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Russia, city of St. Petersburg
ed. of October 10, 2023.
This User Agreement (hereinafter — the Agreement) in accordance with Articles 428, 435, 437 and 1286 of the Civil Code of the Russian Federation is an agreement between the User, as defined hereinafter, expressing consent to the terms and conditions set forth in this Agreement by performing actions aimed at using the Service, and the Administration. The User’s actions aimed at using the Service by virtue of Article 1286 of the Civil Code of the Russian Federation is considered unconditional acceptance of this Agreement. This Agreement, along with other additional terms and rules that relate to the use of the Service and are presented on the website of the Service, contains terms and conditions that apply to each User of the Service. By using the Service, the User agrees to these terms and conditions. If the User does not agree with any of the terms and conditions, the User must stop using the Service.
TERMS AND DEFINITIONS
The Parties agree that the following terms and definitions shall have the following meaning for the purposes of this Agreement:
«Administration», «Company» — «Jug Ru Group» Limited Liability Company, OGRN 1177847388465, INN 7801341446, KPP 780101001, Registered address: 199004, St. Petersburg, V.O. 9th Line, 34, Lit. A, office. 500, being the owner of exclusive rights to the Site.
«User» — any physical person who has reached the age allowed under the applicable law to accept this User Agreement, has the appropriate powers, has free access to the Internet, including the ability to use the Site, and has registered with the Service. The User may also be a representative of a legal entity of an individual entrepreneur formed/registered in accordance with the laws of the Russian Federation or the laws of other countries and acting on behalf of such legal entity/individual entrepreneur on the basis of a power of attorney or on the basis of statutory (foundation) documents or on another legal basis. Upon submission of documents confirming the User’s authority to act on behalf of the represented legal entity/individual entrepreneur, all actions of the User shall be deemed to be the actions of this legal entity/individual entrepreneur, and the provisions of this Agreement shall apply to the relations between this legal entity/individual entrepreneur and the Administration, if it is not contrary to applicable law.
«Service», «Site» — an Internet resource located in the Internet, used by the Administration to inform Users about the activities of the Administration and services offered by the Administration, access to which the Administration temporarily provides Users at the following addresses: https://jugru.org/; https://techtrain.ru/; https://holyjs.ru/; https://mobiusconf.com/; https://jpoint.ru/; https://heisenbug.ru/; https://heisenbug.ru/; https://cppconf.ru/; https://dotnext.ru/; https://flowconf.ru/; https://smartdataconf.ru/; https://devoops.ru/; https://vtconf.com/; https://piterpy.com/; https://jokerconf.com/; https://hydraconf.com/. The site is an information resource, a set of information, which is accessed by means of traditional and publicly available Internet browsers (Internet Explorer, Firefox, Safari, Opera, Flock, Maxthon, Google Chrome, and others) or otherwise by a unified index of the information resource location, consisting of letters, numbers and other signs that allow to uniquely determine its location in the Internet, including the mobile version of the Site, mobile application, intranet and ftp-server, as well as its subdomains and versions of other hardware platforms. The Site is a complex object within the meaning of Article 1240 of the Civil Code of the Russian Federation, the creation of which is organized by the Administration. It includes computer programs, databases, program codes, know-hows, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, information, texts, graphic elements, images, photos, audio and video materials and other results of intellectual activity. Exclusive rights to the Service and any of its components belong to the Administration as a right holder or licensee on the basis of law, contract or other transaction.
«Content» — a set of text, graphic, audio and video materials (including audiovisual works) placed on the Site and used by it, the rights to which belong to the Administration as a right holder or licensee on the basis of law, contract or other transaction.
«User Documentation» — instructions and informational materials explaining the procedure of the User’s use of the Site.
«Registration» — a procedure in the course of which the User provides reliable data about himself/herself according to the form approved by the Administration, as well as creates a login and password. Registration is considered completed only if the User has successfully completed all its stages, including activation of the Personal Account. Registration can be carried out by clicking on a unique code sent to the e-mail address specified by the User. One and the same User can not be registered on the Site more than once. Instead of registration, the Site may offer to perform the initial authorization using a third-party web service, as a result of which the Administration will be transferred token identifying the User. Verification of the User’s Registration Data in case of using the token is also carried out by providing the User’s e-mail address in order to ensure that there are no matching Accounts.
«Account», «Personal Account», «Account» - a set of records in the database of the Administration, identifying the User with the credentials (login and password) specified by the User during registration and allowing to manage the parameters of the Website and the Service.
