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Contract

Version of February 10, 2025, effective date: February 17, 2025.
1. DEFINITIONS AND TERMS
GoGoBag LIMITED LIABILITY COMPANY (hereinafter referred to as "GoGoBag"), is the owner of the exclusive rights to the Platform, which operates as a website at https://gogobag.eu and/or the GoGoBag Mobile Application, including exclusive rights to all intellectual property included in it, program code, design works, texts, as well as means of individualization (brand name, trademarks, service marks, commercial designations). The use of the Platform does not allow the transfer of rights to the Platform or its individual elements. The person using the Platform has only a limited right to use it in accordance with the terms of GoGoBag. This use may be terminated at any time in accordance with GoGoBag's terms and conditions related to the use of the Platform. Agreement (public offer) of information services on the Carrier's recommendation (hereinafter referred to as the "Agreement") means the Agreement for the provision of services for the search, selection and offer of the Carrier's services concluded in electronic format between the Carrier, the Sender and GoGoBag through the use of the Mobile Application or website (Platform), including the implementation of a Secure Transaction. Platform means an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc.) intended for automated monitoring, collection, processing, distribution, storage, presentation of data on shipments placed on it by senders and on offers of transportation placed by carriers, allowing the parties to interact with each other, as well as to organize payment for services. The online service is the result of computer programming that is classified as software. The platform operates as a website and/or mobile Application. Carrier - a person (legal entity, individual, individual entrepreneur) involved as a result of the automatic functioning of the Mobile Application or website, which intends to provide services for the delivery of Parcels to the address specified by the Sender, in particular using transport, in accordance with the Announcement placed by him/her. Announcement means an announcement of the Carrier's trip and the possibility of delivery of the Parcel published by the Carrier on the website or in the mobile Application, indicating the Carrier's readiness to accept applications for its route (time, route, number of seats, approximate cost required to cover the cost of the trip). The algorithm for placing an advertisement in the mobile Application or on the website is in accordance with the Terms of Use, which is an integral part of this Agreement. Application is a procedural action that determines the interest of the Sender in the delivery of the Parcel under the terms of the Carrier's Announcement and the order of the Sender or his authorized person to deliver the Parcel using the Carrier's services, duly executed (accepted) using the Mobile Application or website. Shipment (parcel) means a delivery item accepted and inspected by the Carrier at the request of the User specified in the Mobile Application or on the website that meets the requirements of this Agreement. Sender means a person or his/her representative acting in the interests of the person represented, who has placed an application for delivery of the shipment in the Mobile Application or on the website, and has transferred this shipment to the Recipient's address using the Carrier's services. The sender may be the User or another person designated by the User. Recipient - a person or his/her representative acting in the interests of the person represented, who is to receive the shipment from the Carrier at the request of the sender placed in the Mobile Application or on the website. The Recipient may be a person specified by the Sender or his/her representative acting in the interests of the person represented as the recipient of the shipment. User - a person (legal entity, individual, individual entrepreneur) using the Website or Mobile Application who has passed the registration procedure in order to receive the GoGoBag Services. Mobile Application is software designed to run on smartphones, tablets and other mobile devices that provides access to the GoGoBag parcel delivery service. The Application can be downloaded free of charge to the User's device from such online application stores as AppStore, Google Play, etc. Website means a website located on the Internet at https://gogobag.eu, which is an integral intellectual property object consisting of computer programs and other software, databases, graphic content and other works combined to ensure the normal functioning of the Website and use of its capabilities for placing Applications for delivery by the Carrier and receiving related services and information. The Website is an integral part of the Software. Secure transaction - a service available on the Website provided by the payment system in order to ensure information and technological interaction and secure payments under the Agreement concluded between the User and GoGoBag. Payment system means a technology that allows accepting bank cards for payment via the Internet, with the ability to make payments to Clients under the Secure Transaction system based on an offer posted on the Payment System's website. Payment System Website means a website located on the Internet at: https://platon.ua or https://www.profitgid.ua, where the interface and/or the Application for entering payment card details for the purpose of making a cashless transfer is posted and/or available, and which contains information about the Payment System. Authorization - granting a certain person or group of persons the rights to perform certain actions in the Mobile Application or on the GoGoBag website, as well as the process of verifying (confirming) these rights when trying to perform these actions while gaining access to the use of the Mobile Application or website. Registration - granting a certain person or group of persons the rights to perform certain actions in the Mobile Application or on the GoGoBag website, as well as the process of verifying (confirming) these rights when trying to perform these actions when gaining access to the use of the Mobile Application or website in the process of initially concluding the User's legal relationship with GoGoBag. Verification means verification and confirmation of the information provided by the User through the use of the Mobile Application or the Website in order to verify GoGoBag's compliance with the terms, requirements, criteria and standards of the Agreement. Public offer - a real offer of GoGoBag made to the User and/or an unlimited number of Internet users to use the functionality of the software and hardware of the Mobile Application and/or the Website in order to conclude the Agreement on the terms specified in the offer. The offer is not limited in duration. "GoGoBag Content" means text, graphics, user interfaces, visual interfaces, photographs, sounds, illustrative material, computer code (including html code), programs, software, products, information and documentation that are the intellectual property of GoGoBag and/or third parties. "User Content" means text, graphics, any data in user interfaces, visual interfaces, photographs, sounds, illustrative material, products, information and any documentation that the User publishes and/or distributes and/or exchanges in any way through the Mobile Application. "Application Administration" - authorized employees of GoGoBag, as well as other persons duly authorized by GoGoBag to manage the Mobile Application and provide Services to the User while using the Mobile Application in accordance with the terms of this Agreement. "Rating" is a numerical indicator of the User's reliability (level of trust in him/her). There are two types of User ratings in the Mobile Application: Carrier Rating and Sender Rating.
