December eighteenth, two thousand and twentieth year.
This user agreement (hereinafter - the Agreement) is an agreement between any legal entity or individual (hereinafter - the User), which has agreed to the terms and conditions set forth in this Agreement by performing actions aimed at using the Service Revieweek™. Performance by the User of actions aimed at using the Service is considered unconditional acceptance of this Agreement. This Agreement, along with other additional terms and rules that relate to the use of the Service and are presented on the website https://revieweek.com/ Service, contain terms and conditions that apply to each User of the Service. By using the Service, the User expresses their consent to these terms. If the User does not agree with any of the terms, the User must stop using the Service.
1. TERMS AND DEFINITIONS
1.1 The Parties agree that for the purposes of this Agreement, the following terms and definitions shall have the following meaning:
- "Administration" - is the owner and copyright holder of the exclusive rights to the Service.
- "User" - any legal or natural person who has shown interest in the Revieweek™ Service by logging on to the website of the Service https://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 institutions and their products (rating of 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 individual entrepreneurs authorized by the manufacturer (seller), their goods, services and works, advertising and search for goods, works and services), access to which the Administration temporarily provides the User at https://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 https://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 right holder or licensee by law, contract or other transaction.
- "Purpose of Service" - 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.
- "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 of its posting 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.
- "Account", "My Account", "Account" - a set of records in the Administration database, which identifies the User with the credentials (login and password) specified by him during Registration, and allows you to manage the parameters of the Service and services available through the Service.
- "User Registration Data" - data voluntarily submitted or uploaded by the User during Registration and further use of the Service. The data is stored in the Administration's database and shall be used solely in accordance with this Agreement and the applicable laws of the country, including international laws.
- "Authorization" - the procedure by which the User enters his/her login and password in the designated fields in the form of the interface of the Service or a third-party web service in order to identify him/her, transfer the token to the Administration and determine the credentials for access to the Account and the full functionality of the Service.
- "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.
- "Verification" - identification, confirmation of the User's identity and expression of will by confirming that the User has the phone number or email address entered during registration, for example, by clicking on the unique link or entering the code received in the SMS-message in a special field of the Service.
- "Personal Data" - any information relating directly or indirectly to an identified or identifiable natural person ("personal data subject"); an identifiable natural person is a person who can be identified directly or indirectly, in particular by reference to an identifier, such as name, last name, patronymic (if any), identification number, individual taxpayer number, bank details, year, month, date and place of birth, address, email address, telephone number, family, social, property gender
- "Simple Electronic Signature" - electronic signature, which, through the use of codes, passwords, or other means, confirms that a certain person has formed an electronic signature in accordance with this Agreement.
- "User documentation" - instructions and information materials explaining the User's use of the Service.
- "Statistics" - information about the use of the Service, as well as the viewing and/or use of certain elements of the Service (windows, dialogs, interactive elements, 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 collecting statistical and personal data about the use of the Service. The Administration can use counters both proprietary and those provided by third parties under a limited license (license agreement), such as Google Analytics, Google Firebase 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 information and other information on computers, smartphones, phones and other devices. Other technologies are used for the same purpose, including data stored by browsers or devices, identifiers associated with devices, and other software. All of these technologies are referred to in this Agreement 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.).
- "Check sum", "Hash sum" - some mathematical value (sequence of symbols) calculated on the data set by applying a certain algorithm, used within the framework of this Agreement to check the integrity (authenticity) of electronic files during their transfer or storage. For the purposes of this Agreement, checksums are calculated and verified using MD5 and SHA256 algorithms.
1.2 All other terms and definitions appearing in the text of the Agreement 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 The terms and definitions used in this Agreement may be used in singular or plural, depending on the context, and the terms may be spelled either capital or small letters.
1.4 The titles (sections), as well as the structure of the Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 This Agreement regulates the relationship between the User, on the one hand, and the Administration, on the other hand, on granting the User the right to use the Service, as well as regulates the order of use of the Service.
2.2 In accordance with this Agreement, the Administration grants the User free or refundable rights to use the Service in accordance with its purpose.