«User’s Registration Data» — data voluntarily provided by the User during Registration and further use of the Website. The data is stored in the Administration’s database and is subject to use exclusively in accordance with this Agreement and applicable Russian and international legislation.
«Authorization» — a procedure in which the User enters his/her login and password in specially designated fields in the form of the Site interface in order to identify him/her, transfer the token to the Administration and determine the validity of authorization to access the Account and full functionality of the Site.
«Personal data» — any information relating to a private individual (subject of personal data) defined or determined on the basis of such information, including his/her last name, first name, city of residence, place of work/study, position, e-mail address, telephone number, other information.
«Device» — a computer, mobile device or virtual machine running an operating system compatible with the Site with a compatible web browser installed.
«Statistics» — information about the use of the Site and Service, additional functionality, the website as a whole, the interaction of Users with the Account, collected by means of Counters, cookies, web beacons and other similar technologies.
«Counter», «Tracker» — a part of the Site, a computer program using a code fragment responsible for collecting statistical and personal data on the use of the Site. The Administration may use counters of its own design, as well as counters provided by third parties under a limited license (license agreement), for example, Yandex.Metrica, Roistat and other similar counters. Counters collect personal data in an impersonal form.
«Token» — a unique set of symbols identifying the User in accounts of third-party web services (social networks, messengers, Google Play, Apple App Store and others). The Token enables authorized connection to the Site using authorization through third-party web services (social networks, messengers, Google Play, Apple App Store and others).
«IP-address» — a number from the numbering resource of a data transmission network based on the IP protocol (RFC 791), uniquely identified when providing telematic communication services, including access to the Internet, to a subscriber terminal (computer, smartphone, tablet, other device) or means of communication included in the information system and belonging to the User.
«HTTP header» — a line in an HTTP message containing a colon-separated name-value pair. The format of HTTP headers corresponds to the general format of ARPA network text message headers described in RFC 822 document.
«Cache» — an intermediate storage located on the User’s device of the data received from the Site and requested more often than others with the highest probability, which can be accessed from the cache at a much higher speed than sampling the original data from a remote source (e.g., a remote server or website).
«Cookies», a «cookie» — a small piece of data sent by a web server and stored on the user’s device of the website on which the Counter is installed. Cookies contain small pieces of text and are used to store information about browser activity. They allow you to store and retrieve identifying information and other information on computers, smartphones, phones and other devices. The specifications for cookies are described in RFC 2109 and RFC 2965. Other technologies are used for the same purposes, including data stored by browsers or devices, device-related identifiers, and other software. All of these technologies are referred to as cookies in this Agreement.
«Web Beacons» — images in electronic form (single-pixel (1×1) or blank GIF images). Web beacons can help the Operator to recognize certain types of information on the User’s device, such as cookies, time and date of page viewing and description of the page where the web beacon is placed.
«Messenger» — an information system and/or computer program (mobile application, web service, web application, etc.) that are designed and/or used to receive, transmit, deliver and/or process electronic messages of Internet users (e.g., Skype, WhatsApp, Viber, Telegram, VK, OK, Facebook, Messenger, etc.).
«Checksum» or «Hash Sum» — a certain mathematical value (sequence of symbols) calculated on a set of data by applying a certain algorithm, used within the framework of this Agreement to verify the integrity of electronic files during their transmission or storage. For the purposes of this Agreement, the calculation and verification of Checksums (Hash Sums) shall be performed by applying MD5 and SHA256 algorithms, including with the help of certutil.exe software (for Windows) or md5sum and sha256sum (for Linux).
«Applicable legislation» — the legislation of the country in which the Administration is registered or of which it is a resident, i.e. the legislation of the Russian Federation. In some cases, the applicable legislation may mean the legislation of the country in which the User resides or of which he is a resident, if such legislation establishes the priority of its norms over the rules of this policy.
All other terms and definitions used in the text of the Agreement shall be interpreted by the Parties in accordance with the legislation of the Russian Federation, current recommendations (RFC) of international standardization bodies on the Internet and the usual rules of interpretation of the relevant terms established on the Internet.
The terms and definitions used in this Agreement may be used both in the singular and in the plural depending on the context, the spelling of terms may be used both with an uppercase and lowercase letter.
The titles of headings (articles), as well as the structure of the Agreement are intended solely for convenience of use of the text of the Agreement and have no literal legal meaning.
SUBJECT OF AGREEMENT
- This Agreement regulates the relations between the User, on the one hand, and the Administration, on the other hand, on granting the User the right to use the Service (non-exclusive license), as well as regulate the general procedure for using the Service.
