This User Agreement constituting a public offer pursuant to Article 435 and clause 2 of Article 437 of the Russian Federation Civil Code (the “Agreement”) shall be entered into between OOO Profi.Travel, on the one part, and the User, on the other part, for providing access to web-sites hosted in profi.travel domain zone (the “Web-site”) to the User.
OOO Profi.Travel shall provide services under this User Agreement which, Security Policy, shall govern your relations with profi.travel web-site. If you are going or continue to use our web-site and/or any other services provided by us, you automatically agree to accept the terms and conditions of our User Agreement.
This Agreement shall come into force from the activation of a hyperlink by the User which completes the registration procedure and allows the User to proceed with enjoying the Web-site services. The User shall confirm the receipt of this offer by consenting to its terms and conditions while undergoing the registration procedure in profi.travel web-site and it shall have no expiration date.
If you disagree with the terms and conditions of this User Agreement, do not use our web-site and/or any other services provided by us.
- Terms and Definitions
Web-site means the totality of integrated software, hardware, and technical means, and information intended for publication in the Internet and depicted in a certain text, graphical or sound form, and hosted in profi.travel domain zone.
Service(s) means the totality of technical and technological functionalities of the Web-site provided by the Administrator to the User after the Acceptance of this Agreement.
“Web Page” (HTML-page) means a page of the Web-Site; the totality of informational materials soft- and hardware integrated, including texts and graphics, intended for the publication of data in the Internet as a part of the Web-Site.
Web-site Administration means authorized persons who establish a procedure for using the Web-site, manage the Web-site operation, and control the performance of this Agreement by Users.
Rules means the terms and conditions for using the Web-site set forth herein.
Acceptance means the acceptance of each and all terms and conditions hereof by the User through undergoing a procedure of Registration in the Web-site, whereafter this Agreement becomes a contract in written form in terms of its legal status.
Visitor means an Internet user who is not registered in the Web-site and has access only to those information resources of the Web-site which are freely available therein.
User means a legally capable full-aged individual who voluntarily underwent registration in the Web-site and is one of the parties hereto.
Registration means a procedure where the User provides reliable information of oneself as per the form approved by the Web-site Administration, and a Password. The registration shall only be deemed completed, when the User has successfully undergone all its stages,including activation effected by following a unique link to be sent to email specified by the User. It is when that link is activated by the User that this Agreement is entered into between the User and the Administrator, i.e. the full and unreserved consent of the Parties to the terms and conditions hereof.
Personal data means information pointing out personally to the User and provided by him/her during the procedure of Registration in the Web-site, other information which may be reasonably referred to such information, including, but not limited to: last name, first name, father’s name, email, position and name of the entity wherein the User is employed, and any other information specified by the User during the Registration in the Web-site. Specification of such data shall be a requirement for accepting the Offer. The data shall be stored in the data base of the Administrator and subject to utilization only in accordance with this Agreement and the applicable Russian Law.
Password means an alphanumerical code specified by the User during the Registration and kept confidential by both parties hereto, and used together with a Login for User’s gaining access to the Web-site Services.
The login and password entered by the User shall be deemed by the Parties as an analogue to a handwritten signature of the User.
Account means the totality of data of the User, including the information provided by the User and internal information of the Web-site relating to the User.
Personal page (account) means a web-page (“profile”) made using software capabilities of the Web-site as a result of receipt of an Account by the User, and containing Personal data of the User.
Authorization means a process of analysis carried out by the Web-site software part of the Authentification data entered by the User following the results whereof the User’s right of access to internal pages of the Web-site and Personal page of the User is ascertained.
Authentification data means a unique identifier (login – email) and password of the User which are used for accessing the internal pages of the Web-site and Personal page of the User.
Unauthorized access means an access to the Personal page by a person who has not undergone any Registration or Authorization, or gaining access to a Personal page by a person who has wrongfully taken possession of the data sufficient to undergo the Authorization procedure.
Moderation means checking up of the content posted by users in the web-site by employees of a specially designated service of the Web-site Administration (moderators) for the conformity of such content to these agreements and applicable restrictions.
