Entrlcom

ENTRLCOM USER AGREEMENT

Effective May 15, 2020

This user agreement (hereinafter referred to as the Agreement) is an agreement between any physical person or legal entity who has agreed to the terms and conditions set forth in this Agreement in the specified manner (hereinafter referred to as the User), and ____ (hereinafter referred to as the Administration). The course of performance by the User aimed at using the Service is considered as the unconditional acceptance of this Agreement. This Agreement along with the Administration’s policy on confidentiality and processing of personal data, other additional conditions and rules that relate to the use of the Service and are presented on the Service’s website, contain terms and conditions that apply to each User of the Service and its components, including located on the Service website. By using the Service, the User agrees to these terms. If the User does not agree with any of the conditions, the User must stop using the Service.

Definitions

1.1. The parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
"Administration" is Entrlcom Limited which is the exclusive owner of the Service.
"User" is any physical person or legal entity who has agreed to the terms and conditions set forth in this Agreement by performing the specific actions specified in the Agreement aimed at using the Service.
"Service" is a web service available on the Internet at Entrlcom which is a web portal for placing a catalog of products with the ability to search and promote products. The service includes a combination of information, other computer programs (components, modules), databases, software codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic, and other materials, as well as other results of intellectual activity.
"Search engine" is a separate component of the Service (module) that allows the User to search for products and information about them in the Service using the Flypages placed in it by entering a search query into the Search system interface on the Service website.
"Search request/Search query" is a sequence of words and symbols that identify the product or its characteristics, which allows the Search system to search the product database and display the relevant result in the form of a list of Flypages.
"Product" is any product, work, or service that is not limited in commercialization in accordance with applicable law, as well as property rights, including exclusive rights to text, graphic, audio, and video materials.
"Flypage" is an informational text and graphic item containing a description of the product and its characteristics.
"Click" is an action by the User to click on the link to the Flypage, which is displayed in the search results of the Search system or directly on the Service website.
"Content" is a set of text, graphic, audio and video materials (including audiovisual works) posted on the website of the Service and used by it, the rights to which belong to the Administration as the copyright holder or licensee on the basis of law, contract or other transaction.
"User documentation" is instructions and information materials explaining the procedure for using the Service by the User or its individual modules.
"Registration" is a procedure when the User provides reliable data about himself in the form approved by the Administration and also creates a login and password. Registration is considered completed only if the User has successfully completed all of its stages, including activation, performed by clicking on a unique link sent to the email address or phone number specified by the User. Instead of registering, the Service may offer to make initial authorization using a third-party web service, as a result of which a token identifying the User will be transferred to the Administration.
"Credentials", "Login and Password" is a set of characters used to identify the User when he/she accesses the account.
"Account", "Member area", "User account" is a set of entries in the Administration database that identifies the User with the credentials specified during registration and allows you to manage the parameters of the Service and the services available using the Service.
"User credentials/Credentials" is data voluntarily specified or uploaded by the User during the registration process and during further use of the Service. Data is stored in the Administration database and is subject to use exclusively in accordance with this Agreement and applicable law.
"Login" is a procedure when the User enters his username and password in the fields provided in the form of the Service interface or third-party web service in order to identify it, transfer the token to the Administration and determine the reliability of the access to the Account and the full functionality of the Service.
"Token" is a unique set of characters that identifies the User in accounts of third-party web services (social networks, Google Play, Apple AppStore, and others). The token allows an authorized connection to the Service using authorization through third-party web services.
"Terms of use" is a set of agreements between the User and the Administration that includes this Agreement, the Privacy Policy, as well as other agreements that separately stipulate that they are included in the Terms of Use of the Service.
"Personal data" is any information relating to a specific person (personal data owner) defined or determined on the basis of such information, including his last name, first name, middle name, year, month, date and place of birth, address, email address, phone number, marital, social, property status, education, profession, income, other information.
"Statistics" is information on the use of the Service, its modules, the website as a whole, as well as on Users viewing Content, Flypages, on the number of Clicks, Search Queries, collected using Counters, Cookies, Web Beacons and other similar technologies.
"Counter" is part of the Service, a computer program that uses a code fragment that is responsible for collecting statistical and personal data about the use of the Service. The administration can use counters of its own design, as well as those provided by third parties under a limited license (license agreement), for example, Google Analytics, Yandex.Metrica and other similar meters. Counters collect personal data in an anonymous form.
"IP-address" is a number from the numbering resource of a data network built on the basis of the IP protocol (RFC 791), which uniquely identifies a terminal (computer, smartphone, tablet) when providing telematic communication services, including Internet access, other device or means of communication included in the information system and owned by the User.
"Cache" is intermediate storage located on the User’s device of data received from the Service’s website and requested more often than others with the highest probability, access to which from the cache is possible at a much faster speed than fetching source data from a remote source (for example, remote server or website).
"Cookies", "cookie" is a small piece of data sent by the web server and stored on the device of the user of the website on which the Counter is installed. Cookies contain small chunks of text and are used to store information about browsers. They allow you to store and receive identification information and other information on computers, smartphones, phones, and other devices. The cookie specifications are described in RFC 2109 and RFC 2965. Other technologies are used for the same purpose, including data stored by browsers or devices, device identifiers, and other software. In this Agreement, all of these technologies are called cookies.
"Web beacons" are images in electronic form (single-pixel (1x1) or empty GIF images). Web beacons can help the Operator recognize certain types of information on the User’s device, for example, cookies, the time and date of viewing the page, and the description of the page where the web beacon is located.
"Messenger" is an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and/or used to receive, transmit, deliver and/or process user electronic messages Internet (e.g. Skype, WhatsApp, Viber, etc.).
"Checksum" is a certain value (sequence of characters) calculated from a data set by applying a specific algorithm, used within this Agreement to verify the integrity (authenticity) of electronic files during their transfer or storage. For the purposes of this Agreement, the calculation and verification of Checksums are performed by applying the algorithms MD5 and SHA256.
"Applicable law" is the legislation of the country where the Administration is registered or is a resident. In certain cases, applicable law may mean the legislation of the country where the User resides or is a resident of if such legislation establishes the priority of its rules over the rules of this Agreement.

