Юридична інформація - consultant.net.ua

USER AGREEMENT

The Administrator suggests you carefully read the text of the public Offer, and in case of disagreement with any clause, it is proposed to refuse the Services provided under the terms of this Offer, not to install (not to setup or download) the Mobile Application "Consultant" or uninstall the installed Mobile Application "Consultant".

This document is a public offer and a public contract (hereinafter referred to as the Agreement) and, in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine, addressed to any individual (hereinafter referred to as the User), is an official offer of the Administrator, i.e. a company operating under the commercial name "Consultant" and contains all the essential conditions for regulating the relations arising between the Users of the Web Portal and the Mobile Application.

1. GENERAL PROVISIONS

1.1. The User Agreement (hereinafter referred to as the Agreement) is an agreement between the User and the Administrator regarding the provision of access to the functions or services of the Portal and the Mobile Application (provision of legal services).

1.2. When using any function or service of the Portal and the Mobile Application, the User, regardless of his/her legal status and civil capacity, is subject to the rules and restrictions set forth in this Agreement.

1.3. The Agreement, including all amendments and additions, are posted for public information on the Portal and in the Mobile Application.

1.4. The User agrees to comply with the terms of this Agreement when registering on the Portal or the Mobile Application when using any service of the Portal and the Mobile Application. Use of the Portal and the Mobile Application means full acceptance by the User of the terms of the Agreement in full, without any reservations or exceptions. If the User disagrees with any of the provisions of this Agreement, the User may not use the functions or services of the Portal and the Mobile Application.

1.5. The Agreement, including all amendments and additions, are posted for public information on the Portal and the Mobile Application. By using the Portal and the Mobile Application, the User automatically agrees to amend the Agreement without obtaining any special confirmation from the User.

1.6. The Portal and the Mobile Application may additionally establish the terms of use of certain resources and services.

1.7. In this Agreement, unless the context requires otherwise, the following terms are used in the following meanings:

Administrator - a legal entity established in accordance with the legislation of Ukraine, LIMITED LIABILITY COMPANY LEGAL MARKETPLACE CONSULTANT (44273616);

Portal means a web portal on the Internet at https://consultant.net.ua/en. The web portal is the result of computer programming that belongs to software products.

Mobile Application - a copy of a computer program in the form of a mobile application for iOS and Android mobile devices called "Consultant", available for download through the App Store for iOS mobile devices and through Google Play for Android mobile devices;

User - any legally capable individual or legal entity that has accepted the terms of this Agreement and uses the services of the Portal and the Mobile Application;

Consultant means all of the following categories of specialists (professionals) who have accepted the terms of this Agreement, agreed by the Administrator and use the services of the Portal:

- Attorney/Lawyer;

- Notary;

- Accountant/Auditor;

- Private enforcement officer;

- Arbitration manager;

- Patent attorney;

- Customs broker;

Consultation is an opportunity to receive online advice on legal and/or accounting issues via a mobile phone by using the Consultant Mobile Application. The Consultation is provided through an online technological platform based on the marketplace principle, which allows the Portal Consultants to advise Users on legal and/or accounting issues.

Service means the ability to solve a legal or accounting problem via a mobile phone, in the order and under the conditions according to the algorithm in accordance with the categories of online services on legal and/or accounting issues by using the Consultant Mobile Application. Each service is provided in accordance with the algorithm of actions prescribed in the Mobile Application for each service separately.

Document means the ability to receive a template document and/or an individual document via a mobile phone in accordance with the category by using the Consultant Mobile Application.

Individual document - the ability to order and receive a document prepared by a lawyer in accordance with the requirements, criteria and wishes of the user through the Consultant Mobile Application via a mobile phone.

Purchase of a contact - the ability to receive a specialist contact via a mobile phone in accordance with the category of services by paying a specified amount of money.

A template document is a prepared in advance legal document with elements that are common to different documents of this type. The document cannot be modified except for filling in the user's personal data. The template document is downloaded in PDF format on the official letterhead of the Consultant.

