Thank you for interest in web-portal https://uklon.com.ua and Mobile Apps "Uklon" for iOS, Android and Windows
The Portal is posted on the Internet and is supported by "UKLON" LLC.
1. GENERAL PROVISIONS
1.1. Using any function or Services of the Portal and Mobile Apps, any individual (hereinafter referred to as the “User”), irrespective of its legal status and civil capacity, is subject to the rules and restrictions specified in this User Agreement (hereinafter referred to as the “Agreement”).
1.2. The User gives its consent to obey all provisions of this Agreement during registration in the Portal or Mobile Apps. In case of disagreement with any provision of this Agreement the User is not allowed to use the Service of the Administrator.
1.3. The Administrator may amend, supplement or in any other way modify the Agreement without prior notification of a User.
1.4. The Agreement with all amendments and supplements is posted on the Portal and Mobile Apps. Hereby the User consents to amendments and alterations of the Agreement without receiving of any special confirmation of User.
1.5. Following terms in the present Agreement shall have the following meaning unless the context requires otherwise:
Administrator is LIMITED LIABILITY COMPANY "UKLON";
Portal - web Portal /legal;
Mobile App - an application for mobile devices "Uklon" for iOS, Android and Windows;
User - any legally capable individual who is at least 18 (eighteen) years old at the moment of registration or duly registered legal entity who accepted the provisions of this Agreement and uses Services of the Portal and Mobile Apps;
Service - any operation, other than supply of goods, which is related to the provision of Service, used in the performance of a particular action or certain activities to meet individual needs of the User;
Personal data - information or set of data about an individual who is identified or can be specifically identified with their use.
2. USER REGISTRATION
2.1. To use certain Services of the Portal and Mobile Apps the User is obliged to perform registration, resulting in creation of a unique account for the User to get access to the Services of the Portal and Mobile Apps.
2.2. The User shall provide accurate information about oneself while filling in an application form during registration.
2.3. If the User provides false information during registration or later, within the use of Services of the Portal and Mobile Apps, the Administrator has a right to suspend or terminate the account (registration) of the User without notice or obtaining any consent.
2.4. If the User's actions may lead to a breach of any rules and regulations of the applicable law, human rights and the possibility of claims towards the Administrator or ensuring responsibility of the Administrator for the actions of the User, the Administrator has a right to block User's actions immediately and suspend or delete the account of the User without notification or obtaining any consent from the User.
2.5. Except cases expressly provided in this Agreement, the Administrator undertakes to ensure all necessary measures stipulated by the applicable legislation of Ukraine and the requirements of reasonableness and good faith in order to protect Personal Data transmitted to the Administrator during registration of the User on the Portal and Mobile Apps.
2.6. By undertaking to comply the requirements of this Agreement, the User gives own full, unconditional and irrevocable consent for use of Personal Data, provided at registration on the Portal and Mobile Apps, in order to include such Personal Data to the database of Portal and Mobile Apps Users.
2.7. The Administrator has a right to delete the User's account if it is not used during 12 calendar months.
2.8. At registration on the Portal and Mobile Apps the User shall enter a unique password. The User is fully responsible for the reliability of the password and protection of own account.
2.9. If the third party obtains access to User's account, the User must immediately notify the Administrator in order to ensure the appropriate measures if the User is able to confirm the possession of such specific account by the User.
2.10. The User ensures safety of information about passwords and other confidential information by himself. The Administrator is not responsible for the consequences of the disclosure of User's confidential information about Personal Data (Username and password). This provision regulates both the voluntary transfer of User's Personal Data to third parties and the loss of confidential information about User's Personal Data beyond its will.
3. USE OF PORTAL AND MOBILE APPS WITHOUT USER REGISTRATION
3.1. The User can use specific Services of the Portal and Mobile Apps without registration.
3.2. Regardless of the fact of registration the User undertakes to comply the terms of this Agreement while using the Services of the Portal and Mobile Apps.
3.3. The Administrator has a right to restrict the use of certain Services of the Portal and Mobile Apps by the User without prior consent of the User to the terms of this Agreement.
3.4. If the User's actions may lead to a breach of any rules and regulations of the applicable law, human rights and the possibility of claims towards the Administrator or ensuring responsibility of the Administrator for the actions of the User, the Administrator has a right to block the User's actions immediately without notification or obtaining any consent from the User.
3.5. Except cases expressly provided in this Agreement, the Administrator undertakes to ensure all measures stipulated by the applicable legislation in order to protect Personal Data transmitted to the Administrator during use of the Services of the Portal and Mobile Apps by the User without registration.
