1.1. This agreement establishes the procedure for granting by 189 TAXI (Taxi Baku Driver) service (hereinafter – the service) the right to use the collection of information containing current information on passenger and baggage transportation, loading and unloading, and demand for cargo transportation services.
1.2. Unless otherwise provided by a separate agreement of the parties, the agreement shall be deemed as a general contract in accordance with article 400 of the Civil Code of the Republic of Azerbaijan and shall be used in electronic form https://189taxi.az/az/policy.html it is concluded by joining the terms of the agreement placed at the address. The person who has passed the registration procedure specified in the agreement shall be deemed to have accepted the agreement and shall be deemed equal to the conclusion of a civil-legal contract on the terms specified in this document.
1.3. Please read the text of the agreement and its annexes before proceeding with the registration procedure. If you do not agree to any terms, you shall refuse to use the data collection.
1.4. The agreement is a sub-license agreement, and provisions defined in articles 30-31 of the law “on copyright and related rights” of the Republic of Azerbaijan and articles 4-5 of the law “on legal protection of data collections” are applied to it.
1.5. The procedure for using the collection of information of the service posted on the website of the service in electronic form is considered an integral part of the agreement.
2. Subject of the agreement
2.1. In accordance with the terms of the agreement, the service grants the partner the right to use a set of information containing current information on passenger and baggage transportation, loading and unloading activities, and the demand for cargo transportation services on the basis of the terms of a simple (non-exclusive) license and the methods specified in the agreement. The partner undertakes to pay for the service in the terms and amounts determined by the agreement or its annexes.
2.2. Under the agreement, a set of data is understood as an organized structure consisting of a set of methods and algorithms for systematization, storage, processing, transformation of materials in accordance with the algorithm of a set of data ensuring the interaction of materials, technical, software and hardware means, as well as elements of a set of data. Access to data collection materials is available through the Taxsi Baku Driver mobile application.
2.3. Legal relations on collection, storage and systematization of information, formation of data collection and provision of access to data collection are carried out in accordance with the provisions of the law of the Republic of Azerbaijan dated 03.04.1998 460-IQ №“on information, informatization and protection of information”.
2.4. According to Article 10 of the law of the Republic of Azerbaijan “on information, informatization and protection of information”, information placed in the data collection is considered open for general use, access to which is not restricted. The legislation of the Republic of Azerbaijan does not relate to any restriction or prohibition of dissemination of information.
2.5. He may use the information that the partner will receive at his own discretion.
2.6. The data collection consists of the following materials:
2.6.1. Current information on demand for passenger and baggage services;
2.6.2. Actual information on demand for cargo transportation services;
2.6.3. Actual information on the demand for loading and unloading works.
2.7. The materials that make up the data collection have the following kharkteristics:
2.7.1. Information on demand for passenger and baggage transportation services:
- address of the vehicle;
- vehicle category;
- the address of the end of the trip or the distance of the trip;
- applicable tariff;
- calculated cost of the trip;
- contact information of the person who kept the order.
2.8. The territory granted the right to use the set of data, - the Republic of Azerbaijan.
2.9. Access to the data collection is provided through the special software provided by the service – 189 TAXI (Taxi Baku Driver) program for EHM.
3. Registration procedure on the website of the service
3.1. To access the data collection, you need to register on the site of the service – independently using the Internet or at the location of the Office of the service.
3.2. Registration on the site of the service is considered a complete and unconditional connection to the terms of the agreement.
3.3. Registration is carried out by filling out a special form on the website of the service. During registration, the service may require the submission of documents confirming the authenticity of the entered information.
3.4. Registration is carried out at the discretion of the service. The submission of documents and information necessary for registration does not create an unconditional obligation to carry out registration of the service.
3.5. The registration procedure ends with the issuance of the user's identification number (login) and password required to access the set of data with authorization. The identification number (login) and password are sent by the service to the mobile phone number specified in the registration process.
3.6. During the registration process, the service only requires personal data and documents to verify the authenticity of the submitted information and does not store them after the registration procedure is completed.
