Terms of Service Agreement for the Website arc.ua

(This is a translation of a standard Ukrainian User Agreement. Buckle up — it’s going to be an interesting ride!)

The parties of the Terms of Service Agreement for the website www.arc.ua (hereinafter referred to as “the Agreement”) are the LLC UM (hereinafter referred to as “the Publisher”) and the person, organization, or legal entity, that accepts the terms of the Agreement (hereinafter referred to as “the User”).

The Agreement is publicly available and published along with its Appendices at https://arc.ua/legal-agreement.

The publication of the Agreement and its Appendices on the website is recognized by the Publisher as an offer to enter into the Agreement with any legal entity, organization, or person, who has reached the age of 18. By publishing the Agreement, the Publisher proposes to the previously described parties the following terms and conditions:

1. DEFINITION OF TERMS:

Website — all of the web pages created and made accessible on the Internet under the domain www.arc.ua, and contain specifically, but not limited to, Content, works protected by intellectual property laws, and any other information or materials.

Content — texts, materials, research, photographs, audio files, video files, written, graphic, audiovisual, or any other materials produced by the Publisher and/or any third parties, which are published on the Website for access by the User.

Personal Profile — the personal profile (credentials) are created by the User upon registration onto the Website or automatically if the User agrees to share the personal information through third parties such as the Payment System, Google, Facebook, or other third parties, for the purpose of accessing the Website according to the terms and conditions of this Agreement

User Registration — information provided by the User upon registration onto the Website, including but not limited to their name, email, contact telephone number, and any other information given by the User to the Website.

Access to the Website — the subject of this Agreement and is granted by the Publisher under the specific terms and conditions of this Agreement.

Donation — full access to all of the Content on the Website is at no cost. A Donation is voluntarily provided by the User one time or monthly according to the type of Donation chosen by the User. All Donations go to the NGO Arc.UA which is a registered charity in Ukraine according to Ukraine’s Tax Authority with a tax exempt №1926564600218 from 04.12.2019.

Automatic Donation Renewal — automatic renewal of Donations when the previously paid Donation expires.

Payment System — the financial agent who accepts payment from the User on behalf of the Publisher according to the Law of Ukraine “On Payment Systems and Transfer of Funds.”

2. PROCEDURE FOR ENTERING INTO AND TERMINATING THE AGREEMENT

2.1 The terms of the Agreement are endorsed by the implicit actions of the User, and this endorsement is considered a complete and unconditional acceptance by the User of all the terms of the Agreement, with no exceptions and/or restrictions, and is legally equivalent to a written Agreement between the two Parties, binding from the moment of acceptance by the User.

2.2 The User accepts the terms of the Agreement the moment they open the site or register as a User for access to the Content on the Website, or from the moment they indicate their acceptance of the terms of the Agreement by checking off the appropriate box in the process of registering on the Website.

2.3 This Agreement goes into effect immediately upon its acceptance by the User (according to the conditions described in 2.1 and 2.2 above) and remains in effect for the entire length of time the Parties are responsible for fulfilling their obligations according to the Agreement.

2.4 The Agreement may be terminated by either Party in the event of non-performance by the other Party of the obligations put forth in this Agreement. If the User initiates the termination, the User should send an email to the Publisher at [email protected], and if the Publisher initiates the process, the Publisher should send an email to the User at the email address indicated by the User during the registration process, with the subject “Termination of the Service Agreement,” at least 15 days prior to the planned termination.

2.5 The Publisher has the right to refuse to fulfill its obligations to the User as set forth in the Agreement by implementing the actions described in Section 2.4 of the Agreement, and in doing so is released from refunding any donation made by the User, and in the event of any costs being incurred by the User during the termination of this Agreement — the Publisher has no obligation to reimburse the User for these costs.

2.6 The refusal of the User to fulfill their obligations as put forth by this Agreement (termination of the Agreement initiated by the User) is also considered the User’s forfeiture of access to the Website provided to the User under the terms of this Agreement.

