Terms

DOWNLOADABLE MOBILE APP

DODOK

TERMS OF USE

 

  1.         GENERAL TERMS

1.1.          These downloadable mobile app DODOK (hereinafter -mobile app) terms of use govern the use of mobile apps distributed or published by SIA ALI MARKETING and available for download from third-party mobile app online stores officially authorized by SIA ALI MARKETING.

1.2.          The owner of the app is SIA ALI MARKETING, registration number 40203478175, legal address: Zemzaru iela 3, Mārupe, Mārupe county, LV-2167, e-mail address:support@dodok.eu The Mobile App and all right, title, interest, technology and know-how, whether proprietary or non-proprietary, contained in the Mobile App and all intellectual property rights contained therein, related to or attached to the Mobile App , including but not limited to copyright, remain the exclusive property of SIA ALI MARKETING.

1.3.          The mobile app allows its users to use the services offered by the partners of SIA ALI MARKETING, such as: booking berths for watercraft, paying for the use of berths, ordering and paying for various additional services (electricity connection, cleaning services, etc.).

1.4.          The mobile app includes the following functionalities:Reservation of a yacht berth, purchase of additional services, use of berth functions, transfer of documents to the responsible authorities (border guard, port police, rescue and search service, etc.)

1.5.          Mobile app compatibility: to ensure the use of the mobile app, an internet connection is required, which is not provided by SIA ALI MARKETING. There are no specific technical requirements for Internet connection, but Internet speed can affect the quality of use of the mobile app. Information about the type of mobile phone and the operating system on which the Mobile App is compatible for use is specified in the online mobile app stores that provide the download of the Mobile App.

1.6.          SIA ALI MARKETING has the right to update or improve the version of the mobile app at any time in order to improve the functionalities or add new functionalities to the mobile app.

1.7.          You will be informed about any significant update or improvement of the mobile app and you will be given the right to refuse updates or improvements, however, in the event of your refusal, SIA ALI MARKETING does not guarantee full-fledged and high-quality operation of the mobile application. Any update or improvement of the Mobile App will be published by SIA ALI MARKETING on the online stores of the Mobile App from which the Mobile App can be downloaded, which will be announced in the Mobile Application. SIA ALI MARKETING invites you to carefully review the information provided about the mobile app in the mobile app online stores.

1.8.          If errors occur in the mobile app, SIA ALI MARKETING undertakes to eliminate them as soon as possible, however, it should be noted that in some cases technical errors may limit the functionality of the mobile app, and SIA ALI MARKETING cannot always guarantee unlimited and flawless operation of the mobile app. SIA ALI MARKETING shall not be liable for any damages caused as a result of malfunctions of the mobile app or due to the fact that the mobile app cannot be used in the desired way.

1.9.          The mobile app is available in several languages, which you can change in your user profile. In order to provide you with services, SIA ALI MARKETING can track the location of your device on which the mobile app is open through the mobile app. The provision of services may be limited depending on the location of your device. These restrictions are visible in the mobile app interface. ALI MARKETING Ltd. does not provide services in all jurisdictions. As service availability may change periodically, a definitive list of jurisdictions is not available.

1.10.       If you comply with all the terms and conditions contained in these terms, SIA ALI MARKETING grants you a non-exclusive, non-transferable, revocable, limited and non-transferable license right to use the mobile app only in object code form (machine-readable) without the right to grant any sub-licenses for the purpose for which it is intended to be used, to the exclusion of any other purpose, and subject to the conditions contained in these Terms. The license to use the Mobile App is granted for the time and in the geographic territories made available or specified on the Mobile App Online Store homepage(s) that make the Mobile App available for download. If no restrictions on availability, duration or geographic territory are set forth in these Terms or on the Mobile App Online Store homepage(s), the license right to use the Mobile App is granted to You in perpetuity (but subject to revocation as set forth in the Terms). and worldwide.

1.11.       You can download the mobile app for free. You do not have to pay any license or other fees to ALI MARKETING SIA to download, access or use the Mobile App.

 

  1.     ACCEPTANCE OF TERMS AND CONDITIONS

2.1.          Please read these terms, privacy policy carefully before starting to use the mobile app[available here], cookie policy[available here] and in order to be bound by them, confirm your acceptance of these terms, privacy and cookie policies by clicking on the relevant button displayed on the screen of your mobile phone or other device you use during the process of downloading or installing or updating the mobile application.

