Terms of Receipt of Applications Service (Ceased to be in force August 04, 2020)
Information about Receipt of Applications Service
Internet service providers offering the corresponding services on the territory of Cyprus, that are being advertised in 2GIS Software products and/or online services, and have activated the service by accepting these terms, signed a contract for information services (hereinafter Agreement), providing for the implementation of the possibilities for an Internet service provider to automatically obtain potential clients for signing contracts for the provision of services from 2GIS Software products by placing information on the cost of their services and their provision by means of services of the Dashboard.
Terms for the provision of Receipt of Applications Service
These rules determine the procedure and conditions of provision of Receipt of Applications Service in 2GIS Software products and/or online services (hereinafter — the Rules).
1. Basic concepts used in the Terms
Users - legal entities or individual entrepreneurs providing:
- telecommunication services for providing access to information and telecommunication network (Internet) and/or
and added to the Business listings in 2GIS Software products with the "Internet service providers" category assigned, which is being advertised in such 2GIS Software products under existing agreement for the provision of advertising services.
Customer – any person who uses the App to send an Application.
Application – a Customer request for signing a deal for acquisition of goods (works, services) provided by a User, which is sent via the App using the Internet.
2GIS Software products – Business listings and/or Digital plans as they are defined in the License Agreement posted on the Internet at 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.
App – an Internet platform, Web application and/or other software owned and/or used by the Contractor or third parties engaged by him, through which an access is provided to the Service.
Contractor – The Right Holder and/or his Partner.
Right Holder – 2GIS LIMITED, registered and operating in accordance with the legislation of the Republic of Cyprus at: 27 Evagorou A, office 11, 1066 Nicosia, Cyprus.
Partner – a person who has signed the franchise agreement and the license agreement and/or any other agreement for the use of 2GIS Software products with the Right Holder.
SHP – a software-hardware package that is in legal possession and/or control of the Right Holder, including a set of hardware, computer programs, databases, and information resources that are integrated with the Website on the basis of which the Service is performed.
Website — websites located in the domains at 2gis.ae and/or under its control.
Service – an installed software-hardware interaction with SHP, including the processing and provision of Content in the framework of the provision of Services under the Agreement in accordance with the Technical documentation.
Services – Contractor’s activity, carried out in accordance with the terms hereof, during the period from the date of signing of this Agreement during the term of the Agreement for the provision of advertising services for the placement of advertising materials and according to which the User is a company that is being advertised in 2GIS Software products, aimed at:
- providing an access to SHP to the User and the Customer in order to organize the process of preparation of Customer Applications for the acquisition of goods (works, services) of the User;
- providing the services of filling in and sending the Customer Applications for the acquisition of goods (works, services) of the User using the SHP;
- connecting the Apps to the Service and to ensuring its correct functioning and technical support on its side in accordance with the Technical documentation throughout the term of the Agreement;
- providing the User with information about the received Applications for signing the Deals for acquisition of goods (works, services) by the Customers, in accordance with the software-hardware interaction with SHP through access to the Dashboard.
Deal – an agreement signed by the User and the Customer in a result of sending the Application via the App, through the provision of access to the Service in the framework of the provision of Services under these Rules.
Technical documentation – a documentation that describes the logic of the Service work, as well as technical requirements and conditions of its implementation, which the User can find at: https://account.2gis.com/.
Statistics – the User’s data accounting system for the number of Applications and the Deals signed on their basis within the framework of the Service, as well as other data (the possibility to provide it is mentioned in the Technical documentation).
Dashboard – a personal section of the 2gis.ae website to which, if technically possible, the User gets access after registration and/or authorization on the website.
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.
2. The procedure of Service activation
2.1. Any actions related to the implementation of these terms and conditions shall be the complete and unconditional acceptance of these Rules as well as the fact that the User uses the Service in any way and in any form within its declared functionality, including:
- registration and/or authorization in the Service;
- obtaining access and/or the fact that a User uses the Service;
- obtaining the information about the executed Application by the User in accordance with the logic of the Service through the access to the Dashboard;
- as well as other actions, confirming the User's intention to use the Service.
2.2. Since committing any of the above mentioned actions the User is considered to be familiar and agreed with these Rules and to have entered to the contractual relations (hereinafter – the Agreement) with the Contractor in accordance with these Rules.
2.3. By using any of the above mentioned opportunities to use the Service, the User confirms and warrants that:
- The User has all necessary rights and authority to enter into an Agreement for the use of the Service and its execution;
- The User will use the Service solely for the purposes permitted under these Rules in accordance with their provisions, as well as the requirements of applicable law and the common practice;
- When using the Service, the User undertakes not to commit any actions that contradict or hinder the provision of a Service or the work of SHP;
- The User's use of the Service 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 where the User is located, 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 limitation.
