User agreement

PREAMBLE

This User Agreement (hereinafter referred to as the “Agreement” / “User Agreement”) regulates the use of the Jewelatto.com Online Store by Users of the Service.
This Agreement is based on: the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Laws of Ukraine "On Electronic Trust Services", "On Advertising", "On Electronic Commerce", "On Electronic Documents and Electronic Document Management", "On Information Protection in Information telecommunication systems "," On telecommunications "," On payment systems and funds transfer in Ukraine "," On personal data protection "," On copyright and related rights "," On protection of trademark rights for goods and services ", international agreements Ukraine, the consent of which was given by the Verkhovna Rada of Ukraine, and other regulations.
SECTION 1. TERMS AND INTERPRETATIONS
1.1. The service is an online store Jewelatto.com
1.2. The Site is a site that provides access to the Service, located on the Internet at Jewelatto.com
1.3. SP Drutis - Sole proprietor Drutis Olena, RNOKPP: 2514910687, which acts on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations.
1.4. The User is any able-bodied natural person, legal entity, natural person-entrepreneur, according to the current Ukrainian legislation, who has visited the Jewelatto.com Site and intends to purchase a product, as well as agreed to the terms of the User Agreement and integral annexes to her. The user guarantees that he is not a resident of the European Union.
1.5. A profile is a User account.
1.6. The Agreement is the text of this agreement between the User and FOP Drutis OG, which contains all necessary and essential conditions for the User's use of the Service and Intellectual Property, restrictions, conditions for suspension and termination of the Service, liability of the Parties and other related parties. using the Service.
1.7. The Parties are the Parties to this Agreement.
1.8. Intellectual property is the result of intellectual, creative activity: objects of copyright, objects of industrial property rights, means of individualization, including, but not limited to: trademarks, know-how, brand (commercial) names, inventions, utility models, industrial designs, software code, audiovisual effects, design themes, art design, graphics, sound effects, musical works (with and without text), both registered and unregistered, as well as all applications, additions and modifications to them, property intellectual property rights owned by FOP Drutis OG
1.9. A one-time identifier is an alphanumeric sequence obtained by a User who has accepted an offer to enter into an electronic agreement by registering with the Service. The one-time identifier is transmitted by the means of communication specified by the User during registration and is attached (attached) to the e-mail from the person who accepted the offer to enter into the contract;
1.10. This Agreement shall be construed in accordance with the following general principles:
1.10.1. Unless otherwise required by the context, all capitalized terms in this Agreement shall be used in the meaning assigned to them in this Agreement;
SECTION 2. GENERAL PROVISIONS
2.1. This Agreement applies to all Users of the Service, regardless of the purposes of its use. The Agreement applies to Users from the moment of registration in the Service. When registering, the User is sent a One-Time Identifier, which must be entered next to the "Register" button. Clicking the "Register" button means the full and unconditional consent of the User to this Agreement. In case of disagreement with the Agreement, the User undertakes to immediately terminate the use of the Service.
2.2. The current version of the Agreement is permanently posted at the address on the Internet __________. SP Drutis reserves the right to amend or supplement this Agreement at any time without prior or subsequent notice. The User independently monitors changes to the Agreement and gets acquainted with the current version of the Agreement. Continuation of use of the Service by the User after making changes and / or additions to this Agreement means acceptance and consent of the User to such changes and / or additions.
SECTION 3. ACCESS TO THE SERVICE AND PROVISION OF INFORMATION
3.1. To access the Service, the User registers the Profile in the Service. The User guarantees the reliability, accuracy of the data specified during registration, while SP Drutis, does not check the information provided to the latter, and the responsibility for violating the terms of this paragraph rests with the User.
3.2. When registering the Profile, the User provides the following information:
- Full Name,
- contact details (email, phone).
3.4. The User agrees to the SP Drutis to process the information provided to him and his personal data for the purposes specified in this Agreement and the Privacy Policy.
3.5. When registering, the User enters the username (hereinafter - "login") and password. If the User has forgotten his password, the User can go through the password recovery procedure.