2.3 In order to fulfill its obligations under the Agreement, the Administration has the right to engage third parties to perform the Agreement without the consent of the User.
3. INTELLECTUAL PROPERTY RIGHTS FOR THE SERVICE
3.1 The Service, its content, components and individual components (including but not limited to: software, website, databases, programming codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphics and other materials) are objects of intellectual property protected under international law, any use of which is permitted only by permission of the Administration.
3.2 The Administration hereby grants to the User for the duration of the Agreement a simple (non-exclusive) revocable license to use the Service, which is not transferable or assignable to third parties. This simple (non-exclusive) license is intended to allow the User to use the Service in accordance with its purpose, subject to the restrictions stipulated by the Agreement and other conditions of use of the Service.
3.3 The license is valid without territorial limitation, unless otherwise specified in a separate transaction with the User.
3.4 Revocation of the license granted in accordance with this Agreement shall be carried out in the manner prescribed by law for the revocation of the license agreement.
3.5 The right to use the Service includes the right to reproduce the Service or parts of its code on the User's end device (computer, smartphone, tablet, etc.) for the purpose of caching and launching it with the means of the target operating system to use the Service in accordance with its purpose.
3.6 The right to use the Service does not include the right to make a copy of it, unless otherwise expressly provided in a separate transaction with the User by written permission of the Administration.
3.7 The use of the Service in accordance with the Agreement may also have other limitations in functionality specified in the User documentation of the Service.
3.8 The right to use the Service granted to the User implies the right to use updates of the Service both within one version (minor updates of the current release, which are not a new version) and new versions of the Service (major updates - new releases, which are a new version), if they are available.
3.9 The User agrees that it has no right (including no right to allow anyone) to modify, create derivative works, disassemble the Service into component codes, reverse-engineer, decompile or otherwise try to obtain the source program code of the Service or any part thereof, unless there is a written permission of the Administration to do so. Otherwise, the User is fully responsible for such actions, as provided by this Agreement, as well as international law.
3.10. This Agreement does not provide for any assignment of intellectual property rights (or any part thereof) by the Administration, except for a license under the Agreement. No provisions of the Agreement constitute an assignment of intellectual property rights to the Administration or a waiver of such rights on the basis of the law.
3.11. The Service contains or may contain computer programs that are licensed (or sublicensed) to the User under the GNU Public License or other similar Open Source licenses which, among other rights, permit the User 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 the Administration to grant rights to use, copy or modify the open source software beyond the rights granted in the Agreement, such rights shall prevail over the rights and restrictions stipulated in the Agreement.
4. GENERAL RIGHTS AND OBLIGATIONS OF THE ADMINISTRATION, GUARANTEES
4.1 The Administration guarantees that it has all legal grounds to grant the User the right to use the Service under the Agreement. All rights to the Service and its components belong to the Administration or other rightholders who have granted the Administration a non-exclusive license with the possibility of sublicensing, including under an open license (LGPL, BSD, MIT, etc.).
4.2 The Administration undertakes to make all reasonable efforts to ensure the stable operation of the Service, its gradual improvement, the correction of errors in the work, however, it is provided to the User on the principle of "as is". This means that the Administration:
- does not guarantee the absence of errors in the Service;
- is not responsible for the uninterrupted operation of the Service and its compatibility with the software and technical means of the User and others;
- shall not be liable for any damages whatsoever that have arisen or may arise in connection with or in connection with the use of the Service;
- shall not be liable for non-performance or improper performance of its obligations due to failures in telecommunications and power networks, the actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and (or) disabling of software and (or) hardware complex of the Administration.
4.3 The Administration is in no way affiliated or otherwise connected with the Users, works independently of them, has no purpose to weaken their positions or otherwise affect their position, and does not try to profit from their business reputation.
4.4 The Administration guarantees to the User the functionality of the Service on condition that the User uses for access to it the current versions of operating systems: Google Android (versions 4.4.2 and above) and Apple iOS (versions 9 and above).
