Public Offer
1. GENERAL PROVISIONS
1.1. This Public Agreement (hereinafter referred to as the "Offer" or "Agreement") is an official offer of the tripwb.com Internet service (hereinafter referred to as the "Company") for the provision of Information Services to capable individuals (hereinafter referred to as the "User") for the concurrent delivery of parcels or a shared car trip through the tripwb.com website and it regulates the procedure for using the Website and the relationships arising when using the Website and Services by Users. The Company shall not guarantee the availability of the Website and Services 24/7. The Company shall be entitled to refuse any User to use the Services at any time in the case of violation of the agreement https://tripwb.com/ru/info_page/publichnaya-oferta/
1.2. The Acceptance of this Offer shall mean full and unconditional acceptance by the User of all terms and conditions without any exceptions and/or restrictions and shall be equivalent to a conclusion of a user agreement. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this User Agreement shall be recognized as an offer. An agreement concluded in the form of an offer is envisaged by the Civil Code of the Republic of Kazakhstan, shall not require bilateral signing, and shall be valid in electronic form.
1.3. This Offer shall be considered concluded (accepted) from the moment the User accepts the terms of the Service by filling out an account on the Company’s Website.
1.4. The Company and the User shall provide mutual guarantees of their rights and legal capacity required to conclude and execute this Offer.
1.5. Users who do not agree with this Offer or with its separate clauses shall be entitled to refuse to use the website https://tripwb.com (hereinafter referred to as the “Website”).
2. Terms Used
"Company" - tripwb.com
“Website Administration” means authorized employees of the Company, as well as other persons authorized to manage the Website and provide Services to Users when using the Website under the Agreement, and also has all relevant exclusive property rights to the Website, including the right to a domain name of the Website and its administration.
“Website” means an Internet Service for the concurrent delivery of parcels, as well as shared car trips, available on the tripwb.com website. The Website, depending on the context, also means the Website software, the design (graphic design) of the Website, the Website Database, any of its sections and subsections, moreover, messages and publications posted thereon by the Website Administration.
“Account” means a personal account, the creation of which is a prerequisite for registration on the Website in order to gain access to the Website Services.
“Services” means any paid and free services provided by the Company through computer software and hardware and databases that ensure the functioning of the Website.
“User” means any individual who has a registered account on the Website.
“Sender” means a Website User who accepted the Carrier’s offer or placed an order on the website for the concurrent delivery of a Parcel or a car trip from point “A” to point “B.”
“Carrier” means a Website User who has posted on the website an offer for the concurrent delivery of a Parcel or a car trip from point “A” to point “B.”
“Point A” means the locality, from which the Parcel shall be delivered or a trip shall be made.
“Point B” means the locality, to which the Parcel shall be delivered or a trip shall be made.
“Date” means the date, on which the Parcel shall be delivered or the trip shall be made.
“Cargo” means any material item that the Sender specifies in the Order for Carriers, requesting delivery from point “A” to point “B.”
“Order” means a post requesting the concurrent carriage of a Parcel or a road trip, published by the Sender on the Website.
“Carriage” means a post about the possibility of concurrent delivery of a Parcel, published by the Carrier on the Website.
“Carriage Offer” means an offer posted by the User and addressed to the Sender.
“Order Proposal” means an offer placed by the User and addressed to the Carrier.
“Transaction” means an agreement concluded between the Sender and the Carrier after the Users have chosen each other.
“User Profile” means the User’s personal page, on which the User places information about himself/herself at his/her discretion and which is available to all users of the Website.
“Personal Area” means the personal page of a registered User on the Website, on which the User manages his/her account and Balance.
“Login” is chosen by him/her during registration and used by him/her in the course of using the Website. It is prohibited to register and use several Logins by the same User.
“Password” means a symbol combination, which is chosen by the User independently and, together with the Login, ensures his/her identification when using the Website.
Any definitions and concepts used in the wording of the Agreement and not recorded in the “Terms and Definitions” section will be understood in accordance with the meaning arising from the text of the User Agreement. If any disagreements arise regarding the interpretation of the term and/or concept used in the User Agreement, the interpretation determined by the Website Administration will be applied.
3. Basic Provisions
3.1. The company has developed a platform for providing information services on concurrent parcel delivery and shared road trips, available on the website at tripwb.com. The purpose of this platform shall be to provide Carriers traveling in a certain direction with the opportunity to establish contact with the Sender, who needs to transfer a parcel or cargo or travel in the same direction in order to reduce their own costs.
The Company shall grant Users a personal non-exclusive and non-transferable right to use the Services and software presented on the Website in accordance with this Agreement, provided that neither the User nor any other persons being assisted by the User will take any action to copy or modify the Website software or Services, to create programs derived from the software of the Website and Services, to hack into software in order to obtain program codes, to sell, assign, lease, or transfer to third parties in any other form of rights related to the material of the Website and the Website software, to modify the Website and Services, including for the purpose of gaining unauthorized access thereto, and to perform other actions similar to those listed above and violating the rights of the Website and third parties. The User shall be responsible for observing the rights (tangible and intangible) of third parties to information transferred (provided) to the Administration or third parties when using the Website and Services. Users shall independently assess the legality of their use of the Website and Services, including from the point of view of the legislation of the countries, in which Carriages are organized.
3.2. By clicking “Log in via Google” or via “Login” and “Password,” the User agrees, accepts, and undertakes to unconditionally follow all its terms and conditions; the User shall also be entitled to refuse to use the tripwb.com Website. The User understands and acknowledges that the Company is not a party to any agreements, understandings, and contractual relations that may arise between Users of the Website.
