USER AGREEMENT
The website owner is Taras Oleksiyovych Khmelovskyi, a sole trader (Tax Identification Number: 2609213694).
1. Definitions
In this User Agreement, the terms are used with the following meanings:
1.1. DVOYE – Taras Oleksiyovych Khmelovskyi, sole trader (Tax Identification Number: 2609213694), registered and operating in accordance with the laws of Ukraine. Provides services for the rental of Modules;
1.2. Tenant – any legally competent natural person who, at the time of concluding the Agreement, has reached the age of 18 (eighteen).
1.3. Services – services for the rental of Modules at DVOYE.
1.4. Agreement – this User Agreement.
1.5. Booking – the reservation of Modules at DVOYE by the Lessee for a specified period of time.
1.7. Website – the web page on the Internet at the following link: https://dvoye.com.ua
1.8. Payment System – a legal entity that processes and executes payments using bank cards and holds the relevant licence from the National Bank of Ukraine to carry out such activities.
1.9. Promo Code – a unique code generated by DVOYE, or at DVOYE’s request, which grants the Tenant a discount on the Services in an amount determined by DVOYE.
2. Subject Matter of the Agreement and its General Provisions
2.1. DVOYE provides, and the Tenant accepts and pays for, the Services provided by DVOYE to the Tenant.
2.2. This Agreement is a public contract concluded between DVOYE and the Tenant and governs the relations arising between DVOYE and the Tenant regarding the provision of the Services.
2.3. This Agreement, in its current version, is published on the Website.
2.4. This Agreement is concluded between DVOYE and the Tenant at the same time as the Tenant makes a Booking.
2.5. By making a Booking, the Tenant confirms that they have read and fully agree to the terms of this Agreement and the Privacy Policy, accept the offer to enter into the Agreement, and consent to the processing of their personal data.
2.6. Upon entering into the Agreement, the Tenant confirms that they have the necessary authority to do so and are not restricted by law, any other regulatory act, a court decision, or in any other way in their right to enter into and perform the Agreement.
3. Booking
3.1. To enter into the Agreement and receive the Services, the Tenant must make a Booking via the Website. The Tenant may not make a Booking without agreeing to the Agreement and the Privacy Policy.
3.2. When making a Booking, the Tenant shall provide their:
name;
email address;
telephone number.
3.3. DVOYE guarantees to the Tenant that DVOYE will not use the information provided by the Tenant during the Booking for any purposes other than the provision of the Services and the purposes set out in this Agreement.
3.4. The result of the Tenant’s Booking is the reservation of the Module for the Tenant for a specified period of time.
3.5. The Tenant is solely responsible for safeguarding the information required to access their own Booking and all information contained therein, without exception.
3.6. DVOYE guarantees to the Tenant that DVOYE will not take any action to disclose information regarding the Tenant’s Booking or the information contained therein, except in cases and to the extent necessary to provide such information:
to third parties to ensure that the Tenant receives the Services;
upon request by law enforcement agencies;
upon request by judicial authorities;
in other cases specified by the legislation of Ukraine.
3.7. DVOYE shall not be liable for the consequences of the Tenant losing information or access to information regarding their Booking.
4. Cost of services and payment procedure
4.1. DVOYE provides the Services to the Tenant on a fee-paying basis.
4.2. DVOYE independently determines the cost of its own Services.
4.3. The cost of DVOYE’s Services is indicated on the Website.
4.4. The cost of the Services may vary depending on the Module selected by the Tenant.
4.5. The cost of the Services is set in the national currency of Ukraine – the hryvnia.
4.6. The cost of the Services may be changed by DVOYE unilaterally prior to payment by the Tenant.
4.7. Payment for the Services may be made by the Tenant by non-cash means.
4.8. When paying for the Services by non-cash means, the Tenant will be redirected to the website of the Payment System through which the Tenant’s funds will be received and transferred.
4.9. DVOYE does not have access to, nor does it collect, record, use or process any information that is or may be directly or indirectly related to the Tenant’s bank cards or other payment details.
4.10. In the event of any questions or issues relating to payment for the Services, the Tenant must address such questions or resolve such issues directly with the Payment System.
4.11. DVOYE reserves the right not to provide the Services to a Tenant who has not paid for the Services.
Payment methods
5. Promo codes
5.1. DVOYE may provide the Tenant with promo codes.
5.2. To redeem a promo code, the Tenant must enter it in the ‘Add promo code’ field on the Website before making payment.
5.3. Terms of use for Promo Codes:
Promo Codes may not be copied, sold, transferred or disclosed;
Promotional codes may be deemed invalid or cancelled by DVOYE at any time and for any reason, or without cause;
Promotional codes are non-exchangeable and non-refundable;
Promotional codes will not be reissued if lost;
Promotional codes cannot be exchanged for cash or any other benefits.
6. Refusal to Provide Services
6.1. DVOYE reserves the right to refuse to provide Services to the Tenant (including cancelling the Tenant’s booking) in the following cases:
Breach by the Tenant of the terms of this Agreement;
Provision by the Tenant of inaccurate information during the Booking process;
If the Tenant’s actions result in or may result in a breach of DVOYE’s rights or the rights of third parties;
If the Tenant’s actions result in or may result in a breach of the applicable laws of Ukraine;
If the Tenant’s actions result in or may result in claims being made against DVOYE by third parties.
