This User Agreement governs the use of the Site by the domain name "starsbeans.com.ua" (hereinafter referred to as "www.starsbeans.com.ua
" / "Website") by the Users and the purchase of Goods on the Site.
The Site Administration asks you to carefully read this User Agreement. 1. TERMINOLOGY OF THE AGREEMENT
1.1. Site Administration
is as specified in Section 14 of this User Agreement.
1.2. Website «www.starsbeans.com.ua» / Website
- a site, placed on the Internet under the domain name «starsbeans.ua», containing information about the Goods for sale, which allows the User to search, view information about the Products which are offered to Trading Partner Users to purchase, place an Order and purchase the Product.
1.3. Content of the Site
- Protected results of intellectual activity, including texts of works, their titles, prefaces, annotations, articles, illustrations, covers, musical works with or without text, audio-visual, graphic, text, photographic, derivatives, components and other works intended for User Interfaces, Visual Interfaces, Trademarks, Logos, Computer Programs, Databases, and Design, Structure, Choice, Coordination, Appearance, General Style, and Location of the Site Content that Contains on the Site, and Other Content intellectual property collectively and / or separately contained on the Site.
- computer programs and action algorithms, organized by the system in place and logically linked to the purposes for which the Website was created, which are an integral part of them, which provide the functional basis for the operation of the Site.
1.5. Site Resources
- the Website itself, as a complex object of copyright, other intellectual property rights placed on the Site, including, but not limited to, Software (computer programs and algorithms), databases, their directories, graphics, sounds, texts, and other information organized by the system in place and logically linked to the purposes for which the Site was created.
1.6. User Agreement
(hereinafter referred to as "the Agreement") is the document, as amended, posted on the Site.
1.7. Site User
(hereinafter referred to as "User") is an individual who has and exercises legitimate access to the Site and its Services through the Internet, and has sufficient rights to perform transactions on the Site (including the ability to the extent that necessary for the implementation / conclusion / execution of the relevant agreement), and shall not have any restrictions under applicable law (including possession of the capacity to the extent necessary) that would prevent that individual from carrying out / concluding / executing the relevant agreement and on the site legally.
1.9. Trading Partner
- a legal entity or entrepreneurial entity, registered in accordance with applicable law, Announcements of the Goods of which are posted on the Website of the relevant Trading Partner, the Goods of which can be purchased on the Site.
- a public offer (public offer) placed on the Site by a Trading Partner addressed to an indeterminate number of persons for sale by a Trading Partner of Goods, containing the price, terms of sale and terms and conditions of delivery of the Goods, conditions of return of the Goods, as well as other essential terms of the purchase agreement- sales of the Product (including contact information, photos and any related information about the Product).
1.11. Registration on the Site
- a set of actions of the User in accordance with the instructions specified in this Agreement, including the provision of Credentials and other information, using a special form of the user interface of the Site for the purpose of forming a Personal Cabinet and accessing certain Services of the Site.
are unique Login and Password created by the User on his own during the process of Registration on the Site, or modified by the User through the Personal Account, which are used to access the Personal Account.
1.13. Registration Data
- User data, independently defined by the User when registering on the Site and completing the profile of the Personal Cabinet. Registration data is stored in the database of the Site Administration and is subject to use only in accordance with this Agreement and applicable law.
- stored in a computer system a set of data about the User, necessary for his electronic identification (identification and verification) and to give access to his personal data and settings. The account is formed automatically at the moment of registration on the User's Site and is based on the data of the User's own Login and Password. The data you enter when creating an Account is used to create a Private Account.
is the email address owned by the User, which is entered by the User upon request of the Site upon the User's registration on the Site, is an integral part of the User's credentials, and serves as one of the User's identifiers for Site Authorization and to access the Private Office.
1.16. A password
is a unique combination of letters and / or numbers entered by the User upon request by the Site upon the User's registration on the Site, is an integral part of the User's Credentials data, and is the own key of such User for the Authorization on the Site and to access the Private Office. By means of a password (personal key) the User on the Site forms his electronic digital signature, accessible only to such User.
1.17. Personal Cabinet
- the closed part of the Site, which is a collection of secure pages on the Site, created by Activation of the Personal Cabinet User and containing User data on the Site, in which the Services are provided to the User on the Site.
1.18. Personal Cabinet Activation
- User's actions aimed at accessing the Service provided on the Site.
is a procedure of electronic identification (recognition and confirmation) of the User upon his / her login to the Site, which is performed by the Site Software automatically based on the User's credentials upon entering by the User his / her Login and Password upon entering the Website and for accessing the Personal Cabinet.
is the value of the Goods as established by the Trading Partner in the Announcement.
- any material and information provided by the User in connection with the use of the Site.
- A duly executed request from the Buyer on the Site to purchase and / or deliver the Goods.
