This User Agreement (hereinafter referred to as the «Agreement») shall establish the terms and conditions for use by users of the Website Network https://www.hlebprom.com/, including subdomains (Online Store — https://shop.hlebprom.ru/) and their pages (hereinafter referred to as the «Website»), and constitute the Agreement between the Open Joint-Stock Company Hlebprom (hereinafter referred to as the «Administration») and any person who is a user of the Website (hereinafter referred to as the «User»).
Use of the Website shall be permitted only under the conditions set forth in this Agreement. If you do not agree to its terms, you must immediately stop using the Website. Use of the Website shall mean that you agree to the terms and conditions of this Agreement.
1. GENERAL PROVISIONS
1.1.The following terms and definitions shall apply in this Agreement:
- Website Administration (Administration) - authorized employees to manage the Website, acting on behalf of OJSC Hlebprom.
- Online Store - a website containing information about the Products, the Seller, that makes it possible to make choice, order and (or) purchase Products.
- User - a person who has passed the registration procedure in the Personal Account, as well as a person who has not passed the registration procedure, however, exercises access to the Website and/or uses and/or used it. Any person exercising access to the Website shall automatically confirm that it fully complies with the provisions of this User Agreement and with all amendments hereto, and that the requirements established by this User Agreement are applicable to it.
- Website - any of the automated information systems available on the Internet at the network addresses in the following domains (including subdomains): https://www.hlebprom.com/, https://shop.hlebprom.ru/.
- Service - a set of services provided to the User through the Website, including, but not limited to: access to information about JSC Hlebprom and the Product of JSC Hlebprom, information about purchasing the Product, purchasing Products, searching for and viewing the content of the Website, including the "Questions and Answers" section.
- Agreement - this document with all additions, alterations and documents specified herein.
- Content of the Website (hereinafter referred to as the "Content") - protected results of intellectual activity, including texts, their names, annotations, articles, illustrations, covers, musical works with or without text, graphic, textual, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademarks, industrial designs, computer programs, databases, as well as the design, structure, choice, coordination, appearance, overall style and location of the Content contained in the Website, and other intellectual property collectively and/or individually contained on the Website.
1.2.Other terms and definitions not specified in cl. 1.1. hereof may be used herein. In this case, the such terms shall be interpreted in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term or definition in the text of the Agreement and other documents forming the agreement on the terms of the Agreement, one shall be guided by its interpretation, determined: first of all, by the legislation of the Russian Federation, and subsequently - by the usual business practices and scientific doctrine, then - by the terms prevailing (common) on the Internet.
1.3. The User’s use of the Website within its functionality, including:
- access to the electronic content of the Website free of charge, with the right to view this content;
- access to search and navigation tools of the Website;
- providing the User with the option to send messages, comments, give ratings to the content of the online store;
- access to information about the product and its acquisition, ordering goods in the online store;
- other types of services implemented on the Website.
2.PROCEDURE FOR THE USER'S REGISTRATION AND USE OF THE WEBSITE
2.1. The list of the functional capacity of the Website, the use of which requires prior registration and/or authorization, as well as the adoption of additional documents for the use of the Services, if necessary, shall be determined at the sole discretion of the Administration and may change from time to time.
2.2. Upon completion of the registration procedure, a unique account shall be created that is associated with the User’s Personal Account on the Website that is necessary to use certain functional capacities of the Website and the Services based thereon.
2.3. For registration, the User shall provide accurate and complete information about himself according to the questions given in the registration form, as well as keep this information up to date. If the User provides incorrect information or if the Administration has grounds to believe that the information provided by the User is incomplete or inaccurate, the Administration may block or delete the User’s account at its discretion, and also refuse the User to use the Website and the Services associated with it, in whole or in part.
2.4. Any actions performed within the account of the User shall be deemed to be performed by the corresponding User. In case of unauthorized access to the User's account, or distribution of access, the User shall immediately notify the Administration of this fact and/or immediately change the personal password on the Website.
