User agreement

Update: 08/01/2018

Please, before accessing the services of the ScannerHeli mobile application and starting using the application services, carefully read this User Agreement (hereinafter referred to as the User Agreement)

1. General Provisions

1.1. This User Agreement defines the use by an individual or legal entity of applications, websites, products and services (hereinafter referred to as the Services), and / or access to them provided by the ScannerHeli service, Scanner Limited Liability Company (hereinafter referred to as ScannerHeli), established in the Russian Federation, located at: 123022, Russian Federation, Moscow, 18/20 Zvenigorodskoe highway, building 1, basement room I room 18, TIN 7703439108, KPP 770301001, OGRN 5177746328975.

1.2. Starting to use the services of the website www.scannerheli.com (hereinafter referred to as the Website) and the ScannerHeli mobile application (hereinafter referred to as the Mobile Application) in any form and volume, you:
1.2.1. confirm that you have fully read the contents of this User Agreement;
1.2.2. Express your full and unconditional consent to the terms and conditions set forth in this User Agreement, without any reservations or exceptions;
1.2.3. accept the obligation to fulfill the User Agreement, bear responsibility for failure to fulfill the requirements and conditions set forth therein;
1.2.4. You agree that the User Agreement is subject to change without any notice from ScannerHeli, and undertakes to independently monitor the relevant changes. The new edition of the User Agreement comes into force from the moment it is posted on the Website and in the Mobile Application;
1.2.5. acknowledge that the provisions of this User Agreement expressly replace previous agreements or arrangements with you.
1.2.6. acknowledge the right of ScannerHeli to immediately cancel this User Agreement or any Services, stop offering the Services in general or deprive you of access to the Services or to any part thereof, at any time and for any reason.
1.2.7. You agree that additional conditions may apply to certain Services, such as policies for special events, activities or events of an advertising nature; however, such additional rules will be disclosed to you in connection with the relevant Services. Additional conditions are an addition and are considered an integral part of the User Agreement. Additional conditions shall prevail over the User Agreement in the event that they conflict with the relevant Services.
1.2.8. acknowledge the legal force for documents sent by posting on the Website or through the Mobile Application as signed documents with your own hand, for actions committed through the Website or Mobile Application;
1.2.9. acknowledge that the collection and use of personal information by the Website or the Mobile Application in connection with the Services provided is in accordance with the ScannerHeli Privacy Policy, which is available at http://www.scannerheli.com/. ScannerHeli may provide the claim handler or insurer with any necessary information (including your contact information), if there is a complaint, dispute or conflict, which may include an accident involving you and a third party, and if such information or data is necessary to resolve the complaint dispute or conflict.
1.2.10. You agree that the software is constantly being improved, and therefore temporary technical malfunctions in operation are possible. The user accepts the software used to implement the ScannerHeli service on existing conditions, without making claims to the functioning of the mobile application;
1.2.11. in case of disagreement with the terms of the User Agreement, immediately stop using the services of the Website and the Mobile Application.

2. Services

2.1. Thing

2.1.1. The Services are a technology platform that allows users of ScannerHeli Mobile Applications or users of the ScannerHeli Website (each referred to as a “Service”) to organize and plan the provision of aviation or logistics services with the participation of independent third-party providers of such services in accordance with an agreement with ScannerHeli or with affiliates of ScannerHeli (hereinafter – the “Operators”).

2.1.2. If ScannerHeli has not entered into a separate written agreement with you, the Services are provided to you solely for personal, non-commercial use.

2.1.3. You acknowledge that ScannerHeli does not provide aviation or logistics services and does not function as a transport company, and that such services are provided by independent third-party contractors who are not employees of ScannerHeli or its affiliates.

2.2. License.

Subject to your compliance with this User Agreement, ScannerHeli grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license for:

2.2.1. access to the Service and use of the Service on your personal device solely in connection with your use of the Services;

2.2.2. the use of any content, information and related materials and access to them that may be provided through the provision of the Services, in each case solely for your personal, non-commercial purposes. Any rights not expressly granted in this document remain with ScannerHeli and its licensors.

