Delivery service addendum

This Addendum (the "Addendum") to the E-Service Agreement (the "Agreement"), by and between Yandex.Go Israel Ltd. (the "Yandex"), and the undersigned (the "Customer"), is entered into at Tel-Aviv.

WHEREAS, Yandex and the Customer have entered into the Agreement; and

WHEREAS, Customer wishes to participate in Yandex's delivery service program by entering into one year agreements (within the meaning of section 510(b)(2) of the Transportation Regulations, 5721-1961 (“Section 510(b)(2)”)) with Users (the "Delivery Service Agreement"); and

WHEREAS, the Parties wish to amend certain terms of the Agreement, as set forth and detailed in this Addendum.

NOW, THEREFORE, the Parties agree as follows:

1. This Addendum is entered into electronically and becomes binding upon the parties as of the date of Customer's acceptance of its terms and conditions. The Customer confirms its' full and unequivocal acceptance of the Addendum and its terms and conditions by pressing the relevant button in the Yango mobile application ("Application") operated in Israel by Yandex and (or) its affiliates. The Customer may request a printed copy of the Addendum by sending a request to requests.israel@yandex-team.com.

2. The preamble to this Addendum constitutes an integral part hereof. Any capitalized term not otherwise defined herein shall have the same meaning ascribed to it in the Agreement (including without limitation the General Terms).

3. By entering into this Addendum, the Customer unconditionally agrees:

3.1. to be bound by the Delivery Service Agreement with any User that accepted it’s terms; and

3.2. to act in a capacity of a ‘Service Provider’ alone or together with other ‘Service Providers’ pursuant to the terms of the Delivery Service Agreement with regard to that User.

4. The binding form of the Delivery Service Agreement, as amended from time to time, is and shall be available at the relevant section of the Application. A draft of the Delivery Service Agreement is attached hereto as Appendix A for informational purposes only.

5. The Customer agrees and acknowledges:

5.1. its full and complete awareness and understanding of the content of Section 510(b)(2) and the Delivery Service Agreement as well as the consequences of entering into the Delivery Service Agreement with Users;

5.2. that, among other things, it had the opportunity to receive appropriate legal, tax, business, and any other advice and to make all relevant enquiries with regard to Section 510(b)(2) and the Delivery Service Agreement and had done it to the extent it considered necessary;

5.3. that all information relevant to the Addendum and the Delivery Service Agreement was provided to it in full by Yandex before execution of the Addendum;

5.4. that the Customer has no exclusivity with regard to the Delivery Service Agreement with regard to any User.

6. It is agreed that, with respect to each delivery provided pursuant to the Delivery Service Agreement (a "Delivery"), notwithstanding anything to the contrary contained in Section 8 of the Agreement and any other relevant provisions, the following shall apply:

6.1. The Customer shall be, and shall ensure the Drivers associated with the Customer are, in full compliance at all times with the provisions of the Delivery Service Agreement, as shall be amended from time to time. Yandex shall issue an Electronic Notice to the Customer of any material changes made to the Delivery Service Agreement.

6.2. Any Request for a Delivery received on the Service for Driver may be tagged as "delivery" or otherwise.

6.3. The Customer, and the Drivers associated with the Customer, shall be obligated to respond to any Request made by a User for a Delivery, provided that they have necessary capacity and availability to provide the Delivery at the time of the relevant Request.

6.4. For each Delivery, the Customer shall ensure that the Driver (i) sets the taximeter to "written agreement drive" mode; and (ii) holds a permit available in the Vehicle as required under the applicable law, which will be provided through the Service for Drivers or by any other means.

6.5. For each Delivery payment shall be made under the terms of the Application from the user the Customer shall be solely responsible for all tax obligations, and these tax obligations will apply exclusively to the Customer, with regard toYango does not and will not have any tax obligation with regard to (i) any Transfer or other services that has been provided by the Customer to the User with, through, or by means of Yango’s Service, (ii) reporting and paying the tax liability for the services provided by the Customer to the User, and (iii) issuing tax invoices associated with these Transfer or other services to the User under the relevant law and regulations.

6.6. Yandex and the Customer agree and acknowledge that Section 8.1 of the General Terms shall not apply to Deliveries and the Maximum Tariffs for the Deliveries shall be the relevant maximum tariffs as available at the relevant section at yango.yandex.com/action/israel/delivery/delivery at the relevant time. The Maximum Tariffs for the Deliveries may or may not be higher than the tariffs established by the Writ Supervising Prices of Goods and Services (Taxi Fares) - 2020, or legislation that may replace it.

