Условия использования

LOCALS.MAPS.ME User Agreement

This User Agreement (hereinafter - "the Agreement") regulates the relationship between MY.COM B.V. registered at Barbara Strozzilaan 201, 1083HN, Amsterdam, the Netherlands, hereinafter referred to as "the Company" and you, hereinafter referred to as "the User," related to the use of an online medium (accessible through a web version and a mobile version of the site or mobile application) known to Users under the trade name Locals.maps.me (hereinafter referred to as "the Service"), on the following conditions:

  1. Terms and definitions
    1. User - any natural person who has the necessary capacity under the Russian law to use the Service and, therefore, is a party to this Agreement;
    2. Local Guide - a User who created an Account and Offers local tour guide services to Tourists to share its knowledge and experience in specific tourist destinations in exchange for a fee, or counter services of sightseeing tour organization, or free of charge;
    3. Tourist - a User who created an Account and searches for or accepts Offers of Local Guides;
    4. Account - a User's Account, creation of which is a mandatory requirement for registration with the Service and gaining access to all Service features.
    5. Tour - a fee-based or free-of--charge Service described in the Local Guide's Offer published through the Service, in which the Local Guide agrees to share with the Tourist his or her experience and knowledge of specific tourist destination of his/her city/town in connection with visits to particular places and sights;
    6. Fee - an amount requested by the Local Guide for a specific tour and paid by the Tourist;
    7. Offer - information about the Tours published by the Local Guide through the Service.
  2. Subject matter of this Agreement
    1. The Company shall grant the User the right to use the Service in the manner described herein on the basis of a simple royalty-free non-exclusive license unless otherwise provided for herein.
    2. The Service is an online medium that allows the Users to organize Tours and is available on Locals.maps.me, and as a mobile application.
    3. The Service goals are:
      1. rendering Tours by the Local Guides, who live or stay in a particular city or town, to the Tourists, demonstration of their experience and knowledge of specific destinations, providing information about the best recreational places and restaurants, and organization of visits to tourist and other sites;
      2. providing the Tourists with a possibility to select and use the Local Guides' services while traveling to tourist destinations in order to visit local attractions.
  3. Acceptance of Agreement
    1. This Agreement is drafted by the Company and sets the terms of use of the Service and rights and obligations of its Users and the Company.
    2. The User shall read this Agreement and accept the terms of the Service before using it. Any action taken by the User and aimed to use the Service including searching for and viewing the Local Guides' Offers, creating an Account, publishing Offers, sending requests for guided tours, and other usage of the Service functionality, means that the User accepts this Agreement as per Art. 437 and 438 of the Civil Code of the Russian Federation (by acceptance of a public offer).
    3. Visiting and/or using the Service through any device or operating system regardless of registration or authorization shall mean an unconditional agreement of the User with the terms hereof.
    4. This Agreement may be amended and/or supplemented unilaterally by the Company without any further notice to the User, who shall regularly review this Agreement for amendments and/or additions. Continued usage of the Service after publishing such changes and/or additions shall mean acceptance of the new version by you. The current version of the Agreement is available on ______________.
    5. If the User does not agree with this Agreement or its updates, the User shall stop using the Service by deleting his or her Account.
    6. This Agreement, relationship of the Parties in connection with it and use of the Service shall be governed by the law of the Russian Federation.
  4. Service features and terms of use
    1. By accepting the terms of this Agreement, the User agrees to comply with the following requirements set by the Company as mandatory for a specific Service feature:
    2. Access to the Service.
      Users can view the Offers through the Service in a limited manner (with incomplete information, without contact information of the Local Guides) without registration (without creation of the Account).
      The condition for accessing the Service is:
      • Acceptance of this Agreement by the User as described in section 3 hereof.
      • The User is at least 18 years older. Minors are not allowed to register with the Service. By accessing the Service and using any of its features (including by creating the Account), the User confirms and guarantees that he or she has full legal capacity, and all the rights and powers necessary to enter into and perform this Agreement. The Company may at any time request the User to provide information and documents confirming the above rights and authority.
    3. Creation of the Account.
      To register with the Service the User shall create the Account, which allows him or her to publish Offers, request Tours, cancel such orders, publish reviews, send messages to each other, and interact with each other to arrange and conduct the Tours.
      To create the Account you shall comply with the requirements specified in clause 4.2. hereof and complete all required fields of the registration form.