2.3. Limitations

Getting access to the Service and starting to use it you are not entitled to:

2.3.1. remove any mention of copyright, trademark or other instructions of the copyright holder from any part of the Services;

2.3.2. reproduce, modify, prepare derivative works based on the Services, distribute, transfer rights to use the Services, lease, sell, resell, transmit, publicly demonstrate, publicly Perform, transmit, broadcast or otherwise use the Services, unless expressly authorized by ScannerHeli;

2.3.3. decompile, reverse engineer or dismantle the Services, except as permitted by applicable law;

2.3.4. become attached to any part of the Services, mirror any part of the Services, or create a frame of any part of the Services;

2.3.5. Call or run any programs or scripts for the purpose of cleaning, indexing, reviewing or using another way of collecting data from any part of the Services, or illegal obstruction or obstruction of the Performance and / or functionality of any aspect of the Services; or

2.3.6. attempt to gain unauthorized access to the Services or to violate any aspect of the Services or related systems or networks.

2.4. Content offered by app stores

Services may be available or obtained in connection with services and content of application stores (including advertising) that provide you with access to download the ScannerHeli Mobile Application and are not controlled by ScannerHeli. You acknowledge that the various terms of use of the services and the privacy policy may apply to your use of such services and the content of the app stores. ScannerHeli is not responsible for any products or services of such stores. In addition, Apple Inc., Google, Inc. and / or their respective international subsidiaries and affiliates will be third-party beneficiaries to this agreement if you access the Services using the Services developed for Apple iOS and Android, respectively. These third-party beneficiaries are not parties to this agreement and are in no way responsible for the provision or support of the Services. Your access to the Services using these devices must be in accordance with the conditions set forth in the relevant rules for the use of third-party beneficiary services.

2.5. Type of ownership.

The services and all rights set forth herein are and remain the property of ScannerHeli or its licensors. Neither this User Agreement, nor your use of the Services transfer or grant you the rights:

2.5.1. For Services or related rights, with the exception of the limited license provided above; or

2.5.2. The use of the company name, logos, product or service names, trademarks or service marks of ScannerHeli or ScannerHeli licensors, or a link to them.

3. Your use of the Services

3.1. User accounts.

In order to use most aspects of the Services, you:

3.1.1. must register and have an active personal user Service Account (“Account”).

3.1.2. must be of legal age in your jurisdiction to register an Account.

3.1.3. upon registration, Accounts must provide ScannerHeli with certain personal information, such as your name, passport details, address, mobile phone number and age.

3.1.4. agree to ensure the accuracy, completeness and relevance of the information in your Account. If you are unable to ensure the accuracy, completeness and relevance of the information in your Account, including the availability of a valid payment method, this may lead to the fact that you will not be able to access the Services and use the Services, or ScannerHeli terminates this Agreement with you.

3.1.5. You are responsible for all activities that occur in your Account, and agree under no circumstances to divulge your username and password.

3.1.6. You may own only one Account, unless otherwise authorized by ScannerHeli in writing.

3.2. Requirements for the user and his behavior.

3.2.1. Services are not provided to persons under the age of 18.

3.2.2. You are not entitled to allow third parties to use your Account, as well as to allow persons under the age of 18 to receive aviation or logistics services from Operators if you do not accompany such persons.

3.2.3. You may not transfer the rights to the Account or otherwise transfer your Account to any other natural or legal person.

3.2.4. Using the Services, you agree to comply with applicable law, and you can only use the Services for legitimate purposes (for example, you are not allowed to transport prohibited or dangerous materials).

3.2.5. When using the Services, you undertake not to cause inconvenience, anxiety, difficulties or material damage to either the Operator or any other party.

