Using the service, which is a website available on the Internet under the unique domain name traficbank.com (hereinafter - the Site), the Internet user unconditionally agrees with this user agreement (hereinafter - the Agreement), which regulates the rules of use of the Site. The Site is an electronic platform for publishing information about goods and services. The Agreement defines the procedure of rendering services on the Website, as well as mutual rights, obligations and relationship between "TraficBank LLC", hereinafter referred to as "Provider" and the User of the Website. 1. TERMS AND DEFINITIONS
1.1 Website - a set of results of intellectual activity (software, photo, video, etc.), located in the Internet under the unique domain name traficbank.com (including the domains of the following levels), by means of which the Executor provides information services under the Agreement.
1.2 Website Services - functionality, services, tools provided by the Website software and available to Users. The Contractor shall be entitled to change the Site Services independently and without notice to Users in order to improve the quality of services under this Agreement.
1.3 Administrator - is an individual, a representative of the Contractor, which has the authority to make decisions on complaints from users of the Site. Administrator is guided in its activities internally and is not responsible for the actions of users of the Site, as well as performs preliminary review of material Authors, uploaded to the Site. Communication with the Administrator is carried out by e-mail [email protected]
1.4 User - is a capable individual (or representative of an individual entrepreneur or legal entity), who has undergone the registration procedure on the Site.
1.5 Visitor - unregistered or unauthorized person on the Site, who has visited the pages of the Site. If the Visitor does not agree with the terms of the Agreement, he/she must immediately stop viewing the Site.
1.6 Author - User, who posted an offer to buy their products and/or services on the website.
1.7 Partner - the User, the Author's representative, who has accepted the Partner's terms and conditions (Partner System) for selling the Author's Goods.
1.8 Buyer - a natural person, who has visited the Website and intends to purchase or has purchased the Author's Goods.
1.9. Goods - the Author's services and/or digital/informational goods, which he sells through the Site. Products are divided into the following types: electronic books and manuals, training courses (text, audio and video), paid access to the Site (membership), and their subtypes
1.10. Content is the results of intellectual activity, constituting the information content of the Site (texts, photos, videos, etc.).
1.11. Account - a personal account (section on the Website) of the User by means of which sales of the Goods are managed. Every User gets an Account after registering on the Website. After registering an account the User has a free account which can be changed into a paid account at any time in accordance with the conditions indicated in the "Account Switching" section of the Website.2. GENERAL PROVISIONS
2.1 The Contractor gives the User access to the Site's Services, through which the Authors post information about the Goods they offer for sale, the Partners promote (advertise) these Goods on the Internet, and the Buyers purchase the Goods.
2.2 The Agreement is a document in accordance with Article 633 of the Civil Code of Ukraine
2.3 The current version of the Agreement is always available on the Internet at: https://traficbank.com/agreement-en
2.4 By performing contemplative actions for the purpose of registration on the Web site, using the Services on the Web site, the User accepts the Agreement. The acceptance of the Agreement means unconditional acceptance of all of its provisions and annexes by the User, and the User understands the nature and content of the provisions of the Agreement, including the obligations imposed on it under the Agreement.
2.5 In case of disagreement with the provisions of the Agreement, User or Visitor agrees to immediately stop using the site.
2.6 Provider has the right to make changes to the Agreement unilaterally, without notice to Users. The new edition of the Agreement comes into force from the date of its publication on the Website. User and Visitor are obliged to independently read the current edition of the Agreement.
2.7 The Contractor is not an Author, Partner, Buyer or representative/agent of Users, does not participate in transactions carried out by these persons, and in disputes between them.
2.8 The Executor is not an electronic money operator and not a payment system operator in the sense of the Law of Ukraine "About payment systems and funds transfer in Ukraine" of April 5, 2001 № 2346-III
2.9 The Executor is not responsible for the quality of Goods and their compliance with the law.
2.10. User understands and unconditionally agrees that he uses the services of the Executor exclusively at his own risk and that the services are given to the User on the terms "as is" and "as available", namely the Executor does not declare and does not guarantee that
the services will meet the requirements of the User;
the services will be provided continuously, in a timely, safe and error-free manner;
any information obtained by the User as a result of using the services will be accurate and reliable;
defects in the operation or functionality of any software within the Site will be corrected within the time period expected by the User.
2.11. Communication with the Contractor on the functioning of the Site, as well as on any other issues related to the performance of obligations under the Agreement is carried out through the support service.
2.12. The User agrees to receive advertisements and other information from the Executor both directly on the Site (in the Account) and via the email indicated when registering on the Site. The User has the right to refuse to receive certain information by changing the settings of "Notifications" in their Account.
3.1 In order to be able to fully use Services of the site, the visitor must go through the registration procedure and get the status of the User.
3.2 Registration is done by filling the special form on the Site and confirming the e-mail address.
3.3 In order to carry out payment transactions on the site the User must have an "e-wallet" (Yandex.Money or Qiwi, etc.).
3.5 The Executor has the right to request from the User any documents confirming the information they provided during registration, as well as confirming the existence of the Author's rights (including intellectual property rights) to the Goods.
