User agreement

USER AGREEMENT

This USER’S AGREEMENT is a public offer of Labrina Trading Ltd. (25, Kolonakiue str., Zavos, Kolonakiou Center, 2-nd floor, Office 201 PC 4103, Cyprus) (hereinafter - the "Company") to conclude an Agreement on the conditions stated below.

Contents:

  1. TERMS AND DEFINITIONS
  2. SUBJECT MATTER
  3. EXCLUSIVE RIGHTS OF THE COMPANY
  4. GENERAL TERMS AND CONDITIONS OF USE AND SERVICE BSCS
  5. USER’S REGISTRATION
  6. USE OF THE WEBSITE AND BSCS SERVICES BY THE USER
  7. WARRANTIES
  1. PERMISSION TO USE THE USER’S MATERIALS
  2. LIMITATIONS
  3. NOTICES
  4. CONDITIONS OF PERSONAL DATA USE
  5. LIABILITY
  6. CLAIMS. ARBITRATION
  7. OTHER CONDITIONS

1. TERMS AND DEFINITIONS

The following terms and definitions are applied to this document and the relations of the Parties arising or related thereof:

  • BSCS (Buildings and Constructions Stability Control and Monitoring System) – Structural health monitoring system of buildings and facilities.
  • The User - a capable person independently engaged in entrepreneurial activity without establishing a legal entity, or lawfully acting on behalf of and in the interests of the legal entity, and joint to this Agreement.
  • Login – the name of the User’s account.
  • Password - the set of characters designed to confirm authorized access to the User’s account.
  • The Website – an internet website, global computer network resource, located at www.bscs-service.com.
  • Account - the User account includes User’s name, password and e-mail addresses, and used to access the Website, BSCS Services work and provide feedback to the User.
  • Platform - software and hardware integrated with the Company's website.
  • BSCS Services (BSCS Developer Service) - an online service (set of services and a license) for creating (design) and implementation of a structural health monitoring system called BSCS, provided to the User by using the Platform.
  • BSCS Materials - any materials provided by the Company, including those created by using The Website and BSCS Services, based on the data provided by the User.
  • User’s Materials - any materials, as well as data provided by the User by using BSCS Service.
  • Agreement – the present Agreement along with all additions and amendments.

2. SUBJECT MATTER

  • 2.1. The subject matter of the Agreement is the relationship between the Company, the owner of the Website, and the User about the use of The Website and BSCS Website Services located on the Website. By using BSCS Services, the User agrees to abide by all the terms and conditions described in this Agreement. The procedure for the use of certain Services may be governed by separate regulations, which are also part of this Agreement. This Agreement may be amended by the Company without any special notice.
  • 2.2. This Agreement, as well as all changes, amendments and additions to this Agreement shall enter into force upon its publication at http://www.bscs-service.com/pages/about-us/user-agreement.html.
  • 2.3. The Agreement regulates the use of The Website and all BSCS Services.
  • 2.4. This Agreement shall be binding for all Users registered on the site, or starting using any of BSCS Services.
  • 2.5. The User’s addressing the Website, performed in whatever form, is an expression of the User’s consent to the terms of this Agreement and the agreements for certain Services as well as to other provisions of the terms and regulations governing the use of the Website and the Services in separate editions, which were effective at the moment of factual use of the Website and/or BSCS Services.
  • 2.6. The User has the right to refuse to accept the changes, amendments and additions to the Agreement made by the Company, which means the User refuses to use the Website and BSCS Services.
  • 2.7. By using the Website and/or any Service in any way and in any form within announced features, including:
    • Reviewing the materials posted on the Website;
    • Registration and / or login to the Website,
    • post or display any materials on the Website including but not limited to the following: numerical data, texts, hyperlinks, images, audio and video files, data and / or other information, the User creates a contract on the terms of this Agreement, in accordance with the provisions of the public offer as it is understood by the legislation of the Republic of Cyprus.
  • 2.8. By using any of the above-mentioned opportunities of using the Service, the User acknowledges that:
    • a) the User has read and understood the terms and conditions of this Agreement in its entirety before using the Service.
    • b) the User accepts all the terms and conditions of this Agreement in its entirety, without any exceptions and limitations from his side and undertakes to comply with them or stop using the Service.
    • c) in case of his non-acceptance of the terms and conditions of this Agreement or the absence of the right to enter into a contract based on them, he will immediately cease any use of the Service.
    • d) the User agrees that the Agreement (including any of its parts) can be changed by the Company without any special notice. The new version of the Agreement shall enter into force on the date of its posting on the Website or brought to the attention of the User in a convenient form, unless otherwise provided in the new version of the Agreement.