7. Refunds
7.1. The Tenant has the right to cancel the Services and request a refund in the cases specified in the Agreement.
7.2. To submit a refund request, the Tenant must provide DVOYE with the following information and documents:
Surname, first name and patronymic;
Taxpayer registration number;
Registered address;
Bank account number in IBAN format and the bank card number used to make the payment;
A scanned copy of the payment system receipt confirming payment for the Services.
7.3. Upon receipt of a request for a refund within the timeframe specified in this Agreement, and provided that the information and documents specified in this Agreement have been supplied, DVOYE shall refund the funds to the Tenant within 14 (fourteen) calendar days of the date of receipt of such a request.
7.4. Failure by the Tenant to comply with the time limit specified in this Agreement and/or failure by the Tenant to fulfil any of the conditions specified in this Agreement shall constitute grounds for refusing to refund the funds to the Tenant.
8. Booking Rules
8.1. DVOYE establishes the following check-in and check-out times for the Tenant:
Check-in: from 15:00;
Check-out: by 12:00;
8.2. The Tenant has the right to cancel the Booking.
8.3. If the Tenant cancels the Booking more than 14 calendar days (inclusive) prior to the check-in date, DVOYE shall refund the Tenant the full cost of the Services paid by them.
8.4. If the Tenant cancels the Booking less than 14 calendar days but more than 7 calendar days (inclusive) before the check-in date, DVOYE shall refund the Tenant half the cost of the Services paid for by the Tenant.
8.5. In the event of cancellation of the Booking by the Tenant less than 7 calendar days prior to the check-in date, DVOYE shall not refund the Tenant the cost of the Services paid by them.
9. AS IS
9.1. Services are provided by DVOYE on an “as is” basis. This means that DVOYE provides the Services, and the Tenant receives the Services in the form in which they can currently be provided, in accordance with DVOYE’s technical, operational and other capabilities, and that the Tenant accepts the Services in advance with all defects that have manifested themselves immediately or may manifest themselves in the future.
9.2. The Lessee shall not be entitled to make any claims or demands against DVOYE on the grounds that the Services do not meet any expectations or conditions not specified in this Agreement, or that the Website, the Payment System or any other third-party and/or related services may operate intermittently, unreliably or with certain errors.
10. Liability
10.1. DVOYE shall not be liable for:
The inability to provide the Services for reasons beyond DVOYE’s control;
The actions of any third parties;
Any damage or loss caused through no fault of DVOYE.
10.2. DVOYE shall be liable for any breach of the terms and conditions governing the provision of the Services.
10.3. The Lessee shall be liable for:
The destruction or damage of DVOYE’s property;
The use of the Module in breach of the terms of this Agreement;
10.4. DVOYE does not guarantee and shall not be liable for the ability or inability to make a payment by bank card via the Payment System, for the proper functioning of the Payment System, or for ensuring the confidentiality and security of the information provided to the Payment System by the Tenant for the purpose of making a payment by bank card.
10.5. DVOYE shall not be liable for any material or non-material damage, or any direct or indirect losses, which have been or may be caused to the Tenant as a result of force majeure.
10.6. The Tenant shall be liable for the risk of accidental destruction and/or accidental damage to DVOYE’s property up to the value of such property, or up to the cost of repairing such property. Payment for the cost of repair or for property destroyed through the Tenant’s fault must be made by the Tenant prior to the Tenant’s departure or within 1 (one) banking day of the Tenant receiving the relevant claim from DVOYE. In the event that the Tenant fails to pay the cost of restoration or repair of property destroyed through the Tenant’s fault within the time limit specified in this clause, the Tenant shall additionally be obliged to pay DVOYE a penalty of 10% of the cost of restoration or repair of property destroyed through the Tenant’s fault for every 10 calendar days of delay.
10.6. Notwithstanding any provisions set out in this Agreement, DVOYE declares, and the Tenant acknowledges and agrees, that any liability on the part of DVOYE shall be limited to the amount paid by the Tenant for the Services.
11. Collection and processing of personal data
11.1. All matters directly or indirectly related to the processing and protection of the Tenant’s personal data are governed by the Privacy Policy published on the Website.
11.2. By making a Booking, the Tenant confirms that they have read and fully agree to the Privacy Policy.
12. Applicable Law
12.1. This Agreement and the relations between the Parties not governed by this Agreement shall be governed by the laws of Ukraine and international law recognised by the State of Ukraine in accordance with the established procedure.
13. Amendments to this Agreement
13.1. DVOYE shall be entitled to unilaterally amend or supplement this Agreement, with or without notice to the Lessee, and the Lessee accepts this right of DVOYE and gives their irrevocable consent to DVOYE making such amendments and supplements.
13.2. If the Tenant continues to use DVOYE’s Services, this shall be deemed to constitute their unconditional acceptance of the amendments or additions made by DVOYE.
13.3. If the Tenant does not accept the amendments or additions made by DVOYE, they are obliged to notify DVOYE of this by sending a written notice to DVOYE’s address. In such a case, the Tenant shall not receive the Services and shall be entitled to a refund on the terms and in the manner set out in this Agreement.
14. Validity of Provisions
14.1. In the event that the provisions of this Agreement differ from those set out on the Website (including, but not limited to) and/or additional terms and conditions of the Services not specified in this Agreement but specified on the Website, the provisions set out on the Website shall apply.
14.2. If one or more provisions of this Agreement are held by a court to be invalid or void, all other provisions shall remain in full force and effect.
Company address: Urochysche Hory, village of Hryniv, Lviv Oblast, 81156
49.6873702, 24.2970251
