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1. Terms and definitions
CONTENT - Yanbada Llc (Identification Number: 402293399, Tbilisi, Georgia, Hualing Plaza 2C117, Tbilisi 0144, support@yanbada.com)
Website is a complex of Internet resources, including a website located on the Internet at www.yanbada.com, as well as Yanbada mobile applications, available for free download in the Google Play and App Store app stores.
Personal Account - a personal section of the User on the Site, provided to the User after completing the registration procedure on the Site and intended for using the Site Services.
User's Wallet is a section in the User's Personal Account through which you can deposit funds to your profile balance and pay for paid services of the Site.
Services - any functionality, tools and services available to Users on the Site (including posting, searching, viewing Advertisements, communication between Users).
User - Travel Guide, Hotel, Tourists, any other Internet user accessing the Site and using the Site Services.
Advertisement - an information message from the Travel Guides offering a travel trip together along his chosen route and for a fee set by him (or free of charge).
Travel Guide - the User who posted the Advertisement.
Tourist - a User who has accepted the Travel Guide’s offer to travel together as set out in the Advertisement.
A trip is a joint trip organized and agreed upon by the Travel Guide and the Tourist  through the Site.
Creating a trip - publishing a Trip Announcement on the Site. Publication is carried out through the “Create a trip” function by clicking on the “Publish” button.
Booking (response) is an action of the Tourist expressing his intention to take part in the Trip. The action is carried out by clicking on the “Book” button in the Advertisement. After completing all the actions offered by the Site by going to the “Reservation” page, the action is considered completed, and the Site counts the Booking in the Advertisement.
Booking limit – the maximum allowed number of Bookings that users can make in one Listing without expanding the booking limit.
Expanding the booking limit - increasing the Booking Limit by the value and on the conditions specified on the Site
Advertisement promotion is a set of visual and/or other solutions on the Site aimed at attracting more user attention to the Advertisement.
I take parcels - a set of visual and/or other solutions on the Site, providing users with the opportunity to:
For tourists - send a parcel
For travel guides – deliver a parcel
Information - any materials and information provided by the User when using the Site, including Advertisements, materials and information containing the User’s personal data, legally protected results of intellectual activity and means of individualization.
User Agreement (Agreement) - this user agreement, including all its integral parts.
2. Introductory provisions
2.1. The Site is a platform that provides Users, under the terms of the Agreement, with the opportunity to use the Services available on the Site, including posting, searching, viewing Advertisements, as well as the forms of communication provided by the Site for Users to coordinate a Trip.
2.2. This Agreement governs the relationship between CONTENT and Users arising solely when using the Site.
2.3. CONTENT is not a carrier, that is, a person providing any transport services, a transportation organizer, a Travel Guide, a Tourist, a person representing the interests of the Travel Guide and/or Tourist, as well as any other person in one way or another interested in the Trip.
2.4. This Agreement does not govern the relations of Users arising in connection with the preparation, implementation and completion of the Trip.
2.5. CONTENT does not directly or indirectly participate in any actions of the Travel Guide and/or Tourist, any transactions between the Travel Guide and Tourist made by them as a result of posting an Advertisement and other User Information on the Site, unless otherwise expressly provided for in the relevant section of the User Agreement.
2.6. CONTENT is not a mediator (arbitrator) in any disputes arising between Users, with the exception of resolving disputes on trips in which a reservation was made with the "Card" payment type.
2.7. Users pay all taxes and fees independently and independently, and take all necessary actions to do so on time and in accordance with the law.
3. Validity of the Agreement
3.1. Registration of the User on the Site, as well as the performance of any other actions related to the use of the Site, but without registration on the Site, means the User’s full, unconditional and unconditional consent to the Agreement, including all the conditions mentioned therein, as well as all applications , the rules thereto and is equivalent to the User’s own signature of the Agreement, all appendices thereto and its other integral parts. The parties fully acknowledge the legal force of this Agreement, all annexes to it and its other integral parts. In addition, the start of the User’s use of the Site means the User’s full confirmation that the User has all the rights and powers necessary to enter into and execute the Agreement. CONTENT has the right at any time to require the User to provide information and documents confirming the rights and powers of the User.
3.2. If the User disagrees with any of the provisions of the Agreement, the User has no right to use the Site. If the CONTENT makes any changes to the Agreement with which the User does not agree, he is obliged to stop using the Site.
3.3. The Agreement may be changed by CONTENT at any time without any special notice to the User. The new version of the Agreement comes into force from the moment it is posted on the Site.
3.4. Regular familiarization with the current version of the Agreement is the responsibility of the User. Use of the Site after the new version of the Agreement comes into force means the User agrees with it.
