УСЛОВИЯ И ПОЛОЖЕНИЯ

TERMS AND CONDITIONS

 

Publication date: August 13, 2024

Effective date: August 13, 2024

 

1. Contractual Relationship

These Terms and Conditions (the “Terms”) govern your, an individual’s, use of the Fasten mobile app, fasten.com website, their content, products, and services (the “Services” or “Service”) under the Fasten trademark or access thereto provided in the territory of the Republic of Uzbekistan by YandexGo UB Limited Liability Company (registration number 1123972, 2 Shakhrisabz Str., Tashkent, Yunusabad District) (the “Fasten”, “Fasten Company”, or “YandexGo UB LLC”).

Please, read these Terms carefully before accessing or using the Services.

By accessing and using the Services, you agree to these Terms, which establish contractual relationships between you and Fasten. If you do not agree to these Terms, you may not access or use the Services. Fasten may cancel these Terms or any Services, or cease offering the Services to you or in general.

Fasten may amend the terms related to the services provided at any time without prior notice to the User. Any changes will be effective upon publication of the updated Terms, as amended, or additional terms and conditions for the relevant Services. Your continued access to or use of the Services after such publication indicates your review and acceptance of the amended Terms.

For the avoidance of doubt:

• YandexGo UB LLC does not engage in the transportation of passengers, luggage, or cargo, nor does it function as a transportation company.
• The transportation of passengers, luggage, or cargo ordered by you is performed by third-party contractors (the “carriers” or “Service partners”). The drivers of these carriers are not employed by YandexGo UB LLC.
• Any contractual relationships involving transportation, along with the associated duties and responsibilities, are established directly between you and the carrier; YandexGo UB LLC is not a party to such contracts.

 

2. Services

2.1. Fasten’s Services are provided by offering access to the Service, which allows the User, using the Fasten mobile app or fasten.com website, to post information about the User’s potential demand for passenger and luggage transportation services or cargo transportation services by road. Also, the User may review information about the offers of organizations providing services in this area and search for such offers according to the parameters specified by the User.

These Terms apply to all current functions of the electronic information system, including any new developments and/or additions thereof.

2.2. License

Fasten grants you a royalty-free, limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to:

(i) access and use the Fasten app and fasten.com website, including their content, products, and services, on the User’s personal device solely in connection with the use of the Services; and

(ii) use and access any content, information, and related materials that may be made available through the Services, in each case solely for the User’s personal, non-commercial purposes. Any rights not expressly granted herein are reserved by Fasten and their licensors.

All or some features of the Service may be unavailable or limited depending on the User’s region. Features are considered unavailable (limited) for a User from a certain region, if that User is unable to use them explicitly. Any use of technical and software methods to circumvent these restrictions is prohibited. The provisions of these Terms that pertain to features of the Service that are unavailable (limited) to the User do not apply until such features are expressly made available to the User.

Fasten reserves the right, at their sole discretion, to restrict the User’s access to the Service (or to certain features of the Service, if technologically feasible) using their Account, or to block the User’s Account completely in the event of repeated violations of these Terms, or to take additional measures against the User in order to comply with legal requirements or third-party rights and legitimate interests.

2.3. User Accounts

To gain access to the Services, the User should register and/or log in to their Account. When registering an Account, the User are required to provide Fasten with their mobile phone number. To use the additional features of the App, the User is required to indicate one of the following valid payment methods: bank card details or an authorized payment service. An email address is also required in order to receive electronic travel receipts and card cheques. You agree to ensure that your Account information is accurate, complete, and up to date. Failure to keep your Account information accurate, complete, and up-to-date, including having a valid payment method, may result in your inability to access the Services. You are responsible for all activities conducted on your Account. Unless otherwise authorized in writing by Fasten, you may only have one Account.

2.4. Text Messages

By creating an Account, you consent to receiving text messages (SMS/email) as part of the standard business practice when you use the Services. Should you wish to opt out of receiving such messages, you may contact the customer service and indicate that you no longer wish to receive such messages, as well as (if applicable) the phone number of the mobile device to which the messages are received. You acknowledge that opting out of receiving SMS/email notifications may result in your inability to access the Services.

2.5. General Principles of Ordering Services of Carriers Through the Service

Information on services involving passenger, luggage, or cargo transportation by road available in the electronic information system is provided by the Service partners. Fasten is not liable for the content and/or relevance of the information provided by the carrier, including information about the availability of services offered by a particular carrier at a given time. The User shall interact with the carriers regarding the purchase of services independently (without Fasten’s involvement). This includes the use of the Service’s functionality, such as adding notes to orders or making calls via the app.

