to exchange information with each other about the possibility to park the car in the vacated parking spaces.
By installing the iParkU mobile application on a smartphone, the user accepts and agrees with the commission rate charged by iParkU for settlements within the Application by users.
1. General Provisions
This License Agreement (Public Offer) (hereinafter referred to as the Offer / Agreement) establishes the conditions for using the iParkU program for mobile devices (hereinafter referred to as the Application) and is concluded between any person using the Program - the licensee (hereinafter referred to as the User) and Highbrix Rus LLC , Russia, 105120, Moscow, st. Nizhnyaya Syromyatnicheskaya, 10, bldg. 2, fl. 7, pom. I, com. 14 who is the copyright holder of the exclusive rights to the Application (hereinafter referred to as the Administrator).
This License Agreement defines the rights and obligations of the User and the Administrator when using the iParkU Application exclusively in the territory of the transferred rights.
This Offer is addressed to an indefinite circle of persons and is a public offer in accordance with clause 2 of Art. 437 of the Civil Code of the Russian Federation.
This Offer is concluded by accepting this Offer, containing all the essential conditions, without signing by the parties.
Unconditional acceptance of the User of this Offer in accordance with Art. 438 of the Civil Code of the Russian Federation is the Registration of the User in the Application, as well as the beginning of the actual use of the Application.
Information posted in the public domain on the website http://iparku.ru/ determines the terms and conditions for using the Application, and also determines the rules and conditions for the use by any person of the opportunities provided by this Application.
By copying the Application, installing it on his mobile device or using the Application in any way, the User expresses his full and unconditional acceptance of all the terms of the License.
Use of the Application is permitted only under the terms of this License.
By using the Application, you agree that the following documents are integral parts of this Agreement, the terms of which fully apply to the use of the Application:
● "Rules for using the Application" posted on the Internet at the address: http://iparku.ru/ .
These documents (including any of their parts) can be changed by the Administrator without any special notice, the new version of the documents comes into force from the moment of their publication, unless otherwise provided by the editorial office itself.
This Offer and all relations related to the use of the Application are governed by the legislation of the Russian Federation.
This Offer is posted on the Internet site at the following link: http://iparku.ru/ . The iParkU mobile application does not operate on the territory of one or more member states of the European Union (EU) and the European Economic Area (EEA).
2. Concepts and terms
2.1. Concepts and terms used in this Offer:
Offer - a public offer of the Licensor, addressed to any person, to conclude a license agreement (hereinafter referred to as the Agreement) with him on the existing terms and conditions contained in the Agreement.
Acceptance - full and unconditional acceptance by the Licensee of the terms of the Agreement.
Licensor (Administrator) - Limited Liability Company “Highbrix RUS” LLC (PSRN: 1207700369194, INN: 9709065822), which has entered into an Agreement with the Licensee on granting the right to use (simple (non-exclusive) license) of the Application (hereinafter referred to as the Administrator).
Licensee (User) - an individual who has reached 18 years of age, an individual entrepreneur, an individual applying a special tax regime (Self-Employed), a legal entity that has passed the Registration procedure in the Application, has entered into an Agreement with the Licensor on the terms contained in the Offer (hereinafter referred to as the User) ...
Simple non-exclusive license - the non-exclusive right to use the Application on the territory of the Russian Federation for own consumption under the name designated by the Licensor, without the right to alter or otherwise process, without distribution rights. A non-exclusive license is provided to Users on the territory of the Russian Federation.
Application - software of the iParkU mobile application for user interactions. All rights to the Application belong to the Licensor on the basis of the relevant licenses and (or) agreements. None of the provisions of this Offer can be interpreted as a transfer of exclusive rights to the Application to the User.
Site - a site located on the Internet at http://iparku.ru/ .
Mobile application - the iParkU mobile application, both developed and developed in the future versions of the mobile application for iOS, Android platforms (hereinafter referred to as the mobile application).
Account (account) - a set of protected pages in the Application, created during User Registration, through which the Application is used and the Users interact.
Login is a unique set of characters used to access the Account.
For the purposes of this Offer, the Login means the User's mobile phone number.