      User registration is done by authenticating the User with his or her consent through the Service Passport.Maps.me, or through such social media as Facebook, VKontakte, Odnoklassniki, LinkedIn, Baidu, etc., where he or she has an account and to which he or she has already provided the data required to register with the Service.
      If the User violates the rules specified in clause 7.2 hereof when creating the Account, the Company may refuse to register the Account, block the Account that was created, or take other steps as per clause 8.2. hereof.
      After registration with the Service (creating the Account) the User shall provide the necessary for using the Services data: place of residence, contact phone number, dates and places of planned visits, description of the services offered, cost thereof, photographs, interests and Tour themes.
    4. Publishing Offers.
      To order a Tour the Local Guide can publish the Offer through the Service subject to the following:
      Each Offer shall contain the following information: place and description of the Tour program, description of the sites and other places to be visited depending on the Tour themes, cost of the Local Guide's services (fees), payment terms and other information. The Local Guide may also include additional (non-tourist) sites in the Offer that may be of interest to Tourists and that may be added to the proposed tour programs.
      The Local Guide acknowledges and agrees that he or she bears the sole responsibility for the content of the Offer published through the Service. By publishing the offer the Local Guide ensures that the information is accurate and up-to-date and that the Tour will be conducted in accordance with the terms and conditions specified in the Tour Offer.
      If the Local Guide's Offer meets the above requirements and requirements specified in paragraph 7.2. hereof, it will be published on the Service and will be viewable by any User whether registered with the Service or not. The Company reserves the right to refuse to publish or delete the published Offer at its own discretion and without any prior notice to the Local Guide, if the Offer does not meet the terms of hereof or contains information that is contrary to the Company's policy.
      The Local Guide acknowledges and agrees that the criteria and principles for classifying and arranging the Offers and presentation thereof to the Tourists are set by the Company unilaterally and are not disclosed to the Users.
    5. Placing Tour orders.
      A registered User can place a Tour order with the Local Guide, who published the Offer. Placing of such order shall mean that the Tourist agrees with all conditions of the Offer.
    6. Confirming Tour orders
      The Local Guide, who has received a Tour order, can accept the order or reject it.
      Once the Tourist has confirmed the Tour order, a dialog box will open for the Local Guide and the Tourist, through which they can discuss conditions of the Tour, exchange their contact details, etc.
    7. Canceling a Tour order
      The Local Guide or the Tourist can cancel a Tour order. The Company advises the Users to cancel their bookings at least 24 hours before the day of the Tour.
    8. Publishing feedback
      The Company encourages the Tourists and the Local Guides to publish their feedback on each other upon completion of the Tour. The Tourists may also publish feedback on other Tourists, who took part in the Tour with him or her, provided that this function is available. The Users are not allowed to publish feedback on other Users, with whom they had no arrangement to conduct a Tour or with whom they did not participate in a joint Tour
      The feedback option is available for a limited number of days from the time of the Tour. This period is set by the Company and communicated through the Service interface.
      A feedback shall meet the general business communication requirements, shall not contain offensive words or profanity, and shall not violate third party rights. The Company reserves the right to reject publication of or remove the feedback that violates the above requirements.
      The Company may also contact the participants of the Tour to establish the circumstances of the Tour and receive explanations from the persons concerned. The Company may remove the feedback, if it establishes that the information contained in the feedback is inconsistent with the actual circumstances of the Tour.
  5. Notices
    1. The Company can send the Service-related information to the Users via e-mail, SMS (in particular using Mail.Ru Agent numbers), push notifications, or by posting notices in the special section of the User Account, and by sending notices through Facebook Messenger. Such information includes but is not limited to the information about cancelled or newly introduced functions of the Service.
    2. The Local Guide can be automatically notified of publication or rejection of the Offer, deletion of the published Offer, receipt a Tour order, order cancellation, and feedback publishing.
    3. The Tourist can be automatically notified of the Tour order acceptance by the Local Guide, order cancellation, and feedback publishing.
  6. Financial conditions
    1. Access to the Service, registration of the Account, and search for, review and publishing of the Offers, as well as use of other Service functionality if free of charge for all Users.
      The Users agree to use the Service solely for the purpose of establishing contacts with people, who wish to conduct or order a Tour, not in connection with profit gaining as a result of business activities.
