TERMS OF SERVICE USE
12.09.2022
1. General Provisions
1.1. This user agreement (hereinafter referred to as the Agreement) is an agreement between Cart-Power LLC (hereinafter referred to as the Administration) and any legal or natural person (hereinafter referred to as the User) who has expressed agreement with the conditions set forth in this Agreement by performing actions aimed at using the products and services of Cart-Power LLC posted on the Internet site at the address of the Administration Resources.
1.2. The performance of actions aimed at the direct use of the Service is considered the unconditional acceptance (acceptance) of this Agreement.
1.3. This Agreement is an open and public document and is located on the Internet. The user expresses his consent to these conditions. If the User does not agree with any of the conditions, the User must stop using the Service.
1.4. This Agreement may be changed by the Administration at any time without prior notice to Users.
1.5. By joining the terms of this Offer, the User agrees to receive informational messages, informational and / or promotional messages about services and events provided / conducted by the Administration and / or partners (counterparties) of the Administration within the framework of the purposes of the User Agreement using the User’s mobile phone number provided by the User in order to register and enter the Service (including by making phone calls, sending short text messages, electronic messages using information and communication services and / or instant electronic messaging programs (messengers)) and by e-mail address.
2. Terms and definitions used in this Agreement
2.1. The Parties have agreed that for the purposes of this Agreement, the following terms and definitions have the following meaning:
“Administration” – Cart-Power LLC, which is the owner and holder of the exclusive rights to the Service.
“User” – any legal or natural person who has shown interest in the Service and accepted this Agreement in accordance with the terms. An individual who is a representative of a legal entity who has shown interest in the Service and accepted the Agreement is considered an authorized representative, regardless of the fact that supporting documents (power of attorney, etc.) have been requested by the Administration.
“Parties” – Administration and User.
“Resources” – cart-power.com, store.cart-power.com, hd.cart-power.com.
“Service” – a platform located at the address https://cart-power.ru/ , aimed at offering an unlimited number of persons the opportunity to purchase products and services of the Administration.
“Domain name”, “domain” – a unique alphanumeric name designed to identify the User’s resource on the Internet.
“Purpose of the Service” – an offer to the User and further acquisition by the User of products and services of the Administration.
“Account” , “Personal Account” – a record containing a set of information transmitted by the User to the Service upon Registration and used to work in accordance with the Purpose of the Service.
“User session” – the period of active use by the User of the Service until the actual exit from the Service.
“Registration” – the procedure during which the User fills out a form on the Service, creates a password, creates an Account.
“User registration data” – data voluntarily specified or uploaded by the User during the Registration and further use of the Service.
“Simple electronic signature” – an electronic signature that, through the use of codes, passwords or other means, confirms the fact of the formation of an electronic signature by a certain person in accordance with this Agreement
“Terms of Use” – a set of agreements between the User and the Administration, including this Agreement, additional terms and conditions relating to the use of the Service, as well as other agreements, which separately stipulate that they are included in the Terms of Service.
“Personal data”– any information relating directly or indirectly to an identified or identifiable natural person (“personal data subject”); an identifiable natural person is a person who can be identified directly or indirectly.
“IP address” is a number from the numbering resource of a data transmission network built on the basis of the IP protocol (RFC 791), which uniquely identifies, when providing telematic communication services, including access to the Internet, a subscriber terminal (computer, smartphone, tablet, etc.). device) or means of communication included in the information system and owned by the User.
“Cookies”, “cookies” are a small piece of data sent by a web server and stored on the User’s device on which the Counter is installed. Cookies contain small pieces of text and are used to store information about how browsers work. All of these technologies are referred to as “cookies” in this Agreement.
“Cart-Power License Database” – a data warehouse that contains information about the right to use the Administration’s products on a particular domain name. Any software may only be used on domains listed in the Cart-Power license database. Using the Administration software on domains that are not registered in the Cart-Power license database is illegal.
“Software”, “Cart-Power Software” – any software, computer program, module, theme, set of modules, themes, any set of programs available for purchase or download on the Administration Resources.
