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User agreement

  1. General Сonditions

    1. The current User Agreement (hereinafter - Agreement) regulates the legal relationship between the FIALAN Application (hereinafter - the App/Application) by an individual and a legal entity (hereinafter - the User) while using the information on the FIALAN Application. The main target audience of the application is standing and potential clients of the Company, individuals and legal entities operating in Ukraine.
    2. This Agreement may be amended by the Administration without any special notice to the User. The new version of the Agreement comes into force from the moment it is posted on the https://fialan.ua/ website.
    3. Legal relations between the User and the Administration on the grounds of the implementation of the current Agreement are regulated by the legislation of Ukraine.

  2. Interaction

    1. Users’ Roles:

      Guest - a User who has not registered in the application or on the website. The Guest can use the calculator to count up the cost of cargo delivery, as well as keep track of the Company's news, special offers, and loyalty program.

      Customer is a User who has registered in the application or on the site. The Customer can use all the available services in the app.

    2. The Application provides Users with technologies and services.
    3. In order to use the Application technologies and services, the User must complete the following registration procedure:
      1. Fill in the registration form;
      2. Agree to the terms and conditions of the current Agreement. At the same time, the Administration is not obliged to check the information provided by the User concerning the validity aspect. The administrative body is not liable to any third parties for the accuracy and reliability of such information; it does not regard any informational details and facts provided by the User as personal data subject to special protection in accordance with the Law of Ukraine "On Personal Data Protection";
      3. Right after completion of the registration process, the User enters the login and password to get access to the Application Services. The User is personally responsible for the security of his login and password, as well as full accountable for all actions that will be performed by the Consumer during the process of using any available service of the Application;
      4. The User agrees that the Administration has the right to collect and store the User's registration data (if any is provided) within the Service for the purpose of execution of this Agreement.
    4. All issues of Internet access rights, purchase, and adjustment for any relevant equipment and software shall be resolved by the User and are not considered as subjects of this Agreement.
    5. After registration, the User automatically enters the Calculator screen.
    6. User’s authorization takes place through the phone. There are 2 available options for authorization: through the entry with the help of permanent password or through a one-time SMS code. There is the possibility of authorization through social networks: Google and Facebook.
    7. Password reset is provided by sending a message with a verification code. After it is entered, the Application routs the User to the screen with the fill-to fields for a new permanent password. We send the verification code via SMS. The verification code is valid for 2 minutes only. Then, User needs to get new code to continue the password reset procedure.

  3. Services (Material Disposition)

    1. Users shall post any useful data and necessary information (hereinafter referred to as the Materials) to the App for free and without any material reward.
    2. User understands and agrees that -mail may contain service messages from Administration, automatic notifications, newsletters, and other informative publications that are prerequisite for the Application use.
    3. User agrees that the Administration has the right to place in the App that contains some User's Materials advertising banners and other promotional items. It means that all these graphic units can modify the User’s Materials for the purpose of advertising.
    4. All legal entities and individuals are responsible for unauthorized copying and use of the App Materials.
    5. When placing the Material, the Administration shall specify the name of the User specified by the User when providing the Material.
    6. Each User understands and accepts that all information, data, and content (text, messages and other Materials) are posted for public access or can be privately transmitted. That individual is responsible for this Material who has handled its disposition.

  4. Termination of Account and Account Material Deletion

    1. Each User agrees that the Administration reserves the right to terminate the account of any User and/or block the User from accessing the Application at any time without prior notice and without giving a reason. It takes place in the following cases:
      1. Breach of the Agreement provision including its selective regulations and supplement items;
      2. Upon the request of the public authorities (in accordance with the current legislation);
      3. Prolonged non-use (24 calendar months) of the App account;
      4. Otherwise, if the Administration deems termination of the account necessary for the normal operation of the App and safe process of service provision in the Application.
    2. Users may refuse to use their account in the Application any time.

  5. Rights and Obligations

    1. Administration aims to ensure uninterrupted operation of the Application, but the administrative body is not responsible for the total or partial loss of the Materials published by the User in the App, as well as for insufficient quality or speed of technologies and services in use.
    2. Users have the right to place through the Application any kind of intellectual property objects. Consumers have the right to use and post those Materials which belong to them only.
    3. User agrees that he/she is fully responsible for the content of his/her Materials placed in the Application. Administration is not liable for the content of the Materials and their compliance to all the legal requirements, for copyright infringement, unauthorized use of marks for goods and services (trademarks), names of companies and their logos; as well as for possible violations of the rights of third parties in connection with disposition of the Materials in the App. In case of claims from third parties related to the Materials disposition, the User shall settle a matter himself/herself at his/her own expense.
    4. The Author (Owner) of the Materials retains all property and personal non-property copyright rights in accordance with the legislation of Ukraine and international agreements.
    5. Administration does not guarantee that technologies and services that are used in the Application will meet the requirements of the User; they might not be provided continuously, quickly, reliably and without errors. Not all the App results obtained by the User will be absolutely accurate and reliable. Therefore, the Administration is not liable for any User’s loss of profit (revenue), information or content. Some possible damages, loss of connection with App technologies and services is not a responsibility of Administration. Even if We have been notified of the possibility of such losses, we are not liable for these consequences.
    6. Any Materials received by the User through the services of the Application this individual uses at his/her own risk. The User is independently liable for any damage that may be caused to his property (telephone, software) and/or data as a result of the loading and use of these Materials.
    7. Administration is responsible for Users’ notification on claims against the Materials posted by the User. These claims can be sent by third persons – Administration has to pick up on the reference and inform the User. The User shall either provide the Administration with rights for these Materials or remove the doubtful Material.
    8. Administration may at the first request of the relevant authorized quarters (in accordance with the current legislation) provide any available information about the User, and personal data of no exception as well.
    9. The User proves the fact that the Administration may set restrictions on the use of technologies and services of the App.
    10. Administration is not responsible for:
      1. Users’ actions in the Application;
      2. failures and low quality of telecommunication and/or energy networks; malwares as well as for unscrupulous actions of third parties;
      3. the content and legality of the information used/received by the User within the App;
      4. Users’ damage/loss of profit that take place while using any services or while some services are temporarily unavailable;
      5. any Users’ software and/or hardware damage resulting from use of the service.
    11. User proves the fact that the Administration has the right to refuse Users to use the services without explaining the reason for such a decision.
    12. User understands that the Administration has the right to refuse to consult on the use of the Application services regardless of the form of any Users’ consultation request.

  6. General Information

    1. The current Agreement is the legal foundation both for the administrative body and Users.
    2. Users may refuse to accept changes and additions to the Agreement made by the Administration. This action means that the User refuses to use the Application.
    3. All possible disputes arising concerning the implementation of this Agreement shall be resolved in accordance with the norms of the current Ukrainian legislation.
    4. No point in the Agreement shall be understood as the establishment between the User and the Administration of agency relations, partnership relations, business, commercial relations, personal employment relations, or any other legal relations not expressly provided in this Agreement.
    5. Users who believe that their rights and interests have been violated by the actions of the Administration or third parties concerning any Material disposition in the App, should send a claim to the support department.
    6. In case of adoption of new regulatory legal acts (by the Ukrainian authorities) which affect in whole or in part the operation of the Application, technologies, and services, the Administration reserves the right to make any changes to the Agreement and other documentations and regulations in order to bring the activities of the Application into compliance with the new standards.