E-SYSTEMS Limited Liability Company (abbreviated name – E-Systems LLC, hereinafter – Agent or Contractor), acting on the basis of the Charter and the Agency Agreement concluded with Ukrainian Railways JSC (Ukrzaliznytsia JSC) (hereinafter – the Carrier), hereby offers to enter into this Public Offer Agreement on provision of services for issue/return of travel/transportation documents in passenger traffic, seat reservations and related services through the website of E-Systems LLC e-kvytok.ua (hereinafter – the Agreement).
The Public Offer Agreement is public and, according to articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all consumers, and full, unconditional and irrevocable acceptance of its terms (payment by any means according to part 2 of art. 642 of the Civil Code of Ukraine) shall be considered to be the Acceptance of this Agreement between the Customer (Client, User, Passenger) and the Contractor and certifies the fact of its conclusion. It is mandatory for the Client to familiarize himself/herself with the terms and conditions hereof.
The terms “We”, “Us”, “Our”, “Contractor”, “Website”, “Agent” and “e-kvytok.ua” shall refer to E-SYSTEMS LLC, which is the Agent of Ukrainian Railways JSC (Ukrzaliznytsia JSC) on the basis of the concluded Agency Agreement, and which is authorized to provide services to the Customer (Client, User, Passenger) on behalf, for the benefit, under control and at the expense of the Carrier in order to issue/return travel/transportation documents, reservations, registration of related services in passenger traffic and other information services.
Website shall mean a set of data, electronic (digital) information, other objects of copyright and (or) associated rights, etc., related to each other and structured within the website address and (or) account of the owner of this website, which is accessed through the Internet address, which can consist of a domain name, directory or call records and (or) numeric address on the Internet protocol, owned by E-SYSTEMS LLC and located in the Internet at https://e-kvytok.ua/.
Public Offer Agreement (Agreement, Offer) shall mean this document published on the Internet at: https://e-kvytok.ua/.
Acceptance shall mean full, unconditional and irrevocable acceptance of the terms and conditions of the Public Offer Agreement by taking actions by the Client expressing his/her intention to use the Website for registration of the Services, including, but not limited to: registration/authorization on the Website; and/or creating or paying for the Services; and/or setting an appropriate note of approval of the terms and conditions of the Public Offer Agreement, etc.
Acceptance of the offer shall generate legal consequences for the parties in accordance with the terms defined herein.
Customer/Client/User/Passenger shall mean an individual or a legal entity that has agreed to the terms and conditions hereof in order to receive the Services and pay for them on the Website.
Account (My Account) shall mean the Website’s section, where the purchased Customer's TTD/ETD are displayed.
Authorization shall mean a process of confirming the User's identity on the Website.
Payment System shall mean a service on the Internet by means of which the Customers can pay for the TTD/ETD in real time.
Carrier shall mean Ukrainian Railways JSC (Ukrzaliznytsia JSC) – the company directly providing the service of passenger/luggage transportation, etc.
Payment Processing Fee shall mean an additional fee paid by the Customer in favor of the Contractor under the Public Offer Agreement for the provision of Services by the Contractor through the Website.
Service (Ordering Service) shall mean a possibility provided by the Contractor on issuing/returning the TTD/ETD, reservation of seats, registration of related services through the Website and other information services.
Travel/Transport Document (TTD) shall mean a document of standard form certifying the right to travel by rail or carry luggage.
Order Form shall mean a document that the Customer receives upon successful registration of and payment for the TTD and related services on the Website and that contains full information about the upcoming trip (passenger's full name, station of departure/destination, date of departure/arrival, train number, carriage, seat, etc.) and a unique number.
The Order Form does not give the right to board and travel on the train, transport the luggage by rail and is subject to compulsory exchange at any automated railway ticket office of the mainland Ukraine.
Electronic Travel/Transport Document (ETD) shall mean an electronic document generated based on the results of successful registration of and payment for the ETD on the Website, containing full information on the upcoming trip and registered luggage (passenger's full name, station of departure/destination, date of departure/arrival, train number, carriage, seat, etc.) and a unique number.
Boarding Document (visual form of the Electronic Travel Document) shall mean a settlement document received by the Customer upon successful registration of and payment for the Electronic Travel Document on the Website.
