1. GENERAL

1.1. When starting to use the Service, the User shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Service.

1.2. The Company reserves the right to change or modify this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms his acceptance of the revised Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User may not use the Service.

1.3. Any time frames specified in this Agreement shall be determined by the UTC+0 time zone, unless otherwise expressly indicated herein. The beginning and the end of calendar dates specified in this Agreement, including the commencement and completion of any term, are determined by the beginning and the end of the respective 24-hour period in the UTC+0 time zone.

2. DESCRIPTION OF SERVICE

2.1. The Service allow the User to search for private and other transportation service providers using the list of the partner organizations (hereinafter referred to as the “Carriers”) which have entered into separate agreements with the Company.

2.2. After registration in the Service User obtains access to a private section of the Service (hereinafter referred to as the "Personal Account") accessible for the User and the contact persons appointed by him/her, which contains information about the User and his/her contact persons, sets of personal settings for interaction with the Service, information about the requests for the services posted by the User and other data. If the User adds information about his/her contact persons, such persons have the right to use the Service through the Users Personal Account, including all the options provided by the Service.

2.3. In the Personal Account the User is able to place requests to search for a Carrier to provide private passenger transportation services (hereinafter referred to as "Requests"), in which he/she specifies essential and additional terms and conditions for provision of such service (including the start date and time, route or amount of time for vehicle rent, vehicle class, number of passengers, availability and amount of luggage, availability of child safety seats, possibility of smoking in the vehicle, availability of additional services in the car, etc.). If the Carrier agrees to provide services for a certain Request, he sends to the User counter-proposal for provision of services (hereinafter - the "Offer") via the Service. Number of Offers that can be received in response to one Request is not limited. If the User agrees with one of the received Offers, he accepts it. When the User accepts the Carriers Offer, the transportation contract is considered to be concluded between the User and the Carrier on the terms specified in the Offer (hereinafter referred to as the “Transportation Contract”). If the Carrier refuses to provide the services under the terms and conditions that have been agreed between him and the User (hereinafter referred to as the “Transfer”), the Transportation Contract is considered terminated by the Carrier and other Offers may be sent as a response to this respective Users Request. The terms and procedure of cancellation of the Transfer by the User, including the terms and procedure of the refund of the cost of the Transfer (hereinafter referred to as the “Transfer Price”) in case of its cancellation by the User, are defined in Section 4 below.

2.4. The User acknowledges and agrees that:

(A) The Users ability to obtain transportation Service through the use of the Service does not establish the Company as a provider of the transportation Service or as a transportation carrier. When the User finds a Carrier and accepts its terms including the condition of a specific Transfer and Transfer Price), he shall enter into a Transportation Contract with the Carrier directly but not with the Company.

(B) The Users may receive transportation services using the Service all by themselves only if they reached the age of majority under the laws of the country wherein the Transfer will take place. Persons who have not attained this age may not use the Service independently, but may participate in Transfers accompanied by adults (passengers at full legal age).

(C) Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information between the User and the Carrier as well as to transfer prepayment or full payment for a specific Transfer received from the User to the Carrier. The Company shall not be liable for the credibility of the information passed as well as for the due and in good faith performance of the Carrier’s obligations within any agreements between the Carrier and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages in any way determined by the use of the Service.

(D) The Service, the software used for the provision of the Service and other content of the Site through which the Service are available are protected by the Company’s or third parties’ intellectual property rights. The User is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

(i) access and use the respective intellectual property solely in connection with his use of the Service; and

(ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.

(E) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.

(F) The User enters into this Agreement at its sole risk and that the Service and any information provided to the User are provided “as is” and “as available”.

(G) In case of violation by the User of the provisions of clause 6.1(B) of this Agreement the Company has the right to suspend Users access to the Service, as well as the payment of any amounts due to the User in accordance with section 4 of this Agreement until confirmation of the unreliability of information about the violation. In case of confirmation of information about the Users failure to fulfil the abovementioned obligation the Company has the right to terminate this Agreement as provided in section 13.

(H) The relations between the User and the Company fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.

3. PAYMENT OF TRANSFER PRICE

3.1. After finding a Carrier and entering into the Transportation Contract with him through the Service as stipulated herein, the User shall make a full or partial prepayment of the Transfer Price as indicated in the check-out page, which the Company shall further transmit to the Carrier subject to the terms and conditions of a separate agreement between the Company and the Carrier. The User may pay the Transfer Price by physical cash directly to the Carrier if such option was specified in this Offer.