4.5 The Administration has the right to provide the User access to the Service and keep it in working condition, and has the right to suspend access to it for the time necessary to carry out scheduled preventive and repair work on the equipment without prior notice to the User. In addition, the Administration has the right to suspend the User's access to the Service if it is revealed that during the registration or use of the Service the User provided unreliable information about themselves, as well as if it is revealed the use of profanity in the User's login, as well as on other grounds specified in the User documentation.
4.6 The User agrees that the Administration has the right to use the data provided by the User during registration for the purpose of marketing activities related to the Service, as well as to send advertising and informative messages to the email address and/or cell phone number provided by the User, at its own discretion. This clause shall be considered as the User's prior consent to receive advertisements.
4.7 The Administration reserves the right to contact the User by phone, sending SMS-messages and emails in order to check the quality of the Service and report critical information for the User.
4.8 The Administration reserves the right to request electronic copies of documents to identify the User. The Administration is also obliged to provide reliable contact information about the User at the request of registration institutions or law enforcement agencies in accordance with the legislation of the country.
4.9 In order to avoid violation of intellectual rights of third parties, fraud and other unlawful actions, the Administration reserves the right to request the User to submit the supporting documents to verify the registration data and information provided by the User, which the User must provide to the Administration within 24 (twenty-four) hours from the request. The Administration has the right to limit the User's access to the Service during such verification.
4.10. The Administration reserves the right to terminate the User's access to the Service (including by blocking access to the Service via the IP address from which the User has registered or has visited the Service for the largest number of times) and to delete their account with all their registration data unilaterally, without notice or explanation, and without any compensation or reimbursement.
4.11. The Administration reserves the right to terminate this Agreement unilaterally extrajudicially in case of non-use of the Service by the User for 12 (twelve) calendar months in a row and to delete the Account and all registration data of the User without any notice, as well as without any compensation or refunds.
4.12. The Administration reserves the right to establish any rules, limits and restrictions (technical, legal, organizational or otherwise) on the use of the Service and may change them at its discretion, without prior notice to the User. In cases when it is not prohibited by law, the specified rules, limits and restrictions may be different for different categories of Users.
4.13. The Administration undertakes to ensure the confidentiality and integrity of all data received from the User, except in cases where such disclosure was made for reasons beyond the control of the Administration, as well as except as required by applicable international law or expressly provided by the transaction, agreement, contract with the User.
4.14. The Administration undertakes to provide technical support to the User in the form of written consultation, which is provided within ten (10) working days, on issues related to the functioning and use of the Service. Technical support is provided only at the formal request of the User made in the ways stipulated in the Agreement for the exchange of notices, messages and documents. Consultation of the technical support specialist of the Administration can be provided only on issues related to the functioning and use of the Service. Consultations on issues not related to the operation of the Service are not provided.
4.15. The request is sent by the User to the e-mail address and must contain a detailed description of the problem, screenshots of the User's receiving device, displaying the problem, data about the operating system, equipment and software versions, using which the User accesses the Service. The Administration within ten (10) business days considers the User's request and sends it by email recommendations for fixing the problem. If the User does not follow these recommendations, the Administration is not responsible for the correct functioning of the Service.
4.16. The User is notified that in some cases, the solution of technical problems may take more than ten (10) working days. In such cases, the Administration sends the User within ten days a notice to the email specified during registration, and suspends access to the Service for the period of fixing the problem.
4.16.1. the Administration has the right to use Reviews, Comments, complaints, and other User Content when it writes Reviews describing works, goods and services of Corporate Users and other entrepreneurs (whether they actually exist, how to place an 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.).
4.16.2. the Administration has the right to publish photographs, video images, any materials in which goods, works, services, the process of performing works, services, documentation for the introduction of goods into civil turnover, offers to sell goods, to perform works, to provide services, ads, signs, advertising, domain names and other materials with the applied trademark and service mark, other means of individualization of registered Users and without such application in order to confirm that the Review, the User
5. GENERAL RIGHTS AND OBLIGATIONS OF THE USER, GUARANTEES
5.1 The User warrants that:
5.1.1 He has the legal capacity and capacity to enter into this Agreement, which is legally binding, on his own behalf or on behalf of the person or entity for whom he enters into this Agreement.
