Common use of Formal Acceptance Clause in Contracts

Formal Acceptance. is the full and unconditional acceptance by the User of the proposal (offer) to conclude an Agreement with the Copyright Holder on the conditions set forth in this document, the legal consequence of which is the conclusion of such an Agreement between the Parties. Formal Acceptance is expressed by the User in the ways specified in this T&C. 1.2. Lease (or Rental) is the right to own and use the IMD [Individual Mobility Device – defined below] in accordance with the Agreement provided by the Copyright Holder to the User in accordance with its intended purpose, from the moment the Lease/Rental starts until the Lease/Rental ends, according to the rules determined by the Agreement. For the purposes of the Agreement, the terms "Lease" and "Rental" are used equivalently. 1.3. Direct Debit is a debiting of funds from a bank card specified by the User in pursuance of the terms and conditions of the Agreement. The withdrawal of funds is made without obtaining additional consent from the User, according to the rules and in the manner prescribed provided by the current legislation and this Agreement. 1.4. Booking is a function of the Mobile Application that ensures that the IMD selected by the User is registered to this User for the duration of the Booking. 1.5. Group Trip is a function of the Mobile Application that allows one User to take several IMD for Rent at once. 1.6. Geographical zone - a zone that includes a separate city (a separate administrative-territorial unit) of the Whoosh service, within which the Subscription purchased by the User is valid. The boundaries of each Geographical Zone are determined by the boundaries of the corresponding city (administrative-territorial unit), with the exception of the following territories, each of which individually constitutes a single Geographical Zone: · Moscow and Moscow region;: · St. Petersburg and Leningrad region; · Sochi and Sirius; · Kazan and Innopolis. 1.7. Agreement is the agreement between the Copyright Holder and the User that is concluded on the terms and conditions set forth in this T&C by way of the User's Acceptance of the T&C. By its legal nature, the Agreement is mixed and includes elements of a license agreement (an agreement on granting the right to use the Mobile Application), as well as a short-term rental agreement for the IMD. 1.8. Limited-Speed Zone is the territory indicated in the Mobile application, within which the maximum speed of the IMD will be functionally limited to the value specified in the Mobile application using the software and hardware of the Copyright Holder. When entering the specified zone by crossing its border, the IMD will smoothly and automatically switch the speed mode to a slower one (corresponding to the speed limit), and when crossing the border when leaving the zone, it will return to the normal speed mode. Outside the speed limit zone, the User controls their speed independently taking into consideration traffic rules. 1.9. Ride Zone is the territory indicated on the map in the Mobile Application where the User can use the IMD under the Agreement. The use of the IMD by the User outside the Ride Zone is not provided for and is a breach of the Agreement. 1.10. Customer Support (also known as that "User Support Service") is the support service of the Copyright Holder that provides informational assistance to the User who reaches out by telephone or chat in a Mobile Application. 1.11. License is the non-exclusive right to use the Mobile Application provided by the Copyright Holder to the User in accordance with the Agreement on the conditions set forth in this T&C. 1.12. Whoosh* Mobile Application (also referred to as the “Mobile Application”) means mobile Android and iOS applications that allow Users to use the Whoosh Micromobility Platform user functionality, including IMD search, starting and ending a IMD trip, as well as other functions provided by the Mobile Application. This term includes both the current version of the Mobile Application and all its subsequent updates and new versions. *computer program “Whoosh User Application”, certificate of state registration of the computer program No. 2021616094, date of state registration - 04/16/2021 1.13. Parking Place is a place (zone) marked on the map in the Mobile Application, where the functionality of the Mobile Application allows the User to complete the IMD Rental. This may be an area not equipped with a IMD locking structure (“Virtual Parking”) or an area with an appropriate structure installed (in particular, a bicycle parking). The use of elements not intended for this purpose (for example, poles, fences, railings) for fastening the IMD is not allowed. When placing the IMD in the Parking lot, the User is obliged to comply with the rules for correct parking specified in clause 4.4.15.1 of this T&C (including placing the IMD at the Parking point marked on the map in the Mobile Application with the sign “P”. 1.14. Traffic Rules are the traffic rules approved by Decree No. 1090 of the Government of the Russian Federation dated 23.10.1993 (with all subsequent changes and additions). In this T&C, a link to Traffic Rules means a link to the current version of the traffic rules (or, in the case when a different edition of the traffic rules is to be applied in accordance with current legislation, a link to the corresponding edition of traffic rules that is to be applied). 1.15. Personal Data is any information related to the User, including the user's last name, first name, and patronymic, the year, month, date and place of birth, the address, passport data, as well as data of another document proving the identity of the person with the personal data, and the contact numbers, email and other information recognized as personal data in accordance with the current legislation of the Russian Federation that may also become known to the Copyright Holder when concluding, executing and/or terminating the Agreement. 1.16.

