Terms and Conditions of YouGo service
Independent tour provider agreement on YouGo
Edition dated 29 December, 2023
1. The Subject of the Agreement.
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This Agreement governs the legal relationship between You as the User of the
Service (booking and payment system), i.e. the person, who is using the
functionality of the Service through the full or mobile version, its Booking
Administrator (Marketnet Technologies - FZCO) and the
Providers (persons posting their Advertisements on the Service for
Expert-designed tours).
2. Basic terms.
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Online service (set of programs) - is a booking and payment
system, that allows Providers to publish advertisements offering
expert-designed tours, and Users - to view the specified advertisements,
enter into contracts with the Providers on conducting the expert-designed
tours and make payment on them (hereinafter - Service, Online Service). The
services are being provided to Users free of charge.
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The
Booking Administrator – Marketnet Technologies - FZCO,
Legal address: Dubai Silicon Oasis, Dubai Digital Park, IFZA Dubai Building
A1 – Dubai 342001 UAE, Registration number DSO-FZCO-17046, License number
18482 (hereinafter - “Booking Administrator”), who owns all rights to the
Online Service.
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Provider - is an individual, self-employed, individual
entrepreneur or legal entity, who has registered on the Service by accepting
the Terms and Conditions of the Booking Administrator, and who provide or
intend to provide Users with services for conducting expert-designed tours.
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User - a fully capable individual, who has reached 18
(Eighteen) years of age, or a legal entity, that orders or intends to order
an expert-designed tour from an Provider, using the Service
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Expert-designed tour - services of the Provider for
organizing the stay of the User (if necessary, also of third parties
indicated by him) at the place of the tour (accompaniment on the tour) in
accordance with its program. The tour program contains a description of the
travel route, travel dates, description of the activities that must be
carried out by the Provider, as well as the conditions for participation in
the tour established for the User. The tour program is confirmed and agreed
upon by the Provider and the User before the tour.
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Personal cabinet - a unique User account containing
software functionality for using the Service.
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Advertisement (Offer of the Provider) – an offer
(proposition) posted by the Provider on the Service in electronic format for
concluding a Transaction for the Expert-designed tour, containing text and
(or) graphic information about the services it provides, addressed to Users
of the Service.
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Order placement – actions of the User carried out using
the Service and aimed at concluding a Transaction.
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Transaction — is a civil agreement between the User and the
Provider, containing the terms of provision of services for conducting the
Expert-designed tour.
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Payment method – the payment method for the Transaction,
selected by the User in his Personal Cabinet.
3. General provisions.
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Within the framework of this agreement the Booking Administrator provides
the User on the terms of a simple non-exclusive royalty-free license to:
search for the Providers' advertisements placed on the Service, register in
the User's personal account, access the User's personal account, exchange
information with the Providers, place orders for the purchase of
Expert-designed tours and make settlements on the Transactions through the
functionality of the Service.
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At the User's request, the Booking Administrator also provides additional
informational services for consulting, technical support of the Order
placement, moderating of disagreements with the Provider, etc.
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The Booking Administrator is not a person providing the User with direct
service of the Expert-designed tours, is not a tour operator, travel agent
or seller of tourist services, tourist products.
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The Provider, concluding the Transaction with the User, acts on its own
behalf. In this regard, all questions concerning the User's claims regarding
the quality, scope and (or) terms of services, as well as issues related to
the termination of the Transaction, changes in its terms, cancellation of
the booking and (or) refunds paid under it, are governed by the terms of the
contract between the User and the Provider for the Expert-designed tours and
can not be addressed to the Booking Administrator.
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This Agreement shall come into force for the User from the moment of his/her
accession to the terms and conditions of the Agreement and shall be valid
for an indefinite period of time.