3.2. The User agrees that in case the payment is made to the Company’s account the Company has the right to add to the Transfer Price any processing charges which are due under the relevant agreements between the Company and its banks and/or payment systems as well as the operating expenses. The User also agrees that the Transfer Price with any charges may be debited from the User’s bank/card account in other currency than one previously selected if the payment in a specific currency and/or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment.

In case the Transfer is cancelled at the Users discretion in accordance with Section 4 of this Agreement, the amounts of processing charges specified herein shall not be refunded to the User.

4. USER’S REPRESENTATIONS AND WARRANTIES

The User represents and warrants at all times that the User continues to use the Service that:

(A) the User has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and his obligations contained herein;

(B) the User’s compliance with this Agreement is lawful and his obligations hereunder are legally binding and valid;

(C) the User has carefully and thoroughly read and understood this Agreement;

(D) the User is and has always been compliant with this Agreement;

(E) in entering into this Agreement the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement;

(F) all information provided by the User is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Company enters into this Agreement with him in reliance on the representations and warranties set out in this clause.

5. USER’S ONGOING OBLIGATIONS

The User shall:

(A) regularly monitor and review any announcements connected with the Service made on the Site;

(B) purchase and use the Service only for the purposes and in the manner expressly permitted by this Agreement;

(C) notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect;

(D) not engage in any activity that interferes with or disrupts the Service in any way;

(E) be fully responsible for keeping, the information required to access its account (including the password) store such information, ensuring its confidentiality, security, the absence of any distortion and proper control over storage;

(F) not remove any copyright, trademark or other proprietary notices from any portion of the Service;

(G) not reproduce, modify, use for compilation, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company;

(H) not modify, analyze, decompile, decode, restore the source code of the Service or any of its parts except as may be permitted by applicable law;

(I) not link to, mirror or frame any portion of the Service;

(J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;

(K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;

(L) not use or reference in any manner the Companys names, logos, product and service names, trademarks or services marks;

(M) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service;

(N) observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service;

(O) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.

6. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY

The User hereby accepts that, to the fullest extent permitted by law:

(A) no warranty is given in respect of the Service or any information provided to the User; and

(B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:

(i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement;

(ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;

(iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.

7. LIMITATIONS OF THE COMPANY’S LIABILITY

To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:

(A) any inaccuracy, incompleteness or delay in any information provided to the User;

(B) any transaction failure which may occur when the User seeks to make payment;

(C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;

(D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);

(E) termination of this Agreement at any time and for any reason;

(F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;

(G) any war, riots, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and other natural calamities.

The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.

The Company shall not be liable for any damages, liability or losses arising out of:

(A) the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or

(B) any transaction or relationship between the User and any Carrier, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. The User acknowledges that some Carriers may offer ridesharing (multi-passenger vehicle sharing) or peer-to-peer transportation services and may not be professionally licensed or permitted.

The Company’s aggregate liability to the User for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the User to the Company in connection with the relevant Transfer.

8. INDEMNITIES

The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss arising from (and any costs incurred in connection therewith):

(A) any breach of this Agreement;

(B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement;

(C) infringement of any Company’s or third parties’ intellectual property rights or other laws in connection with the User’s use of the Service and the Site and its contents.

It is not necessary for expense to be incurred before the indemnity in this clause operates.

9. THIRD PARTY RIGHTS

Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.

10. NOTICES

10.1. The User agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the User registers to its account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.

10.2. Notices to the Company may be directed to the email address specified on the Site.

11. NO RELATIONSHIP

This Agreement do not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.

12. SEVERABILITY

If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This section has no effect if the severance would alter the basic nature of this document or be contrary to public policy.

13. LANGUAGES

This Agreement is made in English. In case of any inconsistency between the English version and any translation, the English version shall prevail.

14. RESTRICTED REGIONS

The User agrees that the Carriers with whom the Company has entered into relevant agreements do not carry out Transfers in the regions below and the User will not use the Service to order Transfers in the following regions:

(A) Republic of Cuba;

(B) Islamic Republic of Iran;

(C) Syrian Arab Republic;

(D) Democratic Peoples Republic of Korea;

(E) The Crimean Peninsula;

(F) Northeastern portion of the island of Cyprus;

(G) Mongolia;

(H) Ghana.

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