Spam means a telematic electronic message intended for an indefinite range of persons, delivered to a subscriber and/or user without their prior consent and disallowing to identify the sender of that message, including due to indication of nonexistent or forged address of the sender in such message.
- The Agreement has been developed by the Web-site Administration and constitutes a public offer pursuant to Article 437 of the Russian Federation Civil Code;it lays down the rules and terms for the provision and use of the Web-site, Web-site
Services, and information posted on the Web-site, as well as the rights, duties, and mutual liability of the Parties to the Agreement (Web-site Administration and User).
- The Agreement is a legally binding contract between the User and the Web-site Administration, the subject-matter whereof is the provision of services on using the Web-site and its service functionalities by the Web-site Administration to the User.
- The User shall be bound to fully read these Rules before registering in the Web- site. User’s registration in the Web-site means the full and unconditional acceptance of these Rules by the User pursuant to Article 438 of the Russian Federation Civil Code.
- The User shall acknowledge that the Web-site and Services are integrated results of intellectual (creative) activity, and accept the Service “as is”. The User may stop using the Web-site and Service at any time at one’s own discretion.
- The Administrator may refrain from providing any functionalities of the Service to non-registered visitors of the Web-site.
- Registration in the Web-site is available for a full-aged User, i.e. a User of at least 18 years old or any other age wheresince a person is deemed a full-aged and entitled to perform those acts which are available for Users and Visitors in the Web-site pursuant to the applicable law.
- By registering in the Web-site, the User confirms that one has the required legal capacity and powers to accept this Agreement, is capable of performing the conditions of the Agreement, and be liable for the beach thereof, including on legal relations which arose due to using the Web-site.
- Should the User disagree with any terms or conditions of the Agreement, one shall immediately cease using the Web-site.
- The Administration may at any time delete any data and/or Accounts in the event of User’s or Visitor’s violation of the rules hereof.
- The Agreement has been developed by the Web-site Administration and constitutes a public offer pursuant to Article 437 of the Russian Federation Civil Code;it lays down the rules and terms for the provision and use of the Web-site, Web-site
- Term of the Agreement
- This User Agreement is an agreement between the User and Web-site Administration with respect to the procedures of using the Web-site and its services, and shall supersede any previous agreements between the User and the Administration.
- The Agreement shall come into force with respect to the User from the Registration of the User in the Web-site, and where a Visitor is using the Web-site – from the beginning of such use, and it shall remain in effect for the entire period of using the Web-site. The Parties have agreed that the terms and conditions of this Agreement shall also apply to the relations which arose before the entry into hereof, pursuant to Article 425 of the Russian Federation Civil Code.
- This Agreement shall be governed and construed pursuant to the Russian Law. The matters not regulated herein shall be resolved pursuant to the Russian Law.
- The Agreement shall come into force for the User from one’s accession thereto and remain valid for an indefinite term.
- If due to any reason, one or few provisions hereof are held invalid or unenforceable, this shall not impact the validity or applicability of any other provisions.
- This Agreement shall never be construed as an agreement of agency, partnership, joint operation, personal employment or any other relations between the User and Administrator which are not expressly specified herein.
- Rights and Obligations of the Web-site Administration
- The Web-site Administration shall:
- Comply with the provisions, terms and conditions, and rules hereof and the Russian Law;
- Take steps aimed at preclusion of trespasses and breach of the provisions, terms and conditions, and rules hereof, provided that a non-anonymous, reliable message supported by evidence from the parties concerned or liable parties – law enforcement or other state authorities, organizations, or other users – is available.
- The Administration may:
- At their own discretion, create, alter, or delete information and materials posted in the Web-site, make changes to the structure or functionality of the Web-site, and optimize its operation.
- At their own discretion, restrict the access to any information posted on the Web-site;
- Temporarily restrict the access to or delete any materials from the Web-site at their own discretion with a prior warning to be posted, or in the event of unforeseen circumstances or availability of obsolete data and information – without giving any reasons.
- Deny registration of an account to the User, whose account was deleted earlier due to the breach of the Agreement.
- Send electronic messages (mailout) regarding the most important events within the Web-site to the emails of Web-site users specified in their profile.
- Request from the User to perform the provisions, terms and conditions, and rules hereof in good faith.
- Should the User breach the provisions, terms and conditions, and rules hereof, the Administration may respond thereto in a way and within the limits provided for in this Agreement and the applicable Russian Law.
- Unilaterally and without any approval of or prior notice to the User apply measures with respect to the User, as provided for in this Agreement and the applicable Russian Law, including the prohibition of the use of certain logins for the reasons envisaged by the applicable law, good business practices, and standards of integrity, ethics and morals.
- Monitor and save information of IP-addresses of User’s access to the Web-site, use technical information files (cookies) located on a local terminal of the User and/or Visitor of the Web-site.
- Set restrictions on using the Web-site and Services without giving any reasons.
- Access a User’s personal page, provided that the information contained in such page is kept confidential, in order to arrange functioning and technical support of the Web-site, and to perform this Agreement.
- Delete a User’s Account in the event of breach of the terms and conditions hereof by the User.
- Close, suspend the functioning of, or alter the Web-site or a part thereof without any prior notice to the User.
- Suspend User’s access to the Web-site for carrying out any scheduled preventive maintenance and repair works on technical resources.
- The Web-site Administration shall:
- Rights and obligations of Users
- The User may:
- Use the Web-site and Services within the limits provided by the Web-site Administration in compliance with the provisions, terms and conditions, and rules hereof, and refraining from any violation of the Russian Law;
- Inform the Web-site Administration of a breach of provisions, terms and conditions, or rules hereof and the applicable Russian Law with respect to other users by a Web-site user and/or third parties.
- The User shall be liable for a breach of this Agreement pursuant to the Russian Law.
- In accordance with the Russian Law, the User shall be liable and bear all expenses (including indemnification against any losses, damage, fines, legal or any other expenses and costs) in the event of claims from third parties, including, but not limited to, the claims relating to the protection of intellectual property rights of the third parties or for any obligations which accrued with the Web-site in connection with the claims of third parties relating to or caused by a breach of the terms and conditions hereof by the User. The User undertakes to make all required and possible steps aimed at withdrawal of the Web-site from the defendants.
- The User shall be fully liable for any acts performed using one’s account and for any consequences which could have been entailed or were entailed by such use thereof.
- The User shall be liable for keeping a password/login beyond the reach of third parties and a timely change thereof in the event of loss or any other need.
- The User may receive information, news or promotional mailouts from the Administration, including to one’s email specified at registration, and to unsubscribe from such mailouts by following a special link or directly applying to the Web-site Administration.
- The User shall:
- Comply with the Russian Law, terms and conditions hereof, and other special internal documents issued by the Web-site Administration when using the Web-site.
- Inform the Web-site Administration of a breach of terms and conditions, and rules of this User Agreement and applicable Russian Law by third parties with respect to oneself.
- Inform the Web-site Administration of an unauthorized access to a personal page and/or unauthorized access and/or use of a User’s login and password;
- Take all steps for preserving the confidentiality of personal data of another User (address, phone number, email, passport details, etc.), except when another User consented to the provision of such information to third parties.
- Change one’s profile in the Web-site in the event of data alteration; otherwise the Administrator shall not be liable for a damage caused to the User in connection with using invalid data in the Web-site.
- Ensure the reliability of the information to be provided at registration in the Web-site.
- Make no attempts to gain access to others’ logins or passwords by password mining, hack or any other actions.
- Not use any links to Web-site pages or the Web-site itself in spam mailouts (bulk mail-out of advertisement without consent thereto of an addressee).
- Act only under one’s own login using one’s own password and account.
- Perform obligations imposed by this User Agreement and requirements expressed in personal indications of and in warnings sent by the Web-site Administration to the User.
- Perform other duties provided for in this Agreement and prescribed by the applicable Russian Law, good business practices, requirements of reasonability, integrity and fairness, standards of ethics and morals.
