This End-User License Agreement (the “Agreement”) governs the relationship between “JUST NABI LIMITED”, a Limited Liability Company registered in the Republic of Ireland with company number 588709 (the “Rightholder”), and a legally capable individual, who has duly acceded to this Agreement to use the N.A.B.I mobile application (the “User”).
1.1. The following terms and definitions are used in this document and apply to the relationship between the Parties, arising out of or in connection with it:
Agreement is defined as this document with all supplements, amendments and binding instruments mentioned in it.
User is defined as a legally capable individual, who has acceded to this Agreement in his/her own interest for the purpose of further use of the mobile application.
Website/Websites is/are defined as any of automated information systems accessible via the Internet at the IP address in the following domains: www.justnabi.com; www.justnabi.net; www.justnabi.org; www.justnabi.ru.
The N.A.B.I mobile application is defined as application software intended for the installation and use on the Device, and enabling the User to get access to the Service using the communication network.
Device is defined as a personal computer, tablet computer, mobile phone, communicator, smartphone, any other device enabling to use the Application and/or the Service for the intended functional purpose.
Service is defined as a package of services provided to the User with the use of the Application. The N.A.B.I service offers the User a free-of-charge opportunity to post information about the User’s potential offer of and demand for the services related to the carriage of passengers and baggage, as well as an opportunity to search such offers basing on the parameters set by the User. All currently existing functions of the Service, as well as any development and/or addition of new functions, shall be the subject of these Terms.
Content is defined as any images, texts, audio and video materials, as well as any other items subject to copyright and related rights, as well as any other information or messages posted by the Users.
User account is defined as an account created by the user to use the Service.
Trip is defined as a trip arranged and agreed by the Users (the Driver and the Passenger) using the application.
1.2. The use by the User of the Application and/or the Service, based on it, in any manner and in any form within the scope of their stated functionality and purpose, shall be proper evidence of full and unconditional acceptance by the User of the terms of this Agreement. Should the User disagree with any provisions of this Agreement, he/she shall not be authorized to use the Service.
1.3. The provision of the Services shall be governed by the terms of this Agreement and by all amendments made hereto, which shall be published by the Rightholder on the Website pages and/or in the Application.
1.4. The Agreement, including the binding instruments relating to it, may be amended by the Rightholder unilaterally without any special notice. A new version of the Agreement and/or any binding instruments mentioned herein shall enter into force upon posting on the Website and/or in the Application, except as otherwise provided by such new version of the Agreement and/or such binding instruments mentioned herein.
It is understood that the Users shall be deemed to have accepted any such modifications to the Services, if they use any services via the Application upon publication of such modifications on the Website and/or in the Application.
2.1. The Service shall be provided to the User for a personal non-commercial use.
2.2. The Rightholder shall not provide directly any transportation or carriage services. The Application shall constitute solely an information platform created for the interactions between the Users.
An agreement regarding the Trip shall be made between the Driver and the Passenger. The Rightholder shall not become a party to any contract or transaction between the Users, and shall not be liable for any obligations, arising in connection with the Users' bookings and the arrangement of the Trip.
2.3. The Application enables the Users to send requests to each other regarding the provision of transportation services. A GPS receiver that should be installed on a relevant mobile device (smartphone), to which the Application will be downloaded, will determine the User-Passenger's position and will send the information of its location. The User-Driver shall at his/her absolute discretion accept or reject each request for the provision of transportation services. Should the User-Driver accept a request, the Application shall notify the User-Passenger about that and shall furnish information about the User-Driver, including his/her name, driver's license number, number and date of issue of the permit to carry out the activity related to the carriage of passengers by a taxi car, make and registration plate of the motor vehicle and the driver’s contact telephone number.
All conditions of the Trip (cost, presence and amount of baggage, whether or not it is allowed to carry animals, etc) shall be agreed directly by the Users between each other.
The Application enables to track on a real-time basis the position of the motor vehicle, the Driver of which has accepted the Passenger's request.
2.4. On the Passenger's demand, the Driver shall be obliged to immediately present his/her driver's license to the Passenger, a permit to carry on the activity related to the carriage of passengers by a taxi car, a compulsory motor third party liability policy and relevant documents authorizing to drive the motor vehicle and to carry passengers.