3. EXCLUSIVE RIGHTS OF THE COMPANY

  • 3.1. BSCS Services are the result of intellectual activity of the Company and are protected by the legislation of the Republic of Cyprus and the international legislation on copyright and related rights.
  • 3.2. In BSCS Services no items violating the rights of third parties are used.
  • 3.3. The right to use the Website, Platform and BSCS Services is only available to Users (and to no other third parties), only to the extent required by this Agreement, unless there is written consent otherwise.
  • 3.4. BSCS Services contain audiovisual works, computer software, trademarks and other intellectual property rights owned by the Company (and / or contractors of the Company) and may not be used without prior permission obtained from the Company.
  • 3.5. BSCS and BSCS Developer Service are registered trademarks, their copyright belongs to the Company. Any use of the above-mentioned trademarks in the Internet shall be permitted only with the consent of the Company, and at the condition of presence of the mandatory hyperlinks from the logos to the website www.bscs-service.com.
  • 3.6. Use of BSCS trademark (logo), BSCS Developer Service’s logo or BSCS web-project BSCS by any means, including their placement in print and other media without Company’s consent are considered to be a violation of trademark rights.
  • 3.7. The Company informs the User that the state registration of rights for BSCS Services has not been performed, which does not negate the existence of the Company's exclusive copyright for BSCS Services.
  • 3.8. The User agrees not to reproduce, copy, modify, sell, communicate to the public, distribute the content and program applications of BSCS Services, in whole or in part, unless otherwise is provided by the terms and conditions of the Agreement . If the User submits his registration data to the third party, the User shall be responsible under this Agreement for any action of the third party.

4. GENERAL TERMS AND CONDITIONS OF USE AND SERVICE BSCS

  • 4.1. Using the functionality of the Service is only permitted after the User’s registration and authorization on the Website in accordance with procedures established by the Company.
  • 4.2. Selected Username and Password are required and sufficient information for the User’s access to the Website. The User has no right to pass his Username and Password to third parties; shall be fully responsible for their safety, and choose the way of their storage.
  • 4.3. Technical, organizational and commercial conditions of use of the Website and the Service, including its capabilities, are communicated to the Users by separate posting on the Website or by notifying the Users.
  • 4.4. The Company shall undertake all reasonable and necessary steps to provide the services 24 hours seven days a week.
  • 4.5. In some cases, the User’s service may be interrupted due to maintenance, upgrade and repairs, or as the result of failure of communication lines or equipment not owned by the Company. In such cases, the Company will take sufficient and reasonable steps to restore functionality of The Website and the Service in the shortest possible time.
  • 4.6. The Company has the right to partially or completely modify or terminate BSCS Services or BSCS Materials at any time in its sole discretion, with or without notice. The Company assumes no liability for any such decision to the User or to any other persons.

