USER AGREEMENT

Saint Petersburg January 10, 2020

This User Agreement (hereinafter referred to as the Agreement) governs the relations during the use of the Internet Resource www.a-electro.com (hereinafter referred to as the Website) between A-Electro Limited Liability Company (OGRN (Primary State Registration Number) 1057811776835; INN (Taxpayer Identification Number) 7810033712), a legal entity established on the territory of the Russian Federation and in accordance with the legislation of the Russian Federation (hereinafter referred to as the Website Administration), on the one part, and an individual having accepted the terms hereof by joining this Agreement as a whole and without reserve (hereinafter referred to as the User), on the other part, hereinafter jointly referred to as the Parties and individually as the Party. This Agreement and the relations of the Parties arising herefrom will be governed by the legislation of the Russian Federation.

In accordance with the Article 435 of the Civil Code of the Russian Federation this Agreement is an offer proposed by the Website Administration to any individuals to make this Agreement under the terms and conditions specified therein. The Website Administration considers that it made this Agreement with the individuals having accepted this offer. The specified offer can be accepted by individuals only by joining this Agreement as a whole.

As for the procedure and conditions for making this Agreement, the regulations of the Civil Code of the Russian Federation governing the procedure and conditions for making a standard form contract (Article 426 of the Civil Code of the Russian Federation), contract of adhesion (Article 428 of the Civil Code of the Russian Federation), addressed offer and acceptance (Articles 435–444 of the Civil Code of the Russian Federation) are applied.

1. BASIC TERMS AND DEFINITIONS USED IN AGREEMENT

1.1. The Website Administration of the Internet Resource (hereinafter referred to as the Website Administration) is A-Electro LLC, the owner of the website www.a-electro.com that owns all the relevant exclusive rights to the Website, including the rights to the Website domain name. The Website Administration carries out the current management of the Website.

1.2. A-Electro is an Internet Resource located on www.a-electro.com domain name and operating through the Internet Resource and related services.

1.3. Acceptance of Agreement: in accordance with the Article 438 of the Civil Code of the Russian Federationunconditional acceptance (Acceptance) of the terms hereof is considered to be selection of the item confirming acceptance of the terms hereof in the Legal Information section of the Website when the User visits the Website for the first time. After Acceptance of Agreement the User is considered to have accepted the terms hereof unconditionally and in full.

1.4. Internet Resource is a website combining the webpages posted on the Internet that is united by a single address space of www.a-electro.com domain (and / or other domains that may be used by the Website Administration from time to time). The welcome page of the Website, through which all other webpages of the Website can be accessed, is available on the Internet at https://www.a-electro.com/.

1.5. Website Content (hereinafter referred to as the Content) is protected intellectual property deliverables, including design elements, illustrations, graphic images, scripts, programs, video, music, sounds, text and other property: graphic, text, photographic, derivatives, components and others works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, structure, selection, coordination, appearance, common style and arrangement of such Content making up the Website, and other intellectual property deliverables, collectively and / or individually, contained on the website of the Internet Resource, whether they are derived from intellectual activity or not, the rights to which belong to the Website Administration, Partners of the Website Administration or other persons..

1.6. User of the Website (hereinafter referred to as the User) is an individual that has access to the Website via the Internet that has accepted the Agreement and uses the Website in his or her own interest in accordance with the requirements of applicable law and hereof.

1.7. User Agreement (hereinafter referred to as the Agreement) is an agreement defining the conditions and procedure for using the Website and regulating the relations between the Website Administration and the User. 

2. GENERAL PROVISIONS

2.1 The subject of this Agreement is provision by the Website Administration to the User of access to the electronic content, search and navigation tools and other services of the Website in order to meet the User needs.

2.2. This Agreement applies to A-Electro Website, i.e. to an Internet Resource that is a combination of information and computer programs contained in the information system and ensuring availability of such information on the Internet at the network address: https://www.a-electro.com and to all relevant websites linked to www/a-electro.com/.

