TERMS OF SERVICE USE

1. General Provisions

1.1. This User Agreement (hereinafter — the Agreement) constitutes an agreement between Cart-Power LLP, Stoney Works, 8 Stoney Lane, London, United Kingdom, SE19 3BD, (hereinafter — the Administration) and any legal entity or individual (hereinafter — the User) who has expressed consent to the terms set forth in this Agreement by performing actions aimed at using the website cart-power.com, hd.cart-power.com (hereinafter — the Service), hosted as a website on the Internet at the Administration’s Resources.

1.2. The performance of actions aimed at the direct use of the Service shall be deemed an unconditional acceptance (acceptance) of this Agreement.

1.3. This Agreement is an open and publicly available document and is published on the Internet at cart-power.com/legal-documentations/terms-of-service-use. The User expresses their consent to these terms. If the User does not agree with any of the terms, the User must cease using the Service.

1.4. This Agreement may be amended by the Administration at any time without prior notice to the Users.

1.5. By accepting the terms of this Agreement, the User agrees to receive informational messages, informational and/or advertising messages about services and events provided/conducted by the Administration and/or partners (counterparties) of the Administration within the purposes of the User Agreement, using the User’s mobile phone number provided by the User when filling out contact details in special forms (including by means of telephone calls, sending short text messages, electronic messages using information and communication services and/or instant messaging programs (messengers)) and via email.

2. Terms and Definitions Used in This Agreement

2.1. The Parties agree that for the purposes of this Agreement, the following terms and definitions shall have the meanings set forth below:

Administration — Cart-Power LLP, Stoney Works, 8 Stoney Lane, London, United Kingdom, SE19 3BD, which is the owner and holder of exclusive rights to the Service.

User — any legal entity or individual who has shown interest in the Service and has accepted this Agreement in accordance with its terms. An individual who is a representative of a legal entity, having shown interest in the Service and accepted this Agreement, shall be deemed an authorized representative, regardless of whether the Administration requests supporting documents (power of attorney and others).

Parties — the Administration and the User.

Resources, Site, Website — cart-power.com and its subdomains, hd.cart-power.com.

Service — a platform located at the electronic addresses cart-power.com, hd.cart-power.com, aimed at offering an unlimited number of persons the opportunity to purchase products (computer software) and services of the Administration, including by posting links to the relevant products.

Domain Name, Domain — a unique alphanumeric name intended to identify the User’s resource on the Internet.

Purpose of the Service — offering to the User and the subsequent acquisition by the User of the Administration’s services in connection with Computer Software.

User Session — the period of active use of the Service by the User until the actual logout from the Service.

Terms of Use — the 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 in which it is expressly stated that they form part of the Terms of Use of the Service.

Personal Data — any information relating to a directly or indirectly identified or identifiable natural person (“personal data subject”).

IP Address — 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 telematics communication services, including access to the Internet, the subscriber terminal (computer, smartphone, tablet, other device) or communication means included in the information system and belonging to the User.

Cookie Files, Cookies — a small piece of data sent by a web server and stored on the User’s device on which the Counter is installed. Cookie files contain small pieces of text and are used to store information about browser operations. In this Agreement, all such technologies are referred to as “cookies”.

Cart-Power LLC License Database — a data repository which collects information on the right to use the Administration’s products on a particular domain name. Any software may be used exclusively on domains for which information is contained in the Cart-Power LLC license database. Use of the Administration’s software on domains not registered in the Cart-Power LLC license database is unlawful.

Software, Cart-Power LLC Software — any software, computer program, add-on, theme, set of add-ons, any software package presented on the Site.

All other terms and definitions found in the text of this Agreement shall be interpreted by the Parties in accordance with legislation, applicable recommendations (RFC) of international standardization bodies on the Internet, and customary rules of interpretation of relevant terms established on the Internet.

2.2. The terms and definitions used in this Agreement may be used in both the singular and the plural depending on the context, and the spelling of terms may be used with both capital and lowercase letters.

2.3. The headings (sections) and the structure of this Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal significance.

3. Subject of the Agreement

3.1. Under this Agreement and subject to the User’s compliance with its respective terms, the Administration grants the User the right to use the Service under the terms of a simple (non-exclusive) license.

3.2. For the purposes of this Agreement, the User’s use of the Service means exclusively the operation of the Service in accordance with its direct intended purpose.

