Anwendungsregeln (de)

The Terms of Use (hereinafter referred to as the Rules) for the iParkU mobile application (hereinafter referred to as the Application) provided by Hybryx Rus OOO (hereinafter referred to as the Company) for the Apple iOS and Android mobile operating systems define the terms of Use for this Application and establish the rights and obligations of persons who have installed the Application on their mobile devices (hereinafter referred to as "Users / Users of the Application"). The application is published in mobile app stores in full compliance with these Rules.

1. General Provisions

1.1. The rights to the Application belong to the Company. The rules are governed by the legislation of the Russian Federation. The Rules are limited to the territory of the Russian Federation.

1.2. The rules are an integral part of the License Agreement. Installing the Application on the User's mobile device is an acceptance of these Rules and confirmation of the User's consent to the terms of the Application. Access to the Application, its use and / or performing any other actions in the Application means that the Application User accepts and undertakes to comply with all the terms of these Rules.

1.3. The rules come into force for the User from the moment the Application is installed and are valid during the period of the provision of services by the Company to the User.

1.4. Applications, proposals and claims of individuals and legal entities to the Company related to the content and operation of the Application, violations of the rights and interests of third parties, the requirements of the legislation of the Russian Federation, can be sent to the e-mail address: support@thewebproduction.com .

1.6. An Internet connection is required to use the Application. The Company is not responsible for possible adverse consequences for the User caused by the inability to connect to the Internet.

2. Intellectual and property rights

2.1. Any results of intellectual activity and means of individualization placed in the Application, including design elements, projects, drawings, layouts, graphic images (including illustrations), photographic works, text, audiovisual works, computer programs that are part of the Application and are protected in in accordance with the legislation of the Russian Federation, including in accordance with international treaties with the participation of the Russian Federation. These protected objects together and separately constitute the protected content of the Application (hereinafter referred to as the "Content").

2.2 The Company is the copyright holder of the Application as a composite work, as well as the Content.

2.3. The content of the Application is provided to individuals who

● actually live in Russia or are located on the territory of the Russian Federation in accordance with the legislation of the Russian Federation;

● are the owners of the vehicle through which the services will be used, or are authorized by the owner to use the vehicle in accordance with the requirements of the legislation of the Russian Federation; and

● use the Services for personal purposes on the territory of Russia.

2.4. The Application provides the Users of the Application with access to information about the possibility to park the car in the vacated parking space, the possible exchange of information among themselves about the possibility of occupying the vacant space, as well as the need to park in a certain area, thereby providing the possibility of interaction, which is carried out by the Users independently, but with the help of functions and mechanisms provided by the Application.

2.5. Users of the Application can either provide information about the possibility to park a car in the vacated parking space, and request the corresponding information through the functions of the Application.

2.6. This Agreement covers all the currently existing (functioning) services of the Application, as well as any subsequent modifications and additional services (services) that appear in the future.

2.7. The user has the right to connect several vehicles to the user's account (account) and services, and can also disconnect vehicles from the user account and services at any time.

2.8. To gain access to the Application, as well as to acquire the status of an Application User, it is necessary to download the specified Application to a mobile device and allow access to the data of the mobile device to ensure the operation of several functions of the Application, namely:

● location / geolocation (using geodata from the device).

3. Registration in the Application

3.1. To gain access to the functions of the Application (for example, finding a parking space, paying for services, receiving information about special offers, Company promotions, etc.), you must complete the registration procedure in the Application, as a result of which a unique account will be created for the User ( account).

3.2. Registration is carried out by the Users voluntarily; no registration fee is charged. An individual who lives in the territory of the Russian Federation and has reached the age of 18 can register.

3.3. When registering in the Application, the Application User must provide the necessary reliable and up-to-date information, namely: an email address, as well as a mobile phone number, vehicle data (make, model, registration number, color of the car). When registering in the Application, the "Balance" line is automatically opened to the User to account for his money and points.

3.4. The User of the Application is responsible for the accuracy, relevance, completeness, and compliance with the legislation of the Russian Federation of the information provided during registration.

3.5. An SMS with a code to identify the entered number is sent to the mobile phone number specified by the User of the Application during registration. The user of the Application must enter the code received via SMS in the appropriate field of the Application. Such identification of the User is made once upon registration in the Application. The application does not charge a fee for receiving SMS. The User's mobile operator may charge an additional payment for SMS.

3.6. By joining the Rules, the Application User also agrees that the Company does not verify the accuracy of the information provided and does not exercise control over the User's legal capacity.

