Article 1- Definitions and expressions
1-1. Company: ADVILI Delivery Company, with brand name ADVILI, offers online transportation services.
1-2-: Item. Truck delivery. Personal car. Pickup Truck Delivery. Tow (Cars delivery)
Fast delivery: Software services provided by the company in order to offer orderer user services by the driver user in the Advili software.
1-3- Application: The software belonging to the Company, whose temporary usage right is granted to users according to contractual conditions and the present document in order to use Advili services.
1-4- Operator: A real or judicial person responsible for the relationship between user (driver and the orderer) in order to provide services as accurate as possible, and is in some way a representative of the company.
1-5- User: He is a real or judicial person, including driver and orderer, who is connected to the application via internet and enjoys its services.
1-6- Users: In this document, driver user and orderer user are generally called Users.
1-7- Driver User: He is a real person who, with reliable vehicle and proper driving, receives parcels from orderer user in the origin and delivers it to the receiver in the destination or, upon the request of orderer, travels from origin to the destination point according to order conditions or the trip registered in the application.
1-8- Orderer User: A real or judicial person who uses transports parcels or travels from origin to destination using ADVILI application so as to enjoy ADVILI services.
1-9- Parcel Receiver: A real or judicial person who receives the parcel of orderer user in the destination.
1-10- Passenger: The orderer who uses Advili and personal car item to travel by his personal car from origin to destination.
1-11- Reliable Vehicle: A vehicle equipped with driving forces and all equipment necessary for transporting cargos and parcels and cars designed for moving in public passages.
1-12- Safety Cap: The cap used by drivers to protect their head against possible hits in accidents.
1-13- User Account: An account created by individuals to use ADVILI Delivery in Advili application.
1-14- Credit: An amount owned by orderer users in their user account to use ADVILI services. The amount is considered and calculated as paid via banking system and cards connected to the national network (SHETAB) according to the present conditions and regulations.
1-15- Confidential Information: The information provided to ADVILI by users including the information entered directly by users as well as the information provided to the company automatically as a result of using Advili services, such as travel information including time of travel, origin and destination, travelled distance, geographical location of driver user, etc.
1-16- Rules and Regulations of Democratic Republic of Georgia: The Constitution, common laws, executive bylaws, circulars, instructions and all the legal requirements governing subject matter of contract including third party compulsory insurance act, traffic bylaw.
Article 2- User Account
2-1- By registration in the application and with each use of ADVILI services, users accept that they have studied current rules and regulations of the company and have accepted it by full awareness of its conditions and meanings. These rules and regulations may change over time; thus, continuous usage of website and application by users means acceptance of any change in rules and regulations.
2-2- To use ADVILI Delivery services, each orderer user, either real or judicial persons, shall create a user account in the application. Only those over 12 years of age and with legal capacity may create user account in the application. To use the services, users shall register their name, surname, email address and cellphone number in the application.
2-3- Users accept to enter requested information accurately and updated in the application and they are responsible for any consistency of the information they provide. If otherwise is established, the company are entitled to legal and judicial sue before competent authorities.
2-4- Users undertake to register in the Advili application merely with their own phone numbers; otherwise, they will be held responsible against the beneficiary email owner and the company cancels their membership immediately upon learning the fact.
2-5- Relevant to their identity documents, each person may only create one user account as driver or orderer user in the company. If the company learns there is multiple user accounts in the name of a real or judicial person, the company is entitled to discontinue services and inactivating the said user accounts.
2-6- According to circumstances, the responsibility of all activities performed through user accounts of real or judicial persons I the application or other services related to ADVILI shall be borne by users. Thus, the responsibility of orderer other than the user that enjoys ADVILI services with user account of the user shall be fully borne by the orderer user.
2-7- Users are responsible to protect the privacy of user account information such as username and password. If user information is stolen or missed, user shall communicate the fact to the company as soon as possible. It goes without saying that as long as the issue is not communicated to the company, the user is responsible for all activities performed via his user account.
