1. The Subject of the Agreement. General provisions

    1. YouGo is an online service, available at https://yougo.travel/, (including all domain levels) via mobile and desktop version and mobile application that allows registered users («Users»), and those offering the services (hereinafter referred to as «Providers», and the services they offer hereinafter referred to as «Expert-designed Tours»), to publish ads offering Expert-designed Tour Programs (hereinafter referred to as «Ads»), as well as to negotiate , conclude transactions and to make settlements with Users who have the intention to acquire or have acquired Expert-designed Tours (hereinafter referred to as «Tourists»).
    2. The User is an individual who has reached the age of 18 or a legal entity (in this case, an individual acting on his behalf provides the Administrator and (or) the User, who he concludes transaction with, with the necessary documents confirming the legal status of the legal entity and the credentials of its representative, and is recognized as the duly authorized legal entity).
    3. YouGo is a set of programs belonging to the Administrator, by which the Administrator provides Users with the technical ability to place Ads in the online service https://yougo.travel/, and by which the Administrator provides the following services to the Providers: (1) promoting the programs of the Providers, (2) organizing and enabling them to conclude transactions with Tourists (hereinafter referred to as «Booking») and and execution in terms of settlement transactions with Tourists, (3) assisting in the resolution of disputes between Users by providing information regarding their actions in connection with making and executing transactions between them.
    4. Expert-designed Tour – the services of the Provider provided to the Tourist in accordance with the «Tour Program». The Tour Program contains a description of the travel itinerary, travel dates, a description of the events to be organized by the Provider, the conditions of participation established for the Tourist. The Tour Program is pre-agreed upon by the Provider and the Tourist. If the Tour Program is implemented within a group of Tourists, all clauses of the program and this Agreement apply to each member of the group. The Tourist undertakes to pay for the Expert-designed Tour in full. The list of prohibited Goods and Services is set out in Annex No. 1 to the Agreement.
    5. The Administrator is 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), that owns all rights to the online service YouGo and domain https://yougo.travel/ and which provides services to Users under the terms of this Agreement. The Administrator is not a travel provider or a seller of tourist services or tourist products. By interacting through the YouGo online service, Users enter into contracts directly with each other.
    6. YouGo is not a participant, provider of the transaction, buyer, seller, employer, intermediary, travel agent, insurer, representative of any user, beneficiary or other interested person in relation to transactions between Users, except as providedin the Terms of Payment Services.
    7. Provider's Fee is a fee charged by the Administrator from the Provider to cover the Administrator's expenses for the maintenance of the Yougo online service, user support, information and technological interaction between the Users, the Administrator and the Operator, including, but not limited to the collection, processing and transmission of information through a special software complex, as well as the transfer of funds in the manner and within the time frame set forth in these Terms and Conditions.
    8. By registering on the YouGo online service and in each case of logging in on YouGo, Users guarantee that they have all the powers necessary to conclude and execute transactions among themselves.
    9. If the User registers on YouGo as an Provider, then the relationship between the Provider and YouGo service is limited to the relationship of independent third-party contractors. In accordance with clause 1.6. the Provider is not an employee, agent, participant in a joint venture or a partner of YouGo, but acts solely on his own behalf and in his own interests, but in no case on behalf of or in the interests of the YouGo online service. YouGo does not direct or control the Providers or their activities under this Agreement, including the time during the Expert-designed Tour. The Provider confirms that they offer Services and participate in other business or labor relations on his own initiative.
    10. The Administrator is not a person providing any information as part of the Ads published on the online services https://yougo.travel/, https://horseridingtours.com, as well as other online services of partners of the Administrator on behalf of the Users (Providers) , including photo and video materials (images and audio), and therefore cannot control and guarantee the observance of copyright (exclusive) rights to the content posted by Users, the existence, quality, safety, compliance or legality of any Ads or Expert-designed tours, reliability or accuracy of descriptions of Expert-designed tours, actions of Users, in accordance with the clauses. 1.5, 1.6 of this Agreement.
    11. The Administrator's marks in the YouGo online service about the User's verification, for example, that the User is "verified" (or other similar definitions), mean exclusively that the User has passed the appropriate verification procedure or check on YouGo. These marks are not a recommendation of the Administrator to other Users.
    12. The Administrator has the right to display Ads and other User content on third-party resources: websites, mobile applications, emails and newsletters, online and offline advertisements - in order to promote the YouGo online service and increase the views of Ads by potential Tourists.
    13. The Administrator has the right to carry out partial, complete or approximate translation of Ads or User content into foreign languages, including through Google translation tools.
    14. The YouGo online service may contain links to third-party websites and resources («Third-Party Services»). The use of Third-Party Services may be governed by other terms and conditions, including terms of privacy. The Administrator is not responsible for the availability or accuracy of Third-Party Services, as well as for the content, products or services of Third-Party Services. The presence of links to Third-Party Services does not imply any guarantees regarding Third-Party Services on the part of the Administrator.
    15. Due to the fact that the Administrator is not a person who provides the technical possibility of continuous access to the Internet for Users and for themselves, the Administrator cannot guarantee the constant and continuous availability of the YouGo online service to Users. The Administrator has the right to restrict the Users' access to the YouGo online service, its sections or functions, if it is necessary to maintain proper bandwidth, security or integrity of its servers, as well as to carry out technical measures to ensure proper or improved functioning of YouGo. The Administrator can improve, expand and modify YouGo, as well as introduce new Services without the consent of Users.
    16. This Terms of Use Agreement between the Administrator and the Users is exhaustive with respect to the use of the YouGo online service and access to it, canceling and replacing all previously existing oral and written agreements and arrangements in this regard, except to supplement the Terms by introducing additional rules, standards, norms or conditions.
    17. This Agreement or the User's use of YouGo does not imply the creation of any joint venture or partnership between the User and the Administrator, as well as the establishment of labor relations.
    18. If any of the provisions of this Agreement are declared invalid or unenforceable, this provision will be deemed deleted and will not affect the validity and enforceability of the remaining provisions.
    19. Failure to enforce any right or provision of these Terms by the Administrator does not imply a waiver of enforcement of this right or provision in the future. Except as expressly provided in these Terms, the use by any of the parties of any remedies available to it provided for in this Agreement will not restrict the use of other remedies available to it provided for in this Agreement or permitted by law.
    20. The User does not have the right to assign, transfer his rights and obligations under this Agreement without the prior written consent of the Administrator. The Administrator may, without restrictions and at his discretion, assign, transfer or delegate this Agreement, as well as their rights and obligations under this Agreement, by sending the User a corresponding notification 10 days in advance. The User has the right to terminate this Agreement unilaterally at any time by sending a corresponding written notification to the Administrator.
    21. Unless otherwise specified, all notifications or other messages, sending of which is permitted or required by this Agreement, are issued in electronic form and sent by the Administrator via e-mail, by posting on YouGo or by sending newsletters.
    22. The User has the right to use YouGo all over the world, as long as it does not contradict the lawof the country of the User's location/stay.
    23. The Agreement comes into force for the User from the moment its accession to the Terms of the Agreement and is valid for an indefinite period.
    24. The Agreement terminates if: (1) The User decides to terminate the use of YouGo by sending the Administrator a corresponding notification (by contacting via the YouGo interface); (2) The Administrator decides to terminate the Agreement unilaterally and extrajudicially with the immediate termination of access and the ability to use the YouGo Platform and without refund of any costs or damages, unless otherwise provided by applicable law.In particular, the Administrator has the right to take such a decision in case of: closing the Service; any, including a single violation of the terms of the Agreement by the User.
    25. With respect to the operation and development of the online service YouGo, the Administrator is guided by the legislation of the United Arab Emirates, this Agreement and other special documents that have been developed or may be developed and adopted by the Administrator in order to regulate the provision of access to Yougo to Users.
    26. In case of any disputes or disagreements related to the execution of this Agreement, the User and the Administrator will make every effort to resolve them through negotiations between them. If the dispute is not resolved through negotiations, the dispute shall be resolved in accordance with the procedure established by the current legislation of the United Arab Emirates, at the location of the Administrator, unless otherwise expressly provided by applicable law.
    27. Appeals, proposals and claims of individuals and legal entities to the Administrator in connection with the execution of this Agreement and the operation of YouGo, violations of the rights and interests of third parties when using YouGo, as well as for other requests authorized by the laws of the United Arab Emirates, may be sent to the Administrator's details specified in this Agreement.