3.3. The Company reserves the right to change the terms and conditions of the Agreement and all integral parts thereof without the consent of the User with notification to the latter by posting a new version of the Agreement or any of the integral parts thereof that have undergone changes on the Website. Taking into account that the newsletter may be considered spam, the User shall familiarize himself/herself with the contents of the Agreement posted on the Website at least once a month in order to be timely aware of its changes. The new version of the Agreement and/or any integral part thereof shall come into force from the moment of publication on the Website unless a different date for the entry into force of the changes is determined by the Company when they are published. The current version of the Agreement and all annexes thereto shall be always available on the Website for public access at: https://tripwb.com/ru/info_page/pravila-polzovaniya-servisom/
4. User Registration
4.1. The Website can be used by individuals over 18 years of age. Registration on the Website by a minor shall be strictly prohibited. By accessing the Platform, using its Services, and registering an Account, Users shall thereby confirm and guarantee that they are adults and have full legal capacity. The Company shall be entitled at any time to require Users to provide information and documents confirming the rights and powers specified above.
4.2. A person wishing to become a User shall go through the Registration procedure on the relevant page of the Resource. Upon Registration, the User shall be assigned a Login and Password pair chosen by him/her, which is subsequently used by the User when dealing with the Website. The User can complete the Registration procedure only once.
4.3. When registering on the Website, the User shall provide the Website Administration with the necessary reliable and up-to-date information to create a User Profile, including a Login (email address) and Password for access to the Website, both unique for each User, as well as the full name.
The User shall be responsible for the accuracy, relevance, completeness, and compliance of the information provided during Registration with the laws of the countries, in which Carriages (joint trips) are organized, as well as for its indemnification from claims of third parties.
4.4. The Company shall not bear any responsibility in the case of violation of the User's rights by third parties who have gained unauthorized access to the User's Login and Password pair. The User shall be solely responsible for keeping the Password secret from third parties.
4.5. If the person provides the incorrect registration information or the Website Administration has reason to believe that the registration information provided by a person is unreliable, incomplete, inaccurate, violates the terms and conditions of this Agreement, or that the person is using someone else’s data, then the Website Administration shall be entitled to suspend or cancel the registration and/or delete the User.
5. General Rules for the Website Services
5.1. The Administration shall not review content of any kind before posting it on the Website by any User.
5.2. It is prohibited to use the Website Services for:
5.2.1. posting content that is harmful, offends morality, infringes on the rights of national minorities, contains insults against specific individuals or organizations, and promotes the use of drugs and other substances harmful to health, as well as contains obscene language;
5.2.2. performing actions and posting content that violate the legislation of the Republic of Kazakhstan and international law, as well as posting links to resources, the content of which is illegal;
5.2.3. representation of the User by another person or representative of an organization and/or community without sufficient rights, including by employees of the Website;
5.2.4. disruption of the normal operation of the Website;
5.2.5. mass publication of personal messages (including comments, projects, orders, etc.), i.e. spam;
5.2.6. publishing advertisements without the consent of the Administration;
5.2.7. carriage of any goods or provision of services restricted in circulation according to the legislation of the countries, in which Carriages are organized, as well as the rules of transport companies used for the carriage; and
5.2.8. violation of copyright, including request/transfer/distribution of software and copyright products without the consent of the relevant copyright holder.
5.3. Actions aimed at circumventing the restrictions established by the technical means of the website are prohibited.
5.4. From the moment of registration on the Website, the User agrees to the Company’s use of the User’s personal data specified during registration for their processing (systematization, accumulation, storage, clarification, use, and destruction) in order to ensure the operation of the Service, as well as for the purpose of providing information services to the User.
5.5. The User shall not be entitled to transfer, assign, sell, hand over for use, etc. his/her login and password to access the Website and the Company Services to third parties without the consent of the Company. If the login and password are transferred to any third party, the User shall bear the full responsibility for the actions of such third party.
5.6. The User agrees that text, photographs, and other materials added to the post may be used by the Company in the preparation of advertising materials, articles, reports, analyses, etc., and used by the Company at its sole discretion without additional consent from the User and without payment of remuneration.
5.7. Without prejudice to other provisions of the Agreement, the Website Administration shall be entitled, without the User’s consent, to transfer data about the User:
to state bodies, including bodies of inquiry and investigation, upon their reasoned request;
based on a judicial act;
to third parties upon their reasoned written request in the case of a violation or alleged violation of their rights; or
in other cases envisaged by the existing legislation of the Republic of Kazakhstan.
6. Use of the Services
6.1. Publication of Posts
Subject to the conditions set out below, you, as a User, may create and publish posts as a Carrier (Caarriage) and as a Sender (Order).
· In the post for Carriage, the Carrier shall indicate the following information:
· Post title (indication of contact information is forbidden)
· Point A
· Point B
· Date
· Weight, type, and dimensions of cargoes to be transported
In the post for Order, the Sender shall indicate the following information:
· Post title (indication of contact information is forbidden)
· Point A
· Point B
· Date, from which he/she needs to deliver the parcel or make the trip
· Weight, type, and dimensions of cargoes to be transported
When specifying the addresses of Point A and Point B, Users shall indicate the cities or addresses, between which they need to make deliveries.
By publishing posts on the website, Users acknowledge that they are solely responsible for their content and guarantee that the information contained in them is accurate and binding.
