User Agreement on the Use of “Mayber” Service
This User Agreement (hereinafter as “Agreement”) regulates relations between MAYBER LLC (hereinafter as “Administration”) and the Internet User (hereinafter as “User”) on the use of the “Mayber” system, including the mobile app “Mayber” (hereinafter as “System”, “Mobile app”).
This Agreement under article 437 and 438 of the Civil Code of the Russian Federation is a public offer addressed to any third party who uses the Mayber System. We recommend to read terms and conditions of the Agreement before using the Mayber System. If you do not agree with the terms of the Agreement, you cannot use the System. If you use the System in ways stated in this Agreement, it will be considered as your complete acceptance (hereinafter “Acceptance”) of all the terms of the Agreement.
1. TERMS AND DEFINITIOS
1.1. Mayber System (System) is a service that allows the User to search Restaurants and Book seats in Restaurants online, and use other available options in the System via the Mobile app and web-version of the Mobile app.
1.2. Mobile app “Mayber” is a computer-based program under article 1261 of the Civil Code of the Russian Federation available for downloading onto mobile devices (mobile phone, smartphone, tablet, etc.) that use “iOS”/ “Android” operating systems, and that allow the User to use the System.
Hereinafter the “Mayber” Mobile app will be referred to as the “Mobile App”
1.3. Administration – Mayber LLC
1.4. User (Guest) is an individual who has signed up to the Service to use the Service in accordance with the Agreement.
1.5. Restaurant (Facility) is a legal person and an individual entrepreneur who is an owner of a restaurant, café or any other facility that provides third parties with goods and/or services in public catering, which you can find information on in the System.
1.6. Registration in the System is a procedure that implies the User’s complete and unconditional agreement with the terms of the Agreement and all documents applicable to the System, and gets access to the System via Mobile number and Confirmation Code. The Confirmation Code is considered necessary and sufficient to access the System.
1.7. Phone number is a phone number that the User receives from a cellular operator when the User connects to an operator network, and that defines the person, who signed an agreement with a cellular operator on providing services of mobile communications, that presents as an identifier of the User in the System. The phone number is a unique Username (login) in the System that is ascribed to the User when Registering in the System.
1.8. Confirmation code is a unique sequence of numbers (a password) initiated by the User and generated by the Administration, sent to the User by the Administration via an SMS to the Phone number of the User provided by them during their Registration in the System in order to identify the User (a password is valid only within 1 minute after an SMS is sent by the Administration).
1.9. Booking is a System function that allows the User to search Restaurants and book seats in restaurants through a booking form placed in the System with the help of the Mayber Mobile App.
1.10. Reservation is an electronic document sent to the User via an SMS and/or a notification in the Mayber Mobile App that confirms Booking in a Restaurant for a certain date and time.
1.11. Order is placed by the User in the System to order goods and/or services of the Restaurant, and as a result the User signs an agreement on preparation and/or implementation of goods and/or services with the Restaurant on terms stated by the Restaurant and placed in the System.
1.12. Banking Card of the User is an international or national payment card owned by the User.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Administration provides the User with an access to functions of the Mayber System, and also to search Restaurants and to Book seats in Restaurants online on terms stated in this Agreement.
2.2. Depending on the region of the User, functions of the System connected to the Restaurant, information about goods and/or services provided by the Restaurant, technical capacity of the functions, and also other circumstances, all or some functions of the System may be unavailable or limited. Functions are considered unavailable (limited) for the User, if the User cannot use them. Attempting to disregard these limitations with the help of any technical and programming methods is prohibited. The terms of the Agreement regulating unavailable (limited) functions of the System are not in use until these functions become available to the User.
2.3. Access to the System is free and is provided in order to use the System, including the Mobile App, directly on the territory of the whole world within duration of exclusive right of the Administration to the System and Mobile Apps.
2.4. Use of the System is allowed only on terms of the Agreement. If the User does not accept all terms of the Agreement completely, the User is not entitled to using the System for any purposes. Use of the System with a violation (non-compliance) of any term of the Agreement is prohibited.
2.5. Effect of the Agreement applies to all the following updates/ new versions of the System, including Mobile Apps. If the User agrees to install an update/new version of the System, including Mobile Apps, the User agrees to the Agreement of corresponding updates/new versions of the System, including Mobile Apps, if the update/installation of the new version of the System is not accompanied with another agreement.
3.1.1. An individual becomes a User and is identified in the System if they perform any of the following actions:
3.1.2. If the User performs any of the actions stated in term 3.1.2., it is perceived as User’s Acceptance of terms of the Agreement and all documents applicable to the System.
