about rendering of services on hire of electric scooters
This Agreement is public, in accordance with Art. Art. 633, 641 of the Civil Code of Ukraine, and its terms are the same for all Lessees, the unconditional acceptance of the terms of which are considered acceptance of this offer by the Lessee, for which the Landlord publishes this Agreement as follows
Individual entrepreneur Mikhailis Dmytro Yevhenovych, (entry number in the Unified State Register of Legal Entities and Individual Entrepreneurs 2 025 000 0000 014523 dated 17.07.2018, registered at: 20300, Cherkasy region, Uman, Kamianyi lane, house 4, apartment 32, registration number of the taxpayer's account card: 3568103654), hereinafter referred to as the “Landlord”, on the one hand, and an able-bodied adult (citizen of Ukraine, foreigner, stateless person) who accepted the offer of this public Agreement on the provision of scooter rental services, hereinafter referred to as “the Lessee”, on the other hand, collectively, the Parties have entered into this public Agreement on the provision of electric scooter rental services (hereinafter – the Agreement) on the following:
1. DEFINITION OF TERMS
Acceptance – response of the natural person to whom the offer to conclude the contract is addressed, about its acceptance (acceptance of the offer);
Non-acceptance transend of funds – debiting funds from the bank card specified by the Lessee to fulfill the terms of this Agreement.
Transend of funds is carried out without obtaining additional consent from the Lessee, according to the rules and in the manner prescribed by the legislation of Ukraine and this Agreement.
MRIY Mobile Application (hereinafter referred to as Mobile Application;
Application – a program provided by the Landlord, which is installed by the Landlord on a mobile device and allows to use the services of the Landlord.
Personal data – any information concerning the Lessee, including his surname, name, patronymic, year, month, date and place of birth, address, passport data, as well as data of another identity document of the Lessee, contact telephone numbers , e-mail, account in the Mobile application; information about the bank card provided by the Lessee upon registration in the Mobile Application, as well as other information that may become known to the Lessor regarding the Lessee upon concluding, performing and terminating this Agreement.
RRT – traffic rules (with all changes and additions), approved by the resolution of the Cabinet of Ministers of Ukraine "On the Rules of the Road Trafic" of October 10, 2001 № 1306 (with changes and additions).
Rolling (sharing) – use of the electric scooter in accordance with its intended purpose (personal movement through the city), from the moment of the beginning of use of the electric scooter to the moment of its end, according to the rules defined by this Agreement. In this Agreement, the terms “rental” and “lease” are used interchangeably.
Landlord’s Website – https://m-riy.com.ua
Public offer – one that contains all the essential terms of the Rental Agreement, the Lessor’s proposal to enter into the Agreement on the terms specified therein with any individual who may act as a Lessee under this Agreement. In this Agreement, the terms “Public Offer” and “Offer” are used interchangeably.
Electric scooter – a vehicle provided to the Lessee by the Lessor for temporary use under the Rental Agreement, which is concluded by the Lessee’s acceptance of this public Agreement by means of the MRIY application.
Area of use – the territory of the city, marked in the appendix “MRIY” in green, within which the Landlord provides rental services of electric scooters, and within which the Lessee may use the services of the Landlord.
Booking – fixing the electric scooter chosen by the Lessee for this user at the time of booking.
2. SUBJECT OF THE AGREEMENT
2.1 The Landlord transfers the electric scooter to the Lessee for temporary use, and the Lessee accepts the electric scooter for use for consumer purposes (for personal needs), not related to business activities.
2.2 The Lessee may use an electric scooter only within the Use Area. Outside the specified Zone, the Lessee will not be able to complete the trip, and therefore, the usage fee will be charged until the Lessee returns to the Usage Area and completes the trip.
3. TERMS AND CONDITIONS OF CONCLUSION OF THE AGREEMENT
3.1 At the time of concluding the contract, the Lessee must have full civil capacity (be of legal age at the time of acceptance of this offer, be aware of the significance of their actions and be able to manage them).
3.2 The Lessee, who wishes to enter into the Agreement, must accept this Offer in electronic form, in the manner prescribed by the Agreement.
3.3 The Agreement is concluded by joining the Lessee to the conditions established by the Agreement as a whole, without any conditions or reservations;
3.4 Acceptance means that the Lessee has read all the provisions of the Agreement, agrees with them and undertakes an unconditional obligation to comply with them.