    2. The Local Guide is entitled to charge the Fee for his/her Tours subject to Clause 6.1. hereof. The Local Guide's fees may depend on the duration of the Tour, number of places visited, fee-based/free entry, etc.
      The Local Guide may indicate in the Offer that the Tour is free of charge.
      The Tourist, who participated in the Tour, shall pay the agreed Fee.
    3. The Company reserves the right to block the User's Account at its own discretion at any time and for any reason (including but not limited to breach of the User Agreement), and the right to deny any person access to the Service and its functionality.
  7. Rights and obligations of the Service Users
    1. The Service Users have the right to use the Service free of charge to plan and conduct Tours subject to the rules, conditions, and restrictions hereof.
    2. Obligations of all Service Users.
      By accepting the terms of this Agreement, the User agrees that he or she is solely responsible for complying with all laws and other regulations governing the use of the Service
      When using the Service and conducting/participating in the Tours, the Users:
      • shall not provide the Company (when the Account is created and updated) and other Users with knowingly false, misleading, malicious, or fraudulent information;
      • shall act (in particular during publication of the Offers, Tour orders, feedback, etc.) in a way that is not offensive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, or harassing (including sexual harassment); shall not promote racism, xenophobia, violence, discrimination, hatred, violation of current law; shall not in general contradict the objectives of the Service, which may violate the rights of the Company or third parties or contravene moral standards;
      • shall not violate the Company's rights of bring it into disrepute, in particular with regard to its intellectual property rights;
      • shall not open more than one Service Account or open an Account on behalf of a third party;
      • shall not assign the right to use the Service to other people or disclose his or her Account login and password details to any third party.
      • shall not discuss with other Users (in particular using the Service functionality) anything that is not related to the Tours;
      • shall observe all other rules established by this Agreement.
    3. Obligations of the Local Guides.
      When using the Service, the Local Guides:
      1. shall publish only the Offers of the Tours;
      2. shall conduct the Tours in accordance with the conditions of the Offer and subject to conditions agreed upon with the Tourist;
      3. shall immediately inform the Tourist, if the conditions of the Tour have changed;
      4. shall not publish Offers on behalf of third parties;
      5. shall ensure that the Tourists are able to contact him or her on the phone number specified in the Account;
      6. shall observe the generally accepted standards of conduct and demonstrate responsibility throughout the Tour taking into Account the specifics of the Tour.
    4. Obligations of the Tourists.
      When using the Service, the Tourist:
      1. shall observe the generally accepted standards of conduct throughout the Tour;
      2. shall immediately notify the Local Guide, if his or her plans to participate in the Tour have changed;
      3. shall pay the Local Guide the agreed Fee;
      4. shall not carry any items, goods, substances or animals that may interfere with the Tour process.
  8. Rights and obligations of the Company
    1. The Company performs day-to-day management of the Service, determines its structure, appearance, allows or restricts User access to the Service when such persons violate the provisions of this Agreement, and exercises other rights available to it at its own discretion.
    2. Unless otherwise expressly provided for by applicable law, if the User violates the terms of this Agreement, or if there is a need to ensure safety of the Users and third parties, protect the Company's moral and ethical principles, prevent fraudulent or other criminal acts, the Company shall have the right, without explaining the reasons or compensating for damages and depending on the gravity of the violation, to:
      1. terminate the contractual relationship with the User immediately without prior notice; and/or
      2. reject publication or delete a published feedback, Offer, message, Tour order or content published by the User through the Service; and/or
      3. restrict the User's access to the Service and the ability to use it; and/or
      4. permanently or temporarily block the User's Account.
    3. The Company is entitled to make observations, warn, notify, inform the Users of a violation of the terms of this Agreement. The instructions sent by the Company to the User regarding the use of the Service are mandatory.
    4. The Company has the right to send messages to the Users (including by e-mail, SMS (including Mail.Ru Agent), push notifications, or by posting notices in the special section of the User Account) that contain information about canceled or newly introduced functions of the Service.
    5. To collect statistical data and identify Users in a non-personalized and generalized way, the Company can use a range of technologies including cookies to collect and store information about IP addresses of the Users and visitors of the Service, mobile device IDs, location coordinates, and request/activity history of the Service Users including visitors.
    6. The Company shall:
      1. provide the User with the right to use the Service on the conditions hereof;
      2. provide the Users with technical and informational support necessary to access and use the Service within reasonable time.