2.2.          If you do not agree with any of the above terms/policies, do not agree to be bound by them, click the relevant button displayed on the screen of your mobile phone or other device you use during the process of downloading or installing the mobile app and leave the website that provides you with download the mobile app. This will automatically stop the download or installation or update process.

2.3.          By starting the use of the mobile app (registration in the mobile app), you acknowledge and confirm that you have read, understood and agreed to these terms, privacy and cookie policies, and accept them as binding until you stop using the mobile app and delete/uninstall it from all the devices you have downloaded/installed it on.

2.4.          These terms constitute a legal agreement between the person who has downloaded and registered the mobile app (You) and SIA ALI MARKETING. The legal agreement between you and SIA ALI MARKETING is concluded and comes into force when you accept these terms.

 

  1.     DEFINITIONS

3.1.          In these Terms, the following terms have the meanings defined herein:

3.1.1.        price list – the price list of services, which indicates the costs and additional costs of each service (if any), and which is available on the website of each Service Provider;

3.1.2.        intellectual property rights means any and all rights of any kind or type to individual products of the human mind possessing intangible value and all rights and forms of protection of equivalent or similar effect recognized under the laws of each jurisdiction throughout the world;

3.1.3.        You or the user means any person who is a consumer and who downloads, installs and uses the Mobile App;

3.1.4.        means of payment means the means of payment supported by SIA ALI MARKETING, which you choose to pay for services in the mobile app;

3.1.5.        User account – a user account in the mobile application, which provides you with access to services and includes, among other things, information about your transactions;

3.1.6.        Pay means the fee for the use of the services, the total price, which includes all price-forming elements;

3.1.7.        mobile app means the mobile application defined in the General Terms and Conditions, which provides the functions described or specified in these Terms, as published and made available by SIA ALI MARKETING or its partners in officially authorized third-party mobile application online stores. A reference to the mobile app in these terms includes a reference to the Content, software, programming and navigation tools, databases and any other structural components of the mobile app, as well as all their updates and upgrades, additions provided by SIA ALI MARKETING;

3.1.8.        Regulations means these Terms of Use of the DODOK Downloadable Mobile App;

3.1.9.        personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, telephone number, location data, online identifier or one or more factors characteristic of physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

3.1.10.    services- Services offered by the cooperation partners of SIA ALI MARKETING, which you can order, receive and pay for using the mobile app;

3.1.11.    Content means the structure of the Mobile App, its editorial content, drawings, illustrations, images, photographs, trademarks, logos, initials, company names, audiovisual or multimedia works, visual, audio or sound content, and any other file or element contained in the Mobile in or otherwise forming part of the App. (This list is not exhaustive);

3.1.12.    SIA ALI MARKETING means SIA ALI MARKETING, registration number 40203478175, legal address: Zemzaru iela 3, Mārupe, Mārupe district, LV-2167, which is the owner of the mobile app;

 

  1. GETTING STARTED AND REGISTERING

4.1. To start using the mobile app,You download it to your mobile/smart device. It is your responsibility to verify and ensure the compliance of the mobile/smart device with the requirements, the availability of mobile data transmission and cover the costs related to data transmission to your mobile service provider.

4.2. You have the option to continue using the mobile app“Continue without registration” in the mode without registration. In this way, you can familiarize yourself with the offered services, conditions (Terms & Conditions), frequently asked questions and other current information about the mobile app and services, however, without registration you will not be able to use the service, but only get information.

4.3. You must use the mobile app user interface to create your user account "Register" and the requested information - your phone number - should be provided. After entering the phone number, a four-digit authorization code will be sent to you in a text message. When you enter it in the mobile app, you are registered as a user in the mobile app and you have created your user account.

4.4. For all operations in the mobile app, the mobile phone number you provide is used as your identifier. One user account is created per mobile phone number.