Appears in 4 contracts

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Formal Acceptance. is the full and unconditional acceptance by the User of the proposal (offer) to conclude an Agreement with the Copyright Holder on the conditions set forth in this document, the legal consequence of which is the conclusion of such an Agreement between the Parties. Formal Acceptance is expressed by the User in the ways specified in this T&C. 1.2. Lease (or Rental) is the right to own and use the IMD [Individual Mobility Device – defined below] in accordance with the Agreement provided by the Copyright Holder to the User in accordance with its intended purpose, from the moment the Lease/Rental starts until the Lease/Rental ends, according to the rules determined by the Agreement. For the purposes of the Agreement, the terms "Lease" and "Rental" are used equivalently. 1.3. Direct Debit is a debiting of funds from a bank card specified by the User in pursuance of the terms and conditions of the Agreement. The withdrawal of funds is made without obtaining additional consent from the User, according to the rules and in the manner prescribed provided by the current legislation and this Agreement. 1.4. Booking is a function of the Mobile Application that ensures that the IMD selected by the User is registered to this User for the duration of the Booking. 1.5. Group Trip is a function of the Mobile Application that allows one User to take several IMD for Rent at once. 1.6. Geographical zone - a zone that includes a separate city (a separate administrative-territorial unit) of the Whoosh service, within which the Subscription purchased by the User is valid. The boundaries of each Geographical Zone are determined by the boundaries of the corresponding city (administrative-territorial unit), with the exception of the following territories, each of which individually constitutes a single Geographical Zone: · Moscow and Moscow region;: · St. Petersburg and Leningrad region; · Sochi and Sirius; · Kazan and Innopolis. 1.7. Agreement is the agreement between the Copyright Holder and the User that is concluded on the terms and conditions set forth in this T&C by way of the User's Acceptance of the T&C. By its legal nature, the Agreement is mixed and includes elements of a license sublicensed agreement (an agreement on granting the right to use the Mobile Application), as well as a short-term rental agreement for the IMD. 1.8. Limited-Speed Zone is limit zone — the territory indicated area specified in the Mobile application, within which App where the maximum speed of the IMD an E-Scooter will be functionally limited to the value specified in the Mobile application App using the software and hardware technical means of the Copyright Holder. When entering the specified zone by crossing its borderzone, the IMD E-Scooter will smoothly and automatically switch the speed mode transition to a slower one lower speed (corresponding to the speed limit), and when crossing the border will return to its normal speed mode when leaving the zone, it will return to the normal speed mode. Outside the speed limit zone, the User controls their speed independently taking into consideration traffic rules. 