1.2. All other terms and definitions that appear in the Agreement are interpreted by the Parties in accordance with applicable law, current recommendations (RFC) of international bodies for standardization on the Internet, and using the usual rules for the interpretation of relevant terms that have developed on the Internet.

1.3. Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.

1.4. The names of the headings (articles), as well as the design of the Agreement, are intended only for the convenience of using the text of the Agreement and have no literal legal value.

Subject of the agreement

2.1. This Agreement governs the relationship between the User, on the one hand, and the Administration, on the other hand, in order to provide the User with the right to use the Service, and also regulates the procedure for using the Service.

2.2. In accordance with this Agreement, the Administration provides the right to use the Service in accordance with its purpose and functionality described in the User Documentation, in particular for the search for products and information about them.

2.3. In order to fulfill its obligations under this agreement, the Administration has the right to involve third parties in the execution of the Agreement without agreement with the User.

Intellectual property rights to the service

3.1. The Service, its parts and individual components (including, but not limited to: computer programs, databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials) are objects of intellectual property protected in accordance with applicable law. It's allowed to use them only with permission of the Administration.

3.2. The Administration hereby grants to the User for the entire term of this Agreement a simple (non-exclusive), revocable, limited license to use the Service without limiting the territory of its operation and not subject to transfer or assignment to third parties. Such a simple (non-exclusive) license is intended to provide the User with the opportunity to use the Service in accordance with its purpose, taking into account the restrictions provided for by this Agreement.

3.3. Revocation of a license granted in accordance with this Agreement shall be performed in the manner prescribed by applicable law for refusal to execute a license agreement.

3.4. The right to use the Service includes the right to reproduce the Service or certain sections of its code on the User’s end device (computer, smartphone, tablet, etc.) for caching and launching using the target operating system (browsers) to use the Service in according to its purpose.