If the User's Post complies with the Terms of the Website, it is published on the Website and becomes available for viewing by other Users and Website visitors who perform searches on the Website. The Company reserves the right, at its sole discretion and without prior notice, to refuse to publish a Post for Carriage or to delete it if such Post does not comply with the Terms of the Website or contains text that may harm the image of the Company, the Website, or Services provided via the Website.
6.2. Transactions
By using the Website and accepting this Agreement, you acknowledge that the Company is not a party to the agreement between you and other Users regarding the sharing of costs when performing Carriages or making trips. All transactions made through the placement of a Post on the Platform shall be concluded and executed without the direct or indirect participation of the Company.
You acknowledge and agree that the Company does not verify the accuracy, reliability, or legality of the posts published by you. The Company shall act as an online platform, on which Senders and Carriers have the opportunity, at their own risk, to place offers to an unlimited number of persons regarding Orders and Carriages. Users may accept such offers at their own discretion and under their responsibility, thereby concluding an agreement for the provision of Carriage services.
The Company does not provide carrier services. The functions of the Company shall be to provide information services by posting information on the Website.
Users shall bear the full responsibility for their actions and the choice of other Users as a Sender or Carrier.
The Company acting as an online platform shall not be responsible for the efficiency and quality of the Transaction, including for:
· safety and integrity of the Parcel;
· compliance of the Parcel with its description;
· cancellation or change of Carriage by the User;
· reliability of information provided by the User;
· improper behavior of Users during the conclusion or execution of a Transaction, as well as before and after it.
7. Dispute Resolution Rules
These Dispute Resolution Rules (hereinafter referred to as the "Rules") shall be an integral part of the agreement on the use of the TWB online service (hereinafter referred to as the "Agreement") and shall establish the procedure for resolving disputes between Users.
The Administration shall not be a party to any agreements between users, therefore users shall resolve all disputes between each other.
7. Rights and Obligations of the Company and Users
The User shall independently familiarize himself/herself with the information about the conditions for the provision of Services by the Company and the cost thereof.
The User shall be entitled to contact the Company’s technical support service with the reporting of his/her login or contact information.
All objects available through the Company Services, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds, etc., as well as any content posted on the Website, shall be the objects of exclusive property rights of the Company.
The use of the content, as well as any other elements of the Services, shall be possible only within the framework of the functionality offered by a certain service of the Website. No elements of the Website, as well as any content posted thereon, may be used in any other way without the prior consent of the Company.
The Use includes, but is not limited to, reproduction, copying, processing, distribution on any basis, etc.
The User shall:
Not take any actions that may lead to a disproportionately large load on the Website infrastructure;
Not use automatic programs to gain access to the Website without the written consent of the Company;
Not copy, reproduce, modify, distribute, or present to the public any information contained on the Website (except for the information provided by the User himself/herself) without the prior written consent of the Company;
Not interfere or attempt to interfere with the operation or other activities on the Website and not interfere with the operation of automatic systems or processes, as well as other activities aimed at preventing or restricting access to the Website; and
Not use the information provided by other Users for purposes other than to complete a transaction directly with this User, without the written consent of the other User. This clause of the Agreement shall not include the User’s personal data, which the latter provides to the Company upon registration.
The user shall be prohibited from:
Indicating contact information in any text fields when creating Posts;
Using User names similar to the names of other Users in order to impersonate them and write messages on their behalf.
Access to the User’s personal data by other Users is possible only with the User’s written consent to such access or in accordance with the requirements of the relevant legislation.
The Company shall make every effort to properly fulfill its obligations under this Agreement, including the normal operation of the Website Services and the non-distribution of personal data provided by the User to third parties, except as required by law.
The Company may from time to time establish restrictions on the use of the Website Services, particularly, the maximum number of days for storing posts. The Company shall be entitled at any time to change or terminate the operation of the Website Services or a part thereof with or without notice to the User, without being liable for such changes or termination.
The Company may deny the User access to the Website if the User violates the terms and conditions of this Agreement. The fact of a violation shall be considered confirmed if the User has been notified by the administration of the Websites about the activities that violate the rules of the Website and the rights of third parties. The Company reserves the right to delete or block the User’s Profile at any time, as well as delete all published posts by the User, leaving prior notice to the User of such deactivation at its own discretion, and without being liable for its actions to the User and third parties.
The Company shall be entitled, at its sole discretion, to reject, delete, or move any post published on the Website for a violation of this Agreement.
The User shall be entitled to send complaints regarding the operation of the Website through the feedback form by clicking on the “Questions, Complaints, and Suggestions” link at the bottom of the Website, which will be reviewed in the near future.
The Company reserves the right at any time to require the User to confirm the data specified during registration and to request in this regard relevant supporting documents (particularly, copies/certified copies of identity documents), failure to provide which, at the User’s discretion, may be equated to providing false information. If the User's data specified in the documents provided by him/her does not correspond to the data specified during registration, as well as in the case that the data specified during registration does not allow the User to be identified, the Company shall be entitled to deny the User access to the Website Services with or without prior notice thereto.
The Company reserves the right to contact any User of the Website via the specified contacts to confirm any information related to the Website, Transactions, and compliance by Users with the terms and conditions of this Agreement, as well as to conduct surveys on satisfaction with the Website Services and the quality/cost of Carriage by Users.
The Company shall be entitled to block or delete the User's Profile if fraud to evade or underestimate the Website Fee is detected or if the User violates the terms and conditions of this Offer.