3.7. The service stores and uses the following information about persons registered on the site, not counting personal data:
3.7.1. User's pseudonym (Nick) — any combination of letters specified during registration. The pseudonym is displayed as desired by the partner and is not edited by the service;
3.7.2. User's login number;
3.7.3. Vehicle brand, color and Digital part of state registration sign;
3.7.4. The mobile phone number specified during registration.
3.8. By registering on the website of the service, the partner agrees to receive informational messages, as well as advertising information distributed in contact networks (including messages on Viber, W, Telegram and other internet messengers), if necessary, to receive such consent for the purpose and in cases stipulated by the legislation on advertising of the Republic of Azerbaijan.
4. Service fee
4.1. For granting the right to use the data collection, the partner undertakes to pay the service a fee in the amount and terms determined by the procedure for using the data collection.
5. Guarantees of Service
5.1. The service guarantees that:
5.1.1. Has sufficient rights to fulfill its obligations under the agreement;
5.1.2. Implementation of the agreement by the parties will not entail violation of intellectual rights of third parties;
5.1.3. It is not related to the set of data, the terms defined in the agreement, which may interfere with its use;
5.1.4. The partner does not and will not perform any actions that make it impossible to use the set of information on the terms set forth in the agreement.
6. Procedure and methods of using a set of data
6.1. The partner cannot use the data collection in the following ways:
6.1.1. The extraction of information from the data collection and use of the specified information in its activity, including the possibility of using the said information to third parties (its employees, counterparties, etc.). giving ) ;
6.1.2. Full or partial copier in any form and by any methods;
6.1.3. Modification, including the translation of a set of data from one language to another.
7. Rights and obligations of the parties
7.1. The service has the following rights:
7.1.1. To require the use of the set of information from the partner by the rules and methods stipulated by the agreement;
7.1.2. To conclude agreements with third parties on granting the right to use the set of data similar to this agreement, including the right to use the set of data within the territory given to the partner;
7.1.3. If the partner violates the terms and conditions of payment of the fee paid to the service, he / she shall suspend the ability to use the data set until payment is made;
7.1.4. If the service detects documents proving the illegal use of information contained in the data collection,the Partner shall cease to have access to the data collection. Access to the data collection is suspended on the basis of court resolutions and decisions that have entered into legal force, which determine the violation committed by the partner. Originals of the mentioned documents or copies approved by the relevant court shall be submitted. The partner's ability to use the data set is suspended until violations are eliminated.
7.2. Duties of the service:
7.2.1. To ensure continuous, uninterrupted operation of data collection during the period of validity of the agreement.
7.3. The partner has the following rights:
7.3.1. To use the set of data by rules and methods provided for by the agreement;
7.3.2. To request the service to promptly eliminate any circumstances that prevent the use of data collection.
7.4.1. Payment of fees for the service in the manner and time period determined by the procedure for using the data set.
7.5. The partner does not provide the service with reports that it uses a set of data.8. Responsibility of the parties
8.1. The parties shall bear responsibility for violation of the terms of the agreement provided for by the current legislation of the Republic of Azerbaijan.
9. Dispute resolution procedure
9.1. The parties undertake to take all necessary measures to resolve any disputes and disagreements arising from the agreement by negotiation and peaceful means.
9.2. The period of submission of documents aimed at peaceful settlement of disputes and disagreements, and the period of response to claims shall not exceed 7 (seven) working days from the moment the party receives such claims and the necessity of submission of these documents.
9.3. If the parties do not agree on existing disputes and disagreements, disputes and disagreements will be resolved in court at the location of the service.
10. Special conditions
10.1. According to Article 12 of the law of the Republic of Azerbaijan” on legal protection of data collections", the agreement does not provide for the transfer of exclusive rights to the data collection to the partner, and the transfer of rights envisaged by this agreement to the Partner shall not pass through state registration.
10.2. Pursuant to Article 390 of the CC of the Republic of Azerbaijan, the parties agree that they will not require each other to submit and/or sign bilateral acts on the work performed.
10.3. The procedure for using the set of data is considered an integral part of the agreement.
10.4. Unless otherwise provided by a separate agreement of the parties, the terms of the agreement shall apply to all persons registered on the website of the service. If the parties conclude a separate agreement, the terms of this Agreement shall be applied to the legal relations of the parties.
