This User Agreement is a public offer (hereinafter - the Agreement) and is addressed to SITRONICS JSC (hereinafter - the Company) to any capable natural person who meets the requirements of this Agreement and intends to become (is) a customer of the Sitronics Electro Service (hereinafter - the User).
This Agreement governs the use of the Services of the website and the "Sitronics Electro" Application, as well as, to the extent applicable, the provision and use of the "Sitronics Electro" Service by the Company, and is an agreement between the Company and the User from the time of the User's Registration.
Before using the Services of the website and the "Sitronics Electro" Application, the User must carefully read this Agreement and unconditionally accept all of its terms.
1. TERMS AND DEFINITIONS
The following terms are used in this Agreement and have the meaning defined below. In case terms and notions, not defined in this section, are used in the Agreement, they have the meanings, which are usually given to them in the industry/sphere. 1.1 Company - SITRONICS JSC (Taxpayer Identification Number 7735116621, Legal Entity's location and address: 32/31 bldg, Volgogradsky ave., floor 3, room 2, 109316, Moscow Russia). 1.2 Partner is an individual entrepreneur and (or) a legal entity, including the owner of an charging station, which connects its charging station to the Service and the "Sitronics Electro" Application, and the User in turn searches for a charging station, reserves a charging station, starts a charging session in accordance with the rate specified in the information about the charging station. The Partner can provide services in any countries. 1.3. User means an individual who meets the requirements of this Agreement, has completed the Registration / Authorization procedures and has unconditionally accepted this Agreement in accordance with its requirements. For the purposes of this Agreement and depending on the context, the User can be understood as a natural person who meets the requirements of this Agreement, but has not yet passed (completed) the registration procedure and has not accepted this Agreement (a potential client of the Company and/or its Partner). 1.3 Website - the official website of the Company https://sitronics.com/. 1.4. "Sitronics Electro" Application - a software application for Devices, which is the intellectual property of the Company, enabling the User to Register/Authorize, as well as (for a registered and authorized User) to use the "Sitronics Electro" Service. 1.5. Device means the User's electronic device connected to the Internet, based on iOS or Android operating systems, enabling the User to Register/Authorize, as well as (depending on the functionality of the Device) to use the "Sitronics Electro" Service through the "Sitronics Electro" Application and/or the Website. Devices include, without limitation, computers (including laptop, desktop, Macintosh computers), cell phones (including smartphones and communicators), PDAs including tablet-type devices). 1.6 Service "Sitronics Electro" - a range of services of the Company and its Partners, provided to registered and authorized Users through the "Sitronics Electro" Application in twenty-four hours, seven days a week, without days off and holidays, consisting in providing Users with the function of searching for charging station on a geographical map, followed by the ability to charge the User's electric vehicle at the conditions and rates placed in the "Sitronics Electro" Application. 1.7. charging session - the process of charging the electric battery of an electric vehicle with the help of a charging station using the Service and the "Sitronics Electro" Application. 1.8. Charging station - an electric charging station owned and operated by the Company and/or owned and operated by the Partner. 1.9. Agreement - an agreement between the Company and the User, including all schedules and supplemental agreements, the text of which is posted on the Website and in the "Sitronics Electro" Application, regulating the relations on the provision of "Sitronics Electro" Service by the Company and the use of "Sitronics Electro" Service by the User. The conclusion of the Agreement between the Company and the User is carried out by the accession of the User to the terms defined by the Company and set out in the User Agreement. The Agreement will be concluded from the date of completion of the User's Registration on the Website or in the "Sitronics Electro" Application (from the date of successful Registration), which is necessarily accompanied by unconditional acceptance of the terms of this Agreement by the User. 1.10. User Registration - the performance by the User interested in using the "Sitronics Electro" Service and the Company of a certain set of actions recorded in this Agreement in the "Sitronics Electro" Application and/or on the Website. 1.11. User Authorization - the performance of a certain set of actions, recorded in this Agreement in the "Sitronics Electro" Application or on the Website, for the purpose of identifying the registered User for the use of the "Sitronics Electro" Service through the "Sitronics Electro" Application and/or the Website. 1.12. Acquiring Bank is a legal entity, which makes non-cash payment acceptance from Users through "Sitronics Electro" Application with the use of bank cards on the basis of the agreement with the Company. 1.13. Issuing Bank - a legal entity that issues and maintains User's accounts. 