USER AGREEMENT
BEFORE USING THE WEBSITE AND/OR SOFTWARE, PLEASE READ THIS DOCUMENT CAREFULLY. FURTHER USE IS PERMITTED ONLY IF YOU COMPLY WITH THE TERMS OF THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, YOU UNDERTAKE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH BELOW.
CARSTONE AMUSEMENT LLC, TIN 303146764, registered office: Sputnik 6 Residential Area, Al-Fargʻoniy MFY, Yangihayot District, Tashkent, Republic of Uzbekistan (hereinafter referred to as the “Administration”), hereby offers to enter into this User Agreement (hereinafter referred to as the “Agreement”) with an unlimited number of individuals using the website available on the Internet at: www.magicsafari.uz, as well as any other IT products distributed under the “MAGIC SAFARI” brand.
This Agreement constitutes a public offer in accordance with Article 369 of the Civil Code of the Republic of Uzbekistan. Pursuant to Article 370 of the Civil Code of the Republic of Uzbekistan, acceptance of the terms of this Agreement shall be deemed to occur through the performance of the actions specified herein. The agreement concluded by acceptance of this public offer does not require bilateral execution and shall be valid in electronic form.
The User's unconditional acceptance of this Agreement shall be deemed to occur from the moment the User actually commences using the Website and/or the Software.
The text of this public offer is published on the Website. The Administration reserves the right to amend this public offer at any time. The terms of the public offer may not be modified except by publishing an amended version of this document on the Website.
Terms
The Parties use the following terms with the meanings set forth below:
Administration – the entity holding all rights to the Website and/or the Software and publishing this Agreement.
User – any individual who accesses the Website and/or the Software during a certain period of time.
Content – any text, graphic, audio, video, and other materials posted on the Website and/or within the Software.
Personal Account – a set of secure pages on the Website and/or within the Software created upon Registration, through which the User utilizes the functionalities of the Website and/or the Software and interacts with the Administration.
Login and Password – a unique combination of characters created by the User during the Registration process and intended to provide access to the Personal Account.
Registration – the free-of-charge process of completing an electronic form available on the Website and/or within the Software for the purpose of obtaining access to their functionalities. The Registration procedure is carried out independently by the User.
Website – a collection of computer programs and other information contained within an information system, access to which is provided through the Internet information and telecommunications network and located at: www.magicsafari.uz, as well as the websites of the Partners.
Software (hereinafter referred to as the "Software") – software package consisting of a computer program and mobile applications, including functionalities for management, collection and recording of information, and generation of statistical data.
Applications – a type of software designed to operate on smartphones, tablets, and other mobile (portable, handheld) devices.
Partners – legal entities carrying out their activities using the "Magic Safari" software and the "Magic Safari" brand.
Subject of the Agreement
2.1. Under this Agreement, the Administration grants the User, free of charge, access to the Website and/or the Software under the terms of a non-exclusive, non-transferable license.
2.2. The territory of the rights granted under this Agreement shall include all countries of the world.
2.3. The term of the rights granted shall be limited to the validity period of this Agreement and the duration of the Administration's exclusive rights to the Website and/or the Software.
2.4. The Administration represents and warrants that it holds all exclusive rights to the Website and/or the Software or possesses licenses for the use of their individual components, including intellectual property objects such as software code, design works, texts, and means of individualization (trade names, trademarks, service marks, and commercial designations).
2.5. By accepting this Agreement, the User confirms that they have read and understood the terms and conditions of this Agreement and fully understand their contents.
2.6. The text of this Agreement is published on the Website and within the Software. The Administration reserves the right to amend this Agreement at any time. The terms of this Agreement may not be modified except through the publication of an amended version of this document on the Website and within the Software.
Registration
1. Registration shall be deemed completed upon the submission to the Administration of the completed electronic form available on the Website and/or within the Software.
2. Prior to submitting the electronic form, the User shall familiarize themselves with the provisions of this Agreement, as well as the Privacy Policy and the Consent to the Processing of Personal Data published on the Website and within the Software.
3. The User represents and warrants that:
• The personal data provided during Registration are accurate, current, and truthful and do not relate to any third party;
• The terms of this Agreement and the text of the Consent to the Processing of Personal Data are clear to the User and are accepted by the User in full.
4. The Administration reserves the right to establish procedures for registration verification and to introduce requirements regarding the User's Login and Password in order to ensure the security of the User's account.
5. The User bears personal responsibility for the security and resistance to hacking by third parties of the password chosen by the User, and independently ensures its confidentiality. The User undertakes not to disclose the login and password specified during registration to third parties.
6. The User confirms that any actions performed under their account (including, without limitation, clicking buttons confirming acceptance of any agreements and rules) shall be deemed authorized by the User, unless proven otherwise.