- Services available on the Site that allow the User to use all the functionality provided for him under this Agreement. Services include (1) the interface, software and other elements necessary for proper functioning. None of the provisions of this Agreement may be construed as transferring the exclusive rights to the Services (its individual elements) to the User; (2) the features (tools, algorithms, methods) provided by the Site that allow the User to search and view information related to the Product, as well as any other features and functions available on the Site.
- any information in any form (including text, photos, graphics, audio-visual works), which is posted, reproduced and otherwise communicated to the general and / or individual knowledge of the User on the Site.
- Services provided by the Site Administration to the User under this Agreement, including through the Site.
is a document posted on the Site at: https://www.starsbeans.com.ua/privacy/
. 2. SUBJECT MATTER
2.1. This Agreement regulates:
2.1.1. Legal relations between the Site Administration and the Users using the Site and its Services, as well as the materials placed thereon.
2.1.2. Legal relationship between the User and the Trading Partner for the sale of Goods on the Site.
2.2. Within the framework of the Agreement, the Site Administration provides to the User Services for rendering of the technical capabilities of the Site on a free basis, namely:
2.2.1. Access to the Site and its Content.
2.2.2. Search for Products on the Site.
2.2.3. Registration on the site.
2.2.4. Access to the Private Office.
2.2.5. Ability to make a Reseller Partner Product Order on the Site.
2.2.6. Ability to pay for a Merchant Partner Product on the Site.
2.2.7. Provision of technical conditions for correspondence between the Trading Partner and the User.
", other documents).
2.4. Acceptance of the terms of this Agreement is the use of any Services and other features of the Site, including, registration on the Site, registration of the Order and other actions.
2.5. User understands and agrees that all Services are provided "as is", "as available", and that the Site Administration is not responsible for any delays, failure of the Services, incorrect or untimely delivery of messages from the User, removal or loss of any - any personal or other information of the User, unless otherwise specified by the User under this Agreement. However, the Site Administration is committed to taking all reasonable steps to prevent such disruption.
2.6. All Content posted on the Site is subject to the exclusive rights of the Site Administration, the Trading Partners and other rights holders. All rights to the Content are protected by intellectual property law.
2.7. This Agreement is posted on the Site. Your use of the Site is only subject to the terms and conditions set out in this Agreement. The User agrees to cease using the Site in case of disagreement with any terms of the Agreement and / or in case of non-compliance of the individual with the definition of the term "User", which is given in clause 1.8. of this Agreement.
2.8. By accessing the Site and thereby entering into this Agreement, the User warrants that he has all the rights and powers (including possession of the capacity to the extent necessary to carry out the relevant agreement) necessary for the conclusion and implementation of this Agreement. 3. TERMS AND CONDITIONS OF REGISTRATION ON THE SITE
3.1. Use of the full functionality of the Site and its Services (including commenting and / or posting of feedback) is allowed only after the User completes the Registration on the Site and Authorization on the Site in accordance with the procedure established by the Administration of the Site. Registration on the Site means the full and unconditional acceptance by the User of the provisions of this Agreement and other documents regulating the activity of the Site.
3.2. The user goes through the Registration process on the Site by filling in the registration form at https://www.starsbeans.com.ua
3.3. When registering on the Site, the User must specify:
3.3.1. Name and surname.
3.3.2. Email address.
3.3.3. Phone number.
3.4. When registering on the Site, the User at will indicate:
3.4.1. City of residence.
3.4.2. Delivery address.
3.5. When registering on the User's Site and instructing the User of registration and personal data, the User is fully responsible for their accuracy, relevance, completeness and compliance of the information provided during the Registration on the Site with the current legislation.
" .ua ", other documents) and consent to the processing of your personal data. Further, after clicking on the "Sign up" button, the e-mail address specified by the User upon registration on the Site is sent a message containing the link to which the User must go in order to confirm the Registration on the Site, as well as the e-mail address, password which can be changed by the User at any time in the Personal Cabinet.
3.7. Registration on the Site is considered to be completed at the moment of confirmation by the User of his e-mail address by clicking on the link sent to the e-mail address of the User specified by the User at registration on the Site.
3.8. For each User who logs on to the Site, a unique Account and Personal Account are created to access the Site Services.
3.9. A user who logs on to the Site logs in to the Private Cabinet by passing an Authorization - entering his e-mail address or telephone and password, by automatically logging in using cookies.
3.11. The user has no right to transfer his / her login and / or password to third parties, bears full responsibility for the security of his / her login and password, for their preservation, independently choosing the method of their storage, as well as for all actions made using his / her login and password, and for any consequences that may or may have caused such use (including, but not limited to: use licensed antivirus software, use complex alphanumeric combinations when creating a password, not make available to third parties a computer or other equipment with the User's login and / or password, etc.).
3.12. The Administration of the Site is not responsible for the loss of the User of his Registration Data, including due to fraudulent actions of third parties.