- In accordance with this Agreement, the Administration grants the rights to use the Site in accordance with its purpose and functionality described in the User documentation, including for the use of the Service.
- The User has the right to use the Service both without Registration and after Registration. To register in the Service, the User must provide reliable data about themselves in the form proposed for filling out, as well as create a login and password. The Administration has the right to set requirements to the password (length, allowable characters, etc.).
- After completing the registration, the User has access to the full functionality of the Service, except for paid functionality, which, if available, can be offered by the Administration for a fee.
- In order to fulfill its obligations under the Agreement, the Administration has the right to involve third parties in the execution of the Agreement without the consent of the User, provided that the third parties will not process the personal data of the User without his consent.
- The use of the Service in accordance with its purpose and functionality shall be carried out by the Users in strict compliance with the applicable law.
- The functionality of the Service and guidance materials for its use are provided in the User Documentation of the Service available on the website of the Service.
INTELLECTUAL PROPERTY RIGHTS FOR THE SERVICE
- The Service, its Content, other components and individual components (including, but not limited to: computer programs, databases, program codes, underlying know-hows, algorithms, design elements, fonts, logos, as well as text, graphics and other materials) are objects of intellectual property protected in accordance with Russian and international law, any use of which is allowed only on the basis of the permission of the Administration.
- Administration hereby grants to the User for the entire term of this Agreement a simple (non-exclusive) license to use the Service and materials posted on the Service, without limiting the territory of its validity and not subject to transfer or assignment to third parties. Such simple (non-exclusive) license is intended to enable the User to use the Service in accordance with its purpose, subject to the restrictions provided for in this Agreement.
- The license is valid without limitation of the territory, unless otherwise established by another agreement with the User.
- Revocation of the license granted in accordance with this Agreement shall be carried out in the manner prescribed by law for refusal to perform from the license agreement.
- The right to use the Service includes the right to reproduce the Service or parts of its code on the User’s end device (computer, smartphone, tablet, etc.) in order to cache and run it using the means of the target operating system (web browsers) in order to use the Service in accordance with its purpose.
- The right to use the Service does not include the right to make a copy of the Service for archival purposes, as the use of the Service occurs in remote (online) mode, unless otherwise expressly established by a separate transaction with the User or written authorization of the Administration.
- The use of the Service in accordance with this Agreement is allowed simultaneously on no more than 5 (five) devices of the User.
- The use of the Service in accordance with this Agreement may also have other limitations in functionality or, on the contrary, additional functionality described in the User documentation of the Service, in particular a separate functionality of the Service may be available upon payment of a fee for its unblocking.
- The right to use the Service granted 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 that are not a new version) and new versions of the Service (major updates — new releases that are a new version), if available. Updates and new versions of the Service are provided to the User as soon as they become available on the Service website.
- The User agrees that he/she may not (including may not allow anyone) to modify, create derivative works, disassemble the Service into component codes, decompile or otherwise attempt to obtain the source program code of the Service or any part thereof, unless there is a written permission of the Administration to perform such actions. Otherwise, the User bears full responsibility for such actions, provided by this Agreement, as well as international and Russian law.
- This Agreement does not provide for the transfer of rights to the Administration’s intellectual property (or any part thereof), except for a limited license, which is granted on the basis of this Agreement. Nothing in this Agreement shall constitute an assignment of rights to the intellectual property of the Administration or a waiver of these rights on the basis of law.
- The Service contains or may contain computer programs that are licensed (or sublicensed) to the User under the GNU general public 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 get access to the source code. If such a license provides for the provision of source code to users to whom the computer program is provided in executable binary code format (object code), the source code shall be made available upon request to the Administration’s e-mail address. If any open source software license requires the Administration to grant rights to use, copy or modify open source software beyond the rights granted by this Agreement, such rights shall take precedence over the rights and restrictions set forth in this Agreement.
GENERAL RIGHTS AND OBLIGATIONS OF THE ADMINISTRATION, GUARANTEES
- Administration guarantees that it has all legal grounds for granting the User the right to use the Service under this Agreement. All rights to the Service and its components belong to the Administration, or other right holders who have granted the Administration a non-exclusive license with the possibility of sublicensing, including under an open license (LGPL, BSD, MIT, etc.).
- Administration is in no way affiliated or otherwise connected with Users, works independently of them, does not aim to weaken their position or otherwise affect their position and does not attempt to profit from their business reputation.