2.3. This Agreement covers all services of the Internet Resource existing (actually functioning) now, as well as any subsequent modifications thereof and additional services of the Internet Resource that appear in the future.

2.4. Access to the Internet Resource is provided free of charge.

2.5. All rights to the Website as a whole and to the use of https://www.a-electro.com network address (domain name) belong to the Website Administration. The latter provides access to the Website to all interested parties in accordance with this Agreement and the current legislation of the Russian Federation.

2.6. Herein and in any other special documents posted on the Website the Website Administration means A-Electro Limited Liability Company, a legal entity established under the legislation of the Russian Federation and registered at: 25, Tsvetochnaya Street, lit. A, office 506, 196084, Saint Petersburg.

2.7. This Agreement and the Appendices hereto being an integral part hereof have been developed by the Website Administration and determine the rules and conditions for provision and use of the materials and services of the Website, as well as the rights and obligations of Users and Website Administration.

2.8. Use of the materials and services of the Website is regulated by the current legislation of the Russian Federation.

2.9. This Agreement is a legally binding agreement between the User and the Website Administration, the subject of which is provision by the Website Administration to the User of the services for using the Website and its services that contains the rules and conditions for provision and use of the services. In addition to this Agreement, the agreement between the User and the Website Administration includes all special documents regulating provision of certain services of the Website and posted in the relevant sections of the Website on the Internet.

2.10. The relations between the Website Administration and the User may be additionally regulated by separate documents and agreements governing the use of the relevant service of the Website Administration and / or provision of services to the User. Application of such additional documents and agreements shall not cancel the validity hereof.

2.11. This Agreement may be unilaterally amended and / or supplemented by the Website Administration without any special notice. This Agreement is an open and public document. The current version hereof is available on the Internet at: https://www.a-electro.com. The Website Administration recommends that the Users regularly check the provisions of the Agreement as for amendments hereof and / or additions hereto. Continued use of the Website by the User after making amendments and / or additions hereto means acceptance and consent of the User to such amendments and / or additions. The User may refuse to accept the above mentioned amendments and / or additions made by the Website Administration, which means the User’s refusal of the services.

2.12. Continued use of the Website by the User means his acceptance hereof together with amendments made herein.

2.13. The User is personally responsible for checking this Agreement for any amendments herein.

2.14. The User shall have full knowledge of this Agreement before getting access to the Website. Getting access to the Website by the User means complete and unconditional acceptance by the User of this Agreement in accordance with the Article 438 of the Civil Code of the Russian Federation.

2.15. Nothing in this Agreement provides the User with the right to use the commercial name, trademarks, domain names and other differential signs of the Website Administration. The right to use the commercial name, trademarks, domain names and other differential signs of the Website Administration may be granted only by written agreement with the Website Administration.

2.16. Any appeals, offers and claims of individuals and legal entities to the Website Administration connected herewith and all matters regarding operation of the Website, violations of the rights and interests of third parties when using it, as well as for requests of the persons authorized by the legislation of the Russian Federation, may be sent to the postal address: 25, Tsvetochnaya Street, lit. A, office 506, 196084, Saint Petersburg. A-Electro LLC.

3. ACCEPTANCE OF AGREEMENT

3.1. cceptance of this Agreement is performance by the User of the following consistent implicative actions in the Legal Information section of the Website:

3.1.1. Familiarization with the terms and conditions hereof displayed in the Legal Information section as a pop-up window when the User visits the Website for the first time.

3.1.2. Selection of the item (by ticking) confirming acceptance of the terms and conditions hereof when the User visits the Website for the first time.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Website Administration has exclusive rights to the Content, including software products and online services of www.a-electro.com as a whole, and computer programs, databases, cartographic, reference, information and other text materials, images and other items of copyright and / or related rights, and also the items of patent rights, trademarks, commercial designations and business names integrated therein or used together therewith, as well as any other parts of software products and / or online services of www.a-electro.com individually (regardless of whether they are integrated therein or serve as additional components thereto and whether it is possible to remove them from the overall composition and to use independently or not). These rights are protected in accordance with the Part IV of the Civil Code of the Russian Federation. 

