AGREEMENT ON THE USE OF MATERIALS AND SERVICES OF THE WEBSITE
Limited liability company "BMT" (OGRN 1127747270375, TIN 7728828988, legal address: 117342, Moscow, Butlerova str., 17b, room. 4 on the 5th floor), (hereinafter referred to as the "Company") offers any user of the Internet information and telecommunications network (hereinafter referred to as the "User") to use materials and electronic services hosted on the Internet information and telecommunications network at: www.bmtltd.ru and its subdomains and owned by the Company, on the terms defined in this Agreement on the use of the materials and services of the site (hereinafter referred to as the "Agreement").
This Agreement is a public offer and defines the terms of use of the materials and services posted on the website in the information and telecommunication network "Internet" at: https://lamsys.art/
- I have read this Agreement and the documents on the use of the Service and the Website;
- provided valid data when registering in the service and on the Website.
- confirms that all actions performed with the User's Account were performed by the User;
The following terms and definitions are used in this Agreement:
These applications, which form one platform - Service with the Site, are (will be) a multifunctional online information technology platform presented in the form of versions and modifications of the Service for mobile devices, including those that may contain fragments of the Service included as an integral part of other resources (sites) of the Company's partners on which the text is posted. this Agreement or a link to it.
- by this Agreement;
- The policy of BMT LLC regarding the processing of personal data.
a) temporary failures and interruptions in the operation of the software and the resulting loss of information and funds, as well as the safety of information, the correctness and timeliness of its transmission and delivery;
b) for the reliability, quality and speed of the software and for the safety of information created, used and received by Users within the framework of the software;c) for failures occurring in telecommunication and/or energy networks, the action of malicious programs, as well as unscrupulous actions of persons aimed at unauthorized access and/or disabling of software and/or hardware complex, resulting in the unavailability of software or illegal access, deletion or modification of information stored within the framework of software;
d) for the reliability, quality and speed of communication channels, as well as the availability of third-party services owned by third parties and involved in the operation of the software;
e) for the correct functioning of the software and/or hardware created by third parties and used when working with the software.
5.19. The Company reserves the right at any time to change the design of the Service, the Website, the software, their contents, the list of tools and functions, to modify or supplement the software used and other objects used or stored in it, any server applications at any time with or without prior notice. The Company also reserves the right to change the functionality or close any of the Site's tools, Service, or software at any time without prior notice, in which case the Company assumes no responsibility for terminating access to such tools or functions.
5.20. To the extent permitted by the legislation of the Russian Federation, the Company refuses to provide the User with any express or implied guarantees and representations that could be provided on the basis of the law, previous oral or written statements of the Company, by virtue of custom, in connection with granting the User the rights to use the Site, Service, software.
5.21. The Company also refuses to guarantee the continued availability and operability of the Company's Website, Service, Mobile Application and software, as well as their operation continuously, uninterrupted and in a safe mode, without malfunctions and errors. The limitations and exclusions of this section apply to the maximum extent permitted by applicable law.
- on the part of the User, the User performs actions on the Site aimed at registering in the Service, including providing personal data and information.
- on the part of the Company – by Activating the User in the Service on the Website. Activation is equivalent to acceptance of the User's request to join this Agreement.
- for individuals: at least 18 (Eighteen) years of age,
- for legal entities and individual entrepreneurs (including non-residents): the availability of documents proving that the specified person is a business entity (INN, OGRN, information about the legal address, information about the person who has the right to act on behalf of the legal entity without a power of attorney, etc.).
- the User's phone number;
- information about the User's name.
- in case of suspicion of the User's dishonesty (including, but not limited to, providing false information).- in case of violation by the User of the terms of this Agreement, and documents on the use of the Service, etc.;- in case of incorrect (rude, offensive) User behavior, use of profanity;- in cases where the User attempts to mislead the Company, provide false information, or distort facts.;- in cases where the User does not meet (has ceased to meet) the requirements imposed by the Company on the User asa user of the Service, as well as upon termination of the relationship on the use of the Service with such User;- in cases where the Company has grounds for unilaterally withdrawing from the Agreement in accordance with this Agreement and the current legislation of the Russian Federation.;- in other cases, when violations by the User of the Service or other documents on the use of the Service, in the opinion of the Company, exclude the possibility of further use of the Service by the User.
– information that the User provides about himself when registering (creating an account) or during the use of the Site, including the User's personal data. The required information is marked in the registration form in a special way. Other information may be provided by the User at his discretion.;
– data that is automatically transmitted to the Site's services during its use using software installed on the user's device, including IP address, information from cookies, information about the user's browser (or other program that accesses the Site), access time, and the address of the requested page.
