Article 1: Sides of the contract
1-1: Kurd BazerganKarzan Trading Company, a provider ofkubak Application Software Services, now called Kubak, on the one hand, and vehicle drivers on the other hand, henceforth called the user, in order to create employment and provide transportation services, the following contract are the rules governing the relationship between the user and Kubak.
Article 2: Contract Subject
1-2: The subject of the contract is the transfer of passenger and goods by Kubak and through the installation of Kubak software on mobile devices, tablets, computers, etc., and the creation of an account. After installing Kubak software and connecting to the Internet, the user will be provided by the subject of this contract within the geographical scope of Kubak or if someone is in the range of area that has been covered by kubak.
Article 3: The duration of the contract
1-3: The duration of the current contract is from the date of installation and entry into Kubak software and payment of charges from the user until the use of the software and passenger or goods arriving in a correct and safe way to the destination in accordance with the terms of this contract and the laws and regulations of the country are valid by the recipient. After each installation of Kubak software, the contract is based on the relations between the sides of contract, and in case of a user's dissatisfaction or violation of the rules, Kubak will terminate the cooperation and discontinue the service by blocking the account at any time.
Article 4: Kubak Obligations
1-4: Kubak is committed to provide the users with free software and training them if they aren't able to use the application. Training is provided mainly through pictures before the application is going to be used automatically. kubak is required to provide its needs if it is necessary to hold a classroom in-person training.
2-4: Kubak is committed to technical support for the software, and undertakes to notify it as soon as possible in order to resolve technical defect. The defect in the user's electronic device where the software is installed is due to lack of support and software and hardware problems are not an obligation for kubak.
3-4: Kubak undertakes to add a user's share to the account of the user after deduction of the contract amount specified in Clause 6 of this Agreement in cases where the cost of travel or delivery of goods (fares) by the recipient is paid through the credit of the kubak account, and in the case of Apply for a user within two business days in cash or in the bank account provided by the user.In the event of a defect in the bank services and the occurrence of unexpected incidents such as a fire at the Kubak Office, an earthquake, a flood and ... which resulted in the suspension of payment within 2 days.so,it will be payed after Removing the obstacle as soon as possible.
4-4: Kubak is committed to protecting the privacy and information of users and it has no rightto share user's information with any other person or entity, except in accordance with the laws and legal requirements of the country. In case of a user's violation of the provisions of this contract and the necessity of providing user's profiles such as address, vehicle specifications, telephone, and documents, etc., after loss of access from the user to service users, Kubak Provide this information to the person concerned for compensation or prosecution…. 4-5:Kubak is committed to accept two people as a user of per vehicle. Registration of every one of these two users is subject to the terms of this agreement.
Article 5: User’s obligation
1-5: The user is obligated to provide the company with the original card or vehicle ownership certificate, ID card, certificate and insurance policy. If the vehicle is not owned by the user, the official is required to obtain official approval from the notary Succeeding on behalf of the owner to use his vehicle to carry out the services provided by Kubak, in accordance with the text provided by Kubak, to be taken to Kubak. The use of Kubak's services does not create any exclusive rights for the user, and all of its Kubak's material and intellectual property rights.
2-5: The user undertakes to pay a charge to kubak account in order to benefit from the services provided by Kubak, after paying the charge, until the amount is deducted the user can benefit from the kubak service and after the completion of the charge, the use of Kubak's services are subject to recharging by the user again.
3-5: The user is committed to using the Kubak Service only with Kubak software registered in the user's name, in case of violation of the provisions of this clause, the contract is terminated by Kubak and the amount .......... will pay the company a guarantee of breach of the obligation under this clause, Kubak will be free to collect this amount through a check or a promissory note to the company. In order to reuse Kubak's service, the user in addition to paying the fine is committed to pay ....... to Kubak during the re-registration process.
4-5: The user is committed to avoided his/her replacement with others after having accepted the passenger's request and the movement of the goods at the place or location. In case of violation of the provisions of this clause, the person is obliged to pay damage to failure in perform the obligation.
5-5: The user undertakes not to store the contact and information numbers of the passengers and kubak’s service providers and avoid being in touch with them after the completion of the trip or task. Otherwise, Kubak would have the option of canceling the contract and inserting the user's name into the blacklist and providing them with the necessary information in case of complaints by the recipients.
6-5: The user undertakes to avoid providing services after special task to the recipient and in case of direct contact with the recipients that has been introduced through Kubak, they have to refrain from providing transportation services beyond the provisions of this contract, to not accept This commitment is in violation of the principle of loyalty and honesty, and the user's blacklist will stop serving them.
7-5: The user is required to appear at the region after accepting the transferring request (the address recorded on the transfer request) within the usual time frame. Failure to do so will allow Kubak to enter the user's profile on the blacklist while receiving travel expenses and terminate the contractual relationship with the user, and refrain from providing the user because of acting harmfully through kubak's reputation.
