Article 1: Sides of the contract
1-1: BazarganKarzan Business Services Company is a provider of kubak application software services so, it called Kubak from now and the recipients of vehicle transportation services are now called customer service with the goal of providing new, cheap, Immediate and safe transportation of passengers and goods concluded the following contract as regulations governing the relations between the customer or reciepient and kubak
Article 2: Contract Subject
1-2: The subject of the contract is the receipt of a request for transferring passengers and goods from the online user by installing Kubak software on mobile devices, tablets, computers... The recipient of the service and his/her account in his/her name. After the installation of Kubak software and Internet connection, customers can get benefit from kubak services in the covered area that is the geographical scope for Kubak Company.
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 andSend service request from customer service 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 andthe 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 service recipient’s dissatisfaction or violation of the rules, Kobak 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 service recipient 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 complete the services in full version and without any excuse, including mistakes in the calculation of price, distance, etc., in cases where the cost of travel or the carriage of goods (fare) is paid online by the recipients.
4-4: Kubak is committed to protecting the privacy and information of users and it has no right to 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……..
5-4: Kubak undertakes to use only one person as a recipient from each account and refrain from issuing an account with a profile for several people.
6-4: Kubak undertakes to pursue him or she with complaints from the driver of the customer, as well as incident and damage, and in case of an accident or incident kubak will provide the recipient with the necessary information to file a lawsuit against the driver. Information is subject to proving incidents and damages to the recipient by recording a police report or filing a complaint and confession of the driver.
Article 5: service recipient’s obligation
1-5: using Kubak's services has not provided any exclusive rights to the recipient, and all the material rights of Kubak's software belong to the kubak company
2-5: The service recipient obligate to provide accurate information about the origin and destination of the application in order to obtain the services provided by Kubak. If the address is incorrect, the travel expenses are necessary and required and in case of driver’s satisfaction with providing the service at the original address incorrectly entered and paid by the service provider is allowed to provide the service at the corrective address.
3-5: The service recipient is obligated to ask for the origin and destination that is possible for the car to be present at those locations, otherwise the cost of the service requested is at the service recipient's discretion and it should be paid more than the real cost in order to waiting for the recipient to arrive at the place where the vehicle is able to attend There.
4-5: The recipient obligates to pay the cost of the request for service, either on a cash basis or on behalf of its Cuban account, and also expecting more than five minutes for the passenger or cargo from the driver to pay the cease or stoppage price on the basis of rules explanation, if it doesn't paid by service recipient he/she is deprived of re-service. The re-establishment or re-creation of accounts involves paying five times the cost for the damage caused by non-fulfillment of the obligation and misuse of good faith
5-5: after requesting the service and movement of the goods the recipient obligated to refuse presence of another person at the place. In case of a violation of the provisions of this item, the driver is not liable for damage and accidents and all liability is for the service recipient. The service recipient is also obligated to request a maximum of four passengers per request as well as caring load they should requested for a suitable vehicle that is in balance with the weight of load
6-5: The recipient undertakes not to save the phone and driver information that provided services to him through Kubak and after the completion of the trip or task; he will avoid communicating with him. Otherwise, kubak will added the named person in the blacklist when he/ she comes to requesting for services and in case of trouble for the driver Kubak is allowed to provide his/her information to the driver for filing a complaint against costumer.
7-5: After receiving the service the customer has only two minute for cancelling the request before the driver arrives at the origin. Otherwise, he/she should pay a fee. Otherwisekubak include his/her name (the customer's name) in the blacklist and the re-delivery of the service requires a double payment of the cost of the canceled services to use the software and request again.
8-5: The recipient undertakes to refrain from paying any cash or non-cash surplus on the specified amount at the time of requesting the service and Kubak does not have any liability for the costumer's claim for additional payment and...
9-5: The recipient undertakes to refrain from continuing the journey or any other trip or task without filing a new request after the end of the previous journey; otherwise, while placing the costumer and the driver in the blacklist and costumer have to pay five times the amount of the last service for requesting again.
10-5: The service recipient is obligated to respecting the courtesy and trustworthiness of the driver, and observing kubak's recommendations on the type of conduct or behavior. Violation of the provisions of this article, as well as any conduct that causes damage to the reputation of Kubak, will result in the blacklist and prohibition of the costumer.
11-5: The service recipient is obligated to complying with all country laws of operation when using the Kubak Service and execution of the request if the costumer commits a wrong 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. Kubak terminate the contractual relationship with the costumer, inserts the costumer’s profile in the blacklist and refuses to provide the him/ her with the service because of acting harmfully through kubak‘sreputation.
12-5: Carriage of ..................... is prohibited and the recipient is committed to pay attention to the provisions of this article at the time of applying for the provision of services. In case of damages caused by the carriage of these items to the driver and the vehicle and third parties, the liability for compensation for personal and financial losses incurred by drivers or third parties . Even if the presence of prohibited objects in the vehicle injured due to unexpected events it is the costumer recipient's responsibility.
13-5: The loading and unloading of the load is the responsibility of the service user and the driver has no responsibility in this regard.
14-5: The responsibility of all activities carried out through an account is the responsibility of the service recipient. In this regard, the service recipient is required to take the maximum steps necessary to maintain his account information, including his username and password, and prevent others from using it. In case of suspicion of third-party access to the user account, the service user is required to change his password as soon aspossible and, if necessary, inform Kubak to block the user account.
15-5: The customer service accepts the authentication of all messages sent from its account by installing Kubak software and creating an account, hence he /she is stripping and scratching the right to make any protest or future claim (based on the denial, suspicion or forgery of the sent messages) from itself.
16-5: The recipient undertakes to read all modifications and extensions provided by kubak via SMS, e-mail, or software regarding the use of the kubak service and its terms and conditions to the recipient and if she/he agreed, to approve it. This approval may be in the form of a mark, a word, a number, a phrase, a typed name, and a like, which is incorporated into the document and is the same as the signature of the handwritten copy of the legal acts, and the signatory undertakes to commit the document to which The way it is signed.
17-5: knowing that kubak providing software services in order to communicate easily between passenger, vehicle and users (the drivers). The service provider is the only "user" of the service and cannot Claiming to have a right to Kubak.
18-5: The service provider accepts that the present agreement is an acceptable and permissible contract from Kubak, and Kubak can block an account and prevent the costumer from using the service at any time without any reason just for kubak's discretion.
19-5: The recipient is responsible for the authenticity of the information provided at the time of enrollment and declares that all the information provided is correct and attribute to him.
Article 6: contract’s expense
1-6: due to the fact that shipping requests are introduced through the kubak software on behalf of the recipient, the recipient undertakes to pay the full amount to the driver or from the kubak User account or Credit account at the time of the request.
2-6: The costumer will authorize Kubak, with the signature on the contract, whenever he determines for any reasons or for the same route and under any circumstances to change the amount of cost or contract after the end of trip or task.
Article 7: Governing law and the way of solving 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 theirprobloms peacefully and through discussion. In case of failure, the dispute will be settled by referring to the judicial authorities designated by Kubak.