User Agreement

1. Definition

1.1. User or You is an individual, company and its representatives who access the Site and/or use the Services.

1.2. An individual is a person who has civil legal capacity and full civil capacity, who is not a business entity and who uses the Site and/or Services for personal needs and exclusively in his/her own name.

1.3. Company - a commercial entity ("business entity"), includes the concepts of both a legal entity and an individual entrepreneur carrying out commercial (economic) activities using the Site and/or Services.

1.4. Site — “Transport Information Server samo-trans.com”, an information resource available on the Internet using the domain name samo-trans.com (including also using other domain names that point to samo-trans.com).

1.5. Samo-Trans or We is a limited liability company “ADAMANTINVEST”, a legal entity registered and operating under the laws of Ukraine, EDRPOU code 42049682.

1.6. Service/Services — information services provided to the User (Company) through the Site and/or in another way (in particular, but not exclusively, by e-mail) with the legitimate use of the trademarks “Lardi-Trans”, “Samo-Trans” and/or other similar (derivative) designations, as well as the relevant functional sections of the Site and methods of providing services.

2. General provisions

2.1. This User Agreement (hereinafter referred to as the “Agreement”) regulates the relations between You, as well as the Company, whose representative You are, on the one hand, and Samo-Trans, on the other hand, arising from the operation of the Site and/or the provision of the Services. In particular, but not exclusively, this Agreement establishes the User’s rights to use the Site and/or the Services. 2.1.1. With the help of the Site, we provide an online platform through which Users, within the framework of their professional activities, can advertise, promote on the market, sell and/or offer their services for ordering, purchasing, reserving transport and/or (freight forwarding) services, and other Users of the Site can find such services, compare, order, purchase or pay for them. By using the Site and services, you can enter into direct (legally binding) contractual relationships with the service provider from whom you reserve or purchase a service. Samo-Trans acts solely as an intermediary between you and other Users of the Site, providing them with the opportunity to view relevant data on the terms of the provision of services by you or services that interest you. Samo-Trans does not (re)sell or sell any products or services. 2.1.2. When providing our Services, the information posted is based on the information provided to us by the Users of the Site. Users who post and promote their transportation and/or freight forwarding services are fully responsible for updating information on prices, rates, fees, availability of free transport, cargo, rules, conditions and other data displayed on our Site. Although we do our best to ensure the quality of our Service, we do not check the reliability and cannot guarantee the accuracy or completeness of all information, and we are not responsible for any errors (including obvious errors and typographical errors), failures (whether due to (temporary and/or partial) breakdowns, repairs, improvements or maintenance of our Site or for other reasons), inaccurate, unreliable or erroneous information or failure to provide information. Each User is responsible for the accuracy, completeness and correctness of the (descriptive) information provided to them (including tariffs, fees, prices, rules, conditions and availability of free transport, cargo) displayed on the Site. Our Site is not and should not be considered a guarantee of the quality of services provided by Users, the level of service, etc., unless otherwise expressly stated.

2.2. This Agreement (including the Terms and Conditions of Use of individual Services that are part of the Agreement), in terms of the application of relevant provisions to free/unregistered access, applies to both registered and unregistered Users of the Site.

2.3. Each representative, unless there is sufficient reason to believe otherwise, is considered to be a duly authorized representative of the relevant Company, and unless expressly stated otherwise, it is also understood that the provisions of the User Agreement apply to that Company in full.

2.4. This Agreement becomes available to the User upon logging into the Site. Use of the Site, any Services and/or registration of an account signifies confirmation of the User's agreement with all the terms of this Agreement and their unconditional acceptance.

2.5. Samo-Trans reserves the right, at its sole discretion, to change the Agreement at any time without prior and/or subsequent notice to the User. The current version of the Agreement is always available at https://samo-trans.com/ugoda-korystuvacha/. The User's continued use of the Site and/or Services after any changes to the Agreement constitutes the User's unconditional consent to such changes.

3. Limited Liability Samo-Trans

3.1. Access to the Site and Services is provided in the form in which Samo-Trans deems it appropriate and convenient for the implementation of the tasks facing the Site and/or Services, and Samo-Trans does not guarantee that the Site and/or Services will meet the expectations and/or goals of the User.

3.2. The User understands and agrees that Samo-Trans has the right, at its own discretion and without special notice to the User, to change the set of Services available to him and/or the functionality of the Site.