2-8- Orderer user is not entitled to let other real or judicial persons use his user account or to transfer his user account to their real or judicial persons. Concerning judicial person user, it will be responsible for legal responsibilities of utilizing the services of the managers of the said collections.
2-9- In certain circumstances, identity establishment may be asked from an orderer user; in such a case, if the user does not provide enough information to the company, the company may block his user account and withhold providing services to him.
2-10- According to circumstances and upon discretion of the company, users may be asked for supplementary information, documents or modification of information. In this case, the related user is bound to provide information or modification of requested information in the time period declared and requested by the company; otherwise, the company may block his user account and withhold providing services to him.
Article 3- Using ADVILI Delivery
Users agree not to do any illegal activity or acts in contradiction with religion and customs of society according to ADVILI laws and are bound to comply with the regulations of Democratic Republic of Georgia.
3-2- ADVILI users undertake not to use services for their personal interest that damages the company or its partners; they also shall not do financial damage to ADVILI that hurts the users. In such a case, the company may stop its serviced for that person and inactivate his user account and to claim damages by referring to judicial authorities and other competent legal authorities.
3-3- Users undertake to use Push Notification as communication canal that the company may use to send messages, email, etc. Users may request sending these message be stopped but accept that if they do not receive such messages, they may have problems using the services or do not receive appropriate information on-time.
3-4- The company may grant gift codes to orderer user; upon entering the code in the application, some percentage of charges may be reduced or part of travel cost may be returned to the user or some amount may be added to the user account in the application. The manner of offering these services and determining the deadline to use them depends on the discretion of the company and if these codes are not granted, the orderer user has no right of objection in this regard.
3-5- Users accept that they ae not entitled to transfer or sell these codes to others. Moreover, users are not allowed to release the codes publicly- even if the company has done the same- unless the company grants them such a right officially.
3-6- Orderer user accepts that the credit in his user account, independent of method of acquisition (whether it is added by credit increase through bank portal or entering discount codes provided to him by the company or any other method), may only be used for enjoying AVILI services and may not receive it in cash.
3-7- The orderer user accepts that the codes granted to him for credit increase or reduced transportation or travel cost may expire. For the company does not ask users for charges for provision of the codes, the company reserves the right for itself to change the price and effect size of these codes even after releasing them or to render them null. Moreover, if the company understands that the codes have been used due to technical issues or violation or have been illegal, it may cancel or remove the credit added to the related user account as a result of such a usage.
3-8- Users are responsible to provide internet, hardware and other equipment as well as to pay related charges so as to use ADVILI services.
3-9- Users undertake not to use any part of information of users (orderers or drivers) learned as a result of using ADVILI services at the end of transportation or travel operation. To store the information of the said persons in cellphones or any other method is contrary to the regulations of the company. Moreover, users undertake to only use the information provided by orderers or drivers during cargo transportation or travel. Using such information shall be in compliance with customs of society and rules and regulations of Democratic republic of Georgia. In any case, users’ information is provided to users as trust and if the said undertakings are violated, the company is entitled to judicial and criminal sue.
3-10- Upon using ADVILI services, users accept not to use ADVILI as a means for advertisement, marketing and personal services and avoid introducing and offering personal products and services or that of others.
3-11- Users accept and declare that they have studied privacy text of ADVILI and accept it.
3-12- Users accept that ADVILI is not an urban transportation service, but only provides software services, facilitating communication between orderer user and driver user so as to agree on the transportation of parcel or travel. In Advili services, driver user may accept or reject one transportation or travel request; additionally, orderer user may do or cancel the transportation or travel after sending parcel transportation or travel request, determining the driver and before the call of Advili operator and before the driver sets out for the point of origin. Therefore, any agreement between operator and user shall be regarded as a binding separate contract and contractual relationship be considered between users; the company does not guaranty the qualification, conduct and actions of users against each other and shall have no judicial and criminal responsibility in this regard and the events during transportation and travels.
