This Agreement is a public Contract for the sale and purchase, pursuant to the clause 633 of Civil Code of Ukraine. LLC “LIVAYN TORG”, USREOU code 41449359, offers all legally capable individuals, legal entities, sole proprietors (hereinafter referred to as the Buyer, the User) to buy the Goods via mobile application and/or website of the Seller.
Pursuant to the clause 642 of Civil Code of Ukraine, the complete and unconditional acceptance of this agreement (acceptance) is the moment of registration or the fact of the Goods’ purchase via Mobile application or Website.
The User agreement (hereinafter referred to as the Agreement) determines the rules for the use of Mobile application, website of the Seller and terms and conditions of public Contract for the sale and purchase of the Goods.
Read carefully this Agreement. If you use the Mobile application and/or website of the Seller, place the orders, you assume obligations, prescribed by this Agreement. If you do not agree with the Agreement or any its part, you must stop using the Mobile application and/or website of the Seller.
- Terms and definitions
All terms with a capital letter are used in the following meaning:
1.1 Mobile application: mobile application “ENERGY!”, installed on your mobile device.
1.3 Contract. Contract for the sale and purchase of the Goods, entered into over a distance between the Buyer and the Seller, the terms and conditions of which are determined by this Agreement.
1.4 You: the User or the Buyer, as the context requires:
1.4.1 The User: Web-site visitor and/or Mobile application user.
1.4.2 The Buyer: the User, which places the order on Mobile application and/or Web-site for the purchase of the Goods.
1.5 The Seller, the Company, we, us, our, to us: Limited Liability Company “LIVAYN TORG” (USREOU code 41449359), registered and acting pursuant to the legislation of Ukraine having its registered office at the address: 47, Mandrykivska Str., office 503, town of Dnipro, Dnipropetrovsk region, 49094.
1.6 The Goods: petrochemicals, the quality of which correspond to the technical specifications (TS) and national standards as in effect in the territory of Ukraine from among the available range, provided by the Seller for the sale.
1.7 Fuel card:
1.7.1 Physical plastic card – plastic card as the means for confirmation of the right of the Buyer or authorized (designated) person of the Buyer for obtainment of fuel (of certain name and in a certain amount) through the use of the Terminal or Mobile application at fuel filling stations of the Seller, specified on the Web-site.
1.7.2 Virtual fuel card is a virtual personal account of the Buyer according to the types of the fuel, where the prepaid fuel volume in liters is accounted, which enables to obtain fuel through the use of the Terminal or Mobile application at fuel filling stations of the Seller, specified on the Web-site.
Fuel is accounted at Fuel card in liters. Fuel card is not the instrument of payment.
1.8 Agreement: terms and conditions of use of the Mobile application and/or Web-site and terms and conditions of the Contract for sale and purchase of the Goods.
1.9 Confidentiality policy – Confidentiality policy, developed for LLC “LIVAYN TORG” is the integral part of the User agreement, entered into by means of mobile application and/or other services of application program interface of the Company, which enable the Users to register in application and to obtain our services.
1.10 Personal data – any personal information, which enables the third party to identify the individual (data subject).
1.11 Personal data subject (user) is an individual, whom the personal data are related to and who can be identified or who has been already identified according to these personal data.
1.12 Personal data owner is an individual or legal entity, which determines the objectives and means for processing of personal data and is ultimately responsible for their processing.
1.13 Processing of personal data is any operation or a set of operations, which are carried out with personal data or personal data assets with the use or without the use of any automated procedures, such as collection, recording, systematization, structuring, storage, change, sorting, review, use, dissemination or any other type of access granting to any third parties, including the employees of the controller or processor of personal data, as well as deletion.
- General provisions
2.1 This Agreement determines the uniform conditions as in effect with regard to the use of Mobile application and/or Web-site of the Company.
2.2 The Agreement can be amended, so we advise you to check for its applicability, whereas the Agreement as in effect at the time of your use of Mobile application and/or Web-site or placement of the order is applied.
2.3 When you use the Mobile application and/or Web-site, you agree with the following provisions:
- You have a right to use the Mobile application and/or Web-site only with a purpose of placement of legal inquiries or orders.
- You do not have a right to place speculative, untruthful orders or orders with a purpose of fraud. If we have any reasons to consider that you placed such order, we are entitled to cancel such order and to inform the relevant public authorities and/or not to fulfill obligations of the Seller.
- When you place an order, you guarantee that you are legally capable and you are not under age. If you are under age (under the age of 18 years), you guarantee that you use Mobile application and/or Web-site subject to the consent of your parents or guardian.
- You agree not to copy, reproduce, create, republish, download, print, publish, republish, broadcast, record, transfer or disseminate by any other means any materials of Mobile application and/or Web-site, except for your personal use exceptionally, without the written consent of the Seller.