3.5 Acceptance is considered to be committed by the Lessee provided that he performs the following set of actions:
3.5.1 Completion by the Lessee in full of the questionnaire provided to the Lessee at the time of registration in the “MRIY” service.
3.5.2 acquaint the Lessee in full with the terms of this Agreement, terms of service and Privacy Policy, mark them or click “I agree” when registering in the application “MRIY”, which the Landlord and the Lessee recognize as an analogue of the Lessee’s handwritten signature, equal in legal force to the Employer’s handwritten signature on paper.
3.6 The Parties agree that in case the Landlord has doubts about the accuracy of the data specified in the Personal Data Questionnaire, when registering in the service “MRIY”, he has the right through the Mobile application or otherwise send a request for additional information about the identity of the Employer, including number, photos of the pages of his passport, or other identity document. The parties agreed that in the absence of such additional information that eliminates doubts about the accuracy of the personal data specified in the Questionnaire, the acceptance may be considered unfulfilled, and the Agreement may be considered unconcluded.
3.7 The Lessor is not responsible or any obligations if the offer is not accepted and the Agreement is not concluded due to the inability to process the information provided by the Lessee for technical reasons.
3.8 By accepting the offer, the Lessee confirms and guarantees that any actions performed in the “MRIY” service under his account are performed personally by the Lessee. All risks associated with the unauthorized use of the Lessee’s account or mobile device are borne solely by the Lessee.
3.9 By accepting the offer, the Lessee confirms his consent to the processing of his personal data by the Lessor in accordance with the terms of the Agreement and agrees to the recording of conversations when contacting the Call Center of the Lessor.
4. CONTENT OF THE AGREEMENT
4.1 Obligations of the Landlord:
4.1.1 Provide the Lessee through the Mobile application “MRIY” or by posting on the Landlord’s Site full information about the scooter, its technical characteristics, the amount of rent (tariffs), etc., as well as timely post on the Landlord’s Website information about changes in the Agreement;
4.1.2 Provide the Lessee with an electric scooter suitable for use for its intended purpose. In this case, the Landlord does not guarantee the serviceability, cleanliness and absence of damage to the electric scooter, if such information was not illegally provided by the previous Lessee. In any case, the Lessee is obliged to make sure that the electric scooter is in good condition before using it (in accordance with clause 1 of the Rules of the trip of Appendix A of the Terms of Use Agreement (www.m-riy.com.ua) and in the event of a critical discrepancy, the Rider is obliged to refuse to use the service and, if desired, notify the Lessor via the mobile application or use other electric scooters;
4.1.3 To bear the costs of maintaining the electric scooter, which arise in connection with its normal operation (except for costs that are directly imposed by the Contract on the Lessee);
4.1.4 Ensure compliance with the requirements of the legislation of Ukraine in obtaining and processing personal data of the Lessee;
4.1.5 Properly perform the obligations arising from this Agreement;
4.2 Rights of the Landlord:
4.2.1 Check the information, including personal data provided by the Lessee during registration in the Mobile Application “MRIY”;
4.2.2 Process the personal data of the Lessee, provided during registration in the Mobile Application “MRIY”, as well as received during the conclusion and execution of this Agreement, (including through technical means);
4.2.3 Check the debts of the Lessee under this Agreement, as well as under other agreements between the Lessee and the Lessor, if any;
4.2.4 Carry out control over ensuring the safety of the electric scooter, as well as its technical condition, control the compliance of the operation of the electric scooter with the purposes established by this Agreement and the terms of use;
4.2.5 Refuse to enter into an agreement if the Lessee provides inaccurate or incomplete personal data during registration in the MRIY Mobile Application;
4.2.6 Refuse to enter into the Agreement, suspend or terminate it, if the Lessee has a debt arising from this or other Agreements concluded between the Lessee and the Lessor, until such debt is repaid in full, as well as in case of breach by the Lessee terms of this Agreement;
4.2.7 Unilaterally amend this Agreement (including the terms of cost and rental conditions), which shall notify the Lessee by posting the relevant information on the Landlord’s Website or in the Mobile Application “MRIY”;
4.2.8 In case the Lessee leaves the Zone of use during the rental of an electric scooter, more than 1 kilometer, to declare to law enforcement agencies the fact of theft, as well as to resort to other ways provided by the legislation of Ukraine to protect their rights;
4.2.9 If the Landlord has sufficient grounds to believe that the Lessee is committing fraudulent acts, as well as other acts of dishonest behavior, unilaterally terminate performance under this Agreement by notifying the Lessee through the Mobile Application “MRIY”.
