Customer agreement

Tallinn January 01, 2023

This Customer agreement regulates the relationship between the Agent and the User, defines basic rights, obligations and responsibilities.

The offer is submitted by Kixi Pluss OÜ, registry code 14227960 (hereinafter the Agent). The offer is made to every person with active legal capacity (hereinafter the User) who is interested in using the service provided by the Agent.

Before confirming the registration posted at www.kixi.ee, the User familiarises himself/herself with this Agreement.

According to the provisions of sections 16 and 20 of the Law of Obligations Act of the Republic of Estonia, the Agreement is deemed to have been concluded in the correct format when the User has completed the registration, i.e. by accepting the terms and conditions of the Agreement.

Definitions:

Website – a set of data contained in the Internet at www.kixi.ee, the purpose of which is to obtain information about the various works and services provided by Executors and to submit Orders for the conclusion of Agreements with Executors and to accept Orders from Users. The contents and structure of the Website are protected by the Agent’s copyright.

User – Visitor of the Website who has completed the registration procedure on the Website, who has access to the resources of www.kixi.ee and who is interested in the Executors’ services. When submitting an order, also any legal or natural person with active legal capacity, who confirms when making the order that he/she has all the power to order from the Agent the service for accompanying a minor child.

The Agency Agreement (hereinafter the Agreement) is an agreement for the provision of services for accompanying a minor child (hereinafter the Accompanied Person) for a fee, which is concluded between the User and the Agent under the terms and conditions specified in the Order, by sending an offer by the User (submission of the Order by the User in the manner prescribed in this Agreement) and accepting this offer By the Executor (Accompanying Person).

Price offer – the cost of providing services, information about which is available when submitting the Order.

Order – a proposal to enter into an Agreement, which is made by filling out the order form on the website at www.kixi.ee. The Order becomes available to Executors (is published in the Website system) from the moment when the User has completed the procedure of submitting the electronic order form on the website www.kixi.ee, upon payment of 100% of the Order amount.

Agent – Kixi Pluss OÜ, registry code 14227960. Bank details: account number EE282200221079236325 SWEDBANK, SWIFT/BIC HABAEE2X, telephone +37255578504, e-mail: info@kixi.ee

The Executor is a natural person with active legal capacity who provides the services for accompanying and supervising a minor child, whose services are offered by the Agent and ordered by the User.

Accompanied Person – any natural person of at least 5 years of age, with respect to whom the User has the right to enter into an Agreement.

Personal User Account is a personalised section of the Website, which is not publicly accessible and which can be accessed by entering a username and a password. The personal account reflects the details of the Personal User Account, information about placed Orders, executed Orders, claims submitted by Users to Executors and the results of their review, Executors’ obligations to eliminate deficiencies in the services provided, bonuses and special offers that the User is entitled to use, campaigns in which the User has taken, is taking or has the right to take part.

  1. GENERAL PROVISIONS

2.1. Substantive and procedural law of Estonia shall be applied to the regulation of relations between the parties, including relations in the resolution of disputes, regardless of the citizenship and the country of location of either party.

2.2. In cases where the Website is used by persons with limited active legal capacity, it is assumed that these persons have received the consent of their guardians to conclude this Agreement, and in cases where the Service is used by persons under the age of 18, it is assumed that these persons have received the consent of their parents, adoptive parents or guardians. At the same time, the minors mentioned in the first sentence of this clause shall not be Users when using the Website and they do not have the right to act in relations between the Parties (including: making payments and creating an Order, receiving payment, etc.). Damage (including loss) caused to the Agent and/or third parties by the persons mentioned in this clause shall be compensated in full by the parents, adoptive parents or guardians of these persons.

2.3. All relations between the Agent and Users shall be governed by this Agreement. If certain issues are not regulated by this Agreement, the relations between the Agent and the Users (hereinafter the Parties) shall be regulated by the legal norms in force in Estonia.

2.4. The rights and obligations of the Parties are subject to the provisions of the version of the Agreement in force at the time of their creation, unless otherwise determined by the provisions of this Agreement, normative legal acts and the nature of the legal relations between the Parties.

