Last Updated: 22nd May 2022
The Website shall mean the website maintained at digital.staff-capital.com and/or all the subdomains of the website digital.staff-capital.com. The Website gives Users an opportunity to use its functions and to order some of our services, in particular to review news and information on automotive engineering and mechanics, to participate in online courses and tests to determine the level of knowledge in various fields. The Website is a platform for posting offers for the sale of goods or contents by the Seller.
The Information system – is a complex information system with relevant functional assignment, which gives Users an opportunity to order our Electronic Products, to review news and information on automotive business, engineering and mechanics, to participate in online courses and tests to determine the level of knowledge in various fields, to post comments and reviews.
Electronic Products (Products) – any products in electronic form which can be bought by the User in the online shop of the Website by means of subscription for the relevant period chosen by the User. These are: interactive online training courses, software for improving the efficiency of automotive services (KPI online calculator), other documents in the electronic form.
The Administration – the person (persons) authorised by the Owner of the Website to implement management of the Information system and other actions related to its usage.
The Moderator – the person (persons) authorised by the Administration to edit the information in the Information system in order to control Users compliance with our rules and policies.
The Visitor (the Website visitor) – any person, who visited, took a look at least at one page of the Website. The Visitor can browse information on the Website which is intended for acquaintance with the Information system and our services in order to preview.
The User means a person who uses the Website and/or otherwise has an access to the functionality of the Website and/or the Information system. The User is a person who has reached the age of 18, who has full legal capacity, who uses this site and / or its functionality, who has agreed to the terms of the Public Offer and has fulfilled all its conditions described below.
Account – a record which contains data that User reports about himself when registering on the Website. It contains data needed for the User authorisation when using the Information system. Account creation provides the User with the opportunity to use the functionality of the Website (to change the Users login information, to set up the preferences for notifications as well as privacy settings, to access to list of the blocked members (users), to restrict the Group invites, to request the data export) in accordance with the terms of this Public Offer.
Profile – is a set of software functions of the Website, which allows the User, who is properly logged in to his Account, to receive the information about his Orders, purchases, make changes to accounting and personal data of the User and access to purchased electronic Products (Content and Online Services).
Registration – the procedure of creating an Account.
Order – duly executed and placed request of the Buyer (fill in the appropriate fields on the website in the section “Checkout”), addressed to the Seller, with an offer to buy the list of Goods selected on the website, indicating its quantity.
Recipient – the person who receives the product. Unless otherwise specified in the section “Checkout”, the Recipient is the Payer.
Payer – a person who pays for the Buyer’s order, unless otherwise specified in the section “Checkout”, the Payer is the Buyer.
Buyer – a registered User who places an order and intends to purchase / purchase goods offered for sale by the Seller and presented on the Website.
Content – is an electronic product presented on the website digital.staff-capital.com in the form of text, image, audio and video files provided in various formats and presented for viewing, downloading and other actions by the User.
Promotional content – content that can be downloaded at a promotional price for a certain period of time, which will be announced in the relevant section of the website.
Content Buyer – a buyer who receives the opportunity to look through, use online or download the content offered on the website digital.staff-capital.com.
Rights owner – the owner of the Content or the Online Service.
The Seller is a legal entity or a person-entrepreneur who places information on the Website with an offer to purchase certain goods. The seller may be either the Administration or any person to whom the Administration has granted the right to post information about the product on the Website. The name of the Seller is indicated in the documents for the transfer of goods to the Buyer.
Online Services – is an electronic product presented on the website digital.staff-capital.com for sale in form of subscription for the relevant period, which allow to use additional restricted functionality of the Website.
Offer – is information about possible conditions for the purchase of goods, contents or electronic products, posted by the Seller on the Website, which includes information about the goods, contents or electronic products, price, payment methods, subscription or delivery terms, information about discounts and promotions for the goods or content, and other terms of purchase. Terms of Offers posted on the Website are set by the Seller.
Agreement – this public offer, including all its terms and its annexes.
- SUBJECT OF AGREEMENT
2.1. This Agreement (hereinafter the Agreement or the Terms of Service) is concluded between a sole entrepreneur Artemenko Olga (the Owner of the Website), registered under the legislation of Ukraine (address: 04655, Ukraine, Kyiv, Vikentia Hvoykу Street 18/14, office 703, TIN 3094915680) – a person, who provides access to the Information system, and a person who properly registered via the Website.