1.14. Fiscal Document - the fiscal data submitted according to the established formats, generated by the control and cash register equipment at the time of the User's payment for the "Sitronics Electro" Service with the use of a Bank Card. 1.15. Support is a structural subdivision of the Company, which provides twenty-four hours a day, seven days a week, without weekends or holidays, advisory support to Users, assistance to Users and informing them in the process of using the Website and "Sitronics Electro" Application, as well as in the process of providing "Sitronics Electro" Service by the Company. Support and information are provided when Users contact the Support. 1.16. Services of the Website and "Sitronics Electro" Application - all functional capabilities and resources of the Website and "Sitronics Electro" Application, which are available to the User at the moment of request, including the possibilities of Registration and Authorization, as well as the possibilities of using the "Sitronics Electro" Service, depending on the level of access of the User at the moment (before the Registration/after the beginning of the Registration/after the Agreement). 1.17. Privacy Policy is the document, placed on the Website and "Sitronics Electro" Application, which regulates the purposes, methods and procedure for obtaining, processing and storage of information about the User for providing access to Services of the Website and "Sitronics Electro" Application, as well as for providing "Sitronics Electro" Service. 1.18. Terms used in the text of this Agreement in the singular may mean the plural, and vice versa.
2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
2.1 According to this Agreement, the Company provides the User with a non-exclusive right to use the Website’s Services and a non-exclusive right to use the "Sitronics Electro" Application without collecting additional fees (fees are included in the cost of traction battery charging services). Each right will be granted from the moment of registration on the Website and downloading of the Application to the User's mobile device (respectively). The Company grants the User the right to use the Services of the Website and the "Sitronics Electro" Application to the extent that corresponds to the User's access level at the moment (before the Registration, after the beginning of the Registration procedure, after the conclusion of the Agreement). The right to use the Services of the Site or the "Sitronics Electro" Application will be granted for 1 day from the date of granting and will be prolonged for another day on the same terms each time after the expiry of the said term, provided that neither party has declared the termination of use of the right before the expiry of the term of use. The Company will have the right to declare termination of the right by disconnecting the User from the Website or the Sitronics Electro App (blocking the User). The User has the right to declare the termination of the use of the right by submitting a written application to the Company. 2.2 The use of the Services of the Website and the "Sitronics Electro" Application is allowed only in the ways provided by this Agreement (after its conclusion). 2.3 The User guarantees that they will not use the Services of the Website and the "Sitronics Electro" Application in violation of applicable laws, the terms of this Agreement, in order to cause harm to the Company or third parties. 2.4 The User will notify the Support Service of any errors or problems arising during the use of the Website’s Services or the "Sitronics Electro" Application. 2.5 The Services of the Website and the "Sitronics Electro" Application may be used by the User for: 2.5.1. obtain information about the Company, its Partners, get acquainted with the services provided by the Company, its Partners; 2.5.2. perform actions aimed at completing the Registration in the application and/or on the Website "Sitronics Electro"; 2.5.3. actions aimed at the Authorization and use of "Sitronics Electro" Service.
3. PARTNER RELATIONSHIPS
3.1 Services of the Website and "Sitronics Electro" Application provide Users with access to a set of services for the use of a charging station at the Company's Partners. Information about the fact that the owner of the station is a Partner is specified in the information about the charging station in the "Sitronics Electro" Application. 3.2 Partners connect their charging station to the Website and/or "Sitronics Electro" Application, and the User in turn uses the Support Service, searches for charging station, reserves charging station, starts charging sessions at the Company Partners' charging station in accordance with the rates specified in the information about charging station. 3.3. The User accepts and agrees that the Company does not own the placed Partner charging stations, does not set the rates and is not responsible for the quality of services provided by the Partners. 3.4 The Company and Partners are separate and independent organizations. By reserving and/or activating access to a charging station on the Website or in the "Sitronics Electro" Application, the User enters into a commercial/contractual agreement with one of the Partners directly. 3.5 The Company will not be responsible for settling disputes and disagreements between the User and the Partner. The Company will not become a party to a dispute between the User and the Partner.