4. User registration on the Site
4.1. To obtain full access to all Services of the Site, the User must go through the registration procedure on the Site, as a result of which a unique account will be created for the User and access to the Personal Account will be provided. Registration on the Site is carried out by the User directly on the Site by filling out the registration card offered by the Site, or through the User’s account in one of the social networks (vk.com, facebook.com, ok.ru) without filling out the registration card offered by the Site.
4.2. To register, the User undertakes to provide accurate and complete information about himself and to keep this information up to date. If the User provides incorrect information or CONTENT has reason to believe that the information provided by the User is incomplete or unreliable, CONTENT has the right, at its sole discretion, to block or delete the User's account.
4.3. CONTENT reserves the right at any time to require the User to confirm the data specified during registration and to request supporting documents in this regard. In case of failure to provide documents requested by CONTENT, as well as in the event that the User’s data specified in the documents provided by him do not correspond to the data specified during registration, as well as in the case when the data specified during registration do not allow identifying the User, CONTENT has the right block or delete the User account.
4.4. When registering directly on the Site by filling out the registration card offered by the Site, the User independently chooses a password to access his account on the Site. When registering through the User's account on a social network, the password for the User's access to his account on the Site is the User's password set for his account on the corresponding social network.
4.5. With any method of registration on the Site, the User is independently responsible for the security (resistance to guessing) of his password, and also independently ensures its confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Site under the User’s account, including cases of voluntary transfer by the User of data to access the User’s account to third parties under any conditions (including under contracts or agreements) . In this case, all actions within or using the Site under the User’s account are considered to be carried out by the User himself, except for cases where the User, in the manner provided for in clause 4.6 of the Agreement, notified CONTENT about unauthorized access to the Site using the User’s account and/or about any violation (suspicion of violation) of the confidentiality of your password.
4.6. The User is obliged to immediately notify CONTENT of any case of unauthorized (not authorized by the User) access to the Site using the User's account and/or of any violation (suspicion of violation) of the confidentiality of his password. CONTENT is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to the User’s violation of the provisions of this part of the Agreement.
5. General rules for using the Site
5.1. The User must be guided by the rule that the use of the Site is possible solely for the purposes specified in clause 2.1 of the Agreement, and in accordance with the direct purpose of each Service.
5.2. In the process of using the Site (including when registering, interacting with other Users through the Site interface, posting Advertisements, etc.), the User undertakes to provide only reliable Information, as well as to monitor its relevance.
5.3. CONTENT has the right at any time to require the User to confirm the Information posted by him on the Site, and to request in this regard (if necessary) supporting documents. In case of failure to confirm the Information and/or failure to provide the requested documents within three business days from the date the User receives the request, CONTENT has the right to block or delete the User’s account, or delete the relevant Information posted by the User from the Site.
5.4. The User is solely responsible for the compliance of the content of the Information posted by him with the requirements of current legislation, including liability to third parties in cases where the User’s posting of certain Information violates the rights and legitimate interests of third parties.
5.5. Users are prohibited from using the Site to disseminate information containing violations of the requirements and prohibitions of the legislation of the Georgia (in particular, legislation on information, advertising, competition, trade, consumer protection, intellectual property).
5.6. Users are prohibited from using the Site to disseminate information that the User does not have the right to make available in accordance with the requirements of the legislation of the Georgia or in accordance with any agreement with third parties. The user is solely responsible, including to third parties, for violating this prohibition.
5.7. The photograph of the User and/or the User's vehicle may be verified. As a result of such verification, the photo of the user and/or the user's car:
- May not be allowed to be published on the Site;
- May be removed from the Site.
Deletion or non-admission of a photograph occurs without explanation.
5.8. Users are prohibited from personally publishing data about their phone number in their profile photo, car photo, User name, the “Comment” section in the Advertisement, the “place of departure” and “place of arrival” sections in the Advertisement, and in messages on the Site. For such a violation, the User may be blocked.
5.9. Users are prohibited from copying, selling, or using for any other commercial purposes information posted on the Site directly by CONTENT or other Users.
5.10. The User, by posting on the Site any information directly or indirectly related to the User (personal data, including, but not limited to: last name, first name, patronymic, gender, place of residence, date of birth, mobile phone number, email address), provides CONTENT your consent to the processing of personal data, including (but not exclusively) for the purposes of fulfilling the Agreement, checking Advertisements, preventing or suppressing illegal and/or unauthorized actions of Users or third parties, ensuring compliance with the requirements of the current legislation of the Georgia.
5.11. The User acknowledges and agrees that the technology of the Site may require copying (reproduction) of the User's Information by CONTENT, as well as processing of the Information to meet the technical requirements of the Site.