4. Request for information and parking

4.1. To apply to search for information about a vacated parking space through the Application after registering / logging into the User account:

4.1.1. determines the location and indicates the place (address) where you want to park;

4.1.2. selects the button "Find a place" and confirms the registration of the application by pressing this button;

4.1.3. after clicking the "Find a place" button, the User receives a request for payment;

4.1.4. by pressing the "Pay and Drive" button, the User confirms his intention to park in the selected vacant parking space, the funds are reserved for further payment at the end of parking;

By default, payment is made via Apple / Google pay. By clicking the "Add payment method" button, the User has the right to choose payment by bank card and add the details of the payment bank card;

4.1.5. after receiving the application, the system connects the Users of the Application to confirm the application, the date and time of receipt of the service. At the same time, the Application, tracking the geolocation of the User-Customer, starts the search for information about the vacated parking space no earlier than 20 minutes before the User-Customer approaches the place indicated by him;

After the vacant parking space is found and the User-Contractor has confirmed his intention to wait for the User-Customer, the User-Customer sees on the screen an information message containing the car number of the User-Contractor, color and name, as well as the approximate time of arrival.

4.1.6. the lack of communication between the Users of the Application indicates the impossibility of making and / or fulfilling the application through the Application;

4.1.7. The user has the right to cancel the application (including in case of its erroneous execution) by clicking the "Cancel" button. Free cancellation of the application is carried out within 5 minutes from the moment of its erroneous execution.

4.1.8. upon arrival at the parking place and after the User has successfully parked the car at the place proposed and provided by the User-Contractor, the User-Customer clicks the "End parking" button. At the moment, the service is considered to be provided and the reserved funds are debited from the account of the User-Customer to the account of the User-Contractor.

4.1.9. at the end of parking, the Customer-User on the screen in the Application sees the message “Congratulations! You were parked! " and can assess the quality of the Application.

4.2. If the User-Contractor who provided information about the vacated parking space for any reason cancels the application or leaves the designated place, the Application automatically starts a new search and offers the vacant parking space closest to the search location.

4.3. In the event that a new place is not found, as well as in the event that the User-Customer cannot park his car due to the fault of the User-Contractor, the reserved funds are returned to the account of the User-Customer within three days.

5. Providing information and the ability to park

5.1. To provide information about the possibility to park and provide a vacated parking space through the Application after registering / logging into the User's account:

5.1.1. determines the location by hovering a point on the map;

5.1.2. clicks the "Suggest a seat" button and confirms the application by clicking this button, as well as by clicking the button "I confirm, my car is here";

5.1.3. after pressing the button “I confirm, my car is here”, the User sees the message on the screen: “We are waiting for a request for parking”;

5.1.4. when a request for parking appears - the user can accept the request;

If the User for some reason does not accept the parking request, he cancels it and the system starts waiting for the parking request again;

5.1.5. after accepting the application, the system connects the Users of the Application to confirm the application. The User-Contractor through the Application sees after what time the User-Customer will arrive at the place;

5.1.6. lack of communication with the User of the Application indicates the impossibility of making and / or fulfilling the application through the Application;

5.1.7. The user has the right to cancel the application (including in the case of its erroneous execution) by clicking the "Cancel" button;

5.1.8. after successful parking by the Customer-User at the proposed and provided place, funds for the service provided appear on the Contractor User's balance. The User-Executor on his screen in the Application sees a confirmation: “Hurray! You have received 150 rubles from the Customer-User "and can evaluate the quality of the Application.

6. Payment for services within the Application

6.1. The Company provides the User with the opportunity to pay for the Services using the Application, for which it concludes appropriate agreements with third parties who have the appropriate permissions and licenses and provide money transfer services, incl. electronic money, by bank transfer (hereinafter referred to as the Paying Agent)

6.2. For providing information about the possibility to park and about the vacated parking space, as well as for waiting for the Customer-User to assign him the corresponding space, the Application User (Contractor), who provided another User with the opportunity to park the car in the corresponding vacant space, receives a reward. The remuneration of the User-Contractor minus the Company's commission is 150 (one hundred and fifty) Russian rubles. Funds are reflected in the User's balance in his account within the Application.

6.3. Payments between Users are carried out within the Application, by debiting funds from the account of the User-Customer and transferring funds to the account of the User-Contractor. The service is considered to be provided at the moment when the User-Customer has parked the car in the place provided to him by the User-Executor.

6.4. The cost of the service for providing information within the Application about the vacated parking space and the readiness of the User-Contractor to wait for the User-Customer to provide an appropriate parking space is 200 (two hundred) Russian rubles.

The application provides the following payment methods:

● Apple Pay;

● Google Pay;

● Bank card

● Internal (virtual) account of the application;

● Bonus parkings.

6.5. The Application User's funds accounted for on the account opened for him in the Application can be used to pay for future parking slots, or debited from the account to the User's bank card. There are no withdrawal limits, except for withholding personal income tax (where applicable) and the funds required to pay the commission charged by the bank / payment system.

