(Information Services Agreement using the Service)
1. General provisions.
2. Terms and definitions applicable in the Agreement
For the purposes of the Agreement, the following terms shall be used as follows:
3. The subject of the agreement
3.1. This Agreement defines the terms and conditions of the Operator 's provision of Services to the User using the Operator 's Service.
3.2. Acceptance of the terms of this Agreement shall be the indication of acceptance of the terms of this Agreement in the registration field at the time of registration of the User.
3.3. The Operator 's Services shall be paid by the User in accordance with Section 6 of this Agreement.
4. Procedure and terms of Service provision.
4.1. Registration on the Website.
4.1.1. In order to access the Service, the User shall be obliged to join the terms of this Agreement upon registration of the User on the Site. The User 's acceptance of the terms of this Agreement at the time of User 's registration on the Site shall be the acceptance of this Agreement.
4.1.2. Registration of the User on the Site is carried out by filling in the corresponding registration form. When registering on the Site, the User enters the name, date of birth of the User, phone number, e-mail address and password, i.e. starts the account (Personal office).
4.1.3. The User undertakes to reflect in the registration form accurate, complete and accurate information about himself and keep this information up-to-date. Personal data shall be provided by the User in accordance with Section 7 of this Agreement.
4.1.4. The User agrees that it is his own responsibility to maintain the confidentiality of the Authorization Data associated with his Personal Office used to access the Site. The User also agrees that the User shall be solely responsible to the Operator for all actions taken when using his/her Personal Office.
4.1.5. In case the User becomes aware of any unauthorized use of his Authorization Data, the User shall promptly notify the Operator by contacting the Support Service.
4.1.6. The User undertakes not to post (and in case of placement — to be responsible in full) when registering on the Site the surname, first name, middle name, e-mail address, and other personal information of other Users or any third parties without their personal express consent to such actions.
4.2. General Rules for the Use of the Service
4.2.1. In order to use the Services provided by the Operator under this Agreement, the User shall pass the mandatory Application procedures specified in the Agreement.
4.2.2. In order to complete the Application, the User shall provide the Information in accordance with the requirements specified in Appendix No. 1 hereto. When forming the Application, the User has the right to choose the parameters of the desired loan: the amount, the term of the loan, as well as to set and change the method of the loan, within the limits established by the Operator.
4.2.3. The Request shall be completed by the User 's payment for the Services. The User shall pay for the services hereunder in the amount and manner set forth in Section 6 hereof.
4.2.4. Upon receipt of the Request, the Operator:
4.2.5. The Operator 's obligations under the Agreement shall be limited to the provision of Services related to the performance of intermediary activities in terms of analysis and selection of financial products (offers) of the Lenders meeting the requirements of the User. If the Lender provides a loan to the User, the Operator shall not be a party to the Agreement, Concluded between the User and the Lender, and accordingly does not regulate and control compliance of the transaction with the requirements of the law and other legal acts, Its terms and conditions, as well as the fact and consequences of the conclusion, performance and termination of the contract, including with regard to the repayment of the loan, and does not consider claims of the User concerning non-performance (improper performance) by the Lender of obligations under such agreement.
4.2.6. The Operator does not provide guarantees of loans by the Lenders when the User forms the Application, but only selects the most probable financing options (proposals) and sends the Application for consideration to the possible Lenders. The Lender shall decide on the loan. No information about the financial products (offers) of the Lenders provided by the Operator in the Report to the User is financial services offer.
4.2.7. The Operator shall maintain the User 24 hours 7 days a week. Actions of the Operator aimed at fulfilment of this Agreement performed not in automatic mode, shall be performed by the Operator on working days, which are such in accordance with the legislation.
5. Rights and obligations of the Parties.
5.1. Rights and obligations of the Operator:
5.1.1 The Operator shall provide the User with 24-hour access to the Site, as well as to the Personal Office using the Authorization Data.
5.1.2. The Operator shall have the right to check and pre-moderate the Information provided by the User.
5.1.3. The operator undertakes to consider all Applications and to provide Reports on them provided that each Application is completed by the User completely, the User got acquainted with conditions of the present Agreement.
5.1.4. The Operator shall inform the Users about changes (additions) of the terms of the Agreement by publishing a new edition on the Site.
5.1.5. The Operator may block the Personal Office of the User in case the User violates the rules of this Agreement.
5.1.6. The Operator shall have the right to suspend the operation of the Site and/or the Service, as well as hardware and software that ensure the interaction of the Parties within the framework of this Agreement, in case of detection of significant faults, errors and failures, as well as for the purpose of preventive maintenance and prevention of unauthorized access.
5.1.7. The Operator shall have the right to limit the amount of the loan to form the application for certain categories of Users. Limitations may be due, inter alia, to User 's use or non-use of Operator 's supplementary services. Specific restrictions provided for in this paragraph are specified on the Website.
5.2. Rights and obligations of the User:
5.2.1. The User shall comply with the rules of this Agreement.
5.2.2. The User shall provide reliable Information during registration on the Site and during further use of the Service.