3.1.4. If the User performs any of the actions stated in term 3.1.2, the User agrees to receiving advertisements and newsletters, and service letters about the System or Restaurants through any contacts and communication channels, including push-notifications. The User can revoke their agreement at any moment by sending a revoking letter to the following e-mail address firstname.lastname@example.org, providing a corresponding topic;
3.1.5. When using the System, the User is obliged to:
3.1.6. The Administration is entitled to completely or partly restrict access to the System for any User without notification if the User:
3.1.7. The Administration is entitled to completely or partly restrict access to the System at any time.
3.1.8. The Administration is not responsible for suspending or ceasing the work of the System in regard to any User’s Account.
3.1.9. The User is entitled to stop using the System at any time by deleting the Mobile App from their mobile device or any other way that clearly expresses the cease of use, or suspend the use of the System. The use suspension is seen as a lack of activity of the User in the System (lack of use of the System’s functions) within 1 year. The Administration is entitled to delete the User’s Account in this case.
3.1.10. The User is responsible for possible taxes and obligations connected to the use of the System.
3.1.11. Terms of certain campaigns and programs offered by the Restaurants within the System are provided in the Mobile App and/or informational resources of the Restaurants and/or informational resources and advertising materials of the Restaurants.
4. LIMITS OF SYSTEM USE
4.1. The User is not entitled to research and test the System’s functioning, including the Mobile Apps, in order to identify ideas and principles that underpin the program, data base and other components of the System, including the Mobile App, disassemble, decompile (reproduce and transform an object code into a source text) or attempt to receive a source text of the program in any other way, without data base and other components of the System, including the Mobile Apps, except in cases when such acts are envisaged in the current law, and only within the limits allowed by the law of the Russian Federation.
4.2. The User is entitled to use the System, including the Mobile Apps, only for personal, family, home and other needs, that are not connected to entrepreneurship.
5. USE OF MATERIALS IN THE SYSTEM
5.1. The System contains materials that are protected by copyright, trademarks and other protected materials, including but not limited to texts, photographs, video materials, graphic images, music and sound tracks.
Thus, the System’s content is protected by copyright as a work created collectively according to the copyright and related rights in the law of the Russian Federation. The Administration has a copyright to use the materials of the System (including rights to choose, place, systemize and transform data in the System, and also source data as well), except for cases that are mentioned in the content published in the System separately. Use of such information for any purposes except for personal without Administration’s consent is not allowed.
Terms stated in the current section of the Agreement are aimed at protecting the interests of the Administration and third parties, including Restaurant that owns rights in regard to the content of the System. Thus, all these rights holders are entitled to use their rights stated in the Agreement independently.
5.2. The User is not entitled to transform, publish, redirect content of the System to third parties, sell or assign, create by-products or use the content of the System in any other way, partly or completely.
The User can download materials from the System that are protected by copyright only for personal use. Unless otherwise envisaged in copyright and related rights, copying, spreading, redirecting to third parties, publishing and other commercial use of the materials downloaded from the System is not allowed without a written consent provided by the Administration or another legal holder of copyright. If the User receives a consent to copy, spread, publish or any other use of the System’s materials protected by copyright, such copying, spreading and other use is not allowed without notifying about copyright, or with transformation or omission of the author’s name and/or trademark.
6.1. The User is obliged not to place in the System or redirect anywhere else via the System any materials of the following content: violating the law, containing threats and harassment, discrediting other individuals, violating civil rights to private life and public order, inappropriate content; violating honor and dignity, rights and interests of other individuals, protected by the law, in any degree; encouraging or containing calls to religious, racial or national discord, containing calls to discord, hatred and violence; other materials that provoke other individuals to illegal actions, that entail criminal, civil or other responsibilities, or violating the law in any way. Any actions of the User, that restrict or prevent other Users’ rights, in Administration’s opinion, are not allowed.
6.2. The User is obliged not to place in the System or redirect anywhere else via the System materials which advertise other goods or services, without receiving Administration’s consent. The User is obliged not to use the System for advertisement or other sales promotion of goods and services in any shape or form, including but not limited to motivating Users to subscribe to another system of interactive services that is Mayber’s competitor.
6.3. The User is obliged not to upload, place or use the System’s materials, protected by the law of intellectual property (including copyright and trademark law) in any other way, and other legally protected materials without receiving the owner’s consent. Thus, the burden of proof that the User has not violated copyright or related rights of third parties to placed materials is on the User.
