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другой номер
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Москва
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Телефон горячей линии
Встречаем Айфлот в апреле 2021
User Agreement
1. General provisions
1.1. The present User Agreement (hereinafter referred to as the "Agreement") is an offer of AYFLOT LLC (hereinafter referred to as "Ayflot") to an Internet user (hereinafter referred to as the "User") to use the Ayflot service (hereinafter referred to as the "Service") on the terms and conditions set forth in this Agreement with all requirements of UAE laws and regulations. The Agreement comes into force from the moment the User expresses his consent to its terms in the manner provided for in clause 1.3 of the Agreement.
1.2. The User's use of the Service is governed by this Agreement, as well as:
Booking Cancellation Policy (https://www.iflot.com/politica-otmeny/en),
Code of Conduct and Operations (https://www.iflot.com/pravila/en),
Cookie Terms and Conditions (https://www.iflot.com/cookie-terms/en)
Data Processing Agreement (https://www.iflot.com/data-processing/en)
Data Sharing Agreement (https://www.iflot.com/data-sharing/en)
as well as documents of AYFLOT LLC (OGRN: 1215000017770):
License Agreement of AYFLOT Software for Mobile Devices (https://iflot.com/license/en),
Privacy Policy (https://www.iflot.com/politica/en), (hereinafter collectively referred to as the "Regulatory Documents").
1.3. After startingusing the Service (or its special functions), the User is considered as accepted this Agreement, as well as the terms of the Regulatory Documents, in full, without any reservations or exceptions. If the User disagrees with any of the provisions of the Agreement and/or Regulatory Documents, the User is not entitled to use the Service.
1.4. Ayflot has the right to change the provisions of this Agreement at any time without notifying the User, and AYFLOT LLC has the right to change the terms of the Regulatory Documents at any time without notifying the User. The current version of this Agreement is posted permanently at: https://iflot.com/terms/en. The risk of non-reading the new version of the Agreement and the Regulatory Documents is responsibility of the User, and continued use of the Service after the change of the Agreement or the Regulatory Documents is considered as acceptance of new version.
1.5. If Ayflot has made any changes to this Agreement, in the manner provided for in clause 1.4. of this Agreement with which the User does not agree, he is obliged to stop using the Service.
1.6. The Service offers to the User a free opportunity to post information about the User's potential demand for boat rental, as well as the opportunity to be informed about the offers of organizations that provide boats for rent (hereinafter referred to as the "Service Partners") and search for such offers according to the parameters specified by the User. All currently existing functions of the Service, as well as any development of them and / or addition of new ones, is the subject of this Agreement.
1.7. Depending on the User's region, all or some of the functions of the Service may be unavailable or limited. Functions are considered inaccessible (limited) for a User from a certain region, if such User cannot use them explicitly. The use of any technical and software methods to remove these restrictions is prohibited. The provisions of this Agreement governing the functions of the Service that are inaccessible (limited) for the User shall not apply until such functions become available to the User in an explicit form. Information about the availability of the functions of the Service in a particular region is provided to the User upon his request sent to Ayflot.
Depending on the User's region, if the User does not have access to the Internet, he may contact the Ayflot support service for assistance in using the Service. In this case, the Ayflot support specialist acts on behalf of and on behalf of the User, the rights and obligations under this Agreement arise directly from the User. Ayflot informs about the availability of such an opportunity on the Service website https://iflot.com, indicating the corresponding support phone number. In this Agreement, Ayflot support service means both internal service and specialists of Ayflot, and persons engaged by Ayflot on a contractual basis for the purposes of Ayflot support service. All conversations of the User with the specialists of the Ayflot support service, as well as with the Partners of the Service, may be recorded for the purpose of quality control and improvement of service.
1.8. By using the Service, the User agrees to receive advertising messages. The User has the right to refuse to receive advertising messages by using the corresponding functionality of the Service or by following the instructions specified in the received advertising message.
1.9. Ayflot and/or involved third parties have the right to collect opinions and feedback from Users on various issues of the operation of the Service for statistical purposes, to control the quality of the services provided, and also use the received data in depersonalized form for the operation of the Service. A survey of Users can be conducted by sending an informational message or communicating using the contact information specified by the User in the account (via phone calls or emails).
1.10. Ayflot may temporarily or permanently restrict the provision of the Service to the User without explaining the reasons, including in case of violation by the User of this Agreement, the order of the authorized body, causing damage to Ayflot or third parties (as well as to suppress such actions), creating a danger to others, protecting the rights and the legitimate interests of Ayflot and third parties, receiving repeated complaints about the actions of the User or persons in respect of whom the User posts information through the Service about the potential demand for renting a boat.
2. User registration. User account.
2.1. In order to use the Ayflot Service or certain individual functions of the Service, the User must go through the registration procedure, as a result of which a unique account will be created for the User. A user who has reached the age of 18 has the right to independently register an account and use the Ayflot services within the legal capacity established by applicable law. If the User has not reached the specified age, as well as in cases where this is required by applicable law, the use of the Service is allowed only with the consent of parents or other legal representatives. Individual Ayflot services may set other age limits, which may be additionally indicated in legal documents or in the interface/description of the site, application and/or other software product.
2.2. For registration, the User should provide accurate and complete information about himself on the questions in the registration form, and to keep this information up to date. If the User provides incorrect information or if Ayflot has reason to believe that the information provided by the User is incomplete or unreliable, Ayflot has the right, at its sole discretion, to block or delete the user's account and refuse the user to use its services (or their individual functions).
During registration, the User can upload an image for the account (avatar). The account image may accompany the materials published by the User as part of the use of Ayflot services. If the User's image is used as an account image, the User acknowledges and agrees that Ayflot has the right to publish and further use the User's image for use in Ayflot services, advertising products, corporate blogs and Ayflot accounts on third-party resources.
The User may at any time set up a name that may accompany the materials published by the User as part of the use of the Ayflot services, including comments, reviews of services or places, etc. (Name in comments and reviews). The User acknowledges and agrees that Ayflot has the right to publish and further use the Name specified by the User in comments and reviews in Ayflot services, advertising products, corporate blogs and Ayflot accounts on third-party resources. If the User has not configured the Name in comments and reviews, then the Name in comments and reviews will be displayed in the format: First Name and Last Name specified by the User in the registration form.
The account image and the Name in comments and reviews must comply with the requirements of clause 4.2.1 of this Agreement
2.3. Account Verification
2.3.1. Ayflot reserves the right at any time to require the User to confirm the data specified during registration in the User's account on the Ayflot services (including the data of the Linked Card) and containing information about the User, as well as other information related to the use of the Ayflot services, available To the User after authorization using the User's login and password on the services of Ayflot (its affiliates).
2.3.2. For the purpose of verifying the data declared by the User, Ayflot has the right to request supporting documents (in particular, identity documents), the failure to provide which, at the discretion of Ayflot, may be qualified as the provision of false information and lead to the consequences provided for in clause 2.2 of the Agreement. If the User's data specified in the documents provided by him do not correspond to the data specified during registration, and also in the event that the data specified during registration does not allow the User to be identified, Ayflot has the right to refuse the User access to the account and use Ayflot services
2.4. The User's personal information defined by the Privacy Policy and contained in the User's account is stored and processed by Ayflot in accordance with the terms of the Privacy Policy (https://www.iflot.com/politica/en).
2.5. Details for accessing the User's account.
2.5.1. The User has the opportunity to go through a simplified procedure for registering an account by specifying a mobile phone number and entering a passcode received on the User's mobile device to confirm registration. Subsequent authorization in the Ayflot services is carried out by the User through indicating the mobile phone number entered during registration and the confirmation code sent to it. In some cases, for authorization, the User may also be required to indicate the last name and first name provided during registration.