The Boarding Document gives you the right to board and travel on the train without applying to the railway ticket office.
The Boarding Document printed (converted), according to the Passenger's request, at the automated ticket office on a standard form shall not be valid for travel.
Return Document shall mean a settlement document received by the Customer as a result of successful return of ETD through the Website or other electronic channels.
2.Subject Matter of the Agreement
2.1The Contractor undertakes to provide services to the Client for the registration/return of the TTD/ETD, registration of related services in passenger traffic through the Website, other information services in accordance with the terms hereof, and the Customer agrees to pay in full for the Services at a set cost.
2.2This Public Offer Agreement shall be considered to be entered into by and between the Contractor and the Client upon the confirmation by the Client of their consent to its terms and conditions by accepting the Offer.
2.3The Website services shall be provided only after the Client's consent to the terms and conditions hereof is confirmed.
2.4Obligations of the Contractor to the Customer hereunder shall be considered to be fulfilled in full from the moment of providing the Customer with the ETD/TTD/Order Form by displaying it on the screen after payment for the order and/or displaying it in “My Account” section and/or sending to the Customer's e-mail address specified during registration. As for sending the ETD/TTD to the e-mail address specified by the Customer when ordering, this service is not obligatory.
2.5The Contractor is not a Carrier and does not directly provide transportation services and does not provide services related thereto. Any claims regarding transportation services, services related thereto, their quality, etc. shall be resolved between the Customer and the Carrier without participation of the Contractor.
2.6The specifics of registration/return of ETD/TTD, transportation of Passengers, provision of other services, etc., which are provided/performed by the Carrier, shall be determined by the Rules of Transportation of Passengers, Baggage, Cargo and Mail by Rail Transport of Ukraine, approved by Order of the Ministry of Transport and Communications of Ukraine No. 1196 of 27.12.2016 (as amended) (registered with the Ministry of Justice of Ukraine on April 4, 2007 under No. 310/13577) (hereinafter – the “Rules”), which is a normative legal act, approved and registered in accordance with the current legislation in Ukraine and is subject to compulsory execution for all involved. The full text of the Rules is available at:
https://zakon.rada.gov.ua/laws/show/z0310-07#Text. The Customer/Passenger shall be obliged to familiarize themselves with the Rules on their own. The person who has used the Service (the Customer) and/or the person using the ticket (the Passenger) shall be responsible for compliance with the requirements of the Rules of carriage.
3.1The Customer shall agree that the total cost of the Ordering Services (the price of ETD/TTD, related services, information services, etc.) displayed on the Website includes or may include: the cost of ETD/TTD established in accordance with current legislation and/or rules and tariffs of the Carrier, fees and charges of the Carrier, cost of related services, payment system commission, Payment Processing Fee of the Contractor, taxes and other possible additional charges. The Client shall consent to the withdrawal of the total cost of the purchased Service from its bank card.
3.2Payment Processing Fee of the Contractor when registering/returning by the Customer a ETD/TTD shall not be returned to the Customer.
4.1Registration of Services can be made by cashless payment of the total cost of Services online on the Website.
Depending on the type of train, the Client may receive an ETD/TTD/Order Form. Information on ordering the Service once the payment has been made is posted:
-and/or displayed on the screen;
-and/or displayed in “My Account” section;
-and/or sent to the Customer's e-mail address specified during registration.The Order Form does not entitle the Passenger to board and travel by train, or carry luggage by rail, and is subject to compulsory exchange at any automated railway ticket office in mainland Ukraine, within the period and in the manner prescribed by the Carrier.
The Contractor shall not be liable for any failure of the Passenger to timely apply to the ticket office to exchange the Order Form.
4.2Services of ordering ETD/TTD for the train are only for full, student and children's travel documents.
4.2.1When registering ETD/TTD for students with a student ID card, there is a discount, the amount of which shall be determined in accordance with applicable law and/or the Carrier's rules and tariffs.
4.2.2For children from six to fourteen years of age, with a birth certificate, there is also a discount, the amount of which shall be determined in accordance with applicable law and/or the Carrier's rules and tariffs.
