for the use of the website www.monitoring-esg.ru
The Internet site located at www.monitoring-esg.ru (hereinafter – “Site”) is owned and operated by Sustainability Monitoring Russia OOO (OGRN 1217700375133, INN 9703043300) (hereinafter – “Administration”).
User of the Site can be a legally capable person in accordance with the current legislation of the Russian Federation, who started to use the Site.
This User Agreement (hereinafter – “Agreement”) describes the terms and conditions of use of the Site. This Agreement is entered into between the Administration and the User. The provisions of this Agreement shall be treated by the Administration as a public offer pursuant to Article 437 of the Civil Code of the Russian Federation.
By starting to use the Site, User accepts the offer, i.e., fully, and unconditionally accepts all the terms of this Agreement and Rules according to Article 438 of the Civil Code of the Russian Federation.
This Agreement may be amended by the Administration unilaterally without any special notice to the Users. The new version of the Agreement comes into force upon its posting on the Website. The updated version of the Agreement is always available on the Site. If the User does not agree with any changes made to the Agreement, he must stop using the Site.
Most sections of the Site are available for free access by the User.
However, the Administration has the right to restrict or terminate access to the Site or any section of the Site at any time. At the same time the Administration is not obliged to notify the User of such actions in advance.
To gain access to some sections and / or services of the Site you may be required to register in accordance with the terms specified in the interface of the relevant section of the Site. The User must fill in the registration form and provide the necessary data. During registration, User agrees to provide the Administration accurate, complete, and up-to-date information about himself. If all registration actions have been completed correctly, user account will be created
After successful registration the User will receive authentication data (login, password, or other data in accordance with the terms of the relevant section of the site), which allows you to sign in and receive services. In some cases, it may be possible to register using User’s social networking account in VKontakte, Facebook, Google.
The User is not entitled to share the details of their account with others. The User is responsible for the security of the authentication data provided. Any actions performed while using the Site using the User’s authentication data shall be deemed to have been performed by the relevant User, unless proven otherwise by the User. User is obliged to immediately notify the Administration of any unauthorized access to the Site with their authentication data and / or any breach of security.
Paid and free services may be available on the Site. Services may be provided by the Administration and / or partners of the Administration. The terms of those or other services are posted in the appropriate sections of the Site and may also be described in Annexes to this Agreement, all such terms are an integral part of this Agreement. Before using the Site or the relevant service, the User undertakes to carefully read the terms and conditions of the relevant service. If the User does not agree with the terms, the User must refrain from using the relevant section of the Site and/or the service offered.
The Administration has the right at any time to expand, limit, change the list of both paid and free services on the Site.
The functionality of certain services may require access to information from video camera and microphone of the User’s personal computer or mobile device, as well as obtaining information about the geographical location of the User’s device using geolocation technology, means of access to the User’s contact list and personal information in social networks. Receipt of this data is subject to the User’s prior consent and direct participation and is in accordance with the purpose of the service and the interests of the User. The User has the right to refuse the data transfer or to prohibit the data transfer by using the functionality of their device.
In case of improper provision of the service User shall, within 5 (Five) days after the end of the reporting period of the service, undertake to submit a claim to the Administration. If a complaint is not submitted within the specified period, the service shall be deemed to be duly provided and accepted by the User.
PAYMENT OF SERVICES
Terms of payment for paid services on the Site are defined in corresponding sections of the Site, offering such services.
Payment for services distributed through mobile application shops AppStore, GooglePlay, etc., shall be made according to the rules and terms of such shops. All operations related to debiting the bank card, as well as storage of information on bank transactions are carried out by the administration of the said shops. In case of unreasonable debit of funds from a bank card, the User must immediately contact administration of the above-mentioned shops.
Payment for some services can be made by entering by the User its bank card details in the payment terminal of the Partner Bank of the Administration, placed in a special section of the interface of the Site or on the resource of the Partner Bank. The Administration does not store and does not process User’s bank card details. All operations on writing off funds from the bank card, as well as storage of information on bank transactions is carried out by the Partner-Bank. In case of unreasonable write-off of funds from the bank card, the User should immediately contact the Partner Bank of the Administration.
Payment for some services may be made by transferring funds to the bank account of the Administration. In case of unreasonable or incorrect payment User should immediately contact the Administration.
Some services of the Site can be distributed by third parties – the partners of the Administration, in this case, payment for services can be made on terms defined by such partners.
