1. Subject of the User Agreement
1.1. The subject of this User Agreement (UA) is the relationship between S CARD SERVICE LLC (the Website Administration), being the rightholder of the Internet service located on the Internet at www.scard.ua (hereinafter referred to as the "Website"), and You (an individual or legal entity, the Internet user), hereinafter referred to as "the User", on the use of the Website and other services placed on it. By using the Website, the User agrees to comply with the terms and conditions referred to herein. The User Agreement can be amended by the Website Administration without any special notification.
1.2. The User Agreement regulates the use of the Website. The provisions of this User Agreement shall be mandatory for all Users registered through the Website, or those who have started using it. The User can review the current version of the UA by clicking on the link.
2. General terms
2.1. The site provides access to a complex of online services, including services for goods and services, accessible through a personal computer and various mobile devices, both existing and those that will be developed in the future.
2.2. The User is aware and agrees that the Website may contain advertisement, and that this advertisement is a prerequisite for using the Website. The User also understands and agrees that the Website may contain messages from the Website Administration, such as service messages, automatic notifications and newsletters.
2.3. All the services of the Website, including mail service, shall be provided "as they are" ("as is"). The Website Administration shall not assume any responsibility for the delay, deleting, non-delivery or failure to download any User data, including User settings, and it shall not be responsible for the User's compliance with the Website's goals. All issues of granting access rights to the Internet, purchase and setting of relevant equipment and software for this purpose shall be solved by the User independently and shall not be subject to this User Agreement.
2.4. The User agrees that the Website Administration can collect impersonal statistical data on the Website Users.
2.5. The Website Administration has the right to establish any additional requirements and restrictions with regard to registration on the Website and use of the Website.
2.6. In order to use the Website as a collection of computer software, the Website Administration grants the User (the licensee) the right to use the free functional (software) capabilities of the Website under a simple (non-exclusive) royalty-free license. The use of additional paid functional (software) capabilities of the Website is provided to the User (licensee) under a simple (non-exclusive) license for a period provided for by the corresponding additional paid functional (software) capabilities of the Site, by accessing additional paid functional (software) capabilities of the Website and its actual Use within the territory on which the Website is available.
3. Entering of the User Agreement into force
3.1. This User Agreement, as well as amendments hereto, come into force upon their publication at www.scard.ua. The User's consent with the terms of the User Agreement is expressed in the form of registration on the Website or by the actual use of the Website's services.
3.2. The User has the right to refuse to accept amendments to the UA made by the Website Administration, which means the User's refusal to use the services of the Website.
4. The User's obligations for registration within the Website
4.1. In order to use the services of the Website, as well as to obtain rights to use additional functional (software) capabilities of the Website, the User shall undergo the following registration procedure:
4.1.1. Fill in the registration form on the Website's services. After registration of the user in the accounting program 1C, it will be given a login and password for entering his personal account.
4.1.2. By posting the account and other data and information and signing to the User Agreement, the User expresses its consent to the Website Administration to process account and other data, to reflect them in the User profile and relevant services of the Website, taking into account the available functionality (which from time to time may be changed at the discretion of the Website Administration), as well as the fact that the account and other data reflected in the profile will be considered available to the Internet users taking into account such functionality. The User agrees to transfer account and other data to third parties, including for processing purposes, to ensure the functioning of the Website, services, implementation of partner and other programs of the Website, provided that the Website Administration ensures the regime with regard to the transmitted data on the part of the recipient of such data similar to the regime existing on the Website.
The purpose of processing of the User's account data is to provide the latter with the opportunity to use the Website's services and to grant the rights to use the additional functional (software) capabilities of the Website, to conduct advertising campaigns, to provide advertisement and services, to conduct statistical studies and analyse the statistical data obtained, to perform other actions described in the User's Agreement. The User's account data are processed from the moment of the User's registration and until the removal of its account.
The User agrees that the Website Administration during the processing of account data has the right to perform the following actions with the account data: collection, systematization, accumulation, storage, use, destruction and other actions necessary for the performance of the User Agreement.
4.2. The User shall be personally responsible for the safety and security of its Password and information data.
4.2.1. The Website administration shall not be responsible and does not guarantee the security of the User's data in the following cases: transfer of the Password to third parties (intentionally or by negligence); access of third parties to the User's e-mail box using software that allow selection and/or decoding of the Password; access of third parties to the User's e-mail box by simple selection of the Password; the User's non-compliance with the recommendations specified in this User Agreement or the Website's interface.
4.3. The Website Administration shall be entitled to provide the User with the opportunity to transfer account data to third parties by means of special technology, subject to the User's consent to such transfer. At the same time, the Website Administration shall not guarantee to the User the completeness and correctness of the transfer of account data and shall not be responsible for the safety of data during the transfer.
4.4. The User undertakes to:
4.4.1. Immediately notify the Website Administration of any unauthorized use of the User's password or account, or any other security breach;
4.4.2. Exit from the account upon termination of work with the account and a personal part of the Website's services. The Website Administration shall not be responsible for any possible loss or damage to data that may occur due to non-compliance with the recommendations set forth in Section 4 hereof.
4.5. The password of any Website's services of the User can be retrieved and restored only in case of accurate, correct and complete information specified during registration of the account. If the User has neglected accurate, correct and complete indication of the registration information, the Website Support Service, when addressed to, will not be able to retrieve the password. The Website Administration recommends securing the password and filling in the registration form of the Website's services accurately, correctly and completely.
5. Non-commercial use
5.1. The User agrees not to copy, sell or resell, nor to use for any commercial purposes any intellectual property objects placed in the Website's services, unless such permission is given to the User by the Website Administration.