  1. AGENT

3.1. Agent – Kixi Pluss OÜ, www.kixi.ee, registry code 14227960.

3.2. The Agent possesses all the exclusive rights to the Website and exercises these rights at its own discretion, at its own discretion changes and supplements the programs and information that make up the Website, allows access to the Website or restricts such access, exercises other rights belonging to it with respect to the Website. The Agent has the right at any time to refuse to one, several or all Users to access and/or use the Website and/or the information posted on it and/or the services offered there without explaining the reasons and without compensating for damages.

3.3. The Agent administers the Website with the aim of posting information on the Website about its activities, information that is necessary for Users and Executors, as well as other information that may be useful to Users.

  1. USERS

4.1. User is any person who enters the Website via the Internet and is interested in the Executors’ services. By entering the Website, the User confirms that he/she is of the full legal age and has active legal capacity.

4.2. By entering the Website, the User undertakes to comply with this Agreement, as well as the rules established by the Agent in other documents that are freely available to Users on the Website. If the User does not agree with one or more requirements or rules, the User has the right at any time to stop using the Website and/or viewing the information posted on it.

4.3. The User’s access to certain sections of the Website is possible only after the User has registered on the Website. The User is obliged to select his/her username and password for registration, which he/she will subsequently use to access such sections of the Website. After confirming the registration and activating the username and password, the User acquires the status of a registered User.

4.4. By entering the name, surname, passport or other personal data (his/her own or of third parties) when using the Website, the User expresses consent (his/her consent or confirms the receipt of such consent from third parties – subjects of personal data) to their processing by the Agent or its authorised persons for the purpose of performing this Agreement in order to enable the User to use the Website and/or the information posted on it and/or the services ordinarily offered on the Website.

4.5. Users are granted free access to the information materials posted on the Website. Users are obliged to refrain from actions that may damage the contents, software and hardware of the Website, limit access of third parties to the Website, from attempts to change the contents and software composition of the Website in one way or another.

  1. ACCEPTANCE OF THE OFFER

5.1. By visiting, registering, logging in or otherwise using the Website, including using any service and (or) function available to authorised Users of the Website, the User unconditionally accepts the terms and conditions of the current version of this Agreement (accepts the Agreement).

5.2. Acceptance of the terms and conditions of this Agreement means the User’s unconditional acceptance of the terms and conditions of the integral parts of the Agreement.

5.3. By agreeing to the terms and conditions of this Agreement, the User guarantees that:

  • he/she has reached the age of eighteen and has active legal capacity (except for the cases specified in clause 2.2 of the Agreement);
  • when registering on the Website, he/she has provided truthful information, including personal data, when registering on the Website and making payments;
  • he/she accepts this Agreement voluntarily, whereas:
  1. a) he/she has fully familiarised himself/herself with the terms and conditions of the Agreement,
  2. b) he/she fully understands the meaning and consequences of his/her actions regarding the conclusion and performance of the Agreement;
  • he/she has all the rights and power necessary in order to conclude and execute the Agreement;
  • the Website shall be used without violating the rights of other users and (or) third parties;
  • he/she has the right to use the materials that he/she posts on the Website.
  1. PROCEDURE FOR THE PROVISION OF SERVICES AND USE OF THE WEBSITE

6.1. The Agent provides information services to the Users, creating an opportunity to make offers for orders, to receive information about the possibilities to execute orders and the cost of execution, as well as offering the opportunity to make transactions via the Website and ensuring the security of transactions.

6.2. Payments for Orders shall be made in euros and include applicable tax rates.

6.3. The services shall be deemed to have been properly provided and fully accepted by the User if the Agent has not received justified written claims from the User within seven calendar days after completion of the order.

6.4. The Agent has the right at any time to change the conditions for the formation of the cost of services (commission fee), the method and form of charging for the services provided, the list of paid functions of the Website, as well as to establish additional fees.

6.5. Users undertake not to make any other settlements other than those that take place based on the terms of the order in the manner prescribed in this Agreement.

6.6. The Agent shall make every effort in order to provide Users with twenty-four-hour access to the Website, but does not guarantee its twenty-four-hour availability and shall not be responsible in cases where the User does not have access to the Website or its certain functions for any reason that depends on it or not.