3.5. The right to use the Service does not include the right to make a copy of it for archival purposes since the use of the Service occurs in a remote (online) mode.

3.6. In accordance with this Agreement, it is allowed to simultaneously use the Service on an unlimited number of User devices.

3.7. The use of the Service in accordance with this Agreement may also have other limitations in functionality specified in the User Documentation of the Service.

3.8. The right to use the Service provided to the User under this Agreement implies the right to receive regular updates of the Service within one version (minor updates of the current release which are not a new version) and new versions of the Service (major updates, new releases which are a new version), if available.

3.9. The User agrees that he/she does not have the right (including the right to allow someone) to modify, create derivative works, disassemble the Service into component codes, decompile or otherwise try to obtain the source program code of the Service or any part of it, unless there are written permission of the Administration to perform such actions. Otherwise, the User is fully liable for such actions provided for in this Agreement, as well as by applicable law.

3.10. This Agreement does not provide for the transfer of intellectual property rights of the Administration (or part thereof), except for a limited license, which is granted on the basis of this Agreement. Nothing in this Agreement constitutes an assignment of intellectual property rights of the Administration or a waiver of these rights on the basis of applicable law.

3.11. The Service contains or may contain computer programs that are licensed (or sublicensed) to the User in accordance with the public GNU license or other similar Open Source licenses, which, among other rights, allow the User to copy, modify, redistribute certain computer programs or parts thereof and gain access to the original code. If such a license provides for the provision of source code to users for whom the computer program is provided in the format of executable binary code (object code), the source code is made available upon request to the Administration's email address. If any license for open-source computer programs requires that the Administration grants rights to use, copy or modify open-source computer programs that go beyond the rights provided by this Agreement, such rights shall prevail over the rights and restrictions specified in this Agreement.

General rights, responsibilities and warranties of the administration

4.1. The Administration guarantees that it has all legal grounds for providing the User with the right to use the Service under this Agreement. All rights to the Service and its constituent components belong to the Administration or to other copyright holders who have granted the Administration a non-exclusive license with the possibility of sublicensing, including under an open license (LGPL, BSD, MIT, etc.).

4.2. The Administration undertakes to make all reasonable efforts to ensure the stable operation of the Service, its gradual improvement, and correction of errors in the operation of the Service, however, the Service is provided to the User ''as is''. This means that the Administration:

4.3. does not guarantee the absence of errors in the operation of the Service;

4.4. is not responsible for the continuous operation of the Service and its compatibility with software and hardware of the User and other persons;

4.5. is not responsible for causing any losses that have occurred or may arise in connection with or while using the Service;

4.6. is not responsible for non-fulfillment or improper performance of its obligations due to failures in telecommunication and energy networks, malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and (or) disabling the Administration's software and (or) hardware complex.

4.7. The Administration has the right to provide the User with access to the Service and maintain the Service in an operational condition and also has the right to suspend the provision of access to the Service for the time necessary for scheduled preventive and restoration work on the equipment without prior notice to the User. In addition, the Administration has the right to suspend the User’s access to the Service upon the discovery of the fact of providing false information about himself when registering or using the Service.

4.8. In case the User repeatedly violates the terms of the Agreement, the Administration reserves the right to terminate the User’s access to the Service (including by blocking access to the Service through the IP address from which this User was registered or the largest number of visits to the Service by this User was made) and delete all his registration data unilaterally, without notice and reason, as well as restrict or terminate the User’s access to the Service and/or Account.

4.9. The Administration reserves the right to establish any rules, limits, and restrictions (technical, legal, organizational, or other) on the use of the Service, and may change them at its discretion, without prior notice to the User. In cases where this is not prohibited by applicable law, these rules, limits, and restrictions may be different for different categories of Users.

4.10. The User agrees that the Administration has the right to use the data provided by the User during registration in order to conduct marketing activities related to the Service, as well as send to the email address provided by the User and (or) by sending SMS messages to the mobile phone number provided by the User, place in the space limited by the User’s access (Account), advertising and informational messages at their discretion. The Parties agreed to consider this clause as the prior consent of the User to receive advertising.

