ATTENTION: please read the User Agreement before using the services of JSC "SmartRace" and the software tools provided by us. Registration on the website or through the application will mean your acceptance of the terms of the User Agreement.
If you do not agree with the terms of the User Agreement, do not register on the project website https://agrogo.pro/
Russian Federation, the city of Moscow
Revision No. 1 of 01.03.2023
Joint-Stock company "SmartRace", registered and operating in accordance with the legislation of the Russian Federation, represented by General Director Lebedev Roman Dmitrievich, acting on the basis of the Charter, on the one hand, and the person registered on the website https://agrogo.pro /, who accepted the offer to conclude a User Agreement, the text of which is constantly available on the Internet at https://agrogo.pro/agrogo_driver/docs/user_agreement
, and provided the information necessary for the conclusion of the User Agreement, on the other hand, have concluded a User Agreement on the following:1. Terms and definitions
1.1. In the User Agreement, unless otherwise explicitly follows from the text, the following terms will have the following meanings:
"Provider" - Joint Stock Company "SmartRace" (JSC "SmartRace"), ("SmartRace", JSC) OGRN 1227700062006, TIN 9731088529, location address: 121205 Moscow, the territory of the innovation center Skolkovo B-r Bolshoy d. 42 page 1, represented by Director Lebedev Roman Dmitrievich, acting on the basis of the Charter
"User" means any legal entity or individual entrepreneur who has concluded a User Agreement with the Provider, the subject of which is to grant the User a non-exclusive right to use the functionality of the Site and Application. The text of the User Agreement is constantly available on the Internet at: https://agrogo.pro/agrogo_driver/docs/user_agreement
"User Agreement" - the current version of the User Agreement, permanently posted at the address on the Internet https://agrogo.pro/agrogo_driver/docs/user_agreement
"Application" is a program for mobile devices published in the Rustore, Google Play, Nashestore and Apple Store application stores on behalf of SmartRace JSC, links to which are posted on the site, and which provide users with access to certain functions of the site after the conclusion of a User Agreement
"Website" - a set of information, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as computer programs contained in an information system that ensures the availability of such information on the Internet at a network address https://agrogo.pro / collectively containing information about road transport, customers of such transport, drivers, allowing you to find contractor for the carriage of goods (without concluding a contract for the carriage of goods on the Provider's website), track the location of the cargo during transportation, get information in the form of registers and documents about the transported cargo.
"EDO System" is an electronic document management system of "Diadoc", information about which is available at the Internet address http://www.diadoc.ru /, using which the Parties can exchange electronic documents signed with an electronic signature.
The electronic document management system "Takskom", information about which is available at the address on the Internet http://taxcom.ru /, using which the Parties can exchange electronic documents signed with an electronic signature.
Other similar electronic document management systems
"Parties" - Provider and User
1.2. All other terms found in the text of the User Agreement are interpreted by the Parties in accordance with the current legislation of the Russian Federation and the established usual rules of interpretation of the relevant terms.
1.3. Titles of headings (paragraphs) The User Agreement is intended solely for the convenience of using the text of the User Agreement and has no literal legal meaning.2. The procedure for concluding a User Agreement
2.1. The text of the User Agreement, permanently posted on the Internet at https://agrogo.pro/agrogo_driver/docs/user_agreement and in the Application, it contains all the essential terms of the User Agreement and is the Provider's offer to conclude a User Agreement with him on the terms specified in the text of the User Agreement.
Thus, the text of the User Agreement is an offer in accordance with the provisions of clause 2 of Article 437 of the Civil Code of the Russian Federation.
2.2. The proper acceptance of this offer in accordance with the provisions of Article 438 of the Civil Code of the Russian Federation is the consistent implementation of the following actions by a person:
2.2.1. Clicking on the link on the Website and/or in the Application to register as a User;
2.2.2. Familiarization with the terms of the User Agreement;
2.2.3. Filling in all fields in the registration form on the registration page on the Website and/or in the Application as a User;
2.2.5. Confirmation of agreement with the terms of the offer by clicking on the "Create account" button;
2.2.6. Entering a verification code on the Website or in the Application sent to the specified mobile phone number and/or email address.