3.13. In the event that the Site Administration establishes fraudulent actions against the Third Party Private User, resulting in damage to the User, the Site Administration shall not be liable for the losses incurred by the User.
3.14. The Site Administration strongly recommends that the User, when registering on the Site, provide the personal phone number, and in case of any changes, immediately notify the Site Administration about the changes that have occurred.
3.15. By specifying a personal phone number when registering on the Site, the User enjoys the following advantages:
i). ability to regain access to the Private Cabinet (reset password when losing access to e-mail);
ii). Authorization by telephone number;
iii). possibility to receive SMS messages during password recovery.
3.16. If it is impossible to perform the Authorization due to the loss of the password, the User should fill out the form "Password Recovery", specifying his e-mail address or telephone number, which the User specified during registration on the Site. After clicking on the "Send" button, a link will be sent to the email address specified by the User, which will be used to reset the password and / or the password specified by the User will be sent. If it is impossible to perform the Authorization in connection with the loss of password, blocking of the Personal Cabinet, and for other reasons, the User has the right to contact the Site Administration by sending a letter to the e-mail of the Site Administration specified in section 14 of this Agreement.
3.17. Ways to restore access to the Personal Cabinet, User Authorizations may be changed, canceled or supplemented by the Site Administration unilaterally at any time without the need for prior notification of the User. 4. THE RIGHTS AND OBLIGATIONS OF THE USER, PURCHASE AND ADMINISTRATION OF THE SITE
4.1. User has the right to:
4.1.1. Independently study the Ads and other materials on individual Trading Partners on the Site and use them for their needs.
4.1.2. Share Referral Links on Trading Partners on Social Networks.
4.1.3. To purchase the Goods under the terms and conditions provided for in this Agreement.
4.1.4. Obtain contact information about the Trading Partner in accordance with applicable law.
4.1.5. Contact the Site Administration regarding the use of the Site Services, as well as refer the complaint to other users at the address specified in section 14 of this Agreement.
4.1.6. Receive letters, mailings, SMS messages to your e-mail address and / or telephone number provided when registering on the Site.
4.1.7. Edit your personal account, add information about yourself.
4.2. The user is obliged to:
4.2.1. To accept unconditionally, without modification and in full the terms of this Agreement, independently monitor daily the current edition of this Agreement, all changes and additions made to it, and in case of disagreement with the current edition of this Agreement, or with its amendments or additions - immediately stop any use of the site.
4.2.2. Meet the conditions set out in 1.8. of this Agreement.
4.2.3. Carefully study the Site information about the Product and its Price.
4.2.4. Provide your e-mail address and / or telephone number when registering on the Site, thereby agreeing to receive the Order's emails and / or the order's SMS.
4.2.5. Observe, when using the Site, the requirements of applicable law, this Agreement and all other documents governing the operation of the Site.
4.2.6. Use the Site in a manner that does not violate applicable law and this Agreement.
4.2.7. Respect and not violate the rights and freedoms of third parties.
4.2.8. Do not take any action that may result in a disproportionate load on the Site.
4.2.9. Do not copy, reproduce, modify, distribute or submit works, information contained on the Site
without the consent of the Site Administration.
4.2.10. Observe the proprietary and non-proprietary rights of authors and other copyright holders while using the Site.
4.2.11. Do not disseminate through the Site any confidential or proprietary information of individuals or legal entities.
4.2.12. Do not take any action that is aimed at disrupting the normal operation of the Site or its individual Services.
4.3. The Site Administration has the right to:
4.3.1. At any time, unilaterally, without any specific notice to the User, to modify and / or supplement the terms of this Agreement. The Agreement as amended and / or amended in this way shall enter into force immediately upon its publication on the Site, unless otherwise agreed by the Administration of the Site;
4.3.2. Edit and delete comments, including but not limited to, User comments, in violation of the applicable law and / or this Agreement by the User.
4.3.3. To block temporarily or permanently the Personal Cabinet of any User in case of repeated violation of the relevant legislation and / or this Agreement by the User, if the User does not have a concluded and unfulfilled purchase and sale agreement with the Trading Partner at the moment.
4.3.4. Temporarily limit the possibility of ordering the Goods in the Personal Cabinet of any User in violation of the relevant legislation and / or this Agreement by the User, including if the User has currently concluded and failed sales and purchase agreements with a Trading Partner.
4.3.6. To send news, sms-messages, and other useful information on the basis of e-mail addresses and phone numbers provided by Users when registering on the Site.
4.3.7. To exercise their other legal rights and to defend their interests in any lawful manner.
4.4. User is not allowed to:
4.4.1. Use any devices, programs, procedures, algorithms and methods, automated devices, or equivalent manual processes to access, purchase, copy or track the Content of the Site.
4.4.2. By any means, bypass the Site's navigation structure to obtain or attempt to obtain any information, documents or materials by any means not specifically provided by the Services of this Site.
4.4.3. To provide unauthorized access to the features of the Site, any other systems or networks
belonging to this Site, as well as to any Services offered on the Site.
