USER AGREEMENT
1. GENERAL PROVISIONS.1.1. This User Agreement (hereinafter referred to as the Agreement) is a public offer and determines conditions of use of materials and services and regulates relationships between Konditerskie Morozova Limited Liability Company (hereinafter referred to as the Website Administration) and an individual (hereinafter referred to as the User) acting on its behalf or on behalf of a legal entity (hereinafter referred to as the Company) published on the website on the Internet at: https://pekarro.ru/ (hereinafter referred to as the Website).
1.2. Any User’s actions related to the website use shall be deemed as an acceptance of this offer.
1.3. By using the Website, the User accepts the Agreement and the amendments hereto. The User shall be personally responsible for checking this Agreement for any amendments.
1.4. This Agreement establishes the rights and obligations both between the Website Administration and the User and between the Website Administration and the Company.
1.5. Main functions of the Website can be used for free. Free use can be limited by certain terms.
1.6. The usage of materials and services at the Website shall be regulated by the current legislation of the Russian Federation.
1.7. The User uses the Website for the following purposes:
• to view materials published on the Website;
• to register and/authorized on the Website;
• to obtain information on the products sold;
• to post messages, comments, Users’ reviews, give ratings to the Website contents;
• to select and order goods/services for further purchase;
• to obtain analytical information directly or indirectly related to the goods.
1.8. Usage of the Website materials without the consent of the owners of intellectual property rights is not allowed.
1.9. Quotation of the Website materials is prohibited.
2. TERMS AND DEFINITIONS.2.1. For the purposes of this Agreement, the terms below have the following meanings:
2.1.1. "https://pekarro.ru/" shall mean an Internet resource located at domain name "//pekarro.ru/" carrying out its activities using the Internet resource and related services (hereinafter referred to as the Website).
2.1.2. "https://pekarro.ru/" shall mean a website containing information on the Goods and/or Services and/or other assets for the User allowing to select, order and/or purchase the Goods.
2.1.3. Website Administration shall mean employees authorized to manage the Website and acting on behalf of a legal entity.
2.1.4. Website User (hereinafter referred to as the User) shall mean a person having access to the Website through the Internet and using the Website.
2.1.5. Website Contents (hereinafter referred to as the Contents) shall mean protected results of intellectual activities and personalization means, including but not limited to the following: texts, names, forewords, abstracts, articles, illustrations, covers, graphical, textual, photographical, trademarks names, logos, design and appearance forming the website, the website source code and other intellectual property objects jointly and/or individually at https://pekarro.ru website.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES.3.1. The Website Administration has the right to.
In addition to the Administration rights specified in the Agreement, the Administration also has the right to:
• Change the Website Terms of Use and change the contents of this Website. The changes shall come into force after publication of the new version of the Agreement on the Website.
• Establish any restrictions (temporary or permanent) for the Website use;
• Perform service maintenance resulting in suspension of the Website operation partially or in full;
3.2. The User has the right to:
3.2.1. Use any services on the Website and purchase any Goods provided on the Website.
3.2.2. Use the Website only for the purposes and according to the procedure stipulated by the Agreement and not prohibited by the legislation of the Russian Federation.
3.2.3. Demand the administration to hide information on the user.
3.2.4. Use the website information for commercial purposes without special permission.
3.3. The Website User shall:
• fulfill all obligations taken due to acceptance of this Agreement;
• avoid taking any actions (with or without automatic tools) aimed at collection of any personal data of other Users;
• avoid taking any actions or help third parties in actions aimed at disruption of the Website operation, including, but not limited to (a) upload viruses or malware; (b) take actions that may result in the Website shutdown, the Website or its software malfunction or in deterioration of the Website and/or Website Contents appearance;
• avoid taking any other actions that are illegal, fraudulent, discriminatory or misleading;
• not upload content that is illegal, violate any third party rights; promotes violence, abuse, rage and (or) discrimination in terms of race, nationality, gender, religion or social designation; contains unreliable information and (or) obscenities addressed to certain persons, organizations or public bodies;
• not inspire to commit illegal actions or assist persons whose actions are aimed at violating restrictions and prohibitions existing in the Russian Federation.
3.4. The User must not:
3.4.1. Use any devices, programs, procedures, algorithms and methods, automatic devices or similar manual processes to access, obtain, copy or trace the Website Contents.
3.4.2. Prevent the Website proper functioning.
3.4.3. Bypass the Website navigation structure in any way to obtain or try to obtain any information, documents, or materials by any means not specifically provided by the Website services.
