Terms of Use
The Contract of a Public Offer for the provision of access to information materials
Effective Date: November 07, 2022
Klinaev Oleg, Individual Entrepreneur, hereinafter referred to as the "Offeror" and/or the "Contractor", publishes this contract (hereinafter referred to as the "Contract"), being a public offer for the provision of access to information materials available on the website of the Contractor PortBureau.ru, to any individual whose will is expressed personally, or through an authorized representative who has expressed its readiness to accept the offer of the Contractor, on the conditions indicated below.
The Contract according to the Civil Code of Russia is a public offer, the acceptance of which conditions shall be committing actions stipulated in the Contract.
Terms and Definitions
Offer shall mean this document (Contract) posted in the Internet at https://portbureau.ru/ru/pages/terms. In accordance with the Contract, the words "Offer" and "Contract" shall be equivalent.
Acceptance shall mean full and unconditional acceptance of the Offer by performing the actions specified in Clause 2.1 hereof.
User shall mean an individual who has concluded the Contract on the terms contained in the Offer.
Offeror's Website (hereinafter - "Website") shall mean a set of interconnected web pages, united under one domain name or IP address, located in the Internet at https://portbureau.ru.
Registration on the Website (hereinafter - "Registration") shall mean a set of actions of the User, including the provision of his/her e-mail address and password, made by the User using a special form of the user interface of the Website in order to obtain access to information materials posted on the Website (hereinafter referred to as information materials).
Identification Data shall mean e-mail address and password specified by the User when registering on the Website, or changed in the future, used to identify the User in order to provide him/her access to information materials and make payments under the Contract.
Personal Account shall mean the User's personal page on the Website, which is entered by inputting User’s Identification Data, which include the email address (login) and password, where the User can manage his/her access to information materials on the terms proposed by the Offeror.
Subscription shall mean rights of access to information materials of the Website, grouped by types of cargoes, provided for a certain period of time.
1. The Subject of the Contract
1.1. In accordance with the Contract, the Offeror shall provide the User with the rights specified in Clause 5.3 of the Contract to use the information materials posted on the Website in the manner stipulated in Section 4 of the Contract.
1.2. The scope of information materials provided to the User, as well as the term for granting access rights thereto, shall be set in accordance with the Subscription selected by the User, posted on the Website (in the User's Personal Account).
1.3. Access to the information materials shall be granted after the Acceptance is made, in the manner stipulated by Clause 2.1 of the Contract, and for the time set for the Subscription at the time of Acceptance.
2. Procedure for the Conclusion of the Contract
2.1. The Acceptance of the Contract shall be the payment by the User for the Subscription in accordance with the terms of Section 6 hereof.
2.2. By accepting the Contract in the manner specified in Clause 2.1 hereof, the User guarantees that he/she is familiar with, agrees, fully and unconditionally accepts all the terms of the Contract.
2.3. The User understands that the Acceptance of the Contract shall be equal to the conclusion of the Contract on the terms and conditions set forth in the Contract.
2.4. The Offer shall come into force from the moment it is posted at https://portbureau.ru/ru/pages/terms and shall be valid until it is revoked.
3. Rights and Obligations of the Parties
3.1. The User shall:
3.1.1. Make payment in the manner, amount and within the terms stipulated by the Contract and the corresponding Subscription.
3.1.2. Ensure that his/her Identification Data is kept confidential and not compromised.
3.1.3. Immediately notify the Contractor in case of loss or existence of reasonable suspicions regarding a breach of confidentiality (compromise) of his/her Identification Data.
3.1.4. Not transfer the rights of access to information materials to third parties and not use them in any other way that could lead to damage to the interests of the Offeror.
3.1.5. Not take any actions that may lead to interruptions in the functioning of the Website, including actions that are associated with an increased load on the Website.
3.1.6. Not use any devices or computer programs to interfere or attempt to interfere with the normal functioning of the Website.
3.1.7. At the request of the Offeror, provide the latter with information and documents necessary to identify the User, including when the User sends applications, notices, etc. to the Offeror.