2. GENERAL PROVISIONS
2.1 The Agreement, Annexes and other agreements shall be concluded electronically through the automatic functioning of the Mobile Application, while the written form of the relevant documents and agreements shall be deemed to be complied with and legally binding in accordance with Article 642 of the Civil Code of Ukraine and shall be equivalent to an agreement signed by the parties. This Agreement shall be public in accordance with the provisions of Article 633 of the Civil Code of Ukraine. This Agreement shall also be deemed to be a contract of adhesion within the meaning of Article 634(1) of the Civil Code of Ukraine. The User accepts this Agreement solely in its entirety (unconditionally agrees to the Rules) and joins them on the appropriate terms by starting to use the Website or the Mobile Application. If the User does not agree with the Agreement, he/she shall immediately stop using the Mobile Application and refuse to use the GoGoBag services. 2.2 GoGoBag has the right to unilaterally amend the Agreement and its annexes, the current version of which is posted at https://gogobag.eu and comes into force from the date of publication. The Users shall be obliged to monitor the updates to the Agreement on their own. If the Agreement is amended in the course of execution of the Application, the version of the Agreement in force on the date of its execution shall apply to the relations of the Parties. If the User does not agree with the changes made to the Agreement, he/she undertakes to immediately stop using the Mobile Application and the Website. 2.3 Acceptance of the public offer (full and unconditional acceptance of the terms of this Public Offer) also means the User's consent to provide his/her personal data (in particular, a copy of the identity card, address of residence, telephone number, other data) through the website or mobile Application and/or consent to the processing of personal data and/or consent to this public offer by ticking the appropriate review field on the website or mobile Application of GoGoBag. 2.4 The User agrees that GoGoBag has the right to enter into contractual relations with third parties on any terms acceptable to it, in order to fulfill this Agreement or part of it or to provide other services necessary to fulfill the purposes established by the Agreement. 2.5 The Sender or the Recipient accepts the terms of this Agreement if he/she delivers (or accepts) the Shipment specified in the application on the website or mobile Application to the Carrier (from the Carrier) on his/her own behalf or on behalf of another person entitled to do so, regardless of whether he/she has signed the relevant documents accepting this public offer in electronic or other format. 2.6 The User should be aware that in case of providing inaccurate or knowingly false information about the Parcel or its contents, he/she may be subject to claims, administrative or criminal liability. 2.7 Payment for the services provided may be made by third parties on behalf of the User. 2.8 GoGoBag is the owner of the mobile Application and the website for recommending the Carrier's services for the purpose of delivery of its Parcel by the Sender - "GoGoBag". The mobile Application "GoGoBag" allows you to determine the terms of delivery of the Shipment and organize information exchange between the Carriers that carry out the route of their choice and the Senders who need to deliver the Shipment to the Recipient located in the Carrier's route area. The purpose of such interaction between the Carrier and the Shipper is to deliver the Shipment at the request of the Shipper to the Recipient. 2.9 This Agreement is concluded between GoGoBag and the User who has expressed a desire to register in the Mobile Application "GoGoBag" or on the website. 2.10 This Agreement is a public offer, and in case of acceptance of the following terms and conditions, the User acquires the status of a customer of services under the Agreement, undertakes to comply with the terms of this Agreement and its annexes, which are its integral part. 2.11 The moment of conclusion of this Agreement between GoGoBag and the User is the moment of acceptance (expression of consent to the terms) of the Agreement by the User during registration in the Mobile Application. 2.12 Any interaction of the User with the Mobile Application (in particular, but not limited to: registration, verification, posting of any information, transfer of funds to GoGoBag for the Services received, actual use of the Application and other conclusive actions) also confirms the unconditional consent of the User to all the terms of this Agreement (in particular, its annexes and additions). Such interaction with the Mobile Application is a full and unconditional acceptance of this Agreement, ignorance of the terms of which does not relieve the User of liability for their failure to comply. 2.13 After the conclusion of this Agreement, GoGoBag provides access to the functions of the Mobile Application on the terms and conditions set forth in the Agreement. 2.14 GoGoBag reserves the right to amend the Agreement and/or withdraw it at any time at its sole discretion. In case GoGoBag makes changes to the Agreement, such changes shall enter into force from the moment the amended text of the Agreement is posted on the Internet on the Website and/or in the Mobile Application, unless another term for the entry into force of the changes is provided for in such posting. 2.15 The current version of the Agreement is available on the Website and/or in the Mobile Application. Continued use of the Mobile Application (any further interaction with the Mobile Application) means its acceptance of the amendments to the Agreement. 2.16 If the User does not agree with any of the terms of this Agreement and/or does not agree to comply with the terms of this Agreement (or a new version of the Agreement), he/she shall not be entitled to use the capabilities of the Mobile Application. The User is obliged to stop using the Mobile Application and leave it. 2.17 The Administration of the Mobile Application has the right to refuse any User to register and/or use the Mobile Application at any time in case of violation of the terms of this Agreement, the current legislation of Ukraine and other Countries, the legitimate rights and interests of GoGoBag and third parties. 2.18 By entering into this Agreement, the User realizes, accepts and unconditionally agrees that GoGoBag is not a party to civil law relations or other obligations and agreements between the Users, or the User and the state, performing exclusively the functions provided for in this Agreement.
3. PROCEDURE FOR THE PROVISION OF SERVICES
3.1 The GoGoBag Services are provided only to the Users registered in the Mobile Application and/or the Website and/or the Users who have otherwise accepted this Agreement. The services provided by GoGoBag to the Users include, but are not limited to: - providing the Mobile Application for free download from online application stores; - ensuring the functioning of the Mobile Application, from the moment of its downloading and installation to the moment of its deletion from a mobile or other device; - providing an opportunity to exchange text messages with other Users using the Mobile Application; - ensuring the possibility of publishing and viewing the Announcement; - ensuring the possibility of interaction between the Sender and the Carrier to determine the terms of delivery of the Shipment; 3.2 GoGoBag guarantees the availability of the Mobile Application and/or the provision of the Services around the clock. 3.3 GoGoBag grants the Users a non-exclusive and inalienable right to use the software that ensures the functioning of the Mobile Application. 3.4 GoGoBag provides the Services on a paid basis. The procedure and amount of GoGoBag's remuneration is determined by this Agreement. 3.5 By starting to use the Mobile Application, the Users shall join this Agreement and gain access to the Basic Functions of the Mobile Application, the ability to place Applications and Announcements. 3.6 The main functions of the Mobile Application allow Senders to place Requests for delivery of Parcels with the calculation of their cost, withdraw, make changes to the Requests (at the same time the cost is recalculated), receive notifications of acceptance of Requests by the Carrier, enter into the Provided Agreements in electronic form, track the status of execution of Requests, pay for Requests by electronic means of payment, send notifications and messages to the GoGoBag administration, and Carriers are provided with the opportunity to place Advertisements, etc.
4. TERMS AND CONDITIONS OF USE OF THE MOBILE APPLICATION
Registration in the Mobile Application (creating an account). Rules for registration in the Mobile Application. 4.1 A person wishing to become a User is obliged to complete the registration procedure on the corresponding page of the Mobile Application or the Website. When registering in the Mobile Application, the User undertakes to provide reliable, complete and accurate information about himself/herself in the registration form (questionnaire) and periodically update it to ensure its relevance and completeness. The User undertakes not to mislead GoGoBag and/or other Users about his/her identity, as well as not to post addresses, e-mail addresses, passport/registration data and other information of any third parties in the Mobile Application. In case the User provides an incorrect or inaccurate email (e-mail address), GoGoBag has the right to deny such User further access to the Application. 4.2 Registration and use of the Platform (mobile Application and website) shall be in accordance with the provisions of the Terms of Use and the Privacy Policy. The Platform is intended for use by users over the age of 18 (eighteen), but in some cases, persons under the age of 18 (eighteen) may be Senders or Recipients of parcels, only with the consent and under the supervision of parents (one of the parents with whom such person lives or is his/her legal guardian) and in accordance with the norms and restrictions of the current legislation of Ukraine. Responsibility for compliance with the norms and restrictions of the current legislation of Ukraine regarding consent and supervision of any actions on the website or in the mobile Application lies with the parents (one of the parents with whom such person lives or is his/her legal guardian) of a person under the age of 18 (eighteen). 