This User Agreement (hereinafter referred to as the “Agreement”) sets up the terms and conditions for the use of the “goSha” mobile application, as well as services, sites, programs and other products, including information, advertising, entertainment and other types (hereinafter referred to as the “Service”) available on the Internet at: https://gosha.travel/en/ (hereinafter referred to as the “Site”), the copyright holder of which shall be Gosha Limited Liability Company (PSRN 1197746363792) (hereinafter referred to as the “Company”).
1 General terms
1.1 The subject of the Agreement is the provision of access to the Services to an Internet user (hereinafter referred to as the “User”) who has accepted the terms and conditions of the Agreement. The Agreement covers all existing, actually functioning, at the time of access Services, as well as any of their previous and subsequent modifications and additional services that appear in the future.
1.2 The Service is provided “as is”. The Company shall not accept any responsibility for the delay, deletion, non-delivery or inability to download any User data, and is also not responsible for the compliance of the Service with the goals and requirements of the User.
1.3 Using the Service, installing the “goSha” mobile application, accessing the pages of the Site in every way possible means a complete and unconditional acceptance of the Agreement by the User. The “goSha” mobile application refers to as the mobile application called “goSha”, which is a software designed to work on smartphones, tablets and other mobile devices, developed for iOS and Android platforms.
1.5 The current version of the Agreement is located on the page at https://gosha.travel/en/user-agreement/. The Company is entitled to amend the Agreement without special notice to the User by posting at the same address a new version of the Agreement. The new version of the Agreement comes into force from the moment after posting on the Internet, unless otherwise provided by the new version of the Agreement.
1.6 The User who does not agree with the terms and conditions of the current version of the Agreement in whole or in part shall stop any use of the Service.
1.7 The Company is the copyright holder of the copyright objects through which the Service operates (computer programs, design, etc.) and provides the free, non-exclusive license to use these objects within the limits established by the Agreement. The certain Services are provided by the Company for a fee on the terms of an offer posted on the Internet at: https://gosha.travel/offer/.
The User registration and authorization in the Services
2.1 The User shall go through the registration procedure or log in to the Service using the previously registered User account to obtain the Services or rights to use the additional functional (software) capabilities of the Services.
2.2 For logging purposes, the User shall fill up the registration form on the Services, or shall enter the Service through the User’s account on the social network, subject to the latter is available in the form on the corresponding Service. The User shall select the login and password upon registration independently, necessary for subsequent access to the User’s account, shall indicate the required credentials obligatory for registration, as well as information that allows the User to restore access to user account. The user account shall be the email address of the User. The Company shall not verify the accuracy of the information provided by the Users, except when such verification is necessary to fulfill the Company's obligations to the Users.
2.3 Registering in the Service, the User confirms that:
2.3.1 the User is a capable individual;
2.3.2 the data specified by the User upon registration is reliable and valid data of the User;
2.3.3 The User has the rights and authorities to act on behalf of the legal entity or individual entrepreneur.
2.4 Any actions completed with the use of the user account and password of the User are listed as completing by the corresponding User, unless the User, in accordance with clause 2.5 hereof, notifies the Company of unauthorized access by third parties to the User’s login and password and their loss by the User.
2.5 In case of unauthorized access to the login and password, their loss or disclosure to the third parties, the User shall inform the Company of this by sending an email from the email address indicated in his account immediately.
2.6 The Company is entitled at any time to request from the User documents confirming the data specified by the User upon registration. If the User shall not provide supporting documents, the Company is entitled at its own discretion to block or delete the User’s account and refuse to the User to use the Services or their individual functions. If the User’s data specified in the documents provided by the User does not correspond to the data specified upon registration and does not allow the User to be identified, the Company is entitled to refuse the User access to the account and use of the Services.
3 Terms of Services use
3.1 The Company shall grant the right the non-exclusive license in all countries of the world the User using indicated methods herein
3.2 The User is entitled to use the Services in the following ways:
3.2.1 to view any content of the Services, including in the form of texts, photos, videos, messages and other materials (hereinafter - the “Content”).
3.2.2 to configure filters to search for the necessary information or to hide irrelevant information for the User in the Services in accordance with the functionality of the Services.
3.2.3 to save in the account information about services / activities of interest / provided by the organization, information about which is contained in the Service - for Users with the status of the “Tourist”. A User with the status of the “Tourist” is an individual who has accepted the terms of the Agreement in order to search for information about organizations that provide hotel services.
3.2.4 to create the “Rest calendar” and set up reminders for the User’s planned events that are indicated in the Service and are carried out by organizations that provide hotel services, for Users with the status of the “Tourist”. The “Rest calendar” shall be a service that reflects information on events selected by the User with the status of the “Tourist”, carried out by organizations that provide hotel services, and specified in the Service.
3.2.5 to post Content permitted by the forms of the Services - for Users with the status of the “Hotel”. A User with the status the “Hotel” is a legal entity or an entrepreneur who provides hotel services and has accepted the terms of the Agreement. Content permitted by the Services forms includes Hotel contacts, a list of restaurants / cafes / bars on the Hotel territory, a list of leisure / animations, a list of additional services, infrastructure nearby, a list of television channels and others available at the time of the User registration, authorization with the status of the “Hotel”.
3.2.6 to use the Services through other means permitted by the Agreement.
