BMS CONSULTING WEBSITE TERMS AND RULES OF USE www.bms-consulting.com This site and associated websites referenced by links (collectively, the Site) provide information on services, projects, solutions and overall activity of the companies owned or controlled by BMS Consulting. This website and the services provided by its modules are offered exclusively by BMS Consulting. BY ACCESSING, USING, VIEWING, TRANSFERRING, CACHEING AND STORING THIS WEBSITE OR ANY OF ITS SERVICES, FEATURES OR CONTENT, YOU AGREE INDIVIDUALLY TO EACH AND COLLECTIVELY TO ALL TERMS, PROVISIONS AND REPRESENTATIONS PUBLISHED ON THIS SITE ("THE AGREEMENT") WITHOUT ANY MODIFICATIONS. IF YOU DO NOT AGREE PLEASE STOP USING THIS SITE AND LEAVE IT IMMEDIATELY. In case of any discrepancies between different language versions of BMS Consulting website terms and rules of use the original Ukrainian version shall prevail. Terms and Rules of Service WELCOME TO BMS CONSULTING WEBSITE (BMS-consulting.com). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE ("THE SITE"). THIS SITE MAY BE USED FOR INFORMATION PURPOSES ONLY. BY CONFIRMING YOUR CONSENT AND USING THE SITE OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU UNDERTAKE TO COMPLY WITH THE TERMS ("THE TERMS OF USE") SET OUT IN THIS NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS AND RULES DO NOT CONFIRM YOUR CONSENT AND NEITHER USE THE SITE NOR DOWNLOAD ANY MATERIALS. Cookies BMS Consulting is using cookie technology to facilitate your use of BMS-consulting.com site. Cookies are sent to your computer to identify you as a unique user and to take into account your personal preferences and technical information. We use: a) Persistent cookies (i.e. the cookies that stay in your computer until you remove them), and b) Non-persistent cookies (i.e. the cookies that are destroyed when you close your browser). The cookies themselves neither contain nor disclose any personal information. If you enter any personal information on BMSconsulting.com site it will be linked to the data stored in cookies. If you do not accept the provision of cookie use by BMS Consulting you can change your browser settings so that it reject cookies (read your browser Help to find out how to change settings). If you change the said settings you will not be able to access some sections of BMS-consulting.com site. License Pursuant to the terms of this Agreement BMS Consulting grants you non-exclusive non-transferrable license with limited right of this site and its materials access, use and demonstration. You agree not to interfere or not to attempt to interfere with the Site operation. BMS Consulting permits you to view and download information from the Site ("the Materials") for your personal non-commercial use only. This permission may not be construed as title transfer for Materials and their copies and includes the following limitations: 1) You may not remove copyright notices and other title notices contained in the Materials from any copies of the Materials downloaded from the Site; 2) You may not change the Materials in any way, expose or demonstrate them in public, perform, distribute or transfer the said Materials for any public or commercial purposes; and 3) You may not transfer the Materials to any other persons without informing them on these Terms and getting their consent to comply herewith. Terms of the Site Use You shall comply with all additional restrictions published on the Site and updated from time to time. This Site and all its Materials are protected by copyright and by law and copyright treaties. By using the Site, you agree to comply with all copyright laws and to refrain from unauthorised copying the said Materials.