4. PERSONAL DATA
4.1. All issues regarding collecting, using, processing and protection of Users Personal data are regulated by separate Privacy Statement placed on the Portal and Mobile App.
5. PORTAL AND MOBILE APPS SERVICES
5.1. The Portal and Mobile Apps are intended solely to provide information Services to the Users, including access to public domain information, information that is lawfully provided by third parties, intellectual property items, which are legally used by placing on the Portal and Mobile Apps.
5.2. The Portal and Mobile Apps do not contain and are not purposed for posting of confidential information, restricted information, information of third parties, for posting of which the Portal and Mobile Apps have not obtained due permits and authorities.
5.3. In case the Users detect information and/or intellectual property items with restricted use or with the rights, which belong to third parties, the User must contact the Administrator and report on such violation, indicating the Internet address of information and/or intellectual property items, which violate the rights of third parties according to the User, and to report about the nature of such violation.
5.4. On a contract basis the Administrator involves third parties providing and / or offering services to the Users through the Portal. The Administrator provides such third parties with informational, promotional and / or other services exclusively, related to the posting of information about such third parties, without giving any guarantees to the Users as for the quality of service provided to the Users by third parties.
5.5. The Administrator is not responsible and undertakes no obligation concerning Services provided to the Users on the Portal and Mobile Apps by third parties.
5.6. Provision of Services to the Users by third parties is carried out on the basis of certain agreements of specific Users and third parties, where the Administrator is not the party, even if the User received information about these Services using the Portal and Mobile Apps, or if the Administrator in any other way contributed to the conclusion of such agreements.
5.7. The Administrator is not responsible for the timing, quality of information about these Services, as well as the Administrator is not liable towards Users for any negative effects, damage (losses) caused to the User due to failure or improper provision of Services by third parties.
5.8. Insurance. The User gives its full, unconditional and irrevocable consent for insurance of its life during transportation, carried out by the third parties. The insurance is conducted at Administrator’s own expense, the User shall not be obliged to pay any insurance payments. The choice of the insurance company and the terms of insurance are determined at Administrator’s discretion, whereon the User gives its unconditional consent
6. LIMITS FOR PORTAL AND MOBILE APPS SERVICES USE
6.1. While using Services of the Portal and Mobile Apps the User may post information and intellectual property items (hereinafter referred to as the Content). In addition, at posting the Content, the User guarantees that he rightfully owns such content or proprietary rights for it and/or has received all necessary permits from third parties for posting such Content. If there are claims towards the Administrator, the User shall settle such claims by itself and at own expense or reimburse losses incurred by the latter due to improper placement of the Content on the Portal and Mobile Adds by the User.
6.2. The User agrees not to use the Services of the Portal and Mobile Apps for transmission, posting or spreading of information by any means, the content of which is unlawful, threatening, defamatory, offensive, infringing intellectual property rights, spreading hatred and/or discrimination against people by any grounds, contains offences and claims towards other Users, the Administrator or any third parties whose rights are specified by the Law of Ukraine "On the protection of public morality", the Constitution of Ukraine and other relevant regulations. Distribution of any erotic, sexual or pornographic information on the Portal and Mobile Apps is also prohibited. In case the Administrator incur any losses related with posting of illegal information on the Portal, the User shall reimburse such losses of the Administrator in full amount.
6.3. The Administrator takes no action and is not responsible for the reliability of information, accuracy and legitimacy of posting Content on the Portal and Mobile Apps. The Administrator does not verify the Content posted by the Users and/or legally reproduced from other sources, including the Internet, provided that there is specified the source of such content and bears no responsibility for its accuracy and legitimacy.
6.4. While using the Portal and Mobile Apps the Users have not right to store, post, transmit or otherwise distribute any information and/or intellectual property items that may lead to the violation of third parties' rights, including the right for Personal Data protection.
6.5. While using of the Portal and Mobile Apps the Users can not carry out any actions that violate or can be the result of a violation of the applicable legislation of Ukraine or legislation of other state where the User is located, as well as relevant international legislation.
6.6. Provision of information Services and advertising on the Portal and Mobile Apps is performed exclusively by the Administrator or under condition of prior written consent of the Administrator. The Users can not carry out unauthorized placement of advertising information, otherwise the User shall reimburse the incurred losses to the Administrator in full amount.