2.2. According to this Agreement the Administration provides Users with the right to use the Information system and its functions according to assignment of the Information system, specified in Section 1 of this Agreement.
2.3. This Agreement regulates the User’s access to the information posted on the Website, the use of the Website, as well as the possibility of transferring goods or providing access to the content that was bought by the User.
3.1. For using the resources, the services and the functions of the Information system the User needs to express his agreement with this Terms of Service. THE USER HAS NO RIGHT TO USE THE INFORMATION SYSTEM IF HE (SHE) DOESN’T ACCEPT THE TERMS OF THIS AGREEMENT.
3.2. The Visitor has no right to use the Information system and can not accept the terms of the Agreement if he (she) is not under established legislation age for concluding such agreements; or did not comply with other conditions for concluding such agreements provided for by law.
3.5. The User is obliged to make changes at every amendment of registered data.
3.6. The lack of data as listed in paragraph 3.3 could lead to impossibility to access to the services of the Information system for Users which registered with incomplete or false personal data.
3.7. The User at the time of registration expresses his (her) consent:
3.8. The Administration has the right to suspend User’s access to account and services of the Information system in case of violation of this Agreement.
3.9. Removal of an account is conducted in the following order:
3.9.1. Users remove their accounts by themselves. Users’ accounts could be removed by the Administration based on a letter, sent to the e-mail of the Administration.
3.10. One User can own just one account. The User identification is carried out on registration data in the Information system.
- INTELLECTUAL PROPERTY RIGHTS
4.1. Only registered Users of the Website could use interactive resources and/or functions of the Information system.
4.2. The User has the right to use resources and/or functions of the Information system in such ways which are not contradicting these Terms of Service.
4.3. Copyrights for materials of the Information system, resources, services, unless otherwise specified, are belonged to the Administration.
4.4. Copying of materials of the Information system without written consent of the Administration is forbidden.
4.5. Partly quoting of materials of the Website is permitted on an irregular basis with obligatory reference to the source of quotation (no more than 10% from the overall amount of materials).
4.6. All the names, titles, trademarks, symbols and slogans registered in accordance with established procedure are the property of their legitimate owners. In materials of the Information system are not used symbols ® and\or ™ to designate it.
- THE RULES FOR WRITING REVIEWS AND COMMENTS
5.1. The Users could have an option to comment and/or writing reviews in section “Forums” of the Website. Due to this option the User has an opportunity to express his (her) own opinion on the different topics related to our Website and/or our services. The User should adhere to the established rules and restrictions when writing reviews and/or comments.
5.2. Ignorance of the rules, including restrictions on publication of information and usage of resources of the Information system, does not exempt from the observance, and in case of its violation, liability arises in accordance with this Agreement and/or the legislation applicable under this Agreement.
5.3. Users are prohibited from:
5.3.1. Abusive behaviour in relation to other Users and/or representatives of the Administration.
5.3.2. Usage of the review (comment) form not for the intended purpose (for example – posting personal data of other Users and/or third parties).
5.3.3. Publication of obscene utterance.
5.3.4. Publication of messages in order to provoke a sharp reaction of other Users.
5.3.5. Publication of unauthorised advertising, commercial messages or announcements.
5.3.6. Publication of materials which contain grounds of discrimination the national, ethnic, racial or religious affiliation, and also the text which is vulgar, obscene, pornographic or inciting to racism, xenophobia and also inciting to conflicts between peoples.
5.3.7. Unauthorised publication of materials which copyrights are owned by third parties.
5.3.8. Promotion of computer and audio-video piracy in any ways, publication of links to files and or the websites directly violating or facilitating the copyright violation of the third parties (torrent-trackers, file-sharing services, websites with unauthorised files).
5.3.9. Creating accounts, which usernames imitate duty names (the Administrator, the Moderator, etc.), or any similar name of already registered User.
5.3.10. Usage of a capital letter in text messages, punctuation marks and special symbols, except in cases regulated by the rules of the language usage.
5.3.11. Publication of calls for forcible change or overthrow of the constitutional order, for seizure of State power; for shifting State borders of Ukraine and/or other countries; for destruction of property, seizure buildings and constructions; for aggression or unleashing a military conflict; other actions and publications of any messages forbidden by legislation of Ukraine.
