License Agreement of Yango for Mobile Devices

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Senegal. English

This is an old version of the document, which expired on May 20, 2021. The current version is available at: https://yandex.com/legal/advisor_agreement.

Before using the program, please read terms and conditions of the below license agreement.

Any use of the program means that you fully and unconditionally accept the terms and conditions of this license agreement.

If you do not accept the license agreement in full, you may not use the program for any purpose.

 

1. General Provisions

1.1. This License Agreement (hereinafter referred to as the License) set the terms of use of Yango for mobile devices (hereinafter referred to as the Program) and is signed with any person using the Program in Senegal (hereinafter referred to as the User) and MLU Europe B.V., being a body authorized to grant the rights to use the Program (hereinafter referred to as the Rightholder).

1.2. By copying the Program, installing it on its mobile device or using the Program in any way, the User expresses its full and unconditional consent to all terms and conditions of the License, subject to applicable laws.

1.3. It is permitted to use the Program only under the terms and conditions of this License. If the User does not accept the terms and conditions of the License in full, the User may not use the Program for any purpose. It is prohibited to use the Program in violation of (failing to fulfill) any of the terms and conditions of the License.

1.4. The Program can be used by the User under the terms and conditions of this License for personal non-commercial purposes free of charge. It is only possible to use the Program under terms and in ways not covered by this License based on a separate agreement with the Rightholder.

1.5. When using the Program, you agree that the following document forms an integral part of this License for the Program:

as well as documents of YANDEX LLC (16, Leo Tolstoy St., Moscow, 119021, Russia), which terms and conditions fully cover the use of the Program:

The said documents (inter alia, any parts thereof) can be amended by the Rightholder after prior notice of the proposed new version and the user’s consent. New versions of the documents shall come into effect upon their publication, unless otherwise stipulated by the version itself.

1.6. The Rightholder can provide the User with a translation of this License from English into other languages. However, in the event of a conflict between the License in English and its translation, only the English version of the License shall be legally binding.

 

2. Rights to the Program

2.1. The exclusive right to the Program is vested in the Rightholder.

 

3. License

3.1. The Rightholder shall, free of charge and under an ordinary (non-exclusive) license, grant to the User the non-transferable right to use the Program in all countries of the world in the following ways:

3.1.1. to use the Program as intended, wherefore to copy and install (reproduce) it on the User’s mobile device/-s. The User may install the Program on an unlimited number of mobile devices;

3.1.2. to reproduce and distribute the Program for non-commercial purposes (free of charge).

3.2. The Program shall be used (inter alia, be distributed) under the name: Yango. The User may not change and/or delete the name of the Program, the copyright notice or any other references to the Rightholder.

 

4. Limitations

4.1. Except as used in the scope and in the ways expressly stipulated by this License, the User may not modify, decompile, disassemble, decrypt and perform any other actions with the object code and source code of the Program meant to obtain information on the implementation of algorithms used in the Program, create derivative works using the Program and otherwise use (allow to use) the Program and any components thereof, maps and other images and data stored by the Program on the User’s mobile device, without the Rightholder’s written consent.

4.2. The User may not reproduce and distribute the Program for commercial purposes (inter alia, for a fee), inter alia, as part of software product collections, without the Rightholder’s written consent.

4.3 The User may not distribute the Program in any form other than the form received, without the Rightholder’s written consent.

 

5. Special Provisions

5.1. Some functions of the Program can only be performed with the Internet available. The User shall independently get and pay for such access under terms and as per tariffs of its communication or Internet provider.

5.2. The Program enables the User to place information on the User’s potential demand for services involving the transportation of passengers and baggage, look through offers of organizations providing services in the said field, and search for such offers using parameters set by the User.

5.3. Information available to the User within the Program (hereinafter referred to as the Data) is provided by the Rightholder’s partners. To get more details on services offered (including the information on the availability of Wi-Fi hotspot inside the vehicle, carrying out of photo/video recording inside the vehicle by the Right Holder's partners - transportation provider or other information), the User can either address the Rightholder’s partners or provide its contact information through the functions of the Program, which can be used by the Rightholder’s partners to contact the User on their own and provide it with the information on services offered.

5.4. The Rightholder shall not be held liable for the content and/or relevance of information provided by the partners, including information on the cost of the partners’ services and on their availability at the moment.

