No. DD-5 dated December 15, 2017
Before using the services of the Website www.delimobil.com or the Delimobil Mobile Application, please carefully read this User Agreement (hereinafter, the "User Agreement").
Using the Website and/or the Mobile Application means a full and unconditional acceptance of the terms and conditions of this User Agreement by you. In the event you don't agree with provisions of the User Agreement in full or in part, the User shall refuse to use the Website and the Mobile Application. The User Agreement contains hyperlinks to the Company's documents. Review of the User Agreement means a review of all documents referred to therein, and a full and unconditional acceptance thereof.
The User Agreement refers to the Website and the Mobile Application only, and does not refer to other websites or software (including applications for mobile devices), including those the User can switch to following the links located on the website.
1. Terms and definitions used in the User Agreement
1.1. "Company" means Carsharing Russia Limited Liability Company (OGRN 1157746288083, INN 9705034527), and, if applicable, another entity to which Carsharing Russia Limited Liability Company has assigned its rights under the Contract.
1.2. "Contract" means the Delimobil Contract posted online at https://delimobil.ru/docs/dogovordelimobil.pdf, including annexes to it posted on the Website or in the Mobile Application.
1.3. "User" means an inpidual who has joined the User Agreement by completing the actions specified in clause 2 of the User Agreement.
1.4. "Services of the Website and/or Mobile Application (Delimobil services, services)" means the set of services and the license granted to the User in accordance with the functionality of the Website and/or the Mobile Application.
1.5. "Vehicle" means a vehicle leased in accordance with the Contract.
1.6. "Delimobil Mobile Application" means an electronic application for a Mobile Device providing the possibility of using the Delimobil service, namely: registration of the User in the service, booking of the vehicle, beginning and end of the Vehicle Rental Session, as well as other actions arising from the Contract. To install the Delimobil Mobile Application onto a Mobile Device, the User shall independently perform the necessary actions using the Internet services www.itunes.apple.com and/or www.play.google.com.
1.7. "Mobile Device" means an electronic device (smartphone, mobile phone) running under the iOS or Android operating systems.
1.8. "Delimobil Software" means a set of software tools (including the Website and the Mobile Application) ensuring the operation of the Delimobil service.
1.9. "Website" means https://delimobil.ru.
1.10. "Registration of the User in the Delimobil Mobile Application or on the Website" means the User's actions stipulated by the instructions set forth in the User Agreement, on the Website, or in the Delimobil Mobile Application (Registration and Authorization Procedure) to enable the User to use the Delimobil Mobile Application and/or the Website for the purpose of implementing this Contract.
1.11. "Authorization of the User in the Delimobil Mobile Application or on the Website" means the execution of the actions stipulated in the instructions of the Website and the Delimobil Mobile Application (Registration and Authorization) for the Identification of the User with a Login and Password (Generated Password) known to the User and kept secret, in order to use the Delimobil Mobile Application and/or the Website.
1.12. "Activation of the User" means the connection of the User to the Delimobil service, opening access to the functions to the User Account, including the submission of Vehicle rental and booking applications, and the rental of the Vehicle.
1.13. "User Account" means a set of data on a User used for Identification of the User and containing information about the User, including personal data entered by the User, and meant for managing the services of the Website and/or the Delimobil Mobile Application on behalf of the User.
1.14. "Personal Account" means an inpidual area on the Website and/or in the Delimobil Mobile Application that the User accesses by entering a Login and Password (Generated Password) known only to them in accordance with the terms of the Website or Delimobil Mobile Application.
1.15. "User Identification" means establishing the identity of the User.
1.16. "Login" means the User's Contact Mobile Phone Number entered by the User to access the User's Personal Account on the Website and/or in the Delimobil Mobile Application together with the Password serving as an analogue of the User's own signature confirming that the User is the source of the actions performed using the Login.
1.17. "Password" means a unique sequence of characters generated by the User themselves, known only to the User and used to access the User's Personal Account on the Website and/or in the Delimobil Mobile Application, together with the Login serving as an analogue of the User's own signature confirming that the User is the source of the actions performed using the Password.
