WEBSITE USER AGREEMENT MY-CRANE.COM
1. General provisions
1.1. ICMS DMCC, a company organized and existing under the laws of the United Arab Emirates, having its registered address at Office 208, Platinum Tower, Dubai, UAE, (hereinafter referred to as the "Organization") offers the Internet user (hereinafter referred to as the User), who is either an individual personally or an individual authorized by one or another legal entity, to use the services of the site my-crane.com (hereinafter referred to as the "Site") on the terms set out in this User Agreement (hereinafter referred to as the" Agreement","PS"). The Agreement comes into force from the moment the User expresses consent to its terms in the manner provided for in clause 1.4 of the Agreement.
2. User Registration. User Account
2.1. In order to use some services of the Organization's Website or some individual functions of the Site's services, the User must complete the registration procedure, as a result of which a unique account will be created for the User.
2.2. For registration, the User undertakes to provide reliable and complete information about himself and/or the legal entity he represents on the issues proposed in the registration form, and to keep this information up to date. If the User provides incorrect information or the Organization has reason to believe that the information provided by the User is incomplete or unreliable, the Organization has the right, at its discretion, to block or delete the User's account and refuse the User to use the services of the Organization's Website (or their individual functions).
When registering, the User can upload an image for the account (avatar). The image of the account may accompany the materials published by the User as part of the use of the services of the Organization's Website. If the User's image is used as an image of the User's account, the User understands and agrees that the Organization has the right to publish and further use the User's image for use in the Organization's services, in advertising products, corporate blogs and the Organization's accounts on third-party resources.
2.3. Account Confirmation
2.3.1. The Organization reserves the right at any time to require the User to confirm the data specified during registration in the User account on the services of the Organization's Website and containing information about the User, as well as other information related to the use of the Organization's services available to the User after authorization using the User's login and password on the services of the Organization's Website.
2.3.2. For the purposes of verifying the data declared by the User, the Organization has the right to request supporting documents (in particular, documents certifying legal capacity/identity), including those provided for by the registration form, the failure of which, at the discretion of the Organization, may be equated to providing false information and entail the consequences provided for in clause 2.2 of the Agreement. If the User's data specified in the documents provided by him does not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow identifying the User, the Organization has the right to deny the User access to the account and use of the Organization's services.
2.5. Means for accessing the User account.
2.5.1. When registering, the User independently chooses a login (a unique symbolic name of the User account) and a password for accessing the account. The organization has the right to prohibit the use of certain usernames, as well as to set requirements for the login and password (length, allowed characters, etc.).
2.5.3. After the User logs in to the account, the account data can be automatically saved in the device browser until the User completes working under his account and does not require additional input of access means to the account each time the Organization's services are used. The User account data automatically saved in the device browser can be used to access the services of the Organization's Website, including services, sites, applications and other software products of the Organization and other persons, except for the cases specified in p. 2.8.2 of this Agreement.
2.6. The User is solely responsible for the security (including resistance to guessing) of the means chosen by him for accessing the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the services of the Organization's Website under the User's account, including cases of voluntary transfer by the User of data for access to the User's account to third parties on any terms (including under contracts or agreements). At the same time, all actions within or using the Organization's services under the User's account are considered to be performed by the User himself, except for cases when the User, in accordance with the procedure provided for in clause 2.7., notified the Organization of unauthorized access to the Organization's services using the User's account and/or of any violation (suspicion of violation) of the confidentiality of their account access means (mobile phone number, password or two-factor authentication means).
2.7. The User is obliged to immediately notify the Organization of any case of unauthorized (not authorized by the User) access to the Organization's services using the User's account and/or of any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently perform a safe shutdown under his account (the "Exit" button) at the end of each session of working with the Organization's services. The Organization is not responsible for the possible loss or damage of data, as well as other consequences of any nature that may occur due to the User's violation of the provisions of this part of the Agreement.