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The Agreement shall be terminated if: (1) the User decides to stop using the
Service by sending a notice to the Booking Administrator (through the
Service interface); (2) the Booking Administrator decides to terminate the
Agreement unilaterally out of court with immediate termination of access and
the ability to use the Service and without reimbursement of any costs or
losses, unless otherwise provided by applicable law. In particular, the
Booking Administrator has the right to take such a decision in case of:
closing of the Service; any, including a single violation by the User of the
terms of the Agreement.
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The Booking Administrator's country of domicile is the United Arab Emirates.
The Laws of the United Arab Emirates shall govern the use of the Online
Service and the Terms of Use, without regards to conflict of laws
principles. All disputes arising in connection therewith shall be heard only
by a court of competent jurisdiction in U.A.E.
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The Online Service will not provide any services to OFAC or sanctioned
countries.
4. Registration.
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In order to register on the Service, the User indicates his/her name,
surname, e-mail address, telephone number, other necessary information for
the purpose of identification of the User and granting him/her access to
his/her Personal Cabinet (Account).
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One User may register only one Account. The User has no right to transfer
the rights to the Account and provide access to it to third parties. The
User is obliged to keep confidentiality of their data for logging into the
Service and to inform the Booking Administrator about any cases and attempts
of unauthorized access to their Account. All actions (including conclusion,
execution, payment, modification and termination of Transactions) performed
in the Personal cabinet by a person authorized with the User login data are
considered to be performed by this User and entail responsibility for this
User.
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The Booking Administrator has the right to request additional documents or
information from the User for verification or confirmation of authorization,
and in case of failure to provide them - to restrict access to the User's
Account.
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The User is obliged to provide only accurate information about
himself/herself, which does not violate the law or the rights of third
parties. The User is obliged to update the information about him/herself as
necessary.
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The Booking Administrator has the right to refuse registration or block or
delete the User's Account without requesting any documents or confirmation
of authorization, if the Booking Administrator has reason to believe that
the information provided by the User is unreliable.
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By posting information about himself/herself on the Service, the User agrees
that such information may be available to third parties using the Service
(e.g. Providers).
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The Booking Administrator does not disclose to third parties Users
information, which is not placed in the public domain, except for the cases
provided by law (for example, at the request of certain government
agencies). At the same time, the Booking Administrator cannot be held
responsible for third-party misconduct in relation to information that Users
have independently placed in the public domain.
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By registering an Account, the User agrees to receive advertisements
(messages of advertising nature) from the Booking Administrator sent via the
User's contact details (e-mail address, phone number, messenger account)
contained in the Account. The User has the right to refuse to receive
advertising messages at any time by notifying the Booking Administrator in
writing or via the Personal cabinet.
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The Booking Administrator has the right to send Users to the e-mail address
or phone number specified in the profile, in the form of push notifications
or notifications in the User's profile: system notifications from which it
is impossible to unsubscribe: for example, to confirm registration, to
inform about restricted access to the profile or announcements; service
notifications related to the User's actions: for example, on receipt of a
message from the Provider, personalized selections of ads of interest;
marketing notifications: tips, invitations to participate in research,
promotions and news, etc.
5. Personal data.
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Collection and storage of User's personal data is carried out in accordance
with the Booking Administrator's Privacy Policy (hereinafter - the
"Policy"). The User is obliged to familiarize themselves with the Policy
before using the Online service.
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The personal data of the User means any personal information that allows
establishing the identity of the User, including: Last name, First name,
Patronymic, Passport data, Date of birth, Contact phone number, Email
address, Postal address, Bank account details, registration and/or
residential address.
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The User, by agreeing to this Agreement expresses his consent to the
implementation by the Booking Administrator of any action (operation) or set
of actions (operations), performed with or without the use of automation
tools, with his personal data (processing of personal data), including
collection, recording, copying, systematization, accumulation, storage,
clarification (updating, changing), extraction, use, transfer (provision,
access) to third parties, as well as in cases expressly provided for by
applicable UAE law, in compliance with requirements of confidentiality of
information, depersonalization, blocking, deletion, destruction of personal
data, and confirms that by giving such consent, they act of their own will
and in their own interest. When processing personal data, the Booking
Administrator is not limited in the use of methods of processing them. The
User gives their consent to the processing, storage and use of their
personal data for the following purposes:
- User registration for the Online service,
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implementation of customer support by the technical service of the
website,
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organizing the User’s settlements for transactions concluded between him
and the Providers;
- receiving the advertisement information by the User.