2.5.3 After the User logs into the account, the account data can be automatically saved on the device until the User completes work under his account and does not require additional input of account access details each time the Service is used.
2.6. The user is solely responsible for the security (including resistance to guessing) of the details chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or with the use of the Ayflot services under the User's account, including cases of the User's voluntary transfer of data to access the User's account to third parties on any terms (including under contracts or agreements). At the same time, all actions within using the services of Ayflot under the User's account are considered to be performed by the User, except for cases when the User, in the manner provided for in clause 2.7. and/or any violation (suspicion of violation) of the confidentiality of their details of access to the account (mobile phone number, password or two-factor authentication means).
2.7. The User is obliged to immediately notify Ayflot of any case of unauthorized (not authorized by the User) access to the Ayflot services using the User's account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently carry out a safe shutdown under his account (the "Exit" button) at the end of each session of work with the Ayflot services. Ayflot is not responsible for the possible loss or damage of data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Agreement.
2.8. User's use of his account.
2.8.1. The User is not entitled to reproduce, repeat and copy, sell and resell, as well as use for any commercial purposes any parts of the Ayflot services (including content available to the User through the services), or access to them, except in cases where the User has received such permission from Ayflot, or when it is expressly provided for by the user agreement of any service.
2.9. Termination of registration. Ayflot has the right to block or delete the User's account, as well as to prohibit access using any account to certain Ayflot services, and delete any content without explanation, including in case of violation by the User of the terms of the Agreement or the terms of other documents provided for in clause. 1.2 of the Agreement, as well as in case of non-use of the corresponding service.
2.10. Deleting a user account.
2.10.1. The user has the right to send a request to Ayflot to delete his account at any time.
2.10.2. Deleting an account in the Ayflot Service is carried out in the following order:
2.10.2.1. the account is automatically blocked for a period of one month, during which the User's access to his account becomes impossible, while the content posted using such an account may be deleted;
2.10.2.2. if within the above period the User's account is restored by the User, access to the account for the User will be restored, however, the content posted with its help could be recoverable;
2.10.2.3. if the User's account is not restored within the period specified above, all content posted using it will be automatically deleted. From this moment on, it is impossible to restore the account, any information related to it.
3. Use of the Service. Separate functions of the Service.
3.1. The Service is provided to the User for personal non-commercial use.
3.2. Boat rental information (hereinafter referred to as the "Information") provided by the Service Partners. To obtain more detailed information about the rental, the User can contact the support service using the functionality of the Service, requesting clarification from the Service Partner of the information of interest, or contact the Service Partner as soon as such an opportunity becomes available within the Program.
3.3. Ayflot is not responsible for the content and / or relevance of the information provided by the Service Partners, including information about the cost of rent, as well as its availability at the moment. Ayflot does not establish or regulate the cost of renting a boat. The Service Partner is the sole source for the formation of the tariff system and the cost of rent, which he instructs to place Ayflot within its Services.
3.4. The User may have access to the functions of evaluating the Service Partners, as well as posting comments/reviews about the Service and/or boat rental provided by the Service Partners. Ratings and reviews of Users are posted on the Service website, and may also be available on third-party websites. During the period of using these functions, the User should implement the requirements for the User's content provided for in sections 4, 5 of this User Agreement
3.4.1. Ayflot reserves the right to refuse to place any rating/review, as well as to delete/block the rating/review posted by the User at any time at its own discretion and without giving reasons.
3.5. Ayflot reserves the right, at its sole discretion, to restrict the User's access to the Service (or to certain functions of the Service, if technologically possible) using his account or to completely block the User's account in case of repeated violation of these Terms, or to take other measures against the User in order to compliance with the requirements of the law or the rights and legitimate interests of third parties.
3.6. Boats placed in the Service are represented by different classes and types. The assignment of a boat to a particular class/type is conducted on the basis of data on the characteristics of the boat provided by the Service Partners.
3.7. Interaction with the Service Partner
3.7.1. The User confirms the selected conditions and the Information provided by the Partners of the Boat Rental Service (including: location, boat, rental date/dates, embarkation and disembarkation times, rental amount, as well as the number of guests) by clicking the "Book" button. The booking is considered confirmed from the moment the funds are withdrawn from the User's bank account or from the Balance in the Personal Account of the Ayflot Program.
3.7.2. In the event that the booking is made according to the rental offer placed by the Service Partner in the Service, the Service Partner has the right to offer the Client to sign a boat lease agreement (time charter) in writing form. If such an agreement has not been offered and signed, then the User acknowledges that the boat lease agreement between the User and the Service Partner is considered signed on the terms and conditions posted at: https://iflot.com/offer-boat.
3.7.3. The interaction of the User with the Partners of the Service regarding the acquisition of services other than those offered by the Service in clause 1.6 is conducted by the User independently (without the participation of Ayflot) in accordance with the rules for the provision of services adopted by the Partners of the Service. Ayflot is not responsible for financial and any other transactions performed by the User and the Service Partners, as well as for any consequences of the User acquiring the services of the Service Partners.
3.7.4. The User who has used the services of the Service should not involve the Service Partner in renting a boat directly (without the participation of Ayflot) under the current booking in the Ayflot Service.
3.7.5. The User should arrive at the place of transfer of the boat indicated in the Information provided to the User from the Service Partner regarding the rental ordered by the User, no later than the time agreed with the Service Partner. Ayflot does not control the User and is not responsible for the untimely appearance of the User at the meeting place with the Service Partner.
3.7.6. The User, including his guests, should implement the Code of Conduct and Operations (https://www.iflot.com/pravila/en), as well as individual recommendations for being on the rented boat, approved by the Service Partner or his representative, during the entire rented period. The user is responsible for the actions of the guests.
3.7.7. The User is aware and confirms that in case of non-compliance with the above requirements, he is solely responsible and all the negative consequences that may occur during the rental process. At the same time, the Service Partner has the right to refuse to provide the User with a boat for rent in case of violation of the above requirements.
3.8. Cancellation of lease. Cancellation policy.
3.8.1. The User has the right to cancel the rental provided by the Service Partners in accordance with the terms of the Cancellation Policy (https://www.iflot.com/politica-otmeny/en).
3.8.2. The Service Partner may charge a fee for the User's cancellation of the Confirmed Booking, if such refusal occurred after the Service Partner accepted the order. The amount of such a fee is calculated in accordance with the Cancellation Policy (https://www.iflot.com/politica-otmeny/en).
The User cancels the lease of the boat by sending a corresponding notification to the Service Partner through the Service and/or through the Service support service, if it is not possible to contact the Service Partner.
3.8.3. The User who did not appear at the place of transfer of the boat specified in the order, specified in the information provided to the User from the Service Partner regarding the boat rental ordered by the User, within 15 (fifteen) minutes and / or did not warn the Service Partner about the probable delay, is considered to have refused to rent the boat according to the conditions stipulated by the Cancellation Policy (considered as a cancellation less than 12 hours before the start of the boat rental), unless otherwise provided by the rules of the Service Partner, or agreements between the User and the Service Partner or his representative.
3.9. Cashless payment function
3.9.1. Payment for the lease of the boat provided to the User in accordance with the information posted by him using the Service on the potential demand for the lease of the boat, can be made in the following way:
3.9.1.1. the user has access to the function of non-cash payment from the Linked bank card (clause 3.9.4 of this Agreement); in this case, Ayflot acts on behalf of the User with the involvement of an authorized operator for receiving payments represented by ALFA-BANK JSC, and is the recipient of the payment as an agent of the Service Partner (hereinafter referred to as "cashless payment"). Ayflot does not guarantee the absence of errors and failures in the operation of the Service regarding the provision of the possibility of cashless payment. The payment rules and payment security policy provided by the authorized operator of ALFA-BANK JSC are located at: https://www.iflot.com/oplata.