3.3. An individual, not a business entity, as a User of the Site and its Services, understands and agrees that, given his legal status, his access to the Services and/or the functionality of the Site, due to their irrelevance to the User, has a number of restrictions. An individual may have no more than 10 active (posted and searchable) cargo requests; at the same time, he may create no more than 50 cargo requests per day; he may not use CSV and API to post cargo and transport requests. An individual is also limited in posting reviews, adding contacts, a brand, a logo, etc. Samo-Trans has the right to change the list of restrictions at its discretion and without special notice to such User.

3.4. The User understands and agrees that Samo-Trans does not guarantee 100% error-free and uninterrupted operation of the Site and/or Services and is not responsible for any possible damage caused to the User and/or third parties by technical failures of hardware and/or software on any side.

3.5. The User understands and agrees that Samo-Trans does not guarantee the reliability of information (including, but not limited to, applications for cargo offered for transportation and/or the availability of free freight transport) posted on the Site by third parties, and is not responsible for any possible damage caused to the User and/or third parties as a result of using the Site/Services.

3.6. The User understands and agrees that Samo-Trans is not responsible for the accuracy of advertising information posted on the Site and for the quality of advertised goods/services.

3.7. Samo-Trans reserves the right at any time, at its sole discretion, to suspend, restrict or terminate the User's access to the Site or to individual Services, in particular, but not exclusively, in the event of a violation by the User of this Agreement and/or applicable law. In this case, in the event of violations due to the fault of the User, Samo-Trans is not obliged to refund the funds paid for access to the Services and/or compensate for damages.

3.8. All relationships that arise between Users of the Site and/or Services are limited to the circle of such users. Samo-Trans does not bear financial or other obligations for obligations that arise between Users.

3.9. Neither Samo-Trans nor any of our officers, directors, employees, representatives, subsidiaries, affiliates, distributors, agents and other persons involved in the creation, promotion and any other activities aimed at supporting the Site and/or Services and its information content shall be liable under the law for:

any punitive damages, direct, indirect and consequential damages and losses, any loss of production, lost profits, loss of income, failure to conclude a contract, loss or damage to business reputation and failure to satisfy a claim for compensation for damages;

inaccuracy regarding (descriptive) information (including, but not limited to, conditions, prices, availability of free transport, cargo, etc.) presented by the User on the Site;

any (direct, indirect, consequential or punitive) losses, damages or expenses incurred, accepted or paid by you and arising in connection with or as a result of the use, inability to use or interruption of the Site and/or Services;

(personal) injury, death, property damage or other (direct, indirect, consequential or punitive) losses, damages or expenses incurred, accepted or paid by you as a result of (legal) acts, errors, violations, negligence, intentional wrongful acts, omissions, defaults, misinterpretations, offenses of Users whose products or services are (directly or indirectly) available, offered or promoted on or through the Site, including any (partial) cancellation, strike, force majeure or any other events beyond our control.

3.10. By uploading photos/images to our system (for example, as an attachment to a review), you confirm, warrant and agree that you are the owner of the copyright to these photos/images and give your consent to the use of uploaded photos/images by Samo-Trans on the Site, in publications (posted online and offline), as well as in any other way at the discretion of Samo-Trans. You grant Samo-Trans a non-exclusive, worldwide, irrevocable, unconditional and perpetual right and permission to use, reproduce, display, copy, distribute, license, transmit and post photos/images in any way at the discretion of Samo-Trans. Samo-Trans does not own the rights to uploaded photos/images and does not endorse them in any way. Responsibility for the accuracy of the information, validity and right to use all photos/images is assumed by the person who uploaded the photo/image. Samo-Trans does not pre-moderate or otherwise pre-screen photos/images uploaded by Users and bears no responsibility or liability for the photos posted. The person who uploaded the photo guarantees that the photos/images do not contain viruses, Trojan horses or files infected with viruses, and do not contain any pornographic, illegal, obscene, offensive, objectionable or inappropriate material and do not violate the rights of third parties (intellectual property rights, copyrights or privacy rights). Any photos/images that do not meet the above criteria will not be published and/or may be deleted by Samo-Trans at any time and without prior notice.

4. Account

4.1. By performing account registration actions, the User guarantees that he/she is of sufficient legal capacity, fully capable of acting and/or, where applicable, authorized by the Company.

4.2. The user undertakes to provide accurate information in the registration data:

about the Company, in particular: name, legal and postal addresses, registration (identification, tax) codes (numbers), telephone number, e-mail address, website address if available, other contact details, as well as data on the conduct of business activities: data on the presence of an individual entrepreneur in the process of termination of business activities and data on the presence of a legal entity in the process of termination;

about an individual, not a business entity, in particular: surname, first name, patronymic, identification code, registration address, contact telephone numbers;

and constantly keep the information provided up to date.