4.3The Service of ordering an ETD/TTD may be carried out by the Client within the time limits provided for by the Carrier, taking into account the time required for payment, generation of ETD/TTD, printing and receipt of travel (transportation) documents at the ticket office (if necessary).
4.4To order an ETD/TTD you need to select the point of departure, destination, date, then the train, carriage and seats (free seats are displayed in black; upper/lower berths (for car types – suite, compartment and parlor) are numbered as follows: even numbers – upper, odd – lower in this carriage.
4.5The Service shall be considered to be duly and fully rendered after the information about the paid order is displayed and the ETD/TTD is displayed.
4.6The ETD/TTD printed (converted), according to the Passenger's request, at the automated railway ticket office on the prescribed form shall not be valid for travel.
4.7After the Client has received the ETD/TTD, he/she shall be solely responsible for its preservation/loss, data of the unique order number, etc. with respect thereto.
4.8Boarding the train shall be in accordance with the rules and procedures established by the Carrier. The Contractor shall not be responsible for the Passenger's lack of the necessary documents, tickets, identity cards, child documents, certificates, permits, visas, etc., required for boarding the train and traveling.
5.1Return of ETD/TTD for rail passenger transportation, registered on the Website, can be made:
-at the railway ticket office on the mainland of Ukraine;
-or in “My Account” on the Website in the “Actual tickets” section, select the ticket to be returned, then click “Return” button (provided the ticket has not been printed on the blank travel document at the Carrier's railway ticket office beforehand), but no later than 15 minutes before the train's departure;
-or on the Carrier's website (provided the ticket has not been printed on a blank travel document at the Carrier's railway ticket office), before the train's departure.
5.2The Order Form can be returned:
-at the railway ticket office on the mainland of Ukraine;
-or on the Carrier's website (provided the travel documents have not been printed in advance at the Carrier's railway ticket office), before the train's departure.
If you are returning an Order Form that contains two or more documents, all documents will be returned at the same time. If you have such a need, you can return only one document from the Order Form by applying to the railway ticket office on the mainland of Ukraine.
5.3The refund shall be made in the amount and according to the procedure established by applicable law of Ukraine, according to the fare application rules established by the Carriers and after deduction of all commissions and expenses incurred by the Agent and the Carrier. The amount to be refunded to the Customer/Passenger for the unused ETD/TTD shall be calculated by the Carrier.
5.4When returning an ETD/TTD, the following charges will (may) be withheld: established by applicable law, rules of the Carrier, Service Provider, Contractor, commission fees, fees paid when ordering Services, ticket refund fees, money transfer fees and other amounts not subject to refund.
5.5Refunds to the Customer for returned ETD/TTD shall be made to the bank card from which the payment was made.
5.6If the issue between the Passenger and the Carrier is resolved as a claim in the cases envisaged by the Rules, the consideration of the refund for the unused ETD/TTD shall take place without the participation of the Contractor. If the application is approved, the Carrier independently shall refund the money to the Passenger without the Contractor's participation.
5.7The Contractor shall have the right to deduct the Payment Processing Fee from the funds to be returned to the Customer for the returned ETD/TTD. The Customer shall give the Contractor unconditional, unconditional consent to such withholding.
5.8The refund period for returned ETD/TTD to the bank card from which the Order was made, shall be up to 30 days from the date of return of ETD/TTD, provided that the Agent receives the appropriate return registers from the Carrier and funds to be returned to the Clients are credited by the latter to the account of the Agent. The Customer understands and agrees that the Carrier shall provide the Agent with return registers indicating all data on the returned ETD/TTD and the amounts to be returned to the Customers/Passengers with a certain periodicity; based on these registers after their coordination with the Contractor, the Carrier shall credit to the Contractor the corresponding funds to be returned. The periodicity and timing of the Carrier's provision of refund registers to the Agent, their coordination and crediting of the relevant funds to the Agent are not known and may take some time.
5.9The Customer shall agree that for the period of martial law or a state of emergency imposed on the territory of Ukraine or its separate parts, the refund period for the returned ETD/TTD to the bank card from which the Order was made, may be up to 90 days and may be extended indefinitely until the situation is stabilized.