  2. Registration on YouGo

    1. The User registers with the YouGo online service using their first name, last name, mobile phone number and email address. After registration, a unique User profile (hereinafter referred to as Account) is created. When registering, the User selects the status in the YouGo online service - Tourist or Provider.
    2. One User has the right to register only one Account. The User does not have the right to transfer rights to the Account and grant access to it to third parties. The User is obliged to maintain the confidentiality of their YouGo login data and inform the Administrator about any cases and attempts of unauthorized access to his Account. All actions performed on the YouGo by a person authorized using the User's login details are considered to be performed by this User and will result in liability for that User
    3. To register, the User specifies their first name, last name, email address and phone number (these data allow identifying the platform user) used for Account management and further access to the User's Personal Account, as well as other information necessary for using the YouGo Platform. After registering an Account, the User gets access to a personal page on the platform's website – «Personal Cabinet».
    4. If an unregistered User clicks the “Call the provider” button in the YouGo online service and makes a call to the phone number specified in the form that pops up after pressing the button, or clicks the “Text” button and indicates his phone number in the form of a message to the Provider, or clicks the "Book" button and enters his phone number in the pop-up form, then the User's phone number, from which he made that call or indicated in the pop-up form, is sufficient to register the User in the YouGo online service, and by performing any of these actions, the User automatically is registered in the online service YouGo.
    5. When registering an Account the User is obliged to provide reliable information about themselves that does not violate the law and the rights of third parties. The User is obliged to update information about themselves as necessary.
    6. The Administrator has the right to request documents or information from the User for verification or confirmation of authority, and if they are not provided, to restrict access to the User's Account.
    7. The Administrator has the right to refuse registration or block or delete the User's account without requesting any documents or confirmation of authority, if the Administrator has reason to believe that the information provided by the User is unreliable.
    8. The Administrator cannot guarantee that all the information provided by Users on YouGo is true. The fact that the User has successfully passed verification does not mean a guarantee of the reliability and relevance of the information specified by the User in the Tour Program and in the profile, or recommendations to other Users to make deals with them. The verification information is for reference purposes only.
    9. The User undertakes not to transfer his personal account login data to third parties (including the SMS code or the code sent to the email address), undertakes to immediately notify the Administrator of the compromise (risk of compromise) of his Personal Account login data, if the compromise (risk of compromise) has become known to the User in advance.
    10. All actions performed using the User’s Account are considered to be performed directly by the User. The User is responsible for these actions in full.
    11. After creating an account, the User provides the Administrator with information about themselves that is necessary and sufficient to use the YouGo online service, as well as additional information at his discretion, can edit or delete information.
    12. By placing information on YouGo, the User agrees that such information may be available to other YouGo Users in connection with the conclusion, execution, termination of transactions, as well as in the course of User negotiations prior to the conclusion of transactions.
    13. The Administrator does not disclose to third parties information about Users that is not publicly available, except as required by law (for example, at the request of certain public authorities). At the same time, the Administrator cannot be held responsible for third-party illegal actions in relation to information that Users themselves have made publicly available on YouGo.
    14. By registering an account with YouGo, the User gives his consent to receive advertisements (promotional messages) sent by the Administrator to the User's contact information (advertising messages) sent by the User's contact information (email address, phone number, messenger program account) contained in the Account. The User has the right to refuse to receive advertising messages at any time by notifying the Administrator in writing or through their Personal Account.