6.7. Information posted on the Portal and Mobile Apps shall not include:
- restriction of rights of minorities;
- false representation as another person or representative of a company and/or community without sufficient rights, concerning also the staff and owners of the Administrator, as well as misrepresentation on properties and characteristics of any entities or objects;
- materials which the User has not right to disclose according to the law or in accordance with any contractual relations;
- materials violating rights concerning any patent, trademark, trade secret, copyright or other proprietary rights and/or copyright and adjacent rights of third party;
- adware, "spam" correspondence, "chain letters", invitation to financial Services or imposing of Services otherwise;
- materials containing computer codes designed to breach, destroy or limit the functionality of any computer or telecommunications equipment or programs to perform illegal access as well as serial numbers to commercial software products, logins, passwords and other means to obtain unauthorized access to paid resources of the Internet;
- drugs advertising;
- posts with rude and offensive remarks and proposals addressing to anyone;
- posts with pornographic content.
6.8. Any materials received by User through the Portal and Mobile Apps are applied by the User at own risk. The User is solely responsible for any damage of the computer and/or data after downloading and using of these materials.
6.9. The Administrator shall inform the User about claims of third parties concerning the Content posted by the User. The User agrees to provide the Administrator with the data about the rights for the Content or to delete the Content.
6.10. The Administrator has a right to provide available information about the User, without excluding Personal Data, to the state authority upon first demand of such appropriate authorized (law enforcement) authority in accordance with the applicable legislation.
7. EXCLUSIVE RIGHTS AND GUARANTEES OF ADMINISTRATOR
7.1. The Portal, Mobile Apps, any of its components, including source code, design elements, text and other intellectual property items are the exclusive property of the Administrator.
7.2. This Agreement does not provide any rights or permissions for the User to use the Portal and Mobile Apps by means other than provided according to the functionality of the Portal and Mobile Apps.
7.3. The Portal is available to Users according to the "as is" principle. The Administrator undertakes no guarantees for the smooth operation of the Portal and Mobile Apps Services, timeliness and accuracy of their operation as for verification of any facts and compliance of the Services of the Portal and Mobile Apps with objectives of the User.
8. LIABILITY LIMITATION OF Administrator
8.1. The Administrator is not liable for any damage to life and health, any direct and/or indirect losses, material and/or non-material damage, liabilities or losses incurred as a result of the using or non-using of information posted on the Portal and Mobile Apps as well as using of the Services of Administrator and which may be caused by incomplete or untimely providing of information Services by the Portal and Mobile Apps; lack of opportunities to access Services or use them; failure to provide or improper provision of Services to Users by any third parties; any actions or omissions of third parties; availability or lack of third parties’ authorities, permits, licenses, approvals, the presence or absence third parties’ special legal status etc.; unauthorized distribution, modification or destruction of Users information as a result of any use of the Portal and Mobile Apps.
8.2. The Administrator does not guarantee regular or unconditional access to the Services provided on the Portal and Mobile Apps. Force majeure and other factors, prevention or elimination of which is beyond the capacity of the Administrator may disturb the functioning of the Portal and Mobile Apps.
8.3. The Administrator is always willing to take into consideration the suggestions and proposals of any User of the Portal and Mobile Apps concerning its operation.
9. FINAL PROVISIONS
9.1. This Agreement is a contract between the User and Administrator concerning the procedure of use of the Services of the Portal and Mobile Apps and it supersedes all prior agreements between the User and Administrator.
9.2. The present Agreement shall be governed by and construed in accordance with the legislation of Ukraine. Issues other than regulated by this Agreement shall be settled in accordance with the applicable legislation of Ukraine. All possible disputes arising from relations governed by this Agreement shall be settled in the manner prescribed by the applicable legislation of Ukraine at the place of location of the Administrator. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" refers to the legislation of Ukraine
9.3. Considering cost-free Services provided under this Agreement, the rules on consumer protection, stipulated by the legislation of Ukraine, cannot be applied to relations between the User and Administrator.
9.4. Nothing in this Agreement shall be understood as the establishment between the User and Administrator of agency relationships, assignments, company relations, and relations as for joint activity, employment or any other relationship, not expressly provided in the Agreement
9.5. In case one or more provisions of this Agreement shall be deemed invalid or such as have no legal effect because of any reasons, it does not affect the validity or applicability of the other provisions of the Agreement.
9.6. Inaction of the Administrator as for violation of the Agreement by the User or other Users does not preclude Administrator's rights to take appropriate actions to protect its rights later and does not specify the Administrator's waiver in case of further such or similar violations.
9.7. This Agreement is executed in the Ukrainian language, but it is provided in Russian and English for the Users' familiarization. At inconsistency of the terms of this document in the Ukrainian language and its translation in English and Russian, only version in the Ukrainian language has legal force, posted at the address: /legal/terms.
Date of Agreement revision is May 25, 2018.
EDRPOU (USREOU) 40625367
e-mail: [email protected]
Technical support: +380931771508