1. General provisions
1.1. The subject of this website User Agreement (hereinafter referred to as the "Agreement") is the relationship between ODAK Group LLC TIN 7720527668 (OGRN 1057747090268) (hereinafter referred to as the "Aggregator") and the Internet user (hereinafter referred to as the "User"), collectively referred to as the "Parties" arising from the use of the Internet resource YEREVAN TRAVEL ("hereinafter referred to as the "Website"), including all levels of the specified domain, on the terms specified in this Agreement.
1.2. The Agreement comes into force from the moment the User expresses consent to its terms in the manner provided for in clause 1.3 of the Agreement and is valid indefinitely. The Aggregator offers Users access to the Site, its services, functionality, including means of ordering goods, delivery, payment and other services provided by the Site.
1.3. All currently existing functionality of the Site, as well as the addition of new services of the Site are governed by this Agreement, as well as the terms of contracts and agreements concluded between the User and the Aggregator, if their subject matter is related to the User's use of the Site. The Terms may be changed by the Aggregator without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on the page at https://yerevantravel.ru/polzo .... The Agreement uses the terms defined in the Terms of the Order and Delivery, located on the Internet at https://yerevantravel.ru/polzo ...
1.4. The User under the Agreement is both a person who has passed the registration procedure on the Site, as a result of which an account was created, and a person who accesses the functionality of the Site, the employees of the Aggregator's contact center, to the Aggregator via e-mail, fax and other means of communication, including when placing an Order, without creating an account.
1.5. By using the Website, any functionality of the Website and/or any service and/or its individual functions, the User is deemed to have accepted the terms of the current Agreement in full, without any reservations and exceptions. If the User does not agree with any provisions of the Agreement, the User does not have the right to use the Site. If the Aggregator has made any changes to the Agreement in the manner provided for in this paragraph, with which the User does not agree, he is obliged to stop using the Site.
1.6. The functionality of the Website is provided to the User free of charge, unless specifically stated otherwise. The provision of individual services by the Aggregator is regulated by special agreements and/or rules.
2. User Account
2.1.1. In order to gain access to a certain functionality of the Site and /or to order goods and services, the User must complete the registration procedure, as a result of which a unique account will be created for the User.
Registration is a set of User actions in accordance with the instructions specified on the Site, including the provision of data and other information performed by the User when placing an Order on the Site for the first time or directly using a special registration form of the user interface of the Site in order to gain access to various Site functionality and the formation of a personal account. A personal account is a personal section of the User on the Site associated with the User's account on the Site, in which the User can interact with the Aggregator on the terms proposed by the Aggregator.
One unique account can be created for one User. Creating more than one account for one person is a violation of this Agreement.
2.1.2. When performing the registration procedure, the User confirms that he is an adult and fully capable individual, capable of performing any actions related to the use of the Site, its functionality and / or services, as well as concluding agreements and contracts with the Aggregator.
To register, the User undertakes to provide reliable and complete information about himself on the proposed issues and to keep this information up to date. If the User provides incorrect information or the Aggregator has reason to believe that the information provided by the User is incomplete and/or unreliable, the Aggregator has the right, at its discretion, to block or delete the User's account and refuse the User to use the Site, its functionality and its services, as well as terminate contractual obligations arising from the User's actions.
2.1.3. The Aggregator reserves the right to require the User to confirm the data specified during registration, as well as to request in this regard at any time supporting documents, the failure of which, at the discretion of the Aggregator, may be equated to the provision of false information and entail the consequences provided for in clause 2.1.2 of the Agreement. If the User's data specified in the documents provided by him does not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow identifying the User, the Aggregator has the right to deny the User access to the account and use of the functionality of the Site and the Aggregator's services.
The documents certifying the identity of the User include a passport of a citizen of the Russian Federation, a driver's license, a sailor's passport, a military ID, a passport of a foreign citizen, a document certifying the identity of a foreign citizen. Forgery of a User's identity card or other official document granting rights or releasing from obligations for the purpose of its use is a criminal offense under the legislation of the Russian Federation.
2.1.4. Upon completion of the registration procedure, the User independently sets a password to access the account. The Aggregator has the right to set requirements for login and password (length, allowed characters, etc.). The User's phone number or the User's email address is used as the User's login. Subsequently, the User has the right, in agreement with the Aggregator, to change his login and password, while the entire history of the relationship and obligations of the User and the Aggregator is preserved.
The User registration procedure is carried out in accordance with the rules established by this Agreement and the current interface of the Site. Account registration is carried out to one e-mail address and the User's phone number once. Re-registration of a new account on the Site using the email address and phone number previously specified during registration is not allowed.
For the purposes of this Agreement, after confirming the User's registration, the commission of any User actions causes the rights and obligations of the User to arise.