Service - a service for providing reliable information about a vacated parking space provided by one Application User (Contractor) to another Application User (Customer) on a reimbursable basis in order to provide the Contractor with a parking space in favor of the Customer.
Contractor - a User who has installed the iParkU application on his mobile device and has started using it to provide the Service.
Customer - a User who has installed the iParkU application on his mobile device and has started using it for the purpose of receiving the Service.
The Contractor's remuneration is the money that the Contractor receives from the Customer within the Application for the properly rendered Service.
Administrator's Commission - money that the Licensor receives from the Contractor inside the Application for information services carried out through the Application, quality control, as well as ensuring settlements through the Application, if the User of the Application successfully provides the Service.
2.2. The Agreement may use concepts and terms that are not defined in clause 2.1 of this Agreement. In these cases, the interpretation of concepts and terms is made in accordance with the text and meaning of this Agreement. In the absence of an unambiguous interpretation of the concept and term in the text of the Agreement, one should be guided by the interpretation of concepts and terms in accordance with civil law and business customs.
3. Subject of the Offer
3.1. The Administrator grants the User the right to use (simple (non-exclusive) license) by the Application within the limits provided for in this Agreement.
3.2. The User can use the Application software by:
● downloading and installing the Application on a mobile device running Android and Apple iOS operating systems;
● opening and using the Application;
● registration in the Application.
3.3. The territory of the transferred rights is the Russian Federation.
3.4. The Offer is valid for an unlimited period (from the moment the Application is installed).
3.5. The User understands and agrees that the Application may contain advertisements of the Administrator and that the presence of these advertisements is a necessary condition for using the Application.
The User agrees to receive advertising mailings from the Administrator, including SMS messages, emails and other forms of advertising mailings about promotions, discounts, bonuses and other advertising messages from the Administrator, including advertising of third-party services provided by the Administrator by agreement with such third parties related to the activities of the Application.
At the same time, the Users of the Application are prohibited from placing advertisements for the services of third parties. Users who violate the provisions of this clause are liable in accordance with the requirements of the Federal Law "On Advertising" on their own.
3.6. The User guarantees that the data provided during Registration is current and reliable.
3.7. The Administrator has the right to keep a record of the User's activity in the Application and, taking into account this information, display the Administrator's advertising information for the User. This information is considered private and is not subject to disclosure by the Administrator, Users and third parties.
3.8. The Administrator has the right to establish any additional requirements and restrictions for the User in relation to Registration in the Application and the use of the functionality of the Application.
3.9. Unless otherwise specifically indicated in the text of these conditions, the Users cannot, without the prior written consent of the Administrator:
a) use, modify, embed into or combine with other software, create a revised version of any part of the Application or the Site and its components;
b) sell, issue licenses (sublicenses), lease, assign, transfer, pledge, grant rights under this Agreement to third parties;
c) copy, distribute or reproduce the Application or the Site and its components in the interests of third parties;
d) publish the results of any benchmarking analysis regarding the Application or the Site, use the said results for your own competing software development activities;
e) modify, disassemble, decompile, disassemble into component codes, process or improve the Application or Site, try to obtain the source code of the Application program or Site and its components.
3.10. The offer is an open and public document. This Offer may be amended and / or supplemented by the Administrator unilaterally, while the User is considered to be duly notified when the amended version of the Offer is published on the Internet at: http://iparku.ru/ .
3.11. The Administrator recommends that Users regularly check the terms of this Offer for changes and / or additions. Continued use of the Application after making changes and / or additions to this Offer will mean acceptance and consent of the User with such changes and / or additions.
3.12. Depending on the region of the User, all or some of the functions of the Application may be unavailable or limited. The functions are considered unavailable (limited) for a User from a certain region if such a User cannot explicitly use them. The use of any technical and software methods to circumvent these restrictions is prohibited. The provisions of this Offer governing the functions of the Application that are not available (limited) for the User are not applied until such functions become explicitly available to the User. Information about the availability of the functions of the Application in a certain region is provided to the User upon his request sent to the address of the Application.