The Company shall be entitled to place advertising and/or other information in any section of the Website without the consent of the User.
The Company shall be entitled to send messages to Users, including electronic messages to the User's email addresses or SMS messages to the User's mobile phone numbers, containing organizational, technical, information, or other data about the capabilities of the Company's Services.
The Company shall not use the User’s credentials obtained during registration for any mercenary purposes and shall guarantee the non-disclosure of this data, except in cases where the disclosure thereof is the obligation of the Company by virtue of the legislation of the Republic of Kazakhstan.
8. Reasons for Deleting Posts
The User’s post may be deleted by the Company due to the User’s violation of the terms and conditions of this Agreement, as well as for the following reasons:
The post title and/or text fields contain the User’s contact information;
This User already has an active similar post on the Website;
The information contained in the post is contrary to this Agreement and/or the law;
The information contained in the post is false;
The post title contains repeated exclamation and question marks, ellipses, and other characters;
The post title contains a link to Internet resources;
The Company has received a complaint from the owner of intellectual property rights and/or a request from an authorized government body; or
The Company has received a justified complaint from another User about a violation of his/her rights in the post.
9. Limitation of Liability of the Company
By using the Services of the Website, the User acknowledges that he/she uses the Website and its Services “as is” and at his/her own risk, evaluates and bears all risks associated with the use of posts published on the Website, and the Company, including its management and employees shall not bear any responsibility for the content of posts publishes on the Website or for any damages or losses resulting from the use of posts published on the Website.
The Company shall not be the organizer/initiator of a transaction between Users or a party thereto. The Website is a platform that provides the opportunity for Users to place posts for Order or Carriage.
The Company cannot control the accuracy of information posted by users in their posts. The Company shall not be responsible for any damage caused as a result of the transaction or improper behavior of any of the parties thereto.
The Company shall not be responsible for any unauthorized access or use of the Company's servers and/or any user information stored thereon, as well as for any errors, viruses, etc. that may be transmitted to the Website by third parties.
The quality, safety, and legality of Carriage of Parcel deliveries are beyond the control of the Company.
The Company urges Users to be careful and use common sense when using the services of the Website. The User shall take into account that his/her counterparty may not have the appropriate legal capacity or may impersonate another person. Using the Company's services implies that the User understands and accepts these risks, as well as agrees that the Company shall not be responsible for the actions or inaction of other Users.
Inaction on the part of the Company in the case of a violation by the User or other users of the provisions of the Agreement shall not deprive the Company of the right to take appropriate actions to protect its interests later, as well as shall not mean that the Company waives its rights in the case of subsequent similar violations.
The User shall be entitled to inform the Company about the violation of his/her rights by another User using the “Questions, Complaints, and Suggestions” link, which is located at the bottom of the Website. If the User's complaints are justified, the Company, at its discretion, removes the post that violates the User's rights.
The Company shall not be responsible for failure to fulfill or difficulties in fulfilling obligations to provide access to the Website due to unforeseen circumstances of force majeure, the consequences of which cannot be avoided or overcome (such as government decisions, labor disputes, accidents, sanctions, breaks in the general communications system, etc.).
The Company shall not be responsible for problems in the operation of the Website caused by technical failures of equipment and software through no fault of the Company.
Under no circumstances shall the Company, its management, and employees be liable for direct, indirect, incidental, special damages, losses, or penalties of any nature (even if the Company has been advised of the possibility thereof) as a result of the use of the Website and its Services by the User, including but not limited to cases, in which damage resulted from the use or misuse of the Website and its Services.
10. Messaging Service
After concluding a Transaction, the User shall be provided with access to the messaging service, which allows the exchange of additional information required to fulfill obligations under the Transaction between Users. Correspondence carried out through the Website Services is not personal. By using this Service, the User accepts the fact that the Administration is entitled to read sent messages at any time.
The User shall express his/her consent to receive personal messages from the Administration at any time and of any nature, including advertising. The Administration reserves the right to supplement the text of messages sent by Users with advertising materials. The Administration does not moderate (preview, evaluate, and filter) messages sent by Users to each other.
Users shall be prohibited from using the Personal Messaging Service for:
vulgar and offensive language;
propaganda of hatred, violence, discrimination, racism, xenophobia, and interethnic conflicts;
calls for violence and illegal actions;
data that violates personal (moral) rights or intellectual property rights of third parties;
information conducive to fraud, deception, or breach of trust;
information leading to transactions involving stolen or counterfeit items;
information that violates or infringes on the property of third parties, trade secrets, or the right to privacy;
personal or identifying information about other persons without the express consent of the persons concerned;
information containing details that infringe on privacy or offend someone’s honor, dignity, or business reputation;
information containing slander or threats against anyone;
information of a pornographic nature;
information harmful to minors;
false and misleading information;
viruses or any other technologies that may harm the websites of the Company or other Users;
information about services considered immoral, such as prostitution or other forms that are contrary to morality or law;
links or information about websites competing with the Company’s services;
information that constitutes “spam,” “chain letters,” “pyramid schemes,” or unsolicited or deceptive commercial advertising;
information distributed by news agencies;
information with an offer to earn money on the Internet without indicating the physical address and direct contacts of the employer;
information offering franchising, multi-level and network marketing, agency activities, sales representation, or any other activity that requires the recruitment of other members, sub-agents, sub-distributors, etc.;
information of a purely advertising nature without an offer of a specific product or service; or
information that otherwise violates the laws of the country, for which the post is intended.
