CONTRACT OF AGENCY
January 06, 2016
Limited Liability Company "UPK-EUROPLUS", which is hereinafter referred to as Attorney, represented by Director General Kondrashov Sergey Viktorovich, acting under the Charter, on the one hand, and
An individual who has referred to the Attorney and accepted the Offer, hereinafter referred to as Principal, have concluded this Agreement on the following terms.
This agreement is a public offer, and in accordance with Articles 633, 641, and Chapters 63, 68 of the Civil Code of Ukraine, the terms are the same for all of the Principals, and the unconditional acceptance of which is considered to be an acceptance of this Offer by both the Principal and the Attorney.
Acceptance of the Offer – Principal’s activities in the online service that serve as a sign that the Principal accepts all the conditions of the Offer fully and unconditionally, and confirms the absence of other significant conditions of the Offer or intentions to make changes in the Offer.
Bid – Principal’s intention to get the goods on the terms and conditions specified in the Offer and prepared on the basis of Seller’s Offer, on their own or together with other Principals, on fulfilling the conditions specified in the Bid. The registration of the bid between the Principal and the Attorney is carried out via the Online Service.
Internet Service (Online Service) - open to visual inspection, a publicly accessible website that belongs to the LLC "Integrum Capital Partners". It is legally used by the LLC "UPK-EUROPLUS". The website is located on the Internet at the following address: https://myfuel.io, by the help of which the Attorney accepts the bids for purchase of goods on behalf of the Attorney at the expense of the Principal.
Offer – an offer made by the Seller of goods about selling the goods at a discount, when certain conditions for such an Offer are fulfilled (type, quantity, quality, volume, price, date of acquisition of the goods, the number of buyers, etc.). The Offers from the Sellers are placed in free access on the Internet Service.
The Seller of Goods (Seller) – a legal entity or an individual entrepreneur engaged in retail trade of fuel through petrol stations, which Attorney signed a corresponding agreement on cooperation with. Information about the Seller of Goods is available on the Internet Service.
Goods - liquefied gas, diesel fuel, gasoline, petroleum products, the quality of which corresponds to the State Standard of Ukraine, the number and the quality of which is provided by the Seller of Goods.
QR-code - a matrix two-dimensional bar code that contains information about the Principal, the type and amount of the purchased goods (residues of the goods), the Seller of Goods and provided to the Principal after Principal purchases the goods (the funds of the Principal are automatically unblocked and transfered to the Attorney after the Principal fulfills all the conditions specified in the Bid).
2. The Subject of the Agreement
2.2. For the goods purchase, on behalf of and at the expense of the Principal, the Principal authorizes the Attorney to execute the following actions (including, but not limited to):
- selection of potential Sellers of Goods;
- organization of placement of the offers from the Sellers of Goods on the Internet service;
- organization of placement of the bids from the Principal on the Internet service;
- Principal’s funds blocking at the moment of creating or joining the existing bid;
- funds unblocking at the moment of the fulfillment of cancellation of the bid;
- Principal’s payment for the purchased Goods by transferring funds from the account of the Principal to the account of the Attorney after the fulfillment of the bid;
- ceating and providing the Principal with a QR-code, with the help of which the Principal has the right to receive the Goods;
2.3. The purchase and sale of the Goods transaction between the Attorney and the Seller of Goods is concluded and the commitments of the Attorney hereunder are those that are fulfilled fully, properly and on time, at the moment when the Principal receives the QR-code, which is formed with the help of the Internet Service and the software provided by the Attorney. QR-code contains all the necessary and sufficient terms of the purchase and sale agreement between the Principal and the Seller of the Goods, including information about the Seller of Goods, type of goods, the amount of the goods at a discount price, the validity period of the code, etc. and serves as a basis for the goods to be received by the Principal.
2.4. Unblocking of the funds is carried out immediately after the execution or cancellation of the bid. The Attorney is not responsible for the failure and/or improper operation of the payment systems of banks or other financial institutions. The Attorney does not have access to the payment details of the Principal.
3. Contract Price
3.1. The Attorney is not entitled to a fee for the execution of their duties.
3.2. The Attorney achieves profit through the agency charges from the Sellers of Goods on the basis of the concluded Contracts of Agency.