8-5: The user is committed to responding to the request after accepting the referral request in case of client's refusal after accepting the requestKubak will add the user's details to the blacklist while receiving the tasks expenses and termination of the contractual relationship with the user. And refrain from providing services to the user because of acting harmfully through kubak's reputation.
9-5: The user is committed to refrain from requesting more than the money that has been determined by kubak, otherwise, Kubak will add the user's profile in the blacklist while receiving all transfer expenses and surcharges and terminate the contractual relationship with the user, and refrain from providing the user with the service because of acting harmfully through kubak's reputation
10-5: The user is committed to taking courtesy, politeness and trustworthiness in lieu of customer, and observing Kubak's advices about the type of passengers behavior, coverage and appearance , vehicle's technical condition and appearance. Violation of the provisions of this article, as well as any conduct that results in the loss of Kubak's reputation, shall be considered as negative and shall be treated in accordance with the provisions of this contract. The occurrence of these cases is resulted in sending reports from service providers or customers.
11-5: The user is committed to complying with all country laws of operation when using the Kubak Service and execution of the request if the user commits behavior in the length of the trips which is considered to be a crime in accordance with the laws of the country then the company will not be liable for this matter. Terminate the contractual relationship with the user, inserts the user's profile in the blacklist and refuses to provide the user with the service because of acting harmfully through kubak‘s reputation. In addition, it is required to pay five times the value of the vehicle as damage to the reputation of Kubak.
12-5: The user explicitly declares that he is aware of the relevant laws in his area of activity, including tax laws (income tax, etc.), etc., and is bound to comply with them. If the company is convicted by the competent legal and judicial authorities for non-observance of any of these rules, the user is obliged to pay the sum in addition to 20% of it (as a fine) to the company. Make Upon entry to, loss of good repute and limitation of work by public authorities due to the non-observance of the provisions of this clause in Kubak, the user undertakes to payas damages resulting from a contractual breach.
13-5: The user is required to observe all traffic rules during the task. Responsibility for the compensation of financial and health losses incurred by the passenger during transfer or by third parties due to non-compliance with these regulations, as well as due to the occurrence of any unexpected events, is the responsibility of the user and Kubak will not be responsible for this. In addition, in case of such events, Kubak would be entitled to claim damages to Kubak's commercial credentials.
14-5: The responsibility of all activities performed through an account is the responsibility of the user. In this regard, the user is required to take the maximum steps required to maintain the account information, including his username and password, and prevent others from using it. In case of suspicion of third-party access to the user's account, the user is obliged to change his password as soon as possible and, if necessary, inform the Kubak to block the user account.
15-5: The user accepts the authentication of all messages sent from his account by installing Kubak software and creating his own account. Therefore, the user rejects any protest or future claim (based on the denial, suspicion, or forgery of the messages).
16-5: The User is committed to studying and modifying any kubak script by SMS, e-mail, or software on the use of Kubak's services and terms and conditions for this user, and if they approved, it will be verified. The approval may be in the form of a mark, a word, a number, a phrase, a typed name, or something like them, which is annexed to this document and is the same as the signature of a handwritten copy having the legal effect and obliges the signatory to the terms of the document It has been signed.
17-5: paying attention to kubak's providing software services act as an interface and facilitates and call it as the only wat to communicate between the costumers, vehicles and the users (drivers), the user is the only "user" of these services so employment, contract, and partnership relationship is not a true claim to kubak.
18-5: The user accepts that the current agreement is an acceptable and permissible agreement from Kubak, and Kubak can block any account and prevent the user from using the serviceswithout any reason just for its own benefit.
19-5: The user is committed to obtaining kubakand giving his non-criminal certificate and non-addiction certificate within 20 days from the date of signing the contract. Obviously, the responsibility for the authenticity of the information contained in the certificates is the responsibility of the user. If this period expires and no user certificates are provided, Kubak will block the user account.
20-5: The user is committed to insuring the vehicle at his own expense and if any damage is incurred while executing requests sent to the user, Kubak will not be liable.
Article 6: Contract’s expense
1-6: Given that shipping requests are introduced to the user through Kubak software, the user is committed to providing Kubak with 15 per cent of his receipt as "the right to use and use the software" of the passenger(task fare).
2-6: By signing the contract, the user authorizes kubak to change the contract price at any time, according to its own discretion. Under such a hypothesis, the new price will be notified to the user via kubak application and SMS software, and it will void the right to make any protest in this regard.
Article 7: Governing law and the way ofsolving dispute
1-7: The present Contract will be obey the laws of the country and it will be in accordance with the laws of the receiving country. In case of dispute, the parties will try to resolve theirproblems peacefully and through discussion. In case of failure, the dispute will be settled by referring to the judicial authorities designated by Kubak.