User Agreement
This User Agreement (hereinafter – the Agreement) is entered into with any person who, upon accepting the terms of this Agreement, becomes a user of the website located on the Internet at: https://weetake.com/ (hereinafter – the Site).
In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is recognised as an offer.
The text of the Agreement constitutes a public offer in accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation.
Due acceptance of this offer in accordance with Article 438 of the Civil Code of the Russian Federation shall be deemed to be the performance of the actions specified in the Agreement. Likewise, in accordance with Article 438 of the Civil Code of the Russian Federation, the fact of using the Site shall be deemed unconditional acceptance of the terms of this Agreement.
This Agreement, concluded by way of acceptance of this offer, does not require bilateral signing and is valid in electronic form.
1.Terms and definitions
In this Agreement, unless the context requires otherwise, the capitalised terms and definitions set out below shall have the following meanings:
1.1. “Site” – the aggregate of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, as well as of software and hardware for computers, which ensure the publication for general viewing of information and data united by a common purpose, by means of the technical facilities used for communication between computers on the Internet. The Site is located on the Internet at: https://weetake.com/.
1.2. “Agreement” – this User Agreement.
1.3. “Site Administration” – the persons responsible for granting access to the Site, for the functional operations on the Site, and for making changes to the Site as well as to this Agreement.
1.4. “Service” – the aggregate of functional capabilities of the Site, which constitute a technology platform for communication between its Users.
1.5. “User” – any natural person, a user of the Internet and, in particular, of the Site, who has accepted this Agreement.
1.6. “Personal Account” – the aggregate of protected pages of the system created as a result of the User's registration on the Site and accessible upon the User's entry of the Account Information.
1.7. “Parcel” – an object or an aggregate of objects of the material world which the Courier carries or plans to carry.
1.8. “Courier” – a natural person who actually carries out, or plans to carry out, the carriage of the Parcel.
1.9. “Customer” – the Sender and/or the Recipient of the Parcel.
1.10. “Site Content” – all objects placed on the Site, including design elements, text, graphic images, illustrations, video, scripts, programs, and other objects and compilations thereof. The Site Administration is the holder of the exclusive rights to use the Site, including all of the Site Content.
1.11. “Account Information” – unique information about the User provided by the User for the purpose of registration on the Site.
All other terms and definitions occurring in the text of the Agreement that are not specified in this section shall be interpreted by the Parties in accordance with the legislation of the Russian Federation and with the customary rules of interpretation of the relevant terms that have developed on the Internet.
2.General provisions. Subject of the agreement
2.1. This Agreement determines the rules and the procedure for using the Service, as well as the rights and obligations of Users when using the Service.
2.2. By commencing use of the Service and/or of its individual functions, including by completing the registration procedure, the User shall be deemed to have accepted the terms of the Agreement in full, without any reservations or exceptions.
2.3. Should the User disagree with any of the provisions of the Agreement, the User shall not be entitled to use the Service.
2.4. The Site Administration reserves the right to amend this Agreement unilaterally at any time without prior notice to the User. The User undertakes to review the content of the Agreement posted on the Site at least once a month in order to become aware of its amendments in good time. A new version of the Agreement and/or of any integral part thereof shall come into force from the moment of its publication on the Site, unless another date for the entry into force of the amendments is determined by the Site Administration upon their publication. The current version of the Agreement and of all annexes thereto is at all times publicly available on the Site. Should the User disagree with the amendments made to the Agreement, the User shall be obliged to cease using the Service.
2.5. The subject of this Agreement is the granting to the User of access to the use of the Site and of all capabilities of the Service on the terms and in the manner established by this Agreement.
2.6. A mandatory condition for granting the User access to the use of the Site and the Service in accordance with this Agreement is the acceptance and observance by the User of, and the application to the relations of the Parties of, the requirements and provisions determined by this Agreement.
2.7. The Site Administration is not a participant in or an organiser of a transaction, nor the sender and/or the recipient of a Parcel, nor a Courier, nor any other person interested in moving a Parcel from the point of dispatch to the point of destination. The Site Administration is not an employer, an intermediary or a representative of the User, nor a beneficiary or other person interested in the transactions between Users. Nothing in the Agreement may be understood as establishing between the User and the Site Administration agency relations, partnership relations, relations of joint activity, relations of personal employment, or any other relations not expressly provided for by the Agreement.