Passenger and luggage transportation services are provided according to the Fasten, Upper, Extra, and Max tariffs, as well as other tariffs presented in the Service by different classes of vehicles. The assignment of vehicles to one or another class is made by Fasten independently, based on the vehicle characteristics provided by the Service partners.

During periods of high demand for passenger and luggage transportation or other transportation services (including pre-holidays, days of mass events, and other occasions), the carriers may increase their tariffs (‘Hot Hours’). Fasten will notify the User of any tariff increase by posting a notice in the App or by other means at its discretion, including sending an information message to the User’s mobile phone number.

2.6. Paid Delivery

2.6.1. The Service Partner will charge a fee, if the User declines to proceed with a trip/service after the vehicle has been delivered/arrived to the location designated by the User. The fee is calculated in a manner similar to the cost of the trip/service, according to the tariff for the period from the time of actual vehicle delivery to the delivery location or the time of delivery as specified in the information provided to the User by the Service Partner regarding the transportation service and/or other service ordered by the User, including individuals’ cargo transportation by road (whichever is later), until the time of the User’s refusal to make the trip/service. The User declines to proceed with a trip/service by providing notice to the Service Partner via the Service. If the User does not board the vehicle provided by the Service Partner or hand over the cargo to the arriving driver within ten (10) minutes, taking into account the free waiting time specified in the relevant tariff, the User is deemed to have refused the trip/service, unless otherwise stipulated by the rules of the relevant Service Partner or agreements between the User and the representative (driver) of the Service Partner. In the event that the User declines to take a trip from the airport, the fee will be calculated in the manner specified above, with an additional charge for vehicle delivery outside the city, as outlined in the applicable tariff.

2.6.2. Depending on the User’s location and the availability of accessible vehicles in the respective area, the User may be offered the option of ordering a transportation service using a vehicle from a more distant location for an additional fee (hereinafter referred to as paid delivery). The cost of such paid delivery will be calculated based on (1) the distance between the relevant vehicle and the User’s location; and (2) the time required for such vehicle to travel that distance. The User may accept or reject the offer of paid delivery at their discretion by clicking the appropriate button in the mobile app or on the website where the Request is posted.

If the User accepts the offer of paid delivery, the cost of the transportation service will be calculated based on the cost of paid delivery. Once the Service Partner has accepted the User’s Request, which includes paid delivery, the User will have a limited period of time to cancel the trip free of charge (the “free cancellation period”). The length of the free cancellation period is calculated for each specific Request and communicated to the User via the mobile app or on the website where the Request is posted. If the User cancels the trip after the free cancellation period has expired (the “late cancellation”), the User will be charged an amount equal to the full cost of paid delivery.

In the event of a late cancellation, the amount equal to the cost of paid delivery is transferred to the Service Partner as a payment, ensuring that the User fulfills the posted Request for transportation.

2.7. Information Processing

Fasten may collect user opinions and feedback on various aspects of the Services for statistical purposes, monitor the quality of the Services, and use the data obtained in an anonymized form for the operation of the Service. The user survey may be conducted via an information message in the App or by contacting the User via the contact details provided in their Account (via phone or email).

2.8. By using the Service, the User agrees to receive advertising messages. Should the User wish to decline receipt of advertising messages, they may do so by using the relevant functionality of the Service or by following the instructions provided in the received advertising message.

2.9. For quality control and service improvement purposes, all conversations between the User and the customer service staff or carriers’ drivers may be recorded.

2.10. Personal Data

The User hereby authorizes Fasten to processing their personal data or that of the person in respect of whom the User posts information on potential demand for passenger and luggage transportation or cargo transportation services. This authorization extends to the transfer and processing of such personal data by companies belonging to the same group as YandexGo UB LLC, as well as by the carriers, for the purpose of providing the User or the person indicated by the User with carrier services. The User is responsible for obtaining consent for similar data processing of the person whom the User specified as a contact (sender or recipient) in their cargo transportation order.

The User certifies that they are duly authorized to provide the personal information of the person in respect of whom the User posts information on potential demand for passenger and luggage transportation services or cargo transportation services via the Service for the purposes specified in this clause.

2.11. Promo Codes

Fasten may create Promo Codes at its sole discretion. These Promo Codes may be used to obtain discounts on carrier services, provide other features, or provide any benefits related to the Services and/or third-party vendor services, subject to any additional terms Fasten sets forth with respect to the promo codes (the “Promo Codes”). You agree that Promo Codes: (i) should be used for the intended audience and for the appropriate purpose, in a lawful manner; (ii) may not be duplicated, sold, or transferred in any way, or made available to the general public (whether by posting on a public platform or otherwise), unless expressly authorized by Fasten; (iii) may be invalidated by Fasten at any time and for any reason without obligations for Fasten; (iv) may only be used in accordance with certain terms and conditions established by Fasten for such Promo Code; (v) may not be redeemed for cash; and (vi) may expire prior to use.