5.2.3. The User shall not reproduce, repeat or copy, sell or resell, or use any part of the Service for any commercial purpose unless such permission is given in writing to the User by the Operator.
5.2.4. The User shall enter the Site using his Authorization Data at the same time from only one device.
5.2.5. The User shall independently and promptly consult the Site with information on the change of Tariffs and terms of this Agreement.
5.2.6. The User shall pay for the Services in accordance with tariffs, within the terms and conditions established by the Operator
5.2.7. The User shall have the right to file claims with the Operator and submit applications in the manner and cases provided for in this Agreement.
6. Cost of services and settlement procedure
6.1. The cost of Operator 's Services shall be set by Operator in Tariffs published on the Site.
6.2. The Operator shall have the right to unilaterally change (increase, decrease) completely or partially, to install new Tariffs, to cancel existing Tariffs. If the User does not agree with the modification (introduction) of the new Tariffs, the User may unilaterally refuse to execute this Agreement.
6.3. Payment of the fee shall be made by the User in accordance with the procedure stipulated for the relevant Tariff and published on the website in the section Tariffs. Another payment procedure is possible in accordance with the terms of the shares (special offer) at the moment of confirmation using the Request Service.
6.4.В case there are insufficient funds on the User 's Credit Card - the Operator shall provide the Service to the User according to the payment scheme, by means of the automatic debit of funds from the User 's Credit Card on the 5th day after the service is provided. The number of attempts by the Operator to charge funds from the Account card, if not successfully charged, cannot exceed 6 attempts.
6.5. The Operator 's services shall be paid with the use of a credit card on the Site (or by other means by prior agreement with the Operator, including the use of Internet technologies not contrary to the law).
6.6. When providing Services, the certificate of services provided shall not be formed or signed. The Services shall be deemed to have been properly provided and fully accepted by the User if, within one calendar day after the expiration of the period of the Services, the Operator has not received from the User reasoned written objections on the quality of the Services rendered to the [email protected] e-mail. The absence of any written comments within the prescribed time frame is considered to be a recognition of the proper quality of services.
6.7. Return of funds to the User shall be made only to the bank (payment) card with which the Operator 's Services were paid. In case, for any reason, the User is required to receive funds, not to the bank (payment) card, with which the Operator 's Services were paid, the User shall inform the [email protected] about it to e-mail and act according to the algorithm of actions presented by the Operator.
6.8. The User hereby understands and is fully aware that the Operator shall make a refund immediately after the Operator has made the relevant committee for the refund, and the final deadline for the refund depends on the participants of the respective payment transaction for the refund to the User.
6.9. The User has the right to cancel the paid subscription - to refuse the paid Operator 's Services. In order to cancel the paid subscription - to cancel the paid Operator Services, the User must perform one of the following actions:
A) follow the link specified in the e-mail with the login and password for entering the Personal Office and perform all necessary actions in this regard;
B) click on the «Unsubscribe» link available at the bottom of the main page of the Site, as well as in the Site Rates section, and perform all necessary actions in this regard.
6.10. In case for any reason, the User does not have the possibility to perform one of the actions specified in item 6.9. This Agreement, the User shall inform the Support Service.
6.11. By cancelling the paid subscription - by refusing the paid services of the Operator, the User refuses to perform this Agreement.
7. Personal data
7.1. By posting your personal, other data and information on the Site, the User confirms that he has read and agrees with the Personal Data Processing Policy posted on the Site, and also provides the Operator with the Consent to Personal Data Processing for the purposes of this Agreement.
7.2. The purpose of processing personal data of the User is to provide the User with Services, provide the User with the possibility to use the Service, carry out advertising campaigns, provide targeted advertising, and perform other actions described in the Agreement.
7.3. The personal data of the User shall be processed within the period from the moment of the User 's registration on the Site until the moment of the User 's revocation of the Consent for personal data processing.
7.4. The User agrees that the Operator will send to the e-mail address specified by the User information about the promotions carried out by the Operator and/or any of its partners (including the Lenders) and other information not prohibited for distribution in accordance with the law.
8. Liability of the parties.
8.1. In case of non-fulfilment or improper fulfilment of the terms of this Agreement, the Parties shall bear the liability provided for in this Agreement and the legislation.
8.2. The Operator shall, by means of moderation, monitor the correctness of the Information posted by the User, but shall not be responsible for the consequences arising from the investigation with the User 's non-compliance with the requirements specified in clause 4.1.3.- 4.1.6 of this Agreement.
8.3. The User agrees that the Service provided to it by the Operator may be an intellectual property object to which rights are protected.
8.4. Text materials (articles, publications freely available on the Site) may be distributed provided that there is an active link to the Site.
8.5. The Operator shall not be liable for any direct or indirect damages incurred by the User in connection with the use of the Site or its separate services by the User, as well as, in case of unauthorized access of third parties to the Personal Office of the User, using the correct Authorization Data of the User.
8.6. The Operator shall not be liable for the actions or omissions of the Lenders providing the loan, nor for any information or conditions of the loan provided by the Lender. The Lenders shall decide on the loan, and the Operator shall not guarantee the loan or loan, but shall only select the most likely financing options.
