TERMS OF USE
In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is an offer by the site administration, addressed to a limited circle of persons who have accepted this agreement.
In accordance with Article 438 of the Civil Code of the Russian Federation, authorization on the site is an acceptance of this offer (unconditional acceptance of the terms of this Agreement and an expression of agreement with all the terms of this Agreement).
This User Agreement is developed in accordance with the requirements of the legislation of the Russian Federation and is aimed at regulating the relationship between the Site Administration and the User, determining their basic rights, duties and responsibilities.
1. TERMS AND DEFINITIONS USED IN THE AGREEMENT
1.1. The following terms and definitions are used in the text of this User Agreement:
1.1.1. Site Administration — TransBalkInspection Limited Liability Company (TBI LLC), TIN 2315143599, legal address: 353905, Russia, Krasnodar Region, Novorossiysk, ul. Mira, d. 3, of. 407, tel. +7 (8617) 60-12-60.
1.1.2. Account — the totality of all available information about a person registered on the Site: a unique name (login and password to access the Site), as well as any other information posted by him on the Site. The account is created by the Site Administration upon registration of the User on the Site and is an integral part of the Site. When creating an Account, it is assigned a unique ID number. An Account cannot be sold, bought, transferred, or performed any actions with it, as a result of which it ceases to be used by the User of this Account.
1.1.3. LogisticOS is a software product in the form of an analytical platform, which is an operational system for analyzing and providing information on monitoring the movement of various types of cargo in Russian sea ports, developed by TBI LLC.
The right to use the LogisticOS is granted on the basis of a license agreement.
1.1.4. User — an individual or legal entity (resident or non-resident of the Russian Federation) who posted his personal information through authorization on the Site in order to gain access to the LogisticOS.
1.1.5. The site is the result of the intellectual activity of TBI LLC, which is a composite work located in the information and telecommunication network under a specific network address and including computer programs that ensure its operation, graphic solution (design), content (text information), placed on it, as well as other results of intellectual activity, in particular photographic images, videos, etc.
1.2. Terms and conditions not defined in clause 1.1 may be used in the User Agreement. of this User Agreement. In these cases, the interpretation of the terms is made in accordance with the text and the meaning of this Agreement. In the absence of an unambiguous interpretation of the term in the text of the User Agreement, one should be guided by the interpretation of the terms: first of all, as defined on the Site, and secondly, in accordance with the civil legislation of the Russian Federation.
2. SUBJECT OF THE AGREEMENT
2.1. The site administration provides the User with the right to use the Site, including:
— the right to read information posted on the Site in the public domain;
— the right to use the free service available on the Site;
— the right to search for information available on the Site;
— the right to use the functional and technical capabilities of the Site under a license agreement.
2.2. A prerequisite for providing the User with the right to use the Site in accordance with the Agreement is the acceptance, compliance with it and application to the relations of the Parties of the requirements and provisions defined by this Agreement.
2.3. The site administration reserves the right to independently change the terms of this Agreement without agreement with the User, but with the notification of the latter by posting a new version of the Agreement on the Site. The user undertakes to independently monitor changes in the User Agreement. If this obligation is not observed, the responsibility, as well as all negative consequences, are assigned solely to the User. The new version of the Agreement comes into force from the moment of publication on the Site, unless a different deadline for the entry into force of the changes is determined by the Administration when they are published. The current version of the Agreement and all its annexes is publicly available on the Site at: https://logisticos.org/oferta/.
2.4. The site administration does not guarantee that the information posted on the Site does not contain errors and / or other inconsistencies.
2.5. By accepting the terms of this Agreement, the User agrees to receive information, advertising and other types of newsletters from the Site Administration to his e-mail address. The user has the right to unsubscribe from mailing, asking to remove his email address from the subscription database to the site Administration through the «Contacts» section.