4. USER REGISTRATION AND AUTHORIZATION
4.1 Use of the Services of the Website and the "Sitronics Electro" Application is possible only on condition of the User's Registration on the Website or the "Sitronics Electro" Application and Authorisation respectively on the Website or the "Sitronics Electro" Application in accordance with the sequence of actions established by this Agreement, as well as the Website or the "Sitronics Electro" Application. 4.2 For the User's Registration in the "Sitronics Electro" Application, the User will independently upload (download) the "Sitronics Electro" Application to the Device using the AppStore (https://www.apple.com/ru/itunes/) and/or Google Play (https://play.google.com/store/). To register the User on the Website, the User will log in to the Website. 4.3 For the User's Registration on the Website or in the "Sitronics Electro" Application, the User fills out a questionnaire, providing the information required in the questionnaire. 4.4 The User cannot complete the Registration without accepting the terms of this Agreement by checking the box "I agree to the terms and I accept the User Agreement" (on the Website) or by pressing the "Accept" button in the "Sitronics Electro" Application. 4.5 Before performing the actions specified in paragraphs 4.3, 4.4 of this Agreement, the User enters his cell phone number. The Company automatically generates and sends a one-time confirmation code (password) to the specified number of a cell phone, after entering of which the User is allowed to perform the actions specified in clauses 4.3 and 4.4 of this Application. Subsequently, when Authorizing on the "Sitronics Electro" Website and/or in the "Sitronics Electro" Application, the login for access to the User's personal account will be the cell phone number specified by the User during Registration. A one-time code (password) to enter the personal account, on the official Website, is automatically generated (created) in the Company's system and sent to the User each time they need to enter the personal account. At the stage of providing data and until the end of the Registration procedure, the User will have a limited right to use the Website and the "Sitronics Electro" Application: access to the personal account, linking of bank cards and other functions available at this stage of the Registration. 4.6 After the User provides data in accordance with clause 3.3 of this Agreement, the Company informs about the successful Registration of the User and the conclusion of the Agreement with the User in any way convenient to the Company. 4.7 If the User provides unreliable information when registering, or if the Company has grounds to believe that the information provided by the User is unreliable, the Company will have the right (as the User grants the Company this right) to temporarily block the User's access to the use of the Services of the Website and/or the "Sitronics Electro" Application until the User provides the information required for unblocking, the list of which is determined by the Company. The User will be notified or deemed to be notified of the blocking of access at the moment of receipt of information about the blocking when they attempt to access the Website and/or the "Sitronics Electro" Application. 4.8 Upon sending information to the User about the decision to enter into the Agreement with the User in accordance with paragraph 4.6 of this Agreement, the Registration will be deemed completed (successful). 4.9. Upon completion of the User's Registration, the User's Authorization, which implies the ability to use the Website and/or the "Sitronics Electro" Application and to use the "Sitronics Electro" Service in full, is carried out by entering the login and one-time confirmation code (which is automatically generated in the Company system and sent by the Company to the User via SMS) in the Personal Office on the Website and/or in the "Sitronics Electro" Application. 4.10. The User undertakes to keep the login and password, as well as other data, through which access to the Website's Services and/or "Sitronics Electro" Application on behalf of the User may be obtained, confidential. In case of loss of login, password, or if there are reasons to believe that these data (as well as other data) was obtained by a third party, the User (using the contact data specified during Registration) will submit a request to the Company (by sending to the Company's email address support.ezs@sitronics.com, or by contacting the Support) to block access to the personal account, and then obtain another password, and upon agreement with the Company, also a login. The request to block access to the personal account is considered by the Company within 1 (one) hour from the moment of sending the request. All risks arising from the User's failure to fulfill this obligation will be borne by the User. 4.11. Upon completion of the Registration, all calls to the Support will be made by the User from the cell phone number specified when filling out the form, or any other phone number if the User provides additional data upon request of the Support employee. 4.12. The User can change the cell phone number specified when registering by contacting the Support or by e-mail to support.ezs@sitronics.com (in this case the control information specified in this Agreement is reported to the Support operator by the User).
