1.1. LTD “Startip” (hereinafter referred to as the “Company”) hereby offers to use the services available at Startrip.ge (hereinafter referred to as the “Site”) and further described in clause 2 hereof (hereinafter referred to as the “Services”) to an Internet user (hereinafter referred to as the “User”) under the terms and conditions described herein. This Agreement shall come into force and become legally binding for the Company and the User (hereinafter referred to as the “Parties”) at the moment when the User first time starts to use the Services.
1.2. When starting to use the Services, the User shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Services.
1.3. The Company reserves the right to change or modify this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms his acceptance of the revised Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Services. If the User does not agree to the revised Agreement, the User may not use the Services.
2. DESCRIPTION OF SERVICES
2.1. The Services allow the User to search for private transportation service providers using the list of the partner organizations (hereinafter referred to as the “Carriers”) which have entered into separate agreements with the Company.
2.2. The User acknowledges and agrees that: (A) The User’s ability to obtain transportation services through the use of the Services does not establish the Company as a provider of the transportation services or as a transportation carrier. When the User finds a Carrier and accepts its terms including the specific transfer (hereinafter referred to as the “Transfer”) and the price payable for it (hereinafter referred to as the “Transfer Price”), he shall enter into a paid transportation contract with the Carrier directly (hereinafter referred to as the “Transportation Contract”) but not with the Company. (B) Due to the nature of the Services provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information between the User and the Carrier. The Company shall not be liable for the credibility of the information passed as well as for the due and in good faith performance of the Carrier’s obligations within any agreements between the Carrier and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages in any way determined by the use of the Services. The relations between the User and the Company fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.
3. PAYMENT OF TRANSFER PRICE
3.1. After finding a Carrier and entering into the Transportation Contract with him through the Services as stipulated herein, the User shall make a full payment of the Transfer Price via one of the payment options offered by the Company, to the Company, which the Company shall further transmit to the Carrier subject to the terms and conditions of a separate agreement between the Company and the Carrier.
3.2.The User shall transfer to the Company the Transfer Price in total. Transfer Price shall be paid by the User to the Carrier immediately after the finish of the Transfer by any mean agreed upon with the Carrier (by cash).
4. LIMITATIONS OF THE COMPANY’S LIABILITY
4.1. To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:(A) any inaccuracy, incompleteness or delay in any information provided to the User; (B) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Services.
4.2. The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Services hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
4.3. The Company shall not be liable for any damages, liability or losses arising out of the User’s use of or reliance on the Services or the User’s inability to access or use the Services;
4.4. The Company’s aggregate liability to the User for any claims for damages resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the User to the Company in connection with the relevant Transfer.
5. TERM AND TERMINATION
5.1. This Agreement will commence at the moment specified in clause 1.1 and shall continue until terminated in accordance with this clause 5.
5.2. Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the User and it without prior notice or need to specify reasons.
6. RESOLUTION OF DISPUTES
This Agreement is governed by and must be construed in accordance with the law of Georgia.
If there is a dispute between the Parties resulting from, arising out of, or in connection with this Agreement or related to its subject matter, the dispute shall be referred to and finally resolved by in the Tbilisi city court.
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