1. TERMS AND CONDITIONS
1.1. This website is owned and/or operated by Optosense LLC (Operator)
1.2. Web site - a set of web pages hosted on a virtual server and forming a single structure located on the Internet at mipex-tech.com.
1.3. User is the person who uses the Website.
1.4. Registration procedure - the User filling in the Registration Form and activating the Login and Password (may include confirmation of the email address) on the Website.
1.5. Registration Form - a set of fields that the User needs to fill in order to become a registered user of the Website. Each registered user has his / her login and password.
1.6. Login and Password (account) are two unique sets of characters entered by the User during the Registration Procedure on the Website. The combination of these symbols is necessary to identify the User on the Website and allows the user to make requests for the purchase of goods presented on the Website, forward them to the Operator and monitor their implementation. Some of the features of the Website are available only to Users who have passed the Registration Procedure. The login is the e-mail address of the User (e-mail).
1.7. Interface languages are the languages on which the main texts of Web pages of the Website are written. The user can select the available Interface Languages at any time using the Website, by selecting the appropriate language in the Web Site menu.
1.8. Personal data means the data of the User who has passed the Registration Procedure, including the name, surname, gender, phone number, e-mail address, place of work, position, work address, delivery address and / or other personal data that are in accordance with applicable law. Access to the Personal Data is carried out after the User has been identified by the Login and Password from any page of the Website by selecting the Profile link in the Web Site menu.
1.9. User Data - texts, documents, music, graphics and / or video files, as well as messages and / or comments and other materials posted (uploaded) by the user to the Website.
1.10. Intellectual property is a set of non-property and property exclusive rights to inventions, discoveries and patents for inventions, including applications for granting patents and reissued patents, repeated applications or applications for continuation and partial continuation, copyrights, samples and industrial designs, trademarks, service marks , registration of goods and rights to similar facilities, secrets of production (know-how), trade secrets and confidential information, rights to the topography of integrated microcircuits and the right and on photomasks and other intellectual property rights.
2. SUBJECT OF THE TERMS
2.2. The Operator reserves all rights to the Website and other Intellectual Property of the Operator that are not expressly granted to you under the terms of this Agreement. This Terms does not give you any rights to the Operator's trademarks.
2.3. Any use of the Website that does not comply with the terms of this Terms constitutes a violation of the Intellectual Property Rights of the Operator and / or third parties and serves as a ground for depriving you of the right to use the Website provided to you under this Agreement.
2.4. The Operator reserves the right to unilaterally change all or part of the terms of this Terms without notifying the User thereof. The amendments shall enter into force immediately, unless otherwise provided for in the new version of the Agreement.
2.5. This Terms shall be deemed concluded between the Operator and the User from the moment the User uses the Website. By using the Website, the User confirms that this Terms has been read to him, the terms and conditions are clear to him, and he expresses his full consent to this Terms and agrees to comply with its terms.
2.6. This Terms shall be deemed to be binding between the Operator and the User from the moment of beginning to use the Website. By using the Website, the User confirms that this Terms has been read to him and that he is in compliance with his terms.
3. OBLIGATIONS OF THE PARTIES
3.1. Rights and obligations of the Operator.
3.1.1. The Operator reserves the right to modify the Website, including the materials and services available on it, at any time without prior notice to the User.
3.1.2. In the event that the Operator has reason to believe that the User is undertaking or intending to take actions that violate the provisions of paragraphs 3.2 and 3.3 of this Agreement, either to disrupt the operation of the Website or to post information on the Website that violates the terms of this Terms and / or applicable law, or discrediting the Operator's business reputation, or otherwise harming the Operator or other Users of the Website, or encourages other Users to do so, the Operator has the right to block the User's access to his/her account (by the Login) without explaining this reason and to perform the following actions: (a) do not accept downloadable User Data for posting on the Website, (b) block access to User Data, or (c) delete any User Data at any time.
