The present document (User Agreement) is an offer of the company "2GIS LIMITED" (hereinafter — "the Right Holder") to sign a contract on the conditions stated below.
1. General provisions
1.1. In the present document and the relations of the Parties, arising out of or related to it, the following terms and definitions are used:
a) Service – a set of software and hardware of the Right Holder, databases and information resources of the Right Holder, as well as the Content of the third parties an access to which is provided to the User using Apps.
b) User – a person who has entered into this Agreement with the Right Holder in their or another's interest in accordance with the requirements of applicable law and this Agreement and listed in the Business listings of 2GIS Software products.
c) 2GIS Software products – Business listings and/or Digital plans as they are defined in the License Agreement posted on the Internet http://law.2gis.ae/licensing-agreement that can be distributed in the form of individual copies, requiring installation on the user’s hardware, or providing access to them using a network.
d) 2GIS online services — a set of 2GIS Software and hardware resources of the Right Holder, an access to which is provided to the User using the Website of the Right Holder.
e) App – an Internet platform, Web application and/or other software using 2GIS Software and information resources that allow the User to access the Service using the network.
f) Content – any information materials including text, graphics and other materials, in particular, information about the territories where the certain works (services) are provided, prices (plans), the names of the persons offering the mentioned works (services), location, the coverage area of the Users’ networks as well as other information required to implement Service.
g) Dashboard – a personal section of the App an access to which is granted to the User after registration and/or authorization in the Service. Dashboard is designed for storing personal data of the User, to view and manage available features of the Service.
1.2. The present Agreement may contain other terms and definitions that are not specified in the paragraph 1.1. of the Agreement. In this case, such terms shall be interpreted in accordance with the text of the Agreement and the Agreement for use of 2GIS services http://law.2gis.ae/rules/. In case of absence of unambiguous interpretation of the term or definition in the text of the Agreement or the Agreement for use of 2GIS services should be guided by its interpretation determined: in the first place – by the specified Mandatory Documents, in the second place, by the laws of Cyprus and in the future — good business practices and scientific doctrine.
1.3. You can use the Service by any means and in any form within its declared functionality, including:
- registration and/or authorization in the Service;
- providing and/or modifying the Content using the Service;
- viewing the Content using the Service;
- other use of the Service,
create a contract under the terms of this Agreement and the Mandatory Documents required for Parties specified in it.
1.4. Having used any of the above mentioned opportunities to use the Service, you confirm that:
a) You have read the terms of this Agreement and of the Mandatory Documents specified in it in full before using the Service.
b) You accept all terms of this Agreement and of the Mandatory Documents specified in it in full without any exceptions and limitations on your part and undertake to observe them or to stop using the Service. If you do not agree with the terms of this Agreement or the Mandatory Documents specified in it or do not have a right to sign a contract on their basis, you should immediately cease any use of the Service.
c) The Agreement (including any of its parts) and/ or the Mandatory Documents specified in it can be altered by the Right Holder without any special notice. The new version of the Agreement and/or of the Mandatory Documents specified in it shall enter into force upon posting on the website of the Right Holder or having been brought to the User’s attention in another convenient form, unless otherwise provided in the new version of the Agreement and/or the Mandatory Documents required for Parties specified in it.
2. General terms and conditions of use of the Service
2.1. Mandatory condition of this Agreement is the complete and unconditional acceptance of and compliance with the User requirements and provisions identified in the following documents ("Mandatory Documents"):
- License Agreement - The License Agreement of the Right Holder to use the 2GIS Software and/or Online services posted on the Internet at: http://law.2gis.ae/licensing-agreement.
2.2. For individual Services it is possible to use the functionality of the Service in a limited part of the Content viewing without a pre-registration and/or authorization of the User in the Service. The rest of the app functionalities of the Service is allowed after the User registration and/or authorization in the Service in accordance with the rules of the Right Holder.
2.3. The list of additional functionalities of the Service, the use of which requires preliminary registration and/or authorization is determined by the Right Holder, at its sole discretion, and may change from time to time.
2.4. The Content provided by the User via the Service is displayed in 2GIS Software products and/or Online services in the manner and form determined by the Right Holder in its sole discretion. 2GIS Software products and/or Online services containing User generated Content are distributed under the terms of the License Agreement.
2.5. The Content provided by the User before the 15th day of the current month, is published in 2GIS Software products and/or Online services in the month following the month of actual delivery of such Content.
2.6. In the case the User provides the Content after the 15th of the month, it will be published in 2GIS Software products and/or Online services in the month following the month of the Content publishing, which is determined in accordance with the paragraph 2.5 of this User Agreement.
2.7. Depending on the open features of the Service the User is allowed to view, submit, edit, and delete the Content in compliance with the restrictions and warranties provided for in this Agreement.