5.12. Users may only use the Site if they are at least eighteen (18) years of age. By registering on the Site, the User confirms and guarantees that he is 18 (eighteen) years of age or older, and that he is a legally competent person.
5.13. Users acknowledge and agree that when using the Site they are responsible for their actions independently.
6. Posting Advertisements
6.1. Posting Advertisements on the Site is possible only after the User registers on the Site.
6.2. Placing Advertisements with the selected payment method "Card" and "Cash or Card" is only possible in accordance with the Travel Rules
6.3. The Booking limit for each Listing is: 8 (eight) Bookings. The booking limit consists of each new Booking in one Advertisement.
6.4. The advertisement is promoted during the entire period of publication of the advertisement on the Site, except in cases where the Advertisement does not have free places for booking and the corresponding “No places available” mark is displayed.
6.5. If there are no empty seats in the Advertisement and the “No Seats” mark appears, Promotion of the Advertisement is stopped until the advertisement becomes available for reservation by Users.
6.6. In the Advertisement, it is prohibited to indicate any contact information of the User (or any other third party) in the “Comment” section, and/or in the User’s photo, and/or in the photo of the User’s car.
6.7. The User agrees that when posting Advertisements, payment methods may not be available to him: “Card” and/or “Cash or Card”.
7. Intellectual property
7.1. Exclusive rights to the Site and its constituent parts (components) belong to CONTENT.
7.2. The User has no right to use the Site in ways not provided for in the Agreement.
7.3. The User, by posting on the Site Information that is legally protected intellectual property, the exclusive rights to which belong to the User, grants CONTENT under a simple (non-exclusive) license the right to use this Information by any means, including for the purposes of promoting the Site, statistical and marketing research . This license is granted for the entire duration of the exclusive rights to the relevant Information and is valid throughout the world. The user provides CONTENT with consent to use the Information without indicating the name of the author, that is, anonymously.
7.4. The user, posting his photograph on the Site, in the manner prescribed by Art. 152.1 of the Civil Code of the Georgia, CONTENT provides consent to the use of its image (its photograph) in any materials and messages posted by CONTENT on the Site.
8. Limitation of Liability. Guarantees
8.1. The user uses the Site at his own risk.
8.2. CONTENT does not assume any responsibility, including for the compliance of the Site with the expectations, requirements and goals of the User.
8.3. CONTENT is not responsible for the content, accuracy and completeness of the Information posted by Users on the Site. CONTENT's responsibilities do not include checking the Information posted by Users on the Site for its accuracy and completeness.
8.4. The User independently assesses the reliability of the Information posted by other Users on the Site.
8.5. The User agrees to the level of quality of the Site that is offered at the time the User uses the Site. CONTENT is not responsible and does not compensate for damages associated with delays, failures in the operation of the Site or its individual Services, incorrect or untimely delivery of information to the User, deletion or failure to save any user information.
8.6. CONTENT does not guarantee that the Site Services will be provided uninterruptedly, quickly, reliably or without errors; the results that may be obtained using the Site Services will be accurate and reliable and may be used for any purpose or in any capacity.
8.7. CONTENT is not responsible for any types of losses and damage to intangible benefits (honor, dignity and business reputation) that occurred as a result of the User’s use of the Site or as a result of unauthorized access to the User’s equipment, Personal Account and other communications of the User.
8.8. Subject to what is set out in section 2 of the Agreement, CONTENT does not bear any responsibility for the actions and/or inactions of Users related to the preparation, implementation and completion of the Trip.
8.9. CONTENT does not bear any obligation to ensure confidentiality in relation to the Information posted by the User and/or transmitted by the CONTENT, unless there is a written agreement to the contrary or the relevant requirements of the current legislation of the Georgia.
8.10. The site may contain links to other resources on the Internet. The user acknowledges and agrees that CONTENT does not bear any responsibility for the availability or unavailability of these resources, for their content (content), as well as for any consequences associated with the use of these resources and/or their content. If the User decides to leave the Site and go to sites, other resources of third parties or use or install third-party programs, he does so at his own risk and from that moment the Agreement no longer applies to the User.
8.11. The User guarantees that, whenever posting Information on the Site, the User does not violate the intellectual and other rights and legitimate interests of third parties, and that the User has all the necessary authority to publish these materials on the Internet. This means that it is the User, and not the CONTENT, who is responsible for the violation of intellectual and other rights and legitimate interests of third parties if such a violation arose due to the User unreasonably giving this guarantee.