2.3. The User Agreement, executed in the manner described above, is considered concluded in simple written form, does not require registration on paper and has full legal force.
2.4. From the moment of acceptance, the User is considered to have read and agreed with this offer, and in accordance with the Civil Code of the Russian Federation is considered to have entered into contractual relations with the Provider in accordance with the terms of the User Agreement.
2.5. The User Agreement is valid for 1 (one) year. The User Agreement is extended for the same period without concluding any additional agreement if none of the Parties has declared their intention to terminate the User Agreement upon expiration of its validity, the number of extensions of the User Agreement is unlimited.
The Party must send a statement of intent to terminate the User Agreement upon expiration of its validity to the other Party no later than 30 (thirty) calendar days before the date of the next expiration of the User Agreement.3. Subject of the User Agreement
3.1. The Provider provides the User with a free simple (non-exclusive) license to use the Site, Application and software available through the Site and Application for their intended purpose, as provided by the explicit functions of the Site and Application
3.2. Specified in paragraph
3.1 of the User Agreement a simple (non-exclusive) license is granted to the User, respectively, for the duration of the User Agreement, and within the territory where the Site and/ or Application remain accessible to the User.
3.3. For the avoidance of doubt, the User is prohibited:
3.3.1. circumvent the technical restrictions set on the Website and in the Application;
3.3.2. to study the technology, decompile or disassemble the Site and the Application, except in cases expressly provided for by the current legislation of the Russian Federation;
3.3.3. create copies of copies of the Site and Application, as well as its external design (design);
3.3.4. modify the Website and the Application in any way;
3.3.5. perform actions aimed at changing the functioning and operability of the Site and Application;
3.3.6. provide access to the personal account in the Application and/or on the Website to a third party;
3.3.7. perform the above actions in relation to any part of the Site and/ or Application.4. Use of the Website and Application
4.1. The User through the Website and the Application has the opportunity to:
4.1.1. Conclude contracts with the Provider by accepting the Provider's offers posted on the Website or in the Application.
4.1.2. To give orders to the Provider within the framework of contracts concluded with him, cancel and modify such orders in accordance with the terms of the concluded contracts.
4.1.3. To post offers to the Provider on the Website or in the Appendix for concluding contracts, cancel and modify their offers in accordance with their terms.
4.1.4. Receive information about the Provider's offers posted on the Website or in the Application.
4.1.5. Receive invitations to make offers to the Provider for the conclusion of contracts.
4.1.5. To receive information on the progress of execution of orders given to the Provider within the framework of contracts concluded with him.
4.1.5. To receive information about the acceptance of offers by the Provider.
4.1.6. Send to the Provider electronic documents certified with a simple electronic signature, which is recognized as authentication information (login and password) used to access the Site or Application.
4.1.7. Receive information from the Provider, including messages and notifications about legally significant actions.
4.1.5. Perform other actions provided for by the functionality of the Site or Application in the manner determined by the Provider.
4.2. The User is obliged to use the Site and Application in good faith, without violating the current legislation of the Russian Federation, the rights and freedoms of third parties, without using hardware or technical means capable of making changes to the operation of the Site or Application that are not provided for when their usual use.5. The procedure for accessing the Personal Profile
5.1. Upon completion of registration, the User is granted access to the Personal Profile on the Website and in the Application when entering authentication information (phone number and password).
5.2. If the User has logged out of his Personal Profile, to re-log in, enter the phone number in the advising field on the first screen of the Website or Application and click the "Get code" button, in the window that opens, enter the verification code from the SMS and click "Next", after which the user.