4.2.10 Switch the electric scooter to energy saving mode (reduction of speed) in case of reduction of the battery charge below 10%
4.3 Rights of the Lessee: The Lessee has the right to use the electric scooter according to its intended purpose, in the terms, in the order and under the conditions provided by this Agreement.
4.4 Responsibilities of the Employer:
4.4.1 Before using the electric scooter to conduct its external inspection for damage and technical condition (good condition of the frame; good condition of the wheels (i.e., the wheels are not flat and not clogged with debris or dirt); safe operation of the brakes; sufficient battery power; the signal (bell) of the electric vehicle is working; lights and reflectors are in good working condition if you intend to ride the electric vehicle at night; the electric vehicle does not show any signs of damage, unusual or excessive wear, or other mechanical problems or the need for maintenance; and compliance with the instructions, in particular, the Safety Rules, which are provided to you in accordance with Annex A of the Terms of Use Agreement (www. m-riy.com.ua);
4.4.2 In case of damage or other defects of the electric scooter before its use, notify the Landlord and send him photos using the Mobile Application “MRIY”. If the Lessee has not notified the Landlord of existing damage or other defects of the electric scooter before use, the Lessee pleads guilty to causing damage while using the electric scooter, if such were found by another Lessee or the Landlord in the future.
4.4.3 In the absence of damage and other defects in the electric scooter, to accept the electric scooter for temporary use in the manner prescribed by section 7 of this Agreement;
4.4.4 Use the electric scooter strictly in accordance with its intended purpose.
4.4.5 Operate the electric scooter personally. The lessee has no right to transfer the electric scooter to third parties for free use and / or sublease.
4.4.5.1 The Lessee shall not have the right to transfer the electric scooter to persons who have not reached the age of majority or to incapacitated persons or persons whose legal capacity is limited.
4.4.6 Ensure the preservation of the electric scooter from the moment of commissioning until the end of the rental.
4.4.7 Use the Landlord’s property carefully. Take measures to prevent damage to the Landlord’s property. In this regard, the Lessee is prohibited from performing a number of actions, in particular, but not exclusively:
4.4.7.1 The Lessee is prohibited from using the electric scooter on uneven surfaces, outside sidewalks and paved paths, moving through any pits, potholes, slides, other irregularities that differ from the main canvas by more than 3 cm, as well as have sharp edges, or other features of the roadway that create additional load for the wheels of the electric scooter, puddles, depth of more than 1 cm, regardless of the possibility of external determination of depth;
4.4.7.2 The lessee is prohibited from using an electric scooter for off-road, rough terrain;
4.4.7.3 The Employer is prohibited from performing acrobatic tricks, jumping, hitting obstacles, curbs, stairs; use an electric scooter in competitions;
4.4.7.4 The lessee is prohibited from using an electric scooter for transportation, towing of goods; to move on the electric scooter to more than one person at the same time, and also to transport children and animals; to move on the electric scooter at excess of total weight (with clothes, a bag, a backpack, etc.) over 100 kg;
4.4.7.5 The Lessee is prohibited to leave the electric scooter after the end of the rental in hard-to-reach places, fasten it to various structures (signs, poles, fences, etc.) or otherwise block the electric scooter;
4.4.7.6 The lessee is prohibited from disassembling the electric scooter or removing any parts from it;
4.4.7.7 The lessee is prohibited to remove stickers, identification numbers, bar codes, as well as to apply inscriptions, stick stickers, apply marks, damage the paintwork of electric scooters, contaminate it (except for normal contamination during use);
4.4.7.8 The Lessee is prohibited from using technology or taking actions that may damage the Landlord’s Site, MRIY Mobile Application, electric scooters, or other property of the Landlord;
4.4.7.9 The Employer is prohibited from making any changes to the electric scooter, changing any of its characteristics, improving or deteriorating electric scooters.