3.3. The grant of a non-exclusive license for the right to use the Service does not require the execution of a separate instrument of grant. The non-exclusive license shall be deemed granted upon the User’s acceptance of the terms of this Agreement and from the moment of the commencement of use of the Service. The Parties consider this clause to be equivalent to an instrument of grant of a non-exclusive license. The license is provided free of charge.

3.4. The right to use the Service granted under this Agreement does not include the right of the User to enter into sublicense agreements.

3.5. This Agreement does not provide for the transfer of intellectual property rights of the Administration (or any part thereof), except for the non-exclusive license granted under this Agreement. No provisions of this Agreement shall be deemed an assignment of the Administration’s intellectual property rights or a waiver of such rights under applicable law.

3.6. The right to use the Service under a simple (non-exclusive) license granted under this Agreement shall remain in effect until revoked by the User.

4. Terms of Use

4.1.  The Service, its content, constituent parts, and individual components (including but not limited to: the website, databases, software code, algorithms, design elements, fonts, logos, as well as text, graphic, and other materials) are intellectual property protected in accordance with law. Any use thereof is permitted solely on the basis of authorization from the Administration.

4.2.  The Agreement governs relations exclusively with respect to the use of the Service in accordance with its intended purpose.

4.3.  The Service must be used by Users in accordance with its intended purpose and functionality in strict compliance with the regulatory legal acts of the Administration’s country of residence and User’s country of residence.

4.4.  To contact the Administration for the purpose of purchasing the products or services presented on the Service, the User completes a web form containing:

– name;

– email address;

– phone number;

– a brief message summarizing the substance of the User’s inquiry;

and sends the inquiry to the Administration by clicking the “Get in touch” button.

4.5.  A User session remains active until the User forcibly logs out of the Service.

4.6.  The User is entitled to receive a free consultation regarding the content of the Administration’s products and services by submitting their contact details (the User’s name, email address, and phone number) via the dedicated consultation web form or by independently contacting the Administration’s contact center by email: sales@cart–power.com.

4.7.  The Service provides access to up-to-date information on the Administration’s products (computer programs) and services. The information published on the Administration’s Resources is deemed to be up-to-date.

5. Effect of the Agreement

5.1. This Agreement is concluded between the Parties for an indefinite term. The current version of the Agreement is published on the Internet at: cart-power.com/legal-documentations/terms-of-service-use.

5.2. The Administration reserves the right to unilaterally amend the terms of the Agreement without prior notice to Users, by posting the final version of the Agreement at the above address. The provisions of the new version of the Agreement shall become binding on all previously registered Users of the Service as of its effective date.

6. Rights and Obligations of the Administration

6.1. The Administration guarantees that it has all legal grounds to grant 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 right holders that have granted the Administration a non-exclusive license with the right to sublicense, 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, and the correction of errors in its operation; however, the Service is provided to the User on an “as is” basis. This means that the Administration:

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

6.2.2. shall not be liable for the uninterrupted operation of the Service or its compatibility with the software and hardware of the User and other persons;

6.2.3. shall not be liable for any losses that have arisen or may arise in connection with or as a result of the use of 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 under the terms of a royalty-free non-exclusive license.

6.4. The Administration undertakes to provide the User with additional options for using and paying for the services of the Service in accordance with the Offer Agreement for Provision of Services for Computer Program Development and Configuration, as well as for ready solutions of the Administration in accordance with the Offer Agreement for Provision of a Non-exclusive License for a Computer Program.

6.5. The Administration is entitled at any time, unilaterally and without prior notice to the User, to restrict, expand, or modify the content of the Service.

6.6. The Administration is entitled to deny the use of the Service in the cases provided for by the Agreement.

6.7. The Administration is entitled to send the User messages containing organizational and technical information about the functioning of the Service, information about the Service, and/or other information within the framework of the Service.

6.8. The Administration is entitled to immediately block the User’s ability to use the granted rights to the Service (restrict access) in the event of a breach by the User of the terms of this Agreement, or if the Administration deems the User’s actions to be fraudulent or aimed at damaging the Service or undermining the reputation or brand of the Administration.

6.9. The Administration is entitled to send, by any means, organizational and technical information, information on the functioning of the Service, and to place advertising, informational, and other messages within the Service, and the User, by accepting the terms of this Agreement, confirms their consent thereto.

6.10. The Administration is entitled to process the User’s personal data and transfer them to third parties for the purposes of performing this Agreement and resolving claims related to the performance of this Agreement, in accordance with the Privacy Policy located at: cart-power.com/legal-documentations/privacy-policy, as well as the legislation.

6.11. The Administration is entitled to transfer the rights and obligations under this Agreement to third parties for the purposes of performing this Agreement without additional consent of the User.

7. Rights and Оbligations of the User

7.1. The User has the right to use the Service in ways not prohibited by this Agreement and by applicable legislation, in accordance with its intended purpose and within the limits of its functionality.

7.2. In the event of technical problems arising in the operation of the Service, the User has the right to contact the Administration to clarify the situation and for the necessary measures to be taken.

7.3. The User has the right to the safeguarding of their personal data, to the extent that this depends on the Administration, in accordance with the current legislation.

7.4. The User undertakes to duly comply with the terms of this Agreement and the current legislation, 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 its code, as well as from carrying out 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 protection measures of the Service.

7.7. The User undertakes not to attempt to alter or modify any part of the Service.

7.8. The User undertakes not to use the Service in ways not provided for by this Agreement.

7.9. The User undertakes to ensure protection against viruses and other malicious software of all their devices from which the Service is used. 

7.10. The User undertakes to compensate losses (actual damage/lost profit) and/or pay compensation for the infringement of the Administration’s exclusive rights to the Service.

7.11. The User agrees that they will reimburse the Administration for any losses incurred by the Administration in connection with the User’s use of the Service in breach of this Agreement and the rights of other Users or third parties (including intellectual, informational, and other rights).

8. Liability of the Parties

8.1. Third parties may be engaged by the Administration for the performance of this Agreement.

8.2. The User acknowledges that such third parties are granted the same rights as the Administration, including with respect to the User’s personal data.

8.3. The User guarantees that they will not take any actions aimed at causing damage to the Administration or other persons.

8.4. In the event of a breach of the rules for using the Service set forth in this Agreement, as well as a breach 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 shall not be liable for negative consequences and losses arising as a result of events and circumstances beyond its control, nor for possible unlawful actions of the User or third parties.

8.6. The Administration shall not be liable in the event of inability to perform obligations due to the inaccuracy, insufficiency, or untimeliness of information and documents provided by the User, or the User’s breach 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 profit or lost data, harm to honor, dignity, or business reputation caused by the use of the Service.

8.8. The Administration shall not be liable to the User or any third parties for:

– the User’s actions within the Service;

– the content, legality, and accuracy of information used/received by the User within the Service;

– the quality of goods/works/services purchased by the User after viewing advertising messages (banners, videos, etc.) placed within the Service (if placed), and their possible non-compliance with generally accepted standards or the User’s expectations;

– the consequences of applying information used/received by the User within the Service;

– the impossibility of using the Service or any parts thereof due to the User’s lack of access to the global Internet.

8.9. The User’s use of the Service other than in accordance with the terms of this Agreement, or in breach of any terms of this Agreement, shall result in the Administration’s repudiation of this Agreement. 

9. Confidentiality Terms

9.1. For the purposes of this Agreement, confidential information means any information, including information of a business, technical, and financial nature, disclosed by either Party 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 via both secure and unsecured communication channels, regardless of the presence or absence of markings indicating the confidential status of the transmitted information, except where such disclosure has occurred for reasons beyond the Parties’ control, and except as provided for by applicable law.

9.3. For the purposes of this Agreement, disclosure of confidential information means an action or omission of one of the Parties to the agreement, as a result of which confidential information becomes known to third parties without the consent of the owner thereof. The form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) shall be of no relevance.

9.4. The provision of confidential information at the lawful request of law enforcement and other authorized state bodies and officials in the cases and in accordance with the procedure provided for by applicable law shall not constitute a breach of confidentiality.

9.5. In the event of disclosure of confidential information to the said bodies and/or persons, the Party disclosing it shall notify the owner of the confidential information in writing of the fact of its provision, its content, and the body to which it was provided, no later than 2 (two) business days from the moment of disclosure.

9.6. The obligations relating to compliance with the confidentiality terms shall remain in effect for an unlimited period.

9.7. Communications for the media, 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. Acceptance of the Agreement and use of the Service in accordance therewith entails the need to provide, collect, and/or use a range of personal data. In particular, when granting access to the Service and during its use, the Administration gains access to and uses a range of data relating to the User — a natural person, or representatives of legal entities who are natural persons. The Administration’s Privacy Policy relating to the Service is available at: cart-power.com/legal-documentations/privacy-policy.

10.2. By placing the appropriate mark in a checkbox, pop-up window, when filling in web forms, etc. the User grants the Administration their consent to the processing of the following personal data:

– last name, first name, patronymic;

– email address;

– phone number;

– postal address;

– token;

– avatar;

– history of interaction with the Site;

– payment details and data of the User;

– information on the fulfillment of civil law obligations to the User;

– history of contacts with the User;

– HTTP headers;

– IP address of the User’s device;

– cookie data;

– data collected by counters;

– data obtained through web beacons;

– information about the User’s browser;

– technical specifications of the device and software;

– technical data on the operation of the Site, including dates and times of use of and access to the Site;

– addresses of requested website pages;

– geolocation data of the User;

for the term of this Agreement or for the term specified in the checkbox, pop-up window, etc., for the following purposes:

– use of the personal data of Users who are natural persons using the Service on their own behalf, for the purposes of entering into and performing the Agreement;

– use of the personal data of Users who are natural persons using the Service on behalf of the natural or legal person they represent, for the purposes of entering into and performing the Agreement;

– conducting statistical and other research on the use of the Service based on anonymized data;

– compliance with mandatory requirements of legislation.

10.3. Within the scope of the consent granted, the Administration is entitled to perform any actions with the User’s personal data, including but not limited to: collection, systematization, accumulation, storage, clarification (updating, modification), use, transfer, anonymization, blocking, destruction, transfer of personal data to the Administration’s partners, in particular, the website hosting provider and the electronic platform operator, as well as to perform other necessary actions with personal data in accordance with current legislation.

10.4. The processing of the User’s personal data is permitted using the following main methods (but not limited thereto): storage, recording on electronic media and storage thereof, compilation of lists, labeling.

10.5. The processing of personal data provided by the User in the course of using the Service in accordance with the Agreement is carried out in connection with the need to enter into and perform this Agreement, to which the User is a party.

11. Links to Third-Party Websites

11.1. The Service may contain links to or provide access to other websites on the global Internet (third-party websites) and the content posted on such websites that is the result of intellectual activity of third parties.

11.2. The said websites and the content posted thereon are not checked by the Administration for compliance with the requirements of legislation.

11.3. The Administration shall not be liable for any information or content posted on third-party websites to which the User gains access, including, among other things, any opinions or statements expressed on third-party websites.

11.4. The User acknowledges that from the moment the User follows a link to a third-party website, the relationship between the Administration and the User ceases, this Agreement no longer applies to the User thereafter, and the Administration shall not be liable for the accuracy of the information posted on third-party websites, the User’s use of the content, the lawfulness of such use, or the quality of the content posted on third-party websites.

12. Legally Significant Communications

12.1. Documents, inquiries, notices, and other communications within the framework of this Agreement may be sent in writing in the form of a paper or electronic document or message. In particular, by sending an electronic document or message to the relevant email address..

12.2. Any communication shall have legal force only if it is sent by one of the Parties to the other Party to the Administration’s postal or email address [email protected], upon the User’s personal application to the Administration with presentation of an identity document, or via messengers or phone numbers indicated in the same manner.

12.3. Any communication may be delivered personally or sent by registered mail and shall be deemed received by the addressee:

— if delivered personally to the addressee or their representative — on the date of delivery;

— if sent by registered mail — on the date indicated in the receipt confirming delivery of the relevant postal item by the communications organization.

12.4. A communication shall be deemed delivered (received by the addressee) even in cases where it has reached the addressee, but due to circumstances depending on the addressee, it was not delivered to them or the addressee did not familiarize themselves with it.

13. Dispute Resolution

13.1. All disputes arising in connection with the Agreement shall be resolved in accordance with legislation.

13.2. In the event of a dispute, a party shall take measures to resolve it pre-trial by sending a written claim (demand) to the other party.

13.3. Any claims (demands) of the User must be sent to the Administration by sending an electronic message in the manner provided for in the “Legally Significant Communications” section of this Agreement. The Administration shall not be liable and does not guarantee responses to claims sent by any other method.

13.4. The Administration undertakes to review the claim within 10 (ten) business days and to send a response in the same manner in which the claim was received. The Administration shall not review claims of Users who cannot be identified (including anonymous claims). If the User disagrees with the reasons provided by the Administration in response to the claim, the dispute resolution procedure shall be repeated. 

13.5. If the parties are unable to resolve the dispute pre-trial, the dispute may be referred to a state court at the location of the Administration upon the expiry of 30 (thirty) calendar days from the date of sending the initial claim (demand), for resolution under the rules of law.