1.18. "Generated Password" means a unique sequence of characters sent by the Company to the User by text message to the Contact Mobile Phone Number used to access the User's Personal Account on the Website and/or in the Delimobil Mobile Application. Until the User creates a Password (clause 1.17 of the User Agreement), the Generated Password has the properties of a Password together with the Login serving as an analogue of the User's own signature confirming that the User is the source of the actions performed using the Login and the Generated Password.
1.19. "Code Word" means a sequence of alphanumeric characters indicated by the User when registering in the Delimobil Mobile Application or on the Website, registered in the Company's database and used for User Identification when the User contacts the Company's Information Center.
1.20. "Contact Mobile Phone Number" means the mobile phone number registered in the User's name which the User provided to the Company upon registration in the Delimobil Mobile Application or on the Website, which is used as the Login, as well as for the Company to contact the User in the cases stipulated by the Contract or the legislation of the Russian Federation, and for the Company to send text messages.
1.21. "Company's Information Center" means a center that provides information support to the User and performs actions to support the rental process. It is equivalent to the terms "Technical Support," "Technical Support Service," and "24/7 Technical Support" on the Website and in the Mobile Application.
1.22. "Push Notification" means a pop-up notification on the screen of the User's Mobile Device registered in the Company's information system transmitted from the Company's server to the Delimobil Mobile Application installed on the User's mobile device.
1.23. "SMS Message" means a short text message sent to the User's Contact Mobile Phone Number. SMS messages may be sent by the Company within the framework of the execution of the Contract, as well as for information purposes, including notifying the User of transactions using bank cards linked to the Company's information system.
1.24. "Vehicle Rental Application" means the actions provided for by the Contract (and the Annexes thereto) and executed by the User using the Website and/or Delimobil Mobile Application to obtain the Vehicle for temporary possession and use.
1.25. "Booking" means a service provided to the User and consisting of blocking the use of the Vehicle until the beginning of the Rental Session or until the User's refusal to rent the Vehicle, unless the User themselves starts the Rental Session within the validity period of the Vehicle Rental Application.
1.26. "Rental Session" means a period of time from the beginning of rental (pressing the "Start rental" button) to the end of rental in accordance with the Contract.
1.27. "Standby" mode (including certain types of it) means a mode of the Vehicle's use in which the engine of the Vehicle is shut off ("stalled"), the gear shift is in the P position, the doors are shut, and the windows are up. It is used in the cases stipulated by the Contract for the purpose of
reserving the Vehicle chosen by the User for the period of the Rental Session. The Vehicle is not allowed to move in Standby mode.
1.28. "Traffic Code" means the traffic rules established by the legislation of the Russian Federation.
1.29. "Instruction on Determining Ordinary Wear and Tear" means the document taken into account when determining the nature of damage to the Vehicle and its attribution to ordinary wear and tear of the Vehicle (Annex No. 5). It forms an integral part of the Contract.
1.30. "Territorial Limits for the Use of the Vehicle" means the document setting out the requirements and territorial limits for using the Vehicle (Annex No. 6).
1.31. "Insurance Rules" means insurance terms binding for the User under Federal Law No. 40- FZ dated April 25, 2002, "On Compulsory Third-Party Insurance of Vehicle Owners" and the Rules of Compulsory Third-Party Insurance of Vehicle Owners (approved by Order No. 431-P of the Bank of Russia dated September 19, 2014).
1.32. "Bonus Account" means a provisional account that is not a bank account, excluding the possibility of cash transactions and used solely to account for the ruble equivalent of bonus points.
1.33. "Authorized Area" means the territory, subject to the established limits, where the use of the Vehicle is allowed in accordance with the Contract and the Annexes thereto.