5.1.2. Understands that the Administration does not provide formal legal advice and recommendations regarding the law or requirements that apply to the User, as well as regarding the User's compliance with applicable laws and requirements.
5.1.3. Obtained all necessary consents and permissions required by law to place, transfer and publish personal data and (or) images of individuals or legal entities, which are specified by the User as part of their personal registration data. The User undertakes to comply with all relevant legal requirements and restrictions in relation thereto.
5.1.4 All information, documents, materials provided by the User to the Administration are true, fully comply with the laws of the country of residence, and the User legally has all the rights to use them, including by posting on the Service for use by other Users. The User has not concealed the circumstances, which could negatively affect the Administration's decision on the validity of this Agreement and its performance.
5.1.5 Acceptance of this Agreement does not violate the User's legal rights and obligations to third parties.
5.1.6. does not participate and is not connected in any way to any transaction or other obligation under which it is in a situation of default or is obliged to fulfill its obligations ahead of time, or participation in which may adversely affect the ability of the User to fulfill its obligations under this Agreement, of which the Administration has not been informed by the User.
5.1.7. Obtained all necessary consents and permissions provided by applicable law for the processing of personal data and/or images of individuals, which will need to be processed during the execution of this Agreement. The User undertakes to comply with all relevant legal requirements and restrictions in relation thereto.
5.2 User Rights:
5.2.1 The User has the right to use the Service in ways not prohibited by this Agreement and applicable international law in accordance with its purpose and within the limits of its functionality.
5.2.2 In the case of technical problems with the Service, as well as in the case of the User receiving messages from the mailboxes of the domain revieweek.com, which are unauthorized advertising mailings, or contain materials prohibited by this Agreement, including threats or files suspected of viruses, as well as if the User discovers facts giving reason to believe that his access to the Service was used by someone unauthorized, the User has the right to contact the Administration to clarify the situation and take
5.2.3 The User has the right to contact technical support on issues related to the Service specified in this Agreement.
5.2.4. The User has the right to ensure the safety of their personal data, as far as it depends on the Administration in accordance with applicable international and domestic law.
5.2.5. The User has the right at any time to refuse calls, SMS, e-mails and other promotional newsletters by informing the Administration or by disabling the respective newsletters in the Account.
5.3 Duties of the User:
5.3.1 When using the Service, the User undertakes not to violate the intellectual rights of the Administration, other Users and third parties.
5.3.2 The User undertakes not to use the Service for unauthorized gain a competitive advantage in economic activity, committed in violation of antitrust and other laws.
5.3.3. the User is responsible for keeping the login and password from the Account, used for authorization, out of the reach of third parties and timely changing them in case of loss or other necessity.
5.3.4 When using the Service, the User undertakes to have all necessary permissions and authorizations from the owners of the data they use when working with the Service in accordance with its purpose, in particular to have all necessary consents and authorizations required by applicable law to process the personal data of individuals that may need to be processed during the use of the Service. The User undertakes to comply with all relevant legal requirements and restrictions with respect thereto.
5.3.5 The User is responsible to the Administration for providing accurate and up-to-date contact and registration information about themselves when using the Service. In case of changes in the specified data the User is obliged to inform the Administration about it by independent change of its data.
5.3.6 The User agrees not to use the Service for activities prohibited or restricted by international law under any circumstances.
5.3.7 The User shall not damage the Service, its components and modules during its use, as well as hardware and software, node machines of the Administration or other persons providing the Service, including by sending multiple requests to their IP addresses, causing a DDoS attack and error type "denial of service".
5.3.8. The User agrees that he/she will compensate the Administration for any losses incurred by the Administration in connection with the use of the Service by the User, violation of this Agreement and the rights of other Users and third parties (including intellectual, information, etc.).
5.3.9. The User acknowledges and 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 the rights of other Users, third parties, the owner of the device determined by the technical means of the Administration by IP-address is responsible for these illegal actions.
5.3.10. The User grants the Administration the right to use Reviews, Comments, complaints, and other User Content when she writes Reviews describing the 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.).
5.3.11. Corporate users grant the Administration the right to publish photographs, video images, any materials which in any way depict goods, works, services, the process of performing work, rendering services, documentation for introducing goods into civil turnover, offers to sell goods, perform works, render services, advertisements, signs, advertising, domain names and other materials of such users with or without a trademark, service mark, other means of individualization with the purpose of
5.4 Detailed information about what information the User has the right to place in the Service, are given in the Rules of use of the Service at the address on the Internet: https://revieweek.com/terms-of-use/.
6. ORDER OF USING THE SERVICE
6.1 The Agreement regulates the relationship solely on the use of the Service in accordance with its purpose.
6.2 The use of the Service in accordance with its purpose and functionality must be carried out by the Users in strict compliance with the applicable laws of the country of residence.
6.3 The functionality of the Service and guidelines for its use are given in the User Documentation of the Service.
6.4 The User has the right to use the Service in full only after Registration on the Service. The User may not be registered on the Service more than once.
6.5 In order to register in the Service, the User must provide true personal data (name, surname, patronymic (if there is a patronymic), e-mail address and cell phone number) according to the form approved by the Administration, as well as create a login and password. The registration form of the Service may request additional information from the User (address; number of the basic identity document, information about the date of issue of the document and the issuing authority). The Administration has the right to set password requirements (length, acceptable characters, etc.).
6.6 During the Registration process, the User selects a User name to be displayed when writing Reviews and Comments and 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 his/her username does not violate any rights (including intellectual property rights) belonging to third parties.
6.7 Registration is considered completed only when the User has successfully completed all of its stages, including verification by entering an SMS code or clicking on a unique link sent to the e-mail address or cell phone number specified by the User. Instead of registration, the User may perform primary authorization with the help of a third-party web-service, if it is technically possible.
6.8 After completing registration, the User has access to the functionality of the Service in accordance with its purpose and the scope of services paid for by the User. 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).
7.1 The Parties undertake to maintain the confidentiality of all information transmitted to each other through both protected and unprotected communication channels, regardless of the presence or absence of markings indicating the confidentiality status of the transmitted information, except in cases where such disclosure occurred for reasons beyond the control of the Parties, as well as except as provided by applicable law or a transaction, contract, agreement with the User.
7.2 Disclosure of Confidential Information under this Agreement means an action or inaction of one of the Parties to the Agreement, as a result of which confidential information becomes known to third parties in the absence of the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
7.3 It is not a breach of confidentiality to provide confidential information at the legal request of law enforcement and other authorized state bodies and officials in cases and in the manner prescribed by applicable law, as well as public, verbal or written indication of the fact that one Party is a counterparty of the other Party.
7.4 If confidential information is disclosed to the specified authorities and/or persons, the Party that disclosed it shall notify the owner of confidential information in writing about the fact of its disclosure, its content and the authority to which it was disclosed, not later than 2 (two) business days from the date of disclosure.
7.5 Obligations of confidentiality shall be valid indefinitely.
7.6 If one Party discloses confidential information received from the other Party, the guilty Party undertakes to compensate all losses caused by it, including lost profits, within 5 (five) working days after receiving a corresponding written request from the other Party.
8. PROCESSING OF PERSONAL DATA
8.3 By using the Service, the User gives the Administration their consent to process their personal data:
8.3.1. surname, first name, patronymic (if there is a patronymic);
8.3.3. the number of the main identity document, information about the date of issue of the document and the authority that issued it;
8.3.4. surname, first name, patronymic (if any), address of the User's representative, number of the main document certifying his identity, information about 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;
8.3.5. e-mail address;
8.3.6. cell phone number;
8.3.7. login and password to enter the Service;
8.3.8. data of social networks through which the User logs in to the Service;
8.3.10. HTTP headers;
8.3.11. Device IP address;
8.3.12. cookie data;
8.3.13. Data collected by meters;
8.3.14. data obtained with web beacons;
8.3.15. information about the browser;
8.3.16. technical characteristics of the device and software;
8.3.17. technical data on the operation of the Service, including dates and times of use and access;
8.3.18. addresses of the requested pages of the Service;
8.3.19. geolocation data,
for the term of this Agreement for the following purposes:
- use of personal data of Users, who are individuals using the Service on their own behalf, for the purposes of the conclusion and execution of the Agreement;
- use of personal data of Users, who are individuals using the Service on behalf of the represented individual or legal entity, for the purposes of the conclusion and execution of the Agreement;
- conducting statistical and other studies on the use of the Service on the basis of anonymized data;
- Compliance with the mandatory legal requirements of the country of residence.
8.4 Within the framework of the given consent Administration is given the right to perform with personal data of the User any actions including, but not limited to: collection, systematization, accumulation, storage, clarification (updating, change), use, transfer, depersonalization, blocking, destruction, transfer, including cross-border, personal data to partners of the Administration, as well as other necessary actions with personal data subject to applicable law.
8.5 Processing of the User's personal data is allowed using the following main methods (but not limited to): storing, recording on electronic media and their storage, making lists, labeling.
8.6 Processing of personal data of the User is permitted without the use of automation tools in accordance with applicable law.
8.7 Processing of personal data of the User under this Agreement is carried out by the Administration without the use of automated means, 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.
8.8 The User's personal data may be processed using DPM-systems (Data Protection Manager), including those belonging to third parties and provided to the Administration on the basis of a relevant contract or agreement, provided that measures to protect the confidentiality of personal data are observed.
8.9 Processing of personal data provided by the User in the process of using the Service in accordance with the Agreement, is carried out in connection with the need to enter into and execute this Agreement, to which the User is a party.
8.10. Processing of personal data of the User in accordance with this Agreement is carried out without notification of the authorized body for the protection of the rights of subjects of personal data processing of personal data, because:
8.10.1. personal data of the User, received by the Administration in connection with the conclusion and execution of the Agreement, to which the User is a party, and the personal data are not distributed, as well as not provided to third parties without the consent of the User and used solely for the performance of the Agreement and the conclusion of other contracts and agreements with the User;
8.10.2. 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 federal laws or other normative legal acts of the country, establishing the requirements for the security of personal data during their processing and for the observance of the rights of subjects of personal data.
8.11. 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.
9. LIABILITY, LIMITATION OF LIABILITY
9.1 The Party that fails to perform or improperly performs its obligations under this Agreement shall compensate the other Party for the losses caused by such failure to perform.
9.2 Under no circumstances shall the Administration be liable for any damage caused to the User while using the Service, including attempts by the User to use the Service instead of professional or specialized software, use of the Service in emergency situations, getting into an unfavorable situation as a result of using the Service, for any indirect, accidental, unintentional damage, including loss of profit or lost data, harm to honor, dignity or business reputation, caused in connection with the use of the
9.3. The Administration is not responsible for the loss of the User's access to their Account (loss of login and/or password to a third party account).
9.4 The Administration is not responsible for the User's lack of access to the Internet, for the quality of service of communication providers, for the stability of the connection and the availability of certain data transfer protocols.
9.5 The Administration is not responsible for the termination of the User's access to the Service for reasons unrelated to the guilty actions / omissions of the Administration.
9.6 The Administration is not responsible for the fact of the transfer of information by the User with the help of the Service through unprotected data transfer channels on the Internet and for the safety of the information during its transfer.
9.7 The Administration is not responsible for the content that may be distributed by the User through the Service.
9.8. Administration is not responsible for the use by Users of photos, videos, other materials in which the means of individualization of manufacturers, performers, sellers, organizations authorized by the manufacturer (seller) or authorized by the manufacturer (seller) individual entrepreneurs, importers, owners of the aggregator of information on goods (services) are visible, because such means of individualization are used in context, to mention and identify the named persons or their goods, works and services.