After the administration of the site receives such a request, the User’s email address will be deleted from the database within 48 hours.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Rights and obligations of the Site Administration:
3.1.1. The site administration is obliged:
— provide the User with the right to use the Site by receiving information on the monitoring of movement (import, export) of various cargoes (cereals, legumes, oilseeds and their processed products, coal, vegetable oils, etc.) in Russian ports, provided in the following section:
— by mode of transport;
— to senders;
— transshipment point (for ports);
— volumes;
— date of export.
3.1.2. The site administration has the right:
3.1.2.1. In case of violation by the User of the terms of the Agreement:
a) refuse to execute this Agreement;
b) block the User’s access to the Account;
c) make changes to the technical equipment and computer code of the Site, namely: install additional applications, tools, etc .;
h) to collect, store, systematize and use information about the activities of the User on the Site, in particular, statistics on visits to the Site, services provided, etc.
3.1.2.2. To carry out preventive work in the hardware and software complex of the Site with a temporary suspension of the Site, minimizing the time of inoperability of the Site, notifying the user of preventive work if technically possible.
3.2. Rights and obligations of the User:
3.2.1. User agrees:
3.2.1.1. Comply with the terms of this Agreement.
3.2.1.2. Provide accurate, current, complete and relevant information, as well as update registration data and other information that was provided during registration to ensure its accuracy, relevance and completeness.
3.2.1.3. Do not transfer your username and password to third parties to use the Site. If this obligation is not observed, the responsibility, as well as all negative consequences, are assigned solely to the User.
3.2.1.4. Do not use automated scripts (programs) to collect information or interact with the Site or the services provided by the Site.
3.2.1.5. Compensate the Site Administration for all losses and expenses that the Site Administration incurred as a result of the User’s violation of the provisions of this Agreement.
3.2.2. The user has the right to:
— use for their own, including commercial purposes, the information received on the Site;
— use a free service (test access — for a period of up to 7 days) posted on the Site;
— use all or part of the paid services, paying for them under a license agreement.
3.2.3. The information received by the User by providing test access to the Logistic OS operating system is for informational purposes only and cannot be used as evidence in arbitration, arbitration and other legal proceedings, in resolving other contentious issues. Information data from the test access of the Logistic OS operating system cannot be used by the User in open information resources and other media, the Internet and / or transferred to third parties in any other way.
4. USE OF THE SITE
4.1. To create a User account, the Site Administration uses the data provided by the User. After registering the account, the Site Administration sends the User a username and password. To start working with the Site, the User must enter a username and password on the authorization page.
4.2. In free access, the User can view the basic functionality of the Site.
The user is aware that in order to gain access to the full version of the Site, it is necessary to conclude a License Agreement and pay a fee, the amount and method of which will be specified by the Site Administration.
At the same time, the provisions of this Agreement apply to the relations of the parties under the License Agreement to the extent that it does not clearly contradict its terms.
5. INTELLECTUAL PROPERTY
5.1. The design and program code of the Site, information, graphic, audio, video, photo and other content of the Site are the intellectual property of the Site Administration and are protected in accordance with the legislation of the Russian Federation. No one has the right to reproduce, copy, modify, send, transmit or distribute in any way the posted materials.
5.2. In case of violation by the User of the provisions of clause 5.1. Of the Agreement, the Administration has the right to immediately take actions to block the Account.
6. RESPONSIBILITY OF PARTIES
6.1. The user is responsible for all actions committed by him on the Site, as well as for all actions committed on the Site by any other persons using his data.
6.2. The user is fully responsible for any actions resulting in damage to the Site Administration and / or third parties.
6.3. The Administration makes all possible efforts to ensure the normal functioning of the Site, however, it is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as possible losses resulting from:
6.3.1. User illegal actions aimed at violating information security or the normal functioning of the Site.
6.3.2. failures of the Site caused by errors in the code, computer viruses and other extraneous fragments of code in the software of the Site.
6.3.3. absence (impossibility to establish, terminate, etc.) of Internet connections between the User’s server and the Site server.