2. General Terms and Conditions
2.1. By starting to use the Services of the Website www.delimobil.ru (hereinafter, the "Website") or Delimobil Mobile Application (hereinafter, the "Mobile Application") in any form and in any scope, you:
2.1.1. confirm that you have fully read the contents of the User Agreement;
2.1.2. express your full and unconditional acceptance of the terms and conditions set forth in this User Agreement, without any reservations or exceptions;
2.1.3. assume the obligation to execute the User Agreement and bear liability for failure to comply with the requirements and conditions set forth therein;
2.1.4. agree that the User Agreement may be changed by the Company without any notification from the Company, and shall independently monitor the relevant changes. The new version of the User Agreement comes into force upon its posting on the Website or in the Mobile Application;
2.1.5. recognize the legal force behind documents sent via the Website or the Mobile Application as personally signed documents and for actions committed through the Website or the Mobile Application;
2.1.6. recognize that the means of identification set forth in the User Agreement are sufficient to identify the person from whom the relevant documents and actions originate;
2.1.7. give consent to receive push notifications connected with the services of the Company and its partners, as well as advertizing materials, to the Mobile application;
2.1.8. acknowledge that the Delimobil Mobile Application and the Website are sufficient for ensuring proper operation when receiving, transmitting, processing, and storing information, as well as for protecting information from unauthorized access, confirming the authenticity and authorship of electronic documents, and for resolving conflicts related to them. The User shall trust the software of the specified systems;
2.1.9. agree that the software is constantly being improved, and therefore technical problems in operation are possible. The User shall accept the software used for the implementation of the service "as is" without making complaints about the operation of the Website, mobile applications, or other software;
2.1.10. give your consent to the fact that the Company shall not provide any guarantees, express or implied, that the Delimobil software (including the Website and the Mobile Application) will meet the requirements or expectations of the User or correspond to their goals and objectives. The User shall use the Delimobil software at his or her own risk. The Company shall not assume responsibility for the noncompliance of the Delimobil software with any expectations of the User.
2.1.11. The Company shall not be responsible for the equipment used by the User when working with the Delimobil software.
2.1.12. agree that the Delimobil software data (including navigation system data) together with the data on activities from the User Account are sufficient data confirming the actions of the User to
whom the corresponding account is assigned at a time specified by the software (including Rental Session periods, the use of certain Rates, routes, etc.).
2.1.13. The User of the Software agrees that for the purposes of Delimobil services operation, as well as for ensuring the security of the User of the Software and the rented vehicles, the Delimobil application shall use the User's geolocation data (navigational data), and agrees to ensure the provision of relevant data.
2.1.14. The User agrees that the software is used by the Company in various projects, in connection with which actions in the Mobile Application with the Account (including blocking), the Bonus Account, Passwords, Generated Passwords, etc., performed under one project, will have corresponding consequences when the User uses the Mobile Application as part of other projects of the Rental Provider.
2.2. In case of disagreement with the terms and conditions stated in this section, immediately stop using the Services of the Website and/or Mobile Application.
3.1. The Company enables the User to use the services of the Website and the Mobile Application respectively within the scope provided for by the functionality of the Website and the Mobile Application in accordance with the access level (before passing the Registration procedure, after the beginning of the Registration procedure, and after the User's activation) - registration in Delimobil Service, using Delimobil Service exclusively for personal, family, household and other needs not connected with business.
3.2. The right to use the Services of the Website and Mobile Application is provided to the User free of charge on the conditions of a simple non-exclusive license.
3.3. Use of the Services of the Website and Mobile Application is allowed only in the ways provided for by the User Agreement and the Contract (after its conclusion).
3.4. The User guarantees that he or she will not use the services of the Website and the Mobile Application for the purposes of causing harm to the Company or the third parties, or in violation of requirements of current legislation, terms and conditions of the User Agreement, and in the event of conclusion of a Contract - the terms and conditions of the Contract as well.
4. Limitations on Liability
4.1. The Services of the Website and Mobile Application are provided "as is".
4.2. The Company shall not be liable for the use of the Delimobil Mobile Application on the User's Mobile Device by third parties, in connection with which all actions and instructions originating from the User's mobile device shall be deemed to originate from the User.
4.3. The Company shall not guarantee that the Website and/or Delimobil the Mobile Application will work continuously, or that they will not contain errors and/or viruses. The User shall agree and acknowledge that the User uses the Website and/or the Delimobil Mobile Application solely at the User's own risk. The Company shall not be liable for any direct damage or any indirect, incidental, punitive, or consequential damages caused as a result of the User's use or inability to use the Website and/or the Delimobil Mobile Application.