4.11. The Administration reserves the right to contact the User by making calls, sending SMS messages and messages to an electronic mail address in order to check the quality of the Service and reporting critical information to the User.

4.12. The Administration reserves the right to request electronic copies of documents to identify the User. The administration is also obliged to provide reliable contact information about the User at the request of registration agencies or law enforcement agencies in accordance with applicable law.

4.13. The Administration undertakes to ensure the confidentiality and safety of all data received from the User, except when such disclosure occurred for reasons beyond the control of the Administration, as well as except for cases provided by applicable law.

4.14. The administration undertakes to provide technical support to the User in the form of a written consultation provided within 3 (three) business days, on issues related to the operation and use of the Service. Technical support is provided only at the official request of the User, made by the methods provided for in this Agreement for the exchange of notifications, messages, and documents. A specialist from the Administration can only consult you on issues related to the operation and use of the Service. Consultations on issues not related to the operation of the Service are not provided.

General rights, responsibilities and warranties of the user

5.1. The User ensures that:

5.1.1. He/she is 18 (eighteen) years old or older or has reached a different age of majority provided for in the territory of his jurisdiction in accordance with applicable law, and has the capacity to enter into this Agreement, which is legally binding, on his own behalf, or on behalf of an individual or legal entity, in whose interests he/she enters into this Agreement.

5.1.2. He/she understands that the Administration does not provide legal advice and recommendations regarding applicable laws or requirements, the effect of which applies to the User or to end-users, as well as regarding compliance by the User with applicable laws and requirements.

5.1.3. He/she has received all the necessary consents and permissions provided for by applicable law for the placement, transfer, and publication of personal data and (or) images of individuals or legal entities that are indicated by the User as part of his personal registration data. The User agrees to comply with all relevant requirements and restrictions of the applicable law in relation to them.

5.1.4. All information and documents provided to the Administration by the User in connection with the acceptance and execution of this Agreement are reliable. The User did not hide the circumstances that, if detected, would adversely affect the decision of the Administration regarding the operation of this Agreement and its implementation.

5.1.5. Acceptance of this Agreement does not violate any rights and obligations of the User to third parties.

5.1.6. He/she does not participate and is not connected in any way with any transaction or other obligation for which it is in a state of non-fulfillment of its obligations, or is obliged to fulfill its obligations before time or participation in which may adversely affect the User’s ability to fulfill the obligations taken by him under this Agreement, or obligations that the User did not inform the Administration about.

5.1.7. He/she received all the necessary consents and permits provided for by applicable law for the processing of personal data and (or) images of individuals that will need to be processed in the process of implementing this Agreement. The User agrees and undertakes to comply with all relevant requirements and restrictions of the applicable law in relation to them.

5.2. Rights of the User:

5.2.1. The User has the right to use the Service not prohibited by this Agreement and the legislation applicable to it in accordance with its purpose and within its functionality.

5.2.2. In the event that the Service has technical problems, as well as if the User receives messages from electronic mailboxes from the domain on which the Service is located, which are unauthorized advertising mailings or that contain materials prohibited by this Agreement, including threats or files suspected of being a virus, and also if the User discovers facts that give reason to believe that his access to the Service was used by someone unauthorized, the User has the right to contact the Administration to clarify the situation and take the necessary measures.

5.2.3. The User has the right to contact technical support on issues related to the Service specified in this Agreement.

5.2.4. The User has the right to have his personal data kept safe, as much as it depends on the Administration in accordance with the applicable law.

5.2.5. The User has the right at any time to refuse calls, SMS-messages, messages to an electronic mailbox, and other informational advertising mailings, informing the Administration about it or turning off the corresponding mailing function in the Account of the Service.

5.3. Responsibilities of the User:

5.3.1. When using the Service, the User agrees and undertakes not to violate the intellectual rights of the Administration.

5.3.2. The User is responsible for storing the login and password from the Account and from the web service used for authorization, outside the access of third parties and timely change them in case of loss or other need.

