Agreement for Usage of Materials and Content of the Website www.bankofpartners.com
This Agreement for Usage of Materials and Content of the Website www.bankofpartners.com(hereinafter the Agreement) shall govern the relationship between you (hereinafter the User) and Sberbank of Russia (hereinafter the Website Administration or Sberbank) regarding the usage of the materials and Content posted on the website www.bankofpartners.com www.bankofpartners.com (hereinafter the Website).
Before using the materials and Content of the Website, please, read and understand the terms and conditions hereof.
By registering on the Website or continuing to use the materials and Content posted on it, the User thereby accepts and agrees to fulfill any and all terms and conditions hereof.
In case the User does not agree with the terms and conditions hereof in full or in part, he/she shall terminate using all materials and Content.
General Terms and Definitions Used in the Agreement
Website (BBP Service)i is a set of web pages posted on the Internet and united by the single addressing domain space www.bankofpartners.com. The home page of the Website, through which all other web pages of the Website are accessed to, is available on the Internet at www.bankofpartners.com
Copyright Owner/ Website Administration i (Copyright Owner/ Administration) is Sberbank of Russia (OGRN 1027700132195) which owns exclusive rights to the Website and its components (code, design, databases, etc.) that represent the Website’s functional and individual copyrighted items, and which administers the Website.
Website User (User)i is a competent individual who has reached the age of eighteen (18) years old and registered on the Website, possesses login credentials on the Website (login and password), and has concluded this Agreement with the Copyright Owner.
User Account (Account) is an account of the User, which is created at the time of registration on the Website and allows the Administration identifying (authorizing) each User through unique login and password. Login and password for accessing the Account shall be determined by the User on his/her own when registering.
User Profile is a section of the Website, that contains any part of information posted in the User Account and available to other Users for examination. The Profile shall be used for messaging, adding and ordering Queries, giving requests, and performing other activities.
Content is design components, illustrations, graphic images, scripts, computer programs, video, music, sounds, text, and other items being intellectual property or not, the rights (including exclusive right to intellectual property) to which are owned by Sberbank, or the Users, or partners of Sberbank.
License is a simple, non-exclusive, non-transferable, revocable, free license granted by the Copyright Owner to the User in respect of the Content owned by Sberbank in the territory of the Russian Federation for the effective period of the Agreement (subject to the provisions of Clause 5.4 hereof) for usage in accordance with its purpose.
Avatar is a small picture that serves to better identify a user.
1. Subject of the Agreement
1. The Copyright Owner shall grant the License to use the Content to the User.
2. The User shall use the Website pursuant to the terms and conditions hereof and in accordance with the applicable laws of the Russian Federation.
3. The User may use the Content owned by Sberbank in the following ways:
- Reproduction through downloading the Content to his/her own equipment, including recording into computer memory;
- Functionally intended usage as a part of the Website.
4. The methods of usage listed in Clause 1.3 are allowed solely for non-commercial purposes.
2. General Provisions
2.1. This User Agreement is a legally binding instrument and governs the relationship between the Administration and the User regarding using the Website and the Content posted on it.
2.2. By using the materials or Content of the Website, you shall agree that:
а) You have read and understood the terms and conditions hereof in full before starting to use the materials and Content of the Website.
b) In accordance with Article 435 of the Civil Code of the Russian Federation, this Agreement is an offer and starting to use the materials or Content of the Website in any form means that you accept any and all terms and conditions hereof in full without any exemptions or limitations on your part (acceptance). No usage of the materials and Content of the Website is allowed otherwise. This Agreement is concluded by acceptance of this offer, does not require bilateral signing and is valid in electronic format.
c) If you do not agree with the terms and conditions of this Agreement or may not conclude the same by law, you shall immediately terminate using the materials or Content of the Website.
d) The Agreement (including any part thereof) may be amended by the Administration without any special notice. A new version hereof shall come into force since posting thereof on the Website, unless otherwise provided for in the new version hereof.
2.3. The relationship of the Parties may further be governed by individual instruments or agreements that regulate usage of corresponding services and/or rendering of services to the User. Application of such additional instruments or agreements shall not cancel this User Agreement.