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By agreeing to this Agreement, the User acknowledges and confirms that if it
is necessary to provide his personal data in accordance with the
requirements of the applicable UAE laws to achieve the abovementioned
purposes to third parties, the Booking Administrator has the right to
disclose information about them (including their personal data) to such
third parties to the extent necessary to perform the abovementioned actions,
as well as to provide relevant documents. At the same time, the
abovementioned third parties have the right to process the User's personal
data on the basis of this Agreement.
6. Procedure for order placement and cancellation.
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For the purposes of placing an Order, the User (subject to registration in
Personal cabinet - Section 4 of this Agreement) shall perform the following
actions:
- authorizes in Personal cabinet under his/her name;
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selects the available Providers' Advertisements on the Service and makes
a request to book a place in the Expert-designed tour by clicking on the
button "Book". By clicking on the button "Book" the User expresses
his/her consent to the terms and conditions of provision (booking,
cancellation) of the selected Expert-designed tour (according to the
given Advertisements) and the procedure of payments on it; If necessary,
before booking the trip, the User can contact the Provider for
clarification of details by means of chat on the tour page or the
Booking Administrator through the feedback form (leaving a phone number
for contact), via WhatsApp, Telegram or e-mail;
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after the confirmation of the booking by the Provider, the User receives
a link to the payment page of the selected Expert-designed tour via the
Service and makes payment for the Expert-designed tour;
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the Provider is responsible for organizing further interaction between
the User and the Provider in terms of execution of documents for the
Transaction concluded between them.
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If the User cancels the booking (refuses to fulfill the contract with the
Provider, in respect of the Expert-designed tour before its start, but after
the payment has been made), the amount of payment made by the User is
returned by the Provider minus the Provider's expenses for the tour
preparation, incurred before the User cancels the booking. In the event of a
unilateral refusal by the Provider to fulfill the agreement, the return of
funds paid by the User is carried out by the Provider in full.
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The refund is transferred to the User within 10 (ten) business days, except
weekends and holidays, as well as natural or man-made incidents. In this
case, the refunded period can reach up to 60 (sixty) business days and
information about it will be published on the website of the Service.
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The refund rules established by this agreement may be changed (supplemented)
by the Providers. Booking a tour by the User means that the User has read
and agrees to the Provider's proposed terms of return fully and
unconditionally. The Booking Administrator shall not be liable to the User
for the failure of the Provider to make a refund.
7. Payment procedure.
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The Booking Administrator provides Users with an opportunity to make
payments for the Transactions concluded with the Providers through the
Service and, in this regard, for the execution (support) of transactions on
settlements between Users and Providers can attract third parties, including
credit organizations (Operators), as well as act as an agent of the
Providers in terms of receiving payments from Users.
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The User settles the Transactions he/she concludes with the Providers in
accordance with the Payment Method selected by him/her in the Personal
cabinet. A detailed description of the Payment Methods is provided in the
User's Personal cabinet. In order to use certain Payment Methods (payment
services) or to provide access to them, the User may be required to fulfill
or accept additional conditions (set by Operators or other third parties).
Unless otherwise stated, in the event of a conflict between these Payment
Terms and the terms applicable to certain Payment Methods, the latter shall
prevail with respect to the use of or access to these payment services.
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To use the Service, the User has the right to enter the details of his/her
payment card each time he/she makes a payment for a Transaction, or he/she
also has the right to "link" their payment card to their Personal cabinet.