2.2. All other terms and definitions found in the text of the Agreement are interpreted by the Parties in accordance with the legislation of the Russian Federation, the current recommendations (RFC) of international standardization bodies on the Internet and the usual rules for interpreting the relevant terms that have developed on the Internet.
2.3. The terms and definitions used in this Agreement may be used in the singular or in the plural, depending on the context, the spelling of the terms may be used in both capital and capital letters.
2.4. The titles of the headings (sections), as well as the construction of the Agreement, are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.
3. Subject of the Agreement
3.1. Under this Agreement and subject to the User’s compliance with its relevant terms, the Administration grants the User the right to use the Service under the terms of a simple (non-exclusive) license.
3.2. The use of the Service under the terms of this Agreement is provided to the User on the territory of any country.
3.3. The use of the Service by the User within the framework of this Agreement means exclusively the operation of the Service for its direct Purpose of the Service.
3.4. The granting of a non-exclusive license for the right to use the Service does not require the preparation of a separate act of granting. A non-exclusive license is considered granted from the User’s accession to the terms of this Agreement, the moment the Service is used. This paragraph is considered by the Parties as equivalent to the act of granting a non-exclusive license. The license is provided free of charge.
3.5. The right to use the Service granted under this Agreement does not include the right to conclude sublicensing agreements by the User.
3.6. This Agreement does not provide for the transfer of rights to the intellectual property of the Administration (or part of it), with the exception of a non-exclusive license, which is granted on the basis of this Agreement. Nothing in this Agreement constitutes an assignment of intellectual property rights to the Administration or a waiver of these rights under the law.
3.7. The right to use the Service on the basis of a simple (non-exclusive) license granted on the basis of this Agreement remains in effect until revoked by the User.
4. Terms of use
4.1. The Service, its content, constituents and individual components (including, but not limited to: the website, databases, program codes, 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 legislation, any use of which is allowed only on the basis of the permission of the Administration.
4.2. The Agreement governs relations solely on the use of the Service in accordance with its purpose.
4.3. The use of the Service in accordance with its purpose and functionality must be carried out by Users in strict accordance with the regulatory legal acts of the Russian Federation and the country of residence of the User.
4.4. To contact the Administration in order to purchase products or services presented on the Service, the User fills out a web form containing:
4.4.1. Username;
4.4.2. User’s email;
4.4.3. User’s phone;
4.4.4. a short message on the merits of the User’s request;
and sends a request to the Administration by clicking the “Send” button.
4.5. To register on the Service and create an Account, the User must provide the following data:
4.5.1. User’s email;
4.5.2. unique password of the User;
4.5.3. User’s website (optional)
When registering on the Service, the User is obliged to come up with and enter a unique password used to enter the Service in subsequent times of the User session. Password recovery after registration is possible by sending access to the Account with the subsequent introduction of a new password to the User’s e-mail specified during registration.
4.6. Any actions performed using the registration system specified in clause 4.5 of this Agreement are considered to be committed by the User. The User is solely responsible for all actions and their consequences within and / or in connection with the execution of the Agreement under his account, including cases when the User transfers data for access to third parties on any terms.
4.7. The User session is valid until the User is forced to exit the Service.
4.8. The User has the right to receive a free consultation on the content of the products and services of the Administration by sending contact details (name, e-mail and phone number of the User) in a specialized web form for consultations or by independently contacting the Administration’s contact center by phone 8-800-302-08-86.
4.9. The service provides access to up-to-date information about products (computer programs) and services of the Administration. Information published on the Administration’s Resources is considered relevant.
5. Validity of the Agreement
5.1. This Agreement is concluded between the Parties for an indefinite period.
5.2. The Administration reserves the right to change the terms of the Agreement unilaterally and without prior notice to Users, while posting the final version of the Agreement at the above address. The provisions of the new version of the Agreement become mandatory for all previously registered Users of the Service from the date of its entry into force.
5.3. Termination of this Agreement means its termination in all meanings, including in terms of the agreement between the participants of electronic interaction, upon termination of which the User is considered to have terminated electronic interaction with its other participants.
6. Rights and obligations of the Administration
6.1. The Administration guarantees that it has all legal grounds for granting the User the right to use the Service under the Agreement. All rights to the Service and its constituent components belong to the Administration or other copyright holders who have granted the Administration a non-exclusive license with the possibility of sublicensing, including under the terms of an open license.
6.2. The Administration undertakes to make every reasonable effort to ensure the stable operation of the Service, its gradual improvement, correction of errors in operation, however, it is provided to the User on an “as is” (AS IS) basis. This means that the Administration:
6.2.1. does not guarantee the absence of errors in the operation of the Service;
6.2.2. is not responsible for the uninterrupted operation of the Service and its compatibility with the software and hardware of the User and other persons;
6.2.3. shall not be liable for any damages that arise or may arise in connection with or while using the Service;
6.2.4. shall not be liable for non-fulfillment or improper fulfillment of its obligations due to failures in telecommunications and energy networks, actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and (or) disabling of the software and (or) hardware complex of the Administration.
6.3. The Administration undertakes to grant the User the right to use the Service on the condition of a gratuitous non-exclusive license.
6.4. The Administration undertakes to provide the User with additional opportunities to use and pay for the services of the Service, in accordance with the Offer Agreement for the provision of a non-exclusive license to use computer programs and Agreement or Invoice to provide services for the development of an online store.
6.5. The Administration has the right at any time unilaterally and without prior notice to the User to limit, expand or change the content of the Service.
6.6. The Administration has the right to refuse registration and use of the Service in cases provided for by the Agreement.
6.7. The Administration has the right to send messages to the User containing organizational and technical information about the operation of the Service, information about the Service and / or other information within the Service.
6.8. The Administration has the right to immediately block the User from using the granted rights to the Service if the User violates the terms of this Agreement or if the Administration considers the User’s actions to be fraudulent or aimed at damaging the Service, undermining the reputation or brand of the Administration.
6.9. The Administration has the right to send organizational and technical information, information about the functioning of the Service in any way, as well as place advertising, informational and other messages within the Service, and the User, accepting the terms of this Agreement, confirms his consent to this.
6.10. The Administration has the right to process the User’s personal data and transfer them to third parties in order to fulfill this Agreement and resolve claims related to the execution of this Agreement in accordance with the Privacy Policy.
6.11. The Administration has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of executing this Agreement without the additional consent of the User.
7. Rights and obligations of the User
7.1. The User has the right to use the Service not prohibited by this Agreement and the current international and Russian legislation in ways in accordance with its purpose and within its functionality.
7.2. In the event of a technical problem in the operation of the Service, the User has the right to contact the Administration to clarify the situation and take the necessary measures.
7.3. The User has the right to ensure the safety of his personal data, to the extent that it depends on the Administration in accordance with the current legislation of the Russian Federation.
7.4. The User undertakes to properly comply with the terms of this Agreement as well as the rights and legitimate interests of the Administration.
7.5. The User is obliged to refrain from taking actions aimed at destabilizing the operation of the Service, attempting unauthorized access to the Service, its parts and code, as well as from taking any other actions that violate the rights of the Administration or third parties.
7.6. The User undertakes not to attempt to disable or otherwise interfere with any technical means of protecting the Service.
7.7. The User undertakes not to attempt to change or modify any part of the Service.
7.8. The User undertakes not to use the Service in ways not provided for in this Agreement.
7.9. The user undertakes to provide protection against viruses and other malicious programs of all his devices from which the use is made.
7.10. The User undertakes to indemnify losses (actual damage/loss of profit) and/or compensation for violation of the Administration’s exclusive rights to the Service
7.11. The User agrees that he will reimburse the Administration for any losses incurred by the Administration in connection with the User’s use of the Service in violation of this Agreement by the User and the rights of other Users, third parties (including intellectual, informational, etc.).
7.12. The User has a right to full refund prior to the date of commencement of rendering the services in Agreement or Invoice.
7.13. Otherwise, the refund will be minus rendered services by the Administration.
8. Liability of the parties
8.1. For the execution of this Agreement, the Administration may involve third parties.
8.2. The User confirms that the specified third parties are granted the same rights as the Administration, including in relation to the User’s personal data.
8.3. The user guarantees that he will not take any action aimed at causing damage to the Administration or other persons.
8.4. In case of violation of the rules for using the Service specified in this Agreement, as well as in case of violation of clause 8.3. of this Agreement, the User undertakes to compensate the Administration for the harm caused by such actions.
8.5. The Administration is not responsible for the negative consequences and losses resulting from events and circumstances that are outside the scope of its competence, as well as for possible illegal actions of the User or third parties.
8.6. The Administration is not responsible if it is impossible to fulfill obligations due to the inaccuracy, insufficiency or untimeliness of the information and documents provided by the User, or violation by the User of the terms of this Agreement or the requirements for the information and documents provided.
8.7. Under no circumstances shall the Administration be liable to the User or any third parties for any indirect damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Service.
8.8. The Administration is not responsible to the User or any third parties for:
8.8.1. actions of the User in the Service;
8.8.2. the content and legality, reliability of the information used/received by the User in the Service;
8.8.3. the quality of goods/works/services purchased by the User after viewing advertising messages (banners, commercials, etc.) posted on the Service (if they are posted), and their possible non-compliance with generally accepted standards or the User’s expectations;
8.8.4. for the consequences of using the information used / received by the User in the Service;
8.8.5. for the inability to use the Service or any of its parts due to the User’s lack of access to the global Internet;
8.9. The use by the User of the Service not in accordance with the terms of this Agreement or in violation of any terms of this Agreement entails the refusal to execute this Agreement by the Administration.
8.10. The User’s account may be canceled or blocked without prior notice to the User in cases of violation by the User of the methods of using the Service in accordance with the terms of this Agreement.
9. Privacy Policy
9.1. For the purposes of this Agreement, confidential information is any information, including business, technical and financial information, disclosed by any of the Parties in the form of documents, as well as other information marked by the Parties as confidential.
9.2. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and insecure communication channels, regardless of the presence or absence of markings indicating the confidentiality status 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.
9.3. Disclosure of confidential information within the framework of this Agreement means an action or inaction of one of the Parties to the agreement, as a result of which confidential information becomes known to third parties in the absence of the consent of their owner. At the same time, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
9.4. It is not a violation of confidentiality to provide confidential information at the legitimate request of law enforcement and other authorized state bodies and officials in cases and in the manner prescribed by applicable law.
9.5. In the event that confidential information is disclosed to the said authorities and/or persons, the Party that disclosed it shall notify the owner of the confidential information in writing of the fact of their provision, their content and the body to which they were provided no later than 2 (two) business days from the date of disclosure.
9.6. The obligation to comply with the terms of confidentiality is valid indefinitely.
9.7. Media communications, public announcements and other communications relating to this Agreement may be made with the prior written consent of the other Party.
10. Processing of personal information
10.1. The acceptance (acceptance) of the Agreement and the use of the Service in accordance with it provides for the need to provide, collect and / or use a number of personal data. In particular, when providing access to the Service and when using it, the Administration gains access to and uses a number of data relating to the User – an individual or representatives of legal entities – individuals. Privacy Policy regarding the processing of personal data of the Administration regarding the Service.
10.2. The User by Registering, putting the appropriate mark in the check-box, pop-up window, etc., provides the Administration with its consent to the processing of its following personal data:
10.2.1 last name, first name, patronymic (the last name, if available);
10.2.2. E-mail address;
10.2.3. cell phone number;
10.2.4. token;
10.2.5. HTTP headers
10.2.6. cookie data;
10.2.7. addresses of the requested pages of the Service;
for the duration of this Agreement or for the period specified in the check-box, pop-up window, etc., for the following purposes:
- use of personal data of Users who are individuals using the Service on their own behalf for the purposes of concluding and executing the Agreement;
- use of personal data of Users who are individuals using the Service on behalf of the individual or legal entity they represent, for the purposes of concluding and executing the Agreement;
- conducting statistical and other studies of the use of the Service based on anonymized data.
10.3. Within the framework of the given 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 (updating, changing), use, transfer, depersonalization, blocking, destruction, transfer, including including cross-border, personal data to the partners of the Administration, in particular, the site hosting provider and the operator of the electronic platform for distributing the mobile application, as well as the implementation of other necessary actions with personal data, subject to applicable law.
10.4. The processing of the User’s personal data is permitted using the following main methods (but not limited to them): storage, recording on electronic media and their storage, listing, marking.
10.5. The processing of the User’s personal data is permitted without the use of automation tools in accordance with applicable law.
10.6. The processing of the User’s personal data under this Agreement is carried out by the Administration without the use of automation tools, since such actions with personal data as the use, clarification, distribution, destruction of personal data in relation to the User are carried out with the direct participation of a person.
10.7. The 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.
11. Links to third party websites
11.1. The Service may contain links or provide access to other sites on the global Internet (third-party sites) and content posted on these sites, which is the result of the intellectual activity of third parties.
11.2. These sites and the content posted on them are not checked by the Administration for compliance with the requirements of the legislation of the Russian Federation, as well as the laws of other countries.
11.3. The Administration is not responsible for any information or content posted on the websites of third parties to which the User gets access, including, but not limited to, any opinions or statements expressed on the websites of third parties.
11.4. The User confirms that from the moment the User clicks on the link to the website of a third party, the relationship between the Administration and the User is terminated, this Agreement does not apply to the User in the future and the Administration is not responsible for the accuracy of the information posted on the websites of third parties, the User’s use of the content, the legitimacy of such use and the quality of content posted on third party websites.
12. Legally relevant messages
12.1. Documents, appeals, notifications and other messages under this Agreement may be sent in writing in the form of a paper or electronic document, messages in accordance with the agreement between participants in electronic interaction, given in the section “Agreement between participants in electronic interaction” of this Agreement. In particular, by sending an electronic document, a message to the appropriate e-mail address.
12.2. Any message is legally binding only if it is sent by one of the Parties to the other Party at the postal or e-mail address specified by the User when registering on the Service, the Administration’s e-mail address sales@cart-power.com, when the User personally applies to the Administration with presentation identity cards, or through the same messengers or phone numbers indicated in the same way (SMS message).
12.3. Any message may be delivered personally or sent by registered mail, and is considered received by the addressee:
upon delivery personally to the addressee or his representative – on the date of delivery;
when sent by registered mail – on the date indicated in the receipt confirming the delivery of the corresponding postal item by the communication organization.
12.4. The message is considered delivered (received by the addressee) even in those cases if it was received by the addressee, but due to circumstances depending on him, was not handed to him or the addressee did not familiarize himself with it.
13. Agreement between participants of electronic interaction
13.1. The rules given in this section are a multilateral agreement between all Users, both among themselves and with the Administration, as between participants (parties) of electronic interaction establishing cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature.
13.2. The formation of a simple electronic signature of the User is carried out using a specific key of a simple electronic signature corresponding to a specific method of exchanging electronic documents. The User agrees to use the simple electronic signature key to sign electronic documents with his simple electronic signature.
13.3. The formation of a simple electronic signature of the Administration is carried out using a specific key of a simple electronic signature corresponding to a specific method of electronic document exchange. An electronic document is considered signed with a simple electronic signature of the Administration if it is established that the Administration uses a simple electronic signature key that matches the simple electronic signature key of the Administration available in the information systems of the Administration.
13.4. A simple electronic signature of the User certifies the fact of signing an electronic document by the User, and a simple electronic signature of the Administration certifies the fact of signing an electronic document by the Administration.
13.5. Information in electronic form in the form of an electronic document or electronic message is legally valid only if it is sent to those indicated in this Agreement or upon personal contact of the User with the Administration with the presentation of an identity card, the email address of the addressee of the email address of the sending party or using in the same way the specified messengers, or phone numbers (SMS message).
13.6. The simple electronic signature of the Party is contained in the electronic document itself. A simple electronic signature of the User contains information indicating the person who signed the electronic document (last name, first name and patronymic, if any), the date and time of signing the electronic document. A simple electronic signature of the Administration contains information indicating the last name, first name and patronymic (if any) of the employee of the Administration who signed the electronic document, his position, date and time of signing the electronic document.
13.7. To verify a simple electronic signature, software, hardware and other means of the Administration are used. The Administration refuses to accept an electronic document in case of a negative result of verification of a simple electronic signature of the User.
13.8. The fact of creating an electronic document signed with a simple electronic signature, as well as the fact and result of verification of a simple electronic signature and other actions of the Administration and the User are recorded in electronic logs in the information systems of the Administration.
13.9. The User has the right to receive from the Administration a copy of the electronic document signed by it on paper, which displays information about the signing of the electronic document with simple electronic signatures of the User and the Administration, stamped by the Administration “correct copy” and the Administration’s handwritten signature.
13.10. For the purposes of this Agreement, information in electronic form sent by one party from its email address to the email address of the other party is considered signed by a simple electronic signature in the form of an email address (login) that is contained in the electronic message itself, the simple electronic signature key ( pair login and password) is applied in accordance with the rules established by the operator of the e-mail service, and the e-mail contains information indicating the party on behalf of which the e-mail was sent. An electronic document is considered signed with a simple electronic signature if the fact of delivery of an electronic message from the email address of the sending Party is established.
13.11. For the purposes of this Agreement, information in electronic form sent by one party to the other party using a messenger is considered signed by a simple electronic signature in the form of a User ID in the messenger, which is contained in the electronic message itself, the simple electronic signature key (login and password pair) is applied in accordance with the rules established by the operator of the messenger, and the electronic message contains information indicating the party on behalf of which the electronic message was sent. An electronic document is considered signed with a simple electronic signature if the fact of delivery of an electronic message in the messenger from the identifier of the sending Party is established.
13.12. Information in electronic form, signed by a simple electronic signature of the party sending it, is recognized by the parties as an electronic document, equivalent to a document on paper, signed by the handwritten signature of the relevant party.
13.13. Each of the parties undertakes to maintain the confidentiality of the simple electronic signature key in the form of a login and password from the information system of the operator of the e-mail services, messenger, Personal Account. In case of unauthorized access to the specified login and password, their loss or disclosure to third parties, the party is obliged to immediately inform the other party about this and take measures to restore access and / or replace the login and password.
13.14. The electronic security measures taken by the Administration do not guarantee absolute protection of information from damage or interception, as well as from other possible negative consequences. The User acknowledges and agrees that there are risks associated with the transfer of information in electronic form, including the risk of unauthorized use by third parties of personal data used to verify the data and Authorization of the User, violation of the confidentiality of the simple electronic signature key and its use by third parties.
14. Dispute Resolution
14.1 This agreement complies with the applicable law, as noted in the Invoice.
Any dispute arising out of or in connection with this agreement, including any question regarding its interpretation, validity or termination, shall be referred to and finally resolved by the court, as noted in the Invoice.
14.2. In the event of a dispute, a party will take measures for its pre-trial settlement by sending a written claim (demand) to the other party.
14.3. Any claims (requirements) of the User must be sent to the Administration by sending an electronic message using the methods provided for in the sections “Legal messages” and “Agreement between participants in electronic interaction” of this Agreement. The administration is not responsible and does not guarantee answers to claims sent to it in another way.
14.4. The Administration undertakes to consider the claim within 10 (ten) working days and send a response in the same manner as the claim was received. At the same time, the claims of Users who cannot be identified on the basis of the data provided by them during Registration (including anonymous claims) are not considered by the Administration. If the User does not agree with the reasons given by the Administration in response to the claim, the dispute resolution procedure is repeated.
