User agreement version 1, August 18, 2015
1.Terms and definitions
- e-mail – e-mail address. In most cases in this Agreement “e-mail” means an e-mail address a user provided in the process of registration in lookkapp
- lookkapp (or the Service) – the service of photograph ordering and delivering located on the Internet at https://www.lookkapp.com, also having a mobile application. The owner of the Service is “Lookkapp”, LLC
- PayPal – international Internet payment service located on the https://www.paypal.com. In the lookkapp we use PayPal for all the payments as it is one of the most convenient and reliable services in the world.
- Authorization – user’s entrance to their lookkapp service account by means of putting in their e-mail address and password, or using data of their personal accounts of social networks supported by the Service
- Account – user’s account in lookkapp, which a user accesses by entering the login (which is an e-mail address of a user) and the password on the authorization page at https://www.lookkapp.com or in the mobile application
- Account currency – currency, which is used to display costs of orders and offers, and to replenish and charge off user’s account in lookkapp. The user can not choose currency of their account by themselves. Account currency is appointed automatically by the Service according to the following principle: if a user is from Russia, account currency is Russian ruble, if user is from the European Union, account currency is euro, other users are appointed US dollar as their account currency.
- Contractor – user who agreed to the conditions of an order and whose offer was accepted by a Client. Only a natural person can be a Contractor.
- Order – a set of requirements and conditions formulated by a Client including the time, date, place and cost, as well as description of a desired object of photography. Contractor agrees to the conditions and requirements of an order to accept it.
- Client – a user who created an order. Both a natural person and a legal person can be a Client.
- lookkapp commission – interest on the cost of order which the lookkapp charges to the Client. It is calculated for the sum of cost of order or an offer made by a Contractor and accepted by a Client.
- Mobile application – a program for a smart phone which provides the use of the lookkapp service on user’s smart phone
- Password – a confidential and known only to a User combination of letters and/or figures and other symbols, at least 6 signs long, used by a User together with their e-mail address for authorization in lookkapp.
- User – a natural or legal person who accepted this Agreement and registered an account in lookkapp
- Account replenishment – user’s depositing their lookkapp account to pay the services of a Contractor
- Offer – cost and conditions offered by a user, who wants to become a Contractor, filling an order created by a Client
- Service – (or lookkapp) – the service of photograph ordering and delivering located on the Internet at https://www.lookkapp.com, also having a mobile application for access from a device. The owner of the Service is “Lookkapp”, LLC
2.1 Requirements to users
Any legal person or a capable natural person of the majority age can be a user. Use of the service is considered lawful if the user guarantees and confirms the following:
- the user has no ban on use of the Internet
- the user has only one account in lookkapp
- the user does not violate and will not violate the rights of Lookkapp, LLC, including copyright and the rights for trademarks and other intellectual property
- the user bears all costs and expenses related to use of the Service and its consequences independently
- the user bears full responsibility for their actions, user’s responsibility can not be transferred to the third parties
- to register the user must provide an operating e-mail address recorded on their name
- a natural person user only can be a Contractor
2.2 Access to the
User’s access to the Service is provided through the Internet at https://www.lookkapp.com or using mobile application. To work with the Service user creates a unique lookkapp account, which is entered by means of user’s e-mail address and password. The account contains information on the user, regional and language settings necessary to use the Service.
2.3 Notifications from the lookkapp service
The user agrees that the Service will send them notifications and official messages to the e-mail address provided by a user at registration, as well as in a mobile application.
2.4 Payments, calculations and commissions
2.4.1 Account replenishment
Any registered user can replenish their lookkapp account. To do that it is necessary to enter the account, choose Bank section, put in a desirable sum for replenishment and press the Continue button, after that follow the instructions on the screen.
2.4.2 Calculation for orders
When creating an order a Client may appoint a fee for it’s execution. The size of the fee is determined by a Client at their discretion. Potential Contractors may suggest their own price when they receive an offer to fulfill the order. In case of consent with the price suggested by a Contractor, a Client accepts the offer. When a Contractor’s offer is accepted, a sum of money is reserved on Client’s account which is equal to the sum of the accepted offer plus the commission of the Service.
If at the time of accepting the offer there is not enough money on the account of a Client (the account balance is lower than the sum of the offer plus the commission of the Service), in that case, a Client needs to offer a lower price or to replenish the account to accept the offer.
Write-off of the sum of cost of the order and the commission of the Service from the account of a Client happens only after full acceptance by a Client of Contractor’s work results.
Transfer of the sum of cost of the order to the account of a Contractor in lookkapp is made only after full acceptance of work results by a Client.
To inform the users on each event related to an order and an offer the Service sends a reminder to the e-mail address provided by them when registering.
2.4.3 Receiving funds from the lookkapp account
To obtain a sum earned in the Service, the user has to enter Bank section of the account and put in a desirable sum in the field "Withdraw from the Account". This sum can not exceed the account balance of the user or be lower than the minimum admissible, which depending on the account currency makes 500 Russian rubles, 10 US dollars, 10 euros.
The amount requested for the withdrawal will be transferred to the user within 30 calendar days. The PayPal payment system is used for calculations.