After successful payment User receives a receipt (or information identifying the online check) in electronic form to the provided subscriber number or email address. The User hereby agrees to receive a receipt in electronic form to the email address or telephone number provided during registration.
Payments shall be made in Russian roubles. In accordance with subparagraph 1 of paragraph 3 of Article 169 of the Tax Code of the Russian Federation, the User agrees that no invoices are issued by the Administration.
Some services may provide for the technical possibility to automatically renew the service (hereinafter referred to as “Auto-renewal”). By starting to use such service, the User agrees to Auto-Prolongation with automatic debit of the User’s bank card, whose details the User has entered in the corresponding section of the website interface, in accordance with the applicable tariff. The User can deactivate Auto-renewal at any time in the appropriate section of the interface of the Site or by sending the appropriate notification to the Administration.
If there are insufficient funds on the User’s bank card on the payment date, the Auto-Prolongation shall not be performed.
USER RIGHTS AND OBLIGATIONS
When using the Site, the User must comply with the provisions of current legislation of the Russian Federation and this Agreement.
User undertakes to:
- Keep the information about himself up to date;
- Not to specify the data of third parties with the intent to impersonate another person;
- On request of the Administration provide documents confirming the data provided at registration;
not to disturb the normal operation of the Site;
- Use any materials, access to which is provided through the Site, solely in accordance with the functionality of the relevant section of the Site and the terms and conditions of this Agreement.
- In accordance with Art. 32 of the RF Law “On Protection of Consumer Rights”, the User has the right at any time to refuse the Site’s services on condition that the Administration pays the actual costs incurred in connection with the performance of obligations under this Agreement.
To refuse the services User must send a notice of refusal to the Administration.
Any notices, requests, questions, suggestions, and complaints relating to the Site, services or activities of the Administration, User can send to the contact details provided in the relevant section of the Site.
RIGHTS AND OBLIGATIONS OF ADMINISTRATION
The Administration undertakes to provide the User, at their request, with any information about the operation or services of the Site, as well as to respond to the messages of the User sent as specified in this Agreement, within 10 (ten) working days from the date of receipt of the message from the User.
The Administration has the right to request from the User the documents that confirm the data specified by the User in the Questionnaire.
The Administration has the right to change the design, content, and functionality of the Site at its sole discretion, including the cost, description, and purchase conditions of paid services.
If the User violates the rules of use of the Site or the services offered, the Administration has the right to terminate services, suspend User’s access to the Site or the relevant section of the Site, and to block his account. If the User has purchased paid services, the cost of services not provided is withheld by the Administration as a penalty for violation of obligations assumed by the User under this Agreement.
RIGHTS TO PROTECTED INTELLECTUAL PROPERTY AND MEANS OF INDIVIDUALISATION.
All materials accessed by the User through the Site, including design elements, texts, graphics, photographs, images, illustrations, videos, scripts, computer programs, databases, music, sounds and other works (hereinafter referred to as “Materials”) are the subject of exclusive rights of the Administration and other rights holders.
The Materials may only be used as part of the functionality offered by a particular section of the Site. Except for the cases, directly determined by this Agreement, by the current legislation of the Russian Federation, the Materials cannot be copied (reproduced), downloaded, decompiled, or otherwise extracted from the Site, processed, distributed, published, or otherwise used in full or in part without the prior consent of the right holder.
Some Materials are used at the Site based on the agreements concluded by the Administration with copyright holders of such Materials, in this regard the access to such Materials at the Site can be limited or terminated in accordance with the terms of such agreements or actions of the relevant copyright holders.
No provisions of this Agreement entitle the User to use the trade names, trademarks, domain names and other means of individualization of the Administration and/or third parties posted on the Site.
Certain functionalities or sections of the Site may require the entry of personal data of the User. In addition, some data may be collected automatically by the Site, such as “cookies”, information about the location of the User; type and version of OS used; type and version of Browser; type of device and its screen resolution; source from where the User came to the Site; from which site or from which advertisement; language of OS and Browser; what pages the User opens and what buttons the User clicks; IP address, etc.
The User’s personal data will be treated with the utmost confidentiality.
By using the Site and entering certain data on the Site, the User gives their consent to the Administration to process their personal data in the ways and for the purposes specified in this Agreement, as well as in the “Policy on the processing of personal data and the implementation of requirements for the protection of personal data” posted on the Site at: https://monitoring-esg.ru.
