Offer to conclude a contract for the site and services
December eighteenth, two thousand and twentieth year.
Initial review of information about the Revieweek™ Service that is publicly available on the website Online reviews | Revieweek (revieweek.com)with any pages of this site implies your full and unconditional consent to the terms of the license agreement, and as a consequence, to the terms of this Offer in the aggregate. In case you do not intend to observe the copyrights, exclusive rights to the results of intellectual activity and means of individualization (software, visual and informative design and content of the website, trademark, etc.), we kindly ask you to stop using this website.
Revieweek™ by posting on the website Online reviews | Revieweek (revieweek.com) addresses to any legal entities and individuals this offer (hereinafter - the Offer) to conclude the Agreement, which contains all the essential conditions of the license agreement and the contract for the provision of services (mixed agreement), expresses the will of the Administration to enter into a mixed agreement under the conditions specified in the Offer with any legal entity and an individual who responds (hereinafter - the User).
1. TERMS AND DEFINITIONS
1.1 The parties have agreed that for the purposes of the Offer, the following terms and definitions shall have the following meaning:
- "Offer" - this offer, which contains all the essential terms of the contract of paid services and the license agreement (mixed agreement), expressing the will of the Administration to enter into a mixed agreement under the conditions specified in the Offer with any legal entity and an individual who responds. Hereinafter the Offer also means the Agreement itself.
- "Treaty" - a mixed contract containing essential and other conditions of the contract for the provision of services and the license agreement, recognized as concluded at the moment of receipt by the Administration Acceptance, i.e. at the moment of the beginning of the use by the visitor of any information and services of the Service, including an initial familiarization with the information about the Service, which is publicly available on the site Online reviews | Revieweek (revieweek.com)registration in the Service, payment for services.
- "Acceptance" - the response of any entity or individual to fully and unconditionally accept the Offer, given by starting to use any information, service of the Service called Revieweek™ at Online reviews | Revieweek (revieweek.com).
- "Administration" - is the owner and copyright holder of the exclusive rights to the Service through which it provides the Services and to any materials used in the provision of the Services (reviews, photos, design elements, etc.).
- "User" - any legal or natural person who has shown interest in the Service and the Services by logging on to the site Online reviews | Revieweek (revieweek.com).
- "Corporate user", "Company" - such User (legal entity, individual entrepreneur, taxpayer of professional income tax), which carries out entrepreneurial activities, i.e. independent, risk-based activities aimed at systematic profit making from the use of property, sale of goods, performance of works or rendering of services. Can be a manufacturer, performer, seller, an organization authorized by the manufacturer (seller) or an individual entrepreneur authorized by the manufacturer (seller), importer, owner of an aggregator of information on goods (services). For example, services for food delivery, online education, car or ticket rental, online job search, ratings of credit organizations and their products (rating of MFIs, loans, credit and debit cards).
- "Consumer" - user is a natural person who intends to order or purchase or who orders, purchases or uses goods (works, services) solely for personal, family, household and other needs not related to business activities. It is also a consumer.
- "Service", "Site" - called Revieweek™, software for providing Services (exchange of information between the Administration and Users about manufacturers, performers, importers, sellers, owners of information aggregators, organizations authorized by the manufacturer (seller) or authorized by the manufacturer (seller) individual entrepreneurs, their goods, services and works, advertising and search for goods, works and services), access to which the Administration temporarily provides the User at Online reviews | Revieweek (revieweek.com). Is a complex object, the creation of which is organized by the Administration. Designed to work on computers, smartphones, tablets and other devices of the User, designed for different platforms. It includes the User's personal account, the Site Online reviews | Revieweek (revieweek.com), databases, software codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, information, texts, graphic elements, images, photos, audio and video materials and other results of intellectual activity. Exclusive rights to the Service and any of its components belong to the Administration as the copyright holder or licensee by law, contract or other transaction. The User's access to the features of the Service is carried out after a free Registration, within the selected Tariff.
- "Services" - services of the Administration to provide access to the Service under a license agreement, information and advertising services.
- "Tariff" - the User's chosen amount of access to the features of the Service, provided on a reimbursable or non-reimbursable basis. A detailed description of the Tariffs is available at the website address in the section: Rates and prices | Revieweek™ (revieweek.com).
- "Content" - any materials of the Service available to the User.
- "User-generated content" - information, comments, feedback, reviews or other materials that the User posts on the Site after Registration. The rights to non-exclusive, perpetual, irrevocable, without territorial limits, free or commercial use of User Content (publication, display, reproduction, modification, creation of derivative works) are transferred to the Administration from the moment it is posted on the Site.
- "Review," "Comment, "Testimonial" - a work created by the Administration or the User specifically for use on the Service, which is an object of copyright.
- "Registration" - procedure in the course of which the User provides reliable data about him/herself in the form approved by the Administration, as well as creates a login and password. Registration is considered complete only when the User has successfully completed all of its stages, including the activation of the Personal Account, which is carried out by clicking on the unique code sent to the email address and/or cell phone number specified by the User. Instead of registration, the Service may propose an initial authorization through a third-party web service, as a result of which the Administration will receive a token which identifies the User. The same User cannot be registered on the Service more than once. During the Registration process, the User chooses a User name, which will be displayed when writing Reviews and Comments, creating other User Content. The User Name shall not be offensive, contain characteristics relating to third parties, including names of famous persons or personal names, the rights to which do not belong to the User. The User guarantees that their username does not violate any rights (including intellectual property rights) belonging to third parties.
- "Token" - a unique set of characters that identifies the User in accounts of third-party web services (Microsoft Authenticator, Google Authorization, social networks, Google Play, Apple AppStore and others). The token allows an authorized connection to the Service using authorization through third-party web services.
- "My Account", "Account" - a customizable virtual workstation of the registered User in the Service, where the User, in particular, communicates with the Administration and other Users, through which the User orders Services, promotes its goods, works and services, searches for goods, works and services, access to which the User gets after identification by credentials (login and password). The User may have no more than one myAlpari. Changes in the name of the User may only be made by the Administration. To change the name of the User you must contact the Administration at .
- "Authorization" - the procedure in which the User enters his login and password in the designated fields in the form of the interface of the Service for the purpose of identification and determination of the credentials for access to the Personal Area and the functionality of the Service.
- "Verification" - identification and confirmation of the data entered by the User by confirming that the e-mail address or phone number entered during registration belongs to the User.
- "Personal data" means any information relating directly or indirectly to an identified or identifiable natural person ("personal data subject"); an identifiable natural person is one who can be identified directly or indirectly, in particular by reference to an identifier such as name, surname, patronymic (if any), identification number, individual tax number, bank details, year, month, date and place of birth, address, email address, telephone number, family, social
- "Statistics" - information about the use of the Service, as well as the viewing and/or use of some of its elements (windows, dialogs, interactive elements, web pages, frames, content, etc.) collected through the use of Counters, cookies, web beacons and other similar technologies.
- "Counter" - part of the Service, a computer program that uses a piece of code responsible for analyzing cookies, collecting statistical and personal data of this application. The Administration may use counters both proprietary and those provided by third parties under a limited license (license agreement), such as Google Analytics, Google Firebase, Yandex.AppMetrika and other similar counters. Counters collect personal data in an impersonal form.
- "IP address" - number from the numbering resource of the data network based on the IP protocol (RFC 791), which uniquely identifies the subscriber terminal (computer, smartphone, tablet, other device) or communication equipment included in the information system and belonging to the User when providing telematic communication services, including access to the Internet.
- "HTTP header" - a line in an HTTP message containing a colon-separated name-value pair. The HTTP header format follows the general ARPA network text message header format described in RFC 822.