5. THE COST OF THE SERVICE, PAYMENT AND REFUND PROCEDURE.
5.1 If the User successfully completes the Registration process on the site and/or in the "Sitronics Electro" Application, the User willbind (enter data) to the "Sitronics Electro" Service his/her bank card(s), which will be automatically integrated with the "Sitronics Electro" Service and from which funds will be debited for payments under this Agreement. The use of bank cards is permitted only for those payment systems that are listed on the site and/or in the "Sitronics Electro" Application, with the ability to make Internet payments. The ability to make Internet payments is provided by the User independently through the bank card issuing bank. 5.2 In order to use a bank card, the User has to specify the details of the bank card used to pay for the "Sitronics Electro" Service, according to the form specified in the Annex. The User will be responsible for the correctness of the data of the bank card. 5.3 When each bank card is used by the User and before each use of "Sitronics Electro" Service, the positive balance on the User's bank card may be checked, for which the sum of money is debited and returned to the User's bank card within 24 hours from the moment of debiting. 5.4 The Company and its Partners have no access to the details of the User's bank card and are not responsible for the safety and confidentiality of the data transmitted when making non-cash payment. Cashless payments are made by the User in accordance with the rules of the bank-acquirer. 5.5 The cost of "Sitronics Electro" Service is determined by the Company and/or the Partner independently, considering the rates and the volume of consumed services and is indicated in the agreement attachment "Sitronics Electro". 5.6 The volume of consumed services means the duration of the Charging Session, charging station booking, the amount of consumed electricity and other components affecting the cost of the "Sitronics Electro" Service, provided by the rates of the Company and/or its Partners. The volume of the rendered services, expressed in kWh, is formed based on the readings of the charging station technical metering device and may not coincide with the amount of electricity displayed by the electric vehicle in the process of charging. 5.7 Payment for the consumed Services will be made in the currency of the country in which the Company and/or the Partner provides "Sitronics Electro" Service. 5.8 Upon completion of the Charging Session, the funds for the payments under the Agreement will be debited by Sitronics Electro Service from the bank card linked by the User and selected as the main bank card. 5.9 After the payment, the User is provided with fiscal documents. Sending fiscal documents is carried out to the e-mail address specified by the User when linking the bank card. 5.10. In case of disagreement of the User on payment-related issues, the User has the right to contact the Company by e-mail support.ezs@sitronics.com, or by telephone 8-800-250-93-36. 5.11. In case the Company and/or Partner, because of checking such appeal, decides to return the amount of non-cash payment in full or in part, the specified return is made to the bank account of the bank card, from which the non-cash payment was made. The procedure of refund is carried out with participation of the acquirer-bank and is regulated by rules of international payment systems, banks (including the bank-issuer of the linked card) and other participants of settlements.
