This Agreement is concluded between an Individual Entrepreneur Pavel Romanovich Samoilenko, acting on the basis of Certificate series 78 № 009040466 (PSRNSP: 313784722000144), hereinafter referred to as the "Service Administration" and any person becoming a user when registering on the TimePlan.me Service website (hereinafter - "Service"), hereinafter referred to as "User", together referred to in the text of the Agreement as the "Parties", and separately - a "Party". Under "User" is equally understood as "Client" (manages reception) and "Consumer" (makes appointments). Relations with "Client" are additionally regulated by the offer contract, available at http://timeplan.me/About/Offer
1.1. This Agreement in accordance with Article 435 of the Civil Code of the Russian Federation is a public offer. By accessing the materials of the Service, the User is considered to have acceded to this Agreement, accepts the terms of this offer and the provisions of the Agreement.
1.2. The unconditional acceptance of the terms of this offer is carried out by registration on the Service website.
1.3. This Agreement, concluded by acceptance of this offer, does not require bilateral signing and is valid in electronic form.
1.4. The use of materials and functions of the Service is governed by the applicable laws of the Russian Federation.
2.1. The subject of this Agreement is the transfer by the Service Administration of non-exclusive rights to use the "TimePlan.me" Service to the User under a simple (non-exclusive) license by providing access to the Service on a server owned by the Service Administration.
2.2. The terms of this Agreement apply to all subsequent updates and new versions of the Service. By agreeing to use the new version of the Service, the User accepts the terms of this Agreement for relevant updates, new versions of the Service, unless the update and/or new version of the Service is accompanied by another agreement.
2.3. The "TimePlan.me" service is the result of the intellectual activity of the Service Administration and is protected by the legislation of the Russian Federation on the protection of intellectual property and international law, all exclusive rights to the Service, accompanying materials and any copies thereof belong to the Service Administration. The right to use the Service is provided to the User solely on the conditions and to the extent specified in this Agreement.
3.1. To start working with the Service, the User needs to go through the registration procedure by confirming his name and phone number using an SMS verification code. Upon completion of the registration process, the User becomes the owner of the account. From the moment you log in to your account, the User is solely responsible for the security and meaningfulness of the data entered.
3.2. Upon completion of work with the Service, the User independently completes the work under his account by pressing the "Log out" button.
3.3. Consumer's appointment is free of charge. Payment is made by the Client, managing the schedule through the Service
3.4. Paid services are considered to be provided properly and accepted by the User in full if, within 5 (Five) business days from the end of the calendar month for the provision of the corresponding paid service, the Service Administration has not received motivated written claims from the User.
3.5. The Service Administration provides technical support to the User, including on issues related to the functionality of the Service and the services provided, as well as special uses of the Service.
4.1. Rights and obligations of the User.
4.1.1. The User agrees not to take actions that may be considered as violating Russian law or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Service.
4.1.2. The user must at least once a month get acquainted with the current content of this Agreement, located at http://timeplan.me/About/Agreement
4.1.3. The User agrees not to provide (give) in whole or in part to third parties the rights received by him under this Agreement, not to sell, not to duplicate, not to copy the materials of the Service in whole or in part, not to alienate in any other way, including free of charge, without having received all the above actions written consent of the Service Administration.
4.1.4. The User agrees not to transfer passwords and logins used to access the Service to third parties, to ensure the confidentiality of their storage. In case of unauthorized access to the username and password and/or user account, the User is obliged to immediately inform the Service Administration about this.
4.1.5. The user agrees not to use software that automatically downloads and processes (disassembles) the web pages of the Service in order to obtain the necessary data (do not "parse" the web pages of the Service).
4.1.6. The user has the right to access the Service at any time, except during maintenance work.
4.1.7. The user has the right to use the Service within its functional capabilities and on the conditions established by this Agreement.
4.1.8. The user has the right to deposit any amount of money in order to replenish the Personal account on the Service for the subsequent use of the Paid services of the Service.
4.1.9. The user has the right to independently change the password without notifying the Service Administration about it.
4.1.10. The User has the right at any time to submit an application to delete the account and User information stored in the Service. The removal of the user account and information stored on the Service is made within 7 days from the date of receipt of the application. When deleting an account, funds in the User’s personal accounts are not refundable.
4.1.11. The user has the right at any time to refuse to use paid services that were not ordered and paid for on the Service, and to demand the return of funds on the user's personal account. In order to return the funds in the personal account, the User must fill out an application for "Refund of funds" and send it to the email address of the Service Administration. Refunds are made to the User’s bank account specified in the application and opened with any resident bank of the Russian Federation within 30 (thirty) business days from the date of receipt of the "Money Refund Application" by the Service Administration. When transferring funds to a personal account from a bank card, money is returned to the card with which the payment was made.