4.3 From the moment of Registration in the Mobile Application and/or filling out an application on the Website, and/or oral (using telephone or other communication) or written agreement for placing the Application, the User agrees to the use by GoGoBag of the User's personal data specified by him/her during Registration, Authorization, sent to GoGoBag via e-mail, messengers (WhatsApp, Viber, Telegram, others) and other means of communication and information exchange, for their processing and storage in order to ensure the operation of the Mobile Application, as well as to inform about it, as well as to process and store information that is an integral part of this Agreement. The procedure and terms of use of the User's personal data are determined by the Privacy Policy, which is an integral part of this Agreement. 4.4 The User agrees that the actions performed in the Mobile Application after the User's Authorization and Registration are recognized as the User's actions. The User shall be fully liable in accordance with this Agreement and applicable law for any actions taken by him/her using his/her account, as well as for any consequences that may have caused or have caused his/her use. 4.5 By registering, the User agrees to receive informational messages to the phone number specified during registration. The User agrees to the sending of advertising products to his/her address by GoGoBag. In the event of such disagreement, the User is obliged to send a written notice to GoGoBag to stop sending advertising or other relevant information to his/her address. 4.6 The User is fully responsible for all actions performed in the Mobile Application under his/her account. The User is obliged to immediately notify GoGoBag of any actions that have become known to him/her, about cases of access to the Mobile Application by third parties under the User's account. GoGoBag shall not be liable in case of violation of the User's rights by third parties who have gained unauthorized access to the User's Mobile Application. 4.7 The User is responsible for observing the rights (material and immaterial) of third parties regarding the information transferred (provided) to GoGoBag during the User's registration, while using the Mobile Application and receiving the GoGoBag Services. The User shall independently assess the legality of their use of the Mobile Application and the Services provided by GoGoBag, including in terms of applicable law. 4.8 The User is prohibited from posting information in the Mobile Application: - violating the legally protected property and (or) personal non-property rights and legitimate interests of GoGoBag or third parties, infringing on their honor and dignity; - obscene or offensive in nature; - infringing the copyright and related rights of third parties; - containing information the dissemination of which is prohibited or restricted by applicable law; - on shipments whose contents are prohibited for circulation (restricted for circulation without meeting the relevant conditions), in accordance with applicable law; The Application Administration has the right to delete the account, any feedback, messages, announcements, content posted in the Mobile Application that do not meet the requirements of this Agreement at any time. 4.9 Verification and conditions for the formation and execution of the Order. 4.10 GoGoBag has the right to use the system to verify ("verify") part of the information provided by the User. The corresponding action is necessary to increase trust, prevent or detect fraud on the part of the User in order to ensure the safe use of the Mobile Application and the Website. 4.11 The User agrees that any User data posted in the Mobile Application is reliable and can be verified. At the same time, GoGoBag does not guarantee the accuracy and reliability of such information. 4.12 Publishing an Ad and processing a Shipment. 4.13 The User is granted access to the function of publishing an Announcement. The function of publishing an Ad means the ability of the User to place Ads in the Mobile Application that are available for viewing by all Users. 4.14 The Administration of the Application has the right to delete an Ad that does not meet the requirements of this Agreement at any time. 4.15 A User who violates the terms of the Agreement may be restricted from using the Mobile Application on a permanent or temporary basis. 4.16 Upon verification by the Software of the Ad, it shall be posted on the Platform and made available to an unlimited number of Users registered in the Mobile Application. Depending on the Announcement, this circle may be limited by the Software in order to comply with the conditions set forth in the Application. 4.17 The posted Ad is displayed in the Sender's Mobile Application along with its main parameters. If the Sender agrees with all the terms and conditions of the Announcement, he/she may place the Request by clicking the corresponding button in the Mobile Application. At the time of sending the Application, the Sender shall indicate information about the Shipment (weight, dimensions, contents, estimated value, address, etc.). After reviewing the information about the Shipment specified in the Application, the Carrier indicates the delivery cost and accepts the Application by clicking the corresponding button in the Mobile Application. After its acceptance, the Sender receives a notification by sending a corresponding message by e-mail, or via the Personal Account, or by SMS message to the contact details, with the specified cost of delivery of the Parcel and has the right to confirm the Application or refuse it. 4.18 Upon confirmation of the Application by the Sender, he/she shall accept the offer with simultaneous acceptance of the Carrier's terms and conditions, which shall be notified by the Carrier by sending a corresponding notification by e-mail, or via the Personal Account, or by SMS message to the contact details. At the moment of acceptance of the Application by the Sender, the service agreement by the Carrier shall be deemed to be concluded in electronic form on the terms and conditions provided for in the relevant Agreement. 4.19 To access the Applications, the Carrier shall use the Mobile Application. 4.20 Users of the mobile Application or website, by accepting this offer, confirm that the real value of the transferred/received/accepted for delivery Shipment corresponds to the declared value specified in the Application. 4.21 The Users confirm that in the event of any dispute regarding the determination of the value of the Shipment, compensation for damages for disputes related to the Shipment, in the presence of the Carrier's fault established by the current legislation of Ukraine, the amount of the Carrier's liability may not exceed the declared value of the Shipment, which must be confirmed by the relevant documents (fiscal checks, consignment notes, invoice, etc.). 4.22 The User, by accepting this offer, confirms that in case of disagreement with the terms of the Agreement, its individual provisions, annexes, including the terms of the declared value of the shipment, is obliged to notify GoGoBag in writing in order to determine whether GoGoBag has the ability to make appropriate changes or refuse to use GoGoBag services. 4.23 By accepting the offer, users are warned and agree not to place an order without announcing the value of the shipment. 4.25 The declared value may be changed by agreement of the parties on the basis of a written application of the Sender to GoGoBag with the original documents attached thereto, the list of which is formed and requested at the discretion of GoGoBag individually for each shipment. 4.26 In case of damage, loss, shortage of the Parcel, or other improper performance of obligations by the Carrier, and subject to the conditions stipulated by the Agreement, in the event of proven fault of the Carrier, the User shall be entitled to receive the declared value of the Parcel or compensation for the damage caused, in an amount not exceeding the specified declared value (depending on the degree of damage or loss of the Parcel or the amount of damage caused). 4.27 In an exceptional case, if the Users (Carrier and Sender) are verified persons (provided all the necessary personal data, including their identification documents and passed video verification), GoGoBag may, at its sole discretion, reimburse the estimated cost of the sent parcel (but not more than the actual cost of the shipment, and in any case not more than 1 (one) minimum wage in Ukraine as of January 1 of the current year) that for some reason was damaged or lost during delivery. This provision is an exclusive right of GoGoBag and is not an obligation. In the event of any dispute regarding damage or loss of the Shipment, the estimated value must be confirmed by the Sender with the relevant documents for the items that were in the Shipment and were damaged or lost during transportation (checks, invoices, invoices, etc.). GoGoBag has the right to request from the Sender any other additional supporting documents for the estimated value of the Shipment. In the event of any dispute regarding the damage or loss of documents contained in the Shipment, the amount of compensation to which the Sender may claim shall be calculated on the basis of the cost of producing such documents at current prices in Ukraine and in any case may not exceed 0.5 (zero point five) of the minimum wage in Ukraine as of January 1 of the current year for all documents contained in the Shipment (damaged or lost). GoGoBag has the right to request from the Sender any other additional supporting documents for the estimated value of the documents contained in the Shipment. A complaint about damage to the Shipment can be considered only in case of visual damage during transportation. Complaints about other causes of damage will not be accepted and considered. 