The present User Agreement of the Website www.megasos.com (hereinafter „Agreement“) has been devised in accordance with the applicable legislation and is aimed at regulating the conditions of use of the Website www.megasos.com, specifying mutual rights and obligations of the Website and its Users, conditions and grounds of their liability as well as grounds for liability disclaimer.
The present Agreement is a public offer and is addressed to an unlimited number of fully legally capable physical persons, legal persons and individual entrepreneurs.
The unconditional acceptance of the present Agreement is understood as the performance by the User of actual (implicative) action to accept the terms of the Agreement, in particular the User‘s registration on the Website by filling out the registration form and the use of the Website in accordance with its main designation (functionality) described within the present User Agreement.
1. TERMS USED IN THE AGREEMENT
1.1. For the purposes of the present Agreement, the following terms are used in the following meaning:
- 1.1.1. Website – the result of intellectual activity which constitutes a piece of compiled work located in the information and telecommunications network (the Internet) at a certain network address, and includes computer programs (software) to ensure its technical operation, graphical solution (design), and content, namely textual data, photographic images, pictures, videos, etc. Within the present Agreement, Website is understood as a website located in the Internet under the domain name (address) megasos.com, as well as its derivatives.
- 1.1.2. Website Administration – MegaSOS, Ltd. who possesses the rights to own, use and manage the Website specified in paragraph 1.1.1. of the present User Agreement, and grants it to Users for their use.
- 1.1.3. User – the Driver or Company
- 1.1.4. Driver – any physical person (citizen) who has reached the age of 13 years, acting in their own interest, who has registered on the Website by filling out the registration form (entering relevant information) in order to: a) discuss and / or post information related to automotive topics, and / or b) receive assistance in critical situations on the road stated within the present User Agreement, and / or c) provide assistance in critical situations on the road stated within the present User Agreement.
- 1.1.5. Company – a legal entity / its authorized representative or an individual entrepreneur / their authorized representative, who has registered on the Website by filling out the registration form (entering relevant information) in order to provide paid assistance to Drivers related to Drivers’ operation (use) of vehicles (cars), including critical situations that happened to a particular Driver. Under the present Agreement, Companies are understood as the said subjects who, in particular, provide such services as evacuation, repairs (service centre), travel assistance, etc.
- 1.1.6. Critical situation on the road – situations involving any deficiencies in the operation of vehicle (car) used by the Driver, including vehicle breakdown, lack of gasoline (fuel), etc.
- 1.1.7. GPS location of the Driver – the actual location of the vehicle (car) used by the Driver reflected on a map on the Website, the information of which is necessary, especially in a critical situation involving the car driven by the Driver.
- 1.1.8. E-mail – special technology that allows sending and receiving e-mails, letters, files, documents, etc. through the Internet.
- 1.1.9. Profile – special virtual space on the Website given to the User upon registration, containing certain information about the User, which is needed for the use of the Website in accordance with its intended purpose. 1.2. The present User Agreement may contain terms not defined in paragraph 1.1. of the present Agreement. In these cases the interpretation of the terms will be in accordance with the text and the meaning of the present Agreement. In cases when there is no clear interpretation of a term in the text of the present Agreement, the interpretation thereof will be performed in the following order: in the first place by the specifications on the Website listed in paragraph 1.1.1. of the present Agreement, in the second place in accordance with applicable law.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of the present Agreement is to define the general terms and conditions of use of the Website specified in paragraph 1.1.1. of the present Agreement, to establish the basic rights and obligations of Users and the Website Administration as well as sanctions for the breach of the terms of the present Agreement.
- 2.3.1. Publication and placement on the Website of the information to be discussed by Users, such as problems of vehicle (car) operation or other matters related to the operation (use) of vehicles (cars) by Drivers, in particular featured in the „Repairs“ section.
- 2.3.2. Providing Drivers an opportunity to publish (place) a request for assistance related to the emergence of a critical situation on the road, in particular featured in the „SOS“ section.
- 2.3.3. Providing Drivers an opportunity to publish (place) their offers of assistance to another Driver related to the emergence of a critical situation, in particular featured in the „SOS“ section.
- 2.3.4. Providing Companies an opportunity to publish (place) on the Website their offers of assistance to a Driver related to the emergence of a critical situation, in particular featured in the „SOS“ section.
- 2.3.5. Providing Companies an opportunity to publish (place) on the Website their offers of assistance to Drivers related to eliminate any deficiencies in the operation of vehicles (cars), in particular featured in the „Repairs“ section. 2.4. Website Administration is not involved in establishing the conditions of assistance to a Driver in critical situation, such as setting a term for providing such assistance or determining costs and other conditions of its providing. The relevant conditions are agreed upon directly by Drivers and Companies without the participation of the Website Administration.