3. TERMS OF USE OF THE WEBSITE

3.1 Registration of the Personal Profile

3.11 To use the Website, the User may choose to complete the registration form and create a Personal Profile on the Website, providing the necessary Registration Data or the Registration Data may be provided automatically if the User agrees to share the personal information through third parties such as the Payment System, Google, Facebook, or other third parties. The User agrees to provide accurate information during the registration process and while using the Website, and agrees to update the Personal Profile to maintain accurate and up-to-date information in the Profile. The User agrees the Publisher may store and use the Registration Data in the process of providing access to the Content of the Website.

3.1.1 The User is responsible for not revealing the information contained in their Personal Profile to any Third Parties and takes personal responsibility for safeguarding the confidentiality and security of their Personal Profile, and for all activities that occur with and are related to their Personal Profile, and the User agrees to immediately inform the Publisher of any security breach regarding their Personal Profile. The Publisher is not responsible for any costs or damages resulting from the unsanctioned use of the User’s Personal profile.

3.1.2 You must be 18 years of age or older to create a Personal Profile. For anyone below the age of 18, the Personal Profile may be created by their parent or legal guardian.

3.2 Types of Content on the Website

3.2.1 The Content on the Website is the property of the Publisher. The Publisher monitors the Content for accuracy and completeness.

3.2.2 The Publisher aspires to provide Content that contains accurate and complete information, but occasionally errors may occur. If this happens, we ask you inform us about any inaccuracies or errors you find on the Website by writing an email to [email protected].

3.2.3 The Publisher agrees to review the claim of inaccuracy or error in the Content as soon as is reasonably possible and inform the responsible parties if an error or inaccuracy is confirmed.

3.2.4 The User agrees that any inaccuracies or errors in the Content on the Website do not negatively impact the quality of providing access to the Website and do not constitute a reason to obtain a refund or a discount on the Donation.

3.3 Providing access to the Website

3.3.1 The Website contains Content, access to which is granted at no cost or after the registration of a Personal Profile is completed as specified by the appropriate pages of the Website. The type of Content available and the conditions governing access to the Content (including but not limited to paid or unpaid access) are designated at the Publisher’s sole discretion.

3.3.2 Access to unpaid Content is available at no cost or after creation of a Personal Profile on the Website.

3.3.4. No bank details or any other financial data that may be requested by a Payment System during the process of any payment, is accessed or stored by the Publisher. The payments are processed by Payment Systems and/or web interfaces of financial institutions according to the terms and conditions of the providers of those services.

3.4. Terms of Service related to access to the Content on the Website

3.4.1. Access to the Content on the Website is granted under the following conditions:

3.4.1.1. The User is granted access to the Content for their own personal non-commercial use.

3.4.1.2. The Content cannot be copied, saved, stored or downloaded to a disk or any other data storage device by the User, and cannot be shared by the User on the Internet.

3.4.1.3. The User is allowed to use the Content online only, while viewing the Website.

3.4.1.4. The User cannot grant access to the site to any third parties.

3.4.1.5. The User cannot break the programming code and/or interfere in any way with the programming of the Website, and cannot use the Website for any illegal purposes.

3.4.2 The Publisher has the right to block access to the Website without refunding any Donations for any breach of the terms of this Agreement and/or the Terms and Conditions for Access to the Website.

3.4.3 The Publisher has the right to change/delete/add to the Content without notification prior to nor after the changes are made.

4. TYPES OF SUBSCRIPTIONS AND FEES

4.1 Full access to all of the Content of the Website is free of charge.

5. AUTOMATIC DONATION RENEWAL

5.1. Users, who have chosen monthly Donations described in the Agreement understand and agree to the automatic renewal of the Donation for the next time period (Autorenewal of Donation). The automatic renewal of Donation will continue until the User requests to cancel the Donation by informing the Publisher at [email protected].

5.2. This service is considered canceled starting from the next donation period only under the condition that the User informs the Publisher of their desire to cancel the service no less than five working days prior to the end of the current donation period.

6. LIMITATION OF LIABILITY

6.1. The Publisher is not responsible for the interruption of access to the Website that occurs through no fault of the Publisher, and is not responsible for any losses or damages incurred to the User during such a temporary interruption of access to the Website.