3-13- ADVILI services may be offered in partnership with services of other companies that has no control over them. In this case, users accept that these services have their own usage rules and regulations and ADVILI company has no responsibility against rules and services of these companies.
3-14- Regardless of prohibition of using user codes for third parties and given the fact that persons other than orderer user may use ADVILI services via user account of the user, the responsibility of incurred costs as well as any of their legal responsibility toward driver user and the company shall be borne by the orderer user and therefore the said user and third parties have joint and several liability toward the company and other legal authorities.
Article 4- Costs and Payment
4-1- Orderer user accepts that the costs he pays the company are nonrefundable.
4-2- Orderer user accepts that services cost is determined by experts of the company and they may not have any objection to the costs. It goes without saying that because the orderer user may reject the cost declared by the company, he is bound to pay the cost if he accepts it. Thus, if the said user accepts conditions and regulations, he empowers the company to receive and collect the price claimed by the company from his user credit.
4-3- The cost of services shall only be paid through methods specified by ADVILI. These methods include: payment from user account credit; online payment; or via USSD for increase credit and cash payment to the driver.
4-4- Users accept that services cost offered and declared by the company is variable depending on specifications of services including type, time, approximate duration, location (origin, destination or distance of transportation or travel) of services or other factors. In any case, the price declared by the company is specified according to the existing standards and discretion of the company and if accepted by users, they shall have no right of objection or raising claims in this regard.
4-5- Orderer user shall pay to the company the cost of parcel transportation or travel or vehicle transportation regardless of any problems that may occur in ADVILI application for online payment. In such a case, the sum may be paid through the coordination of orderer user with contact center of the company or other methods. If orderer user does not do the payment due to issues including application issues, the company may deduct the said sum from his credit in ADVILI application.
4-6- Orderer user undertakes not to send requests, unless he intends to use ADVILI services. If after sending request and operator confirmation and accepting it and delivering the parcel by the driver user or if the driver user gets to the point of origin, the orderer user cancels the travel and if he does not attend the destination to receive the parcel in the specified time, he is bound to pay the sum or the company may deduct the said sum from his credit.
4-7- If orderer user accepts that any damage to the vehicle of driver user as a result of using services with the user account, he shall pay the costs related to repair, wash, etc. in such cases, the company is entitled to deduct the cost from user account credit of orderer user or collect it from him. If the credit in Advili does not suffice the damages and consequent costs, driver user or the company may follow-up the collection of the said claims.
4-8- The orderer user shall pay the cost of parcel transportation or travel from origin to destination through the methods specified in Advili application.
4-9- The cost of cargo transportation or travel or vehicle transportation shall be paid by orderer user, unless orderer user request the driver user to receive the cost from the receiver of cargo. If the receiver does not pay the cost, the responsibility shall be borne by orderer user.
Article 5- ADVILI Responsibility
5-1- The company with all its facilities such as the 24-hour contact center, complaints unit and intermediation process, does its best for customer satisfaction, resolving conflicts at the time of offering and using ADVILI services among users and engender peace and compromise among them.
5-2- The company tries to offer quality services to users through its supervision.
5-3- The company tries to prepare the conditions so that its software services are available in POS devices of users, but does not guaranty this in all devices and communication networks (internet, mobile data, etc.).
5-4- All the information of users are protected by the company as confidential information and accessing them by third parties, unless otherwise is decided by competent judicial authorities. Thus, in case of request and issuance of proper order by judicial authorities, the company is bound to provide the said information to the said authorities.
5-5- If any of ADVILI users encounter problems when using its services, according the above conditions they may put out their complaints through the 24-hour contact center and complaints unit and the company tries to resolve conflicts.
5-6- For more familiarity of users with the manner and conditions of ADVILI service provision and using the software of orderer users and driver users, all the information needed by users are release by the company in the main website at www.ADVILI.com and users can refer to the related section and study them to get familiar with the stated conditions and ADVILI services. Moreover, our colleagues in the center answer any questions and ambiguities 24/7.