2.4. The Copyright Owner is not obliged to, but may, at its own discretion, advise the User on how to use the Website.
2.5. Usage of the Website and the Content thereof is free of charge for the User.
3. Registration Procedure and Usage of the Website
3.1. In order to take advantage of certain functions of the Website, the User shall undergo a registration procedure, as a result of which the User Account is created for the User. The user, when logging into the Site for the first time with Sberbank ID or SberBusiness ID, registers on the Site, and create an account as well.
3.2. When choosing the method of registration via e-mail, at the time of registration or during the first login to the Account, the User indicates the following data:
- Surname, name, patronymic of the User;
- Contact telephone number of the User;
- Place of residence of the User (as an option);
- Photo (as an option);
When choosing a registration method using the Sberbank ID Service or SberBusiness ID, the User specifies a mobile phone number or login to Sberbank Business Online.
3.3. The User shall provide reliable and complete information on himself/herself. The Administration shall verify the data specified by the User by sending a letter containing a registration confirmation link to the e-mail address specified by the User.
3.4. The User’s account data specified by him/her when registering, surname, name, patronymic of the User, contact phone number, citizenship, place of birth, e-mail, username and password of the User, shall be processed by the Administration to fulfill obligations to the User hereunder. The User shall give his/her consent to the Administration to processing of the account data. However, the Administration shall not be liable to any third parties for accuracy and reliability of the User’s account data.
3.6. Any actions committed using login and password of the User shall be deemed performed by the relevant User.
3.7. In case of unauthorized access to login and password and/or the User Account, or disclosure of login and password, the User shall immediately notify the Administration to this effect.
3.8. The Website is intended for communications of the Users regarding provision of services in foreign trade business. Any User may post offers for rendering of certain services on the Website. The User may amend (edit) or delete his/her publications. The User shall agree that the Publications may be corrected by the Administration in part of the grammar and punctuation, however, the User shall be responsible for the data contained in information materials posted by him/her. The Administration may delete the User’s publications independently and without giving a notice to the User and, among others, may:
- not publish services, requests, responses of the User, that contain uncontrolled vocabulary, insulting or provocative statements, pornography, images, or other information that violates privacy;
- delete published services, requests, responses of users at any time;
- independently determine the period during which services, requests, responses of the Users are considered relevant and published.
3.9. The Administration shall not undertake to notify the User(s) of the reasons for rejection of publications and/or deletion of previously published services, requests, responses.
3.10. Information materials shall not be deleted from the Website at the User’s request. The specified information may only be deleted at the request of its authors, or in case there are signs of violation of the laws of the Russian Federation or this Agreement.
3.11. The Website Administration shall not be responsible for the content of information posted on the Website by the Users and for its reliability, and shall not be responsible for direct or indirect loss of profit of the User and any other losses or damages incurred by the User when using the Website or the Content thereof.
3.12. In case of presenting any claims, demands and/or suits to the Administration for infringement of third-party rights related to violation of the User’s guarantees or obligations, the User shall undertake to settle them and compensate for damages to the Administration in case of their occurrence.
3.13. The License does not apply to trademarks, service marks, commercial name, logotypes, and other means of identification of the Copyright Owner.
3.14. The License is limited to the right of use specified in Clause 1.3 and no provisions of the Agreement shall mean transferring any exclusive rights to the Content of Sberbank to the User.
4. Rights and Obligations of the User
4.1. The User may:
a) Make settings of the Account, change a password to access the User Profile;
b) Post information in the User Profile, add a photo of the User;
c) Publish offers and requests for rendering of services, edit them, and use other services of the Website;
d) Send and receive messages;
e) Consume the services rendered by the Administration and/or partners of the Administration;
f) Perform other actions related to usage of the Website or the Content thereof, which are consistent with the laws of the Russian Federation or the User Agreement.