6. General provisions on the use and storage of information and materials
6.1. The User acknowledges that the Website Administration may impose restrictions in the use of the Website services, including: the period of storage of messages and any other materials placed by the User, the maximum number of messages that can be sent or received by one User, the maximum amount of disk space, the maximum number of addresses to the Website services for a certain period of time, etc.
6.2. The User, using the functionality of the Website's services, agrees that the User's information can be transferred to the Website Administration's partners solely for the purpose of ensuring the provision of the services ordered by the User, as well as providing Users with the rights to use the additional functional (software) capabilities of the Website provided jointly with these partners and Only to the extent necessary for the proper provision of these services and granting of these rights.
7. Termination of the account and the User's website, as well as the deletion of materials posted by the User
7.1. The User agrees that the Website Administration reserves the right to terminate the User's account at any time without prior notice to the User.
7.2. The account can be terminated for the following reasons: a) violation of the provisions of this User Agreement and/or the User Agreement of the Website, its parts, and supplements to it, being its integral part; b) at the appropriate request of the authorities, in accordance with the legislation of Ukraine; c) due to unforeseen problems of a technical nature or safety-related circumstances; d) due to the creation of interference and any violations with respect to the Website's services, including the use of any devices, software, etc.
7.3. The Website Administration reserves the right, at its sole discretion, to suspend, restrict or terminate access to any Website's services at any time for any reason or without explaining the reasons, with prior notice or without it, without being responsible for any harm that may be caused to the User by such action.
7.4. The Website Administration shall have the right to delete the User account and/or suspend, restrict or terminate access to any of the Website's services if it detects signs of violation of the terms hereof in the User's actions without explaining the reasons for such actions.
8. Right to intellectual property objects
8.1. The User acknowledges and agrees that the Website's services contain trademarks and other intellectual property objects, the rights to which belong to the Website Administration (and/or contractors of the Website Administration), and cannot be used without obtaining the prior consent of the Website Administration.
9. Responsibility of the Website Administration
The User understands and agrees that:
9.1. The User uses the Website's services "as they are". The Website Administration shall assume no responsibility, including for the compliance of the Website's services with the User's goals;
9.2. The Website Administration does not guarantee that the services will meet the User's requirements; will be provided continuously, quickly, reliably and without errors; the results that can be obtained by the User will be accurate and reliable; the quality of any product, information and other things obtained using the Website's services will meet the User's expectations, and that all errors in the software will be corrected;
9.3. The Website Administration shall not be liable for any direct or indirect damages caused by the use or failure to use the Website's services; due to unauthorized access to the User's communications; due to the fraudulent activities of third parties, including the misuse of a sign or trademark of sCard.
10.1. The Website Administration can use the technology for User identification, including using cookies, and also use this technology for marketing purposes to study User preferences. At the same time, such identification shall be impersonalized and generalized, the Website Administration shall not track the actions of individual Users and shall not transfer information about them. Nevertheless, the information specified can be given to the authorized public authorities in compliance with the current legislation of Ukraine.
10.2. Within the functioning of the Website's services, secrecy of messages shall be provided and confidentiality of information about the Website's Users shall be observed, except for cases stipulated by the legislation of Ukraine.
10.3. The User agrees to use the registration data on the part of the Website Administration in a generalized form, for the purpose of "targeting" on the Website's services.
11. The principle of respect for the rights of Internet users
11.1. The Users of the Website services undertake to respect the rights of each other and third parties, respect established traditions and ethics on the Internet, not to abuse the services of the Website for purposes contrary to the regulations of the current legislation, as well as morality and virtue.
12. Interruptions in the Website's operation
12.1. The Website's Administration shall have the right to perform preventive works in the Website's services with the temporary suspension of the Website's services.
12.2. In case of force majeure circumstances, as well as accidents or failures in the hardware and software complexes of third parties cooperating with the Website Administration, or actions of third parties aimed at suspending or terminating the operation of all or part of the Website services, the Website's services may be suspended without prior notification of the Users.
13. Feedback and claims examination procedure
13.1. A user who believes that its rights and interests are violated because of the actions of the Website Administration can file a claim. Claims shall be examined by the Website's Users Support Service in accordance with the general procedure for examination of incoming requests. Contact form for communication with the Support Service is located at: firstname.lastname@example.org.
13.2. On issues regarding the Website's operation the User can contact the Customer Support Service at: email@example.com.
13.3. The User and the Website's Administration agree that all possible disputes regarding the User Agreement will be resolved in accordance with the regulations of the current legislation of Ukraine.
14. General information
14.1. Nothing in the User Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal hiring relations or any other relations between the User and the Website Administration not directly provided for by the UA.
14.2. Holding any provision of the UA invalid or unenforceable by a court shall not entail the invalidity or non-enforceability of other provisions hereof.
14.3. omission on the part of the Website Administration in case of violation by the User or other third parties of the UA's provisions shall not deprive the Website Administration of the right to take appropriate actions in defence of its interests later.
14.4. All disputes between the parties under this agreement shall be resolved through correspondence and negotiations using a mandatory pre-trial (claim) procedure. In case of failure to reach agreement between the parties through negotiation within sixty (60) calendar days from the receipt of a written claim by the other party, the dispute shall be submitted by any interested party to the court at the location of the Website Administration (excluding the jurisdiction of the matter by any other courts).
15. Amendments to the UA
15.1. The User shall have the right to refuse to accept amendments to the UA made by the Website Administration, which means the User's refusal to use the Website and the rights granted before.
15.2. In the event that regulatory acts are adopted by Ukrainian authorities that affect the whole or part of the operation of the Website or its individual services, the Website Administration reserves the right to make any changes to the operation of the Website services aimed at bringing the Website Administration's activities in compliance with the new standards.
Use of any Website's service means the User's unconditional consent to the provisions hereof.