4.3. The User is responsible and independently takes measures to secure his account on the Site (including control over the login-password combination, e-mail address, etc.). The User is fully responsible for all actions taken using the User's account. The User undertakes to immediately notify Samo-Trans of any cases of unauthorized use of the User's account by third parties. The User undertakes not to use information in the registration data that may be misleading, in particular, but not exclusively: designations that reproduce trademarks and/or commercial names of third parties or are similar to them to the point of confusion; data that duplicates the data of any other account.

4.4. The User undertakes not to register and use more than one account at the same time.

4.5. The Company undertakes to use the account exclusively to meet the needs of the Company directly related to the transportation of goods.

4.6. An individual, not a business entity, undertakes to use the account exclusively to meet personal needs, in particular, but not exclusively, related to the transportation of goods.

4.7. Samo-Trans reserves the right to request, both at its own discretion and within the framework of the verification (certification) system, confirmation of the data provided by the User, and to make decisions regarding the validity of the User's account based on the results of such requests.

4.8. Samo-Trans reserves the right to block and/or cancel (delete) the registration of the User's account, in particular, but not exclusively, in the following cases:

violation of the terms of registration and/or account use set forth in this section;

violation of the rules for posting (posting) and/or other use of information;

successful or unsuccessful attempts to bypass technical means of information protection used by Samo-Trans when providing the Services, various types of attacks directed against the Site, in particular, but not exclusively, with the intentional use of possible errors in the Site's scripts.

4.9. Samo-Trans reserves the right to keep a history of changes by the User to any registration data for the account, with the same level of access to the history of changes as to the data itself. Any data stored in the history of changes to the account are recognized as acceptable and applicable for establishing any circumstances related to the account and, moreover, in controversial and/or doubtful cases, subject to additional documentary confirmation by the User of the good faith of the data changes and use of the account before and after such changes - referring to the time of relevance of such registration data.

4.10. Samo-Trans reserves the right to store in its databases all information, data and information that was received from users, posted by users themselves or obtained from other official sources. Samo-Trans ensures the confidentiality of the specified information, data and information and their storage in accordance with the provisions of the Privacy Policy, the requirements of national legislation and the provisions of international regulatory legal documents.

4.11. Removal of information from Samo-Trans databases is carried out in accordance with the Privacy Policy, the requirements of national legislation and the provisions of international regulatory legal documents.

4.12. All disputes arising in connection with the Site and/or Services and to which Samo-Trans is a party must be resolved through negotiations. If it is impossible to reach an agreement through negotiations, the dispute shall be referred to a competent court, in accordance with the requirements of the current legislation of Ukraine. Applicable law: substantive and procedural law of Ukraine.

5. Personal data and privacy

5.1. The User - an individual who is not a business entity, hereby grants Samo-Trans consent (permission) to process personal data in accordance with the Privacy Policy. The specified permission may be revoked at any time by contacting the Lardi Trans administration of such an individual, provided that his/her identity is irrefutably confirmed. In the event of revocation of the permission to process, the personal data of such an individual are stored in Samo-Trans databases and are inaccessible to any third parties, except for cases provided for by national legislation and provisions of international regulatory legal documents. The deletion of information from Samo-Trans databases is carried out in accordance with Privacy policies, requirements of national legislation and provisions of international regulatory documents.

5.2. When posting on the Site, the User (for Companies) any information containing personal data of third parties. The User (for Companies) guarantees that each such action does not violate the rights of third parties established by law and/or contract, and in particular guarantees that each such action is subject to the consent of the subject of the relevant personal data, secured by the User's (Company's) responsibility.

5.3. The User is solely responsible for the correctness of the selection, where applicable, of individual privacy/publicity settings for the information posted when using the User's account within the Services, in particular, but not exclusively, for the Document (Image) Storage Service. This provision applies equally to the protection of personal data and the protection of trade secrets and/or other confidential information.

5.4. When using the Lardy-Trans Site and Services, it is prohibited to post personal data of an individual regarding racial or ethnic origin, political views, religious and other philosophical beliefs, membership in trade union organizations, as well as information regarding biometric data, health data, personal and sexual life. In case of detection of such information, it will be deleted by the administration without any additional notifications.

5.5. Samo-Trans is not responsible for any consequences of the use of personal data of an individual who is not a business entity by other Users if such data was independently posted by this individual in violation of the requirements of this User Agreement and other Rules and Conditions of Use of the Site and individual Samo-Trans Services or became known to third parties due to the user's failure to comply with the User Agreement and Privacy Policy.