6.7. The Agent shall not be responsible for damages that the User may incur due to the impossibility of accessing the Website or its certain functions.

6.8. In case the User has paid for the order in the amount of 100% and the Agent is unable to fully perform its obligations, the money will be returned to the User’s bank account without deductions.

6.9. If the ride is cancelled by the User less than 8 hours in advance, the fee shall not be refunded.

6.10. The User may view the profiles of the accompanying persons only after 100% payment for the order.

6.11. The User undertakes to compensate the Agent for all additional costs that may arise when executing the order (driving on a toll road, paid parking, paying for public transport, etc.) within 3 working days.

  1. USER REGISTRATION AND AUTHORISATION

7.1. A person who wants to become a User of the Website must go through the registration procedure on the Website by filling out the corresponding registration form (located at www.kixi.ee) and confirming the entered mobile phone number.

7.2. When registering on the Website, the User is obliged to provide the truthful and up-to-date information necessary for creation of a user account.

7.3. The User shall be responsible for the truthfulness, relevance, completeness and compliance with the Estonian legislation of the information provided upon registration.

7.4. The User shall be solely responsible for keeping the Password in secret from third parties.

7.5. The Agent shall not be responsible for the violation of the User’s rights by third parties who have gained unauthorised access to his/her account.

7.6. Users are obliged to immediately notify the Agent if there is reason to believe that the User’s account has been misused by a third party.

7.7. After the successful registration of the User on the Website, the Agent assumes the rights and obligations stipulated in this Agreement.

7.8. The User shall be responsible for all actions that take place on his/her account.

7.9. The User is entitled to have only one account. If access to an existing account is lost, the User has the right to request the restoration of access through the Website.

7.10. The User’s username is an e-mail address. The User himself/herself chooses a password for access and can change it at his/her own discretion in his/her personal account.

7.11. The Agent has the right to delete inactive accounts at its discretion if 1 year has passed since they were used.

7.12. The User has the right to submit orders on the Website and (or) additional information related to orders.

7.13. As a part of the order to be submitted, the User must enter information about the starting and final address of the route, the date or frequency of service provision, the time of the beginning of accompanying and (or) the time of arrival at the final address, additional requirements for services, etc.

7.14. Information about the Order must contain a precise and complete description of the User’s wishes, special requirements for conditions of accompanying (choice of transport), peculiarities of the child, if there are any.

7.15. It is forbidden to include the following information in the orders and offers of rides:

– the purpose of which is to attract users to third-party resources, websites or to register users on such resources, on websites with a subject-matter which is similar to the Website owned by the Agent;

– which has the character of an advertisement;

– which is contrary to law and morality;

– which violates legal norms, rights of third parties or ethical norms.

7.16. The Executor and the User do not have the right to communicate their contact details to each other in any way until the Agreement has been concluded.

  1. PROCEDURE FOR ACCEPTANCE OF TERMS AND CONDITIONS OF ORDER AND PAYMENT

8.1. The Agent shall give the User the opportunity to familiarise himself/herself with all the offers received from Executors with respect to a specific order.

8.2. After paying for the order, selecting the Executor and confirming the correctness of the provided information, the terms of the order shall be deemed to have been approved, the Agent shall provide the User with the contact details of the Executor necessary for execution of the Order.

8.3. From the moment of approval of the terms of the order, the Executor and the User shall have mutual rights and obligations towards each other.

8.4. The Executor and the User undertake to execute the terms of the transaction properly and in good faith.

8.5. The User undertakes to pay for the services at least 72 hours before the beginning of rendering the service.

8.6. The User shall pay for the Executor’s services directly to the Agent within the billing system provided on the Website and selected by the parties to the transaction.

8.7. The cost of the Executor’s service shall be determined by the terms of the specific Order.

8.8. In the event of a dispute between the Parties, the amount owed to the Executor under a specific Order may be withheld until the dispute has been resolved.

8.9. Upon cancellation of the Agreement at the User’s initiative at least 8 hours prior to execution of the order, the Agent undertakes to return the amount received to the Agent’s bank account within 5 working days, less the service fee, which is 30% of the cost of unused rides, as well as bank service fees.

8.10. The Agent shall be responsible for performing all obligations and guarantees the quality of service only within the framework of the paid order.