3.9.1.2. the user may have access to the function of debiting funds from the Balance in the User's personal account. Funds on the Balance are the cashback, i.e. accrued bonus from previously successfully completed boat charter bookings. The amount of cashback is equivalent to the monetary equivalent: one unit of cashback is equal to one y.e. Also, the Balance may display the amount that was returned to the User for a reservation canceled in accordance with the Cancellation Policy (https://www.iflot.com/politica-otmeny/en), if any. Up to 100% of the rental cost can be paid with funds on the Balance.
3.9.1.3. The choice of the appropriate form of payment should be made by the User in the interface of the Service. At the same time, if it is impossible for any reason to make a non-cash payment (including, but not limited to, the temporary technical unavailability of this function, the temporary or permanent impossibility of non-cash payment using the Linked Card, insufficient funds on the Linked Card), the User has the right to contact the Ayflot support service for help to resolve the issue. The user may be offered the opportunity to pay for the reservation (it is also the cost of rent) by transferring funds to bank account. At the same time, Ayflot performs actions on behalf of the User with the involvement of an authorized operator for receiving payments represented by ALFA-BANK JSC and is the recipient of the payment as an agent of the Service Partner.
3.9.2. With non-cash payment, at the discretion of Ayflot, it is possible to conduct one transaction for the full rental price, and several transactions for separate parts of the rental price. In this case, non-cash payment should be done by any of the specified methods within the time period provided by the Service.
3.9.3. In cases stipulated by applicable law, in non-cash payment, a cashier's check will be sent to a confirmed mobile phone number specified by the User when using the Service through a push notification of the "Ayflot" program for mobile devices, and is available to the User upon opening such a notification, if User has not disabled receiving push notifications for such a program. For questions related to the inability to open push notifications or a cash receipt, the User can contact the support service. For some versions of the "Ayflot" application for mobile devices, receiving push notifications is available provided that the application is inactive.
3.9.4. The linked bank card is indicated by the User in the interface of the Service, while the User indicates the following data:
Bank card number
Valid until
Security code
If the bank card details are correct, valid and the use of this card within the Service is technically possible, the specified bank card acquires the status of Linked and can be used for non-cash payments (clause 3.9.1.1 of this Agreement). All Linked Cards are displayed in the Service interface; for the convenience of the User, in relation to the Linked Card, the last 4 digits of the Linked Card number are displayed, which does not contradict clause 3.9.6. present agreement.
3.9.5. When adding the Linked Card, as well as if the User selects the function of non-cash payment for a specific rent, an amount within 5 y.e. is debited, which is necessary to confirm the accuracy and validity of the data of the Linked Card; in case of successful completion of the transaction, the specified amount is returned to the User. An unsuccessful attempt to debit the specified amount means that the Linked Card cannot be added and/or the cashless payment function is unavailable, respectively.
3.9.6. Ayflot does not have access to the bank card data specified by the User and is not responsible for the safety and confidentiality of the transmitted data when making a cashless payment. Non-cash payment is conducted by the User with the participation of an authorized operator for receiving payments represented by ALFA-BANK JSC and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other participants in transfers.
3.9.7. During specifying their data in accordance with clause 3.9.4 of these Terms and further using the Linked Card, the User confirms and guarantees that they provide accurate and complete information about a valid bank card issued in his name; compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including the requirements to the procedure for conducting non-cash payments.
3.9.8. The User understands and agrees that all actions performed within the Service using the mobile phone number confirmed by him, including non-cash payment using the Linked bank card, are considered to be performed by the User.
3.9.9. If User does not agree with the fact and / or amount of non-cash payment and other issues related to the use of the Linked Card within the Service, the User has the right to contact Ayflot by the phones supported by the Service and / or through the support (feedback) service interface within 14 days from the date of non-cash payment or other actions or events that caused the appeal.
If, based on the results of the verification on such an appeal, Ayflot decides to return the amount of non-cash payment in full or in part, the specified refund will be done to the bank account of the bank card from which the non-cash payment was made. The refund procedure will be conducted with the participation of an authorized operator for receiving payments represented by ALFA-BANK JSC or other participants in the settlement of information and technological interaction, and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other participants of settlements.
3.9.10. Ayflot reserves the right at any time to require the User to confirm the data specified by him within the Service, including the data of the Linked Card, and to request in this regard supporting documents (in particular, identity documents), failure to provide which, at the discretion Ayflot, may be qualified as provision of false information and entail the consequences provided for in clause 3.5 of this agreement.
4. General provisions for the use of the Ayflot Services
4.1. General provisions for use and storage
4.1.1. Ayflot has the right to put restrictions on the use of the Service for all Users, or for certain categories of Users (depending on the User's location, the language in which the service is provided, etc.), including: the presence / absence of certain functions of the service, storage period messages and any other content, the maximum number of messages that can be sent or received by one registered user, the maximum number of calls to the service for a specified period of time, the maximum content retention period, special parameters for downloadable content, etc. Ayflot may prohibit automatic access to its services, as well as stop accepting any automatically generated information (for example, email spam).
Ayflot, in order to protect the User's equipment and its own equipment, has the right to restrict the acceptance of any messages and their delivery to the User when such messages contain malicious programs or code, or when Ayflot's automatic filtering and anti-virus protection tools have detected the presence of such malicious programs or codes in these messages. The user is notified and agrees that Ayflot, for the indicated purposes, has the right to analyze and study such malicious programs and codes contained in these messages in order to improve the quality of the automatic filtering and anti-virus protection of Ayflot.
4.1.2. Ayflot has the right to send informational messages to the User. Ayflot also has the right to send advertising messages to the User, subject to obtaining consent in a manner that meets the requirements of the law, or provided that the User has not refused to receive advertising messages in relation to the relevant service (during registration, or later using the corresponding functionality).
The User agrees to Ayflot to notify other Users of the Service about the User's public actions, including the placement of new publications by him, about his actions in relation to the Content of other Users, as well as other activities performed by him within the Service.
4.1.3. In order to improve the quality of the services, Ayflot and/or persons involved by it to conduct a survey have the right to collect opinions and feedback from Users on various issues by sending an information message at the next visit by the User of the service or by communicating using the contact information specified by the User in the account (via phone calls or emails). The collected opinions and reviews can be used to generate statistical data that can be used in the Ayflot services. Reviews provided by the User during the survey may also be published by Ayflot in the services of Ayflot or in the services of persons affiliated with Ayflot, either with or without the User's name (login). When leaving feedback, the User undertakes to be guided by the requirements of this Agreement, including the requirements established by clause 5 of this Agreement.
4.1.4. The User is solely responsible to third parties for their actions related to the use of the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service.
4.1.5. During the use of Ayflot services, the User is not entitled to:
4.1.5.1. upload, post, transmit or in any other way post and/or distribute content that is illegal, harmful, libelous, offends morality, demonstrates (or is propaganda) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination against people on the basis of racial, ethnic, gender, religious, social characteristics, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, is advertising (or is propaganda) of sexual services (including under type of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
4.1.5.2. violate the rights of third parties, including minors and / or harm them in any form;
4.1.5.3. impersonate another person or representative of an organization and / or community without sufficient rights, including employees of Ayflot, moderators of forums and groups, the owner of the site, as well as use any other forms and methods of illegal representation of other persons on the network, as well as to mislead users or Ayflot regarding the properties and characteristics of any subjects or objects;
4.1.5.4. upload, send, transmit or in any other way place and / or distribute content, in the absence of rights to such actions under the law or any contractual relationship;
4.1.5.5. upload, send, transmit or in any other way place and / or distribute advertising information that is not specifically authorized, spam (including search), lists of other people's e-mail addresses, pyramid schemes, multi-level (network) marketing (MLM), Internet earning systems and e-mail businesses, "letters of happiness", as well as use the services of Ayflot to participate in these events, or use the services of Ayflot, solely to redirect users to pages of other domains;
4.1.5.6. upload, send, transmit or in any other way post and/or distribute any materials containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access , as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
4.1.5.7. collect and store personal data of other persons without authorization;
4.1.5.8. disrupt the normal operation of the websites and services of the iPhone;
4.1.5.9. promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
4.1.5.10. otherwise violate the norms of the law, including the norms of UAE local and international law.
