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Terms of Service

“Jet Sharing” Limited liability company, legal entity, registered in accordance with the legislation of the Republic of Serbia, registered address: Dure Jaksica 5 1 2, Belgrade, Serbia, registration number, 21705209, represented by the Director Mr. Ivan Bulgakov, provides you with the access to the Mobile Application “Jet” under the conditions set out in this Terms of Use (hereinafter - the "Agreement").

1. DEFINITIONS

The following terms are used in this Agreement with the meanings defined below. In the event that the Agreement uses terms and concepts that are not defined in this section, they have the meanings that are usually assigned to them in the relevant industry / area.
1.1. Company - “Jet Sharing” Limited liability company, legal entity, registered in accordance with the legislation of the Republic of Serbia, registered address: Dure Jaksica 5 1 2, Belgrade, Serbia, registration number, 21705209.
1.2. User is an individual who meets the requirements of this Agreement, passed the Registration / Authorization procedures, and has unconditionally accepted this Agreement in accordance with its requirements. For the purposes of this Agreement and depending on the context, the User may mean an individual who meets the requirements of this Agreement, but has not yet passed (not completed) the Registration procedure and has not accepted this Agreement (a potential client of the Company).
1.3. Site - https://jetshr.com/.
1.4. Application or Mobile application «Jet » - a software, designed to run on smartphones, tablets and other mobile devices, developed for the platform of iOS and Android, which allows users to find and to rent electric scooters. All exclusive rights to the Application, as an object of intellectual property, belong to the Company.
1.5. Device - electronic device connected to the Internet, based on operating systems iOS and Android, which allows users to Registration / authorization, and which provides the opportunity to use the Application. The given definition include, without limitation, computers (including laptops, mackintosh computers), mobile phones (including smartphones and communicators), PDAs (including tablet devices).
1.6. Electric scooter is a stand-up scooter powered by an electric motor.
1.7. User registration is the performance by the User, interested, and the Company of a certain set of actions recorded in this Agreement, in the Application.
1.8. User authorization - the implementation of a certain set of actions recorded in this Agreement, in the Application in order to identify the registered User for subsequent use of the Application.
1.9. Support Service means the customer support services, which provides, consulting support to Users, aimed to help and inform to use the Application,.
1.10. The terms used in this Agreement in the singular may imply the plural, and vice versa.

2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS

2.1. In accordance with this Agreement, the Company grants the User a revocable non-exclusive right to use the Application, with the right to use the Application to search for available electric scooters and rent them, and the User undertakes to pay the Company a license fee.
2.2. Using the Application means that the User agrees and accepts the amount of the license fee proposed in the Application. If the User does not agree with the fee, he is obliged to refuse to use the Application.
2.3. The license fee is withheld by the Company from the bank card linked by the User to the Application each time the Application is used for searching and renting the Electro scooter.
2.4. The use of the Application is allowed only in the ways provided for by this Agreement.
2.5. The User guarantees that he would not use the Application, in violation of the legislation and the Agreement.
2.6. The User informs the Support Service about bugs and errors that arise during the use of the Application.