4.2. The Website Administration carries out the current management of the Website, determines its structure, appearance, allows or restricts the Users' access to the Website and exercises any other rights belonging to the Website Administration.

4.3. As for providing the Users with the opportunity independently to perform certain actions within the Website, the Website Administration is only the person having arranged the technical capability of such actions, and any transfer, storage and provision of access via the Internet to the information, graphic images and other materials provided by the Users and related to such actions are carried out without changing such materials or influence thereon by the Website Administration.

4.4. The Website Administration has the right:

4.4.1. At any time and without notice to the User to change the rules for using the Website, make amendments hereto, as well as to change the design of the Website, its contents, list of services, to change or supplement the scripts, software, Content and other items used or stored on the Website, and any server applications.

4.4.2. Without any reason and notice to remove any Content, including the Content that, at the discretion of the Website Administration, violates and / or may violate the legislation of the Russian Federation, the provisions hereof, the rights of other Users or third parties, harm them or threaten their security.

4.4.3. At its discretion to delete any information, including that posted by the User on the Website in violation of the legislation of the Russian Federation or the provisions hereof;

4.4.4. At any time and without giving any reasons to suspend, restrict or terminate the User’s access to all or any sections of the Website, services of the Website Administration and / or services of the partners of the Website Administration, to delete publications created by the Users without prior notice in the event that the User violates the terms and conditions hereof.

4.4.5. To demonstrate advertising materials to the User on the Website.

4.5. The Website Administration is not obliged to deal with and resolve any disputes and conflicts arising among the Users, as well as between the User and the partner of the Website Administration when the User uses the service of the partner of the Website Administration, however, at its discretion and in order to maintain a constructive atmosphere on the Website, it may assist in resolving such conflicts. If the User has complaints against original posters, he needs to contact the Website Administration indicating the fragment he considers to be a violation and describing its essence. Any ambiguous, obscene or provocative comments will be removed as soon as possible, provided that the Website Administration agrees to the complaint. 

4.6. The User has the right:

4.6.1. To get access to the Website.

4.6.2. To familiarize with the information presented on the Website and to use all the services available on the Website.

4.6.3. To ask any questions related to the services of the Internet Resource using the details given in the Contacts section of the Website.

4.6.4. To perform any other actions not prohibited by the legislation of the Russian Federation or hereby that are associated with using the Website and to use the Website solely for the purposes and according to the procedure provided for hereby and not prohibited by the legislation of the Russian Federation.

4.7.The User of the Website shall:

4.7.1. Upon request of the Website Administration provide any additional information that is directly relevant to the services provided on the Website.

4.7.2. Comply with the current legislation of the Russian Federation, not violate any property and non-property rights of the posters and other rightholders when using the Website, inform the Website Administration of any violations.

4.7.3. Take no actions that may be considered as the actions violating the normal operation of the Website.

4.7.4. When using the Website not disclose any confidential information and data protected by the legislation of the Russian Federation on individuals or legal entities.

4.7.5. Avoid any actions that may result in violation of confidentiality of the information protected by the legislation of the Russian Federation if the User does not have sufficient rights on disclosure of such information by law or under agreement.

4.7.6. Not use the Website to disseminate advertising information: not post open text messages, graphic images and other materials that contain advertising on the Website.

