AGREEMENT - PUBLIC OFFER
Limited liability company “Navipedia” (“Navipedia” LLC) represented by General Director Gogin Ivan Ivanovich acting under the Charter hereinafter referred to as “the Seller” on the one hand, and an Internet user hereinafter referred to as “the Buyer” or “the User ", on the other hand, collectively referred to as "the Parties " have concluded this agreement (hereinafter - " the Agreement ").
The Agreement in accordance with the Article 435 and paragraph 2 of the Article 437 of the Civil Code of the Russian Federation is a public offer to an unlimited number of persons - the Internet users.
In accordance with the Article 438 of the Civil Code of the Russian Federation a the Agreement shall be considered fully and unconditionally accepted by the Buyer once he expresses his consent to the terms of the Agreement, provides advance or starts using any Work and/or any Seller’s services under the terms of the Agreement. The performance of any of these actions shall mean the Buyer's consent to the provision of his personal data in accordance with paragraph 10 of the Agreement.
1. Terms used in the Agreement
1.1. Buyer (User) – an Internet user who has accepted the terms of the Agreement and/or registered on the Seller’s Website and/or made an advance payment for access to the paid Content, downloaded the Works and/or downloaded the Work and/or started using any services of the Seller.
1.2. Works (Content) – texts and images submitted electronically on the Internet in various formats, posted on the Seller’s Website, accessible to the Users through the Seller’s Website and/or the Seller’s Mobile Applications.
1.3 Goods – physical objects, which are sold according to the samples presented on the Seller’s Website.
1.4. Seller’s Website (Website) – an information resource on the Internet which belongs to the Seller, is administered by the Seller, and located at the following domain: www.navypedia.org
1.5. Download - transfer (copying) of the Works by the Buyer to his computer, smartphone or other device.
1.6. Billing is a payment accounting system.
1.7. User Account – Identification and Personal data of the User stored on the servers of the Seller’s Website. The account is created as a result of the registration procedure fulfilled by the User and may be required in order to take advantage of some features or individual functions of the Site.
1.8. Login and Password are two unique character sets identifying the Buyer and allowing the Buyer to access the Content.
1.9. Personal Account – the Buyer's personal page on the Seller’s Website where the Buyer can store personal information, the User Content, configure display, set parameters, see his status, Billing status, etc. The Personal Account is tied to the User Account, access to which is protected by Login and Password.
2. Subject of the Agreement
2.1. Under the terms of the Agreement the Seller provides the Buyer with the opportunity to use the Works presented on the Site for individual purposes; provides the User the possibility to upload and/or store User Content on the Seller’s Website; The Seller may provide the User with other services within the term of the Agreement and/or Agreement Appendixes, as well as sell the goods to the Buyer.
3. Obligations of the parties
3.1. Rights and obligations of the Seller:
3.1.1. Provide the Buyer with an access to the Works, download and/or use the Worksin any other way in accordance with the Agreement not later than 24 hours from the moment the Billing confirms the payment provision and/or identifies the Buyer as the payer of the provided payment and/or the person entitled to receive the Work.
3.1.2. Do not disclose to any third parties the Login and Password, the Buyer's email address, as well as other information received from the Buyer upon registration.
3.1.3. Provide the Buyer with an opportunity to store copies of the Works paid for by the Buyer on the servers of the Seller’s Website.
3.1.4. The Seller is entitled to intermittently introduce changes and/or additions to the Agreement and/or Appendixes to the Agreement. Such changes and/or additions take effect and become binding on the Parties from the moment those changes are posted on the Seller’s Website.
3.1.5. The Seller has the right to change the price of the goods, the terms of this Public Offer and any additions to the Public Offer without prior written approval from the Buyer, while ensuring the publication of the amended conditions on the Website as well as in a place accessible to familiarization at least one day before their effective date.
3.2. Rights and obligations of the Buyer:
3.2.1. Register on the Seller’s Website, set a Login and Password, the uniqueness of which is confirmed by the Seller. The User can also go through the procedure of automatic registration upon payment and/or when starting to use the Works and/or any services of the Seller, receive a login and password generated by the system and save them in a safe place. In this case, the Buyer shall strictly follow the instructions of the Seller on the registration procedure posted on the Seller’s Website.
3.2.2. Make payment in accordance with Clause 4 of the Agreement.
3.2.3. To get access to the selected Works and/or Content if the Buyer paid for these Works himself and/or the other User provided the payment in favor of this Buyer and/or on other conditions proposed by the Seller.
3.2.4 Purchase Works on the Website.
3.2.5. Ensure the confidentiality of the Login and Password provided during registration.
3.2.6. Use the Works and Goods provided by the Seller in accordance with the Agreement for personal purposes only and at their own discretion: download, read the text and/or images, read them in whole or separate fragments, etc. The Buyer has the right to place copies of the Works on any personal device, which belongs to him. The Buyer also has the right to convert downloaded files with texts or images of the Works into any formats convenient for him, if such conversion is required for the Buyer to read the Works.
3.2.7 Upon ordering the Goods, the Buyer shall be obliged to inform the Seller about the address by which he has chosen to receive the Goods.
3.2.8 The Buyer agrees to receive phone calls, as well as SMS messages and emails or messages on Social networks to his phone number provided by him during the registration and/or placing the Order, as well as receive messages by other means of communication, provided that those phone calls, SMS messages and emails or messages on Social networks are related in any aspects to the Order.
3.2.8 All information about the Goods presented on the Website is for reference only and does not always fully convey information about the properties of the Goods. The seller reserves the right to replace any Work, if the possibility of such replacement was previously announced by the Seller on the Website and the replacement does not imply significant changes in the consumer properties of the replaced Work and price changes.
3.2.9. The Buyer shall by no means:
- transfer to third parties any access rights to the Works or paid Content;
- transmit or distribute the Works to third parties, in whole or in part;
- openly publish Works on public broadcasting channels;
- reproduce the Works and Goods (i.e. make copies of the Works and Goods or their parts in any material form) if this reproduction has a purpose of further distribution;
- make the Works open to the public through the Internet and other digital networks, including posting the Works on any websites, in mobile applications and other resources;
- alter, modify or otherwise process texts or images of the Works and Goods;
- use the Works and Goods in any other way than those specified in Clause 3.2.5. of the Agreement;
- carry out any other actions related to the use of the Works and Goods that in any way violate the Intellectual Property Law;
- hack (attempt to hack) any technical means of protection against unauthorized use of the Works or try to access the Works in any way not specified in the Agreement;
- carry out (attempt to carry out) any actions (as well as allow inaction) aimed at penetration, interference, etc. into the system of the Website, Mobile applications and/or the Seller’s software, or otherwise contributing to or allowing any malfunctions, or otherwise hindering the normal operation of the Website and Mobile applications, or in any other way causing (may cause) any harm to the Seller and/or third parties;
Non-compliance with the requirements of Clause 3.2.6. of the Agreement is a violation of the law (including the relevant intellectual property protection standards, computer data protection standards, etc.) and entails legal liability (civil, administrative, criminal) in accordance with the law!
3.2.10. All information posted on the Seller’s Websites and/or in Mobile applications on the procedure for using the Website, payment for Works and Goods and other features of the execution of the Agreement shall be an integral part of the Agreement and is legally binding.
3.2.11. The Buyer has the right to contact the Seller Support Service at “firstname.lastname@example.org” for all arising questions.
4. Payment terms
4.1. The Buyer makes an advance payment in the Russian Rubles on the terms specified on the Seller’s Website. The price of each Work shall include the cost of the Seller’s services for providing the Buyer with the possibility of storing on the Seller’s Site servers a copy of such Work intended for download by the Buyer after payment has been made. The price of access to paid Content includes the cost for providing the Buyer an access to all paid non-downloadable Content located on the pages of the Site and not requiring additional download for a period of one month from the date of payment provision by the Buyer.
4.2. The seller has the right to unilaterally change the current prices by posting relevant information on the Website of the Seller. Any change in price does not apply to already paid Works.
4.3. The Buyer has the opportunity to link a bankcard to his account.
4.4. The Buyer has the opportunity to link his PayPal account to his Personal account.
4.6. The User has the right to make payments for the Works and Goods in favor of the specified third party (beneficiary). In this case, if such a beneficiary takes advantage of his right and acquires the Works paid by this User, he (the beneficiary) becomes the Buyer who has fully accepted the terms of this Agreement, and the User who made the payment in favor of this beneficiary loses all rights to use these paid Works and Goods.
4.7. Prices for Works on the Site and in Mobile applications may vary depending on the fees charged by the App Store, Google Play, etc.
5. Responsibility of the Parties. The Seller liability limitation.
5.1. The Buyer assumes full responsibility and risks associated with the use of the Site.
5.2. The Buyer is fully responsible for the use of the Login and Password by third parties.
5.3. The Buyer is fully responsible for the use of information transmitted by the Seller to the email address specified by the Buyer during registration by third parties.
5.4. The Buyer is fully responsible for any violation of the law (including but not limited to ones specified in Clause 3.2.6.).
5.5. The Seller is not responsible for any expenses of the Buyer and any direct or indirect damage to the Buyer resulting from using the Site.
5.6. The Seller is not responsible for the quality of access to the Site via Internet.
5.7. Under no circumstances shall the Seller be liable for the use of the Login and Password by third parties.
5.8. The Seller is not liable for direct or indirect damage to the Buyer resulting from data transmission errors, malfunctions / defects software and/or equipment operation, data loss and damage, data processing or display errors, data transmission delays and other failures that occurred through no fault of the Seller.
5.9. The Seller’s Website, Mobile applications and all related services are provided “as is”, without any direct or indirect guarantees that the specified Website, Mobile applications and/or services may or may not be suitable for specific purposes of use (i.e. for the placement/storage of the User Content).
5.10. The Seller is not responsible for the inability to use the Site, Mobile applications and/or related services by the User for any reason including but not limited to: errors, omissions, interruptions, deletions, defects, delays in processing or transferring the data, communication lines disruption, equipment malfunction, any technical malfunctions or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure to fulfill obligations by certain services suppliers, theft, destruction or unauthorized access to the User Materials posted on the Websites or in any other place, etc.
5.11. Under no circumstances shall the Seller be liable for any costs incurred by the User, direct or indirect damage including lost profits or lost data, violation of dignity or business reputation that may be done to the User resulting from using the Site, Mobile Applications and/or related services.
5.12. The Seller is not responsible to the Buyer if the Buyer for any reason did not like the content, design, literary and artistic value, etc. purchased Work, paid Content or Works of good quality, i.e. if the Buyer has no technical difficulties downloading this Work to his device and/or viewing/reading such a Work on his device, provided that this device is technically sound and has parameters which meet the requirements for displaying of such files.
6. The Agreement term
6.1. The Agreement shall enter into force upon acceptance by the Buyer and is valid until the Parties fully fulfill their obligations.
7. Force Majeure
7.1. The Parties are exempted from liability for partial or full failure to fulfill obligations under this Agreement if such failure was a direct consequence of force majeure arising after the conclusion of the Agreement as a result of emergency events, namely: fire, flood, a hurricane and an earthquake or the imposition by state authorities of restrictions on the activities of any of the Parties and other similar circumstances, if the circumstances could be neither foreseen nor prevented by reasonable measures of the Party.
8.1. In the event of any provisions or any part of the provisions of the Agreement is held as null and void, such holding will not affect the validity or enforceability of any other provisions and parts of the provisions of the Agreement.
8.2. All Appendixes shall form an integral part of this Agreement.
8.3. Any matters not covered by this Agreement shall be governed by the laws of the Russian Federation.
9. Dispute Resolution
9.1. Disputes and disagreements that may arise under this Agreement are resolved by observing the pre-trial (claim) procedure. The term for such claim review by the Seller shall be 7 (seven) calendar days from the date of claim receipt from the Buyer.
9.2. If the Parties do not come to an agreement, these disputes and disagreements are resolved in a judicial proceeding in accordance with the current legislation of the Russian Federation.
10. Personal data processing notification
10.1. By accepting the terms of this Agreement the Buyer gives his consent to the Seller to process his personal data.
10.2. Consent is given to the processing of the following personal data: surname, name, patronymic; email addresses; contact telephone numbers; floor; date of birth; address (country, region); education; marital status; information on persons living together with the Buyer; the number of children; social status; field of activity; interests; Works preferences; the number of Works acquired; social network pages; user data (location information, which pages the User opens and which buttons clicks on; IP address; SID); incoming payments; bank account details.
10.3. During personal data processing the following actions shall be performed: collection; recording; systematization; accumulation; storage; clarification (update, change); extraction; using; transfer (provision, access); blocking; removal; destruction.
10.4. The Seller may use the Buyer's personal data to identify him, clarify payment data, provide personalized services, provide feedback to the Buyer, process applications and requests, perform anonymous statistical calculations, and improve the quality of services provided to the Buyer.
10.5. The following third parties process the provided personal data of the Buyer on behalf of the Seller: «PAYKEEPER-PROCESSING» LLC (119019, Moscow, Novy Arbat St., 21).
10.6. The Buyer's personal data shall be processed throughout this Agreement term. The Buyer has the right to withdraw his consent to the personal data processing by written application to the address specified in the Agreement.
10.7. Mobile applications can collect anonymous data about the location of the User in order to ensure a more correct work with the choice of payment method. Mobile applications may collect anonymous statistics on their use by the Buyer.
10.8. The Seller's Policy on personal data processing can be found here
The Seller: «Navipedia» LLC, PSRN1194704029244 (dated 24.12.2019), TIN 4705084776, IEC 470501001, location address: 188352, Leningrad region, Gatchinskiy district, poselok Myza-Ivanovka, Zheleznodorozhnaya St., 12