7. The Administration reserves the right to verify the data provided by the User for compliance with clause 3.3.1 of this Agreement. If the Administration considers the data provided by the User not to comply with clause 3.3.1 of this Agreement, the Administration reserves the right to deny the User access to the Personal Account and/or block access to the Personal Account.
4. Use of the Website and Software
1. The obligations of the Administration to provide a non-exclusive license are deemed fulfilled at the moment of downloading the Website and/or Software onto the User’s device.
2. The use of the Website and/or Software does not entail the transfer of any rights to the Website and/or Software or any of its components. The User is granted a limited right to use the Website and/or Software in accordance with the terms of this Agreement.
3. Access to the Website and/or Software is provided on a 24/7 basis, except in cases of scheduled maintenance work.
4. The Administration has the right to carry out maintenance work on the server, during which access to the Website and/or Software may be temporarily suspended. The User shall be notified of maintenance work via notifications on the Website or in the Software. Maintenance work shall, whenever possible, be carried out in the evening or night time and/or on weekends.
5. The Administration has the right to modify or release updates to the Website and/or Software, add new features or functionality that improve its performance or otherwise enhance its characteristics, or remove certain functionality.
6. The Administration has the right to block the User’s access to the Personal Account, as well as impose other restrictions on the use of the Website and/or Software, if the Administration has reasonable grounds to believe that the User is violating the terms of this Agreement.
7. The Administration has the right to impose restrictions on the use of the Website and/or Software for certain categories of Users, depending, in particular but not limited to, the User’s geographical location, the language in which the Website and/or Software is provided, and the maximum amount of information that may be transmitted by the User through the Website and/or Software.
8. The Administration has the right not to verify the content of any information transmitted by the User through the Website and/or Software.
9. The Administration has the right to terminate this Agreement with the User and refuse to perform it in case of the User’s failure to comply with the terms of this Agreement. The Administration also has the right to unilaterally amend the text of this Agreement at any time.
10. By using the Website and/or Software, the User has the right to:
Access the Website and/or Software on a 24/7 basis, except during scheduled maintenance periods.
Leave reviews on the Website and/or in the Software. The User agrees that the Administration has the right to moderate the User’s reviews in case of violation of the Agreement.
Use the Website and/or Software within the limits defined by this Agreement.
11. When using the Website and/or Software, the User is prohibited from:
Using the Website and/or Software in any manner not expressly provided for by the Agreement, or using the Website/Software or their parts beyond the term of the Agreement.
Distributing, copying, or otherwise publishing the software.
Granting sublicenses for any use of the Website and/or Software or their parts to third parties.
Using the Website and/or Software to engage in activities similar to those of the Administration.
Uploading or transmitting via the Website and/or Software any information that violates legal requirements or that, in the Administration’s opinion, violates the rights and interests of other individuals or legal entities, or is otherwise undesirable, including but not limited to information that infringes intellectual property rights of third parties, contains threats, defames, insults, discredits honor, dignity, or business reputation, or violates the privacy of other Users or third parties; contains obscene language; contains pornographic images; promotes or incites racial, religious, or ethnic hatred or hostility; or contains restricted information, including but not limited to state or commercial secrets.
Uploading any malicious software that damages, interferes with, intercepts, expropriates, or otherwise compromises the integrity of software or hardware systems related to the Website and/or Software, or the personal information of other Users.
Using any intellectual property placed on the Website and/or Software without prior written consent of the Administration.
12. The Parties recognize the legal force of electronic mail—documents sent via email—and agree that such documents are equivalent to paper documents signed by handwritten signature, as only the Parties themselves and their authorized persons have access to the relevant communication channels (email addresses). The Parties agree that no separate act confirming the provision of a non-exclusive license shall be issued.
5. Liability and dispute resolution
1. The Administration makes all possible efforts to ensure the operability of the Website and/or Software; however, it does not guarantee their continuous availability, uninterrupted and timely provision, security, accuracy, or absence of errors in the operation of the Website and/or Software. The User’s sole remedy in connection with the above-mentioned issues is the immediate cessation of use of the Website and/or Software.
2. The Website and/or Software are provided to the User on an “as is” basis, in accordance with the generally accepted principle in international practice. The Administration shall not be liable for issues arising during installation, updating, maintenance, and operation of the system (including, without limitation, compatibility issues with other software products (packages, drivers, etc.), or failure of the results of using the Website and/or Software to meet the User’s expectations).
3. The User understands that they bear full responsibility for any negative consequences caused by incompatibility or conflicts of the Website and/or Software with other software installed on the User’s computer or other device. The Website and/or Software are not intended and may not be used in information systems operating in hazardous environments or in life-support systems, where a failure of the Website and/or Software could pose a threat to human life and health or cause material damage.