3.2. The Offeror shall:
3.2.1. Provide the User with access rights to information materials posted on the Website, in the amount and for the period of the Subscription selected by the User.
3.2.2. Provide technical support for the Website, domain name, database, as well as other functionality of the Website provided to the User.
3.3. The User may:
3.3.1. After obtaining the access rights to information materials, use them to the extent and in the manner prescribed in the Contract.
3.3.2. Require the Offeror to execute the Contract properly.
3.3.3. Contact the Offeror on all issues related to the Contract fulfilment.
3.4. The Offeror may:
3.4.1. Add, edit or delete any information from the Website.
3.4.2. Suspend the work of the Website for technical maintenance, no more than once a month.
3.4.3. At any time, unilaterally (out of court) make amendments and changes to the terms of the Contract. Use of the Website after the entry into force of the additions and (or) amendments to the Contract shall mean that the User agrees with all the additions and (or) amendments.
3.4.4. Receive any information from the User necessary to fulfil Offeror’s obligations under the Contract. In case of failure to provide or incomplete or incorrect provision of information by the User, the Offeror may suspend or terminate the User's access to information materials.
3.4.5. Suspend or terminate the Registration of the User and his/her access to the Personal Account and (or) to information materials, if the Offeror reasonably believes that the User is engaged in illegal activities and (or) violates the terms of the Contract.
3.4.6. Engage third parties to fulfil Offeror’s obligations under the Contract, while the Offeror shall bear all liability for the actions of third parties.
4. Procedure for Granting Access Rights to Information Materials
4.1. The purchase of a Subscription (rights of access to information materials) by the User, as well as access to information materials, shall be carried out after the mandatory Registration of the User on the Website, and after Registration – after input of User’s Identification Data, which includes the email address (login) and password.
4.2. The User shall select and pay for the Subscription on the Website through its Personal Account, access to which is provided after Registration.
4.3. Registration on the Website shall be carried out by the User independently, by entering his/her email address and password, in a special form of user interface of the Website, after which a Personal Account on the Website is automatically created for the User, and a letter is sent to the email address, specified during Registration, with an active hyperlink, the transition to which is necessary to confirm the Registration.
4.4. Registration of the Personal Account shall be carried out only once for one e-mail address of the User. The repeated Registration of a new Personal Account on the Website using the email address previously specified during Registration is not allowed. In case of any changes in his/her Identification Data, the User shall immediately make the appropriate changes in his/her Personal Account on his/her own, and if it is impossible to independently change such Data, notify the Offeror of such changes.
4.5. Any action taken in the User's Personal Account using its Identification Data shall be considered an action performed by the User himself/herself or by a person authorized by him/her. Execution of a command (click, keystroke, etc.) through the interface of the Website shall mean the User's will to perform certain actions in it, in accordance with the price and other parameters of the Offeror.
4.6. The operating system of the Offeror in the User's Personal Account shall keep track of the validity period of the Subscription purchased by the User, as well as its cost. The User hereby confirms and agrees that the statistical data of the Offeror's operating system are sufficient to confirm the fact of granting access rights to information materials.
4.7. In accordance with the Subscription chosen by the User, the Offeror shall provide the User with access to information materials, from subscription commencement (Contract Acceptance) and within the specified time, and the User shall pay for the selected Subscription, regardless of the use of the granted rights.
4.8. Extension of access to information materials shall be carried out through the User's Personal Account by re-purchasing the selected Subscription.
4.9. The rights to use information materials shall be considered transferred to the User, and access to them shall be considered provided for the Subscription period in full, from the moment the Offeror receives payment in accordance with the terms of Section 6 hereof.
5. Rights to the Results of Intellectual Activity
5.1. All exclusive rights to intellectual property objects available on the Website, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds and other objects posted on the Website, as well as composite parts and their elements shall be objects of the exclusive rights of the Offeror and other rights-holders.
5.2. Alienation (sale) of exclusive rights shall not be the subject of the Contract.
5.3. Under the Contract, the Offeror grants the User the right to remotely access information materials posted on the Website for personal study (reading) only.
