User Agreement
User Agreement for the use of materials and services of the website promokodus.com
St. Petersburg
Edited July 1, 2017
This Agreement (hereinafter referred to as the Agreement) is a public offer and defines the conditions for the use of materials and services posted on the Internet site at promokodus.com by Users of this Internet site.
The Agreement comes into force from the moment the User expresses consent to its terms in the manner provided for in paragraph 2.1 of the Agreement.
1. Concepts and terms of the agreement
For the purposes of this Agreement, basic concepts are used.
1.1. Website – a set of interconnected static and dynamic pages of the Platform containing text data, pictures, videos and other digital information, united under the address https://promokodus.com on the Internet and on its subdomains.
1.2. Platform – a service of discounts, promotions and offers, which is an electronic catalog containing the ability to access Information. In this case, familiarization with the Information, as well as access to it, is carried out by Users directly on the Advertisers’ websites.
1.3. Information – information about the goods, works and services sold by Advertisers, the terms of sale by Advertisers of the above goods, works and services, as well as discounts, including on the Platform’s promotional codes, various promotions and sales that take place on the Advertisers’ websites.
1.4. Advertiser – any individual or legal entity that is the owner of a website on the Internet and sells its goods (work, services), including using the Platform, by providing the Platform with information about the goods and services being sold, and the terms of sale of the above goods and services, as well as discounts, including promo codes of the Website, various promotions and sales that take place on the Advertiser’s websites.
1.5. User – any person who has access to the Website via the Internet. The User can also use the materials and services of the Website and receive the services declared by the Website.
1.6. Personal data – any information relating directly or indirectly to the User, including his name, surname, telephone number, email address, residential address and any other data.
1.7. Account – a set of data about the User that is stored in a computer system. Necessary for identifying a participant (authentication) and providing access to his personal data and settings.
1.8. Website Administration – employees authorized by the Website owner to manage the Website, acting on behalf of the Website owner.
2. Terms of use of the site (platform) by users. Validity of the agreement
2.1. The User uses the Website and Platform voluntarily. By accessing the materials and services of the Website or starting to use any service, the User is considered to have unconditionally acceded to this Agreement, and is also considered to have read and agreed to the Personal Data Processing Policy when performing one of the above actions. The use of materials and services of the Website is permitted only subject to unconditional adherence to this User Agreement.
In case of disagreement with the terms of the Agreement, the User has no right to use the services of the Website and must immediately stop using the materials and services of the Website.
2.2. This Agreement is concluded for an indefinite period.
2.3. The User guarantees that he is fully capable, his/her age is 18 years or older.
2.4. The User uses the Website and Platform for free, without charging any fees.
2.5. In order to use some services of the Platform, the User must provide information such as name, email address, and other data. User data provided by the User is stored and processed in accordance with the Personal Data Processing Policy.
The User undertakes to provide accurate and complete information about himself on the questions asked in the registration form, and to keep this information up to date. If the User provides incorrect information or there is reason to believe that the information provided by the User is incomplete or unreliable, the Website Administration has the right, at its discretion, to block or delete the User's account and refuse the User to use its services.
2.6. The User agrees to receive any informational and advertising messages, including by email and through push notifications.
The User has the right to refuse to receive such messages by notifying the Website Administration in one of the following ways:
- by sending a corresponding application by email to support@promokodus.com by clicking on the appropriate link in the email;
- by disabling the corresponding push notifications in the settings of the browser (or other program through which services are accessed).
The Website Administration has the right to use Cookies technology. The user agrees to the collection, analysis and use of cookies, including by third parties, for the purposes of generating statistics and optimizing advertising messages. The user agrees to have the identifier added to his cookies.
2.7. The Platform is not intended for the purchase or sale of goods and services by the User. The Platform provides the User only with the opportunity to access Information. In this case, familiarization with the Information, as well as access to it, is carried out by the User directly on the Advertisers’ websites.
A link (in any form) to any website, product or service, as well as any information of a commercial or non-commercial nature posted on the Website does not constitute an approval or recommendation of these products (services, activities) by the Website Administration.