3.2.6. In certain cases, you may be asked to provide an identity card so that you can access the Services or use the Services; however, you agree that you may be denied access to the Services or you may not be able to use the Services if you refuse to provide an identification card.

3.3. User Responsibility

3.3.1. You agree to act in accordance with the rules of ScannerHeli and the Operator. In order to receive the Services you have selected and paid for using the ScannerHeli Service, you must arrive at the indicated point at the agreed and confirmed time; present documents and information requested by the Operator for the implementation of aviation services; comply with the rules of conduct and safety on board, which can be posted on the ScannerHeli Service and / or announced by the Operator immediately before the provision of the Service.

3.3.2. You assume full responsibility for the conduct and compliance with safety rules on board.

3.4. Notifications

3.4.1. By creating an Account, you agree to receive notifications in the form of text messages (SMS) and / or push notifications, which are part of normal business activity when you use the Services.

3.4.2. You can opt-out of receiving alerts from ScannerHeli at any time by disabling this feature in the Service or by sending an email to info@scannerheli.com, indicating that you no longer want to receive such messages, as well as the phone number of the mobile device to which Messages come. You acknowledge that failure to receive notifications may affect your use of the Services.

3.5. Promo codes.

3.5.1. ScannerHeli, in its sole discretion, may create promotional codes that can be used to enter the Account balance, provide other functions or provide any Benefits associated with the Services and / or Services of the Operators under any additional conditions that ScannerHeli sets in relation to the promo codes (“Promo Codes”).

3.5.2. You agree that Promo codes:

(i) should be used for the intended audience and for appropriate purposes in a legal manner;

(ii) may not be duplicated, sold or transmitted in any way, or may not be accessible to the general public (whether posting them on a public platform or otherwise), unless expressly authorized by ScannerHeli;

(iii) may be invalidated by ScannerHeli at any time for any reason without obligation to ScannerHeli;

(iv) can only be used in accordance with certain conditions that ScannerHeli sets for such a promotional code;

(v) cannot be exchanged for cash;

(vi) their validity may expire before they are used.

3.5.3. ScannerHeli reserves the right to refuse or Subtract loans or other functions or Benefits received using Promo Codes by you or any other user if Scanner Heli determines or believes that the use or redemption of Promo Codes has occurred by mistake, was dishonest, illegal or occurred in violation of the terms of use of the Promo codes or these Terms.

3.6. Content provided by the user.

3.6.1. ScannerHeli may at its sole discretion allow you to occasionally provide, download, publish or otherwise offer ScannerHeli using its Services content in the form of text, audio, and / or video materials and information, including comments and feedback related to the Services, requests for technical support and participation in contests and promotions (“User Content”).

3.6.2. Any User Content you provide remains your property. However, by providing User Content to ScannerHeli, you will issue ScannerHeli an international, perpetual, non-refundable, transferable license, no royalty, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly use, or any other the way to use such User Content in all formats and distribution channels that are currently known or developed later (as in connection with the Services and business of Sca nnerHeli, and in connection with the sites and services of third parties), without further notice to you or obtaining your consent, and without requiring payment to your address or to the address of any other person or legal entity.

3.6.3. You hereby represent and warrant that:

(i) you are the sole and exclusive owner of all User Content or you have all rights, licenses, approvals and permissions to grant ScannerHeli a license for User Content, as described above;

(ii) neither User Content, nor the provision by you, downloading, publishing or any other way to make such User Content available, nor the use of such User Content by ScannerHeli, as permitted by this document, infringe the intellectual property rights or copyrights of third parties or the right to publicity or privacy, and will not violate applicable law or legal regulations.

3.6.4. You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or offensive, as ScannerHeli determines its sole discretion, whether or not the provision of such materials is protected by law.

3.6.5. ScannerHeli may, but is not obligated to review, control or delete User Content at its sole discretion, at any time and for any reason, without sending you a notice.

