for the use of the mobile application of SUE "Moscow Metropoliten"
"06" April 2018
This offer (hereinafter referred to as "Offer") is addressed to individuals and is an official public offer by SUE "Moscow Metropoliten" to conclude a license agreement for the right to use a mobile application owned by SUE "Moscow Metropoliten" under the terms of a simple (nonexclusive) license (hereinafter - "Contract").
The contract is considered to be concluded and enters into effect from the moment an individual commits the actions provided for in this Offer and means the unconditional acceptance by the individual of all terms of the Offer without any exemptions or restrictions on the conditions of accession.
Terms and definitions used in the Contract
Mobile application ( hereinafter - "Application")
a computer program designed to record information about paid tickets for SIM and USIM cards of mobile devices in the framework of joint projects with partners of SUE "Moscow Metropoliten" in order for an individual to obtain travel services on public passenger transport in Moscow, the exclusive right to which belongs to SUE "Moscow Metropoliten"
a travel document (including part or all of the details of which are indicated in digital form) that provides an individual with the right to travel on city public passenger transport in Moscow (in accordance with the Resolution of the Government of Moscow of December 15.12.2015 No. 880-GR "On travel tickets, tariffs for the services of transportation of passengers and luggage by public transport in the city, including the underground, and suburban traffic (with the exception of services for rail transportation performed beyond the Small circle line of Moscow Railways), the procedure for organizing changes when traveling in the underground and the Small circle line of Moscow Railways as part of the performance of one journey and the procedure for determining the coefficient of use of rail transport in suburban traffic on the Small circle line of Moscow Railways) "
SUE "Moscow Metropoliten", which is the owner of the Application
an individual holding a SIM and/or USIM card installed in the mobile device on which the Application is installed
Taxi order module
a separate Application functional unit intended for access to third party content that provides the Licensee the opportunity to order passenger and luggage transportation services by taxi
The order of transportation services for passengers and luggage by passenger cabs (hereinafter - "Taxi order")
a service provided to Licensee "M.TAXI COMMUNICATIONS" Ltd. on the basis of a public contract of accession, concluded by accepting by the Licensee of the conditions of the offer of "M. TAXI COMMUNICATIONS" Ltd., laid out in the Taxi Order Module, which confirms the Licensee's full and unconditional agreement with the conditions of the order and payment for the transportation of passengers and luggage service by taxi.
territory of the Russian Federation
1. GENERAL PROVISIONS
1.1. The contract is a public contract of accession and consists of acceptance by an individual of the terms of this Offer.
1.2. The acceptance of this Offer is the commission by an individual of actual actions for the installation (download) of the Application on a mobile device, which are considered as full and unconditional acceptance of the Offer terms.
1.3. This Offer determines the procedure for using the Application and is available for review to an unlimited number of persons on the Licensor's information resources http://mosmetro.ru/app/oferta.
2. SUBJECT OF THE CONTRACT
2.1. The Licensor grants the Licensee the right to use the Application on a simple (non-exclusive) license within the limits provided by the Contract.
2.2. The Licensee has the right to use the Application in the following ways:
2.2.1. Perform actions necessary for the operation of the Application (including during use in accordance with its purpose), including recording and storage in the memory of the mobile device
2.2.2. study, investigate or test the functioning of the Application by carrying out actions specified in subparagraph 2.2.1 of the Offer
2.3. The right to use the Application provided for in clause 2.1 of the Offer is granted to the Licensee for the term of the Contract, and cannot be granted (transferred) by the Licensee to third parties in whole or in part.
The Licensee's use of the Application is allowed on the Territory.
2.4. Usage rights for the Application that are not expressly mentioned in this Offer are not deemed to be granted to a Licensee.
2.5. The right to use the Application as provided in clause 2.1 of the Offer shall be provided to the Licensee from the moment the Licensee commits actual installation (download) of the Application to the mobile device.