- I have read and agreed with the Policy of BMT LLC regarding the processing of personal data;
- confirmed his consent to the processing of personal data provided by him during registration, the Company and the official representatives of the Company;
- confirmed his consent to the transfer of personal data provided by him during registration.
The User agrees to the processing of his personal data specified by him during registration, during which the Company and the official representatives of the Company have the right to carry out the actions provided for in clause 3, Part 1, Article 3 of Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data" both without and using automation tools.The purposes of processing the User's personal data specified by him when registering on the Website are:- conclusion and execution of this Agreement, including registration procedures, as well as conclusion of other agreements with the Company with the User;- providing the User with access to the materials and electronic services posted on the Site, including identifying the User requesting access to the materials and electronic services of the Site with limited access and providing him with such access;- informing the User, including news and advertising, directly or indirectly related to the materials or electronic services posted on the Site, as well as any other services and products.• The Company may use the User's Personal Information for the following purposes:- to communicate with the User, including by sending notifications, requests and information regarding the use of the Site, the provision of services, as well as for the purpose of processing requests and requests from the User;- improving the quality of the Website, its usability, and the development of new Website services;- conducting statistical and other research based on anonymized data;- informing the User about the Company's activities, including products and services provided by the Company, as well as about partnersThe company.
- the user has expressed his consent to such actions;- the transfer is provided for by the current legislation of the Russian Federation within the framework of the established procedure;- in order to ensure the possibility of protecting the rights and legitimate interests of the Company or third parties in cases where the User violates this Agreement or other rules of use of the Site.
RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. The User has the right to:
10.1.1. Require the Company to fulfill its obligations under this Agreement;
10.1.2. Contact the Information Center for clarification on issues within the competence of the Information Center staff.
10.1.3. Use the materials and electronic services posted on the Website on the terms defined by this Agreement;
10.1.4. To use in printed and electronic form the materials and electronic services posted on the Website that are the subject of copyright after receiving the written consent of the Company. The use of materials and electronic services means their reproduction on tangible and magnetic media and subsequent distribution by any means (sale, rental, etc.), including through telecommunications networks, through posting on the Internet, as well as providing access to these materials and electronic services to third parties.
10.1.5. The User has the right to delete his account at any time.
10.2. The User is obliged to:
10.2.1. Comply with the terms of use of the Service and the Website, as well as the terms of this Agreement, and other rules and documents mentioned in this Agreement.
10.2.2. Using the capabilities of the Service, act in good faith and refrain from abusing the functionality of the Service and the Site.At the same time, the User undertakes not to use the information and content posted on the Service or on the Website without the proper permission of the Company, the copyright holder of such information /content, to which this information / content belongs, in cases where such use is not related to the purposes of concluding contracts.
10.2.3. To ensure to the Company that the personal data provided to the Company is reliable;
10.2.4. Strictly follow all instructions, instructions, recommendations of the Company;
10.2.5. Do not use any technologies or take any actions that may harm the interests and property of the Company.;
10.2.6. Keep the Login and Confirmation code secret/Password;
10.2.7. Have other obligations arising from this Agreement, documents on the use of the Service and the Website, and other documents and rules mentioned in this Agreement.
10.2.8. At the request of the Company, provide additional information and provide the Company with additional documents necessary for the provision of services / work, in accordance with the procedure and deadlines specified by the Company, if such a need is identified during the provision of services / work.
10.2.9. Notify the Company of changes in the contact information provided by the User to the Company;
10.2.10. Notify the Company of changes in information about the disclosure of the Login and (or) Confirmation Code to third parties/The password, as well as their loss or any circumstances that jeopardize the retention of the Login, Confirmation code/Keep the password secret by contacting the Information Center.
10.2.11. The User is obliged to comply with the Agreement and not to carry out any actions aimed at destabilizing the operation of the Site and Service, attempts to gain unauthorized access to the resources of the Site and Service, the results of intellectual activity posted or available on the Site or Service, as well as not to carry out any other actions that violate the rights of the Company or third parties; use computer programs, scripts, etc. to expand, supplement, accelerate, or otherwise modify the functionality of a Website or Service.
10.3. The User is prohibitedfrom
10.3.1. Taking actions that may be considered as violating the current legislation of the Russian Federation or the norms of international law, including in the field of intellectual property, copyright and/ or related rights, generally accepted norms of morality and ethics, as well as any actions that lead or may lead to disruption of the normal operation of the Site and Site services.