6. USER STATEMENTS.
6.1 By accepting the terms of this Agreement, the User declares that they: - has read the terms of the Agreement, understood the meaning and sense of the said document, agrees with its contents and accepts it without any reservations, conditions or exceptions and undertakes to fulfill the requirements set by it, be responsible for non-performance/ improper performance of the requirements and conditions set forth in it, and understands all consequences of his actions on Registration, use of the site and "Sitronics Electro" Application Services, "Sitronics Electro" Service - has provided the Company with complete, valid and accurate data when registering. - meets all the requirements imposed on him/her by this Agreement; - agrees to the video recording of the charging process of the electric vehicle by means of the video control devices built into the charging station;
- agrees that the amount of damages incurred by the Company as a result of breach of any of the User's warranties and obligations under this Agreement will be determined by the Company at its sole discretion, and unconditionally agrees to indemnify the Company for such damages; - agrees that this Agreement may be amended by the Company without any notice from the Company and undertakes to independently monitor the relevant changes in this Agreement. The new version of this Agreement or the changes will become valid from the moment of their posting on the site or in the "Sitronics Electro" Application and will be binding upon the User after 24 hours from the moment of their posting by the Company or from the moment the next charging of the traction battery started after their posting on the site or in the "Sitronics Electro" Application or from the moment of putting a tick in the checkbox "I agree to the terms and accept the User Agreement" (on the site) or pressing "Accept" in the "Sitronics Electro" Application, depending on what - agree to receive any notifications, messages, information and newsletters from the Company in any format, provided that their content complies with applicable laws; - acknowledges that documents sent by the Company through the site or "Sitronics Electro" Application are legally valid as handwritten, signed documents, for actions performed through the site or "Sitronics Electro" Application; - acknowledges that the means of identification used by the Company are sufficient to identify the person from whom the relevant documents and actions emanate. 6.2 The User has to read the terms of this Agreement (including the new version) before putting a tick in the checkbox "I agree to the terms and accept the User Agreement" (on the site) or pressing the "Accept" button in the "Sitronics Electro" Application. Any User who fails to read the terms of this Agreement (including the new version) in a timely manner assumes all risks of related unfavorable consequences.
7. USER CONSENT 7.1. User gives his consent to receive advertising messages from the Company, containing advertisement of goods and services, sold by the Company and/or its partners and/or other third parties, to the e-mail address and cell phone number (including linked accounts in messengers WhatsApp, Viber, Telegram, etc.), indicated by User during Registration, as well as other e-mail addresses and cell phone numbers (including linked accounts in messengers WhatsApp, Viber, Telegram, etc.), reported by User to the Company in accordance with us If the User contacts the Company with a request to stop distributing advertising messages to him, the Company undertakes to immediately stop such distribution in relation to the User who has made the relevant request. Besides, the User can independently refuse to receive newsletters in the "Notifications'' section. 7.2 The User gives their consent to the Company or its authorized agent (payment system) to debit their bank card for any payments under the Agreement without further consent from the User, including the fees for the Service "Sitronics Electro", fines, compensation for losses, costs and expenses of the Company arising from non-performance or improper performance of the Agreement, and other amounts in cases stipulated in this Agreement. 7.3 The User gives their consent to the Company recording User's contacts (conversations) with the Support Service and providing such recordings to third parties. 7.4. The User agrees that the Company and/or its partners (payment systems) will keep the details of the User's bank account and/or bank card through which the User pays for the "Sitronics Electro" Service during the term of the Agreement.