Personal data means information or a set of information about an individual who is identified or can be identified using such information, including personal photographs of such a person or other photographic materials.

Bank card means a bank card of the International Payment System MasterCard, Visa.

International payment system - international payment systems Master Card, Visa. International payment systems are determined depending on the affiliation of the User's Bank Card to a particular international payment system. Access to the international payment system is provided by the Administrator with the help of third parties authorized to provide financial services and having the appropriate permits and licenses.

Loyalty Program - a set of relationships as a result of which the loyalty program participant has the right to use all the rights of the loyalty program under the appropriate conditions.

2. USER REGISTRATION

2.1. In order to use the Portal and the Mobile Application, the User has to register in the Mobile Application, as a result of which a unique account is created for the User, which provides access to the services of the Portal and the Mobile Application.

2.2. When registering, the User has to provide reliable information about himself/herself to fill in the relevant registration form, including personal photographs of such person or other photographic materials.

2.3. In case the User provides false information during registration or further use of the Portal and Mobile Application services, the Administrator has the right to suspend or cancel the account (registration), restrict the use of certain functionality of the User's service without prior notice or obtaining any consent of the User.

2.4. If the User's actions may lead to a violation of any norms and rules of the current legislation, human rights, as well as the possibility of claims against the Administrator or holding the Administrator liable for the actions of such User, the Administrator has the right to immediately block the User's actions, as well as suspend or cancel the User's account (registration) without prior notice or obtaining any consent from the User.

2.5. Except as expressly provided for in this Agreement, the Administrator undertakes to take all necessary measures provided for by the current legislation of Ukraine and the requirements of reasonableness and good faith to protect personal data transmitted to the Administrator when the User registers on the Portal and the Mobile Application.

2.6. By undertaking to comply with the requirements of this Agreement, the User gives his/her full, unconditional and irrevocable consent to the use of his/her personal data provided as part of the registration on the Portal and the Mobile Application for the inclusion of such personal data in the personal data base of the Portal and Mobile Application users.

2.7. The Administrator has the right to delete the User's account if the User does not use it for 12 calendar months.

2.8. When registering on the Portal and Mobile Apps, the User has to enter a unique code that will be sent by SMS. In this case, the User is fully responsible for the reliability of the password provided and the protection of his/her account.

2.9. In case a third party gains access to the User's account through the fault of the User, the Administrator is not liable for the negative consequences that have occurred or could occur as a result of the loss of access to the User's own account.

2.10. The User has to ensure the safety of information about their passwords and other confidential information. The Administrator is not liable for the consequences of the loss of confidential information about the User's personal data. This provision applies both to the User's voluntary transfer of information about personal data to third parties and to the loss of confidential information about personal data by the User against his will.

3. PERSONAL DATA AND PRIVACY POLICY

3.1 All issues related to the collection, use, processing and protection of personal data of Users are governed by the Law of Ukraine "On Personal Data Protection".

3.2. The User agrees to the collection, use, processing and protection of personal data during registration on the Portal or Mobile Application. If the User does not consent, he/she has to refrain from using the Portal and the Mobile Application.

3.3 Personal data provided:

3.3.1. The User of the Mobile Application has to provide the following data: Full name, e-mail address, telephone number, city, including personal photographs of such person or other photographic materials, both when filling out the registration form in the Mobile Application and when filling out their profile.

3.3.2. The User may participate in promotions or sweepstakes, send feedback about the Website and share their opinion or seek assistance in using the services of the Portal or the Mobile Application - in this case, the User will also provide their personal data.

3.3.4. The Administrator may automatically collect certain data, including IP address, date and time when the services were used, information about the hardware and software, as well as the Internet browser used, information about the operating system of the computer or mobile device, such as application versions and language settings. Information may also be collected about clicks and pages that are displayed.

3.3.5. The administrator may, with the consent of the user, access various services and data of the mobile device: address book (contacts), location and external storage devices (memory cards), etc.

3.4. The User automatically agrees to the collection, use, processing and protection of personal data when using the Portal and/or the Mobile Application. No other arrangements or agreements are provided for.