3. USER REGISTRATION AND AUTHORIZATION

3.1. In order to Register the User in the Application, the User independently downloads the Application to the Device using the AppStore (itunes.apple.com) and / or Google Play (play.google.com) application stores on the Internet.
3.2. In order to Register, the User fills out a questionnaire, providing the information required in this questionnaire, including the information specified in clause 5.1 of this Agreement.
3.3. The User cannot complete the Registration without accepting the terms of this Agreement by ticking the checkbox "I agree with the terms and accept the User Agreement" or clicking the "Accept" button in the Application.
3.4. Before performing the actions specified in clauses 3.3, 3.4 of this Agreement, the User enters his mobile phone number and password. Subsequently, when authorizing in the Application, the mobile phone number specified by the User during Registration is considered as a login to access the User's personal account.
3.5. After the User provides data in accordance with clause 3.2 of this Agreement, the Company within 5 (five) working days checks the User and the data provided by him, and within the same period, based on the information provided by the User, makes a decision to register the User. The Company informs the User about the decision taken in any convenient way for the Company.
3.6. If the User provides inaccurate information or unreadable information during Registration, or if the Company has reason to believe that the information provided by the User is unreliable, the Company has the right, at its discretion, to block the User's access to the use of the Application. In addition, the Company has the right to refuse to register the User without giving any reason at any stage.
3.7. Upon completion of the User's Registration, the User's authorization, which implies the possibility of using the Application in full, is carried out by entering the mobile phone number and the code received via SMS.
3.10. Upon completion of the Registration, the User makes all calls to the Support Service from the mobile phone number specified during registration.
3.11. The user can change the mobile phone number specified by him during Registration by contacting the Support Service or by e-mail to support@jetshr.com. The Company informs the User about changing the mobile phone number specified during Registration to a new number by sending an SMS message to the new mobile phone number.
3.12. If the User successfully completes the Registration in the Application, the User must link (enter data) to the Application about his bank cards, which are automatically integrated with the Application and from which funds will be debited against the license payments provided for in this Agreement.
The possibility of making online payments is provided by the User independently through the bank that issued the bank card.

4. USER STATEMENTS.

4.1. By accepting the terms of this Agreement, the User declares that he:
- speaks English at a level sufficient to read and understand the meaning and significance of this Agreement;
- read the terms of the Agreement, understood the meaning specified hereof, agree with its content and accept it without any reservations, conditions and exceptions and undertakes to fulfill the requirements set by it, be responsible for non-fulfillment / improper fulfillment of the requirements and conditions set forth in it, and also understands all the consequences of his actions on Registration and the use of the Application ,
- provided the Company during Registration with complete, valid and reliable data (including personal data);
- meets all the requirements imposed on him by this Agreement, in particular, he has the right to drive vehicles in accordance with the requirements of the current legislation, his age is at least 18 (eighteen) years. The specified requirements for the User are not exhaustive. The Company has the right to refuse Registration.
- agrees with the placement in the Electric scooter of any equipment that allows to track and spot the exact coordinates of the Electric scooter,
- agrees that the amount of losses incurred by the Company resulting from the violation by the User of any of his guarantees and obligations under this Agreement is determined solely by the Company and at its discretion, and unconditionally agrees to reimburse the Company for such losses;
- agrees that this Agreement may be amended by the Company without any notification from the Company, and undertakes to independently monitor the relevant changes to this Agreement. The new version of this Agreement or changes come into force from the moment they are posted on the Site or in the Application;
- agree to receive from the Company any notifications, messages, information and mailings in any format, provided that their content meets the requirements of the current legislation of Kazakhstan;
- recognizes the legal force for the documents sent by the Company through the Application;
4.2. User must tick the checkbox "I agree with the terms and accept the User Agreement" or clicking the "Accept" button in the Application to conclude this Agreement. A user who has not read the terms of this Agreement in a timely manner assumes all risks of adverse consequences associated with this.

