(Agreement-offer)
These General Terms and Conditions of Use of the Site (hereinafter – the Terms of Use) are an electronic agreement between you (hereinafter – the “User”) and LLC “YUG-GAZ”, relating to the use of https://old.ug-gaz.com/ (hereinafter – the Site), any services, products and content provided by LLC “YUG-GAZ” (hereinafter – Services).
These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to follow the Site and use the services, products and content of LLC “YUG-GAZ”.
Please read these Terms of Use carefully before agreeing to them. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of LLC “YUG-GAZ”.
These Terms of Use incorporate Privacy Policy as well as any other policies published on the means on site by reference. So, by accepting these Terms of Use, the User agrees with and accepts all the policies published on the Site. These Terms of Use are developed jointly by LLC “YUG-GAZ”. In case of differences between English and Ukrainian texts of these Terms of Use, Ukrainian text shall prevail.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS TO THIS SITE AND SHOULD NOT USE ANY SERVICES, PRODUCTS AND CONTENT OF LLC “YUG-GAZ”.
1. THE USER’S RIGHTS AND RESPONSIBILITIES
1.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
1.2. The User undertakes to read the entire Terms of Use carefully before using Site or any of the services provided by LLC “YUG-GAZ”.
1.3. The User undertakes to comply with any and all relevant provisions of laws, regulations and legal acts relating to the use of the Services.
1.4. The User undertakes to immediately (i.e. right after the moment of discovery) inform LLC “YUG-GAZ” about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and LLC “YUG-GAZ” will have the right to take any further steps accordingly, including but not limited to report to the relevant state authorities.
1.5. The User undertakes to notify LLC “YUG-GAZ” immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to [email protected].
Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by LLC “YUG-GAZ” or any User of the Site.
1.6. From the time of receipt of the relevant message from the User the LLC “YUG-GAZ” has two hours to find out the cause of the security breach and / or to block the Account or change of the User’s representative. Within these two hours of Business Day during which the User has submitted the relevant notification to the Exchange, the User is responsible for any activity performed through his Account.
1.7. The User undertakes not to use the Service and Site to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
1.8. The User is responsible for any and all damages caused and all liability actions brought against LLC “YUG-GAZ” for infringement of any third party rights or violation of any applicable laws.
1.9. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by law or any other liability which may not be limited or excluded by law.
2. THE USER’S REPRESENTATIONS AND WARRANTIES. ACCESS TO THE SITE
2.1. Each User which have received the link to the Site shall pass through registration process. The information which provided by the User at authorization must be true and correct.
2.2. If you change the data specified in time of authorization on the Site, the User agrees to notify LLC “YUG-GAZ” of such changes within 5 (five) working days.
2.3. The User undertakes not to use compromised QES (Qualified electronic signature). In case of compromising QES, immediately suspend the electronic signature certificate and notify LLC “YUG-GAZ”.
3. LLC “YUG-GAZ’S” RIGHTS AND RESPONSIBILITIES
3.1. LLC “YUG-GAZ” has the right to suspend the User’s Account and block all Instruments, Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.
3.2. LLC “YUG-GAZ” undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.
3.3. LLC “YUG-GAZ’S” responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Instruments transferred.
3.4. To the extent permitted by law, LLC “YUG-GAZ” is not responsible for any damages, loss of profit, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by LLC “YUG-GAZ”.
3.5. LLC “YUG-GAZ” is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our Site is unavailable at any given time.
3.6. In the case of fraud, LLC “YUG-GAZ” undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be blocked / suspended at any time at the request of any competent authority investigating a fraud or any other illegal activity.
3.7. Nothing in these terms excludes or limits the responsibility of LLC “YUG-GAZ’S” for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law
4. LLC “YUG-GAZ’S” REPRESENTATIONS AND WARRANTIES
4.1. LLC “YUG-GAZ’S” provides access to the Site and the Service with the necessary care and professional level in accordance with these Terms of Use.