4.5.I By creating your user account, you agree to (i) provide accurate, true, current and complete information; (ii) promptly update the information provided to create Your user account after any changes; (iii) maintain the confidentiality and security of your user account by protecting your identifying information and restricting access to your user account; (iv) immediately inform SIA ALI MARKETING if you discover or suspect any security breach related to your user account or its misuse; and (v) if the Mobile App is connected to a smart device, delete your user account when the smart device is no longer in your possession or under your control.

4.6. You take full responsibility for the fact that the personal data of other persons, which you make known by indicating and submitting to SIA ALI MARKETING, is provided only with the explicit consent of these persons and is immediately deleted after the withdrawal of consent or if it has become irrelevant due to a change in circumstances.

4.7. You may download and use the Mobile App on more than one device, as long as the Mobile App is used on each of said devices with the same user account.

 

  1. MOBILE APPLICATION USE, USE LIMITATIONS

5.1. After registering in the mobile app, you must add the data/parameters of the watercraft for which you will use the services to your user account, so that you are provided with high-quality services that meet your needs. The maximum number of watercraft that can be added to one user account is 5 (five).

5.2.     A valid credit card, debit card or other payment method supported by the mobile app must be linked to the user account.

5.3.   You are responsible for the legality of the processing of any third party personal data that you upload, store, create, use, share, modify, delete or otherwise process while using the Mobile App. You must comply with all applicable laws and regulations, obtain all necessary consents and make all necessary notifications in this regard.

5.4.    You are not allowed to register multiple user accounts, sell or rent your user account to a third party, and create fictitious, illegal user accounts, including using fictitious and false information.

5.5.    You are obliged to ensure the security of your user account and the confidentiality of login data, transferring the user account to a third party is prohibited.

5.6.     SIA ALI MARKETING has the right to temporarily or permanently disable your user account to the extent necessary to (i) ensure legitimate use of the mobile app, including but not limited to fraud prevention, risk assessment, investigation and customer support; (ii) ensure that you comply with this agreement; (iii) to comply with applicable law or an order of a court, law enforcement agency or other administrative or governmental authority; or (iv) in other cases specified in this Agreement.

5.7.   You are obliged to notify SIA ALI MARKETING immediately through one of the specified communication channels so that SIA ALI MARKETING can block access to your user account, thereby preventing its misuse, if (i) unauthorized access to or use of your user account has occurred, or (ii) lost mobile device on which the mobile application is installed, or (iii) your user account has been disrupted or has become accessible to a third party, or (iv) there is another situation that causes you to lose control over your user account.

5.8.    Except as otherwise expressly required or permitted by applicable law, You will not, nor will You permit others to: (i) copy the Mobile App, except for backup purposes in support of Your permitted use of the Mobile App. All such copies must include all copyright notices and any other proprietary notices contained in the original mobile app. You may not sell, rent, license, lease or otherwise transfer any copy of the Mobile App. If the mobile app includes documentation that is provided only in electronic form or online, you may print a copy of such documentation; (ii) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to derive/recreate the source code of the Mobile App, or create derivative works from the Mobile App; (iii) sublicense, rent, outsource or rent the Mobile App or allow a third party to use the Mobile App for its own benefit or for any other person's benefit; (iv) directly or indirectly export, re-export, download or transmit the Mobile App in violation of the laws and regulations of the jurisdiction in which You use or download the Mobile App.

5.9.  You may not use the mobile app or use it in conjunction with any device, program or service designed to attempt to circumvent technological measures used to control access to or rights to a Content file or other work protected by copyright or other laws of any jurisdiction.

5.10.  You agree to use the Mobile App only in a manner that complies with all applicable laws in the jurisdictions in which You use or download the Mobile App, including, but not limited to, applicable restrictions on copyright and other intellectual property rights.

 

  1.     PROCEDURE FOR USING THE SERVICES

6.1.          Boat berth reservation service.

6.1.1.           To reserve a boat berth you:

6.1.1.1.  you select the watercraft added in the mobile app, which you will park at the pier;

6.1.1.2.  you choose the pier and mark the necessary additional services;

6.1.1.3.  indicate the time of arrival of the watercraft (-0, +60 min.) and the approximate time of leaving the berth (-max., +15 min.) in the port to guarantee a berth;

6.1.1.4.  you receive the place offered by the selected pier (the place will be offered to you according to the parameters of the vessel and additional services for those who choose it. In the event that one of the services is not available but the place corresponds to the parameters of the vessel, you will receive a notification about this in the mobile app and the selected pier will offer you a place with a limited range of additional services or without additional services);

6.1.1.5.  confirm the proposed location of the selected pier;

6.1.2. When reserving a place at the selected pier, the fee for using the place is paid in advance and is not refunded if you do not use the selected service. At least 72 hours notice must be given to the Pier Manager if you will not be using the berth, failure to do so will result in no refund of the berth booking fee.