Accepting this Agreement, the user agrees that the PayPal and other payment systems which can participate in the withdrawal of funds from the account of the user in lookkapp, may take additional commissions from it.
Accepting this Agreement, the user agrees to the following commissions used by the Service:
Size of commission for the account currency
Replenishment of the lookkapp account
Withdrawal of funds from the account
Commission of the Service
The user agrees that depending on the country of their accommodation or stay, additional payment system commissions caused by converting of currencies and/or other factors are possible. For detailed information please contact PayPal.
3. Rights and obligations of the parties
3.1 Rights of the user
A user has the right to:
- create orders, appoint fees for the execution at their discretion, accept entirely or partially the result of a Contractor’s work, as well as reject it.
- request a withdrawal of funds from their lookkapp account
- delete the account in the lookkapp service
- choose a user name and a password at their discretion, but without violating requirements of the lookkapp service and the present Agreement
- the right of a user-Client to a photo received from user– a Contractor, emerges immediately after acceptance by a Client of result of a Contractor’s work. a Contractor agrees with it unconditionally, accepting the present Agreement.
3.2 Obligations of the
The user is obliged to:
- use the lookkapp service only according to the present Agreement, without violating its conditions, and also without violating the current legislation both of the user’s country and international
- keep the password to the account secret and not to tell or transfer it to the third parties
- the user bears responsibility for offenses and misconduct committed by them during execution of an order independently
- the user pays all charges related to the Service use independently and at own expense (including taxes and other related government charges)
3.3 The user is prohibited to:
- cause trouble, insult or damage to other users, including sending undesirable messages
- use or try to use an account of other users, or create several accounts
- use the lookkapp service violating the requirements of the present Agreement
- send information, which a user has no right to disclose or provide, because of any law or contractual or confidential relations
- commit any illegal actions, including in relation to software and equipment providing the lookkapp service functioning
- implement disclosure of technology, decompiling, disassembling, interpretation of any intellectual property used during the lookkapp service functioning, or its part, and otherwise try to receive its initial code
- recreate, copy or otherwise imitate appearance or functioning of the lookkapp service
- interfere with normal functioning of the lookkapp service in any way
- place materials violating legislation requirements on the lookkapp service
- change the e-mail address provided during registration process in the Service
3.4 Rights of the
The lookkapp has the right to:
- modify and supplement the present Agreement entirely or any of its parts
- improve and develop mechanisms used in the Service functioning, supplement the Service with new functions, including adding or changing payment services
- block (ban) user's account
- delete illegal materials placed by users unilaterally without prior notice
- disclose information on the user known to the Service to government bodies and services in case of their lawful inquiry or order/resolution according to the current legislation
- the lookkapp service has the right to intellectual property (software, design, branding, logos, principles of functioning), which it will protect if needed in all ways available and provided by law
- remove the user's account in case of violation of the requirements of the present Agreement without returning or compensating to the user the money paid before
- store, process, analyze user’s data entered by them into user's profile
3.5 Obligations of the
The lookkapp service is obliged to:
- comply with requirements of the present Agreement and current legislation
- undertake all possible measures to ensure appropriate work of the Service functionality declared
Lookkapp provides service to the user in the format "as is" and in no way checks or controls entirely what users create and place. The Service uses algorithms and methods allowing with sufficient degree of probability to provide reliability of photographs, however the Service does not guarantee their authenticity, as well as authenticity of a place of shooting.
If user is not satisfied with the Service work, they have the right to terminate the present Agreement and to cease to use the Service.
Lookkapp does not set a purpose, and has no duty, to check the identity of users of the Service, does not trace the use of the Service by its users. Therefore the Service does not bear responsibility for theft and any other abuse and its consequences, or unauthorized by the user action made by the third party from the user’s name with use of their account.
The lookkapp service will make every effort to provide for uninterrupted and faultless functioning, however does not guarantee that. The Service assumes that technical problems caused by various technical factors, including problems with Internet access, failures in network functioning and/or equipment of a hosting of the Service while operating are possible. The lookkapp service refuses any responsibility and compensation for damage which can be caused by errors and failures in functioning described.
3.7 Compensation for damage
The user is obliged to compensate to Lookkapp, LLC any damage caused, including legal costs arisen in the course of non-compliance by the user with conditions of the present Agreement, placement of information and/or photographic materials in the lookkapp service, and also as a result of activity carried out by the user while using the Service.
4. Settlement of
4.1 Adjustment of disputes
Accepting the present Agreement the user confirms their consent to solve all arisen disputable situations without fail by negotiations within 30 days. In case of failure to reach an agreed decision, the question will be considered in Arbitration court of Omsk region, in the place of registration of Lookkapp, LLC.
Applicable law for consideration of disputes is legislation of the Russian Federation.
4.2 Transfer of rights
The user has no right to transfer the rights under the present Agreement to the third parties.
Lookkapp, LLC has the right to transfer any rights and obligations under the present Agreement both entirely and partially without obligatory notification of the user.
4.3 Location of Lookkapp, LLC
To contact the Service a user can use e-mail, a feedback form and post service. The mailing address is: Lookkapp, LLC. 4, 5th Armii St., Omsk, 644122, Russia.