5-7- ADVILI responsibility is only based on the supposition that orderer user has sent his transportation or travel request via ADVILI application and the driver has accepted the request after investigating and confirming it by the operator. Thus, if orderer user and driver user registered in the application agree concerning transportation or travel out of the application, the company accepts no responsibility.
Article 6- Responsibility of Users
6-1- The responsibility of all actions of users arising from non-observance of rules and regulations of Democratic Republic of Georgia, such as Penal Code including crime commitment at the time of travel, and Civil Code including damages to parcels of orderer users or third parties, shall be borne by the guilty person and the company has and will have no responsibility for such acts; in such a case, the company may inactivate user account of guilty person and perform legal actions against the said person so as to get its rights.
6-2- Any action by driver user resulting in damages to the reputation, prestige and assets of the company is regarded as infringement of contractual and legal conditions. The company reserves for itself the right block driver user account and, if necessary, to take legal actions against the said person and to claim its damage and legal rights.
6-3- Driver user undertakes to use only those organizational signs and items prepared and made available to him by the company. The responsibility of using such items and signs that cause similarity or mistake by users or other persons, whether real or judicial, shall be borne by driver user and, if necessary, the company shall stop providing services to the said person and take necessary judicial measures and the guilty person is bound to compensate damages incurred by the company.
6-4- User undertakes to insure his own vehicle so that if it damages third parties when transporting parcels or travelling, insurance company compensate the damages.
6-5- Driver user undertakes to answer the request of orderer user if he and his vehicle are ready.
6-6- Orderer user is not entitled to request parcel transport and travel by motorcycle, and driver user is not entitled to accept such a request.
6-7- Driver user is not entitled to transport and travel for the orderer via Fast Delivery portal that is special to carrying parcels.
6-8- Driver user undertakes to use signs and equipment indicative of his membership in ADVILI Company when offering services to orderer users so as to be better recognized.
6-9- Orderer user is bound to use ADVILI portals properly for registering parcel transport and travel and is not entitled to use Fast Delivery portal for travel that is special to carrying parcels. Given the fact that the travel of orderer in this portal is not insured, the responsibility of travel and its risks including financial loss and bodily injury shall be borne by the orderer.
Article 7- Conditions of Parcel and Cargo Transportation
7-1- Orderer user undertakes and is bound to enter full specifications of parcels including its financial value to the limit of 500 Gel as well as exact address of parcel receiver in Advili system at the time of registration. In cases where parcel transportation requires some special packaging, the parcel will be packaged with the order of Orderer. In case of non-observance of this clause, all the responsibilities arising from not offering correct and full information shall be borne by orderer user. Registration of foreign exchange, check, draft, promissory note, antiques, ancient and precious objects with a value higher than 5000 Dollars by orderer user and transporting the said thigs by driver user is prohibited.
7-2- Orderer user shall not give driver user parcels contrary to the laws and regulations of the Democratic Republic of Georgia, including prohibited items, drugs, illicit chemicals, explosives, toxic, acidic, pathogenic and smelly substances, flammable and burning liquids and solids. radioactive materials and instruments and cargos with dimensions and volumes greater than the company’s regulations; if known, driver user is required to notify the fact to the company and law enforcement bodies. In addition, any legal and criminal liability for this shall be borne by orderer user. If driver user accepts transportation of such items, the company cancels his membership and raise actions in judicial authorities.
7-3- Parcel of orderer user shall be proportionate to the request type and the vehicle, so that it can be regarded as normal and its dimension, volume, weight, danger and type be commensurate to weight and conditions determined by the manufacturer company of the vehicle and carrying cargo without considered the capacity of vehicle is regarded as a violation by the company.
7-4- Parcel of orderer user for motorcycle shall be at most 25 kg and 40*40*40 dimension.
7-5- After declaring the acceptance of orderer user’s request, driver user is bound to do the service to the destination, unless in necessary cases and with justifiable excuse; in such a case, driver user notifies the company of his excuse and another person introduced by the company shall continue the service.