5.3.3. The User is responsible to the Administration for providing reliable and relevant contact and registration information about himself when using the Service. In case of change of the specified data, the User agrees and undertakes to inform the Administration about this by independently changing his data.

5.3.4. The User agrees and undertakes to never, under any circumstances, use the Service to carry out actions prohibited or limited by applicable law.

5.3.5. By entering this Agreement, the User agrees and undertakes not to damage the Service, the software shell, hardware, and software, or the host computers of the Administration.

5.3.6. The User agrees and undertakes not to damage the Service, its components and modules in the process of its use, as well as hardware and software, host computers of the Administration or other persons who ensure the functioning of the Service, including by sending to their IP addresses numerous requests that cause DDoS attack and an error such as a service denied.

5.3.7. The User agrees to reimburse the Administration for any losses incurred in connection with the use of the Service because of the User violating the User Agreement and the rights (including intellectual, informational, etc.) of third parties.

5.3.8. The User acknowledges and agrees that the IP address of the User’s device is fixed by the Administration’s technical means, and in case of illegal actions, including actions that violate the intellectual rights of third parties, the owner of the device determined by the Administration’s technical means by IP affiliation is recognized liable for these illegal actions.

Arrangements for the use of the service

6.1. This Agreement regulates relations only regarding the use of the Service in accordance with its purpose.

6.2. The Users shall use the Service in accordance with its purpose and functionality and in strict accordance with the applicable legislation.

6.3. The functionality of the Service and guidance on its use are given in the User documentation for the Service.

6.4. In order to be able to use the Service, the User is not required to register and receive an Account in the Service, but for better interaction with the Service and the possibility of obtaining additional functionality, the User can register and receive a separate Account in the Service.

6.5. In order to access the Account, the User must authorize using the username and password or using authorization through a third-party web service.

6.6. After authorization in the Service Account, the User can access the additional functionality described in the User Documentation of the Service.

6.7. There is no fee for using the Service. The right to use the Service is provided free of charge.

Confidentiality

7.1. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and unprotected communication channels, regardless of the presence or absence of markings indicating the status of confidentiality of the transmitted information, except when such disclosure occurred for reasons beyond the control of the Parties, as well as except as provided by applicable law.

7.2. The disclosure of confidential information within this Agreement means the action or inaction of one of the Parties to the Agreement, as a result of which confidential information becomes known to third parties without the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.

7.3. Disclosure of confidential information at the legal request of law enforcement and other authorized state bodies and officials is not considered a violation of confidentiality if it's disclosed in cases and in the manner prescribed by applicable law, as well as publicly, verbally or in writing indicating that one Party is a counterparty to another Party.

7.4. In the event that confidential information is disclosed to such authorities and/or persons, the disclosing Party shall in writing notify the owner of the confidential information about the fact of the disclosure, its contents and the authority to which they were disclosed, no later than 2 (two) business days from the date of disclosure.

7.5. Confidentiality obligations are valid for an unlimited period.

7.6. In the event that one Party discloses confidential information received from the other Party, the disclosing Party undertakes to compensate for all losses caused by this action, including lost profits, within 5 (five) business days after receiving the corresponding written request from the other Party.

Processing of personal data

8.1. The acceptance of the Agreement and the use of the Service in accordance with it requires the provision, collection and/or use of a number of personal data. In particular, when providing access to the Service and when using it, the Administration gains access and uses a number of data relating to the User or the representative of the User (a physical person). The Administration's privacy policy regarding the Service can be found at Privacy.

