Documents

User agreement (contract-offer)

Posted on by Olga

BEFORE MAKING USE OF ANY SERVICE ON THE WEBSITE, PLEASE READ THE TERMS OF USE OF THE WEBSITE, THE COMPUTER SOFTWARE AND THE SERVICES CAREFULLY, BECAUSE SUCH ACTIONS ARE EQUTABLE TO YOUR ACCEPTANCE OF THE AGREEMENT, AND YOUR USE OF THE WEBSITE AND SERVICES IN ANY WAY AND IN ANY FORM WITHIN ITS DECLARED FUNCTIONALITY, INCLUDING: VIEW CONTENT AVAILABLE ON THE WEBSITE, PLACING ORDERS USING THE WEBSITE, DOWNLOADING “BETDRIVER” COMPUTER SOFTWARES FROM THE WEBSITE, ANY OTHER USE OF THE WEBSITE MEANS THAT YOU ACCEPT THE PROVISIONS OF THIS AGREEMENT AND AGREE THAT THE AGREEMENT PROVISIONS MAY BE ENFORCED BY LAW, AS WELL AS THE PROVISIONS OF ANY OTHER AGREEMENT YOU HAVE ACCEPTED. YOU SHOULD IMMEDIATELY STOP ANY USE OF THE WEBSITE, IF YOU ARE NOT READY TO ACCEPT ALL THE AGREEMENT PROVISIONS, IF YOU DO NOT AGREE TO THE AGREEMENT PROVISIONS OR DO NOT HAVE THE RIGHT TO CONCLUDE AN AGREEMENT BASED ON IT.

  1. General provisions

    1. This document is a public offer (hereinafter referred to as the “Agreement”) of the “DRIVER” limited liability company, TIN 9715373800, PSRN 1197746758670, legal address 127322, Moscow, intra-city area of the Butyrsky municipal district, 29/16 Dobrolyubova st., office FLOOR 2, ROOM 35, DEPARTMENT 2 (PM76), hereinafter referred to as the “Operator”. This Agreement is a binding agreement between the User and the Operator, the subject of which is the provision of the right to access and use the Website and the Computer Software and their features to the User by the Operator. In addition to this Agreement, the relationship between the User and the Operator may be regulated by special documents that regulate the provision of access to the use of certain website and computer software functions (including its non-activated data and commands).

    2. The Operator may change the Agreement without any special notification. The new version of the Agreement comes into force from the moment of its posting on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always located at: https://betdriver.com.

    3. The Agreement enters into force from the moment the User expresses consent to its provisions by means of implicative actions on the website, which, in accordance with the meaning of Articles 435 and 438 of the Civil Code of the Russian Federation, is the acceptance of the Operator’s offer, as well as the conclusion of an agreement that gives the User an obligation to comply with the Agreement provisions. The Agreement does not require seals and signature of the User, while maintaining full legal force.

    4. The User must carefully read the text of the Agreement and must refuse to enter into the Agreement and use the Operator’s services in case of disagreement with the terms and conditions.

    5. The Operator provides access to the Website via a personal computer, as well as cell phone and other mobile devices, both existing at present and those that will be developed in the future, taking into account the Website and the Computer Software features.

    6. The User assumes and agrees that the Operator’s Website and Computer Software may contain advertising, and that the presence of this advertising is a necessary criterion for using the Operator’s Website and Computer Software.

  2. definitions

    In this Agreement, the below definitions mean the following:

    “Operator”

    “DRIVER” limited liability company, TIN 9715373800, PSRN 1197746758670, legal address 127322, Moscow, intra-city area of the Butyrsky municipal district, 29/16 Dobrolyubova st., office FLOOR 2, ROOM 35, DEPARTMENT 2 (PM76).

    “User”

    An individual who accepts the Agreement provisions in accordance with clause 1.3 and uses the Computer Software and the Website.

    “Website”

    A set of logically related information in the form of separate pages, available on the Internet under the domain name: https://betdriver.com.

    “Computer Software“

    “Betdriver” Computer Software provided by the Operator.

    “Subscription”

    Confirmation of the User’s right to use the Computer Software for a certain time and for a certain fee.
  3. subject of an agreement

    1. The Operator grants the User a worldwide, non-transferable right to use the content of the Website and the Computer Software under the terms of a simple (non-exclusive) license, only within the Website and the Computer Software functionality, in the following ways:

      1. use the Computer Software and/or the Website for its direct functional purpose;

      2. copy and install the Computer Software on the User’s device (s) for the above purposes;

      3. reproduce and distribute the Computer Software and the Website content for non-commercial purposes (for purposes unrelated to profit taking).

    2. Under this Agreement, the parties have agreed not to draw up reports on the use of the intellectual activity result.

    3. With the exception of use to the extent and as provided by the Agreement or the legislation of the Russian Federation, the User has no right to change, decompile, disassemble, decipher and perform other actions with the source or object code of the Website or the Computer Software for the purpose of obtaining information about the implementation algorithms used on the Website or in the Computer Software; retrieve data from the database; create any derivative works using the Website, the Computer Software or database, as well as the implement (permission to implement) other use of the Website, the Computer Software or database, any of their components, as well as data stored by the Website or the Computer Software on the User’s device without the written consent of the Operator.

