GUP - rent and hire
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TERMS OF USE OF SERVICE "GUP"

1. GENERAL PROVISIONS

1.1. Terms of using the "GUP" service are a public service agreement on the Internet site https://www.gup.ua (the "Agreement") between the Limited Liability Company "GLOBAL UKRAINIAN PORTAL" and any capable individuals or legal entities.

1.2. LLC "GLOBAL UKRAINIAN PORTAL" (hereinafter referred to as the "Company") offers to individuals and legal entities (hereinafter referred to as the "Users") the services of "GUP" service, located on the website https://www.gup.ua, for posting information about Movable and Immovable property for the purpose of further rental of such property by other Users (hereinafter referred to as the "Service "GUP ").

1.3. By starting using the services of the "GUP" Service (for example: registration, viewing ads, contacting other Users), the User confirms that he has the necessary amount of legal capacity and acceptance of the terms of the Agreement in full, without any warnings or exceptions. In case of disagreement of the User with any of the provisions of this Agreement, the User is not entitled to use the "GUP" Service.

1.4. If the User does not fully or partially agree with the provisions of this Agreement, the Company calls not to use the "GUP" Service and leave the website https://www.gup.ua or mobile application to it (hereinafter referred to as the "Site").

1.5. The company is not a party to agreements concluded between users, but only provides a communication platform for the placement of goods.

1.6. Definition of concepts:

1.6.1. The Account is the user's electronic cabinet in the functional system of the "GUP" Service, through which he can manage his ads. The account can be used only by one User, the transfer of data for access to his account to another person is not allowed;

1.6.2. User is any capable physical or legal person who has accepted the terms of this Agreement and uses the services of the Company;

1.6.3. Renting is the hiring or delivery of property in which one party - the owner of the property (the Lessor) - provides it for a fee for temporary use to the other party - the Lessee;

1.6.4. Tenant – a User who uses the "GUP" Service to search for Movable and/or Immovable property for the purpose of it is Rent, and/or the User who entered into the Lease Agreement with the Lessor using the "GUP" Service;

1.6.5. Lessor is a User who uses the "GUP" Service to post information on the renting out of movable and/or immovable property owned by him on the basis of ownership or other material right;

1.6.6. Real estate is land plots, as well as objects located on the land (for example: houses, apartments, garages, etc.), which can not be moved without their depreciation and changing their purpose;

1.6.7. Movable property – things that can be freely moved in space;

1.6.8. Personal data – is information or a collection of information about an individual who is identified or can be identified with it's help;

1.6.9. An Application for Lease is a statement from the Lessee sent to the Lessor through the GUP Service, regarding its intention to lease the Lessor’s property specified in the corresponding announcement posted on the GUP Service;

1.6.10. A Lease Agreement is a confirmation by the Lessor of the application from the Lessee for the rental of the Lessor's property;

1.6.11. Agreement fee is a cash consideration paid to the Company by the Lessee or the Lessor. The lessee pays this amount for the attracted client when the application for the rental of his goods is transferred to the “On lease” status or 24 hours after the transition to the “On lease” status if transactions last more than one day. This fee is credited as remuneration to the Company.;

1.6.12. A personal account is a special site section that allows the User to access, to indicate and to configure personal data, manage advertisements and rental applications, etc .;

1.6.13. The User’s Personal Account is one of the sections of the Personal Account where the User can check the balance on the GUP Personal Account, replenish his balance, and also view the history of his transactions and invoices for attracted clients with GUP.

2. REGISTRATION

2.1. The User can register on the Site to use the "GUP" Service by filling in the appropriate registration forms posted on the Site and providing all necessary information (e-mail address, password, mobile phone number, etc.). Registration is considered completed only if all its stages are successfully passed in accordance with the instructions published on the Site.

2.2. The user can also sign up with a quick sign-up using his/her Facebook or Google account information by entering a Facebook, Google, Apple ID account info (login and password). The system then automatically pulls the available information into the user's account on the Site.

2.3. The user has the right to use the site services only with his/her own e-mail, mobile phone and password. In case of data transfer for access to the account to another person, such account can be blocked by the site administration without the prior warning of the User.