  3. Personal data

    1. The Administrator processes User's personal data in accordance with the legislation of the United Arab Emirates and the Administrator's Privacy Policy (the "Policy"), freely available on the YouGo website at https://yougo.travel/privacy.
    2. The User is obliged to familiarize themselves with the Policy before using the YouGo online service. The User is deemed to have accepted the Terms of this Agreement and the Policy in full when registering an account on the YouGo website.
    3. If, after changes and/or additions have been made to this Agreement and/or the Policy, the User continues to perform actions on the YouGo online service, this means that the User agrees to such changes and/or additions.
    4. By performing any of the above actions, the User confirms that they have the necessary legal capacity in accordance with the current legislation (they are an individual who has reached the age of 18 or a legal entity registered in accordance with the legislation of the country of incorporation) to use the YouGo online service and understands the meaning of the actions performed.
    5. The User gives their consent to the processing, storage and use of their personal data under any applicable laws in the User's local jurisdiction for the following purposes:
      • User registration for the YouGo online service;
      • implementation of customer support by the technical service of the website;
      • organization of settlements between the User and other Users of the website in accordance with this Agreement, transactions concluded between them in accordance with the procedure established by current legislation;
      • fulfillment by other Users’ of obligations to the User, fulfillment of the User's obligations to his counter-parties, receipt of advertising information by the User;
      • conducting an audit and other internal research by the Administrator in order to improve the quality of the services provided.
    6. 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;
      • Residential address.
    7. The User's personal data is stored by the Administrator exclusively on electronic media and processed using automated systems, except in cases when non-automated processing of personal data is necessary in connection with compliance with legal requirements.
    8. This Consent is given by the User to the Administrator and is valid from the date of its signing (by putting any symbol under the inscription "I agree" or a similar one, placed on the page under the text of this Agreement - until the day of its withdrawal in writing).
    9. The User, by agreeing to this Agreement expresses his consent to the implementation by the 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 Administrator is not limited in the use of methods of processing them.
    10. The consent is given by the User for the purposes of executing this Agreement, the User's ability to use the functionality of the Yougo online service, including for actions in accordance with the Terms of payment services specified in Sections 8-14 of this Agreement.
    11. 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 purposesto third parties, the 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.

  4. Payment for Administrator Services

    1. The Administrator may charge fees from the Providers (hereinafter referred to as the "Provider's Fee") for using the online service YouGo in the cases, in the manner and on the grounds specified in the Terms of payment services, which are an integral part of this Agreement.
    2. The Administrator calculates and charges the Provider’s Fee from the total amount of all payments for the corresponding Expert-designed tour made by the Tourist in favor of the Provider, including the payment for the Expert-designed tour, as well as any other invoices issued by the Provider (provision of additional services, payment for inventory, etc.). Information about the amount of the Provider's Fee is displayed in the Personal Cabinet of the Provider. The Administrator reserves the right to change the Provider's Fee at any time by notifying the Users.
    3. The Operator charges (withholds in favor of the Administrator) the Service Fee before transferring the payout to the Provider.
    4. Provider’s fee is not refundable by the Administrator, including in case of cancellation of the tour after it has been booked (paid for) by the Tourist and (or) the Provider.