- You do not have a right to change or to disseminate any amendments of the content of Mobile application and/or Web-site, including but not limited to withdrawal of logotypes and trademarks of the Company.
- You agree not to cause damage, infringe or affect the safety of any part of Mobile application and/or Web-site, its content or any of its related network or software.
The Seller is entitled to deny and/or block access for the Buyer to Mobile application and/or Web-site, virtual and/or physical (plastic) Fuel card, if the Buyer infringes the terms and conditions of this Agreement.
2.4 Also you have to provide us with correct data and agree that we are entitled to use such date for your identification as the User or the Buyer, as well as for contacting you, if required.
2.5 If you provided incomplete or incorrect, untruthful information, the Company is not liable for fulfillment of its obligations.
- Terms and conditions of use
3.1 The User can read and understand the terms and conditions of use (the Manual) of Mobile application “ENERGY!” at https://avias.ua/dokumenti-ta-instrukcii/en_terms_of_use/ and https://avias.ua/dokumenti-ta-instrukcii/en_instruction_app/.
- Subject of the Contract
4.1 Under the Contract the Seller is obliged to transfer to the ownership of the Buyer the Goods (petrochemicals), determined in the order of the Buyer, placed by means of the Mobile application and/or Web-site, with the use of virtual and/or physical (plastic) Fuel card, where it is accounted, and the Buyer is obliged to pay and to accept the Goods, pursuant to the terms and conditions of this Contract.
4.2 The Buyer selects the Goods, placed in the Mobile application and/or Web-site, independently and at its own discretion: type, quantity of petrochemicals, address of the fuel filling station, filling station dispenser.
4.3. The Buyer confirms its order by carrying out of payment for the Goods. Before confirmation of the order, please have a look at all specifications of the Goods, stated in the order, and also read and understand this Agreement.
4.4 The Contract is considered to be entered into, and the offer of the Seller with regard to its entering into is considered to be completely accepted by the Buyer after confirmation of the order by the Buyer.
- Price and transfer of the Goods
5.1 Price of the Goods is specified in Mobile application and/or Web-site for the moment of placement of the order and is valid only on the date of payment for the Goods with the use of virtual and/or physical (plastic) Fuel card, or upon fill-up via the Mobile application. The Seller is entitled to change (set) the price for the Goods on a unilateral basis. The prices, specified in section “Cards” of the Mobile application are informative ones.
5.2 Payment for the Goods is carried out by the Buyer in national currency of Ukraine in a non-cash form by transfer of the funds to the account of the Seller. Date of payment is considered to be the date of crediting of funds to the account of the Seller. The Seller is released from its obligations with regard to the Goods, payment for which was carried out to other payment details.
5.3 The Buyer enters into a purchase order individually and pays (full prepayment) in non-cash form to the settlement account of the Seller. Upon payment by payment card the Buyer confirms that it is the owner of payment card.
5.4 Physical transfer of the Goods to the Buyer is carried out via the fuel filling stations, specified on the Map section of the Mobile Application, by motor vehicle fueling. The quantity of the Goods, sold at the fuel filling stations, is spent by the Buyer individually, within the limits of prepaid quantity. The tile shall pass to the Buyer after transfer of the Goods at the fuel filling station.
6.1 The Buyer is absolutely liable for maintenance of the procedure and adherence to the terms and conditions of use of the mobile application, personal area of web-site, fuel card, for reliability of all data, which are entered by it in mobile application and in personal area of web-site (including, but not limited to: fuel filling station, number of filling station dispenser, quantity of liters and other), for carrying out of transactions (payments). Liability for actions of any third parties, which did not gain access to: physical and/or virtual Fuel card, Mobile application, personal area of Web-site is incurred exceptionally by the Buyer.
6.2 The Seller is liable with regard to the Goods, bought via the Mobile application and/or Web-site, as prescribed by legislation of Ukraine.
6.3 The Seller is not liable for the transfer by the Buyer of its network identifiers: IP, MAC-address, login, password to any third parties. With the use of the access to Mobile application and/or Web-site, the Buyer individually is liable for any damage, caused by its actions to any party.
6.4 The Seller is not held liable for infringement of the Agreement, if such infringement was caused by force majeure circumstances. Wherever possible, the Company is not liable for the events, omissions or unforeseen situation, which are beyond our reasonable control, and, in particular, include without limitation the following circumstances:
- strikes, blocking or other industrial conflicts;
- violent civil disorder, civil disturbances, invasions, terrorist attacks or terror threat, military activities (with or without war declaration), military activities threat or preparations for military activities;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural calamities;
- impossibility to use railway, watercrafts, air vehicles or automobiles, as well as other public transport and private vehicles;
- impossibility to use public or private telecommunication networks;
- acts, decrees, resolutions or restrictions of any government;
- any strike of employees of transport companies, post office or other types of strikes in transport companies, non-provision of services by transport companies or accidents.