2.12. Additional insurance for passengers and drivers is valid during the trip, depending on the region. Further details regarding additional insurance can be found on fasten.by.

 

3. Payment for Carrier Services

3.1. By initiating the use of the Services, you acknowledge and agree that your use of the Services constitutes an obligation to pay for the carrier services ordered by you.

3.2. The User may pay for the carrier services provided in accordance with the information posted by the User via the Service regarding potential demand for the relevant service as follows:

3.2.1. Directly to the carrier (including in cash or by other means provided by the carrier, if available. For the purposes of these Terms and the service interface, this is referred to as cash). This type of payment is made independently of Fasten and is not subject to these Terms.

3.2.2. In the event that the User has access to a non-cash payment function from A Linked Bank Card, Fasten will act on behalf of the respective Service Partner, or otherwise, with the involvement of an authorized payment processor, electronic money processor, or other party engaged in settlement operations or information interaction (including banks). In this case, Fasten will receive the payment as an agent or in any other capacity (hereinafter referred to as Non-Cash Payment). Fasten does not guarantee that the Service will be free of errors or failures with respect to the provision of the Non-Cash Payment option.

3.3. Non-cash payment is subject to the regulations set forth by payment systems, banks (including the issuing bank of the Linked Card), and other participants in the settlement process.

3.4. The User may indicate the Linked Bank Card in the Service interface. When linking, the User is required to provide the following information:

• Bank card number
• Expiration date
• Security code

3.5. When a Linked Card is added, an amount of UZS 1,000 is blocked to confirm the Linked Card data is valid. If the linking is successful, the specified amount is returned to the User. In the event of unsuccessful attempt to initiate payments, the Linked Card will not be added and/or the non-cash payment function will be inaccessible.

If the data is correct and valid and the card is technically capable of being used within the Service, the bank card in question will be designated as a Linked Card, enabling its use for non-cash payments. All Linked Cards are displayed in the Service interface. In accordance with legal requirements, the last four digits of the card number are displayed for the Linked Card.

3.6. The User shall take sufficient measures to safeguard the Account to which the bank card is linked, preventing third parties from accessing the User’s Account and making unauthorized payments on behalf of the User.

The User shall take sufficient measures to protect their bank card data, preventing third parties from accessing it and making payments on behalf of the User.

3.7. Where the cost of passenger and luggage transportation services and/or other services includes paid vehicle delivery, the User has access only to the non-cash payment function from their Linked Bank Card.

3.8. The User selects the appropriate form of payment within the Service interface. In the event that non-cash payments are not possible for any reason (including, but not limited to, temporary technical unavailability of this function, temporary or permanent impossibility of non-cash payments using the Linked Card, insufficient funds), the User agrees to pay for the carrier services in cash. If the inability to debit the Linked Card is revealed after the transportation has been completed, the User will ensure that there are sufficient funds on the Linked Card to settle the debt for the carrier services as soon as possible, but in any case no later than 30 calendar days from the date of the relevant carrier services.

3.9. In the event of a non-cash payment, it is possible to either make a single transaction for the total cost of the carrier service or multiple transactions for individual parts of the service cost. In this case, the non-cash payment may be made in any of the above ways during the course of the trip/service, or upon its completion.

3.10. In the event of a non-cash payment, the User may opt to make an additional non-cash payment to the carrier along with payment for passenger, luggage, or cargo transportation (for the purposes of these Terms and the Service interface, this is referred to as the Tip).

The User can set and/or modify the default Tip amount via the Service interface. Once a trip has been completed, the User may modify the Tip amount via the Service interface for the specific trip in question.

The Tip (in the default amount or in the amount specified by the User for a particular trip) will be debited from the Linked Card, if the User has indicated a positive rating for the trip (4-5 stars) in the Service interface and clicked the Done button or has indicated neither positive nor negative rating for the trip/service (has not indicated the number of stars) and clicked the Done button within 30 minutes of trip/service completion.

If the User has indicated a negative rating for the trip/service (1-3 stars) in the Service interface and clicked the Done button within 30 minutes of trip/service completion, the Tip will not be debited from the Linked Card.

If the User does not click the Done button within 30 minutes of trip/service completion, the Tip amount (by default or specified by the User for that particular trip/service) will be blocked on the Linked Card for a period of 24 hours. During this time, the User can adjust the Tip amount for that trip/service as needed. Once this time has expired, the Tip will be debited in the amount specified by the User (the default amount or the amount designated for that particular trip/service).