    4. Any extraction, copying, reproduction, processing of data, databases, content of the Website or Computer Software, distribution, putting in the public domain on the Internet, any use in programs and services of third parties, mass media and/or for commercial purposes without the prior written permission of the Operator or other copyright holder is prohibited, except for cases expressly set out by the Agreement and/or the legislation of the Russian Federation.

  4. Rights and obligations of the parties

    1. The operator is obliged to:

      1. Make the Website and the Computer Software, including all information, graphics, documents, texts, products and all other Website and Computer Software elements, all products offered on the Website and in the application, services provided on the Website and in the application, available for User.

      2. Provide the User with access to statistical information using the computer software settings selected by the User.

      3. Provide access for downloading the computer software via the website.

    2. The User is obliged to:

      1. Comply with the provisions of the current Russian Federation legislation, this Agreement and other special documents of the Operator, published on the website.

      2. The User has no right to reproduce and distribute the Computer Software or a database for commercial purposes (including for a price) as part of software products collections, etc., without the prior written consent of the Operator.

      3. The User has no right to distribute the Computer Software in a form that differs from the one in which he received it, without the prior written consent of the Operator.

    3. At its sole discretion, the operator is entitled to restrict a User’s access to the Website and/or the Computer Software (or certain information published on the Website and/or in the Software, or the Website and/or computer Software features, if technically possible) or completely block the User’s access to the Website and/or Software after the violation of the Agreement terms, or to apply other measures to the User in order to comply with legal requirements or rights and legitimate interests of third parties.

  5. Subscription

    1. Only the User registered on the https://betfair.com website has the opportunity to purchase a Subscription, with the provision of an ID to the Operator.

    2. By purchasing a Subscription, the User enters into a license agreement with the Operator for using the Computer Software on the provisions of such a Subscription and this Agreement. The Operator undertakes to provide the User with access to the Computer Software for the Subscription Period, and the User undertakes to pay the cost of the Subscription. The Operator’s obligation to grant the rights to the Computer Software is considered fulfilled from the moment of activation of the next Subscription.

    3. For the purposes of this agreement, the Subscription Period means the period of time indicated on the Website (for example, 1, 3 or 12 months) for which the Subscription is purchased, and for which a corresponding price has been set.

    4. The amount of charge for the relevant Subscription to be transferred by the User to the Operator’s settlement account is indicated on the Website. In this case, unless otherwise provided, the payment is charged for each Subscription Period specified by the User during the subscription via the Website.

    5. The Subscription period starts from the date of payment for the Subscription and expires on the corresponding date of the calendar month following the date of payment for the Subscription.

    6. The User pays for the corresponding Subscription in the manner prescribed by this paragraph. The User shall use the PayPal service for the purpose of entering the Subscription and its further payment.

  6. Liability

    1. The Website and the Computer Software are provided on an “as is” basis.

    2. The Operator is not liable for:

      1. for the consequences of unauthorized use of the Computer Software, happened through no fault of the Operator;

      2. for direct or indirect damage incurred by the User as a result of errors, omissions, interruptions in work, changes in functions, defects, delays in work occurred through no fault of the Operator.

    3. The Website and the Computer Software may contain information about the websites of third parties. The transition to any other Internet resource associated with the Website and/or the Computer Software is performed by the User at his own risk. The operator is not liable for the accuracy of information, data, statements made on third party websites. The Operator provides links to other websites for the User’s convenience, but this does not mean that the Operator approves the content of these websites or is liable for them.

    4. All questions and claims related to the use or inability to use the Website and/or the Computer Software, data inaccuracy, as well as possible violation of legislation and/or the rights of third parties by the Website and/or the Computer Software, must be sent to the Operator’s e-mail: [email protected].

  7. Final provisions

    1. The operator has the right to make any amendments to this Agreement without prior notice about such changes to the User. The User is considered to have accepted such amendments in case of using the Website and/or the Computer Software after the entry of such amendments into force. The current Agreement version can always be found on the website at: https://betdriver.com/agreement

    2. The Agreement and all relations related to the use of the Website and/or the Computer Software are subject to the material and procedural law of the Russian Federation. The parties agree that any claims related to the Agreement, the use of the Website and/or the Computer Software, are subject to consideration in court at the Operator’s location.

    3. The use of the Website and the Computer Software is regulated by the Agreement, Privacy Policy posted on the Operator’s Website. Apart from this Agreement, the use of certain Computer Software and Website functions may be regulated by other documents. Before using such functions, the User is obliged to study the documents regulating the use of such functions and accept the provisions of such documents.

    4. If, somehow, one or more provisions of the Agreement are held invalid (null and void), this does not affect the validity or applicability of the remaining Agreement provisions.

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