6.6. In the event that the User of the Application pays for services using a bank card, the Company acts on behalf of the User with the involvement of an authorized operator for receiving payments, or an operator of electronic money, or other participants in settlements, information technology interaction, and is the recipient of the payment as an agent of the User of the Application ( hereinafter - "cashless payment").

6.7. A cashier's receipt for non-cash payment is sent to a confirmed mobile phone number or to the email address specified during registration in the Application.

6.8. The application does not have access to the specified bank card data and is not responsible for the safety and confidentiality of the transmitted data when making non-cash payments. Non-cash payment is carried out by the User of the Application with the participation of an authorized operator for accepting payments or an operator of electronic money, or other participants in settlements, information technology interaction, and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other settlement participants ...

6.9. The Company, at its discretion, may award gifts in the form of bonuses to active Users of the Application, which can be calculated when using the Application.

7. Withdrawing funds from the account in the Application to a bank card / account

7.1. To withdraw funds from the iParkU Application balance to a bank card, the User must have any banking product issued in his own name.

For users, individuals and self-employed, funds are transferred to a personalized plastic card of a financial and credit institution, the details of which the User provides.

For users - individual entrepreneurs and legal entities, funds are transferred to a current account opened with a Russian financial and credit institution, the details of which the User provides.

7.2. Through the Application, the User submits an application for the withdrawal of funds according to the following algorithm:

7.2.1. You need to go to the "Balance" section in the Application and then click the "Withdraw funds" button

7.2.2. Next, the User chooses his status (individual, self-employed, individual entrepreneur, legal entity) and fills in all the required fields and indicates his data: TIN, card data, including the holder's full name, passport data.

At the same time, it is extremely important for the User to indicate his correct TIN.

If you do not know or have forgotten your TIN, you can find it on the FTS website: https://service.nalog.ru/inn.do

7.2.3. Next, the User specifies the amount that he intends to withdraw to a bank card. In this case, an amount of at least 1,000 Rubles can be withdrawn ;

7.2.4. Then you need to make a confirmation and click the "Get money" button.

When withdrawing funds to an individual who is not self-employed or an individual entrepreneur, the Company withholds personal income tax, thus the User receives money on the bank card minus such withholding, as well as minus commissions, fees and other payments that may be charged by payment agents for their actions ...

7.3. Funds are credited to the User from one to three banking days, but a longer period is possible due to holidays or weekends.

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7.4. The User accepts and agrees that when transferring funds with the help of the Paying Agents, the latter may charge commissions, fees and other payments for the actions performed, which he undertakes to pay.

7.5. Payment for the Services occurs using the User's payment data specified by him during the registration process.

The User understands and agrees that the Company does not verify the User's payment information and is not responsible for any losses, fees and / or other expenses that may arise as a result of an error on the part of the User when using the Application.
7.6. The User accepts and agrees that he must notify the Company about any errors in the made payments or calculations, as well as in the data specified by him within 3 (three) business days after each payment, or change the data on his own in his profile in the Application.
7.7. User's payment data, incl. bank card data are transmitted to the Payment (s) agents (s) only in encrypted form and are not stored on the Company's web servers. All transactions with the User's funds are carried out in accordance with the requirements of the Paying Agents. When transferring information, special security technologies are used for online payments; data processing is carried out on a secure high-tech server of the processing company.

8. User's use of his account

8.1. The User is solely responsible for the compliance of the content of the information posted by the User with the requirements of current legislation, including liability to third parties in cases where the User's posting of this or that information or the content of information violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties, and / or infringes on their intangible benefits.

8.2. The User acknowledges and agrees that the Company is not obliged to view information of any kind posted and / or distributed by the User through the Application, in addition, the administrator of the Company has the right (but not the obligation), at his discretion, to refuse the User to post and / or distribute information to them. or delete any information that is available through the services of the Application. The user understands and agrees that he must independently assess all the risks associated with the use of the account, including the assessment of the reliability, completeness or usefulness of this content.

8.3. By installing the Applications, the User agrees that the Company has the right to unilaterally block the User's account for publishing obscene information.

8.4. The User, by storing his phone number or e-mail address in the Application, acknowledges and agrees that the representatives of the Company have the right to contact the User using this contact information.

9. Termination of registration

9.1. The Company has the right to block or delete the User's account, as well as prohibit access to certain services of the Program using any account in case of violation by the User of these Rules, and either in the event of providing false information about the possibility to park and about vacated parking spaces, or in the case of providing a false request for information on vacating seats. In this case, the Company notifies the relevant User of the violation of the rules by sending a warning to the e-mail specified by the User and / or SMS to the phone. After sending a warning, the Company has the right to block the User's account without restricting the User's right to write off funds from the account opened in the Application to his bank account;

9.2. The user has the right at any time to delete his account on all services of the Application or to terminate it in relation to some of them, using the corresponding function in the personal section. The Company is not responsible for the content of the account lost as a result of the User's actions.