3.5. Personal data (phone number and email address) may be used to send information, newsletters and promotional materials.

3.6. The User's personal data may be provided to third parties in case of their written request in order to resolve any conflict situation or at the legal request of law enforcement agencies and the court. The User agrees that such actions of the Administrator are not a violation of the Law of Ukraine "On Personal Data Protection and this Agreement.

3.7 Personal data, including mobile phone number information, may be used by the Administrator to make calls to the User at their own discretion, bearing the costs of the calls themselves. Additionally, the Administrator may send SMS messages for authorization and other purposes.

3.8. The user agrees that they have the right to delete their account, which displays their personal data in the mobile application, after which, data about such user is completely erased from the service.

3.8.1. The user can delete their personal account in the mobile application by navigating to the settings page, then choosing to go to the personal data page, where the "Delete account" button is located. Upon pressing this button, the account will be deleted.

3.8.2. The user can also submit a direct request to delete their account by the Administrator, by clicking on the feedback button, filling out the form to delete their account, after which the Administrator will delete their account.

4. SERVICES OF THE PORTAL AND MOBILE APPLICATIONS

4.1 The Portal and the Mobile Application are intended solely to provide Users with information and consulting services, in particular, access to publicly available (public) information, information lawfully provided by third parties, intellectual property rights objects lawfully used by posting on the Portal and the Mobile Application.

4.2. The Portal and the Mobile Application do not contain and the Portal and the Mobile Application are not intended to contain confidential information, information with restricted access, information belonging to third parties, for the placement of which the Portal and the Mobile Application have not received appropriate permits and authorities.

4.3. In case the User discovers information and/or intellectual property rights objects, the use of which is restricted or the rights to which belong to third parties, the User has to contact the Administrator and report the violation, indicating the Internet address of the information and/or intellectual property rights objects that, in the User's opinion, violate the rights of third parties and report the nature of such offense.

4.4. The Administrator engages Consultants who provide and/or offer to provide services to the User through the Portal and the Mobile Application. The Administrator has to provide Consultants with only informational, advertising and/or other services related to the placement of information on the Consultant's contact details and has to select a service provider for the User.

4.5. Services to Users by Consultants are provided on the basis of separate agreements between specific Users and Consultants to which the Administrator is not a party, even if the User and/or the Consultant received information about such services through the use of the Portal and Mobile Apps or if the Administrator otherwise facilitated the conclusion of such agreements.

4.6. The Administrator is not liable for obligations arising from agreements concluded between the User and the Consultant, and the Administrator is not liable to the Users for possible negative consequences, damage (losses) caused by the use of the Portal and/or the Mobile Application if the User violates the algorithm of actions and does not agree on further actions specified in the algorithm of each service.

4.7. By creating an account, the User agrees to receive text messages (SMS), which are an integral part of the process of using the Services. The User acknowledges that refusal to receive SMS grounds for deletion of the account and deprivation of the opportunity to use the Portal and the Mobile Application.

4.8. The Administrator, at its sole discretion, may create promotional codes that can be used to credit the account balance, provide other functions or provide any benefit related to the Services.

4.9. The User agrees that promotional codes may not be copied, sold, transferred or disclosed without the consent of the Administrator; promotional codes may be invalidated or canceled by the Administrator at any time and for any reason; promotional codes may be used only in accordance with certain conditions set for such promotional codes; promotional codes are not subject to exchange or refund, in case of loss, the promotional code is not restored; replacement of the promotional code with money or any other benefit is not allowed.

4.10. The Administrator independently decides on the reimbursement (refund) of the funds paid by the User.

4.10.1. Funds are refunded upon the User's request in full, minus the amount for services already rendered.

4.10.2. The amount of services rendered upon the User's request is confirmed by a Report from the Administrator.

4.10.3. Funds are not refunded to the User for services such as a purchased document template or consultation.

4.10.4. Funds are refunded for a purchased document template or consultation in the event of a confirmed malfunction of the mobile applications during the order process.