9. Payments and paid services
9.1 The services of the Site are free, unless otherwise established by the CONTENT tariffs published on the Site.
9.2 Users of the Site have the opportunity to subscribe for personal participation in the development of the Site and its capabilities or pay a voluntary, optional service fee. The capabilities of each paid service option are available on the page https://localshuttle.ru/bus
9.3 CONTENT is not a paying agent for settlements.
9.4. If the site has a CONTENT tariff for publishing an Advertisement, then the Travel Guide is required to make a Payment for publishing the Advertisement through the Wallet.
9.5. Payment for publishing an advertisement is made when posting an Advertisement on the Site through the User's Wallet and is blocked (“frozen”) for the entire duration of the posting of the Advertisement on the Site (from creation to cancellation or completion).
9.6. Payment for publication of the Advertisement is debited upon completion of the Trip Creation. The end of publication of the advertisement occurs at the moment of transition to the Site page “Trip created successfully” (https://localshuttle.pro/create-route/success).
At the end of the trip, the payment for publishing the Advertisement can be returned to the Wallet in accordance with the following rules:
Payment for publishing an Advertisement about a joint trip is returned to the User's Wallet if there were no responses to the trip (no one booked a place/s)
Payment for publishing an Advertisement about a joint trip is not returned to the User's Wallet if one or more tourists have responded to the trip (reserved a seat).
9.7. When you enable the “Set price above the recommended range” function, payment for publishing an Advertisement is not refundable.
9.8. The user makes payments to the CONTENT account, regardless of the chosen payment method. In this case, payment is considered made at the moment the funds are credited to the CONTENT account and the deposited amount is reflected on the “Wallet” tab in the User’s personal account.
9.9. Funds in the User's Wallet can only be used within the Site and are not subject to withdrawal (refund).
9.10. Confirmation of payment is sent to the Buyer in the manner provided for by the payment system of Bank of Georgia.
9.11. Payment for publication of Advertisements is made using the User's Wallet. The service is considered provided to the User at the time of payment for the Advertisement (or package of Advertisements). In case of subsequent removal of the Advertisement, the return of funds to the Wallet is carried out in accordance with the CONTENT rules posted on the site.
9.12. In case of deletion or blocking of the User Profile, unused funds in the Wallet will not be returned.
9.13 Payment for Extending the booking limit is made through the User's Wallet. In case of deletion or termination of publication of an Advertisement on the Site, Payment for Extension of booking limits is not refundable.
9.14. Payment for Promotion of an ad is made through the User's Wallet. In case of deletion or termination of publication of an Advertisement on the Site, the Payment for Promotion of the Advertisement is not refunded.
9.15. If the CONTENT tariff for Access to Bookings is set on the Site, then the User is required to make payment through the function of replenishing the User’s Wallet (through the payment gateway of BOG PJSC). The service is considered provided to the User at the time of payment for Access to Bookings.
9.16. The User agrees that he cannot pay for Access to Bookings from the balance in the User's Wallet.
9.17. Access to Bookings is provided to the User for the period of time specified on the Site. The period of time for which the User is provided with Access to Bookings begins from the moment the payment is made. Information about the end date and time of Access to Bookings is available in your Personal Account (User Profile).
9.18. Payment for access to Bookings is not refundable to the User.
9.19. The User has the right to pay for new Access to Bookings at the time of validity of the previously paid and valid period of Access to Bookings. In this case, the expiration date for Access to the Booking is increased by the period of the newly paid service. To pay for new Access to Bookings, you must use the “Extend Access to Bookings” function10. Final provisions
10.1. The Agreement comes into force from the moment the User begins using the Site (regardless of the fact of registration on the Site) and is valid indefinitely.
10.2. The User agrees that CONTENT has the right, at its own discretion, without notifying the User and without giving reasons, to unilaterally delete or block the User’s account, registration and other information of the User, as well as any Information posted by the User at any time.
10.3. CONTENT may at any time independently change, update, modify or close the Site and/or any of its Services without prior notice to the User.
10.4. The User expresses his consent to receive news and advertising information from CONTENT (including SMS messages and email messages) via the means of communication specified by the User when registering on the Site or subsequently in his Personal Account.
10.5. If for one reason or another one or more provisions of this Agreement are found to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of the Agreement.
10.6. Users independently take measures to resolve disputes that arise between them.
10.7. When resolving all disputes between CONTENT and the User under the Agreement, the current legislation of the Georgia is applied.
10.8. CONTENT and the User make every effort to resolve disputes and disagreements that arise between them during the period of validity of the Agreement through negotiations.
10.9. In case of failure to reach an agreement on controversial issues through negotiations, all disputes between CONTENT and the User arising under the Agreement must be referred to the arbitration court at the location of CONTENT or, if the dispute is not within the jurisdiction of the arbitration court, to a court of general jurisdiction in in accordance with the territorial jurisdiction at the location of the CONTENT.