2.8. The User's use of his account.
2.8.1. The User does not have the right to reproduce, repeat and copy, sell and resell, as well as use for any commercial purposes any parts of the Organization's services (including content available to the User through the services), or access to them, except in cases when the User has received such permission from the Organization, or when this is expressly provided for by any service of the Site.
2.9. Termination of registration. The Organization has the right to block or delete the User's account, as well as to prohibit access using any account to certain services of the Organization, and to delete any content without explanation, including in case of violation by the User of the terms of the Agreement or the terms of other documents provided for in clause 1.3. of the Agreement, as well as in case of non-use of the relevant service, in particular:
2.9.1. if the User has not used his account for more than 6 months.
2.10. Deleting a User account.
2.10.1. The User has the right at any time to delete his account on all the services of the Organization or, if there is a corresponding function, to terminate it in relation to some of them.
2.10.2. The account is deleted by the Organization in the following order:
184.108.40.206. the account is automatically blocked for a period of one month, during which the User's access to his account becomes impossible, while the content posted using such an account can be deleted;
220.127.116.11. if the User's account is restored by the User within the above period, access to the User's account will be restored, however, the content (applications, documents, records, comments, etc.) posted using it may not be subject to restoration;
18.104.22.168. if the User's account is not restored within the above period, all content posted using it will be automatically deleted, and the login will be available for use by other users. From this moment, it is impossible to restore the account, any information related to it, as well as access to the Organization's services using this account.
2.10.3. The procedure given in paragraphs 22.214.171.124., 126.96.36.199., 188.8.131.52. of the Agreement (with the exception of the availability of the login for use by other users) is also applicable to the prohibition of access using any account to certain services of the Site.
3. General provisions on use and storage.
3.1. The Organization has the right to set restrictions on the use of the services for all Users, or for certain categories of Users (depending on the User's place of residence, the language in which the service is provided, etc.), including: the presence/absence of certain functions of the Site service, the storage period of documents and messages in the Site service, any other content, the maximum number of documents and messages that can be sent or received by one registered user, the maximum size of a message, document or disk space, the maximum number of requests to the Site service for a specified period of time, the maximum content storage period, special parameters of the uploaded content, etc. An organization can prohibit automatic access to the Site's services, as well as stop accepting any information generated automatically (for example, spam).
3.2. The Organization has the right to send informational messages to its users. Using the Organization's services, the User also agrees to receive advertising messages in accordance with Part 1 of Article 18 of the Federal Law "On Advertising". The user has the right to refuse to receive advertising messages by using the appropriate functionality of the service within which or in connection with which the user received advertising messages.
The User agrees to the Organization to notify other Users of the Service about the User's public actions, including the placement of new publications, actions performed by him in relation to the Content of other Users, as well as other activities performed by him within the Service.
3.3. In order to improve the quality of the Site's services, the Organization and / or persons engaged by it for conducting a survey have the right to collect opinions and feedback from Users on various issues by sending an information message at the next visit of the User to the service or by contacting the contact details specified by the User in the account (by phone calls or emails). The collected opinions and reviews can be used to generate statistical data that can be used in the services of the Organization's Website. The reviews provided by the User during the survey can also be published by the Organization in the services of the Organization's Website, both with the User's name (login) and without it. When leaving feedback, the User undertakes to comply with the requirements of this Agreement, including the requirements set out in clause 5 of this Agreement.
4. User Content
4.1. The User is solely responsible for the compliance of the content posted by the User (including documents, information, data, images, etc.) with the requirements of the current legislation, including liability to third parties in cases when the User posts a particular content (including documents, information, data, images, etc.) or the content of the content violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties, and/or encroaches on the intangible benefits belonging to them.
4.2. The User acknowledges and agrees that the Organization is not obliged to view any kind of content posted and / or distributed by the User through the services of the Organization's Website, as well as that the Organization has the right (but not the obligation) at its sole discretion, refuse to place and/or distribute content to the User or remove any content that is available through the services of the Organization's Website. The User understands and agrees that he must independently assess all risks associated with the use of the content, including evaluating the reliability, completeness or usefulness of this content.