1.1. This Public Agreement (hereinafter referred to as the "Offer" or "Agreement") is an official offer of the tripwb.com Internet service (hereinafter referred to as the "Company") for the provision of Information Services to capable individuals (hereinafter referred to as the "User") for the concurrent delivery of parcels or a shared car trip through the tripwb.com website and it regulates the procedure for using the Website and the relationships arising when using the Website and Services by Users. The Company shall not guarantee the availability of the Website and Services 24/7. The Company shall be entitled to refuse any User to use the Services at any time in the case of violation of the agreement https://tripwb.com/ru/info_page/publichnaya-oferta/
1.2. The Acceptance of this Offer shall mean full and unconditional acceptance by the User of all terms and conditions without any exceptions and/or restrictions and shall be equivalent to a conclusion of a user agreement. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this User Agreement shall be recognized as an offer. An agreement concluded in the form of an offer is envisaged by the Civil Code of the Republic of Kazakhstan, shall not require bilateral signing, and shall be valid in electronic form.
1.3. This Offer shall be considered concluded (accepted) from the moment the User accepts the terms of the Service by filling out an account on the Company’s Website.
1.4. The Company and the User shall provide mutual guarantees of their rights and legal capacity required to conclude and execute this Offer.
1.5. Users who do not agree with this Offer or with its separate clauses shall be entitled to refuse to use the website https://tripwb.com (hereinafter referred to as the “Website”).
2. Terms Used
"Company" - tripwb.com
“Website Administration” means authorized employees of the Company, as well as other persons authorized to manage the Website and provide Services to Users when using the Website under the Agreement, and also has all relevant exclusive property rights to the Website, including the right to a domain name of the Website and its administration.
“Website” means an Internet Service for the concurrent delivery of parcels, as well as shared car trips, available on the tripwb.com website. The Website, depending on the context, also means the Website software, the design (graphic design) of the Website, the Website Database, any of its sections and subsections, moreover, messages and publications posted thereon by the Website Administration.
“Account” means a personal account, the creation of which is a prerequisite for registration on the Website in order to gain access to the Website Services.
“Services” means any paid and free services provided by the Company through computer software and hardware and databases that ensure the functioning of the Website.
“User” means any individual who has a registered account on the Website.
“Sender” means a Website User who accepted the Carrier’s offer or placed an order on the website for the concurrent delivery of a Parcel or a car trip from point “A” to point “B.”
“Carrier” means a Website User who has posted on the website an offer for the concurrent delivery of a Parcel or a car trip from point “A” to point “B.”
“Point A” means the locality, from which the Parcel shall be delivered or a trip shall be made.
“Point B” means the locality, to which the Parcel shall be delivered or a trip shall be made.
“Date” means the date, on which the Parcel shall be delivered or the trip shall be made.
“Cargo” means any material item that the Sender specifies in the Order for Carriers, requesting delivery from point “A” to point “B.”
“Order” means a post requesting the concurrent carriage of a Parcel or a road trip, published by the Sender on the Website.
“Carriage” means a post about the possibility of concurrent delivery of a Parcel, published by the Carrier on the Website.
“Carriage Offer” means an offer posted by the User and addressed to the Sender.
“Order Proposal” means an offer placed by the User and addressed to the Carrier.
“Transaction” means an agreement concluded between the Sender and the Carrier after the Users have chosen each other.
“User Profile” means the User’s personal page, on which the User places information about himself/herself at his/her discretion and which is available to all users of the Website.
“Personal Area” means the personal page of a registered User on the Website, on which the User manages his/her account and Balance.
“Login” is chosen by him/her during registration and used by him/her in the course of using the Website. It is prohibited to register and use several Logins by the same User.
“Password” means a symbol combination, which is chosen by the User independently and, together with the Login, ensures his/her identification when using the Website.
Any definitions and concepts used in the wording of the Agreement and not recorded in the “Terms and Definitions” section will be understood in accordance with the meaning arising from the text of the User Agreement. If any disagreements arise regarding the interpretation of the term and/or concept used in the User Agreement, the interpretation determined by the Website Administration will be applied.
3. Basic Provisions
3.1. The company has developed a platform for providing information services on concurrent parcel delivery and shared road trips, available on the website at tripwb.com. The purpose of this platform shall be to provide Carriers traveling in a certain direction with the opportunity to establish contact with the Sender, who needs to transfer a parcel or cargo or travel in the same direction in order to reduce their own costs.
The Company shall grant Users a personal non-exclusive and non-transferable right to use the Services and software presented on the Website in accordance with this Agreement, provided that neither the User nor any other persons being assisted by the User will take any action to copy or modify the Website software or Services, to create programs derived from the software of the Website and Services, to hack into software in order to obtain program codes, to sell, assign, lease, or transfer to third parties in any other form of rights related to the material of the Website and the Website software, to modify the Website and Services, including for the purpose of gaining unauthorized access thereto, and to perform other actions similar to those listed above and violating the rights of the Website and third parties. The User shall be responsible for observing the rights (tangible and intangible) of third parties to information transferred (provided) to the Administration or third parties when using the Website and Services. Users shall independently assess the legality of their use of the Website and Services, including from the point of view of the legislation of the countries, in which Carriages are organized.
3.2. By clicking “Log in via Google” or via “Login” and “Password,” the User agrees, accepts, and undertakes to unconditionally follow all its terms and conditions; the User shall also be entitled to refuse to use the tripwb.com Website. The User understands and acknowledges that the Company is not a party to any agreements, understandings, and contractual relations that may arise between Users of the Website.
