Zaka User Agreement

This user agreement (hereinafter referred to as the Agreement) is an offer between the Zaka service and is addressed to any capable person who has reached the age of 18 (hereinafter referred to as the User) on the conditions set out below.

Your registration in the Zaka service application is an unconditional and unconditional acceptance (acceptance) of the terms of this Agreement.

Тerms and Definitions

Administration - a company that provides the Zaka Platform and electric scooters for rent

Zaka platform - a software package for renting electric scooters application / website / payment system

АAccount - the User's account on the Zaka Platform

Personal account - a section through which the User can rent electric scooters.

Tariff - the estimated cost of the services of the Zaka platform.

Electric scooter - rental unit of transport

  1. Subject
    1. The Administration provides services for the use of the Zaka Platform and electric scooters to the User
    2. The user uses the Zaka Platform and electric scooters in accordance with the terms of the Agreement and the established Tariff
  2. General provisions
    1. To use, the User is registered on the Zaka Platform
    2. After registration, the User receives a unique Account and access to the cabinet. No one except the User has access to the account.
    3. All actions in the Personal Account are considered to be performed by the User personally.
    4. The user is solely responsible for:
      • Сохранность своего логина и пароля.
      • Последствия в случае утери и/или разглашения логина и пароля третьим лицам.
    5. The administration does not recommend the User to transfer his Account data to third parties. In case of transferring Account data, the User must notify the Administration. All responsibility for the actions of third parties in the Cabinet and their consequences fall on the User.
    6. The platform is not intended and cannot be used by children under the age of 18. By registering, the User guarantees that he is at least 18 years old.
  3. Terms of use
    1. The user has the right to use the Zaka Platform under the Agreement and in accordance with the current legislation of Ukraine.
    2. The User undertakes to use the Zaka Platform exclusively for the rental of electric scooters..
    3. The platform is integrated with various services, including analytics, payments, mailing, bank and others. The platform only provides the ability to access the electric scooter rental service. All issues related to the use of the service are regulated by the documents of the service and are resolved between the Administration and the User independently.
    4. The platform and services are provided on an «as is» basis.
    5. The User assumes all risks associated with the use of the Platform and services.
    6. The Administration does not give the User any explicit or implied guarantees in relation to the Platform and services, including, it does not guarantee (including but not limited to): suitability for specific purposes, safety and security, accuracy, completeness, performance, system integration, uninterrupted operation , absence of errors, bug fixes, absence of viruses, legality of use in any territories outside Ukraine.
    7. Администрация не несет ответственности за:
      • inability to use the Platform for reasons beyond the control of the Administration;
      • any actions and / or inactions of service providers, services, networks, software or equipment;
      • distortion, alteration, loss of Content;
      • security of the User's login and / or password;
      • unauthorized and / or unlawful use by third parties of the User's login and / or password;
      • damage that may be caused to any devices and media and / or software of the User as a result of using the Platform and / or services..
      • damage to third parties due to the actions of the User on the rented electric scooter. The User is solely responsible for any claims, damage, harm to the health of third parties.
  4. Intellectual property
    1. The Administration is the copyright holder of the Zaka Platform and its constituent parts (code, design, databases, know-how, Libraries, Blocks, Templates)
    2. Platform and electric scooters
      1. The User has the right to use the Platform:
        • Book the electric scooters displayed on the map;
        • Rent and ride electric scooters;
        • Change the settings in your personal account;
        • End the ride in free zones or paid parking zones.
  5. Obligations of the User
    1. When renting an electric scooter, the User must make sure that the electric scooter is intact, if there is any visible damage, immediately notify the operator of the Zaka Platform.
    2. Use electric scooters only in authorized places, in accordance with the requirements and rules of the Zaka Platform.
    3. The user undertakes not to transfer the right to drive the electric scooter, not to leave the permitted area, not to place on the electric scooter the second person. The user is fully responsible for the electric scooter that is rented by him and undertakes to compensate for any damage caused to the rented property as a result of his actions or the actions of third parties, in the event of damage, damage or destruction of the electric scooter or its components.
    4. The User has the right to use electric scooters only from the Zaka Platform.
    5. In the event that several scooters have been rented from the User's account, he will be responsible for all electric scooters until the end of the lease.
  6. Services
    1. The Administration provides the User with services for:
      • providing the Zaka Platform for installation on the User's smartphone
      • leasing Electric Scooters through the Zaka Platform
    2. The administration has the right to refuse to provide the service to the User without giving a reason.
  7. Запрещенные действия.
    The user is not entitled to:
    1. Use the Zaka Platform and Electric Scooters for prohibited, illegal, actions not expressly provided for in this Agreement.
    2. Modify the Zaka Platform.
    3. Attempts to circumvent technical restrictions imposed by the Zaka Platform
    4. Decompile, disassemble, decrypt and perform other actions with the source code of the Platform
    5. Use the electric scooter for commercial purposes
    6. Carry passengers on an electric scooter (fine 250 UAH)
    7. End the trip in closed areas, warehouses, entrances and other places that restrict the ability of other users or company representatives to access the electric scooter
    8. Use the electric scooter for stunts, aggressive driving, driving on unprepared surfaces.
  8. Safety regulations
    1. Use a helmet for the trip
    2. Don't perform actions on the scooter that could cause you to fall or collide with other objects or peopleDo not use the scooter while intoxicated
    3. Don't ride one scooter more than one person
    4. Don't violate traffic rules when driving on the roadway, make sure your traffic is safe.