4.3. The User is aware and agrees that the technology of the Site services may require copying (reproduction) of the User's content by the Organization, as well as processing it by the Organization to meet the technical requirements of a particular service.
5.1. The User is solely responsible to third parties for his actions related to the use of the Website Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Website Service.
5.2. When using the Organization's services, the User does not have the right to:
5.2.1. upload, send, transmit or in any other way post and/or distribute content that is illegal, malicious, defamatory, offends morality, demonstrates (or is propaganda) of violence and cruelty, violates intellectual property rights, promotes hatred and / or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains insults against any persons or organizations, contains elements (or is propaganda) of pornography, eroticism, it is an advertisement (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
5.2.2. violate the rights of third parties, including minors, and / or cause them harm in any form;
5.2.3. impersonate another person or a representative of an organization and / or community without sufficient rights, including employees of the Organization, moderators of forums, the owner of the Site, as well as use any other forms and methods of illegal representation of other persons on the network, as well as mislead users or the Organization about the properties and characteristics of any subjects or objects;
5.2.4. upload, send, transmit or in any other way post and/or distribute content, in the absence of rights to such actions under the law or any contractual relationship;
5.2.5. upload, send, transmit or in any other way post and / or distribute advertising information, spam, lists of other people's email addresses, pyramid schemes, multi-level (network) marketing (MLM), Internet earnings systems and e-mail businesses, "letters of happiness" , as well as use the services of the Organization's Website to participate in these events, or use the services of the Organization's Website exclusively to redirect users to pages of other domains;
5.2.6. upload, send, transmit or in any other way post and / or distribute any materials containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers to commercial software products and programs for generating them, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information;
5.2.7. unauthorized collection and storage of personal data of other persons;
5.2.8. disrupt the normal operation of the websites and services of the Organization's Website;
5.2.9. promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
5.2.10. otherwise violate the norms of legislation, including the norms of international law.
6. Exclusive rights to the content of the Organization's Website services and content
6.1. All objects accessible through the services of the Organization's Website, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of the services), as well as any content posted on the services of the Organization, are objects of the exclusive rights of the Organization, Users and other copyright holders.
The User's use of elements of the content of the services, as well as any content for personal non-commercial use, is allowed provided that all copyright, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author/name of the copyright holder is preserved unchanged, and the corresponding object is preserved unchanged. The exception is the cases directly provided for by the legislation of the United Arab Emirates or the user agreements of a particular service of the Organization's Website.
7. Third-party websites and content
7.1. The services of the Organization's Website may contain links to other sites on the Internet (third-party sites). These third parties and their content are not checked by the Organization for compliance with certain requirements (reliability, completeness, legality, etc.). The Organization is not responsible for any information, materials posted on third-party sites that the User accesses using the Site's services, including for any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
7.2. A link (in any form) to any website, product, service, any information of a commercial or non-commercial nature posted on the Website does not constitute an endorsement or recommendation of these products (services, activities) on the part of the Organization, except in cases where this is directly indicated on the resources of the Organization.
8. Advertising on the services of the Organization's Website
8.1. The Organization is responsible for advertising placed by it on the services of the Organization's Website, within the limits established by the legislation of the United Arab Emirates.
8.2. The User agrees to receive information about events, conferences, trainings and other information from the Organization to the email address specified during registration.