3.6. The user is fully responsible for the security of his chosen login and password, in particular for the lack of access to third parties. All actions in the Service performed under the User Profile are considered to be performed by the User.
3.7. Registration of the User in the information system of SP Drutis means his consent to the use and processing of his personal data and other actions provided by the Law of Ukraine "On Personal Data Protection".
SECTION 4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. SP Drutis provides Users with access to the Service on the Internet with the required level of access security and maintenance breaks.
4.2. The User agrees with the obligation to immediately notify SP Drutis of any security breach related to access to the Service and / or committed using the User's login and password without his knowledge and consent. SP Drutis does not accept responsibility for any consequences of security breaches, including loss or damage to data that occurred as a result of third party access to the Service using the user's login and password.
4.3. SP Drutis provides automated password recovery tools. At the same time, SP Drutis reserves the right to restrict the use of these funds, as well as to temporarily or completely suspend their operation. SP Drutis is not responsible for the loss of information for access to the Service, made through the fault of the User, as well as for any consequences that may arise as a result.
4.4. The User agrees with the right of SP Drutis to prohibit the use of certain logins and block access to the Service with their use.
4.5. The User undertakes to comply with the terms of this Agreement and agrees that SP Drutis has the right in its sole discretion and without special notice or warning to restrict the User's access to the Service due to violation of the terms of this Agreement.
4.6. SP Drutis reserves the right, but is not obliged, to moderate all materials posted by Users on the Site, ie to monitor the content of these materials and, if necessary, at its discretion, without warning and explanation of the reasons to delete or move them. SP Drutis does not accept responsibility for any consequences of actions committed under the moderation procedure.
4.7. The User agrees that SP Drutis has the right in its sole discretion and without prior or subsequent notice to the User and explanation of reasons to restrict or block access to the Service or take other measures against the User who violated the terms of this Agreement or applicable law , or the rights of third parties protected by law in the event of a motivated complaint from them.
4.8. Unless otherwise expressly provided by the imperative norms of the current legislation of Ukraine, in case of violation by the User of the Agreement SP Drutis has the right to take measures necessary to protect these conditions and their interests regardless of the statute of limitations. Thus, inaction on the part of SP Drutis in violation of the terms of the Agreement by Users does not deprive SP Drutis of the right to take necessary actions to protect their interests later and does not indicate the refusal of SP Drutis of their rights during committing similar violations in the future.
SECTION 5. INTELLECTUAL PROPERTY
5.1. All materials presented in the Service are the Intellectual Property of SP Drutis (or provided by SP Drutis under license agreements) and are protected in accordance with the provisions of the legislation of Ukraine on intellectual property.
5.2. In accordance with the terms of this Agreement, SP Drutis hereby grants the User a non-exclusive, without the right to transfer and without the right to issue sublicenses, limited license to use Intellectual Property for personal non-commercial use. The rights to use the Intellectual Property granted in accordance with this Agreement are subject to the User's compliance with this Agreement. The User hereby acknowledges that no intellectual property rights are transferred or assigned to him under this Agreement, and this Agreement shall not be construed as a transfer (alienation) and (or) assignment of any Intellectual Property Rights.
5.3. The license under this Agreement begins when the User accepts this Agreement by clicking the "Register" button and ends on one of the following dates, whichever comes first: the date of deletion of the Profile by the User or the date of termination of this Agreement. The license expires immediately if the User attempts to circumvent any technical means of protection used in connection with the operation of the Service, or otherwise uses Intellectual Property or the Service in violation of the rules established by this Agreement.
5.4. SP Drutis retains all rights, property rights and exclusive intellectual property rights to Intellectual Property owned by SP Drutis including, including, all copyrights, trademark rights, know-how, company (commercial) names, property rights, patents, software code, audiovisual effects, design themes, design, graphics, sound effects, musical works, both registered and unregistered, as well as all applications and additions and modifications to them. Unless otherwise expressly permitted by the conditions set forth in the provisions of Ukrainian law, Intellectual Property may not be copied, reproduced or distributed in any way on any media, in whole or in part, without the prior written consent of SP Drutis All rights not provided to the User within the framework of this Agreement in an explicit form, stored by SP Drutis
5.6. The user is liable in the event of infringement of the intellectual property rights of third parties, including copyright and related rights, as well as exclusive rights to an invention, utility model, industrial design or trademark.