2.2. Website Administration grants Users the use of the Website under the terms defined within the present User Agreement in accordance with the intended purpose (thematic scope) of the Website.
2.3. The main thematic scope of the Website is information and advertisement:
2.5. Granting Users the use of the Website is carried out by the Website Administration on a free basis (at no cost), unless determined otherwise at a decision taken at the sole discretion of the Website Administration.
3. USER REGISTRATION, ACCOUNT AND PERSONAL DATA
3.1. Use of the Website is permitted only to subjects who have completed their registration on the Website by filling out the registration form on the Website.
3.2. Website Administration determines the information required for User registration on the Website at its entire and absolute discretion.
3.3. During registration on the Website and its use, as well as on request, Users shall specify and provide Website Administration with complete and accurate information (including account information), in particular about their name, last name, middle name, date of birth, address, sex, e-mail, phone number, company name and details (TIN, PSRN, RRC), etc.
3.4. Companies operating on the Website agree to provide the Website Administration with documents (licenses, certificates, permits, etc.) to prove their right to the provision of certain services / works, offers of which they place on the Website for Drivers.
3.5. Registration on the Website on behalf of another person without proper authorization is not allowed.
3.6. User hereby acknowledges and agrees that the publication of their information, including personal data, on the Website is carried out on their own behalf, voluntarily, and at their sole discretion.
3.7. User hereby consents to the processing of their personal data in accordance with the provisions of the applicable legislation and to the reflection of their data in their account, and confirms their consent to the fact that the data will be generally available to third parties. The Website Administration has the right to use the personal data for the purposes of the execution of the present Agreement in accordance with the terms of the current legislation on personal data.
3.8. User hereby agrees to receive various newsletters by means of SMS, e-mail and other forms of sending and receiving information from the Website Administration.
3.9. Driver hereby consents to the reflection of their GPS position on the Website.
3.10. Website Administration has the right to use the name (nickname) chosen by the User at its own discretion, including deleting and modifying it at the presentation of valid claims by third parties, and / or transfer the right to use the name (nickname) to other individuals.
3.11. Website Administration has the right to use, and the User gives it their appropriate consent (permission) to use the information contained on the Website, including relevant discussion topics, photos, videos and other information uploaded by the User to the Website. Ways of use of this information, including the possibility of its publication on other websites, are determined by the Website Administration at its sole discretion, without prior notice to the appropriate User.
4. AUTHORITY OF USERS
4.1. For a full and more effective use of the Website, its Administration gives Users the authority stated in paragraphs 4.2. and 4.3. of the present Agreement.
- - publish and place text information in the „Repairs“ section to discuss a particular problem or question pertaining to the operation of vehicle (car), including the possibility to specify the model of the car and its location as well as to determine the list of people authorized to see this information;
- - publish and place text information in the „SOS“ section in order to obtain assistance in the event of critical road situations, including the possibility to specify the model of the car and its location as well as to determine the list of people authorized to see this information;
- - show their GPS location;
- - upload to the Website photos and videos both in the „Repairs“ section and in the „SOS“ section. Driver hereby ensures that by posting photos and videos they do not violate the rights of third parties to the relevant objects, including intellectual (property) rights. Driver hereby gives Website Administration the right to use their uploaded photos and videos in any acceptable way without restriction, including after the removal of these materials from the Website;
- - upload their image (photo) to their Profile;
- - add to their profile: other Drivers in the „Friends“ group; Companies in the „Selected Companies“ group;
- - publish information about themselves, including e-mail, phone number, particularly for communication in critical situations on the road.
- - read (familiarize themselves with) the feed (questions and answers) of the people added to the „Friends“ group;
- - add cars to the section „Garage“ of their own profile, including the upload of the images of these vehicles. 4.3. Company has the right:
- - offer Drivers its services aimed at correcting deficiencies in the operation of vehicles (cars), including car service, particularly in the „Repairs“ section of the Website. Relevant offers from Companies are hidden and are only available to Drivers who are authors of a particular topic in the „Repairs“ section.
- - offer Drivers its assistance in the event of a critical situation on the road by negotiating the specific conditions for the provision of appropriate assistance directly with the Driver, including terms, prices and other conditions as agreed between the Driver and the Company.
- - place in its profile the information of its services, location, and contact details.
- - Company employees have the right to register their own accounts (profiles) as Drivers on the Website for personal use, without any commercial offers and advertising of the services of the respective Company.
4.2. Driver has the right to:
5. RESTRICTIONS FOR USERS
5.1. User may not:
- 5.1.1. Publish information, including comments, notes, explanations, questions, answers, requests, etc., which violates any applicable laws, in particular the information which contains threats and insults and discredits others, violates the rights of citizens to privacy or public order; information containing obscene and offensive words and expressions, infringing to some extent honour and dignity, rights and lawful interests of other people, promoting or containing incitement to religious, racial or ethnic hatred, and containing attempts of incitement to violence.