8. WARRANTY, OBLIGATIONS AND RESPONSIBILITIES OF THE USER.
8.1 The User guarantees that they will not perform the Registration on behalf of another person and/or transfer the registration data to third parties. 8.2 The User guarantees that they is the holder of all bank cards linked to the site, the "Sitronics Electro" Application and the "Sitronics Electro" Service. 8.3 The User understands and agrees that to use the Services on the site and the "Sitronics Electro" Application properly, the User must ensure that the Internet connection speed of the Devices is adequate. Before using the site Services and the Sitronics Electro Application, User must ensure that his or her Device has the necessary characteristics to do so, and that the Device has a mobile data connection or other function that allows the use of the Internet, and that such connection is stable. All issues of acquiring the rights to access the Internet, purchase and adjustment of the relevant Devices and software products are solved by the User independently and at their own expense and are not subject to the Agreement. 8.4 The User will be responsible for all actions performed by him/her and/or using his/her password and login on the site and in the "Sitronics Electro" Application. 8.5 The User must not allow any third party to use the User's login, password. The Company will not be liable for any damage, loss or corruption of data that may occur due to violation of this provision by the User. The User undertakes to take appropriate measures to protect and keep secret the information used for Authorization in "Sitronics Electro" Application and/or on the site, including the login and password, from unauthorized use by other persons and immediately inform the Company of the relevant information in case the fact of such use is discovered. The User has to bear all risks of adverse consequences associated with the absence of such notification. 8.6. The User undertakes to independently monitor changes in the terms of this Agreement on the Site and/or in the "Sitronics Electro" Application. 8.7. The User undertakes not to use any technology and not to take any actions that may cause damage to the site and/or "Sitronics Electro" Application, the interests and property of the Company. The User undertakes to use Devices with effective anti-virus software to prevent viruses and other programs (spyware, etc.) from entering the site and/or the Sitronics Electro Application while on the site and/or the Sitronics Electro Application. 8.8. The User undertakes to comply with other provisions of applicable law, provisions of this Agreement and legal requirements of the Company. 8.9 If in connection with the User's breach of the terms of this Agreement, the Company has suffered losses, including as a result of claims and actions brought against the Company by third parties, the User undertakes to settle such claims and actions at their own expense, and to compensate the Company, caused by non-compliance of the User with the terms of this Agreement losses in full. 8.10. The User will be liable for failure to perform or improper performance of his obligations under this Agreement, in accordance with applicable law and this Agreement. 8.11. The User undertakes to inform the Company in case of change of the cell phone number and other data specified during Registration. The User bears all risks of adverse consequences associated with the lack of such notification.
9. COMPANY'S WARRANTIES AND LIABILITY 9.1 The Company provides to User the Website and the Sitronics Electro Application as well as any information contained on the Website and/or the Sitronics Electro Application as is without warranties of any kind. This means, among other things, that the Company: - is not responsible for the speed and uninterrupted operation of the Website, the "Sitronics Electro" Application, their compatibility with the software and operating systems of User's Devices; - is not responsible for absence of errors and/or viruses at work of Website and "Sitronics Electro" Application, interruption of communication channels and failure of server infrastructure at the level of main communication channels, data exchange centers, computer centers as well as communication lines of regional and local values, non-performance or improper performance of its obligations because of failures in telecommunication and/or energy networks as well as unfair actions of third parties, aimed at unauthorized access and/or withdrawal and User agrees and acknowledges that it uses the Site and/or the Sitronics Electro App solely at its own risk. - is not responsible for the proper functioning of User's Device; - will not be liable for any inconsistency between the Site and the "Sitronics Electro" Application or the "Sitronics Electro" Service and User's expectations; - will not be responsible for the actions of Users on the Site and in the "Sitronics Electro" Application, and for the consequences of Users' use of the Website and the "Sitronics Electro" Application and the "Sitronics Electro" Service. 9.2 If User's Device does not support the display and operation of the Website, the downloading, display and operation of the "Sitronics Electro" Application, any Services of the Website and the "Sitronics Electro" Application, the Company does not guarantee access to the relevant resources and the possibility of their use/full use. 9.3 The Company will not be responsible for the temporary inoperability of payment systems, which provides the acceptance and transfer of payments by Users, caused by reasons beyond the control of the Company, as well as force majeure events. 9.4 The Company will not be liable for violation of the Agreement if such violation is caused by force majeure events, including but not limited with: actions and decisions of public authorities and/or local government, fire, flood, earthquake, other natural disasters, lack of electricity and/or malfunctions of the computer network, strikes, civil unrest, riots, any other circumstances that may affect the performance of the terms of this Agreement. 9.5 The Company will not be liable for the non-performance or improper performance of its obligations, if this is caused by the actions/inaction of the User, which are beyond the control of the Company, including as a result of erroneous actions/inaction of the User. 9.6 The Website and the "Sitronics Electro" Application may feature products and/or services offered to the User on a paid and/or free-of-charge basis by third parties. The Company is not a party to the relationship for their provision, and will not be liable to the User and/or third parties for their provision. 9.7 The Website and the "Sitronics Electro" Application may contain links to third party websites, applications and other resources. These third-party websites, applications and other resources and their materials are not checked by the Company for compliance with legal requirements and the Company is not responsible for their content. 