4.28 If the Recipient refuses to accept the Shipment or the Recipient is not available at the specified address, the Carrier shall return the Shipment to the Sender or the person specified by him/her, in accordance with the previously submitted Application, and the Sender undertakes to pay for the return route (return of the Shipment) at the cost of the Carrier's services at the rate calculated as when a new Application is formed. The terms, cost and methods of returning the Shipment to the Sender shall be determined by the Carrier independently, in the absence of duly executed instructions from the Sender in this regard. 4.29 In case of the Shipper's refusal to return the Shipment to his address, in the event of the circumstances specified in clause 4.11 of the Agreement, in the absence of his instructions regarding the further fate of the Shipment, the Carrier has the right to determine further actions with this Shipment at its sole discretion. The Carrier has the right to recover all expenses incurred in making decisions on the further fate of the Shipment from the Shipper. The Shipper confirms that in the event of the circumstances specified in clause 4.12 of the Agreement, he is fully responsible for the safety and fate of the Shipment. 4.30 In case of disputes at the time of delivery, the parties to the Agreement have determined that the Carrier acts in the interests of the Recipient without a power of attorney; 4.31 If the Recipient refuses to accept the Parcel, the services of the Carrier and GoGoBag shall be deemed to have been provided properly. 4.32 If the User refuses to use the services of GoGoBag after acceptance of the application, the latter undertakes to compensate GoGoBag for the actual costs incurred by it. 4.33 GoGoBag reserves the right to change and supplement the features of the Software. 4.34 The User may submit a Request in the Mobile Application only if the conditions set forth below are met. When the User places an Application, the coordinates of the Shipment delivery route (sending and receiving addresses), the required delivery time intervals, the Sender and the Recipient (with contact details), the type of Shipment, dimensions and weight of the Shipment, its contents and appearance (photo), as well as other information required in the relevant Application form in the Software must be indicated. The content of the Parcel must not contradict the current legislation of the countries in which the delivery is carried out; 4.35 In order to realize the purposes of using the Software, the User shall place an Application in any of the ways provided for in this Agreement and the Software interface. 4.36 In the process of filling out the Application, its cost is calculated on the basis of the Carrier's proposed rate for its services and is displayed in the Software until its confirmation. By confirming the Application, the User agrees to its cost calculated based on the Carrier's proposed rate for its services. 4.37 In the process of filling out the Application, the User shall indicate his/her contact mobile phone number, which shall be confirmed by sending an SMS message or through the messengers available to the User. 4.38 In the Personal Account, the User shall exercise the right to use the Mobile Application, in particular, make cashless payments for Applications and Requests, monitor the status of execution of Applications and Requests, receive information about all previously submitted Applications and sent Requests. If the User specifies the brand name or designation of the Sender or the Recipient when filling out the Application or sending the Request, then by doing so, the User confirms and guarantees that he/she has all rights and consents to use the results of intellectual activity and means of individualization (brand names, symbols, etc.), which he/she specifies in the relevant column of the Application form, as well as: - does not use pornographic content, as well as other information that is prohibited for distribution and mention under the laws of Ukraine; - does not use phrases that could cause propaganda or agitation that incites social, racial, national or religious hatred and enmity; - is fully legally competent and aware of the consequences for violating the consent he or she has given; - does not unlawfully use the data of a person who has not expressed consent to do so; - does not violate the current legislation of Ukraine. For violations arising from violations under this clause, the User shall be liable and shall compensate GoGoBag for any and all damages. 4.39 After the User places the Application and the Software processes it, the Application may be accepted by the Software. 4.40 Based on the results of consideration of the Application by the Carrier, an automatic offer to accept or refuse to accept the Application is sent to the Sender. For each case of acceptance or refusal to accept the Application, the User receives a notification through the Software either by e-mail or SMS message, or in the Personal Account, or via messenger, or through a call from the operator. 4.41 The User may be denied acceptance of the Order if the Order is incorrect, the Order contains an incorrect Recipient's or Sender's address, telephone number or other details that do not allow fulfilling the Order, or the delivery address in the Order does not correspond to the agreed geography of delivery, as well as in other cases that do not allow fulfilling the purpose of the Order properly and in the interests of the User. 4.42 Upon acceptance of the Application by the Software, the Application shall acquire the status of placed and shall be addressed to the designated Carrier. Depending on the terms of the Application, special requirements may be imposed on the Carrier in order to comply with the conditions specified therein. 4.43 The User confirms that GoGoBag does not have any rights, obligations, legal relations with Users and third parties regarding the possession, use and disposal of the Shipment, does not carry out the fact of internal verification of the Shipment and verification of the accuracy of the data specified in the Order with the subject of the Shipment. 4.44 After the Carrier and the Sender agree on the possibility of delivery of the Shipment, the Carrier and the Sender shall independently determine, without involving GoGoBag, the procedure and conditions for the delivery of this Shipment to the Recipient. 4.45 The Sender undertakes to visually familiarize the Carrier with the contents of the Parcel immediately before sending it, as well as to upload photos of the contents of the Parcel to the Application. 4.46 The Carrier undertakes to visually familiarize the Recipient with the contents of the delivered Parcel before delivery, as well as to upload photos of the contents of the Parcel to the Application. GoGoBag recommends that the Carrier also make a video recording of the contents of the Parcel, the moment of its delivery to the Recipient and store the said video recording. 4.47 The User has the right to make changes to the Application before the start of its execution. 4.48 The User unconditionally agrees that making changes to the Application may lead to the appointment of another Carrier and/or change in the cost of the Application. 4.49 The User has the right to withdraw the Order before the Carrier has started its execution. In case of late withdrawal of the Application, the User undertakes to pay GoGoBag the cost for late withdrawal of the Application in the amount of the full cost of the Application. 4.50 The Carrier is obliged to pick up the Parcel from the Sender and deliver it to the Recipient in accordance with the information specified in the Order. If the Sender does not hand over the Shipment to the Carrier within 15 (fifteen) minutes from the moment of the Carrier's arrival at the address specified in the Order, within the specified period of Shipment pickup, the Carrier shall assume responsibility for the unperformed services. 4.51 If it is impossible to pick up the Shipment for any reason, in particular due to the absence of the Sender at the place and/or time specified in the Application, the failure of the Sender to transfer the Shipment to the Carrier, as well as in case of late withdrawal of the Application by the User, or for any other reason beyond the Carrier's control, the Carrier shall notify the User using the contact details available to it. 4.52 Loading/unloading of the Shipment may be one of the Carrier's additional services and must be specified in advance in the Application if the Shipper needs it. 4.53 In case of fulfillment of the Application using road transport, the Carrier shall be obliged to present for loading a serviceable road vehicle in a condition suitable for the delivery of the relevant Consignment with the appropriate dimensions and carrying capacity and to deliver the Consignment in accordance with the information specified in the Application. 4.54 The User is fully responsible for the content of the Application placed by him/her in the Mobile Application. 4.55 The User guarantees the accuracy and reliability of the information specified in the Application. 4.56 The User agrees to GoGoBag to independently determine the criteria by which the placement of the User's Ad will be selected among the Ads of other Users, unless GoGoBag provides paid services for the promotion of the Ad, or another special procedure for the placement of the User's Ad. 4.57 The Sender acknowledges and agrees that the application placed in the Mobile Application may not be accepted for execution by the Carrier, its terms and conditions and other information regarding the Application do not constitute an obligation to fulfill on the part of GoGoBag. 4.58 After delivery of the Shipment and verification of its contents by the Recipient, the Sender and the Carrier shall confirm the fact of delivery through the Mobile Application by placing the relevant information in it. 4.59 Upon confirmation of delivery, the Sender and the Carrier shall rate each other on a five-point scale in the Mobile Application. In the case of filling out the Application through the services of the GoGoBag operator, GoGoBag independently assigns a rating to the Users, taking into account the available information. The above assessment does not affect the reputation indicator of the Users and does not limit their rights established by this Agreement and applicable law. Based on the ratings received by the Consignor and the Carrier, the weighted average ratings of the Consignor and the Carrier are formed, which show the level of reliability of the User (the level of trust in him).