7-6- Accepting parcels of third parties not defined in the ADVILI application as orderer user is prohibited and the driver user shall not be entitled to receive and deliver the items from the above parties. In case of non-observance, all liability arising from this violation is the responsibility of driver user and therefore no responsibility will be borne by the company, and the company has the right to stop the access of driver user and to prosecute the case including claiming damages from the guilty party.
7-7- Accepting parcels of under-12-year-old persons is prohibited and driver user is not allowed to receive and deliver such parcels. If accepted, all liabilities arising from such violation shall be borne by driver user.
7-8- Driver user undertakes and is bound to get the signature and confirmation of receiver showing proper and intact delivery when delivering items, and the receiver of parcel, if delivered, shall be required to sign and confirm that the delivery is correct and safe. Payment of any damage to the item is subject to the declaration of damages at the time of delivery. The receiver shall check the parcel at the time of delivery, and then sign the receipt for the item in the app. After receiving the signature, the company is not liable for any damages. In the receiver registered in the app is not willing to receive the parcel due to any reason including delayed delivery, damage, opening of parcel, etc., or failure to identify the receiver at the address declared by orderer user, driver user is required to inform the company of the fact and to return the order to orderer user in coordination with the company and in case of non-acceptance of orderer user, orderer user is required to keep it for one week and then deliver it to the company until the case is decided by the unit responsible for complaints or other competent authorities. Expenditure and any defect shall be borne by orderer user, and in this respect any claim concerning non-delivery of parcel by driver user and the company to receiver of parcel or orderer user is rejected and not heard.
7-9- Driver user is bound to check the parcel against the one registered in the app when receiving the parcel from orderer user, and accepting the parcel by driver user indicates allowed and standard content of parcel for transportation by vehicle. If, due to reason beyond the control of driver user such as being stopped by disciplinary authority, accidental falling of parcel and knowing its content, driver user understands its content is contrary to the rules and regulations and orderer user has violated rules and conditions contained in this document, he is bound to stop and cancel parcel transportation and report the fact to the company or disciplinary authority according to circumstances.
7-10- If the parcel is packaged in a way whose content cannot be observed, orderer user is bound to register parcel content in Advili system and accept the responsibility of his statements. The company has no responsibility for the content of parcels that cannot be observed and any liability arising from sending parcels in contradiction with the rules and regulations of Democratic Republic of Georgia shall be borne by orderer user and he shall be held directly accountable in all administrative, disciplinary and judicial authorities. Moreover, orderer user shall compensate for the damages incurred by the company in this regard.
7-11- For sending parcels that require establishment of parcel receiver identity, orderer user shall report the fact in Advili system. Otherwise, the company has no responsibility to establish the receiver’s identity when delivering the parcel.
7-12- Orderer user is bound to declare the issue to the operator prior to agreeing to transport the item in the event of an unusual cargo and any other bird or other animals. Otherwise, if driver user encounters the above after the acceptance of the orderer user’s request and departure to the point of origin, he is allowed to cancel the travel (refuse to travel) and orderer user is responsible for compensation of damages and the cost of travel.
7-13- Driver user undertakes to deliver the parcel to the receiver as soon as possible with full trust.
7-14- If the sender or receiver of parcel want it to be returned to the point of origin, he shall pay the cost through their account in Advili app and driver user has no responsibility to return the parcel.
7-15- In case of high volume and excessive weight of the load, the ordering customer undertakes to provide the human resources to use TRUCK DELIVERY and TRUCK PICKUP DELIVERY the cost of which shall be birne by the ordering user and Advili has no liability to provide the human resources and compensate the damage as a result of relicating the devices.
7-16- Orderer user undertakes to change the trend of ongoing or agreed-upon services if necessary, first coordinate these changes with the operator and then consider the changes in the software. Otherwise, any other problem and other damage caused by the lack of such coordination and modification is the responsibility of orderer user and the company has no obligation to follow up on these problems. It should be noted that the change in the process of service leads to an increase or decrease in the cost that the customer is required to pay unconditionally.