2.8. By accepting the terms of this Agreement, the User confirms that the User is aware that the Site Administration does not render carriage services, is not an intermediary in carriage, and does not perform functions relating to the organisation and/or execution thereof.
2.9. Where the User is granted access to the use of the Site and of all capabilities of the Service free of charge, the consumer protection rules provided for by the legislation of the Russian Federation shall not apply to the relations between the Site Administration and the User.
3.Rights and obligations of the user
3.1. The User undertakes:
3.1.1. To read carefully the terms of this Agreement, and also to monitor amendments to this Agreement in the event of further use of the Service.
3.1.2. To observe all terms and rules of this Agreement.
3.1.3. To be responsible for the safekeeping of the Account Information, namely, not to transfer the Account Information to third parties.
3.1.4. To notify the Site Administration immediately of any unlawful acquisition of the Account Information by third parties.
3.1.5. When using the Service, as well as in the course of further interaction with other Users, not to violate the legislation of the Russian Federation, international legislation, the rights and freedoms of third parties, or the standards of morality and decency.
3.1.6. Not to place on the Site the personal data of other persons, and also not to use the personal data of other Users in any manner inconsistent with the requirements of the legislation of the Russian Federation or of international legislation, for unlawful or illegal purposes, for the purpose of deriving benefit, or for any other purposes inconsistent with the purposes for which the Site was created.
3.1.7. Not to place on the Site information and objects (including links thereto) that may infringe the rights and interests of other persons.
3.1.8. Not to register as a User on behalf of or instead of another person, and not to register a group (association) of persons or a legal entity/individual entrepreneur as a User.
3.1.9. Not to upload, store, publish or distribute any information that:
- contains threats, discredits, insults, defames the honour and dignity or the business reputation, or violates the privacy of other Users or of third parties;
- infringes the rights of minors;
- is vulgar or indecent, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors;
- contains scenes of violence or of inhumane treatment of animals;
- contains a description of the means and methods of suicide or any incitement to commit it;
- propagates and/or contributes to the incitement of racial, religious or ethnic hatred or enmity, propagates fascism or the ideology of racial superiority;
- contains extremist materials;
- propagates criminal activity or contains advice, instructions or guidance on the commission of criminal acts;
- contains restricted information, including but not limited to state and commercial secrets and information about the private life of third parties;
- contains advertising of, or describes the attractiveness of, the consumption of alcohol and/or narcotic substances, including “digital drugs” (sound files that affect the human brain by means of binaural beats), information on the distribution of drugs, recipes for their manufacture and advice on their consumption;
- is fraudulent in nature;
- and also violates other rights and interests of individuals and legal entities or the requirements of the legislation of the Russian Federation.
3.1.10. To delete, immediately upon receipt of the relevant instruction of the Site Administration, any information which, in the opinion of the Site Administration, is undesirable, prejudices the interests of Users, or is for other reasons undesirable for placement on the Site.
3.2. The User is prohibited from:
3.2.1. Performing actions aimed at disrupting the normal functioning of the Site and the Service or of Users' personal pages; uploading, storing, publishing, distributing and granting access to, or otherwise using, viruses, trojans and other malicious programs;
3.2.2. Uploading, sending, transmitting or in any other manner placing and/or distributing any materials containing viruses or other computer code, files or programs intended to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, or to effect unauthorised access, as well as serial numbers for commercial software products and programs for generating them, logins, passwords and other means of obtaining unauthorised access to paid resources on the Internet, and also placing links to the aforementioned information.
3.2.3. Using, without special permission of the Site Administration to that effect, automated scripts (programs) for collecting information on the Site and (or) for interacting with the Site.
3.2.4. Reproducing, repeating and copying, selling and reselling, and also using for any commercial purposes any parts of the Service or access thereto, except where the User has obtained such permission from the Site Administration.
3.2.5. Attempting to obtain access to the login and password of another User, including but not limited to by deception, by hacking the personal accounts of other Users and the like.
3.2.6. Placing commercial, social, political or other advertising without prior approval of the Site Administration.
3.2.7. Placing any information which, in the opinion of the Site Administration, is undesirable, prejudices the interests of Users, or is for other reasons undesirable for placement on the Site.