4.2. Terms of posting and use of Content
4.2.1. User Content
4.2.1.1. The User is solely responsible for the compliance of the content posted by the User with the requirements of the current legislation, including liability to third parties in cases where the placement by the User of this or that content violates the rights and legitimate interests of third parties, including the personal moral rights of authors, other intellectual rights of third parties, and/or infringe their intangible benefits.
4.2.1.2. The User acknowledges and agrees that Ayflot is not obliged to view content of any kind posted and / or distributed by the User through the services of Ayflot, and that Ayflot has the right (but not the obligation) at its own discretion to refuse to place and / or distribute the content or remove any content that is available through the services of Ayflot. The User acknowledges and agrees that he should independently evaluate all risks associated with the use of content, including an assessment of the reliability, completeness or usefulness of this content.
4.2.1.3. The User acknowledges and agrees that the technology of the services may require copying (reproducing) the User's content by Ayflot, as well as processing it by Ayflot to meet the technical requirements of a particular service.
4.2.2. Exclusive rights to the content of services and content
4.2.2.2. All objects available through the services of Ayflot, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of the services), as well as any content posted on the services of Ayflot, are objects of the exclusive rights of Ayflot, Users and other right holders.
4.2.2.3. The use of content, as well as any other elements of the services, is possible only within the framework of the functionality offered by a particular service. No elements of the content of the Ayflot services, as well as any content posted on the Ayflot services, may be used in any other way without the prior permission of the copyright holder. The 'use' definition includes: reproduction, copying, processing, distribution on any basis, display in a frame, etc. The exceptions are cases expressly provided for by the legislation of the UAE or the terms of use of a particular Ayflot service.
The use by the User of the elements of the content of the services, as well as any content for personal non-commercial use, is allowed with provision that all signs of copyright protection, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author / title of the right holder is preserved unchanged, keeping the corresponding object unchanged. The exceptions are cases expressly provided for by the legislation of the UAE or user agreements of a particular Ayflot service.
4.2.3. Third Party Sites and Content
4.2.3.1. The Ayflot Services may contain links to other sites on the Internet (third party sites). These third parties and their content are not checked by Ayflot for compliance with certain requirements (authenticity, completeness, legality, etc.). Ayflot is not responsible for any information, materials posted on third party websites to which the User gains access using the services, including any opinions or statements expressed on third party websites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
4.2.3.2. A link (in any form) to any site, product, service, any information of a commercial or non-commercial content posted on the Site does not constitute an endorsement or recommendation of these products (services, activities) by Ayflot, except as expressly indicated on the resources of Ayflot.
4.2.4. Advertising on Ayflot services
Ayflot is responsible for advertising placed by it on Ayflot services, within the limits stipulated by the legislation of the UAE
5. Privacy and personal data
5.1. The User gives Ayflot consent to the processing of personal information (including personal data) of the User or the person in respect of which the User places information through the Service about the potential demand for renting a boat for the purpose of providing the User or the person specified by the User with the Service. When the User uses the Service, the specified personal information is transferred to Ayflot LLC (OGRN: 1215000017770), for processing on the terms and for the purposes specified in the Privacy Policy of Ayflot LLC, available for at: https://www.iflot.com/politica/en.
5.1.1. Ayflot is using "Personal Data": any data relating to: (a) an identified natural person or (b) a natural person who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, ID number, online identifier, geographic location withou special features that express the physical, psychological, economic, cultural or social identity of that person.
5.1.2. Ayflot is not using "Sensitive Personal Data": any data that directly or indirectly reveals a natural person's family, racial origin, political, or philosophical opinions, religious beliefs, criminal records, biometric data, or any data related to the health of such person, such as his / her physical, psychological, mental, genetic or sexual condition, including information related to health care services that reveals his or her health status.
5.2. The User agrees that some personal information may also be transferred to or received from companies, including Mango Telecom LLC and other telecom operators providing services to Ayflot or the User, to the extent justified by the purposes of exercising the rights and legitimate interests of Ayflot and companies belonging to one a group of persons with Ayflot, including the formation of individual offers to the User within the framework of the Service.
5.3. The User guarantees that it is authorized to provide personal information of the person in respect of which the User places information through the Service on the potential demand for renting a boat for the purposes specified in this paragraph.
6. No Warranty, Limitation of Liability
6.1. The User uses the Service at his own risk. The Service is provided "as is". Ayflot does not assume any responsibility, including for the compliance of the Service with the goals of the User.
Ayflot does not control or warrant the availability, quality, suitability, or legality of any boats, or the truthfulness or accuracy of any descriptions, ratings, reviews, or other information about boats or Service Partners. Ayflot does not endorse any Service Partners, ship lists, or other services.
6.2. Ayflot does not warrant that:
The Service meets / will meet the requirements of the User;
The Service will be provided continuously, quickly, reliably and without errors;
The results that may be obtained using the Service will be accurate and reliable and may be used for any purpose or in any capacity (for example, to identify and / or confirm any facts);
The quality of any service, information, etc. obtained using the Service will meet the User's expectations.
6.3. Any information and / or materials (including downloadable software, letters, any instructions and guides for action, etc.) that the User gets access to using the Ayflot Services, the User can use at his own risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for the damage that this may cause to the computer and / or other technical device of the User or third parties, for loss of data or any other harm;
6.4. Ayflot is not responsible for any type of damages resulting from the User's use of the Ayflot Services or individual parts/functions of the Services.
6.5. Under any circumstances, Ayflot's liability is limited to USD 200.
6.6. The User agrees that it is solely responsible for compliance with any laws, rules or regulations applicable to the use of the Ayflot Services.
7. Other provisions
7.1. This Agreement is an agreement between the User and Ayflot regarding the procedure for using the services and replaces all previous agreements between the User and Ayflot.
7.2. This Agreement is governed by and construed in accordance with the laws of the UAE. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the UAE. All possible disputes arising from relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the UAE, according to the norms of UAE law. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" means both the legislation of the UAE and the legislation of the User's place of residence.
7.3. With regard to services provided under this Agreement free of charge, the rules on consumer protection provided for by the legislation of the UAE cannot be applicable to relations between the User and Ayflot.
7.4. Nothing in the Agreement can be understood as the establishment between the User and Ayflot of agency relations, partnership relations, relations on joint activities, personal employment relations, or any other relations not expressly provided for in the Agreement.
7.5. If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
7.6. Inaction on the part of Ayflot in the event of a violation by the User or other users of the provisions of the Agreements does not deprive Ayflot of the right to take appropriate actions to protect its interests later, and does not mean that Ayflot waives its rights in the event of subsequent similar or similar violations.
7.7. This Agreement is created in English and in some cases may be provided to the User for review in another language. In case of disputes between the English-language version of the Agreement and the version of the Agreement in a different language, the provisions of the English-language version of this Agreement shall apply.