4.7.7. Not use the Website services of the Internet Resource for the following purposes:

4.7.7.1. downloading the content that is illegal or violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination based on race, national, gender, religious identity, social belonging; contains inaccurate information and (or) insults to particular persons, organizations, government authorities;

4.7.7.2. motivation to commit unlawful acts, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions in force within the territory of the Russian Federation;

4.7.7.3. violation of the rights of minors and (or) infliction of harm to minors in any form;

4.7.7.4. infringement of the rights of minorities;

4.7.7.5. presenting himself as another person or representative of an organization and (or) community without sufficient rights to do so, including as employees of this Internet Resource;

4.7.7.6. misleading as for the properties and characteristics of any Goods from the Internet Resource catalogue posted on the Website;

4.7.7.7. incorrect comparison of the Goods, as well as formation of a negative attitude towards the persons (not) using particular Goods, or criticizing such persons;

4.7.7.8. conducting debates in a provocative style ("trolling"), posting meaningless and uninformative comments ("flood") and excessive quoting ("overquoting");

4.7.8. Constantly monitor the amendments made hereto.

4.8. It is prohibited for the User:

4.8.1. To use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Website of the Internet Resource.

4.8.2. To perform any actions aimed at disruption of the Website functioning, to attempt unauthorized access to the Website management or its closed sections (the sections access to which is permitted only to the Website Administration), as well as to carry out any other similar actions.

4.8.3. In any way to bypass the navigation structure of the Website to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of the Website.

4.8.4. Unauthorized access to the functions of the Website, any other systems or networks related to the Website, as well as to any services offered on the Website.

4.8.5. Violate security or authentication system on the Website or on any network related to the Website.

4.8.6. To perform a reverse search, track or try to track any information about any other User of the Website.

4.8.7. To post, reproduce, copy, process, distribute, publish on the Website, make public, download, transfer, sell or otherwise use, in full or in part, the Content of the Website Administration, partners of the Website Administration, other Users and third parties without their prior permission, except for the cases established by this Agreement, the current legislation of the Russian Federation, as well as the cases when the rightholders expressly agreed to free use of his own Content by any person. Posting the Content on the Website otherwise, the User confirms that he has all relevant rights to do so, including the right to inform the public that such posting does not and will not violate the rights and legitimate interests of the rightholders and third parties, and that all required permissions and consents of the respective rightholders and third parties was duly and explicitly obtained.

4.8.8. To write messages consisting only of emoticons or punctuation marks in capital letters, to use a lot of exclamation marks and deliberately to write spelling errors, to post on the Website the information containing obscene words and expressions, to post pornographic materials or hypertext links to the Internet sites containing such materials.

4.8.9. To post on the Website in the public domain any text messages, graphic images or other materials which content is offensive to any other Users or persons or may be regarded as such, as well as messages, images and other materials compromising the Users or other persons, contain threats, incitement to violence, commitment of unlawful acts, antisocial or immoral acts, as well as commitment of any other actions contrary to the principles of public order and morality.

4.8.10. To carry out intrusive propaganda of any teachings, approaches, views encouraging separation, aggression and hatred of any social or cultural category.

4.8.11. To post personal data on the Website, including contact details, of other Users or other persons without their prior consent.

4.8.12. To post materials on the Website (including those that are not consistent with reality), which placement impair or may impair honour, dignity and business reputation of a citizen or goodwill of an entity.

4.8.13. To use the Website and its Content for any purposes prohibited by the legislation of the Russian Federation, as well as to incite to any illegal or other activity violating the rights of the Internet Resource or other persons.

4.8.14. To use the Website for any commercial purposes.

5. USE OF THE WEBSITE

5.1. The Website and Content making up the Website are owned and managed by the Website Administration.

5.2. The content of the Website cannot be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the Internet world network without prior written consent of the Website Administration.

5.3. The content of the Website is protected by copyright, trademark laws, as well as by other intellectual property rights and unfair competition legislation.

5.4. Using some services of the Website may require creating the User account.

5.5. The User is personally liable for keeping the account information confidential, including the password, as well as for all and any activities carried out on behalf of the User within the account.

5.6. The User shall immediately notify the Website Administration of any unauthorized use of his account or password, or any other violation of security system.