9. No warranty, limitation of liability
9.1. The User uses the services of the Organization's Website at his own risk. The services are provided "as is". The Organization does not assume any responsibility, including for the compliance of the Site's Services with the User's goals;
9.2. The Organization does not guarantee that: the Site services meet / will meet the User's requirements; the services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the services will be accurate and reliable and can be used for any purpose or in any quality(for example, to establish and / or confirm any facts); the quality of any product, service, information, etc. obtained using the Site services will meet the User's expectations;
9.3. Any information and/or materials (including downloadable software, letters, any instructions and guides to action, etc.) that the User gets access to using the services of the Organization's Website, the User can use at his own risk and is solely responsible for the possible consequences of using the specified information and/or materials, including for damage that this may cause to the User's computer or third parties, for data loss or any other harm;
9.4. The Organization is not responsible for any types of losses that occurred as a result of the User's use of the services of the Organization's Website or individual parts/functions of the services of the Organization's Website;
10. Other provisions
10.1. This Agreement is an agreement between the User and the Organization regarding the procedure for using the services of the Organization's Website and replaces all previous agreements between the User and the Organization.
10.2. This Agreement is governed by and interpreted in accordance with the laws of the United Arab Emirates. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the United Arab Emirates. All possible disputes arising from the relations regulated by this Agreement are resolved in accordance with the procedure established by the current legislation of the United Arab Emirates according to the norms of United Arab Emirates law. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" means the legislation of the United Arab Emirates.
10.3. With respect to services provided under this Agreement free of charge, the rules on consumer protection provided for by the legislation of the United Arab Emirates cannot be applicable to the relations between the User and the Organization.
10.4. If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
10.5. Inaction on the part of the Organization in case of violation by the User or other users of the provisions of the Agreements does not deprive the Organization of the right to take appropriate actions to protect its interests later, and also does not mean that the Organization renounces its rights in the event of similar or similar violations in the future.
10.6. This Agreement is written in United Arab Emirates and in some cases may be provided to the User for review in another language. In the event of a discrepancy between the United Arab Emirates version of the Agreement and the version of the Agreement in another language, the provisions of the United Arab Emirates version of this Agreement shall apply.
1. DEFINITION OF TERMS
1.1.1. "Site Administration (hereinafter referred to as the Site Administration)" – authorized employees of the site management, acting on behalf of the Site owners, who organize and (or) process personal data, as well as determine the purposes of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data.
1.1.2. "Personal data" means any information related directly or indirectly to a specific or identifiable individual (the subject of personal data).
1.2.3. "Personal data processing" means any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction ofpersonal data.
1.1.4. "Confidentiality of personal data" is a mandatory requirement for the Operator or other person who has access to personal data to prevent their dissemination without the consent of the personal data subject or the presence of other legal grounds.
1.1.5. "Site User (hereinafter referred to as the User)" – a person who has access to the Site via the Internet, including an individual personally, or an individual authorized by a particular legal entity.
1.1.6. "Cookies" — a small piece of data sent by the web server and stored on the user's computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open the page of the corresponding Site.
1.1.7. “IP address” is a unique IP address of the source host in a computer network built using the IP protocol.
2. GENERAL PROVISIONS
2.4. The Site Administration does not verify the accuracy of personal data provided by the Site User.
3.2.2. Contact phone number of the User;
3.2.3. Email address (email);
3.2.4. Passport data;
3.2.5. Residential address;
3.3. The Site protects the Data that is automatically transmitted while viewing ad units and when visiting pages on which the system's statistical script ("pixel") is installed:
• IP address;
• Information from cookies;
• Information about the browser (or other program that provides access to the display of ads);
• Access time;
• The address of the page on which the ad unit is located;
• Referrer (the address of the previous page).
3.3.1. Disabling cookies may result in the inability to access parts or Services of the Website that requires authorization.
3.3.2. The Website collects statistics about the IP addresses of its visitors. This information is used to identify and solve technical problems, to control the legitimacy of financial payments.
4. PURPOSE OF COLLECTING USER'S PERSONAL INFORMATION
4.1. The Site Administration is entitled to use the User's Personal data for the following purposes:
4.1.1. Identification of the User registered on the Website for ordering and (or) concluding any civil law contract not prohibited by the legislation of the Russian Federation, including Work Agreement, Service Agreement, Agency Agreement, Sale and Purchase Agreement, Supply Agreement, Sale and Purchase Agreement for goods or services remotely through the use of the Site, etc.