  5. Rights and Obligations of the User

    1. Users have the right to use the YouGo online service for free in the following cases:
      • The Providers are free to place Ads on the YouGo online service with no charge;
      • The Tourists are free to search for and receive information about Expert-designed Tours, Ads, Providers, communicate with the Providers and the Administrator and perform other actions on the YouGo online service that do not contradict this Agreement.
    2. When creating an Ad, the Provider is obliged to:
      • read and accept the Independent Provider Agreement before starting work in the YOUGO online service. The terms of the Independent Provider Agreement are an integral part of this offer in terms of regulating the legal relationship between the Administrator and the Provider and are binding on the latter. In case of discrepancy between the Terms and Conditions of the Site and the Independent Provider Agreement, the provisions of the Independent Provider Agreement shall prevail;
      • provide complete and accurate information about their Services. The Administrator reserves the right to determine at itsown discretion whether the proposed Expert-designed tours will be publishedon the YouGo online service;
      • inform Tourists about all risks associated with the Expert-designed Tour, all requirements for Tourists, including, but not limited to: minimum age, related skills, level of fitness or other requirements, as well as provide other information necessary and sufficient to participate in the Expert-designed Tour (including information about visas, dress code, equipment, special certification or licenses, etc.);
      • observe the following condition: the cost of any of the Provider's tours placed on the YouGo online service is not higher than on any other resource onthe Internet: on their own website or page or account in social networks such as Facebook, Instagram, Pinterest, Youtube and others. If a Tourist finds a Tour of this Provider at a lower cost within 48 hours after the payment was made and provides a valid link to information about it, the Administrator shall refund them the difference between the cost indicated by the Provider on YouGo and the one found by the Tourist. In this case, the Provider must immediately lower the cost of the Tour on YouGo and compensate the Administrator for this difference;
      • not to place its contact information, as well as any other information directly or indirectly indicating the full name, surname and (or) patronymic of the Provider, details of its ITIN, SSN, other identifiers, as well as the name of the Provider legal entity (its TIN, registration number, license number, etc.), telephone numbers, addresses, links to accounts in social networks, etc. (hereinafter - contact details), in the text of the published Ads and (or) on the images attached to the published Ads. Exchange of contact details between Users is possible after receipt of prepayment for the transaction between them in accordance with the procedure stipulated by Section 8 of this Agreement. In case the Provider violates the established rules of exchange of contact details, the Administrator reserves the right to apply liability measures against the Provider, up to the restriction of access to the online service.
    3. The Providers are solely responsible for the Expert-designed tours they run and the published Ads. The responsibility of the Administrator is limited to providing access to Ads about Expert-designed Tours through the YouGo online service.
    4. By placing advertisements for the sale of its own tourist products for purchase by an unlimited number of persons (Tourists), the Provider acts independently, on its own behalf and at its own expense.
    5. The Administrator cannot fully control and guarantee the authenticity, quality, safety and legality of the information published by the Providers in the Yougo online service and is not legally responsible for it.
    6. The Provider is solely responsible for the accuracy of the information specified in its Ads, as well as for any actions in the Yougo online service (including, but not limited to: exchange of any information with Tourists, correspondence, conclusion of contracts, invoicing, confirmation of booking requests, etc.) to any third parties, including state and municipal authorities.
    7. The Provider independently publishes photo and video materials (other objects of copyright) as part of the published Ads using the functionality of the Administrator's online services (https://yougo.travel, https://horseridingtours.com) and other online services of the Administrator's partners and is responsible to the copyright holders (or their authorized representatives) for violation of copyright (exclusive) rights in case of placement of these materials without legitimate grounds and (or) the author's permission. In the considered relations the Administrator acts only as an information intermediary, i.e. a party providing an opportunity to place the material or information required to obtain it using the information and telecommunication network "Internet".
      1. Publishing photo and video materials (other objects of copyright) (hereinafter - Content) as part of the published Ads using the functionality of online services of the Administrator and its partners (https://yougo.travel, and other partner websites) the Provider thereby guarantees the (exclusive) rights to use these materials and grants the Administrator the rights to use these materials on any external information resources (online services, accounts in social networks, etc.), in the mail (advertising) in the free of charge. The Provider has the right to revoke the rights specified in this clause by sending to the Administrator a written notification about it (specifying the particular list of materials). The Administrator loses the right to use the materials after 30 days from the date of receipt of such notification.
      2. In case of recovery of monetary compensation (fines, etc.) from the Administrator on claims of copyright holders (other persons) for infringement of copyright (exclusive) rights in the form of unauthorized use (placement, etc.) on the website(s) and other network resources of the Administrator (https://yougo.travel, https://horseridingtours.com, etc.) provided (published) by the Provider photo and (or) video content, if it was caused by improper performance of the Provider the terms of this agreement (in particular clauses. 5.7, 5.7.1) (including in case of provision of photo and/or video content to the Administrator, which the Provider has no rights to use), the Administrator shall be entitled to levy (withhold from the payments due) a fine from the Provider in the amount of the appropriate amount of money recovered by court decision (including court expenses of the Administrator).
    8. The Administrator reserves the right to pre-moderate the information placed by the Providers in Yougo online service before its publication as well as the right to make changes, corrections and delete such information in case of its non-compliance with the current UAE legislation or this Agreement, including at the request of authorized state and municipal authorities, third parties, or on other grounds.
    9. By submitting to the Administrator any information about itself, its employees, counterparties, etc. for the purposes of this Agreement (receiving the Service), the Provider guarantees the consent of these persons to provide this information and its automated processing by the Administration in the manner prescribed by the current UAE legislation.
    10. The User is responsible for the purchase of any accessories, including provisions, vehicles, venues and other materials («Tools»), necessary for organizing an Expert-designed Tour or participating in it. The User is solely responsible for ensuring that the Tools used as part of the Expert-designed Tour are in working condition and comply with all laws governing safety, equipment, inspections and serviceability. Unless otherwise provided by law, they assume the entire risk of damage to or loss of Tools.
    11. The User is responsible for understanding and complying with all laws, regulations and requirements that may be applicable to the Expert-designed Tour; obtaining all necessary licenses, permits or registration documents for the Expert-designed Tour; and compliance with any agreements between them and any third party in relation to the Ad and/ or organization of the Expert-designed Tour.
    12. Authorized Users can write messages and call each other on the YouGo online service to discuss Ads and conditions of Expert-designed Tours. It is forbidden to use messages and calls for any other purposes. Messages and calls to users for purposes not provided for in the Terms violate the law on personal data and cause losses to the Administrator.
    13. The Administrator has the right to record, analyze and store messages and calls made through the YouGo online service and to replacement numbers. Messages and calls in the mobile app and on the YouGo website are not personal. The Administrator has the right to selectively view correspondence and listen to call recordings in order to ensure compliance with the Terms of Use of YouGo and improve the operation of the YouGo online service.
    14. By sending the Administrator (both during the term of this Agreement and after its expiration) any photo and/or video content (images and audio) created by the User during the Expert-designed Tour (trip) (hereinafter - photo and video content) via e-mail, messengers, social media accounts, publishing a review on Yougo website, Horse Tours Club, etc., the User hereby gives the Administrator permission to use such photo and video content in their activities (including (but not limited to) for the purposes of creating the for the purposes of creating promotional materials, their mailing, generation of tourist products and their placement on the websites https://yougo.travel, and any other partner websites, in the accounts of messengers, social networks, etc.), without charging a fee and restrictions on the period of such use, as well as without mandatory indication of authorship.The Administrator is also entitled to transfer the above mentioned photo and video content to third parties (contractors, subcontractors, counterparties, etc.) for the purposes at its own discretion (including to perform the Administrator's assignments related to the activities of https://yougo.travel, and other partner websites). (placement, distribution of advertisements, promotion of tourist products, etc.).