5.7. The Website Administration has the right unilaterally to cancel the User account if it has not been used for more than 12 (twelve) consecutive calendar months without notice to the User.

5.8. The information posted on the Website should not be construed as amendment hereto.

5.9. The Website Administration has the right at any time to change the Website Content without notice to the User.

5.10. This Agreement includes Privacy Policy and Agreement for Data Processing and Use of Cookies, i.e. the documents regulating the use of the Website by the User to the relevant extent and cover the specified use.

5.11. The documents included herein may be subject to updates. Any changes come into effect upon publication thereof on the Website.

6. LIABILITIES OF THE PARTIES

6.1. Since within this Agreement the right to use any materials and / or online services of www.a-electro.com for non-commercial purposes is granted on a gratuitous basis, the provisions of the consumer protection legislation do not apply to the relations of the Parties hereunder.

6.2. The materials and / or online services of www.a-electro.com are provided on an “as is” basis, therefore the User will not receive any guarantees that: such materials and / or online services will comply with the requirements of the User; will be provided continuously, quickly, reliably and without errors; the results that can be obtained using such materials and / or online services will be accurate and reliable; all errors will be fixed. The Website Administration does not guarantee full compliance of the materials with legislative regulations at the time of viewing thereof by the User.

6.3. Use of any materials and data taken from the materials and / or online services of www.a-electro.com is solely at the risk of the User, the Website Administration will not be liable for any lost profits, losses or other damage resulting from using the materials and / or online services of www.a-electro.com.

6.4. The Website Administration will not be held liable for accuracy of information and / or advertising materials of third parties, availability of their Internet sites and contents, any consequences associated with using the information and / or advertising, as well as for Internet sites of third-parties.

6.5. Since the materials and / or online services of www.a-electro.com Website are continuously supplemented and updated to implement new functionalities, the form and nature of the services and capabilities of the Website may change from time to time without prior notice to the User. The Website Administration has the right at its sole discretion (temporarily or permanently) to stop displaying the Website materials (or any of separate parts thereof) to all Users in general or to any individual User in particular without prior notice.

6.6. The User is responsible for any violation of the obligations established herein and (or) by applicable law, as well as for all the consequences of such violations (including any losses that the Website Administration and other third parties may incur).

6.7. The Website Administration reserves the right to prosecute violators of exclusive intellectual property rights in accordance with the civil, administrative and criminal laws at its own and sole discretion.

6.8. Providing the User with the technical capability to use the Website, the Website Administration neither control the actions of the User, nor automatically censor information in the open sections of the Website, so it shall not be held liable for any actions or inaction of the User, since there are no technical solutions in the information system and software of the Website that automatically censor and control over the actions of the Users.

6.9. The Website Administration neither carries out nor has technical capability to carry out preliminary moderation of information and Content from the Users, so it is not liable for the Content posted by the User.

6.10. The Website Administration shall not be held liable for possible failures and interruptions in the operation of the Website and loss of any information caused thereby. The Website Administration is not liable for any damage to the User's computer, mobile devices or any other equipment or software caused by or associated with the use of the Website or websites available through hyperlinks posted on the Website.

6.11. The Website Administration is not liable for any damage, including lost profits or harm, caused by the use of the Website, Content or other materials that the User or other persons have accessed through the Website, even if the Website Administration has warned or pointed out the possibility of causing such damage or harm.

6.12. The Website Administration is not liable for any damage that may be caused to the User in the event of termination of the Website operation or its individual pages.

6.13. The Website Administration is not liable for any failure to provide or incorrect provision of services to the User by the partner of the Website Administration, or for not receiving the results expected by the User from using the service of the partner of the Website Administration.

6.14. The User is personally liable for any Content or other information that he uploads to the Website or otherwise communicates to the public on the Website or using the Website. The User shall independently resolve any claims of third parties related to unlawful placement of the Content and information.