3.4.4. Access the Website functions, any other systems or networks related to the Website and to any services provided on the Website in an authorized way.
3.4.5. Disrupt the safety or authentication system on the Website or in any network related to the Website.
3.4.6. Backward search, trace or try to trace any information on any other Website User.
3.4.7. Use the Website or its Contents for any purposes prohibited by the legislation of the Russian Federation and provoke to carry any illegal activities or other activities violating the rights of the Website or other persons.
4. WEBSITE USE4.1. The Website and the Website Contents is owned and managed by the Website Administration.
4.2. The Website Contents is copyrighted, protected by the trademark legislation and by other rights related to intellectual property and unfair competition legislation.
4.3. This Agreement covers all additional terms and conditions for the purchase of the Goods and/or the provision of services provided on the Website.
4.4. The Website Administration owns all rights for trademarks, commercial (business) names, brands, logos (hereinafter referred to as the Trademarks). Such trademarks are protected by the current legislation and NOTHING in this Agreement can be interpreted as transfer of any license for using such Trademarks to the User.
4.5. Nothing in this Agreement can be interpreted as transfer of any exclusive rights for the Website Contents (partially or in full) and/or Website software to the User.
4.6. The Website Administration has the right, at any time and without notice to the User, to change the list of Goods and services offered at the Website and (or) their prices.
5. RESPONSIBILITY OF THE PARTIES.5.1. Any losses that the User may incur in case of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, shall not be reimbursed by the Website Administration.
5.2. The Website Administration shall not be responsible for:
5.2.1. Delays or failures in the course of transactions caused by force majeure, as well as any case of malfunctions in telecommunication, computer, electrical and other related systems.
5.2.2. Actions of transfer systems, banks, payment systems and delays associated with their operation.
5.2.3. The proper functioning of the Website if the User does not have the necessary technical means to use it, and the Administration shall not have any obligations to provide users with such means.
5.2.4 For the specifics and quality of services provided by third parties, the links of which may be placed on the Website. The User shall be responsible for interaction with such third parties.
5.2.5. The Website Administration shall not be responsible and shall not have direct or indirect obligations to the User in connection with any possible or resulting damages or losses associated with any Website Contents, copyright registration and information on such registration, goods available on or received through external websites or resources or other User's contacts entered into using the Website information or links to external resources.
5.2.5. The User agrees that the Website Administration is not in any way responsible and does not have any obligations in connection with the advertisements that may be placed on the Website.
6. VIOLATION OF THE USER AGREEMENT CONDITIONS6.1. The Website Administration has the right to disclose information on the User of the current legislation of the Russian Federation demands or allows such disclosure.
6.2. The Website Administration has the right, without prior notice to the User, to terminate and (or) block access to the Website if the User has violated this Agreement or the terms of use of the Website contained in other documents, as well as in case of termination of the Website operation or due to a technical malfunction or problem.
6.3. The Website Administration shall not be liable to the User or third parties for termination of access to the Website in case of violation by the User of any provision of this Agreement or other document containing the terms of use of the Website.
7. SETTLEMENT OF DISPUTES7.1. In case of any disagreements or disputes between the Parties to this Agreement, it is mandatory to file a claim (a written proposal for a voluntary settlement of the dispute) before going to court.
7.2. The receiver of the claim within 30 calendar days after receiving the claim shall notify the applicant in writing about the results of the claim examination.
7.3. If it is impossible to settle the dispute voluntarily, either Party has the right to go to the court to protect their rights, granted to them by the current legislation of the Russian Federation.
7.4. Any claim regarding the terms of use of the Website should be filed within 5 days after the grounds for the claim arise, except for the protection of copyright for Website materials protected by law. If this clause is violated, no claim shall be examined by the court.
8. ADDITIONAL CONDITIONS8.1. The Website administration does not accept counteroffers from the User regarding changes to this User Agreement.
8.2. User reviews posted on the Website are not confidential and can be used by the Website Administration without restrictions.
8.3. This Agreement shall become effective after its publication on the Website and shall remain effective within an indefinite period of time, until it is replaced by a new version or cancelled by the Website Administration.
8.4. Unless otherwise clearly specified in the provisions of this Agreement or directly follows from the current legislation, the substantive law of the Russian Federation shall be applied to the terms hereof.
8.5. If one or more terms hereof become ineffective or are recognized as invalid according to the current legislation, the remaining terms of the Agreement shall not become ineffective and remain valid as if the term recognized as invalid or as ineffective did not exist at all.