10.3.2. To use the materials of the Website without the consent of their copyright holders.
10.4. The Company has the right to:
10.4.1. Require the User to fulfill the obligations specified in this Agreement, the documents on the use of the Service and the Site, and other documents and rules mentioned in this Agreement.;
10.4.2. Involve any third parties in the provision of the Service and the Site without notice and consent of the User.;
10.4.3. Transfer the rights and obligations under this Agreement to third parties, as well as involve third parties in the performance of certain functions under this Agreement, including on the basis of an agency agreement, without obtaining additional User consent. Notification of the User about these circumstances is carried out at the discretion of the Company.;
10.4.4. Request and receive from the User, if necessary, documents and information necessary for the proper performance of obligations under this Agreement and other agreements.
10.4.5. Change the functionality of the Service or Service at any time without notifying the User.
10.4.6. Have other rights established by the Agreement and documents on the use of the Service and the Website, as well as other rights arising from the nature of obligations.
10.5. The Company is obliged to:
10.5.1. Provide access to the Service in the manner and on the terms defined by this Agreement and the documents on the use of the Service and the Site;
10.5.2. Have other obligations arising from this Agreement, documents on the use of the Service and the Website, as well as the legislation of the Russian Federation, arising from the nature of the obligation.
В том случае, если Сторона не воспользовалась какими-либо правами, предоставленными ей настоящим Соглашением, соответствующие права не прекращаются, и Сторона имеет право воспользоваться ими в дальнейшем.
11. LIABILITY
11.1. The Parties are responsible for non-fulfillment or improper fulfillment of this Agreement in accordance with the current legislation of the Russian Federation with additions, clarifications, and exceptions defined by the Agreement and documents on the use of the Service and the Site, and other documents mentioned in this Agreement
.11.2. The use of technologies, the implementation of actions that may harm the Website and/or the Mobile Application / Service, the interests and /or property of the Company entails a fine from the guilty party in the amount of 3,000 (three thousand) rubles for each case of such violation.
11.3. Sending messages containing obscene or insulting expressions, threats to the life or health of employees of the Company, their relatives, or verbally stating the above shall entail the imposition of a fine in the amount of 500 (five hundred) rubles for each case of such violation.
11.4. An attempt by a blocked User to use the Service without eliminating the reasons for Account blocking, including by creating a new/additional Account, entails a fine of 40,000 (forty thousand) rubles for each case of such violation.
11.5. Providing access to your account in the Service or on the Website to third parties, including by transferring your Username and/or Password, entails a fine of 50,000 (fifty thousand) rubles for each case of such violation.
11.6. The User agrees that the Company has the right to transfer his data to government authorities in order to resolve issues related to violations committed by him when using the Service and the Site.
11.7. The User releases the Company from liability for any negative consequences or losses resulting from the unreliability, insufficiency and untimely nature of the information and documents provided by the User when registering on the Website or Service, or in case of violation by the User of other terms, rules and requirements provided for in this Agreement and the current legislation of the Russian Federation.
11.8. The Company is not responsible for any possible inaccuracies and errors in the description, prices and other information about goods and services, including inconsistencies / inconsistencies with photographic images posted on the Website or Service.
11.9. The Company is not responsible for:- temporary failures and interruptions in the operation of the System / Website and/ or Mobile Application and the resulting loss of information, as well as the safety of information, the correctness and timeliness of its transmission and delivery.- reliability, quality and speed of the System, for the safety of information created, used and received by the User.
11.10 The Company may change the text of this Agreement at any time without notifying the User, such changes will take effect from the moment of their publication. Current (current) The text is posted on the Company's Website.The User is solely responsible for the possible loss or damage of data that may occur due to the User's violation of the provisions of this Agreement, as well as for any losses incurred by the User as a result.
11.11. Requests regarding the operation of the Service are sent in writing on paper to BMT LLC at the address: 117342, Moscow, Butlerova str., 176, room. 4 on the 5th floor.
12. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)
12.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement, if this non-fulfillment was the result of force majeure (force majeure) circumstances that the Parties could not have foreseen or prevented that arose after the conclusion of the User's accession to this Agreement, which include (but are not limited to) the following circumstances: fire, natural disasters, war, military actions, mass riots, revolutions, major accidents, actions of state authorities, the entry into force of legislative acts and orders of state bodies that prevent the Parties from fulfilling their obligations under the Agreement, and other circumstances beyond the control of the will of the Parties.