3.3. The Company reserves the right to change the terms and conditions of the Agreement and all integral parts thereof without the consent of the User with notification to the latter by posting a new version of the Agreement or any of the integral parts thereof that have undergone changes on the Website. Taking into account that the newsletter may be considered spam, the User shall familiarize himself/herself with the contents of the Agreement posted on the Website at least once a month in order to be timely aware of its changes. The new version of the Agreement and/or any integral part thereof shall come into force from the moment of publication on the Website unless a different date for the entry into force of the changes is determined by the Company when they are published. The current version of the Agreement and all annexes thereto shall be always available on the Website for public access at: https://tripwb.com/ru/info_page/pravila-polzovaniya-servisom/
4. User Registration
4.1. The Website can be used by individuals over 18 years of age. Registration on the Website by a minor shall be strictly prohibited. By accessing the Platform, using its Services, and registering an Account, Users shall thereby confirm and guarantee that they are adults and have full legal capacity. The Company shall be entitled at any time to require Users to provide information and documents confirming the rights and powers specified above.
4.2. A person wishing to become a User shall go through the Registration procedure on the relevant page of the Resource. Upon Registration, the User shall be assigned a Login and Password pair chosen by him/her, which is subsequently used by the User when dealing with the Website. The User can complete the Registration procedure only once.
4.3. When registering on the Website, the User shall provide the Website Administration with the necessary reliable and up-to-date information to create a User Profile, including a Login (email address) and Password for access to the Website, both unique for each User, as well as the full name.
The User shall be responsible for the accuracy, relevance, completeness, and compliance of the information provided during Registration with the laws of the countries, in which Carriages (joint trips) are organized, as well as for its indemnification from claims of third parties.
4.4. The Company shall not bear any responsibility in the case of violation of the User's rights by third parties who have gained unauthorized access to the User's Login and Password pair. The User shall be solely responsible for keeping the Password secret from third parties.
4.5. If the person provides the incorrect registration information or the Website Administration has reason to believe that the registration information provided by a person is unreliable, incomplete, inaccurate, violates the terms and conditions of this Agreement, or that the person is using someone else’s data, then the Website Administration shall be entitled to suspend or cancel the registration and/or delete the User.
5. General Rules for the Website Services
5.1. The Administration shall not review content of any kind before posting it on the Website by any User.
5.2. It is prohibited to use the Website Services for:
5.2.1. posting content that is harmful, offends morality, infringes on the rights of national minorities, contains insults against specific individuals or organizations, and promotes the use of drugs and other substances harmful to health, as well as contains obscene language;
5.2.2. performing actions and posting content that violate the legislation of the Republic of Kazakhstan and international law, as well as posting links to resources, the content of which is illegal;
5.2.3. representation of the User by another person or representative of an organization and/or community without sufficient rights, including by employees of the Website;
5.2.4. disruption of the normal operation of the Website;
5.2.5. mass publication of personal messages (including comments, projects, orders, etc.), i.e. spam;
5.2.6. publishing advertisements without the consent of the Administration;
5.2.7. carriage of any goods or provision of services restricted in circulation according to the legislation of the countries, in which Carriages are organized, as well as the rules of transport companies used for the carriage; and
5.2.8. violation of copyright, including request/transfer/distribution of software and copyright products without the consent of the relevant copyright holder.
5.3. Actions aimed at circumventing the restrictions established by the technical means of the website are prohibited.
5.4. From the moment of registration on the Website, the User agrees to the Company’s use of the User’s personal data specified during registration for their processing (systematization, accumulation, storage, clarification, use, and destruction) in order to ensure the operation of the Service, as well as for the purpose of providing information services to the User.
5.5. The User shall not be entitled to transfer, assign, sell, hand over for use, etc. his/her login and password to access the Website and the Company Services to third parties without the consent of the Company. If the login and password are transferred to any third party, the User shall bear the full responsibility for the actions of such third party.
5.6. The User agrees that text, photographs, and other materials added to the post may be used by the Company in the preparation of advertising materials, articles, reports, analyses, etc., and used by the Company at its sole discretion without additional consent from the User and without payment of remuneration.
5.7. Without prejudice to other provisions of the Agreement, the Website Administration shall be entitled, without the User’s consent, to transfer data about the User:
to state bodies, including bodies of inquiry and investigation, upon their reasoned request;
based on a judicial act;
to third parties upon their reasoned written request in the case of a violation or alleged violation of their rights; or
in other cases envisaged by the existing legislation of the Republic of Kazakhstan.
6. Use of the Services
6.1. Publication of Posts
Subject to the conditions set out below, you, as a User, may create and publish posts as a Carrier (Caarriage) and as a Sender (Order).
· In the post for Carriage, the Carrier shall indicate the following information:
· Post title (indication of contact information is forbidden)
· Point A
· Point B
· Date
· Weight, type, and dimensions of cargoes to be transported
In the post for Order, the Sender shall indicate the following information:
· Post title (indication of contact information is forbidden)
· Point A
· Point B
· Date, from which he/she needs to deliver the parcel or make the trip
· Weight, type, and dimensions of cargoes to be transported
When specifying the addresses of Point A and Point B, Users shall indicate the cities or addresses, between which they need to make deliveries.
By publishing posts on the website, Users acknowledge that they are solely responsible for their content and guarantee that the information contained in them is accurate and binding.