3.1.3. The Operator has the right to temporarily or completely stop the operation of the Website, at any time and without prior notification of the User about it. Stopping work may occur, including in the case of preventive works or in the event of force majeure circumstances, as well as accidents or failures in the hardware and software complexes of third parties cooperating with the Operator, or actions of third parties aimed at suspending or terminating functioning of the Website.
3.1.4. If the User has passed the Registration Procedure on the Website, the Operator has the right to send him e-mails containing news about the products / services and about the Operator, information on special offers, tips on using the products and other information related to the Operator's activities, provided that the User explicitly agreed to receive such information from the Operator at the time of registration. You can delete your e-mail address from the Operator's mailing list by clicking on the appropriate link specified in the letter or by sending a letter to the E-mail address for communication with the Operator.
3.1.5. The operator has the right to impose restrictions on the use and access to the Website, including the date and amount of use of data posted on it.
3.1.6. The operator has the right to advertise on the pages of the Website and other materials and information not prohibited by applicable law.
3.2. Rights and obligations of the User
3.2.1. The User is entitled to use the Website subject to the User's compliance with the terms of this Agreement.
3.2.2. The User can complete the Registration Procedure on the Website in order to be able to process requests for the products offered on the Website, send them to the Operator through the functionality of the Website, monitor their implementation, and also to gain access to opportunities, Accessible only after identifying the User on the Website using the Login and Password. The User undertakes to provide accurate and reliable information about himself on the issues proposed in the Registration Form.
3.2.3. Upon completion of the Registration Procedure, the User may use the Login and Password for identification on the Website. The user is solely responsible for keeping his Password confidential from third parties, as well as for all actions performed under his Login (account). The User is obliged to immediately notify the Operator about any case of unauthorized (not authorized by the User) access with the Login and the User's Password.
3.2.4. The User guarantees that he has all the necessary rights to transfer / upload User Data to the Website and, in carrying out such actions, does not violate applicable law and the rights of third parties. The User bears full responsibility for such actions and losses that may be caused to the Operator or to third parties as a result of the User's carrying out such actions.
3.2.5. The User agrees that the User bears the responsibility for the contents of the User Data, their public sharing or the transfer in private.
3.2.6. In the event that the User discovers on the Website any data and / or information that violates applicable law or its rights, offending his morality, discrediting honor, dignity, business reputation and / or harm in any other form, he may send an e-mail to the operator for contacts. This notification will be considered in the order specified in clause 8.8 of the Agreement.
3.2.7. The User has the right to use the Website solely for legitimate purposes. The User undertakes not to implement independently and not to assist third parties in the implementation of the following actions:
- to copy the design elements of the Website, as well as any materials copying which is prohibited by this Agreement, without the written permission of the Operator;
- to download or otherwise publish materials and / or information that are illegal, harmful, threatening, offensive, morally defamatory; violate copyright and / or exclusive rights, promote hatred and / or discrimination of people on the basis of race, ethnicity, gender, social features, contain pornographic material; violate the rights of third parties or incite such acts; defame someone's honor, dignity or business reputation; violate the rights of minors and / or harm them in any form, as well as any other materials and / or information prohibited and / or inconsistent with applicable law, in accordance with section 7 of this Agreement;;
- to impersonate another person or representative of the organization and / or community without sufficient rights, including for the employees of the Operator, for the administrator (the representative of the Operator, authorized to speak for and in the interests of the Operator), and also to mislead about the properties and characteristics of any subjects or objects;
- to download viruses and any other malicious data (or programs) that could disrupt the operation of the Website in any way;
- to collect information and / or interact with the Website using automated scripts (programs);
- to access the Website using someone else's Login and Password;
- to carry out actions aimed at gaining access to someone else's personal cabinet, by selecting a login and password, hacking or other actions;
- to collect and store personal data of other users of the Website;
- to violate the normal operation of the Website;
- to register on the Website multiple times under different Logins;
- to use independently and / or to assist third parties in using the Website to provide paid or free services;
- to bypass the interface of the Website, including the sharing of the Website with other computer programs or services;
- to lease, transfer or assign the rights granted to the User under this Terms and any other rights related to the use of the Website to any other person, unless otherwise stipulated in a separate written Terms with the Operator or the Operator's Partner;
- to remove, modify or make any notes of copyright, trademark, or patent rights that are specified in the materials or resources of the Website invisible.