5.4. The use of information materials posted on the Website in other ways, including by copying (reproducing) information materials, as well as design elements, computer programs and databases included in it, their decompiling, modification, and subsequent distribution, public display (except for information provided by the User himself/herself) shall be strictly prohibited, unless otherwise provided by the Contract or agreement with the User.
5.5. The term for granting the rights to use information materials posted on the Website shall be set for period during which information materials are available to the User, in the manner stipulated by the Contract.
5.6. The use of the Website by the User, as well as the posted information materials, shall be allowed provided that all copyright protection marks, related rights, trademarks are preserved, the name (or pseudonym) of the author/ title of the copyright holder is preserved unchanged, and the corresponding object is preserved unchanged. The exceptions are cases directly provided for by the legislation of Russia or additional agreements.
5.7. The Website may contain links to third-party sites. The specified sites and their content are not checked by the Offeror for compliance with the accuracy, completeness, legality, etc. The Offeror shall not be liable for any information, materials posted on third-party sites to which the User gains access in connection with the use of the Offeror's Website.
5.8. A link to a third-party website, service, product and any information of a commercial or non-commercial nature posted on the Website shall not constitute an endorsement or recommendation of these products, works, services by the Offeror, unless this is expressly indicated by the Offeror.
6. Cost and Payment Procedure
6.1. The Offeror's remuneration under the Contract shall be 15000 (Fifteen Thousand) Russian Rubles 00 kopeks for one Subscription per month of access to information materials of the Website. Due to the fact that the Offeror applies a simplified taxation system and is exempt from VAT (Clause 3 of Article 346.11 of the Tax Code of Russia), the Offeror's remuneration shall be paid without VAT.
6.2. Payment under the Contract shall be carried out by way of one hundred percent (100%) prepayment.
6.3. Payment methods under the Contract:
- transfer of funds by the User to the Offeror’s bank account.
User’s payment obligations shall be considered fulfilled when the funds are credited to the account of the Offeror.
6.4. Payment by the User shall be made with the indication of his/her email address (login) specified in his/her Personal Account, and (or) other details identifying the payment.
6.5. In the absence of the data specified in Clause 6.4. hereof, allowing to determine the person who made the payment, the Offeror may independently identify the payment according to his own accounting data, and if such identification is impossible, consider payment obligations unfulfilled. At the same time, the Offeror shall not be liable for losses incurred by the User and (or) third parties due to the failure of the User to provide the necessary data.
6.6. As part of incentive events (promotions), payment discounts (bonuses) may be provided. The conduct of such incentive events (promotions) and the conditions for the provision of discounts (bonuses) shall be governed by special rules published on the Website, or by agreements with Users.
6.7. The User shall pay for the Subscriptions at the current prices at the time of payment. The Offeror may unilaterally and without notifying the User change the cost of the Subscriptions. Renewing the use of a previously purchased Subscription at a new price shall mean the User agrees with such changes.
6.8. In case of early termination of the Subscription by the User and (or) in case of early termination of this Contract at the initiative of the User, the funds received by the Offeror under the Contract shall not be subject to refund to the User and shall be retained by the Offeror as a fine for early termination of the Subscription and (or) the Contract, respectively, without signing additional documents.
7. Personal Data
7.1. To fulfil the terms of the Contract, the User agrees to provide his/her personal data and agrees to their processing in accordance with the legislation of Russia, as well as in accordance with the Policy regarding the processing of personal data (Privacy Policy) posted on the Website at https://portbureau.ru/ru/pages/privacy, on the terms and for the purpose of fulfilling the terms of the Contract. "Personal Data" shall mean personal information that the User provides about himself/herself independently for Registration on the Website and making an Acceptance.
7.2. The Offeror shall guarantee confidentiality in relation to the User's Personal Data and provide access to it only to those employees who need this information to fulfil the terms of the Contract, ensuring that the specified persons comply with the confidentiality of Personal Data and the its security during processing.
8. Liability of the Parties
8.1. The Parties shall be liable for non-fulfilment or improper fulfilment of their obligations under the Contract in accordance with the Contract and the legislation of Russia.