5.10The Customer shall agree that the return of the ETD/TTD/Order Form and the subsequent return of the relevant funds shall be carried out exclusively in accordance with the rules and tariffs established by the Carrier and the current legislation of Ukraine, without involving the acquiring bank and/or the issuing bank, using the procedure of claim or compulsory collection of relevant funds by the bank from the Contractor.
5.11The Customer shall agree that the return of funds for unused ETD/TTD/Order Form can be carried out with the involvement of the acquiring bank and/or the issuing bank with the application of the procedure of claim or compulsory recovery of the relevant funds by the bank from the Contractor only in case of the Contractor's failure to provide the Customer with the Services in the manner provided by clause 2.4 hereof and conducting an appropriate investigation with an opportunity to appeal, to establish and prove the relevant facts.
5.12The Customer shall agree that in case the Agent's bank writes off money for the returned ETD/TTD /Order Form upon its request before the deadline specified in clauses 5.10 and/or 5.11 hereof, the Agent can apply to the Customer for compensation of the Agent’s expenses, and the Customer in its turn is obliged to compensate the amount of incurred Agent’s expenses within 3 (three) banking days after receipt of the request from the Agent sent to an e-mail or other possible convenient way.
5.13The Customer shall agree that, in any case, the Agent shall not be liable for the late processing of the return of unused tickets by the Customer.
5.14The Customer shall agree that the ETD/TTD shall be considered to be returned via the Website only upon receipt of a letter from the Contractor to the Customer's e-mail address with the relevant confirmation and/or Return Document. In case of non-receipt of such notification, the Customer shall be obliged to return the ETD/TTD by any other available way and time limits stipulated by the Rules and the Carrier, including, but not limited to, through the Carrier's railway ticket offices.
5.15In case the Customer/Passenger returns the purchased ETD/TTD/Order Form through the Carrier's railway ticket office or Carrier's website or Website and receives the corresponding Return Document or any other document provided by the Carrier confirming the return, the Customer shall agree that he/she shall have no right to appeal against the respective transaction of purchasing the Services through the acquiring bank and/or issuing bank with a claim or compulsory recovery procedure from the Contractor of the relevant funds, and shall be obliged to wait for the return of funds from the Contractor within the time limits stipulated herein.
5.16If for any reasons, including, but not limited to, lack of access to the Website, technical works thereon, lack of power supply or Internet access to the Contractor, etc., resulting in its disability and any other reasons, the Customer shall agree that these circumstances are not improper provision of the Services by the Contractor, such circumstances are not subject to appeal and the Customer shall understand and undertake to return the ETD/TTD by any other available means and time limits stipulated by the Rules and the Carrier, including, but not limited to, through the Carrier's railway ticket offices.
5.17The Website support service may request from the Customer, who initiates a return or to resolve other situations, scanned copies of additional documents: refund receipts issued at the train station ticket office, tickets purchased on the website, proof of payment or other documents, if necessary.
5.18Special conditions for returning ETD/TTD:
Payments for unused ETD/TTD executed via electronic communication channels shall be refunded:
-by the passenger himself/herself through electronic communication channels prior to the train departure indicated in the ETD/TTD;
-after the train departure, but not later than one hour after its departure, through the ticket offices of the points of departure.
In other cases, the Carrier shall consider the issue of refunding payments for unused ETD/TTD, registered via electronic communication channels, in accordance with the claim procedure.
Payments for electronic ETD/TTD saved on electronic media shall be refunded at ticket offices after the passenger prints them out on paper.
In the event of the cancellation of the train indicated in the travel document or if it is more than one hour late for departure from the point of departure, or if the passenger does not receive the seats indicated in the travel document, or if the passenger misses the train from the transfer point through the fault of the Carrier and the Passenger thus refuses to use another seat or train, for a refund, the Passenger must present his/her travel documents for the marking “Travel document not used in full due to the fault of the carrier”. On the basis of this marking the Passenger will receive an appropriate refund from the Carrier.
5.19The Customer shall understand and agree that after he/she has paid for the Order it is impossible to refuse the Order and the payment made and, in case of refusal the refund shall be made under the general procedure of returning the ETD/TTD/Order Form provided for in this Agreement, the Rules and by the Carrier.