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For Transactions concluded with Providers - Natural persons, the User
performs the calculations: (1) for the prepayment part - by the Payment
method chosen by the User, (2) for the remaining part (postpayment) - by any
method not prohibited by the current legislation (by transferring money
directly to the Provider, by card transfer, etc.) in accordance with the
terms of the concluded Transaction.
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For Transactions concluded with Providers - Legal Entities, the User settles
exclusively by the chosen Payment method.
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The User is fully responsible for the accuracy and completeness of
information about himself/herself (details of his/her means of payment,
etc.) when he chooses a certain Payment method. The Booking Administrator
shall not be liable for any losses incurred by the User as a result of
providing incorrect information when choosing a Payment method.
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The Booking Administrator and the Operator have the right to request any
information to identify or verify the User's identity when they make a
payment under the Transaction, including to prevent fraudulent transactions.
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The Booking Administrator accepts payment by Visa or Mastercard debit and
credit cards in AED, USD or EUR.
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The Providers and the Users must retain a copy of transaction records and
Merchant policies and rules.
8. Final provisions.
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Expert-designed tours may involve risks of illness, physical injury or
death. By deciding to use the services of the Expert-designed tours
Providers, the User voluntarily and knowingly assumes these risks. If the
User is traveling with minor children, the User is solely responsible for
the minors when participating in the Expert-designed tours in accordance
with the applicable law.
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The Booking Administrator is not a person who places any information on
behalf of the Providers as part of their published Announcements (including
photo and video materials (images and audio), and therefore cannot control
and guarantee its authenticity, quality, safety and legality, as well as
compliance with copyright (exclusive) rights in its placement (publication)
and is not legally responsible for this.
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The Provider independently publishes photo and video materials (other
copyright objects) as part of the published Announcements using the
functionality of the Booking Administrator's online service and is
independently liable to the right holders (or their authorized
representatives) for the violation of copyright (exclusive) rights in case
of placement of these materials without legal grounds and (or) authorization
of the authors. In these relations, the Booking Administrator acts solely as
an information intermediary, i.e. a person providing the opportunity to post
the material or information necessary to obtain it using the information and
telecommunication network "Internet".
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By sending to the Booking Administrator (both during the validity of this
agreement and after its termination) any photo and (or) video materials
(images and audio) created by the User during the period of being on the
Expert-designed tour purchased through the Service (hereinafter - photo and
video materials), by means of e-mail, messengers, accounts in social
networks, publication of feedback, etc., the User thereby grants to the
Booking Administrator the rights to use (including publication, publicizing,
reproduction, processing, editing, etc.) any photo and (or) video materials
(images and audio) created by the User during the period of being on the
Expert-designed tour purchased through the Service (hereinafter - photo and
video materials). The Booking Administrator also has the right to transfer
these photo and video images to third parties (contractors, subcontractors,
counterparties, etc.) for purposes at its discretion (including for the
latter to perform the Booking Administrator's instructions related to the
Service (placement, advertising, promotion of travel products, etc.) (simple
non-exclusive license).
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The Booking Administrator reserves the right to make changes to this
Agreement at any time. The new version of the Agreement becomes effective
and binding for all Users from the moment of its publication.
9. Booking Administrator’s details
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Company Name: Marketnet Technologies – FZCO
Registration Number: DSO-FZCO-17046
License Number: 18482
Signing Person: Mikhail Repnikov, General Manager
Address: Dubai Silicon Oasis, Dubai Digital Park, IFZA Dubai Building A1 –
Dubai 342001, UAE
Telephone: +971 509430175
Email: [email protected]
10. Details of the money transfer Operator
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Stripe, Inc.
Detailed information about the Operator you can find on the company website:
https://stripe.com/
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Individual Entrepreneur MIKHAIL REPNIKOV
Identification Number: 322940975
Registration Number and Date: 23/05/2022
Registering Authority: LEPL National Agency of Public
Registry
Legal Address: Georgia, Region Ambrolauri, Khvanchkara,
Block N 001, Plot N 047, Namosakhlevi
Person: MIKHAIL REPNIKOV