2.5. The Driver shall be obliged to use only motor vehicles in good repair. The Driver shall be liable for a proper technical condition of the motor vehicle and any harm caused to the Passenger due to any malfunction of the motor vehicle, in the manner and to the extent stipulated by applicable laws of the Republic of Ireland.
2.6. The Rightholder will not conduct any checkup and will not make any warranties or representations regarding appropriate coverage of the Driver’s liability by an insurance policy held by the latter; and under no circumstances the Rightholder will act as a guarantor of the Driver’s driving skills, the technical condition of his/her motor vehicle, lawfulness of its use or any other aspects pertinent to the Trip.
2.7. The Application and the Service will be used by the Users free of charge.
The Rightholder reserves the right to commence charging of a fee for the logging on or/and use of the Application and/or the Service upon making relevant amendments to this Agreement. Upon making of such amendments to the Agreement, these amendments shall enter into force and shall become binding on the Users upon publication of the same on the Website and/or in the Application. It is understood that the User may terminate the use of the Application by deleting his/her account.
2.8. To have an opportunity to use the Service, each User shall create an account, provide his/her personal information and give consent to the Rightholder for the processing of his/her personal data and disclosure of the same to other Users under the terms set forth in the Confidentiality Policy (section 7).
No persons under 18 years old at the time of logging on shall be allowed to use the Application.
While logging on, the Users-Drivers shall furnish such details as make and registration plate of the motor vehicle, valid driver’s license, number and date of issue of the permit to carry on the activity related to the carriage of passengers by a taxi car, as well as name and contact telephone number.
The Users-Passengers may use the taxi call service without the logging on procedure. To have access to all functions of the Service, the Users-Passengers have to log in, specifying the name, telephone number, and other personal details should they so wish.
The Users agree and represent that all information, furnished by them to the Rightholder, is at the time of creation of their accounts will be any other time valid, complete and accurate in all respects. Furthermore, the Users agree that any information, furnished to the Rightholder or published in the Application in respect of the trips and motor vehicles, is valid too.
2.9. The Rightholder shall not be liable towards the Users for any incomplete, inaccurate, misleading or invalid information, furnished by any other User. The Rightholder shall not be liable for any direct or indirect damage caused to the User or any third parties as a result of any use of the Service.
2.10. The User will not be able to create more than one account. It is forbidden to create accounts on behalf of any other person or aiming to represent falsely oneself to be another person.
2.11. The Rightholder shall not be liable for the content and/or relevance of the information provided by the Users, including any information on the carriage service fees. The interactions between the Users in terms of purchase of the services shall be arranged by the Users themselves (without the Rightholder’s involvement) on the basis of the User-Driver’s rates for the rendered services. The Company shall not be liable for any financial or any other transactions made between the Users, as well as for any implications, arising as a result of such interactions between the Users in connection with the arrangement of the trips using the Service.
2.12. In the event that the User furnishes any invalid information or where the Rightholder has reasons to believe that the information, furnished by the User, is incomplete or invalid, the Rightholder shall be entitled, at its discretion, to block or delete the User's account, and to terminate the use by the User of the Application in full or in a particular part.
2.13. The Rightholder reserves the right to request the User to confirm the details, entered at the time of the logging on, and to present in this connection any evidencing documents (in particular, his/her driver’s license, certificate of registration of the motor vehicle, etc); and the failure to produce such documents may be deemed to be equivalent to the presentation of invalid information and may entail the consequences contemplated by clause 2.12. hereof. In the event that the User’s details, given in such presented documents, are different from the data entered while logging on, or if the data entered while logging on makes it impossible to identify the User, the Rightholder shall be entitled to take the measures stipulated by clause 2.12. of the Agreement.
2.14. The User’s details, contained in the User’s account and Personal Area, shall be kept and processed by the Rightholder in accordance with the Confidentiality Policy (section 7).
3.1. The User shall be obliged:
3.1.1. Not to take any actions aimed at impairing the operation of the Mobile Application, getting unauthorized access to the Mobile Application, the source code, as well as to any data published on the Website and in the Mobile Application;
3.1.2. To use the Mobile Application for its intended functional purpose and only to the extent of the rights and in the manners stipulated by the Agreement.