8.2. By using the Service, the User provides the Administration with his consent to the processing of his following personal data:

  • surname, middle name, and name;
  • nickname;
  • cell phone number;
  • E-mail address;
  • messenger identifiers;
  • token;
  • HTTP headers;
  • IP address of the User’s device;
  • data collected by counters;
  • data collected by web beacons;
  • User browser information;
  • technical specifications of the device and software;
  • addresses of requested pages of the Service website;
  • date and time of access to the Service;
  • geographical coordinates of the location of the User;

for the duration of this Agreement and for the following purposes:

8.2.1. use of personal data of Users who are physical persons using the Service on their own behalf for the purpose of concluding and executing the Agreement;

8.2.2. use of personal data of Users who are physical persons using the Service on behalf of the physical person or legal entity they represent for the purpose of concluding and executing the Agreement;

8.2.3. conducting statistical and other studies of the use of the Service on the basis of anonymized data;

8.2.4. compliance with mandatory requirements of applicable law.

8.3. Upon the terms and conditions contained in this consent the Administration is granted the right to perform any actions to the User’s personal data including, but not limited to: collection, systematization, accumulation, storage, clarification (updating, change), use, transfer, depersonalization, blocking, destruction, transfer (including cross-border transfer) of the personal data to the Administration's partners. The list of partners can be found in the Account or on the Administration’s website at __. The Administration is also granted the right to perform other necessary actions to the personal data in consideration of the applicable law.

8.4. It's allowed to process the User’s personal data using the following main methods (but not limited to them): storage, recording on electronic media and their storage, listing, labeling.

8.5. It's allowed to process the User’s personal data without the use of automation in accordance with applicable law.

8.6. The processing of the User’s personal data within this Agreement is performed by the Administration without the use of automation, since such actions as the use, refinement, distribution, destruction of personal data in relation to the User are done with the direct participation of a person.

8.7. It is allowed to process the User’s personal data using DPM systems (Data Protection Manager), including those belonging to third parties and provided to the Administration on the basis of an appropriate agreement or agreement if measures to protect the confidentiality of personal data are taken.

8.8. The processing of personal data provided by the User in the process of using the Service in accordance with the Agreement is performed in connection with the need to conclude and execute this Agreement, to which the User is a party.

8.9. The processing of the User’s personal data in accordance with this Agreement is performed without notice to the authorized body protecting the rights of personal data owners because:

8.9.1. User’s personal data obtained by the Administration is processed in connection with the conclusion and execution of the Agreement to which the User is a party, while the personal data is not distributed, and is also not provided to third parties without the consent of the User and is used by the operator exclusively for the execution of the Agreement and the conclusion of other contracts and agreements with the User;

8.9.2. User’s personal data obtained by the Administration is processed without the use of automation means which means with the direct participation of a person, in accordance with applicable law, establishing requirements for ensuring the security of personal data during its processing and for observing the rights of personal data owners.

8.10. This consent to the processing of the User’s personal data extends to any transfer of the User’s personal data to the Administration made prior to the present consent.

8.11. If the User is a resident of the EEA or Switzerland and his consent is required to transfer his personal data to another jurisdiction, then by using the Service he/she gives the Administration his explicit and unambiguous consent to such transfer or storage, and/or processing of information in other specified jurisdictions on the above conditions.

Liabilities and liability restrictions

9.1. The Party that has not fulfilled or improperly fulfilled the obligations under this Agreement agrees and undertakes to compensate the other Party for losses caused by such non-performance.

9.2. The Administration is under any circumstances not liable for harm caused to the User in the process of using this Service, including for the User’s attempts to use the Service instead of professional or specialized software, the use of the Service in emergency situations, getting in an unfavorable situation as a result of using the Service, acquisition based on information obtained through the Service, low-quality products or services.

9.3. The Administration is not liable for the User losing the ability to access his account (loss of login and/or password from an account of a third-party web service).

9.4. The Administration is not liable for the User lacking access to the Internet, for the quality of services of communication providers, for the stability of the connection, and the availability of certain data transfer protocols.

9.5. The Administration is not liable for terminating the User’s access to the Service due to reasons not related to the fault of the Administration.

9.6. The Administration is not liable for the User transmitting information through the Service through unprotected data transmission channels on the Internet and for the safety of information during its transmission.

9.7. In any circumstances, the Administration's liability rests with it only if there is a fault in its actions or omissions, except as otherwise provided by applicable law, and such liability is limited to the amount of 1 (one) US dollar or its equivalent in the currency of the User’s country.

9.8. In other cases, the Parties shall be liable for failure to perform or improper performance of duties under this Agreement under the applicable law.

Force majeure circumstances

10.1. A Party shall not be held liable for partial or full failure to fulfill obligations under this Agreement if it proves that proper performance was impossible due to force majeure circumstances which means extraordinary, unforeseen and unavoidable circumstances arising during the execution of this Agreement. Such circumstances could not reasonably be expected in the event of the conclusion of this Agreement in order to avoid or overcome them, as well as they are beyond the control of the Parties to this Agreement.

10.2. Force majeure circumstances include military operations (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquakes, floods, hurricanes, etc.), fire, terrorist acts, sabotage, traffic restrictions, prohibitive measures by states, the prohibition of trade operations, including with individual countries, due to the adoption of international sanctions, as well as disconnection of data centers located in the countries of the Parties' location from the global Internet and blocking of servers or connections by supervisory authorities.

10.3. Force majeure circumstances do not include, in particular, entrepreneurial risks, such as violation of obligations by the obligor’s counterparties, lack of products necessary for the fulfillment of obligations on the market, lack of necessary funds from the obligor, as well as financial and economic crisis, change in the exchange rate, devaluation of the national currency, or criminal acts of unidentified persons.

10.4. In the event of force majeure circumstances specified in this chapter, each Party shall immediately notify the other Party in writing. The notice should contain data on the nature of the circumstances, as well as official documents proving the existence of these circumstances and, if possible, giving an assessment of their impact on the ability of the Party to fulfill its obligations under this Agreement.

10.5. If the Party fails to send or untimely sends the notice provided for in this chapter, then it agrees and undertakes to compensate the other Party for the losses incurred.

10.6. In the event of force majeure circumstances provided for by this chapter, the date for fulfillment by the Party of its obligations under this Agreement shall be postponed taking into consideration the time during which these circumstances and their consequences are in effect if such a change in the terms is possible and/or appropriate.

10.7. In the event that a change in the timing of fulfillment by a Party of obligations under this Agreement is impossible and/or appropriate or force majeure circumstances and their consequences continue to be valid for more than 2 (two) months, the Party shall have the right to refuse to execute this Agreement because of the impossibility of fulfilling obligations from the Agreement due to force majeure circumstances, if additional negotiations to find acceptable alternative ways of implementing this Agreement did not give a positive result. The initiating Party shall notify the other Party of the refusal to fulfill the obligations of the Agreement within a reasonable time.

10.8. If a Party refuses to execute this Agreement because of the impossibility of its execution due to force majeure circumstances, this Agreement shall be terminated for both Parties on the day such a refusal is received by the other Party.

Dispute resolution procedures and satisfaction of claims

11.1. All disputes and claims are governed by the provisions of this Agreement, and in case they are not resolved, they are regulated pursuant to the procedure established by applicable law.

11.2. Any questions, comments, and other correspondence of the User should be sent to the Administration as an electronic message in the ways provided for in this Agreement for the purpose of exchange of notifications, messages and documents. The Administration is not responsible and does not guarantee a response to requests, questions, suggestions, and other information sent to it in any other way.

11.3. Claims arising out of or in connection with this Agreement shall be sent to the Administration as an electronic message by the methods provided for in this Agreement for the exchange of notifications, messages, and documents. The administration undertakes to review this claim within 10 (ten) business days and if necessary to send a letter stating its position to the email address specified in the claim. At the same time, the Administration does not consider the claims of Users whom it is not possible to identify on the basis of the data provided to them during registration (including anonymous claims). If the User does not agree with the answers given by the Administration in response to the claim, the procedure for its settlement is repeated. If it is impossible to resolve the claim through negotiations, the dispute is resolved in court.

11.4. The User and the Administration agree that if it is not possible to resolve disputes arising out of or in connection with this Agreement through negotiations, such disputes shall be resolved by the parties through legal proceedings in accordance with the law of the country where the Administration is located.

Period of effect of the agreement and its termination

12.1. This Agreement is concluded between the Parties for an indefinite period.

12.2. Deleting an Account from the Service is considered as a User’s refusal to use the Service and out-of-court unilateral termination of this Agreement on the initiative of the User from the moment the Account is deleted.

Notices, communications and reciprocation

13.1. All documents, notifications, and communications under this Agreement, including those related to its amendment or termination, must be sent either in writing in the form of a paper document or in electronic form in ways that make it possible to identify the Party sending the notification. In particular, by sending an electronic message to the appropriate email address or by sending an electronic message through a messenger.

13.2. Any document, notification or written message in the form of a paper document sent by one of the Parties to the other Party shall have legal force only if it is sent to the address specified in this Agreement or in the User’s request. A document, notice or message can be delivered in person or sent by registered mail and will be deemed received:

  • at the date of delivery upon delivery in person;
  • on the date indicated in the receipt confirming the delivery of the corresponding post by the communication organization if sent by registered mail.

13.3. Any document, notice or message in electronic form in the form of an electronic document or electronic message sent by one of the Parties to the other Party shall have legal force only if it is either sent to the corresponding email address of the receiving Party from the email address of the sending Party, specified in this Agreement or the User’s request, or sent to another Party using a messenger.

13.4. When transmitting documents, notifications, or messages in the form of electronic files, the Checksum value in a separate text message or in a separate electronic file that accompanies the main file can be used to confirm their authenticity.

13.5. For the purposes of this Agreement, a document, notification or message in electronic form sent by one Party from its email address to the email address of the other Party is considered to be signed by a simple electronic signature, which confirms the fact of the formation of an electronic signature by a particular Party by the fact of sending an electronic document, notification or message from her email address.

13.6. For the purposes of this Agreement, a document, notification or message in electronic form sent by one Party to the other using the messenger is considered to be signed by a simple electronic signature which confirms the fact of the electronic signature being generated by a particular Party by the fact of sending an electronic document, notification or message using the messenger.

13.7. Any document, notice or message in electronic form is considered signed by a simple electronic signature of the Party upon fulfillment, including one of the following conditions:

  • a simple electronic signature in the form of an indication of the sender's email address, its identifier in the messenger is contained in the electronic document itself, notification or message;
  • a key of a simple electronic signature in the form of the username and password of the sender from the information system of the operator of electronic mail services or the messenger is applied in accordance with the rules established by the operator of such services and the sent electronic document, notification or message contains information indicating the person on whose behalf an electronic document, notice or message was sent.

13.8. Any document, notification or message in electronic form, signed with a simple electronic signature of the Party sending it, is recognized as an electronic document equivalent to a paper document signed by the handwritten signature of the Party concerned.

13.9. Each of the Parties undertakes to maintain the confidentiality of the simple email key in the form of a username and password from the information system of the operator of the email service and the messenger. In the event of unauthorized access to the specified username and password, their loss or disclosure to third parties, the Party agrees and undertakes to immediately inform the other Party about this action and take measures to restore access and/or replace the username and password.

13.10. The Parties shall recognize the above-named rules as an agreement between them, as between participants of the electronic interaction, establishing recognition of electronic documents signed with a simple electronic signature as the equivalent to paper documents signed with their own handwritten signature.

Additional provisions

14.1. The current version of this Agreement can be found on the Internet on the Service's website at Terms.

14.2. The administration reserves the right to unilaterally and without prior notice to users to change the terms of the Agreement by posting the final version of the Agreement on the website at the above address 10 (ten) days before the changes enter into force. The provisions of the new version of the Agreement become binding on all previously registered Users of the Service from the date of its entry into force.

14.3. The User confirms having read all the provisions of the Agreement, understanding, and accepting them.

14.4. The User agrees and undertakes to use the Service reasonably and in good faith.

14.5. This Agreement and the relationship between the User and the Administration are governed by applicable law.

Details

Entrlcom Limited

organized and operating under the laws of the Hong Kong

7/F, MW Tower, 111 Bonham Strand, Sheung Wan, Hong Kong