3. RULES FOR PLACING ADS

3.1. 3.1. After completing registration and being authorized in the system, the User will be able to create an offer for the Rent of movable and / or immovable property by filling out the appropriate form on the Site.

3.2. Information about the transaction fee can be viewed in the ad settings.

3.3. A User who places an announcement about the Rent of movable and/or immovable property on the Site undertakes to provide accurate, complete and reliable information about such property and the conditions as it is rent. The User guarantees that his advertisement does not contain insults, slander and is not propaganda for pornography, drugs, violence and does not contradict the current legislation of Ukraine. The User also warrants that the movable and/or immovable property, which he offered for Rent, does not endanger the life and health of other Users and the environment.

3.4. By posting information about the Rent of movable and/or immovable property on the Site, the User confirms that he has the right to rent out such property in accordance with the requirements of the current legislation of Ukraine.

3.5. The User warrants that the movable and/or immovable property which he offered for renting out is in accordance with the quality standards established by the current legislation of Ukraine and free from claims of third parties.

3.6. The user is obliged to carefully check all information regarding the Rent of movable and/or immovable property that he places on the Site and in case of finding inaccurate information, add the necessary information to the description of such property or the conditions of his Rent. If it is impossible to correct false information, the Company asks the User to remove such an announcement and re-create an advertisement that will meet the requirements of the Treaty.

3.7. Photos that demonstrate the movable and/or immovable property and offered by the User for Renting out must comply with the title and text of the ad. The photo should show only the property offered.

3.8. It is prohibited to place ads on the lease of movable and/or immovable property, which may entail a violation of the current legislation of Ukraine. In particular, it is prohibited to publish advertisements in relation to property that does not belong to the Lessor on the right of ownership, except for the case when the right holder empower the User (the author of the announcement) to transfer such property for renting out to other Users. Also, it is forbidden to offer the rental of goods that are not allowed to be found in civil turnover (objects withdrawn from civil circulation) and/or goods that can belong only to certain participants in the turnover or whose presence in civil turnover is allowed by special permission (objects that are limited to negotiable) in accordance with Art. 178 of the Civil Code of Ukraine. With the list of such objects it is possible to familiarize under the link:http://zakon0.rada.gov.ua/laws/show/2471-12.

3.9. The Company has the right to stop demonstrating the announcement if the User created it in violation of the terms of this Agreement or the current legislation of Ukraine.

3.10. Ads can pass random checks by the administration of the Company, both before and after placement.

4. RULES FOR PUBLISHING COMMENTS AND REVIEWS

4.1. We consider the review about the lessor as a composite of quality assessment of the transaction and a written commentary reflecting the personal experience of interaction with the lessor. Feedback can be left only after completion of the transaction.

4.2. We consider the review about the lessee as a composite of lessee decency evaluation and a written commentary reflecting the personal experience of interacting with the lessee. Feedback can be left only after completion of the transaction.

4.3. The system review will be automatically generated if the lessor ignores the goods rental application. This review will assign a minimum rating of 0.5 points.

4.4 Comment is the answer of the lessor or lessee within the dialogue on a specific recall. The user who left a review is responsible for the accuracy of the information contained in the feedback that he or she left.

4.5 Reviews about the portal lessors affect the ranking of the ad that is used for ranking the result page on request on the portal and in categories. Positive reviews are increasing the rating indicators, and negative ones are reducing them.

4.6. Reviews about the portal lessees affect rating indicators of the lessee which helps lessor to assess the decency and adequacy of the lessee when confirming the rental application.

4.7. The administration of the All-Ukrainian rental portal GUP.UA does not carry responsibility for the accuracy of the information contained in the reviews but is entitled to ask the author of the review for confirmation if there are any precedents, or the review is disputed. By leaving a review, the user agrees that the contact details provided by him can be used to contact him and verify the accuracy of information.

4.8. The company is not responsible for the accuracy of the information contained in the reviews, however, it has the right to apply for confirmation to the author of the review in the event of a precedent or recall contestation. Leaving a review, the user agrees that the contact information provided by him can be used to contact him and verify the accuracy of the information.