5.4. It is discouraged to publish messages (reviews), which have no informational assignment and not relevant to resource subject.
5.5. The Administration has the right to remove and/or modify the review (comment) of any User.
- ROLE OF THE ADMINISTRATION
6.1. The Administration is not responsible for any actions of the Users.
6.2. The Administration can block accounts of Users in the following cases:
6.2.1. Systematic violation of the rules of this Agreement.
6.2.2. Actions considered by the Administration as a deception, fraud and misrepresentation of Users and/or the Administration.
6.2.3. Using the functions of the Information System not for their intended purpose. For example, publishing comments and content via the Website, which are not related to the Website purpose and/or contain elements of an illegal nature.
6.3. Account restoration only possible in case of notification the Administration and acception appropriate decision by the Administration.
6.4. The Administration reserve the right to block account of the User which actions insult the members of the Administration and/or can harm or tarnished the good name of the Administration.
7. SHOP: PRODUCTS, PRICING, PAYMENT, GRANTING ACCESS TO THE PRODUCTS, REFUND POLICY & WARRANTY CONDITIONS
7.1. The website shop offers only electronic products (Contents or Online Services) which are sold by term of subscription or with a one-time payment. This is stated in the description of a particular electronic product.
7.2. The product information as well as price is displayed on the Website and is dynamic. This means that the information may be updated, changed and supplemented by the Administration at any time without prior notice to the User. Certain changes take effect after their publication on the Website and apply to any order made after their publication.
7.3. The price of electronic products (Content and Online Service) may change regardless of whether they were promotional or not. The Seller does not reimburse the Buyer for the cost of the purchased electronic product if over time, these electronic products become promotional and their value is significantly reduced. The buyer of such electronic products understands and agrees that after a certain period the price of the promotional electronic product may change, and the free promotional electronic product may become paid and vice versa.
7.4. Prices for electronic products (content and online services) are subject to change without notice to the Buyer. If the price reduction occurs after the Buyer purchases an electronic product, the Website Administration is not obliged to make any compensation to such Buyer.
7.5. The Seller has no right to change the price of the ordered Products after the Order has been accepted by the Seller, and the Buyer has received an email or phone call confirming the Order or the Buyer has paid for the Product.
7.6. Users pay for the right to use Contents and/or Online Services in accordance with the explanations of the Administration, which are posted through the interface of the Website. Users can make appropriate payments using payment systems designated by the Administration.
7.7. By ordering Products on the Website and by paying for them, the Buyer agrees to all the terms of this Agreement and its Annexes.
7.8. The Buyer may pay for the ordered Product: by Visa or MasterCard bank card on the Site at the time of placing the Order; by transferring funds immediately before receiving the Product to the Seller’s bank account.
7.9. The User / Buyer understands and agrees that the operator for receiving and making payments for the products presented on the Website is, depending on the circumstances, one of the acquiring companies connected to the Website and selected by the User / Buyer in the process of payment for the Product.
7.10. Security policy for transferring payment card details. When the Buyer is paying for any of our services with a bank card, payment processing (including entering the card number) occurs on a secure page of the processing system. This means that the confidential data of the Buyer (card details, registration data, etc.) is not transferred to the Website Administration. Such data processing is completely protected and no one can receive specified cardholder data. When working with payment card data, the information security standard (Payment Card Industry Data Security Standard (PCI DSS) developed by the international payment systems Visa and Master Card is applied. PCI DSS ensures secure processing of payment card details and cardholder data. PCI DSS includes implementation of Secure Sockets Layer (SSL) protocols and other security methods.
Granting access to the Products
7.11. Products sold on the Website must be paid in full by the Buyer. Only after full payment the Seller provides access to electronic products.
7.12. Access to the electronic Product (Content or Online Service) is provided to the Buyer immediately after the Seller receives payment for such Product and the relevant notice to the Buyer. The product is stored in the Buyer’s Profile in the appropriate section for as long as specified at the time of purchase. Thus, from the moment of providing access to the electronic Product and its appearance in the Buyer’s Profile, it is considered that the Seller has provided access to the electronic Product in full.