  6. Rights and responsibilities of the Administrator

    1. The User, by itsown efforts and means, provides opportunities to study the conditions for the provision of the YouGo online service and the Administrator's services, laws, rules and regulations that may apply to Ads and/or Expert-designed Tours, without relying on any statements of the Administrator on legal and other issues regarding any Ad.
    2. The Administrator has the right to use a replacement phone number, replacing the real number, in the Ads on YouGo, calls from which are forwarded to the User's real number. The Administrator has the right to determine call forwarding settings, including the maximum number of calls to a replacement number for a certain period from certain groups of Users. The costs associated with forwarding are to be borne by the Administrator.
    3. The Administrator has the right to send Users to the email address or phone number specified in the profile, in the form of push notifications or notifications in the User’sprofile:
      • system notifications that cannot be unsubscribed from: for example, to confirm registration, to inform about restricted access to a profile or Ads;
      • service alerts related to User actions: for example, about receiving a message from another User, personal selection of ads of interest;
      • marketing notifications: tips from YouGo, invitations to participate in research, promotions and news from YouGo and partners.
    4. The Administrator does not own, sell, resell, organize, provide, manage and/or control any Ads and Expert-designed Tours. Expert-designed tours may involve risks of illness, injury, physical injury or death. Deciding to use such Expert-designed tours, the User voluntarily and consciously assumes these risks. The User assumes full responsibility for the actions performed before, during and after using the Expert-designed Tours and the Payment Service. If the User travels with minor children, then he is solely responsible for minors when using Expert-designed tours. The above disclaimer applies to the maximum extent permitted by applicable law.
    5. Administrator reserves the right to change this Agreement (Offer) at any time. The new version of the Agreement becomes effective and binding for all Users from the moment of its publication at the following link: https://yougo.travel/agreement

  7. Rights to the YOUGO online service

    1. The exclusive rights to the YOUGO, including, but not limited to, computer programs, databases, interface, technical developments, logo, trademark, and other means of individualization used on the YOUGO and allowing to implementYOUGO functions, belong to the Administrator.
    2. Except as provided by the Agreement, as well as the current law of United Arab Emirates, the YOUGO online service and its components, including those listed in the clause above, may not be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in parts without the prior written permission of the Administrator.
    3. If the information (content) posted by the User is protected by copyright, the rights to such information shall be reserved by the User who posted such information. The User shall grant other YOUGO Users a gratuitous non-exclusive right to use such content by viewing, reproducing (including copying), processing (including printing copies) and other rights solely for personal non-commercial use, except cases where such use causes or may cause harm to the legally protected interests of the copyright holder.
    4. The User shall grant the Administrator a non-exclusive right to use, free of charge, the content posted on the YOUGO and legally owned by him to ensure the YOUGO operation by the Administrator to the extent determined by its functions and architecture, as well as the display of content in the Administrator's promotional materials (advertising materials), including YOUGO platform interface images, including bringing such promotional materials (advertising materials) to the public to advertise YOUGO on various information resources.
    5. The specified non-exclusive right shall be granted for the entire duration of the exclusive right, includes, among other things, the right to reproduce content, as well as to process content through incorporation into a complex object or composite work, subsequent display, communication to the public, cable communication, etc. and extends its effect to the territories of all countries around the world.
    6. The Administrator may transfer the rights specified in this clause to third parties. The expiration of the placement period of the content on YOUGO and/or the term of the non-exclusive right shall not entail the need to withdraw the Administrator's promotional materials (advertising materials) with content display (including their removal from the Internet). No provisions of this Agreement grant the User the right to use the logo, trade name, trademarks, domain names and other distinguishing marks of the Administrator.
    7. The User's withdrawal from using YOUGO and/or removal of the l shall not terminate the Administrator's non-exclusive rights to the User's content that has been used by the Administrator prior to the User's unilateral decision to withdraw from the Agreement.

