Public Offer Agreement with Users “SMART WAY GLOBAL LOGISTICS”

1. Definitions

1.1. Driver / Carrier – an individual, a User accessing the Application or Site “SMART WAY GLOBAL LOGISTICS”, the purpose of which is to provide customs and logistics services and other services

1.2. An individual is a person with civil legal capacity and full civil legal capacity who uses the Application, Website and / or Services for personal needs and / or commercial purposes and solely on his own behalf.

1.3. User of the Application, Site and / or Services – the Customer (Driver, Carrier) whose purpose is to order customs, logistics or other services.

1.4. Website – «https://smartway.global», informational resources available on the Internet using a domain name smartway.global (also through other domains).

1.5. The “SMART WAY GLOBAL LOGISTICS” application is a mobile application “SMART WAY GLOBAL LOGISTICS” which gives the Users the opportunity to order a complex of customs brokerage, logistics and other services in real time using the Internet, in order to safely, quickly pass by the Driver / Carrier customs borders, for the delivery of goods to their destination in safety and on time.

1.6. «SMART WAY GLOBAL LOGISTICS», — represented by Dalet Brok LLC provides customs and logistics services for international transport.

1.7. Service / Services – services provided to the Driver / Carrier (User) through the above Applications, the Site.

1.8. Order – a duly completed application in the Application “SMART WAY GLOBAL LOGISTICS” or on the Site for the registration of customs brokerage, logistics and other services.

2. General position

2.1. This Public Offer of the Agreement with Users “SMART WAY GLOBAL LOGISTICS” (hereinafter referred to as the “Agreement”) regulates, between you (“Driver” / “Carrier”), on the one hand, and SMART WAY GLOBAL LOGISTICS, represented by Dalet Brock LLC “on the other hand, the relationship arising from the functioning of the Site, Mobile Application SMART WAY GLOBAL LOGISTICS.

2.2. The User, by registering in the SMART WAY GLOBAL LOGISTICS Application, accepts this Agreement, unconditionally and unconditionally agrees with the conditions provided for by this Offer, and the obligations imposed on the User under this Offer and undertakes to comply with them.

2.3. This Agreement becomes available to the Driver / Carrier (User) upon entering the Site or Application. The use of the Site, the Application, any Services and / or registration of an account means confirmation of the consent of the Driver / Carrier with all the terms of this Agreement and their unconditional acceptance.

2.4. SMART WAY GLOBAL LOGISTICS reserves the right, at its sole discretion, to change the Agreement at any time without special prior and / or subsequent notification to the Driver / Carrier. The current version of the Agreement is always available at:
https://cabinet.smartway.global/terms. The continued use of the Site and / or the Application by the Driver / Carrier after any changes to the Agreement implies the unconditional consent of the Driver / Carrier to such changes.

3. Payment

3.1. The Driver / Carrier (User) pays for the services that he orders, based on the received notifications / invoices.

3.2. Conditions and procedure for returning funds to the user:

The User can apply for a refund in the event of an erroneous payment to the Service. Funds are returned to the user if an erroneous payment is found within 10 banking days from the date of receipt and consideration of the user’s request for a refund.

4. Limited liability SMART WAY GLOBAL LOGISTICS

4.1. The Driver / Carrier understands and agrees that SMART WAY GLOBAL LOGISTICS has the right, at its sole discretion and without special notice to the Driver / Carrier, to change the set of Services available to him and / or the functionality of the Application / Site.

4.2. The Driver / Carrier understands and agrees that SMART WAY GLOBAL LOGISTICS does not guarantee 100% error-free and uninterrupted operation of the Application / Site and / or Services and is not responsible for any possible damage caused to the Driver / Carrier and / or third parties by technical failures of the hardware and / or software on either side.

4.3. The Driver / Carrier understands and agrees that SMART WAY GLOBAL LOGISTICS does not guarantee the accuracy of information posted on the Website / Application by third parties, and is not responsible for any possible damage caused to the Driver / Carrier and / or third parties as a result of using the Application / Site / Services.