- indirect damages of the Buyer or the third parties, arisen as derivatives from basic damages or harm, by any means and due to law infringement (including carelessness), infringement of terms and conditions of the Contract or by any other reasons, even if such damages or harm are apprehended, including without limitation such types of damages:
- lost profits or income; lost commercial opportunities; loss of contracts, lost anticipated savings; lost data; damages in a result of incorrect management and lost time for work.
- any actions and/or inactivity, which is direct or indirect result of any actions/inactivity of any third parties;
- use (loss of use) and any consequences of use (loss of use) by the Buyer of the form of payment for the Goods, which was selected by it.
- Transfer of rights and obligations
7.1 The Contract, entered into between the Buyer and the Seller, is binding for you, us, and our relevant legal successors and assignees.
7.2 The Buyer has no right to assign, encumber or otherwise alienate the Contract or any rights and obligations, arising out of such Contract, without our prior written consent.
7.3 The Seller has a right without the consent of the Buyer to transfer, assign, encumber, transfer or otherwise alienate the Contract at any time within the term of the Contract. For the purposes of clarity, any such transfer, assignment, encumbrance or other type of alienation do not affect the rights, granted to you as to the buyer, by current legislation.
- Intellectual property
8.1 Intellectual property rights to all software, product and service marks and also the materials, provided in Mobile application and/or Web-site or by means of them, belong to the Seller and/or its licensors and are protected by copyright law. Their storage, printing and demonstration is possible only for personal use. None but the Seller has any right to publish, change, disseminate or otherwise reproduce in any format any materials or their copies, provided or placed in the Mobile application and/or Web-site, as well as has any right to use such materials for any commercial purposes.
8.3 You are not entitled for improper use of the Mobile application and/or Web-site by means of intentional introduction of viruses, Trojan Horse programs, worms, programs of logic bomb type or other materials, which are malicious or harmful from a technological perspective. You agree not to carry out any security attacks to the Mobile application and/or Web-site, server, where the Mobile application and/or Web-site is placed, or any other server, computer, database, related to the Mobile application and/or Web-site. You agree not to carry out any attacks by means of network attacks and distributed attacks due to denial of service.
8.4 In case of infringement of this provision, you can commit a criminal act, pursuant to the current legislation. We are obliged to inform the relevant law-enforcement authority about any suspicion of such criminal act; herewith we shall be obliged to interact with the relevant authority for declaring of identity of the lawbreaker. In addition, in case of such infringement, your right for the use of the Mobile application and/or Web-site is forfeited immediately.
8.5 We are not liable for any damages or losses, incurred in a result of network attack, virus or other software or materials, which are malicious and from a technological perspective are harmful for your computer, equipment, data or materials, obtained in a result of the use of Mobile application and/or Web-site or downloaded from the Mobile application and/or Web-site, as well as from materials, the reference to which is placed in Mobile application and/or Web-site.
- Confidentiality policy
9.1 Statement of personal data protection.
With a purpose of safety and protection of personal data confidentiality of our Users (buyers of petrochemicals and other persons, applied to us with any inquiry or claim), the Company is obliged to assume all required measures for prevention of misuse of your personal data, which become to be known for us.
The grounds for processing of personal data, collected by the Company by means of the mobile application, is the consent of personal data subject for processing of its personal data. We determine the purposes, for which such personal data are used.
LLC “LIVAYN TORG” collects and processes personal data exceptionally within the Law of Ukraine “On protection of personal data” dd. 01.06.2010 No. 2297-VI and acts as the “owner of personal data”.
We process your personal data only if:
- You are of age (not under the age of 18 years);
- You provided your consent for processing of personal data;
- processing is required with a purpose of entering into or execution of contract for the sale and purchase of the goods;
Using the services of mobile application and/or other application program interface of the Company, the User provides its voluntary unambiguous consent for our processing of its personal data.
Volume of personal data of the User includes and/or can include the following information:
- Last name, name and patronymic;
- Passport data;
- Date and place of birth;
- Taxpayer identification number from the State register of individuals-taxpayers (identification number);
- Place of residence and/or registration;
- Application access time;
The Company does not collect and does not process personal data on racial or ethnic background, political, religious or worldview attitudes, membership in any political parties and trade unions and any similar information.