4.4.4. Violate the security or authentication system on the Site or any network belonging to the Site.
4.4.5. Reverse search, track, or attempt to track any information about any other Site User.
4.4.6. Use the Site and the Content of the Site for any purpose prohibited by applicable law, and to instigate any illegal activity or other activity that violates the rights of the Site Administration or other persons.
4.4.7. Give your third parties the login and / or password used to access your Personal Account;
4.4.8. It is illegal to download, store, publish, distribute and share and / or otherwise use the intellectual property of third parties.
4.4.9. Unlawfully collect and process the personal data of others.
4.5. If the User provides incorrect or incomplete information, or the Site Administration has reason to believe that the information provided by the User is incorrect or incorrect, the Site Administration has the right, at its sole discretion, to block, suspend and / or refuse the User to use his login and password, and to prohibit the use of the Personal Cabinet, access to the Site Services and other features of the Personal Cabinet.
4.6. Receiving sms and emails, any other mailing is voluntary. When processing personal data of the User, the Site Administration is governed by the applicable law, including the legislation on personal data, about advertising. The User may at any time refuse to receive letters, any other mailing, by clicking on the unsubscribe link that is present in each outgoing letter of the Site Administration. In this case, the User's e-mail address will be automatically removed from the distribution base. To refuse to receive SMS messages, the User sends a letter to the Site Administration at [email protected]
In this case, the User's phone number will be removed from the SMS sending base within 5 (five) business days.
4.7. The Site Administration does not assume any responsibility for visiting and using by the User of other sites, links to which are placed on the Site.
4.8. The Buyer, when acquiring the Product, has all the rights and obligations in accordance with the current legislation on the protection of consumer rights, with the other party in these legal relations is the Trading Partner.
4.9. The buyer has the right to:
4.9.1. To exchange comments and / or private messages during the discussion of the Order with the Trading Partner, as well as to leave comments and feedback on the Site in accordance with the requirements stipulated in Section 5 of this Agreement.
4.9.2. Leave comments and rating to the Trading Partner after the Buyer has used the offer of specific Trading Partners.
4.9.3. To receive in the Personal Cabinet, as well as on the remaining requisites, the necessary documentation on the completed and executed Orders.
4.9.4. To send directly to the Trading Partner through the Personal Cabinet a notification on the refusal to execute the contract of sale in connection with the breach of the Trading Partner with the obligation to deliver the Goods within the prescribed period.
4.10. The buyer is obliged to:
4.10.1. After selecting the Product, as well as the method of its payment and delivery, enter in the form of the Order of the Product reliable data.
4.10.2. Compensate for losses to the Trading Partner and / or Site Administration in the event of such fault due to the Buyer.
4.10.3. Provide, at the request of the Site Administration, the information and documents necessary to identify the Buyer as a party to this Agreement, including when sending to the Site Administration the applications, communications, etc.
4.10.4. The Buyer shall also be subject to all rights, obligations and restrictions set forth in clauses
4.1-4.2 and clauses 4.4-4.7 of this Agreement. 5. REQUIREMENTS OFFERED TO FEEDBACK AND COMMENTS ON THE SITE
5.1. Comments, as well as comments on the advertisements placed by the User on the Site through the Personal Cabinet and are published on the Site without making any payment. However, the Site Administration has the right to delete a comment or comment on the Announcement if the response or comment does not meet the requirements of this Agreement. Messages that the User and the Trading Partner exchange with each other are posted by the User on the Site through the Personal Cabinet, are not published on the Website in the public domain, and are published on the Site only in the Personal Cabinet after approval by their Site Administration and without payment for such publication.
5.2. By posting reviews and / or comments on the Site, the User makes the Information contained therein public and understands that the posted information is published on the Site in the public domain, that is, accessible to the unlimited circle of persons on the territory of all countries of the world where it is possible to use the network Internet and access to the Site. User understands and accepts all risks associated with the indication in the Contact Information, including, but not limited to: the risk of getting an email address into the lists for sending spam messages, the risk of getting an email address in all sorts fraudsters, the risk of a phone number getting into SMS spammers and / or SMS fraudsters, and other risks arising from such posting of information.
5.3. The user is solely responsible for the content and form of the feedback posted and / or commented on the Site. The User warrants that the reviews and / or comments contain Information that is fully true and that their contents are in accordance with applicable law and this Agreement.
5.4. If the User's reviews and / or comments are copyrighted or include in their publication, the User allows the Site Administration to use them in any way, including by reproduction, distribution, translation, public performance, public display, broadcast and cable, publicizing without limitation by territory and term of use.