If the User's Post complies with the Terms of the Website, it is published on the Website and becomes available for viewing by other Users and Website visitors who perform searches on the Website. The Company reserves the right, at its sole discretion and without prior notice, to refuse to publish a Post for Carriage or to delete it if such Post does not comply with the Terms of the Website or contains text that may harm the image of the Company, the Website, or Services provided via the Website.
6.2. Transactions
By using the Website and accepting this Agreement, you acknowledge that the Company is not a party to the agreement between you and other Users regarding the sharing of costs when performing Carriages or making trips. All transactions made through the placement of a Post on the Platform shall be concluded and executed without the direct or indirect participation of the Company.
You acknowledge and agree that the Company does not verify the accuracy, reliability, or legality of the posts published by you. The Company shall act as an online platform, on which Senders and Carriers have the opportunity, at their own risk, to place offers to an unlimited number of persons regarding Orders and Carriages. Users may accept such offers at their own discretion and under their responsibility, thereby concluding an agreement for the provision of Carriage services.
The Company does not provide carrier services. The functions of the Company shall be to provide information services by posting information on the Website.
Users shall bear the full responsibility for their actions and the choice of other Users as a Sender or Carrier.
The Company acting as an online platform shall not be responsible for the efficiency and quality of the Transaction, including for:
· safety and integrity of the Parcel;
· compliance of the Parcel with its description;
· cancellation or change of Carriage by the User;
· reliability of information provided by the User;
· improper behavior of Users during the conclusion or execution of a Transaction, as well as before and after it.
7. Dispute Resolution Rules
These Dispute Resolution Rules (hereinafter referred to as the "Rules") shall be an integral part of the agreement on the use of the TWB online service (hereinafter referred to as the "Agreement") and shall establish the procedure for resolving disputes between Users.
The Administration shall not be a party to any agreements between users, therefore users shall resolve all disputes between each other.
7. Rights and Obligations of the Company and Users
The User shall independently familiarize himself/herself with the information about the conditions for the provision of Services by the Company and the cost thereof.
The User shall be entitled to contact the Company’s technical support service with the reporting of his/her login or contact information.
All objects available through the Company Services, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds, etc., as well as any content posted on the Website, shall be the objects of exclusive property rights of the Company.
The use of the content, as well as any other elements of the Services, shall be possible only within the framework of the functionality offered by a certain service of the Website. No elements of the Website, as well as any content posted thereon, may be used in any other way without the prior consent of the Company.
The Use includes, but is not limited to, reproduction, copying, processing, distribution on any basis, etc.
The User shall:
Not take any actions that may lead to a disproportionately large load on the Website infrastructure;
Not use automatic programs to gain access to the Website without the written consent of the Company;
Not copy, reproduce, modify, distribute, or present to the public any information contained on the Website (except for the information provided by the User himself/herself) without the prior written consent of the Company;
Not interfere or attempt to interfere with the operation or other activities on the Website and not interfere with the operation of automatic systems or processes, as well as other activities aimed at preventing or restricting access to the Website; and
Not use the information provided by other Users for purposes other than to complete a transaction directly with this User, without the written consent of the other User. This clause of the Agreement shall not include the User’s personal data, which the latter provides to the Company upon registration.
The user shall be prohibited from:
Indicating contact information in any text fields when creating Posts;
Using User names similar to the names of other Users in order to impersonate them and write messages on their behalf.
Access to the User’s personal data by other Users is possible only with the User’s written consent to such access or in accordance with the requirements of the relevant legislation.
The Company shall make every effort to properly fulfill its obligations under this Agreement, including the normal operation of the Website Services and the non-distribution of personal data provided by the User to third parties, except as required by law.
The Company may from time to time establish restrictions on the use of the Website Services, particularly, the maximum number of days for storing posts. The Company shall be entitled at any time to change or terminate the operation of the Website Services or a part thereof with or without notice to the User, without being liable for such changes or termination.
The Company may deny the User access to the Website if the User violates the terms and conditions of this Agreement. The fact of a violation shall be considered confirmed if the User has been notified by the administration of the Websites about the activities that violate the rules of the Website and the rights of third parties. The Company reserves the right to delete or block the User’s Profile at any time, as well as delete all published posts by the User, leaving prior notice to the User of such deactivation at its own discretion, and without being liable for its actions to the User and third parties.
The Company shall be entitled, at its sole discretion, to reject, delete, or move any post published on the Website for a violation of this Agreement.
The User shall be entitled to send complaints regarding the operation of the Website through the feedback form by clicking on the “Questions, Complaints, and Suggestions” link at the bottom of the Website, which will be reviewed in the near future.
The Company reserves the right at any time to require the User to confirm the data specified during registration and to request in this regard relevant supporting documents (particularly, copies/certified copies of identity documents), failure to provide which, at the User’s discretion, may be equated to providing false information. If the User's data specified in the documents provided by him/her does not correspond to the data specified during registration, as well as in the case that the data specified during registration does not allow the User to be identified, the Company shall be entitled to deny the User access to the Website Services with or without prior notice thereto.
The Company reserves the right to contact any User of the Website via the specified contacts to confirm any information related to the Website, Transactions, and compliance by Users with the terms and conditions of this Agreement, as well as to conduct surveys on satisfaction with the Website Services and the quality/cost of Carriage by Users.
The Company shall be entitled to block or delete the User's Profile if fraud to evade or underestimate the Website Fee is detected or if the User violates the terms and conditions of this Offer.