5. USER CONSENT

5.1. By joining these Agreement, the User expresses his/her/its consent and gives permission to the Company to collect and process his/her/its Personal Data, as well as consent to the transfer, cross-border transfer (if necessary) of the User's personal data to suppliers, partners of the Company and authorized attorneys of the specified persons for the purposes specified in these Terms.
5.2. Personal Data processing means actions (operations) with Personal Data, including storage, modification, addition, use, dissemination, depersonalization, blocking and destruction, including the transfer of Personal Data to suppliers, partners or other persons in the process of providing access to the Application. On the basis of a confidentiality agreement concluded with third parties, the Company has the right to entrust them with processing, cross-border transfer (if necessary) of the Users' personal data solely for the purpose of providing access to the Application and to achieve the purposes specified in these Agreement.
5.3. From the moment the User joins these Terms, the Company collects, processes the User's personal data, and takes other actions necessary to protect the Personal Data. By joining these Terms, the User expresses his/her/its consent and does not object to the fact that the Company has the right to attract third parties, including partners and (or) representatives, to collect, process Personal Data, as well as take other actions necessary to ensure access to the Application and achieve the purposes specified in these Terms.
5.4. Collection, processing and cross-border transfer (if necessary) of the User's Personal Data is performed by the Company for the following purposes, including, without limitation:
• in order to ensure proper access to the Application, as well as the rights and liabilities assigned to the Company by the legislation of the Republic of Kazakhstan;
• for the purposes of internal control and accounting of the Company;
• for judicial and extrajudicial protection of the Company’s rights: in case of violation of liabilities under the relevant transactions; in case of disputable situations, including disputable situations with third parties;
• to conduct research aimed at improving the Application’squality;
• for statistical research, verification, research and analysis of the data obtained, allowing the Company to maintain, improve and develop new features of the Application.
5.5. When transferring Personal Data to the Company through open communication channels, the User understands and assumes the risk of unauthorized receipt by other persons and the associated consequences. The Company shall not be responsible for the unauthorized receipt of Personal Data by other persons during their transmission through open communication channels.
5.6. The Company shall ensure confidentiality of the User's personal data, taking into account section 14 of these Terms. The Company shall not be responsible for damage of any kind incurred by the User in connection with disclosure and/or loss by the Company of his/her/its personal data, including the login, password that ensure access to the Application.
5.7. The User's consent to collection, processing and cross-border transfer (if necessary) of Personal Data, regulated by this section, can be revoked in cases regulated by the legislation of the Republic of Kazakhstan, on the basis of a relevant written application, which is delivered to the Company within at least 30 (thirty) calendar days prior to the date of revocation of this consent. At that, the User is aware that this consent cannot be revoked in cases where such revocation contradicts the legislation of the Republic of Kazakhstan, or if there are unfulfilled obligations by the User to the Company.
5.8. The user agrees to receive advertising messages from the Company containing advertising of goods and services sold by the Company and / or its partners and / or other third parties, to the email address and mobile phone number (including accounts linked to it in WhatsApp, Viber messengers) , Telegram, etc.) specified by the User during the Registration process, as well as other email addresses and mobile phone numbers (including accounts linked to them in WhatsApp, Viber, Telegram messengers, etc.) provided by the User to the Company in accordance with this Agreement. In the event that the User requests the Company to stop distributing advertising messages to him, the Company undertakes to immediately stop such distribution in relation to the User who has applied with the corresponding request.
5.10. The User gives his consent for the Company to record communications (conversations) of the User with the Support Service and provide such a record to third parties.
5.11. The User gives his consent for the Company and its Partners to keep the data about his bank account and bank card by means of which he pays the license fees under the Agreement.