5. USER’S REGISTRATION

  • 5.1. In the process of completing the registration form, the User chooses a Login (Username) and Password required for future access to his Personal Account (email account), as well as informational data (e-mail), and allows the User to recover access to his Personal Account. The User confirms that he is informed about the fact that security of his account directly depends on the complexity (number and variations of characters) of his Password and information data.
  • 5.2. The Company in no way checks the User’s data, hereinafter - the credentials, except when such inspection is provided according to the terms and conditions of the Service or any particular legislation of the Republic of Cyprus.
  • 5.3. The Company is not liable to any third parties for the accuracy and reliability of Users’ Accounts data and does not consider User’s credentials as User's personal data.
  • 5.4. Placing accounting and other data and information, and joining the agreement, the User agrees to the Company for processing accounting and other data and their displaying in the User’s profile and appropriate services based on available functionality (which may be changed at the discretion of the Company).
  • 5.5. The User agrees to transfer accounting and other data to a third party, including for the purposes of their processing, to ensure the functioning of the Website, Services, and implementation of partnership and other programs of the Website.
  • 5.6. The purpose of processing the User’s credentials is to provide the Company the opportunity to use the Website and Services and the right to use additional functional (software) Service opportunities, advertising campaigns, providing targeted advertising and Services, conducting statistical research and analysis of statistical data, the implementation of other actions described in this Agreement.
  • 5.7. User’s credential handling is carried out in the period from the date of registration until the moment the User deletes his account.
  • 5.8. User agrees that the Company in the process of credentialing is entitled to exercise the credentials with the following steps: collection, systematization, collection, storage, use, disposal and other necessary actions with the purpose of execution of the Agreement.
  • 5.9. When using any of registration methods on the Website, User’s password is unavailable for the Company.
  • 5.10. The User is personally responsible for the safety and security of his password and information data (secret question and answer.)
  • 5.11. The Company is not responsible and does not guarantee the security of User’s electronic Personal Account in the following cases:
    • informing third parties (either intentionally or negligently) about User’s Password and information and data (security question and answer);
    • third party access to the electronic User’s Account by using software tools for implementing User’s Password decoding;
    • third party access to Electronic User’s Account by simple guessing passwords and information data (secret question and answer);
    • User’s failure to follow the recommendations listed in this Agreement or BSCS Services interface.
  • 5.12. The User undertakes to:
    • immediately notify the Company of any unauthorized use of his User’s Account or any other security failures;
    • log out of his account (finish each working session on clicking the "Exit" button) on finishing work with his account and personal part of BSCS Services. The Company is not responsible for any lost or corrupted data, which can occur due to non-compliance with the recommendations set out in this Agreement.
  • 5.13. The Company recommends the User to protect his password and fill out the registration form in the Personal Account of BSCS Development Service website with exact, true and complete data.

6. USE OF THE WEBSITE AND BSCS SERVICES BY THE USER

  • 6.1. The Company provides registered and/or Authorized User with the right of functional use of BSCS Services under a simple (non-exclusive) transferable license within the functionality of the Website.
  • 6.2. The Company may establish limits on the volume and composition of the information materials placed by the User, numerical and other data, as well as introducing other technical restrictions to the use of the Platform and (or) of the Website, which will be communicated to the Users, from time to time, in the form and manner chosen by the Company.
  • 6.3. Using the Platform and (or) Website in any other way is strictly prohibited.

7. WARRANTIES

By accepting this Agreement, the User confirms and guarantees that:

  • 7.1. The User has all necessary rights and authorities to enter into the Agreement for the use of the Website and BSCS Services located on it;
  • 7.2. The use of the Website and BSCS Services will be solely performed for the purposes authorized by this Agreement in compliance with its provisions, as well as requirements of the legislation of the Republic of Cyprus, the international legislation in the field of protection of intellectual property, copyright and related rights;
  • 7.3. The User will not take any actions that contradict or hinder the provision of the Services or BSCS Website or the Platform, related equipment, networks, or software with which BSCS Service is provided;
  • 7.4. User’s use of BSCS Service for specific purposes does not violate the property and / or personal rights of third parties, as well as prohibitions and restrictions imposed by applicable law, including without limitation: copyright and related rights, trademarks, service marks and products origins names , industrial design rights, the right to use images of people, provided by the User’s materials do not contain any information and / or images, insulting the honor, dignity and business reputation of individuals promoting violence, pornography, drugs, racial or ethnic hatred, and the User will be granted all necessary permissions from authorized persons in connection with the use of such materials.

8. PERMISSION TO USE THE USER’S MATERIALS

  • 8.1. By accepting the terms of this Agreement, the User grants the Company the right to use (permission to use) materials and data that the User adds (places or broadcast) on the Website.
  • 8.2. Given right and / or permission to use the materials and data are provided by the Company at the same time. by adding the User of such materials on the Website for the duration of the exclusive rights for intellectual property protection or moral rights for these materials to be used in all countries of the world.
  • 8.3. As part of the Company's ordinary (non-exclusive) license the use of materials is permitted in the following ways:
    • reproduce materials, i.e. to produce one or more copies of the materials in any form, and record them in the memory of the electronic device (the reproduction right);
    • distribute copies of materials, i.e. provide access to reproduced in any form material, including network and other means, as well as by sale, rent, lease, loan provision, including import for any of these purposes (right of distribution);
    • display materials in public (right of public display);
    • perform materials in public (right of public performance);
    • communicate the results of processing of materials provided by the User and / or data in such a way that any person may have access to it online from any place and at any time of his choice (right of communication to the public);
    • modify the materials, i.e. modify or otherwise process the materials, including the translation of the materials from one language into another (the right to process);
    • the right to assign all or part of the obtained rights to third parties (the right to sublicense).