3.13. The Administrator, granting the rights to use the Application, provides the Users with a platform for the exchange of information, and also interacts with users, including when making payments through the Application. In addition to the accumulation of funds received to pay for the Services, the Administrator provides the Contractors with certain services: information services, services to ensure access to the Application, quality control of the services provided by the Contractors.
4. Application Status
4.1. All rights to intellectual property of the Application (software, commercial designation, logos and other intellectual property) in general and to the use of the network address (domain name) http://iparku.ru/ belong to the Administrator.
4.2. The Application is not a provider of the Services , being an Internet aggregator that provides information and allows Users to interact.
4.3. Users of the Application guarantee their compliance with the current legislation of the Russian Federation. In case of non-compliance with the requirements of the law, Users undertake to independently bear responsibility to third parties, as well as to authorized regulatory and supervisory authorities.
4.4. Users of the Application guarantee not to use the Application for the purpose of buying, exchanging, selling, ordering or delivering cigarettes, electronic cigarettes, electronic heating systems for tobacco, tobacco products, alcoholic beverages, goods with limited circulation, goods withdrawn from circulation, in accordance with the current legislation of the Russian Federation, of goods, the free sale of which is prohibited by the Decree of the President of the Russian Federation of 02.22.1992 N 179 (as amended on 03.17.2020) "On types of products (works, services) and production waste, the free sale of which is prohibited", goods, the remote sale of which is prohibited in accordance with with the legislation of the Russian Federation.
4.5. Users of the Application guarantee not to use, open, download the iParkU mobile application on the territory of the member states of the European Union (EU), the European Economic Area (EEA), do not go through the registration procedure, do not enter their data to register in the mobile application " iParkU ”on the territory of the member states of the European Union (EU), the European Economic Area (EEA).
5. Rights and obligations of the Administrator
5.1. All appeals, suggestions and claims of individuals and legal entities to the Administrator, in connection with this Offer and all questions about the functioning of the Application, violations of the rights and interests of third parties when using it, should be sent to the e-mail specified in section 14 of this Offer.
5.3. The Administrator, upon receipt of information from other Users or third parties about the User's violation of this Offer, has the right to unilaterally terminate this Agreement, change (moderate) and / or delete any information published by the User that violates the prohibitions established by both this Offer and other documents and the Rules of the Application, suspend, restrict or terminate the User's access to all or any of the sections or functionalities of the Application at any time for any reason or without explanation, with or without prior notice, without being responsible for any harm that may be caused to the User such an action. The Administrator is not responsible for the temporary blocking or deletion of the User's information carried out in accordance with this Offer.
5.4. The Administrator has the right to send notifications to Users via SMS messages, letters to e-mail or other communication channels.
5.5. The Administrator has the right to receive remuneration from Users within the framework of this Offer. Information on the procedure for payment, the cost of remuneration and other conditions, including information on the return of remuneration, is available on the website http://iparku.ru/ .
5.6. The Administrator is not obliged to provide support, maintenance, updates, modifications and new versions of the Application. However, he may from time to time release updates for the Application and automatically, by electronic communication, update its version installed on the User's mobile device. The user agrees to such automatic updates, and also accepts that the terms and conditions of this Agreement will apply for the specified updates.
5.8. The User agrees that to use the Application it is necessary to use software (operating systems, etc.) and equipment (network equipment, smartphone, etc.) produced and provided by third parties and the Administrator cannot be held responsible for the quality of their work.
5.9. The Administrator is not an authorized organization within the meaning of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 "On Protection of Consumer Rights" and does not consider and satisfy User's claims regarding the Services of inadequate quality.
When the User contacts the Administrator on issues related to the Agreement concluded as a result of placing an Order with the Contractor, including with claims regarding the execution of this Agreement, the Administrator transfers the relevant information to the Contractor, and also has the right to transfer to the User information received from the Contractor on these issues.
5.10. The Administrator is not responsible for the content and / or relevance of any information provided by the Contractor about the Service at any time.
5.11. The Administrator places information about the Contractor in the iParkU application based on the data received from the Contractor.
5.12. The Administrator reserves the right, at its discretion, to restrict the User's access to the Application (or to certain functions of the Application, if technically possible) using his account or completely block the User's account in case of repeated violation of this agreement, or apply other measures to the User in order to compliance with the Agreement, as well as the requirements of the law or the rights and legitimate interests of third parties.