4.4.8 Immediately notify the Landlord through the Mobile Application “MRIY” of any damage to the electric scooter received during the rental, disconnection of any of the systems, other malfunctions, traffic accidents involving the electric scooter; malfunction of the Mobile application “MRIY”. In such circumstances, the Lessee must stop using the electric scooter, which must inform the Landlord through the Mobile Application “MRIY”;
4.4.9 Take appropriate measures to protect your MRIY account, including your username and password, from unauthorized use by others, and immediately notify the Landlord of relevant information in the event of such use;
4.4.10 The Employer has no right to transfer the data of his account in the service “MRIY” (login, password, etc.) to third parties;
4.4.11 In case the Landlord has doubts about the legality of the use of a registered account, the Landlord has the right to request additional information about the identity of the Lessee, including photos of the pages of his passport or other identity document. The Parties have agreed that in case of failure to respond to the request, the Landlord has the right to suspend, and after three days to terminate this Agreement.
4.4.12 Follow the information updates on the Landlord’s Website, as well as in the Mobile Application “MRIY”;
4.4.13 Timely, in accordance with the terms of this Agreement to pay rent, pay other payments provided by the Agreement;
4.4.13.1 Timely, in accordance with the terms of this Agreement, to pay in full for the services of electric scooter rental, even if the electric scooter due to low battery mode went into economy mode, or disconnected due to being discharged during the previous rental period by this Lessee;
4.4.14 In case of debiting funds from the Lessee’s account in the amount that does not comply with the tariffs, immediately notify the Landlord through the Mobile Application “MRIY”, by e-mail or by phone specified on the Landlord’s website;
4.4.15 After the end of the use of the electric scooter and termination of the rental, the Lessee is obliged to park the electric scooter within the Use Zone in the bicycle parking lot, and in its absence – on the side of the road or sidewalk, but so that the electric scooter does not obstruct pedestrians or vehicles. The lessee must not allow parking of the electric scooter on tram tracks, on railway tracks or crossings, in tunnels, on overpasses, bridges, overpasses, on pedestrian crossings and closer than 5 m before or after them; on the roadway, near dangerous turns; on the lane for cyclists; at the intersection of roadways and closer than 5 m from the edge of the roadway; closer than 15 meters from the stops of route vehicles or parking of cars.
4.4.16 The electric scooter must be returned to the Lessor in a technically sound condition, without any damage, in the manner prescribed by this Agreement;
4.4.17 When using an electric scooter, the Lessee is obliged to follow the rules of the road and personally bear the responsibility established by the legislation of Ukraine for their violation. In this regard, the Lessee when using an electric scooter, in particular, must: – move on the bike path; – when driving in the dark or in conditions of insufficient visibility, it is necessary to turn on the headlight of the scooter, and it is also recommended to wear objects with reflective elements and ensure the visibility of these elements to other road users.
4.4.18 To prevent the possibility of the Lessee being prosecuted for violating traffic rules, the Lessee is prohibited from: – driving an electric scooter in a state of alcohol, drugs, toxic or other intoxication, as well as refusing to undergo a medical examination at the request of an authorized person; – operate an electric scooter without holding the steering wheel; – go down on an electric scooter in the subway, underpasses, drive inside buildings and structures, in areas with limited access, private areas, etc .;
4.4.19 Do not allow damage to life, health and property of third parties, including other road users. In case of damage with the use of an electric scooter, the Lessee is held liable in the manner prescribed by current legislation of Ukraine.
5. AMOUNT, ORDER AND METHOD OF PAYMENT
5.1 Lease payments, fines and other payments provided for in this Agreement shall be made by non-acceptance debiting of funds from the Lessee’s wallet in the “MRIY” application in accordance with the Lessor’s tariffs.
5.2 Personal Wallet The Lessee replenishes by redirecting to the payment system website, where the Lessee enters his valid bank card details and fulfills other requirements for replenishing the personal wallet in the “MRIY” service.
5.3 Upon acceptance of this Offer, the Lessee expresses its unconditional consent to the unaccepted write-off of funds from the personal wallet in the “MRIY” service, which are rent payments, fines and other payments provided for in this Agreement.
5.4 For the use of the electric scooter the Lessee pays the Landlord rent in accordance with the tariffs specified in the Mobile application “MRIY” and on the website of the Landlord;
5.5 VAT is not charged on the Landlord’s services, as he is not registered as a VAT payer.
5.6 Write-off of funds for the use of the electric scooter is carried out immediately after the termination of the use of the electric scooter (after the trip).