2.6. The right to use the Application provided for in clause 2.1 of the Offer applies to all subsequent updates and/or new versions of the Application from the moment the Licensee takes actual actions for installing (downloading) updates and/or the new version of the Application on a mobile device.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The licensee is entitled to:
3.1.1. conclude a Contract with the Licensor by committing the actions specified in clause 2.5 of this Offer, confirming by such actions that he is not limited in capacity, is on health grounds capable of independently exercising and protecting his rights and obligations, does not suffer from diseases that prevent awareness of the essence of the concluded contract and the circumstances of its conclusion;
3.1.2. use the Application only within the limits of those rights and in the ways provided for in the Offer;
3.1.3. Send the Licensor questions related to the use and/or inability to use the Application to his e-mail address email@example.com
3.2. The Licensee is obliged:
3.2.1. to terminate the use of the Application after termination of the Contract;
3.2.2. not to make any changes to the Application, including decompilation, decryption and other actions to obtain information about the implementation of algorithms used in the Application;
3.2.3. not to create derivatives of the Application (not modify the Application);
3.2.4. not to reproduce or distribute the Application for commercial purposes, including in collections of software products;
3.2.5. not to extract, copy, reproduce, process or disseminate the information provided in the Application; to not post such information on the Internet or in the mass media;
3.2.6. not to upload, store, publish, distribute, or provide access to or attach information to the Application that
• violates the rights of minors
• is vulgar or obscene, contains pornographic images, texts and scenes of a sexual nature;
• contains scenes of violence and inhuman treatment of animals;
• contains a description of the means and methods of suicide, any incitement to commit it;
• advocates and/or promotes racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
• contains extremist materials;
• promotes criminal activity or contains advice, instructions or guidelines for the commission of criminal acts;
• contains information of limited access including, but not limited to state and commercial secrets, information on the privacy of third parties;
• contains advertising or describes the attractiveness of the use of narcotic substances, including "digital drugs" (sound files that affect the human brain through binaural rhythms); information on the distribution of drugs, recipes for their manufacture and tips for their use;
• is fraudulent;
• violates other rights and interests of citizens and legal entities, as well as requirements of the current legislation of the Russian Federation.
3.2.7. to respect the intellectual rights of third parties to the results of intellectual activity and equivalent means of individualization when using the Application;
3.2.8. in order to use certain functions of the Application, the Licensee shall independently pay for and receive access to the Internet network on the terms of the relevant agreement concluded between the Licensee and the cellular operator and/or the provider of access to the Internet;
3.2.9. in a timely manner and to the full extent familiarize oneself with the terms of the Offer;
3.2.10. independently track changes and additions made by the Licensor to the Offer in accordance with clause 3.3.1 of the Offer.
3.3. The licensor has the right:
3.3.1. unilaterally amend and supplement the Offer;
3.3.2. in whole or in part, to refuse to execute the Contract in case of violation behalf the Licensee of the terms of the Contract by blocking or deleting the Licensee's account in the Application;
3.3.3. in the event that the Licensor's exclusive right for the Application is violated by unlawful actions of the Licensee, the Licensor has the right to demand that the violator protects the exclusive right in accordance with the current legislation of the Russian Federation;
3.3.4. At any time, at one's sole discretion, make any changes to the Application, including modification of the Application, termination of its development and technical support, as well as carrying out preventive and other technical work in the process of implementation of which the work of the Application may be completely or partially limited.
3.4. The Licensor is obliged:
- to notify the Licensee of the introduction of amendments and additions to the Offer, as well as the withdrawal of the Offer no later than 7 (seven) calendar days prior to the date of introduction of such amendments and additions, or prior to the date of withdrawal of the Offer, by posting the text of the new version of the Offer or notice of withdrawal of the Offer on the Licensor's information resources http://mosmetro.ru/app/oferta
4. WEBSITES AND CONTENT OF THIRD PARTIES
4.1. The Application may contain links to third-party websites on the Internet (hereafter "Third Party Websites"), as well as articles, photographs, illustrations, graphics, music, sounds, videos, information, applications, programs and other content belonging to or coming from third parties (hereinafter referred to as "Third-Party Content").
4.2. The Licensor does not bear any responsibility for any information posted on third-party websites, as well as for any third-party content. Third-party websites and third-party content are not verified by the Licensor for compliance with applicable laws of the Russian Federation.
4.3. The links or manuals on downloading files and/or installing third-party programs in the Application are not endorsed or supported by the Licensor.
4.4. A link to any site, product, service, any information of a commercial or non-commercial nature, placed in the Application, is not an endorsement or recommendation from the Licensor.
5. PERSONAL INFORMATION OF THE LICENSEE
5.1. The Licensee independently and voluntarily transfers to third parties (including the Licensor's partners) information about its personal data when registering the Licensee in the Application during the installation (download) of the Application on a mobile device and subsequent use of the Application by the Licensee.
5.2. The licensor does not receive and does not store the information transferred by the Licensee to third parties specified in clause 5.1 of the Offer.
5.3. The licensor does not control and is not responsible for the content of text and photographic materials placed by the Licensee in the process of using the Application.
5.4. The licensor does not verify the Licensee's legal capacity or the reliability of the personal data provided by the Licensee.