- "Cash" - intermediate storage of data located on the User's device that is received from the Service and requested more often than others with the highest probability, which can be accessed from the cache at a much higher speed than sampling the original data from a remote source (such as a remote server or website).
- "Cookies", "cookies" - a small piece of data sent by a web server and stored on the User's device where the Counter is installed. Cookies contain small pieces of text and are used to store information about the browsing experience. They allow you to store and retrieve identification and other information on computers, smartphones, phones, and other devices. Cookie specifications are described in RFC 2109 and RFC 2965. Other technologies are used for the same purpose, including data stored by browsers or devices, identifiers associated with devices, and other software. In this Offer, all of these technologies are referred to as "cookies.
- "Web Beacons" - images in electronic form (one-pixel (1×1) or blank GIF images). Web beacons can help the Administration recognize certain types of information on the User's device, such as cookies, time and date of page view, and the description of the page where the web beacon is placed.
- "Messenger" - an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and/or used to receive, transmit, deliver and/or process electronic messages of Internet users (e.g. Skype, WhatsApp, Viber, etc.).
- "Checksum" - some mathematical value (sequence of symbols), calculated on the data set by applying a certain algorithm, used within the Offer to check the integrity (authenticity) of electronic files during their transfer or storage. For the purposes of the Offer the checksum calculation and verification are performed by using MD5 and SHA256 algorithms.
1.2 All other terms and definitions found in the text of the Offer shall be interpreted by the Parties in accordance with the law, the current recommendations (RFC) of international standardization bodies on the Internet and established in the Internet common rules of interpretation of the relevant terms.
1.3 Terms and definitions may be used in singular or plural depending on the context, and terms may be spelled either capital or small letters.
1.4 The titles of headings (sections), as well as the design of the Offer are intended solely for the convenience of using its text and have no literal legal meaning.
2. EFFECT OF THE CONTRACT
2.1 The Offer binds the Administration from the moment of its receipt by User. If the notice of withdrawal of the Offer is received earlier or simultaneously with the Offer itself, the Offer is considered not received.
2.2 The Offer received by the addressee cannot be withdrawn by the Administration until it is posted on the site Online reviews | Revieweek (revieweek.com) a new offer or information that the Administration does not intend to further enter into an agreement by means of a public offer.
2.3 The User responds by fully and unconditionally accepting the Offer (Acceptance) by starting to use any information and services of the Service called "Revieweek™" at the Internet address: Online reviews | Revieweek (revieweek.com). Reading the information on the pages of the site Online reviews | Revieweek (revieweek.com) is an Acceptance.
2.4 Acceptance means that User reads, agrees, fully and unconditionally accepts all terms and conditions of the Agreement as they are set forth in the text of the Offer. User is notified that Acceptance means conclusion of the Agreement under the terms and conditions set forth in the Offer.
2.5. The response sent to the Administration's e-mail of consent to enter into the Agreement on terms other than those proposed in the Offer is not an Acceptance. Such response is recognized as a rejection of the Acceptance and at the same time a new offer.
2.6 Contract shall be deemed to have been concluded at the moment of receipt of the Acceptance by the Administration, i.e. at the moment when the Administration became aware of the beginning of using any information and services of the Service (for example, determining from the IP-address of the User the fact of entering the page of the site).
2.7. If the notification about the withdrawal of the Acceptance was received at the e-mail address of the Administration before or simultaneously with the Acceptance, the Acceptance is considered not received by the Administration.
2.8 The contract is considered to be concluded if the Acceptance is received by the Administration before the posting on the site Online reviews | Revieweek (revieweek.com) a new offer or information that the Administration does not intend to further enter into an agreement by means of a public offer.
2.9. The Agreement comes into force from the date of conclusion and is valid for an indefinite period.
2.10. Either party has the right to terminate the Agreement by notifying the other party in writing at least ten (10) calendar days in advance.
2.11. In the event that any clause of the Agreement proves not to be literally enforceable and cannot be applied to the legal relations of the parties, it shall be interpreted in accordance with the applicable laws of the country of residence, taking into account the original interests of the parties, with the remainder of the agreement continuing in full force and effect.
3. TERMS AND CONDITIONS OF THE LICENSE AGREEMENT
3.1 The Administration, which has an exclusive right to the result of intellectual activity (Service) and means of individualization (trademark and service mark, commercial designation), has the right to use such result or such means at its own discretion in any way not contrary to the law. The Administration may dispose of the exclusive right to the result of intellectual activity or means of individualization.
3.2 The Administration may at its discretion allow or prohibit others, including Users, to use the result of intellectual activity or means of individualization. Lack of prohibition is not considered consent (permission).
3.3 Users may not use the relevant intellectual property or means of individualization without the consent of the Administrationexcept for the cases stipulated by this Agreement. The use of the result of intellectual activity or means of individualization, if such use is carried out without the consent of the Administration, is illegal and entails the responsibility established by the legislation of the country, except for cases when the use of the result of intellectual activity or means of individualization by persons other than the Administration without its consent is allowed by the legislation of the country.
3.4 The Administration may dispose of its exclusive right to the result of intellectual activity or means of individualization in any way that is not contrary to the law and the essence of such exclusive right, including by granting the User the right to use the relevant result of intellectual activity or means of individualization in the contractual limits (license agreement).
3.5 Conclusion of the license agreement does not entail the transfer of the exclusive right to the User.
3.6 Under the license agreement, one party - the Administration as the owner of the exclusive right to the result of intellectual activity or means of individualization gives the other party - the User the right to use such result or such means within the limits specified in the agreement.
3.7 The User may use the result of intellectual activity or means of individualization only within the limits of those rights and those methods which are stipulated in the license agreement. The right to use the result of intellectual activity or means of individualization, which is not directly specified in the license agreement, is not considered as granted to the User.
3.8 Granting the right to use the result of intellectual activity or means of individualization under the license agreement is not subject to state registration, unless otherwise provided by law.
3.9. The term for which the license agreement is concluded does not exceed the term of the exclusive right of the Administration to the result of intellectual activity or means of individualization and is equal to the term of this Agreement. In case of termination of the exclusive right, the license agreement shall be terminated.
3.10. Under the license agreement, the User undertakes to pay to the Administration the remuneration stipulated by the agreement and initially included in the price of the Services.
3.11. Under the license agreement, the Administration grants the User the right to use the result of intellectual activity - the Service.
3.12 The Service, its Content, its components and individual components (including but not limited to software, website, databases, programming codes, know-how, algorithms, design elements, fonts, logos, text, graphics and other materials) are the objects of intellectual property, protected by international law, any use of which is permitted only by permission of the Administration. The Administration solely owns all rights to the Service and its content, including, but not limited to, all copyrights, trademark rights, patent rights and other rights. These rights are not transferred to the User by right of ownership. The rights to non-exclusive, perpetual, irrevocable, without territorial restrictions, free or commercial use of the User's Content (publication, display, reproduction, modification, creation of derivative works) are transferred to the Administration from the moment it is posted on the Site.
3.13. The use of the result of intellectual activity or means of individualization in a way not provided by the license agreement, or upon termination of such agreement, or otherwise beyond the rights granted to the User under the agreement, entails the recovery of a fine of ____________________ (_____________) USD from the violator in favor of the Administration, unless otherwise provided for in this Agreement. If the unlawful use of such result and means contributed to the profit of the infringer, the infringer shall pay to the Administration a fine in the amount of ___ % of the infringer's revenue from the sale of goods (works, services) in violation of the intellectual property rights of the Administration for the entire period of its use of such result and means, unless otherwise provided for in this Agreement.