- 5.1.2. During registration, in their account, or at the request of Website Administration state inaccurate information about themselves, including uploading a false image (photo) in the Driver’s Profile.
- 5.1.3. Spread or arrange for the spreading on the Website of malicious computer programs and files (such as viruses, Trojans, ‚time bombs‘, ‚worms‘ or any other programs which can cause harm or lead to the deletion of information on the Website).
- 5.1.4. Upload to the sections of the Website any photo and video materials violating the intellectual (property) rights of third parties.
- 5.1.5. Carry out distribution / publishing of spam or other undesirable (unauthorized) information.
- 5.1.6. Search for, collect and organize data of other Users through the use of computer programs (‚bots‘) without the permission from the Website Administration.
- 5.1.7. Attempt to gain unauthorized access to accounts of other Users or seize information about their passwords.
- 5.1.8. Register on the Website more than once.
- 5.1.9. Grant access to their account to third parties.
- 5.1.10. Violate the rights of other Users in terms of the use of the Website.
- 5.1.11. Publish on the Website pornographic materials and links to Internet sites containing such material. 5.2. In the event of violation by User of the provisions stipulated in paragraph 5.1. of the present Agreement, Website Administration has the right to apply to the User measures stated in paragraph 6.2. of the present Agreement, and to demand compensation for all losses incurred due to the non-compliance with these restrictions.
6.1. For violation of the conditions set forth in the present User Agreement, User and Website Administration shall be liable in accordance with applicable law.
- - block User's access to their account for a specified period of time or for an indefinite period of time;
- - revoke (cancel) User's account;
- - limit the scope of the possible use of the Website by User for a fixed period of time or for an indefinite period of time. 6.3. Website Administration is not responsible for any losses and expenses incurred by the User in connection with the use of the Website, such as:
- - losses and expenses caused by using the information posted on the Website.
- - losses and expenses caused by unauthorized access to User’s account of third parties, including other Users. 6.4. Website Administration is not responsible for expenses, loss or other damages caused to the User in connection with advertising, banner ads and contextual ads links to which are available on the Website. User agrees not to file any claims with the Website Administration for such expenses, loss and other damages, and claims filed are subject to rejection. 6.5. Website Administration is not responsible for any errors and interruptions in the Website operation and the resulting loss of information.
6.2. For violation of the present Agreement Website Administration has the right to apply to User the following measures:
6.6. Website Administration will not take part in the resolution of conflicts that may arise between Drivers and Companies. Administration is not responsible for the failure to render assistance or improper services / works aimed at elimination of defects occurred during vehicle (car) operation (use).
6.7. Website Administration has the right to unilaterally, without giving any reason or prior notice to Users, delete information, photos and videos posted by them on the Website, including cases where certain information violates the rights and legitimate interests of third parties, provisions of law and other regulations, and the provisions of the present Agreement.
6.8. MegaSOS is a trademark belonging to the company MegaSOS, Ltd. In case of violation of MegaSOS, Ltd.‘s intellectual property rights to the mentioned trademark Users will be held responsible in accordance with applicable law, including international law.
7. DISPUTE SETTLEMENT PROCEDURE
7.1. Website Administration and User have hereby agreed on a pre-trial claim procedure to settle differences and disputes arising from the present Agreement. The term for filing a response to a claim raised is 10 (ten) business days from the date of receipt.
7.2. In the case of failure to reach agreement on disputed issues, the dispute arising from the present Agreement shall be subject to consideration in a judicial procedure in accordance with applicable law in an arbitration court / district court / magistrate’s court in accordance with its jurisdiction at the location of Website Administration.
8. PERIOD OF EFFECT OF USER AGREEMENT
8.1. The present User Agreement shall be effective upon its posting on the Internet on the Website specified in paragraph 1.1.1. of the present Agreement.
8.2. The present User Agreement has been concluded for an indefinite period of time and becomes invalid after its cancellation by Website Administration.
8.3. In case of introducing changes to User Agreement, these changes shall be effective upon publication of a revised version of User Agreement on the Website, unless another term for these changes to come into effect has been defined at their publication.
8.4. User undertakes to monitor changes in the provisions of the present User Agreement and is responsible for any negative consequences of non-compliance with this duty.
8.5. In case of User’s disagreement with certain changes User shall stop using the Website. If they do not do so, their continued use of the Website shall mean that the User agrees to the terms of the Agreement as amended.
8.6. Current version of the User Agreement is published on the Website at: megasos.com/pages/agreement/
8.7. The present Agreement has been drawn up in the Russian language. In the event of any discrepancy between the Russian language version of the Agreement and the version translated into another language, provisions of the Russian language version of the Agreement will have priority and will be subject to direct application.