6.1By using this Website, the Client acknowledges that:
-he/she is 18 years of age or older;
-he/she has full legal status and capacity;
-he/she will use this Website in accordance herewith;
-he/she will use this Website only to make lawful purchases of Services for himself/herself or for another person on whose behalf he/she is legally authorized to act;
-to other persons for whom the Client will purchase Services, he/she has disclosed the terms and conditions relating to the purchase of Services made by him/her on their behalf, including all applicable rules, fees, restrictions, etc.;
-all information he/she provides on this Website is true, accurate, current and complete.
6.2The Agent may, in its sole discretion, deny anyone access to the Website and the Services it offers at any time, without stating a reason.
7.1The Contractor shall not be liable for any and all actions or inaction, errors, omissions, reservations, representations, warranties, violations or negligence of any of the Service Providers/Carriers; or for any personal injury, death, property damage or other losses or additional expenses resulting from the foregoing and shall not reimburse for said reasons.
7.2The Contractor shall not be liable and will make no payment or compensation for losses and additional expenses incurred during or as a result of using the Services or additional services, including but not limited to any delay, cancellation, re-routing, loss or damage of luggage or personal belongings, strikes, force majeure, change of cost of the Services and tariffs, withdrawal of sale tariffs, cancellation of paid or unpaid Services or additional services or for other reasons, as these circumstances are beyond its control and regulation. The Customer is obliged to independently monitor all changes regarding the above through the official channels/websites/pages, etc. of the Carrier.
7.3The Contractor shall not be liable and will make no payment or compensation for the actions/inaction of the Carrier.
7.4The Contractor shall not be liable and will make no payment or compensation for non-delivery/delayed delivery of the ordered Services by any communication channels, including but not limited to problems with communication channels, e-mail, mail server, Internet network and the like.
7.5The Contractor shall not be liable and will make no payment or compensation, for full or partial disability of the Website and its components for any period of time, and if the Customer cannot access the Website or incurs any indirect or direct costs in connection with these circumstances.
7.6Under no circumstances shall the Contractor be liable for, make any refunds or compensations to the Customer in the following cases:
7.6.1the Client's ignorance or failure to comply with the terms of this Agreement, and failure to familiarize with the rules of the provision of the Services/Rules of tariffs of selected providers of Services/Carriers, and the specifics of the provision of Services or additional Services;
7.6.2in case of the Client's negligent attitude to security measures and protection of his/her personal, payment or other data. If third parties gained unauthorized access to the “My Account” section and personal and other data of the Client, which caused damage to the Client;
7.6.3for non-delivery by the communication systems and/or untimely reading/non-reading by the Client or the Passenger of the electronic messages sent by the Contractor/Carrier/Service Provider/Payment system and related to the use of the Website and ordering Services or additional Services;
7.6.4in case of inability to fulfill the obligations assumed due to inaccuracy, insufficiency and untimeliness of the information and documents provided by the Client, or the Client's violation of the terms and conditions hereof;
7.6.5if the Clients/Passengers for any reason do not have duly registered documents required to receive the Services and defined herein or by the Carrier/Service Provider;
7.6.6in case of failure to provide, incomplete provision, incorrect provision by the Client of the data when ordering the Services, including, but not limited to: the Passenger data, e-mail, phone number, etc., which were provided directly by the Client when ordering the Services;
7.6.7for non-appearance or delay of the Customer/Passenger to the place of train departure;
7.6.8for negative consequences and losses resulting from events and circumstances beyond its competence, as well as for the actions (inaction) of third parties during the travel by the Customer/Passenger;
7.6.9for ignorance or non-compliance of the Customer/Passenger with the rules and conditions of travel established by the Carriers or the applicable laws of Ukraine/foreign countries;
7.6.10for the transfer of his/her bank card data by the Customer to third parties and/or if the Customer's negligent attitude resulted in third parties retrieving his/her bank card data, which resulted in the registration of the Services on the Website and debiting the relevant funds from the Customer's bank card.
7.7The Customer shall agree that if the Contractor fails to provide access to the Website, its Services and Website services, due to force majeure or interruption of communication channels, Internet, technical works, etc., the Contractor will not break any obligation to you thereby.