User Guarantees You guarantee that you will use the Site in accordance with this Agreement including all rules and provisions hereof, and will comply with all current and future Site use rules and policy. You agree not to use the Site: (a) to send spam or unauthorised messages; (b) to act on behalf of BMS Consulting or any third parties; (c) to counterfeit headings or tamper in any way with identity information in order to conceal the true origin of the content transmitted through the Site; (d) to misrepresent you relations with any individual or organisation; (e) to perform any actions that may impede others' use of the Site; (f) to carry out any activity against the applicable legislation; (g) to publish or transfer any materials infringing other users' rights, illegal, offensive, libellous, flagrant or any otherwise reprehensible materials, or materials advertising or soliciting any goods or services; (h) to obtain and store other users' personal data without their explicit consent; or (i) to predispose anybody to disclose the consent mentioned above in section (h). In case of any violation of the provisions listed above you may not use the Site any further, and BMS Consulting shall be liberated from any and all further liabilities hereunder in your respect, and shall retain all legal rights related to such violation. Should you violate these Terms of Use, you will have to compensate BMS Consulting the damage incurred as the result of your actions. Amendments BMS Consulting shall reserve the right to make any amendments and addenda to this Agreement and to remove any of its sections or any parts thereof at any time at their sole discretion. The amendments to this Agreement shall come into effect immediately upon publishing the notice thereon on this Site. You further use of the Site upon publishing of the Agreement amendment notice shall be deemed your agreement to the said amendment. BMS Consulting may at any time and without prior notice delete, change, correct any errors or omissions in any section of the Site, make any changes in the Site materials and information on products, software, services and prices published thereon (if such information is available), suspend or terminate operation of any Site sections including access to any Site features. BMS Consulting may also impose restrictions on any features and limit your access to the Site or any sections thereof without prior notice and without any liability whatsoever. Intellectual Property Rights Acknowledgement You acknowledge that BMS Consulting shall own all rights to intellectual property objects (including but not limiting to copyright and confidential information) on the Site. Goodwill and intellectual property rights arising from the use of such intellectual property rights owned by BMS_consulting.com shall be legally bound for BMS Consulting. Information Provided by You Any personal data you provide to BMS Consulting through this Site shall be protected by current legislation. However, you should transfer neither confidential nor proprietary information to BMS Consulting through this Site. You agree that any information or materials provided by you or on your behalf to BMS Consulting shall not be deemed confidential or proprietary information. By providing such information to BMS Consulting you cede and transfer to BMS Consulting all intellectual property rights with respect to the said information and materials, to the effect that BMS Consulting may without limitation use, expose, demonstrate perform in public, distribute, transfer, change, cede and grant licenses for the use of the said information and materials. You also agree that BMS Consulting may without limitations use any ideas, concepts and know-how provided by you or on your behalf to BMS Consulting. Moreover, you guarantee that you will not provide to BMS Consulting any information or materials being damaging, threatening, indecent, obscene or illegal under applicable legislation, or materials containing proprietary information owned by any third parties. BMS Consulting shall reserve the right to remove any information provided by you from the Site at their sole discretion.
Security You may not: (a) Use any devices or software may interfere with the Site operation; or (b) Perform any actions resulting in disproportionally high and unjustified load on the Site infrastructure (e.g. mass sending of e-mails "spam"), or (c) Interfere with the Site software or features, including placing any materials infected by viruses, Trojan or time-bomb type malware or any other components, which may damage or affect the Site software. Third Party Sites BMS Consulting shall bear no obligations to inspect or check the content of any third-party sites, and no responsibility for such sites accuracy or truthfulness. BMS Consulting may provide links to other companies websites on the Site. When you follow such links you leave this Site. You may go to any site referenced by the link at your own risk, and you are responsible for security measures for your protection against viruses and other malware. BMS Consulting does not give any warranties with regards to websites referenced by links or to any information and products or services described thereon. Existence of the links to other sites may not be construed to the effect that BMS Consulting or this Site sponsor or recommend any trade marks, trade names, logos or copyright signs viewed under the link or when following the link are in any way related to, associated with BMS Consulting or this Site or that BMS Consulting or this Site have the legal power to use those, or to the effect that any site referenced by the link is entitled to use trade marks, trade name, logo or copyright signs of BMS Consulting, its affiliates or subsidiaries. External Links to the Site All links to this Site require prior written approval by BMS Consulting; however, BMS Consulting authorises setting up links provided: 1. The link is set up as text containing BMS Consulting name only; 2. The link references www.bms-consulting.com home page only but not its internal pages; 3. After following the link the page