4.1.2. Providing the User with access to personalized resources or Services of the Website.
4.1.3. Establishing feedback with the User, including sending notifications, requests regarding the use of the Website (Website Services), the provision of services, processing requests and applications from the User.
4.1.4 Determining the location of the User to ensure security, prevent fraud.
4.1.5 Confirmation of the accuracy and completeness of personal data provided by the User.
4.1.6 Creating an account for transactions, purchases, or services, if the User has agreed to create an account.
4.1.7 Notifying the User of the Website about the status of orders, applications, transactions, etc.
4.1.8 Processing and receiving payments, confirming tax or tax benefits, contesting a payment, determining the right to receive a credit line by the User.
4.1.9 Providing the User with effective customer and technical support in case of problems associated with the use of the Website (Site Services).
4.1.10 Providing the User with his consent, product updates, special offers, pricing information, newsletters and other information on behalf of the Site or on behalf of the partners of the Site.
4.1.11 Implementation of advertising activities with the consent of the User.
4.1.12 Providing the User with access to the websites or services of the Website's partners in order to obtain products, updates and services.
4.1.13 Development of new services of the Website or new types of goods, works, services that can be purchased on the Website / using the Website.
5. METHODS AND TERMS OF PROCESSING PERSONAL INFORMATION
5.1. The processing of the User's personal data is carried out without time limit, in any legal way, including in personal data information systems using automation tools or without using such tools.
5.2. The User agrees that the Site Administration has the right to transfer personal data to third parties, in particular, courier services, postal organizations, telecommunication operators, solely for the purpose of making or executing the User's transactions using the Site Services.
5.3. The User's personal data may be transferred to the authorized state authorities of the Russian Federation only on the grounds and in the manner established by the legislation of the Russian Federation.
5.4. In case of loss or disclosure of personal data, the Site Administration informs the User about the loss or disclosure of personal data.
5.5. The Site Administration takes the necessary organizational and technical measures to protect the User's personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
5.6. The Site Administration, together with the User, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User's personal data.
6. OBLIGATIONS OF THE PARTIES
6.1. The User is obliged to:
6.1.1. Provide information about personal data necessary for using the Website.
6.1.2. Update, supplement the provided information about personal data in case of changing of this information.
6.2. The Site Administration is obliged to:
6.2.3. Take precautions to protect the confidentiality of the User's personal data in accordance with the procedure usually used to protect this kind of information in existing business transactions. The Site Administration stores data and ensures their protection from unauthorized access and distribution in accordance with internal rules and regulations. Confidentiality is maintained with respect to the data received, except when they are made public by the User, as well as when the technologies and software of third parties used on the Site or the settings of the software used by the User provide for an open exchange with these persons and / or other participants and users of the Internet .
6.2.4. Block personal data relating to the relevant User from the moment the User, or his legal representative or authorized body for the protection of the rights of personal data subjects, is contacted or requested for the period of verification, in case of revealing inaccurate personal data or illegal actions.
6.2.5. The Site Administration complied with the requirements for the confidentiality of personal data established by Art. 7 of the Federal Law "On Personal Data", as well as the measures provided for in Part 2 of Art. 18.1, part 1 of Art. 19 of the Federal Law "On Personal Data".
7. RESPONSIBILITIES OF THE PARTIES
7.2. In case of loss or disclosure of Confidential Information, the Site Administration is not responsible if this confidential information:
7.2.1. Became public property before its loss or disclosure.
7.2.2. It was received from a third party until it was received by the Site Administration.
7.2.3. It was disclosed with the consent of the User.
8. DISPUTES RESOLUTION
8.1. Before appealing to the court with disputes arising from the relationship between the Site User and the Site Administration, it is mandatory to file a claim (a written proposal for a voluntary settlement of the dispute).
8.2. The recipient of the claim, within 30 calendar days from the date of receipt of the claim, notifies the claimant in writing of the results of the consideration of the claim.
8.3. If an agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Russian Federation.
9. ADDITIONAL TERMS