3.11. The User acknowledges and agrees that all actions performed within the Service using the mobile phone number provided by the User, including non-cash payments using the Linked Bank Card, are deemed to be performed by the User.

3.12. If the User has any objections to the fact and/or amount of a non-cash payment or to any other aspect of using the Linked Card within the Service, the User may contact the customer service via the mobile app or website.

3.13. If Fasten decides to refund the amount of the non-cash payment in full or in part following the verification of such request, the refund shall be made to the bank account associated with the bank card from which the non-cash payment was made. The refund process is conducted through information and technological interaction involving the authorized payment processor, electronic money processor, or other settlement process participants and is regulated by the rules of payment systems.

3.14. Fasten reserves the right to request at any time that the User confirm the data provided within the Service, including the data of the Linked Card, and to request supporting documents (in particular, identity documents). Failure to provide these, at Fasten’s discretion, may amount to the provision of false information and may result in the limitation of the User’s access to the Service (or to certain functions of the Service, if technologically feasible).

 

4. Disclaimers

4.1. Network Access and Devices

It is your responsibility to obtain the necessary access to the data network in order to use the Services. When accessing or using the Services through a wireless device, your mobile network’s SMS and data tariffs may apply. You are responsible for paying such tariffs. You are responsible for paying such tariffs. It is your responsibility to purchase and upgrade any compatible hardware or devices that are necessary to access and use the Services and Apps, as well as any updates thereto. Fasten Company does not guarantee that the Services or any portion thereof will function on any particular hardware or devices. Furthermore, the Services may be subject to interruptions and delays due to factors related to the Internet and electronic communications.

4.2. Limitation of Liability. Indemnification

Fasten shall not be liable for any damages resulting from: (i) your actions in reliance on the Services, or your inability to access or use the Services. Fasten shall have no liability for any delay in providing the Services or any failure to provide the Services due to circumstances beyond Fasten’s reasonable control.

 

5. Applicable Law

These Terms shall be governed by the laws of the Republic of Uzbekistan. In the event of any dispute arising out of or in connection with these Terms, the competent courts of the Republic of Uzbekistan shall have jurisdiction to settle the dispute in accordance with the general rules of jurisdiction.

6. Miscellaneous

6.1. User Restrictions

Users may not: (i) remove any copyright, trademark, or other proprietary notices from any part of the Services; (ii) transfer the rights to use the Services, publicly display, publicly perform, transmit, broadcast, or otherwise use the Services, except as expressly authorized by Fasten; (iii) modify, decompile, disassemble, decrypt, and otherwise manipulate object code and source code to obtain information about the implementation of algorithms used in the products and Services, create derivatives using the products and Services, or otherwise use the Services other than as expressly permitted by these Terms, without Fasten’s express written consent; (iv) call up or run any programs or scripts for the purpose of emptying, indexing, reviewing, or otherwise collecting data from any part of the Services, or unlawfully impeding or obstructing the performance and/or functionality of any aspect of the Services; or (v) attempt to gain unauthorized access to the Services or disrupt any aspect of the Services or related systems or networks.

The User may have access to the functions of evaluating the services of the Service Partners, as well as posting comments/feedback about the Service and/or the services of the Service Partners. The User’s ratings and reviews are posted on the Service website and may be available on third-party websites or transferred to the Service Partners or drivers of the Service Partners. They may also be used and published in other ways, including in promotional materials.

The User may not submit User content that is defamatory, obscene, indecent, pornographic, offensive, or otherwise unlawful. Fasten reserves the right to decline to post any rating/feedback and to remove/block any user-posted rating/feedback at any time and at its sole discretion, without obligation to provide any justification.

The User is responsible for ensuring that the user-posted content complies with the requirements of applicable law, including liability to third parties in cases where the posting of certain content by the User or the content itself violates the rights and legitimate interests of third parties, including the personal non-property rights of authors, other intellectual rights of third parties, and/or interferes with any intangible benefits belonging to them.

The User shall indemnify Fasten for any losses incurred as a result of the posting of User content or the infringement by such content of third-party rights, including the rights of carriers and their representatives.

6.2. Severability

In the event that any provision of these Terms is deemed to be illegal or unenforceable, such provision or part thereof shall be deemed to be excluded from these Terms to the extent applicable. The remaining provisions shall be applied by the Parties.

6.3. Notices

Fasten may send notices to the User regarding the Services via the mobile app interface, website, customer service chat, or email address specified in the Account. The User may send notices to Fasten via the customer service in the appropriate section of the mobile app or website.