3.2.8. Passing oneself off as another person or as a representative of an organisation and/or community without sufficient rights to do so, or as a member of the Site Administration, as well as applying any other forms and methods of unlawful representation of other persons on the network, and also misleading Users or the Site Administration as to the properties and characteristics of any subjects or objects.
3.2.9. Reworking the Service, modifying, translating, adapting, subjecting to reverse engineering, decompiling, redesigning, adapting, upgrading, attempting to obtain access to the source code of the Service, correcting errors, enhancing or refining the Service or any part thereof, or creating new derivative software products on the basis of and/or with the use of the Service.
3.2.10. Uploading, sending, transmitting or in any other manner placing and/or distributing content in the absence of rights to such actions under the legislation of the Russian Federation, international legislation or any contractual relations.
3.2.11. Violating in any other manner the rules of legislation, including the rules of international law.
3.3. The User has the right:
3.3.1. To obtain access to the Site around the clock, except during scheduled maintenance or other works carried out by the Site Administration.
3.3.2. To change the Account Information independently, without notifying the Site Administration thereof.
3.4. The User warrants (represents) that the User:
3.4.1. Expresses unconditional consent to all the terms of this Agreement and undertakes to observe them or to cease using the Site.
3.4.2. Has sufficient competence to study and understand the content of this Agreement.
3.4.3. Has, before commencing use of the Service, familiarised themselves with the legislation of the Russian Federation on the import and export of items, with international legislation, and also with the legislation of the countries whose borders are planned to be crossed.
3.4.4. Has sufficient competence to study the legislation specified in clause 3.4.3 of the Agreement.
3.4.5. Has registered on the Site voluntarily.
4.Rights and obligations of the site administration
4.1. The Site Administration undertakes:
4.1.1. To provide the User with access to the Site and to all technical capabilities of the Service.
4.1.2. To provide the User with the opportunity to supply information about themselves independently.
4.1.3. Not to disclose the User's Account Information to third parties.
4.1.4. To ensure the round-the-clock availability of the server on which the Site is hosted, except during scheduled maintenance or other works necessary to maintain the further operability of the Site.
4.2. The Site Administration has the right:
4.2.1. In the event of a breach by the User of the terms of the Agreement, to send the User a warning containing a list of the breaches. Should the User fail to remedy the breaches within one day from the moment the notice was sent to them, or should the User repeatedly breach the said terms or other terms, the Site Administration has the right unilaterally to refuse to perform the Agreement and to terminate the User's access to the Site.
4.2.2. To carry out moderation (review by the Site Administration of the information placed on the Site by the User for its compliance with the provisions of this Agreement) in cases where the information placed by the User violates the provisions of this Agreement, and also in the event of receipt by the Site Administration from other Users of a report that the information placed by the User violates the provisions of this Agreement.
4.2.3. To dispose of statistical information relating to the functioning of the Site, as well as of Users' Account Information, in order to ensure the targeted display of advertising information to various audiences of Site Users.
4.2.4. To send the User information about the development of the Site and the Service; to send SMS messages and emails for the purpose of conducting surveys on the quality of the operation of the Site, providing and requesting other information, and also advertising its own activities and services.
4.2.5. To suspend temporarily the operation of the Site, and equally to restrict partially or terminate completely access to the Site and the Service until the necessary technical maintenance and / or upgrade of the Site and / or the Service has been completed. The User is not entitled to claim compensation for losses for such temporary restriction of the availability of the Site and / or the Service.
5.Rules for using the site
5.1. Procedure for granting access to the Service:
5.1.1. The Service is provided to the User “as is”, in accordance with the principle generally accepted in international practice. The User uses the Services at their own risk. The Site Administration does not warrant to the User that the results which may be obtained in the course of using the Service, or the functional capabilities of the Site, or the information obtained on the Site, will be accurate and reliable and may be used for any purposes of the User; or that the results of using the Site and the Service will meet the requirements and expectations of the User.
5.1.2. The User may use or not use, at their own discretion, any information and materials to which the User obtains access by means of the Service. The User bears sole responsibility for the use of the said information and materials, including as regards causing damage to third parties, as regards the loss of their own data and their own property losses, and also in the form of any harm.