7.8The Customer shall be responsible for maintaining the confidentiality of his/her password. All actions using the Customer's email and password shall be considered to be performed by the Customer personally.
7.9The Customer shall be liable for the authenticity of the data specified by him/her at registration and/or ordering the Services and preservation of their confidentiality. All disputable issues connected with performance hereof shall be resolved by the Parties with the use of personal data of the Customer specified by him/her at registration and/or ordering the Services.
7.10The Customer shall be responsible:
7.10.1when ordering and paying for the Services, as a result of which the Customer receives an Order Form (with subsequent printing and receipt of documents at the ticket office) – for confidentiality of the order number and timely receipt of travel (transportation) documents at the ticket office;
7.10.2when ordering and paying for ETD/TTD (with the provision of boarding documents) – for keeping the boarding document number confidential and the consequences of unauthorized copying of the boarding document by third parties;
7.10.3in all cases, for keeping the order number (document) received immediately after payment.
8.1The Customer/Passenger shall provide to the Agent (E-SYSTEMS LLC) his/her unconditional, irrevocable and full consent to collect, process, accumulate, store, transfer (including but not limited to transfer to third parties such as Banks, Payment systems, Carrier, law enforcement and tax authorities and other persons) and use his/her personal data (last name, first name, middle name, e-mail address, cell phone number and any other personal data or data of the Customer/Passenger which were provided by him/her or became known from other public sources) solely for the purpose and to the extent of ensuring the Contractor to perform its obligations under the Agreement and/or to resolve any disputes that may arise in relation to the Services provided.
8.2Processing of the Client's personal data shall be carried out in accordance with the Law of Ukraine “On Protection of Personal Data” and other legislative acts of Ukraine.
8.3If you create an order for the Services and make payment for them on behalf of or for the benefit of third parties, the information you provide about them shall also be collected and processed by the Agent under the same terms and conditions as your personal data is processed. By providing such information about third parties, you confirm that such third party is familiar with these terms and conditions, understands their implications and provides its unconditional, irrevocable and full consent to the collection, processing, accumulation, storage, transfer and use of its personal data in accordance herewith, and agrees that access to such information is possible only from your “My account” section.
8.4We use your personal information to enable us to provide the Services and to fulfill contractual terms and conditions with Service Providers/Carriers for the Services you order; to communicate with you about the Services you order and/or send confirmations of your orders; to communicate with the bank and payment systems for the Services you order; to manage your orders; to provide website and service support; to provide information about existing or future services and offers; to improve the Website and user experience; to respond to your inquiries and comments; to participate in our surveys and requests for feedback; to research services you may be interested in; to resolve claims; to report possible prohibited or illegal activities; to address any issues that may arise under or in relation to the performance of the Offer Agreement; for other purposes of which we will notify you. Payment card data is used to confirm payment for Services on the Website.
8.5By using this Website and creating orders, you agree that your data may be transferred to third parties only for the purpose of properly providing the Services you have chosen and resolving disputes that could not be provided or resolved without such transfer of your personal data and/or for other circumstances and requirements as provided by applicable law.
9.1The Contractor shall be exempt from liability for full or partial failure to perform its obligations hereunder if such failure was caused by an event or circumstances of insuperable force (force majeure).
9.2Circumstances or event of insuperable force should be understood as circumstances that exclude or objectively prevent the performance of the terms and conditions hereof, are of an extraordinary, inevitable and unforeseeable nature, and which the parties could not foresee or prevent by reasonable measures. Such circumstances include, but are not limited to: exceptional weather and natural disasters, communications network failures, power outages, Internet and other communications network outages, Website outages, server and software outages and failures, hacking attacks, software upgrades, scheduled and unscheduled maintenance and preventive maintenance of the Website, actions or orders of any governmental authorities, significant adverse amendments to any applicable laws, foreign exchange restrictions, extraordinary circumstances on a local or national scale, unforeseen actions or inaction of third parties who are not a party hereto and/or occurring independently of the will and desire of a party hereto, threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, acts of foreign enemy, general military mobilization, military actions, declared and undeclared war, acts of public enemy, outrage, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass disorder, imposition of curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, emergency, unlawful actions of third parties, epidemics, fire, explosion, long interruption of transport, embargo, export/import ban (restriction), conditions regulated by relevant decisions and acts of state and local authorities, as well as circumstances related to the liquidation of consequences caused by exceptional weather conditions and unforeseen situations and other circumstances beyond reasonable control.