3.3 The User agrees not to use the Service for
- uploading, sending or any other way of publishing materials, including by pointing to
- its location, by placing links that are illegal, malicious, threatening, insulting morality, libelous, violating copyright and other intellectual property rights, constituting an act of unfair competition promoting hate and / or discrimination against people on racial, ethnic, gender, social grounds, as well as violating accepted norms and ethics of communication Internet or hinder the work of other users of the Service;
- violations of the rights of minors and / or harm to them in any form;
- downloading, sending or any other way of publishing materials that violate any of the rights of third parties, including the right to trademarks (service marks), trade secret, and / or to violate any other intellectual property rights of third parties;
- downloading, sending or any other way of publishing materials that the User does not have the right to make available by law or in accordance with any agreements with third parties;
3.4 If the User provides incorrect information or the Company has reason to believe that the information provided by the User is incomplete or inaccurate, the Company is entitled to refuse the User to use the Services (or their individual functions).
3.5 The Company shall not in any way verify the information provided by the User and is not responsible to any third parties for the accuracy and reliability of such information.
3.6 The User agrees to receive from the Company the answers to the User’s questions, as well as information and advertising messages and materials of the Company and / or its partners, indicated upon registration. Information and advertising messages of the Company and / or its partners may be displayed in the Services (push notifications), which the User agrees with.
3.7 The User is entitled to opt out informational and advertising messages and materials (clause 3.8 hereof) by written notice about this to the Company at the email address firstname.lastname@example.org.
3.8 Unless the contrary is provided by the User, the message sending actions due to the Service, completed with the User’s phone number, e-mail, are considered to be completed by the User.
3.9 The Company is entitled:
3.9.1 to deny the User’s access to certain features of the Service;
3.9.2 to remove any Content without explanation, including in the event that the User violates the terms of the Agreement, the Company receives the relevant requests from law enforcement, other state bodies, local authorities.
3.10 The Service contains audiovisual works, computer programs, trademarks, design elements, text, graphic images and other intellectual property, the rights to which belong to the Company and cannot be used without express prior consent from the Company.
4 Rights to User Content
4.1 The User shall grant the Company a non-exclusive license free of charge to use the Content posted by the User (resulting from intellectual activity) on the territory of all countries of the world for the entire duration of the exclusive rights to the results of intellectual activity in the following ways:
4.1.1 to play the Content, i.e. to make one or more copies of the Content in any material form, as well as to write them to the memory of an electronic device (reproduction rights);
4.1.2 to distribute copies of the Content, i.e. to provide access to the Content reproduced in any material form, including by network and other means, as well as by selling, renting, leasing, lending, including import for any of these purposes (distribution right);
4.1.3 to display the Content publicly (right of public display);
4.1.4 to execute the Content publicly (right of representation and public performance);
4.1.5 to provide the Content in such a way that any person can have access to it online from any place and at any time of his choice (the right of communication to the public);
4.1.6 to modify the Content, i.e. to remodel or otherwise process the Content, including the translation of Content from one language to another (right to alter);
4.1.7 the right to transfer all or part of the rights received to third parties (right of sublicense).
4.2 In the absence of the results of intellectual activity in the User Content, the User shall grant the Company the right to use the User’s Content in any way, including the ability to record, organize, accumulate, store, refine (update, change), extract, use, depersonalize, block, delete, destroy such data, transfer (distribution, provision to any third parties for their implementation of any actions).
5.1 The Company shall not be liable for visits and use by the User of external resources, links to which shall be contained in the Services, incl. Yandex.Metrica, Google Analytics services.
5.2 The Company shall not be liable and shall not have direct or indirect obligations to the User in connection with any possible or incurred losses or losses associated with any content of the Services, copyright registration and information about such registration, goods or services available on or received through external sites or resources or other contacts of the User into which he entered using the information posted on the Services or links to external resources.
5.3 The Company shall not be liable and not have any obligations in connection with advertising that may be placed on the Services.
5.4 The Company shall not be liable for:
5.4.1 Any delays or failure in the process of the operation that arose due to force majeure, as well as any case of malfunctions in telecommunication, computer, electrical and other related systems.
5.4.2 Any malfunctioning of the Services in case the User shall not have the necessary technical means for its use, and also shall not be liable to provide the Users with such means.
6.1 The Agreement is governed by and construed in accordance with the laws of the Russian Federation. All issues not settled by the Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from relations regulated by the Agreement are resolved in the manner established by the current legislation of the Russian Federation, according to the legal rules of the Russian Federation.
6.2 In the event of any disagreement or disputes between the Parties to the Agreement, the compulsory condition before applying to the court is a reclamation (a written proposal for the voluntary settlement of the dispute). If it is not possible to reach agreement between the Parties using the complaint procedure within sixty (60) calendar days from the receipt of the written claim by the other Party, the dispute shall be referred to the court at the location of the Company by any interested party.
6.3 The judicial acceptance of any provision of the Agreement as invalid or not enforceable shall entail no invalidity of other provisions of the Agreement.
6.4 The Site Administration is entitled to disclose any information about the User if the current legislation of the Russian Federation requires or allows such disclosure.
6.5 The mailing address for legally significant messages, including claims of copyright infringement, allied rights: email@example.com.
6.6 This Agreement is executed on Russian and English languages. In case of any discrepancies, the Russian version shall prevail.