1.9. Ride Zone is the territory indicated on the map in the Mobile Application where the User can use the IMD under the Agreement. The use of the IMD by the User outside the Ride Zone is not provided for and is a breach of the Agreement. 1.10. Customer Support (also known as that "User Support Service") is the support service of the Copyright Holder that provides informational assistance to the User who reaches out by telephone or chat in a Mobile Application. 1.11. License is the non-exclusive right to use the Mobile Application provided by the Copyright Holder to the User in accordance with the Agreement on the conditions set forth in this T&C. 1.12. Whoosh* Mobile Application (also referred to as the “Mobile Application”) means mobile Android and iOS applications that allow Users to use the Whoosh Micromobility Platform user functionality, including IMD search, starting and ending a IMD trip, as well as other functions provided by the Mobile Application. This term includes both the current version of the Mobile Application and all its subsequent updates and new versions. *computer program “Whoosh User Application”, certificate of state registration of the computer program No. 2021616094, date of state registration - 04/16/2021 1.13. Parking Place is a place (zone) marked on the map in the Mobile Application, where the functionality of the Mobile Application allows the User to complete the IMD Rental. This may be an area not equipped with a IMD locking structure (“Virtual Parking”) or an area with an appropriate structure installed (in particular, a bicycle parking). The use of elements not intended for this purpose (for example, poles, fences, railings) for fastening the IMD is not allowed. When placing the IMD in the Parking lot, the User is obliged to comply with the rules for correct parking specified in clause 4.4.15.1 of this T&C (including placing the IMD at the Parking point marked on the map in the Mobile Application with the sign “P”. 1.14. Traffic Rules are the traffic rules approved by Decree No. 1090 of the Government of the Russian Federation dated 23.10.1993 (with all subsequent changes and additions). In this T&C, a link to Traffic Rules means a link to the current version of the traffic rules (or, in the case when a different edition of the traffic rules is to be applied in accordance with current legislation, a link to the corresponding edition of traffic rules that is to be applied). 1.15. Personal Data is any information related to the User, including the user's last name, first name, and patronymic, the year, month, date and place of birth, the address, passport data, as well as data of another document proving the identity of the person with the personal data, and the contact numbers, email and other information recognized as personal data in accordance with the current legislation of the Russian Federation that may also become known to the Copyright Holder when concluding, executing and/or terminating the Agreement. 1.16.