5.1.3. The Site Administration is not liable for the impossibility of using the Service for reasons attributable to the User. The User acknowledges that they bear full responsibility for the possible negative consequences caused by the incompatibility or conflicts of the Service with other software products installed on the User's equipment.
5.1.4. The Site Administration will make every possible effort to ensure the normal operability of the Site and the Service; however, it does not warrant that all errors in the operation of the Service will be corrected, and it is not liable for non-performance or improper performance of the obligations under this Agreement, nor for the direct and indirect losses of the User and possible damage arising, among other things, as a result of:
- unlawful actions of Internet users aimed at breaching information security or the normal functioning of the Site;
- the absence (impossibility of establishing, termination, etc.) of Internet connections between the User's server and the Site, as well as with the server of other Users;
- measures carried out by state and municipal authorities, as well as by other organisations, within the framework of operational search activities;
- the introduction of state regulation (or regulation by other organisations) of the business activities of commercial organisations on the Internet and/or the imposition by the said entities of one-off restrictions that impede or render impossible the performance of this Agreement;
- temporary technical failures and interruptions in the provision of access to the Site, in the operation of communication lines, and other similar failures;
- other circumstances beyond the control of the Site Administration.
5.1.5. The Site Administration is not liable for any kinds of losses incurred as a consequence of the User's use of the Service.
5.2. Functional capabilities of the Service:
5.2.1. The Service constitutes a technology platform for communication between the Courier and the Customer for the purpose of the Courier arranging the carriage of the Parcel entrusted to them.
5.2.2. In order to optimise the process of interaction between the Courier and the Customer, the following capabilities are provided in the Service:
5.2.2.1. Search by the Customer for a Courier ready to arrange the carriage of a Parcel, with an indication of:
- The point of dispatch of the Parcel and the point of destination of the Parcel;
- The cost of the Courier's services for the carriage of the Parcel, with an indication of the currency in which the cost is calculated;
- The size of the Parcel and an indication of the size criteria;
- The preferred method of sending the Parcel.
5.2.2.2. Search by the Courier for a Customer ready to entrust the Courier with arranging the carriage of a Parcel, with an indication of:
- The point of dispatch of the Parcel and the point of destination of the Parcel;
- The cost of the Courier's services for the carriage of the Parcel, with an indication of the currency in which the cost is calculated;
- The size of the Parcel and an indication of the size criteria;
- The preferred method of sending the Parcel.
5.2.3. Following registration on the Site, the User is assigned a Personal Account for the purpose of recording therein:
- The Account Information;
- Reviews;
- The rating;
- The number and characteristics of the carriages arranged (for the Courier) / the number and characteristics of the Parcels sent by means of the Service (for the Customer).
5.2.4. In order to optimise the process of interaction between the Courier and the Customer, following registration on the Site Users obtain the opportunity to exchange private messages.
5.2.5. The Site Administration is not liable for the content and nature of, or for the external links and attachments in, Users' private messages. The Site Administration is entitled, in the cases provided for by law, to grant access to Users' private messages within the framework of measures of operational search activity carried out by state and municipal authorities, as well as by other organisations and bodies.
5.2.6. The Site Administration is not liable for the content and nature of, or for the external links and attachments in, Users' reviews.
5.2.7. The rating of a User is formed on the basis of the subjective opinion of other Users, proceeding from the number of carriages arranged (for the Courier) / the number of Parcels entrusted to the Courier for arranging their carriage (for the Customer), as well as from the subjective assessment of the User on a five-point scale as to the quality of the obligations performed by the User. The rating of a User is not a guarantee of the due performance of the obligations assumed by them.
5.2.8. The Site Administration is not liable for:
- The formation of the rating of a User;
- The correspondence of the rating to reality;
- The objectivity of the assessments left by other Users;
- Changes in the rating.
5.3. Registration of the User:
5.3.1. In order to use all technical capabilities of the Service provided by the Site Administration under this Agreement, the User must complete the registration procedure on the Site. Registration of the User on the Site is free of charge and voluntary.
5.3.2. Consent to the terms of this Agreement is given by completing the registration procedure on the Site or by any other use of the Service.
5.3.3. When registering on the Site, the User is obliged to provide the Site Administration with the necessary accurate and up-to-date information for the creation of the Personal Account.