4.2. The User shall:
а) at the time of registration of the Account, specify relevant information and choose a username and an avatar as correctly as possible. Nicknames shall not contain provocations, insults, obscenities or hints thereto, and shall not associate with the names of any celebrities (either present-day or historical). Avatars shall not contain pornography or images that violate privacy;
b) take any necessary measures to ensure confidentiality of the account data (login and password) used to access the User Profile, be careful that no password is saved in a browser (including when using cookies) when a computer is used by others;
c) abstain from uploading any materials with the photos of other people without their preliminary consent thereto except for when the consent is not required according to Article 152.1 of the Russian Civil Code;
d) not use any dishonoring words, statements, or threats in publications;
e) Notify the Website Administration of any cases of committing actions against the User, that may be regarded as insulting, derogatory, discrediting, or other ones;
f) Comply with the applicable laws of the Russian Federation, not violate third-party rights, and notify the Administration of any violations;
g) not commit any actions prohibited as specified in Section 6 hereof;
h) keep track of any amendments made herein;
i) use the functionality of the Website in accordance with its intended purpose;
j) bear other duties specified in other clauses hereof;
k) not attempt to circumvent engineering constraints imposed by the Website;
l) not impair the operation of the Website, including by posting elements that impede information sharing in real time, or open additional browser windows, or replace any functional elements of the interface, etc.;
m) not post any links to resources which content is contrary to the applicable laws of the Russian Federation and international rules;
n) not disclose incorrect information on his/her involvement in the Administration;
o) not promote any measures aimed at violating the restrictions and prohibitions imposed by the Agreement or violating any rules of the applicable laws of the Russian Federation;
p) not render remotely on the Website any services for Adult Entertainment, gambling, or other types of goods/services prohibited by the laws of the Russian Federation and international standards.
r) Do not authorize on the Site using Sberbank ID or SberBusiness ID of the third parties.
4.3. Processing of personal data is carried out according to requirements of the Federal law of the Russian Federation from 7/27/2006 No. 152 FZ Personal data, GDPR and also according to article 5.1 of the Schedule 1 upon receipt User's consent to personal data processing by the Administration of the website. Consent to personal data processing is posted on the Website www.bankofpartners.com.
The User has the right and opportunity to withdraw given consent at any time, having sent the notice of it to Sberbank to the address: firstname.lastname@example.org, herewith personal data processing stops from the moment of processing of such inquiry (in 10 business days from the date of receipt of inquiry or less). In these circumstances from the moment of sending the message about a withdrawal of a consent for personal data processing the User will discontinue use of the Website.
5. Rights of the Administration
5.1. The Website Administration shall manage the Website, determine its structure and appearance, permit or restrict the Users’ access to the Website, and exercise other vested rights.
5.2. In terms of enabling interaction between the Users, including allowing the Users to independently perform any actions within the Website, the Website Administration shall be an entity which only provided the technical capability of such interaction, and any related transfer or storage of, or ensuring access to, the information and other materials provided by the Users via the Internet shall be made without amending such materials or affecting those on the part of the Website Administration.
5.3. The Website Administration shall deal with the procedure for advertising on the Website, participating in partner programs, etc.
5.4. The Website Administration may:
a) At any time, change the design of the Website, its content, the list of Services, modify or supplement any scripts used, software, Content and other items used or stored on the Website, any server applications, with or without giving a notice to the User;
b) Without any reason and without notice, delete any publications of users and other Content, including the Content that, at the discretion of the Administration, violates and/or may violate the laws of the Russian Federation, the provisions of the User Agreement, the rights of other Users or any third parties, cause harm to them or threaten their safety;
c) Block and delete the User Account at its own discretion, including when the User commits any actions that violate the laws of the Russian Federation or the provisions of the User Agreement. In case the User Account is deleted or blocked, the License shall terminate;
d) Send messages to the Users (including by e-mail), which are notifications of putting into operation new services or canceling old ones, approval and publication of a new version of the User Agreement, new private messages in the User Account, responses, etc., and notifications containing advertising information on the services of the Administration or partners of the Administration;
e) Provide the User with promotional materials on the Website.