6.1.3. Charges for additional services booked at the same time as or during the use of the berth service are calculated after the fact, unless it is a non-cancelable service (for example: mooring assistance – assistance with mooring);

6.1.4. You are obliged to register your arrival by scanning the QR code with the help of the mobile app within 15 minutes of parking (mooring) the watercraft at the pier. If everything is correct, the indicator changes its color from flashing red to flashing yellow.

6.1.5. If necessary, you activate the water supply and electricity supply in the application, for which the payment is made automatically when leaving the pier, according to the amount consumed or by stopping the service in the application. 

6.2. Use of pier services without reservation.

6.2.1. If you arrive at the pier without a prior reservation, you must park your boat in any place marked with a flashing green light;

6.2.2. After parking the watercraft, the light signal changes to an intensely flashing red light and from that moment on, within 15 minutes, you are obliged to register your arrival with the help of the mobile app by scanning the QR code. If everything is correct – the indicator changes its color from flashing red to flashing yellow

6.2.3. If necessary, you activate the water supply and electricity supply in the application, the payment for which is made automatically when leaving the pier, according to the amount consumed or by stopping the service in the application.

 

  1.     FEE FOR USE OF SERVICES, PAYMENT PROCEDURES

7.1. The fee for using the services is the total price, which includes all price-forming elements and consists of the following amounts: (i) fees for your chosen services and (ii) applicable taxes and other local fees, the collection of which is the responsibility of SIA ALI MARKETING or the service provider, amounts.

7.2.   You are responsible for paying all applicable taxes and all other applicable fees not included in the Fee.

7.3.    The fee is specified and collected in accordance with the terms and price list available from the service provider and/or in the application, which is valid during the use of the services. Various methods and offers may be used to calculate the Fee, including but not limited to prices inclusive of all taxes and tariffs. The fee can thus be calculated dynamically based on demand.

7.4.   The reservation of services is free of charge, however, if you do not use the reserved service and have not canceled its use at least 72 hours before the reserved time of use, you may be charged for the service.

7.5.   After booking the services, SIA ALI MARKETING will automatically reserve the amount of the planned Fee in your chosen payment method to receive confirmation of the availability of the amount.

7.6.  By reserving the service, you confirm that you are familiar with the price of the services specified in the price list applicable to the service.

7.7.   SIA ALI MARKETING reserves the right to make amendments to the price list at any time without prior notice (except for the price of your reserved services at the time of the change), so you are obliged always check the current service price and additional costs (if any) before booking the service.

7.8.  The final price for services, the cost of which depends on the duration of service use (for example, the use of a pier for parking a watercraft), is calculated for the time from the moment you start using the service (at the mooring pier) until the moment you stop using it (at the leaving the pier). You must record the start and end time of using the service in the application. Fees for other services are calculated after each service is completed.

7.9.   Depending on the payment options available at the particular place of use of the services, you can pay the Fee using the payment function of the mobile app.

7.10.   You authorize SIA ALI MARKETING to use the payment method selected by you and linked to the user account to collect the Fee in accordance with these terms and the price list. SIA ALI MARKETING automatically deducts the Fee from your chosen payment method. It is your responsibility to ensure that your chosen means of payment has sufficient funds to cover the required amount.

7.11.   If you do not agree with the amount of the calculated and deducted Fee, you have the right to always contact SIA ALI MARKETING through the communication channels mentioned at the beginning of the rules, or by using the helpline indicated in the mobile application. SIA ALI MARKETING examines complaints and applications related to Fees and the payment function of the mobile app at the first opportunity, but no later than within 15 (fifteen) days.

7.12.       If payment with your chosen payment method fails, or your chosen payment method cannot be used for any reason, other means of payment and collection procedures may be used. You agree to bear all costs incurred by ALI MARKETING Ltd. in connection with late payment collection, including but not limited to legal costs.