8.2. The Offeror shall not be responsible nor liable for possible losses caused to the User in the event of:
8.2.1. Technological malfunctions of public communication channels through which access to the Website is carried out or loss of access to the Internet;
8.2.2. Errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transfer and other technological reasons that arose through no fault of the Offeror;
8.2.3. Unauthorized access to the User's Personal Account.
8.3. The User shall be solely liable for the correctness of his/her Identification Data specified when registering on the Website.
8.4. Any information and (or) materials that the User gains access to using the Website, shall be used by the User at his/her own risk, and the User shall be solely liable for the possible consequences of using the specified information and (or) materials, including for damage caused to himself/herself and third parties.
8.5. In the event of damage caused through the fault of the Offeror, the Offeror shall be liable to the User in an amount not exceeding the cost of the Subscription paid for the corresponding period.
8.6. In case of violation of the property interests of the Offeror as a result of non-fulfilment or improper fulfilment by the User of obligations under the Contract, the Offeror may demand full compensation from the User for the losses caused.
9. Limitation of Liability
9.1. The information materials posted on the Website are collected in good faith and provided on "as is" and "as available" basis. They are subject to limited validation and may contain errors.
9.2. Information materials are provided by the Offeror for general guidance purposes. The Offeror makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to them. Any reliance placed on information materials is therefore strictly at the User's own risk and no responsibility is accepted by the Offeror for any User's loss or damage howsoever arising.
10. Grounds for Amendment and Termination of the Contract
10.1. The Contract may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by the Contract and the legislation.
10.2. Termination of the Contract unilaterally shall be made within ten (10) calendar days from the date of receipt by the Party of such a request.
10.3. In case of violation by the User of the terms of the Contract and (or) the current legislation, the Offeror has the right to unilaterally (extrajudicially) suspend and restrict the User's access to the Personal Account and information materials posted on the Website, or terminate the Contract by blocking the User's access to the Personal Account with the simultaneous termination of full access to information materials, without special notification of the User.
10.4. The Offeror may at any time unilaterally (out of court) amend the terms of the Contract. Amendments to the terms of the Contract shall come into force from the moment they are posted in the manner established for the placement of the Offer.
11. Dispute Resolution
11.1. The claim procedure shall be mandatory. The dispute may be referred to the court after the parties have taken measures for pre-trial settlement after thirty calendar days from the date of the claim.
11.2. All disputes and disagreements arising from the Contract shall be referred to the Arbitration Court of the Krasnodar Region, and if the dispute is within the jurisdiction of a court of general jurisdiction – in accordance with the legislation of Russia.
12. Force Majeure
12.1. The Parties shall be released from liability for full or partial failure to fulfill the obligations under the Contract if such failure was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of state authorities or other circumstances beyond the control of the Parties.
12.2. A Party that cannot fulfill its obligations under the Contract shall promptly, but no later than five (5) calendar days after the occurrence of force majeure, notify the other Party in writing.
12.3. The Parties acknowledge that insolvency shall not be force majeure.
13. Details of the Offeror
Individual entrepreneur Klinaev Oleg Nikolaevich
Phone: +7-988-770-4878, Email: Oleg.Klinaev@PortBureau.ru
Address: Russia, Krasnodar Region, 353924, Novorossiysk, Yuzhnaya Street 21, apt. 113
TIN (or INN, Taxpayer Identification Number) 231500533204
PSRNIE (or OGRNIP, Primary State Registration Number of an Individual Entrepreneur) 321237500022901
14. Bank details for the payments in Russian Rubles
Account No. 40802810770010289167
with MOSCOW BRANCH OF JSC CB "MODULBANK"
Bank address: Russia, 127015 Moscow, 2k1 Novodmitrovskaya Street
Bank TIN (or INN, Taxpayer Identification Number) 2204000595
Bank TRRC (or KPP, Tax Registration Reason Code) 771543001
Bank RCBIC (or BIK, Russian Central Bank Identifier Code) 044525092
Correspondent Account No. 30101810645250000092