6.15. Hyperlinks to any website, product, and service, commercial or non-commercial information posted on the Website shall not be understood as approval or recommendation of such products (services) by the Website Administration. The Website Administration shall not be held liable for any damage caused to the User as a result of following such hyperlinks.

6.16. Going to the websites of third parties, installation of the software and using the services of third parties is carried out by the User at his own risk. The provisions of this Agreement do not apply to relations of the User with third parties.

6.17. The Website Administration will not reimburse any losses that the User may suffer in case of intentional or reckless violation of any provision hereof, as well as due to unauthorized access to the communications of another User.

6.18. The Website Administration shall not be held liable for:

6.18.1. Delays or failures in the course of using the Website resulting from force majeure, as well as any case of malfunctions in telecommunication, computer, electrical and other related systems.

6.18.2. Proper functioning of the Website if the User does not have any technical means required for its use, and the Website Administration bears no obligations to provide the Users with such means.

6.19. The User is solely responsible for interpretation and use of the content (information) posted on the Website.

7. VIOLATION OF THE TERMS AND CONDITIONS OF THE USER AGREEMENT

7.1. The Website Administration has the right to disclose any information collected about the User of the Website, if such disclosure is necessary for any investigation or complaint regarding misuse of the Website, or to establish (identify) the User who may violate or interfere with the rights of the Website Administration or the rights of other Users of the Website.

7.2. The Website Administration has the right to disclose any information about the User that it may deem necessary to comply with the provisions of the current legislation or court decisions, to ensure compliance with the terms and conditions hereof, to protect the rights or security of the name of the organization, Users.

7.3. The Website Administration has the right to disclose information about the User if it is required or permitted by the current legislation of the Russian Federation.

7.4. The Website Administration has the right to terminate and (or) block access to the Website without prior notice to the User if the User has violated this Agreement or the Website terms of use contained in any other documents, as well as in case of termination of the Website or due to operating failures or problems.

7.5. The Website Administration is not liable to the User or third parties for termination of access to the Website if the User has violated any provision of this Agreement or another document containing the conditions for using the Website.

8. DISPUTES SETTLEMENT

8.1. All disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of the Russian Federation.

8.2. All disagreements arising between the Parties shall be settled through negotiations and in the course of pre-court dispute settlement procedure. Pre-action procedure for resolving any dispute arising from relations regulated hereby is considered obligatory.

8.3. The recipient of the claim shall, within 15 (fifteen) calendar days from the date of its receipt, notify the claimant in writing of the results of consideration of the claim.

8.4. If it is impossible to resolve any dispute on a voluntary basis, either Party is entitled to file a lawsuit in the court at the location of the Website Administration to protect its rights provided for by the current legislation of the Russian Federation.

8.5. Any claim regarding the terms and conditions for using the Website shall be brought within 30 (thirty) calendar days after the ground for such claim arose, except for the copyright protection of the materials of the Website to be protected in accordance with the legislation. In case of violation of the provisions of this clause, any claim or ground for such claim shall be cancelled due to limitation of action period.

9. ADDITIONAL TERMS AND CONDITIONS

9.1. Nothing in this Agreement shall be understood as establishment between the User and Website Administration of agency, partnership, joint business, employment or any other relations, unless they are expressly provided for herein.

9.2. The Website Administration will not accept from the User any counter offers as for amendments hereto.

9.3. If any court would invalidate any provision of this Agreement or recognize it unenforceable, it will not entail invalidity of other provisions hereof.

9.4. This Agreement shall apply to all currently existing materials and services of www.a-electro.com Website, including any subsequent versions, modifications and additional services appearing on the Website upon their posting on the Website.

9.5. Inaction of the Website Administration in case of violation by any of the Users of the provisions hereof shall be without prejudice to the right of the Website Administration to take appropriate actions later for protection of its interests and copyright of the Website materials to be protected in accordance with the legislation.

9.6. The current version of the User Agreement is available on the Legal Information page at www.a-electro.com.

Version 1.0 Published on ______________, 2020