2.4. If it is required to obtain licenses or other special permissions for realization of works (services) of the User in the framework of the provision of the Service, or such works (services) are subject to mandatory certification or other mandatory confirmation of conformity to requirements of technical regulations, the Contractor may request at any time, and the User is obliged to provide copies of relevant documents confirming their receipt/completion, within three business days from the request.
3. Terms and procedure of use and provision of the Service
3.1. For authorization and/or registration of the User in the Service and subject to the availability of the User rights for the provision of communication services, the Contractor provides access to the Service to the User.
3.2. In the framework of the Service, the User provides the Right Holder with the Content by providing information (files) in the "Coverage area" and "Plans" sections in the Dashboard of the User.
3.3. The User agrees to provide the Right holder with current, correct, and reliable Content to be placed in 2GIS Software products in the framework of the Service functioning in compliance with the requirements of the current legislation of UAE to its contents, including maintaining the relevance of the provided Content in accordance with the User Agreement. The amount of Content provided by the User in the framework of the use of the Service is determined by the functionality of the Dashboard.
3.4. The Content provided by the User via the Dashboard is displayed in 2GIS Software products in the information cards of buildings that are within the service area of the User in accordance with the Content provided by the User. The procedure and form of displaying the Content in the cards of buildings is determined by the Right Holder in its sole discretion.
3.5. The Right Holder has the right not to publish the Content of the User in 2GIS Software products if the User has no rights to provide the corresponding services within the Service and in case of non-compliance of the documents provided by the User the requirements of current legislation of UAE (if these documents are required to perform the activity) in accordance with the paragraph 2.4 of these Rules.
3.6. In the case of non-fulfilment of the terms of this section of the Rules, as well as their inadequate performance, the Right Holder is entitled not to publish/remove the Content of the User from 2GIS Software products, in particular the Content that contains information about the rates of the User. In this case, it is assumed that the User ceased to use the Service.
3.7. The User may 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.
3.8. Every month, within ten working days from the beginning of the month, the User undertakes to provide the Contractor with the statistics, including the status of Application processing, the signing of the Deals on their basis or rejection of Applications, reasons for rejection or extension of the Application processing during the previous calendar month by email at the address specified in the paragraph 4.5. of this regulation.
3.9. In the course of provision of the Service during the term of the Agreement, the Right Holder undertakes to ensure a continuous operation of Apps and SHP in the framework of the Service in accordance with the Technical Documentation, with the exception of time required for preventive works.
3.10. 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 the User's expectations; all errors in the Service software will be corrected.
3.11. 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 prior notice to the User. 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.
3.12. The User has a right at any time refuse to use the Service by sending the Contractor a written rejection by email at the address specified in these Rules. In case if the User refuses to use the Service, the Content of the User with the information about the rates of the User should be deleted from 2GIS Software products within the terms established in the User Agreement.
3.13. In cases of extension, termination, suspension, revocation and/or other authorization document (if receipt of such documents is necessary to obtain the right to provide services within the Service in accordance with the paragraph 2.4.), the User agrees to immediately notify the Contractor by email sent to the address specified in these Rules.
3.14. Considering the paragraphs 2.4. and 3.13., upon the receiving of a notification of the User about the termination / suspension / cancellation of license or other special permissions for realization of works, the Right Holder exclude the Content of the User with the information about the rates of the User from 2GIS Software products within the period and in the manner prescribed in the User Agreement.
3.15. The Contractor may, in its sole discretion, make changes to the terms of the Service, as well as to the Technical Documentation, without prior notice, including to change the amount and composition of Content to be provided by the User within the operation of the Service, to make changes to the display order of the Content of the User in 2GIS Software products. The modified Rules shall enter into force upon its posting on the Website or having been brought to the User’s attention in another convenient form, unless otherwise provided in the new edition of the Rules.
4. Final provisions
4.1. Permission to use the Service under the terms of these Rules is valid until the date specified in the paragraph 3.13 - 3.15 of these Rules, or the termination of an advertising contract for publishing the advertising materials in 2GIS Software products specified in section 1 of the Rules.
4.3. These Rules, the procedure of their acceptance and execution, as well as issues not regulated by these Rules, are subject to the laws of Cyprus.
4.4. All disputes under these Rules or in connection with them shall be subject to consideration in court at the Right Holder's location in accordance with the applicable procedural law of Cyprus.
4.5. In case of amendments or additions to the terms set out in these Rules, the User is entitled to revoke their consent to use the Service by sending the Contractor a written notice at [email protected]
and stop using the Service.
Version of the Rules. Current version of these Rules is posted on the Internet at http://law.2gis.ae/requests-rules
Version: June 1, 2017