4.9. The company stands for fair competition between Lessors, based, inter alia, but not exclusively, on indicators of service quality, speed of processing rental applications, politeness and courtesy of the Lessor.

4.10. Feedback about the Lessor can be left after completion of the transaction on the basis of a rental application.

4.11. At the Company's discretion, reviews may undergo preliminary moderation before publication as the verification of compliance with the established publication rules. The moderation period can take up to 3 days from the moment of leaving a review.

4.12. Reviews contrary, which are don`t conduct the established publication rules, can be rejected by the "GUP" Service moderators. The review can be edited by the "GUP" Service moderator. If the changes do not distort the transmitted meaning of the review.

4.13. If the published review is disputed, it may be deactivated by the moderator of the GUP Service for time proceedings. The body of the review and the under left comments will be completely hidden, and the ad rating will be recalculated without taking into account this review. Upon completion of the proceedings, the recall may be reactivated.

4.14. You can leave a complaint to any review and comment using the feedback form on the GUP Service.

4.15. Comment can be left only to the published review.

4.16. Contrary comments to the established publication rules, for one reason or another, are being rejected by the moderators of the GUP Service.

4.17. On the GUP.ua portal it is prohibited to publish reviews, comments, and images following:

  • advertising of goods or services, commercial offers, publication of phone numbers, links to third-party sites, email or postal mail, offer to buy or sell something;
  • unrelated information, a meaningless letter combination, excerpts from literary works and any other information that does not reflect the experience of interaction with the lessor;
  • messages with the assessment of other lessors placing or not placing ads on GUP.UA;
  • messages written fully in capital letters (using the Caps Lock key) or by transliteration;
  • public clarification of personal relationships, conflict of interests between business partners, the employer and the employee, etc;
  • personal insults, abusive language, messages containing judgments or thoughts that humiliate honor, dignity, business reputation, including those expressed in rude, humiliating, or obscene form;
  • messages of a sexual nature, including pornographic content, as well as materials representing children in an erotic context;
  • discriminatory messages, including discrimination of individuals or groups by sex, age, race, nationality, or any other grounds;
  • illegal content - materials indicating any illegal actions or having other content contrary to the current legislation of Ukraine, including, but not limited to, promotion of prohibited substances
  • inciting of interracial, ethnic hatred, calls for the violation of current legislation, change of state system and other materials of an extremist nature
  • copyrighted materials owned by third parties;
  • an attempt to impersonate another person, reviews based not on own experience, but on the opinions of other people, rumours, etc;
  • confidential information, including third parties data (driving licence numbers, military IDs, identification codes, etc.)

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Site Administration has the right:

  • to make corrections to the text of the User's announcement concerning categories, spelling and punctuation that do not affect the general meaning of the announcement;
  • to refuse publishing ads if they violate the terms of this Agreement.

5.2. The company is not responsible for the content of ads or hyperlinks to the resources specified in the description of user announcements.

5.3. All objects of intellectual property rights (including: design elements, graphic images, illustrations, video, photos, computer programs, databases, music works) available with the help of the "GUP" Service, including any other content posted on the Site , are objects of exclusive rights of the Company, Users and/or other rightholders.

5.4. In order to grant the Company the right to publish information provided by the User, the User grants the Company an unlimited, irrevocable, non-exclusive right to use, publish, collect, demonstrate, copy, duplicate, reproduce, publicize copyright objects, publications available to the User, and as well as information provided to them, images and photographs on all known or unknown information media. The rights listed above are provided to the Company free of charge (without payment of a fee). In this case, the User retains all proprietary rights to the content of the information placed in the advertisement. In addition to the above, the User grants the right to access the posted information for all users of the "GUP" Service. The User agrees that the text of ads, photos and other materials added to the announcement can be used by the Company in the preparation of promotional materials, articles, reports, analyzes, etc., and used by the Company at its own discretion without additional consent from the User, without remuneration payments.