Article 8- Parcel Damage Compensation
8-1-The method of compensation is such that if the item is completely destroyed, the stated value of the parcel during the registration of the order is paid, and if the damage is minor, the compensation will be proportionate to the damage.
8-2- Compensation shall be paid only in the event of physical injury resulting from inappropriate carriage of the item.
8.3. If destroying or defect of the item is due to material defects or other defects that have nothing to do with its transportation or is the result of inappropriate packaging by orderer user or inappropriate parcels to be carried by motorcycle or fast-corrupting parcels, the company shall have no responsibility in this regard.
8-5- If the packaging has a defect and the user of the motorcycle motor vehicle will accept the item without liability, it will be personally responsible and the company will not be held liable for this.
8-5- If the loss, defect or theft of the item is due to the fault or failure of driver user, the responsibility shall be entirely borne by driver user and driver user is required to compensate the damages to the company and the company shall have the right to cancel his membership.
8-6- The company is not liable for damages to items whose value has not been stated.
8-7- Payment of damages to packages whose contents are not visible shall be payable only in the event of signs of hit and physical damage.
Article 9- Technical Issues
9-1- Users are not entitled to make efforts to extract source code of Advili software including Decompile, Reverse engineering or similar activities, unless such permission is granted according to the law.
9-2- Users are not allowed to load another version of Advili services on other servers using Framing or Mirroring methods or other similar methods.
9-3- Users are not permitted to run software or scripts for indexing, studying, or any data mining activity on the services.
9-4- Users are not permitted to perform any activity to gain unauthorized access to any part of the ADVILI system or ADVILI-related systems.
Article 10- Content Generated by Users
On certain circumstances, ADVILI may allow users to publish photos, text, audio file, image file or similar files in the website, mobile software or other parts of the system. Ownership of any content (including text, images, audio files, image files, etc.) registered in this way in services will still be owned by users, but by registering them in related services, users empower Advili to publish them anywhere, at any time, digitally or in print for any usage. ADVILI is also entitled to transfer the right to publish these content to other persons or companies.
Article 11- Interruption of Services
If users violate the laws and regulations of the Democratic Republic of Georgia, the laws and regulations of the company, the terms and conditions of this document, and any action and conduct that make the presence of a user (driver or orderer) dangerous for the company, other users and third parties, or his presence is undesirable, the company will, in accordance with its discretion, remove the user’s access to the company’s services. In this case, the user shall have no right of objection or raising actions.
Article 12- Remote Agreement
12-1- Users agree that for the easy exchange of information, all changes and supplements of current laws and regulations, including the modification and addition of terms, sending notifications and announcements to ADVILI, shall be made through the ADVILI website, and users, while accepting the knowledge of the condition and implementation process, agree to apply the said term.
12-2- The responsibility for keeping and protecting user accounts shall be borne by users; users shall accept the responsibility, assign all message data sent via their user account to themselves, and any claim concerning rejection, doubt and forgery of sent message by the said person is rejected and not heard.
12-3- Users acknowledges that any procedure, forms and expressions implying the confirmation and declaration of acceptance and confirmation of the messages issued by Advili are regarded as electronic signature and acceptance and any claim concerning the said signature and acceptance is rejected and not heard.
12-4- Upon membership in Advili services, users communicate their intention and free will to accept and conclude any legal action, including remote contracts and transactions through the computer and electronic system.
Article 13- Contractual Confirmations
With full wisdom and freewill, driver user acknowledges that he meets all legal and contractual conditions concerning using the services of the company for doing subject matter of contract including no criminal record, no addiction to drugs and no usage of them; moreover, users acknowledge that all their statements, declarations, confirmations, contents of this contract, stated information and the documents provided to the company and anything stated and offered in the future are true and genuine. If, upon any reason, including statement of authorities and persons, statements of user prove wrong, the company is entitled to inactivate user account permanently for the said violation and to collect 5000 Gel as compensation and penal clause of these conditions and regulations. Collection of the entire or part of compensation and the above penal clause from financial credit of user in the company is allowed.