3.14. Rights, methods and limits of use of the result of intellectual activity by the User:
3.14.1 The User has the right to use the result of intellectual activity under a simple (non-exclusive) license, without territorial restrictions - while the Administration reserves the right to grant licenses to other persons.
3.14.2 Copying the content of the Service or parts thereof is permitted only for personal, noncommercial use, unless otherwise agreed with the Administration in writing or permitted by law.
3.14.3 The use of the Personal Area is available only to registered Users on an unlimited number of receiving devices, without limitation of the territory of use.
3.14.4 The User shall use the Service only for lawful purposes and in lawful ways, taking into account the laws of the country of residence and international norms.
3.14.5 The User is prohibited from any actions aimed at getting unauthorized access to the Service resources, personal account and other data of other Users. The User may not sell, lend and/or otherwise disclose the personal information of other Users to third parties, except when required by law.
3.14.6. User is prohibited to send mass electronic messages of commercial, advertising and other nature, not agreed (not requested) by the recipient of information through technical resources of the Administration ("spam"). Not considered as "spam" sending information with the consent of the recipient, with the possibility of unsubscribing. Electronic messages are any messages in electronic form, including e-mails, through personal accounts.
3.14.7 The User is prohibited from demonstrating discord, hostility, rudeness and provocation in relation to users of the Service and third parties, discussion of their personal, external, business qualities (except for polite discussion of business qualities of the Administration), political propaganda and agitation, promotion of weapons, alcohol, drugs, as well as distribution of other information, prohibited by the law of the country and norms of international law. Detailed information about what information is prohibited to post using the Service, you can get at the address: https://revieweek.com/rules/.
3.14.8 The User shall not cause damage to the Service, its components and any content during its use, as well as to the hardware and software, host machines of the Administration or other persons providing the Service.
3.14.9 The User may not (including not allowing anyone) modify, create derivative works, disassemble the Service into component codes, reverse-engineer, decompile or otherwise attempt to obtain the source program code of the Service or any part thereof, unless there is a written permission from the Administration to do so. Otherwise, the User is fully responsible for such actions, as stipulated by the Agreement, as well as the applicable law.
3.14.10. The User agrees that he will compensate the Administration for any losses incurred by the Administration in connection with the User's use of the Service in violation of this Offer and the rights of third parties (including intellectual, information, etc.).
3.14.11. The User agrees that the IP address of the User's device is recorded by technical means of the Administration, and in the case of illegal actions, including actions that violate intellectual property rights of third parties, the owner of the device determined by technical means of the Administration according to the IP address is responsible for these illegal actions.
3.15. Methods and limits of the User's use of the means of individualization:
3.15.1 No one has the right to use, without the Administration's permission, designations similar to the Administration's trademark with respect to the goods, for individualization of which the trademark is registered, or similar goods, if such use would result in the possibility of confusion.
3.15.2. Goods, labels, packages of goods on which a trademark or designation similar to the point of confusion is illegally placed shall be counterfeit. The Administration shall be entitled to demand that counterfeit goods, labels, packages of goods bearing an illegally used trademark or designation which is confusingly similar to it, be withdrawn from circulation and destroyed at the expense of the violator. Where the introduction of such goods into circulation is necessary in the public interest, the Administration shall be entitled to demand the removal of the illegally used trademark or designation similar to the point of confusion from the counterfeit goods, labels, packages of goods at the expense of the infringer. A person who has infringed the exclusive right to a trademark when performing works or providing services shall be obliged to remove the trademark or designation which is confusingly similar to it from the materials accompanying the performance of such works or provision of services, including documentation, advertisements, signs.
3.15.3 It is not an infringement of the exclusive right to trademark to use this trademark by others for goods which have been put into civil circulation in the territory of the country directly by the Administration or with its consent.
3.15.4 Trademark rules apply to a service mark, i.e. to a designation serving to individualize the work performed or services provided by the Administration.
3.15.5 The use of a commercial designation that may mislead as to whether the company belongs to the Administration, in particular designation confusingly similar to a trademark or an exclusive right protected commercial designation owned by the Administration, which had the exclusive right earlier, is prohibited. The person who has violated the rules of this subparagraph shall be obliged at the request of the Administration to stop using the commercial designation and compensate the Administration for the losses incurred.
3.15.6. A commercial designation included in a trademark is protected independently from the protection of the trademark.
3.16. The Administration reserves the right:
3.16.1. request electronic copies of documents from the User to identify the User. The Administration is also obliged to provide accurate contact information about the User at the request of registration institutions or law enforcement agencies in accordance with the law.
3.16.2 In order to avoid infringement of intellectual property rights of third parties, fraud and other unlawful actions, request from the User supporting documents to verify their registration data and provided information, which the User must provide to the Administration within 24 (twenty-four) hours from the moment of request. During such verification, the Administration may restrict the User's access to the Service.
3.16.3 In case the User violates the terms of the license agreement, terminate the User's access to the Service (including by blocking access through the IP address from which this User has registered or has visited the site the largest number of times) and delete their Personal profile with all their registration data unilaterally, without notice or reason, and without any compensation or reimbursement.
3.16.4. If the User does not use the Service for 12 (twelve) consecutive calendar months, terminate the Agreement unilaterally without a court order, delete the Personal account and all the registration data of the User without notice, compensation or reimbursement.
3.16.5 Establish any rules, limits and restrictions (technical, legal, organizational or otherwise) on the use of the Service, and change them at its sole discretion, without prior notice to the User. In cases where it is not prohibited by law, such rules, limits and restrictions may be different for different categories of Users.
3.17. The transfer of the exclusive right to the result of intellectual activity or means of individualization from the Administration to a new right holder is not the basis for the change or termination of the license agreement concluded by the Administration.
3.18. The User is obliged to provide the Administration with reports on the use of the result of intellectual activity or means of individualization at the request of the latter.
3.19. During the validity period of the license agreement, the Administration shall refrain from any actions that may hinder the User from exercising his right to use the result of intellectual activity or means of individualization within the limits set forth in the agreement.
3.20. The User may provide, or the Administration may request, data related to the Service, including, but not limited to, comments and suggestions related to the possible creation, modification, correction, improvement or expansion of the functionality of the Service or any other products and Services of the Administration (hereinafter - Service Feedback). The User acknowledges and agrees that any information disclosed by the Administration in connection with the Service Feedback is considered confidential information of the Administration, and will be protected from disclosure. For the use of the Service Reviews by the Administration, the User hereby grants a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right to use any information provided as a Service Review and to use, publish and disclose the Service Reviews in any manner chosen by the Administration, as well as to display, perform, copy, create, transmit to others to create, use, sell and use to others in any manner chosen by the Administration. The Administration receives the right to use the Testimonials for any purpose, without limitation or compensation of any kind to the User and its representatives. The User acknowledges that the information related to the Service disclosed by the Administration is intended solely for use as a possible strategy, development methodology or functionality of the Service and is not a commitment on the part of the Administration to follow specific business lines, production strategy or development methodology.
3.21. The Service contains or may contain computer programs that are licensed (or sublicensed) to Users under the GNU Public License or other similar Open Source licenses which, among other rights, permit Users to copy, modify, redistribute certain computer programs or parts thereof and to access the source code. If such a license provides source code to Users to whom a computer program is provided in executable binary code (object code) format, the source code is made available by making a request to the email address of the Administration. If any Open Source Software license requires that the Administration grant rights to use, copy or modify the Open Source Software beyond the rights granted by the contract, such rights shall prevail over the rights and restrictions stipulated in the contract.
4. TERMS AND CONDITIONS OF THE CONTRACT FOR THE RENDERING OF SERVICES
4.1 Under the agreement for paid services, the Administration undertakes to provide information and advertising services at the User's request, and the User undertakes to pay for these services.
4.1.1 Through the Service, Consumers have the opportunity to: create and post Reviews, Comments and complaints to express an opinion about the Corporate User and unregistered on the Service entrepreneur, their goods, works and services, including in the blog, participate in the rating of entrepreneurs; read Reviews, Comments and complaints of other Users, with Reviews, Comments and reviews of the Administration, including in the blog; find current information about the Corporate User, other entrepreneur, their goods, works and services
4.1.2 Corporate users through the Service have the opportunity to: read the Reviews of the Administration, Reviews and Comments about their products, works and services, including in the blog, their rating; promptly interact with Consumers to resolve claims; inform Users about themselves and their activities, update such information; publish promotions, bonuses, promo codes, promotional materials, work with analytics, sales recommendations; order personal advertising services.
4.2 A detailed description of the scope and prices of the Services is available at the website address in the section: Rates and prices | Revieweek™ (revieweek.com).
4.3. User makes out his assignment by paying for the Service of a certain price category within the time and in the manner specified in the section "Order of payment" of the Offer.
4.4. The administration is obligated to:
4.4.1 Provide the User access to the volume of Services according to the Tariff paid by the User, subject to the terms of the license agreement.
4.4.2. provide the Corporate User, at his/her request, with the opportunity to pay for the Services through the billing via myAlpari or email.
4.4.3. return to the User money, if the User has previously paid for the use of the site with a paid Tariff and applied for a refund in the manner specified in the "Settlement procedure" section of the Offer.
4.4.4 Provide written and verbal explanations regarding the use of the Service in connection with User requests.
4.4.5 To take all possible measures to ensure the quality and uninterrupted provision of the Services.
4.4.6. in case of self-discovery or at the normative and documented request of any person, remove the Review, Review, Commentary, or otherwise expressed thought that contains information to be removed as violating a federal law or a legally enforceable decision of a public authority. The relevant decision of a governmental authority must be reported to the Site Administration by the person interested in removing the information. If the Administration has taken part in the proceedings before a governmental authority, its knowledge of the decision of such a governmental authority is implied, and no separate documentation of the decision is required. When deleting, the Administration makes a mark "Deleted for violation of site rules. Copies of pages with reviews, feedback, comments, otherwise expressed thoughts made prior to the removal of words, images from the site, the Administration shall keep for 3 (three) years in case of claims from interested parties. Removal by the Administration of the site review, feedback, comment, otherwise expressed thought in whole or in part means the issuance of a person who posted such information, a warning about the violation of site rules (for all questions about removal, temporary withholding of information posted on the site please contact via the Personal Cabinet or by e-mail: [email protected].
4.5. The administration has the right to:
4.5.1 Provide Services either personally or by engaging third parties. The Administration does not need the User's consent to engage third parties.
4.5.2. at the end of the calendar month of provision of the Services to send to the Corporate User an acceptance certificate confirming proper provision of the Services in terms of volume, terms and quality, and demand from such User to sign this certificate or a written reasoned refusal to sign it.
4.5.3 Compile reviews with a description of works, goods and services of Corporate users and other entrepreneurs (whether they really exist, how to order and deliver goods, work, services, what is the content of their user agreements, the results of inspections by regulatory authorities, whether there are complaints and reviews on the Internet, etc.).
4.5.4 Request from the Users who address it or post information on the Website their identification documents, documents to confirm their words (for example, to confirm the purchase of goods from the organization about which the User left the Review, the existence of a license, a decision of the authorized body of state power), as well as the legal justification for the requirement to remove / post information with reference to the norm of federal law.
4.5.5 Block access to the Service for the User who has not confirmed his/her identity or the circumstances set forth in the Review, Comment, or complaint (if requested for such confirmation) without reimbursing him/her for advertising or other losses or damages.
4.5.6. at its sole discretion, remove in whole or in part any thought expressed that contains information that is deemed to be in violation of federal law or a governmental decision that directly contains such deletion (for example, removing only the portion of the Review that contains profanity).
4.5.7. offer the User to change their avatar ("user's picture"), which contains illegal information (such as calls for robbery and murder, naked body parts), to an avatar with legal information. If a user refuses to accept such an offer, the Site Administration indefinitely blocks that user's access to the site, without reimbursement for the cost of advertising on the site or other losses, damages.
4.5.8 In the case of double posting on the site of information which is prohibited by law or court order (violation of site rules), the Administration has the right to indefinitely block access to the site to the person who posted it, without compensation to that person the cost of advertising on the site or other losses, damages.
4.5.9 Demand compensation for losses (real damage and lost profits) incurred by the person who posted information in violation of federal law or a decision of a public authority as a result of such posting.
4.5.10. Seek the assistance of law enforcement and other public authorities to suppress, investigate violations of the law and this Agreement by the User, as well as to bring the guilty User to justice.
4.6. The user is obliged to:
4.6.1. pay for the Services of a certain price category within the terms and according to the procedure specified in the section "Procedure of payment" of the Offer.
4.6.2 At the end of the calendar month of rendering the Services, the Corporate User shall sign the Service Acceptance Act received from the Administration, confirming the proper provision of the Services in terms of volume, timing and quality, or send to the Administration a written reasoned refusal to sign.
4.6.3 Comply with laws on data protection, advertising, personal data, and other rules of law.
4.6.4. within 5 (five) calendar days to respond to the request of the Administration and (or) the Corporate User to request their identity documents and (or) based on the Review, Comment, complaint of the User (for example, to submit documents to confirm the purchase of goods, works, services).
4.7. The user has the right to:
4.7.1. to apply for a refund of money paid for the Services in the order specified in the "Order of payment" section of the Offer.
4.7.2 Contact the Administration for explanations of issues related to the use of the Service through myAlpari or by e-mail [email protected].
4.7.3. send recommendations to improve the quality of the Services to or email address of the Administration or in myAlpari. If such recommendations do not contain valid complaints with references to the norms of law, the Administration is not obliged to respond to them and implement them.
4.7.4 The Corporate User has the right to pay for the Services, including on the basis of an invoice issued through myAlpari.
4.8. User not has the right to post the following information on the Service:
4.8.1 Propaganda or agitation inciting social, racial, national or religious hatred and hostility; propaganda of war, war, violent acts, social, racial, national, religious or linguistic superiority.
4.8.2. on private life, personal and family secrets; secrecy of correspondence, telephone conversations, postal, telegraph and other communications.
4.8.3. expressing in an indecent manner, which offends human dignity and public morals, a clear disrespect for society, the state, the official state symbols of the country, the Constitution or the bodies exercising state power.
4.8.4. containing appeals to mass disorders, extremist activities, participation in mass (public) events held in violation of the established order, misleading information of public significance disseminated under the guise of reliable messages, which endangers the life and (or) health of citizens, property, threat of mass violation of public order and (or) public safety or threat of disturbance or disruption of life-sustaining facilities
4.8.5. confidential information, access to which is restricted by federal laws. Such information includes:
220.127.116.11. state secret
18.104.22.168. information about facts, events and circumstances of a citizen's private life that allow to identify his identity (personal data). In particular, it is prohibited to post on the site https://revieweek.com/ personal data of third parties (telephone numbers, registration addresses at the place of residence or stay, email addresses, bank card numbers, photos, etc.), photos of their property, correspondence and negotiations of third parties received from open or closed personal (not business) pages of third parties on the Internet, during private correspondence with them, not related to their business activities, from their relatives, friends WITHOUT written consent to such placement by these third parties. Exception: Individual taxpayer number of professional income tax, the main state registration number of an individual entrepreneur, name and patronymic of these persons, managers, founders, participants of legal entities, persons entitled to act on behalf of legal persons without power of attorney are not treated as confidential personal data. Administration of the site, registered on the site persons can use for reviews, feedback, comments, and other expression of opinion personal data of third parties to the extent not exceeding the amount of information about third parties contained in the publicly available public Information systems, directories (e.g., court file cabinets, address and telephone directories)
22.214.171.124. the secrecy of investigations and court proceedings, information about persons regarding whom a decision has been made to apply state protection measures, and information about state protection measures for these persons, if such information is not referred by law to information constituting state secrets
126.96.36.199. official secrets - official information, access to which is restricted by public authorities in accordance with the Civil Code and federal laws
188.8.131.52. information related to professional activities, access to which is restricted in accordance with the Constitution of the country and federal laws (medical, notary, lawyer secrecy, secrecy of correspondence, telephone conversations, postal, telegraph or other communications, etc.). The information posted on the site, obtained by individuals in the performance of their professional duties or by organizations in carrying out certain types of activities (professional secrecy), is not subject to deletion from the site, unless these persons are obliged by federal laws to keep such information confidential.
184.108.40.206. trade secret - information related to commercial activities, access to which is restricted in accordance with the Civil Code and federal laws
220.127.116.11. information about the essence of the invention, utility model or industrial design before the official publication of information about them
18.104.22.168. information contained in the personal files of convicted persons, as well as information on the enforcement of judicial acts, acts of other bodies and officials, except for information that is publicly available.
4.8.6. justifying or justifying the permissibility of violence and/or cruelty or encouraging violent acts against people or animals. Presented in the form of images or descriptions of cruelty, physical and/or mental violence.
4.8.7. with pornographic images, of pornographic nature, with images of naked persons, presented in the form of images or descriptions of sexual relations. Exception: objects of literature, art (cinema, theater, fine arts, etc.), openly used by organizations established by public authority.
4.8.8. on methods of production, use, cultivation, illicit trafficking of narcotic drugs, psychotropic substances and their precursors.
4.8.9. On ways of committing suicide, with calls to commit suicide.
4.8.10. A foreign mass media outlet that performs functions of a foreign agent and a legal entity established by it without indication that this information was created and (or) disseminated by such persons.
4.8.11. Justifying unlawful conduct.
4.8.12. containing obscene language, obscene and offensive images, comparisons and expressions, including those referring to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, coats of arms, anthems), religious symbols, cultural heritage sites (historical and cultural monuments) of peoples, and cultural heritage sites included in the World Heritage List.
4.8.13. Expressed in an indecent manner, while humiliating the honor and dignity of another person.
4.8.14. Encouraging children to commit actions that endanger their life and (or) health, including harm to their health, suicide, or the life and (or) health of others, or aimed at inducing or otherwise involving children in committing such actions.
4.8.15. which is capable of arousing in children a desire to use narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, nicotine-containing products, alcoholic and alcohol-containing products, to take part in gambling, to engage in prostitution, vagrancy or begging.
4.8.16. denying family values, promoting non-traditional sexual relationships and forming disrespect to parents and (or) other family members.
4.8.17. about the minor who suffered as a result of illegal actions (inaction), including surnames, names, patronymics, photo and video images of such minor, his parents and other legal representatives, date of birth of such minor, audio recording of his voice, place of his residence or temporary stay, place of his study or work, other information allowing directly or indirectly to identify such minor.
4.8.18. evoking fear, terror or panic in children, including in the form of images or descriptions in a humiliating form of non-violent death, illness, suicide, accident, accident or disaster and (or) their consequences.
4.8.19. containing objects of copyright and (or) related rights, or information necessary to obtain them using information and telecommunications networks, including the Internet. The right holder in case of finding such information placed on the website without his permission or other legal basis shall have the right to send to the Administration a statement about the violation of copyright and/or related rights (hereinafter referred to as the statement). The statement may be sent by a person authorized by the rights holder in accordance with the law. The application shall contain information about the right holder or a person authorized by the right holder (if the application is sent by such a person) (hereinafter referred to as the applicant). For an individual - full name, passport data (series and number, date of issue), contact information (telephone and (or) fax numbers, e-mail address); for a legal entity - name, location and address, contact information (telephone and (or) fax numbers, e-mail address); information about the object of copyright and (or) related rights placed on the site without the permission of the copyright holder or other legal basis; an indication of the page of the site, where the information containing the object of copyright and (or) related rights, or information necessary to obtain it using information and telecommunications networks is placed without the permission of the copyright holder or other legal basis; an indication that the right holder has the rights to the object of copyright and (or) related rights, placed on the site without the permission of the right holder or other legal basis; an indication that the right holder's permission to place information containing the object of copyright and (or) related rights, or information needed to obtain it using information and telecommunications networks; consent of the applicant to process his personal data (for the applicant - an individual). If the application is submitted by an authorized person, a copy of the document (in written or electronic form) certifying his/her powers shall be attached to the application. In the case of incomplete information, inaccuracies or errors in the application the Administration has the right to send the applicant a notice of clarification of the submitted information within 24 (twenty-four) hours after receipt of the application. This notice may be sent to the applicant once. Within twenty-four (24) hours from the receipt of such notice, the applicant shall take measures aimed at filling missing information, correcting inaccuracies and errors, and send the Administration clarified information. The Administration shall delete such information within twenty-four (24) hours from the date of receipt of the application or clarified information by the applicant. Exception: If the Administration has evidence confirming the legality of posting on the site information containing the object of copyright and (or) related rights, or information necessary to obtain it using information and telecommunications networks, the Administration is entitled not to take the above measures and is obliged to send the applicant a notice with the attached evidence. These rules apply equally to the right holder and the licensee who has received an exclusive license for the object of copyright and (or) related rights.
4.8.20. 4.8.20. which constitutes advertising of a product, the advertising of which is prohibited by this method, at this time or in this place, if it is carried out under the guise of advertising of another product, whose trademark or service mark is identical or confusingly similar to the trademark or service mark of the product, the advertising of which is subject to relevant requirements and restrictions, as well as under the guise of advertising of the manufacturer or seller of such product.
4.8.21. Forming a negative attitude towards persons who do not use the advertised products, or condemning such persons.
4.8.22. With an indication that the object of advertising is approved by state or local authorities or their officials.
4.8.23. Demonstrating the process of smoking tobacco or consuming nicotine-containing products or consuming alcoholic beverages.
4.8.24. Using images of medical and pharmaceutical workers.
4.8.25. indicating that the advertised product is produced using human embryo tissue.
4.8.26 With an indication of the therapeutic properties, i.e. a positive effect on the course of a disease, of the object of advertising, except for such an indication in advertising of medicines, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, medical devices.
4.8.27. Without essential information about the advertised product, about the conditions of its purchase or use, if this distorts the meaning of the information and misleads consumers of advertising.
4.8.28. Without specifying the cost indicators of the object of advertising in rubles.
4.8.29. In order to protect minors from abuse of their trust and lack of experience, advertising is not allowed:
- discrediting parents and educators, undermining minors' trust in them
- Encouraging minors to persuade their parents or others to buy the advertised product
- Creating in minors a distorted idea of the availability of goods for families with any level of income
- Creating the impression in minors that the possession of the advertised product gives them a preferential advantage over their peers
- formation of an inferiority complex in minors who do not possess the advertised product
- showing minors in dangerous situations, including situations that encourage them to commit acts that endanger their life and/or health, including causing harm to their health
- Understatement of the skills required to use the advertised product among minors of the age group for which the product is intended
- The formation of an inferiority complex in minors associated with their external unattractiveness.
4.8.30. Advertising goods, production and (or) sale of which are prohibited by law:
22.214.171.124. narcotic drugs, psychotropic substances and their precursors, plants containing narcotic drugs or psychotropic substances or their precursors and their parts containing narcotic drugs or psychotropic substances or their precursors, as well as potentially dangerous new psychoactive substances
126.96.36.199. explosive substances and materials, except for pyrotechnic products
188.8.131.52. human organs and (or) tissues as objects of purchase and sale
184.108.40.206. goods subject to state registration, in the absence of such registration
220.127.116.11. goods subject to obligatory certification or other obligatory confirmation of compliance with requirements of technical regulations, in case of absence of such certification or confirmation of such compliance, as well as works or services on assessment (confirmation) of compliance, including acceptance and review of documents required to perform these works and (or) services, carried out by persons not accredited in the national accreditation system (if such accreditation is required by law
18.104.22.168. goods whose production and (or) sale require licenses or other special permits, in the absence of such permits
22.214.171.124. tobacco, tobacco products, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, lighters
126.96.36.199. medical services for artificial termination of pregnancy
188.8.131.52. services for the preparation and writing of graduate qualification works, scientific reports on the main results of the prepared scientific qualification works (dissertations) and other works provided by the state system of scientific attestation or necessary for students to pass the intermediate or final attestation.
4.8.31. Inappropriate information, as well as information that discredits the honor, dignity or business reputation of a person.
4.9 Users are responsible for User Content. Users guarantee that User Content is accurate, and they can document it (e.g., by providing receipts, correspondence with the seller regarding the purchase of goods, etc.).
4.9.1. the User grants the Administration the right to use Reviews, Comments, complaints and other User Content when she writes Reviews describing works, goods and services of Corporate Users and other entrepreneurs (whether they exist in reality, how to order and deliver goods, works, services, what is the content of their user agreements, the results of inspections by regulatory authorities, whether there are complaints and reviews on the Internet, etc.).
4.10. In case of the impossibility to perform the contract of paid services due to circumstances for which neither party is responsible, the User shall compensate to the Administration the actual costs incurred by the Administration, unless otherwise provided by law.
4.11. The Administration has the right to refuse to fulfill its obligations under the contract of paid services on condition of full compensation of losses to the User.
4.12. In any case, the Administration is not responsible for any links to third-party websites, including the content of the page to which the User refers.
5. PAYMENT PROCEDURE
5.1 A detailed description of the scope and prices of the Services is available at the website address in the section: Rates and prices | Revieweek™ (revieweek.com).
5.2 Payment for the Services shall be made on a 100% (one hundred percent) prepayment basis.
5.3 The term of payment for the Services - at any time of the Offer.
5.4 Payments for the Services shall be made in U.S. dollars.
5.5 Payment for the Services shall be made:
- by non-cash payment (bank cards, electronic money) through the Personal Cabinet (available to all Users);
- any convenient way on the basis of the issued invoice for payment (available for Corporate users, on their request).
5.6 The invoice for payment shall be issued to the Corporate User through myAlpari.
5.7 Payment for the order by bank card is made through the payment gateway of LLC "CLAUDPAYMENTS" with the use of bank cards of payment systems: VISA International, Mastercard Worldwide. Connection with the payment gateway and information transfer takes place in secure mode using SSL encryption protocol. If the User's bank supports the Verified By Visa or MasterCard SecureCode secure Internet payment technology, the payment may also require a special password. This Service supports 256-bit encryption. Confidentiality of personal information is ensured by CLAUDPAYMENTS LLC. The information entered by the User will not be made available to third parties except as required by law. Payments by bank cards are made in strict accordance with the requirements of payment systems Visa Int., MasterCard Europe Sprl.
5.8 The User shall bear the costs of transferring funds, including currency conversion and bank charges.
5.9 The User has the right to cancel the paid Tariff at any time after payment. Refunds are initiated by the User.
5.10. The User's application for a refund is made electronically on the site.
5.10.1. such application must be accompanied by a copy of an identity document (passport, etc.)
5.10.2. the following fields must be filled in in the application:
- last name, first name and patronymic (if any)
- contact information
- Reasons for refunding ("The tariff is no longer relevant to me", "The tariff does not meet the declared characteristics", "The tariff is not suitable for me")
- the original settlement document for the payment
- number of the payment instrument from which the payment was made.
5.11. By filling out all the fields of the electronic refund request form and clicking the "Submit" button, the User agrees that myAlpari becomes unavailable to them and will be deleted. Any information in myAlpari will also be deleted.
5.12. The application for a refund is received as soon as it is received by the Administration, the term for processing the refund is 10 working days.
5.13. For refunds Administration draws up a refund act, which is legally binding, and sends it to the e-mail specified by the User in the electronic application for refunds.
5.14. Refunds are made to the same payment instrument that was used to pay for the Tariff. The time of receipt of funds to the User depends on the payment instrument, which he used to pay for the Tariff earlier. The time of receipt of refunds to the User's bank account (settlement account) similarly depends on the bank servicing the User.
6. CONSENT TO THE PROCESSING OF PERSONAL DATA
6.1 The User, using the Service owned by the Administration under this Agreement, as well as ordering and using the goods and Services of the Administration, thereby automatically gives the Administration their consent to the processing of the following personal data for the term of this Agreement or any other transaction with the Administration for the purposes of providing the User technical or other support when using the Service or buying goods / Services of the Administration.
6.2 Using the Service in any way (including, but not limited to, the first entrance to the site, reading the information on it) means that the User gives the Administration their consent to the processing of the following personal data of the User:
- surname, first name, patronymic (if there is a patronymic);
- number of the main document proving his identity, information about the date of issue of the document and the body that issued it;
- surname, first name, patronymic, address of the User's representative, number of the main document certifying his identity, information on the date of issue of the said document and the issuing authority, details of the power of attorney or other document confirming the authority of this representative (if consent is received from the User's representative);
- email address;
- cell phone number;
- login and password to enter the Service;
- the data of the social networks through which the User logs in to the Service;
- HTTP headers;
- The IP address of the device;
- cookie data;
- the data collected by the meters;
- data from web beacons;
- browser information;
- technical characteristics of the device and software;
- technical data on the operation of the Service, including dates and times of use and access;
- addresses of the requested pages of the Service;
- geolocation data,
for the duration of any transaction with the Administration for the following purposes:
6.2.1. use of personal data of Users, who are individuals using the Service on their own behalf, for the purposes of concluding and executing transactions with the Administration;
6.2.2. use of personal data of the Users, who are individuals using the Service on behalf of the represented individual or legal entity, for the purposes of concluding and execution of the transaction with the Administration;
6.2.3. conducting statistical and other research on the use of the Service on the basis of anonymized data;
6.2.4. compliance with mandatory legal requirements.
6.3 Within the framework of the given consent the Administration is given the right to perform any actions with the personal data of the User including, but not limited to: collection, systematization, accumulation, storage in the country, clarification (updating, change), use, transfer, depersonalization, blocking, destruction, transfer, including cross-border, of personal data to partners of the Administration, the list of which is given at https://revieweek.com/personal-data/, and also performance of other necessary actions with personal data with
6.4 Processing of the User's personal data is allowed using the following main methods (but not limited to): storing on the territory, recording on electronic media and storing them on the territory, making lists, labeling.
6.5 Processing of personal data of the User is permitted with or without the use of automation tools in accordance with applicable law.
6.6 Processing of personal data of the User using DPM-systems (Data Protection Manager), including those belonging to third parties and provided to the Administration on the basis of the relevant contract or agreement, is allowed, provided that the measures of confidentiality of personal data are observed.
6.7 Processing of personal data of the User is carried out by the Administration without the use of automation, as such actions with personal data, such as the use, modification, distribution, destruction of personal data in respect of the User, are carried out with the direct participation of the person.
6.8 Processing of personal data of the User is carried out without notification of the authorized body for the protection of the rights of subjects of personal data, because:
6.8.1. personal data of the User received by the Administration in connection with the conclusion and execution of the transaction, to which the User is a party, while personal data is not distributed, and is not provided to third parties without the consent of the User and is used by the operator solely for the execution of the transaction and the conclusion of other transactions with the User;
6.8.2. personal data of the User, received by the Administration, is processed without the use of automation means, i.e. with the direct participation of a person, in accordance with the regulatory legal acts, establishing the requirements for the security of personal data during their processing and to observe the rights of subjects of personal data.
6.9 This consent to the processing of the User's personal data extends to any transfer of the User's personal data to the Administration, made prior to the provision of this consent.
6.10. Consent to the processing of personal data may be withdrawn by the User by sending a corresponding application, signed by a simple electronic signature of the User, to the e-mail address [email protected] or via myAlpari.
6.11. Withdrawal of consent to the processing of personal data such as name, surname, patronymic, address, email address and telephone number automatically results in the automatic deprivation of the User's right to use the Service.
6.12. In case of revocation of the User's consent to the processing of personal data, the Administration has the right to continue processing personal data without the User's consent, if there are grounds.
6.13. In case of revocation of the User's consent to processing of their personal data, the Administration shall be obliged to stop their processing or ensure termination of such processing (if processing of personal data is carried out by another person acting on behalf of the Administration) and if preservation of personal data is no longer required for the purposes of personal data processing, destroy personal data or ensure their destruction within a period not exceeding 10 (ten) working days from the date of receipt of the said revocation.
7. LEGALLY SIGNIFICANT MESSAGES
7.1 Documents, appeals, notices and other communications under the Agreement, including those related to its amendment or termination, may be sent in writing in the form of a paper or electronic document, communication in accordance with the agreement between the parties to electronic interaction given in the "Agreement between the parties to electronic interaction" section of the Offer. In particular, by sending an electronic document, a message to the relevant email address, or by exchanging messages through myAlpari.
7.2. Any message has legal force only if it is sent by one Party to the other Party through the Personal profile and (or) to the email addresses specified in this Offer, in the User's Personal profile, at User's personal appeal to the Administration with presentation of identity card, or through the same way specified messengers or phone numbers (SMS-message).
7.3 Any communication may be delivered personally or sent by registered mail and shall be deemed to have been received by the addressee:
- when delivered personally to the addressee or his representative - on the date of delivery;
- if sent by registered mail - on the date specified in the receipt confirming the delivery of the relevant mail by the telecommunications organization.
7.4 A message is also considered as delivered (received by the addressee) if it is received by the addressee, but due to circumstances depending on the addressee, it was not handed over to him or the addressee did not get acquainted with it.
8. AGREEMENT BETWEEN PARTICIPANTS OF ELECTRONIC INTERACTION
8.1 The rules given in this section are a multilateral agreement between all Users who accepted the Offer, both between themselves and with the Administration, as between the participants (parties) of electronic interaction in the order establishing the cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature as equivalent to the documents in hard copy signed with a handwritten signature.
8.2 User's simple electronic signature is formed with the use of a certain simple electronic signature key corresponding to the particular method of electronic document exchange. User agrees to use a simple electronic signature key to sign electronic documents with his simple electronic signature.
8.3 Formation of a simple electronic signature of the Administration is carried out with the use of a certain key of a simple electronic signature, corresponding to a particular method of exchange of electronic documents. An electronic document is considered to be signed by a simple electronic signature of the Administration, if the fact of use by the Administration of a simple electronic signature key, which coincides with the key of a simple electronic signature of the Administration, available in information systems of the Administration, is established.
8.4 The User's simple electronic signature certifies the fact of signing an electronic document by the User, and the Administration's simple electronic signature certifies the fact of signing an electronic document by the Administration.
8.5. Information in electronic form in the form of an electronic document or electronic message has legal force only if it is sent to the specified in the Offer, the User's myAlpari or during the User's personal appeal to the Administration with the presentation of the identification card to the e-mail address of the recipient from the sending side or by means of the same specified messengers or phone numbers (SMS-message) or through myAlpari.
8.6 The Party's Basic Electronic Signature is contained in the Electronic Document itself. The User's simple electronic signature shall contain information indicating the person who signed the electronic document (last name, first name and patronymic, if any, nickname of the registered User), date and time of signing the electronic document. The Administration's simple electronic signature contains information indicating the surname, first name and patronymic (if any) of the signer of the electronic document, his position, date and time of signing the electronic document.
8.7 Software and hardware and other means of the Administration are used to verify a simple electronic signature. The Administration shall refuse to accept an electronic document in the case of a negative result of verification of the User's simple electronic signature.
8.8 The fact of creation of an electronic document signed with a simple electronic signature, as well as the fact and the result of verification of a simple electronic signature and other actions of the Administration and the User are recorded in the electronic logs in the information systems of the Administration.
8.9. The User is entitled to receive from the Administration a hard copy of an electronic document signed by it, on which the information about signing the electronic document by simple electronic signatures of the User and the Administration, the stamp of the Administration "true copy" and the handwritten signature of the Administration are displayed.
8.10. When transmitting information in the form of electronic files to confirm their authenticity (immutability) the value of the Check Digit can be used.
8.11. For the purposes of this Agreement, information in electronic form sent by one Party from its email address to the email address of the other Party shall be considered signed by a simple electronic signature in the form of an email address (login), which is contained in the electronic message itself, a simple electronic signature key (a pair of login and password) shall apply in accordance with the rules established by the operator of the Electronic Mail Services, and the electronic message contains information indicating the Party on whose behalf the sender An Electronic Document shall be deemed to be signed with a simple electronic signature if the fact of delivery of the electronic message from the e-mail address of the sending Party is established.
8.12. For the purposes of this Agreement, information in electronic form, sent by one Party to the other Party via messenger, shall be considered signed by a simple electronic signature in the form of the User ID in the messenger, which is contained in the electronic message itself, the simple electronic signature key (login and password pair) is applied in accordance with the rules set forth by the messenger operator, and the electronic message contains information indicating the Party on whose behalf the electronic message is sent. An electronic document shall be deemed signed with a simple electronic signature if the fact of delivery of the electronic message in the messenger from the identifier of the sending Party is established.
8.13. For the purposes of this Agreement, information in electronic form, sent by one Party to the other Party via myAlpari, shall be considered signed by a simple electronic signature in the form of User Identifier in myAlpari (login), which is contained in the electronic message itself, the simple electronic signature key (login and password pair) shall apply in accordance with the rules, established by the Administration in this Agreement, and the electronic message contains information, indicating the Party on whose behalf the An Electronic Document shall be deemed to be signed with a simple electronic signature if the fact of delivery of the electronic message from the Personal Account of the sending Party is established.