3.7. Network and device access.

3.7.1. You are responsible for gaining access to the data network necessary to use the Services.

3.7.2. When you gain access to or use the Services via a wireless device, the rates of your mobile network for SMS and data transfer may apply, and you are responsible for paying such tariffs.

3.7.3. You are responsible for acquiring and updating compatible hardware or devices necessary to gain access to the Services and the Services and to use them, as well as to receive any updates to them.

3.7.4. ScannerHeli does not guarantee the operation of the Services or any part thereof on any particular equipment or devices. In addition, the Services may be affected by failures and delays caused by the operation of the Internet and electronic communications.

4. Payment

4.1. You understand that the use of the Services may result in fees for the payment of services provided by the Operator (“Fees”).

4.2. Payment for the Services is carried out using the services available on the website or in the ScannerHeli Mobile Application, by wire transfer of funds from a bank card or customer account to the ScannerHeli account. ScannerHeli acts on behalf of the Operator and as a collection agent. Payment of Fees in this way is considered payment made directly by you to the Operator.

4.3. All purchases made using bank cards (for example, credit cards, debit cards) are made with the involvement of a third party represented by the bank. ScannerHeli is not responsible for any errors or other incidents caused or related to the use of these bank cards.

4.4. If required by law, Fees will include applicable taxes.

4.5. All Fees are payable immediately upon placing an order on the Website or through the Mobile Application.

4.5.1. The exception is orders with a difficult route and indicating “On request”, the exact cost of which cannot be accurately calculated through the service. In this case, the service provides the estimated cost of the Order. The details of such orders are specified by the Agent and the Operator as soon as possible and agreed with you. The final cost of the order and the technical capabilities of the Service are communicated to you by phone, email and push notifications.

4.6. If your primary method of payment specified in the Account appears to be expired, invalid or not to be used for any other reasons, you agree that ScannerHeli, as a payment agent with limited collection authority for the Operator, may use the secondary method of payment specified in your Account, if any.

4.7. In the relationship between you and ScannerHeli, ScannerHeli reserves the right to establish, remove and / or revise the Fees at its sole discretion, but only until you pay for a specific order. In addition, you acknowledge and agree that the Fees applicable in certain geographical areas may increase substantially during periods of high demand.

4.8. ScannerHeli will make reasonable efforts to assist you in paying for the order by agreeing on alternative payment methods (cash, payment from the current account of a legal entity, complex payment), informing you about current or expected promotional offers and discounts, as well as possible changes Order value.

4.9. ScannerHeli may from time to time provide certain users promotional offers and discounts that may entail a change in the amounts charged for the same or similar services or goods received using the Services; however, you agree that such promotional offers and discounts are provided on the terms of ScannerHeli.

4.10. You agree that you can cancel the Order at any time, in which case, money will be returned to you, while ScannerHeli has the right to withhold the penalty in accordance with the following penalties:

(i) 0% of the value of the Order upon notification of cancellation 96 hours or more before the start of the provision of services;

(ii) 10% of the value of the Order upon notification of cancellation 72 hours or more before the start of the provision of services;

(iii) 30% of the cost of the Order upon notification of cancellation 48 hours or more before the start of the provision of services;

(iv) 50% of the cost of the Order upon notification of cancellation 24 hours or more before the start of the provision of services;

(v) 100% of the cost of the Order upon notification of cancellation less than 24 hours before the start of the provision of services.

5. Responsibility

5.1. Legal disclaimers

5.1.1. ScannerHeli disclaims representations and warranties, express, implied or statutory, not expressly provided for in these terms, including implied warranties of service quality, fitness for a particular purpose and non-infringement of intellectual property rights.

5.1.2. ScannerHeli does not make representations, warranties or warranties regarding the timeliness, quality, suitability or availability of the services provided by the Operator, or that the services will be provided continuously or without fail.

5.1.3. You agree to bear all the risks associated with your use of the Services exclusively and to the maximum extent to which it is provided by applicable law.