The Company shall be entitled to place advertising and/or other information in any section of the Website without the consent of the User.
The Company shall be entitled to send messages to Users, including electronic messages to the User's email addresses or SMS messages to the User's mobile phone numbers, containing organizational, technical, information, or other data about the capabilities of the Company's Services.
The Company shall not use the User’s credentials obtained during registration for any mercenary purposes and shall guarantee the non-disclosure of this data, except in cases where the disclosure thereof is the obligation of the Company by virtue of the legislation of the Republic of Kazakhstan.
8. Reasons for Deleting Posts
The User’s post may be deleted by the Company due to the User’s violation of the terms and conditions of this Agreement, as well as for the following reasons:
The post title and/or text fields contain the User’s contact information;
This User already has an active similar post on the Website;
The information contained in the post is contrary to this Agreement and/or the law;
The information contained in the post is false;
The post title contains repeated exclamation and question marks, ellipses, and other characters;
The post title contains a link to Internet resources;
The Company has received a complaint from the owner of intellectual property rights and/or a request from an authorized government body; or
The Company has received a justified complaint from another User about a violation of his/her rights in the post.
9. Limitation of Liability of the Company
By using the Services of the Website, the User acknowledges that he/she uses the Website and its Services “as is” and at his/her own risk, evaluates and bears all risks associated with the use of posts published on the Website, and the Company, including its management and employees shall not bear any responsibility for the content of posts publishes on the Website or for any damages or losses resulting from the use of posts published on the Website.
The Company shall not be the organizer/initiator of a transaction between Users or a party thereto. The Website is a platform that provides the opportunity for Users to place posts for Order or Carriage.
The Company cannot control the accuracy of information posted by users in their posts. The Company shall not be responsible for any damage caused as a result of the transaction or improper behavior of any of the parties thereto.
The Company shall not be responsible for any unauthorized access or use of the Company's servers and/or any user information stored thereon, as well as for any errors, viruses, etc. that may be transmitted to the Website by third parties.
The quality, safety, and legality of Carriage of Parcel deliveries are beyond the control of the Company.
The Company urges Users to be careful and use common sense when using the services of the Website. The User shall take into account that his/her counterparty may not have the appropriate legal capacity or may impersonate another person. Using the Company's services implies that the User understands and accepts these risks, as well as agrees that the Company shall not be responsible for the actions or inaction of other Users.
Inaction on the part of the Company in the case of a violation by the User or other users of the provisions of the Agreement shall not deprive the Company of the right to take appropriate actions to protect its interests later, as well as shall not mean that the Company waives its rights in the case of subsequent similar violations.
The User shall be entitled to inform the Company about the violation of his/her rights by another User using the “Questions, Complaints, and Suggestions” link, which is located at the bottom of the Website. If the User's complaints are justified, the Company, at its discretion, removes the post that violates the User's rights.
The Company shall not be responsible for failure to fulfill or difficulties in fulfilling obligations to provide access to the Website due to unforeseen circumstances of force majeure, the consequences of which cannot be avoided or overcome (such as government decisions, labor disputes, accidents, sanctions, breaks in the general communications system, etc.).
The Company shall not be responsible for problems in the operation of the Website caused by technical failures of equipment and software through no fault of the Company.
Under no circumstances shall the Company, its management, and employees be liable for direct, indirect, incidental, special damages, losses, or penalties of any nature (even if the Company has been advised of the possibility thereof) as a result of the use of the Website and its Services by the User, including but not limited to cases, in which damage resulted from the use or misuse of the Website and its Services.
10. Messaging Service
After concluding a Transaction, the User shall be provided with access to the messaging service, which allows the exchange of additional information required to fulfill obligations under the Transaction between Users. Correspondence carried out through the Website Services is not personal. By using this Service, the User accepts the fact that the Administration is entitled to read sent messages at any time.
The User shall express his/her consent to receive personal messages from the Administration at any time and of any nature, including advertising. The Administration reserves the right to supplement the text of messages sent by Users with advertising materials. The Administration does not moderate (preview, evaluate, and filter) messages sent by Users to each other.
Users shall be prohibited from using the Personal Messaging Service for:
vulgar and offensive language;
propaganda of hatred, violence, discrimination, racism, xenophobia, and interethnic conflicts;
calls for violence and illegal actions;
data that violates personal (moral) rights or intellectual property rights of third parties;
information conducive to fraud, deception, or breach of trust;
information leading to transactions involving stolen or counterfeit items;
information that violates or infringes on the property of third parties, trade secrets, or the right to privacy;
personal or identifying information about other persons without the express consent of the persons concerned;
information containing details that infringe on privacy or offend someone’s honor, dignity, or business reputation;
information containing slander or threats against anyone;
information of a pornographic nature;
information harmful to minors;
false and misleading information;
viruses or any other technologies that may harm the websites of the Company or other Users;
information about services considered immoral, such as prostitution or other forms that are contrary to morality or law;
links or information about websites competing with the Company’s services;
information that constitutes “spam,” “chain letters,” “pyramid schemes,” or unsolicited or deceptive commercial advertising;
information distributed by news agencies;
information with an offer to earn money on the Internet without indicating the physical address and direct contacts of the employer;
information offering franchising, multi-level and network marketing, agency activities, sales representation, or any other activity that requires the recruitment of other members, sub-agents, sub-distributors, etc.;
information of a purely advertising nature without an offer of a specific product or service; or
information that otherwise violates the laws of the country, for which the post is intended.