How to use the data collection of the service
1. Terms and definitions
1.1. Data collection-organized structure consisting of a set of methods and algorithms (program code) intended for systemization, storage, processing, transformation of materials in accordance with the algorithm of data collection providing interaction of materials, technical, software and hardware means, as well as elements of data collection. Access to data collection materials can be obtained through Taxi Baku Driver mobile application.
1.2. Partner-a person who accepts the terms of this Agreement and receives the right to use the data collection on its basis.
1.3. Service-a legal entity that submits to the partner the right to use the data collection under this Agreement, as well as the right to use the 189 TAXI (Taxi Baku Driver) mobile application, which is necessary to get access to the data collection.
1.5. Order-information on the demand for the performance of certain types of work (provision of certain types of services), forming a set of data and having certain parameters, depending on the type of order specified in this document.
1.6. Order price-cash paid by the person ordering to the partner.
1.7. Personal account-an account showing the amount deducted (written off) from the partner's advance payments and data collection for use. A personal account has a unique number and is formed by the service.
1.8. Balance of a personal account-the difference between the amounts of funds for a certain period credited to the personal account and debited from it.
1.9. Customer-a natural person who orders the service through the service.
2. General provisions
2.1. This document describes the rules and conditions for providing the partner with the opportunity to use the set of data and is an integral part of the sub-license agreement between the partner and the service.
2.2. Legal relations on collection, storage and systematization of information, formation of data collection and provision of access to data collection are carried out in accordance with the provisions of the law of the Republic of Azerbaijan dated 03.04.1998 460-IQ №“on information, informatization and protection of information”.
2.3. According to Article 10 of the law of the Republic of Azerbaijan “on information, informatization and protection of information”, information placed in the data collection is considered open for general use, access to which is not restricted. The legislation of the Republic of Azerbaijan does not relate to any restriction or prohibition of dissemination of information.
2.4. He may use the information that the partner will receive at his own discretion.
2.5. Data collection allows the partner to use the following materials:
2.5.1. Information on demand for passenger and baggage services;
2.5.2. Information on demand for cargo transportation services;
2.6. The materials of the collection of information on the current demand for passenger and baggage services contain information on the provision of motor vehicle intended for passenger and baggage transportation, as well as information on the place and time of delivery of motor vehicle, category of motor vehicle, information on the route of transportation, information on passengers, price of the order and other information
3. And change is (frustratingly) inevitable.
3.1. Making changes to this regulation is carried out by the service unilaterally sending a message through the application of 189 TAXI (Taxi Baku Driver) of the relevant changes.
3.2. Any changes apply to all persons using a set of data from the moment of their entry into force, including those who began to use a set of data before the changes came into force. If the partner does not agree with the changes, he shall stop using the data collection and inform the service about it.
4. Rights and obligations of the parties
4.1. The service has the following rights:
4.1.1. To require the partner to fulfill the terms of the rule;
4.1.2. Suspend or terminate the use of the partner's data collection under the terms and conditions set forth in this policy;
4.1.3. Make changes to the rule;
4.1.4. To record telephone conversations with the partner for the purpose of internal control over the quality of the services provided;
4.1.5. To implement regulations on making changes to the work of data collection and maintenance. The partner's ability to use the data collection at the time of the mentioned works may be suspended for the duration of the relevant works;
4.1.6. If the balance of the personal account is zero or negative, stop the possibility of using the data collection of the partner until the partner replenishes his personal account.
4.1.7. In the event that the customer's property is forgotten in the salon of the partner's car, to provide the customer with the partner's contact phone for the immediate return of the forgotten property.
4.1.8. To do other actions that do not contradict the terms of the legislation and regulations of the Republic of Azerbaijan.