5.2. Limitation of liability

5.2.1. ScannerHeli is not liable for consequential, incidental, unforeseen, actual, punitive or consequential damages, including lost profits, lost data, personal injury or material damage arising from the services or otherwise resulting from the use of the services.

5.2.2. ScannerHeli is not liable for any loss, liability or damage resulting from:

(i) your use of the services or your actions in relation to the services, or your inability to access or use the services; or

(ii) any transaction or relationship between you and any Operator.

5.2.3. ScannerHeli is not responsible for delays in the provision of services or for failure to provide services for reasons that are beyond the reasonable control of ScannerHeli.

5.2.4. You acknowledge that the provision of Services to you may be excluded in the following cases:

(i) changes in the airspace structure: introduction of temporary and local regimes, as well as short-term restrictions on the use of airspace, including in connection with weather conditions that preclude the execution of the Order in the territory included in the route ordered by the User;
(ii) actions of official bodies of the Russian Federation and foreign states, including embassies and consulates, which may impede the performance of the Service under an agreed Order;
(iii) the Operator’s lack of a flight plan and permission to fly, if necessary;
(iv) Identification of a technical malfunction if, for the provision of the Service, a third-party provider cannot provide an aircraft of a similar model and under the conditions specified in the order;
(v) restricting or prohibiting activities in relation to a particular Operator.
5.2.5. In the event of circumstances specified in the list in clause 5.2.4. of this User Agreement, the Operator and ScannerHeli shall make every reasonable effort to identify and notify you in advance of such circumstances. At the same time, you acknowledge and agree that the funds transferred to ScannerHeli’s account to pay for the order are returned according to the conditions for canceling the aviation service:
(i) the occurrence of the circumstances provided for in paragraphs. (i), (ii) clause 5.2.4. of this Agreement or other circumstances beyond the control of ScannerHeli and the Operator, excludes liability of ScannerHeli and the Operator for non-fulfillment or improper performance of obligations under the contract;
(ii) the occurrence of circumstances (iii), (iv), (v) clause 5.2.4. excludes liability of ScannerHeli for non-fulfillment or improper fulfillment of obligations under the contract, but at the same time does not exclude liability of the Operator in the form of penalties if the parties do not come to an agreement in accordance with paragraphs. (iii) paragraph 5.2.5 .;
(iii) in the event of any of the circumstances provided for in clause 5.2.4. You have the right to agree with ScannerHeli and the Operator to transfer the date and time of the Order on similar conditions;
(iv) in the event of circumstances specified in clause 5.2.4. You are entitled to a full or partial refund of funds transferred to ScannerHeli’s account to pay for the order. The amount of compensation will be calculated on the basis of a reasonable estimate of the cost of the Operator’s actually rendered services, as well as possible associated costs.

5.2.6. You acknowledge that ScannerHeli is not responsible for the threat or damage to the life and / or health of users of the Services by the Operator.

5.2.7. Under no circumstances will ScannerHeli’s full liability to you in connection with the services provided will not exceed 30,000 (three hundred thousand) rubles for all losses, damage and grounds for action.

5.2.8. ScannerHeli services may be used by you to request the Operator and plan aviation and logistics services, however you agree that ScannerHeli has no obligations and responsibilities to you regarding transportation, provision of aviation and logistics services to you by Operators, except as expressly provided for by these conditions.

5.2.9. Limitations and disclaimer in this section of the User Agreement do not imply limitations on liability or changes in your rights as a consumer, which cannot be excluded in accordance with applicable law.