4.10.5. The Administrator, at his own discretion, sets the terms for the reimbursement of funds, but they cannot exceed 60 days from the date of receiving such a request.

4.10.6. The Administrator does not reimburse funds if the fulfillment of the order by the Administrator was impossible due to force majeure or due to the User's fault or obvious obstacles on their part.

5. RESTRICTIONS ON THE USE OF PORTAL SERVICES AND MOBILE APPLICATIONS

5.1. When using the services of the Portal and the Mobile Application, the User may post information and objects of intellectual property rights (hereinafter referred to as the Content). In this case, when posting the Content, the User guarantees that he/she legally owns such Content or property rights thereto and/or has received all necessary permissions to post such Content from third parties. In case of any claims to the Administrator, the User has to settle such claims independently and at their own expense or reimburse the Administrator for the losses incurred by the latter in connection with the unlawful posting of the Content on the Portal and the Mobile Application.

5.2. The Administrator does not take any action and is not liable for the reliability of information, accuracy and legality of posting the Content on the Portal and Mobile Apps. The Administrator does not verify the Content posted by the User and/or lawfully reproduced from other sources, including the Internet, provided that there is a link to the source of such Content, and is not responsible for its accuracy and legality.

5.3. When using the Portal and the Mobile Application, the User can not store, post, transmit or otherwise distribute any information and/or intellectual property rights that may lead to the violation of the rights of third parties, including the right to protection of personal data.

5.4. When using the Portal and the Mobile Application, the User is prohibited from performing any actions that violate or may result in violation of the current legislation of Ukraine or the legislation of another state in which the User is located, as well as the relevant norms of international law.

5.5. The provision of information services and advertising on the Portal and the Mobile Application has to be carried out exclusively by the Administrator or with the prior written consent of the Administrator. Unauthorized posting of advertising information by the User is prohibited, otherwise the person who posted the information is obliged to reimburse the Administrator for the losses incurred in full.

5.6. Information posted on the Portal and Mobile Apps can not contain:

- restriction of minority rights;

- impersonation of another person or representative of an organization and/or community without sufficient rights, including employees and owners of the Administrator, as well as misrepresentation of the properties and characteristics of any entities or objects;

- materials that the User is not entitled to make available by law or under any contractual relationship;

- materials that violate the rights to any patent, trademark, trade secret, copyright or other proprietary rights and/or copyright and related rights of a third party;

- intrusive advertising, uncontrolled spam, invitations to participate in financial services or otherwise impose services;

- materials containing computer codes designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers for commercial software products, logins, passwords and other means to gain unauthorized access to paid resources on the Internet;

- advertising of drugs;

- recordings addressed to anyone containing rude and offensive language and suggestions;

- records containing pornographic material.

5.7. If the Administrator incurs any losses related to the posting of information by a Consultant and/or a User on the Portal and Mobile Application, the person who posted such information is obliged to reimburse the Administrator in full.

5.8. Any materials received by the User using the services of the Portal and the Mobile Application can be used by the User at their own risk. The User is solely responsible for any damage that may be caused to the computer and/or data as a result of downloading and using the Portal and Mobile Apps.

5.9. A Consultant and/or a User is prohibited from exchanging contact information (mobile phone number, e-mail, disclosure of names, company names, etc.) that will allow identifying a person without the Administrator's consent. Such actions will entitle the Administrator to restrict the access of the person performing such actions to the Portal and the Mobile Application.

6. FINANCIAL RELATIONS

6.1. The User acknowledges that the use of the Services may result in an obligation to pay for services received as a result of using the Portal and the Mobile Application.

6.2. The User pays through the Administrator to the Consultant who, from the User's point of view, has provided the most professional (acceptable) preliminary consulting service received through the Portal and the Mobile Application. The Administrator retains a portion of the funds paid by the User for the use of the Mobile Application. The User agrees that the consulting service is provided and accepted upon receipt of at least one response received in the User's Mobile Application within 7 days from the date of the question sent.

6.3. The User has to pay through the Administrator to the Consultant, who, in accordance with the category and the selected service, provides legal assistance, a fixed amount for each stage of the service. The Administrator retains a portion of the funds paid by the User for the use of the Mobile Application.