4.2. Duties of the service:
4.2.1. To provide the partner with the opportunity to use the data collection, to ensure the ability and continuity of the data collection, except in cases of changes to the data collection and implementation of regulations on technical services, as well as in cases of technical failures;
4.2.2. To provide the partner with the right to use the mobile application required to use the data collection;
4.2.3. Timely take into account the partner's payments in his personal account;
4.2.4. Timely identify and prevent unauthorized access attempts to the information provided by the partner and its delivery to persons not directly related to the legal relations of the parties;
4.2.5. Do not change or edit information about the partner, without his permission.
4.3. Rights of the partner:
4.3.1. To require access to the service, in accordance with the terms of the regulation, to the collection of information of the required quality, including technical and consulting services.
4.4. Partner's duties:
4.4.1. To fulfill the order accepted for execution in accordance with its terms and conditions;
4.4.2. To pay for the services rendered for the provision of the opportunity to use the set of information in the amount determined by the rule;
4.4.3. If the service makes any payments in favor of the customers, which is caused by the provision of services not of the proper quality of the partner (its employees and/or counterparties), the partner undertakes to compensate for the damage caused by the service. This compensation is made by writing off funds from the partner's account. If the partner carries out the actions stipulated by the rules of the service, the penalty sanctions shall be written off from the partner's personal account in favor of the service, within the framework of the sanction. The list of violations and the intended liability of the partner is placed in the application of Taxi Baku Driver. If the funds are not sufficient, the penalties charged during the reporting period are considered as the partner's receivable and shall be paid in the first place as soon as the partner replenishes his personal account.
4.4.4. In the event of changes in the accounting information provided in advance to the service, as well as in cases that make the execution of orders impossible, immediately inform the service about it.
5. Order price determination procedure
5.1. The price of the order is determined by the partner.
5.2. The partner sends information about the tariffs applied to the service. Taking into account the information provided by the partner, the service calculates the price of the order, taking into account the parameters of each specific order.
5.3. When making non-cash settlements between the customer and the partner, the service acts as an agent acting on behalf of the partner and on his account in the section of receiving the customer's funds and transferring them to the partner's personal account. The service assumes its obligations only to the partner's agent in the part of ensuring the acceptance of the customer's funds and does not assume any rights and obligations of the partner.
6. The amount of the service fee and the settlement procedure
6.1. The amount of the service fee for the provision of the opportunity to use the data collection is determined in the form of interest payments from the partner's income (earnings).
6.2. The amount of the fee is indicated in the information about the order taken by the partner in the application 189 TAXI (Taxi Baku Driver).
6.3. The amount of the fee is determined unilaterally by the service. The partner should be familiar with the amount of the service fee before placing the order and refuse to perform such an order if he / she is not satisfied with it. Acceptance of the partner to fulfill the order means agreement with the amount of the stated fee.
6.4. Payment of the fee is carried out on the basis of a prepayment system by entering funds into the personal account in the amount determined by the partner himself.
6.5. Payment for services is carried out in an amount equal to the amount of the fee, by means of writing off funds from the partner's personal account at the time the partner takes it to fulfill the order.
6.6. Personal account replenishment is carried out by making advance payments through bank cards, through self-service terminals, by transferring funds to the settlement account.
7. Responsibility of the parties
7.1. Responsibility of the service:
7.1.1. The service is responsible for fulfilling its obligations in accordance with the legislation of the Republic of Azerbaijan;
7.1.2. The service shall not be liable for full or partial suspension of services related to the replacement of equipment, software support or other regulations arising from the need to maintain and develop the ability to operate technical means of the service;
7.1.3. The service is not responsible for interruptions in access to the partner's data collection, which occurs when errors occur in the support of the program or equipment that are not owned by the service;
7.1.4. The service is not responsible for the direct losses arising from the use of the data set by the partner, as well as lost benefits;
7.1.5. The service shall not be liable for damages caused by the partner to third parties in connection with the use of the data set by the partner.
7.2. Partner's responsibility:
7.2.1. The parties are responsible for the fulfillment of their obligations in accordance with the legislation of the Republic of Azerbaijan;
7.2.2. The Partner shall be independently responsible to the person placing the order for proper execution of the order and for any damages;
7.2.3. The partner shall be liable for damages caused to third parties both in connection with the fulfillment of the order and for actions not related to the fulfillment of the order. Thus, the service can act as an intermediary between the partner and the customer in order to resolve disputes as soon as possible.