2.5. The User shall monitor the safety of its data and shall not disclose it to third parties. The User shall not transfer his Data to third parties, as well as directly or indirectly allow third parties to use his Data (including for Authorization). The User shall independently choose the method of data storage that ensures the compliance with this clause hereof. The User shall be solely liable for the security (resistance to guessing) and the protection of the data selected by it, and also shall ensure its confidentiality.
2.7. The Website administration may unilaterally cancel a user account if it has not been used for more than 24 calendar months in a row, without notifying the User of this fact.
3.RIGHTS AND OBLIGATIONS OF THE USER
3.1. The User may:
3.1.1. Use all the services available on the Website, get familiarized with the information, as well as purchase any Products offered in the Online Store.
3.1.2. Ask any questions related to the services of the Online Store for the details contained in the Question-Answer section of the Website, write its wishes, suggestions, send complaints, claims, reviews and any other information.
3.2. The User shall use the Website only for lawful purposes. The User agrees not to post on the Website and not send through the Website any of the following materials:
- violating legislation, containing threats and insults, discrediting other persons, violating the rights of citizens to privacy or public order, having the character of obscenity, violating to a certain extent the honor and dignity, rights and legally protected interests of other persons;
- promoting or containing incitement to religious, racial or ethnic hatred, containing attempts to incite hostility or incitement to violence;
- spam, viral content, unauthorized advertising;
- as well as other materials that induce other persons to behave illegally entailing criminal, civil and other liability or in any way violating the provisions of the legislation of the Russian Federation.
3.3. The User agrees that it shall be solely liable for the materials posted on the Website, including for the content of such materials, their compliance with the requirements of the law, for violations of third party rights to the materials posted by the User and shall reimburse for any damage arising out of such violations as well as any damage arising out of the uploading of such materials to the Website. 3.4. Пользователю запрещается:
3.4.1. Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of this Website.
3.4.2. Disrupt the proper functioning of the Website.
3.4.3. In any way evade the navigation structure of the Website to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the Website’s services.
3.4.4. Unauthorized access to the functions of the Website, any other systems or networks related to this Website, as well as to any services offered on the Website.
3.4.5. Violate the security system or authentication on the Website or on any network related to the Website.
3.4.6. Perform a reverse search, track or try to track any information about any other Website User.
3.4.7. Use the Website and its Content for any purpose prohibited by the legislation of the Russian Federation, as well as incite any illegal activity or other activity that violates the rights of the Website or other persons.
4.1. The subject matter of this Agreement shall include the provision of the User of the Online Store https://shop.hlebprom.ru/ with the access to the Products and services provided on the Website.
4.2. The Online Store shall provide the User with the following types of services:
- access to electronic content free of charge, with the right to view the content and purchase of the Products in the manner and under the conditions established by the Website Administration;
- access to Online Store search and navigation tools;
- providing the User with the option to send messages, comments, give ratings to the content of the online store;
- access to information about the Products and to information about the purchase of the Products free of charge;
- other types of services implemented on the pages of the online store.
4.3. The scope of this Agreement shall cover all the existing (actually functioning) services of the online store, as well as any subsequent modifications and additional services of the onlIne Store that may appear in the future.
4.4. This Agreement shall be a public offer. By getting access to the Website, the User shall be deemed to have acceded to this Agreement.
4.5. The Website administration may at any time, without a notice to the User, amend the list of Products and services offered on the Website, and (or) the prices applicable to such Products for their sale and (or) the services provided by the Online Store.
5.WARRANTIES AND LIABILITY OF THE PARTIES
5.1.The administration shall not be liable for the violation of the terms and conditions of this Agreement if such violation is caused by the action of circumstances of insuperable loss (force majeure), including: actions of state authorities, fire, flood, earthquake, other spontaneous actions, lack of electricity and/or malfunction of the computer network (disruption of communication lines, equipment malfunction, etc.), strikes, civil unrest, riots, any other circumstances, not limited to those listed above, which may affect the implementation by the Administration of the terms and conditions of this Agreement and are non-controlled by the Administration.
5.2. The Administration shall not be liable also for failure to fulfill or improper fulfillment of obligations hereunder as well as for possible losses of Users, arising including, inter alia, as a result of:
- illegal actions of third parties aimed at violation of information security or normal functioning of the Website;
- actions of transfer systems, banks, payment systems and for delays associated with their operation;
- failures of the Website caused by errors in the code, computer viruses and other extraneous code fragments in the software of the Website;
- the absence (impossibility of establishing, terminating, etc.) of Internet connections between the User’s server and the Website’s server;
- state and municipal bodies, as well as the organization of activities in the framework of operational search activities;
- performance by the Administration of maintenance works on the Website;
- other cases related to the actions / inaction of third parties aimed at worsening the overall situation using the Internet and/or computer equipment that existed at the time of the conclusion hereof.
5.3. All disputes arising out of legal relationship hereunder shall be resolved through negotiations. If an agreement is not reached, the dispute shall be referred to the court in accordance with the current legislation of the Russian Federation after the mandatory compliance with the complaint procedure. The response time to a claim shall be 30 calendar days from the date of receipt of the claim.
5.4. The User shall be solely liable to the Administration and third parties for its actions and omissions related to the use of the Website and/or individual Services thereof, including any use of information, including if such actions violate the rights and/or legitimate interests of the Administration and/or third parties, as well as for compliance with the law when using the Website and/or individual Services thereof.
5.5. In case of a disputable situation, the User shall bear the burden of proving that the User’s use of the Website and/or individual Services thereof does not violate the law and/or the rights and legitimate interests of the Administration and/or third parties.
6.VIOLATION OF THE TERMS AND CONDITIONS OF THE USER AGREEMENT
6.1. The Website Administration may disclose any information collected about the User of this Website if the disclosure is necessary in connection with an investigation or complaint regarding the unauthorized use of the Website or in order to establish (identify) the User who may violate or interfere with the rights of the Website Administration or the rights of other Users of the Website.
6.2. The Website Administration shall be entitled to disclose any information about the User that it may deem necessary in order to comply with the provisions of the current legislation or court decisions, to ensure the compliance with the terms and conditions of this Agreement, to protect the rights or security of OJSC Hlebprom and the Users.
6.3. The Website Administration may disclose information about the User in cases where such disclosure is required or permitted by the current legislation of the Russian Federation.
6.4. The Website Administration may, without prior notice to the User, terminate and (or) block access to the Website if the User has violated this Agreement or the terms of using the Website contained in other documents, as well as in case of termination of the Website or due to a technical error or problem.
6.5. The Website Administration shall not be liable to the User or third parties for the termination of access to the Website in case of violation by the User of any provision of this Agreement or another document containing the terms of using the Website.
7.1. The Website Administration shall be the copyright holder of its Content, including all intellectual property items with the help of which the Website operates.
7.2. Any use of the intellectual property of the Website without the consent of the Website Administration shall be prohibited and shall entail civil, administrative, as well as criminal liability provided for by the legislation of the Russian Federation.
8.1. This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated hereby shall be settled in accordance with the legislation of the Russian Federation. All possible disputes arising out of the legal relationship governed hereby shall be resolved in the manner prescribed by the current legislation of the Russian Federation, according to the norms of Russian law.
8.2. If for any reason whatsoever, one or several provisions hereof are deemed invalid or unenforceable, this shall not affect the validity or applicability of other provisions hereof.
8.3. Inaction by the Administration in case of a violation of the provisions hereof by a User shall not deprive the Administration of the right to take appropriate actions to protect its interests later, nor shall it mean that the Administration waives its rights in case of subsequent similar violations.
8.4. The Website Administration shall not accept counter offers from Users regarding amendments to this Agreement.
8.5. Feedback from Users posted on the Website shall not be confidential information and can be used by the Website Administration with no restrictions.