5.3.4. Registration on the Site is effected by means of authorisation of the User's account with Google or of the User's account with Telegram, as well as by confirmation of the authorisation where the User has the two-step authentication function enabled.
5.3.5. Upon completion of the registration process, the User becomes the holder of the User's Account Information, which means that the User is responsible for the security of the Account Information, as well as for everything that is done on the Site under the User's Account Information.
5.3.6. The User is obliged to notify the Site Administration immediately of any instance of unauthorised access to the Site, that is, access effected by a third party without the consent and knowledge of the User, and/or of any breach of the security of the User's Account Information. The Site Administration is not liable for the possible loss or corruption of data that may occur as a result of a breach by the User of the provisions of this clause of the Agreement.
5.3.7. To commence working with the Service, the User must enter their up-to-date and correct Account Information in the relevant section of the Personal Account.
5.3.8. Unless proven otherwise by the User, any actions performed with the use of their Account Information shall be deemed performed by the relevant User. In the event of unauthorised access to the User's Personal Account or of the dissemination of access to the Personal Account, the User is obliged to notify the Site Administration thereof immediately.
5.3.9. By means of the Personal Account, the User has the opportunity:
- To receive information about the Service and publicly available information about other Users;
- To receive information about planned carriages;
- To receive information about carriages that have taken place with the participation of the User, etc.
5.3.10. In the course of using the Site, the User is prohibited from:
- Circumventing the technical restrictions established on the Site;
- Studying the technology of, decompiling or disassembling the Site, except in the cases expressly provided for by the legislation of the Russian Federation;
- Creating copies of instances of the Site, as well as of its external appearance (design);
- Modifying the Site in any manner whatsoever;
- Performing actions aimed at altering the functioning and operability of the Site;
- Transferring the Account Information to a third party.
5.4. Procedure for using the Service upon completion of the Users' registration procedure:
5.4.1. Upon completion of the registration procedure, the User has the right to use all technical capabilities of the Service. The use of the technical capabilities of the Service is voluntary. The User warrants that the decision taken by them to use the technical capabilities of the Service is based on their personal free will and is not conditioned by a concurrence of difficult life circumstances.
5.4.2. The User voluntarily and at their own discretion chooses the counterparty to the carriage – the Courier or the Customer – as well as the date and time frame of the carriage.
5.4.3. The User is aware that the Service is not a carrier, an agent or an intermediary in the carriage of a Parcel and is intended solely to enable communication between Users.
5.4.4. Users who have accepted this Agreement are independent participants in civil-law relations. Users independently regulate the relations that have arisen between them in connection with the carriage of a Parcel, or in connection with a planned carriage of a Parcel. Users independently determine the terms of the carriage: the date, the time frame, the cost, the actual Courier, the actual Customer, the contents and the size (dimensions) of the Parcel, etc.
5.4.5. Before commencing use of the Service, the User undertakes to familiarise themselves with the “parcel import rules” published on the Site, with the legislation of the Russian Federation on the import and export of items, with international legislation, and also with the legislation of the countries whose borders are planned to be crossed.
5.4.6. By accepting this Agreement, the User confirms their awareness of the advisory nature of the “parcel import rules” posted on the Site. The Site Administration is not liable for the currency and correctness of the rules established in the said document. In the event of contradictions between the content of the “parcel import rules” posted on the Site and the content of the rules of the legislation of the Russian Federation or of the legislation of a foreign state, priority shall be given to the content of the rules of the legislation of the Russian Federation or of the legislation of the foreign state.
5.4.7. The User personally bears responsibility for compliance, when using the Service as well as when taking part in a carriage, with the legislation of the Russian Federation, international legislation and the legislation of the countries whose borders are planned to be crossed, and is not entitled to involve the Site Administration in proceedings concerning breaches of the said legislation.
5.4.8. The User personally bears responsibility for the infringement of the property and/or personal non-property rights, freedoms and legitimate interests of third parties, and is not entitled to involve the Site Administration in proceedings concerning the restoration of the said property and/or personal non-property rights, freedoms and legitimate interests.
5.4.9. Obligations of the Courier when using the Service:
- To provide up-to-date and correct information upon registration on the Site;
- To provide up-to-date and correct information about the planned date of a possible carriage, etc.