5.6. To comply with the requirements of national legislation and the provisions of international regulatory legal acts, Samo-Trans has appointed an authorized person for data protection issues, who can be contacted through the "Contacts" page or through the Samo-Trans administration.

6. Use of information by the User

6.1. Regardless of the communication channels used with other Users and/or Samo-Trans, the User undertakes to adhere to generally accepted standards of courtesy.

6.2. The User undertakes not to use, without the special permission of Samo-Trans, the Site and/or Services to communicate any type of advertising information and/or to mass communicate any information that does not correspond to the topic of the Site (Services).

6.3. The User undertakes not to commit any dishonest actions directed against other Users and/or Samo-Trans, in particular, but not exclusively, communication using the Site/Services of any information indicating, without sufficient authority, the registration, personal or contact details of other persons, as well as any other communication of information that may be misleading as to the true identity of an individual or reliable data about the company, agency relationships between Users and/or the intentions of users. The User understands that such actions may also be qualified as fraud and thus be criminally punishable.

6.4. Individuals who are not business entities have the right to export their personal data if they need a copy of this data or they plan to use this information on third-party services. The export of personal data of an individual who is not a business entity is carried out by the Samo-Trans administration on the basis of an application from such an individual, subject to unconditional confirmation of his or her identity.

6.5. Samo-Trans is the owner of exclusive intellectual property rights to the compilation of data (databases), access to which is provided to the User within the Services, in particular, but not exclusively, compilations of data on applications, on cargo offered for transportation, and/or on the availability of free cargo transport. The User is granted a non-exclusive right to use the above-mentioned results of intellectual activity, the rights to which belong to Samo-Trans, exclusively to meet its needs directly related to the transportation of cargo. All rights to use (methods of use) of data compilations, not specified directly in this Agreement as granted to the User, are considered not granted to the User and are retained by Samo-Trans. In particular, but not exclusively, the User is not entitled to reproduce and/or distribute Samo-Trans intellectual property objects in any ways not expressly stipulated in this Agreement.

7. Intellectual property rights

7.1. Unless otherwise agreed, all software necessary to provide our Services and/or used on our Site, and intellectual property rights (including copyright and related rights) in the content, information and materials posted on the Site, belong to Samo-Trans.

7.2. Samo-Trans reserves the exclusive right to own, use and dispose of (all intellectual property rights) (design style (including functionality)) the Site on which the Services (including reviews) are offered and you are not entitled to copy, automatically or programmatically read/collect/analyze data, create (hyper-/external) links, publish, promote, market, integrate, use, combine or otherwise exploit the content (including any translations thereof and User reviews) or our brand and trademarks without our express written permission. In the event that you (in whole or in part) use or combine our (translated) content (including User reviews) or otherwise own intellectual property rights in any (translated) content or User reviews, you hereby transfer and assign all intellectual property rights of such kind to Samo-Trans. Any unlawful use or commission of any of the above acts will constitute a material infringement of our intellectual property rights (including copyright and related rights and database producer rights).

7.3. Samo-Trans is the owner of exclusive intellectual property rights to data compilations (databases), access to which is provided to the User within the Services, in particular, but not exclusively, compilations of data on applications, on cargo offered for transportation, and/or on the availability of free cargo transport. The User is granted a non-exclusive right to use the above-mentioned results of intellectual activity, the rights to which belong to Samo-Trans, exclusively to meet its needs directly related to the transportation of cargo. All rights to use (methods of use) of data compilations that are not specified directly in this Agreement as granted to the User are considered not granted to the User and are retained by Samo-Trans. In particular, but not exclusively: The User does not have the right to reproduce and/or distribute Samo-Trans intellectual property objects in any ways not expressly stipulated in this Agreement.

8. Composition and validity of the User Agreement

8.1. To avoid misunderstandings, the rules set out above are general and apply to all Services/sections of the Site, in particular, but not exclusively: posting applications for cargo offered for transportation and/or for the availability of free freight transport, posting reviews in the “Reliability Zone”, Automarket, Forum.

8.2. The documents listed below and/or accompanying instructions for the functionality on the relevant pages of the Site establish special rules for using individual Services and are an integral part of this Agreement:

a. Privacy Policy

9. Contact with Samo-Trans

9.1. Information on how to contact Us is available on the “Contact Us” page. You can also use the separate “Contact Support” web form or Support Chat.

9.2. If you discover phenomena that are suspected to be malfunctions or other phenomena that differ from the usual operation of the Site and/or Services, We also recommend checking the “Site News” section.

9.3. You understand and agree that in your and Our interests, as well as those of all other bona fide parties who may be involved in various matters, We have the right to record telephone conversations with the support service.

Last updated: 2024-07-01