  8. Procedure for concluding Transactions

    1. The general terms used when describing the procedure for concluding Transactions:
      • The Operator is a money transfer operator, a payment agent of the Administrator and the Providers, acting on the basis of a contract concluded with the Administrator, to ensure the execution of settlements between the Users (and, if required) the Administrator on the concluded transactions. The Administrator has the right to envolve more than one Operator to execute the settlements between the Users. The information about the Opearator (Operators) is mentioned in the Chapter 16 of the current Agreement;
      • The Payment is a payment to the Provider made by the Operator from the funds received from the Tourist as payment for the Expert-designed tour;
      • The Payment method is the means of payment that the User specifies in his Account, for example, a debit bank card;
      • The Prepayment is a payment from the Tourist to the Provider as a prepayment for the Expert-designed tour. The amount of prepayment for the transaction can't be lower than the amount of the Provider's fee stipulated by it.
      • The Post-payment is a payment from the Tourist to the Provider as the final payment for the Expert-designed tour.
      • The Transaction is a civil law transaction concluded between Users (the Tourist and the Provider) via the YOUGO online service.
    2. In order to successfully conclude a Transaction on the Yougo online service, the Provider shall:
      • register an account as an Provider on the platform (these actions are the User's handwritten signature analogue («HSA»);
      • fill in the payout details to receive the payout;
      • authorize in the Personal Cabinet, create an Ad of its Expert-designed tour specifying all the essential conditions, including, but not limited to, the following: travel dates, travel information, number of seats, country, place, minimum age of tourists, travel program, requirements for tourists, comments and other conditions;
      • if necessary, attach files (photos, videos, etc.) to the Ad;
      • respond to the messages of the Tourists received via chat on the Yougo Platform. The Provider receives notices about new questions from Tourists by e-mail;
      • receive an email notice of a tour booking request from the Tourist. In such a case, the Provider has 24 hours to confirm or reject the request. If within 24 hours the Provider has not confirmed or rejected the request, the booking shall not be confirmed, and the Transaction is considered not concluded;
      • in case of booking rejection because no seats left in the tour, the Provider is obliged to change the tour information;
      • be liable for the provision of services immediately after booking request confirmation and prepayment receipt from the tourist by the Operator, of which the Provider is informed by an e-mail notification and in the Personal Cabinet;
      • have the right to leave a review on each participant after the completion of the trip on the Expert-designed tour
    3. In order to successfully conclude a Transaction in the online service Yougo Tourist shall:
      • leave personal information in feedback forms of the Service or register as a Tourist at https://yougo.travel/register (these actions are the Tourist's HSA);
      • authorize in the Personal cabinet under his account after registration or after feedback from the Administrator;
      • choose available Ads of the Providers on the Service and book a place by clicking on the "Book" button. If necessary, before booking a trip, the Tourist can contact the Provider to clarify the details via chat on the tour page or with the Administrator through the feedback form (by leaving a phone number for communication), via WhatsApp, Telegram or email;
      • by clicking on the "Book" button, the Tourist shall accept the Provider's Offer and go to the payment page, and after clicking on the "Book" button, the Tourist shall agree with the Operator's public offer and be directed to the page for payment
      • Once the Offer is confirmed with HSA by the second Party, it shall receive the status of a Transaction and move to the "Pending Payment" status. Actions related to the conclusion, modification, termination or execution of the Transaction by an individual authorized under the corresponding User account to access Protected Website pages shall be considered to be committed directly by the User, as if they were committed by him / her personally. The Provider has the right to refuse to confirm the Tourist's request for a booking within 24 hours from the moment of its submission.
    4. The User hereby confirms that he is aware that the Operator, other credit organizations and other persons providing payment services may charge their own fees for accepting payments within the Service. Under no circumstances shall the Administrator compensate Users for such commissions.
    5. The conditions of the funds transfer to pay for the Services of the Providers shall be established in the relevant Terms and Conditions of the Operator, which is placed under the button "Book" and is available to the Tourist for a review before transferring funds.
    6. If the payment procedure is violated by Users, the Administrator may block the violator's account at his own discretion without prior notice.

    9. Terms of payment services

  9. Scope and use of Payment services

    1. The Administrator shall provide Payment Services to Users through and due to the Yougo online service, including the collection, as well as the transfer and payment of funds, by engaging the services of third parties (the Operator) (hereinafter referred to as "Payment Services").
    2. The Administrator may temporarily andsubject to the legitimate interests of Users (for example, by sending a prior notice), restrict access to the Payment services or their particularfunctions to perform maintenance work ensuring the proper or improved functioning of the Payment services. The Administrator may improve, expand and modify the Payment services, as well as introduce new Payment services. The Administrator shall notify Users of any changes to the Payment services, unless such changes are of a minor nature and do not have a significant impact on the contractual obligations of the parties.
    3. The Payment services may contain links to third party websites and resources (Third party services). The operation of Third party services shall be subject to other terms and conditions, including privacy terms, and Users shall review them separately. The Administrator shall not be liable for the availability or accuracy of the Third party services or for the content, products or services of Third party services. Links to Third Party Services do not imply any guarantees regarding Third Party Services on the part of the Administrator.
    4. Payment services shall be provided exclusively under the law of the United Arab Emirates.
    5. To use or access certain Payment services, Users may be required to comply with or accept additional terms and conditions. Unless otherwise specified, in case of any conflict between these Payment terms and the terms applicable to certain Payment services, the latter shall prevail in relation to the use of or access to such Payment services.

  10. User verification when using Payment services

    1. The Operator may condition access to functions and services of the Payment services, as well as their use by certain conditions, for example, to require verification or compliance with certain criteria.
    2. The Administrator and the Operator have the right to request any information to identify or verify the payer's identity, as well as for fraud prevention. In this regard, the payer shall permit the Administrator and the Operator to search for their personal information in third-party databases and other sources, as well as request reports from service providers. The law of some jurisdictions obliges the Administrator and the Operator to collect personal data to comply with anti-money laundering regulations. These measures may include a request for proof of identity, to indicate the date of birth, address and other information; a request to verify your email address, Payment method; attempts to verify your information in third-party databases. The Operator shall reserve the right to terminate, suspend or restrict access to the Payment services if it is impossible to receive or verify your data.
    3. An Account on YOUGO shall be a prerequisite for using the Payment services.

  11. Payment Methods and Payout Methods

    1. The User shall choose a Payment method and / or Payout method in his personal cabinet and informs the Operator about the following:
      • general information, including the name, address of the payer and information of the means of payment;
      • information about the User’s legal form: individual or legal Entity;
      • country and other information required by the Operator (when using some Payout methods, the following information may be required to implement a Payout method: place of residence, account holder name, account type, bank code, account number, email address, payout currency and other account information).
    2. The User shall be liable to provide accurate, valid and complete information about the account when adding a specific Payment method and Payout method, and to maintain the validity of this method.
    3. The use of Payment methods and Payout methods may require the use of third-party payment operators. Such payment operators may charge Users additional fees for processing payments as part of the provision of Payment services, including withholding the fees from the Payout amount. The Administrator shall not be liable for such fees and shall be exempted from any liability in this regard. Use of Payment methods and Payout methods may be subject to additional rules of third-party payment operators. Before using Payment methods and Payout methods, the User is advised to read these rules.
    4. By this Agreement, the User shall authorize the Operator to store information about his Payment method and carry out debits by the specified Payment method under these Payment terms. If the bank information of the Payment method (for example, account number, bank code, expiration date) changes as a result of reissuance or for other reasons, the Operator may obtain this information from our financial services partners or the User's bank, as well as update the information about the Payment method saved in the Account.
    5. The User shall be solely liable for the accuracy and completeness of the information about the chosen Payment method. The Administrator shall not be liable for any losses incurred as a result of the User providing incorrect information about the Payment method and the Payout method.