Processing of personal data is carried out in accordance with the legislation of the Russian Federation. The Administration processes personal data for the purpose of enabling the use of the functionality of the Site and providing services on the Site. The Administration is taking all necessary measures to protect the User’s personal data from unauthorized access, modification, disclosure, or deletion. The Administration shall be entitled to use the information provided by the User, including personal data, to ensure compliance with the requirements of the current legislation of the Russian Federation (including for the purposes of prevention and / or prevention of illegal and / or unlawful acts of the Users):
The data provided upon registration shall be processed for the purposes of authentication of the User’s account and ensuring its security, as well as for the security of services and services of the Website, prevention of spam, fraud, and abuse.
The data provided by the device – device type, IP address, browser information, Wi-Fi access point, location is used for account security purposes.
User activity data on the Site is processed to improve the quality of the Site and the services provided, including identifying the most interesting Material for the User.
If you send e-mails to the Administration from an e-mail address you have not provided before, the e-mail address and contact details will be processed for the purposes of responding to the request.
The disclosure of information provided by the User which is not publicly available personal data may be made only in accordance with the applicable laws of the Russian Federation at the request of the court, law enforcement agencies and in other cases provided for by the laws of the Russian Federation.
The Administration shall be entitled to transfer, including cross-border, personal data for marketing, information, and advertising campaigns. Data may be disclosed to the following categories of third parties:
- IT companies (hardware and software) that provide services to support the Site;
- Fraud prevention and anti-spam services to protect the Site from criminal activities;
- Moderators who monitor activity on the Site and content validation applications;
- Advertising partners and targeted advertising providers;
- Payment and telecommunications companies for payment services.
- The Site, as an Internet resource, automatically collects anonymous data about Users, such as the current IP addresses of Users.
The Site uses cookie technology to improve the quality of its services and to save the User’s personal settings. In doing so, most cookies are stored for a short time during the session of use of the Site by the respective User. The user may set his Internet browser to receive information in cases where cookies are installed, or he may prevent them from being installed on his personal computer.
The Administration uses anonymous data for internal analysis, the purpose of which is to develop and improve the Site. The Administration may publish and distribute reports on the operation of the Site, based on the collected anonymous data. However, the reports do not contain any information that would make it possible to identify the personal data of Users.
The User allows the Administration to use the e-mail and phone number the User entered on the Site to send promotional messages, notifications of events and new features of the site, as well as similar notifications from other sites (at the discretion of the Administration) and other information. The User can withdraw the permission at any time by sending a notice to the Administration at the address specified in this Agreement or on the Site.
Personal data shall be stored from the date of receipt and submission of consent to processing and to withdrawal of consent to use of personal data. The User may revoke the said consent at any time by sending an appropriate notice to the Administration at the address specified in this Agreement or on the Site.
NO WARRANTIES AND LIMITATION OF LIABILITY
The Site, its sections, services, and facilities are provided “as is”. Administration is not responsible for the compliance of the Site, its services and products with the purposes or expectations of the User.
Administration does not guarantee that:
- the services and/or their quality meet or will meet the User’s expectations or requirements;
- the services will be uninterrupted, fast, reliable and error-free;
- Any services, services, information, or Materials that can be accessed through the Site User uses at his own risk and is solely responsible for the possible consequences of such use. Administration is not responsible for any damage or loss incurred by Users because of such use.
- In any case, in accordance with Article 15 of the Civil Code of the Russian Federation, the liability of the Administration is limited to an amount of 10 000 (Ten thousand) rubles.
This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Matters not regulated by this Agreement shall be settled in accordance with the laws of the Russian Federation.
The claim pre-trial procedure of dispute settlement shall be compulsory. The deadline for replying to the claim is 10 (Ten) working days from the date of its receipt. If it is impossible to settle the dispute by negotiations, the dispute shall be considered in court at the location of the Administration.
A court ruling that any provision of the Agreement is invalid shall not invalidate the remaining provisions of the Agreement.
In all matters not regulated by the terms of the Agreement, the Parties shall be governed by the laws of the Russian Federation currently in force.
This Agreement comes into force for the User from the moment of acceptance of the offer by starting to use the Website and shall remain in force until the parties have fully performed their obligations.
CONTACT DETAILS OF THE ADMINISTRATION:
Sustainability Monitoring Russia OOO
IF YOU DO NOT AGREE TO THE ABOVE TERMS OF AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.