4. The Administration shall bear no liability, whether contractual or tortious, regardless of whether the User was notified of the possibility of such violations or damages arising from or resulting from the use of the Website and/or Software, including but not limited to damages resulting from:
The User’s download or other receipt of data through the Website and/or Software. Any recommendations provided to the User orally or in writing by the Administration do not create any warranties.
Disclosure to third parties of information contained in the User’s Personal Account that occurred not due to the fault of the Administration.
Maintenance work carried out by the Administration on the Website and/or Software simultaneously with the User’s cessation of use of the Website and/or Software.
Provision by the User of false or inaccurate information via the Website and/or Software or to the Administration’s employees, whether orally or in writing.
5. The User is solely responsible for the security of their login and password and for any losses that may arise due to their unauthorized use.
6. The User is solely responsible for ensuring that all information posted on the Website and/or Software complies with applicable law, including liability to third parties in cases where such information or its content infringes the rights and lawful interests of third parties. The Administration has the right to edit (moderate) information posted by the User on the Website and/or Software.
7. Any recommendations received by the User from the Administration, whether oral or written, do not constitute any warranties.
8. In the event of disputes between the User and the Administration arising out of this Agreement, a mandatory pre-trial claims (complaint) procedure shall apply.
9. The User has the right to submit a written reasoned claim (complaint) to the Administration if the User believes that the Administration is violating the terms of this Agreement. Claims that do not allow the User to be identified shall not be considered.
10. The Administration has the right to submit a written reasoned claim (complaint) to the User if, in the Administration’s opinion, the User is violating the terms of this Agreement.
11. The time period for reviewing a claim is 10 (ten) days from the date of its receipt by the addressee.
12. If the dispute arising from this Agreement cannot be resolved through the claims (pre-trial) procedure, it shall be submitted to the court at the location of the Administration.
6. Confidentiality and Security
1. The Administration treats the protection of privacy and confidential information with responsibility. The Administration stores and processes information provided by the User in strict accordance with the Personal Data Processing Policy published on the Website and/or Software, in compliance with the requirements of the Law “On Personal Data”.
7. Mailing (Communications)
1. The Administration respects the right of each User to receive only those informational messages to which they have given consent. When sending such informational messages, the Administration complies with the consent to receive news and advertising communications and related personal data processing on the Website and/or Software, in accordance with the requirements of the Law “On Advertising” dated 07.06.2022 No. ZRU-776.
8. Term of the Agreement and Termination Procedure
1. This Agreement enters into force on the date of acceptance and remains valid until terminated by the Parties. The Agreement may be terminated by either Party by deleting the User’s Personal Account.
2. The User undertakes to independently monitor changes to this Agreement by periodically reviewing its current version, at least once a month. The User is solely responsible for any consequences arising from failure to review the Agreement and its appendices.
3. If the User does not agree with any provision of this Agreement and/or its appendices, the User must immediately cease using the Website and/or Software.
4. Upon termination of this Agreement, all licenses and rights to use the Website and/or Software shall immediately cease. Termination of the Agreement shall not affect the User’s obligations imposed under this Agreement towards the Administration, which shall reasonably survive termination.
9. Miscellaneous Terms
1. The non-exclusive license granted under this Agreement applies to all subsequent updates and new versions of the Website and/or Software.
2. This Agreement between the Administration and the User fully regulates the User’s use of the Website and/or Software, including all its functions, and supersedes any prior written or oral agreements relating to the subject matter of this document.
3. If any provision of this Agreement, or part thereof, is found to be invalid by any court or administrative authority with competent jurisdiction, such provision or part shall be removed from this Agreement without affecting the validity, legality, or enforceability of the remaining provisions.
4. Any failure or delay by the Administration in exercising its legal rights or claims for damages under this Agreement shall not constitute a waiver of such rights.
5. Section headings in this Agreement are for reference purposes only and do not define, limit, or interpret the content of the respective section.
6. This Agreement shall be governed by the legislation of the Republic of Uzbekistan.
10. Refund Terms
The User’s payment obligation shall be deemed fulfilled on the date when the full amount of funds is credited to the Administrator’s bank account. In case of payment through electronic payment systems, the moment of payment shall be the issuance of the electronic receipt.
A ticket purchased through the website is subject to refund within 30 (thirty) calendar days from the date of purchase, provided that the refund conditions established by the website usage rules and/or the internal rules of the company are complied with.
11. Final Provisions
In the event that any provisions of this Agreement are declared invalid, the remaining provisions of this Agreement shall remain in full force and effect.
The Administrator shall be liable to the User only to the extent of paid but unrendered Services. The Administrator shall bear no financial liability to the User and shall not refund any payments made under these Terms if the Services were not rendered due to the User’s fault