3.2. The User shall not be entitled:
3.2.1. To extract from the databases, included in the Mobile Application, any cartographic, reference information and other Materials, and to further use the same in any form and in any manner;
3.2.2. To reproduce, distribute or otherwise use the Mobile Application for commercial purposes;
3.2.3. To copy, reproduce, process, distribute, post for free access (publish) on the Internet, use in the mass media and/or for commercial purposes any Materials of the Mobile Application, either directly extracted from the databases, which are included in the Mobile Application, or obtained by copying the products of the data processing using the Mobile Application, as well as derivatives of such materials (with additions, reductions and other processing), elements of design solutions and information layout, which are used in the Application, except as otherwise expressly provided by the Agreement.
3.3. The Rightholder shall be entitled:
3.3.1. To send the User in any manner relevant information on the functioning of the Application, in particular, to send any advertising, information and other messages to the email address or the telephone number, specified by the User, or to publish such relevant information in the Application.
3.3.2. To process the User’s personal data or to disclose the same to any third parties for the purposes of this Agreement and for settling any claims connected with the performance of this Agreement.
3.3.3. To suspend, limit or terminate the access to the Application upon discovery in the User’s actions of any signs of breach of the terms of this Agreement, the rules of applicable laws of the Republic of Ireland, without giving reasons for such measures and without indemnifying the User for any losses incurred.
4.1. The Parties shall be held liable for breach of any terms of this Agreement in accordance with applicable laws of the Republic of Ireland.
4.2. The Mobile Application shall be provided in the form, in which it has been created by the Rightholder, and in this connection no warranties are provided to the User regarding conformity of the Mobile Application to the User’s requirements and continuous, quick, reliable and error-free operation of the same.
4.3. The Rightholder shall not be liable for any delay, malfunction or impossibility of full use of the Mobile Application, which directly or indirectly results from any acts or omissions of/by any third parties and/or inoperability of the information resources (Internet) located beyond the limits of the Rightholder’s own resources. The User agrees that for the installation and operation of the Mobile Application, the User should use relevant software (Web browsers, operating systems, etc) and hardware (user terminals, network equipment, etc), manufactured and provided by any third parties; and the Rightholder may not be held liable for quality of their operation.
4.4. The Rightholder will not be a party to any agreements between the Driver and the Passenger, and shall not be liable towards the Users for any losses incurred by them as a consequence of use of the Service, in particular as a result of:
- provision by the User of any inaccurate or invalid information;
- cancellation of the Trip by the Driver or the Passenger;
- breach of the obligations related to the settlement of accounts between the Users;
- any fraud, fraudulent misrepresentation or default or breach of any of the above Terms by the User's before, during or after the Trip.
The Rightholder shall not be liable towards the User for any losses incurred by the latter, loss of reputation, collapse of any deals, lost profits, reduction of the expected economy or disappearance of the opportunity to generate profits, as a result of use of the Service.
4.5. The User shall be solely liable for the compliance, using the Mobile Application, with the requirements of applicable laws of the Republic of Ireland, as well as for the observance of all third party rights and legitimate interests, and for the performance of the assumed obligations.
4.6. Should the User be in breach of the terms of this Agreement, the Rightholder reserves the right to store the information about such breach, to publish it or to disclose the same in the User’s online profile, and to suspend or terminate the User’s access to the Application.
4.7. The Rightholder will not check up the content, validity and security of the Content or its components, posted by the User, and will not verify compliance of the same with the requirements of applicable laws and possession by the Users of a relevant scope of rights for their distribution and/or use.
4.8. The User shall be solely liable for the conformity of the Content, posted by the User, to the requirements of applicable laws, including liability towards third parties in the cases, when publication by the User of such Content or its components infringes any third party rights and legitimate interests, including, without limitation, any non-personal rights of authors, other intellectual properties rights of third parties, and/or encroaches any intangible benefits belonging to them.
4.9. Should the Rightholder be held liable or be subject to any punishment due to any infringement of third party rights and/or interests or breach of any restrictions or limitations by the User, such User shall be obliged to indemnify the Rightholder for all losses, incurred by the latter, in full.