2.8. The user undertakes to provide the Right Holder with the Content update not more than once a month (when the Content updates are available), but in any case not less than once every three months.
2.9. The User may at any time cease to use the Service by sending the Right Holder a written refusal at [email protected]. In case of refusal of the User to use the Service, the User Content, in terms of rates of services provided by the User are to be deleted from 2GIS Software products and/or Online services within the terms established in the paragraphs 2.5, 2.6 of this User Agreement.
2.11. The Right Holder has the right to set limits and to introduce other technical limitations for the use of the Service of the Right Holder, which will be brought to Users’ attention from time to time in a form and manner at the choice of the Right Holder.
3. Warranties of the User
By accepting the terms of this Agreement, you confirm and warrant that:
3.1. You have all necessary rights and authority to enter into an Agreement for the use of the Service and its execution;
3.2. The use of the Service will be performed solely for purposes permitted by this Agreement, in compliance with its provisions, as well as the requirements of applicable law and accepted practice;
3.3. You will not commit any actions that contradict or hinder the provision of the Service or the operation of related equipment, networks, or software with the help of which the Service is provided;
3.4. Your use of the Service for specific purposes does not violate property and/or personal non-property rights of third parties, as well as prohibitions and restrictions imposed by applicable law and the rights of the state of your location, including copyright and related rights, trademark rights, service marks and appellations of origin of goods, industrial design rights, rights to use images of people without limitations; the Content and other data you provide do not contain information and/or images, insulting the honor, dignity and business reputation of third parties, as well as information promoting violence, pornography, drugs, racial or ethnic hatred; and you have obtained all necessary permissions from authorized persons in connection with the use of such Content, as well as there are all necessary licenses and permits to carry out activities, details of which can be included in the Content.
4. License to use the Content
4.1. By accepting the terms of this Agreement, you gratuitously provide the Right Holder with a simple (nonexclusive) license to use the Content that you add (post or broadcast) in the Service of the Rights Holder.
4.2. The specified simple (nonexclusive) license to use the Content is granted to the Right Holder simultaneously with posting your Content in the Service of the Right Holder for the whole duration of the exclusive rights on objects of copyright and (or) related rights forming such Content, for using on the territory of all countries of the world.
4.3. Within the framework of a simple (nonexclusive) license provided to the Right Holder it is allowed to use the Content in the following ways:
- to play the Content, i.e. produce one or more copies of the Content in any material form, and also save them to the memory of the electronic device (reproduction right);
- distribute copies of the Content, i.e. to provide access to the Content reproduced in any material form, including network and other means, and also by selling, renting, providing free of charge, including import for any of these purposes (right of distribution);
- display the Content on public (right of public display);
- to show the Content so that any person, a user of 2GIS Software products and/or Online services, may have access to it in interactive mode from any place and at any time (right of making available to the public);
- to alter the Content, i.e. adaptation or other transformation of the Content, including translation of the Content from one language to another (right to alter);
- the right to cede all or a part of the rights received to third parties (right to sublicense).
4.4. In the absence of objects of copyright or related rights in the Content, under this Agreement you provide the Right Holder with the Content - the data and other materials - to use in any way, including the possibility of recording, systematization, accumulation, storage, clarification (update, modification), extraction, use, depersonalization, blocking, deletion, destruction of such data, transfer (distribution, granting to any third party to perform any actions) at the sole discretion of the Right Holder.
By agreeing to the terms of this Agreement, you understand and acknowledge that:
5.1. The service is provided "as is", therefore the User is not given any warranty that the Service will meet their requirements; the Service will be provided continuously, timely, secure or error-free; the results that may be obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information and Content obtained using the Service will meet your expectations; all errors in the Service software will be corrected.
5.2. Since the Service is undergoing constant additions and updates on new functionality, format, the specifications of services provided and individual terms may change from time to time without sending a prior notice to you. The Contractor has a right, at its own discretion, to stop (permanently or temporarily) providing the services (or any features within the services) to Users without prior notice.
5.3. The Right Holder does not verify the contents of the Content submitted by Users of the Service, including relevance, authenticity and security of such Content or its components, as well as its conformity with the requirements of applicable law, and whether Users have the necessary rights for its distribution and/or use.
All responsibility for the contents of such Content and its compliance with the requirements of applicable law is the responsibility of the person who created this Content and/or posted it in the Service of the Right Holder.
