License Agreement for Taximeter for Mobile Devices
Before using the program, please read the terms and conditions of the below license agreement.
Any use of the program means that you fully and unconditionally accept the terms and conditions of this license agreement.
If you do not accept the license agreement in full, you may not use the program for any purpose.
1. General Provisions
1.2. By copying the Program, installing it on his/her mobile device or using the Program in any way, the User expresses his/her full and unconditional consent to all the terms and conditions of this License.
1.3. The Program is only permitted to be used under the terms and conditions of this License. If the User does not accept the terms and conditions of the License in full, the User may not use the Program for any purpose. The Program is prohibited to be used in violation of (failing to fulfill) any of the terms and conditions of the License.
1.4. The User may use the Program under the terms and conditions of this License for personal non-commercial purposes at no cost. It is only possible to use the Program under terms and in ways not covered by this License based on a separate agreement with the Rightholder.
1.5. The User may use the Program under the terms and conditions of this License for personal non-commercial purposes at no cost. It is only possible to use the Program under terms and in ways not covered by this License based on a separate agreement with the Rightholder.
The Rightholder may unilaterally amend the said documents (inter alia, any parts thereof) with no special notice. New versions of the documents will come into effect once published, unless they stipulate otherwise.
1.6. The Rightholder and the User hereby agreed that as far as the Program was concerned they would mutually deem e-documents signed with a basic e-signature identical to paper documents signed with a handwritten signature.
1.6.1. The Program is, among other things, an information system operated by the Rightholder.
1.6.2. To sign an e-document with an e-signature as and when stipulated by certain functions of the Program, the User will use numerical, alphabetic, symbolic or combined codes the Rightholder generated and the User received as a message to the phone number the User specified in the Program. Such codes represent the e-signature key.
1.6.3. The User shall respect confidentiality of codes (e-signature keys) he or she received.1.6.4. The User will enter a respective code in a special form in the Program. The Parties acknowledge that all e-documents the User will generate, use and send to the Rightholder via program functions in a session (the period of validity of a respective code) will be signed so with the User's e-signature.
1.6.5. The User warrants that his/her personal data specified in the Program are reliable. Based on these data, the User will determine whether an e-document signed with an e-signature as specified above is signed by the User.
1.7. When the User is a representative of the Rightholder's Partner, provisions of cl. 1.6.1 – 1.6.5 of this License will apply insofar as they do not conflict with agreements and contracts between the Rightholder and such partner of the Rightholder.
1.8. The User will authorize the Rightholder to use information he/she provided in the Program by including such information in the Rightholder's database and further use of such database by any means.
1.9. This License and all relations associated with the use of the Program shall be subject to the laws of the Netherlands, and any claims or actions arising out of or in connection with this License or the use of the Program shall be submitted to and reviewed by courts at the Rightholder’s location.
1.10. The Rightholder may send information messages to Users. When using the Program, the User also gives his/her consent to receive advertising and informative messages. The User may unsubscribe from advertising messages by addressing the help desk or following instructions specified in an advertising message received.
1.11. Depending on the User’s region, any or all functions of the Program can be inaccessible or limited. Functions are deemed to be inaccessible (limited) to the User from a certain region, if such User is unable to use them explicitly. It is prohibited to apply any technical and software-based methods to circumvent these limitations. Provisions of these Terms and the documents specified in cl. 1.5 governing inaccessible (limited) functions of the Program will not apply until such functions become explicitly accessible to the User. The User will be provided information on program functions accessibility in a certain region upon request sent to the Rightholder.
2. Rights to the Program
2.1. The exclusive right to the Program is vested in the Rightholder.
3.1. The Rightholder shall, free of charge and under an ordinary (non-exclusive) license, grant to the User the non-transferable right to use the Program in all countries of the world in the following ways:
3.1.1. To use the Program as intended, wherefore to copy and install (reproduce) it on the User's mobile device(-s). The User may install the Program on an unlimited number of mobile devices. When installed on mobile devices, each copy of the Program is assigned an individual number automatically reported to the Rightholder.