- The User may be provided with other rights and charged with other duties directly or indirectly ensuing from the subject-matter hereof, provided that they don’t contradict to the provisions, terms and conditions, and rules hereof, and the applicable Russian Law.
- The User may not:
- Infringe any intellectual rights of the Web-site Administrator.
- Create accounts using automated tools.
- Collect personal data of other Users, in order to process it later.
- Register a user account on behalf of some other person (fake account).
- Attempt to gain access to another person’s account, including by hack.
- Use any automatic or automated tools for collecting information posted in the Web-site.
- Perform acts aimed at disruption of Web-site functioning, attempt unauthorized access to the control of the Web-site or its closed sections, and such sections the access whereto is only authorized for the Administration, or to perform any other acts which may be deemed as a network attack.
- Send spam by email, instant messaging or any other unsolicited communication of any kind via the Internet for promoting a web-site or one’s own account.
- Provide access to other Users or third parties to one’s own personal page or certain information contained therein, where it may result in violation of the Russian Law, this Agreement, special internal documents of the Administrator, rights and interests of other users or third parties.
- Post unreliable information disgracing the honor, dignity or business reputation of a third party.
- The User may:
- Liability of the parties
- The Administration shall not control or shall not be bound to take any steps with respect to control of the way and security provision, how the Users use the Web-site or with the help whereof they use the Web-site services; of what impact the Content posted in the Web-site may have on Web-site Users or Visitors; how the Web-site Users or Visitors may construe the information posted in the Web-site; they shall not control the actions taken by the Web-site Users or Visitors after they have become acquainted with the information posted in the Web-site.
- The User shall agree that the restriction or termination of access to the Web-site and deletion of all registration or other data of the User may occur at any time without explanations or notices, and with no Administrator’s liability for a possible damage caused by those actions to the Users.
- The User shall agree that one will indemnify the Web-site Administration against any losses incurred by them in connection with the User’s enjoying the Service, breaching this Agreement, or infringing third party rights (including intellectual, information rights, etc.).
- The User shall acknowledge and agree that an IP-address of a User’s personal computer and other information available on HTTP shall be fixed by technical means of the Web-site Administration, and in the event of illegal actions, including the ones infringing intellectual rights of third parties, the owner of such PC identified by the technical means of the Web-site Administration shall be held liable for those illegal actions.
- The Web-site may contain links to other web-sites in the Internet (third partysites). If the User decided to proceed from the Web-site to third party sites or to use or install third party software, one shall do that at one’s sole risk. From the time of User’s crossover to a third party site, this Agreement shall not apply to the User.
- The User shall understand and agree that all or any services of the Web-site may be accompanied with advertisement. When using the Web-site, the User shall acknowledge the entitlement of the Administration to place such advertisement without a prior notice or any compensation to users. The nature of placement and quantity of the advertisement shown in the Web-site in general shall be determined or changed at the discretion of the Administration.
- Correspondence and business relations of the Users with advertising providers or participation in promotional events carried out by the advertising providers using the Web-site shall engender rights and obligations solely between the User and the advertising provider.
- When starting to use the Web-site, the User understands that technical errors or failures may occur in the operation thereof, and the User also acknowledges that the Web-site Administration is not financially liable for any effects of the Web-site and Service operation, for the operating capacity of technical means of the User when using them, for fitting of the Web-site and Service for the User’s objectives.
- The User shall acknowledge that the Web-site Administration, although it provides the operation of the Web-site and Service, nevertheless, is not liable for its uninterrupted operation, possible loss of materials, or any other inconveniences or losses which may occur at using the Web-site.
- The Web-site Administration shall not be liable for non-performance or improper performance of their obligations due to a failure in operation of telecommunication or power networks, effect of malicious software or unscrupulous acts of third parties aimed at unauthorized access and/or disablement of a software and/or hardware complex of the Web-site Administration.
- The Service shall be provided to the User “as is”. It means that the Web-site Administration shall not:
— guarantee the errorless operation of the Service;
— be liable for its uninterrupted operation, its compatibility with software and technical means of the User or other persons;
— be liable for non-performance or improper performance of their obligations due to a failure in telecommunication or power networks, effect of malicious software or unscrupulous acts of third parties aimed at unauthorized access and/or disablement of a software and/or hardware complex of the Web-site Administration.
