Dear visitors of the Site https://arwaytravel.com/, read the terms of the RULES OF USE OF THE SITE carefully, as they contain information about the mandatory conditions of use of the Site, in particular your rights and obligations, restrictions and exclusions, as well as clauses, which regulate the jurisdiction of disputes and remedies. If you do not speak the language of the RULES OF USE OF THE SITE, please contact an independent and professional translator, and if necessary to understand the content of the terms, contact an independent legal advisor. We inform you that your continued use of the Site is a conclusive confirmation of your understanding of the language, regulatory legislation and content of the RULES OF USE OF THE SITE.
RULES OF USE OF THE SITE
Date of publication of the Rules on the Site: January 01, 2025.
Place of conclusion: Kyiv
Site administration: TRAVEL COMPANY «ARWAY» Limited Liability Company, hereinafter referred to as the "Site Administration", offers each Visitor of the site, hereinafter referred to as the "User", a public offer of the rules for using the website https://arwaytravel.com/ on the Internet, the text of which, posted by the Site Administration on the Internet at https://arwaytravel.com/, namely, to use the Site under the following conditions (or in case of disagreement with the following conditions, to immediately stop using the Site).
1. TERMINOLOGY
In the text of the RULES OF USE OF THE SITE, the terms, in any singular and plural cases, are understood as follows:
1.1. "Site Administration" - TRAVEL COMPANY «ARWAY» Limited Liability Company (abbreviated name: TRAVEL COMPANY «ARWAY» LLC), contact e-mail address: sales@arwaytravel.com, tel. +971 (56) 980-80-33, as well as any other persons authorized to support the functioning, control and monitor the Site - acting on behalf and in the interests of TRAVEL COMPANY «ARWAY» LLC.
1.2. "Acceptance" is the full and unconditional acceptance (that is, familiarization and agreement) by the User of the terms of the public offer of the Administration, one of the ways provided for in clause 2.3. Agreement.
For Acceptance, it is sufficient to perform the conclusive actions reflected in clause 2.3. Rules Such actions are considered an electronic signature. In order to make changes to the erroneously sent acceptance of an offer to conclude an electronic contract (false acceptance), in particular in the case of an error in the User's entered data, it is necessary to send a justified message to the Site Administration with the User's identification to the email address sales@arwaytravel.com and/or call the number +971 (56) 980-80-33.
1.3. "Attack on the Site" - committing illegal actions against the Site aimed at obtaining confidential data, infecting with viruses, disabling software, etc., or creating such conditions under which access to the Site is impossible or difficult for conscientious Site Users.
1.4. "Database" - a complex of information (Information, Materials and other data) in computer files, an interface for accessing such data located at the network address https://arwaytravel.com/, as well as an information and reference system, which is software that provides the User with various opportunities for using the Site.
1.5. "Personal data base" is a set of information organized in electronic form that identifies the User, and is also stored and processed by appropriate software.
1.6. "Feedback" - informative text materials (comments) of the User, as well as personal data of the User, posted by him independently, in the appropriate form intended for leaving feedback on the Site. The User understands and agrees that the information that is the Feedback may be available to any third parties from the moment the Feedback is left, and the Site Administration is not responsible for the actions taken by third parties with the User's Feedback (their publication, public display, etc.).
1.7. "User data entry" (hereinafter also referred to as "Data entry" and/or "Data collection") is the process of reporting the User's Personal Data and Information to the Site, by entering them into appropriate forms, or for using other Site services.
1.8. "Agreement" and/or "Contract" and/or "Rules" - this term here and in the future means the electronic public agreement on the Rules of Use of the Site, set out in this document, at the link https://arwaytravel.com/, concluded between by the Site Administration and the User under the terms of the Public Offer at the time of the User's acceptance of its terms.
An integral part of the Rules is the Privacy and Personal Data Processing Policy, which is an Appendix to the Site Rules, and in the future, when the term "Contract" and/or "Agreement" and/or "Rules" is mentioned, it is considered that we are talking about including the Privacy Policy of the Site. The user agrees that if he does not agree with the terms of the Site Rules, he will immediately stop using the Site, as his further use of the Site will be agrees with all the terms of the Site Rules and is obliged to comply with them.
1.9. "Order" - the User's appeal to the Site Administration with a request to provide cargo transportation services, containing information about the set of services ordered by the User, information about the User and other data necessary for payment and calculation of the cost of services.
1.10. "Information" - Materials, Reviews, Personal data and other information that can be technologically placed in the Site Database.
1.11. "User" - any natural or legal person, or an individual entrepreneur, or an organization without the status of a legal entity, regardless of the form of ownership and country of residence, regardless of legal status, who use any of the functional capabilities (hereinafter also - "services") of the Site.