    5. When driving in pedestrian and walking areas, follow safety precautions so as not to harm others and yourself.
    6. При езде в пешеходных и прогулочных зонах соблюдайте меры предосторожности, чтобы не нанести вред окружающим и себе
    7. Use a helmet for the trip
  9. Blocking and deletion
    1. The administration has the right to immediately block / delete the User's account in the event of:
      • Identification of violation by the User of the provisions of the Agreement;
      • Identification of violation by the User of the provisions of the current legislation of Ukraine;
      • Receipt from third parties of a claim about violation by the User of their rights;
      • Obtain relevant requirements from government authorities.
    2. The user undertakes to independently take all actions to stop the violation.
    3. In case of blocking in connection with the receipt from third parties of a claim about violation by the User of their rights, the User has the right to use the account in the future only on condition that the Administration received a written notification from the complainant that the dispute has been resolved and there is no claim from third parties about the violation of rights.
    4. In case of receipt of requests from government agencies, including requirements (notifications, claims), the Administration blocks the account of the User who committed the violation. At the same time, the unblocking of the account is not made without the Administration receiving an official notification from the above-mentioned state bodies, about the absence of any claims and requirements to the User, whose account was blocked.
  10. Tariffs
    1. Types of Tariffs are available here
    2. Tariffs can be changed by unilateral decision of the Administration.
    3. Payment for the service takes place at the time of replenishing the internal balance in the user's personal account and is considered rendered..
    4. At the first payment of the Tariff, the User gives the Administration and its partners consent to store information about his payment card and agrees that the Administration is authorized to charge the payment card for:
      • implementation of the auto payment function;
      • write-offs of payments related to the Agreement;
      • repayment of the User's debt under the Agreement.
    5. The user has the right to cancel the auto payment function at any time.
    6. The date of payment is the date when funds are credited to the internal account.
  11. Rights of the Administration
    1. Change, modify and update the Platform without the consent and notification of the User.
    2. Establish any restrictions on the use of the Platform.
    3. Delete User Account
    4. Направлять Пользователю сообщения, уведомления, запросы, сведения рекламного и информационного характера.
    5. Направлять Пользователю информацию о вебинарах, видео и другую информацию о Платформе.
    6. Carry out preventive maintenance, resulting in the suspension of the Platform.
  12. Personal data
    1. The procedure for processing and protecting personal data is determined by the Privacy Policy located at support@zaka.com.ua
  13. Responsibility
    1. Are you using Platform Zaka at your own risk. The information, materials, services of our Platform are provided as is, without any guarantees and liability on the part of the administration.
    2. The user is personally solely responsible for the property rented by the Zaka service, as well as for any actions in relation to third parties
    3. in case of damage to the rented property, the User undertakes to reimburse the cost of repairs or compensate for the cost of the lost equipment within 10 days from the date of damage at a cost, which, after inspection of the damage, will be announced by a Zaka technician
    4. The administration does not bear any responsibility for the actions of users renting an electric scooter. All responsibility for violations, damages, material losses, or other moments associated with damage to property or harm to the health of third parties lies solely with the user who performed these actions
    5. Payment for the service takes place at the time of replenishment of the internal balance in the user's personal account
    6. The administration is not responsible for the discrepancy between the services expected by the User and actually received services
    7. The administration does not bear any responsibility for the services provided by third parties
    8. Compensation for damage caused by the User during the use of electric scooters to third parties, other Users, the Administration, lies exclusively with the User
    9. In the event that the Administration presents claims, demands and / or claims for violation of the rights of third parties related to violation of the guarantees given by the User, the User assumes obligations to settle them and compensate the Administration for damage in case of its occurrence.
  14. Term of the Agreement
    1. The Agreement is valid from the moment of acceptance until the moment the User's Account is deleted.
    2. The account can be deleted:
      • At the request of the User
      • On the grounds provided for in sections 8 and 9
    3. In case of deleting an Account with a valid paid Tariff, the payment is non-refundable.
    4. After deleting the Account, the User is not entitled to use the Zaka Platform in any way.
  15. Resolution of disputes and disagreements
    1. All disputes or disagreements arising between the Parties in connection with the execution of the Agreement shall be resolved by them through negotiations.
    2. If the Parties fail to reach an agreement, disputes and disagreements shall be resolved in a claim procedure. The deadline for responding to a claim is 30 days.
    3. If it is impossible to come to an agreement, the dispute may be referred to a court for resolution at the location of the Administration.
    4. The applicable law is the law of Ukraine.
  16. Final provisions
    1. The Agreement can be changed or supplemented by the Administration without notifying the User at any time. The new version of the Agreement comes into force from the moment it is posted on the Platform.
    2. Continuing to use the Platform after making changes and / or additions to the Agreement means acceptance and consent of the User with such changes and / or additions.
    3. The Agreement is governed by and construed in accordance with the laws of Ukraine. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of Ukraine.
    4. In the event that any of the provisions of the Agreement turns out to be null and void in accordance with the legislation of Ukraine, the remaining provisions will remain in force, and the Agreement will be executed by the Parties in full without taking into account such a provision.
    5. This Agreement has been drawn up in Russian. In the event of a discrepancy between the Russian-language version of the Agreement and the version of the Agreement in another language, the provisions of the Russian-language version of the Agreement shall apply.