6.3.4. the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and / or the establishment by these entities of one-time restrictions that impede or make impossible the execution of the Agreement.
6.3.5. performance of work related to the operation of the Site, including the work specified in this Agreement.
7. SETTLEMENT OF DISPUTES
7.1. In the event of a dispute between the User and the Administration on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations between themselves and the use of the claim procedure.
7.2. Claim procedure for resolving disputes between the Parties is mandatory. Claims of the Parties are accepted and considered only in writing and in the manner prescribed by this Agreement and the legislation of the Russian Federation.
7.3. To resolve disputes arising between the Parties, the following complaint procedure shall apply:
The claim is considered to be duly addressed if it is made in writing, signed by an authorized person and sent to the postal and / or email addresses of the Parties. The party receiving the claim is obliged to consider it and respond on the merits no later than 10 (ten) business days from the date of its receipt. The date of presentation / receipt of the claim shall be the date of the postmark’s stamp of acceptance of the letter of claim or the date of receipt of the report on the delivery of the claim sent by e-mail. The response to the claim must be sent in writing to the mailing address or email address.
7.4. Disputes of the Parties that are not resolved through negotiations shall be resolved in the manner prescribed by applicable law. The law of the Russian Federation shall apply to relations of the Parties.
7.5. A dispute arising from the relations of the Parties may be referred to the court for resolution after the Parties take measures for pre-trial settlement after 10 (ten) business days from the date of the claim.
7.6. To resolve technical issues in determining the guilt of the User as a result of his illegal actions when using the Site, the Site Administration has the right to independently attract competent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of the examination.
8. PERSONAL DATA
8.1. The user, as the subject of personal data, provides the Site Administration with his personal data.
8.2. The processing of personal data includes the performance of actions provided for in paragraph 3 of the first part of Article 3 of the Federal Law of July 27, 2006 No. 152-FL “On Personal Data”, including, but not limited to: collection, systematization, accumulation, storage, updating, amendment , use, depersonalization, blocking, destruction, as well as the implementation of any other actions with personal data.
The purposes of the collection, as well as the main activities in the field of processing and protection of personal data, are described in more detail in the Privacy Policy of the Site Administration, available for review at https://logisticos.org/policy/.
9. ENTRY INTO FORCE AND OTHER PROVISIONS
9.1. The Agreement shall enter into force for the User from the moment of publishing the Agreement on the Site, and for all other persons who at the time of publication of this Agreement are not yet Users — from the moment of acceptance of this offer. The acceptance (unconditional acceptance of the terms of this Agreement) of this offer is considered to be the person authorizing on the Site by filling out the authorization form and expressing consent to the terms of the Agreement by clicking on the “Log in” button located on the Site page with the authorization form.
9.2. The agreement is concluded for an indefinite period and is valid until the User’s data is deleted from the Site.
9.3. The user undertakes to independently familiarize himself with the terms of the Agreement. If the User does not agree with the terms of this Agreement, then he must immediately refuse to use the Site by sending a written notice to the Site Administration to refuse to use the Site, otherwise, continued use of the Site means acceptance of the terms of the Agreement.
9.4. Correspondence related to the execution of this Agreement may be sent by post, fax or electronic communication. Documents transmitted by fax and e-mail are recognized subject to the availability of hardware marks on the date and time of sending, the name of the organization / individual and the number affixed by the fax machine, and the signatures of the authorized representatives of the Parties in such correspondence are valid with their own hands, which does not exempt the Parties from the subsequent provision of original documents. This correspondence, transmitted by facsimile and / or electronic (Internet) communication with the seals and signatures of authorized persons before the exchange of the originals by the Parties, has the same legal force as the originals, which, if necessary, will be evidence in court.
9.5. Issues not regulated by the Agreement and the documents specified in the Agreement shall be resolved in accordance with the legislation of the Russian Federation.