1. Definitions

 

1.1. User or You is an individual, a Firm or it's representatives that access the Site and/or use Services.

 

1.2. An individual is a person with civil legal capacity and full civil capacity that is not a business entity and who uses the Site and/or Services for personal needs and exclusively on his/her own behalf.

 

1.3. A Firm is a commercial entity ("business entity"), includes the concept of both a legal entity and an individual entrepreneur carrying out commercial (economic) activities using the Site and/or Services.

 

1.4. The Site is a "Transport information server lardi-trans.com", an information resourse that is available on the Internet and which uses a domain name lardi-trans.com (or other domain names that redirect to lardi-trans.com).

 

1.5. Lardi-Trans or We means a Limited Liability Company Lardi, a legal entity registered and operating under the legislation of Ukraine, USREOU code 30516477.

 

1.6. Service/Services means information services that are provided to a User (Firm) by the Site and/or by any other means (in particular but not exclusively, by email newsletters) with legitimate use of trade marks “Lardi-Trans”, “Ларди-Транс” and/or similar (derivative) designations as well as functional parts of the Site and means of providing services.

 

2. General provisions

 

2.1. This User Agreement (hereinafter - "the Agreement") governs the relations between you (hereinafter referred to as a "User"), on the one hand, and the Lardi-Trans, on the other hand, that arise from the operation of the Site and/or the provision of the Services. In particular, but not exclusively, this Agreement sets forth the rules and conditions for granting the User the right to use the Site and/or Services.

2.1.1 Through the medium of the Site, we provide an online platform through which Users, as part of their professional activities, can advertise, market, sell and/or offer their services for ordering, purchasing, booking transport and/or (freight forwarding) services, and other Site Users can find such services, compare, order, purchase or pay for them. By using the Site and the Services, you can enter into a direct (legally binding) contractual relationship with the service provider from whom you purchase or book a service. Lardi-Trans acts exclusively as an intermediary between you and other Users of the Site, providing them with the opportunity to view the relevant data on the conditions for the provision of your services or the services you are interested in. Lardi-Trans does not (re)sell or market any product or service.

2.1.2 When providing our Services, the information posted is based on information provided to us by the Users of the Site. Users who post and promote their transportation and/or freight forwarding services are solely responsible for updating information on prices, rates, fees, availability of vehicles, goods, rules, conditions and other data displayed on our Site. Despite the fact that we do our best to ensure the quality of our Service, we do not verify and cannot guarantee the accuracy or completeness of all information, and we are not responsible for any errors (including obvious errors and typos), disruptions (arising from (temporary and/or partial) breakdown, repair, improvement or maintenance of our Site or for other reasons), inaccurate or false information or failure to provide information. Each User, under any circumstances, is responsible for the accuracy, completeness and correctness of the (descriptive) information he/she provides (including rates, fees, prices, rules, conditions and the availability of vehicles, goods) and which is displayed on the Site. Our Site is not and should not be considered as a guarantee of the quality of the services provided by the Users, the level of service, etc., unless expressly stated otherwise.

 

2.2. This Agreement (including Terms and Conditions of the use of separate Services that are the part of the Agreement), in terms of the applicability of the relevant provisions to free/unregistered access, applies to both registered and unregistered Users of the Site.

 

2.3. Each representative of a Firm (as long as there is no sufficient reason to believe otherwise) is considered to be a duly authorized representative of the corresponding Firm and (unless stated otherwise) it is understood that the provisions of this User Agreement apply to the Firm in full.

 

2.4. This Agreement becomes available to the User upon entering the Site. Using the Site, any Services and/or registering an account means confirmation of the User's consent and unconditional acceptance of all the terms of this Agreement.

 

2.5. Lardi-Trans reserves the right to change the Agreement at any time without prior and/or subsequent notification of a User. The current version of the Agreement is always available at https://lardi-trans.com/agreement. The continued use of the Site and/or Services after any changes to the Agreement implies the unconditional acceptance of such changes.

 

3. Limited liability of Lardi-Trans

 

3.1. Access to the Site and Services is provided in the form which Lardi-Trans considers appropriate and convenient for the implementation of the tasks facing the Site and/ or Services, and Lardi-Trans does not guarantee the compliance of the Site and/or Services with the expectations and/or goals of the User.

 

3.2. The User understands and agrees that Lardi-Trans has the right, at its sole discretion and without special notice to the User, to change the set of Services available to the User and/or the features of the Site.