- The Courier personally bears responsibility for the currency and correctness of the information provided by them, as well as for the due performance of the carriage.
5.4.10. Obligations of the Customer when using the Service:
- To provide up-to-date and correct information upon registration on the Site;
- To provide up-to-date and correct information about the desired date and the details of the carriage;
- To provide up-to-date and correct information about the contents of the parcel, the size (dimensions) of the parcel, the weight of the parcel, etc.
- The Customer personally bears responsibility for the currency and correctness of the information provided by them, for payment for the carriage, and also for the due dispatch and/or receipt of the Parcel.
5.5. Procedure for granting access to the Service by the Site Administration:
5.5.1. The Site Administration undertakes to provide registered Users who duly perform the obligations assumed under the Agreement with access to all technical capabilities of the Service.
5.5.2. The Site Administration undertakes to restore the operation of the Service within the shortest time possible in comparable circumstances in the event of technical errors, breakdowns or failures on the server.
5.5.3. The Site Administration is entitled to charge Users a commission for the use of the Service. The commission specified in this clause is not a payment for carriage, for agency or any other services, since the Site Administration does not render any services to Users and is not a Party to the transactions between Users.
5.6. Termination of access to the Site:
5.6.1. The User has the right to cease using the Site at any time.
5.6.2. The Site Administration has the right, without prior notice, to terminate (suspend) the User's access to the Site at any time in the following cases:
- Breach by the User of the terms of this Agreement;
- Infringement of the intellectual property rights of the Site Administration, of other Users or of third parties;
- Performance of actions that are unlawful, infringe the rights and interests of the Site Administration, of other Users or of third parties, or undermine the operation of the Site or the ability of other Users to use the Site;
- The Site is used by the User in such a manner that this may entail legal liability of the Site Administration in the future;
- Where this is required by the applicable legislation or by a competent state authority.
5.7. Personal data:
5.7.1. The User gives consent to the Site Administration, freely, of their own will and in their own interest, in accordance with the requirements of Article 9 of Federal Law No. 152-FZ “On Personal Data” dated 27 July 2006, to the automated and non-automated processing of personal data upon registration on the Site and in the course of using the Personal Account, including but not limited to:
- Surname, first name, patronymic, gender, email address, contact telephone number;
- The source of entry to the Site and information about the search or advertising query;
- Data about the user device (among which the resolution, the version and other attributes characterising the user device);
- User clicks, page views, completions of fields;
- Session parameters: the date and time of the User's registration, the date and time of the User's authorisation, the date and time of the User's last login, the name and version of the User's browser;
- The geolocation of the User, the geolocation of the User by IP address.
5.7.2. Processing of personal data means the collection, recording, systematisation, accumulation, storage, updating, alteration, use, depersonalisation, blocking, transfer (distribution, provision, granting of access) and destruction of personal data.
5.7.3. Personal data are processed in accordance with the Privacy Policy of the site posted at: https://weetake.com/privacy-policy.
6.Intellectual property
6.1. The Site Administration owns all rights of ownership without exception, including the proprietary intellectual property rights to all of the Site Content, as well as to the Site software. The Site software and the Site Content are protected by copyright in the manner provided for by the applicable civil legislation of the Russian Federation, as well as by international treaties and conventions in the field of protection of intellectual property.
6.2. The use of the Site Content, as well as of any other elements of the Service, is possible only within the framework of the functionality offered by the relevant Service. No elements of the content of the Service, nor any Site Content, may be used in any other manner without the prior permission of the Site Administration.
6.3. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling or otherwise distributing or using the Site Content and the Site software, except in cases where such actions are expressly permitted by the terms of this Agreement or by the applicable legislation of the Russian Federation.
6.4. Nothing in the text of this Agreement may be construed as a transfer to the User of any exclusive rights to the Site Content (in whole or in part) and/or to the Site software.
6.5. The User is obliged to notify the Site Administration immediately of all instances known to them of infringement of the intellectual rights of the Site Administration, including in the event of loss/disclosure of the Account Information, and to take the necessary measures to remedy the infringement committed and to prevent similar infringements in the future.