If the User's contact person has changed and the email address specified during registration is no longer available, the User must send the Provider the data to the new authorized person and a cover letter in free form with a request to register a new address. Documents and information should be sent to the address: 121205 Moscow, the territory of the Skolkovo Innovation Center, Bolshoy B-r, 42 page 1, JSC "SmartReis", or to the e-mail address indicated on the Website and in the Appendix. The password will be sent to the new email address within 1 (one) business day from the moment of receipt of the Documents and verification of the information contained therein.6. The order of interaction of the Parties
6.1. The Parties interact through the Website, Application, correspondence through authorized e-mail addresses and EDI Systems.
6.2. In order to use the functionality of the Website and Application and exchange primary accounting documents, the User must be registered in one of the EDO Systems (Taxcom (Filer), Tensor, Directum, Kaluga Astral, Cryptex, STC STACK, SKB Kontur (Dyadok), CJSC NTC, Argos, etc.).
6.3. By agreement of the Parties, the authentication information (phone number and code) used to access the Website or Application is considered a simple electronic signature based on Part 2 of Article 5 of Federal Law No. 63-FZ "On Electronic Signature". In accordance with the provisions of Part 2 of Article 6 of Federal Law No. 63-FZ "On Electronic Signature", information in electronic form posted by the user through the Website or Application after entering the phone number and code is considered signed with a simple electronic signature, and is recognized as an electronic document equivalent to a paper document.
In particular, confirmation of actions performed on the Website or in the Application by clicking on the button "Registration", "Complete registration", "Request an order", "Refuse an order", "Reject", "Accept", "Send", "Start a flight", "Arrived at the place of loading/unloading", "Take a photo of TTN", "Create a profile", "Create a new application", "Publish an application", "Repeat the application", "Delete the application", "Send a message", "Invite" by clicking the appropriate button, or other similar in meaning, are legally significant actions, creating or terminating the obligations of the Parties in accordance with the agreements concluded between them.
6.4. For the interaction of the User and the Provider, the User agrees to receive electronic messages and notifications generated and sent in the format of SMS messages, HLR requests, Push notifications, as well as messages and notifications sent via Viber Software products, Push notifications, E-mail, Telegram (Telegram), WhatsApp.
6.5. The User undertakes to log into the Personal Account on the Website or in the Application daily, as well as check the email address specified during registration.
6.6. The Parties hereby confirm that when executing (changing, supplementing, terminating) the User Agreement, other contracts concluded between them, as well as when conducting correspondence on related issues, it is allowed to use analogues of the handwritten signature of the Parties. The Parties confirm that all notifications, messages, agreements and documents within the framework of the fulfillment by the Parties of obligations arising from the User Agreement and other agreements signed by analogues of the handwritten signature of the Parties have legal force and are binding on the Parties. The analogues of a handwritten signature are understood, among other things, letters sent using authorized email addresses, or using authentication information (phone and code) to access the Site or Application.
6.7. The Parties acknowledge that all notifications, messages, agreements, documents and letters sent using authorized email addresses, through the Website and the Application, or posted in the EDI System, are considered to be sent and signed by the Parties. The User acknowledges that all actions performed using the personal account in the Application or on the Site (including sending notifications, messages and performing other actions provided for by the functionality of the Site and / or the Application) are considered committed by the User.
6.8. The authorized e-mail addresses of the Parties are recognized as:
· For letters sent to the Provider: firstname.lastname@example.org;
· For emails received from the Provider: email@example.com;
· For emails sent to the User and received from the User: the email address specified during registration on the Website and in the Application.
6.9. All notifications, messages, agreements, documents and letters sent using authorized e-mail addresses, the Website, the Application and the EDI System, in accordance with the procedure provided for in the User Agreement or other agreements, or using postal communication services, are considered to be sent and signed by the Parties.
6.10. The Parties undertake to ensure the confidentiality of information and information necessary for access to authorized email addresses and Personal Account on the Website and in the Application, to prevent the disclosure of such information and transfer to third parties. The Parties independently determine the procedure for restricting access to such information.