5.7 In case of illegal debiting of funds from the Lessee’s wallet in the “MRIY” application, the latter has the right to contact the Landlord at the phone numbers (contacts) listed on the MRIY website (https://m-riy.com.ua/) to return such funds. . Each application of the Lessee is considered by the Lessor within 3 days. To resolve the issue of return of illegally written off funds, the Landlord has the right to make calls and send notifications to the Lessee in order to obtain the necessary information.
5.8. In case the Landlord charges the Lessee a penalty (s), in the absence of sufficient funds in the Lessee’s wallet, the Landlord has the right to send an invoice for the relevant amount of the penalty to the Lessee’s e-mail address and / or mobile phone number.
5.9. In the event that the Renter is awake and the wallet balance is insufficient to continue the lease, the Lessor reserves the right to replenish the wallet for the minimum amount of the package from the linked bank card by means of an acceptance-free debiting of funds. This will allow you to continue the trip without stopping and wasting time to replenish the balance.
5.10. If the Renter wants to return the funds that are in his/her internal wallet of the MRIY application, the Renter must write a request to support@m-riy.com.ua, indicate the name, surname, phone number and the amount to be returned. Such a request is considered within 3 working days, and the funds will be refunded within the period set by the Renter's bank. The Lessor reserves the right to refund only the entire transaction to the MRIY service, if the client has started using the funds of this transaction, the balance cannot be returned.
5 .11. The price of renting a scooter is indicated in the application. The tariff may change during promotions and will be displayed in the MRIY application in the "Unlocking the scooter" window. The price in 2024 is - 10 UAH each unlocking, 4.00 UAH - per minute of use, 0.5 UAH/min - pause, 0.5 UAH/min – booking
5.12. After adding the bank card details to the wallet in the MRIY application, a test payment will be made. UAH 1.00 will be charged from the card to check the Renter's solvency and card activity. After the test payment, the funds in the amount of UAH 1.00 will be immediately returned to the Renter's card.
6. TERM OF RENTAL OF THE ELECTRIC DAM
6.1 The rental period of the electric scooter is calculated in minutes.
6.2 The period of renting an electric scooter starts from the moment of clicking the “Scan” button in the Mobile application “MRIY” and ends at the moment of the actual end of the rental of the electric scooter by the Lessee by clicking the button “End the trip” in the Mobile application “MRIY” and, at the request of as a confirmation, photos of the general view of the parked electric scooter through the Mobile application “MRIY”.
6.3 The Lessee shall not have the right to use the electric scooter before the acceptance of this public Contract, as well as after its execution, completion, termination, termination, etc.
7. THE PROCEDURE OF RECEIPT AND TRANSMISSION OF THE ELECTRIC DRIVE
7.1 Reception-transfer of the electric scooter from the Lessor to the Lessee is carried out as follows:
7.1.1 The lessee uses the MRIY Mobile Application to select any free electric scooter on the map. After that, the Lessee with the help of the Mobile application “MRIY” scans the QR code located on the steering wheel of the electric scooter, or opening the corresponding page in the Mobile application “MRIY” manually enters the number of the selected electric scooter. In this case, the Mobile application displays the following information about the electric scooter: location, cost of 1 minute of rental and the cost of unlocking, battery level.
7.1.1.1 The Lessee may use the MRIY Mobile Application to book a specific electric scooter, at the price and for the period specified in the MRIY Mobile Application or on the Landlord’s website. The reservation can be canceled by the Lessee through the MRIY Mobile Application.
7.1.1.2 In case of cancellation, as well as in the absence of the fact of the beginning of the rental of the electric scooter by the Lessee at the end of the reservation period – from the Lessee’s personal wallet in the Mobile application “MRIY” the booking fee is charged.
7.1.1.3 The Lessor has the right to refuse the Lessee in the reservation in the presence of at least one fact of cancellation or in the absence of the fact of the beginning of the rental of the electric scooter by the Lessee after the reservation period.
7.1.2 At the moment of clicking the “Scan” button in the Mobile application “MRIY”, the Lessee confirms the actual acceptance of the selected electric scooter and the rental prices and other conditions applied to it and from that moment the rental time of a particular electric scooter begins to be calculated.