f) Post on the Site information materials of the Administration partner (information, services, links to Internet sites). At the same time, the Partners of the Administration are independently responsible for: - timely and high-quality provision of the selected services (works) to the Users; - execution and preservation of the legal rights and interests of third parties, as well as the observance of the rights of third parties for services (works) sold by partners of the Administration, including intellectual rights, regulated by the legislation of the country of the respective partner of the Administration; - property, moral or any other damage caused to Users and other persons as a result of using the information materials of the Administration's partner; - compliance of information materials and websites of the Administration's partners with the current legislation on advertising, consumer protection, protection of competition in the Russian Federation, as well as that the Administration's partner has the necessary volumes of rights to information materials;
g) Place on the Site payment tools (payment services), allowing users to pay for services (works) of the Administration partners with the use of bank cards (on the basis of separately concluded contracts for the provision of Internet acquiring between Administration partner and Administration), for transactions of the users with Administration partners, whose offers placed on the Site.
5.5. The Administration is not obliged to deal with consideration and resolution of disputes or conflicts arising between the Users, however, the Administration, at its own discretion and in order to maintain a constructive atmosphere on the Website, may assist in resolving conflicts through processing of user complaints.
6. Limitations and Prohibitions
6.1. The User may not:
a) Perform large-scale collection of personal data of other Users;
b) Apply any automatic or automated means to collect information posted on the Website;
c) erform propaganda or agitation that incites social, racial, national or religious hatred or enmity, propaganda of war, social, racial, national, religious or linguistic superiority, insulting religious feelings and beliefs of other users, and blasphemous desecration of symbols used by them;
d) Post provocative publications (trolling), meaningless or uninformative responses (flood), and excessive quoting (overquoting);
e) Write messages consisting only of smiles or punctuation marks, in capital letters, use a lot of exclamation marks, or intentionally write with spelling mistakes;
f) Post on the Website, or transmit through Private Messages, restricted (confidential) information of any third parties, if the User is not duly qualified by law or under contract to disclose this information;
g) Post, reproduce, copy, process, distribute, publish on the Website, communicate to the public, download, transmit, sell or otherwise use, in full or in part, the Content of the Administration, partners of the Administration, other Users or any third parties without their prior permission, except as established by the User Agreement and the applicable laws of the Russian Federation and when the copyright owner gave its express consent to free use of its own Content by any person. By posting the Content on the Website otherwise, the User confirms that he/she enjoys any and all necessary rights, including the right to inform the public that such posting does not, and will not, violate any rights and legitimate interests of copyright owners and any third parties, and that all necessary permits and consents have been properly and explicitly obtained to this effect from the respective copyright owners and third parties. Posting the Content on the Website is prohibited if the User does not have necessary rights and/or consent of a copyright holder to this effect;
h) Post on the Website in the public domain, or transmit through private messages, any text messages, graphic images or other materials which content is offensive to other Users or other persons or may be regarded as such, as well as messages, images or other materials that discredit users or other persons, contain threats, calls for violence, committing unlawful acts, asocial or immoral acts, as well as committing any other actions that contradict the public order or ethical principles;
i) Post any materials on the Website (including incorrect ones) if such posting inflicts, or may inflict, damage to honor, dignity or business reputation of a citizen or business reputation of an organization;
j) Post information on the Website, if it contains obscene words or statements;
k) Post any pornographic materials on the Website, or hypertext links to any websites that contain such materials;
l) Post on the Website any personal data, including contact details of other Users or other persons without their prior consent;
m) Indicate when registering the Account, or subsequently enter, knowingly false or fictitious information on himself/herself;
n) Perform intrusive propaganda of any doctrines, theories, views that are not related to the website subject and (or) encourage separation, aggression or hatred to any social or cultural category;
o) Post on the Website in the public domain without prior consent of the Website Administration, or transmit through private messages without prior consent of the User, any text messages, graphic images or other materials that contain advertising, except when promotional materials have been agreed upon with the Administration;
p) Perform actions aimed at destabilizing the functioning of the Website, attempts to gain unauthorized access to management of the Website or its closed sections (those accessible only to the Administration), or any other similar actions;
q) Make unauthorized access to the Accounts of other Users by cracking or entering a password, as well as attempting such access;
r) Send out spam, i.e. mass mailing of commercial, political, advertising or other information (including hyperlinks leading to any websites with such information and/or websites containing malicious software) in private messages, comments, etc., if Recipient Users did not express their consent to receive such information;
s) Discuss the actions of the Administration in public.