6.11. Until the moment of receiving information about the violation of the confidentiality regime, all actions and documents committed and sent using the authorized e-mail address of the Party, using the Website, Application or EDI System, even if such actions and documents were committed and sent by other persons, are considered committed and sent by such Party. In this case, the rights and obligations, as well as responsibility, come from such a Party.
6.12. Each of the Parties is obliged to immediately notify the other Party about the change of its postal address or bank details. All notifications and other messages sent by the Party to the old addresses before the sending Party receives a notification of a change in the address of the receiving Party are considered valid, and all additional costs and losses arising from untimely notification of a change in bank details will fall on the Party that untimely notified of a change in its bank details.
6.13. The Provider guarantees storage and provides access to the electronic documents posted on the Website and/or in the Application for a period of at least 5 (five) years.7. Reporting
7.1. The User can access information about the use of the Website and Application functionality in his Personal Account on the Website and in the Application at any time (including information about orders and offers received or sent, their status, concluded contracts, the process of contract execution), as well as other information related to the User's use of the Website or Application functionality.8. Personal data
8.1. The User gives the Provider consent to the processing of information, including the User's personal data provided during registration on the Site or in the Application, as well as during the use of the Site and the Application, including, but not limited to:
· full and short company name, organizational and legal form;
· INN, ORGN, OGRNIP (if available);
· location and/or registration address;
· surname, first name, patronymic of the head;
· email address;
· contact phone number;
· other information specified by the User on the Website and in the Application or provided to the Provider using the User's authorized email address.
8.2. Processing of personal data means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), including cross-border, depersonalization, blocking, deletion, destruction of personal data.
8.3. The processing of personal data is carried out in order for the Parties to fulfill their obligations under the User Agreement and other agreements concluded between the Parties, as well as for the purpose of sending informational and other messages to the User's authorized email address and, if applicable, for the purpose of fulfilling the Parties' obligations to fulfill contracts.
8.4. The User may withdraw consent to the processing of personal data at any time by sending the Provider a corresponding written notification to the address specified in the clause of the User Agreement by registered mail with a delivery notification. At the same time, the Provider has the right to continue processing the User's personal data in the cases provided for by law.
Losses and losses, as well as other risks associated with the inability to fulfill the User Agreement and other agreements of the Parties arising in connection with the withdrawal of consent to the processing of personal data, are attributed to the User.
8.5. Additional or other provisions regarding the processing of personal data may be contained in another document posted on the Website or in the Appendix. If the provisions of such a document contradict the provisions of this section, the provisions of this document shall apply.
8.6. The User agrees to receive advertising materials from the Provider to the authorized email address and phone number specified by the User when registering on the Website and/ or in the Application.
The consent to receive advertising materials may be revoked by the User at any time by sending the Provider a corresponding written notification to the address specified in the clause of the User Agreement, or by performing the actions specified in the messages (emails) containing such materials.9. Special conditions
9.1. The Website and the Application may contain links to other websites on the Internet (third-party websites). These sites and their content are not checked by the Provider for compliance with any requirements (reliability, completeness, legality, etc.). The Provider is not responsible for any information, materials posted on third-party sites that the User accesses when using the Site or Application, including for any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
9.2. The Website, the Application and the software available through the Website and the Application are provided "As is". The User is at risk of using the Site and the Application. The Provider, the operators of wired and wireless communications, through whose networks access to the Site and / or the Application is provided, affiliates, suppliers, agents of the Provider do not provide any guarantees with respect to the Site and the Application.10. Responsibility
10.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations arising from the User Agreement.
10.2. The User is responsible for providing false information when registering on the Website or in the Application, or when using the functionality of the Website or Application.
10.3. In case of violation by the User of the terms of the User Agreement, the Provider has the right to restrict the User's access to some or all functions of the Site and Application after sending a preliminary notification to the authorized email address.
10.4. The Provider does not bear the risks and any responsibility arising from the concluded contracts for the carriage of goods between the customer and the driver / carriers.