5.5. You may not post reviews and / or comments on the Site that:
i). defamation and insult, false information;
ii). contain indecent information;
iii). offer Goods whose circulation is prohibited or restricted by applicable law;
iv). include Personal Information, Third Party Personal Information, Personal and Family Secrets;
v). contain state secrets and other confidential information;
vii). contain statements of extremist nature;
viii). contain appeals to mass disorder, participation in mass (public) events conducted in violation of the established order;
ix). include links to sites and pages on the Internet that are contrary to applicable law;
x). containing spam and trolling.
5.6. The Site Administration has the right to delete any reviews and / or comments at its discretion in case of violation of the relevant legislation, this Agreement and other documents regulating the activity of the Site by the User. 6. ORDERING AND PAYMENT
6.1. The product offer in the Announcement, placed by the Trading Partner, is the official public offer of the Trading Partner addressed to Buyers-individuals to conclude a contract of sale for the Goods.
6.2. The order of the Goods is executed by the Buyer independently on the Site through his Personal Cabinet. To place an Order, the Buyer must:
i). register and login on the Site;
ii). to select the necessary Product by clicking on the image of the respective Announcement, and then the button "Buy" or "Add to cart";
iii). specify the number of Goods;
iv). click on the button "Make an Order" and fill in the Order Form (specify contact information, delivery address, choose a payment method, fill in other fields of the form);
v). click on the "Checkout" button.
The contract of sale between the Buyer and the Trading Partner is considered concluded from the moment of clicking on the button "Make Order".
6.3. The buyer has the right to place an order for any Goods presented on the Site and available. The quantity of the Goods available for the Order shall be indicated in the Announcement.
6.4. After the order has been completed, a letter stating the names of the selected Products, their quantity and the total amount of payment is sent to the Buyer's e-mail address.
6.5. The Buyer who has issued the Order is given the opportunity to pay for the Goods (including their delivery, in the manner stipulated by the Trading Partner) in one of the ways offered by the Trading Partner in its Announcement.
6.6. Marked on the Site The price of the Goods and the cost of delivery of the Goods cannot be changed after the order by the Buyer of the Goods on the Site.
6.7. The Buyer has the right to withdraw from the Product at any time before its delivery, and after the delivery of the Product within the period specified by the Trading Partner in its Announcement.
6.8. The rules for the return of the Goods sold by the Trading Partner, as well as the provisions for the refund of the funds paid to the Buyer, are set by each respective Trading Partner independently within the current legislation and are published on the Trading Partner's page. 7. RESPONSIBILITY OF THE SITE AND USER ADMINISTRATION
7.1. The Site Administration assumes no responsibility for any Trade Partner or Third Party Advertisements posted on the relevant Trading Partner's site and does not make any warranty as to any Content, its accuracy, relevance or authenticity.
7.2. All information and all Content (whether or not this information and / or Content equates to personal and / or other data subject to protection under applicable law or not), posted (reproduced, made public) User on the Site, placed by him for the purpose of execution of the Order, as well as Registration on the Site and creation of the Personal Cabinet, are placed by the User in his interests, including for establishing communication and legal relations with the Trading Partner, third entities and / or identification of the User.
7.3. The Administration of the Site is not responsible for the quality, safety and any other consumer properties offered for sale of the Goods, as well as for the lawfulness of their sale.
7.4. The User undertakes to fulfill in good faith the obligations undertaken before the Site Administration and the Trading Partner in case of concluding with the last contract of sale.
7.5. The Site administration is not responsible for any actions of other Users and / or Buyers, Trading Partners or third parties using the Site, as well as for any consequences of such actions.
7.6. The Trading Partner shall be responsible for the refusal of the Trading Partner to fulfill the obligations under the concluded sales contract.
7.7. The user is solely responsible for its own actions and omissions when using the Site in accordance with applicable law.
7.8. User agrees to terminate the use of the Site in case of disagreement with any terms of this Agreement and / or if the individual does not comply with the definition of the term "User", which is given in clause 1.8. of this Agreement. In the event of violation of the above conditions of this Agreement, the liability (both property and non-property) for such violations (both actions and inactivity) shall be borne by or the User (including the person who, not complying with the definition of the term "User" mentioned in clause 1.8. of this Agreement, exercised the rights and assumed the responsibilities of the User), or its parents, adoptive parents, guardians, guardians, other bodies and organizations, which are responsible for such an agreement.
Also, under applicable law, these individuals are responsible for damage caused by a minor User of the Site Administration, a Trading Partner and / or other Users while using the Site.
7.9. If an adult User has any restrictions related to the ability to place an Order and to purchase Goods on the Site, then all responsibility (property and non-property) for the actions and / or omissions of such User on the Site lies with his parents, adoptive parents, guardians, trustees, other bodies and organizations responsible for the agreement made by such person.
7.10. The Site administration is not responsible for:
i). delays, malfunctions and interruptions in the provision of the Services caused by technical disruptions in the operation of the equipment and / or the Software;
ii). any damages which the User may incur in the case of intentional or negligent breach of any provision of this Agreement, as well as as a result of unauthorized access to communications of another User;
iii). actions of transfer systems, banks, payment systems and for delays related to their work;
iv). the proper functioning of the Site in the event that the User does not have the necessary technical means to use it and has no obligation to provide users with such means;
v). the quality of the Goods the Ads of which are placed on the Site.
7.11. The Website may contain links to Internet sites (hyperlinks, banners, etc.) and any Content owned by third parties. The Site Administration is not responsible for any information posted on third-party sites to which the User has accessed through the Site. 8. USE OF THE SITE AND INTELLECTUAL PROPERTY
8.1. The Site Administration informs the User who has the right to use the Site with the right to grant (sublicense) the use of the Site, the Software and / or other objects of intellectual property right located on the Site to third parties.
8.2. The Site Administration informs the User that it gives the User limited, non-exclusive, non-sublicensable and transferable, permission (non-exclusive sublicense), including all improvements, changes, patches, updates and future versions, for the use of the Site, Software and / or other intellectual property rights located on the Site, the rights of which belong to the Site Administration, as follows: personally use the resources and Services of the Site, including the Software, through the of the Personal Cabinet for the purpose of purchasing the Goods from the Trading Partner on the terms specified by the Trading Agent in their Announcements.
The Site Administration reserves all rights not granted to the User under the terms of this clause of the Agreement.
8.3. The Site Administration has no right to perform any other actions not specified in the non-exclusive permission (non-exclusive sub-license) regarding the Site, the Software and / or other intellectual property rights located on the Site, the rights of which belong to the Site Administration.
8.3.1. The User is prohibited unless otherwise expressly required by applicable law, and the User agrees:
i). sell, rent, lease or lease, export, import, distribute, sublicense to any third party, sublicense or otherwise grant third parties rights to the Site, the Software and / or other rights intellectual property located on the Site, the rights of which belong to the Administration of the Site;
ii). execute, coerce, permit or authorize changes, enhancements, translations, reverse engineers, decompile, disassemble, decipher, emulate, break security, restore or attempt to recover the source code or protocols of the Site and / or the Software, or any part of their functions, technical restrictions, and to create derivative products based on them (except as permitted by law);
iii). delete, hide or modify any Intellectual Property Rights Notices contained on the Site, the Software and / or other intellectual property rights located on the Site;
iv). use the Site, the Software and / or other intellectual property rights located on the Site (or any part thereof) in commercial products or services to provide or coerce such products or services to third parties. This provision does not prohibit the use of the Site, the Software and / or other intellectual property rights located on the Site (or any part thereof) for its own use, provided that such use does not contravene the conditions set out in clause 8.2. this Agreement;
v). in any way use the Site, the Software and / or other intellectual property rights located on the Site, the rights of which belong to the Site Administration, bypassing the established measures of their protection;
8.4. To obtain consent for the use of materials posted on the Site, you must contact the Site Administration via a form of feedback to the Personal Office or send an e-mail to the site administration specified in section 14 of this Agreement.
8.5. Criminal and civil liability is envisaged for copyright infringement. Any violations are prosecuted by the Site Administration. 9. CONFIDENTIALITY AND PERSONAL DATA
9.1. By accepting the terms of this Agreement in order to comply with the requirements of the legislation of Ukraine on protection of personal data, the User grants the Site Administration permission (unambiguous and unconditional consent) to transfer, process, store his personal data (surname, name and surname, e-mail, telephone number, city of residence , employer names, work experience, and programming languages, etc.) made known to the Site Administration by user interaction with the Site, by any means, including but not limited to, by collecting, recording, flaws, storage, systematization, accumulation, adaptation, use, including through inclusion in the database of personal data of the Site Administration, transfer to third parties within their competence (provision, access), distribution, blocking, deletion. The User gives the permission (unambiguous and unconditional consent) of the Site Administration to distribute personal data in the cases directly stipulated by the legislation and only at the request of the authorized body for receiving such information or when the necessity of dissemination of the data in certain form and volume arises directly from the legislation.
9.1.1. A user who agrees to the terms of this Agreement agrees with the Site Administration to use his or her personal data to comply with the terms of this Agreement, comply with legal requirements, maintain accounting, prepare documents, and for any other purpose related to this Agreement.
9.2. The processing of personal data must be conducted by the Site Administration in accordance with the requirements of the legislation on protection of personal data. The stated consent to the processing of the personal data of the User is indefinite and does not depend on the term of this Agreement.