5. FINANCIAL RELATIONSHIPS
5.1 The Carrier undertakes, upon the Request placed by the User using the Software, to provide services for the delivery of the Parcel to the address specified by the User and to deliver the Parcel to the Recipient, and the User undertakes to pay the cost of the Request, including payment for GoGoBag information services in accordance with the GoGoBag tariffs, in effect on the day of service provision, the cost of delivery, which is a Contribution to cover the Carrier's expenses for accepting and fulfilling the Application (hereinafter referred to as the "Cost Coverage Contribution") and the Payment System fee, which may be calculated using the "Secure Transaction" service, in accordance with the terms and conditions. 5.1.1 To pay for the GoGoBag services, the User must indicate in his Account (enter in the Mobile Application) the information and details of the bank card, account from which funds will be debited to pay for the cost of the Application. 5.1.2 The Carrier confirms its desire to conclude and execute this Agreement using the "Secure Transaction" service by clicking the corresponding button in the Mobile Application. 5.1.3 Confirming the desire to conclude and execute this Agreement using the "Secure Transaction" service, GoGoBag redirects the Carrier to the Payment System Website, where the Carrier provides information about his/her bank card number for transferring the Cost Coverage Contribution to it. 5.1.4 The User also agrees to conclude and execute this Agreement using the "Secure Deal" service by clicking the appropriate button, after which GoGoBag redirects the User to the Payment System Website to enter information about their bank card number to pay the Cost Coverage Contribution. 5.1.5 The User also agrees that the bank card specified by him/her during the application process will be used in the future for refunding by the Payment System without entering the authorization data of the bank card. 5.1.6 The User also agrees that after submitting the information about his/her bank card number for payment of the Application Fee, he/she gives an instruction to debit funds from his/her bank card, credit the Cost Coverage Fee to the Carrier's bank card, transfer payment for GoGoBag information services or make a refund to the User's bank card. 5.1.7 The User agrees that the Payment System shall charge the cost of the Application, including the Contribution to cover the Carrier's expenses calculated using the Software, the Payment System's commission and payment for GoGoBag information services, from his/her card. 5.1.8 The Mobile Application and the website function only to establish contact with people who are willing to deliver a parcel to cover their own travel expenses, and not on a commercial or business basis. In the event that the Carrier makes a profit in the course of fulfillment of the Agreement concluded using the mobile Application or website, this is subject to appropriate regulation, including the obligation to be registered as a person engaged in business activities, pay the relevant taxes, have the necessary permits/licenses, and the Carrier shall be solely responsible for non-compliance with the law, in particular in terms of cargo transportation and payment of taxes. The Carrier shall independently pay all necessary taxes, duties and fees payable in connection with the conclusion of this Agreement in accordance with the laws of Ukraine and shall bear the relevant risks and liability in case of non-payment. 5.1.9 In accordance with the Agreement, GoGoBag shall receive from the User and the Carrier proof of the execution of this Agreement, which is the corresponding fulfillment of the Carrier's obligations under the Application, and shall provide the Payment System with information on the possibility of transferring the Contribution to cover the Carrier's expenses. Evidence of confirmation of fulfillment of the terms of the Application by the Users shall be the actions taken by them to press the appropriate buttons in the Mobile Application, which indicate the proper delivery of the Parcel by the Carrier and acceptance of the Parcel by the Recipient. In case the User submits an application on the website, the evidence of fulfillment of its terms is the consent of the Users received by the GoGoBag Operator using telephone or other means of communication. 5.1.10 The Payment System, after accepting confirmation of the Agreement from GoGoBag, shall credit the amount of the Fee debited from the User's bank card to cover the Carrier's expenses in accordance with the terms of this Agreement. 5.1.11 The Carrier and the User agree that the payment for GoGoBag information services, in accordance with the Agreement, shall be made by the Sender. The Sender makes payment to the address of GoGoBag, which is payment for GoGoBag information services. 5.1.12 The Payment System Fee for performing a money transfer transaction shall be charged to the Sender in accordance with the Payment System Tariff specified on the Payment System website. 5.1.13 Additional features of the Mobile Application that allow generating a cash receipt in automatic mode and sending it to the service payer using the latest details provided. 5.1.14 The functions of the Software during the execution of the Application allow the User to choose a cash payment method for the Application or a payment method using electronic means of payment. 5.1.15 The User who has used the cash form of payment for the Application, after its acceptance by the Carrier, enters into legal relations directly with the Carrier, and this service agreement shall not subsequently apply to the parties. The User and the Carrier shall be obliged to conclude a separate service agreement with the Carrier when using the cash form of payment for services. 5.1.16 In case of cash payment for the Application, the Users shall be solely responsible for the fulfillment, improper fulfillment, or non-fulfillment of obligations to each other. 5.1.17 When the User uses electronic means of payment to pay for the Application, the User and the Carrier electronically accept the GoGoBag Offer and the terms and conditions of the Payment System used by GoGoBag. 5.1.18 All amounts of money received by the Carrier in connection with the execution of the Application, paid in cash, as well as using electronic means of payment, which exceed the required Contribution to cover expenses and lead to the Carrier's profit, shall be subject to personal income tax, which shall be paid by such Carrier independently. All amounts of the Remuneration and other payments received by the Carrier having the status of a professional income tax payer in connection with the execution of the Application shall be subject to professional income tax, which the Carrier shall pay independently. 5.1.19 Under the conditions of the Software operation, as a result of its automatic functioning, a payment function is implemented that does not belong to the main functions of the Software, ensuring the possibility of the Software operation and execution of Applications with the help of a third party payment system on whose website the payment is made. 5.1.20 Users agree that, acting as a Sender, they are obliged to pay for GoGoBag's information services at the time of confirmation of acceptance for the fulfillment of their Requests by the Carrier. 5.1.21 The cost of the information services provided by GoGoBag shall be determined in the national currency of Ukraine or foreign currency (hereinafter referred to as the "Currency") in accordance with the GoGoBag tariffs in force on the day of service provision. The cost of the information services provided by GoGoBag shall be specified before the Sender confirms the Application. Confirmation of the Request by the Sender shall be the moment when the Sender becomes obliged to pay for the GoGoBag information services. If GoGoBag is required to pay VAT in the country in which the service is provided, the cost of GoGoBag information services shall be increased by the amount of VAT at the rate of that country. The state in which the service is provided is determined by the bank account from which the payment was made. 5.1.22 By accepting the Shipper's Application for execution, the Carrier undertakes to indicate the cost of its services for its execution - the Cost Coverage Fee. The Cost Coverage Contribution is determined by the Carrier under its full responsibility. It is strictly forbidden to obtain benefits in any way using the Platform. The Cost Coverage Contribution requested by the Carrier from the Sender must correspond to the amount necessary for the Trip. Otherwise, the Carrier shall bear the risk of changing the qualification of the transaction made through the Platform. The cost of services specified by the Carrier shall be recorded by the Platform. 5.1.23 The User agrees that GoGoBag is not a Party to the relationship between the Sender and the Carrier. For preventive purposes, GoGoBag recommends fixing all the terms of delivery of the Parcel in the appropriate interface, as well as in messages in the Mobile Application. 5.1.24 The Users are obliged to organize the fulfillment of their tax obligations, fulfillment of the requirements of the legislation governing business activities (in case of relevant relations between the User and the state) and other legal requirements, as well as obligations to GoGoBag and third parties, independently and at their own risk.
6. CANCELLATION OF THE APPLICATION
6.1 The Sender has the right to cancel the accepted Application, in which case the funds paid by GoGoBag for the information services provided shall not be refunded, but the funds paid by the Sender within the framework of the "Secure Deal" service shall be refunded in full. 6.2 The Carrier has the right to refuse to fulfill the Shipper's Application 1 (one) day before the date of departure specified in it. In this case, the funds paid by the Sender for the information services provided by GoGoBag, as well as the funds paid by the Sender within the framework of the "Safe Deal" service, shall be refunded to the Sender. 6.3 The Carrier has the right to refuse to fulfill the Order if the actual conditions of its fulfillment do not correspond to those specified at the time of its placement or notified by the Sender or the Recipient, or if the Shipment does not correspond to the description in the Order, or if the Shipment contains, as well as if the Carrier has reason to believe that the Shipment contains items prohibited for delivery and circulation. In this case, GoGoBag shall retain 100% of the funds for the information services provided, and the funds paid by the Sender within the framework of the "Safe Deal" service shall be refunded in full. 6.4 In case of cancellation of the execution of the Application due to the fault of the Carrier or the absence of the fact of successful delivery of the Shipment, the funds paid by the Sender within the Safe Deal service shall be refunded to the Sender in full within a period not exceeding 30 days. 6.5 The method of refunding the funds paid by the Sender depends on the method used to make the payment, and the refund period depends on the terms of transfers made by banking organizations and the payment service provider, but may not exceed 30 days. 6.6 GoGoBag has the right, but not the obligation, at its discretion, to refund to the Senders the funds paid by them for information services in other cases and in other amounts in accordance with the internal policy of GoGoBag.