6.6. The Site may contain links to other websites on the Internet (websites of third parties). The said third parties and their content are not checked by the Site Administration for compliance with any requirements (of accuracy, completeness, legality, etc.). The Site Administration is not liable for any information or materials placed on the websites of third parties to which the User obtains access after using the Site, including for any opinions or statements expressed on the websites of third parties, for advertising, etc., nor for the availability of such websites or content and the consequences of their use by the User.
6.7. A link (in any form) to any website, product, service, or any information of a commercial or non-commercial nature placed on the Site does not constitute an approval or recommendation of those products (services, activities) on the part of the Site Administration, except in cases where this is expressly indicated by the Site Administration.
7.Limitation of liability, absence of warranties
7.1. The User independently determines the list of organisational and software (computer) means for keeping their Account Information secret and for ensuring authorised access thereto. The Site Administration is not liable for losses caused to the User as a result of the disclosure to third parties of the User's Account Information that occurred through no fault of the Site Administration. If any person other than the User is authorised on the Site using the User's Account Information, then all actions performed by such person shall be deemed performed by that User. The User bears sole responsibility for all actions performed by them on the Site, as well as for all actions performed on the Site by any other persons with the use of the User's Account Information.
7.2. The Site Administration does not warrant that the software of the Site is free from errors and/or computer viruses or extraneous fragments of code. The Site Administration provides the User with the opportunity to use the software of the Site “as it is”, without any warranties on the part of the Site Administration.
7.3. The Site Administration is not liable for losses caused to the User as a result of the communication of inaccurate information by another User, nor for losses caused by the actions (omissions) of another User. The Site Administration does not warrant that the information contained in the Personal Accounts (profiles) of Users is accurate and complete. The Site Administration bears no liability whatsoever and has no obligations whatsoever in connection with advertising that may be placed on the Site.
7.4. The Site Administration is not liable for any kinds of losses incurred as a consequence of the User's use of the Site/Service or of individual parts/functions of the Site/Service.
7.5. The Site Administration is not liable for any possible losses and damages of the User connected with:
- The carriage, dispatch or receipt of a Parcel;
- The loss, damage or destruction of a Parcel;
- The contents or any other characteristics of a Parcel;
- The inaccuracy or the lack of currency of Users' Account Information;
- The transfer by the User of funds to other Users and/or third parties. The User is not entitled to bring against the Site Administration claims connected with the refund of the cost of carriages that have not been performed and/or have been performed improperly and/or of other transactions with other Users and/or third parties.
- Any other events and facts relating to a carriage or any other relations between Users.
7.6. The User is not entitled to bring against the Site Administration or the Site (the Service) as a whole any claims regarding events and facts relating to a carriage or to other relations between Users. All disputes on matters of improper performance of obligations under transactions, including carriages, must be resolved by Users directly with each other without the participation of the Site Administration, in accordance with the terms of the transaction concluded by them.
7.7. Under any circumstances, the liability of the Site Administration in accordance with Article 15 of the Civil Code of the Russian Federation is limited to RUB 10,000 (ten thousand) roubles and is imposed on it where its actions involve fault.
7.8. The Site Administration is not liable for a breach by the User of these Rules and reserves the right, at its own discretion, as well as upon receipt of information from other Users or third parties about a breach by the User of these Rules, to alter (moderate) or delete any information published by the User that violates the prohibitions established by these Rules (including private messages), and to suspend, restrict or terminate the User's access to all or any of the sections of the Site at any time for any reason or without giving reasons, with or without prior notice, without being liable for any harm that may be caused by such action.
7.9. The Site Administration independently assesses the intentionality and the harmfulness of the actions of Users that breach the terms of this Agreement. In the event of a breach by the User of the terms of this Agreement, the Site Administration is entitled to claim compensation for losses, as well as to block the User's access to the Site and to delete their Account Information.
7.10. Neither Party shall be liable for the complete or partial non-performance of any of its obligations if such non-performance is the consequence of a force majeure circumstance that arose after the conclusion of the Agreement and is beyond the control of the Parties.
8.Dispute resolution procedure
8.1. In the event of disputes arising between the User and the Site Administration on matters connected with the performance of the Agreement, the Parties shall take all measures to resolve them through negotiations between themselves. The pre-action claim procedure for the resolution of disputes is mandatory. Claims of Users are accepted and considered by the Site Administration only in written form and in the manner provided for by this Agreement and by the applicable legislation of the Russian Federation.