Information about goods and services sold by Advertisers is provided by Advertisers, is publicly available on Advertisers’ websites or is transmitted in written form via emails or other electronic communication channels, as well as using programs (tools) for instant messaging (messengers).
The transfer of data on goods and services sold by Advertisers to the Platform and to Users occurs without changes or additions by the Website Administration. The exception is changes made by the Website Administration to ensure the technological process of transferring material.
The Website Administration is not the initiator of the transfer of Information about goods and services sold by Advertisers and does not determine the recipient of the specified material.
The User independently (on his/her own initiative) gains access to Information about goods and services sold by Advertisers.
2.8. The Website Administration does not check the Information provided by Advertisers for violations of copyright and other related rights.
2.9. The use of the Platform’s services is possible only within the scope of functionality. Services and materials cannot be used in any other way without the prior permission of the Website Administration.
2.10. Users do not have the right to use the Website (including the Platform) for commercial purposes, unless such use is agreed in writing with the Website Administration.
2.11. Users undertake not to use the Platform unauthorized, for purposes contrary to the law, and (or) in violation of the terms of this Agreement. The user agrees not to take actions that may be considered as violating Russian legislation, international law (including in the field of intellectual property, copyright and (or) related rights) or generally accepted standards of morality and morality, as well as any actions that lead or may lead to disruption of the normal operation of the Website and Website services.
2.12. The user can leave links to any page of the Website, thus providing relevant and correct information, without breaking the law, without harming the reputation of the Website and without using the above information for personal gain or profit. The User undertakes to provide links without implying or claiming that he has received approval from the Website Administration for such type of activity, and also without associating such type of activity with the Website Administration (Website, Website). When quoting materials from the Website, a link to the Website is required.
2.13. The User undertakes not to harm the Website (Platform) through any types of viruses, Trojans, "worms" (self-replicating virus programs), “logical bombs” (data corruption programs), DDoS attacks or any other means that may cause technical or other damage. The User undertakes not to attempt to gain unauthorized access to the Website (Platform), to the server on which the Website is located, or to any other server, computer or databases associated with the Website. User must not use manual or automated software, devices, scripts, robots or other tools or methods to access, scrape, crawl, or spider any pages contained on the Website.
2.14. The User is independently responsible to third parties for his actions related to the use of the Platform, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Platform.
2.15. When using the Website, the User has no right to unauthorized collection and storage of personal data of other persons.
2.16. Nothing in the Agreement can be understood as the establishment between the User and the Website Administration of agency relations, partnership relations, joint activity relations, personal employment relations, relations for the acquisition of goods (work, services) or any other relations not expressly provided for in the Agreement.
2.17. All actions under the User's account are considered to be carried out by the User himself, except for cases when he notified the Website Administration about unauthorized access to his services using his account.
3. Website administration rights
3.1. The Website Administration has the right to establish restrictions on the use of the Website for all Users or for certain categories of Users.
3.2. The Website Administration has the right to send informational and advertising messages to registered Users, including by email, as well as through push notifications.
3.3. The Website Administration may suspend the operation of the Website at any time without giving reasons. At the same time, the Website administration does not bear any responsibility for any inconvenience caused by delays of this kind.
3.4. The Website Administration reserves the right to change the Website, delete any section of it, any applications on the Website without giving reasons and without any prior notice to the User.
3.5. If the Website Administration, at its discretion, considers that the User is using the Website unauthorized, for purposes contrary to the law, and (or) the use of the Website by the User violates this Agreement, the Website Administration reserves the right to take any measures that it deems necessary, including termination of the session use of the Platform without warning and (in case of illegal use) appeal to the court.
3.6. The Website Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force from the moment the new version of the Agreement is posted on the Website on the Internet.
If the User disagrees with the changes made, he is obliged to refuse access to the Website and stop using the services of the Website.
4. Warranty disclaimer, limitation of liability
4.1. The User uses the services of the Platform at his own risk. Services are provided as is. The Website Administration does not assume any responsibility, including for the compliance of the Website services with the User’s goals.