Appears in 2 contracts

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Formal Acceptance. is the full and unconditional acceptance by the User of the proposal (offer) to conclude an Agreement with the Copyright Holder on the conditions set forth in this document, the legal consequence of which is the conclusion of such an Agreement between the Parties. Formal Acceptance is expressed by the User in the ways specified in this T&C. 1.2. Lease (or Rental) is the right to own and use the IMD [Individual Mobility Device – defined below] in accordance with the Agreement provided by the Copyright Holder to the User in accordance with its intended purpose, from the moment the Lease/Rental starts until the Lease/Rental ends, according to the rules determined by the Agreement. For the purposes of the Agreement, the terms "Lease" and "Rental" are used equivalently. 1.3. Direct Debit is a debiting of funds from a bank card specified by the User in pursuance of the terms and conditions of the Agreement. The withdrawal of funds is made without obtaining additional consent from the User, according to the rules and in the manner prescribed provided by the current legislation and this Agreement. 1.4. Booking is a function of the Mobile Application that ensures that the IMD selected by the User is registered to this User for the duration of the Booking. 1.5. Group Trip is a function of the Mobile Application that allows one User to take several IMD for Rent at once. 1.6. Geographical zone - a zone that includes a separate city (a separate administrative-territorial unit) of the Whoosh service, within which the Subscription purchased by the User is valid. The boundaries of each Geographical Zone are determined by the boundaries of the corresponding city (administrative-territorial unit), with the exception of the following territories, each of which individually constitutes a single Geographical Zone: · Moscow and Moscow region;: · St. Petersburg and Leningrad region; · Sochi and Sirius; · Kazan and Innopolis. 1.7. Agreement is the agreement between the Copyright Holder and the User that is concluded on the terms and conditions set forth in this T&C by way of the User's Acceptance of the T&C. By its legal nature, the Agreement is mixed and includes elements of a license sublicensed agreement (an agreement on granting the right to use the Mobile Application), as well as a short-term rental agreement for the IMD. 1.8. Limited-Speed Zone is the territory indicated in the Mobile application, within which the maximum speed of the IMD will be functionally limited to the value specified in the Mobile application using the software and hardware of the Copyright Holder. When entering the specified zone by crossing its border, the IMD will smoothly and automatically switch the speed mode to a slower one (corresponding to the speed limit), and when crossing the border when leaving the zone, it will return to the normal speed mode. Outside the speed limit zone, the User controls their speed independently taking into consideration traffic rules. 1.9. Ride Zone is the territory indicated on the map in the Mobile Application where the User can use the IMD under the Agreement. The use of the IMD by the User outside the Ride Zone is not provided for and is a breach of the Agreement. 1.10. Customer Support (also known as that "User Support Service") is the support service of the Copyright Holder that provides informational assistance to the User who reaches out by telephone or chat in a Mobile Application. 1.11. License is the non-exclusive right to use the Mobile Application provided by the Copyright Holder to the User in accordance with the Agreement on the conditions set forth in this T&C. 1.12. Whoosh* Mobile Application (also referred to as the “Mobile Application”) means mobile Android and iOS applications that allow Users to use the Whoosh Micromobility Platform user functionality, including IMD search, starting and ending a IMD trip, as well as other functions provided by the Mobile Application. This term includes both the current version of the Mobile Application and all its subsequent updates and new versions. *computer program “Whoosh User Application”, certificate of state registration of the computer program No. 2021616094, date of state registration - 04/16/2021 1.13. Parking Place is a place (zone) marked on the map in the Mobile Application, where the functionality of the Mobile Application allows the User to complete the IMD Rental. This may be an area not equipped with a IMD locking structure (“Virtual Parking”) or an area with an appropriate structure installed (in particular, a bicycle parking). The use of elements not intended for this purpose (for example, poles, fences, railings) for fastening the IMD is not allowed. When placing the IMD in the Parking lot, the User is obliged to comply with the rules for correct parking specified in clause 4.4.15.1 of this T&C (including placing the IMD at the Parking point marked on the map in the Mobile Application with the sign “P”. 1.14. Traffic Rules are the traffic rules approved by Decree No. 1090 of the Government of the Russian Federation dated 23.10.1993 (with all subsequent changes and additions). In this T&C, a link to Traffic Rules means a link to the current version of the traffic rules (or, in the case when a different edition of the traffic rules is to be applied in accordance with current legislation, a link to the corresponding edition of traffic rules that is to be applied). 1.15. Personal Data is any information related to the User, including the user's last name, first name, and patronymic, the year, month, date and place of birth, the address, passport data, as well as data of another document proving the identity of the person with the personal data, and the contact numbers, email and other information recognized as personal data in accordance with the current legislation of the Russian Federation that may also become known to the Copyright Holder when concluding, executing and/or terminating the Agreement. 1.16.