3.1.2. To reproduce and distribute the Program for non-commercial purposes (free of charge).
4.1. Except when used in the scope and in the ways expressly stipulated by this License or applicable laws, the User may not modify, decompile, disassemble, decrypt, and perform any other actions with the object code of the Program meant to obtain information on the implementation of algorithms used in the Program, create derivative works using the Program, and otherwise use (allow to use) the Program, without the Rightholder’s written consent.
4.2. The User may not reproduce and distribute the Program for commercial purposes (inter alia, for a fee), inter alia, as part of software product collections, without the Rightholder’s written consent.
4.3 The User may not distribute the Program in any form other than the form received, without the Rightholder’s written consent.
4.4. The Program shall be used (inter alia, be distributed) under the name: Taximeter The User may not change the name of the Program, change and/or delete the copyright notice or other references to the Rightholder.
5.1. Some functions of the Program can only be performed with access to the Internet. The User will independently obtain and pay for such access under terms and as per tariffs of its telecom or Internet provider.5.2. Some functions of the Program will only be available to the User who has concluded a separate agreement with the Rightholder or a body providing access to such functions of the Program.
The provisions of this clause having to do with the processing of the User's personal and other information by the Rightholder will apply to materials and information the User received in using the Service and its functions.
The permit referred to in this clause will apply to information the User will specify in the Program and the Rightholder will receive from third parties, inter alia, the last name, first name, patronymic, address; the number of the main identity document and the driving license; the vehicle registration certificate, information on when (including date of expiry) and by what body the said documents were issued; information needed to prevent fraud in relation to the Rightholder and the way the Program will be used, including photos, information on the right to drive a vehicle to transport passengers and luggage by a passenger taxi, information on traffic-related offenses and other breaches of laws (including arrears / enforcement proceedings available in public registries). The Rightholder may process such personal information with or without automation tools, and by any means, inter alia, by collecting, recording, systemizing, accumulating, storing, clarifying (updating, modifying), extracting, using, transferring (providing, accessing), depersonalizing, blocking, deleting, and destructing.
Where the applicable laws prescribe, the User's permit referred to in this clause will be deemed to be granted in writing, signed with the User's e-signature as per clauses 1.6 - 1.6.5 of this License with necessary details the User specified as stipulated such form of permit. Such permit will be valid while it is necessary to provide the User with functions of the Program and within 3 (three) years after, unless the applicable laws stipulate any other (shorter or longer) period.
5.4. The User is hereby notified, understands and agrees that, when the Program is used to provide the User with functions of the Program, the Rightholder will automatically receive the following information: the User's device operating system, browser version and ID, Program functions statistics, device location data, and any other technical information.
6. Liability under the License
6.1. The Program is provided as is. The Rightholder provides no guarantees of error- and trouble-free operation of the Program or its certain components and/or functions, fitness of the Program for specific goals and expectations of the User, and provides no other guarantees, which are not expressly stated in this License.
6.2. The Rightholder will not be held liable for any direct or indirect consequences of any use of or inability to use the Program and/or any damage inflicted on the User and/or third parties as a result of any use of, failure or inability to use the Program or its certain components and/or functions, inter alia, due to possible errors or failures in the operation of the Program, except as expressly stipulated by the laws.
6.3. All questions and claims related to the use of / impossibility to use the Program and possible disregard of laws and/or third-party rights by the Program shall be forwarded via the feedback form.
7. Updates / New Versions of the Program
7.1. This License covers all future updates / new versions of the Program. When the User agrees to install an update / new version of the Program, he/she accepts the terms and conditions of this License for respective updates / new versions of the Program, if there is no other license agreement for the update / new version of the Program.
8. Amendments to this License
8.1. This License Agreement may be unilaterally amended by the Rightholder. User notices of amendments made to this License will be posted at: https://yandex.com/legal/taximeter_mobile_agreement_bv. The said amendments to the terms and conditions of the License will come into effect once published, unless otherwise specified in the relevant publication.
9. Details of the Rightholder
Yandex.Taxi B.V., (registration number 64591069)
Private Limited Liability CompanySchiphol Boulevard 165, 1118 BG Schiphol, the Netherlands
Previous version: https://yandex.com/legal/taximeter_mobile_agreement_bv/10112018