5.3. Indemnity Guarantee.

You agree to indemnify and release ScannerHeli and its officers, directors, employees and agents from any claims, claims, losses, liabilities and expenses (including legal costs) arising from or arising from:

5.3.1. your use of the Services;

5.3.2. Your violation of any provisions of these Terms;

5.3.3. ScannerHeli’s use of your User Content;

5.3.4. Your violation of the rights of any third party, including the rights of Operators.

6. Force Majeure

6.1. The parties are exempted from liability for partial or full failure to fulfill obligations under the User Agreement, if this failure was the result of force majeure. Force majeure circumstances (force majeure) hereby mean such circumstances (fire, flood, earthquake, presence or absence of legislative norms, wars, terrorist acts, etc.) that arose after the conclusion of this agreement as a result of unforeseen and inevitable parties to events emergency, directly affecting its implementation. Qualification of circumstances as insurmountable is carried out by agreement of the parties or through arbitration intervention. In the event of force majeure circumstances, the terms established by this Agreement are proportionally postponed for the duration of these circumstances and their consequences.

6.2. A party for which it has become impossible to fulfill obligations due to force majeure is obliged to immediately notify the other party of the beginning and end of these circumstances that impede the implementation of the Agreement. Untimely notification of the occurrence or termination of force majeure circumstances deprives the party of the right to refer to them in the future.

7. Applicable law.

7.1. Unless otherwise provided by this User Agreement, the provisions of the User Agreement shall be governed by and construed exclusively in accordance with the legislation of the Russian Federation.

7.2. Any disputes, conflicts and contradictions arising as a result of or in general in connection with the Services provided or in connection with this User Agreement, including, but not limited to, its validity, interpretation or claim, (“Disputes”), the parties resolve, by opportunities through negotiation.

7.3. If the dispute has not been resolved peacefully within 60 (sixty) days after the submission of the claim, the parties have the right to apply for resolution of the dispute to the court in accordance with the rules of jurisdiction and jurisdiction in force in the Russian Federation.

7.4. The existence and content of pre-trial settlement and court proceedings, including documents submitted by the parties, as well as any correspondence, orders and decisions, are strictly confidential and cannot be disclosed to third parties without the express written consent of the other party, unless:

7.4.1. disclosure to third parties is reasonably necessary in the context of a pre-trial settlement or litigation;

7.4.2. the third party unconditionally agrees in writing to be bound by the confidentiality obligations specified in this Agreement.

8. Other Provisions

8.1. Claims for copyright infringement.

Claims for copyright infringement must be sent to an agent appointed by ScannerHeli. Please visit the ScannerHeli website at http://www.scannerheli.com/ to find out its address and more information.

8.2. Notifications.

ScannerHeli may send notifications by way of a general notice of the Services, by e-mail specified by you in your Account, or by mail to the address specified by you in your Account. You can send ScannerHeli notifications to the following address: info@scannerheli.com.

9. Final Provisions

9.1. You may not assign or transfer the terms of the User Agreement in whole or in part without the prior written approval of ScannerHeli. You give your consent to ScannerHeli that it may assign or transfer the terms of the User Agreement in whole or in part, including:

(i) a subsidiary or affiliate;

(ii) the buyer of ScannerHeli’s shares, business or assets;

(iii) the successor to the merger.

The relationship between you, ScannerHeli and the Operators does not create any joint venture, partnership, agency or employment relationship, despite the existence of a contract between you and ScannerHeli, or as a result of your use of the Services.

9.2. If, by virtue of a law, any provision of the User Agreement is deemed unlawful, invalid or unenforceable in whole or in part, such a provision or part thereof will not be deemed to be included in the User Agreement to the appropriate extent, but the legality, validity and possibility of enforcing the rest of it The user agreement will not be violated. In this case, the parties will replace an illegal, invalid or unenforceable provision (part thereof) with a provision (part thereof) that is legal, valid and enforceable and has the most similar effect with respect to an illegal, invalid or unenforceable provision (part thereof) ), taking into account the content and purpose of the User Agreement. The terms of the User Agreement represent the entirety of the agreement and the agreement of the parties regarding its subject. They supersede all previous or existing agreements or obligations regarding such an item. In this User Agreement, the words “including” and “includes” mean “including, without limitation.”