User agreement on the general terms of use of the mobile application «Mening
yo'nalishim»
This user agreement on the general terms of use of the
mobile appliction «Mening yo’nalishim» (hereinafter referred to as the
Agreement) establishes the terms of use of the mobile application for
Devices and is subject to conclusion between the Copyright Holder and the
User.
1. TERMS AND DEFINITIONS
1.1. Copyright holder –Limited
Liability Company SMART SOFT DEVELOPMENT.
1.2. User – the individual
who installed the Application on the device.
1.3. App – The Mobile
application «Mening yo'nalishim», the exclusive right to which belongs to
the Copyright Holder by virtue of the fact of creation.
1.4. Device
–mobile technical device with access to the Internet, the Application is
installed.
2. SUBJECT TO CONTRACT
2.1. This Agreement defines
the general procedure and relations between the Copyright Holder, who is the
owner of the exclusive right to the Mobile Application «Mening yo'nalishim»
and the User using the Application. This Agreement is a public offer in
accordance with article 369 of the Civil Code of the Republic of Uzbekistan,
addressed to individuals, on the terms of this Agreement.
2.2. The
Copyright Holder grants the User the right to use his software as a part of
the work with the Application and its Services, in full accordance with this
Agreement.
2.3. The User is granted the following rights to use the
Application: copying and installation in the Device memory, playback on the
Device, use of the Application for its intended functional purpose for the
purposes specified in this Agreement.
2.4. The validity period of the
right to use is from the date the User starts using the Application and the
User accepts the terms of this Agreement until the moment the Application is
removed from the Device.
2.5. By agreeing to the terms of this
Agreement, the User confirms his right - and legal capacity, confirms the
accuracy of his personal data and assumes full responsibility for their
accuracy, completeness and reliability.
2.6. The Copyright Holder
assumes the improvement and modification of the Application, the
introduction, removal of certain functions and capabilities, in connection
with which this Agreement may be changed and / or supplemented by the
Copyright Holder unilaterally. Continued use of the Application after making
changes and/or additions to this Agreement confirms the User's consent to
such changes and/or additions. If the User disagrees with any of the
provisions of these documents, the User is not entitled to use the
Application.
2.7. By accepting the terms of this Agreement, the User
confirms his consent to receive information about the functioning of the
Application and its Services, including receiving advertising, informational
and other messages in the Application itself.
3. GENERAL PROVISIONS
3.1. Activation of the Application in accordance with this Agreement
and its further use is a confirmation of acceptance of all the terms of this
Agreement.
3.2. The application allows Users to track the movement of
public transport in the city of Tashkent using a mobile phone.
3.3. To
start using the Application, the User installs it on the Device.
3.4.
The User undertakes to properly comply with the terms of this Agreement.
3.5. The User is granted the right to use the Application solely for
the purpose of personal non-commercial use. In this case, the User can use
the Application solely in accordance with the terms of this Agreement.
3.6. The User undertakes not to use the Application in violation of
the rights and legitimate interests of the Copyright Holder, other copyright
holders, third parties, this Agreement and the legislation of the Republic
of Uzbekistan.
3.7. The User is prohibited from independently or with
the involvement of third parties to decompile, modify, decode, disassemble,
emulate the Application, including its Services, as well as distribute,
communicate to the public and provide other access to the Application and
Services, reverse-engineer the Application or its individual Services.
3.8. The User is responsible for using the Application and its
Services in any way not expressly specified in this Agreement.
3.9.
The User is not entitled to carry out any unauthorized actions with the
Application, including distributing the Application or its individual
Services through various Internet resources and portals, hacking the
functionality of the Application, using parts of the Application or Services
in other mobile applications.
3.10. Any payments for communication
services, including those provided by mobile operators or Internet service
providers, are paid by the User independently.
3.11. The Copyright
Holder has the right to transfer the rights and obligations under this
Agreement to third parties for the purpose of executing this Agreement
without the additional consent of the User.
3.12. The Copyright Holder
has the right to block the User's access to the Application or its
individual Services in case of violation by the User of the obligations
specified in this Agreement.
3.13. The Copyright Holder reserves the
right to terminate this Agreement at any time for organizational or
technical reasons unilaterally by deleting the Application from the User's
mobile device or blocking the possibility of its further use.
4.
ADDITIONAL TERMS
4.1. In order to improve and increase the quality and
stability of the Application, the Copyright Holder has the right to collect,
store and process statistical information about the User's use of the
Application, record the User's actions in the Application, process the
received data independently or with the involvement of third parties.
4.2. The terms of the Agreement apply to any updates / new versions,
additions to the Mobile Application, unless a separate agreement is attached
to such an update.
4.3. By agreeing to install an update/new version,
addition to the Application, the User accepts the terms of the Agreement for
the relevant updates/new versions of the Application, unless the
update/installation of a new version of the Application is accompanied by a
different agreement.
5. RESPONSIBILITY OF THE PARTIES
5.1. The
User is solely responsible to third parties for their actions related to the
use of the Application and its Services, including if such actions lead to a
violation of the rights and legitimate interests of third parties, as well
as for compliance with the law when using the Application and its Services.
The Copyright holder is not responsible for lost profits, lost income, data
loss, financial and (or) other losses, as well as for indirect and (or)
unforeseen damage, unless otherwise provided by law.
5.2. In case of
violation of the rules for using the Application, the obligations of the
User and the prohibitions specified in this Agreement, as well as in case of
violation of clause 5.3. of this Agreement, the User undertakes to
compensate the Copyright Holder for losses caused by such actions in full in
accordance with the current legislation of the Republic of Uzbekistan.
5.3. The User guarantees that he will not take any actions aimed
solely at causing damage to the Copyright Holder, cellular mobile operators,
copyright holders or other persons.
5.4. In case of any disputes or
disagreements related to the execution of this Agreement, the User and the
Copyright Holder will make every effort to resolve them through negotiations
between them. In case if that disputes are not resolved through
negotiations, then disputes are subject to resolution in the appropriate
competent court at the location of the Copyright Holder in the manner
prescribed by the current legislation of the Republic of Uzbekistan, the
language of legal proceedings is Uzbek.
6. FINAL PROVISIONS
6.1.
This Agreement comes into force for the User from the moment of installation
and acceptance of the terms of the user agreement in the Application and is
valid indefinitely.
6.2. If any provision of this Agreement is held
invalid, the validity or enforceability of the remaining provisions of this
Agreement shall not be affected.
6.3. The current version of this
Agreement is posted on the Website of the Copyright Holder and is available
on the Internet at: _____________
6.4. The User can leave questions,
appeals and claims related to the use / inability to use the Service, as
well as possible violation of the law and / or rights of third parties
should be in the Application itself in the section _________.
6.5.
Third parties may be involved in the execution of this Agreement. The User
confirms that these third parties are granted the same rights as the owner
of the rights to the Application, including in relation to the User's
personal data.
6.6. Unless proven otherwise by the User, any actions
performed using his mobile device are considered to be committed by the
relevant User. In case of unauthorized access to his mobile device, the User
is obliged to immediately notify the Copyright Holder in accordance with the
established procedure.
6.7. The Copyright Holder does not guarantee
that the Application and its individual Services will function in accordance
with the User's expectations. In addition, the Copyright Holder is not
responsible for providing information in the Application if the User's
Device has malicious programs (malicious codes, viruses) that can serve as a
factor for modifying, changing the information provided through the
Application.