AYFLOT LLC, OGRN 1215000017770
Address: 141078, region. Moskovskaya, Korolev, pr-kt Koroleva, d. 5D k. 1, premise 069 room 7, floor 6
Phone: 8 (499) 495-20-25
Opening hours 10:00-19:00
E-mail: info@iflot.com
1.1. The present User Agreement (hereinafter referred to as the "Agreement") is an offer of AYFLOT LLC (hereinafter referred to as "Ayflot") to an Internet user (hereinafter referred to as the "User") to use the Ayflot service (hereinafter referred to as the "Service") on the terms and conditions set forth in this Agreement with all requirements of UAE laws and regulations. The Agreement comes into force from the moment the User expresses his consent to its terms in the manner provided for in clause 1.3 of the Agreement.
1.2. The User's use of the Service is governed by this Agreement, as well as:
Booking Cancellation Policy (https://www.iflot.com/politica-otmeny/en),
Code of Conduct and Operations (https://www.iflot.com/pravila/en),
Cookie Terms and Conditions (https://www.iflot.com/cookie-terms/en)
Data Processing Agreement (https://www.iflot.com/data-processing/en)
Data Sharing Agreement (https://www.iflot.com/data-sharing/en)
as well as documents of AYFLOT LLC (OGRN: 1215000017770):
License Agreement of AYFLOT Software for Mobile Devices (https://iflot.com/license/en),
Privacy Policy (https://www.iflot.com/politica/en), (hereinafter collectively referred to as the "Regulatory Documents").
1.3. After startingusing the Service (or its special functions), the User is considered as accepted this Agreement, as well as the terms of the Regulatory Documents, in full, without any reservations or exceptions. If the User disagrees with any of the provisions of the Agreement and/or Regulatory Documents, the User is not entitled to use the Service.
1.4. Ayflot has the right to change the provisions of this Agreement at any time without notifying the User, and AYFLOT LLC has the right to change the terms of the Regulatory Documents at any time without notifying the User. The current version of this Agreement is posted permanently at: https://iflot.com/terms/en. The risk of non-reading the new version of the Agreement and the Regulatory Documents is responsibility of the User, and continued use of the Service after the change of the Agreement or the Regulatory Documents is considered as acceptance of new version.
1.5. If Ayflot has made any changes to this Agreement, in the manner provided for in clause 1.4. of this Agreement with which the User does not agree, he is obliged to stop using the Service.
1.6. The Service offers to the User a free opportunity to post information about the User's potential demand for boat rental, as well as the opportunity to be informed about the offers of organizations that provide boats for rent (hereinafter referred to as the "Service Partners") and search for such offers according to the parameters specified by the User. All currently existing functions of the Service, as well as any development of them and / or addition of new ones, is the subject of this Agreement.
1.7. Depending on the User's region, all or some of the functions of the Service may be unavailable or limited. Functions are considered inaccessible (limited) for a User from a certain region, if such User cannot use them explicitly. The use of any technical and software methods to remove these restrictions is prohibited. The provisions of this Agreement governing the functions of the Service that are inaccessible (limited) for the User shall not apply until such functions become available to the User in an explicit form. Information about the availability of the functions of the Service in a particular region is provided to the User upon his request sent to Ayflot.
Depending on the User's region, if the User does not have access to the Internet, he may contact the Ayflot support service for assistance in using the Service. In this case, the Ayflot support specialist acts on behalf of and on behalf of the User, the rights and obligations under this Agreement arise directly from the User. Ayflot informs about the availability of such an opportunity on the Service website https://iflot.com, indicating the corresponding support phone number. In this Agreement, Ayflot support service means both internal service and specialists of Ayflot, and persons engaged by Ayflot on a contractual basis for the purposes of Ayflot support service. All conversations of the User with the specialists of the Ayflot support service, as well as with the Partners of the Service, may be recorded for the purpose of quality control and improvement of service.
1.8. By using the Service, the User agrees to receive advertising messages. The User has the right to refuse to receive advertising messages by using the corresponding functionality of the Service or by following the instructions specified in the received advertising message.
1.9. Ayflot and/or involved third parties have the right to collect opinions and feedback from Users on various issues of the operation of the Service for statistical purposes, to control the quality of the services provided, and also use the received data in depersonalized form for the operation of the Service. A survey of Users can be conducted by sending an informational message or communicating using the contact information specified by the User in the account (via phone calls or emails).
1.10. Ayflot may temporarily or permanently restrict the provision of the Service to the User without explaining the reasons, including in case of violation by the User of this Agreement, the order of the authorized body, causing damage to Ayflot or third parties (as well as to suppress such actions), creating a danger to others, protecting the rights and the legitimate interests of Ayflot and third parties, receiving repeated complaints about the actions of the User or persons in respect of whom the User posts information through the Service about the potential demand for renting a boat.
2. User registration. User account.
2.1. In order to use the Ayflot Service or certain individual functions of the Service, the User must go through the registration procedure, as a result of which a unique account will be created for the User. A user who has reached the age of 18 has the right to independently register an account and use the Ayflot services within the legal capacity established by applicable law. If the User has not reached the specified age, as well as in cases where this is required by applicable law, the use of the Service is allowed only with the consent of parents or other legal representatives. Individual Ayflot services may set other age limits, which may be additionally indicated in legal documents or in the interface/description of the site, application and/or other software product.
2.2. For registration, the User should provide accurate and complete information about himself on the questions in the registration form, and to keep this information up to date. If the User provides incorrect information or if Ayflot has reason to believe that the information provided by the User is incomplete or unreliable, Ayflot has the right, at its sole discretion, to block or delete the user's account and refuse the user to use its services (or their individual functions).
During registration, the User can upload an image for the account (avatar). The account image may accompany the materials published by the User as part of the use of Ayflot services. If the User's image is used as an account image, the User acknowledges and agrees that Ayflot has the right to publish and further use the User's image for use in Ayflot services, advertising products, corporate blogs and Ayflot accounts on third-party resources.
The User may at any time set up a name that may accompany the materials published by the User as part of the use of the Ayflot services, including comments, reviews of services or places, etc. (Name in comments and reviews). The User acknowledges and agrees that Ayflot has the right to publish and further use the Name specified by the User in comments and reviews in Ayflot services, advertising products, corporate blogs and Ayflot accounts on third-party resources. If the User has not configured the Name in comments and reviews, then the Name in comments and reviews will be displayed in the format: First Name and Last Name specified by the User in the registration form.
The account image and the Name in comments and reviews must comply with the requirements of clause 4.2.1 of this Agreement
2.3. Account Verification
2.3.1. Ayflot reserves the right at any time to require the User to confirm the data specified during registration in the User's account on the Ayflot services (including the data of the Linked Card) and containing information about the User, as well as other information related to the use of the Ayflot services, available To the User after authorization using the User's login and password on the services of Ayflot (its affiliates).
2.3.2. For the purpose of verifying the data declared by the User, Ayflot has the right to request supporting documents (in particular, identity documents), the failure to provide which, at the discretion of Ayflot, may be qualified as the provision of false information and lead to the consequences provided for in clause 2.2 of the Agreement. If the User's data specified in the documents provided by him do not correspond to the data specified during registration, and also in the event that the data specified during registration does not allow the User to be identified, Ayflot has the right to refuse the User access to the account and use Ayflot services
2.4. The User's personal information defined by the Privacy Policy and contained in the User's account is stored and processed by Ayflot in accordance with the terms of the Privacy Policy (https://www.iflot.com/politica/en).
2.5. Details for accessing the User's account.
2.5.1. The User has the opportunity to go through a simplified procedure for registering an account by specifying a mobile phone number and entering a passcode received on the User's mobile device to confirm registration. Subsequent authorization in the Ayflot services is carried out by the User through indicating the mobile phone number entered during registration and the confirmation code sent to it. In some cases, for authorization, the User may also be required to indicate the last name and first name provided during registration.
2.5.3 After the User logs into the account, the account data can be automatically saved on the device until the User completes work under his account and does not require additional input of account access details each time the Service is used.