9.9 The Service may contain links to other Internet resources. The User hereby agrees that the Administration is not responsible for the availability of these resources and for the information posted on them, as well as for any consequences associated with the use of these resources.
9.10. In all circumstances, the liability of the Administration is imposed on it only in the presence of guilt in its actions / omissions, and such liability is limited to the amount of one (1) dollar and cannot exceed this amount.
9.11. In other cases, for non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable as provided by the civil legislation of the country.
10. FORCE MAJOR
10.1 A Party shall be excused from liability for partial or full failure to perform its obligations under the Agreement if it proves that proper performance was impossible due to force majeure, i.e. extraordinary, unforeseeable and unavoidable circumstances arising during the performance of obligations under the Agreement and directly or indirectly affecting its performance, which could not have been reasonably expected at its conclusion, or avoided or overcome, and which are beyond the 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 notify the other Party in writing without delay. The notification must contain data on the nature and estimated duration of the force majeure circumstances, their impact on the possibility to fulfill obligations under the Agreement. If possible, but not obligatory, the notice shall be accompanied by official documents certifying the existence of these circumstances and giving an assessment of their impact on the ability of the Party to fulfill its obligations under the Agreement.
10.5 In the event of force majeure circumstances, the deadline for performance of the Party's obligations under the Agreement shall be postponed in proportion to the time during which such circumstances and their consequences are in effect, if such a time change is possible and/or expedient.
10.6. a Party has the right to refuse to perform the Agreement with reference to the impossibility to perform obligations due to the occurrence of force majeure circumstances, if it is impossible and/or impracticable to change the terms of performance of the Party's obligations under the Agreement, or the occurred force majeure circumstances and their consequences last more than 2 (two) months, or the Parties have not agreed on alternative ways to perform the Agreement. The initiating Party shall notify the other Party of its refusal to perform its obligations under the Agreement within a reasonable time.
10.7 In the event of a Party's refusal to perform the Agreement with reference to the impossibility of performing it 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 AND SATISFACTION OF CLAIMS
11.1 All disputes and claims shall be governed by the provisions of the Agreement, and if not resolved, in the manner prescribed by the laws of the country of residence.
11.2 Any questions, comments and other correspondence of the User should be sent to the Administration by sending an electronic message by the methods provided in this Agreement for the exchange of notices, messages and documents. The Administration is not responsible and does not guarantee a response to requests, questions, suggestions and other information sent to it by any other means.
11.3 Claims arising in connection with this Agreement shall be sent to the Administration by sending an electronic message by the means stipulated in this Agreement for the exchange of notices, messages and documents. The Administration shall within ten (10) working days consider the complaint, if necessary, send a letter stating its position to the email address specified in the complaint. In this case, claims of Users who can not be identified on the basis of the data provided by them during registration (including anonymous claims), the Administration shall not consider. If the User does not agree with the motives given by the Administration in response to the complaint, the procedure of its settlement is repeated by sending a motivated response of the User by sending an electronic message by the means stipulated in this Agreement for the exchange of notices, messages and documents. If the claim cannot be resolved by negotiations, the dispute shall be resolved in court in accordance with this Agreement.
11.4 The User and the Administration agree that if it is impossible to resolve disputes arising in connection with this Agreement by negotiations, such disputes shall be resolved by the parties in court under the laws of the country of residence.
12. TERM OF THE AGREEMENT AND ITS TERMINATION
12.1 This Agreement is entered into between the Parties for an indefinite term.
12.2 The User's deletion of its Account from the Service is considered a refusal to use the Service and a unilateral extrajudicial termination of this Agreement by the User from the moment the Account is deleted.
12.3 To delete the User's registration data and User's Account, the User should send a request to the Administration via e-mail.
12.4 The Administration deletes the User's Account from the Service due to the User's failure to use the Service for 12 (twelve) consecutive calendar months is considered to be a refusal to provide the Service and a unilateral extrajudicial termination of this Agreement at the initiative of the Administration from the moment the Account is deleted.