6.4. The User is obliged to accept the service performed. The User agrees that the service is considered to be performed in the following cases:

6.4.1 acceptance of the act of work performed by the User by clicking the "accept" button after performing any service;

6.4.2. non-acceptance of the act of work performed by the User, without specifying a reason for such non-acceptance within 3 (three) days (principle of tacit consent);

6.4.3. rejection of the act of work performed by the User, without a reasoned refusal of such rejection within 3 (three) days (principle of tacit consent);

6.5. The User has to pay the Administrator a fixed amount of money for obtaining a template document. The Administrator retains the fixed amount specified in the Annex until the User receives the template document. The User agrees that the service is considered to be provided and fulfilled after gaining access to the document on their own mobile phone.

6.6. In order to obtain additional consulting services and provide all types of legal aid, the User has the opportunity to receive a paid information service - providing information on the contact details of any Consultant. The cost of each such information service is displayed in the Mobile Application and has to be paid by the User to the Administrator after confirmation of the User's intention to receive the specified information service. This service has to be provided by the Administrator and accepted by the User from the moment of providing information on the contact details of the Consultant selected by the User.

6.7. In case of failure of provision the service included in clauses 6.2 - 6.6. of this Agreement, the User has to be refunded. In case the service is not of high quality, from the User's point of view, the latter has the right to a refund of the paid funds. Refunds are made upon a reasoned decision of the Administrator made on the basis of a written application of the User. The User's written application has to be considered within 3 (three) days from the date of receipt of such application. After reviewing the User's application, the Administrator has to make a written decision on the consideration of the User's application and motivate the decision.

6.8. The User agrees that after the provision of the services provided for in clauses 6.2 - 6.6. such services are considered to be provided in full and there is no need to conclude and sign additional agreements, acts, invoices and other documents.

6.9. The funds paid for the provision of information services provided for in clauses 6.2. through 6.6. are non-refundable.

6.10. The User agrees that the payment of the above fees is automatic and does not require additional approvals.

6.11. The Administrator reserves the right at any time at its sole discretion to determine, delete and/or change the amount of payment for services received through the Portal and the Mobile Application.

6.12. The Administrator may, at its sole discretion, provide certain users with special offers and discounts that may reduce the amount of payment or exempt from payment for services.

6.13. The Administrator is not liable for legal relations arising between the User and the Consultant after the provision of information services - provision of information on contact details belonging to the Consultant. The Administrator is not liable for direct settlements and obligations between the User and a Consultant that have not been separately agreed with the Administrator.

7. RULES OF PARTICIPATION IN THE LOYALTY PROGRAM

7.1. The Loyalty Program (hereinafter referred to as the Program) in the Mobile Application "Consultant" is a comprehensive system of measures regulating the relationship between the Administrator and the User, within which the User has the opportunity to receive money to his/her own bank card or for each new user invited by the User and who has consulted, additionally receives a free consultation.

7.2. The Administrator has exclusive rights to manage and develop the Program, and has the right to make changes to the details and conditions of the Program.

7.3. The Administrator provides an opportunity for existing users to invite a new user using a link in the Mobile Application. If such a user has joined the Mobile Application and received a paid consultation in the Mobile Application, such a user will receive one free consultation.

7.4. The Administrator allows existing users to invite a new user using a link in the Mobile Application. If a new user has registered in the Mobile Application with your invitation code and linked a bank card, we will donate funds to your bank card in the amount of one dollar at the NBU rate on the day of such donation.

7.5. The Administrator has the right to unilaterally terminate cooperation within the Program without notifying users.

8. INFORMATION ON ADDING A USER'S BANK CARD TO THE MOBILE APPLICATION

8.1. To ensure the possibility of making payments for the Services provided (Service, Consultation, Document, Number Purchase) using Bank cards, the User is obliged, after installing the Mobile Application on his/her mobile device and registering, to indicate in the "Payment" section the number of a valid bank card from which he/she plans to pay for the services.