    7. The Company does not guarantee that the Service will be free from interruptions related to technical failures, preventive maintenance, etc., but it will make commercially reasonable efforts to ensure 24-hour uninterrupted operation of the Service. The Company does not guarantee that the Service or any element thereof will operate at any particular time in the future and will not be discontinued.
    8. The Company does not guarantee that the Service or any element thereof will be suitable for specific use. The Company does not guarantee or promise any specific results from the use of the Service or elements thereof. The Service including all scripts, individual elements and Service design are provided "as is".
    9. The Company shall not be liable or compensate for any direct or indirect damage incurred by the Service User or any third party as a result of use or inability to use the Service unless otherwise provided for by applicable law.
  9. Role of the Company
    1. By accepting the terms of this Agreement, the Users acknowledge that the Company acts as the owner (administrator) of an online medium (accessible via a web version, mobile version of the web-site or mobile application), through which the Local Guides are able to offer their Tours to an unlimited number of visitors, and Tourists can accept such Tour Offers at their own discretion and under their own responsibility, concluding thereby a contract to participate in a Tour.
    2. The Company is not a party to the agreement entered into by the Users, nor does it act as an arranger of the transaction, broker, agent or representative of any User in connection with the proposed/negotiated transaction between the Users. All transaction entered into by the Users as a result of publishing of the Offers through the Service are entered into and performed without direct or indirect involvement of the Company.
    3. The Company does not render tourist services, or perform functions of a tour operator, or offer services of arranging and conducting the Tours referred to in the Offers, or offer services through the Service.
    4. By accepting the terms hereof the User acknowledges and agrees that the Company is entitled but not obligated to verify correctness and validity of the information provided by the Users, legality of the Offers, correctness of feedback, etc.
    5. The Company does not control behavior of the Users and visitors of the Service and is not responsible for the User's expectations o the Tours and in particular for:
      1. provision of incorrect information about the Tour and its conditions by the Local Guides in the Offers or otherwise;
      2. cancellation of or changes in the terms of the Tours by the Users;
      3. the Tourist's failure to pay the Local Guide the Fee;
      4. User's behavior during, before and after the Tour.
  10. User data processing
    1. By accepting the terms of this Agreement, the User acknowledges and agrees that the Company may process the Users' personal information for the purpose of performance of this Agreement and based on its legitimate interests in accordance with the Privacy Policy that sets out how we collect and use information, that you provide with us and that we obtain. Please, read the Privacy Policy very carefully.
  11. Intellectual property
    1. The Company grants a limited non-exclusive non-transferable license to the User to use the Service elements (including but not limited to computer programs, content posted by the Company, and other intellectual property) for personal purposes.
    2. When using the Service (such as the web version, mobile version, or mobile application), the Users are not entitled to:
      1. play, modify, adapt, distribute, revise, or copy any Service element (including design, User interface, program code, and content posted by the Company) for commercial or non-commercial purposes without the Company's express consent;
      2. decompile or reverse engineer the Service;
      3. extract (in particular, by using data collecting bots and other similar data collection tools) considerable part of the Service data, or attempt to extract such data.
  12. Final provisions
    1. This Agreement is open-ended and shall terminate upon occurrence of either of the following:
      1. The User decides to discontinue using the Service by deleting his/her Account;
      2. The Company decides to terminate this Agreement unilaterally and out-of-court with immediate termination of access to the Service and without reimbursement of any costs or losses unless otherwise provided for by applicable law. In particular, a Company may make such decision, if the Service is discontinued, or the User violates the terms hereof (in particular after the first violation).
    2. All disputes arising between the parties under this Agreement shall be resolved by correspondence and negotiations in accordance with the mandatory out-of-court dispute resolution procedure. If the parties fail to settle a dispute by means of negotiations within 60 (sixty) calendar days from the date of receipt of a written claim by one of the parties from the other party, such dispute shall be submitted by any concerned party to the court at the location of the Company unless otherwise provided for by applicable law.
    3. If one or more provisions hereof are recognized invalid by a final court judgment, it shall not affect validity of the remaining provisions of the Agreement. If one or more provisions hereof are duly recognized invalid, the Parties shall perform their obligations hereunder in the manner as close as possible to the initial intention of the Parties at the time of conclusion and/or following amendment of the Agreement.
    4. For any questions related to the performance of this Agreement and use of the Service, please contact: info@maps.me.

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