7. Guarantees and Responsibilities
7.1. The Website Content shall be provided on an ‘as is’ basis therefore no guarantees shall be granted to the User.
7.2. Usage of any materials, data or Content of the Website shall be solely at the User’s risk, and the Administration will not be liable for any loss of profits, losses or other damages resulting from usage of the materials and/or Content of the Website.
7.3. All information and/or promotional materials posted on the Website are provided by third parties. The Administration shall not be responsible for reliability of information and/or promotional materials of third parties, availability of their websites and content thereof, and for any consequences arising from usage of information and/or advertising, as well as websites of third parties.
7.4. Since the materials and/or Content of the Website are subject to permanent supplement and update of new functional capabilities, the form, nature and capabilities of the Website may be amended without giving a prior notice to the User. The Administration may, at its own discretion, terminate (temporarily or finally) displaying the materials or Content of the Website (or any individual parts thereof) for all Users in general or for an individual User in particular, without prior notice.
7.5. The User shall be liable for any breach of the obligations established by this Agreement and (or) applicable law, as well as for all consequences of such breaches (including any losses that may be incurred by the Administration or other third parties).
7.6. The Administration shall reserve the right to prosecute violators of exclusive intellectual property rights in accordance with civil, administrative and criminal laws at its own discretion.
7.7. The User, when posting his/her publications or other materials on the Website, including the Content owned by the User, thereby grants to other Users and the Administration the right to use such materials and Content by any means, including, but not limited to, those specified in Sub-article 2 of Article 1270 of the Civil Code of the Russian Federation. The right of use shall be granted under a simple (non-exclusive) free license for the effective period hereof and in the territory of the Russian Federation.
7.8. The User shall guarantee that posting on the Website, or transmit through private messages, of the information or Content of the User, other legally protected intellectual property, parts or copies thereof, as well as other materials does not violate any rights or legitimate interests. In case any third-party claims arise due to violation by the User of the terms and conditions of the User Agreement regarding posting of the information and/or Content of third parties, the Website Administration may transfer, to the extent permitted by law, any available contact details of the User to the parties which have submitted the claims, in order to settle the differences.
7.9. The User shall guarantee that he/she will take appropriate measures to ensure confidentiality of the account data (login and password) used by him/her for authorization on the Website, and prevent authorization by others.
7.10. The Website Administration shall observe the secrecy of correspondence made by the Users through private messages.
7.11. The Website Administration shall guarantee usage, on the part of Administration, of the e-mail address specified in the User Account for communications between the Administration and the User, giving notices or messages to the User, providing services to the User, and using services or other capabilities of the Website with the User’s consent that can be expressed through functional capabilities of the Website, unless otherwise provided for by the User Agreement or applicable laws.
7.12. When providing the User with the technical capability of using the Website, the Website Administration shall not participate in formation of the content of the User Account or uploading of information by the User, shall not monitor the User’s actions, nor automatically censor information in the public sections of the Website and User Accounts, nor censor private messages, and shall not be liable for acts or omissions of the User, since the information system of the Website and its software do not have any technical solutions to automatically censor or monitor the Users’ actions.
7.13. The Website Administration shall not, and does not have any technical capability to, pre-moderate the information and Content from the Users and shall not be responsible for the Content posted by the User.
7.14. The Website Administration shall not be liable for possible failures or interruptions in the Website operation, or losses of information caused thereby. The Administration shall not be liable for any damage to the User’s computer, mobile devices, any other equipment or software, which is caused by or related to usage of the Website or websites available through hyperlinks posted on the Website.