4.4. The User shall have the right to inform the Company's Information Center by telephone at 8- 800-234-22-44 or + 7-495-234-22-44 or at email@example.com about the presence of errors or malfunctions that occurred during the use of the Services of the Website or Mobile Application.
5. Functionality and Services of the Website and Mobile Application
5.1. The Services of the Website and Mobile Application are designed for:
5.1.1. obtaining information about the Company and learning about the services provided by the Company;
5.1.2. performing actions aimed at concluding a Contract;
5.1.3. performing actions aimed at fulfilling a Contract.
For the purposes of this User Agreement, actions aimed at concluding a Contract are deemed actions for registration on the Website and/or in the Mobile Application; actions aimed at the fulfillment of a Contract are deemed actions for booking the vehicle, starting and terminating the Rental Session, and other actions permitted by the Website and the Mobile Application after the activation of the User.
5.2. Before taking any actions aimed at concluding a Contract, the User shall examine the terms of the Contract posted online at https://delimobil.ru/docs/dogovordelimobil.pdf and make an informed decision to enter into the Contract.
In addition, the User shall take into account that the Contract:
- is not a lease contract;
- is not a public offer;
- is a comprehensive contract which includes service provision by the Company to the User;
- in accordance with Art. 421 of the Civil Code of the Russian Federation, the Company is free to enter into a Contract and independently determines the grounds for refusing to enter into a Contract;
- the Contract is an accession contract insofar as its terms are determined by the order of the head of the Company and are accepted by the User only through accession to the Agreement (Art. 428 of the Civil Code of the Russian Federation);
5.3. In any case, the Contact cannot be concluded with persons not meeting the following requirements:
5.3.1. Potential client is entitled to drive a vehicle in accordance with the requirements of legislation in effect;
5.3.2. The potential client shall have a driver's license (for RF citizens – Russian national driver's license; for foreign citizens - a national driver's license of the state of residency or an international driver's license (except for those issued on the territory of the Russian Federation); for inpiduals with dual citizenship - a national driver's license of one of the states of residency or international driver's license (except for those issued on the territory of the Russian Federation));
5.3.3. contraindications for driving the vehicle provided for by the current legislation of the Russian Federation are not available;
5.3.4. the age of the potential client shall be at least twenty-one (21) years;
5.3.5. the potential client has at least two (2) years of driving experience (category B);
5.3.6. the potential client meets the requirements imposed by the current legislation of the Russian Federation for a person who has the right to drive a vehicle;
5.3.7. The person has permanent residence.
The specified requirements for the User are not exhaustive. The Company shall be entitled not to conclude a Contract, including with a person who does not meet the requirements specified in this clause 5.3, or in the event that the Company has grounds to believe that the User (potential client) may violate the Contract. Pursuant to Article 421 of the Civil Code of the Russian Federation, the Company shall be free to conclude the Contract and shall not be obliged to conclude it.
5.4. The Contract between the Company and the User shall be concluded: on the part of the User by the User's acceding to the terms and conditions set forth in this contract in accordance with the procedure established by the Contract and the User Agreement; on the part of the Company by the Activation of the User in the Delimobil service.
5.5. Regardless of the manner of Contract conclusion chosen by the User (in person/e-signature, or other methods allowed by the Company), the Contract shall only be entered into upon the Company's confirmation of the possibility of the conclusion of the Contract with the particular User after checking the User's conformity with the requirements established by the Contract (and the Annexes thereto) and verifying the documents provided. Confirmations of accession to the Contract received by the Company without preliminary approval of the conclusion of the Contract by the Company shall not create relations under the Contract and shall be regarded as a proposal of a potential User to enter into the Contract. Subject to the preliminary agreement of the Company, the Contract shall be deemed entered into by the Parties from the date of the Company's receipt (directly, through a courier service, from partners of the Company, or by other means specified by the Company) of the Confirmation of Acceding to the Contract from the User as a hard copy or a scanned copy or as an email with a signature obtained by writing it on the screen of the Mobile Application. To conclude the Contract in electronic form, the User shall perform the following actions using the special features of the Mobile Application or the Website:
- Submission to the Company of a scanned copy of the completed and signed Confirmation of Acceding to the Contract, or an email with a signature obtained by writing it on the screen of the Mobile Application, as well as the ID or the driver's license following the procedure established by the Company;
- Ticking the box near the phrase "I have read the Delimobil Contract (https://delimobil.ru/docs/dogovordelimobil.pdf) and will meet its terms and conditions. I accede to the Contract" and pressing the "Register" button in the Mobile Application and on the Website, respectively (The instruction contains a link that the User can follow to become familiar with the Delimobil Contract.)
- Ticking the box near "I accept the User Agreement"
- Ticking the box near "I grant my consent to the processing of my personal data" The instruction contains a link that the User can follow to become familiar with the Consent to the Processing of Personal Data.
5.6. The User confirms the execution of actions aimed at the conclusion of the Contract by signing the Confirmation of Accession. The Company, the courier service, or a partner of the Company (depending on the means of submission of the Confirmation of Accession) provides a note about receipt of the given document. A second copy of the Confirmation of Accession to the Terms and Conditions of the Contract marked as received is transferred to the User. If a scanned copy of the completed and signed Confirmation of Accession is submitted (or an electronic document with a signature obtained by writing it on the screen of the Mobile Application), the notes mentioned in this clause are not made. The User understands and agrees that the Confirmation of Accession is a unilateral document in which the signature of the Company's representative on it is not mandatory by law.
The User also confirms execution of the actions aimed at the conclusion of the Contract by completing User registration on the Website or in the Mobile Application and by performing actions aimed at renting the Vehicle (Vehicle Rental Application, Vehicle Booking) using the functions of the Website or the Mobile Application, as the mentioned functions of the Website or the Mobile Application become available only after Activation of the User in the Delimobil Service.
5.7. If a person gets access to the functions of the Website or the Mobile Application on grounds other than those specified in this clause, they shall immediately inform the Company thereof and undertake not to use the functions that became available to them through such access. Otherwise, all actions executed on behalf of such person using the Website or the Mobile Application shall be deemed actions executed directly by such person.
5.8. Activation of the User means the ability (except in cases of Account blocking pursuant to the Contract) to use the Vehicle as per the Contract within any Authorized Area. The User shall agree that certain provisions (including Rates, territorial limits, requirements for the User, rights and obligations, etc.) may vary in different Authorized Areas.
5.9. If a Contract is concluded, the provisions of the Contract (including with regard to the functionality of the Website and the Mobile Application for the purpose of executing the Contract) shall also apply to the relations on the use of the Website and the Mobile Application.
6. Registration and Authorization Procedure
6.1. The Services of the Website and Mobile Application are used to ensure the ability to choose the Vehicle, book the Vehicle, and use the Vehicles within the framework of the Contract.
6.2. The Delimobil Mobile Application can be used to choose the Vehicle, book the Vehicle, perform actions within the Rental Session, and perform other actions relating to the Vehicle provided for by the Contract and technically provided by the Website and the Delimobil Mobile Application.
6.3. Use of the Services of the Website and Delimobil Mobile Application is only possible if the User becomes registered on the Website or in the Delimobil Mobile Application and logs in on the Website or in the Delimobil Mobile Application, respectively, in accordance with the sequence of actions established by the Website or the Delimobil Mobile Application. The Client can choose a Vehicle, submit a Vehicle Rental Application, book the Vehicle, rent it, and perform actions within the Rental Session only if the User is activated, and his or her account is not blocked in the Delimobil service.
6.4. For the Registration of the User on the Website or in the Mobile Application, the User shall provide the required information, including personal data:
- surname, given name, patronymic;
- number of the mobile phone registered to the User;
- a codeword.
During the registration process, the User shall also send to the Company scanned copies (photos) of the following documents by using the functions of the Website or the Mobile Application: passport (main page with the photo and date of issue, the page containing valid data on registration at the place of residence (the full page)), the driver's license (full), a selfie with the passport (the main spread with the photo), as well as other data by instruction of the Company. The document must be free of glare, and all data must be clearly legible.
The Rental Provider may request additional documents to resolve issues arising in the process of Client registration and continue working with the activated Client.
After providing the data listed in this clause and sending the scanned copy (photo) of the documents, a Generated Password for access to the Personal Area is sent to the User via SMS message. The Generated Password can be changed by the User to a Password. At this stage (upon the submission of data and before the end of the registration procedure), the User has the right to use the Services of the Website and Delimobil Mobile Application on a limited basis: access to the Personal Account, changing the Generated Password, and linking an additional bank card to the Services of the Website and Delimobil Mobile Application for making payments under the Contract.
6.5. After receiving the Generated Password and opening limited access to the Services of the Website and Delimobil Mobile Application, the Client may link these services to their bank card (VISA or MASTERCARD) from which funds will be debited as payment under the Contract and which allows online payments. Linking of the bank card is carried out through interaction (redirection from the Website or Delimobil Mobile Application) between the User and the partner bank of the Company. The User has the right to link several bank cards to the Services of the Website and Delimobil Mobile Application for making payments under the Contract.
6.6. The User shall agree that while linking (integrating) the User's bank card to (with) the Services of the Website or Delimobil Mobile Application, the Company's partner bank will debit from the User's bank card an amount not exceeding 50 rubles to be refunded to the User's bank card within 24 hours in order to check the possibility of debiting funds from the User's bank card.
6.7. The Company shall verify the data provided by the User. Upon verification of the User's data the User shall be informed about the ability to conclude the Contract by accession with specification of the options for signature and submission to the Company of the Accession Confirmation, or about refusal to conclude the Contract.
The options for the signature and submission of accession documents to the Company are as follows:
- signing the documents on accession to the Contract in person at the Company's offices;
- via a courier service specified by the Company for the submission of duly executed documents on accession to the Contract;
- via the offices of the Company's partners.
In addition, on the Website and in the Mobile Application, you may be given the ability to join the Delimobil Contract by completing actions established by the Website or the Mobile Application that confirm the identity and intentions of the User.
6.8. If the User does not provide the requested information or provides inaccurate or illegible information, or if the Company has reason to believe that the information provided by the User is unreliable, the Company may, at its discretion, request reliable and full information from the Client, refuse to conclude and/or fulfill the Contract, block the User's access to the services (or inpidual functions thereof) of the Website and/or the Mobile Application of Delimobil connected with the execution of the Contract, or delete the User Account.
6.9. After the approval of the User by the Company and receipt by the Company of the Confirmation of Accession to the Contract signed by the User, User Registration is completed and User Activation is carried out in the Delimobil service.
6.10. After the Activation of the User, the Services of the Website and/or the Mobile Application of Delimobil shall be accessed using the Login and Password (Generated Password).
6.11. Authorization is carried out by entering the Login and Password (Generated Password). The Company has the right to establish requirements for the Password and not allow the use of Passwords that do not meet such requirements.
6.12. After User Authorization on the Website or in the Delimobil Mobile Application, the User has the right to use the Services of the Website and Delimobil Mobile Application, which provide the possibility of selecting, booking, renting an available vehicle in accordance with the Contract, except in cases when the User Account has been blocked.
6.13. The User shall maintain the confidentiality of information about the Login and Password (Generated Password) as well as other personal data, including data through which access to the Services of the Website or Mobile Application on behalf of the User can be obtained. If the Login, Password (Generated Password) or Code Word is lost, or if there are grounds to believe that this data (as well as other personal data) was acquired by a third party, the User must, using the contact details specified by him/her at Registration, send a request to the company to block the Account and choose a different Password, and upon agreement with the Company, choose a Login. The request to block the Account shall be considered by the Company within one (1) hour from the moment the request is sent. All risks arising out of the non-fulfillment of this obligation by the User shall be borne by the User.
6.14. Upon the conclusion of Registration, all calls to the Company's Information Center shall be made from the User's registered and confirmed Contact Mobile Phone Number or from another phone on the condition that the User provides personal data and the User's Code Word.
6.15. The User may change the Contact Mobile Phone Number by submitting a corresponding written application to the Company in person or by sending it by post. If this application is sent by post, the User shall independently make sure that the postal item has been received and processed by the Company. The Company shall notify the User about the change in the Contact Mobile Phone Number by sending an SMS message to the new Contact Mobile Phone Number.
6.16. The User shall confirm that the performance of actions for User Registration on the Website, as well as User Authorization on the Website or in the Mobile Application after completing the above procedures, are sufficient grounds for evaluating the actions performed using the User Account as User actions.