2.1.5. In order to comply with the requirements of applicable legislation, the Aggregator identifies the User, including on the basis of documents provided by the User.
2.1.6. All actions of the User authorized on the Site, performed using the User's unique username and password, his e-mail address specified during registration on the Site, the Parties recognize as committed using a simple electronic signature of the User. Orders placed using the Site, as well as messages sent from the User's contact email address, are recognized as equivalent to a document signed by the User himself.
2.1.7. Users authorized on the Site may have access to additional functionality of the Site and the opportunity to enter into various legal relations with the Aggregator, conclude agreements and contracts with the Aggregator.
2.2. Termination of account use
2.2.1. The Aggregator has the right to block or delete the User's account, as well as to prohibit access using any account to the Site and its functionality, including in case of violation by the User of this Agreement or the terms of other documents regulating the relationship between the User and the Aggregator.
2.2.2. Regardless of the deletion of their account on the Site, all obligations of the User towards the Aggregator, including valid orders for the services and services of the Aggregator carried out through the functionality of the Site, remain in force until they are fully fulfilled by the User, unless the Aggregator has expressly released the User from these obligations.
2.3. User's Personal Data
2.3.1. In the process of using the Site and the functionality provided by the Aggregator through the Site (including when registering, editing an account, placing an order for any goods and services through the Site functionality, but not limited to the above), the User independently and voluntarily decides to provide the Aggregator with information about the User for the purposes of fulfilling the Agreement and the relevant contracts and agreements concluded between the Aggregator and the User, as well as for the purposes of processing personal data, provided for by the legislation of the Russian Federation, as well as all other agreements and contracts already existing or subject to conclusion in the future between the Aggregator and the User, and hereby declares its consent to the processing by the Aggregator and persons belonging to the Aggregator group of companies of the User's personal and other data, their transfer for processing to third parties acting on behalf of the Aggregator including for the following purposes, but not limited to the following: providing consulting support to Users in connection with the use of the Site, obtaining statistical and analytical data to improve the functioning of the Site, receiving informational and/or advertising messages from the Aggregator, preventing or suppressing illegal and/or unauthorized actions of Users or third parties, ensuring compliance with the requirements of applicable legislation. The Aggregator takes all necessary measures to protect the User's personal data from unauthorized access by third parties.
2.3.2. The Aggregator, on behalf of the User and in order to fulfill the User's Orders, provides the Sellers and Operators of Payment Systems with the User's Personal Data (payer and/or recipient of the Order) in the following volume and in the following cases for their processing for the purposes specified below:
• after the Seller confirms the User's Order, for the purposes of executing the User's Order, in addition to the list of ordered goods, their quantity, cost, estimated delivery date, required date and time of shipment, as well as other information, the Aggregator informs the Seller, solely for the purpose of executing the Order by the Seller, the surname, first name, patronymic, phone number, address the User's email address, information about the method of delivery of the goods (in the case of delivery by means of the Seller, also the surname, first name, patronymic, delivery address and phone number of the recipient of the Goods, if the recipient of the Goods differs from the User (Buyer), information about the method and status of payment for the Goods;
• in case of receipt of a request for the return of Goods purchased on the Site, in order to consider the claims for return and return — the surname, first name, patronymic of the person who applied for the return of the goods, the number of the identity document, information about the issuing authority and the date of issue, phone number, email address, number and the date of the Order, information about the method and condition of the return of the goods;
• in cases stipulated by the Personal Data Processing Policy and other user documents of the Site, including on condition that the Aggregator receives a statement about the violation of intellectual or other rights of third parties, in order to settle the claims received — in respect of each of the individuals indicated in the statement as the rightholder, another affected person or his representative: surname, name, patronymic, information about the number of the identity document, the issuing authority and the date of issue, telephone and (or) fax number, e-mail address; other information contained in the application;
• in case of receiving other statements, reviews, claims, complaints, messages or documents addressed to the Seller — in order to prepare a response and take the necessary measures – no more than the amount received by the Aggregator.
In other cases and for purposes described in the Personal Data Processing Policy and other user documents.
2.3.3. The Aggregator has the right to use the received Personal Data of the User and other persons exclusively for the purposes provided for in this section of the Agreement, and is obliged to stop such use when the specified processing purposes are achieved.
2.3.4. All information about the User (regardless of whether or not the applicable legislation relates such information to personal or other data subject to protection), posted by the User on the Site / transmitted by the User to the Aggregator, is posted / transmitted by them in the interests of the User.
2.3.5. The Aggregator collects and stores only the personal information that is necessary for the provision of Website functions, the provision of its services and for the execution of agreements and contracts with the User, except in cases where the legislation provides for the mandatory storage of personal information for a period specified by law.
The Aggregator stores the User's personal information in accordance with the requirements of the legislation of the Russian Federation and with the Personal Data Processing Policy at: https://yerevantravel.ru/politika-obrabotki-personalnyh-dannyh .