5.5. The Application performs transfer of the Licensee's application for support to the Passenger Mobility Provision Service of SUE "Moscow Metropoliten" and formation of a feedback call without storing and processing the Licensee's personal data on the server part of the Application.
5.6. Committing the acts as provided in Clause 2.5 of the Offer the Licensee gives free consent to collect and use geolocation by smartphone services while route planning, searching nearest metro stations, searching locations and companies, following the route (incl. in the background) and sharing of personal data of the Licensee via open channels after submission of the application “Passenger Mobility Services” and making request via “Feedback” tab. The Licensee also gives the consent to link the credit or debit card to his Personal account of the passenger for making payments for “Wallet” and other types of tickets.
6. RESPONSIBILITY OF THE PARTIES
6.1. For failure to perform or improper performance of obligations under the Contract, the Parties are liable in accordance with the current legislation of the Russian Federation and this Treaty.
6.2. The Licensor does not provide any guarantees to the Licensee regarding the error-free and uninterrupted operation of the Application, its individual components or functions; compliance with the Licensee's expectations; accuracy, completeness and timeliness of the information provided in the Application.
6.3. The Licensor shall not be liable for any consequences of use and/or inability of the Licensee to use the Application (including responsibility for the transfer and use by third parties of the Licensee's personal data transferred by the Licensee upon registration in the Application when installing (downloading) the Application on a mobile device and subsequently using the Application) as well as for damage caused to the Licensee or to any third party as a result of such use and/or inability to use the Application.
6.4. The Licensor shall not be liable in the event of infringement of intellectual property rights for intellectual property results and equivalent means of individualization of third parties caused by the actions of the owners and users of Third Party websites and Third Party Content, as well as the Licensee's actions when downloading, storing, publishing, distributing any information in the application.
6.5. In the event that claims or actions are brought against the Licensor relating to infringement of the intellectual rights of third parties with respect to the results of intellectual activity and equivalent means of individualization caused by the actions of the Licensee, the Licensor shall involve the Licensee in the settlement of these claims and suits. All costs incurred by the Licensor and losses as a result of the settlement of the stated claims and suits are reimbursed by the Licensee.
6.6. The Licensee is personally responsible for any information posted by him in the Application, including the information specified in clause 3.2.6 of the Offer.
6.7. Responsibility for the Order of a taxi, carried out with the use of the taxi order module in the Application, is borne by "M.TAXI COMMUNICATIONS" Ltd.
6.8. The licensor does not provide services for processing taxi orders, passenger and luggage transportation services by taxi, and other services related to the taxi order.
The placement of a taxi order in the Application Module should in no circumstances be regarded by Licensee as an obligation of the Licensor to provide these services or the participation of the Licensor in the provision of these services. The Licensor shall not be liable to the Licensee for the Order of a taxi, as well as for providing services for the transportation of passengers and luggage by passenger taxis (including improper provision of services, writing-off of funds from bank accounts when ordering a taxi, etc.).
6.9. In the event that the Licensee uses the Application in violation of the terms and conditions set forth in this Offer (including in a manner not provided for in the Offer after termination of the Contract or otherwise beyond the rights granted to the Licensee under the Contract, the Licensee is liable in accordance with Part Four of the Civil Code of the Russian Federation.
7. FORCE MAJEURE CIRCUMSTANCES
7.1. The Licensor and the Licensee shall be releaved of responsibility for full or partial non-fulfillment or improper performance of their obligations under the Contract in the event that such failure was a consequence of force majeure circumstances, that is, events that could not be foreseen or prevented. Such events include: natural disasters, military actions, the adoption by government bodies or local governments of regulatory or law enforcement acts and other actions beyond the reasonable foresight and control of the Licensor and Licensee.
8. TERM OF THE CONTRACT AND TERMS OF ITS TERMINATION
8.1. The Contract is considered concluded from the moment of fulfillment by the Licensee of the actions specified in Clause 2.5 of this Offer and operates within the Territory until its termination on the grounds provided by the current legislation of the Russian Federation.
8.2. The licensee has the right to unilaterally terminate the Agreement by performing actual actions to remove the Application from the mobile device.
8.3. The licensor has the right to unilaterally or partially deny the Contract if the Licensee grants third parties the right to use the Application or to use a new result of intellectual activity created by the Licensee on the basis of the Applications beyond the rights provided for in this Offer and also in other cases, stipulated by this Offer and the legislation of the Russian Federation.
9. OTHER CONDITIONS
9.1. This Offer is valid until the date of its official withdrawal by the Licensor by placement by the Licensor of the corresponding information resources of the Licensor http://mosmetro/app/oferta in the order and terms specified in clause 3.4 of the Offer.