7.1. Any information shall be transmitted to the User in the following ways at the Company's
- by posting the information in question at the Company's offices, or
- by posting it on the Company's Website (https://delimobil.ru), or
- by sending written notices to the correspondence delivery address indicated by the User and/or to the email address or by sending SMS messages to the Contact Mobile Phone Number indicated by the User, or
- by sending the information in question to the organization that entered into the Contract with the Company, if the User is an employee of this company, or
- By sending push notifications in the Mobile Application
- By other generally available means
7.2. The User shall agree that the Company shall have the right to call and to send voice and SMS messages containing information on the amount of current and overdue debts, other information relating to services provided to the User, information on changes to the terms of the Contract (including the Rates of the Company), new services, other news, and advertising messages to the User's Contact Mobile Phone Number.
7.3. The User shall agree that the Company shall be entitled to send information regarding changes in the terms of the Contract, Rates, new services, services provided to the User, and other news, as well as advertising messages, to the email address specified by the User during Registration (as well as to any other email address contained in the Account).
7.4. The User shall give his or her consent to receive from the Company the information specified in clauses 7.2 and 7.3 of the User Agreement and sent to the mobile phone number/email address specified by the User during Registration in the Delimobil Mobile Application or on the Website, or in other documents submitted by the User to the Company. The Company shall not be liable for damages caused by the non-receipt by the User and/or the receipt by an unauthorized person of a voice or SMS message or an electronic message.
The User gives his or her consent to interaction with third parties (including members of the User's family, relatives, other persons residing with the User, neighbors, and any other inpiduals) aimed at recovering his or her overdue debts.
7.5. If the User lives outside the Russian Federation, or if the User uses the mobile phone number of a foreign mobile operator as a Contact Mobile Phone Number and for receiving text service and/or Generated Passwords, the risk of untimely receipt or non-receipt by the User of SMS messages from the Company increases. The User shall be aware of this risk, understand it fully, and take it into consideration when going abroad, when indicating the mobile phone number by the User as a Contact Mobile Phone Number, and when receiving SMS service and/or Generated Passwords.
and Users in terms of the receipt, processing, destruction and other actions with Personal Information.
8.2. The Parties have agreed to consider the following as Personal Information:
- data on the User which he or she provided independently while committing certain acts on the Website or Mobile Application, for example, during registration, conclusion of the Contract (including personal data as it is understood in accordance with current legislation of the RF);
- data transferred automatically to the Services of the Website and the Mobile Application in the process of their use with the help of software installed on the User's device, including IP address, cookie file data, information on the browser of the User (or another program used for access to the Services), technical specifications of the equipment and software used by the User, date and time of access to the Services, addresses of requested pages and other similar information;
- other information, processing of which follows from the User Agreement, functionality of the Website, and common sense.
8.3. Personal Information is collected and processed for the purpose of conclusion of the Contract and its performance, the provision of Delimobil Services, as well as to carry out actions resulting from the conclusion, amendment, termination and breach of the Contract, including those for:
- identification of the User, validation of User data;
- establishing feedback with the User, provision of efficient support;
- provision of services provided for by the Contract and functionality of Delimobil software;
- taking measures connected with the detection of breaches of the User Agreement or the Contract by the User, including those intended for collection of indebtedness or holding the User liable;
- advertising activities;
8.4. The Company shall provide the storage of Personal Information of Users in accordance with the requirements established by current legislation and guided by internal regulations of the Company and the functionality of hardware and software. The Company takes all necessary organizational and technical measures for the protection of confidentiality of personal Information and prevention of illegal acts with such information.
8.5. In terms of Personal Information of Users, its confidentiality is preserved, excluding the following cases when:
- personal information is subject to transfer in connection with the performance of the User Agreement or the Contract;
- The User allows its provision to third parties (including in accordance with the Consent to processing of personal data);
- the information is in the public domain;
- the information was received by the Company from sources other than the User;
- the information must be provided to third parties (including state authorities) due to the requirements of current legislation.
8.6. In the event of loss of Personal Information of the User or its illegal disclosure, the Company shall notify the User.