- Administration undertakes to make all reasonable efforts to ensure stable operation of the Service, its gradual improvement, correction of errors in the Service, however, the Service is provided to the User on an «as is» basis. This means that the Administration:
- does not guarantee the absence of errors in the operation of the Service;
- is not responsible for the uninterrupted operation of the Service and its compatibility with the software and technical means of the User and other persons;
- is not liable for any damages that have arisen or may arise in connection with or during the use of the Service;
- is not responsible for failure to perform or improper performance of its obligations due to failures in telecommunication and energy networks, malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling the software and/or hardware complex of the Administration.
- The Administration guarantees to the User the operability of the Service, provided that the User uses current versions of operating systems and web browsers to access it.
- The Administration has the right to provide the User with access to the Service and maintain the Service in working condition, and also has the right to suspend the provision of access to the Service for the time necessary to carry out routine preventive and repair 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 in case of revealing the fact of providing false information about yourself when registering or using the Service.
- The User agrees that the Administration has the right to use the data provided by the User during registration for the purposes of marketing activities related to the Service, as well as to send to the e-mail address provided by the User and/or by SMS notification to the cell phone number provided by the User, to place advertising and informational messages in the space limited to the User’s access (Account) at its own discretion. The Parties have agreed to consider this paragraph as the User’s prior consent to receive advertising in accordance with Article 18 of the Federal Law of 13.03.2006 № 38-FZ «On Advertising».
- The Administration reserves the right to contact the User by phone calls, sending SMS messages and e-mail messages in order to check the quality of the Service and communicate information critical for the User.
- The Administration reserves the right to request copies of documents to identify the User or its beneficiaries in the event that the legislation imposes corresponding obligations on the Administration. In this case, the Administration is obliged to provide reliable contact information about the User and its beneficiaries at the request of registration institutions or law enforcement agencies in accordance with the law.
- To avoid cases of infringement of intellectual rights of third parties, fraud and other illegal actions, the Administration reserves the right to request from the User supporting documents to verify the data provided by the User (if such data is provided by the User), which the User must provide to the Administration within 24 (twenty-four) hours from the moment of request. During such verification, the Administration has the right to restrict the User’s access to the Service and/or the available functionality of the Service.
- 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 the User was registered or the largest number of visits to the Service website were made by this User) and delete the User’s Account with all its Registration data unilaterally, without notice and without giving reasons, as well as without any compensation or reimbursement.
- The Administration reserves the right in case of non-use of the Service by the User within 12 (twelve) consecutive calendar months to terminate this Agreement unilaterally out of court and delete the User’s Account with all its Registration data unilaterally without any notice, as well as without any compensation and reimbursement.
- 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 it is not prohibited by law, these rules, limits and restrictions may be different for different categories of Users.
- The Administration undertakes to ensure the confidentiality and security of all data received from the User, except in cases where such disclosure occurred for reasons beyond the control of the Administration, as well as except as provided by law or directly provided for by the transaction, agreement, contract with the User.
- The Administration undertakes to provide technical support to the User on issues related to the functioning and use of the Service. Technical support is provided only at the User’s request.
GENERAL RIGHTS AND OBLIGATIONS OF THE USER, GUARANTEES
- The User guarantees that:
- He has the right and legal capacity to conclude this Agreement, which is legally binding, on his own behalf, or on behalf of a private individual, individual entrepreneur or legal entity, in the interests of which he concludes this Agreement.
- He understands that the Administration does not provide legal advice and recommendations regarding legislation or requirements that apply to the User, or to end users, as well as the compliance of the User with applicable laws and requirements.
- He has obtained all necessary consents and authorizations required by applicable law to post, transmit and publish personal data and/or images of individuals or legal entities, which are specified by the User as part of his personal registration data. The User undertakes to comply with all relevant legal requirements and restrictions in relation to them.
- All information and documents provided by the User to the Administration in connection with the acceptance and execution of this Agreement are true. The User has not concealed circumstances that could, upon their discovery, adversely affect the decision of the Administration regarding the validity of this Agreement and its execution.
- Acceptance (acceptance) of this Agreement does not violate any rights and obligations of the User to third parties.
- Does not participate and is not in any way connected with any transaction or other obligation, for which he is in a situation of default, or is obliged to fulfill his obligations ahead of schedule, or participation in which may adversely affect the ability of the User to fulfill his obligations under this Agreement, of which the Administration has not been informed by the User.
- User’s Rights:
- The User has the right to use the Service in ways not prohibited by this Agreement and the current international and Russian legislation in accordance with its purpose and within the limits of its functionality.
- In case of technical problems in the operation of the Service, as well as in case of receipt by the User of messages from e-mail addresses containing the domain name of the Administration, which are unauthorized advertising, or containing materials prohibited by this Agreement, including threats or files with suspected viruses, as well as if the User discovers facts that give reason to believe that his access to the Service has been used by someone unauthorized, the User has the right to contact the Administrator.
- The User has the right to contact the technical support on the issues related to the Service specified in this Agreement.
- The User has the right to ensure the safety of their personal data, as far as it depends on the Administration in accordance with applicable international and Russian law.
- The User has the right to refuse calls, SMS-messages, e-mail messages and other informational promotional mailings at any time by informing the Administration or by disabling the corresponding mailing in the Account.
- User’s Obligations:
- When using the Service, the User undertakes not to violate the intellectual property rights of the Administration.
- The User is responsible for keeping the login and password from the Account and from the web service used for authorization out of the access of third parties and timely change them in case of loss or other necessity.
- The User is responsible to the Administration for providing accurate and up-to-date contact and registration information about themselves when using the Service. In case of change of the specified data, the User is obliged to inform the Administration about it by independently changing their data.
- The User agrees never and under no circumstances to use the Service to perform actions prohibited or restricted by international and Russian law.
- The User is obliged not to cause damage to the Service and its components in the process of its use, as well as to technical and software tools, node machines of the Administration or other persons providing the functioning of the Service, including by sending to their IP-addresses numerous requests causing DDoS-attack and «denial of service» error or «parsing» operations.
- The User agrees to reimburse the Administration for any losses incurred by the Administration in connection with the User’s use of the Service c violation of this Agreement and the rights (including intellectual, informational, etc.) of third parties.
- The User acknowledges and agrees that the IP-address of the User’s device is fixed by the technical means of the Administration, and in case of illegal actions, including actions that violate the intellectual rights of third parties, the owner of the device determined by the technical means of the Administration by the belonging of the IP-address is recognized as responsible for these illegal actions..
- The User is prohibited to perform the following actions within the Website:
- Calls for violent change or overthrow of the constitutional order or seizure of state power; calls to change the borders of constituent entities of the Russian Federation or the state border of the Russian Federation, violation of the order established by the Russian Federation; calls for pogroms, arson, destruction of property, seizure of buildings or structures, forced eviction of citizens; calls for aggression or unleashing military conflict, as well as other calls of extremist nature;
- Obscene direct and indirect insults to anyone, including those based on ethnic, racial or religious affiliation, as well as statements of a chauvinistic nature;
- Offensive behavior and expressions towards the Administration and other Users;
- Posting of the following information by Users:
- services that violate the applicable laws of the Russian Federation or applicable laws and/or intellectual property rights of third parties;
- services that do not comply with the User Documentation;
- trojans, viruses, Internet worms, programs for hacking or unauthorized access to information, as well as other «hacker» programs that may cause harm;
- software and/or component parts of information systems;
- related to spam mailing, as well as development of software for such mailing.
- Publication of the following information:
- explicit and implicit advertising of third-party sites, including referral links and links to similarly oriented sites;
- any messages and announcements related to obtaining illegal income, including income from fraudulent actions;
- any messages and announcements containing information on illegal distribution of narcotic drugs, psychotropic substances, their analogs and precursors;
- containing obscene language;
- provoking conflicts based on political, racial, religious, national or other animosity;
- violating the rights of legal rights holders;
- non-targeted sending of advertising information in personal messages;
- Transfer of accounts to third parties. One account belongs to one User.
- The User guarantees that:
SERVICE USAGE POLICY
- The Agreement regulates the relations exclusively on the use of the Service in accordance with its purpose.
- The use of the Service in accordance with its purpose and functionality shall be carried out by the Users in strict compliance with the applicable laws of the Russian Federation.
- The functionality of the Service and guidance materials for its use are provided in the User documentation of the Service.
- To register in the Service, the User must provide accurate data about themselves (in particular, e-mail address) in the form approved by the Administration. To ensure access to the full functionality of the Service, in particular to participate in events, conferences organized by the Administration, the User must provide additional reliable data about themselves (in particular, surname, first name, cell phone number, city of residence, place of work or study of the User, as well as their position (if any)) in the form approved by the Administration. The registration form of the Service may also request additional information from the User.
- Registration is considered complete only if the User has successfully passed all its stages, including verification, carried out by clicking on a unique link sent to the e-mail address or cell phone number specified by the User. Instead of registration, the User may perform the initial authorization using a third-party web service if technically possible.
- After completing the Registration, the User has access to the full functionality of the Service in accordance with its purpose.
PERSONAL DATA PROCESSING
By using the Service, the User grants the Administration his/her consent to the processing of his/her following personal data:
- last name, first name;
- e-mail address;
- cell phone number;
- city of residence;
- place of work or study;
- HTTP headers;
- IP address of the Device;
- cookie data;
- data collected by counters;
- data collected by web beacons;
- browser information;
- technical characteristics of the Device and software;
- technical data about the operation of the Service, including dates and times of use and access;
- identifiers of the requested Service interface windows;
for the term of this Agreement or any other transaction with the Administration for the following purposes:
- use of the User’s personal data for the purposes of conclusion and execution of this Agreement or any other transaction with the Administration;
- to improve the quality of service of the Administration, to organize the improvement of the software of the Service;
- use of the User’s personal data for the purposes of proper functioning of the Service in accordance with the User’s expectations, in particular for the correct identification of the User;
- placing personalized advertising and/or other information in any section of the Service and interrupting the use of the Service with advertising information;
- promotion of the Administration’s products and services, including the transmission of information and advertising messages about the Administration’s services by means of direct contact by means of communication, by means of telephone, mobile radio telephony network and otherwise, chat, sending SMS messages, sending messages via instant messaging services, sending e-mails, sending push notifications, conducting stimulating events, including lotteries, contests, games and other promotional activities organized by the Administration; conducting marketing programs, various offers, promotions and advertising activities related to the Service;
- conducting statistical and other studies of the use of the Service on the basis of anonymized data;
- creation of data information systems, analysis, modeling, forecasting, construction of mathematical models, construction of scoring models, their use and transfer of the results of information processing to third parties, analysis of aggregated and anonymous data, statistical and research purposes;
- compliance with mandatory requirements of applicable laws.
Within the framework of the granted consent, the Administration is granted the right to perform any actions with the User’s personal data, including, but not limited to: collection, systematization, accumulation, storage, clarification (update, change), use, depersonalization, blocking, destruction, transfer of personal data to the Administration’s partners, the list of which is provided on the Administration’s website, as well as the implementation of other necessary actions with personal data, taking into account the current legislation.
Processing of the User’s personal data is allowed using the following main methods (but not limited to them): storage, recording on electronic media and their storage, compilation of lists, labeling.
Processing of the User’s personal data under this Agreement is allowed by the Administration both with the use of automation means and without the use of automation means, with such actions with personal data as the use, clarification, distribution, destruction of personal data in respect of the User are carried out with the direct participation of a person.
Processing of User’s personal data with the use of DPM systems (Data Protection Manager), including those belonging to third parties and provided to the Administration on the basis of the relevant contract or agreement, is permitted, provided that the measures for protection of confidentiality of personal data are observed.
Processing of personal data provided by the User in the process of using the Service in accordance with the Agreement is carried out in connection with the need to conclude and execute this Agreement to which the User is a party.
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 provision of this consent.
LIABILITY, LIMITATION OF LIABILITY
- The Administration shall under no circumstances be liable for any damage 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, use of the Service in emergency situations, getting into an unfavorable situation as a result of using the Service, for any indirect, accidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation, caused in the course of using the Service, Content or other materials to which the User or other persons have accessed through the Service, even if the Administration has warned or indicated the possibility of such harm.
- The Administration is not responsible for the loss of the User’s ability to access their Account (loss of login and/or password from the account of a third-party web service).
- The Administration is not responsible for the User’s lack of access to the Internet, for the quality of services of communication providers, for the stability of the connection and availability of certain data transfer protocols.
- The Administration is not responsible for the termination of the User’s access to the Service for reasons unrelated to the fault of the Administration.
- The Administration is not responsible for the fact that the User transmits information using the Service through unprotected data transmission channels on the Internet and for the safety of information during its transmission.
- The Service may contain links to other Internet resources. The User hereby agrees that the Administration bears no responsibility 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.
- In all circumstances, the responsibility of the Administration is imposed on it only if there is fault in its actions (inaction), and such responsibility is limited to the amount of 1 (one) ruble and can not exceed this amount.
- In other cases, for failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable as provided for by the civil legislation of the Russian Federation and applicable law.
- The Party shall be released from liability for partial or full non-fulfillment of obligations under this Agreement, if it proves that proper performance was impossible due to force majeure, i.e. extraordinary, unforeseeable and unavoidable circumstances that arose during the implementation of obligations under this Agreement, which could not have been reasonably expected at its conclusion, or avoided or overcome, as well as beyond the control of the Parties to this Agreement.
- Force majeure circumstances include, inter alia: hostilities (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockade, natural disasters (earthquake, flood, hurricane, etc.), fire, terrorist acts, etc.), fire, terrorist acts, sabotage, transportation restrictions, prohibitive measures of states, prohibition of trade operations, including with certain countries, due to international sanctions, as well as disconnection of data centers located in the territory of the Russian Federation/the territory of the User’s location from the global Internet network and blocking of servers or connections by supervisory authorities.
- Force majeure circumstances shall not include, in particular, business risks, such as breach of obligations on the part of the debtor’s counterparties, the debtor’s lack of necessary funds, as well as financial and economic crisis, changes in the exchange rate, devaluation of the national currency, criminal actions of unidentified persons.
- Upon occurrence of force majeure circumstances specified in this Chapter, each Party shall without delay notify the other Party of them in writing, including by sending a message to e-mail or messenger. The notice shall contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, providing an assessment of their impact on the possibility of fulfillment by the Party of its obligations under this Agreement.
- In cases of force majeure circumstances provided for by this Chapter, the term of fulfillment of obligations under this Agreement by the Party shall be postponed commensurately with the time during which these circumstances and their consequences are in effect, if such change of terms is possible and/or expedient.
- If it is impossible and/or inexpedient to change the terms of fulfillment of obligations under this Agreement by the Party, or if the force majeure circumstances and their consequences continue to operate for more than 2 (two) months, the Party shall have the right to refuse to fulfill this Agreement with reference to the impossibility of fulfillment of obligations under this Agreement due to the occurrence of force majeure circumstances, if additional negotiations to identify acceptable alternative ways of fulfillment of this Agreement are not possible and/or expedient. The initiating Party shall notify the other Party of its refusal to fulfill its obligations under the Agreement within a reasonable period of time.
- In case of refusal of a Party to fulfill this Agreement with reference to impossibility of its fulfillment due to force majeure circumstances, none of the Parties shall have the right to demand from the other Party reimbursement of possible or occurred losses.
DISPUTE RESOLUTION AND SETTLEMENT OF CLAIMS
- All disputes and claims shall be regulated on the basis of the provisions of this Agreement, and in case of failure to settle them — in accordance with the procedure established by the current legislation.
- Any questions, comments and other correspondence should be sent by the Parties to each other by sending an electronic message by the methods provided in this Agreement for the exchange of notices, messages and documents. The Administration is not responsible and does not guarantee a response to requests, questions, suggestions and other information sent to it by any other means.
- Claims arising in connection with this Agreement shall be sent by the Parties to each other by sending an electronic message by means provided in this Agreement for the exchange of notices, messages and documents. The Party receiving the claim shall be obliged to consider the claim within 10 (ten) business days, if necessary sending a letter stating its position to the e-mail address specified in the claim. In this case, claims of the Party that cannot be identified on the basis of the data provided to it (including anonymous claims) shall not be considered. If the claim cannot be resolved through negotiations, the dispute shall be resolved in court in accordance with this Agreement and applicable law.
- The User and the Administration agree that if it is impossible to resolve disputes arising in connection with this Agreement through negotiations, such disputes shall be resolved by the parties in a Russian court under the rules of Russian law.
THE PERIOD OF THE AGREEMENT AND ITS TERMINATION
- This Agreement is concluded between the Parties for an indefinite period of time.
- The deletion of the User’s Account from the Service shall be deemed a refusal to use the Service and termination of this Agreement unilaterally and extrajudicially at the initiative of the User from the moment of deletion of the Account.
- To delete the User’s registration data and his Account, the User should use the corresponding functionality of the Service or request the Administration at the e-mail address specified in this Agreement or on the website of the Service.
- Termination of this Agreement is allowed by agreement of the Parties, by court decision, in case of unilateral refusal of the party to this Agreement from its fulfillment in accordance with the civil legislation.
AGREEMENT BETWEEN ELECTRONIC INTERACTION PARTICIPANTS
- The rules set forth in this Section are an agreement between the Parties to this Agreement as participants (parties) of electronic interaction, in accordance with Article 6 of the Federal Law dated 06.04.2011 N 63-FZ «On Electronic Signature», which establishes the cases of recognition of electronic documents (including primary accounting documents) signed by a simple electronic signature, equivalent to documents on paper signed by a handwritten signature.
- From the moment of conclusion of this Agreement, the Parties may exchange any electronic documents and electronic messages, as well as, accordingly, enter into contracts, agreements, transactions and unilateral actions between themselves, signing them with a simple electronic signature in accordance with the procedure established by this Section. In particular, it becomes available to the Parties to sign such documents as consent to processing of personal data, withdrawal of consent to processing of personal data, consent to receive promotional mailings, withdrawal of consent to receive promotional mailings and other documents with a simple electronic signature.
- Information in electronic form in the form of an electronic document or electronic message sent by one of the Parties to the other Party shall be legally effective only if it is either sent to the respective e-mail address of the receiving Party from the e-mail address of the sending Party specified in this Agreement or upon Registration in the Service, or sent to the other Party via messenger or Personal Account.
- The Parties agreed to consider the existence of relevant records in the information systems of e-mail operators, messengers, myAlpari or the Service as confirmation of the fact of sending or receiving information. As evidence of the existence of such records, the Parties agreed to consider as reliable also screen shots (screenshots) from the devices from which it is possible to access such information systems.
- When transmitting information in the form of electronic files, the value of the Checksum (Hash Sum) may be used to confirm their authenticity (immutability).
- For the purposes of this Agreement, information in electronic form sent by one Party to the other Party using Personal Account shall be regarded as signed with a simple electronic signature in the form of the User’s identifier in Personal Account (login), which is contained in the electronic message itself, the simple electronic signature key (a pair of login and password) shall be applied in accordance with the rules established by the Administration in this Agreement. The electronic message shall contain information indicating the Party on whose behalf the electronic message was sent.
- Information in electronic form, signed by a simple electronic signature of the Party sending it, shall be recognized by the Parties as an electronic document equivalent to a paper document signed by a handwritten signature of the respective Party. All documents, notices and communications sent by the Parties to each other under this Section shall be recognized as official correspondence under this Agreement and any other transaction between the Parties, and shall have the force of a legally significant written document. Messages originating from the respective e-mail address, messenger ID, telephone number or Personal Account shall be deemed to be messages originating from the respective Party to this Agreement. Scanned copies of documents signed by the Parties (contract, additional agreements, annexes, acts, notices, claims and other documents) are equal to paper documents with personal signatures of the Parties.
- Each of the Parties undertakes to keep confidentiality of the simple electronic signature key in the form of login and password from the information system of the operator of e-mail, messenger services. In case of unauthorized access to the specified login and password, their loss or disclosure to third parties, the Party is obliged to immediately notify the other Party and take measures to restore access and/or replace the login and password.
- The use of a simple electronic signature for signing primary accounting documents in electronic form shall be allowed until the adoption, pursuant to paragraph 4 of part 3 of Article 21 of the Federal Law dated 06.12.2011 N 402-FZ «On Accounting», of the relevant federal accounting standard, which will establish the types of electronic signatures used for signing accounting documents. In the event that the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, this section of the Agreement shall cease to apply to the signing of primary accounting documents without terminating the Agreement as a whole.
- Instead of using a simple electronic signature to sign electronic documents, the Parties shall be entitled to use an enhanced qualified electronic signature in accordance with applicable law. The Parties recognize the legal significance of the documents signed with a reinforced qualified electronic signature sent both in accordance with this Section and via electronic document management systems (e.g. Contour.Diadok, Tensor SBSIS, etc.).
- This Agreement, acts, notices, claims, other documents and electronic messages sent by the Parties to each other may contain links to information resources on the Internet (websites, website pages, etc.). The Party is obliged to inform the other Party about impossibility to follow the link received from it, occurrence of an error, absence of necessary information or its inconsistency with the previously agreed information when following the link received within 3 (three) days from the moment of receipt of the link, otherwise, the Party that sent the link has the right to consider that the other Party has accessed the information provided by the Party that sent the link after following such link and has no objections to this fact.
- The current edition of this Agreement shall be placed on the Internet on the Service’s website at the address: https://jugru.org/en/user_agreement/.
- The Administration reserves the right to unilaterally and without prior notice to Users to change the terms of the Agreement, posting the final version of the Agreement on the website of the Service at the above address 10 (ten) days prior to the entry into force of the changes. The provisions of the new version of the Agreement become binding for all previously registered Users of the Service from the date of its entry into force.
- Assignment of rights (claims) under this Agreement shall be made upon written agreement of the Parties or by virtue of legal succession on the basis of law.
- This Agreement in its meaning and content is an agreement on granting a simple (non-exclusive) license to use the Service as software, concluded in a simplified manner by joining the Agreement as a whole.
- The legislation of the Russian Federation applies to this Agreement.
- The place of execution of this Agreement shall be the place specified on the first page of this Agreement.
Jug Ru Group LLC, OGRN 1177847388465, INN 7801341446, KPP 780101001
Registered address: 199004, Saint-Petersburg, V.O. 9th line, 34, Lit. A, office. 500,
Phone.: +7 (812) 982-47-96