7.13. The Website Administration makes every effort to provide access to the Electronic Products as soon as possible after payment on the Website, however, delays are possible due to unforeseen circumstances beyond the Administration’s control (force majeure). The Administration informs the Buyer about the occurrence of force majeure and agrees on new conditions for providing access by e-mail, messenger or telephone.
7.14. Access to electronic products may be limited by either the number of downloads or the time period set at the time of purchase. Restriction information is always provided when making a purchase on the Website. In case of exceeding the allowable number of downloads by the Buyer or the end of the time period, access to the purchased electronic Product will be terminated. If the allowable download exceeds due to technical reasons (for example, due to unstable connection or software problems on the part of the Content Buyer), the Site Administration reserves the right, but is not obliged, to give such Content Buyer the opportunity to make one additional download.
7.15. Content files are provided for download to Content Buyers as received from copyright holders. Seller undertakes to provide access to the Content in one or more of the possible Content file formats of its choice. Seller is not responsible for the inability to download the Content file in a certain format, regardless of whether this format was declared in the list available for this work. Seller / Rights Owner / Intellectual Property Rights Holder is not responsible for the content of the Content.
7.16. In some cases, at the request of the Rightholder, in cases significant inaccuracies or defects, of the Administration reserves the right to remove certain Content from the Buyer’s Personal Account or to replace the Content.
7.17. Refunds paid for the electronic products (Contents or Online Services) are possible in the manner prescribed by the current legislation at the place of registration of the Website owner and only before the User received the access to the relevant Electronic Product via his Profile or in the relevant Group. Providing the User with the access to the relevant electronic product is a confirmation of the proper fulfilment of the obligations of the Administration.
7.18. In the event that the Buyer pays for access to the electronic product (Contents or Online services) and unable to access it directly for technical or any other reasons by the Buyer (arising on the part and through the Buyer’s fault), no refund will be made and the Product will be considered obtained properly. Refunds are only possible if the Seller has provided a non-working Content or Online Service (which cannot be used and if proven by the Seller during the additional check) and if the Seller cannot replace or fix such Product. Therefore, the electronic product (Content or Online Service) of good quality cannot be returned or exchanged.
7.19. Requests for refunds for electronic Products (Content or Online Service) are considered by the Administration of the Website only within 14 calendar days from the date of payment for the particular Product and if the conditions of paragraph 7.17 are not violated.
If the Buyer submits a request for the refund later than 14 days, it is considered that the Product has been provided in full and the Administration has the right not to consider to such a request.
7.20. Electronic products (Content and Online Services) do not have a warranty period.
- CONFIDENTIALITY OF INFORMATION
- LIABILITY OF THE PARTIES AND ITS LIMITATION
9.1. For violation or improper performance of their obligations under this Agreement the Parties are held liable in accordance with the legislation of Ukraine.
9.2. The Administration is not liable for consumer properties and/or quality of the content provided via the Website. The Administration is not liable for the possible inaccuracy and/or incompleteness regarding such a content.
9.3. The Administration is not liable for breaks in the provision of services, caused by technical disruptions in work of equipment and software. However, the Administration undertakes to take all reasonable measures to prevent such disruptions.
9.4. The Administration is not liable for any direct or indirect damages incurred by Users or by the third parties and also for loss of profit as a result of using the Website.
9.5. The User is solely responsible to third parties for the possible illegal nature of the content uploaded (by the User) through the Website, in particular for the comments and/or messages uploaded by the User.
9.6. The User agrees that he is solely responsible (and that the Administration is not held liable to the User or any third parties) for any violation of User’s obligations under this Agreement and for all the consequences of such violations including any loss or damage that the Administration may incur.
10. THE DATE OF ENTRY INTO FORCE AGREEMENT AND AMENDMENTS
10.1. The moment of entering into this Agreement is the moment when the User presses the Registration button («Sign up», «Create Account», «Enter» or another button with the appropriate assignment) located in the Website. Hereby, Users confirm their agreement with all the terms of this Agreement.
10.1.1. In any case, by filling out the registration form in the Website, the User accepts the terms of this Agreement.
10.2. The Administration has the right to unilaterally and at any time amend this Agreement by placing its new version on the Website.