6. GUARANTEES, OBLIGATIONS AND LIABILITY OF THE USER

6.1. User guarantees that he will use the application only for personal non-commercial purposes not related to business activities and only in accordance with the terms of this Agreement.
6.2. The user guarantees that he will not register on behalf of another person and / or transfer registration data to third parties.
6.3. The User guarantees that he is the owner of all bank cards linked by him to the Application.
6.4. The User understands and agrees that for the proper use of the Application, he should ensure the proper speed of the Internet connection of the Devices. Before use of the Application, the User must independently make sure that his Device has the necessary characteristics for this. All issues of Internet access, purchasing and adjusting the relevant Devices and software products for this shall be decided by the User independently and at his own expense and are not subject to the Agreement.
6.5. The user is responsible for all actions carried out in the Application.
6.6. The User should not allow any third party to use the User's login, password. The company is not responsible for possible damage, loss or damage to data that may occur due to violation of this provision by the User. The User undertakes to take appropriate measures to protect and keep secret the information used for authorization in the Application, including the username and password, from unauthorized use by others and immediately inform the Company of the relevant information in the event of such use being discovered. The user bears all risks of adverse consequences associated with the absence of such a message.
6.7. The User undertakes to independently monitor changes in the terms of this Agreement in the Application.
6.8. The User undertakes not to use any technology and not to take any action that may harm the Application, the interests and property of the Company.
6.9. The User undertakes to comply with other provisions of the current legislation of Kazakhstan, the provisions of this Agreement and the legal requirements of the Company.
6.10. In the event that in connection with the violation by the User of the terms of this Agreement, the Company incurred losses, including as a result of claims and claims brought against the Company by third parties, the User undertakes to settle such claims and claims on his own and at his own expense, and to reimburse the Company caused by non-compliance by the User of the terms of this Agreement, losses in full.
6.11. For non-fulfillment or improper fulfillment of his obligations under this Agreement, the User is liable in accordance with the current legislation of Kazakhstan and this Agreement.
6.12. The User undertakes to inform the Company about the change of the mobile phone number and other data specified during Registration. The user bears all risks of adverse consequences associated with the absence of such a message.
6.13. The user undertakes to comply with the traffic rules. In the event of an accident due to the fault of the User or the mutual fault of the User and another (other) participant (s) of road traffic, as well as another case of damage, User obliges to compensate for the damage caused unconditionally and in full.
6.14. In the event of a road traffic or other accident involving the User, the User is obliged to contact the Support Service immediately.
6.15. By accepting this Agreement, the User confirms that he has fully read these terms and conditions and understood their content, and he agrees with the terms.
The user is solely responsible for the harm caused to third parties, their property as a result of using an Electric scooter.
If it is impossible to operate the Electric Scooter, the User is obliged to immediately inform the Support Service and follow the instructions of the operator. The user is solely responsible for the damage caused by the Electric scooter.
6.16. Failure to return the Electric scooter in accordance with the rules of this Agreement will be considered its loss until it is discovered. In case of loss of the electric scooter, the User undertakes to compensate for the damage in the amount of the replacement cost of the electric scooter according to the price list.
6.17. In case of theft of an Electric scooter before its return, the User immediately undertakes to inform the Support Service about this, no later than 3 (three) hours. In this case, the User must contact the police with a statement about the theft of property and receive an appropriate certificate from the police about the initiation of a criminal case or a refusal to initiate a criminal case. The user is obliged to provide the Company with the copy of this document immediately.
6.18. In the event that the Electric Scooter is found, the Company returns to the User the funds debited from the User's bank card. However, the Company has a right to withhold from the given funds the amounts equal to the cost of damage to the detected Electric scooter, as well as the cost of usage of the Electric Scooter.
6.19. In the event of a road traffic or other accident involving the User, the User is obliged to contact the Support Service immediately. In any case, the User remains responsible for the Electric Scooter until the moment of its return.
6.20. In the event of harm (damage) to the Electric Scooter, the User is obliged to compensate the Company for the damage caused in the amount determined by the Company. If the User disagrees with the calculation made, he has the right to contact the Company to resolve disputes in the manner prescribed by this Agreement.
6.21. The User is solely responsible for all administrative fines imposed on the User in connection with administrative offenses committed by him while using the Application.