6.7. The Customer, and the Drivers associated with the Customer, shall be obligated to check the parcel subject of the Delivery ("Parcel") upon arrival at the Pick-up location and to ensure that the Parcel is properly packaged and shows no signs of damage. Notwithstanding the foregoing, it clarified that the Delivery Service may not be used to deliver any of the following items:

  • narcotic drugs; psychotropic, potent, toxic, radioactive, explosive, poisonous, caustic, flammable, and other dangerous substances, including those under pressure;
  • firearms; pneumatic, gas or cold weapons and their parts, ammunition, fireworks, flares and bullets;
  • foreign currency and banks notes;
  • items and substances which, due to their nature or packaging may constitute a danger to people, or soil or ruin (damage) other cargo, surrounding people or items;
  • items requiring transportation in specially equipped vehicles, including but not limited to, refrigerated goods, food and beverages, and consumables;
  • fragile items without special packaging;
  • items that you do not have the legal right to deliver;
  • objects with a monetary value exceeding 500 NIS, or items of special personal value such as crafts, jewelry, gold and silver coins;
  • hazardous substances or substances that may harm or endanger human or animal life;
  • objects that are prohibited from being sent under any law, or that a special license is required to be sent, including, but not limited to drugs, pharmaceuticals, biological and chemical materials;
  • objects and items exceeding 20 kilos and/or 150 cm in length, width and height in total; long objects exceeding 150 cm in length.
  • any other items for which delivery is prohibited or limited in Israel.

6.8. The Customer, and the Drivers associated with the Customer, will deliver the Parcel directly and with no delay to the recipient of the Parcel (“Recipient”) at the destination, all as specified on the Service for Driver. In the event the Recipient is unavailable or does not accept the Parcel, the Customer or the Driver may contact the User and return the Parcel to the User, or if they are unable to coordinate returning the Parcel to the User, they may put the Parcel in storage with the Customer or reasonably act otherwise. 30 days after the Parcel is put in storage as aforementioned, the Parcel may be destroyed.

7. The Customer instructs Yandex to provide management services regarding the Delivery Service Agreement, which includes a right of Yandex to amend the Delivery Service Agreement from time to time as it deems necessary in its sole discretion. The Customer undertakes not to attempt to interfere with this activity of Yandex.

8. If the Customer and (or) its associated Drivers charge a Transfer Fee in excess of the Maximum Tariff (as set forth in Section ‎6.6) and (or) are otherwise incompliant with the provisions of the Addendum, Yandex may terminate the Addendum by an Electronic Notice to the Customer and the termination will be effective immediately upon sending the Electronic Notice.

9. Yandex may terminate the Addendum by an Electronic Notice to the Customer and the termination will be effective on the tenth (10th) calendar day from the receipt of that Electronic Notice by the Customer.

10. The Customer may terminate the Addendum by an Electronic Notice to Yandex and the termination will be effective on the tenth (10th) calendar day from the receipt of that Electronic Notice by Yandex.

11. If the Addendum is terminated and (or) the access to the Service is terminated, for any reason, Yandex shall delete the Customer from the list of ‘Service Providers’ associated with the Delivery Service Agreement.

12. A suspension of the access to the Service for any reason shall automatically result in a contemporaneous suspension of the distribution of Requests related to the Delivery Service Agreement.

13. All terms of the Agreement, including the terms on termination of the Agreement, and termination and (or) suspension of the access to the Service, shall remain in full force and effect, subject to the express revisions in this Addendum. In the case of any contradiction between this Addendum and the Agreement, the contents of this Addendum will prevail.

Appendix A

(section ‎4)

Delivery Service Agreement

for information purposes only

DELIVERY SERVICE AGREEMENT

These terms of service constitute a legally binding agreement ("Agreement") between you ("User" or "You") and each of the service providers available as described in section ‎7 below (jointly the "Service Providers" and each individually a "Service Provider") governing Your use of delivery services offered by the Service Providers for a fixed quoted fee ("Delivery Service"). You and the Service Providers are jointly referred to as the "parties" and each individually as a "party". A reference to a Service Provider and the Service Providers also includes references to their relevant employees, officers, and contractors who actually provide the Delivery Service.

THE MAXIMUM TARIFFS AS ESTABLISHED BY THE WRIT SUPERVISING PRICES OF GOODS AND SERVICES (TAXI FARE) - 2018, OR LEGISLATION THAT MAY REPLACE IT, SHALL NOT APPLY TO THE DELIVERY SERVICE AND THE FEES PAID FOR THE DELIVERY SERVICE MAY OR MAY NOT BE HIGHER THAN SUCH MAXIMUM TARIFFS.

The Agreement is entered into electronically and becomes binding upon the parties as of the date of your acceptance of its terms and conditions. You confirm Your full and unequivocal acceptance of the Agreement and its terms and conditions by pressing the relevant button in the Yango mobile application ("Application") operated in Israel by Yandex.Go Israel Ltd. and (or) its affiliates ("Yandex"). Yandex.Go Israel Ltd. and its affiliates provide the Application as means to display the Agreement only and not as parties to the Agreement. You may request a printed copy of the Agreement by sending a request to requests.israel@yandex-team.com.