7. Rights and obligations of GoGoBag
7.1 GoGoBag's obligations are solely to ensure that the User can receive the GoGoBag Services in the manner specified in the Agreement. 7.2 GoGoBag reserves the right, at its sole discretion, to modify or delete any information published in the Mobile Application, suspend, restrict or terminate the User's access to the GoGoBag Services at any time in connection with the violation of this Agreement, applicable law, the legitimate rights and interests of GoGoBag and third parties. 7.3 GoGoBag has the right to change the terms of the Agreement. Information about such changes is published by GoGoBag on the Website and/or in the Mobile Application. The actual continuation of the use of the Mobile Application by the User after the amendments to the Agreement are made means his/her consent to such changes and/or additions. 7.4 In case of violation of the Agreement by the User, GoGoBag has the right to suspend, restrict or terminate the access of such User to any GoGoBag Services and/or Mobile Application unilaterally at any time, and the User shall be liable for any possible damage or loss caused to the User by such actions. 7.5 GoGoBag has the right to send messages to the Users, in particular electronic messages containing organizational, technical, informational or other information about the capabilities of the Mobile Application, or other information about the functioning of the Mobile Application. 7.6 GoGoBag has the right to reimburse the User for losses incurred by GoGoBag as a result of the User's illegal actions/inactions. 7.7 GoGoBag undertakes not to use the User's credentials received during the Registration for any mercenary purpose and guarantees non-disclosure of this data, except when disclosure of such information is an obligation of GoGoBag due to the applicable law and the terms of the Agreement. 7.8 GoGoBag undertakes to provide the User with the opportunity to receive information support from the GoGoBag technical support service via e-mail, which the User will indicate during registration in the Mobile Application, by contacting the GoGoBag technical support service through the appropriate form in the Mobile Application. The scope of information support is limited to specific issues related to the provision of the GoGoBag Services and the use of the Mobile Application. 7.9 GoGoBag has the right to moderate all Ads, Applications, User Content and at any time at its sole discretion to remove them from the Mobile Application without giving any reason. 7.10 GoGoBag reserves the right to remove from its servers any information or materials that are, in the opinion of GoGoBag, unacceptable, undesirable, or violate the terms of the Agreement, applicable law, the legal rights and interests of GoGoBag or third parties.
8. RIGHTS AND OBLIGATIONS OF THE USER
8.1 The User is obliged to comply with the terms of the Agreement and its annexes, as well as to pay for the Services provided to him/her in the manner and on the terms stipulated by the terms of the Agreement and its annexes. 8.2 The User is obliged to independently familiarize themselves with the information on the terms of the GoGoBag Services and their cost. 8.3 When using the mobile Application, the User is obliged to comply with applicable law, in particular tax and business law (in case of relevant relations between the User and the state). 8.4 The User has the right to receive the Services in accordance with the terms of the Agreement. 8.5 The User has the right to contact the GoGoBag Support Service by means of an appeal through the appropriate form in the Mobile Application or on the GoGoBag technical support service website. 8.6 The User is obliged to use the Mobile Application or the Website only for lawful purposes, to comply with applicable law, as well as the rights and legitimate interests of GoGoBag and third parties. 8.7 The User is obliged not to take actions aimed at destabilizing the operation of the Mobile Application, attempting unauthorized access to the Mobile Application or the Website, as well as taking any other actions that violate the rights of GoGoBag and/or third parties. 8.8 The User shall not violate, block or otherwise harm the security of the Mobile Application or the Website. 8.9 The User undertakes not to use the Mobile Application or the Website to perform actions aimed at: undermining network security and violating any software and hardware connected to the Internet, as well as carrying out network attacks on any resources available via the Internet, including, but not limited to, GoGoBag software and hardware. 8.10 The User is obliged not to take actions aimed at gaining access to someone else's account by selecting a login password, unauthorized interference, or any other similar actions. 8.11 The User is obliged not to place in the Mobile Application or on the Website any Ads or Applications that violate the terms of this Agreement or applicable law. 8.12 The User is fully responsible for interacting with the Carrier and the Recipient in terms of informing them about the Parcel (in particular, about the consumer properties, properties and characteristics of the Parcel, methods, conditions and options for delivery of the Parcel, etc. The User shall be liable to GoGoBag and the Carrier for the completeness and accuracy of the information about the Sender, the Recipient and the Parcel to be delivered. 8.13 The User hereby agrees not to transmit for delivery a Parcel containing the following: ammunition, fireworks, flares and ammunition; narcotic drugs, psychotropic, potent, toxic, radioactive, explosive, poisonous, caustic, flammable and other dangerous substances, including those under pressure; foreign currency and banknotes; human body parts and remains (including ashes); firearms, pneumatic, gas or cold steel weapons and their parts; products with an unpleasant odor (with the exception of cosmetic and perfumed products), objects and substances that, by their nature or because of their packaging, may pose a danger to people, contaminate or spoil (damage) other cargo, surrounding people or objects; animals; items that require specially equipped vehicles for transportation; liquids in open containers; other items, materials or substances restricted or prohibited for circulation in the territory of Ukraine, the European Union, the Schengen countries, as well as in other countries to or from which the Shipment is sent. The User is obliged to provide accurate and complete information about the contents of the Parcel in the Application and ensure its transfer to the Carrier in a container and/or packaging that corresponds to the nature of the attachment, delivery conditions, excludes the possibility of damage to the attachment during processing and delivery, access to it and its contents without breaking the shell, damage to other Parcels and causing any damage to the Carrier. The Users independently determine the type, procedure and conditions for formalizing legal relations for the delivery of the Parcel between themselves and are fully responsible for this fact to each other. GoGoBag is not a party to these legal relations and is not a party to the delivery of the Parcel. The User shall be liable in accordance with the applicable law for potentially dangerous Parcels and for any damage that may be caused in connection with the delivery of such Parcels. The user is personally responsible for the contents of the parcel and its compliance with customs legislation. The User is obliged to familiarize himself/herself with the customs regulations of the country to which he/she transfers the Shipment and make sure that the contents of the Shipment and/or the number of items in it comply with the customs legislation of the country from and to which the Shipment is sent. If the Shipment contains prohibited items for crossing the state border of Ukraine and/or another state, and/or the number of such items exceeds the established permitted rates for crossing the state border of Ukraine and/or another state, the responsibility for such violation shall be borne solely by the Sender. If for the above reasons the Shipment or any part of it is detained at customs control, confiscated or otherwise detained by state authorities, the Shipper shall be personally liable for payment of any fines and shall also reimburse any costs incurred by the Carrier in connection with the presence of prohibited items in the Shipment. 8.14 Claims of the User due to improper functioning of the Software, malfunctions of the Software, in connection with the execution of Applications may be made by him within 2 (two) calendar days, by written notice to GoGoBag. 8.15 The User is obliged to provide GoGoBag with any documents requested by him/her upon written request (sent by facsimile/mail/electronic communication and/or via the Mobile Application) within one (1) business day from the date of receipt of such request. 8.16 The User is obliged to independently monitor changes in the terms of the Agreement on the Website and/or in the Mobile Application. In the absence of objections and continuing to use the Mobile Application and/or receive the Services after the publication of changes to the Agreement, rules, and annexes, this shall be considered as the User's consent to the amendments and additions. The User shall bear all risks associated with the occurrence of adverse consequences due to the User's failure to comply with the requirements of this clause of the Agreement. 8.17 The User warrants that he/she owns all rights to use the materials and/or any Content posted by him/her during the creation of the Applications. 8.18 When interacting with other Users through the Application, the User realizes and confirms that: 8.19 GoGoBag and Users are completely independent entities that do not influence each other's activities; 8.20 GoGoBag is not responsible for the failure to meet the User's expectations of the services provided by the Carrier in accordance with applicable law for the delivery of the Parcel; 8.21 GoGoBag provides only a software and hardware resource for placing relevant Ads and Applications, as well as enabling Users to communicate with each other through the Application; 8.22 Civil law relations, or other obligations and agreements regarding the delivery of the Shipper's Parcel by the Carrier, as well as settlements between the Carrier and the Shipper, arise exclusively and directly between the Carrier and the Shipper. 8.23 GoGoBag is not responsible for the quality and timing of delivery by the Carrier of the Sender's Shipment. 8.24 The User shall be obliged to familiarize themselves with all the Annexes to this Agreement. The fact of entering into this Agreement means that the User unconditionally accedes to all its annexes and additions.
9. BLOCKING AND DELETING YOUR ACCOUNT
9.1 The User may terminate the relationship with GoGoBag at any time, provided that there are no arrears in payment for the services provided. 9.2 In case of violation of the terms of the Agreement by the User, if GoGoBag has grounds to believe that blocking the User's access to the account is a necessary and exclusive means to ensure the safety of Users or third parties, in order to prevent fraudulent or other illegal actions, GoGoBag has the exclusive right: 9.2.1 terminate the Agreement and block access to the Mobile Application without prior notice and explanation; 9.2.2 delete the account, any feedback, messages, announcements, content, applications posted in the Mobile Application; 9.2.3 restrict the User's access to the functions of the Mobile Application; 9.2.4 temporarily or permanently block the User Account. 9.3 If necessary, the User may be notified of such measures. GoGoBag will, at its sole discretion, decide whether it is appropriate to terminate the measures applied.