3.2.8. The user assumes full responsibility and all risks associated with the use of the Website.
4. LIMITATION OF LIABILITY
4.1. The operator does not bear any obligations regarding the availability and quality of the User's access to the Internet, the availability and quality of the relevant equipment and the necessary software for Internet access. The operator is not responsible for any failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email malfunctions or scripts (programs) for any reason.
4.2. The User agrees that he sends information via unprotected electronic communications channels of the public computer network, and the Operator is not responsible for the safety of information transmitted via such electronic communications channels of the public network.
4.3. The User agrees that the Operator may establish restrictions in the use of the Website.
4.4. The operator is not responsible for any delays, failures, incorrect or untimely delivery, removal or loss of any User Data or other information.
4.5. The operator does not guarantee that:
- The website complies with any requirements and expectations of the User, or is suitable for use for purposes other than those specified in this Agreement;
- The materials of the Website are accurate, complete or useful;
- The work of the Website will be uninterrupted and / or error free;
- The results of using the Website, any information, materials or answers on the Website, services or any links will be available on the Website;
- The quality of any product, service, information, etc. obtained by using the Website will meet the expectations of the User;
- All errors on the Website will be corrected.
4.6. The website and all information on it are provided "as is" with possible errors. References to products, works or services of third parties are provided for information purposes and do not imply that the Operator supports or recommends them.
4.7. In no event shall the operator be liable to the User for any losses, forced interruptions in business activity, loss of business or other data or information, for claims or expenses, real, indirect, indirect, punitive or incidental damages, as well as for lost profits and lost revenues caused by the use and/or related to the use of the Website, for damages caused by possible errors and misprints on the Website, even if the Operator's representative has become aware of the possibility of such losses, losses, claims or expenses, as well as for any claims from third parties. The above limitations and exclusions apply to the extent permitted by applicable law.
4.8. The operator is not required to view materials or information posted by Users on the Website transmitted by e-mail or in any other way in connection with the use of the Website and does not guarantee their accuracy, accuracy, completeness, timeliness and quality, compliance with your requests and needs, and is not responsible for such information or materials, as well as for the actions of Users.
4.9. The Operator under no circumstances is responsible for the User data published by the User on the Website, and also does not undertake any obligation to ensure the confidentiality of the placed User Data. The Operator shall not be liable for the violation of this Terms in connection with the incorrectly indicated e-mail address when registering. Please check the validity of the email address you provided during registration.
4.10. The information contained on the Website is provided for informational purposes only, it is not a public offer and can be changed at any time without prior notice to the User.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All product names are trademarks or registered trademarks of their respective owners.
5.2. All the Operator's trademarks are the Intellectual Property of the Operator and are provided for the User's information, the Operator does not grant the User any rights to use them.
5.3. All trademarks of third parties mentioned in the text of the Terms are the Intellectual property of the respective owners.
5.4. No rights to the Operator's Intellectual Property (including this Website and any patents, trademarks and intellectual property results protected by copyright) shall not be transferred to the User. The user must not use or claim for any rights, for any title, logo, trademark, trade name, style or design belonging to the Operator, or any names that are confusingly similar, to the extent of confusion, logos, trademarks, trade names, styles or designs.
5.5. No rights to the Intellectual Property of the User are transferred to the Operator.
5.6. All rights to materials not contained on the Website but available through the use of the Website belong to their rightful owners and may be protected by applicable copyright and intellectual property laws and international agreements. This Terms does not grant the User any rights to such Intellectual Property.
6. LINKS TO SITES OF THE THIRD PARTIES
6.1. For the convenience of the User, the Website may contain links to Internet sites owned by other legal entities and / or individuals. The operator does not provide any guarantees regarding any Internet site on which the User can be using a link from the Web site. The User understands and agrees that the Operator does not bear any responsibility with respect to the content of such sites. The operator does not give any advice on visiting these sites or using the materials placed on them.