9.8 A website, application, resource, product or service, or any information of a commercial or non-commercial nature posted on the website and in the Sitronics Electro Application, does not constitute an endorsement or recommendation by the Company. If the User chooses to access third-party websites, applications, resources, products, services or use third-party programs, the User does so at his or her own risk. 9.9 The actions of any third parties, as well as the actions of payment systems, communication operators are not the actions of the Company, and the Company is not responsible for them. 9.10. The Company will not be liable for the placement of the "Sitronics Electro" Application, links to it in any unauthorized (not confirmed by the Company) sources (counterfeit application). If the User uses a counterfeit application, the Company will not be liable to the User. 9.11. The User authorizes the Company to process the personal data provided by him/her when registering on the website and when using it, as well as those provided by him/her when using the "Sitronics Electro" Application, in order for the Company to provide services aimed at charging the traction batteries of the vehicle provided by the User for charging. The Company guarantees the fair and lawful processing of the User's personal data in accordance with the purposes provided in this Agreement. The right to processing is provided in order to perform charging of traction batteries, charging and deducting payment for charging, providing information to the bank for debiting and crediting funds, ensuring compliance with laws and other normative legal acts, monitoring the quantity and quality of services provided and ensuring the safety of property of the Parties and third parties, as well as providing information to third parties in cases stipulated by federal laws and other normative legal acts. The list of personal data to the processing of which consent is given: - surname, first name (including previous ones); - passport data or details of an identity document; - date of birth, place of birth; - nationality; - information on bank accounts, cards; - residence address (by registration and actual); date of registration at the indicated place of residence; - Phone number; - biometric personal data (personal photo). The list of actions for which consent is given: - The Company has the right to perform actions (operations) with personal data as defined by applicable law, namely: collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking, destruction of personal data. Processing of personal data may be performed with or without the use of automated means (in hard copy). 9.12. The Company guarantees the timely update of the User's data in case of providing the updated data. 9.13. The Company will be liable to the User only for direct and actual damages caused by a failure to fulfill the Company's obligations, up to the amount of all payments made by the User to the Company for the last use of the "Sitronics Electro" Service (including reimbursement of the User's expenses and penalties) prior to the occurrence of the damage. 9.14. The Company will not be responsible for the use of the "Sitronics Electro" Application from the User's Device by third parties, and therefore all actions performed from the User's Device will be deemed to be the actions of the User. If any person accesses the Services of the Website or the "Sitronics Electro" Application and is able to use them on behalf of the User, the User has to immediately notify the Company by email or by contacting the Support. Otherwise, all actions performed on behalf of the User using the Website or the "Sitronics Electro" Application will be deemed to have been performed directly by the User.
10. TERM OF THE AGREEMENT. PROCEDURE FOR MODIFICATION AND WITHDRAWAL FROM THE AGREEMENT
10.1 The User accepts this Agreement by performing the actions specified in paragraph 4.5 of this Agreement. The date of committing these actions by the User will be the date of entry into force of this Agreement. This Agreement is valid from the date of entry into force for an indefinite period. 10.2 The Company has the right to change the terms of this Agreement at any time. Changes in the terms of the Agreement are made by amending the existing version of the Agreement or by creating a new version of the Agreement and become binding on the Company and User (enter into force) from the date the Company posts the new version of the Agreement or the changes made to the Agreement on the Website and/or in the "Sitronics Electro" Application. In case the User does not agree with the changes, they has the right to cancel this Agreement in the manner specified below, which does not release the User from the performance of his/her obligations arisen before the termination of the Agreement, and the User undertakes to stop using the Services of the Website and the "Sitronics Electro" Application and to stop using the "Sitronics Electro" Service. 10.3. In case the User has not canceled the Agreement (without filing an application (notice) of termination (clause 10.5), it is considered that the User has read, understood, agreed to comply with the Agreement in the new edition or changes to it and unconditionally accepts the specified new edition of the Agreement or changes to it from the day they come into force. The User will periodically (but not less than once a day) independently monitor the website and/or the Sitronics Electro Application for changes to the terms of the Agreement. The risk of non-compliance with this requirement will be fully borne by the User. 10.4 The Company and the User will have the right to cancel this Agreement by notifying the other Party not later than seven calendar days prior to the proposed date of termination of the Agreement. In this case, the initiator of termination of the Agreement, undertakes to fulfill all its obligations arising from the Agreement, no later than the date of termination of the Agreement. 10.5 Cancellation of the Agreement on the User's initiative is carried out within the terms stipulated by this Agreement on the basis of the User's handwritten and signed application (notice) submitted by the User to the Company (personally, by courier, by mail). 10.6 The Company has the right to unilaterally and extrajudicially terminate the Agreement if the User violates any of his obligations, representations and warranties under the Agreement. In this case, the Agreement will be deemed terminated at the moment of sending a notice to the User through the "Sitronics Electro" Application (sending push notifications) or sending SMS-messages, or by email. If at the time of the notification, the User has to immediately terminate the charging session. 10.7 As for the unfulfilled obligations of the Parties, the Agreement will remain in force until the said obligations are fulfilled in full.
