Terms of Use

Last update: 11/09/18
Thank you for visiting Avitar Site!

Introduction

Your use of this Site is subject to these Site Terms of Use (“Terms”), which tell you the basis on which you may make use of our Site located at https://avitar.group/ (“Site”). The Site is operated and owned by Avitar Group (“Avitar”). These Terms are a legally binding contract between you and Avitar which sets out your rights and responsibilities when you use our Site. Throughout the Site, the terms “company”, “we”, “us” and “our” refer to Avitar. We offer this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies stated here.

These Terms governs:

  • The information of Avitar made available through this Site;
  • The nature of the relationships between you and us;
  • Avitar’s use of your information gathered by it through this Site;
  • Your use of this Site, related systems, and the Information (collectively the “Avitar Site).

Please read these Terms carefully, because by accessing any portion of the Avitar Site, you are indicating that you have read and understood, and that you assent to be bound by, these Terms, which may be amended from time to time by Avitar pursuant to the terms herein. If you do not accept these Terms of Use, please do not continue to use this Site.

Back to top

Entire agreement and admissibility

This agreement and any policies, including our Privacy Policy, or operating rules posted on this Site constitute the entire agreement and understanding between you and Avitar with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Back to top

No legal advice

The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because the Information is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.

Back to top

Privacy

With respect to information submitted or collected on the Avitar Site, you accept Avitar’s Privacy Notice as set forth in it. Our Privacy Notice does not pertain to, and Avitar is not responsible for the privacy practices of, any third party websites to which the Avitar Site hyperlinks.

Back to top

General terms of use

5.1. Intellectual property rights and Use of materials on the Site. All copyright and other intellectual property rights in all text, images, and other materials on this Site are the property of the Avitar or are included with the permission of the relevant owner.

The trademarks, logos, characters, and service marks (“trademarks”) are protected trademarks. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on this Site. Your use/misuse of the trademarks displayed on this Site or of any other content on this Site, except as provided for in these Terms, is strictly prohibited. You are also advised that the Avitar will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Avitar, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may freely browse the Site but are only permitted to access, download, or use information from this Site, including any texts, images, audio, and video, etc., (hereafter referred to as “information”) for your own non-commercial use. This should be done on the condition that all copyright and other proprietary notices are kept intact, and that the above trademark notice appears on such reproductions. No reproduction of any part of this Site may be sold or distributed for commercial gain, nor shall it be modified or incorporated into any other work, publication, or Site. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Avitar, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Avitar, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Avitar’s sole discretion. Avitar neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Avitar.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Avitar reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Avitar may be entitled at law or in equity.

© Avitar Group. All rights reserved.

5.2. Consequences. If Avitar becomes aware that you have violated any of the terms and conditions contained in this legal statement, the company may immediately take corrective action. Such measures include preventing the user from using the services offered by Avitar. If Avitar has been injured by your violation, the company may, in its sole discretion, seek to recover damages.

5.3. Electronic сommunication and sensitive communications. In connection with your communication with us, we may send you electronically all communications, agreements, documents, receipts, notices, and disclosures which relates to our communication. We may provide these communications to you via email. You may unsubscribe from receiving messages from us at any time.

You agree that electronic mail sent by you to Avitar will not be treated as confidential or invoke an attorney-client privilege. However, that if you are an existing client of Avitar and you send an email to Avitar, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, you acknowledge that email and the Internet are generally insecure media of communication, and Avitar cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by you to Avitar through the Avitar Site.

5.4. Information on this Site. The information contained on this SIte is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Site is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Site.

5.5 Third Party Information. We may hyperlink to or otherwise make third party information available on the Avitar Site. This is done solely for the purposes of convenience. Avitar does not endorse or approve of any such third party information or such third parties.

5.6.Jurisdiction and applicable law. The laws of Ukraine govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Ukraine for any action arising out of or relating to these Terms of Use or use of this Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Ukraine. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

5.6.Jurisdiction and applicable law. The laws of Ukraine govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Ukraine for any action arising out of or relating to these Terms of Use or use of this Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Ukraine. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

5.7. Warranties and disclaimers. Our is provided to you “as is.” Your access and use of the Avitar Site is at your own risk. To the extent permitted by the law and rules of professional responsibility in the applicable jurisdiction, Avitar disclaims all conditions, representations and warranties, express, implied, statutory or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third party rights, quiet enjoyment, and uninterrupted or error free operation.

To the extent permitted by the law and rules of professional responsibility in the applicable jurisdiction, Avitar disclaims liability for any lost profits or income, lost business, or lost data, or for any consequential, indirect, exemplary, punitive, special, or incidental damages arising from or relating to the Avitar Site.

Avitar reserves the right to restrict or terminate your access to this Site, or any feature of this Site or part thereof, at any time.

5.8. Liability. Avitar, and any other parties involved in the creation, production, or delivery of this Site on the company’s behalf, shall not be held liable or responsible in any way for:

  • any direct, indirect, incidental, or consequential, damages; costs, losses;

Or liabilities that may occur as a result of:

  • your use and/or inability to use the Avitar Site;
  • access to the Avitar Site;
  • changes in the contents of this Site or from any other Site accessed through a link from this Site;
  • any action Avitar takes or fails to take as a result of any electronic mail messages sent by the user to the Avitar.

Avitar, and any other parties involved in the creation, production, or delivery of this Site, shall have no responsibility to: maintain the material and services made available on this Site or to supply any corrections, updates, or releases in connection herewith. Any material on this Site is subject to change without notice.

5.9. Indemnification. In case Avitar gets sued because of something that you did, you agree to defend and indemnify us. You agree to defend Avitar and its employees and hold us harmless from any legal claims and/or demands, including reasonable attorney’s fees that may arise from your action, use/misuse of our Services, your breach of the Terms.

Avitar reserves a right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore you agree to cooperate with us so we execute our strategy.

5.10. Changes to these terms of use. Avitar reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Site and the revised terms will take effect thirty days after their publication on the Site.

5.11.Headings. Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms.

5.12.Severability. If any provision of this agreement is determined to be unlawful, void or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable.

5.13. Miscellaneous. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify Avitar and lawfully destroy all copies of such information in your possession.

Back to top

Contacts

Thank you for reading our Terms of Use.
If you have any questions about these Terms, please contact us.

Avitar Group, Mendeleeva st. 37,
Kyiv 01103, Ukraine

info@avitar.group

Back to top