6. Registration in the Application and the status of the User (Personal data)
6.1. Registration in the Application is voluntary and is carried out in the iParkU mobile application.
Registration is considered completed at the moment of filling in the Registration form and sending it to the Administrator. After sending the Registration Form, a notification is sent to the User's phone confirming the completion of the Registration.
In the process of filling out the Registration form, information (documents) may be required, which are subject to mandatory filling (uploading).
6.2. Registration in the Application is carried out as follows:
The Login entered by the User during Registration, as well as the provision of consent to the processing of personal data are necessary and sufficient information for the User to access the Application.
6.4. Subject to the provisions of clause 6.3. of this Offer, the User understands and agrees that as a result of a failure, technical malfunctions, actions of third parties, including (but not limited to) a virus or hacker attack, the User's data specified in the Application may become available to third parties. The User undertakes not to make demands on the Administrator in the event of the occurrence of these circumstances.
6.5. The User agrees to the Administrator to:
a) the use of the User's credentials and statistical data to display advertisements;
b) sending information about the services, news of the Administrator and (or) the Administrator's partners;
c) provision of personal data to authorized state authorities, in case of receipt of relevant requests;
6.6. The user, taking into account the available functionality, has the right to change the data specified during Registration at any time.
6.7. The Administrator may have access to the personal (personal) data of the User, obtained automatically during access to the mobile application and its direct use, including, but not limited to:
a) data on the identification of the operating system and the model of the User's mobile device (or other program through which the Application is accessed);
b) the time and date of the User's connection and access to the Application;
c) IP address;
d) cookie data,
e) data on the location of the User provided by the geolocation services used in the User's device,
f) technical characteristics of equipment and software used by the User;
g) other information.
Using the Application, Users in accordance with the provisions of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data" give their consent to the processing of personal data by the Administrator, including: last name, first name, patronymic, passport data, gender, date of birth, numbers contact phone numbers, e-mail address (e-mail), vehicle data (brand, model, color), vehicle registration number; provide the Administrator with the right to carry out all actions (operations) with his personal data in order to fulfill the terms of this Agreement, including collection, systematization, accumulation, storage, updating, modification, use, depersonalization, blocking, destruction, including the processing of personal data by entering them into electronic database, inclusion in lists (registers) and reporting forms, reception and transmission of your personal data using machine media and through communication channels, in compliance with measures to ensure their protection from unauthorized access, provided that their reception and processing will be carried out by a person obliged to maintain professional secrecy.
6.9. The purpose of processing the User's personal data is to provide the latter with the opportunity to obtain a non-exclusive license to use both the Application itself and additional functional (software) capabilities of the Application, conduct advertising campaigns, provide targeted advertising and other informational functionalities of the Internet, conduct statistical research and analyze the statistical data, implementation of other actions described in this Offer.
The processing of the User's personal data is carried out by the Administrator within the period from the moment of registration of the User to the moment of deleting his account. The removal of the User's account is carried out by his written application, sent to the details specified in section 14 of this Offer.
6.10. The Administrator takes measures to ensure and maintain the security of Users' information, incl. personal (personal) information. The administrator takes the necessary and sufficient organizational and technical measures to protect information, incl. personal (personal) information of the User from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties with it. Despite this, the Administrator cannot guarantee absolute data protection. Users must keep their Account details and other information about it confidential.
6.11. When registering information, Users are responsible to the Administrator, other Users, any third parties and government authorities for the accuracy and reliability of such information.
6.12. When registering Users, the Administrator does not exercise control over their legal capacity and legal capacity. In the event that the Administrator has reason to believe that the User has violated the registration conditions in the Application, the Administrator reserves the right to suspend or cancel the User's registration and deny access to the functionalities posted in the Application.
6.13. The Administrator is not obliged to store the User's data (database information, statistics, etc.) and has the right to delete them from the database at any time.
6.14. When the mobile application "iParkU" is deleted from the memory of the mobile device, the personal data of the User received by the Licensor during the registration process using the User's mobile phone number are saved.