  12. Settlement procedure

    1. The Tourist settles the transactions concluded by him with the Provider (hereinafter - settlements with the Provider) in terms of making the Prepayment by transferring the funds in the required amount to the Operator by the Payment Method chosen by the Tourist.
    2. Settlements with the Provider in terms of making the Post-payment may be carried out both with the involvement of the Operator services, and by transferring the money directly to the Provider. The Method of Payment in terms of making the Post-payment is established by the Provider.
    3. The Provider selects the Method of Payment (clauses 12.1, 12.2) in the Personal cabinet.
    4. The Operator shall make a payment from the funds received from the Tourist according to the Payment method specified by the Tourist in favor of the Provider according to the specified Payout method in the amount of the Pre/Post Payment, specified by the Provider when creating the Ad, after the tour was completed.
    5. The time required to credit Payouts may depend on the selected Payout Method and the schedule for processing the Payout Method set by the payment system. The Operator shall be entitled to postpone or cancel any Payouts to prevent illegal activity or fraud, as well as for security reasons, while risk assessment or investigation is pending.
    6. The amount of the Payout shall be transferred by the Operator after the Provider's Fee has been withheld. Information about the amount of the Provider's Fee can be found in the Provider's personal cabinet. By continuing to act as an Provider on the online service Yougo (including by placing Ads, concluding and executing transactions with Tourists, etc.) after the information about the amount of the Provider's fee is displayed in his personal cabinet, the Provider expresses his consent to the specified amount of the Provider's fee and the terms of its payment.
    7. The payer shall receive confirmation of the transfers made by the Operator to the e-mail address specified during registration.
    8. Each Provider that has published an Ad, by this action in accordance with this Agreement, shall appoint the Operator as its collection agent solely to receive funds from Tourists purchasing its services.
    9. The Provider agrees that the payment made by the Tourist through the Operator shall be equal to the payment made directly to the Provider, undertakes to provide the paid services to the Tourist in the agreed manner. The Provider has been notified that the Operator may return funds to the Tourist in accordance with the Operator's termsor legal requirements. The Provider understands that the obligation of the Operator to transfer the Payment is conditional on the successful receipt of the relevant funds from the Tourist. The Operator shall guarantee the transfer of Payment only in the amount successfully received by the Operator from the Tourist.
    10. Each Tourist shall agree that the Administrator and Operator shall not be a party to the agreement between the Tourist and the Provider, but shall act as an agent with limited liability for the collection of payments on behalf of the Provider. After the transfer of funds to the Operator, the Tourist's obligation to pay for the Provider's services for the agreed amount shall be considered fulfilled.
    11. Relations between the User and Recipients of funds, between the Payer and the Recipient, as well as between the Payer and the Credit institution shall be governed by agreements concluded between them and shall not be regulated by this Agreement.

  13. Change of booking, cancellation and refund

    1. If the Tourist cancels the booking ( refuses to fulfill the contract with the Provider in respect of the Expert-designed tour before its start, but after making the Prepayment and / or the Post-payment), the amount of payment made by the Tourist is returned to the Tourist in full by the Provider (hereinafter - the refund rules). The Provider has the right to specify other refund rules on its page in case the Tourist cancels the reservation. In this case, the provisions stipulated by clauses 4.4. 13.4. of this Agreement (Offer) cannot be changed.
    2. Any disputes related to non-compliance by the Provider and (or) the Tourist of the stipulated rules of refund are resolved by the parties by negotiation, and if necessary - with the Administrator acting as a moderator.
    3. If the Provider cancels the reservation before the tour, the amount paid by the Tourist is returned to the Tourist in full by the Provider, and the Administrator has the right to apply penalties to the Provider, which also can be withheld in the order provided in paragraph. 4.3 of this Agreement (Offer):
      • if canceled more than 16 days before the start of the tour, the penalty is 50 USD/EUR;
      • if canceled within 16 days before the start of the tour, the penalty is 100 USD/EUR.
    4. The Provider confirms that the Provider's Fee is a payment for the Administrator's services and does not affect the amount of refund to the Tourist in the case of cancellation of the trip. If the Provider is obliged to refund the money paid by the Tourist in cases stipulated in the rules of refund, the amount of the Provider's Fee withheld by the Administrator is compensated at the expense of the Provider.
    5. The refund is transferred to the Tourist 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 60 (sixty) business days and information about it will be published on the platform.