 

3.3. An individual, not a business entity, as a User of the Site and its Services, understands and agrees that in view of his/her legal status the access to the Services and/or the features of the Site has a number of restrictions, including: in placing offers and opinions, adding contacts, brand, logo, etc. The list of such restrictions can be changed by Lardi-Trans at its own discretion and without special notice to the User.

 

3.4. The User understands and agrees that Lardi-Trans does not guarantee 100% error-free and uninterrupted operation of the Site and/or Services and is not responsible for any possible damage caused to the User and/or third parties by technical failures of hardware and/or software on any side

 

3.5. The User understands and agrees that Lardi-Trans does not guarantee the accuracy of the information (including, but not limited: offers for freight transportation and/or vehicle offers) posted on the Site by third parties and shall not be liable for any possible damage caused to the User and/or third parties as a result of the use of the Site/Services.

 

3.6. The User understands and agrees that Lardi-Trans is not responsible for the accuracy of advertising information on the Site and for the quality of the advertised products/services.

 

3.7. Lardi-Trans reserves the right at any time (at its sole discretion) to suspend, restrict or terminate the User's access to the Site or to the some Services, including, but not exclusively, in the event of violation of this Agreement by the User and/or applicable law. At the same time, in cases of violation by the User, Lardi-Trans has no obligation to return the money paid for access to the Services and/or to pay damages.

 

3.8. All relationships arising between the Users of the Site and/or Services are limited to such Users. Lardi-Trans does not bear financial or other obligations for obligations between the Users.

 

3.9. Neither Lardi-Trans, nor any of our officers, directors, employees, representatives, subsidiaries, affiliates, distributors, agents and others involved in the creation, promotion and any other activity aimed at supporting the Site and/or Services and its content, is not responsible in accordance with the law for:

  • any penalties, direct, indirect and subsequent losses and damages, any loss of production, lost profits, loss of income, failure to conclude a contract, loss or damage to business reputation and failure to satisfy a claim for damages,
  • (ii) inaccuracy regarding (descriptive) information (including, but not exclusively, conditions, prices, availability of vehicles, goods, etc.) provided by the User on the Site,
  • any (direct, indirect, subsequent or punitive) losses, damages or costs incurred, accepted or paid by you and arising in connection with or as a result of use, inability to use or interruption in the operation of the Site and/or Services,
  • (personal) bodily harm, death, damage to property or other (direct, indirect, subsequent or punitive) losses, damages or costs incurred, accepted or paid by you as a result of (legal) actions, errors, violations, negligence, willful misconduct, omission, non-performance, misinterpretation, offenses of Users, whose products or services (directly or indirectly) are available, offered or promoted on or through the Site, including any (partial) cancellation, strike, force majeure or any other events beyond our control.

 

3.10. By uploading photos/images to our system (for example, in addition to an opinion), you confirm, warrant and agree that you are the copyright holder for these photos/images and consent to the use by Lardi-Trans of the uploaded photos/images on the Site, in publications (posted online and offline), as well as in any other way at the discretion of Lardi-Trans. You grant Lardi-Trans a non-exclusive, worldwide, irrevocable, unconditional and perpetual right and permission to use, reproduce, display, copy, distribute, license, transfer and post the photos/images in any manner at Lardi-Trans's discretion. Lardi-Trans does not own the rights to the uploaded photos/images and does not approve them in any way. The person who uploaded the photo/image is responsible for the accuracy, validity and right to use all photos/images. Lardi-Trans does not perform pre-moderation or any other preliminary verification of the photos/images uploaded by the Users and does not bear any responsibility and obligations in relation to the uploaded photos. The person who uploaded the photo guarantees that the photos/images do not contain viruses, Trojans or files infected with viruses, and also do not contain any pornographic, illegal, obscene, offensive or inappropriate material and do not violate the rights of third parties (intellectual property rights, copyright or privacy rights). Any photo/image that does not meet the above criteria will not be published and/or may be removed by Lardi-Trans at any time and without prior notice.

 

4. Account

 

4.1. While registering an account the User guarantees that he/she is legally and fully capable and/or, where appropriate, is authorized by the Firm.

 

4.2. The User undertakes to provide reliable information in the registration data:

  • about the Firm, including: name, legal and postal addresses, registration (identification, tax) codes (numbers), telephone number, email address, website address if there is one, other contact information, as well as the data about business activity: information about whether an individual entrepreneur is in the process of terminating of entrepreneurship and information whether a legal person is in the process of termination;
  • about an individual, not a business entity, including: full name, taxpayer's identification number, registration address, contact telephone numbers;

and constantly keep the information provided up to date.