6.2. Links to any third party products or services that may be contained on the Website are provided solely for the convenience of the User. Products or services of third parties are mentioned only for informational purposes. The operator does not give any recommendations or assessments to these products and / or services.
7. APPLICABLE LAW
7.1. All disputes not settled by this Terms shall be subject to consideration in a court of general jurisdiction at the location of the Operator in the manner established by the current legislation of the Russian Federation.
7.2. No conflict of laws rules applies to relations under this Agreement, as well as the United Nations Convention on Contracts for the International Sale of Goods.
8. OTHER CONDITIONS
8.1. The user agrees that when using the Website, the Operator's servers automatically store information about his use of the Website, including information on the account's activity (time of entry and exit from the Website), certain system data (browser type, IP-addresses, the date and time of access, cookies and addresses of the requested pages of the browser) and the history of your requests and orders.
8.3. The User agrees that he can provide his Personal Data to the Operator. At the same time, the User expresses his complete and unconditional consent, made at his own will, for processing by the Operator (including collection, systematization, accumulation, clarification (updating, modification), use, depersonalization, blocking, destruction of personal data, perpetual storage). the above personal data in electronic form and / or on paper carriers for the purpose of providing services, sending information by e-mail, marketing purposes. The User's consent is valid for an unlimited period of time and can be revoked by the User by sending a notification to the E-mail address for communication with the Operator. The User's consent to the processing of his personal data is considered to be withdrawn after 30 (thirty) working days from the date of receipt by the Operator of the relevant notice sent by the User in an appropriate manner.
8.4. The operator has the right to transfer to third parties their rights and obligations under this Terms without the consent of the User.
8.5. The Operator has the right to terminate this Terms at any time and unilaterally, not only in case of violation of any term of this Terms by the User.
8.6. The user can contact the Operator by sending a letter through the feedback form of the Website Contacts section. The Operator can contact the User by sending a letter to the e-mail address that the User provided during registration or through the feedback form of the Website Contacts section.
8.7. In the event of any dispute or disagreement arising out of the implementation of this Agreement, the User and the Operator will make every effort to resolve them by negotiating between them. The User undertakes to perform the necessary actions to enable the Operator to participate in the consideration of such claims or claims, and to provide the Operator with the necessary information for settlement of the relevant claims and / or claims within seven (7) days from the date of receipt of the request from the Operator.
8.8. In order to resolve disputes between the User and the Operator in connection with the use of the Website, the following mandatory claims procedure is established:
8.8.1. A user who believes that his rights and interests are violated in connection with the use of the Website, sends a claim through the feedback form of the Website Contacts section.
8.8.2. Within twenty (20) working days from the date of receipt of the claim, the Operator sends a response to the User at the return electronic address specified by the User upon registration.
8.8.3. In the event that disputes are not resolved through negotiation, disputes shall be subject to review by a court of general jurisdiction at the location of the Operator in accordance with the procedure established by the current legislation of the Russian Federation.
8.8.4. Anonymous claims or claims that do not allow the user to be identified on the basis of the data provided by them are not considered. The operator is not obliged to respond to claims made in the absence of facts or information confirming the existence of a basis for the claim.
8.9. The User agrees that the Operator reserves the right to terminate the User's Login and Password (account) and delete any User information posted on the Website if the User violates the terms of this Agreement.
8.10. In the event that any provision of this Terms is found to be invalid or void, the remaining provisions of the Terms shall remain legally effective and enforceable.
8.11. If the interpretations of the text of the editions of the document in different languages do not match, the text in Russian will be considered determinative in all disputes and complaints related to the interpretation of this document.
8.12. Nothing in the Terms can be understood as the establishment between the User and the Operator of agency relations, partnership relations, joint activity relations, personal hiring relations, or any other relations not expressly provided for in this Agreement.
8.13. The User confirms that he is aware that the Website may contain materials that are targeted only at adults.
Last Updated: April 2, 2018