9.3. The user is informed of his rights as a subject of personal data. In particular, the User, as a subject of personal data, in accordance with the Law of Ukraine "On Protection of Personal Data", has the right: (i) to know about the sources of collection, location of their personal data, purpose of their processing, location or place of residence (stay) of the owner, or manager of personal data or to give appropriate instruction for receiving this information to his authorized persons, except in cases established by law; (ii) receive information about the conditions of access to personal data, including information about third parties to whom his personal data are transferred; (iii) access to their personal data; (iv) receive, no later than thirty calendar days from the date of receipt of the request, except in the cases provided for by law, a response to the processing or retention of his personal data, and to receive the contents of such personal data; (v) make a reasoned request to the holder of the personal data objecting to the processing of his personal data; (vi) make a reasoned request to change or destroy their personal data by any owner and manager of the personal data, if the data is processed illegally or is unreliable; (vii) to protect their personal data from unauthorized processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or timely disclosure, as well as protection against the provision of information that is inaccurate or degrading to honor, dignity and business reputation of an individual; (viii) to complain about the processing of their personal data to authorized persons or to court; (ix) apply remedies in case of breach of personal data protection legislation; (x) make reservations about restrictions on the right to process their personal data when giving consent; (xi) withdraw consent to the processing of personal data; (xii) know the mechanism of automatic processing of personal data; (xiii) in defense of an automated decision having legal effects on it.
9.4. This Agreement, as well as the documentation, data and any other information about the intellectual property and the Site, as well as access to the Site provided under this Agreement, constitute confidential information.
9.5. For the purposes of this Agreement, information and its content will not be considered confidential if such information is publicly available at the time it is made available or subsequently made publicly available by the party who did not receive the information and when the relevant information became known to the party before it was disclosed. was provided to her by the other party.
9.6. Each Party undertakes to use confidential information solely for the purpose of fulfilling its obligations under this Agreement and to make every reasonable effort to ensure that information is kept from unauthorized access by third parties.
9.7. Confidential information may not be disclosed to third parties, published or otherwise disclosed by the parties during the term of this Agreement and after its termination, regardless of the reasons for such termination.
9.8. Confidential information may be disclosed to third parties without the prior written consent of the disclosed party to the limited extent reasonably necessary in the following cases:
9.8.1. Upon receipt by a party of a written request from a competent public authority, the response to which requires the disclosure of confidential information.
9.8.2. In the case of a party's request to a public authority, where the latter's exercise of powers and / or performance of duties is impossible without the presence of data that constitutes confidential information.
9.8.3. When providing confidential information to authorized representatives of the parties, to the extent necessary for the performance of their duties, and only upon prior notification that this information is confidential.
9.8.4. To confirm intellectual property rights and / or access to the Site.
9.8.5. To fulfill the obligations under this Agreement;
9.8.6. When using confidential information to obtain banking services (to the extent sufficient for the Bank to service the Party).
9.8.7. In case of a User who has purchased the Goods from a Trading Partner and / or to resolve issues that may arise regarding information about the Goods / Products within the scope of the Law of Ukraine "On Consumer Protection" and the Law of Ukraine "On E-commerce".
9.8.8. In other cases where disclosure is required by applicable law.
9.9. In the event of such disclosure of confidential information that does not comply with the terms of this Agreement, the guilty party shall be liable in accordance with the applicable law. 10. SETTLEMENT OF DISPUTES, ORDER OF CLAIMS
10.1. The Site Administration makes every effort to prevent any violation of the rights of any person on the Site.
10.2. If a person believes that the Administration of the Site in any way violates his rights, he may, for pre-trial settlement of the conflict arising, contact the Administration of the Site by sending a complaint via email or through a form of feedback in the Personal Cabinets.
10.3. The claim must be scanned with a signature from either the person who believes that its rights have been infringed or its authorized representative to the email address of the Site Administration specified in section 14 of this Agreement.
10.4. The claim must include the following information:
i) information about the person who filed the claim and believes that his / her rights have been violated (full name, passport data, place of residence);
ii) if the claim is signed by the authorized representative of the person who believes that his rights have been violated, it is necessary to provide information about such person and the authorized representative of such person (full name, passport data, place of residence), as well as to add a scanned copy of the document confirming the representative's authority );
iii) what rights have been violated and what exactly has been the violation of rights;
iv) in what actions of the Site Administration the violation of rights was expressed;
v) a page of the Site on which, in the opinion of the claimant, its rights have been violated;
vi) contact details for contacting the person who believes that their rights have been violated, and / or contact details of their representative (postal address, telephone number, e-mail address, Skype nickname, if any, etc.);
vii) the date and signature of the person making the claim or his authorized representative.
10.5. Within 30 (thirty) calendar days from the date of receipt of the claim, the Site administration shall notify the person who made the claim in writing of the results of consideration of such claim.11. VIOLATION OF THE TERMS OF THE AGREEMENT
11.1. The Site Administration has the right to disclose any information collected about the User of this Site, if such disclosure is necessary in connection with the investigation or complaint about the misuse of the Site or for the establishment (identification) of the User, which may violate or interfere with the rights of the Site Administration or rights of other Users.
11.2. The Site Administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of applicable law or court decisions, as well as to ensure compliance with the terms of this Agreement, protection of rights or security.
