EXPORT.BY User Agreement
1. KEY TERMS USED IN THE PRESENT AGREEMENT
1.1 terms and descriptions used in the present agreement, in case when their alternative meaning is not preset by the context, have the following meaning.
The informational export support portal EXPORT.BY is a set of program and technical means, with the help of which the Enterprise provides informational services to the Customers.
Customer – any enterprise (individual entrepreneur).that acceded to the present agreement and gained an access to the informational services of the EXPORT.BY portal.
Administration – staff of the Enterprise operating the EXPORT.BY portal.
Visitor – and enterprise (individual entrepreneur) obtaining information at EXPORT.BY.
Message – information transmitted via EXPORT.BY to other Customers or the Administration.
Enterprise – the Informational National Unitary Enterprise “National Centre for Marketing and Price Study” located at the following address: 7, Pobediteley ave., Minsk, 220004, Republic of Belarus.
Informational services (Services) – provision of diverse information and internet services of the EXPORT.BY portal on the gratis basis via the web-site www.EXPORT.BY.
2. SUBJECT OF THE AGREEMENT
2.1. The present agreement determines the pacify of the provision of informational services to the Customers (further on – “Services”) and presets reciprocal rights and obligations of the Parties to the present Agreement.
2.2. The Parties agree that the Services are provided in accordance with the present Agreement without any guarantees and obligations on the part of the Enterprise in case of failure in the provision of Services (delays, errors, Customers’ information integrity etc.).
2.3. The present Agreement does not cover the legal relationship arising at the process of provision of paid Services, the list of which is ratified by the Enterprise unilaterally.
2.4. The Parties of the present Agreement are represented by any Enterprise (individual entrepreneur) on the one side and Informational National Unitary Enterprise “National Centre for Marketing and Price Study” (further on – Enterprise) on the other side.
3. CONDITIONS OF THE AGREEMENT CONCLUSION
3.1. The present Agreement is the Deed of Accession. Its conclusion is achieved by means of acceptance of the present Agreement by the Customer in accordance with the conditions specified in article 398 of the Civil Code of the Republic of Belarus. This means that Customers accede to the present Agreement entirely without any requirements, deletions and exceptions.
3.2. Accession to the present Agreement is accomplished by means of the registration of Customers at the EXPORT.BY portal that appears in form of pressing the button “I accept the conditions”, located under the text of the present Agreement, by Customers.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Rights and obligations of Customers:
4.1.1. Customers have the right to decline the services anytime.
4.1.2. Customers are obliged to follow the conditions of the present Agreement.
4.1.3. Customers are obliged to provide the overwhelming exact information during the registration process in accordance with the registration form questions.
4.1.4. Customers are obliged to avoid actions leading to network security harm or breakdown in the functions of program and technical means of the Enterprise.
4.1.5. Customers are obliged to avoid the Services usage with the aim of mass mailing of advertising and other character (spam), with the exception of cases when such mailing is initiated by the recipients themselves or with their sanction.
4.1.6. Customers are obliged to avoid using the Services with the purpose to send correspondence and distribute information containing data contravening the acts of legislation of the Republic of Belarus or the standards of international law.
4.2. Rights and obligations of the Enterprise:
4.2.1. The Enterprise is obliged to provide the intuitu personae information privacy, provided by Customers during the registration process, except for the cases when disclosing is necessary for the Services provision or is due to the legislation of the Republic of Belarus.
4.2.2. The Enterprise has the right to keep the information about the entire Customers’ connections including IP-addresses, cookies and requested web-pages (if this information was obtained during the process of provision of the Services.
4.2.3. The Enterprise has the right to delete any information distributed by Customers at EXPORT.BY without notice if it considers the information to violate the effective legislation of the Republic of Belarus, rights and legitimate interests of citizens, to be offensive, or to contravene the present Agreement.
4.2.4. In case when Customers violate the present Conditions or the information distributed by Customers during the process of registration is invalid the Enterprise has the right to put on hold or terminate the Services provision.
4.2.7. The Enterprise has the right to put on hold or terminate the Services provision anytime.
4.2.8. The enterprise has the right to add new services, vary the volume, character and means of Services provision, set technical means of limitation and restriction.
4.2.9. The Enterprise has the right to vary the technical characteristics and program-technical means used for Services provision, including putting Services provision on hold, on planned or sudden basis.
5. LIABILITY RESTRICTION
5.1. The Enterprise is not responsible for the quality or failures in the Services provision.
5.2. The Enterprise is not responsible for complete or partial failures to perform the Services provision under the present Agreement if these failures result from technogenic force-majeur events (failures in the work of electric nets or other communication networks, purport unlawful acts of third parties).
5.3. The Enterprise is not responsible for complete or partial loss of Customers’ information in cases when these losses are due to reckless or deliberate acts of the Enterprise.
5.4. The Enterprise is not responsible for the validity of information or advertising materials or their compliance with Customers’ wishes or demands, any lesions or profit losses of all the parties.
5.5. The Enterprise is not responsible for the quality, content and consequences of using visiting any sites links to which are placed at the EXPORT.BY web-page, or resulting from the Services provision.
5.6. Customers accept the fact that the Services of EXPORT.BY, information released by EXPORT.BY and its partners, software used for the Services provision, the portal design are protected by the Copyrights Law of the Republic of Belarus and the standards of the international law.
5.7. Using and citing the information is allowed upon the condition of the reference to EXPORT.BY or its partners – original sources of the specified information.
6. AGREEMENT AMENDATORY PROCEDURE
6.1. Changes and/or annexes concerning the present Agreement are made by the Enterprise unilaterally.
6.2. Changes and/or annexes made in the Agreement by the Enterprise proprio-motu come into force three days after their confirmation by the Enterprise authority.
6.3. Changes and/or annexes made in the present Agreement by the Enterprise due to changes in the legislation come into force concurrent with the changes in the relevant acts of legislation.
6.4. The text of changes and/or annexes concerning the present Agreement (or its wholly new edition) are notified by the Enterprise by means of distribution of the information at EXPORT.BY and e-mail sending to the Customers.
6.5. Customers, having received an e-mail containing information about changes and/or annexes concerning the Agreement, are obliged to read it properly and take the information into account.
6.6. In case of Customers’ dissent concerning the changes and/or annexes they are to reside from the Agreement, i.e. deny the further Services usage by means of cancellation of the registration.
6.7. The parties agree that silence (absence of the fact of deny of further usage of the EXPORT.BY Services), in accordance with point 3, article 159 of the Civil Code of the Republic of Belarus, is considered as an agreement of the Party with the new edition of the Agreement.
6.8. Regulations of the present Agreement (and its newer editions) are considered to be the conditio sine qua non for all the Customers of EXPORT.BY.
7.1. The Parties agree that all the announcements received via e-mails registered to each of the Parties in frames of the Services provided in accordance with the present Agreement, are considered as delivered in a proper form.
7.2. Delivery of all the announcements concerning the release of the present Agreement is carried out by the Enterprise by means of e-mails registered to the Customers.
7.3. Each of the Parties is obliged to check its e-mail regularly.
7.4. All the risks concerning negative consequences resulting from violation of article 7.3 of the present Agreement are carried by the Party that presumed the violation.
8. FINAL CLAUSES
8.1. In case when some of the clauses of the present Agreement cease to be in force, are considered to be illegal or excluded from the present Agreement, the other clauses still remain valid.
8.2. All the issues, not covered by the present Agreement, are resolved in accordance with the existing legislation of the Republic of Belarus and local standard documents of the Enterprise under the condition of their compliance with the existing legislation of the Republic of Belarus.