When using the Site, each User confirms and guarantees that he has the appropriate legal capacity and/or authority to perform a transaction in the form of acceptance of the terms of the Public Offer and/or a transaction for ordering cargo transportation services, in accordance with the personal law of the User's respective jurisdiction. If the person lacks the necessary legal capacity and/or authority to use the Site, he must stop using the Site or hire an authorized representative who can act in legal relations with the Site Administration on behalf of such a person.
1.12. "License" is the User's non-exclusive permission granted to the Site Administration to post Reviews and other Information at the time of their upload. The parties agreed that this Agreement, in the part regulating the procedure for granting a non-exclusive right (permit), is a license agreement.
1.13. "Materials" - any works, texts, graphic (photos, illustrations, graphics), video or audio objects protected by copyright and related rights, electronic (digital) information, documents (their electronic versions), software codes, text, information, data, messages, comments, images of marks for goods and services, utility models, industrial designs, inventions, trademarks (marks for goods and services), geographical indications, trade names, goodwill, messages, audiovisual works and their components /elements, as well as any other objects of intellectual property rights that can technically be placed on the Internet, as well as any other objects (parts thereof) of intellectual property rights as currently known, as well as those that will be known in the future.
1.14. "Respect on the Internet" and/or "Online Etiquette" - moral and formal rules of behavior and communication on the Internet, which prohibit such disrespect as (minimum) Spam, Flood, Flame, Offtopic, or the use of unethical, immoral language, defamation or dignity of the Site Administration, or other User(s), or third parties, interference in a person's personal life, restriction or violation of rights and/or freedoms, discrimination on any grounds, inaccurate information that damages business reputation, etc. Users are obliged to follow the rules of Respect on the Internet when using the Site.
1.15. "Spam" is a type of violation of Internet etiquette, which consists in the mass mailing of commercial, political and other advertisements that are not related to the Products and/or the subject of the Site.
1.16. "Flood" is a type of violation of Internet etiquette, consisting of gibberish and/or messages that occupy (in many cases) large volumes and do not carry any new or useful information.
1.17. "Flame" - a verbal war that has nothing to do with the original topic - one of the types of violation of Internet etiquette.
1.18. "Offtopic" - any message that goes beyond the predetermined topic of communication - is one of the types of violation of Network etiquette.
1.19. "Unapproved advertising" means the User's advertising, offering or promotion of any other goods/works/services, except for the services of the Site Administration, using the Site in the absence of prior written consent from the Site Administration.
1.20. "Personal data" means information or a set of information that identifies a natural person. Information identifying a person includes, in particular, but not exclusively, identification data (surname, first name, patronymic, etc.); contact data (address, telephone, e-mail address, etc.); consumption habits; financial information, ip-address (network identifier), etc., and for the purposes of this Site - data declared necessary in the appropriate form on the Site. Provision of Personal Data by the User is voluntary and is carried out at the discretion of the User, in cases where the User intends to use certain services of the Site and/or cooperate with the Site Administration.
1.21. "Policy of confidentiality and processing of personal data" and/or "Policy, Privacy Policy" - here and in the future - an integral part of the Site Rules (one whole with the Site Rules), posted at the link https://arwaytravel.com/ to which The user joins (i.e. concludes, as an agreement, and without any exceptions agrees to fulfill the conditions set forth in it), at the time of conclusion (Acceptance) of these Rules. The policy contains the terms of confidentiality of information posted by the Site Administration, the procedure for handling Cookies and the terms of processing Users' Personal Data.
All terms of the Rules, including Terms and definitions, apply, including in the Privacy Policy of the Site.
1.22. "Public offer" - offered by the Site Administration to any individual and/or legal entity, or an individual entrepreneur, or an organization without the status of a legal entity, regardless of the form of ownership and/or country of residence, the text of these Terms of Use of the Site, to enter into a public electronic Agreement with the Site Administration, set out here and published at https://arwaytravel.com/(including the one set out in the Privacy Policy Site, as in the integral application at the link {C}{C}), namely, all without exception of the conditions set out here, without conditions.
1.23. "Site" - a set of combined web pages, an internet site located at a specified network address - domain - https://arwaytravel.com/{C}{C} and other derivative web pages under its management/domain. The Site, as well as all its Materials (except for User Reviews, signs for goods and services (images)) belong to the Site Administration, as the legal owner. The site(s) contain hardware and software tools that provide users with information about the Goods, their characteristics (assortment, completeness, quality), cost, delivery, payment procedure, warranty service procedure, User Reviews, etc.