2.6. The user is solely responsible for the security (including resistance to guessing) of the details chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or with the use of the Ayflot services under the User's account, including cases of the User's voluntary transfer of data to access the User's account to third parties on any terms (including under contracts or agreements). At the same time, all actions within using the services of Ayflot under the User's account are considered to be performed by the User, except for cases when the User, in the manner provided for in clause 2.7. and/or any violation (suspicion of violation) of the confidentiality of their details of access to the account (mobile phone number, password or two-factor authentication means).
2.7. The User is obliged to immediately notify Ayflot of any case of unauthorized (not authorized by the User) access to the Ayflot services using the User's account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently carry out a safe shutdown under his account (the "Exit" button) at the end of each session of work with the Ayflot services. Ayflot is not responsible for the possible loss or damage of data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Agreement.
2.8. User's use of his account.
2.8.1. The User is not entitled to reproduce, repeat and copy, sell and resell, as well as use for any commercial purposes any parts of the Ayflot services (including content available to the User through the services), or access to them, except in cases where the User has received such permission from Ayflot, or when it is expressly provided for by the user agreement of any service.
2.9. Termination of registration. Ayflot has the right to block or delete the User's account, as well as to prohibit access using any account to certain Ayflot services, and delete any content without explanation, including in case of violation by the User of the terms of the Agreement or the terms of other documents provided for in clause. 1.2 of the Agreement, as well as in case of non-use of the corresponding service.
2.10. Deleting a user account.
2.10.1. The user has the right to send a request to Ayflot to delete his account at any time.
2.10.2. Deleting an account in the Ayflot Service is carried out in the following order:
2.10.2.1. the account is automatically blocked for a period of one month, during which the User's access to his account becomes impossible, while the content posted using such an account may be deleted;
2.10.2.2. if within the above period the User's account is restored by the User, access to the account for the User will be restored, however, the content posted with its help could be recoverable;
2.10.2.3. if the User's account is not restored within the period specified above, all content posted using it will be automatically deleted. From this moment on, it is impossible to restore the account, any information related to it.
3. Use of the Service. Separate functions of the Service.
3.1. The Service is provided to the User for personal non-commercial use.
3.2. Boat rental information (hereinafter referred to as the "Information") provided by the Service Partners. To obtain more detailed information about the rental, the User can contact the support service using the functionality of the Service, requesting clarification from the Service Partner of the information of interest, or contact the Service Partner as soon as such an opportunity becomes available within the Program.
3.3. Ayflot is not responsible for the content and / or relevance of the information provided by the Service Partners, including information about the cost of rent, as well as its availability at the moment. Ayflot does not establish or regulate the cost of renting a boat. The Service Partner is the sole source for the formation of the tariff system and the cost of rent, which he instructs to place Ayflot within its Services.
3.4. The User may have access to the functions of evaluating the Service Partners, as well as posting comments/reviews about the Service and/or boat rental provided by the Service Partners. Ratings and reviews of Users are posted on the Service website, and may also be available on third-party websites. During the period of using these functions, the User should implement the requirements for the User's content provided for in sections 4, 5 of this User Agreement
3.4.1. Ayflot reserves the right to refuse to place any rating/review, as well as to delete/block the rating/review posted by the User at any time at its own discretion and without giving reasons.
3.5. Ayflot reserves the right, at its sole discretion, to restrict the User's access to the Service (or to certain functions of the Service, if technologically possible) using his account or to completely block the User's account in case of repeated violation of these Terms, or to take other measures against the User in order to compliance with the requirements of the law or the rights and legitimate interests of third parties.
3.6. Boats placed in the Service are represented by different classes and types. The assignment of a boat to a particular class/type is conducted on the basis of data on the characteristics of the boat provided by the Service Partners.
3.7. Interaction with the Service Partner
3.7.1. The User confirms the selected conditions and the Information provided by the Partners of the Boat Rental Service (including: location, boat, rental date/dates, embarkation and disembarkation times, rental amount, as well as the number of guests) by clicking the "Book" button. The booking is considered confirmed from the moment the funds are withdrawn from the User's bank account or from the Balance in the Personal Account of the Ayflot Program.
3.7.2. In the event that the booking is made according to the rental offer placed by the Service Partner in the Service, the Service Partner has the right to offer the Client to sign a boat lease agreement (time charter) in writing form. If such an agreement has not been offered and signed, then the User acknowledges that the boat lease agreement between the User and the Service Partner is considered signed on the terms and conditions posted at: https://iflot.com/offer-boat.
3.7.3. The interaction of the User with the Partners of the Service regarding the acquisition of services other than those offered by the Service in clause 1.6 is conducted by the User independently (without the participation of Ayflot) in accordance with the rules for the provision of services adopted by the Partners of the Service. Ayflot is not responsible for financial and any other transactions performed by the User and the Service Partners, as well as for any consequences of the User acquiring the services of the Service Partners.
3.7.4. The User who has used the services of the Service should not involve the Service Partner in renting a boat directly (without the participation of Ayflot) under the current booking in the Ayflot Service.
3.7.5. The User should arrive at the place of transfer of the boat indicated in the Information provided to the User from the Service Partner regarding the rental ordered by the User, no later than the time agreed with the Service Partner. Ayflot does not control the User and is not responsible for the untimely appearance of the User at the meeting place with the Service Partner.
3.7.6. The User, including his guests, should implement the Code of Conduct and Operations (https://www.iflot.com/pravila/en), as well as individual recommendations for being on the rented boat, approved by the Service Partner or his representative, during the entire rented period. The user is responsible for the actions of the guests.
3.7.7. The User is aware and confirms that in case of non-compliance with the above requirements, he is solely responsible and all the negative consequences that may occur during the rental process. At the same time, the Service Partner has the right to refuse to provide the User with a boat for rent in case of violation of the above requirements.
3.8. Cancellation of lease. Cancellation policy.
3.8.1. The User has the right to cancel the rental provided by the Service Partners in accordance with the terms of the Cancellation Policy (https://www.iflot.com/politica-otmeny/en).
3.8.2. The Service Partner may charge a fee for the User's cancellation of the Confirmed Booking, if such refusal occurred after the Service Partner accepted the order. The amount of such a fee is calculated in accordance with the Cancellation Policy (https://www.iflot.com/politica-otmeny/en).
The User cancels the lease of the boat by sending a corresponding notification to the Service Partner through the Service and/or through the Service support service, if it is not possible to contact the Service Partner.
3.8.3. The User who did not appear at the place of transfer of the boat specified in the order, specified in the information provided to the User from the Service Partner regarding the boat rental ordered by the User, within 15 (fifteen) minutes and / or did not warn the Service Partner about the probable delay, is considered to have refused to rent the boat according to the conditions stipulated by the Cancellation Policy (considered as a cancellation less than 12 hours before the start of the boat rental), unless otherwise provided by the rules of the Service Partner, or agreements between the User and the Service Partner or his representative.
3.9. Cashless payment function
3.9.1. Payment for the lease of the boat provided to the User in accordance with the information posted by him using the Service on the potential demand for the lease of the boat, can be made in the following way:
3.9.1.1. the user has access to the function of non-cash payment from the Linked bank card (clause 3.9.4 of this Agreement); in this case, Ayflot acts on behalf of the User with the involvement of an authorized operator for receiving payments represented by ALFA-BANK JSC, and is the recipient of the payment as an agent of the Service Partner (hereinafter referred to as "cashless payment"). Ayflot does not guarantee the absence of errors and failures in the operation of the Service regarding the provision of the possibility of cashless payment. The payment rules and payment security policy provided by the authorized operator of ALFA-BANK JSC are located at: https://www.iflot.com/oplata.