2.4. Safety and Responsibility
2.4.1. The User is solely responsible for the security (resistance to guessing) of the means of access to the account chosen by him, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the functionality of the Site and the Aggregator services under the User account. The User undertakes not to transfer data for access to the User account to third parties on any terms (including contracts or agreements). At the same time, all actions within or using the functionality of the Site and /or Aggregator services under the User account are considered to be performed by the User himself.
2.4.2. The User is obliged to immediately notify the Aggregator of any case of unauthorized (not authorized by the User) access to the Site using the User account and / or of 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 perform a secure shutdown under his account at the end of each session of work with the Site. The Aggregator is not responsible for the consequences of any nature that may occur due to the User's violation of the provisions of this part of the Terms.
2.4.3. It is not allowed to use, distribute, copy and/or extract from the Site manually or automatically (using automated programs: scripts, bots, crawlers) any materials or information. Any such use, distribution, copying of Site information is illegal, and the Aggregator reserves the right to counteract such illegal actions.
3. Consent to receive messages
3.1. The Aggregator has the right to send informational and advertising messages to its users.
3.1.1. When using the Website through the corresponding Website interface, the User, in accordance with part 1 of Article 44.1 of the Federal Law "On Communications" Federal Law No. 126-FZ of 07.07.2003, gives his consent to receive informational messages, including receipt of cash receipts in electronic form. Providing the User with the specified information is necessary for their use of the Site's services. If the User does not agree with the terms of this subparagraph, he should refrain from using the Aggregator's services.
3.1.2. When using the Site, the User also, in accordance with part 1 of Article 18 of the Federal Law "On Advertising" dated 13.03.2006 N 38-FZ, gives his consent to receive advertising messages through the appropriate interface of the Site.
3.2. The User has the right to refuse further receipt of advertising messages by clicking on the appropriate link in the received information / advertising message, if any, or by contacting the Website support service via e-mail, or by leaving a corresponding request by contacting the Aggregator's Contact Center by phone. A user who in one way or another has expressed consent to receive advertising messages and has not refused to receive them is a Subscriber to the Site.
4. Rules for ordering goods
4.1. A database is available to the User on the Website, which is an information and reference system containing information about goods/services intended for potential buyers /consumers of goods/services. The information about the goods/services presented on the Website is based on the information provided by the Sellers.
4.2. For certain product offers on the Website, the User is given the opportunity to place an order for a Product (Service) in the Seller's stores (hereinafter referred to as the "Order"). By placing an Order, the User agrees to the terms set forth in this Agreement, the Terms of the Order and Delivery, if applicable. Certain functionality of the Service may differ or be unavailable to the User on the pages of the Site optimized for mobile devices or in a mobile application.
4.2.1. If there are several product offers from different Sellers for one Product and / or Service, in order to provide the User with the opportunity to make the most convenient and profitable order on the Site, the following criteria are taken into account when displaying product offers, but not limited to the above: the cost of the product offer, the order execution period, accrued Bonus points, Loyalty Programs, percentage of confirmation by Sellers of the possibility of Order execution.
4.3. The aggregator is the owner of the aggregator of information about Goods in the sense established by the Law "On Consumer Rights Protection" of the Russian Federation dated 07.02.1992 N 2300-1. Placing an Order means expressing the User's intention to conclude a purchase and sale agreement with a certain Seller in relation to the selected Product and/or Service as its Buyer. The User understands that he enters into a purchase and sale agreement directly with the Seller, and not with the Aggregator. All rights and obligations under the contract of sale with the User arise from the Seller.
If the User refuses to execute the purchase contract, the notification of the refusal to execute the purchase contract is sent by the User directly to the Seller through the Aggregator in the manner provided for by the Terms of the order and delivery of goods https://yerevantravel.ru/vozvrat /.
4.4. When placing an Order, the User must provide reliable data regarding the identity of the recipient of the Order and the methods of communication with the User or other recipient of the Order. The User assumes all risks, including the risk of non-fulfillment or improper execution of the Order, in case the User specifies incorrect data.
4.5. The Aggregator provides the User with information support when placing an Order and its execution by the Seller. By placing an Order, the User agrees to receive informational messages from the Aggregator and (or) the delivery service and (or) the contact center, for example, emails, SMS messages and messages via other communication channels specified by the Buyer, with information about Order processing.
4.6. Information about Orders is available to the User in the User's Personal Account on the Website. The user can change or cancel the Order according to the Terms of the order and delivery.
5. Exclusive rights
5.1. All objects available on the Site, including design elements, text, graphics, illustrations, databases and other objects (hereinafter referred to as the content of the Site), as well as any content posted on the Site, are objects of the exclusive rights of the Aggregator or other copyright holders.