- The Web-site Administration shall never be liable to the User or third parties for any indirect, accidental, or unintentional damage, including loss of profit or loss of information. The Web-site Administration shall not be liable for non-pecuniary damages, damage to honor and dignity or business reputation caused in connection with using the web-site, content thereof or other materials whereto the Users/Visitors gained access via the web-site.
- The Web-site content shall only be of informational nature. The Web-site Administration shall not be liable for inaccuracy of data or possible losses which may result from using the information from the Web-site.
- In any case, the Web-site Administration shall not be a User’s representative or agent. User’s acts shall be considered as acts of a particular person acting in one’s own interest.
- Intellectual property and rights
- Using of the Web-site does not mean the provision of the User with the exclusive rights to a brand name, trademarks or distinguishing features, domain name, or other distinguishing features of the Web-site owned by the Administrator.
- The right to use the brand name, trademarks or distinguishing features, domain name, or other distinguishing features of the Web-site may only be provided to the User under an agreement in writing with the Administrator.
- The Service, its elements and separate components (including, but not limited to: computer software, data bases, codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphic or other materials) shall be intellectual property items protected in accordance with the national and international laws, and any use of them shall only be allowed with permission of a right holder.
- Illegal use of the intellectual property items shall entail civil, administrative or criminal liability.
- The User may not distribute, modify, reformat or otherwise rework, or reproduce (replication or other copying) such components of the Service as computer software, data bases, codes, underlying know-how, algorithms, design elements, fonts, logos. It shall be prohibited to use those components of the Services as parts of other web-sites, software products, search systems, other works and items of allied rights, to copy or otherwise use them, in order to obtain a financial benefit.
- The Web-site content may not be copied, reproduced, reworked, distributed, shown in a frame, published, downloaded, transmitted, sold or otherwise used, in whole or in part, without prior permission of a right holder, except when the right holder has expressly consented to a free use of the Web-site content by any person.
- Liability of the parties
- The Administrator undertakes to provide confidentiality and preservation of personal data of the User from third parties except when such disclosure has occurred for the reasons beyond the Administrator’s control, and except for the events envisaged by the applicable Russian Law.
- By accepting the terms and conditions hereof, the User shall provide one’s consent to the Administrator’s access to the information of the User posted in the Web-site for the purpose of accounting and storage of that information in the Web- site, and to the data of the User obtained via authorization through social media (VKontakte, Facebook, Odnoklassniki).
- By acceding to this Agreement, the User understands, accepts, and agrees that one shall be fully liable for the preservation of one’s account (login and password) and for all acts performed under one’s account. If a password for accessing the User account was lost by the User or became known to other persons apart from the User, the later shall immediately change one’s password for accessing the services of the Web-site.
- A visitor undertakes to specify at Registration only full and reliable information of oneself or the company which he/she represents.
- At authorization, the User shall confirm the actuality, completeness, and validity of the Personal data.
- The User or Visitor shall provide one’s consent storage of one’s Personal data by the Administration and improving the quality of operation and services of one’s consent to viewing the Personal data generally other Users.
- Should the User withdraw one’s consent to the collection, processing, and storage of one’s Personal data, one shall undertake to immediately stop using the Web-site.
- The Administration shall not be liable for disclosure by the User of one’s Personal data or personal information.
- The Administration shall provide storage of Personal data. The storage shall have no expiration date, and the data shall be deleted by the Administration without any prior notice to the User, where such data is deleted for any reason.
- Dispute Settlement
- In the event of any disputes or disagreements relating to the performance hereof, the User and the Web-site Administration will make all efforts for resolution thereof on the basis of provisions hereof by conducting negotiations between themselves. If such disputes or disagreements are not resolved through negotiations, they shall be subject to resolution pursuant to the applicable Russian Law.
- The User and the Administration agree that all possible disputes in connection with this Agreement shall be resolved by the parties in accordance with the Russian law and considered at the location of the Administrator.
- Personal Data
- The Administrator shall process and store personal data in accordance with the company policies of personal data processing.
- The User may revoke one’s consent to personal data processing at any time by giving the relevant notice to the Administrator to the address specified herein, by registered mail with acknowledgement of receipt or by emailing to email@example.com. However, the User shall agree that the Administrator reserves the right to process personal data of the User in the events envisaged by the Russian Law.
- The User shall consent to receiving newsletters or promotional materials from the Administrator or any other persons on instruction of the Administrator to the email and contact phone number specified by the User at registration in the Web-site.
- The consent to receiving newsletters or promotional materials may be revoked by the User at any time by giving the relevant notice to the Administrator to the address specified herein, by registered mail with acknowledgement of receipt or by emailing to firstname.lastname@example.org. After the receipt of such notice, the Administrator shall cease sending the promotional messages to the email specified by the User at registration.
- The User shall agree to the provision of personal data or other data of the User by the Administration to third parties, so that they perform the obligations whose beneficiary is the User, including, but not limited to: Holding of webinars, exhibitions, workshops, academies, tests, quizzes, contests, polls, web-casts, videoconferences or other events, wherein the User wishes to take part (and whereto the User has registered in the Web-site).
- The Administration undertakes to refrain from disclosure of the information received from the User. The provision of personal data of the User and the relevant information by the Administration to third parties acting under an agreement with the Administration for the performance of the obligations to the User in accordance with clause 11.9 hereof shall not be deemed a violation.
- Disclosure of information pursuant to the applicable law shall not be deemed a breach of obligations.
- The Administration shall not be liable for the information provided in a generally accessible form by the User in the Web-site.
- Personal data of the User shall be processed starting from the registration of the User and till the deletion of one’s account. The User may supplement, alter, or delete one’s data from the Service or temporarily suspend the data processing, or obtain information of objectives and ways of data processing. To that end one needs to email a request to email@example.com. Deletion of an account shall automatically result in deletion of the User’s account.
- Completion by the User of the procedure of Registration in the Web-site shall work as a conscious consent of the User to the processing of one’s Personal data in accordance with this Agreement.
- The Personal data of the user shall be processed pursuant to Directive 95/46/ЕС of the European Parliament and the EC Council dated 24.10.95 “On the protection of individuals with regard to the processing of personal data and on the free movement of such data” after the provision of data by the User to firstname.lastname@example.org or after the User’s consent given by making a mark opposite the relevant field in the registration form or in any other forms in the web-site intended for collecting some data. The data may be used for the designated purposes only. The Administrator of the personal data is OOO Profi.Travel (LLC).
- Amendments to and termination of this Agreement
- The Web-site Administration shall reserve the right to amend and/or supplement the terms and conditions hereof at any time. However, the User shall assume the obligation to get acquainted with the updates in the terms and conditions in a timely and regular manner, particularly, at notification of such amendments by internal mailout in the Web-site.
- At Authorization in the Web-site, the User shall confirm one’s consent to the rules, established in the most recent version of the Agreement. This Agreement shall be an open and generally accessible document.
- The applicable version of the Agreement is posted in the Internet at profi.travel. The Web-site Administration shall recommend to the Users to check up the terms and conditions hereof in terms of amendments and/or supplements on a regular basis. Continuation of using the Web-site by the User after the amendments and/or supplements made hereto means the User’s acceptance of and consent to such amendments and/or supplements.
- The Administrator shall reserve the right to change the terms and conditions of the Agreement unilaterally and without prior notice to the User by posting the final version of the Agreement at profi.travel 10 (ten) days before the amendments’ coming into force. The provisions of a new version of the User Agreement shall become binding for all Web-site users who registered earlier.
OOO Profi.Travel (LLC)
Registered Address: office 9.2, 9th floor, 1a, Borisa Yeltsina St,. Ekaterinburg, 620014, Russia
Actual Address: office 9.2, 9th floor, 1a, Borisa Yeltsina St,. Ekaterinburg, 620014, Russia