3.9.1.2. the user may have access to the function of debiting funds from the Balance in the User's personal account. Funds on the Balance are the cashback, i.e. accrued bonus from previously successfully completed boat charter bookings. The amount of cashback is equivalent to the monetary equivalent: one unit of cashback is equal to one y.e. Also, the Balance may display the amount that was returned to the User for a reservation canceled in accordance with the Cancellation Policy (https://www.iflot.com/politica-otmeny/en), if any. Up to 100% of the rental cost can be paid with funds on the Balance.
3.9.1.3. The choice of the appropriate form of payment should be made by the User in the interface of the Service. At the same time, if it is impossible for any reason to make a non-cash payment (including, but not limited to, the temporary technical unavailability of this function, the temporary or permanent impossibility of non-cash payment using the Linked Card, insufficient funds on the Linked Card), the User has the right to contact the Ayflot support service for help to resolve the issue. The user may be offered the opportunity to pay for the reservation (it is also the cost of rent) by transferring funds to bank account. At the same time, Ayflot performs actions on behalf of the User with the involvement of an authorized operator for receiving payments represented by ALFA-BANK JSC and is the recipient of the payment as an agent of the Service Partner.
3.9.2. With non-cash payment, at the discretion of Ayflot, it is possible to conduct one transaction for the full rental price, and several transactions for separate parts of the rental price. In this case, non-cash payment should be done by any of the specified methods within the time period provided by the Service.
3.9.3. In cases stipulated by applicable law, in non-cash payment, a cashier's check will be sent to a confirmed mobile phone number specified by the User when using the Service through a push notification of the "Ayflot" program for mobile devices, and is available to the User upon opening such a notification, if User has not disabled receiving push notifications for such a program. For questions related to the inability to open push notifications or a cash receipt, the User can contact the support service. For some versions of the "Ayflot" application for mobile devices, receiving push notifications is available provided that the application is inactive.
3.9.4. The linked bank card is indicated by the User in the interface of the Service, while the User indicates the following data:
Bank card number
Valid until
Security code
If the bank card details are correct, valid and the use of this card within the Service is technically possible, the specified bank card acquires the status of Linked and can be used for non-cash payments (clause 3.9.1.1 of this Agreement). All Linked Cards are displayed in the Service interface; for the convenience of the User, in relation to the Linked Card, the last 4 digits of the Linked Card number are displayed, which does not contradict clause 3.9.6. present agreement.
3.9.5. When adding the Linked Card, as well as if the User selects the function of non-cash payment for a specific rent, an amount within 5 y.e. is debited, which is necessary to confirm the accuracy and validity of the data of the Linked Card; in case of successful completion of the transaction, the specified amount is returned to the User. An unsuccessful attempt to debit the specified amount means that the Linked Card cannot be added and/or the cashless payment function is unavailable, respectively.
3.9.6. Ayflot does not have access to the bank card data specified by the User and is not responsible for the safety and confidentiality of the transmitted data when making a cashless payment. Non-cash payment is conducted by the User with the participation of an authorized operator for receiving payments represented by ALFA-BANK JSC and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other participants in transfers.
3.9.7. During specifying their data in accordance with clause 3.9.4 of these Terms and further using the Linked Card, the User confirms and guarantees that they provide accurate and complete information about a valid bank card issued in his name; compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including the requirements to the procedure for conducting non-cash payments.
3.9.8. The User understands and agrees that all actions performed within the Service using the mobile phone number confirmed by him, including non-cash payment using the Linked bank card, are considered to be performed by the User.
3.9.9. If User does not agree with the fact and / or amount of non-cash payment and other issues related to the use of the Linked Card within the Service, the User has the right to contact Ayflot by the phones supported by the Service and / or through the support (feedback) service interface within 14 days from the date of non-cash payment or other actions or events that caused the appeal.
If, based on the results of the verification on such an appeal, Ayflot decides to return the amount of non-cash payment in full or in part, the specified refund will be done to the bank account of the bank card from which the non-cash payment was made. The refund procedure will be conducted with the participation of an authorized operator for receiving payments represented by ALFA-BANK JSC or other participants in the settlement of information and technological interaction, and is governed by the rules of international payment systems, banks (including the issuing bank of the Linked Card) and other participants of settlements.
3.9.10. Ayflot reserves the right at any time to require the User to confirm the data specified by him within the Service, including the data of the Linked Card, and to request in this regard supporting documents (in particular, identity documents), failure to provide which, at the discretion Ayflot, may be qualified as provision of false information and entail the consequences provided for in clause 3.5 of this agreement.
4. General provisions for the use of the Ayflot Services
4.1. General provisions for use and storage
4.1.1. Ayflot has the right to put restrictions on the use of the Service for all Users, or for certain categories of Users (depending on the User's location, the language in which the service is provided, etc.), including: the presence / absence of certain functions of the service, storage period messages and any other content, the maximum number of messages that can be sent or received by one registered user, the maximum number of calls to the service for a specified period of time, the maximum content retention period, special parameters for downloadable content, etc. Ayflot may prohibit automatic access to its services, as well as stop accepting any automatically generated information (for example, email spam).
Ayflot, in order to protect the User's equipment and its own equipment, has the right to restrict the acceptance of any messages and their delivery to the User when such messages contain malicious programs or code, or when Ayflot's automatic filtering and anti-virus protection tools have detected the presence of such malicious programs or codes in these messages. The user is notified and agrees that Ayflot, for the indicated purposes, has the right to analyze and study such malicious programs and codes contained in these messages in order to improve the quality of the automatic filtering and anti-virus protection of Ayflot.
4.1.2. Ayflot has the right to send informational messages to the User. Ayflot also has the right to send advertising messages to the User, subject to obtaining consent in a manner that meets the requirements of the law, or provided that the User has not refused to receive advertising messages in relation to the relevant service (during registration, or later using the corresponding functionality).
The User agrees to Ayflot to notify other Users of the Service about the User's public actions, including the placement of new publications by him, about his actions in relation to the Content of other Users, as well as other activities performed by him within the Service.
4.1.3. In order to improve the quality of the services, Ayflot and/or persons involved by it to conduct a survey have the right to collect opinions and feedback from Users on various issues by sending an information message at the next visit by the User of the service or by communicating using the contact information specified by the User in the account (via phone calls or emails). The collected opinions and reviews can be used to generate statistical data that can be used in the Ayflot services. Reviews provided by the User during the survey may also be published by Ayflot in the services of Ayflot or in the services of persons affiliated with Ayflot, either with or without the User's name (login). When leaving feedback, the User undertakes to be guided by the requirements of this Agreement, including the requirements established by clause 5 of this Agreement.
4.1.4. The User is solely responsible to third parties for their actions related to the use of the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service.
4.1.5. During the use of Ayflot services, the User is not entitled to:
4.1.5.1. upload, post, transmit or in any other way post and/or distribute content that is illegal, harmful, libelous, offends morality, demonstrates (or is propaganda) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination against people on the basis of racial, ethnic, gender, religious, social characteristics, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, is advertising (or is propaganda) of sexual services (including under type of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
4.1.5.2. violate the rights of third parties, including minors and / or harm them in any form;
4.1.5.3. impersonate another person or representative of an organization and / or community without sufficient rights, including employees of Ayflot, moderators of forums and groups, the owner of the site, as well as use any other forms and methods of illegal representation of other persons on the network, as well as to mislead users or Ayflot regarding the properties and characteristics of any subjects or objects;
4.1.5.4. upload, send, transmit or in any other way place and / or distribute content, in the absence of rights to such actions under the law or any contractual relationship;
4.1.5.5. upload, send, transmit or in any other way place and / or distribute advertising information that is not specifically authorized, spam (including search), lists of other people's e-mail addresses, pyramid schemes, multi-level (network) marketing (MLM), Internet earning systems and e-mail businesses, "letters of happiness", as well as use the services of Ayflot to participate in these events, or use the services of Ayflot, solely to redirect users to pages of other domains;
4.1.5.6. upload, send, transmit or in any other way post and/or distribute any materials containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access , as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
4.1.5.7. collect and store personal data of other persons without authorization;
4.1.5.8. disrupt the normal operation of the websites and services of the iPhone;
4.1.5.9. promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
4.1.5.10. otherwise violate the norms of the law, including the norms of UAE local and international law.