6.4. The User agrees that they are fully responsible for materials they place in the System, including storing these materials, for their legality, for violating rights of third parties, and must compensate any damage caused by such violations, and any other damage caused by uploading such materials to the System.
6.5. If the User places any materials in the System for public use, the User thereby automatically provides the Administration (or confirms, that the owner of these materials provided the Administration) with a free, constant, irrevocable, not exclusive right to use, reproduce, transform edit, publish, translate and spread such materials (partly or completely) on the territory of all world countries and/or to include such materials into other works in any shape of form by using any mass media or technologies, that are known as of today or can be invented in the future, within duration of copyright that is envisaged in the law of the Russian Federation regarding such materials. The User also allows other Users to access, view, store or reproduce such materials for personal use. The User provides the Administration with a right to edit, copy, publish and spread any materials placed by the User in the System.
7.1. If the Administration and the User do not follow their obligations in accordance with the Agreement, the Administration and the User are responsible on the grounds and in the manner envisaged in the law of your country of residence, and a dispute can be solved in any appropriate court of such a country, to which it is legally bound. In all other cases, the User agrees that a dispute should only be solved in the federal court of Miami Dade County, that is located in the South Florida district.
7.2. The System is provided on “as is” terms. The Administration does not provide any assurance and (or) guarantee in regard to infallible work of the System, including the Mobile App, or certain functions, System’s correspondence to certain purposes and expectations of the User, does not provide any other assurance and (or) guarantee that are not directly stated in this agreement.
The User agrees that the User is familiar with the most important functions of the System, and that they are responsible for choosing the System for their purposes, for installment and use of Mobile Apps, and also for results achieved with the help of the System.
7.3. The Administration is not responsible for functions that are impossible to provide in the System, and other specific functions for the User due to any circumstances out of Administration’s control, including faulty work of communication lines, malfunctioning equipment, suppliers’ non-performance, etc.
7.4. Legal relationships on the User’s right to purchase goods and/or services of the Restaurant, and also to Booking, are strictly between the User and the Restaurant.
The Administration is not responsible for the Restaurant’s actions or inaction in selling goods and/or services to the User, including Booking a seat in the Restaurant.
Claims and complaints regarding goods and/or services sold to the User by Restaurants, and/or Booking, are not handled by the Administration, and should be managed by the User independently and at their own expense directly with the Restaurant. The Administration is not responsible for such claims and complaints of Users.
7.5. The Administration is not responsible for the content and/or validity of information provided by the Restaurant regarding the Restaurant and goods and/or services, including information on prices of goods and/or services, time of goods and/or services preparation, ingredients, and also availability of goods at the moment of ordering.
7.6. The Administration does not check if the User’s information is accurate, and does not control the User’s capability. Thus, the Administration presumes that information received from the User is accurate, and the User keeps this information valid.
7.7. The Administration is not responsible if the User’s information is disclosed to a certain/ uncertain group of individuals as a result of the User’s terms violation.
8. PERIOD OF THE AGREEMENT
8.1. The Agreement is valid as soon as the User accepts terms of the Agreement, which is expressed by any actions stated in term 3.1.2 of the Agreement, and is valid until any of the following events:
8.1.1. termination/avoidance of the contract and/or agreement between the Administration and the Restaurant that provided the Restaurant with a right to use the System’s functions and options;
8.1.2. the Administration partly or completely restricts access to the System to any User according to term 3.1.7 and 3.1.8 of the Agreement;
8.1.3. The User ceases to use the System according to term 3.1.10 of the Agreement.
9. FINAL CLAUSES
9.1. The law of the Russian Federation, without conflict-of-law rules, is applied to this Agreement.
9.2. In case of disputed, requirements and (or) complaints regarding issues envisaged in the Agreement or connected to it, Parties are obliged to take all possible and reasonable measure to regulate them by negotiation.
9.3. The Administration is entitled to send the User notifications connected to the use of the System. Notification is considered complete on behalf of the Administration to the User if it is sent to their Phone Number and/or e-mail address placed in the System.
9.4. The Administration is entitled to change the Agreement at any time without notification. Change of the Agreement (new version of the Agreement) is executed if the User performs Explicit actions, stated in term 9.4 of the Agreement, or continues to use the System.
New version of the Agreement becomes valid as soon as it is published in the System, unless otherwise envisaged in the new version of the Agreement.
If the User does not agree with the new version of the Agreement, they should cease using the System.
10. ADMINISTRATION’S DETAILS
3801 COLLINS AVE. UNIT 1703 MIAMI BEACH, FL 33140