By entering into the Agreement, You expressly acknowledge and agree that You:

(i) understand the nature and all provisions of the Agreement,

(ii) will use the Delivery Service routinely in full compliance with the terms and conditions of the Agreement, and

(iii) unconditionally accept the terms of the Agreement in their entirety.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU SHALL EITHER PRESS THE RELEVANT BUTON IN THE APPLICATION, OR DELETE THE APPLICATION FROM YOUR MOBILE DEVICE, OR STOP USING OR ACCESSING THE DELIVERY SERVICE.

1. Use of the Delivery Service.

a. In order to use the Delivery Service You must (i) have the Application installed on your mobile device, (ii) be a registered user of the Application, and (iii) have accepted the terms of the Agreement.

b. You may request a quote ("Request") through the Application for use of the Delivery Service with respect to a specific delivery that meets the following criteria ("Delivery"):

i. Pick-up location: Tel Aviv and the surrounding area, other locations as they may become available;

ii. Destination location: Tel Aviv and the surrounding area, other locations as they may become available;

iii. Payment method: credit card only.

c. You may make a Request for a Delivery only after the parcel subject of the Delivery is properly packaged and ready to be delivered ("Parcel").

d. When making a Request, You will specify the shipping information, including the exact address of the Parcel delivery destination (“Delivery Destination”), the recipient of the Parcel (“Recipient”) and Recipient information including name and telephone number (“Recipient Details”) and any information relevant to the Parcel. A Parcel should not be larger in its dimensions than a suitcase that can fit in the trunk of a standard vehicle. If the Parcel has fragile content, this should be explicitly stated in the Request and on the packaging of Parcel, and the Parcel should be packaged accordingly.

e. Following a Request, You will see a quoted fee for the Request. The quote is subject to change until the Request is confirmed by a Service Provider.

f. The fees quoted for the same ride under the Agreement depend upon the demand, traffic conditions, pick-up and (or) destination location, time of the Request and other factors, . They also may differ from the fees quoted by the Service Provider for services rendered outside the scope of the Agreement.

g. If You change the destination of the Delivery, make multiple stops, or make any other deviation(s) as a result of which the parameters of the ride no longer comply with the information provided in Your Request, the Service Provider may (i) increase the fee charged for the Delivery Service regarding that Delivery or (ii) cancel the Delivery.

h. If the Parcel is not ready for Delivery, if the Recipient is unavailable to collect the Parcel, in case of cancellation, or if the information provided by the User in the Request is inaccurate and (or) insufficient, the User may be charged a fee as calculated by the Application. More information, as may be amended from time to time, is available in the following link: yango.yandex.com/action/israel/delivery/delivery

i. It is clarified that the Service Providers are obligated to respond to any Request made by the User provided that they have necessary capacity and availability to provide the Delivery at the time of the relevant request.

j. It is clarified that the Service Providers are obligated to issue a tax invoice as determined under the Israeli Law.

k. Prior to handing the Parcel to the Service Provider, You will be responsible for verifying the contents of the Parcel, and the proper packaging of the Parcel, including sealing, and protection appropriate to the contents of the Parcel, as well as specifying any relevant details for the Parcel Delivery at the Delivery Destination, including the Recipient Details.

l. You will hand the Parcel to the Service Provider upon arrival at the pick-up point, after having performed identification of the Service Provider arriving to collect the Parcel before Delivery. It is clarified that You are responsible for the handing of the Parcel to the Service Provider.

m. You are responsible for the Recipient to be present when the Parcel arrives at the Delivery Destination and that the Recipient accepts the Parcel. In the event the Recipient is unavailable or does not accept the Parcel, the Service Provider may contact the User and return the Parcel to the User, or if the Service Provider is unable to coordinate returning the Parcel to the User, it may put the Parcel in storage or reasonably act otherwise.

n. It is hereby agreed that 30 days after the Parcel is put in storage as aforementioned, the Parcel will be destroyed. Yandex and (or) the Service Providers are not responsible for guarding the Parcels that are not accepted by the Recipient as aforementioned.

o. You declare and acknowledge that You have received the Recipient's explicit prior consent to (a) use the Recipient Details for the purpose of providing the Delivery Service, (b) provide the Recipient Details to Yandex, who may provide them to the Service Providers and the drivers associated with the Service Providers, and (c) the use of the Recipient's information and Recipient Details by Yandex, the Service Provider and (or) the drivers associated with the Service Providers, for the purpose of providing the Delivery Service, including sending the Recipient messages in connection with the Delivery Service.