5.4. In particular, you shall not use the Service to:
- place and/or distribute illegal materials;
- place and/or distribute pornographic materials, and promote pornography and child erotica, and advertising of sexual services;
- distribute any other prohibited information, including information harmful to the health and (or) development of children, including materials of extremist nature and aimed at suppressing the rights and freedoms of a person on grounds of race or ethnicity, religion, language, and gender inciting to commit violent acts against persons or to the inhumane treatment of animals, calling for the commission of other illegal actions, including explaining the procedure of manufacturing and use of weapons, drugs and their precursors, etc.;
- distribute false information discrediting the honor, dignity or business reputation of third parties;
- exclusively place the links to other sites;
- commit other illegal actions, including unauthorized access to confidential information, its distribution, illegal access to computer information, the use and distribution of malicious computer programs, violation of operating rules of means of storage, processing or transmission of computer information and information and telecommunication networks.
5.5. You undertake to ensure the accuracy of the information included in the Content posted by you in the Service, including its periodic review and update. Provided that for the provision of services within the Service the User must obtain a license, other official documents that certify the right to conduct User-specified types of activities (permit), in cases of renewal, termination, suspension, revocation of such licenses and permits, the User shall immediately notify the Right Holder in writing at [email protected]. Upon receipt of a notification from the User about the termination / suspension / cancellation of licenses or permits of the User, the Right Holder has the right to delete the Content of the User containing information about rates of services of the User from 2GIS Software products and/or Online services.
5.6. You do not have the right directly or through third parties:
- to copy (reproduce) computer programs and databases, including any elements of the Content in any form or way included in the Services of the Right Holder without the prior written consent of the Right Holder;
- to open up the technology, emulate, decompile, disassemble, decrypt and perform any other similar actions with the Service;
- to create software products and/or services that use the Service without obtaining the prior permission of the Right Holder.
5.7. In case of detection of violation of your rights and/or interests in connection with the provision of the Service, including placing inappropriate Content to other users, you should inform the Right Holder at the address stated in the Details of the Right Holder section. It is necessary to send the Right Holder a written notice with details of the circumstances of the violation and a hypertext link to a network address of the Content in connection with the use of which your rights and/or interests are violated.
5.8. You are solely responsible for any breach of the obligations stated in this Agreement and/or applicable law, as also for all consequences of such violations (including any loss or damage which may be incurred by the Right Holder and other third parties).
5.9. In case of any claims by third parties in respect of any breach of any proprietary and/or personal non-property rights of third parties by you, as well as the legislation bans or restrictions, you are obliged, at the request of the Right Holder, to pass the official identification by providing the Right Holder with a notarized obligation to settle the claims arising, on your own and at your own expense.
5.10. In connection with the amenability established by legislation for the placement and provision of access to illegal Content, the Right Holder reserves the right to remove any Content from the Service or to limit access to it in its sole discretion before receiving the above mentioned written obligation from you.
5.11. In the case of multiple or gross violations of the terms of this Agreement, including the Mandatory Documents specified in it and/or legal requirements, the Right Holder reserves the right to block access to the Service or otherwise limit (terminate) the provision of services of the User via the Service.
5.12. In case of the claims against the Right Holder, and/or claims from third parties and/or public authorities and/ or the imposition of punishment in connection with the admitted violations of User rights and/or interests of third parties, as well as the legislation bans or restrictions, the User undertakes promptly, at the request of the Right Holder, to provide all information requested by the Right Holder, concerning the subject of such claims and lawsuits, as well as to assist the Right Holder in resolving them, including to reimburse all losses and costs and expenses, including the costs caused to the Right Holder as a result of submission, consideration and settlement of such claims and lawsuits.
5.13. The Right Holder is removed from any liability in connection with the violations committed by you and in connection with causing you harm or loss under the above mentioned circumstances.
5.14. Under any circumstances, the Right Holder’s liability is limited to EUR1,000. (One thousand) and imposed on it only in the case of guilt presence.
6.1. You agree to receive the electronic messages (hereinafter "notifications") from the Right Holder about important events occurring in the context of the Service or in connection with it at the email specified in the Service.
6.2. The owner is entitled to use the notifications to inform the User about the changes and new features of the Service and/or alteration of the Agreement or of the Mandatory Documents.
7.1. The registered User determines the conditions and procedure of the use of functionalities of the Service, which, however, under no circumstances may not conflict with this Agreement.
7.2. Applicable law. This Agreement, its signing and execution, as well as issues not regulated by this Agreement, are governed by the current legislation of Cyprus.
7.3. Arbitration. All disputes under this Agreement or in connection therewith shall be referred to the court at the Right Holder's location in accordance with the applicable procedural law of Cyprus.
7.4. Alterations. This Agreement may be modified or terminated by the Right Holder at its sole discretion without prior notice and without paying any compensation in this regard.
7.5. Versions of the Agreement. Current version of this Agreement is posted on the Right Holder’s website on the Internet at http://law.2gis.ae/requests-rules/agreement/.
7.6. Rights Holder Details:
"2GIS LIMITED", registration number: 305197, legal address: 27 Evagorou A, office 11, 1066 Nicosia, Cyprus
Email: [email protected]
Version: June 1, 2017