5.5 Using the "GUP" Service, the User confirms that he is personally responsible for the content of the ads placed by him, and also has all necessary rights, permissions to post information in the announcement on the Site, including without limitation all patents for industrial property objects, certificates for signs for goods and services (trademarks), copyrights or other rights to objects of intellectual property, or has the corresponding written consent, license or permission of all specified in the declaration of persons for the use of their personal data, objects of intellectual property owned by them, if required by the current legislation of Ukraine.

5.6 The User undertakes to:

  • do not commit actions that could lead to an overload of the Site;
  • do not interfere or attempt to interfere with the operation of the Site or restrict access to the Site.

5.7. The Company has the right to change or terminate the Service of the "GUP" at any time without notifying the Users, without bearing any responsibility for such changes or termination.

5.8. In order to maintain the high quality of its services, the Company reserves the right to limit the number of active User’s ads on the Site, as well as to restrict the User's actions on the Site.

5.9. The Company has the right to restrict the access to the Site for User, in the event that the User violates the terms of this Agreement. The fact of violation is considered confirmed if the User has been notified by the site administration about the conduct of activities that violate site rules or the rights of third parties. The Company reserves the right to delete or disable the User’s account any time, as well as delete all posted User’s advertisements.

5.10. The Company has the right to transfer the Site with all its services and content, including the User's Personal Data, to its successor under contracts or on other grounds. The transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation of Ukraine.

5.11. The user has the right to send complaints about the work of the Site by e-mail to support@gup.ua, which will be considered within 30 working days from the moment of their receipt or from the moment of receiving complete information on the merits of the complaint.

5.12. The Company reserves the right to require the User to confirm the data specified by him at registration by providing supporting documents at any time. In the case the User's data indicated in the documents provided by him do not correspond to the data specified at registration, and also in the case when the data specified during registration do not allow the User to be identified, the Company has the right to deny the User access to the use of the Service "GUP" with prior notification to the User or without notice.

6. PAYMENTS BETWEEN USERS

6.1. Users may pay each other in cash or non-cash for the rental of Personal and/or Real Estate.

6.2. Users can agree to make an advance payment for the booking as a guarantee of the transaction for the rental of Personal and/or Real Estate property. The amount of the prepayment is indicated by the Lessor in the ad settings.

7. PAYMENT FOR THE SERVICES OF THE "GUP"

7.1. Ads are published free of charge. The number of publications from one User is not limited.

7.2. The Company's reward for a successful transaction is the Transaction Fee. A Fee amount is 10% of the transaction’s amount.

7.3. In case of insufficient funds on the Lessor's account by the time of debiting the Agreement Fee, the Personal Account balance becomes negative.

7.4. In case of a negative balance at the beginning of the month, the possibility of confirming a new application by the Lessor will be limited until the debt is repaid.

7.5. You can pay for the Company's services by refilling your Personal Bill in your Personal Account, by credit card or by money transfer.

8. RESPONSIBILITY AND DISPUTE RESOLUTION

8.1. The company is not the organizer/initiator of the agreement between the Users, or its party. The site is a communication platform that allows Users to post ads on Rental of movable and/or immovable property at any time, from anywhere and at any price.

8.2. The Company, including its management and employees, is not responsible for the content of the ads posted on the Site, for any losses and losses resulting from the use of the User's Ads posted on the Site.

8.3. The company can not control the reliability of information posted by Users in ads. The Company is not liable for any losses caused as a result of the transaction or improper conduct of any party to the transaction.

8.4. The Company is not liable for the behavior of Users, or the property offered by them in the Rental specified in the announcements. All disputes and conflicts between Users are solved by them independently in accordance with the current legislation of Ukraine.

8.5. The Company is not liable for any unauthorized access or use of the Company's servers and/or any information about Users that is stored on them, as well as for any errors, viruses, "Trojan Horses ", etc. that can be transferred to the site or through the website by third parties.

8.6. The user should keep in mind that his counterparty may not have the dispositive legal capacity, or impersonate another person. Using the "GUP" Service, the User must be aware and accept these risks, and that the Company is not responsible for the actions or inaction of the User.