4.2. Rights and obligations of the Service Administration.
4.2.1. The Service Administration is obliged to provide the User with access to the Service no later than 5 (Five) business days from the moment the user passes the registration procedure on the Service.
4.2.2. The Service Administration is obligated to ensure the operation of the Service, in accordance with the terms of this Agreement, around the clock 7 (Seven) days a week, including weekends and holidays, except for the time of the maintenance work.
4.2.3. The Service Administration has the right to suspend the Service for the necessary scheduled preventive and repair work on the technical resources of the Service Administration, as well as unscheduled work in emergency situations, notifying the User, if it is technically possible, by posting relevant information on the site.
4.2.4. The Service Administration has the right to interrupt the Service, if this is due to the inability to use information and transport channels that are not its own resources of the Service Administration, or the action and/or inaction of third parties, if this directly affects the operation of the Service, including in an emergency.
4.2.5. The Service Administration has the right to update the content, functionality and user interface of the Service at any time in its sole discretion.
4.2.6. The Service Administration has the right to change the cost of paid services unilaterally.
4.2.7. The Service Administration has the right to block and / or delete the User account, including all information content of the User, without notifying the User and explaining the reasons, if the paid services of the Service are not used within 90 (ninety) calendar days, as well as in case the User violates the terms of this Agreement.
5.1. The service is provided to the User "as is" in accordance with the principle generally accepted in international practice. This means that for the problems arising in the process of updating, maintaining and operating the Service (including compatibility problems with other software products, as well as inconsistency of the results of using the Service with the expectations of the User, etc.), the Service Administration is not responsible.
5.2. For violation of obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation. In this case, the responsibility of the Service Administration to the User in the event of a claim for damages is limited to the amount of the cost of the Paid services paid by the User.
5.3. None of the Parties shall be liable for the full or partial failure to perform any of its obligations if the failure to fulfill is a consequence of force majeure circumstances arising after the conclusion of the Agreement and independent of the will of the Parties. In the event of force majeure for more than 3 (Three) months, any Party has the right to unilaterally refuse to fulfill its obligations under this Agreement (terminate the Agreement).
5.4. Since the Service is the intellectual property of the Service Administration, liability for copyright infringement occurs in accordance with the current legislation of the Russian Federation.
5.5. The Service Administration is not responsible for non-performance or improper performance of obligations under this Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage that arose as a result of illegal actions of Internet users aimed at violating information security or normal the functioning of the Service; lack of Internet connections between the User’s computer and the Service Administration server; carrying out by state and municipal bodies, as well as other organizations of actions within the framework of operational search measures; the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that impede or make impossible the implementation of this Agreement; and other cases associated with the actions (or inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of this Agreement.
5.6. In the event of a dispute or disagreement between the Parties arising from or related to this Agreement, the Parties will take all measures to resolve them through negotiations among themselves.
5.7. If it is not possible to resolve disputes and/or disagreements arising between the Parties through negotiations, then such disputes shall be resolved in the Moscow Arbitration Court.
6.1. This Agreement shall enter into force on the date of acceptance and is valid until the full performance of their obligations by the Parties.
6.2. This Agreement may be terminated ahead of schedule by mutual agreement of the Parties, as well as on the initiative of the Service Administration in case the User violates the terms of this Agreement without returning any money to the latter.
6.3. Since this Agreement is an offer, and by virtue of the current civil legislation of the Russian Federation, the Service Administration has the right to withdraw the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In case of withdrawal of this Agreement during the term of its validity, this Agreement shall be deemed terminated from the moment of withdrawal. Feedback is made by posting relevant information on the site.
6.4. The parties agreed that in the execution of this Agreement it is allowed to use the signatures of representatives of the Parties, as well as their seals using facsimile, mechanical or other copying, electronic digital signature or other analogue of a handwritten signature of heads and seals of organizations. The parties confirm that the annexes to this Agreement, signed and executed in the manner specified in this paragraph, are legally binding on the parties and must be followed by them.
6.5. The Administration of the Service has the right to unilaterally amend the conditions for the provision of the Service by posting information about it on the site in the public domain and making changes to this Agreement.
6.6. These changes to the terms of this Agreement shall enter into force from the date of their publication, unless otherwise specified in the corresponding publication. Continued use of the Service by the User after making changes and/or additions to the Agreement means acceptance and consent of the User with such changes and/or additions.
7.1. With the exception of the guarantees expressly indicated in the text of this agreement, the Service Administration does not provide any other guarantees.
7.2. The Service Administration guarantees the User that his personal data posted on the Service will be available only in strict accordance with the legislation of the Russian Federation and/or in the manner and amount agreed with the User.
7.3. By agreeing to the terms and accepting the terms of this offer, the User assures the Service Administration and guarantees that they: