This is to certify that the Limited Liability Company “Avinida” (OGRN 5147746453685, INN 7731486237, KPP 773101001), hereinafter referred to as – the “Website Administration”, expresses intend to conclude agreement for Service implementation with any individual person (hereinafter – the “Customer”) subject to conditions of the current public offer (hereinafter – the “Agreement”), posted on www.avinida.ru website.
The website avinida.ru placed on the global Internet at address http:// avinida.ru, allows individual persons in the online mode via the global Internet and various electronic devices ordering Services on creating catalogues, i.e. lists of wishes and/or gifts, which they would like to have or to receive as presents coinciding with milestone events – anniversaries, birthdays, weddings, etc.
For unconditional and complete adoption (acceptance) of the conditions of the current Agreement the Customer should perform one of the following implicative actions (hereinafter – the “Agreement Acceptance”):
· to sign up as a Customer on the Website;
· to select Service;
· to transfer payment in a manner stipulated by the current Agreement.
The current Agreement shall be interpreted as concluded from the moment when the Customer performs the above mentioned actions in accordance with the conditions of the Agreement, and is equated with the document settled in written form. Conclusion of the Agreement deems the Client has familiarized to the extend required with the conditions of the current Agreement and completely and unconditionally consent to them, including in terms of providing agreement to the Website Administration for processing of the personal data of the Customer on the terms expressed in the current Agreement, and in terms of providing agreement to the Website Administration for receiving e-mail, sms and other types of messaging of the informational and advertising content.
1. Terms and Definitions
1.1. According to the tenor of the current Agreement the below mentioned terms are used in the following interpretations:
“Customer” – a person of majority age and legally capable to act, who has the intention to order or acquire, or who is ordering, acquiring or using the Service on the website completely for personal, family, domestic and other needs not related to entrepreneurial activity.
“Services” – services on generating and creating catalogues, lists containing all wishes of the Customer spelled out, ranging from sundries and essentials to global dreams and wishes, implemented on the Website via hyperlinks.
“Website” – www.avinida.ru.
“Order” – a properly drawn up application of the Customer on acquiring the Services posted on the Website. The order deem accomplished only after its full payment.
“Personal account” – personal space of the Customer on the Website aimed for making orders and managing personal data. Registered users of the Website have access to Personal accounts.
2. Scope of Agreement
2.1. The Website Administration implements Services via the Website on the conditions provided for by the current Agreement.
2.2. In accordance with Point 1 Article 157 of the Civil Code of the Russian Federation the current Agreement deem concluded subject to conditions precedent, i.e. is concluded subject to occurrence of a particular instance regarding which it is unknown whether it will take place or not. The mentioned instance is the Agreement Acceptance and accomplishment of Orders by a certain number of Customers within the time limits set for each Service.
2.3. The Website Administration has the right at any point in time to alter the list of Services and /or make some certain services unobtainable. The list of Services being accomplished at the present moment of time is posted on the Website. The Customer is obliged to familiarize with the full description of the Services.
3.1. The Customer expresses consent with the fact that by signing up on the Website he/she confirms being of age and agrees that he/she will comply with the conditions of the current Agreement. In the event of lack of unconditional consent of the Customer to all conditions of the current Agreement the Customer agrees that he/she will immediately stop using the Website and all its consumer services.
3.2. Signing up of the Customer on the Website deem complete from the moment when the Customer receives unique access details – login and password, which are sent to him/her via email after the Customer affixes a signature with his/her own hand on the registration enquiry (using computer mouse) in the field confirming his familiarization and consent with the current Agreement.
3.3. Actions performed on the Website with the use of login and password belonging to the Customer are deem complete by the Customer and legally valid as a basic digital signature.
3.4. The Customer consents to the fact that the information (content) he/she posts on the Website is assessable for other Customers on the Website to the extent that the information was posted on the Website by the Customer.
3.5. The Customer bears responsibility for credibility of the information provided.
3.6. By performing the Order on the Website the Customer assumes liabilities on the Services payments while in its turn the Website Administration assumes liabilities on providing the purchased Service.
3.7. Any user having registered on the Website gives his/her consent for receiving email and sms messaging of advertising and informational content.
3.8. All Customers by way of login and password to the mail service are provided with an opportunity to independently define the list of persons to sent messages on participating in the Service purchased by the Customer. The Customer guarantees consent of the third persons mentioned in the list of contacts for participating in the Service as well as independently bears responsibility, including before third persons for violating legislation on personal information protection.
3.9. All notifications and messages within the framework of the current Agreement should be sent by the Customer in written form to the email address of the Service Desk of the Administration firstname.lastname@example.org.
4. Rights and Liabilities of Parties
4.1. Information provided by the Customer is non-public.
4.2. Rights and liabilities of the Customer:
4.2.1. The Customer agrees that when signing up he/she will provide exact and reliable data requested during registration, specifically email, name/login, telephone. Personal data is stored in the database of the Website Administration and is subject to use solely for purposes, by means of and to the extent provided by the Customer pursuant to Agreement of the Customer for processing of personal data.
4.2.2. The Customer agrees that he/she will provide safety of login (email address) and password from access of third persons and their timely replacement in the event of loss or other unauthorized actions of third persons as well as bears responsibility for any actions of third persons who have seized the referred login and password of the Customer. All actions performed on the Website by using the login and password belonging to the Customer, are deem performed by the Customer.
4.2.3. Without detriment to other terms of the current Agreement the Website Administration bears no direct or indirect liability of any kind for any prejudice or losses of any kind suffered as a result or related to omission to observe requirements of Item 4.2.2 of the current Agreement by the Customer.
4.2.4. The Website is only accessible to Customers for personal non-commercial use. The Customers are prohibited to use the Website for purposes of profit taking, placement of advertisements, implementing fraudulent schemes, pyramid investment schemes and calls for participating in them and other unlawful actions.
4.2.5. Full access to the Website and its services and post of information are only possible for a registered Customer. Therewith the pooled contact data posted by them in their accounts is not “a publicly available source of personal data” with reference to Part 1 Article 8 of the Federal Law from 27.07.2006 No. 152-Federal Law “On personal data” (hereinafter – the Law “On personal data”) and does not require a written consent of the Customers as those data is posted on the Website by the Customer himself/herself.
4.2.6. When using the Website the Customer agrees that he/she does not perform the following actions (below described actions may further be referred to as “prohibited applications”):
- not to create several accounts on the Website if indeed they belong to one and the same person;
- not to transfer his/her account and/or login and password to his/her account for use by third persons;
- not to create on the Website the content that violates any laws, regulatory legal acts, agreements and rights of third persons (including commercial secrets and intellectual property), which is among other things indecent, discreditable, vulgar, containing defamation, threats, sex, bullying other persons, engendering strife, insulting in terms of race and ethnicity, maintaining actions which are penal offence, permit civil responsibility, violate legislation of the Russian Federation, and which is inappropriate for any other reasons within the discretion of the Website Administration;
- not to pretend for another person, or get access to accounts belonging to other persons in an unauthorized manner, or perform illegal actions on the Website;
- not to use the Website for any other purposes except receiving access to the services of the Website by the means that the Website Administration offers receiving access to such services;
- not to disclose the technology, not to reverse engineer, or not to try by any other means to reveal the initial code of the Website or any of its parts with the exception of cases when such actions are explicitly allowed by the applicable legislation regardless of the present limitation, and such actions are only performed to the extent allowed by the legislation;
- not to use scripts (programs) for automated data collection and/or its interoperating with the Website and its services;
- not to spread spam as well as any other obtrusive information explicitly not requested by the Customer;
- not to try getting access to account and/or login and password of another Customer by any means including but not limited to, by false pretences, by violation of trust, by guessing login and password.
4.2.7. In case the Website Administration reveals that the Customer has performed any of the above mentioned actions, it reserves the right to immediately lock access of the Customer to the Website and/or delete the account of the Customer, which does not waive other kinds of responsibility from the latter pursuant to the legislation of the Russian Federation.
4.3. Rights and liabilities of the Website Administration:
4.3.1. The Website Administration has the right to provide access to the Website of the Customer and maintain the Website and its services in working order.
4.3.2. The Website Administration reserves the right to monitor the activity of the Customer within the framework of his/her using the Website and services and in the event of posting delete any type of information, which violates the current Agreement as well as take measures aimed at bringing the Customer to responsibility stipulated by the current Agreement and lying within cognizance of the Website Administration.
4.3.3. The Website Administration has the right to post moderate information of the Customer after posting, within the framework of which:
- in case the Customer posts information on the Website or performs other actions inconsistent with the conditions of the current Agreement, the Website Administration has the right without notice and at its own discretion to delete completely or partially the information posted by the Customer, including the information in respect of which it is problematic to define its consistency with the current Agreement and/or the applicable legislation of the Russian Federation.
- for violation of the conditions of the current Agreement the Website Administration has the right without prior notice to lock access of the Customer to the Website and/or delete the account of the Customer.
4.3.4. Technical support in the form of a written advice is only provided at an official request from the Customer submitted to the service desk on the address email@example.com.
4.3.5. The Website Administration has the right to use “cookies” technology. “Cookies” technology does not contain personal data of the Customers and is not transferred to third persons.
4.3.6. At the Customer’s access to the Website the Website Administration receives information about his/her IP-address. The Website Administration agrees that it will not use this type of information for establishing the Customer’s identity.
4.3.7. The Website Administration bears no responsibility for the information posted by the Customer using the Website in the publicly available form.
5. Process of Placing Order on Website
5.1. The Customer individually places the Order on the Website.
5.2. The cost of the Service is put in rubles on the Website. The Services may be paid for by means of several accessible ways specified on the Website. All expenses on payment are incurred by the Customer.
5.3. The Website Administration agrees that it will provide the Service to the Customer while the Customer agrees that he/she will pay for and accept it pursuant to the conditions of the current Agreement.
5.4. The cost of the Services is specified on www.avinida.ru website.
- Select the way of payment
- Click the “Buy” button
- After automatic forwarding to the protected page of the processing centre type in the data in the offered form
- Click the “Pay” button
- After receiving information about the payment click the “Complete” button, with that witnessing the automatic forwarding to www.avinida.ru website.
5.6. Receipt of bank cards is implemented by the processing centre. All data typed in the payment form of the processing centre, is completely protected pursuant to requirements of the safety standard and is not transferred to the Website platform. The Website Administration only receives information on the payment made by the Customer.
5.7. The Customer has the right to apply to the Website Administration for return of funds transferred through payment systems by mistake. Return of funds transferred to the account of the Website Administration by mistake, is performed upon written application of the Customer attaching copies of passport and cheques/receipts, which confirm remittance of funds. The Website Administration has the right to withhold part of the funds transferred for compensation of costs actually incurred, including payment system and wire fees.
6. Cost of Service
6.1. Cost of the Service equals to 119 (One hundred nineteen) rubles 00 kopecks.
7. Liability of Parties
7.1. The Liability of the Customer.
7.1.1. By acceding to the current Agreement the Consumer is aware of, accepts and consents to the fact that he/she:
- is absolutely personally responsible for the content and congruence with the norms of the Russian legislation of all information posted by him/her on the Website;
- is absolutely personally responsible for congruence with the norms of the Russian legislation of the ways of his/her using the information belonging to other Customers and other information present on the Website (including but not limited to legal standards on intellectual property and on information protection);
- is absolutely responsible for safety of his/her account (login and password) as well as for all actions performed under his/her account;
- uses the Website at his/her peril.
7.1.2. The Customer agrees that he/she will individually and at his/her own charge settle all claims of third persons related to action or omission to act by the Customer when using the Website.
7.1.3. The Customer admits and consents to the fact that the IP-address of the personal ECM (personal identification number of the computer) of the Customer as well as other information available on HTTP protocol, is recorded by the technological tools of the Website Administration and in the event of malfeasance, including actions violating intellectual rights of third persons, the owner of the personal ECM defined by the technological tools of the Website Administration is held liable for the referred unlawful actions.
7.2. The Liability of the Website Administration.
7.2.1. The Website Administration holds no responsibility for any type of behavior of the Customer or third persons who use or view the Website both in online mode and offline.
7.2.3. The Website Administration does not undo the damage, direct or indirect, inflicted on the Customer or third persons as a result of using or not using, including the loss of use of the Website.
7.2.4. The Website Administration does not assume obligations on check, edit and control of information posted by anyone on the Website, holds no responsibility for adequacy of information, its legality, quality and compliance with specific requests and requirements of the Website users.
7.2.5. The Website Administration holds no responsibility for the content of websites not belonging to the Administration, links to which may be present on the Website, and does not guarantee their availability, accuracy of work and compliance with the stated subject matter.
7.2.6. The Website Administration holds no responsibility for any mistakes, omissions, breaks, deletions, defects, delays in processing and transfer of data, communication line failures, theft, destruction or unlawful access to the information of the users posted on the Website or in any other place. The Website Administration is not responsible for any technical failures or any other problems of any telephone systems or services, computer systems, servers or providers, computer or telephone equipment, programming support, electronic mail or script service fails due to technical problems.
7.2.7. The Website Administration holds no responsibility for any damage incurred to the computer of the Customer or any other person, to mobile devices, any other equipment or programming support attributable or related to information downloaded from the Website or following the links posted on the Website.
7.2.8. Under no event the Website Administration holds responsibility before the Customer or before any third persons for any losses, including loss of expected profit or lost data, harm to honor, dignity or business reputation attributable to using the Website, its content or other information, access to which the Customer or other persons have received via the Website, even though the Website Administration has warned or pointed to the probability of such harm.
7.2.9. The Website and its Services may by partially or completely unavailable at a certain moment on account of performing preventive or other maintenance or due to any other reasons of technical nature.
8. Final Provisions
8.1. The Website Administration reserves the right at its election to introduce alterations to the current Agreement and post them on the Website.
8.2. The current Agreement has precedence over other documents posted on the Website.
8.3. In case any of the conditions of the current Agreement is invalid or unfeasible pursuant to the acting legislation, all other conditions continue in force while the invalid or the unfeasible condition will deem substituted with a respective applicable, feasible condition of the acting legislation, which most closely matches the intention of the initial condition.
8.4. The current Agreement takes effect from 1 January 2015.