7.13.       You undertake to immediately add a new means of payment to the user's account if changes have been made to the means of payment you have chosen, which may hinder the collection of the Fee from you.

7.14.       If SIA ALI MARKETING fails to reserve the amount in your chosen means of payment in accordance with 7.5. in point determined, or collect the Fee from your chosen payment method, SIA ALI MARKETING is entitled to suspend or terminate the operation of your user account until you pay the Fee.

7.15.       If you have not previously paid the Fee on time, SIA ALI MARKETING has the right to request prepayment for the services from you before starting to use the services.

7.16.       When paying with cards, making online payments and using other means of payment through the mobile app, SIA ALI MARKETING is not responsible for possible third-party costs (e.g. mobile operators, bank commissions). These service providers may apply additional payment processing fees to you in connection with the use of the payment function of the mobile app. SIA ALI MARKETING takes no responsibility for such expenses. Your chosen payment method may be subject to additional terms imposed by the relevant third-party payment service provider. Please familiarize yourself with the terms and conditions of the respective parties before using the payment method.

7.17.   After each service provision, SIA ALI MARKETING issues and sends you an invoice for the fee for using the paid services. Invoices will be issued in accordance with the current regulatory framework and will be available in your user account.

7.18.   The payment obligations arising from the regulations are considered fulfilled when the relevant payment amount has been received in the current account of SIA ALI MARKETING.

7.19.       SIA ALI MARKETING has the right to transfer your personal data to third parties for debt collection or to independently perform actions for debt collection from you.

7.20.   Discounts and special offers:

7.20.1.       SIA ALI MARKETING has the right, at its own initiative and discretion, to grant you a discount on the service/services. To use the discount, SIA ALI MARKETING sends you the Discount code to the phone number you specified. You must enter the discount code in the mobile app before paying for the service for which the discount has been granted.

7.20.2.       SIA ALI MARKETING reserves the right to withdraw the application of the discount code at any time without sending you a separate notification until the discount code is used:

7.20.2.1.     if you have not fulfilled your financial obligations to SIA ALI MARKETING;

7.20.2.2. if the discount code is used illegally;

7.20.2.3. if the discount code is used by a third party other than you;

7.20.2.4. if the use of the discount code is not in the commercial interests of SIA ALI MARKETING.

7.20.3.       SIA ALI MARKETING is entitled to apply additional rules for the use of discount codes.

 

  1.         RESPONSIBILITY

8.1.          To the extent that such limitation of liability is allowed by the applicable legislation, SIA ALI MARKETING does not assume responsibility for: (i) the damage caused to you, which occurred due to the delay or failure to provide services; (ii) damages that you have caused to third parties during the use of services; (iii) any indirect or consequential damages, including lost profits; and (vi) damages in excess of the price of services that were not provided or were inadequately provided.

8.2.          Use of the mobile app is solely your responsibility.

8.3.          Any downloading or uploading of data from or to the Mobile App, creation or modification of any data in connection with the use of the Mobile App, and any use of such data by You or any third party acting on Your behalf is your sole responsibility and only you.

8.4.          You warrant that you will reimburse SIA ALI MARKETING any and all damages arising out of or related to any of the following: (i) your failure to perform any of your obligations under these Terms; (ii) any failure by You to comply with applicable laws and/or regulations in connection with the use of the Mobile App, and/or (iii) any modification, alteration or maintenance of the Mobile App withoutSIA ALI MARKETING written permissions.

8.5.          If using mobile phone it is allow you to provide the web address of any third-party website or third-party content, products, services or information in order to access it or create a link that provides access to it, You, to the extent permitted by law, assume responsibility and all risks associated with such access and use of third party websites and/or content, products, services and information. SIA ALI MARKETING has no control over and is not responsible for such third-party websites or the content, products, services and information available from or through such third-party websites. To any user's access to third-party websites or use of any third-party content, products, services or information by the user mobile app, the terms of use of said third party or otherwise apply legal documents governing that third party's websites, content, products, services or information.

 

  1.         TERMINATION OF LEGAL AGREEMENT (CONTRACT).

9.1.          The legal agreement entered into between you and SIA ALI MARKETING in accordance with these terms is a contract entered into for an indefinite period of time, which the parties may terminate as specified below in this section.

