User Agreement for «DIKIDI»
This document is a translation of User Agreement for DIKIDI in English. In case of conflict between the Russian version of User Agreement for DIKIDI and this translation - only the Russian version of User Agreement for DIKIDI is legally binding. The Russian version of User Agreement for DIKIDI can be found here: https://support.dikidi.net/hc/ru/articles/360012539120
Use of the Portal is available only on conditions stated in this Agreement. If you do not agree to these User Agreement, you may not use the Portal. By using Portal, you agree to comply with this User Agreement.
TERMS AND DEFINITIONS
Portal — automated information system, located at (including all subdomains): dikidi.net.
Portal Administration — person, to which belong all exclusive rights to the Portal include Portal's domain name and which administered the Portal.
User Profile / Profile — special Portal subsection, where User's personal information and another information placed by User. Any User may have only one Profile.
Information — any information, messages, dates, regardless of form of their presentation placed by User on the Portal include Users personal information, any text messages and other files.
Partner — User, which has a personal web-page on Portal (Personal Account) and offers purchase goods and services (performance of work).
Database — form of data storage and organization, which are systematized so that these data can be found and processed by software tools of Portal.
Any Terms and Definitions, used in Agreement and not in clause «Terms and Definitions», will be interpreted in accordance with the meaning of the text of the Agreement. In case of disagreement of interpretation of term and/or definition in Agreement, the interpretation of Portal Administration will be correct.
- General Provisions
- «Internet-Technologies» LLC - Taxpayer Identification Number (INN)/Tax Registration Reason Code (KPP) 7604249353 / 760401001, Primary State Registration Number (OGRN) 1137604014470, with the registered address 39B Nekrasova St., 150040, Yaroslavl, Russia (hereinafter – “Portal”) offers Internet users (hereinafter – the “User”) the opportunity to use its services on the terms and conditions of this User Agreement (hereinafter - the “Agreement”, “User Agreement”). Agreement shall take effect upon the User’s express agreement with its terms according to Clause 1.4 hereof.
- Portal offers Users access to a wide range of services including Online Booking services, booking, order, delivery, purchase etc. All currently available services as well as their development and/or addition of new services shall be the subject of this Agreement.
- User Registration
- To use certain Portal services or certain specific functions of services, the User shall complete registration to create a unique account.
- Upon registration the User shall provide valid and complete information requested in the registration form and shall regularly update such information. If the User provides invalid information or Portal has reasons to believe that any information provided by the User is incomplete or invalid, Portal may at its discretion block or delete the User’s account or deny the User the use of any services (or certain functions).
- Portal shall reserve the right to require at any time that the User verify the information provided upon registration and to request supporting documents, failure to provide these documents may, at Portal's discretion, be regarded as provision of invalid information and entail consequences according to Clause 2.2 hereof. In case the User's information specified in the documents provided by him/her fails to conform to the information provided upon registration or if the information provided upon registration does not make it possible to identify the User, Portal shall reserve the right to deny User's access to the User account and to usage of Portal services.
Portal administration takes technical and organizational measures to protect Personal information against unauthorized access, not provided by Portal when processing User's and Partners Personal Information.
- The User shall be responsible for security of the chosen means of access to his/her account and for confidentiality of such means. The User shall be responsible for any actions (and their consequences) in and with Portal services through the User’s account including voluntary transfer by the User of information required to access the User account to third parties on any conditions (including by contracts or agreements). Any actions in or with Portal services performed through the User’s account shall be considered done by the User, except for the cases when the User as prescribed by Clause 2.6 hereof notifies Portal of unauthorized access to Portal services through the User’s account and/or any other breach (alleged breach) of confidentiality of the chosen means of access to his/her account (password or means of two-factor authentication).
- The User shall promptly inform Portal of any instances of unauthorized (not allowed by the User) access to Portal services through the User’s account and/or any breach (alleged breach) of confidentiality of the chosen means of access to his/her account. For security reasons, the User shall securely log out after completing each session (Log Out button) of operating Portal services. Portal shall not be responsible for any potential loss or damage of information as well as any other consequences appearing as a result of failure by the User to comply with this part of this Agreement.
- Account termination. Portal may block or delete the User’s account as well as prohibit access through any account to certain Portal services and delete any content without giving reasons including in case the User violates the terms of this Agreement and terms of any documents listed in Clause 1.3 hereof and in case of failure to use a service, including the following.
- User's Personal Information
- In accordance with Agreement User provide his personal information and agree:
- to provide Personal Information to Partners with the Portal.;
- with processing personal information by Portal Administration;
- with distribution Personal Information with the Portal
- with other actions of Portal Administration in relation to Personal Information.
- When User place Personal Information on the Portal, User confirms that it does it voluntarily and agrees with Personal Information Processing. User agree to provide this Information voluntarily for processing. If User disagrees with these conditions, User should not make Registration and/or delete Profile and use Portal only like unregistered User.
- Portal Administration processes Personal Information only from Portal.
- Personal Information is processed with Portal software.
- Portal Administration is processing Personal Information during the period of its placement on Portal. Portal Administration stops processing Personal Information, if Personal Information will be deleted. However, the Portal Administration has the right to save an archive copy of the above Information for an indefinite time.
- Portal Administration is processing Personal Information for normal Portal work. Information processing cannot lead to any negative consequences. Portal Administration shall not be liable for using Personal Information by third parties.
- User undertake to not post someone's Personal Information and not use others Users Personal Information. Personal Information shall not be used for contradict to law of Russian Federation, illegal, and other purposes which are contrary to the purposes of the Portal.
- Without prejudice to other provisions of this Agreement Portal Administration have rights to transfer Information without User's confirmation:
- to state body include investigative body and inquiry body by their request-letter;
- by court order;
- to third parties by request-letter in case of violation or alleged violation their rights;
- in other cases, under Russian law.
- In accordance with Agreement User provide his personal information and agree:
- Placement Information on Portal.
- When User posts Information on the Portal, User undertakes, that has full rights to post this Information on Portal. If the User has no necessary rights to post any Information on the Portal this User can't post this Information.
- Upon using Portal Service, the User shall not:
- contains discredits, insults, defiles honor, dignity reputation or violates the privacy of other Users or third parties;
- breaking the Russian Federation law, containing threats, discrediting the third parties;
- violate third party rights including underage people and/or cause harm in any way;
- violates the right of privacy and public order;
- promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations
- promoted to change, start war, religious, racial hatred or hostility, contain hatred or hostility or call for violence.
- vulgar or obscene, contains pornographic images
- contain extremist materials.
- download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software, for unauthorized access as well as serial numbers to commercial software and generation programs, logins, passwords and other means to receive authorized access to fee-based online resources, or post links to such information;
- disrupt the normal operation of Portal;
- extend and/or not use any software for parsing, illegal data transfer, block, modification, Information or Database disruption from the Portal and try to bypass the restrictions, established by Portal;
- post and not use protected by law Information about intellectual property (include Information about any patent, trademark and copyright), and other protected by law Information without legal rights from rights holder. In case of a dispute situation User should prove that Information posted by User do not violate someone's rights.
- not place any Advertisement without agreement of Portal Administration;
- collect and store personal information of other persons without proper authorization;
- post links to online resources, content of which violates Russian laws or this Agreement;
- post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of email addresses of other people, pyramid schemes, multi-level marketing (MLM), Internet earning systems and e-mail businesses.
- create more than one Profile;
- provide us with inaccurate and not up to date information and may impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
- do anything unlawful or fraudulent with Portal and not solicit and collect money from other Users.
- to promote narcotic drugs and psychotropic substances and enticing girls into prostitution by the use of Portal;
- perform and/or assist to perform illegal acts which contradict to law of Russian Federation or requirements of the Agreement.
- Portal Administration only provides opportunity posting Information and use Portal Services. Portal Administration shall not be liable for reliability and legitimacy of Information posted by User.
- Information is not verified by Portal Administration for compliance with any requirements (validity, completeness, accuracy, legitimacy, etc.). because this verification makes Portal working impossible. However Portal Administration may verify Information at any time in case of doubt.
- Portal Administration may refuse to post Information and/or delete any Information, which the User want post/posted on the Portal.
- A link (in any format) to any website, product, service, any commercial or non-commercial information published on the Website shall be not considered as approval or recommendation of such products (services, activities) by Portal Administration.
- Any recommendation, created by Portal Administration for Users with Portal software are only predictions, which based on User's rates and using math algorithms, formed the basis of User's preferences. These recommendations may not match with real User's preferences. Portal Administration shall not be responsible for mismatch between recommendation and real User's preferences.
- Using the Portal
- Use of the Service is available only on conditions stated in this Agreement and only with modes, presented on the Portal.
- Any Information posted at Portal services are exclusive property of Portal, Users and other right holders.
- Portal Administration is Legal right holder and has all exclusive, property and other rights to the Portal including software, graphics, design elements, database etc.
- Any Information posted at Portal by User are property of this User. When User posts Information on the Portal, User confirms full rights to post this Information on Portal. User agrees that this Information will be available for Portal's Partners and Users.
- When a user posts Information on the Portal, User automatically grants to Portal Administration a non-exclusive right to use, run, copy, select, systematize, transform, edit, translate, post, share this Information (full or parts) any legal method. Also, user confirm that it has all exclusive rights on Information that will be posted on Portal. User confirm all exclusive rights to grant non-exclusive rights to use posted Information to Portal Administration.
- User has no rules (as otherwise resolved by Portal services) to change, copy, delete, save, download, share, transfer, sell, post or otherwise use Information that posted on the Portal (except Information, that was legal posted by User) without approval of Portal Administration and/or legal rights holder, except cases when Portal Administration and/or rights holder agreed with free use of Information by any User.
- Responsibilities when Portal used.
- The User uses Portal services at his own risk. Services are provided as is. Portal accepts no responsibility including for compliance of services with the User's goals.
- Portal does not guarantee that services comply/will comply with User's requirements; that services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the User's expectations.
- Any information and/or materials (including downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through Portal services may be used by the User at his own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User’s computer or third parties, loss of information or any other damage.
- Portal Administration shall not be liable for any losses, including lost profit, moral and other damage, resulting from the User using Portal services or separate parts/ functions of services and in other cases, provided for in this Agreement.
- The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets. User shall be liable for any losses resulting from the User posting Information.
- Portal Administration shall not be liable for any agreements between Users and Partners signed on the Portal. In particular, Portal Administration only provides access to services, provided by Partners. All agreements are between User and Partner.
- The User shall be responsible for regulation at own expense of any threats and claims of third parties and requests of authorized bodies, received by The User or by the Portal Administration, resulting from the User posting Information. Users are obliged to fully compensate the Portal Administration for any losses and expenses in relation to claims and threats.
- Dispute resolution
- User and Portal Administration agree to attempt initially to solve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations. If the Parties are unable to settle the matter between themselves, the matter shall thereafter be resolved by arbitration by Portal Administration location.