7.2 Reception-transfer of the electric scooter from the Lessee to the Lessor is carried out as follows:
7.2.1 The Lessee parks the electric scooter in the permitted place within the Area of Use, clicks the “End Trip” button in the Mobile Application “MRIY”, and, at the request of the Landlord, sends a photo of the parked electric scooter via the Mobile Application “MRIY”.
7.2.2 The electric scooter rental period ends when the Lessee clicks the “End Trip” button in the “MRIY” Mobile Application. If the Landlord sent a request to the Landlord to send a photo of a parked electric scooter – at the time of sending such photos to the Landlord through the Mobile application “MRIY”. If the Lessee fulfills the procedure of acceptance and transfer of the electric scooter stipulated by the Agreement, the Lessee will receive a confirmation of completion of the rental in the Mobile application “MRIY”.
7.2.3 The fact of receipt of services by the Lessee is confirmed by payment by such Lessee of the Lessor’s services.
8. RESPONSIBILITY OF THE PARTIES
8.1 For non-performance or improper performance of the terms of this Agreement, the Parties shall be liable under this Agreement and the current legislation of Ukraine.
8.2 In case of overdue payment of debts for more than 48 hours from the moment of their occurrence, the Landlord shall charge a penalty in the amount of 2% of the amount of overdue debts for each day of such delay.
8.3 In case of violation by the Lessee of the provisions provided for in p. 4.4.7.7 and 4.4.15 of this Agreement, the Lessee pays a fine of UAH 500. for each case of such violation.
8.4 In case of violation by the Lessee of the provisions provided for in p. 4.4.8; 4.4.10; 4.4.17; 4.4.18 of this Agreement, the Lessee pays a fine of UAH 700. for each case of such violation.
8.5 In case of violation by the Lessee of the provisions provided for in paragraph 4.4.16 of this Agreement, the Lessee shall pay a fine of UAH 2,500. for each case of such violation.8.6. In case of damage to the electric scooter by the Renter, the Lender, in addition to the fine specified in clause
8.6. of this Agreement, may charge the Renter a fee equal to the cost of repair or replacement of the electric vehicle and damaged equipment.
8.7. In case the Lessee moves the electric scooter outside the Area of Use, provided that it has not been returned and found by the Lessor within 48 hours, the Lessor may in its sole discretion consider the electric vehicle lost or stolen and may charge the Lessee a fee equivalent to UAH 500 (five hundred ) euros for electric vehicles and file a complaint with the police regarding the theft committed by the Lessee.
8.8 Payment of penalties does not release the Lessee from compensation for damages caused to the Lessor.
8.9 The risk of accidental destruction or accidental damage to the electric scooter, from the moment of pressing the button “Start of the trip” in the Mobile application “MRIY” until the end of the rental is borne by the Lessee.
8.10 For violation of traffic rules the Lessee is liable under the Code of Ukraine on Administrative Offenses. If the payment of the penalty for the Lessee was made by the Landlord, the Lessee is obliged to reimburse the Landlord for the costs incurred in this connection.
8.11 In case of violation by the Lessee of the provisions provided for in clause 4.4.18; 4.4.7.4 of this Agreement, the Lessee pays a fine of UAH 1,000. for each case of such violation.
9. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1 This Agreement may be terminated before its expiration by agreement of the Parties or at the initiative of one of the Parties expressed in a form understood by both Parties.
9.2 This Agreement may be terminated early unilaterally out of court at the initiative of the Landlord on the following grounds:
9.2.1 In case of repeated (two or times) violation by the Lessee of the traffic rules during the use of the electric scooter;
9.2.2 In case of repeated (two or more times) violation by the Lessee of the rules of parking of the electric scooter;
9.2.3 In establishing the fact that the Lessee has caused damage to the Lessor’s electric scooter;
9.2.4 When establishing the fact of use by the Lessee of technical means blocking the GPS signal, as well as other methods of disabling protective systems or control systems installed on electric scooters.
9.3 In case of early termination of the Agreement at the initiative of the Landlord, the Agreement is considered terminated from the moment of notifying the Lessee through the Mobile Application “MRIY”.
9.4 This Agreement may be terminated unilaterally out of court at the initiative of the Lessee, if he sends a request to remove him as a user, provided there is no debt to the Landlord, fines and other payments provided for in this Agreement.