12.5 Termination of this Agreement means its termination in all respects, including the agreement between the participants of electronic interaction, upon termination of which the User is considered to have terminated electronic interaction with its other participants.
13. AGREEMENT BETWEEN PARTICIPANTS OF ELECTRONIC INTERACTION
13.1 The rules given in this section are a multilateral agreement between all Users, both among 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.
13.2 User's simple electronic signature is formed using 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.
13.3 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.
13.4 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.
13.5. Information in electronic form in the form of an electronic document or electronic message shall be valid only if it is sent to the email address of the addressee from the email address of the sending party or through the same specified messengers or phone numbers (SMS-message) or through the Personal Office specified in this Agreement, in the Personal Office or when the User personally contacts the Administration with presentation of his/her ID.
13.6 The Party's simple electronic signature is contained in the electronic document itself. The User's simple electronic signature contains information indicating the person who signed the electronic document (last name, first name and patronymic, if any), date and time of signing the electronic document. A simple electronic signature of the Administration contains information indicating the surname, first name and patronymic (if any) of an employee of the Administration who signed the electronic document, his position, date and time of signing the electronic document.
13.7. 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 a simple electronic signature of the User.
13.8 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.
13.9. 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.
13.10. When transmitting information in the form of electronic files to confirm their authenticity (immutability) the value of the Check Digit can be used.
13.11. 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 deemed to be signed by a simple electronic signature in the form of an email address (login), which is contained in the electronic message itself, the simple electronic signature key (a login and password pair) shall apply in accordance with the rules set forth 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.
13.12. For the purposes of this Agreement, information in electronic form, sent by one Party to the other Party via messenger, shall be deemed 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) shall apply 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.
13.13. For the purposes of this Agreement, information in electronic form, sent by one Party to the other Party via myAlpari, shall be considered to be signed by a simple electronic signature in the form of the User identifier in myAlpari (login), which is contained in the electronic message itself, the simple electronic signature key (a pair of login and password) 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.
13.14. For the purposes of this Agreement, information in electronic form, sent by one party to the other party by SMS message, 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 name. 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.
13.15. 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.
13.16. 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 Services 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.
13.17. 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.
13.18. The use of a simple electronic signature to sign primary accounting documents in electronic form is permitted until a federal accounting standard is adopted pursuant to which the types of electronic signatures used to sign accounting documents will be established. In the event that the relevant accounting standard prohibits the use of a simple electronic signature to sign primary accounting documents in electronic form, this section of the Agreement shall terminate without terminating the Agreement as a whole.
14. ADDITIONAL CONDITIONS
14.1 Documents, notices and communications under this Agreement may be sent in the form of a paper document or in written electronic form in accordance with the agreement between the parties to electronic interaction given in the section "Agreement between the parties to electronic interaction" of this Agreement. In particular, by sending an electronic message to the appropriate email address, by sending an electronic message via messenger, or by exchanging messages via the Service.
14.2. Any message has legal force only if it is sent by one Party to the other Party through the Personal Office and (or) at the postal or e-mail addresses specified in the Agreement, in the Personal Office of the User, upon personal appeal of the User to the Administration with the presentation of identity card, or through the same way specified messengers or phone numbers (SMS-message).
14.3 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.
14.4 The current version of the Agreement shall be posted on the Internet at: https://revieweek.com/terms-of-use/.
14.5 The Administration reserves the right to change the terms of the Agreement unilaterally and without prior notice to Users, posting the final version of the Agreement at the above address 10 (ten) days before the changes come into force. The provisions of the new version of the Agreement become binding on all previously registered Users of the Service from the date of its entry into force.
14.6. The User confirms that he has read all the provisions of the Agreement, understands and accepts them.
14.7 This Agreement, in its meaning and content, is a mixed contract containing elements of a simple (non-exclusive) license to use the Service as software, concluded in a simplified manner by acceding to the Agreement as a whole, as well as an agreement between the participants of electronic interaction, also concluded by acceding to the Agreement as a whole.
14.8. The law applicable to this Agreement shall be the law of the country of residence.
15. Communication with the Administration
Email address: [email protected].