9. LIMITATIONS

  • 9.1. By agreeing to the terms of this Agreement, the User understands and acknowledges that:
    • 9.1.1. The provisions of the law on protection of consumer rights shall not be applied to the relations of the parties concerning providing the services on a gratuitous basis; and the results obtained by the User during his work with the Website and Services shall not be used to meet domestic and/or personal needs of the User.
    • 9.1.2. BSCS materials should only be used as guidelines in the implementation of the User business (commercial) activities, considering the requirements, exclusions and technologies, as well as other statutory acts or international restrictions applied to the corresponding User’s activity within the State in which such activities are carried out.
    • 9.1.3. BSCS Services are provided "as is". In this connection, the User is not guaranteed that BSCS Services will meet all User’s requirements; providing the Services will be uninterrupted, timely, secure or error free; the results obtained by using BSCS Service are accurate and reliable; the quality of any BSCS product, service, information and materials obtained using BSCS Service will meet User’s expectations; all BSCS Service software bugs will be corrected.
    • 9.1.4. The entire responsibility for User’s materials, as well as their compliance with the applicable law shall be the person who created these materials and / or add them to The Website.
    • 9.1.5. The Company has nothing to do with the materials provided and / or hosted (including broadcasted) by the Users of the Website, and does not check the content authenticity and security of these materials or their components, as well as their compliance with applicable law, and the User has the necessary scope of the rights to use it.
  • 9.2. The User is forbidden to use the Website and BSCS Services to:
    • organize and/or distribute counterfeit materials;
    • predominantly or exclusively provide links to other sites;
    • distribute promotional materials in private messages to other Users without their prior consent to receive them (spam);
    • limit access to files posted on the Website or broadcasted on it by using a password or other means.
  • 9.3. User agrees not to use BSCS Services for:
    • uploading, posting and sending, transmitting or any other kind of publication of material that violates any rights of third parties, including the right to trademarks (service marks), trade secrets, and/or for breach of any other intellectual property rights of third parties;
    • uploading, posting, transmitting or any other kind of publication of any material containing viruses or any other computer codes, files or programs designed to violate, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access to computer systems , equipment or those given by third parties, as well as serial numbers for commercial software products, applications and programs for their generation, logins, passwords and other means to gain unauthorized access to paid websites on the Internet, as well as to provide links to the above-mentioned information;
    • violation of any current legislation of the Republic of Cyprus.
  • 9.4. The User agrees not to use automated scripts (programs) to collect information and (or) interaction with BSCS Website and Service.
  • 9.5. Except as set forth in this Agreement and the laws of the Republic of Cyprus, no materials on the Website may be copied (replicated), processed, distributed, displayed, published, downloaded, transferred, sold or otherwise used in whole or partially, without prior permission from the Company or its respective owner, except when the franchisor explicitly expressed his consent to free use of the materials.
  • 9.6. Any use of BSCS Services, other than permitted by this Agreement or in the case of the explicit consent of the author (Franchisor) for such use, without prior written permission is strictly prohibited.
  • 9.7. Upon request of the authorized law enforcement and other authorized state body, but in accordance with applicable law, the Company may transfer available information about the User to the authorized public authorities.
  • 9.8. In case of violation of rights and / or interests of the User in connection with the provision of BSCS Service, including illegal disposal of materials or data to other Users, the User should notify the Company. To do this, the User must send a written notice to the Company describing detailed circumstances of the breach, and hypertext links to webpages containing the content that violates your rights and / or interests.
  • 9.9. In case any claims of third parties arise in respect of violation of any property and / or personal rights of third parties, as well as the legislation bans or restrictions, the User, upon the request of the Company, shall pass an official identification procedure, providing the Company with duly certified obligation to settle the arisen claims on his own and at his own expense, indicating their passport details and / or registration data representing the User Company.
  • 9.10. The Company reserves the right to remove any materials from The Website or to temporarily unilaterally restriction of access to them without explanation.
  • 9.11. In case of multiple or single gross violation of the terms of this Agreement and/or legal requirements, the Company reserves the right to terminate User’s account entirely, delete it or otherwise limit (stop) access to The Website and/or to limit (stop) the ability to use BSCS Service by the User.
  • 9.12. In case of involving the Company to liability or the imposition of sanctions on it in connection with admitted User’s violation of third parties interests, as well as of legislation bans or restrictions, the User shall fully refund all expenses to the Company.
  • 9.13. The Company is not liable for anyone’s use of User’s personal data.
  • 9.14. Under any circumstances, the Company's liability is limited in the amount of one hundred (100) EUR and the Company is only considered to be liable solely in the presence of guilt in its actions.