12.2. Upon the occurrence of the circumstances specified in this section of the Agreement, the Party having force majeure circumstances must immediately notify the other Party in writing within a period not exceeding 5 (five) calendar days, as well as send within a reasonable time a copy of the document certifying the occurrence of force majeure circumstances issued by the Chamber of Commerce and Industry the Chamber of Commerce of the Russian Federation or other competent state bodies of the Russian Federation.
12.2. An untimely notification of force majeure circumstances, more than 5 (Five) calendar days after the occurrence of force majeure circumstances, deprives the relevant Party of the right to refer to them in the future as circumstances in which it cannot fulfill the terms of the Agreement, and in this case, it is obliged to compensate the other Party for the losses incurred by it..
13. THE TERM OF THE AGREEMENT. AMENDMENT AND TERMINATION OF THE AGREEMENT
13.1. Amendments to the Agreement may be made in accordance with Part 1 of Article 450 of the Civil Code of the Russian Federation by uploading an amended version of this Agreement to the Website or Service, providing an opportunity to familiarize oneself with the text of the proposed changes through the Service or Website, their acceptance by the User and continued use of the Service or Website or withdrawal from the Agreement.
13.2. If the current legislation allows a Party to unilaterally withdraw from the agreement, such a Party has the right to unilaterally withdraw from the Agreement by notifying the other Party about it, indicating the date of termination of the relationship under the Agreement.
13.3. Withdrawal from the Agreement on the User's initiative is carried out using the functionality of the Service or the Website, based on an application. A scanned version of such a statement is sent by the User to the following email address: info@bmtltd.ru
13.4. Unless otherwise required by law, if the User withdraws from the Agreement, it will terminate upon receipt by the Company of the notice of withdrawal from this Agreement.
13.5. This Agreement is also terminated if the User withdraws consent to the processing of his personal data in cases where the obligation to provide such data is provided for by the legislation of the Russian Federation or is directly related to the execution of the Agreement or other agreements between the User and the Company.
13.6. If the Company's unilateral withdrawal from the Agreement is not prohibited by applicable law, if the Company withdraws from the Agreement, it is terminated upon receipt by the User of a notice of withdrawal from the Agreement and/or sent in the form of a notification through the Service or Website; information is displayed in the Personal Account; the Company sends an SMS message or by e-mail (at the earliest event).
13.7 Termination of the Agreement on any possible grounds does not constitute grounds for releasing the User from fulfilling payment obligations, including fines, compensations, commissions and other payments, the grounds for which arose during the period of validity of this Agreement or in connection with the fulfillment, non-fulfillment, or improper fulfillment of the terms of this Agreement.
14. DISPUTE RESOLUTION PROCEDURE
14.1. All disputes arising during the conclusion, execution, and termination of this Agreement are resolved by the parties in a mandatory claim procedure. This procedure provides for the submission of a written claim, which must be handed over to the other Party against receipt or sent by registered mail with a delivery notification, or in any other way that ensures the recording of the shipment.
14.2. In case of claims against each other, the Party initiating the claim sends it to the address specified in the Agreement by registered mail with a delivery notification, accompanied by documents substantiating the position of the party. The party that received the written claim is obliged to review it and, within a period not exceeding 10 (ten) calendar days, send a written response to the claim in the same way as the claim received, or, in the absence of such an opportunity, send it in a way that ensures the recording of the shipment.
14.3. The response to the User's claim may be sent by the Company to the User's email address specified by him when registering in the Service or on the Website.
14.4. The Parties undertake to make every effort to resolve all disputes and disagreements that may arise between the Parties under or in connection with this Agreement through negotiations.
14.5. If a mutually acceptable negotiation result is not achieved, disputes arising between the Company and the User under this Agreement or in connection with it will be resolved in court at the Company's location.
14.6. If the current legislation does not imperatively establish a special (alternative, exclusive, etc.) jurisdiction for the relevant category of disputes, the disputes are referred to the court at the Company's location for resolution.This condition does not exclude or detract from the User's right as a consumer within the meaning of the Law of the Russian Federation "On Consumer Rights Protection" to choose jurisdiction in cases where such a right is imperatively established by law.
14.7. Unless otherwise required by law, the Parties have agreed that in the case of representation of the User's interests by a third party, the powers of such representative must be expressed in a notarized power of attorney, a copy or original of which is provided to the Company.
14.8. In case of any questions or difficulties, the User may contact the customer support service of the Website.
14.9. Claims with a detailed description of the essence of the claims and demands may be sent:
- in electronic form to the Company's email address info@bmtltd.ru;
- in writing to the address: 117342, Moscow, Butlerova str., 17b, room. 4 on the 5th floor.