6.2. From time to time the Publisher will perform technical maintenance on the Website, and although the Publisher is not responsible for informing the User about planned or unplanned technical maintenance, the Publisher will make an effort to inform the User about such instances. The Publisher is not responsible for any losses or damages that are incurred by the User during these kinds of interruptions of access to the Website.

6.3. The Publisher reserves the right to modify the terms of this Agreement, change the types of Donations and the fees associated with Donations, and all other terms and conditions of this Agreement, at its sole discretion, and without advance notice, by posting an updated version of this Agreement and/or other information related to this Agreement on the Website.

6.4. Any changes to the types of Donations and their fees will impact current Donations only after the date the changes have been posted on the Website.

7. MODIFYING THE AGREEMENT

7.1. The Publisher reserves the right to modify the terms of this Agreement, at its sole discretion, and without advance or subsequent notice to the User. The changes are effective on the day the modified Agreement is posted on the Website.

7.2. The current version of this Agreement can be found at https://arc.ua/legal-agreement.

7.3. The User understands and acknowledges that either agreeing to the terms and conditions of the Agreement or accessing the Website after the publication of the changes to this Agreement, indicates that the User has agreed to the modified terms of this Agreement. If the User does not agree with the modified terms and conditions of the Agreement, the User can terminate their relationship with the Publisher according to the process described in this Agreement, and User should terminate accessing the Website.

8. FORCE MAJEURE

8.1. Neither Party is responsible to the other Party for any losses or damages incurred due to the inability or lack of timeliness in fulfilling or not fulfilling the obligations of this Agreement, wholly or in part, if it is caused, wholly or in part, by situations, events or circumstances beyond the control of the Party and not preventable on the part of the Party. These situations, events and circumstances include, but are not limited to, natural disasters, strikes, lockouts, mass protests, military actions, earthquakes, fires and explosions. However, the inability to fulfill financial obligations by either Party is excluded from this list. The occurrence of a Force Majeure situation should be confirmed in writing by an official representative of the government in accordance with Ukrainian law.

9. LAWS GOVERNING THE AGREEMENT

9.1. The Agreement is subject to the laws of Ukraine and all disputes related to the Agreement are decided in the courts of Ukraine. The Parties agree that all which is not specifically regulated by this Agreement falls under the norms of current Ukrainian law.

10. SPECIFIC TERMS AND CONDITIONS

10.1. The Publisher pays taxes into the general tax fund on the profits of the LLC, as stipulated by Ukraine’s tax code. All Donations go to the NGO Arc.UA which is a registered charity in Ukraine according to Ukraine’s Tax Authority with a tax exempt №1926564600218 from 04.12.2019.

10.2. The User acknowledges that the Donation rendered according to this Agreement is lawful. The User asserts and acknowledges that they have personally rendered payment for the Donation given via the Login and Password created by the User in their Personal Profile on the Website.

11. PROTECTION OF PERSONAL DATA

11.1. In accordance with is Agreement and for the purpose of implementation of this Agreement the User provides the Publisher with personal information about themselves (Personal Data), through which the User can be identified pursuant to the “Law of Ukraine on Personal Information” dated 01.06.2010.

11.2. The Parties have agreed that the Publisher has the right to use the Personal Data strictly for implementation of this Agreement and only in other circumstances in accordance with Ukrainian Law.

11.3. The Publisher will use the Personal Data of the User strictly according to the laws of Ukraine, maintaining confidentiality and security of the information as required by Ukrainian law.

11.4. The User grants permission to the Publisher to use their Personal Data according to this section of the Agreement and pursuant to the laws of Ukraine, as well as to store the information in the User’s Personal Profile.

12. THE ADDRESS AND BANK INFORMATION FOR THE PUBLISHER LLC “UM” 

ERDPOU Code: 43951950

Address: 3 Kopernika St. Office 2004, Kyiv, Ukraine 04116

IBAN: UA073052990000026001036226634, PrivatBank Bank ID 305299.