8.7. Inaction of the Company in case of violation of the provisions of the Agreement by the User or other Users does not deprive the Company of the right to take appropriate actions in defense of its interests later, nor does it mean the Company's refusal from its rights in case of such violations in the future.

8.8. The User has the right to inform the Company about the fact of violation of his rights by another User, by writing to e-mail support@gup.ua. In case of validity of the User's complaints, the Company, at its discretion, removes an advertisement that violates the User's rights or makes other actions necessary to resolve the conflict.

8.9. The Company is not liable for non-fulfillment or impediments in fulfilling its obligations to provide access to the Site due to force majeure circumstances, the consequences of which can not be avoided, or overcome (such as decisions of public authorities, labor disputes, accidents, etc.).

8.10. The Company is not liable for any problems in the operation of the Site caused by technical interruptions in the operation of the equipment and software.

8.11. Nothing in the Agreement can be understood as the establishment between the User and the Company of agency relations, relations of joint activity, labor relations, or any other relations not expressly provided for by the Treaty.

8.12. The company is not responsible for the advertising posted on the site's services, within the limits established by the current legislation of Ukraine.

8.13. All disputes arising between the Company and Users are resolved through negotiations and/or in court in accordance with the current legislation of Ukraine.

9. PERSONAL DATA

9.1. By registering on the Site, the User grants the Company the right to store and process their personal data in accordance with the Law of Ukraine "On Protection of Personal Data" dated June 01, 2010.

9.2. The Company processes personal data of Users with the purpose of creating conditions for communication of Users about Rent of movable and/or immovable property, provision of Services to Users, verification, research and analysis of such data that support and improve services and sections of the Site, and also develop new services and sections site.

9.3. The Company takes all necessary measures to protect the personal data of Users from unauthorized access, modification, disclosure or destruction, ensures the confidentiality and safety of the User's Personal Data.

9.4. The Company has the right to use the information provided by the Users, including Personal Data, in order to ensure compliance with the requirements of the current legislation of Ukraine (including with a view to preventing and/or suppressing unlawful and/or unlawful actions of Users). Disclosure of information provided by Users can be carried out only in accordance with the current legislation of Ukraine at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of Ukraine.

9.5. In the process of processing the User's Personal Data, the Company has the right to transfer such Personal Data to third parties, if necessary to achieve the processing objectives and subject to such third parties' compliance with the confidentiality and security of Personal Data.

9.6. The Company reserves the right to contact the User: send information messages to the e-mail and postal address specified during registration and send messages to the mobile phone number of the User.

9.7. The information is collected by using the software of the Site, after the User has indicated the appropriate data necessary for placing ads on it.

9.8. Information of a technical nature that is contained in the system, for example, ip-address, in accordance with the general rules of Internet communications, can be used by the Company for purposes related to the maintenance of network equipment and for other purposes, which does not contradict the legislation of Ukraine.

10. AMENDMENTS TO THE CONDITIONS OF USING THE "GUP" SERVICE

10.1. The Agreement can be changed by the Company without any special notice to the Users at any time. The new version of the Agreement comes into force from the moment of its posting on the Internet at the address specified in this paragraph of the Agreement, unless otherwise provided for by the new version of the Treaty. The current version of the Agreement is athttps://www.gup.ua/license.

11. TERM OF THE TERMS OF USE OF THE SERVICE "GUP"

11.1 This Agreement shall enter into force from the moment the User starts using the "GUP" Service or from the moment of registration of the User on the Site and acts indefinitely.

11.2. The User has the right to terminate his registration on the Site unilaterally, without prior notice to the Company and explanations of the reasons.

11.3. In the event that the Company has made any changes to the Agreement in the manner provided for in Clause 9.1. Agreements with which the User does not agree, he must stop using the "GUP" Service. The fact of continuing the use of the "GUP" Service is a confirmation of the user's consent with the corresponding edition of the Agreement.

11.4. The Company can terminate the Agreement in the following cases:

  • Violation of the provisions of this Agreement, any damage to the Company, including its reputation, or Users;
  • Committing other actions that are contrary to the company's policy.

11.5. Legal relations can be restored only after the Company takes the appropriate decision.