1.24. "Parties" - the User and the Site Administration, which concluded this Agreement.
1.25. "Services" - cargo transportation services, information about which is posted on the Site, for the purpose of their presentation and/or implementation to Users.
1.26. "Cookie files" and/or "Cookies" are small files with information about the Site, which are stored in the User's browser while visiting and using the Site.
2. SUBJECT AND PROCEDURE OF CONTRACT CONCLUSION
2.1. These Rules of the Site are considered a public electronic contract, according to which the Administration of the Site has provided the possibility of using the Site for Users, in the order and under the conditions defined by this Agreement, and the User fully and unquestionably agrees with the terms of the Rules, including the procedure for using the Site and its functionalities.
2.2. The Agreement is effective from the moment the User accepts the public offer in accordance with the procedure stipulated in Clause 2.3 of the Agreement, for the entire duration of the legal relationship between the Parties, unless otherwise specified in the Agreement.
At the same time, the conclusion of this Agreement is carried out by joining the User to the Rules, that is, by means of the User's acceptance of the terms of this Agreement (which contains all the essential terms of the agreement necessary for its conclusion), without any conditions, withdrawals and conditions, acceptance in general.
2.3. At least one of the following facts is considered to be acceptance in general and without any conditions/reservations/withdrawals of a valid Public Offer, that is, a full and unconditional acceptance of the Public Offer:
• is the use of the Site by the User (at least one of the Site's functionalities) and/or;
• is User Data Entry on the Site and/or
• is confirmation by the User of the Entered data in the forms (in particular, clicking the "Confirm" or "Send" button, etc.)
• another form of consent that identifies the User.
2.4. When using any of the Site's services, each User, without exception, undertakes to obey the rules and restrictions set forth in this public Joining Agreement.
2.5. The moment of Acceptance of a valid public offer, defined in clause 2.3., is considered the moment of concluding this electronic Agreement. The contract concluded by the User using the Public Offer Acceptance has legal force and is equivalent to the contract signed by the parties.
2.6. The User understands and agrees that the Site and/or the Site Administration is not responsible for cases where the User transfers his personal data to other sites, through which other services are provided on the Site that are not provided directly by the Site (hereinafter referred to as "Partner Sites"). The transfer of Information to such partner sites is not regulated by this Agreement and/or is not a legal relationship between the Parties. At the same time, receiving the information transferred to such Partner Sites by the Site is the subject of legal relations between the Site Administration and the authorized persons of the Partner Sites.
2.7. The Site Administration may make adjustments or amendments, supplement or in any other way change these Rules (Public Offer) without the need for prior and/or subsequent notice the User's opinion.
2.8. By making the Acceptance, the User gives his consent to amendments to the Agreement without receiving any special confirmation from the User and from the moment of publication of the Agreement in a new version (or information about changes) on the Site, he is considered to have been duly notified of the terms of the amendment to the Agreement.
3. TERMS OF PROVISION OF SERVICES
3.1. The parties understand and agree that the User's telephone conversation with an authorized person (employee and/or employee) of the Site Administration may be recorded and transferred to third parties for the purpose of processing it and forming/changing the order and/or for the purpose of collecting information about the quality of service, statistical data.
4. LIMITATION OF LIABILITY OF THE SITE ADMINISTRATION
4.1. The Administration of the Site bears no responsibility for any errors, grammatical/spelling or other errors, or inaccuracies that may be found in the Materials contained on the Site.
4.2. The terms and conditions of the offer of services posted on the Site may change, including after acceptance of the order for execution.
4.3. The Site Administration bears no responsibility for the statements and opinions of Site Users, left as Reviews, even if they violate the rights of third parties (including, but not limited to, intellectual property rights, personal rights) and/or their legitimate interests. The Site Administration cannot be forced to compensate damages for such Reviews. However, the Site Administration will try to delete User Reviews if they violate Internet etiquette and/or the rights or legitimate interests of third parties.
4.4. All Information and Materials on this Site are provided on an “as is” basis without any warranties, either express or implied.
4.5. The Administration is not responsible for the User's inability to fill out forms (questionnaires) on the Site and is not responsible (does not compensate for any losses or lost profits) for the User's inability to order services.