7. WARRANTIES AND LIABILITY OF THE COMPANY

7.1. The Company provides access to the Application on the “as is” and on the “available” basis in the form in which it is available at the time of provision, without any express or implied guarantees. The Company determine the types, features, basic properties, volume, quantity and (or) completeness, term and other terms for access to the Application. The User gets access to the Application voluntarily (at his/her/its own discretion), subject that he/she/it fully assumes all risks and consequences.
This means, among other things, that the Company:
• is not responsible for the speed and smooth operation of the Application, their compatibility with the software and operating systems of the User's Devices;
• is not responsible for the absence of errors and / or viruses during the operation of the Application, interruption of communication channels and failure of the server infrastructure at the level of backbone communication channels, data exchange centers, computing centers, as well as communication lines of regional and local significance, non-performance or improper performance their obligations due to failures in telecommunications and / or energy networks, as well as unfair actions of third parties aimed at unauthorized access and / or disabling the Application. The user agrees and confirms that he uses the Application solely at his own risk.
• is not responsible for the proper functioning of the User's Device;
• is not responsible for the discrepancy between the Application and the User's expectations;
• is not responsible for the actions of Users in the Application and for the consequences of the Users' use of the Application.
7.2. If the User's Device does not support the display and operation of the Application, the Company does not guarantee the provision of access to the relevant resources and the possibility of their use / full use.
7.3. The Company is not responsible for the temporary inoperability of payment systems that ensures the acceptance and transfer of User payments caused by reasons beyond the control of the Company, as well as force majeure circumstances.
7.4. The Company is not responsible for violation of the terms of the Agreement, if such violation is caused by the action of force majeure circumstances (force majeure), including among others: actions and decisions of state authorities and / or local government, fire, flood, earthquake, other acts of God, absence electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances that may affect the Company's compliance with the terms of this Agreement.
7.5. The Company is not responsible for non-fulfillment or improper fulfillment of its obligations if this is caused by actions / inaction of the User outside the control of the Company, including as a result of erroneous actions / inaction of the User.
7.6. The Application may contain products and / or services offered to the User on a paid and / or free basis by third parties. The company is not a participant in the relationship for their provision / provision, and is not responsible to the User and / or third parties for their presentation / provision.
7.7. The Application may contain links to websites, applications and other resources of third parties. The specified sites, applications and other resources of third parties and their materials are not checked by the Company for compliance with the requirements of the legislation of Kazakhstan and the Company is not responsible for their content.
7.8. A link to any site, application, resource, product or service, any information of a commercial or non-commercial nature posted in the Application does not constitute an endorsement or recommendation of the above from the Company. If the User decides to go to sites, applications, resources, products, services of third parties or use third-party programs, then he does so at his own risk.
7.9. The actions of any third parties, as well as the actions of payment systems, telecom operators are not the actions of the Company, and the Company is not responsible for them.
7.10. The Company is not responsible for the placement of the Application, links to it in any sources not authorized (not confirmed) by the Company (counterfeit application). If the User uses a counterfeit application, the Company does not bear any responsibility to him in connection with such use.
7.11. The company guarantees the fair and lawful processing of the User's personal data in accordance with the purposes provided for in this Agreement.
7.12. The Company guarantees the timely updating of the User's data in case of providing them with updated data.
7.13. The Company is liable only for direct̆ actual̆ damage caused as a result of the culpable failure to fulfill the obligations of the Company, within the amount of all payments̆ for using the Application (not including reimbursement of costs, fines and losses) paid by the User to the Company for the entire period preceding the submission of the corresponding claim, but no more 12 (twelve) months.
7.14. The Company is not responsible for the use of the Application from the User's Device by third parties, in connection with which all actions performed from the User's Device are considered the actions of the User. In the event that any person gains access to the Application and the ability to use them on behalf of the User, the User is obliged to immediately notify the Company in writing (by e-mail), or by contacting the Support Service. Otherwise, all actions performed on behalf of the User using the Application will be regarded as actions performed directly by the User.