6.15. If the iParkU mobile application is re-installed on the mobile device and registration is performed using the same mobile phone number, the User's personal data that were provided using the specified mobile phone number is restored in full.
6.16. The user has the right to revoke his consent to the processing of personal data by sending to the Administrator a corresponding written application to the email address specified in the Offer.
7 . Payment of the Contractor's remuneration through the Application
7.1. The Application User (Contractor) Remuneration is accrued by debiting funds from the Application User's (Customer's) account and transferring funds to the Contractor's account within the Application in a non-cash form by a transaction for the full cost of the Service minus the Administrator's commission.
7.2. In the cases stipulated by the current legislation, in case of non-cash payment, the cashier's receipt is sent either to the confirmed email address or to the mobile phone number specified by the Customer when using the Application, using a push notification in the iParkU Application or by SMS, and is available to the Customer when opening such a notification, provided that the Customer has not turned off the receipt of push notifications and SMS.
7.3. If the User's bank card details are correct, valid and the use of this card within the Application is technically possible, the specified bank card can be used for non-cash payment.
7.4. The application does not have access to the data of the User's bank cards and is not responsible for the safety and confidentiality of the transmitted data when making non-cash payments. Non-cash payment is carried out by the Customer with the participation of an authorized operator for receiving payments, or an operator of electronic money, or other participants in settlements, information technology interaction, and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other settlement participants ...
7.5. When specifying his data and further use of the bank card, the Customer confirms and guarantees that he / she has provided accurate and complete information about a valid bank card issued in his name; compliance with the rules of international payment systems and the requirements of the issuing bank that issued the bank card, including with respect to the procedure for conducting non-cash payments.
7.6. The User understands and agrees that all actions performed within the Application using a confirmed mobile phone number, including cashless payments using a bank card, as well as withdrawing funds from his account in the iParkU application to any bank account ( including bank accounts of third parties) are considered committed by the User.
7.7. In case of disagreement of the User with the fact or amount of non-cash payment and other issues related to the use of a bank card within the iParkU Application, the User has the right to contact the Administrator by e-mail: firstname.lastname@example.org .
7.8. If, based on the results of the check on such an appeal, the Administrator decides to return the amount of non-cash payment in whole or in part, the specified refund is made to the bank account of the bank card from which the non-cash payment was made. The procedure for the return of funds is carried out with the participation of an authorized operator for receiving payments or an operator of electronic money, or other participants in settlements, information technology interaction, and is governed by the rules of international payment systems, banks (including the bank that issued a bank card) and other settlement participants ...
7.9. The Administrator reserves the right at any time to demand from the User confirmation of the data specified by him within the Application, including bank card data, and in this regard to request supporting documents (in particular, identity documents), failure to provide which, at his discretion Administrator can be equated with providing false information and violation of this License Agreement.
8. Responsibility of the Parties. Limitations of Liability. Warranty
8.1. A party that has violated its obligations under this Offer must immediately eliminate violations or take measures to eliminate the consequences. 8.2. The Application is provided to the User "as is" (as is), in accordance with the generally accepted principle in international practice. This means that for problems arising during the installation, updating, support and operation of the Application (including compatibility problems with other software products (packages, drivers, etc.), inconsistency of the results of using the Application with the User's expectations, etc. ), The Administrator is not responsible. The User must understand that he is fully responsible for possible negative consequences caused by the incompatibility or conflicts of the Application with other software products installed on the User's mobile device. The Application is not intended and cannot be used in information systems operating in hazardous environments, or serving life support systems, in which a failure of the Application may endanger human life or cause large material losses. The Administrator does not assume responsibility for the compliance of the Application with the goals of the User.
8.3. The user is solely responsible for the safety of his Login and Password and for losses that may arise due to his unauthorized use. 8.4. Users of the Application understand and agree that the Administrator exclusively provides access to the Application for posting information that complies with the terms of this Agreement.
Users providing services using the Application are not employees, employees or other persons for whom the Administrator is responsible.
The Administrator is not responsible for any property of the Users of the Application.
