IP Kachakov Anatoli Aleksandrovich
OGRNIP (Main State Registration Number of Individual Entrepreneur): 321220200204421
1. General Provisions
1.1 This document addressed to any individual (hereinafter referred to as the “Client”) is an official offer of the TUDA service (hereinafter referred to as the “Service”) and contains all the essential terms and conditions of the provision of information services specified in Clause 2.1 of this offer.
1.2 Pursuant to Article 437 of the Civil Code of the Russian Federation, this document is a public offer. Ordering services is its acceptance, which is deemed equivalent to entering into a contract under the conditions set forth in it. The offer is posted on the website of the Service on the Internet at https://tu-da.com/.
1.3. By accepting the terms of this public offer, the Client also agrees to the Policy of the Service regarding the processing of confidential data, posted at https://tu-da.com.
1.4. The Client shall carefully read the text of this offer. Should the Client disagree with any of its terms, he/she is offered to refuse the services of the Service. Should the Client have any questions related to the characteristics of the services, the Client shall consult a specialist of the Service before placing the order.
1.5. Terms and definitions used to perform the provisions of this offer are the following:
1.5.1. “Services” means services that are provided by the Partners of the Service and ordered via the Service.
1.5.2. “Order” means an order for the Services processed by the system.
1.5.3. “Partner of the Service” means a person who independently, on his/her own, provides the Client with services.
1.5.4. “Profile” means a page on the official website of the Service containing statistical information on the scope of services provided and the current status of the Client’s personal account. In order to register the Profile, it is necessary to provide at least data on the Client’s subscriber telephone number.
1.5.5. “Personal Account” means an account in which advance payments of the Client and amounts of funds withheld (debited) from these payments as payment for services are recorded. The personal account has a unique number and is generated by the Service.
1.5.6. “Personal Account Balance” means the difference at a certain time point between the amount of funds deposited into the personal account and debited from the personal account.
1.5.7. “Client” means a person ordering a service through the Service.
1.5.8. “Scheduled Order” means an order for a service, accepted minimum 60 minutes in advance, and assuming the possibility to provide the service at the time specified by the Client.
1.5.9. “Current Order” means an order assuming the provision of a service as soon as possible.
1.5.10. “Authorized Mobile Application” means a computer program installed on the Client’s mobile device and integrated into the hardware and software system, and allowing automating the process of creating orders via the Internet.
2. Subject of the Offer
2.1. By means of the Service, the Client can place an Order for the Services on a free-of-charge basis. The complete list of the Services is available for review on the website of the Service or in the Mobile Application. The Service does not provide any Services independently (on its own) to the Client, does not assume the rights and/or obligations of the performer in respect of such Services.
2.2. The Client accepts the terms of this offer when he/she contacts the Service by any means available to order a service.
2.3. The Client shall be responsible for the content and reliability of the information provided while placing an order.
2.4. After placing an order, the Client’s data, as well as the nature of the services required the Client, are not changed or edited without their consent.
2.5. The Service grants access to the Order free of charge to the Partner that selects the Order, notifies the Service of their choice, specifying the time of provision of a Service under the selected Order. In this case, the Service shall guarantee only the entry of the order into the hardware and software system. The Partner fully responsible for the provision of the service.
2.6. The Service shall inform the Client about the procedure and characteristics of the service provided, specifying all the essential information necessary for proper and correct performance of the service by the Partner.
2.7. The Service can accept scheduled orders for the provision of services. The timely provision of a service shall be the responsibility of the Partner notified in advance by the Service of the scheduled order. However, the provision of the service shall not be guaranteed.
2.8. The Service reserves the rights to refuse service to the Client that disagrees with the terms of this offer, without giving the reasons for refusal.
2.9. Telephone calls between the Client and the Service shall be recorded for internal control of activities of the Service and quality control of the order fulfillment.
2.10. In order to improve quality of the services provided, as well as to ensure real-time interaction between the Client and the Partner, the Client may inform the Service of cases of violation of the Client’s rights by the Partner by contacting the Service, using electronic feedback form or in writing at the location of the Service. In this case, the Service shall notify the Partner about the claim received from the Client, share the Client’s telephone number with the Partner, as well as the content of the Client’s claim. Further conflict resolution shall be carried out between the Client and the Partner without the participation of the Service. The content of this Clause shall not and may not be deemed as the acceptance by the Service of any obligations to compensate for damage either in kind or in cash, pay compensation, and/or acceptance by the Service of other obligations not provided for in this offer.
2.11. When collecting and processing the Client's personal data, the Service is guided by the provisions of Federal Law No. 152 “On Personal Data” dated July 27, 2006, as well as the Service’s Policy regarding the processing of confidential data.
3. Responsibilities of the Service
3.1. The Service shall place the Client’s order on a free-of-charge basis in the hardware and software system and inform the Client about the order fulfillment.
3.2. The Service shall inform the Client about cases of forced delay in the provision of a service.
3.3. The Service shall inform the Client about cases when it is impossible to provide a service.
3.4. The Service shall timely credit the advance payments of the Client to the personal account.
3.5. The Service shall timely detect and prevent attempts of unauthorized access to the information provided by the Client, and/or its transfer to persons that are not directly related to the order fulfillment.
4. Responsibilities of the Client
4.1. The Client shall order a service taking into account the time required to ensure the performance of the service.
4.2. The Client shall specify the essential conditions necessary for the correct choice of the Order by the Partner.
5. Settlements between the Client and the Partner
5.1. The Service shall provide the Client on a free-of-charge basis with the Services, the subject of which is defined in Clause 2.1 of this Offer.