5.5. The User shall independently (without the participation of the Rightholder) discuss with the partners the acquisition of services in accordance with the partners’ rules on the provision of services. The Rightholder shall not be held liable for financial and any other transactions effected by the User and partners and for any consequences of the acquisition of the partners’ services by the User.

5.6. The User agrees that the Rightholder can process the User’s personal information (including personal details), transfer the User’s personal details to the Rightholder’s partners and that the Rightholder’s partners can process personal information in order to provide services to the User within the Program. When the User uses the Program, its personal information is transferred to Yandex.Taxi LLC (16, Leo Tolstoy St., Moscow, 119021, Russia) and YANDEX LLC to be processed under the terms and for the purposes determined in the Privacy Policy of YANDEX LLC available at: https://yandex.com/legal/confidential.

5.7. The User is hereby notified, understands and agrees that the Program can collect anonymized statistical data on the use of the Program and automatically transfer these data to the Rightholder.

5.8. The Program shall be registered and used by applying the User’s mobile phone number. When the User deletes the Program from the memory of the User’s mobile device, the User’s personal information obtained by the Rightholder during authorization in the Program using the User’s mobile phone number and application of the Program will be saved in the Service for 1 (one) year, unless the User sends the Notice on deletion of such data to the Rightholder prior to the expiration of this term. If the Program is re-installed on the device and registered using the same mobile phone number as an identifier, the User’s personal information provided with the use of the said mobile phone number will be restored in full.

5.9. For the avoidance of doubt, the Rightholder does not provide services involving the transportation of passengers and baggage and help desk services.

5.10. In accordance to article 31 of Law 2021-25 on prices and consumer protection, the User is informed that he has a period of seven (07) days from the date of subscription to the Service to exercise his right of withdrawal, without penalty, charge and without any reason by request to the Rightholder. The request must be sent before the expiration of the withdrawal period. The User who has exercised his right of withdrawal from a contract for the provision of services which performance has begun shall pay the Rightholder an amount corresponding to the service provided and proportionate to the total price of the service.

Without prejudice to the provisions of the above clause hereto, the User can withdraw from this License agreement at any time by deletingthe Program from the memory of the User’s mobile device.

 

6. Liability under the License

6.1. The Program is provided “as is”. The Rightholder provides no guarantees of error- and trouble-free operation of the Program or its certain components and/or functions, fitness of the Program for specific goals of the User, does not guarantee the reliability, accuracy, completeness and timeliness of the Data, and provides no other guarantees, which are not expressly stated in this License.

6.2. The Rightholder shall not be held liable for any direct or indirect consequences of any use of or inability to use the Program (including the Data) and/or any losses incurred by the User and/or third parties as a result of any use of, failure to use or inability to use the Program (including the Data) or its certain components and/or functions, inter alia, due to possible errors or failures in their operation, except as expressly stipulated by laws.

6.3. All issues and claims related to the use of / inability to use the Program or the Data and possible violations of laws and/or third-party rights by the Program or the Data shall be sent through the feedback form to support@yango.yandex.com.

6.4. This License and all relations associated with the use of the Program shall be governed by laws of the Netherlands.

6.5. Any disputes arising out or in connection with these Terms of Use of Yango shall be decided by the competent court in The Netherlands, unless mandatory conflict of laws provisions provide otherwise.

 

7. Updates / New Versions of the Program

7.1. This License covers all future updates / new versions of the Program. By agreeing to install an update / new version of the Program, the User accepts the terms and conditions of this License for relevant updates / new versions of the Program, if there is no other license agreement for the update / new version of the Program.

 

8. Amendments to this License

8.1. This license agreement may be amended by the Rightholder after prior notice of the proposed new version and the user’s consent. The said amendments to the terms and conditions of the license agreement shall come into effect from the date of their publication at https://yandex.com/legal/yango_mobile_agreement, unless otherwise specified in the relevant publication and be deemed applicable to users once they have given their consent.

 

9. Details of MLU Europe B.V.

MLU Europe B.V. (registration number 74474103)

Private Limited Liability Company

Schiphol Boulevard 291, 1118 BG Schiphol, the Netherlands

tel.: +31(0)202402740

fax.: +31(0)202402741

e-mail: support@yango.yandex.com

Date of publication: November 11, 2021