5.3. When uploading /adding any reviews to the Site, the User is responsible for the compliance of the content posted by the User with the requirements of current legislation, including liability to third parties in cases where the content of reviews violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties, and/or encroaches on the intangible benefits belonging to them.
When using the Site, the User does not have the right to leave reviews that are illegal, malicious, defamatory, violate intellectual property rights and copyrights.
5.4. The User acknowledges and agrees that the Aggregator does not check the reviews uploaded by the User through the Site. The User understands and agrees that he must independently assess all the risks associated with the placement of reviews on the Site, as well as reimburse all losses of the Aggregator in the event of any claims to the Aggregator in connection with the reviews left by the User on the Site.
5.5. In order to ensure the functioning of the Site, the exercise of the Aggregator's legitimate rights and interests, including the implementation of legal protection of the relevant objects, as well as for marketing purposes, the User grants the Aggregator a perpetual gratuitous right to use the reviews uploaded by Users in any way during the entire term of the exclusive right and Agreement.
6. Limitation of liability
6.1. The User uses the Website at his own risk. Taking into account the principles of the construction and functioning of the Internet, the functionality of the Site is provided "as is". The Aggregator does not assume any responsibility, including for the compliance of the Site with the User's goals.
6.2. The Aggregator provides Users with access to the Site and maintains the proper functioning of the Site, promptly restores its operability in case of technical failures and interruptions. However, the Aggregator does not provide guarantees of uninterrupted operation of the Site and compliance with any deadlines for restoring the Site's operability in case of interruptions in operation. The Aggregator does not guarantee that the Site meets / will meet the requirements and expectations of the User, as well as that the functionality of the Site will be provided continuously, quickly, reliably and without errors. The Aggregator takes the necessary measures to provide the User with a high-quality service, including during technical interruptions in the operation of the Site. All technical failures and system errors that have occurred should be reported to the Site's technical support email address.
6.3. The Aggregator is not responsible for non-fulfillment or improper fulfillment of its obligations due to failures in telecommunications and energy networks, malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling of the software and/or hardware complex of the Service.
6.4. The Aggregator is not responsible for any kind of User losses resulting from the User's use of the Site or its separate functionality.
6.5. The Agreement applies to all types of interaction between the User and the Aggregator, including, but not limited to, the following: any User actions performed through the Website interface, postal, SMS and electronic correspondence, communication with the Aggregator's contact center. The User undertakes to show respect, tolerance and attentiveness and clearly express his thoughts when communicating with the Aggregator's employees, not to use obscene language, as well as not to use insults and not to express his dissatisfaction in a rude form. If the User violates the provisions of this clause and other conditions set forth in this Agreement, the Aggregator reserves the right to restrict interaction with such User.
6.6. In case of claims or wishes to the Aggregator, as well as in case of detection of any alleged violation of property or personal non-property intellectual rights, as well as other personal non-property rights of third parties in connection with the content posted on the Site, the User must notify the Aggregator of his claim, wish or alleged violation by sending a statement or email notifications to email@example.com .
The period for consideration by the Aggregator of the claim is 7 (seven) working days, unless another special response period is expressly provided for by Russian legislation.
7. Other provisions
7.1. This Agreement is an agreement between the User and the Aggregator regarding the use of the Site.
7.2. This Agreement is governed by and interpreted in accordance with the legislation applicable to the legal relations of the User and the Aggregator for the Goods ordered using the Site/Services.
7.3. 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.
7.4. The Parties undertake to maintain confidentiality and, without the written consent of the other Party, not to disclose or make available to third parties any information that is the property of the other Party or has signs of such.
7.5. The Parties recognize all information received by the User in the course of the User's work with the Site and receiving the services of the Aggregator as confidential (confidential information).
7.6. The User undertakes not to disclose confidential information to anyone, except in cases provided for by applicable law in compliance with the requirements of authorities, law enforcement agencies or courts, or when such information is publicly available, or by mutual agreement of the Parties.
7.7. Information is not considered confidential if such information:
• is publicly available;
• was known to the receiving Party at the time of disclosure;
• disclosed unintentionally, despite taking the same precautions that the accused Party takes for its proprietary information.
The Party that violated this provision undertakes to compensate the second Party for all losses provided for by the current legislation that the second Party suffered in connection with the disclosure of information related to the performance of the Contract.
Aggregator: ODAK Group LLC
Legal address: 50 Svobodny Prospekt, Moscow, 110558
Postal address: 115088, Moscow, 2nd Yuzhnoportovy Ave., 16c9
State registration number 1057747090268
INN/KPP 7720527668 / 772001001
Current account 40702810038000047278
SBERBANK PJSC Bank
Bank identification code 44525225
Correspondent account 30101810400000000225
Phone +7 (495) 205 09 03