9.2.          You may uninstall/delete the mobile app at any time without prior notice. Such conduct on your part will automatically and reasonably result in the termination of the legal agreement entered into under these terms.

9.3.          Either party may terminate the legal agreement entered into under these Terms if the other party fails or breaches any of its contractual, legal or regulatory obligations in connection with the performance of this legal agreement.

9.4.          You have the legal right to terminate this legal agreement (agreement) within 14 days without giving a reason. In this case, you submit a written notice to SIA ALI MARKETING by sending it to the electronic mail address: support@dodok.eu, where to clearly and unequivocally declare your desire to terminate this legal agreement (agreement).

 

  1.     RESOLUTION OF DISPUTES

10.1.   The laws of Latvia apply to these Terms of Use.

10.2.   As a consumer, you additionally enjoy the protection afforded to you by any mandatory or public policy provisions of any law or regulation of the country of your residence to protect your rights as a consumer.

10.3.   Any complaint you have regarding the mobile app sentSIA ALI MARKETING by electronic mail to the electronic address indicated on the first page of these regulations,SIA ALI MARKETING will consider as soon as possible, but not lateras within 30 days from its receipt and will give you an answer using the communication method you indicated.

10.4.   Any dispute between You and SIA ALI MARKETING arising out of or relating to these Terms and/or the use of the Mobile App, whether based on contract, warranty, tort (including negligence), liability regardless of fault , legislation or otherwise, which cannot be resolved amicably, shall be finally settled in accordance with the law governing these Terms, in the competent courts of Latvia or, if applicable, throughA consumer dispute resolution commission or an out-of-court dispute resolver, to the exclusion of any other jurisdiction, including in the case of multiple defendants, injunctive/injunctive or emergency proceedings, and warranty appeals, without denying You rights provided by mandatory or public policy laws or regulations applicable in the country in which You download, install or use the Mobile app or what is your permanent residence.

10.5.   If you are a consumer residing in the European Union or the United Kingdom, you may file a claim against SIA ALI MARKETING to enforce your consumer rights in relation to these terms and/or the mobile app in any of the courts in the country where you reside.

10.6.   If you are a consumer residing in the European Union, the European Commission provides an online and out-of-court consumer dispute resolution platform that you can access via this link:
https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_lv

 

  1. DIFFERENT RULES

11.1.   The headings in these Terms are for convenience of reference only and shall not affect their interpretation. Words expressed in the singular include the plural and vice versa.

11.2.       If any provision of these Terms and Conditions is deemed invalid or unenforceable by a competent jurisdiction, and if the invalidity or unenforceability of said provision does not invalidate the legal agreement created pursuant to these Terms, all other provisions of the Terms and Conditions shall remain in full force and effect.applicable.

11.3.       These Terms constitute the entire agreement between you and SIA ALI MARKETING with respect to your right to use the Mobile App and supersede any prior oral, electronic or written agreement or understanding regarding the same subject matter.

11.4.       If one of the parties to the rules does not insist on the strict implementation of the rules or their psizing, it is not considered as such Parties waives any right to apply these terms, nor does it consider that any action between the parties or right any third party would change any provision of these Terms of Use.

11.5.       All notices given under these terms must be in writing. General purpose notices related to the Mobile App are provided by ALI MARKETING SIA on the website(s) of the online mobile application store(s) that make the Mobile App available for download and/or through the Mobile App itself. SIA ALI MARKETING sends notifications specifically addressed to you to the phone number you specified when registering in the mobile app or, if applicable, placed in your user account. Any user notification to SIA ALI MARKETING must be submitted in writing and sent by electronic mail to the electronic address or by registered letter to the address of the legal address of SIA ALI MARKETING, which is indicated accordingly on the first page of these regulations.

11.6.       ALI MARKETING Ltd. may update these Terms at any time.Unless otherwise provided by law,SIA ALI MARKETING will notify you via the mobile app prior to the entry into force of the amendments to the terms and will give you the opportunity to review and, at your discretion, opt out of the revised terms before they become effective. You will be bound by the revised Terms after they become effective, and you will continue to use the mobile app.