4.6. The Administration of the Site is not responsible for damage, losses or expenses (real or possible) arising in connection with this Site, its use or inability to use it, including not responsible for:
• Improper functioning of the Site, malfunctions in telecommunications, computer, electrical and other related systems;
• Actions or inaction of payment systems or other payment (banking) systems, as well as for delays related to their work;
• Delays or failures in the process of processing/registration/confirmation of the Order;
• For any violations or errors (including technical) in the operation of the Site;
• In cases of failure to ensure the security or confidentiality of the relevant Information, except for cases of intentional dissemination by the Site Administration of Information that the User has deemed confidential by notifying the Site Administration of this in writing;
• For restricting access to the User's Site;
• For causing damage, loss, loss of Information or for causing various other damage to persons that occurred when using the Site service, including loss of profit, customers or data and any other material losses incurred as a result of visiting the Site or the impossibility of visiting it, as well as due to excessive trust in any information directly or indirectly received on the Site from the User (s);
• If the User does not have the necessary technical means to use the Site.
4.7. The Site Administration is not responsible for the actions of the Partner Sites in relation to the Users, including the actions of the Partner Sites, in relation to the Personal Data of the Users, transferred to fulfill the User's Order or for another purpose;
4.8. The user understands and agrees that the Site Administration is not responsible for the disruption of work, or improper provision of services or other actions of the partner Sites. The user is obliged to always carefully and thoroughly read the rules of operation, conditions on tariffs and other rules of partner sites, including if their services are placed on the site.
4.9. In any case, the Site Administration does not compensate for lost profits.
4.10. Under any conditions, the amount of damages that may be paid to the User in connection with the violation of his rights (including when using the Site and/or in connection with the non-fulfillment of the Order and/or its improper fulfillment, other violations of the User's rights) is limited to the amount of 100 (one hundred) hryvnias.
5. TERMS OF USE OF THE SITE
5.1. In order to comply with the terms of these Rules and the Privacy Policy, the Site Administration has the right to delete Information and Reviews posted on the Site, as well as take other technical and/or legal measures to terminate access to the Site of Users who violate the terms of these Rules and/or create obstacles for other Users in using the Site.
5.2. The Site Administration may provide Site services and/or ensure the fulfillment of User Orders (including ensuring their execution, or payment for the Goods, or its delivery) through any agent and/or intermediary that has agreements with the Administration of the Site. The user does not have the right to demand the personal provision of services by the Site Administration, if such services are provided by persons engaged by it.
5.3. After the User goes to the Partner Sites and/or through any other links to the websites of third parties, the Site Administration is released from responsibility for any actions on these sites, including illegal actions with the User's Information or Personal Data, which were provided by him using such sites. The actions of Users in relation to partner Sites, as well as the legal relationship between the User and partner Sites, cannot bind the Site Administration and/or be the subject of claims by the Site Administration.
5.4. All agreements/agreements/agreements/contracts/deeds concluded between the User and partner Sites (their authorized persons) and/or between Users and any third parties cannot bind the Site Administration.
5.5. A mandatory condition for the Site Administration to allow the User to use the Site is the User's unquestionable acceptance and compliance with the requirements and provisions of the Rules. Thus, in case of violation of one or more terms of the Agreement by the User, the Site Administration has the right, without the need for any warnings and/or compensations and/or compensations, to terminate or suspend the provision of Services and/or the User's access to the Site (Ban) both temporarily and permanently.
5.6. The parties also acknowledge that the Site Administration declares and retains the rights provided for by the legislation on copyright (related or industrial) rights and any benefit from its own Information and Materials, including the design / graphics / logo / filling / banner / sign or appearance of the Site as such. This Agreement does not apply to any transfer of ownership of any Information belonging to the Site Administration or related Materials or the Site (its elements).
5.7. The user has no right to use the domain name on which the Site is hosted without the permission of the right holders.
5.8. Each of the Parties acknowledges that under this Agreement, the User is granted only a limited right to use the Information, Site Materials belonging to the Site Administration, and the User does not claim any rights, ownership claims or interests regarding the Site Administration Information, and in case of violation of the rights of the Site Administration, shall bear responsibility. The Administration of the Site also does NOT grant permission to Users to process personal data of its employees, under any conditions, except for the purposes of the necessary legitimate and legal use of the Site for its intended purpose.
5.9. The parties acknowledge that the functioning of the Site, partially or completely, may be terminated by the Site Administration at any time without the need to warn/notify the Users and without the need to justify the reasons. At the same time, the Site Administration deletes all User Information and Materials within a reasonable period of time.
6. POSTING OF INFORMATION BY THE USER. FEEDBACK
6.1. The User guarantees that all this Information posted on the Site does not and will not violate anyone's rights (including personal non-property rights, copyright and/or related rights, as well as other property and non-property rights of subjects of intellectual property rights) their legitimate interests or Respect on the Internet.