8.8. The User undertakes to provide the Company with valid Personal Information in due time, as well as to assure the storage of passwords, access keys and other tools of access to Personal Information provided by the User to the Company.
8.10. Under no circumstances is the Company liable for illegal distribution of personal information if it:
- became publicly accessible before its loss or disclosure;
- was received by a third party before its receipt by the Company;
- was disclosed with the consent of the User (including in accordance with the Consent to personal data processing).
9. Consent to Personal Data Processing
9.1. The User shall give their consent to the processing of personal data they have provided
(as well as that received from any third parties) by the Company, such as: Full name, date, month and year of birth, place of birth, series and number of the identity document (or its substitute), information on the address of registration at the place of residence, driver's license number, contact details, including (but not limited to) phone number and email address, information about the presence (absence) of medical contraindications for use of the vehicle, photograph, employment information, position, and geolocation (navigation data) of the User, other personal data related to the conclusion and fulfillment of the Contract and the agreements on the use of the Delimobil software, and shall confirm that by giving such consent he or she is acting voluntarily and in his or her own interests.
9.2. Consent to the processing of personal data shall be given by the User for the purposes of conclusion and execution of the Contract, provision of additional services by the Company, participation in the Company's special offers, surveys or studies (including, but not limited to, conducting surveys or studies via electronic, telephonic, and cellular communication), decision making or performance of other actions that generate legal consequences with respect to the User or other persons, provision of information to the User about the services provided by the Company and/or its partners, including for the purpose of the subsequent conclusion of contracts/agreements with other persons for the purpose of executing the Contract or with a view to arranging collection of debts, including with the involvement of third parties, the identification of a person who committed a violation of current legislation, or the provision of relevant information to the authorities, and shall apply to the information specified in Clause
9.1 of the Consent.
9.3. The User's personal data shall be processed by the Company in the amount necessary to achieve each of the above goals in the following ways: collecting, recording (including on electronic media), systematizing, accumulating, storing, drawing up lists, marking, updating (modifying, changing), extracting, using, transferring (distributing, granting, accessing), depersonalizing, blocking, removing, destroying, obtaining images by photographing, or performing any other actions with the User's Personal Data in compliance with the effective legislation of the Russian Federation. Processing shall be carried out both with and without the use of automation tools.
9.4. The User shall confirm that their consent shall be valid for the period for which the User's personal data is to be kept by the Company, which is seventy-five years from the date of receipt.
9.5. The User shall have the right to withdraw their consent to the processing of personal data by sending written notice of such withdrawal to the Company no less than three (3) months prior to the withdrawal of the consent.
9.6. The User shall acknowledge and confirm that, if it is necessary for the achievement of the abovementioned purposes to provide personal data to a third party (including to the authorities both upon receipt of a request and proactively), if third parties are involved in performing work (rendering services) provided for in the Contract and/or user agreements, and in the case of transfer by the Company of its functions and powers to another entity (including for the consideration of the possibility to assign and the adoption of a decision on assignment of rights under the Contract or in the event of the provision of debt collection services, etc.), the Company shall be entitled, without obtaining additional consent from the
User, to disclose information about the User (including personal data) to such third parties, their agents, and other authorized persons, and provide such persons with relevant documents containing such information in compliance with the requirements of Russian law for the performance of the abovementioned actions.
9.7. The User acknowledges and confirms that this consent to process the User's personal data is considered to be given by him or her to any third parties, and any such third parties are entitled to process the personal data on the basis of this Consent.
9.8. The User acknowledges and confirms that, if the Company considers the matter of assignment of rights under Contracts (clause 9.2 of the Consent), User Agreements concluded with the User to third parties, or if the Company uses third parties to perform actions aimed at recovering the User's debts, consent to the transfer of his or her personal data and data on his or her Contract with such third parties shall be considered to have been provided by the User to the Company. In the event of assignment of rights under the Contract, the Company shall have the right not to notify the User. The User hereby agrees not to receive any notice of assignment made by the Company in accordance with this clause of the User Agreement. The User gives his or her consent to interaction with third parties (including members of the User's family, relatives, other persons residing with the User, neighbors, and any other inpiduals) aimed at recovering his or her overdue debts.