4.4. SMART WAY GLOBAL LOGISTICS reserves the right at any time, at its sole discretion, to suspend, restrict or terminate the Driver’s / Carrier’s access to the Website / Mobile Application, or to certain Services, including, but not exclusively, in case of violation by the Driver / Carrier of this Agreement and / or applicable law. At the same time, in cases of violations due to the fault of the Driver / Carrier.

5. Registration

5.1. In order to place orders and use the capabilities of the SMART WAY GLOBAL LOGISTICS Application / Site, the User must register in the SMART WAY GLOBAL LOGISTICS Application. When filling out the registration form in the Application, the User agrees with the terms of this Agreement and the Privacy Policy by confirming the item “I accept the terms of the Agreement”.

5.2. By filling out the registration form and entering data into the Profile, the User agrees to provide accurate and truthful information about himself. If the User provides false information about himself, SMART WAY GLOBAL LOGISTICS has the right to refuse the User to accept his order for work and / or refuse to provide services to such a person, and / or refuse access to the SMART WAY GLOBAL LOGISTICS Application.

5.3. The user is fully responsible for the security of his username and password, as well as for all actions that will be performed under his account in the SMART WAY GLOBAL LOGISTICS Application.

5.4. In the event that SMART WAY GLOBAL LOGISTICS suspects the user of committing illegal actions, including: false information, spreading spam, malware and other actions that violate the terms of this Agreement, SMART WAY GLOBAL LOGISTICS has the right to apply to the relevant state authorities with a statement and / or block and / or delete a user account.

5.5. Carrying out actions for registering an account, the Driver / Carrier guarantees that he is duly capable and fully capable.

5.6. The Driver / Carrier undertakes to provide in the registration data reliable information about himself and his vehicles, as well as a supporting document (driver’s license, or certificate of state registration, or an extract from the register, or passport).

5.7. The Driver / Carrier undertakes not to register or use more than one account at a time.

6. Personal Data and Privacy

6.1. The user with this Agreement grants SMART WAY GLOBAL LOGISTICS consent to the processing of personal data in accordance with Privacy policy.

6.2. By registering in the SMART WAY GLOBAL LOGISTICS Application, the User grants SMART WAY GLOBAL LOGISTICS the full right (permission) to process his personal data in order to properly receive services and conclude civil transactions, provide and / or transfer personal data to third parties in the manner and for grounds determined by the current legislation of Ukraine, without the need to report such actions. In the event of a change in the specific purpose of processing personal data, the User does not object to the processing of his personal data, if such a need is determined by the current legislation of Ukraine and / or internal documents of SMART WAY GLOBAL LOGISTICS, and also informs that he is familiar with the Law of Ukraine “On the Protection of Personal Data “. In addition, the User confirms the fact of notification of the inclusion of his personal data in the corresponding database of personal data, the purpose of collecting data and the persons to whom his personal data is transferred.

7. Carrier’s Use of Information

7.1. The Driver / Carrier undertakes not to use, without special permission from SMART WAY GLOBAL LOGISTICS, the Site, the Application and / or the Services for the message of any kind of advertising information and / or for the mass message of any information that does not correspond to the subject of the Site / Application (Services).

7.2. When uploading any photos or documents, the “Driver” / “Carrier” guarantees, that he has the right to use the document/photo for the purposes it is being uploaded on the site without violating the rules (including intellectual property rights).

7.3. By uploading any documents and / or images to the Application / Site in any way, the Driver / Carrier guarantees that he has the right to use the document / image for those purposes (placing an order and obtaining customs brokerage services) for which it is uploaded to the Site, Application without violating the rights (in particular, but not exclusively, intellectual property rights) of third parties, incl. fixed by any contractual obligations of the Driver / Carrier;

8. Composition and Action of the Terms of Use

8.1. To avoid confusion, the above rules are general and apply to all Services / sections of the Site / and the Application.

9. Contact with SMART WAY GLOBAL LOGISTICS

9.1. Information on how to contact Us is available in the Application in the “contact us” menu and on the “Contacts” page of the site, and you can also contact us by e-mail info@smartway.global