9.5 The request to remove the user is sent by the Employer to the e-mail of the Landlord – support@m-riy.com.ua or via the “Delete” button in the Profile menu in the mobile application “MRIY”.
9.6 In case of termination of the Agreement at the initiative of the Lessee, in the absence of debt, the Agreement is considered terminated after the expiration of 10 calendar days from the date of the Lessee’s request to remove the user. If the Lessee has debts, the Agreement is considered terminated after the expiration of 10 calendar days from the date of full repayment by the Lessee of arrears of rent, fines and other payments provided for in this Agreement. On the day of termination of the Agreement, the Landlord deletes the Lessee’s account.
9.7 Termination of the Agreement does not release the Lessee from the obligation to pay rent, fines and other payments under the Agreement, as well as does not release from liability for breach of the terms of the Agreement.
10. CONSENT OF THE EMPLOYER FOR THE PROCESSING OF HIS PERSONAL DATA
10.1 Under this Agreement, the Lessee provides the Lessor with his personal data. The Landlord has the right to verify the information provided by the Lessee.
10.2 Upon acceptance of this Agreement, the Lessee agrees to the processing of his personal data. This consent applies to the following actions with personal data: collection; record; systematization; accumulation; storage; clarification (update, change); using; transfer; locking; removal; destruction; as well as other use by the Landlord of personal data provided to him.
10.3 The Lessee agrees to the distribution of advertising and advertising information about the Lessor, the services provided by him, the promotions and partners.
10.4 The Employer guarantees the validity of all personal data specified by him.
10.5 The Employer has the right to request the deletion of personal data by deleting the account. Deletion of personal data is carried out within 10 calendar days after the Landlord receives a request to delete the user.
11. FORCE MAJOR
11.1 The Parties shall be released from liability for partial or complete non-fulfillment of obligations under the Agreement, if such non-fulfillment of obligations was the result of force majeure circumstances which the Parties could not foresee at the time of concluding the Agreement.
11.2 If any of the force majeure circumstances has affected the fulfillment of obligations within the period established by the Agreement, this term shall be proportionally moved to the duration of the force majeure circumstance. If the specified period exceeds three months, each of the Parties has the right to withdraw from the Agreement unilaterally out of court, notifying the other Party in writing using the Mobile application “MRIY” or e-mail.
11.3 In case of force majeure, the Party, for which it is impossible to fulfill the obligations under the Agreement, is obliged to notify the other Party within 3 (three) calendar days of the occurrence of these circumstances.
11.4 A Party that has not fulfilled its obligation to notify the other Party of the occurrence of force majeure within the period specified in paragraph 11.3, and has not documented their occurrence, loses the right to refer to these circumstances as a basis for exemption from liability for improper performance of the Agreement.
12. TERM OF THE AGREEMENT
12.1 The Agreement shall enter into force upon acceptance of the offer in the manner prescribed by this Agreement.
12.2 The Agreement terminates after the Lessee performs the actions provided for in clause 7.2 of the Agreement.
13. OTHER TERMS OF THE AGREEMENT
13.1 Issues that are not regulated by this Agreement are regulated by the current legislation of Ukraine.
13.2 The parties have agreed that, in the event of a dispute, they are obliged to comply with the pre-trial (claim) procedure for settling the dispute before applying to the court. In such a situation, one Party under the Agreement, within 7 (seven) calendar days from the date of the dispute must send the other Party a written Complaint using the Mobile application “MRIY”, by e-mail or at the address specified in the Agreement. The written Claim must be accompanied by documents (scanned copies) and (or) photographs, which substantiate the requirements of the Party. The party who received the Claim is obliged to give a reasoned written response within 7 (seven) calendar days. A written response to the Complaint is sent using the Mobile Application “MRIY” or to the e-mail address specified when concluding the Agreement.
13.3 In case of non-receipt of the answer to the Claim in the established item
13.2. The term of the agreement, or disagreement with the received answer, the interested Party has the right to address for protection of the rights and the interests protected by the law to court.
13.4 The Parties have agreed that the consideration of disputes arising from the conclusion, execution, termination of this Agreement, is carried out by the court at the location of the Landlord.
14. DETAILS OF THE LESSOR
Individual entrepreneur
Mikhailis Dmytro Yevhenovych,
taxpayer's account card: 3568103654
20300, Cherkasy region, Uman,
Kamianyi lane, house 4, apartment 32,