4.2. Terms of posting and use of Content
4.2.1. User Content
4.2.1.1. The User is solely responsible for the compliance of the content posted by the User with the requirements of the current legislation, including liability to third parties in cases where the placement by the User of this or that content violates the rights and legitimate interests of third parties, including the personal moral rights of authors, other intellectual rights of third parties, and/or infringe their intangible benefits.
4.2.1.2. The User acknowledges and agrees that Ayflot is not obliged to view content of any kind posted and / or distributed by the User through the services of Ayflot, and that Ayflot has the right (but not the obligation) at its own discretion to refuse to place and / or distribute the content or remove any content that is available through the services of Ayflot. The User acknowledges and agrees that he should independently evaluate all risks associated with the use of content, including an assessment of the reliability, completeness or usefulness of this content.
4.2.1.3. The User acknowledges and agrees that the technology of the services may require copying (reproducing) the User's content by Ayflot, as well as processing it by Ayflot to meet the technical requirements of a particular service.
4.2.2. Exclusive rights to the content of services and content
4.2.2.2. All objects available through the services of Ayflot, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of the services), as well as any content posted on the services of Ayflot, are objects of the exclusive rights of Ayflot, Users and other right holders.
4.2.2.3. The use of content, as well as any other elements of the services, is possible only within the framework of the functionality offered by a particular service. No elements of the content of the Ayflot services, as well as any content posted on the Ayflot services, may be used in any other way without the prior permission of the copyright holder. The 'use' definition includes: reproduction, copying, processing, distribution on any basis, display in a frame, etc. The exceptions are cases expressly provided for by the legislation of the UAE or the terms of use of a particular Ayflot service.
The use by the User of the elements of the content of the services, as well as any content for personal non-commercial use, is allowed with provision that all signs of copyright protection, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author / title of the right holder is preserved unchanged, keeping the corresponding object unchanged. The exceptions are cases expressly provided for by the legislation of the UAE or user agreements of a particular Ayflot service.
4.2.3. Third Party Sites and Content
4.2.3.1. The Ayflot Services may contain links to other sites on the Internet (third party sites). These third parties and their content are not checked by Ayflot for compliance with certain requirements (authenticity, completeness, legality, etc.). Ayflot is not responsible for any information, materials posted on third party websites to which the User gains access using the services, including any opinions or statements expressed on third party websites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
4.2.3.2. A link (in any form) to any site, product, service, any information of a commercial or non-commercial content posted on the Site does not constitute an endorsement or recommendation of these products (services, activities) by Ayflot, except as expressly indicated on the resources of Ayflot.
4.2.4. Advertising on Ayflot services
Ayflot is responsible for advertising placed by it on Ayflot services, within the limits stipulated by the legislation of the UAE
5. Privacy and personal data
5.1. The User gives Ayflot consent to the processing of personal information (including personal data) of the User or the person in respect of which the User places information through the Service about the potential demand for renting a boat for the purpose of providing the User or the person specified by the User with the Service. When the User uses the Service, the specified personal information is transferred to Ayflot LLC (OGRN: 1215000017770), for processing on the terms and for the purposes specified in the Privacy Policy of Ayflot LLC, available for at: https://www.iflot.com/politica/en.
5.1.1. Ayflot is using "Personal Data": any data relating to: (a) an identified natural person or (b) a natural person who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, ID number, online identifier, geographic location withou special features that express the physical, psychological, economic, cultural or social identity of that person.
5.1.2. Ayflot is not using "Sensitive Personal Data": any data that directly or indirectly reveals a natural person's family, racial origin, political, or philosophical opinions, religious beliefs, criminal records, biometric data, or any data related to the health of such person, such as his / her physical, psychological, mental, genetic or sexual condition, including information related to health care services that reveals his or her health status.
5.2. The User agrees that some personal information may also be transferred to or received from companies, including Mango Telecom LLC and other telecom operators providing services to Ayflot or the User, to the extent justified by the purposes of exercising the rights and legitimate interests of Ayflot and companies belonging to one a group of persons with Ayflot, including the formation of individual offers to the User within the framework of the Service.
5.3. The User guarantees that it is authorized to provide personal information of the person in respect of which the User places information through the Service on the potential demand for renting a boat for the purposes specified in this paragraph.
6. No Warranty, Limitation of Liability
6.1. The User uses the Service at his own risk. The Service is provided "as is". Ayflot does not assume any responsibility, including for the compliance of the Service with the goals of the User.
Ayflot does not control or warrant the availability, quality, suitability, or legality of any boats, or the truthfulness or accuracy of any descriptions, ratings, reviews, or other information about boats or Service Partners. Ayflot does not endorse any Service Partners, ship lists, or other services.
6.2. Ayflot does not warrant that:
The Service meets / will meet the requirements of the User;
The Service will be provided continuously, quickly, reliably and without errors;
The results that may be obtained using the Service will be accurate and reliable and may be used for any purpose or in any capacity (for example, to identify and / or confirm any facts);
The quality of any service, information, etc. obtained using the Service will meet the User's expectations.
6.3. Any information and / or materials (including downloadable software, letters, any instructions and guides for action, etc.) that the User gets access to using the Ayflot Services, the User can use at his own risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for the damage that this may cause to the computer and / or other technical device of the User or third parties, for loss of data or any other harm;
6.4. Ayflot is not responsible for any type of damages resulting from the User's use of the Ayflot Services or individual parts/functions of the Services.
6.5. Under any circumstances, Ayflot's liability is limited to USD 200.
6.6. The User agrees that it is solely responsible for compliance with any laws, rules or regulations applicable to the use of the Ayflot Services.
7. Other provisions
7.1. This Agreement is an agreement between the User and Ayflot regarding the procedure for using the services and replaces all previous agreements between the User and Ayflot.
7.2. This Agreement is governed by and construed in accordance with the laws of the UAE. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the UAE. All possible disputes arising from relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the UAE, according to the norms of UAE law. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" means both the legislation of the UAE and the legislation of the User's place of residence.
7.3. With regard to services provided under this Agreement free of charge, the rules on consumer protection provided for by the legislation of the UAE cannot be applicable to relations between the User and Ayflot.
7.4. Nothing in the Agreement can be understood as the establishment between the User and Ayflot of agency relations, partnership relations, relations on joint activities, personal employment relations, or any other relations not expressly provided for in the Agreement.
7.5. If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
7.6. Inaction on the part of Ayflot in the event of a violation by the User or other users of the provisions of the Agreements does not deprive Ayflot of the right to take appropriate actions to protect its interests later, and does not mean that Ayflot waives its rights in the event of subsequent similar or similar violations.
7.7. This Agreement is created in English and in some cases may be provided to the User for review in another language. In case of disputes between the English-language version of the Agreement and the version of the Agreement in a different language, the provisions of the English-language version of this Agreement shall apply.
AYFLOT LLC, OGRN 1215000017770
Address: 141078, region. Moskovskaya, Korolev, pr-kt Koroleva, d. 5D k. 1, premise 069 room 7, floor 6
Phone: 8 (499) 495-20-25
Opening hours 10:00-19:00
E-mail: info@iflot.com