Appears in 1 contract

Samples: Please Note

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Formal Acceptance. is the full and unconditional acceptance by the User of the proposal (offer) to conclude an Agreement with the Copyright Holder on the conditions set forth in this document, the legal consequence of which is the conclusion of such an Agreement between the Parties. Formal Acceptance is expressed by the User in the ways specified in this T&C. 1.2. Lease (or Rental) is the right to own and use the IMD [Individual Mobility Device – defined below] in accordance with the Agreement provided by the Copyright Holder to the User in accordance with its intended purpose, from the moment the Lease/Rental starts until the Lease/Rental ends, according to the rules determined by the Agreement. For the purposes of the Agreement, the terms "Lease" and "Rental" are used equivalently. 1.3. Direct Debit is a debiting of funds from a bank card specified by the User in pursuance of the terms and conditions of the Agreement. The withdrawal of funds is made without obtaining additional consent from the User, according to the rules and in the manner prescribed provided by the current legislation and this Agreement. 1.4. Booking is a function of the Mobile Application that ensures that the IMD selected by the User is registered to this User for the duration of the Booking. 1.5. Group Trip is a function of the Mobile Application that allows one User to take several IMD for Rent at once. 1.6. Geographical zone - a zone that includes a separate city (a separate administrative-territorial unit) of the Whoosh service, within which the Subscription purchased by the User is valid. The boundaries of each Geographical Zone are determined by the boundaries of the corresponding city (administrative-territorial unit), with the exception of the following territories, each of which individually constitutes a single Geographical Zone: · Moscow and Moscow region;: · St. Petersburg and Leningrad region; · Sochi and Sirius; · Kazan and Innopolis. 1.7. Agreement is the agreement between the Copyright Holder and the User that is concluded on the terms and conditions set forth in this T&C by way of the User's Acceptance of the T&C. By its legal nature, the Agreement is mixed and includes elements of a license agreement (an agreement on granting the right to use the Mobile Application), as well as a short-term rental agreement for the IMD. 1.8. Limited-Speed Zone is the territory indicated in the Mobile application, within which the maximum speed of the IMD will be functionally limited to the value specified in the Mobile application using the software and hardware of the Copyright Holder. When entering the specified zone by crossing its border, the IMD will smoothly and automatically switch the speed mode to a slower one (corresponding to the speed limit), and when crossing the border when leaving the zone, it will return to the normal speed mode. Outside the speed limit zone, the User controls their speed independently taking into consideration traffic rules. 1.9. Ride Zone is the territory indicated on the map in the Mobile Application where the User can use the IMD under the Agreement. The use of the IMD by the User outside the Ride Zone is not provided for and is a breach of the Agreement. 1.10. Customer Support (also known as that "User Support Service") is the support service of the Copyright Holder that provides informational assistance to the User who reaches out by telephone or chat in a Mobile Application. 1.11. License is the non-exclusive right to use the Mobile Application provided by the Copyright Holder to the User in accordance with the Agreement on the conditions set forth in this T&C. 1.12. Whoosh* Mobile Application (also referred to as the “Mobile Application”) means mobile Android and iOS applications that allow Users to use the Whoosh Micromobility Platform user functionality, including IMD search, starting and ending a IMD trip, as well as other functions provided by the Mobile Application. This term includes both the current version of the Mobile Application and all its subsequent updates and new versions. *computer program “Whoosh User Application”, certificate of state registration of the computer program No. 2021616094, date of state registration - 04/16/2021 1.13. Parking Place is a place (zone) marked on the map in the Mobile Application, where the functionality of the Mobile Application allows the User to complete the IMD Rental. This may be an area not equipped with a IMD locking structure (“Virtual Parking”) or an area with an appropriate structure installed (in particular, a bicycle parking). The use of elements not intended for this purpose (for example, poles, fences, railings) for fastening the IMD is not allowed. When placing the IMD in the Parking lot, the User is obliged to comply with the rules for correct parking specified in clause 4.4.15.1 of this T&C (including placing the IMD at the Parking point marked on the map in the Mobile Application with the sign “P”. 1.14. Traffic Rules are the traffic rules approved by Decree No. 1090 of the Government of the Russian Federation dated 23.10.1993 (with all subsequent changes and additions). In this T&C, a link to Traffic Rules means a link to the current version of the traffic rules (or, in the case when a different edition of the traffic rules is to be applied in accordance with current legislation, a link to the corresponding edition of traffic rules that is to be applied). 1.15. Personal Data is any information related to the User, including the user's last name, first name, and patronymic, the year, month, date and place of birth, the address, passport data, as well as data of another document proving the identity of the person with the personal data, and the contact numbers, email and other information recognized as personal data in accordance with the current legislation of the Russian Federation that may also become known to the Copyright Holder when concluding, executing and/or terminating the Agreement. 1.16.

Appears in 1 contract

Samples: Please Note

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