4. The rights and obligations of the Parties
4.1. The Attorney agrees to:
- to provide services specified in clause 2.1 of the Agreement of the Offer, as appropriate and in accordance with the terms of the Offer - to provide the Principal with the QR-code, with which the Principal has the right to receive goods from the Seller of Goods;
- to provide the Principal with the access to the Internet Service through a client web interface (personal account) using the login and password set by the Principal, while the Attorney shall not be liable in the case of the Principal inability to use the functionality of Online Service, for reasons that do not depend on the Attorney;
- not to disclose personal data of the Principal provided during registration, except for cases stipulated by the current legislation of Ukraine;
- suspend the QR-code in the case of being informed by the Principal about the possibility of the loss of confidential information contained therein. The Principal informs the Attorney by sending e-mails to the Attorney’s e-mail address or calling the office, with the mandatory indication of the personal data provided during registration and the QR-code number.
4.2. The attorney has the right to:
- temporarily suspend the provision of the Principal with the access to an Online Service, for technical or other reasons, hindering the provision of access at the time of such reasons;
- to suspend the granting of access to the Online Service and/or terminate the Agreement unilaterally out of court in case of violation of obligations and/or warranties made in accordance with this Agreement by the Principal, or in the case of suspicions of the QR-code misuse by the Principal, or any person’s actions that are contrary to the current legislation;
- suspend or cancel the registration of the Principal and refuse in use of the service, if the Principal provides false information or if the Attorney has serious reasons to believe that the Principal provides incorrect, incomplete or inaccurate information;
- use the personal data of the Principal to organize the sale of goods. By signing this Offer, the Principal unconditionally and irrevocably consents to the storage, processing, use of the personal data by the Attorney for the purpose of organizing the process of purchase and sale of goods as well as for the conduct of the Attorney’s own statistics;
4.3. The Principal undertakes:
- to receive the goods with the help of the QR-code for a period not exceeding the period specified in the QR-code by the following line: "You can refuel using this code until [hour, minutes, seconds, date, month, year]";
Accepting the Public Offer, the Principal agrees that at 00 hours 00 minutes 01 seconds Kyiv time of the next calendar day after the time specified in "You can refuel using this code until [hour, minutes, seconds, date, month, year]" the Principal does not receive the goods, and 100% of the money paid for the goods on the QR-code delivery are accepted as payment for keeping 100% of the goods;
- to recognize and accept the fact that the Online Service and all of the software associated with it contains confidential information that is protected by intellectual property rights;
- to not copy or change the Online Service or software, to not create programs based from the Online Service software;
- to provide true, accurate and complete information about the self as prompted in the registration form, and keep this information up to date;
- to not copy, display, disclose the information contained in the QR-code to any third party;
- to not provide access to the personal account, to not disclose the login and/or password;
- immediately notify the Attorney in case of unauthorized access to the client web interface (personal account) made by any third party, or the loss of or disclosure of the QR-code by sending an e-mail the Attorney’s e-mail address and via telephone with obligatory indication of the personal registration data and QR-code number.
4.4. The Principal has the right to:
- expect that the storage, handling, use of the personal data will be conducted in accordance with the current legislation;
- have access to the Online Service through a client web interface (personal account) using the login and password of the Principal, except in cases when the impossibility to use the Online Service caused by reasons beyond the control of the Attorney;
- receive a QR-code, which contains all the necessary and sufficient information on the purchase and sale contract between the Principal and the Seller of Goods, including information about the Seller of Goods, type of goods, the amount, the discount price, the deadline for receipt, etc., and is the basis for receiving the goods by the Principal;
- carry out the deactivation of the QR-code and generate a new QR-code on their own in the personal account with no loss of the QR-code information in the case of compliance with paragraphs 6, 4.3 of this Offer and the absence of the fact of purchasing the goods via the QR-code.
5. Other terms and conditions
6. Details of the Attorney
Limited Liability Company "UPK-EUROPLUS"
Unified State Register of Enterprises and Organizations code: 32497680, VAT identification number: 324976825132
Location: 07501, Kyiv region, Baryshevsky district, Baryshevka, 28 Torfyana st.
Banking details: current account: 26003056107522, "KYIVCITI" branch of the Open joint-stock company Commercial Bbank "PrivatBank", Sort code: 380775