  1. AMENDMENT AND CANCELLATION OF AGREEMENT

9.1. The info platform has the right to unilaterally change this Agreement and integral parts thereof. Changes shall take effect from the moment they are published on the Website, unless otherwise agreed.

9.2. According to the terms and conditions of this Agreement, the User undertakes to familiarise himself/herself with the current version of the Agreement before each use of the Website and its sections.

9.3. If the User has decided not to accept the amended Agreement, he/she is obliged to refuse to use the Website. Using the Website after making changes means the User’s unconditional acceptance of the terms and conditions of the updated version of the Agreement.

9.4. Changes to the Agreement shall apply to Orders placed after the date of making the changes.

9.5. The User may cancel this Agreement at any time. A written notification to the e-mail address of the Website administration shall be sufficient in order to cancel the Agreement.

  1. LIABILITY OF THE PARTIES FOR BREACH OF TERMS OF THE AGREEMENT

10.1. The Parties shall be liable in accordance with the legislation of the Republic of Estonia and the terms and conditions of this Agreement.

10.2. The Parties shall be released from liability under this Agreement in part or in full upon the occurrence of force majeure circumstances, which are such according to the document submitted by the Estonian Chamber of Commerce and Industry. The Party relying on circumstances of force majeure must immediately notify the other Party about occurrence of such circumstances from their beginning, indicating the nature of the circumstances, the expected duration of their effects and the extent to which they have prevented this Party from performing the obligations under this Agreement.

10.3. In case of causing damage to the Website, the User shall unconditionally compensate the Agent for caused damages (including legal aid and judicial expenses, fines, penalties) with respect to claims and lawsuits of users and (or) third parties, the submission of which was based on the User’s actions or failure to act.

10.4. In case if the contents, form and (or) fact of the posting of the User’s information posted on the Website was the basis for the issuance against the Agent by state bodies of orders to pay fines , the User undertakes to provide the Agent immediately with all the requested information regarding the posting of information on the Website and its contents, as well as to compensate for all damages (including costs of paying the fines) that have been caused to the Agent as a consequence of submitting such orders.

10.5. The Parties have agreed that the Agent shall not be responsible:

– for unauthorised use by third parties of the registration details and other data used in the User’s account;

– for damages of the User and (or) third parties, regardless of whether the Agent could have foreseen the possibility of occurrence of such damages or not;

– for use (impossibility to use) and any consequences of use (impossibility to use) by the User of the payment method selected by him/her, as well as for use (impossibility to use) by the User and (or) third parties of any means and (or) methods of transmitting and receiving information;

– for the User’s activities (including with respect to other users and (or) third parties) that violate the terms and conditions of this Agreement and the norms of the Estonian legislation;

– before turning to court with a lawsuit, it is mandatory to submit a claim regarding disputes arising from the legal relations between the User and the Agent.

  1. PROCEDURE FOR SETTLEMENT OF DISPUTES

11.1. The Agent shall not participate in disputes between the User and the Executor.

11.2. Disputes between the Parties shall be resolved in accordance with the current legislation of the Republic of Estonia in Harju County Court.

  1. FINAL PROVISIONS

12.1. The Agent reserves the right to delete from its servers any information or materials that the Agent deems unacceptable, undesirable or in violation of this Agreement.

12.2. Within the framework of the relations arising between the Parties, correspondence may be forwarded:

– by e-mail (to the User’s e-mail address specified upon registration);

– by mail with delivery notification or by courier service with delivery confirmation (to the User’s address indicated on the account).

12.3. The Agent has the right to send SMS-messages and Push-notifications to Users to the phone numbers specified by the latter upon registration.

12.4. In addition to the methods specified in clauses 12.2 and 12.3, complaints, statements and other appeals of the Users may be submitted by telephone. Contact details are provided in Chapter 13 of this Agreement.

  1. AGENT’S NAME, LEGAL ADDRESS AND DETAILS

Kixi Pluss OÜ

Registry code 14227960

EE282200221079236325

SWEDBANK, SWIFT/BIC HABAEE2X

Linnamäe tee 30, 13911 Tallinn

info@kixi.ee

Telephone +37255578504