15. OTHER TERMS AND CONDITIONS
15.1. The User confirms that he is legally capable and has reached the age required in accordance with the legislation of the Russian Federation to make transactions provided for in this Agreement.The court's recognition of any provision of the Agreement as invalid or non-enforceable does not invalidate other provisions of the Agreement.
15.2. The User is obliged to provide measures necessary and sufficient to prevent unauthorized access by third parties to his Personal Account.
15.3. The User agrees that the Company will send him information messages of a notifying nature, including those related to the execution of this Agreement by:- calls, voice and SMS messages to the mobile phone contact number provided by the User of the company;- push notifications to your Mobile device;- emails to the email address specified by the User;- messages (including voice), calls sent (made) using instant messaging services that are authorized for use
15.4. In order to refuse to inform, the User may send a message to the Company at the following email address: info@bmtltd.ru refusal to receive notification messages.
15.5. Upon receipt of a refusal to inform, the Company excludes the User from sending information messages, with the exception of those messages for which the current legislation does not provide for the need to obtain the User's consent. At the same time, the User is aware that it may not be possible to provide the functions of the Site and the Service without receiving notifications related to the fulfillment of the terms of this Agreement.
15.6. The User acknowledges and agrees that upon termination of the grounds for sending notification-type information messages to the Company, a reasonable time is required to exclude the User from the list of recipients of notification-type information messages, due to the technical component of the organization of the Service and the Site. Sending information messages of a notifying nature to the User during the specified period is not considered by the Parties as a violation of the User's rights.
15.7. Any correspondence, telephone and other negotiations that took place prior to joining this Agreement, lose their legal force from the moment the User joins the terms of this Agreement.
15.8. Messages sent to the User by e-mail are considered received by the addressee at the time of their sending. The Company has the right to leave unanswered the substance of messages that were previously answered or that contain obscene, offensive language, threats to the life or health of the Company's employees, property of the Company or its employees.
15.9. To the extent not regulated by this Agreement and its annexes, the relations of the Parties are governed by the current legislation of the Russian Federation.
15.10. A User who believes that any information materials posted on the Website or Service violate his rights and legitimate interests should send a corresponding request to the Company's email address using the feedback form or to the email address: info@bmtltd.ru .
15.11. The Company has the right to amend the terms of this Agreement by publishing the text of the amended version of this Agreement on the Website at the permanent address: https://пункциябезболи .Russian Federation/ Such amendments shall enter into force from the date of publication of the amended version of this Agreement on the Website.
15.12. The User is obliged to periodically review the current version of this Agreement in order to study the latest changes made to its text. By continuing to use the Site or Service after the relevant changes come into force, the User agrees to the terms of the Agreement in the new version. If the User does not agree with the changes made, he is obliged to refuse access to the Site and stop using the materials and services of the Site.
15.13. The Company determines the content of the materials and electronic services of the Website at its discretion. The information materials of the Website, including copyrighted materials (books, articles, answers to questions, etc.) are of a reference nature. The Company is not responsible for the information contained in these materials, for the consequences of its use by the User, as well as for the inconsistency of the materials and electronic services of the Site with the User's expectations.
15.14. With questions about the use of materials and electronic services or the content of the Website materials, the User can contact the Company by e-mail (info@bmtltd.ru ) or via the feedback form on the Website.
15.15. This Agreement may be amended by the Company at any time without any special notice. The new version of the Agreement comes into force from the moment of its publication on the Website, unless otherwise provided by the new version of the Agreement. Current edition.
15.16. If the User does not agree with the changes made, he is obliged to refuse access to the Site, stop using the materials and services of the Site.
15.17. Under no circumstances will the Company be liable to the User or any third parties for any direct, indirect, unintentional damage, lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the Site, its work, or the results of intellectual activity posted on it (accessible through him).
15.18. The Agreement may be revised, supplemented, or amended without prior notification to Users of upcoming or past changes to the terms.
15.19. If, after the changes or additions to the text of the Agreement, the User continues to use the Site, this means that he is familiar with the changes and/or additions made and has accepted them in full without objection.
15.20. The Company is not responsible for the consequences of the User's visit and use of external resources, links to which may be contained on the Website or in the Service.
15.21. The Company is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages related to any content of the Site, copyright registration and information about such registration, goods or services available or obtained through external sites or resources, or other User contacts, including which he entered using information posted on the Site or links to external resources.