9.3. The user is solely responsible for logging in via a phone number. The User is solely responsible for all actions (as well as their consequences) within or using the services of the Application under the User's account, including cases of voluntary transfer by the User of data for access to the User's account to third parties on any terms (including under contracts or agreements ).

10. Terms of use of the Application

10.1. The user is solely responsible to third parties for his actions related to the use of the Application, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the legislation of the Russian Federation when using the Application.

10.2. When using the Application, the User is not entitled to:

10.2.1. upload, send, transmit or in any other way post and / or distribute content that is illegal, malicious, defamatory, offending morality, demonstrates (or is propaganda) of violence and cruelty, violates intellectual property rights, promotes hatred and / or discrimination against people racial, ethnic, gender, religious, social characteristics, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child eroticism, represents advertising (or is propaganda) of sexual services (including under type of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;

10.2.2. violate the rights of third parties, including minors and / or harm them in any form;

10.2.3. impersonate another person or representative of an organization and / or community without sufficient rights, including Company employees, forum moderators, site owner, as well as use any other forms and methods of illegal representation of others on the network, as well as mislead Users or the Company regarding the properties and characteristics of any subjects or objects;

10.2.4. upload, send, transmit or in any other way post and / or distribute content, in the absence of rights to such actions under the law or any contractual relationship;

10.2.5. upload, send, transmit or in any other way place and / or distribute advertising information that is not permitted in a special way, spam (including search), lists of other people's email addresses, pyramid schemes, multilevel (network) marketing (MLM), systems Internet earnings and e-mail-businesses, "letters of happiness", as well as use the Application to participate in these events, or use the Application exclusively to redirect Users to pages of other domains;

10.2.6. upload, send, transmit or in any other way post and / or distribute any materials containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs; for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means in order to obtain unauthorized access to paid resources on the Internet, as well as to post links to the above information;

10.2.7. unauthorized collection and storage of personal data of other persons;

10.2.8. post links to network resources, the content of which is contrary to the current legislation of the Russian Federation;

10.2.9. facilitate actions aimed at violating the restrictions and prohibitions imposed by the Agreement;

10.2.10. otherwise violate the norms of the law, including the norms of international law.

11. Rights and obligations of the Application Users

11.1. The Application User has the right to:

● lodge complaints with the Company in relation to the Content posted in the Application, the functioning of the Application;

● subscribe to the Company's news in the Appendix.

11.2. When using the capabilities of the Application, the User of the Application must:

● be the owner of the Vehicle, or a person to whom the owner of the Vehicle has granted access to use the Vehicle;

● provide reliable and up-to-date data when registering in the Company's Application, as well as monitor their timely update;

● compensate for losses incurred by the Company by the Users of the Application, or by third parties as a result of violation of the Rules or the legislation of the Russian Federation;

● comply with the Rules, as well as the legislation of the Russian Federation, when using the Application, familiarize yourself with all information of a legal nature posted on the Company's Website ( https://iparku.info/eng ) or information available on it in the Application through links;

● regularly check the Company's announcements regarding amendments to the Rules;

● in case of disagreement with the Rules, as well as changes to it announced by the Company, stop using the Application;

● take appropriate measures to ensure the safety of his mobile device and is personally responsible for the safety of Personal Data in the event of access to his mobile device by third parties;

● unless the User proves otherwise, any actions performed using his mobile device are considered to have been committed by the relevant User;

● demand a refund if the service was not actually provided;

● keep securely all access data and passwords required to use the services, do not disclose them to third parties and prevent their misuse.

● The user who has transmitted information about a free parking space through the Application and received a reward for this service within the Application must:

release and not interfere with the use of the parking space by another User;
do not leave the occupied parking space until the new User is technically able to occupy it.

12. User Support: Customer Service

12.1. For all questions arising during the use of the Application, the User can contact the support service by phone: + 7-926-160-53-12

12.2. When contacting the support service, the User is obliged to provide the operator with information about his car number and phone number for identification purposes.

12.3. In the support service, the User can receive instructions for various situations, including such as:

a) "I paid, but there were a lot of empty seats, and I got up for another"

b) “I’m waiting for the car to come to my place, but it’s still not there, and I urgently need to leave. How long must I wait?"

c) I cannot park in the place that is being given to me. This contradicts the traffic rules / the car does not fit / there is a repair in progress / etc. I refuse to park. "

12.4 If the User has claims against another User, the User is obliged to present these requirements to the proper person (User-customer / User-Executor) and resolve the claims independently and without the participation of the Company.

13. Final Provisions

13.1. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation.

13.2. These Rules can be changed and / or supplemented by the Company at any time during the term of the Agreement at its discretion without the need to obtain the consent of the User. All changes and / or additions are posted by the Company in the relevant section of the Application and come into force on the day of such placement. Users of the Application undertake to timely and independently familiarize themselves with all changes and / or additions.