8. Special conditions and limitation of liability
8.1. By accepting the terms of this provision, the partner realizes that it is possible to use the information obtained within the framework of the implementation of this rule is used independently, in its own interests and under its own responsibility. The partner is informed that if he uses the information for entrepreneurial purposes, he shall be registered as an individual entrepreneur or carry out his activities as a legal entity, as well as ensure compliance with the requirements of the current legislation of the Republic of Azerbaijan in the field of passenger and baggage transportation, loading and unloading, cargo transportation, including but not limited: “Rules of passenger and baggage transportation by Road Transport” approved by the Cabinet of Ministers of the Republic of Azerbaijan dated September 17, 2009 dated 141 №-li, law of the Republic of Azerbaijan “on Road Transport”, Cabinet of Ministers of the Republic of Azerbaijan dated December 24, 2010 dated 244 №“on some issues related to the implementation of international passenger and cargo transportation by
8.2. The service does not assume any obligations of the partner to compensate third parties for damage, including in the form of lost benefits, resulting in infliction.
8.3. The service shall not be liable to the partner for the actions of third parties resulting in damage to the partner, including in the form of lost benefits.
9. Irresistible situations
9.1. It is considered the presence of the main irresistible force that exempts the party from liability. For this paragraph, force majeure is understood as circumstances provided for in Article 1131 of the Civil Code of the Republic of Azerbaijan.
9.2. The party under the influence of irresistible force should immediately inform the other party in writing about the appearance, type, possible continuity of the influence of irresistible force and what tasks it has been hindered from performing.
9.3. A party that falls under the influence of irresistible force and does not report it cannot refer to the influence of Irresistible Force as the basis for which it subsequently exempts from liability.
10. Intellectual property
10.1. The partner shall have the right to use the commercial sign of 189 TAXI (Taxi Baku Driver) service from the trademark 189 TAXI (Taxi Baku Driver) ® limited to the purposes of advertising booking methods.
10.2. The partner can independently perform actions directed to the promotion (advertising) of the phone number, other methods of ordering, as well as by placing ads on the transport of the partner. Thus, such Partner shall be responsible for the compliance of the advertisement (including its content and location) with the requirements and norms of applicable law.
11. 1. Personal information we process:
11.1 name, e-mail address, phone number, place of residence.
11.2 geolocation of drivers and routes of movement.
11.3 information about vehicles (including registration number).
11.4 driver compatibility and rating.
11.5 Driving License, Photo, professional and identity card documents.
11.6 information on criminal convictions and offences. Financial information on the provision of transport services is not considered personal data, since drivers provide services during economic and professional activities.
12 objectives of accumulation
12.1 we collect and process personal information to communicate with drivers to help passengers move more efficiently through cities.
12.2 geolocation and routes of movement are developed for analysis of geographical region and submission of proposals to drivers. If you do not want to disclose to your geolocation passengers, you must close the 189 TAXI (Taxi Baku Driver) app or indicate the 189 TAXI (Taxi Baku Driver) app where you are offline and currently do not provide transportation services.
12.3 driving license, profession, identity documents, as well as conviction and law violations are processed to determine compliance with the requirements of the legislation and its suitability for obtaining the driver's profession.
12.4 in order for passengers to be able to identify the driver and vehicle, the 189 taxi application shows the driver's photo, name and vehicle information.
12.5 personally identifiable information relating to instant messages directly in the 189 TAXI (Taxi Baku Driver) app is processed for safety purposes, as well as service and customer support (including dispute resolution between driver and driver) to improve and analyze our products and services.
13. Legal basis
13.1 personal information is processed to fulfill the contract concluded with the driver. A necessary condition for using 189 TAXI (Taxi Baku Driver) service is the processing of driver identification information and geolocation information.
13.2 personal data may be processed on the basis of legitimate interest in the study and detection of fraudulent payments.
13.3 criminal and criminal information is processed in accordance with legal obligations.
14 Security and access
14.1 only authorized 189 taxi employees and partners may have access to personal data and they may only access the data to resolve issues related to the use of the services (including disputes related to transport services).