6.2. The User is allowed to post on the Site, and the User guarantees that he will post, only that Information and/or Reviews that:
• do not violate any law, regulation or regulatory act;
• do not contain profanity and/or offensive expressions;
• is not slander, trade defamation;
• do not contain illegal threats or facts of harassment;
• are not obscene or immoral;
• do not encourage violence and hatred against a person or group of persons, or cruelty to animals;
• do not encourage the use of drugs;
• do not violate any laws governing unfair competition, anti-discrimination or false advertising;
• do not violate the rules of Network Ethics or the terms of this Agreement.
6.3. In the event that the Site Administration has a reasonable suspicion that the User's Information does not meet the requirements set for it by the Rules (hereinafter also referred to as "Improper Information"), the Site Administration has the right, without the need to obtain any special confirmation from the User, and without compensation losses, expenses or lost profit to the User, as well as without the need for prior and/or subsequent notice to the User or explanations, to perform one or more of the following actions:
• delete such Inappropriate User Information (in particular, his Feedback);
• terminate the Agreement with the User, followed by deletion of all User Information (its Content or Materials);
• restrict the access of other Users to the User's Inappropriate Information (his Feedback);
• demand compensation for damages (including lost profit) and other expenses that were necessary to stop the violation, restore the violated rights of the Site Administration;
• temporarily or indefinitely restrict the User's access access to the Site (Ban);
• apply any legal or non-legislative enforcement measures, operational sanctions, etc.;
• take other actions aimed at protecting, preventing or stopping the violation and/or restoration of one's rights and legitimate interests.
6.4. In the event that the Site Administration receives a request from other persons to remove Feedback (or other User Information) from the Site, as a result of violation of their rights, such Feedback (Information) may be deleted by the Site Administration without the need for prior or subsequent notification of the User who placed such on the Site - until the moment bringing such User to the notice of the Site Administration, by sending a statement to the email address sales@arwaytravel.com, of the illegality of the removal and the demands of the person who claimed the violation of his rights.
6.5. Upon receipt of claims/statements from individuals about the violation of their rights and/or legitimate interests as a result of posting Feedback/Information by the User, the Site Administration may forward the claim to the relevant User who posted the Feedback/Information (and the latter is obliged to satisfy the legal requirements of such a claim) and/ or the Site Administration has the right to demand compensation for damages (including lost profit), as well as other costs incurred by the Site Administration as a result of the presentation of such claims by persons regarding Feedback/Information from such User (and the latter is obliged to satisfy such demands of the Site Administration).
6.6. The User understands that by posting Feedback/Information for public information on the Site, he expressly confirms the absence of the need for the Site Administration to ensure the confidentiality of such Information or such Feedback on the Site. The Site is not a guarantor of the correctness, accuracy, detail or completeness of the Information posted on the Site by third parties or Users.
6.7. The Site Administration has the right to check the User's Information and/or Reviews for compliance with the requirements of the current legislation.
6.8. The User's information that he adds to the Site may be displayed on the Site with a delay of several minutes to several working days. The Site Administration reserves the right not to display and/or delete User information that violates the terms of this Agreement and/or the rights of third parties, without the need to warn/notify about such deletion of Information.
6.9. In the event that the User's Feedback violates the rights or legitimate interests of the Site Administration (persons related to it) and/or damages the business reputation or damages the property or non-property interests of the Site Administration and/or violates the rules of Network Etiquette, in particular, but not exclusively contains Spam, Flood, Flame, Offtopic or Unapproved advertising - the Site Administration has the right, without the need for any notification from the User or obtaining the User's permission, to delete the Feedback without saving its content. Users understand and agree that the Site Administration does not indemnify any damages for the removal of Reviews and/or User Bans carried out in accordance with the terms of these Rules.
6.10. The user cannot make changes to an already posted Feedback. It is possible to delete the Feedback posted by the User by sending the Site Administration, to the email address sales@arwaytravel.com, a letter from the User with the obligatory use of the email indicated by him when leaving the Feedback, with a clear indication of the User's data and the Feedback that the User wishes to delete.
6.11. At the request of law enforcement authorities authorized to do so, as well as in other cases provided for by the legislation, the Site Administration has the right to immediately and in a short time provide all and/or any necessary Information (within technical capabilities). By accepting the Acceptance, the User also gives the Site Administration consent to the disclosure of information that is personal data and/or constitutes confidential information and/or trade secrets, which are related to the conclusion and performance of this Agreement, upon the requests (requirements) of authorized state bodies/ local self-government bodies. Providing such information to third parties will be considered as providing information with the written permission of its owner.
7. LICENSE
7.1. By posting Information (Materials, Reviews) on the Site, the User grants the Site Administration a non-exclusive License, free of royalties (and any other payments due to authors and other subjects of law) for all Information (or its parts) subject to intellectual property rights intellectual property) (hereinafter - "License").