10. RESPONSIBILITY OF THE PARTIES
10.1 Each of the Parties to this Agreement shall be solely responsible for non-fulfillment or improper fulfillment of its obligations. 10.2 GoGoBag does not provide delivery, transportation, forwarding services, does not hire Carriers, does not provide agency services, does not provide intermediary services and is not responsible for the improper fulfillment of the Carrier's obligations to the Sender and the Recipient, as well as between Users in general. 10.3 GoGoBag is not responsible for the following: 10.3.1 possible damage caused to the Users in case of improper use of the Mobile Application and/or Services; 10.3.2 for possible losses, data corruption that may occur due to the User's violation of the terms of the Agreement; 10.3.3 for the speed and uninterrupted operation of the Mobile Application, their compatibility with the software and operating systems of the User's devices; 10.3.4 for the presence of errors and/or viruses during the operation of the Mobile Application, interruption of communication channels and failure of the server infrastructure at the level of trunk communication channels, data centers, computer centers, as well as communication lines of regional and local importance, non-fulfillment or improper fulfillment of its obligations due to failures in telecommunication and/or energy networks, as well as unscrupulous actions of third parties aimed at unauthorized access and/or disabling the Mobile Application; 10.3.5 for improper functioning of the User's devices; 10.3.6 for the failure of the Mobile Application and/or Services to meet the User's expectations; for the actions of the Users in the Mobile Application and for the consequences of using the Application; 10.3.7 for the temporary inoperability of payment systems, failure to accept and/or transfer payments of Users caused by reasons beyond the control of GoGoBag, as well as force majeure; 10.3.8 for the content of information posted by the Users in the Mobile Application; 10.3.9 for the use of services, services and products offered to the User on a paid and/or free of charge basis by third parties, in particular those that may be presented in the Mobile Application; 10.3.10 for the risk of switching from the Mobile Application to third-party resources; 10.3.11 for the actions of any third parties, as well as the actions of payment systems, telecommunication operators that are not the actions of GoGoBag; 10.3.12 for placing the Mobile Application, links to it in any unauthorized (unconfirmed) GoGoBag sources (counterfeit Application), as well as for further use of such Application; 10.3.13 for the use of the Mobile Application by third parties who have gained unauthorized access to the device or User's account; 10.3.14 for the Users' compliance with the applicable laws, in particular, but not limited to, tax and business legislation (in case of relevant relations between the User and the state). 10.4 GoGoBag shall not be liable to the User or any third parties for: 10.4.1 any direct and/or indirect losses, including lost profits or lost data, for damage to honor, dignity and business reputation caused in connection with the use of the Mobile Application and/or Services, or the inability to use it. 10.4.2 the content and legality, accuracy of the information used/received by the User while using the Mobile Application; 10.4.3 absence of proposals and responses to the Sender's Applications; 10.4.4 quality and terms of delivery of the Shipment by the Carrier; 10.4.5 compliance of the Shipment (contents of the Shipment) or the procedure for delivery of the Shipment with the applicable law; 10.4.6 fulfillment by the Sender of its obligations to pay the amounts agreed with the Carrier for the delivery of the Shipment. 10.4.7 GoGoBag does not control and does not guarantee the procedure for fulfilling agreements between Users regarding the delivery of the Parcel based on the placement of relevant information in the Mobile Application. 10.5 In order to avoid ambiguity of interpretation, GoGoBag shall not be liable for loss, damage or shortage of the Shipment and other damage resulting from improper performance, non-performance of this Agreement, as well as due to the intent and/or negligence of the User. 10.6 The Parties to this Agreement shall be released from liability for non-fulfillment or partial non-fulfillment of their obligations under the Agreement if they prove that such non-fulfillment was the result of force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions. The Party invoking force majeure shall provide the other Party with a document issued by an authorized body or organization confirming the occurrence and effect of such circumstances. 10.7 If the User's violation of the terms and conditions of this Agreement has become the basis for claims, lawsuits and/or penalty orders from government agencies and/or third parties (in particular, rights holders and consumers) to be filed against GoGoBag, The User undertakes to immediately provide GoGoBag with all requested information (documents) regarding the relevant Order and the items delivered thereunder, to assist GoGoBag in settling such claims and lawsuits, and to compensate for the damages incurred. 10.8 The User agrees that GoGoBag may send legally binding notices to the e-mail address specified by him/her during registration in the Software. The time limit for responding to a written complaint received from the User is 10 (days) from the date of receipt by GoGoBag. The term for consideration of claims received from other persons is 30 (thirty) days from the date of receipt.
11. EXCLUSIVE RIGHTS AND WARRANTIES of GoGoBag
11.1 The Application is protected by the current legislation of Ukraine, including in terms of copyright and intellectual property rights. Exclusive intellectual property rights to the Mobile Application and/or the Website are the property of GoGoBag. Any use of the Mobile Application and/or the Website is allowed only with the permission of GoGoBag. Any use of the Mobile Application and/or the Website without the permission of GoGoBag by any means and for any other purpose is illegal and may result in the User being held liable under the law. 11.2 During the term of use of the Mobile Application and/or the Website, GoGoBag grants the Users a limited, personal, non-exclusive license to use the Mobile Application and/or the Website solely for the purpose of using it under the terms of this Agreement. GoGoBag reserves exclusive rights to intellectual property. 11.3 Users undertake not to take any action: - copying or modifying the software that ensures the functioning of the Mobile Application and/or the website and the provision of the Services by GoGoBag; - to create programs derived from the software that ensures the functioning of the Mobile Application and/or the website and the provision of the GoGoBag Services; - to penetrate the software that ensures the functioning of the Application and/or the website and the provision of the Services by GoGoBag in order to obtain the source code of such software; - sale, resale, or lease;
12. CORRESPONDENCE OF THE PARTIES, WARNINGS AND NOTICES
12.1 By joining this Agreement, the User also accepts the terms of electronic interaction set forth below. 12.2 Correspondence between the Parties regarding the fulfillment of the terms of the Agreement shall be conducted using the official e-mail of each of the Parties. The official e-mail address of GoGoBag is info@gogobag.eu. The official e-mail address of the User is the e-mail address specified by the User during registration. Correspondence between the Parties may be carried out through the function of the Mobile Application, which allows the exchange of electronic messages. Sent messages shall be deemed received by the addressee at the time of their sending by the Party. 12.3 All effective Agreements, rules, addenda to the GoGoBag Agreements shall be concluded, executed and performed in the manner of electronic interaction and, as a general rule, do not require the execution of paper primary accounting documents in accordance with Article 642 of the Civil Code of Ukraine and are equivalent to an agreement signed by the parties. The said Agreement is public in accordance with the provisions of Article 633 of the Civil Code of Ukraine. 12.4 When joining the GoGoBag Agreements, rules, addenda to the Agreements, the Parties use simple electronic signatures, the signature for each of the Parties is a unique e-mail address (login and password of the mail service account or personal account in the Software). 12.5 The Parties have established that an electronic message sent from the Party's electronic mail address, as well as actions and messages using the Account, express the true will of the Party and the intention to conclude, amend or terminate a transaction - in accordance with the meaning of a particular action defined in this Agreement. 12.6 Verification of the authenticity and reliability of the message coming from the Party shall be carried out by comparing the sender's address with the address specified by the User as contact details or with the data of his/her account. 12.7 From the moment of concluding the Agreement, GoGoBag and the User recognize the legal force of messages and actions made and transmitted through the Mobile Application and/or the Website on behalf of the User, as well as using the email specified by the User during the Registration. 12.8 The Parties have agreed that all notices and messages received via the official e-mail address and/or through the Mobile Application and/or website function shall be deemed to have been delivered to the addressee in proper form and shall have the legal force of an official document signed and issued by a party to the Agreement.