8.5. The Administrator under no circumstances is responsible for the actions (inaction) of Users and third parties and for force majeure circumstances (force majeure) that caused moral and (or) material harm, as well as harm to life and health, regardless of whether it could whether the Administrator could foresee the possibility of such harm and the possibility of its elimination or could not. The Administrator under no circumstances can be involved as a Party in disputes between Users, between the User and third parties, between Users and public authorities.
The Administrator is not liable either by virtue of the contract or as a result of an offense (including negligence), as well as in other cases to Users for any damage or loss (taking into account indirect, actual, subsequent), including, but not limited to, any damage or loss in in relation to income from commercial activities, unearned profit, business reputation, damaged or lost goods, value, property, data or documentation incurred by a person as a result of or in connection with the use of the Application, even if the Administrator became aware of the possibility of such damage.
8.6. The user guarantees that he complies with all tax laws, including the laws on the declaration and payment of taxes arising from the use of the Application, and is personally responsible for the declaration and payment of all applicable taxes.
8.7. The user guarantees that he complies with all the provisions of the legislation in the field of consumer protection.
8.8. When using the Application, Users are prohibited from using (posting) materials containing:
8.8.1. obscene or abusive words or phrases, pornographic images and texts or scenes of a sexual nature;
8.8.2. threats, calls for violence and unlawful acts, violation of the legislation of the Russian Federation;
8.8.3. elements of violence, cruelty, racial, ethnic or religious hatred, as well as links to such materials;
8.8.4. Nazi attributes or symbols;
8.8.5. propaganda of criminal activity, guidance on committing illegal acts;
8.8.6. material containing threats that discredits, offends, denigrates honor and dignity or business reputation, or violates the privacy of other Users or third parties;
8.8.7. information / announcements about the sale / delivery of: alcoholic and alcohol-containing drinks, beer and drinks based on it; narcotic drugs and other prohibited substances;
8.8.8. other materials that violate the current legislation of the Russian Federation.
8.9. The User-Contractor bears sole responsibility in the event that he does not properly and / or incompletely fulfill the agreement concluded with the User-Customer.
8.10. The customer enters into a direct contractual relationship with the Contractor. The Administrator is not a party to the legal relationship between the Customer and the Contractor, does not bear the rights and obligations regarding the performance of the Contractor's obligations under the Agreement.
8.11. All rights and obligations under the agreements concluded between the Customer and the Contractor arise directly from the Customer and the Contractor.
8.12. It is prohibited to place Orders, the purpose or subject of which is: ● providing and receiving loans, replenishing accounts in payment systems, making money transfers, accepting payments in favor of payment systems;
● attraction of Users to third-party resources, sites, or registration of Users on such resources, sites;
● services of an erotic nature;
● services of storage, transportation, manufacture, processing of narcotic drugs, precursors, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances;
● services for organizing prostitution, involvement in prostitution;
● adult content, any pornography, sex video chats, sites with an indication of the posting of candid photos;
● weapons and ammunition (civil, service, firearms):
1. development, production, testing, storage, repair and disposal;
2. trade, including the main parts of firearms;
● services for the manufacture / conversion / repair of explosives or explosive devices;
● services for the placement of information, materials discrediting the honor and dignity of a person, violation of the secrecy of correspondence, personal life;
● services for the purchase / sale / delivery of medicines;
● any other services prohibited by the laws of the Russian Federation.
9.1. While you are using the Application via a mobile application, the Administrator may use industry-wide technology called "cookies", which allows you to store certain information on your phone. Cookies allow automatic login to the application: registered users will be identified automatically. Most phones have the function of clearing cookies, blocking their reception or sending a notification every time such a file is saved. However, after blocking or deleting cookies, your online activities may be limited.
9.2. Cookies transmitted by the Administrator to the User's hardware and software can be used by the Administrator to provide personalized services, to send advertisements to the target audience, for statistical and research purposes, as well as to improve the quality of the Operator's services.
10. Term of the Offer. Termination procedure.
10.1. This Offer comes into force from the date of acceptance and is valid indefinitely, or terminated early in the cases and in the manner specified in clause 10.2 of this Offer. 10.2. This License Agreement may be terminated early: 10.2.1 by mutual agreement of the Parties.