7.2. The license is granted by the User at the time of downloading and/or other transmission of Information to the Site Administration. The license is granted to the Administration of the Site on a worldwide basis (not limited to the territory of any country) and for a period equal to the period of validity of the legally established term of protection for a specific object, the use of which is granted permission.
7.3. Ways of using the Information (or its part), which are allowed under the License, are the right to reproduce, publicly performance and public notification, public demonstration and public display, including on the Internet, translations, adaptations, arrangements and other similar changes, inclusion as constituent parts of composite works, distribution, alienation, presentation to the public, alienation and others, provided by the Civil Code or other legislative acts in the field of intellectual property, powers (methods) necessary for the operation of the Site.
7.4. The User guarantees that he has all the rights, powers and grounds necessary to grant such a License, and in case of violation of this guarantee, the User independently settles claims and/or compensates the Site Administration for losses arising from the User's violation of this guarantee.
7.5. The Parties understand and confirm that this Agreement is also a License Agreement and that the Parties have agreed to all of its material terms.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Site Administration, in addition to other duties defined by these Rules, is obliged to:
• properly and fully fulfill all their obligations under these Rules;
• according to the written Application for termination of copyright infringement (related rights) submitted to the email address: sales@arwaytravel.com, as well as by registered mail to the addresses specified in the details of the Site Administration, to respond appropriately to violations of Users' rights;
• perform other duties of the Site Administration.
8.2. The Site Administration, in addition to other rights stipulated by the Site Rules, has the right to:
• Prohibit access to the Site (Ban) in case the User violates the requirements, the Site Rules (or the Privacy Policy, which is an integral appendix to the Site Rules), as well as in the case of the User's withdrawal of consent to the processing of his personal data.
• To request and receive documents from the User, to check the information provided in them in any cases, if the Site Administration has reasons to believe that the User is violating the terms of these Rules and/or the rights of third parties are being violated - and until such time as these are provided, to suspend execution Order or activity of some services of the Site.
• In order to improve the Site, delete, enter, change the names and placement of headings without the need for prior or subsequent notice to the Users.
• Engage third parties to fulfill the Site's functionality or obligations under the concluded sales contract.
• Demand compliance by Users of the rules of Network Etiquette, and in case of violation of Network Etiquette (Spam, Flood, Flame, Offtopic, Unapproved advertising, etc.), prohibit the User from accessing the Site both completely and to certain of its functionalities, both on a permanent basis and and temporarily.
• Terminate the operation of the Site, both completely and partially, without the need to warn the User (s).
• other rights provided for by the Agreement.
8.3. The user, in addition to other obligations defined by these Rules, is obliged to:
• To provide the Site Administration with reliable, up-to-date and valid Information in accordance with the requirements of this Agreement. Ensure the reliability of the information contained in the provided Information (or its parts) and their compliance with other requirements of the law and this Agreement.
• At the request of the Site Administration, provide it with documents if the Site Administration has reasons to believe that the User violates the terms of these Rules and/or the rights of third parties are violated.
• Determine the User's person responsible for making working contacts with the Site Administration and provide their data to the Site Administration, if the User is a legal entity (or enterprise/institution/organization) and/or a person with incomplete civil legal capacity. The parties agreed that the correspondence of responsible persons by means of facsimile or electronic communication has the force of documents drawn up in a simple written form.
• To ensure the authenticity and propriety of personal data, information about the User, contact information of the User and other data or Information posted on the Site by the User. In the event of a change to the above-listed Information, the User shall immediately notify/bring it into line with current data. Actions / warnings / requests made by the Site Administration using the Information provided by the User (even in the presence of its inaccuracy) are considered to have been made properly, and in accordance with the terms of this Agreement may create / change / terminate the legal relationship of the Parties.
• When using the Site, it is mandatory to follow the rules of Network Etiquette and not allow violations of Network Etiquette.
• Do not use the e-mail address of the Site Administration or telephone number or other details for spamming, advertising mailings, flooding or other violations of information privacy or Network etiquette.
• Do not use in any way Materials and/or Information (in particular, but not exclusively: any elements of the Site, whether works, illustrations, photographs, layouts, designs, signs for goods and services (their images), program codes, texts and content of documents, the text of these Rules, any other objects of intellectual property rights, Information of other Users) placed on the Site, except when using the Site for your own, private purposes in order to familiarize yourself with the Products and the activities of the Site Administration;
• Do not attack sites.
• Perform other duties established by the legislation.
8.4. The user, in addition to other rights provided by the Site Rules, has the right to:
• Use the Site service in accordance with the terms of these Rules.