11.3. The Site Administration has the right without prior notice to the User to suspend and / or block the access of the User to the Site if the User violates the terms of this Agreement or the conditions of other documents regulating the activity of the Site, conditions of use of the Site, as well as in case of termination of functioning of the Site or due to technical malfunctions and / or problems, the obligations under the Purchase and Sale Contracts between the User and the Trading Partner must be fulfilled. 12. TERMINATION PROCEDURE OF THE AGREEMENT AND THE CONSEQUENCES OF SUCH TERMINATION
12.1. User, at any time, for any reason, including in the event of non-acceptance of changes to the terms of this Agreement proposed by the Administration of the Site after its acceptance by the User, unilaterally and without going to court, may terminate this Agreement. To do this, you must send a request to the Site Administration to close its Personal Cabinet and to refuse to use the Site Resources.
12.2. The Site Administration may, at any time, unilaterally and without recourse to a court of law, terminate this Agreement or suspend or suspend and / or restrict and / or block the use of the Site Resources by the User, prohibit (block) access to the Personal Cabinet and Site Resources by notifying the User in advance:
- immediately if the User has violated the terms of this Agreement;
- immediately if the Site Administration reasonably suspects that the User is using the Site Resources to violate the law or rights of third parties;
- immediately if the Site Administration reasonably suspects that the User is using the Site Resources fraudulently or a third party is using the Site Resources and / or the User's Cabinet fraudulently;
- Immediately if the Site Administration deems it to be required by amended laws or regulations, an adverse interpretation of the laws or regulations, the position of the competent authority, etc.
12.3. The Site Administration terminates this Agreement by denying the User or third party access to the User's Personal Cabinet and / or Site Resources. In this case, the User's Personal Account may be deleted by the Site Administration.
The Site Administration is not responsible for refusing to grant access to the Site Resources to persons whose Personal Cabinet has been removed for the reasons specified in clause 12.2 of this Agreement.
12.4. Upon termination of the User's relations with the Site Administration, (i) the non-exclusive permission (non-exclusive sub-license) granted to the User under the terms of this Agreement to use the Site, the Software and / or other intellectual property rights located on the Site shall be immediately terminated; (ii) The User immediately disclaims any use of the Site Resources, Software and / or other intellectual property rights located on the Site. 13. FINAL PROVISIONS
13.1. This Agreement shall enter into force upon its publication on the Site and shall remain in force until terminated by the Administration of the Site.
13.2. The terms and conditions of the User Agreement may be modified and / or supplemented by the Site Administration at any time, unilaterally, at its sole discretion, without giving reasons and without the consent of any persons, and without any special notice to the User. The Agreement as amended and / or amended in this way shall enter into force immediately upon its publication on the Site, unless otherwise agreed by the Administration of the Site. The Site Administration strongly encourages Users to perform their duties and to regularly review the current terms of this Agreement for its amendment and / or amendment. Continued use of the Site by the User after making changes and / or additions to this Agreement means the full and unconditional acceptance and consent (acceptance) of the User for such changes and / or additions.
13.3. If for one reason or another one or more of the provisions of this Agreement are invalid or unenforceable, this does not affect the validity or applicability of the other rules and / or provisions of this Agreement.
13.5. The Site and its Services may be partially or completely inaccessible at one time or another as a result of preventive or other work, or for any other technical reasons, but not more than 24 (twenty-four hours). The Site administration has the right to carry out the necessary preventive or other work at one time or another at its own discretion with or without prior notice to users.
13.6. This Agreement is concluded in accordance with the substantive law of Ukraine.
13.7. By agreeing to the terms of this Agreement, the User acknowledges that he has received in full all necessary information from the Site Administration provided by the legislation on consumer protection.
13.8. The Site Administration reserves the right to unilaterally change the terms of the non-exclusive permission (non-exclusive sub-license) to use the Site, the Software and / or other intellectual property rights located on the Site, the rights of which belong to the Site Administration, to impose additional restrictions, to refuse from this non-exclusive permission (non-exclusive sub-license) (revoke it) at any time, in the manner provided by this Agreement, whereby the latter shall terminate, etc. Notices of changes to the terms of this Agreement, cancellation of a non-exclusive sub-license or modification of its terms will be posted by the Site Administration on the Site. Changes will take effect upon their posting (publication) on the Site, unless otherwise specified by the date of their posting (publication). The User understands and agrees that its explicit acceptance of changes to the terms of this Agreement or the use of the Site Resources after the date of publication on the Site of such changes signifies the consent of such User to change the terms of this Agreement. The Parties recognize the legal importance of this form of will under this Agreement. If the User does not accept the modified terms of this Agreement, he or she may terminate this Agreement in accordance with the procedure provided for in Section 12 of this Agreement.
13.9. The Site Administration reserves the right at any time, at its sole discretion, to improve, modify, correct, update versions of the Site.
13.10. This Agreement is set out in Ukrainian in electronic form and posted on the Site. 14. DETAILS OF SITE ADMINISTRATION
Email: [email protected]