8.7. The Operator shall not be responsible for achieving any results related to the practical application of the information provided to the User in the Report. Any information provided by the Operator as requested by the Lenders shall be used by the User at its own risk.
8.8. The Operator shall not be responsible for non-compliance of the provided Service with the User 's expectations and/or for its subjective assessment, such non-compliance with expectations and/or negative subjective assessment shall not constitute grounds for considering the Services not provided qualitatively, or not to the agreed extent.
8.9. In no event shall the Operator be liable, indemnify or compensate for:
A) ignorance, non-knowledge, non-compliance by the User with the terms of this Agreement;
B) careless attitude of the User to measures of security and protection of personal and other data of the User;
C) obtaining unauthorized access by a third party to the Personal Office, personal and other data of the User;
D) for the fact that the User could not be reached, as well as for non-delivery by communication systems and untimely reading, as well as non-reading by the User of SMS messages and (or) e-mails sent by the Operator;
E) impossibility of the User fulfilling the assumed obligations due to inaccurate, insufficient and untimely provision by the User of the information requested by the Operator/Service, or due to violation of the terms of the Agreement by the User;
F) for the User 's absence for any reason of duly executed documents necessary for the conclusion of the loan agreement with the Lender.
8.10. Under no circumstances shall the Operator:
A) does not act as a co-executor/comparator with the Lender and does not participate in disputes between the User and the Lender;
B) does not provide legal services, including advice on requirements to the set of documents required for the conclusion of the loan agreement with the Lender;
C) does not represent the interests of the User to the Lender as well as to other persons. The Lender shall be liable to the User as a borrower under the loan agreement in accordance with applicable law. The User shall be responsible for late handling of claims against the Lender and/or for non-compliance with the related formalities, including legal ones;
D) is not responsible for the incorrect operation of the Site due to the complex topological network infrastructure distribution of the Internet.
8.11. In accordance with the terms, conditions and restrictions specified in the Agreement, the Operator shall be liable only for intentional, documented real damage caused as a result of the proven and judicial failure of the Operator due to the Operator 's fault.
9. Dispute resolution
9.1. All disputes and differences that may arise at the initiative of the User on matters that have not been resolved in the text of this Agreement shall be resolved in accordance with the pre-trial claim procedure. In case the dispute is not resolved within 60 (sixty) business days from the date of receipt of the User 's claim, the Parties shall submit the dispute for consideration at the Operator 's location in the manner determined by the applicable legislation of the Russian Federation.
9.2. For the purposes of this Agreement, the claim shall mean the request of the User (his representative, who has presented duly executed authority to represent the User 's interests in relations with the Operator) directed to the Operator, the subject of which is the User 's submission of civil claims in connection with the Applicant 's opinion, non-fulfilment (improper fulfilment) by the Operator of obligations to this User arising from this Agreement.
9.3. The Operator shall, after receiving from the User a written application, including a claim, be obliged to review it within 30 (thirty) calendar days from the date of receipt of the application and inform the User of the results of the consideration.
9.4. The response to the User 's application (including the complaint) shall be sent to the User 's e-mail address specified by the User at registration. If a decision is taken to fully satisfy the claim, the Operator shall have the right to perform the corresponding actions without sending a response to the User on the satisfaction of the claim.
10. Final provisions
10.1. Recognition of any provision of this Agreement as null, void or unenforceable shall not result in the invalidity or nullity of the Agreement as a whole.
10.2. Amendments and/or additions to this Agreement (as well as acceptance of the Agreement as revised) shall enter into force from the moment of their publication on the website, unless the Operator sets a different, later date of entry into force of the corresponding amendments and/or additions.
10.3. You understand and agree that if you use the Site after the effective date of the relevant amendments and/or addenda to this Agreement (as well as the revised Agreement), You will accept the relevant amendments and/or addenda to this Agreement (as well as the revised Agreement).
10.4. The User may refuse to perform this Agreement by cancelling the paid subscription in accordance with Clause 6.9 of this Agreement, which means that the User refuses to use the Site or the Service.
10.5. The terms of the Agreement shall be binding on the Operator and the User and their successors.
10.6. The User may not transfer in whole or in part his rights arising from the Agreement to third parties without the Operator 's written consent.
10.7. The Operator may, without any reservations and at any time, transfer, assign or transfer any rights and obligations under the Agreement in whole or in part to third parties to its own choice.
10.8. The electronic version of the Agreement, any e-mail or SMS shall be equivalent to official communication on paper, shall be deemed to be appropriate evidence and shall have the same effect as any other document on paper and shall be used in the resolution of all claims and disputes which may arise out of the Agreement.
10.9. The version of the Agreement, any e-mail or SMS printed on paper, does not require additional notarization and shall be used to resolve all claims and disputes that may arise from the Agreement.
has fully read the terms and conditions of this Agreement;
fully understands the subject matter of this Agreement;
fully understands the meaning and consequences of his actions in relation to the conclusion and execution of this Agreement.