5.2. Payment for the provision of services shall be carried out directly between the Client and the Partner. The Service shall inform the Client about the cost of the provision of services. The specified cost is calculated based on the rates applied by the Partner that accepted the order for fulfillment. The setting of rates is dynamic, it depends on many factors (condition of street and road network, traffic congestion, time of day, year, dynamics of demand for services, climate conditions, etc.) and may entail difference in rates for homogeneous services at different times. Informing the Client about the final cost of a service shall not mean and may not be regarded as the fact that the service is provided by the Service.
5.3. The method of payment shall be determined by the Client without participation of the Service.
5.4. The Service shall not give the Client any instructions regarding the method and procedure for payment for the services provided.
5.5. The Service shall provide a technical possibility for the Client to pay for the Services by cashless payment using bank cards. In this case, the Service only provides the technical possibility of cashless payment for the Services, the Service does not accept the Client's funds and is not the Partner's agent for accepting such funds.
5.6. Cashless payment system using bank cards shall be made via credit or debit cards of the Visa, MasterCard, “Mir”.
5.7. Registering the profile, as well as linking a bank card to the Client’s personal account number are required to get the possibility to pay the Partner’s services by cashless payment using bank cards.
5.8. Cashless payment using bank cards shall be made in accordance with the international payment systems rules on the principles of confidentiality and security of payment. The security of the data provided by the Client shall be ensured by compliance of the procedures with the Payment Card Industry Data Security Standard, and no one, including the Service, may receive it. Bank card data shall be entered on the secure payment page of the acquiring bank providing the option of cashless payment for services.
5.9. For confirmation of the possibility of cashless payment using bank cards, funds in the amount of the cost of the corresponding services may be reserved on the Client’s bank card at the time of placing the order. In case of cancellation of the order placed by the Client, as well as in other cases of non-provision of services to the Client, the funds reserved on the Client’s card shall be returned to the Client.
5.10. Should the Client change the scope of requested services, the cost shall be subject to recalculation. The order shall be paid by the Client in accordance with the scope of actually provided services.
5.11. The Client and the Partner shall be entitled to agree on other forms of payment for the provision of services, not stipulated in this offer, including payment for services in cash and by other methods that do not contradict the current legislation.
5.12. The Partner shall be entitled to set a fee for providing additional services to the Client, including, but not limited to, waiting by the Partner to perform the service for more than 3 minutes, transportation of large-size items, etc. In case of a scheduled order, the free waiting period starts from the time at which the scheduled order is made, but not earlier than the moment of the actual vehicle arrival. In case the vehicle arrives earlier than the time for which the scheduled order is made, the free waiting time shall be calculated from the moment the vehicle actually arrives and the Client is notified about it. At the same time, the free waiting time cannot be less than 3 minutes and cannot expire earlier than the time for which the scheduled order is made.
5.13. The Partner is entitled to establish a penalty fee for the Client’s refusal from the Services after the Client has been notified about the Partner's arrival. The Client shall be considered to have refused the Services after the expiry of the free waiting time established in Clause 5.12 of this Offer, if the Client has not notified the Partner about their consent to the paid waiting time. The amount of the penalty fee shall be calculated in proportion to the amount of the minimum cost of the Services, which is valid at the moment of creation of the Order, and the distance from the location of the Partner at the moment of creation of the Order to the place specified by the Client.
5.14. The Partner shall be entitled to establish a penalty for the Client’s refusal from the service after the Client is notified of the provision of the service. The penalty amount shall be determined by the Partner.
5.15. The Partner is entitled to inform the Service about the Client’s failure to fulfill the obligation to pay for the Services. In this case the Service shall inform the Client about the existing debt. In order to repay the Client’s debt to the Partner the cost of the Services may be increased by the amount of such debt during further order of the Services.
6. Liabilities of the Parties
6.1 The Parties are liable for failure to fulfill their obligations in accordance with the laws of the Russian Federation.
6.2. The Service is not liable for any interruptions in the provision of the Services specified in Clause 2.1 of this Offer, in case of failures of software or hardware not belonging to the Service.
6.3. The Service shall not be liable for complete or partial interruptions in the provision of services specified in Clause 2.1 of this Offer, related to replacement of hardware, software, or carrying out other works required to maintain operability and development of technical means of the Service.
6.4. The Service shall not be liable for direct damages, lost profit incurred by the Client as a result of using the Services provided by the Partners.
6.5. The Service is not liable for the Partner’s failure to fulfill their obligations.
6.6. By placing a request for the Partner to carry out activities on behalf of the Client, the latter accepts and agrees that obligations under the agency agreement arise between the Client (principal) and the person performing it (agent) (Article 971 of the Civil Code of the Russian Federation). The principal is responsible for the rights (including the right of ownership), obligations and liability for transactions carried out by the agent. The authority of the agent is evident from the situation and does not require confirmation by a power of attorney (Article 182 of the Civil Code of the Russian Federation).
7. Dispute Resolution Procedure
7.1. The Parties shall resolve any disputes and disagreements related to the performance of this offer through negotiations and mutual deliberation.
7.2. Should it not be possible to resolve any disputes through negotiations, they shall be resolved in accordance with the current legislation of the Russian Federation.
8. Special Terms
8.1. By accepting the terms of the offer in its present revision, the Client expresses consent to the processing of their personal data in cases where such consent is required in accordance with the provisions of the Federal Law dated July 27, 2006, No. 152 “On Personal Data”, as well as promotional information (including messages received via Viber, WhatsApp, Telegram and similar Internet instant messengers) distributed through communication networks for the purposes and in cases, where the need for such consent is provided for by the current legislation of the Russian Federation on advertising.