  14. Payment procedure using payment cards

    1. In order to use the YOUGO online Service the Provider (in case if the Provider acts as an individual) has the right to link a payment card to his Personal Account, to receive Payments for the services, to process refunds and partial refunds in cases, provided for in this Agreement.
    2. To use the Service, the Tourist may enter the details of his payment card each time when making a payment for the Service. Tourist may also “link” the payment card to his Personal cabinet.
    3. In the case of "linking" the card or in case of a one-time entry, payment card details shall be entered in the payment window of the Operator. The Service shall redirect the Tourist to the payment window for entering payment card details when the Tourist clicks on the "Book" button on the page of the booking in the Personal Cabinet.
    4. Subject to the receipt of authorization from the Tourist's payment card issuer, in the order established by the agreements between the Operator and the Tourist, funds shall be debited from the Tourist's payment card and the subsequent settlements shall be made with the Administrator and the Provider.
    5. After payment, the Provider shall be automatically sent a notification of payment, the need to confirm within 24 hours the order and the Provider's readiness to fulfill the Agreement.
    6. The Provider is obliged to fulfill his obligations under the Transaction within the time and in the manner specified in the Provider's offer. The time of execution shall not exceed the time for completing the Transaction.
    7. The Provider shall be liable for compliance with the term and method of execution of the Transaction agreed with the Tourist, as set forth in the Offer. If the Provider violates term or conditions of execution of the Transaction:
      • the order is subject to cancellation;
      • funds are subject to refund to the Tourist under the Cancellation and Refund rules according to these terms and conditions;
      • The Administrator may suspend and (or) terminate the Provider's access to the Website in whole or in part.
    8. In case the Provider's execution of the Transaction does not comply with the description provided by the Provider in the Offer, the Tourist shall have the right to demand compensation from the Provider and hold the Provider liable in accordance with the laws of the United Arab Emirates. In this case, the Tourist has no right to hold the Administrator liable under clauses 1.6, 1.8, 1.9. and other provisions of this Agreement.
    9. All issues not regulated by the Agreement, concerning the conclusion and execution of the Transaction by the Parties shall be resolved in accordance with applicable law.

  15. Administrator's details

    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]

  16. Details of the Money transfer operator

    1. Stripe, Inc.
      Detailed information about the Operator you can find on the company website: https://stripe.com
    2. 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, Village Khvanchkara, Block N 001, Plot N 047, Namosakhlevi
      Person: MIKHAIL REPNIKOV

Appendix No. 1 to the Agreement

List of goods and services prohibited for advertising, distribution, sale using the YOUGO online service

  • alcohol, alcoholic beverages, as well as devices for their manufacture;
  • tobacco, tobacco products, electronic cigarettes, hookahs, including accessories and consumables, smoking accessories (except lighters and ashtrays);
  • medicinal and pharmacological products, including those used in veterinary medicine;
  • medical services, including consultations with nutritionists, veterinary services, botox injections, therapeutic or children's massage and cosmetology services;
  • human organs and tissues, donor services, as well as surrogate mother services;
  • coins and banknotes in circulation;
  • state awards;
  • writing services and completed theses, term papers, similar types of work;
  • goods whose turnover violates the intellectual rights of third parties;
  • securities (shares, bonds, cheques, etc.) other than securities for collecting purposes with an explicitly specified expired period and/or a mark of invalidity/cancellation/repayment;
  • poisons, narcotic and psychotropic substances;
  • goods and equipment containing radioactive substances and isotopes, uranium and other fissile materials and products thereof, as well as waste containing them;
  • intimate services, as well as erotic materials and services for adults, including sex toys and condoms, underwear with cutouts or transparent (translucent);
  • all types of weapons (hunting, pneumatic, airsoft, civilian, paintball, etc.), including cold ones (except kitchen, penknives, stationery knives), as well as their accessories, copies of collectible weapons, souvenir and decorative weapons, as well as products structurally similar to weapons;
  • weapons, ammunition, military equipment, components and spare parts, all types of rocket fuel, explosives and waste, gunpowder, pyrotechnics, lasers, chemical warfare agents, special equipment of staff of paramilitary organizations and materials, special equipment, regulatory and technical documentation for their production and operation, uniforms of civil servants, including those with insignia;
  • goods or services intended to deceive users or government agencies, including identity documents, service certificates, passes, certificates of medical institutions, forms of documents, flip frames for license plates, speedometer correction services, counterfeit banknotes, neodymium magnets, vehicle documents, etc.
  • databases containing personal data, materials and services containing state, banking, commercial and other secrets (including codes from bank cards, safes, etc.); accounts of resources and services (social networks, e-mail, games, etc.);
  • technical means intended for the secret receipt of information, as well as encryption technology;
  • goods and services that have no consumer value, as well as transcendental services: witchcraft, magic, alternative medicine;
  • objects of cultural and archaeological heritage determined under the laws of United Arab Emirates;
  • services for installing illegal software copies and changing factory settings, including: firmware, unlock, jailbreak, etc., as well as goods with installed illegal software copies and changed factory settings;
  • extremist materials, goods with Nazi symbols;
  • rare and endangered animals and plants, products made from them, as well as skins, feathers and other parts and organs of wild animals;
  • gaming and lottery equipment used for gambling;
  • traps and fishing nets;
  • offers for the sale and registration of phone numbers, SIM cards or favorable tariffs, as well as cable television cards, offers for the lease of phone numbers, SIM cards (including, but not limited to, parts of a modem);
  • any financial services, insurance services, training in the game on the stock exchange and Forex, bankruptcy, financial intermediation, collection and anti-collection services;
  • medicinal raw materials obtained from reindeer breeding (antlers and endocrine raw materials);
  • materials transmitted virtually not recorded on electronic media (ideas, methods, plants), including electronic tickets;
  • season tickets, discount cards, certificates, coupons, club cards;
  • aquatic biological resources, animals obtained as a result of illegal fishing or illegal hunting;
  • precious and rare earth metals, precious stones, as well as waste containing precious and rare earth metals and precious stones (except jewelry);
  • results of research, design and educational work results of research on the creation of weapons and military equipment;
  • counterfeit goods or stolen property;
  • fake banknotes and fake postage stamps;
  • foreign currency and other currency values, coins and banknotes of United Arab Emirates in circulation (except their purchase and sale for numismatic purposes);
  • goods and services violating privacy or containing state, banking, commercial or other secrets;
  • phone numbers, email addresses or other contact details of third parties;
  • services aimed at cheating, promotion, as well as services for creating artificial traffic in social networks and other similar resources;
  • goods subject to state sanctions;
  • goods and services, the circulation of which is prohibited under the law of the United Arab Emirates.

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