9.2 Purposes of Personal data processing
The Company collects/processes/stores personal data of the User for the following purposes:
- account creation and management, maintaining service of the Users, resolving of technical complexity and access to different functions;
- communication with the Users, including on the service issues, offering of new products and services, maintenance or permitted marketing communications via any accessible communication facilities, etc.;
- adaptation of offers and experience, including the advertisement in its services;
- control of individual activity of the User of application;
- carrying out of marketing and/or analytical studies with a purpose of improvement of Company’s service and/or quality of provided services;
- assessment of some factors for analysis and forecasting of personal preferences, interests, behavior and location.
We ask you to inform only such personal data, which are required for provision of service you selected, obtainment of newsletters or response for your special inquiry/claim. At the same time, if you decide to inform us any additional personal data, we also can process them with the use of required protection level.
The Company can delete or cease processing of personal data of the User in case of obtainment of the statement on withdrawal of consent for processing of personal data.
The Company can store the information, which it collects and obtains upon provision of services, during such period, which is required for execution of mentioned business purposes.
We shall not store your data for a longer period, than it is required for execution of the purpose for which they are processed or for compliance with the statutory requirements.
- the Users, which created account via the Mobile application and/or Web-site, can obtain access, correct or delete information they provide. Information can be changed in the personal area of the User or in application. The User is liable for accuracy of data or notices, provided by it upon the use of services of the Company, services and application.
- to know about the sources of collection, location of their personal data, purposes of their processing, location or place of residence (temporary residence) of the owner or personal data controller or to provide the relevant instruction to the persons, authorized by them, for obtainment of such information, except for the cases, prescribed by law;
- not later than thirty calendar days after submission of inquiry, except for the cases, prescribed by legislation, to obtain the response if their personal data are processed, as well as to obtain the content of such personal data;
- to make a substantiated demand to the owner of personal data on the objection against processing of their personal data;
- to make a substantiated demand on change or destruction of their personal data by any owner and personal data controller, if such data are processed illegally or are unreliable;
- for protection of their personal data from illegal processing and unintentional loss, destruction, damaging due to intentional concealment, non-provision or untimely provision of them, as well as for protection from provision of information, which is unreliable or discredits honor, dignity and business reputation of individual;
- to address complaints with regard to processing of their personal data to the Ombudsman of the Verkhovna Rada of Ukraine or to the court;
- to take remedial actions in case of infringement of legislation on personal data protection;
- to withdraw the consent for personal data processing;
- 4 Transfer of Personal data to the third parties
In cases, as prescribed by legislation, we are obliged to share your personal data with public authorities for the following purposes:
- fight against fraud and other crimes;
- investigation of violations of current legislation of Ukraine or fight against any other infringements of User agreement provisions.
The Company can provide personal data of the Users for the inquires of the relevant public authorities, drawn up due to the requirements of current legislation, pursuant to the clause 93 of the Criminal Procedural Code of Ukraine.
The Company can use the third-party service providers for provision of some constituents of its services. In such cases, the providers are not entitled for the use/transfer of personal data, obtained in a result of provision of services or by means of the application of the Company, otherwise than for provision of services to the Company.
9.5 Technical, organizational and other means of data protection
With a purpose of safe storage of your personal data we have implemented a lot of technical and organizational means, which protect personal data from the unauthorized or illegal processing and from the unintentional loss, destruction or damage.
The Company adheres to the principle of personal data minimization. We process only such information about you, which we require for provision of certain services, or information, which you provide by your consent in excess of the required processing. In addition, we adjusted interfaces of our Web-site and applications for provision of services in such a way, that as much as possible confidentiality is kept, the settings of which you can correct at your own discretion.
- Final clauses
10.1 The Agreement comes into effect and remains in force without limit of time:
- from the moment of registration of the User at Web-site of the Company;
- from the moment of installation of Mobile application.
10.2 The Company has a right for termination of the Contract with the Buyer on a unilateral basis without the relevant notice and obtainment of written consent, by means of blocking of the personal area and other services.
10.3 The Company reserves the right introduce alterations to the Agreement on a unilateral basis, which come into effect after their posting on our web-site or in our mobile application. The fact of continuation to use the services of the Company and its services is the confirmation of consent and acceptance of the relevant wording by the User.
10.4 If any provisions of these Terms and conditions and/or provisions of the Contract are held invalid in full or in any of their part by the court or other relevant authority, or are the ones, which cannot be executed in the opinion of both parties, such provision is executed to the fullest extent possible for realization of intentions of the parties, and the rest of Terms and conditions and (or) Contract is in full force and effect.
10.5 All disputes and differences, arising between the Buyer and the Seller upon execution of the Contract or in connection with it, are settled by negotiations between the parties. If it is impossible to settle the differences by negotiations, they are to be considered in the commercial court under the statutory procedure, subject to obligatory compliance with the procedure of pre-trial dispute resolution.