• Contact the Administration of the Site using the e-mail contact details and/or telephone numbers posted on the Site regarding the provision of additional information about cargo transportation services, the methods and procedure of cargo delivery, the payment procedure, and other issues necessary for the User to place an order for services or use of the Site.
• Make suggestions for improving the Site's functionality and other capabilities.
• Send statements/appeals regarding the operation of the Site provided for by these Rules and/or legislation to the e-mail address sales@arwaytravel.com.
• other rights provided for by the Rules.
8.5. The Administration of the Site guarantees the elimination of any failures and errors, in case of their occurrence on the Site https://arwaytravel.com/{C}{C}, in a reasonable time, taking into account the technical possibility.
8.6. With the exception of the guarantees expressly stated in these Rules, the Site Administration does not provide any other direct or indirect guarantees. The term Guarantee(s), in this Agreement, should not be understood as a means of ensuring the fulfillment of an obligation - a guarantee, which is a bank guarantee, but is understood as an obligation of the Party to comply with the specified relevant conditions during the term of validity of the Rules.
8.7. The user guarantees that there are no legal or other restrictions that prevent him from joining the Rules, including (but not limited to this) guarantees:
• that the Information provided to the Site Administration (including personal data) is legal, complete and reliable, corresponds to reality;
• that the User is the legal owner of the Information provided by him and the owner of all rights to dispose of and use it (and/or has all the necessary powers), and also has the right to enter into this Agreement, which does not violate any rights of third parties, and also, does not harm third parties in any way;
• that the Information, Materials (or their parts) provided by him fully comply with the legislation of the country on the territory of which it is distributed, including the use by the Site Administration of the Information, Materials, Content (or their parts) provided, within the scope of fulfilling the obligations under the Agreement does not violate the requirements of the legislation;
• that the User guarantees the use of the Site in full compliance with the terms of this Agreement.
9. RESPONSIBILITY OF THE PARTIES
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of the obligations assumed under the Agreement in accordance with the current legislation.
9.2. The responsibility of the Site Administration according to the Site Rules is in any case limited to compensation for documented damages caused to the User in an amount not exceeding UAH 100.00 (One hundred UAH 00 kopecks).
9.3. In case of violation by the User of any of the provisions of the Rules and/or non-fulfillment or improper fulfillment by the User of any of the User's obligations or his guarantees provided for in the clauses of the Rules, the User undertakes immediately at the request of the Site Administration to stop the violation of the Agreement, to bring the previous state of the legal relationship of the Parties, as well as to compensate for all losses (including lost profit) and all costs (including legal aid costs, costs incurred due to the need to bring the Site (its part) to the previous state) that occurred as a result of non-performance and/or non-compliance and/or violation by the User of the terms of the Agreement within 10 (ten) banking days from the day the Site Administration issues the corresponding claim.
9.4. In case of violation by the User of the terms of these Rules, which led to documented losses of the Site Administration and/or in case of use of the Site Materials without the permission of the Site Administration or the right of the owners of such Materials, the Site Administration has the right to additionally demand payment of a penalty in the amount of 1000.00 (thousand) UAH for each fact of such violation of the terms of the Rules by the User.
9.5. Provided in clauses 9.3., 9.4. According to the Rules, measures to ensure the fulfillment of obligations are not exclusive and can be applied together with other ways of protecting one's rights or interests (operational economic sanctions) in addition, in particular but not exclusively together with the listed ones. At the same time, the User will not make any claims regarding the adequacy of the method during the defense protection of the rights of the Site Administration.
9.6. The place of providing the services of the Site is UAE (the location of the appropriate equipment necessary for storing information). Any dispute arising out of or in connection with this Agreement, including any question regarding its validity or termination, must be resolved by the courts of UAE under UAE law.
9.7. Neither the existence of a dispute or claim, nor the fact that the court is pending, exempts any of the Parties from fulfilling their obligations under this Agreement.
10. FORCE MAJEURE
10.1. The parties are released from responsibility for partial or complete non-fulfillment of obligations under the contract, if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the contract as a result of extraordinary events that the parties could neither foresee nor prevent with reasonable measures. Such extraordinary events include: flood, fire, earthquake, explosion, subsidence, epidemics and other natural phenomena, as well as war or hostilities, strike in the industry or region, decisions of state authorities/local governments or technical failures that caused impossibility of performance of this Agreement.
10.2. In the event of the occurrence and termination of force majeure, the Party under the Agreement, for which the circumstances of the impossibility of fulfilling its obligations have arisen, must notify the other Party in writing within 20 (twenty) calendar days and confirm the existence of such circumstances with a certificate issued by the Chamber of Commerce and Industry or another competent body or person. A notice on the Site, in a publicly available form, is a proper confirmation and notification of force majeure that makes it impossible for the Site Administration to fulfill its obligations.