3.6 The User is entitled to act anonymously on the Site, however, the Executor reserves the right to suspend the anonymous User's activity at any time and demand his/her identification, including requesting the User to send a scan of his/her passport for this purpose. Failure to comply with the Contractor's requirements for the User's identification as well as provision of unreliable information by the User when registering leads to the blocking of the Account and termination of the Agreement unilaterally without a court order by the Contractor.
3.7 All actions made through the use of the User's Account are considered to be made by the User and the User is fully responsible for such actions.
3.8. The User takes all necessary and possible measures to prevent unauthorized access of third parties to its Account. The User is fully responsible for the security of their password, safety of their data and the transfer of their login and password to third parties.
3.9. The User shall immediately notify the Administrator in case of unauthorised access to its login and password.
3.10. User undertakes not to take any actions that can lead to disproportionate load on the Site.
3.11. The Site may contain links to other Internet resources. The User hereby agrees that the Provider 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. 4. USE OF ELECTRONIC SIGNATURE
4.1 Any action of the User with the login and password to the Account (electronic signature key) confirms the fact of forming of the simple electronic signature directly by the User. A simple electronic signature is a combination of login and password and confirms that the electronic message is sent by the specific person. The same rule applies to the actions of the Visitor, who uses his e-mail to communicate with the Administrator.
4.2 Electronic documents signed with a simple electronic signature are considered equivalent to documents on paper signed with a handwritten signature.
4.3 The User undertakes to keep his electronic signature confidential (not to share his login and password or provide access to his e-mail to third parties), and is fully responsible for its safety and individual use, choosing the way of their storage and restriction of access to them.5. INTELLECTUAL PROPERTY
5.1 Executor has the exclusive rights to all intellectual property posted on the Website (images, audio-visual works, texts, software, etc.).
5.2 User and Visitor is not entitled to use the objects of the Executor's exclusive rights for purposes not stipulated by the Agreement, without his special permission, drawn up in writing. Regardless of whether such actions are taken for profit or not.
5.3 User and Visitor have personal non-exclusive and non-transferable right to use the site provided that neither User or Visitor, nor any other person with the assistance of the User or Visitor will
-Copy or modify the software or intellectual property on the Site;
-Create programs derived from the software; penetrate into the software in order to obtain the codes of programs;
-sell, assign, lease, transfer to third parties in any other form the rights to the software provided to the User under the Agreement, as well as modify the Services of the Site, including for the purpose of obtaining unauthorized access to them.
5.4 When placing any intellectual property objects on the Website, the User guarantees to observe the provisions of the law and the rights of third parties, and assumes responsibility for violations.
5.5 The User and the Visitor are obliged to settle all disputes relating to the violation of third-party intellectual property rights on their own and at their own expense. The User will also compensate the Executor all losses and costs incurred in connection with such disputes in full.
5.6 In case of receipt by the Executor of a justified complaint (both private persons and authorities) about the breach of law or third parties' rights to the placed by the User intellectual property objects, the Administrator unilaterally removes such objects. Also the Administrator is entitled to block the User's Account. The cases when the Administrator has evidence of the legality of the User's posting of the disputable objects are an exception. 6. LIMITATION OF LIABILITY
6.1 Both User and Visitor agree that the Site meets their requirements at the time of accepting the Agreement, and will meet them thereafter.
6.2 Under no circumstances the Executive and its representatives won't be responsible before the User, Visitor or before any third parties for any indirect, casual, unintentional damage, including loss of profit or lost data, damage to honor, dignity or business reputation, caused by using the Website, the contents of the Website or other materials to which the User, Visitor or other persons got access through the Website, even if the Executive warned or pointed to the possibility of such damage.
6.3 In any case the Service Provider's responsibility is limited by the cost of the paid Account and is imposed only if the actions of the Service Provider are guilty.
6.4 Both the User and the Visitor are fully responsible for all his actions on the Website and for the consequences of these actions.
6.5 If as a result of a breach of the law by the User, which regulates the placement of information and intellectual property on the Internet, a fine and/or other payments will be charged from the Executor by court, the User is obliged to compensate these amounts of money to the Executor in full on the basis of the claim of the latter. 7. FINAL PROVISIONS
7.1 The Executor has a right to terminate the Agreement unilaterally and block the User's Account without possibility to restore it on the grounds and in the order provided by the Agreement as well as by the current legislation, including international agreements.
7.2. All disagreements or disputes that may arise between the parties to the Agreement in connection with its performance shall be resolved in the pretrial order by negotiations, sending letters of claim. The time limit for responding to a claim is ten (10) business days.
7.3 The laws of Ukraine shall apply to the Parties' relations under the Agreement. 7.4.
7.4 This Agreement is made in Russian language. By accepting this Agreement, the User declares that the text of this Agreement is clear to them and does not require translation. If necessary, the User agrees to translate the Agreement into another language he understands at his own expense, or to stop using the Site.
7.5. If an agreement for any reason is not reached in the course of pre-trial settlement, the dispute arising from the Agreement shall be considered in court in Ukraine