 

4.3. The User is responsible and should solely take measures to ensure the security of his/her own account on the Site (including control of login and/or password, email address etc). The User is fully responsible for all the actions performed while using the User's account. The User should promptly notify Lardi-Trans about any cases of unauthorized use of the User's account by third parties. The User undertakes not to use in registration data any misleading information, including but not particular: symbols that reproduce trademarks and/or trade names of third parties or symbols that are similar to them to the point of confusion; data that duplicate data of any other account.

 

4.4. The User undertakes not to register and not to use more than one account at the same time.

 

4.5. The Firm undertakes to use it's account solely to meet the needs of the Firm that are directly related to the transportation of goods.

 

4.6. An individual, not a business entity, undertakes to use an account solely to meet personal needs, in particular, but not exclusively, related to the transportation of goods.

 

4.7. Lardi-Trans reserves the right to request (on an individual basis as well as within the framework of a verification system) documents to confirm the data provided by the User, and make decisions regarding the validity of the User's account based on the results of such queries.

 

4.8. Lardi-Trans reserves the right to block and/or to cancel (delete) registration of the User's account, in particular but not exclusively, in the following cases:

  1. violation of the conditions of registration and/or use of an account given in this section;
  2. violation of the rules of posting (providing) and/or any other use of information;
  3. successful or unsuccessful attempts to bypass the technical means of protecting information used by Lardi-Trans while providing the Services; various attacks on the Site, including but not exclusively, with the deliberate use of possible errors in the Site scripts.

 

4.9. Lardi-Trans reserves the right to keep the User's history of changes of any registration data for the account, with the same level of access to the history of changes as to the data itself. Any data saved in the history of changes for the account is recognized as acceptable and applicable to establish any circumstances related to the account and, in addition, in contrоversial and/or questionable situations (on the condition of additional documentary confirmation by the User of the good faith of data modification and account usage before and after such changes) referring to the time of relevance of the indication of such registration data.

 

4.10. Lardi-trans reserves the right to store in its databases all details, data and information, which were received from users, posted by users themselves or received from other official sources. Lardi-Trans ensures the confidentiality of such details, data and information and their storage in accordance with the provisions of the Privacy Policy, the requirements of national legislation and the provisions of international regulations.

 

4.11. The removal of information from Lardi-Trans databases is carried out in accordance with the Privacy Policy, the requirements of national legislation and the provisions of international regulations.

 

4.12. All disputes arising in connection with the Site and/or Services and to which Lardi-Trans is a party must be resolved through negotiations. If it is impossible to reach an agreement through negotiations, the dispute is taken to the competent court, in accordance with the requirements of the current legislation of Ukraine. Applicable law: substantive and procedural law of Ukraine.

 

5. Personal data and privacy

 

5.1. An individual User who is not a business entity, hereby grants Lardi-Trans consent (permission) to the processing of personal data in accordance with the Privacy Policy. This consent may be revoked by an individual at any time by contacting the Lardi Trans administration, subject to unconditional confirmation of his/her identity. In case of revocation of the consent to processing, personal data of such individual is stored in the Lardi-Trans databases and is not available to any third parties, except in cases provided by national legislation and provisions of international regulations. The removal of information from Lardi-Trans databases is carried out in accordance with the Privacy Policy, the requirements of national legislation and the provisions of international regulations.

 

5.2. When the User (for Firms) posts on the Site any information that contains data of third parties, the User (for Firms) guarantees that each such action does not violate the rights of third parties that are established by the law and/or an agreement. In particular but not exclusively, the User guarantees that each such action is confirmed with the consent of the subject of the relevant personal data.

 

5.3. The User is solely responsible for the correctness of the choice, where applicable, of the individual privacy settings/publicity of posted information using the Services with the help of the User's account, in particular, but not exclusively, to store documents (images). This provision applies equally to the protection of personal data and to the protection of trade secrets and/or other confidential information.

 

5.4. When using the Site and the Lardi-Trans Services, it is prohibited to post personal data of an individual such as racial or ethnic origin, political views, religious and other philosophical beliefs, membership in trade union organizations, as well as information on biometric data, health data, details about personal and sexual life. If such information is discovered, it will be deleted by the administration without any additional notifications.

5.5. Lardi-Trans is not responsible for any consequences of the use of the personal data of an individual, who is not a business entity, by other Users in the event that such data was placed by the individual himself/herself in violation of the requirements of this User Agreement and other Rules and Conditions of use of the Site and separate Lardi-Trans Services, or became known to third parties due to the User's failure to comply with the User Agreement and Privacy Policy.

 

5.6. In order to comply with the requirements of national legislation and provisions of international regulations, Lardi-Trans appointed an authorized person for data protection, whom you can get in touch with through the "Contacts" page or through the Lardi-Trans administration.

 

6. Use information by the User

 

6.1. Regardless of the channels that are used to communicate with other users and/or Lardi-Trans, the User agrees to comply with generally accepted standards of courtesy.

 

6.2. The User undertakes not to use (without special consent of Lardi-Trans) the Site and/or Services to provide any kind of advertising information and/or for the mass distribution of any information that does not correspond to the subject of the Site (Services).

 

6.3. The User undertakes not to perform dishonest actions against other Users and/or Lardi-Trans, in particular but not exclusively, to provide (using the Site/Services) any information that contains registration, personal or contact data of other persons as well as any other information that can mislead about true identity of an individual or authentic data about the Firm, relations between Users and/or intentions of Users. The User understands that such actions can be classified as fraud and thus be criminally punishable.

 

6.4. Individuals, who are not business entities, have the right to export their personal data if they need a copy of this data or they plan to use this information in third-party services. The export of personal data of an individual, who is not a business entity, is carried out by the Lardi-Trans administration on the basis of a request from such an individual, subject to unconditional confirmation of his/her identity.

 

6.5. Individuals, who are not business entities, have the right to delete their personal data in cases stipulated by the provisions of national legislation and provisions of international regulations, the information will be deleted in full or in part. The personal data of an individual, who is not a business entity, is deleted by the User himself/herself on his/her personal page and/or by the Lardi-Trans administration on the basis of a request from such an individual, subject to unconditional confirmation of his/her identity.

 

7. Intellectual property rights

 

7.1. Unless otherwise agreed, all software required to provide our Services and/or used on our Site and intellectual property rights (including copyright and related rights) in relation to the content, information and materials posted on the Site belong to the Lardi-Trans company.

 

7.2. Lardi-Trans reserves the exclusive right to own, use and dispose of (all intellectual property rights) (design style (including features)) the Site on which the Services are offered (including opinions) and you are not authorized to copying, automatic or software reading/collecting/analyzing of data, creating (hyper-/external) links, publishing, promoting, marketing, integrating, using, combining or otherwise applying content (including any translations and opinions of Users) or our brand and trademarks without our direct written permissions. In the event that you (in whole or in part) use or combine our (translated) content (including User opinions) or otherwise own intellectual property rights to any (translated) content or User opinions, you hereby transfer and assign all rights to intellectual property of this nature to Lardi-Trans. Any illegal use or performance of any of the aforementioned actions would constitute a material violation of our intellectual property rights (including copyright and related rights and rights of the database developer).

 

7.3. Lardi-Trans is the owner of exclusive intellectual property rights for the compilation of data (databases), access to which is provided to the User within the framework of the Services, in particular, but not exclusively, the compilation of data on offers, on the goods offered for transportation, and/or on the availability of vehicles. The user is granted the non-exclusive right to use the above-mentioned results of intellectual activity, the rights to which belong to Lardi-Trans, solely to meet his/her needs directly related to the transportation of goods. All rights to use (ways of using) data compilations that are not directly specified in this Agreement as provided to the User are considered not granted to the User and are reserved by Lardi-Trans. In particular, but not exclusively: The User is not entitled to reproduce and/or distribute Lardi-Trans intellectual property items by any means not expressly specified in this Agreement.

 

8. Structure and force of the User Agreement

 

8.1. In order to avoid confusion, all the above rules are general and apply to all the Services/sections of the Site, including but not exclusively: placing freight offers and/or offers of available vehicles, placing opinions in the "Reliability zone", Auto market, Forum.

 

8.2. The documents listed below and/or the accompanying instructions for the features on the corresponding pages of the Site establish special rules for the use of separate Services and are an integral part of this Agreement:

 

9. Contact with Lardi-Trans

 

9.1. You can find our contact information on the "Contacts" page. You can also use a separate web-form “Contact Support” or Live chat support.

 

9.2. If you notice suspected malfunctions and/or other phenomena that differ from the usual operation of the Site and/or Services, we recommend checking the section “Site news”.

 

9.3. You understand and agree that we have the right to record telephone conversations with the Support for our and your benefit as well as for the benefit of all the other well-meaning parties that can be involved.

 

Date of last update: 2021-08-18