is viewed in full-screen mode in operable browser window available for navigation but not in a frame in the other website; 4. The link appearance, position and other parameters cannot create a false impression that the organisation, its activity or products are related to or sponsored by BMS Consulting, and may not harm or damage goodwill related to BMS Consulting name. BMS Consulting shall retain the powers to refuse the right to set up link at any time and at their sole discretion. Users Feedback When you provide to BMS Consulting chat area any ideas, comments, suggestions or other information related to the Site and/or Siterelated services improvement (collectively, "the Feedback"), you agree that such Feedback shall be deemed and shall remain BMS Consulting property. BMS Consulting shall have no confidentiality obligations with respect to the Feedback and may not be held liable for any Feedback usage or disclosure. BMS Consulting shall have all rights in respect of the Feedback (including but not limiting to intellectual property rights and moral rights) and shall be entitled to use the Feedback without limitations with any commercial or other purpose whatsoever without paying you any remuneration. You also guarantee that the owner of all rights including moral rights to such content has fully and formally waived the said rights, and has granted you the legal and irrevocable right to grant the above property rights to BMS Consulting. Implied Warranties Exceptions Despite all efforts taken to ensure reliability of information published on the Site, BMS consulting shall not bear any responsibility for such information. THE MATERIALS MAY CONTAIN INACCURACIES OR MISPRINTS. BMS Consulting DOES NOT GUARANTEE THE MATERIALS ACCURACY OR COMPLETENESS, OR RELIABILITY OF ANY RECOMMENDATIONS, OPINIONS, REPRESENTATIONS OR ANY OTHER INFORMATION PUBLISHED ON THE SITE OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT YOU MAKE ASSUMPTIONS ABOUT
RELIABILITY OF SUCH OPINIONS, RECOMMENDATIONS, REPRESENTATIONS, NOTES OR INFORMATION AT YOUR OWN RISK. ALL SITE CONTENT IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. BMS Consulting EXPLICITLY REFUSES TO MAKE ANY DIRECT OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING UNLIMITED WARRANTIES OF THE GOODS MARKETABILITY, ITS FITNESS FOR ANY PURPOSE, NON- INFRINGEMENT OF ANY PROPERTY RIGHTS AND ANY WARRANTIES OF THIS SITE OPERABILITY OR ITS CONTENT. BMS Consulting DOES NOT GUARANTEE THIS SITE SAFETY AND DOES NOT MAKE ANY REPRESENTATIONS THEREON. YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SENT MAY BE INTERCEPTED. BMS Consulting DOES NOT GUARANTEE THAT THE SITE, ITS SERVERS OR ELECTRONIC MESSAGES SENT BY BMS Consulting ARE FREE OF VIRUSES OR OTHER DANGEROUS COMPONENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS SHALL BE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Limitation of Liability BMS CONSULTING SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT ANY LIMITATIONS THE DAMAGES RELATED TO BUSINESS DISCONTINUATION OR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION) ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THIS SITE OR ITS CONTENT; OR RELATED TO THIS AGREEMENT EVEN IF BMS CONSULTING WAS NOTIFIED ON THE POSSIBILITY OF SUCH DAMAGES TO ARISE. OTHER THAN PURSUANT TO THE TERMS OF THIS AGREEMENT BMS CONSULTING SHALL IN NO EVENT BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS AND OTHER DEFECTS, AS WELL FOR UNTIMELINESS OR INACCURACY OF ANY INFORMATION CONTAINED THEREON. Loss Mitigation Obligations Without prejudice to the above limitation of liability provisions you shall take all reasonable efforts to mitigate losses that may arise from any claims or court proceedings (resulting from neglect, breach of contractual obligations or otherwise) you may make or initiate against BMS Consulting. International Users, Governing Law and Jurisdictional Venue BMS Consulting does not guarantee applicability and availability in all countries of all materials and products presented on this Site. These Terms are based on Ukrainian legislation. All disputes related to these Terms and issues of website usage shall be resolved by court in Kiev (Ukraine). Notification and Claim Lodging Procedure in Respect to Copyright Infringement BMS Consulting respects others' intellectual property rights. If you believe that you work has been copied in the way that infringes you copyright please provide the following information: 1. Physical or electronic signature of the person authorised to act on behalf of the respective copyright holder; 2. Description of work protected by copyright allegedly infringed according to your claim; 3. Description of location of the material allegedly infringing copyright according to your claim; 4. Your address, phone number and e-mail; 5. Your statement containing your good faith belief that the usage in dispute is not authorised by copyright holder, his/her agent or by law; and 6. Your statement to the effect that your notification is accurate and, under penalty of perjury, that you are the copyright holder or the person authorised to act on his/her behalf. You can contact us on this topic as follows: BMS Consulting Ltd. 32 Pechenezka Street, Kiev 04107 Ukraine. 4partners@bms-consulting.com
All references to "letters", "messages", "notifications" and similar terms shall refer to electronic communication (e.g. email), provided the party referring to a message keeps reliable proof of the said message despatch and receipt. Deadline for Claims and Severability Any claim related to your usage of the Site shall be lodged within one (1) year of origination of the claim or reasons to lodge a claim. If for any reason any provision of this Agreement or any part thereof is declared unenforceable by a court of competent jurisdiction the affected provision shall be performed to the maximum possible extent to achieve this Agreement objectives; the rest of the Agreement shall remain in full force and effect. Access by the Users Outside Ukraine If you visit the Site from any country different from Ukraine, you are responsible for compliance with local legislation.