4.2. LLC “YUG-GAZ’S” reserves the right to disclose information about LLC “YUG-GAZ’S” Users to third parties without the prior consent of the User at LLC “YUG-GAZ’S” own discretion, including for the purpose of publishing the data on Site.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Site, all content on this Site is the property of LLC “YUG-GAZ’S” and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
5.2. The trademarks, trade names, service marks and logos of LLC “YUG-GAZ’S” and others used on the Site (hereinafter the “Trademarks”) are the property of LLC “YUG-GAZ’S” and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to LLC “YUG-GAZ”. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other website or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
5.3. You as a User will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the Site to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of use or agreements with LLC “YUG-GAZ”.
5.4. LLC “YUG-GAZ” supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected].
6. THE USER VERIFICATION
6.1. Identification and verification procedures are required for authorization on Site.
6.2. The User undertakes to provide LLC “YUG-GAZ” with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.
6.3. The User hereby authorize LLC “YUG-GAZ” to, directly or indirectly (through third parties), make any inquiries we consider it necessary to check the relevance and accuracy of the information provided for verification purposes.
7. ACCOUNT MAINTENANCE
7.1. LLC “YUG-GAZ” is vigilant in maintaining the security of the Site and the Service. By registering on the Site, the User undertakes to provide LLC “YUG-GAZ” with current, accurate and complete personal information required by the registration process, and to update such information.
7.2. The User agrees that he / she will not use any Account other than his / her own, or access the Account of any other User at any time, or assist others to gain unauthorized access.
7.3. The User is responsible for maintaining the confidentiality of the information of his Account, including, but not limited to, their password, e-mail and more.
8. TERMINATION OF THE TERMS OF USE
8.1. The User may terminate the Terms of Use and close their Account at any time
9. ACCESS TO THE SITE
9.1. LLC “YUG-GAZ” will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and LLC “YUG-GAZ” is not liable for any disruption or loss the User may suffer as a result such failures and interruptions. Thus, LLC “YUG-GAZ” does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
9.2. LLC “YUG-GAZ” will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms of Use. LLC “YUG-GAZ” may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
10. NOTICES AND COMMUNICATION
10.1. LLC “YUG-GAZ” reserves the right to send notices to, and communicate with the User by any means of communication available to LLC “YUG-GAZ”, considering the contact details provided by the User.
10.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. These Terms of Use shall be governed by and construed in accordance with the laws of Ukraine, unless otherwise expressly provided. The relations arising in connection with joining of Site the Terms of Use are governed by the substantive law of Ukraine. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
12. LIMITATION OF LIABILITY
12.1. IN NO EVENT SHALL LLC “YUG-GAZ”, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND ALL THIRD PARTY BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THE SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE, (III) THE SERVICES FOUND AT SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT LLC “YUG-GAZ” IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES FOUND AT THE LLC “YUG-GAZ”, SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
13. INDEMNITY
13.1. The User agrees to protect, defend, indemnify and hold harmless LLC “YUG-GAZ” and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by LLC “YUG-GAZ” directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on the Site.
14. MODIFICATIONS AND AMENDMENTS
14.1. LLC “YUG-GAZ” reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the corrected / changed version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that LLC “YUG-GAZ” shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use. Active Users have one month after entrance into force any amendments or modifications to bring contractual relations with LLC “YUG-GAZ” in accordance with the new Terms of Use. If the contractual relationship is not brought into compliance with the new Terms of Use during 1 calendar month, LLC “YUG-GAZ” has the right to suspend the activity of the User on the Site and temporarily block his Account.
15. FORCE MAJEURE
15.1. If LLC “YUG-GAZ” is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, LLC “YUG-GAZ” will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
16. LINKS TO THIRD-PARTY WEBSITES
16.1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by LLC “YUG-GAZ”. LLC “YUG-GAZ” assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, LLC “YUG-GAZ” does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release LLC “YUG-GAZ” from any and all liability arising from the User’s use of any third-party website. Accordingly, LLC “YUG-GAZ” encourages the User to be aware when the User leaves this Site or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.
CONTACT US
If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please, contact [email protected]