5.7. On the pages of the site the User has the right to publish only those comments (including profile image, comment text and attached photo) that do not violate applicable law and / or the rights of third parties. If such work is the subject of copyright or includes it, the User warrants that he has the right to such use. By publishing these User provides payroll Drutis AG may use them without restrictions in the territory and by the term reproduction, distribution, translation, public performance, public display, and the message broadcast by cable, bringing to the public the public way that its representatives can access these objects from any place and at any time of their own choosing.
5.8. SP Drutis reserves the right to block any information posted by the User that violates the intellectual, exclusive and / or personal non-property rights of third parties, including copyright and related rights, at the request of the copyright holder or without such.
SECTION 6. PERSONAL DATA
6.1. SP Drutis processes personal data in accordance with the provisions of the Privacy Policy, which is an integral part of this Agreement, in order to comply with the provisions of this Agreement and provide Users with access to the Service.
SECTION 7. PURCHASING GOODS THROUGH THE ONLINE STORE
7.1. Purchase of goods through the Jewelatto.com online store is carried out in accordance with the provisions of the Public Offer Agreement for the purchase of goods through the online store, which is an integral part of this Agreement.
SECTION 8. PROHIBITION OF USE OF THE SERVICE
8.1. The user is prohibited from:
8.1.1. Download, post, transmit using site software, and / or any other means of publishing texts, programs, images or materials that promote terrorist activities or incite ethnic, racial or religious hatred, and reflect or promote violence or death that contains a description or depiction of harm to minors in any form, including any form of pornography;
8.1.2. Download, post, transmit using the software of the Service, or any other means of publishing texts, programs, images or materials containing obscene materials and information, in any form that encourages illegal actions, including gambling, illegal sale of weapons or drugs;
8.1.3. Commit or allow the commission of criminal or destructive acts prosecuted in accordance with the legislation of Ukraine;
8.1.4. Download, store, use or transmit any advertising information, description of fraudulent schemes, network marketing schemes, earning systems on the Internet, etc .;
8.1.5. Download, store, use or transmit any information that infringes the intellectual property rights of third parties;
8.1.6. impersonate another person or a representative of the organization and / or community, as well as mislead other Users;
8.1.7. collect and store information about other Users outside the Service in manual or automated mode;
8.1.8. In any way interfere with the work of the Service, including the creation, distribution or use of computer programs or other computer information intended for unauthorized destruction, blocking, modification, copying of computer information or neutralization of means of protection computer information, as well as intended to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs (computer viruses), for unauthorized access, as well as serial numbers to commercial software products and programs for their generations, logins, passwords and other means to obtain unauthorized access to the Service, as well as the placement of links to the above information.
8.2. By using the Service, the User undertakes not to violate its information security, namely not to perform the following actions:
8.2.1. not to make attempts to check the vulnerability of the Security systems of the Service, not to violate the registration procedures in the Service;
8.2.2. do not attempt to interfere with the use of the Service by other Users, including the spread of computer viruses, data corruption, constant sending of duplicate information, sending a large number of emails and / or requests to the Service in order to intentionally disable the site server and other actions, that go beyond the normal intended use of the Service, and are able to intentionally or negligently cause disruptions in its work;
8.2.3. not to send to the Users of the Service materials to which they did not give their consent, "spam", any letters and advertisements without the permission of SP Drutis;
8.2.4. not to imitate and / or forge any header of the TCP / IP package or any part of the header in any e-mail or material posted on the Service;
8.2.5. do not use or attempt to use any software or procedures to navigate or search the Service other than the Search Engine's built-in search engine and traditional and public browsers.
8.3. Violation of the provisions of clauses 8.1-8.3 of this Agreement is the basis for the unilateral refusal of SP Drutis from its further implementation.