10. NOTICES

  • 10.1. The User agrees to receive from the Company to his email address listed in his account and/or phone information messages (hereinafter - "notifiers") about important events occurring within the Website or in connection hereof.
  • 10.2. The Company may use notifiers to inform the User about the Platform and (or) the Website and / or any changes in the information resources located on them.

11. CONDITIONS OF PERSONAL DATA USE

  • 11.1. Joining the terms of this Agreement, the User presents a written consent to the automatic processing of personal data provided in order to sign a contract on the terms and conditions of this Agreement, and its subsequent execution.
  • 11.2. In the cases admitted by functionality of the site, Users define the accessibility of their personal data to other Users online.
  • 11.3. User acknowledges and agrees that in case of placement of his personal data with the use of the Website in a manner providing the opportunity to obtain their Internet Users, personal data are considered public. The User understands that his personal information is considered public in case when confidentiality requirement does not extend, in accordance with the legislation of the Republic of Cyprus.

12. LIABILITY

  • 12.1. The User understands and agrees that:
    • 12.1.1. The Company is not responsible for proper preparation of BSCS project documents based on the products developed under the assistance of BSCS Developer Service and including the defects discovered later in the course of construction and commissioning works on creation BSCS, as well as during BSCS operation and maintenance.
    • 12.1.2. The Company assumes no responsibility for compliance of BSCS Services to User’s purposes.
  • 12.2. The Company assumes no liability for any direct or indirect losses the User has occurred because of the use or inability to use BSCS Services; due to unauthorized access to the User’s communications; due to fraudulent activities of third parties, including the use of BSCS symbols or BSCS trademark for selfish purposes.
  • 12.3. During and within BSCS Services operation, confidentiality of User’s messages and information are provided, except for the cases stipulated by the legislation of the Republic of Cyprus.

13. CLAIMS. ARBITRATION

  • 13.1. In case the User considers that his rights and interests were violated by Company’s actions, the User may submit a claim. All claims are considered by BSCS Users Support Service, in accordance with the general procedure of processing incoming requests. E-mail addresses of BSCS Users Support Service are: support@bscs-service.com, hotline@bscs-service.com.
  • 13.2. For all questions and requests about BSCS Developer Service operation, the User can address BSCS Users Support Service by the following e-mail addresses: support@bscs-service.com, hotline@bscs-service.com or by using his Personal Account on the website www.bscs-service.com.
  • 13.3. The User and the Company agree that all possible disputes concerning this Agreement shall be resolved in accordance with the applicable legislation of the Republic of Cyprus, as well as the norms of International law. In this case, international law shall prevail over national legislation of the Republic of Cyprus.
  • 13.4. All disputes under this Agreement or in connection thereof shall be subject to judicial review at the location of the Company in accordance with applicable at the time of the dispute resolution legislation of the Republic of Cyprus.

14. OTHER CONDITIONS

  • 14.1. The User shall determine the conditions and procedure of using the Personal Account created by him; the conditions, however, under no circumstances can be inconsistent with this Agreement.
  • 14.2. This Agreement, the order of its conclusion and execution, as well as the issues not covered by this Agreement shall be governed by the laws of the Republic of Cyprus and international legal acts in the field of protection of copyright and intellectual property.
  • 14.3. This Agreement can be modified or terminated by the Company, unilaterally, without prior notice sent to the User and without any compensation to him in this regard.
  • 14.4. The current version of this Agreement is located on the Company's website and is available online at: http://www.bscs-service.com/pages/about-us/user-agreement.html.

Revision of the July, 10th, 2014.