10.3. The User in turn undertakes to read at least once a week the current version of this Agreement posted on the Website, including information on making changes to this Agreement. Unless otherwise explicitly stated by the Administration, the new version of the Agreement and its Annexes shall come into effect at the time of posting it on the Website.
10.4. In case of disagreement with the new version of the Agreement, the User must immediately stop using the Website and the Information system.
- TERMINATION OF AGREEMENT
11.1. At any time the User can terminate the Agreement with the Administration using the appropriate data removal procedure and stop using the Website and the Information system.
11.2. The termination of the Agreement on the part of the Administration may occur in the following cases:
11.2.1. Harming the Administration and/or other Users.
11.2.2. Commission of acts that contradict this Agreement and/or violations of the provisions of this Agreement.
11.3. The resumption of relations may occur upon the decision of the Administration, provided that conditions described in paragraphs 3.3-3.5 of this Agreement are fulfilled after elimination of the causes for termination of the Agreement.
- LEGISLATION AND PROCEDURE FOR RESOLUTION OF DISPUTES
12.1. The activity of the Administration is conducted in accordance with the legislation of Ukraine. All of the disputes related to this Agreement are resolved through negotiations if the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Ukraine.
12.2. Judicially recognition of the invalidity of certain provisions of this Agreement does not entail invalidity of the Agreement as a whole.
13.1. This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):
14. CONTACT US
14.1. If you have any questions regarding this Agreement, please contact us at the contact information indicated below:
04655, Ukraine, Kyiv, Vikentia Hvoyky Street 18/14, office 703
- “GROUPS” AND “EVENTS” SECTIONS OF THE WEBSITE
1.1. The Website has two additional sections (the “GROUPS” section and the “EVENTS” section) with following functionality:
1.1.1. The “GROUPS” section provides the opportunity to create public and closed groups, which are available for other Users. This section of the Website also allow Users to share content, to message each other and to invite each other to join created groups. Each invited User can freely leave a group joined earlier.
1.1.2. The “EVENTS” section provides the opportunity to create events, to edit events, to invite other Users to participate in events and to join events. This section of the Website also allow Users to message each other, to edit lists of event participants, to see a list of events.
1.2. In addition to those specified in paragraphs 1.1.1 and 1.1.2. of this Annex, the “GROUPS” section and the “EVENTS” section of the Website may offer Users additional functionality that is related to the purpose of these sections. The description of such additional functionality could be specified by Administration directly through the interface of the Website.
2.1. Due to possibility to post text messages and other content, Users should conduct such activity in a strict accordance to the terms of section 5. of the Agreement, which apply to commenting and/or writing reviews via the Website.
- USER CREATED CONTENT
3.1. By uploading a content via the Website and/or via the Information system, the User grants the Owner of the Website and the Administration a limited license to dispose and use such a content.
3.2. By uploading a content User guarantees that he (she) owns a necessary amount of intellectual property rights to upload and share such a content.
3.3. The User is solely responsible for any possible violation of intellectual property rights of third parties.
- LIABILITY AND ITS LIMITATION
4.1. In addition to the terms of section 9. of the Agreement, You, as a User, agree to the following terms:
4.2. When uploading a content and/or using the Website the User is liable for compliance with existing legislation of Ukraine.
4.3. The Administration is not liable for the substance of the content uploaded by the Users.
4.4. The Administration is not liable for the validity of information published by Users via the Information system and/or for legality of Users publications.
4.5. The User is solely responsible for the context of User uploaded content and its compliance with the requirements of the applicable law.
- DISCLAIMER OF WARRANTY
5.1. Our digital service coverage, speeds, server locations, and quality may vary. We will attempt to provide the services at all times, except for limited periods for maintenance and repair. However, the services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with our services or communications services or networks. We may impose usage or services limits, suspend the services, or block certain kinds of usage in our sole discretion to protect Users or our services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
5.2. WE WILL STRIVE TO PREVENT INTERRUPTIONS TO THE WEBSITE AND RELATED SERVICES. HOWEVER, THESE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED THROUGH THE WEBSITE AND/OR THE INFORMATION SYSTEM, OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOU ACCESS THE WEBSITE AND/OR THE INFORMATION SYSTEM AT YOUR SOLE RISK AND DISCRETION.
5.3. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OUR WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND/OR THE INFORMATION SYSTEM WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.