The User does not have the right to demand from the Website Administration, as well as from other persons, to make changes and additions to this Agreement, to the technical settings of the Website, to certain materials and services of the Website (Platform).
4.2. The Website Administration is responsible only to the extent and in those cases stipulated by this Agreement, as well as only for the actions (or inaction) of the Website employees if the Website Administration is at fault.
4.3. The Website Administration is not responsible and has no direct or indirect obligations to the User in connection with any possible or occurred losses or damages associated with any content of the Website, copyright registration and information about such registration, goods or services available on external sites or resources or received through them, as well as for other contacts the User entered into using information posted on the Website or links to external resources.
4.4. The User agrees that the Website Administration does not bear any responsibility and does not have any obligations in connection with advertising that may be posted on the Website.
The Website contains links to other sites on the Internet (third party sites). These third parties and their content are not checked by the Website Administration for compliance with any requirements (reliability, completeness, legality, etc.). The Website Administration is not responsible for any information, materials posted on third party sites that the User accesses using the services, including advertising, as well as for the availability of such websites or content and the consequences of their use by the User.
4.5. The Website Administration does not guarantee that the services meet or will meet the User’s requirements, the services will be provided continuously, quickly, reliably and without errors; that the results that may be obtained from the use of the services will be accurate and reliable and can be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); that the quality of any product, service, information, etc., obtained by using the services will meet the User’s expectations.
4.6. Any materials and (or) information that the User gains access to using the services of the Website may be used by the User at his own peril and risk. The User is solely responsible for the possible consequences of using the specified materials and (or) information, including damage that this may cause to the User’s computer or third parties, loss of data or any other harm.
4.7. The Website Administration is not responsible for any types of losses resulting from the User’s use of the Website services. Under any circumstances, the responsibility of the Website Administration in accordance with Art. 15 of the Civil Code of the Russian Federation is limited to 1000 (one thousand) Russian rubles and is assigned to the Website Administration if there is guilt in its actions.
4.8. The Website Administration is not responsible for:
- Information about the Advertiser’s goods and services posted on the Platform;
- goods and services provided by Advertisers’ websites that are posted in the catalogue;
- causing any type of damage to the User by the Advertiser;
- termination of the Advertiser’s work;
- false information about advertising offers;
- losses incurred by the User in connection with the unlawful use of personal data.
4.9. Any demands or claims regarding goods services, information on promotional offers, promo codes, discounts of the Advertiser should be sent directly to the Advertiser.
4.10. The Website Administration undertakes to remove from the Website materials (information) that violate the intellectual rights of third parties, if it receives a written statement from the copyright holder about a violation of intellectual rights indicating the site page and (or) network address on the Internet on which such material is posted. This deletion is carried out no later than 7 (seven) working days from the date of receipt of the copyright holder’s written application.
5. Other conditions
5.1. Use of the Website is governed by this Agreement, the Personal Data Processing Policy, as well as the legislation of the Russian Federation on all issues not regulated by this Agreement or the Personal Data Processing Policy.
5.2. Due to the gratuitous nature of the services provided within the framework ah of this Agreement, the norms of legislation on the protection of consumer rights provided for by the legislation of the Russian Federation cannot be applied to the relationship between the User and the Website Administration.
5.3. The parties will try to resolve any disputes that arise through negotiations. If no agreement is reached, the dispute will be referred to a judicial authority in accordance with the legislation of the Russian Federation in force at the time the dispute arose. The user has the right to submit a dispute to a judicial authority only after sending a written claim to the Website Administration, which must be considered by the Website Administration within 1 (one) month from the date of receipt.
5.4. If for one reason or another one or more provisions of this Agreement are found to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of the Agreement.
5.5. Inaction on the part of the Website Administration in the event of a violation by the User or other Users of the provisions of the Agreement does not deprive the Website Administration of the right to take appropriate actions to protect its interests later, and also does not mean that the Website Administration waives its rights in the event of subsequent commission of similar or similar violations.
5.6. All information, claims and notifications within the framework of the execution of this Agreement are sent by the User to the Website Administration by sending an email to support@promokodus.com.