5.1. The Application may contain links or provide access to any other websites (third party websites) and any content of such websites, constituting the intellectual property of any third parties and protected in accordance with the laws of the Republic of Ireland.
The said websites and their content will not be checked up by the Rightholder in terms of their compliance with the laws of the Republic of Ireland.
5.2. The Rightholder shall not be liable for any information or content published on any third party websites, to which the User gets access via the Application, including, without limitation, any opinions or assertions posted on such third party websites.
5.3. The User acknowledges that upon following a link, given in the Application, to a third party website, the relationship between the company and the User will discontinue, in which case this Agreement shall not extend to the User after that, and the Rightholder shall not be liable for the use of the content by the User, lawfulness of such use and quality of the content published on such third party websites.
6.1. For the purposes of this Agreement and for its term, the Rightholder shall grant the User on a free-of-charge basis a nonexclusive right (nonexclusive license) to have access and to use the Mobile Application in the following manners using the Mobile Devices:
• the right to install (to store in the memory of the Mobile Device) one copy of the Mobile Application;
• the right to run the Mobile Application for using the same for the purpose of getting the Services by the User personally.
6.2. The License shall extend to any updates, additions, additional components, which may be provided, or the access to which may be provided by the Company, as well as by its partners or counterparties during the use of the Mobile Application by the User, where the right to use such updates, additions, additional components does not transfer by virtue of separate agreements.
6.3. Such License shall not be limited to the territory of the Republic of Ireland and shall extend to the territories of the states, where the Application can be used.
6.4. This Agreement shall not grant the User the rights to:
• the elements (parts, components) of the Application, including the photos, pictures, graphics, animation, sounds and other Content;
• means of identification of persons, goods, works, services, including, without limitation, logos, trademarks, service marks, brand names;
• other software.
7.1. The Rightholder will collect the information provided by the User voluntarily while creating or modifying his/her account, ordering any services or requesting any assistance or otherwise. Such information may include: The name, email address, telephone number, profile photo, fulfilled orders and other information furnished by the User.
7.2. The Rightholder may use any information, received from the User, for the following purposes:
for the presentation, maintenance and upgrading of the Mobile Application, including, without limitation, for example, development of new functions, provision of support to the Users, design of security tools, authentication of users, dispatch of updates;
for conducting any internal operations, e.g. for the prevention of fraud or misuse of the Services; for correcting any software errors and technical malfunctions; for the data analysis, testing and research; as well as for the monitoring and analysis of the use and operating trends;
for sending any messages or simplifying the communication between the Users;
for sending the Users any messages, in particular, regarding any products, services, promotion actions, news and events, where permissible and in accordance with applicable local laws; and for conducting any contests, prize draws or any other promotion actions, and for giving appropriate prizes.
7.3. The Rightholder may disclose any information, received from the User, to any third parties:
engaged by the Rightholder for the exercising by such parties, under the Rightholder’s instruction, of particular powers of the Rightholder (e.g. for checking any information furnished by the Users);
in response to a formal request from any court, law enforcement and governmental agencies;
if the Rightholder for any other reasons notifies the User of the necessity of disclosure of such User's details, and the User gives his/her consent to such disclosure;
in a generalized and/or anonymous form that will objectively make it impossible to identify relevant Users.
8.1. This Agreement is governed by and construed in accordance with the laws of the Republic of Ireland. Any aspects, which are not regulated by this Agreement, shall be resolved in accordance with the laws of the Republic of Ireland. All eventual disputes, arising out of the relationship, governed by this Agreement, shall be subject to resolution in the procedure established by applicable laws of the Republic of Ireland pursuant to the rules of the Ireland law.
8.2. Should for some reason or other any one or more provisions of this Agreement be declared invalid or void, such declaration shall not affect the validity or applicability of all other provisions of the Agreement.
8.3. All disputes, arising out of or in connection with this Agreement, shall be subject to resolution by a court at the Rightholder's location in accordance with applicable procedural laws of the Republic of Ireland.
Name: “JUST NABI LIMITED” LLC
Registration number: 588709, the Republic of Ireland
Address: COLIEMORE HOUSE
3 COLIEMORE ROAD
Republic of Ireland
Post code A96 A8D5
Version of the Agreement dated 12.10.2016.