8.2. The following pre-action claim procedure shall apply to the resolution of disputes that have arisen between the User and the Site Administration as a result of the use of the Site. A User who considers that their rights have been infringed by the actions of the Site Administration shall send the latter a claim containing the substance of the demand made, the grounds for making it, as well as all the details of the User. The claim shall be sent to the Site Administration in written form by way of dispatch to the authorised email address.
8.3. Within 30 (thirty) calendar days from the day of receipt of the claim, the Site Administration is obliged to set out its position on the matters of principle indicated therein and to send its reply to the authorised email address specified in the User's claim.
8.4. The Site Administration does not consider anonymous claims, or claims that do not make it possible to identify the User on the basis of the data provided by them upon registration, or claims that do not contain the data specified in this Section of the Agreement.
8.5. In order to resolve technical matters when determining the fault of the User as a result of their unlawful actions when using the Internet and, in particular, the Site, the Site Administration is entitled to engage competent organisations as experts on its own initiative. Should the fault of the User be established, the latter is obliged to reimburse the costs of the expert examination.
8.6. Should the Parties fail to reach agreement through negotiations, a dispute arising out of this Agreement shall be subject to consideration by a court of general jurisdiction at the location of the Site Administration.
9.Term, procedure for amendment and termination of the Agreement
9.1. This Agreement comes into force on the date of its acceptance by the User and remains in force throughout the entire period of the User's use of the Site.
9.2. This Agreement may be terminated early in the following cases:
- By mutual agreement of the User and the Site Administration;
- At the initiative of the Site Administration in the event of a breach by the User of the terms of this Agreement;
- At any time at the initiative of the User.
9.3. In the event of termination of this Agreement on any of the grounds, the User is obliged to cease using the Site.
10.Miscellaneous provisions
10.1. The Parties hereby confirm that, in the performance of the Agreement, as well as in conducting correspondence, the use of analogues of the handwritten signatures of the Parties is permitted. The Parties confirm that all notices, messages, agreements and documents within the framework of the performance by the Parties of the obligations arising out of the Agreement, signed with analogues of the handwritten signatures of the Parties, have legal force and are binding upon the Parties.
10.2. The Parties acknowledge that all notices, messages, agreements, documents and letters sent with the use of the authorised email addresses shall be deemed sent and signed by the Parties. The User acknowledges that all actions performed with the use of the Account Information (including the sending of notices and messages and the performance of other actions) shall be deemed performed by the User.
10.3. The authorised email addresses of the Parties shall be:
- for the site: info@weetake.com
- for the User: the email address specified by the User upon registration on the Site.
10.4. Where the User registers on the Site by means of a Telegram account, the telephone number of the User (the Telegram account) shall be equal in legal force to an authorised email address.
10.5. The recognition by a court of any provision of the Agreement as invalid or unenforceable shall not entail the invalidity of the other provisions of the Agreement.
10.6. The User confirms that they have familiarised themselves with all the provisions of the Agreement, understand them and accept them in full.
10.7. In all other matters not regulated by the Agreement, the Parties shall be governed by the applicable legislation of the Russian Federation.
11.User-generated content and zero tolerance for violations
11.1. The WEETAKE Site and mobile application contain content created by Users: trip announcements and delivery requests together with their comments, chat messages and photographs, reviews, and the profile name and image.
11.2. The Site Administration maintains a zero-tolerance policy towards objectionable content and towards abusive behaviour by Users. Posting the materials listed in clause 3.1.9 of the Agreement, as well as insults, harassment, bullying, threats and fraudulent actions against other Users, is prohibited without any exception.
11.3. Every User has the following safeguards available:
- reporting a message, an announcement, a review or another User's profile — from the corresponding screen of the Site or the application;
- blocking another User from their profile page. A block operates in both directions: the conversation immediately becomes unavailable to both Users, and the blocked User can neither send messages to, nor start new chats with, the User who blocked them.
11.4. The Site Administration reviews every report received within 24 (twenty-four) hours of its receipt. Following the review, content violating the Agreement is removed, and the User who posted it is ejected from the Service — up to and including deletion of the Account without the right of restoration and without any refund.
11.5. Use of the Site and the application constitutes the User's acceptance of the provisions of this section. A User who does not agree with them must cease using the Site and the application.