2. Permitted Uses of the Delivery Service.

a. The Delivery Service is provided to the User for personal non-commercial use.

b. You may not use the Delivery Service for any illegal or unauthorized purpose nor may You, in the use of the Delivery Service, violate any laws in your jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Delivery Service and your performance of obligations under this Agreement.

c. You may not use the Delivery Service to deliver any of the following items:

  • narcotic drugs; psychotropic, potent, toxic, radioactive, explosive, poisonous, caustic, flammable, and other dangerous substances, including those under pressure;
  • firearms; pneumatic, gas or cold weapons and their parts, ammunition, fireworks, flares and bullets;
  • foreign currency and banks notes;
  • items and substances which, due to their nature or packaging may constitute a danger to people, or soil or ruin (damage) other cargo, surrounding people or items;
  • items requiring transportation in specially equipped vehicles, including but not limited to, refrigerated goods, food and beverages, and consumables;
  • fragile items without special packaging;
  • items that are not wholly owned by You, or that you do not have the legal right to deliver;
  • objects with a monetary value exceeding 500 NIS, or items of special personal value such as crafts, jewelry, gold and silver coins;
  • hazardous substances or substances that may harm or endanger human or animal life;
  • objects that are prohibited from being sent under any law, or that a special license is required to be sent, including, but not limited to drugs, pharmaceuticals, biological and chemical materials;
  • objects and items exceeding 20 kilos and/or 150 cm in length, width and height in total; long objects exceeding 150 cm in length.
  • any other items for which delivery is prohibited or limited in Israel.

3. Limitation of Liability.

a. The Application enables You to place information, free of charge, on Your potential demand for Delivery Services, look through offers of Service Providers, and search for such offers using parameters set by the User. For the avoidance of doubt, Yandex does not provide the Delivery Service and shall not be responsible for the actions or omission of the Service Providers or for any illegal activity of You and (or) the Service Provider and (or) any driver associated with the Service Provider and (or) any third party not under its control.

b. Subject to applicable law, in no event shall Yandex, be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from the Delivery Service, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Yandex is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, You agree that in no event shall Yandex' and (or) the Service Providers' total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed 500 New Israeli Shekels. To the extent permitted by law, the remedies stated for You in these terms and conditions are exclusive and are limited to those expressly provided for herein.

4. Indemnification

a. You agree to indemnify, defend and hold Yandex, its affiliates, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense, including but not limited to legal costs made by any third party due to or arising out of your breach of this Agreement, or your violation of any law.

5. Term and Termination

a. The Agreement shall remain in effect for a period of twelve (12) months from the date the User agreed to the terms of the Agreement, which term shall be renewed and extended automatically for additional terms of twelve (12) months each, unless a party notifies the other party via the Application of its wish not to extend the term no later than 30 days before the end of the applicable term.

b. Notwithstanding the previous section, You may terminate the Agreement by providing a notice by email requests.israel@yandex-team.com, or by delivering registered mail to Derech Menachem Begin Road 148, Tel Aviv-Yafo, ZIP 6492104. You must detail in the termination notice your full name, your mobile phone number that linked with Application, and your I.D. number. You may not make a Request for a Delivery after terminating the Agreement.

c. Any and all provisions or obligations contained in the Agreement which by their nature or effect are required or intended to be observed or performed after termination of the Agreement will survive the expiration or termination of the Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assigns. Without limiting the generality of the foregoing, the User shall remain liable for all amounts due to Service Providers and such obligation to pay shall survive termination of the Agreement.

5. Amendment

a. The Agreement may be unilaterally amended by the Service Providers. Notices of amendments made to the Agreement shall be made available to Users via the Application and shall be posted at: https://yandex.com/legal/.

Notwithstanding the above, You consent to the addition and removal of Service Providers without notice. The list of current Service Providers shall be posted as stated in section ‎7.

6. The Service Providers

a. The current list of Service Providers, their registration numbers and addresses are available at: yango.yandex.com/legal/service-providers-israel. It is clarified that Yandex is not currently a Service Provider but may be added in the future to the list of Service Providers.

7. General

a. The competent court of Tel Aviv shall have sole jurisdiction regarding any dispute connected with the Agreement.

b. The Delivery Service may be ordered through the Application only and cannot be ordered by any other means including without limitation phone, e-mail, web site.

c. Unless otherwise specifically provided for in the Agreement, the terms that govern Your use of the Application will also apply to Your use of the Application with respect to the Delivery Service. Payment for a Delivery shall be made in accordance with the terms of the Application.

d. The Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior written and oral understandings. No implied obligation shall be imposed on any party.

e. In circumstances of force majeure that prevent the fulfillment of an obligation, such obligation will be postponed until the end of the force majeure circumstances