8. DURATION OF AGREEMENT. PROCEDURE FOR CHANGING AND WITHDRAWAL FROM AGREEMENT

8.1. The user accepts this Agreement by performing the actions specified in clause 3.4 of this Agreement. The date the User performs these actions is the date of entry into force of this Agreement. This Agreement is effective from the date of entry into force for an indefinite period.
8.2. The company has the right to amend the terms of this Agreement at any time. Changes to the terms of the Agreement are carried out by amending the existing version of the Agreement, or creating a new version of the Agreement, and become binding on the Company and the User (come into force) from the date the Company posts the new version of the Agreement or changes made to the Agreement in the Application. If User does not agree with the changes, he has the right to refuse to perform this Agreement in the manner specified below, which does not relieve the User from their obligations arising prior to the termination of the Agreement.
8.3. In the event that the User has not refused to fulfill the Agreement (has not submitted an application (notification) of termination (clause 8.5), it is considered that the User has read, understood, agrees to comply with the Agreement in the new edition or amendments to it and unconditionally accepts the specified new edition of the Agreement or changes to it from the date of their entry into force. The User on a periodic basis independently monitors the Application for changes in the terms of the Agreement. The risk of non-compliance with this requirement is fully borne by the User.
8.4. The Company and the User have the right to refuse to execute this Agreement by notifying the other Party about it no later than seven calendar days before the expected date of termination of the Agreement. In this case, the initiator of the termination of the Agreement undertakes to fulfill all its obligations arising from the Agreement no later than the date of termination of the Agreement.
8.5. Cancellation of the Agreement at the initiative of the User is carried out within the timeframes provided for by this Agreement, on the basis of a personally signed statement (notification) of the User, transmitted by the User to the Company (personally, by courier, by mail), or, in the absence of objections from the Company, the User can send a scan of the signed them statements (notices) by e-mail to support@jetshr.com.
8.6. The Company has the right to unilaterally and extra judicially refuse to execute the Agreement if the User violates any of his obligations, statements and guarantees provided for in the Agreement. In this case, the Agreement is considered terminated at the moment of sending a notification to the User via the Application (sending a push notification) or sending sms messages, or via e-mail. In the event that at the time of notification the rental of the Electric Scooter takes place, the User undertakes to immediately complete the rental in compliance with the requirements for the completion of the rental and parking.
8.7. In terms of unfulfilled obligations of the Parties, the Agreement terminated for any reason continues to operate until the fulfillment of these obligations in full.

9. DISPUTE RESOLUTION AND JUSTICE

Any dispute, controversy, difference or claim, whether contractual or non-contractual, arising out of or in relation to the Agreement, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the International Arbitration Centre of the Astana International Financial Centre (“IAC”) in accordance with the IAC Arbitration and Mediation Rules in force on the date on which the Request for Arbitration is filed with the Registrar of the IAC, which Rules are deemed to be incorporated into this clause. The governing law of this Agreement shall be the substantive law of Kazakhstan.

10. OTHER

10.1. Unless otherwise expressly provided for in this Agreement, from the moment of its entry into force, the Company and the User recognize the legal force for the documents sent by e-mail (the Company's e-mail addresses indicated on the Website and in the Application, and the User's e-mail addresses indicated during the Registration process), agree that these documents are equivalent to documents drawn up on paper and signed by the handwritten signature of the person concerned.
10.2. From the moment this Agreement enters into force, the Company and the User recognize the legal force for messages and actions sent and performed accordingly by using the Application on behalf of the User, as well as using the phone number specified by the User during Registration.
10.3. Messages sent to e-mail are considered received by the addressee at the time they are sent.
10.4. The Application is the of the Company, any use is allowed only with the authorization of the Company. The use and applications I without the permission of the Company by any means and for any purpose other than that permitted by the Agreement, is illegal and may result in soboĭ attract users to the account.
10.5. In the part not regulated by this Agreement, the relationship between the Company and the User is governed by the current legislation of the Republic of Kazakhstan.
10.6. The Company has the right to use facsimile reproduction of the signature of an authorized person of the Company (by means of mechanical or other copying) in any documents, including in this Agreement and / or in related messages and notifications. The parties acknowledge the validity of such documents.
10.7. For all questions related to the use of the Application with all claims, the User can contact the Support Service. When filing a claim with the Company, the User must provide documents confirming the validity of the claim, as well as indicate his data provided by him during Registration.

11. COMPANY’S DETAILS