8.14. For the purposes of this Agreement, the information in electronic form, sent by one party to the other party by SMS shall be considered as signed by a simple electronic signature in the form of the User's cell phone number, specified upon registration, which is contained in the electronic message itself, the simple electronic signature key (unique code from SMS message) is applied in accordance with the rules, established by the Administration in this Agreement, and the electronic message contains information, indicating the party, on behalf of which the User is signed. An electronic document is considered to be signed by a simple electronic signature, if the facts of sending to the User's cell phone number of SMS-message with a unique code and the use of the unique code by the User by entering it in a special field of the Service for signing an electronic document are established.
8.15. Information in electronic form signed by simple electronic signature of the party sending it shall be recognized by the parties as an electronic document equivalent to a hard copy document signed by handwritten signature of the respective party.
8.16. Each of the parties undertakes to keep confidentiality of the simple electronic signature key in the form of login and password from the information system of the operator of the e-mail, messenger, myAlpari. In case of unauthorized access to the specified login and password, their loss or disclosure to third parties, the party shall immediately notify the other party and take measures to restore access and/or replace the login and password.
8.17. Electronic protection measures taken by the Administration do not guarantee absolute protection of information from damage or interception, as well as from other possible negative consequences. The User acknowledges and agrees that there are risks associated with the transmission of information in electronic form, including the risk of unauthorized use by third parties of personal data used for the purposes of data verification and Authorization of the User, violation of confidentiality of the simple electronic signature key and its use by third parties.
8.18. The use of a simple electronic signature to sign primary accounting documents in electronic form is allowed until the relevant federal accounting standard, which will establish the types of electronic signatures used to sign accounting documents, is adopted. If the relevant accounting standard prohibits the use of a simple electronic signature to sign primary accounting documents in electronic form, this section of the Offer shall terminate without terminating the Offer as a whole.
9.1 The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in the manner prescribed by law.
9.2 The User uses the Service at their own risk. The Administration is not responsible for the compliance of the Service with the User's purposes when using it.
9.3 The Administration is not responsible for any actions of the User related to the use of the Service.
9.4 The Administration shall not be liable to the User for any damages of any kind incurred by the User due to the loss and/or disclosure of their data for access to the Service. The User is fully responsible for the actions and/or inactions that led to the disclosure, loss, theft, etc. of its credentials and other information that identifies the User, as well as for any actions and/or inactions of third parties that use the User's credentials, provided that the situation was not the fault of the Administration.
9.5 The Administration provides the basic information security of the User's data within the limits determined by the usual conditions. The Administration is responsible for violation of information security of the User through the fault of the Administration.
9.6 The Administration is not responsible to the User for delays and disruptions caused by the actions/inaction of third parties and/or occurring for reasons beyond the control of the Administration.
9.7 The Administration is not responsible for the quality of services (in particular, data transmission services) required to work with the Service, if they are organized by third parties not engaged by the Administration.
9.8 The User agrees that for online work with the Service it is necessary to use software (web browsers, operating systems, etc.) and equipment (cell phones, smartphones, etc.) produced and provided by third parties, and the Administration can not be held responsible for the quality of their work.
9.9. The User agrees that no software is free from errors, but the errors of the Administration are subject to immediate correction at the expense of the Administration.
9.10. In the case of data loss caused by the actions of the User, data recovery is made on request to the Administration. Data recovery is performed only if the Administration has the technical ability to restore.
9.11. The Parties may not sell, transfer for temporary use and/or disclose in any other way the personal information of the Service users to third parties, except as required by law.
9.12. The User is responsible for any of their intentional or unintentional actions and/or omissions, as well as for any actions and/or omissions of the persons using their credentials on the Service, related to the placement and/or distribution of information on the Service, obtaining access to the resources of third parties through the use of the Administration, which resulted and/or may result in a violation of any laws of their country of residence, the European Union or the USA, as well as for any damage caused by the abovementioned actions and/or inaction of the Administration. Administration is not responsible for such actions and / or omissions of the User or persons using their credentials, as well as the consequences of such actions and / or omissions, except for the occurrence of the situation through the fault of the Administration.
9.13. The User is responsible for any unlawful acts and/or omissions of the User and/or persons using their credentials which caused any damage to the Administration, including loss of business reputation, and shall compensate the Administration for losses.
9.14. Termination of the Contract at the initiative of any of its parties does not release the User from the obligation to pay for the Services of the Administration, provided at the time of such termination.
9.15. If the User's actions have resulted in claims, suits by third parties and/or orders to pay penalties to the Administration from government or other authorities/organizations/individuals in connection with violations of third party rights and/or the law, the User undertakes, immediately upon request by the Administration, to provide the Administration with all requested information regarding the posting and content of materials used on the Service, to assist the Administration in resolving such claims and suits, as well as to
10. FORCE MAJOR
10.1 A Party shall be released from liability for partial or full failure to perform its obligations under the Contract if it proves that proper performance was impossible due to force majeure, i.e. extraordinary, unforeseeable and unavoidable circumstances arising during the Contract implementation and affecting it, which could not be reasonably expected at the conclusion of the Contract or avoided or overcome, as well as being beyond control of the Parties.
10.2 Circumstances of insuperable force include, among others: military actions (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockade, natural disasters (earthquake, flood, hurricane, etc.), fire, terrorist acts, subversion, transportation restrictions, prohibited measures of states, prohibited trade operations, including in certain countries due to the adoption of international sanctions, as well as shutdown of data processing facilities.), fire, terrorist acts, sabotage, transportation restrictions, prohibitive measures of states, prohibition of trade operations, including with individual countries, due to international sanctions, as well as disconnection of data centers located in the country from the global Internet and blocking of servers or connections by supervisory authorities.
10.3 Circumstances of insuperable force do not include, in particular, entrepreneurial risks, such as breach of obligations by counterparties of the debtor, lack of goods needed to fulfill obligations, lack of necessary funds of the debtor, as well as financial and economic crisis, changes in exchange rates, devaluation of national currency, criminal actions of unidentified persons.
10.4 When force majeure circumstances occur, each Party shall promptly notify the other Party of them in writing, including by sending an electronic message as agreed between the parties to electronic interaction. The notification shall contain data on the nature and estimated duration of the force majeure circumstances, their impact on the possibility to fulfill the obligations under the Agreement. If possible, but not required, the notice shall be accompanied by official documents certifying the existence of these circumstances and giving an assessment of their impact on the possibility of the Party's performance of its obligations under the Agreement.
10.5 In cases of force majeure circumstances, the period of performance of the Party's obligations under the Agreement shall be extended in proportion to the time during which these circumstances and their consequences are in effect, if such a change in the period is possible and/or expedient.
10.6. a Party may refuse to perform the Contract with reference to the impossibility to perform its obligations under the Contract due to force majeure circumstances, if it is impossible and/or impracticable to change the terms of performance of obligations under the Contract, or the occurred force majeure circumstances and their consequences continue to operate for more than 2 (two) months, or the Parties have not agreed on alternative means of performance of the Contract. The initiating Party shall notify the other Party of its refusal to perform its obligations under the Agreement within a reasonable period of time.
10.7 If a Party refuses to perform the Contract with reference to the impossibility of performance due to force majeure circumstances, neither Party shall have the right to demand compensation from the other Party for any losses that may or may have occurred.
11. DISPUTE RESOLUTION
11.1. In pre-trial and judicial resolution of disputes related to the Offer and the Agreement, the Administration and any natural or legal person (parties) are guided by the current legislation.
11.2 In the event of disputes related to the Offer and the Agreement, the parties will take measures for their pre-trial settlement by sending a written claim (demand) to the other party.
11.3 If the parties fail to settle such disputes in the pre-trial order, they may be transferred to the state court at the location of the Administration after 30 (thirty) calendar days from the date of the claim (demand).
12. Communication with the Administration
Email address: [email protected].