10.2.2 on the initiative of the Administrator unilaterally out of court in case of violation by the User of the terms of this License Offer.
10.2.3. on the initiative of the Administrator unilaterally out of court in case of violation by the User of the copyright of third parties without returning any funds to the User (if they were paid).
10.2.4. at the initiative of the User unilaterally out of court, by sending a written notice of termination of the License Agreement and the removal of the Application (its components) from his device according to the details specified in section 14 of this Agreement. The license agreement is considered terminated after 5 (five) business days from the date of receipt of the User's notification by the Administrator.
11. Force majeure circumstances
11.1. The ground that relieves the Parties from liability is force majeure. Force majeure in the sense of this paragraph means the circumstances specified in paragraph 3 of Art. 401 of the Civil Code of the Russian Federation, including circumstances that have arisen against the will and wishes of the parties and which cannot be foreseen or avoided (force majeure circumstances), including declared or actual war, decisions and decrees of federal, regional and municipal authorities and administration, civil unrest, epidemics , blockade, citywide events related to the blocking of roads and streets, rallies, strikes, road accidents, traffic jams, embargoes, including abnormal natural conditions: ice, rain, snowfall, frost, flood, earthquake, etc. , fires and other natural disasters. 11.2. The parties affected by force majeure are obliged to immediately notify the other Party by phone / fax / e-mail / sms-notification / messenger about the occurrence, type, possible duration of force majeure and about which obligations it interferes with. 11.3. In the event of the occurrence of the above circumstances, confirmed by the timely notification of the other party, the fulfillment of obligations by the opposite party is shifted for the duration of these circumstances. In case of failure to notify, the Party subjected to the action of force majeure cannot in the future refer to the action of force majeure as a basis exempting it from liability.
12. Dispute Resolution
12.1. All disputes under this Offer are resolved through negotiations. The parties establish a mandatory pre-trial dispute settlement procedure. The User is obliged to send a claim to the Administrator to the email address specified in this Offer. The administrator responds to the claim within 30 (thirty) calendar days from the date of receipt of the claim.
12.2. If it is impossible to resolve possible disputes under this Offer, such disputes will be considered in court at the location of the Administrator, in accordance with the current legislation of the Russian Federation.
13. Other provisions
13.1. The User interacts with the Administrator only according to the data specified in this Offer.
13.2. Relations arising from this Offer are governed by the current legislation of the Russian Federation.
13.3. The User, independently and at his own expense, is fully responsible for causing damage to other Users / third parties in the event of an accident, violation of traffic rules, including parking rules and in other cases.
13.4. The Administrator is not responsible if the User (Contractor) provides the User (Customer) with a parking space in a prohibited or restricted parking space. Users are solely and at their own expense responsible for violations occurring on the way from the place of departure to the parking place, as well as during and as a result of parking.
14. Administrator's details
14.1. Complaints and wishes of Users about the quality of the Application are accepted by email: email@example.com .
15. Waiver of class action claims
15.1. By voluntarily accepting this Agreement, you agree that, to the full extent provided for by applicable law, claims or arbitration proceedings related to this Agreement are carried out solely on an individual basis, and no disputes based on class actions or in the form of representation on behalf of third parties are not considered.
Disputes cannot be combined without the written consent of all Parties. No decision or ruling by a court or arbitrator will prevail over questions or claims in any dispute with persons who are not the claimed parties to such arbitration.
This means the following:
1. You agree that you cannot bring a claim as a plaintiff or a participant in a class action, consolidated action, or representative action. 2. The parties agree that the arbitrator or the court cannot combine the claims of more than one person into a single claim, and also cannot carry out arbitration or claim proceedings of a consolidated, collective or representative nature (unless all parties agree to change this) ...
3. The parties agree that the decision or determination of the arbitrator or the court in the event of a claim by one person can affect only the person who brought this claim, but not other persons, and cannot be used to resolve other disputes with other players.
15.2. By visiting our site and downloading and using the iParkU application, you agree that the laws of your country of residence, without violating the principles of conflict of laws, are legally enforceable in relation to these Terms and any disagreement of any kind that may arise between us.