8.2. The Administrator is not responsible for the accuracy and correctness of the information provided by the User during registration, as well as the data on Bank cards transmitted by the User to the Portal and the Mobile Application.

When adding a bank card, the User's information is redirected to the form of third parties authorized to provide financial services in order to verify the validity of the card, to enter the Bank card data: card number, period until which the card is valid, cardholder name, security code (CVV2). If the data entered by the User is valid and correct, the Bank Card is successfully added to the User's Profile.

8.3. The Service does not collect, store, or monitor the data of the Users' Bank cards. All Bank Card data is transferred to the forms of third parties authorized to provide financial services.

8.4. The Administrator guarantees that the Portal and the Mobile Application installed on the User's mobile device transmit all entered Bank Card data to the International Payment System using secure communication protocols. When adding a Bank Card, the International Payment System blocks the amount necessary for verification of the card data; after successful confirmation of the transaction (confirmation of the validity and activity of the Bank Card), the blocking of the amount is canceled in accordance with the terms of the International Payment System.

9. EXCLUSIVE RIGHTS AND GUARANTEES OF THE ADMINISTRATOR

9.1. The Portal, the Mobile Application, any of their components, including program code, design elements, text, graphics, videos and other intellectual property rights are the exclusive property of the Administrator.

9.2. This Agreement does not provide for the granting of any rights or permissions to the User to use the Portal and the Mobile Application in any way other than in the ways provided for by the functionality of the Portal and the Mobile Application.

9.3. The Portal and the Mobile Application are provided for use by the User on an "as is" basis. The Administrator does not guarantee the uninterrupted operation of the services of the Portal and the Mobile Application, timeliness and accuracy of their operation in order to confirm any facts, as well as the compliance of the services of the Portal and the Mobile Application with the User's goals.

10. LIMITATION OF LIABILITY OF THE ADMINISTRATOR

10.1. The Administrator is not liable for any damage to life and health, any direct and/or indirect losses, material and/or non-material damage, liabilities or losses incurred as a result of the use or non-use by the User of the information posted on the Portal and the Mobile Application, as well as when using the Administrator's services, and which may be caused by incomplete or untimely provision of information services by the Portal and the Mobile Application; inability to access or use the services; failure to provide

10.2. The Administrator does not guarantee constant or unconditional access to the services provided by the Portal and the Mobile Application. The functioning of the Portal and the Mobile Application may be disrupted by force majeure and other factors, the prevention or overcoming of which is beyond the Administrator's capabilities.

10.3. The Administrator is always ready to take into account the wishes and suggestions of any User of the Portal and the Mobile Application regarding their operation.

11. FINAL PROVISIONS

11.1. This Agreement is an agreement between the User on the one hand and the Administrator on the other hand regarding the procedure for using the services of the Portal and Mobile Applications.

11.2. This Agreement is not governed by and construed in accordance with the laws of Ukraine. Issues not regulated by this Agreement are not resolved in accordance with the current legislation of Ukraine. All possible disputes arising from the relations governed by this Agreement are not resolved in accordance with the procedure established by the current legislation of Ukraine at the location of the Administrator.

11.3. Given the free use of access to the Online Service, the rules on consumer protection provided for by the legislation of Ukraine can not be applied to the relationship between the User and the Administrator.

11.4. Nothing in the Agreement can be understood as establishing between the User, on the one hand, and the Administrator, on the other hand, agency relations, commission, partnership, joint venture, labor relations, or any other relations not expressly provided for by this Agreement.

11.5. If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this does not affect the validity or enforceability of the remaining provisions of the Agreement.

11.6. Inaction on the part of the Administrator in case of violation of the provisions of the Agreements by the User does not deprive the Administrator of the right to take appropriate actions to protect its interests later, and does not determine the waiver of the Administrator of its rights in the event of further similar violations.

11.7. This Agreement is drawn up in Ukrainian, but is provided for review by the Users in Russian and English. In case of discrepancy between the terms of this document in Ukrainian and its translation into Russian and English, only the version of the document in Ukrainian is legally binding.

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