SECTION 9. LIMITATIONS OF LIABILITY
9.1. SP Drutis is not responsible in case of direct or indirect financial or other losses of Users caused by temporary interruptions in the Service for the following reasons: scheduled or unscheduled technical and preventive work, technical failures of Internet providers, computer networks, servers and means, as well as illegal actions of third parties intentional, unintentional (including negligent) actions of the User and / or force majeure. At the same time SP Drutis undertakes to make every effort to restore the Service in the shortest possible time.
9.2. SP Drutis under no circumstances is liable for infringement of intellectual property rights of third parties, if such infringement was caused by the creation, download, posting, copying or modification of information, materials or images in the Service made by Users of the Service.
9.3. SP Drutis under no circumstances is responsible for violating the requirements of the law governing the processing of personal data, if such violation occurred as a result of violation by Users or Third Parties to whom the personal data was transferred with the consent of the User and / or his legal representative , legal requirements and terms of this Agreement.
9.4. This limitation of liability should be applied to the maximum extent permitted by law. This limitation of liability does not apply only in cases where any specific condition of limitation of liability is expressly prohibited by the conditions specified by law. However, other provisions of this Agreement shall remain in force and the Parties undertake to implement them as far as possible, as well as to replace provisions contrary to mandatory legislation with provisions as close as possible and valid under the law applicable to this Agreement.
9.5. In no case will SP Drutis be liable for all damages (except as provided by applicable law) in excess of the actual price paid by the User for the use of the Service, or 1000 (one thousand) hryvnias, depending on which amount is less.
SECTION 10. WARRANTIES
10.1. The Service, including its additional functions, is provided to the User "as is", with all defects, without any warranty, without technical specifications or any guarantees, and its use by the User is at your own risk. All risk associated with satisfactory quality and performance lies with the User.
SP Drutis does not give and thus refuses any explicit, implied or statutory guarantees, including possible guarantees of condition, uninterrupted use, accuracy of data, achievement of certain results, suitability for sale, satisfactory quality , suitability for a specific purpose, non-infringement of the rights of third parties, as well as guarantees (if any) arising from the usual practice of business transactions, the use of business practices, customs of business.
SP Drutis does not guarantee: the absence of failures when using the Service User; that the Service will meet the requirements, that the work of the Service will be continuous or error-free, or that the Service will interact or be compatible with any other Services SP Drutis, or that any errors in the Service will be corrected.
If the current legislation does not allow the exclusion or limitation of guarantees or the application of restrictions on consumer rights provided by law, the above exceptions and limitations are applicable to the fullest extent permitted by law.
10.2. The guarantees specified in clause 10.1 of this Agreement are an essential condition that determines the interest of SP Drutis to enter into this agreement.
SECTION 11. FINAL PROVISIONS
11.1. SP Drutis reserves the right to immediately without prior notice to the User to restrict or block access to the Service or take other measures against the User who has violated the terms of this Agreement.
11.2. By registering in the Service, the User confirms his agreement with all the provisions of the Agreement, as well as his compliance with all the conditions reflected in the registration forms and necessary for successful registration.
11.3. This Agreement may be terminated by SP Drutis unilaterally, in case of violation by the User of its terms and conditions. In this case, the User is obliged to immediately terminate access to the Service and use of Intellectual Property.
11.4. SP Drutis reserves the right in its sole discretion to change, amend, add or remove parts of this Agreement by posting an updated version of the Agreement at: __________________. Continuation of use of the Service by the User after making changes and / or additions to this Agreement means acceptance and consent of the User to such changes and / or additions.
11.5. If any provision of this Agreement is found to be invalid by a court, the Parties shall nevertheless endeavor to implement the intentions of the Parties set forth in this Agreement, while other provisions of the Agreement shall remain in full force and effect.
11.6. Disputes between SP Drutis and Users are resolved through negotiations, and in case of impossibility of such settlement in court in accordance with the legislation of Ukraine.
11.7. The relations of the parties under this Agreement are regulated by the legislation of Ukraine.
11.8. The parties do not have any concomitant oral and / or written agreements. The content of the text of this Agreement is fully consistent with the actual will of the Parties.