13. PERSONAL DATA OF USERS
13.1 As a result of the functioning of the Software, GoGoBag receives from the Users certain personal data provided for in this Agreement or necessary to fulfill the terms of the Agreement. The processing of such personal data is regulated by the Privacy Policy of GoGoBag LLC and is carried out in accordance with the current legislation (General Data Protection Regulation (GDPR) and the Law of Ukraine "On Personal Data Protection") in order to conclude and execute Agreements with personal data subjects or legal entities on whose behalf and/or in whose interests personal data subjects act, as well as for other purposes that intend to join the Agreement. 13.2 GoGoBag may collect anonymous non-personal information provided by Users of the Software. Non-personal information includes any undisclosed information not prohibited by the User that becomes available to GoGoBag when the User accesses and uses the Software. This information may include, but is not limited to, data on the identification of the Software user's browser, operating system, the order and time of visiting pages, the time and date of connection to the Mobile Application, etc. GoGoBag may collect personal information voluntarily and knowingly provided by the Software User when creating an Account in the Software, filling out an Application or registering in another way to receive services, namely, surname and name, mobile phone number and e-mail address, other information entered by the Software User. 13.3 The User is hereby notified of the voluntary disclosure of non-personal information. 13.4 If the User wishes to prohibit the transfer of non-personal information to GoGoBag, such prohibition must be sent by him/her in writing to GoGoBag at the place of registration. The User may specify the personal data of the Sender and/or the Recipient when filling out the Application in the Mobile Application or on the website and unconditionally agrees to obtain approval from such persons to transfer such personal data to GoGoBag for the purpose of fulfilling the Application filled out by the User. 13.5 GoGoBag is not responsible for any risk of adverse consequences that occur or may occur as a result of the User's negligent actions / inaction, non-compliance of the equipment, software or communication channels used by the Users with the established requirements for the protection of personal data from unauthorized (illegal) encroachment by third parties.
14. FINAL PROVISIONS
14.1 Nothing in this Agreement may be construed as the provision of delivery services by the GoGoBag Carrier, hiring of the Carrier for work on a full or part-time, remote or regular basis, in compliance with the rules of internal labor regulations, employment contract and other legal relations. When using the Software, the Carrier shall act independently, proactively and at its own discretion, in its own interests, personal interest. The Carrier confirms and guarantees that it has all necessary permits to perform the Carrier's services and other delivery-related activities using the Software. 14.2 In order to avoid any kind of misunderstanding from the moment of starting to use the functions of the software, the Carrier fully confirms that it: - has the legal capacity to accept the terms of the agreement and is aware of his/her actions; - is fully and completely familiarized with and agrees to the terms of use of the Software set forth in the Agreement; - is not under the influence of deception, fraud, violence, threats and other similar factors; - intends to use the Mobile Application and/or the Website personally, without providing the possibility of using the account to third parties; - has a sufficient level of language proficiency required to fulfill the terms of this Agreement and understands without exception the content of the terms of the Agreement for the purpose of using the Software and executing the Applications. 14.3 The User, regardless of the presence or absence of his/her status for carrying out economic activity, gives his/her consent to GoGoBag to use his/her trademark and company name on the Internet on the GoGoBag website and its subdomains, in the mobile Application and other multimedia products that implement the same functions, in information, marketing and advertising materials, as well as other materials to inform the users of the software about the seller of services and indicate such User as a partner. 14.4 The persons who have accepted this Agreement on behalf of such Party have the proper rights and authority to do so, and their signing of the Agreement has been duly approved and all actions have been taken to ensure the possibility of signing this Agreement and, if it follows from the terms of the Agreement, the fulfillment of obligations hereunder. 14.5 The Party that has accepted this Agreement confirms that it has obtained all approvals, permits, consents, licenses, certificates or other documents required by the Legislation or the constituent or internal documents of such Party to sign this Agreement, to perform this Agreement. Each of the parties that has accepted this Agreement confirms that it is not entering into the Agreement as a result of a combination of unfavorable circumstances on extremely unfavorable terms for itself, and this Agreement is not a binding transaction for such party. The User shall not be entitled to transfer rights and (or) obligations under this Agreement without prior written notice to the other Party. To obtain such consent, the Party shall send a written request to the other Party with a duly certified copy of the agreement on the transfer of rights and (or) obligations under the Agreement to the Third Party. Within two (2) business days from the date of receipt of the request, the Party shall have the right to request documents necessary to verify the Third Party's good faith, in particular, those confirming: the right to carry out certain activities, the powers of the executive body and/or representative, the availability of the necessary material and financial resources, etc. The documents shall be submitted in the form of copies duly certified by the Third Party, and in cases provided for by the Legislation, in the form of originals or copies certified by a specialized body and/or organization. Within 2 (two) business days from the date of receipt of the request and the requested documents confirming the good faith of the Third Party, the Party shall provide the other Party with a written consent or a reasoned refusal of such consent. If a Party fails to provide written consent or a reasoned refusal of such consent within the specified period, the transfer of rights and/or obligations under the Agreement shall be deemed uncoordinated.
15. DISPUTE RESOLUTION PROCEDURE
15.1 This Agreement shall be governed by and construed in accordance with the current legislation of Ukraine. 15.2 The Parties undertake to take all measures to resolve disputes and disagreements through negotiations. 15.3 If it is impossible to settle the dispute through negotiations, disputes arising from the relations between the Parties shall be considered by the judicial authority of Ukraine in the following manner: 15.4 All legal disputes with legal entities and individual entrepreneurs shall be considered in the Arbitration Court at the place of registration of GoGoBag. 15.5 All legal disputes with individuals shall be considered in court: - if the case is under the jurisdiction of the district court - in the district court at the place of registration of GoGoBag. 15.6 An individual who is a consumer of services is hereby notified of the possibility of appealing the territorial jurisdiction of the dispute by sending a written notice of change of this provision of the Agreement to GoGoBag. 15.7 In the absence of a written notice of the possibility of challenging the territorial jurisdiction of the dispute sent to GoGoBag by an individual who is a consumer of services, this provision of the Agreement shall be valid in its original form and shall be legally binding. 15.8 Prior to filing a lawsuit in court in disputes arising out of the relations between the Parties, a claim (written proposal for voluntary settlement of the dispute) shall be filed at the registration address of the other party. 15.9 Within 30 calendar days from the date of receipt of the claim, the recipient of the claim shall notify the claimant in writing of the results of its consideration. 15.10 A claim, as well as a response to it, may be sent by message in the Mobile Application or to the User's e-mail specified during registration and to the GoGoBag e-mail info@gogobag.eu. 15.11 For all issues related to the use of the Mobile Application, the User may contact the Support Service. 15.12 Annexes to the Agreement, which shall be an integral part hereof and shall be binding upon all parties hereto for familiarization, acceptance and execution: - 15.12.1 Appendix 1: Terms of use. - 15.12.2 Appendix 2: Privacy Policy. 15.12.3 In the event of any discrepancies between this Agreement and its annexes, this Agreement shall prevail. 15.12.4 If there is any unresolved issue in this Agreement that is regulated in the appendices thereto, the appendix shall take precedence in this case.
16. REQUISITES
LIMITED LIABILITY COMPANY 'GoGoBeg' USREOU code: 45674927. Postal address: 6A, Larysa Rudenko Street, Kyiv, 02141, room 58, office 2. Location: 02141, Kyiv, 6A Larysa Rudenko Street, room 58, office 2. IBAN: UA213052990000026001006242615, opened at JSC CB 'PrivatBank'. Taxpayer of group III of the single tax without VAT Tel. +38(044)-333-46-42. E-mail: info@gogobag.eu.
GoGoBag

Phone (Ukraine)

+38 044 3501638

Phone (Bulgaria)

+35 92 4372552
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