10.3. In the absence of timely notification, the Party for whom the specified circumstances make it impossible to fulfill its obligations does not have the right to refer to the specified circumstances as a basis for exemption from liability.
10.4. In the event of force majeure circumstances, the deadline for fulfilling the obligations under the Agreement is postponed in accordance with the time during which such circumstances and their consequences are in effect.
10.5. If the circumstances provided for in this article last for more than 3 (three) months, the Parties must agree on the further fate of the Agreement.
11. TERM OF EFFECTIVENESS, CHANGE AND TERMINATION OF THE RULES
11.1. The Rules enter into force from the moment of Acceptance by the User of a valid Public Offer and are valid until the moment of its termination and/or complete and final termination of the Site.
11.2. This Agreement may be terminated by the Site Administration unilaterally. At the same time, the User acknowledges and agrees that in the event of termination of the Agreement, the Site Administration may delete part or all of the Information uploaded by the User, as well as block his access to the Site.
11.3. In the event of technical impossibility or impracticality of deleting certain Information regarding the User, the Parties have agreed that with regard to such Information, in particular, but not exclusively, in terms of the validity and term of the License for such Information, as well as, in terms of personal data, this Agreement continues to apply until the full fulfillment by the Parties of their obligations, if other terms are not stipulated by the Agreement itself.
11.4. In the event that the Site Administration leaves to the User, the Agreement with which the validity of the Agreement has been terminated, his right to use the Site, such User, at the moment of his first, after the termination of the Agreement, using the Site again is considered to have accepted the Acceptance and concluded the Agreement anew.
11.5. In case of violation by the User of the relevant terms of the Agreement, notification by the Site Administration of the User about partial or complete refusal of the Site Administration to perform the Agreement is not required.
11.6. None of the provisions of this Agreement shall interpret any of the Parties as a representative (agent), partner or employee of the other Party, and none of the Parties may represent itself as such in the performance of this Agreement or any related actions, unless otherwise not stipulated by the agreements of the Parties.
11.7. The conclusion of this Agreement means that the User confirms his consent to the transfer by the Site Administration of his confidential information to any third parties in the event of the need to collect from the User debts, contractual penalties, legal interest, damages, interest for the use of other people's money and other money, regardless of type of contract concluded with such third parties; as well as to any third parties whose involvement is necessary to fulfill the obligations under the Agreement.
11.8. The obligations of the Parties under the Agreement, which due to their nature must continue to apply, remain in force after the expiration of the Rules until their full implementation.
12. FINAL PROVISIONS
12.1. The rules, their conclusion and implementation are governed by the current legislation. All issues not regulated by the Rules or not fully regulated are regulated.
12.2. All messages and other documents under the Agreement are sent to the addresses specified when entering the User's data. Information and other documents in writing in physical form, when their direct delivery is required, are sent either by registered mail or courier service, or by fax, or by e-mail to/at the specified (-User number(s) / e-mail address(s). Notification to the Site Administration, are always additionally sent to the contact email address: sales@arwaytravel.com.
12.3. The user understands and agrees that the response to his requests or claims is provided exclusively during the working days and hours of the Site Administration. The term for consideration of claims is up to 30 days, and if there are reasons, it can be extended by the Site Administration with the User's notice.
12.4. The User gives permission to the Site Administration, and agrees by accepting these Rules, to receive informational electronic messages to the email address and/or messengers (Viber, Whatsapp, Telegram, etc.) or phone numbers specified when entering the User's data or during the execution of the Agreement (further – "Notice") under the following conditions.
• The Administration may use Notifications to inform the User about the progress of the concluded cargo transportation contract, its change or early termination, or about the Site Rules.
• The Administration may use Notifications to inform the User about new opportunities, services, promotions, special offers, other news of the Site (Partner Sites) and news regarding the activities of the Site Administration, both advertising and other in nature - with the User's right to refuse the mailing, by specified in the letters of the Site Administration, or by contacting the e-mail address sales@arwaytravel.com, with a clear indication of personal identification data and specified means of communication, for which it is necessary to stop sending Messages.
12.5. If any of the provisions of this Agreement is found to be invalid, the legality/validity of the rest of its provisions shall not be lost.
12.6. The "POLICY OF CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA" is an integral appendix to these Rules, which the User should familiarize himself with.
The use of details of the Site Administration for advertising mailings without the permission of the Site Administration is prohibited.
This RULES OF USE OF THE SITE has been translated from Ukrainian to English. In case of discrepancies between the translations, the Cookie Policy in the Ukrainian language takes precedence.