9.3The time limits for performing the obligations hereunder shall be postponed commensurate with the time during which such circumstances of insuperable force and their consequences will be in effect.
10.1This Agreement and all legal relations arising from or related hereto, including those related to the validity, conclusion, performance, amendment and termination hereof, interpretation of its terms, determination of the consequences of invalidity or breach hereof, shall be governed by this Agreement. Relationships of the Parties not stipulated hereunder, but similar to those that arise from this Agreement and/or in connection with its performance, shall be regulated and interpreted in accordance with the substantive and procedural law of Ukraine, rules, instructions, provisions, normative legal acts of state authorities or other authorized organizations, regulating the provision of the Website services.
10.2All disputes and disagreements arising in connection herewith shall be resolved through negotiations between the parties. Pretrial consideration of disputes is mandatory for the parties. If the parties were unable to resolve any dispute and/or disagreement by negotiation, the party believing that its rights have been violated shall be obliged to send the other party a pretrial claim, the period of consideration of which is thirty (30) working days from the receipt of the claim In case of failure to receive a response to the claim within thirty (30) working days, and if the answer was received, but not satisfactory to the party who believes that its rights are violated, such party has the right to appeal to court.
10.3The parties have agreed that all disputes and disagreements, which have not been resolved by negotiations and not settled under the pre-action protocol, shall be resolved by the parties in accordance with the rules of jurisdiction and competence established by the legislation of Ukraine. The parties have agreed that the rules of Ukrainian law will be used when considering disputes.
11.1The Customer shall agree with the rules, terms and conditions of ordering the Services established by the Website.
11.2The Customer shall agree NOT to:
-use this Website or its content for commercial purposes;
-make speculative, false or fraudulent purchases;
-access, monitor or copy any content or information from this Website using any robot, search engine or other automatic means or any manual process for any purpose without our express written permission;
-do anything that causes or is likely to cause, in our judgment, excessive or greater strain on our system;
-“frame”, “mirror”, or otherwise incorporate any portion of this Website into any other website without our prior written permission.
11.3If the Customer violates clause 11.2 hereof, the Customer shall be liable under the applicable law, including but not limited to administrative, financial, and criminal liability, with the obligation of the Customer to cover all losses to the Contractor, including but not limited to lost profits and advertising costs, caused by the respective violation.
12.1The Agreement shall come into effect upon of its Acceptance in the way provided by the Agreement. The Contractor shall have the right to make any changes hereto without notice, by posting a new version on the Website. So, we ask you to review the current version of the Agreement each time before paying.
12.2The title to the funds received from the Customer for the Order Services in the amount of the cost of the ETD/TTD shall not pass to the Contractor; these funds are in transit and belong to the recipients of funds – the Carrier and/or carriage service providers on the right of ownership.
12.3In all matters not regulated herein, the Customer and the Contractor shall be governed by the applicable laws of Ukraine and/or the Carrier's rules.
12.4All inaccuracies and discrepancies in the text of the Agreement with the current legislation and Carrier's rules shall not entail its invalidity as a whole, the regulations of the current legislation of Ukraine and Carrier's rules shall be decisive.
12.5The information on our Web site belongs only to E-SYSTEMS LLC.
12.6This Agreement is an official document of E-SYSTEMS LLC, has legal force and is published on the Internet at: https://e-kvytok.ua/en/info/contract_form.
12.8This Agreement is drawn up in the Ukrainian, Russian and English languages. In case of discrepancies between the texts in Ukrainian, Russian and English, the Ukrainian version shall prevail.
12.9The terms and conditions hereof are not exhaustive.
The version of the Agreement was updated on August 29, 2022.
6 Shovkunenko St., 03049 Kyiv
USREOU code: 35137104
+38 044 290-59-16
+38 067 883-48-78
The departure and arrival stations are the same
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