11. DISPUTE RESOLUTION AND JURISDICTION 11.1 All disputes and disagreements under this Agreement have to be resolved through negotiations. 11.2 If the Company and the User fail to reach a resolution through negotiations within ten (10) days, the disputes and disagreements will be referred to the court at the location of the Company.
12. OTHER 12.1 Unless otherwise provided herein, upon the effective date of this Agreement, the Company and User acknowledge that documents sent by email (the Company's email addresses on the Website, in the "Sitronics Electro" Application, and the User's email addresses indicated during Registration) are legally binding, agree that such documents are equivalent to documents drawn up on paper and signed by the handwritten signature of the relevant person, unless otherwise expressly provided for in the Agreement. 12.2 Upon the entry of this Agreement, the Company and the User acknowledge the legal validity of the messages and actions sent and performed respectively through the use of the "Sitronics Electro" Application or the Site on behalf of the User, as well as through the telephone number specified by the User when registering. 12.3 Messages sent to email will be deemed received by the recipient at the time of their sending. 12.4 The User has to notify the Company of changing phone number, e-mail address and other data provided by the User to the Company by contacting the Support. The Company will not be liable for any consequences associated with changes in the User's data specified in this paragraph of the Agreement, if the User has not notified the Company of the circumstances specified in this paragraph of the Agreement, and/or has provided the Company with incorrect data. 12.5 The User acknowledges that the Website and the "Sitronics Electro" Application are sufficient to ensure proper operation in receiving, transmitting, processing and storing information, as well as to protect information from unauthorized access, authenticity and authorship of electronic documents sent with their use, as well as to resolve conflict situations. The User trusts the software of the Site and the "Sitronics Electro" Application. 12.6 The Website and the "Sitronics Electro" Application are the intellectual property of the Company, and any use is permitted only by permission of the Company. The use of the Website and the "Sitronics Electro" Application without the Company's permission in any way and for purposes other than those permitted by the Agreement is unlawful and may subject the User to liability. 12.7 The relations between the Company and the User which are not regulated by this Agreement have to be governed by the applicable law. 12.8 The Company has the right to use facsimile reproductions of the signature of an authorized person of the Company (by mechanical or other copying means) in any documents, including this Agreement and/or related messages and notifications. The parties acknowledge the legal effect of such documents. 12.9 The User may contact the Support Service for all issues related to the use of the website Services and the “Sitronics Electro” Application with all claims. Making a complaint to the Company, the User has to provide documents confirming the validity of the complaint, as well as specify their data provided by them when registering. 12.10. The User who has not accepted the terms of this Agreement, or has accepted them by mistake, has to inform the Company and has not to be entitled to use the Services of the Website and the "Sitronics Electro" Application as well as the "Sitronics Electro" Service.
13. COMPANY DETAILS JSC SITRONICS Location and address of the legal entity: Phone E-mail: support.ezs@sitronics.com Bank account 40702810400050000008