7.15. The Administration shall not be liable for any damage, including loss of profits, or harm caused by usage of the Website, Content or other materials which the User or other persons have accessed to through the Website, even if the Website Administration notified of, or indicated, possible infliction of such damage or harm.
7.16. The Website Administration shall not be liable for any damage that may be caused to the User, including loss of data, blocking of the Account, deletion of the Content, or terminated operation of the service or the Website.
7.17. The Administration shall not be liable for any failure to render, or properly render, the services to the User by other users or partners of the Administration, or for failure to get the results expected by the User from using the Website or the service of a partner of the Administration.
7.18. The Administration shall not be liable for any actions of the Users or any services offered, as specified in the advertisements posted. All disagreements on the services offered, including claims to safety, legality and compliance of the service with its specification, shall be settled between the Users independently without involving the Administration.
7.19. In case the User has any claims against another User in connection with usage by the latter of the materials or Content of the Website, the User shall agree to present these claims independently and without interference from the Administration, as well as shall release the Administration (together with its affiliates and personnel) from any claims, liabilities, compensations for damages, losses, costs and expenses, due to such claims.
7.20. The User shall be independently responsible for any illegal actions performed with the User Account and related to posting of the Content using the Account on the Website, and, among others, for compliance of the Content posted by the User with the requirements of applicable laws, including third-party liability. The User shall agree that the service operation technology may require copying (reproduction) of the User’s content by the Administration as well as its processing by the Administration to meet the technical specifications of any service.
7.21. The User shall be personally liable for any Content or other information which he/she uploads to the Website or otherwise brings to the notice of other users on or using the Website. The User shall independently resolve any third-party claims related to unlawful posting of the Content and information.
7.22. Hyperlinks to any website, product, service, information of commercial or non-commercial nature, which are posted on the Website, forwarded in private messages by the Users, etc., shall not mean approval or recommendation of these products (services) by the Administration. The Administration shall not be liable for any damage caused to the User as a result of clicking such hyperlinks.
7.23. Clicking third-party Websites, installation of programs or consumption of third-party services shall be made by the User at his/her own risk. The provisions of the User Agreement shall not apply to the relationship between the User and third parties.
7.24. The Administration shall issue a warning for a minor violation of the provisions of the User Agreement, by sending a private message to a violator with explanation of the reason. Repeated violations may result in temporary revocation or restriction of the User’s rights (ban) or temporary blocking of the Account. Minor violations may include technical ones (overquoting, spelling of words in transliteration or capital letters, etc.), spamming, light trolling.
7.25. For a gross violation of the provisions of the User Agreement, the User’s access to the Website, individual sections of the Website and/or services may be restricted, suspended or terminated for an indefinite period. Gross violations mean using pejorative statements, offensive (obscene) statements addressed to the Website users of the Administration and so on.
7.26. The Administration shall reserve the right to determine the criticality of violations, apply or cancel penalties at its own discretion.
7.27. The Administration shall not be liable for cracking a password by any third parties and any actions committed by them with the User Account.
8. Final Provisions
8.1. The Agreement shall be effective from its acceptance till removal of the User Account or occurrence of any other conditions specified herein.
8.2. All disagreements arising between the Parties shall be settled by negotiation. Pre-trial settlement of disputes arising out of the relationship governed by the User Agreement shall be considered mandatory. The period for pre-trial settlement of claims shall be thirty (30) business days since a respective claim has been received. Should the Parties fail to settle a dispute, such a dispute shall be presented before the court at the location of the Administration.
8.3. All provisions hereof shall be interpreted and all potential disputes arising out of the relationship governed hereby shall be resolved in accordance with the laws of the Russian Federation.
8.4. Invalidation of any provision of the Agreement by a court shall not entail invalidation of any other provisions of the Agreement.
8.5. This Agreement applies to all materials and Content posted on the Website at the time of acceptance of the Agreement, as well as any subsequent versions, modifications and supplements thereof that appear on the Website since they have been posted on the Website.
9. Contact Details
9.1.If the User has any questions, suggestions or intends to exercise one or more rights of the User with regard to personal data processing, the User can contact the Administration using the following contact details: