TERMS OF SERVICE
1. INTRODUCTION
1.1. Welcome to LIMITED LIABILITY COMPANY “UKRAINEMART” (“LLC “UKRAINEMART”, “Company”, “we”, “our”, “us”)!
1.2. These Terms of Service (“Terms”, “Terms of Service”) govern your (“User”, “you”, “your”) access to and use of our web pages located at https://ukrainemart.com/ and any services provided by LLC “UKRAINEMART”.
1.3. Please read these Terms carefully before using our Service. By accessing or using our Service, you agree to comply with these Terms. If you do not agree with any part of these Terms, please refrain from using our website.
1.4. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Service.
1.5. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). By registering on https://ukrainemart.com/ you acknowledge that you have read and understood Agreements, and agree to be bound of them.
1.6. The Company provides users with services for access to the web pages on the Company's website https://ukrainemart.com/ , subscriptions and other services specified in the Terms ("Service").
2. ACCOUNTS
2.1. In order to access certain features of our website or utilize our services, you need to register an account. An account is a record on computers, servers connected to the Internet that identifies the User on the https://ukrainemart.com/ , contains data on access to it, and determines the rights of such access. By registering an account, you represent and warrant that:
2.1.1.1. You are above the age of eighteen and have the capacity to enter into a legally binding agreement;
2.1.1.2. The information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service;
2.1.1.3. You will promptly update any changes to your account information to ensure it remains accurate and complete;
2.1.1.4. You will maintain the confidentiality of your account credentials, including your username and password, and are fully responsible for all activities that occur under your account.
2.2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.3. You are strictly prohibited from sharing your account credentials or allowing others to access your account. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.
2.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
2.5. We reserve the right to refuse service, terminate accounts, remove or edit content of website, or cancel Requests in our sole discretion.
2.6. Agreements shall apply both to users who have registered a profile on https://ukrainemart.com/ and to users who visit https://ukrainemart.com/ without registering a profile.
3. COMMUNICATIONS
3.1. By creating an Account on https://ukrainemart.com/ , you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by emailing at: [email protected]
4. USER RESPONSIBILITIES
4.1. You agree to use our Service in compliance with all applicable laws, regulations, and these Terms.
4.2. You are solely responsible for any content you post, transmit, or share on our Site. You must ensure that your content does not infringe upon the rights of third parties or violate the universal Intellectual Property Rights or any applicable laws.
4.3. You agree not to engage in any unauthorized access, use, or distribution of our Service, including attempting to gain unauthorized access to other User accounts.
5. PURCHASES
5.1. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
5.2. You represent and warrant that:
5.2.1. you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
5.2.2. the information you supply to us is true, correct and complete.
5.3. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
5.4. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
5.5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
6. CONTESTS, SWEEPSTAKES AND PROMOTIONS
6.1. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service.
6.2. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules shall apply.
7. SUBSCRIPTIONS
7.1. The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis.
7.2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or LLC “UKRAINEMART” cancels it. You may cancel your Subscription renewal by contacting LLC “UKRAINEMART” customer support team.
7.3. A valid payment method, including credit card, LiqPay or PayPal, is required to process the payment for your subscription. You shall provide LLC “UKRAINEMART” with accurate and complete billing information including full name, address, state, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize LLC “UKRAINEMART” to charge all Subscription fees incurred through your account to any such payment instruments.
7.4. Should automatic billing fail to occur for any reason, LLC “UKRAINEMART” will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Such an invoice will be sent to the email address you provided us when registering your Account.
7.5. There are offered four Subscription plans:
7.5.1. Free.
7.5.2. Basic.
7.5.3. PRO.
7.5.4. Gold.
7.6. Company posts the contents of subscription plans on its website. The Company reserves the right to change the contents of the Subscription plans at its sole discretion. The amended Subscription plans shall be posted on the Company's website in the "Subscriptions" section: https://ukrainemart.com/subscriptions and shall be in force from the moment of such posting.
7.7. The cost of each Subscription plan shall be posted on the Company's website https://ukrainemart.com/subscriptions and shall be in force from the moment of such posting.
7.8. If you do enter your billing information when signing up for Free plan, you will not be charged by LLC “UKRAINEMART”.
7.9. At any time and without notice, LLC “UKRAINEMART” reserves the right to modify Terms of “Free” Subscription plan, or cancel such “Free plan”.
8. FEE CHANGES
8.1. LLC “UKRAINEMART”, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change enters into force at the end of the then-current Billing Cycle.
8.2. LLC “UKRAINEMART” will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change enters into force.
8.3. Your continued use of Service after Subscription fee change enters into force constitutes your agreement to pay the modified Subscription fee amount.
9. REFUNDS
9.1. Except when required by law, paid Subscription fees are non-refundable.
9.2. User acknowledges that all fees and charges paid for Company services are non-refundable. This includes, but is not limited to, annual Subscription fees.
10. REQUEST
10.1. Our Service allows you to post an announcement about the product you want to export or import (“Request”). You are responsible for Request that you post on Service, including its legality, reliability, and appropriateness.
10.2. By posting Request on Service, you represent and warrant that the posting of your Request on Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing on a copyright.
10.3. You retain any and all of your rights to any Request you post on Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Request you post on Service. You agree that you entitle us to make your Request available to other users of Service.
10.4. LLC “UKRAINEMART” has the right but not the obligation to monitor and edit all Requests provided by users.
10.5. Users are solely responsible for the accuracy and legality of the products posted on Service. Company does not verify or endorse the products posted by users. We shall not be held liable for any claims, damages, or losses resulting from the products posted by users.
11. PROHIBITED USES
11.1. You may use Service only for lawful purposes and in accordance with Terms. You agree NOT to use Service:
11.1.1. In any way that violates any applicable national or international law.
11.1.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
11.1.3. To transmit, or procure sending of any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
11.1.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
11.1.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
11.1.6. To engage in any other conduct that restricts or inhibits anyone’s use of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
11.2. Additionally, you agree NOT to:
11.2.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
11.2.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
11.2.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
11.2.4. Use any device, software, or routine that interferes with the proper working of Service.
11.2.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
11.2.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
11.2.7. To attack Service because of denial of service.
11.2.8. Take any action that may damage or falsify the Company's rating.
11.2.9. Otherwise attempt to interfere with the proper working of Service.
12. ANALYTICS
12.1. We may use third-party Service Providers to monitor and analyze the use of our Service.
12.1.1. Google Analytics:Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en .We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245 .
12.1.2. Firebase:Firebase is analytics service provided by Google Inc. You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en . For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
12.1.3. Fathom Analytics:Fathom Analytics is analytics service provided by Conva Ventures Inc. You can find their Privacy Policy here: https://usefathom.com/privacy/
12.1.4. Piwik / Matomo:Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy
12.1.5. Clicky:Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms
12.1.6. Cloudflare analytics:Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/
12.1.7. Statcounter:Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/
12.1.8. Flurry Analytics:Flurry Analytics service is provided by Yahoo! Inc. You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry's Opt-out page: https://dev.flurry.com/secure/optOut.do .
12.1.9. Mixpanel:Mixpanel is provided by Mixpanel Inc. You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/ . For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/
12.1.10. Unity Analytics:Unity Analytics is provided by Unity Technologies. For more information on what type of information Unity Analytics collects, please visit their Privacy Policy page: hhttps://unity3d.com/legal/privacy-policy
12.1.11. Azure DevOps:Azure DevOps is a Software as a service (SaaS) platform from Microsoft that provides an end-to-end DevOps toolchain for developing and deploying software. You can find Microsoft Privacy Statement here: https://privacy.microsoft.com/en-gb/privacystatement
12.1.12. Yodo1:Yodo1 is a service provided by Yodo1, Ltd. For more information on what type of information Yodo1 collects, please visit their Privacy Policy page: https://www.yodo1.com/privacy
12.1.13. Weblate:For more information on what type of information Weblate collects, please visit their Privacy Policy page: https://weblate.org/en/terms/
13.1. Service is intended only for access and use by individuals at least eighteen years old. By accessing or using Service, you warrant and represent that you are at least eighteen years of age and with the full authority, legal competence, and legal capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen years old, you are prohibited from both the access and usage of Service.
14. INTELLECTUAL PROPERTY
14.1. Service and its original content (excluding Requests provided by users), features and functionality are and will remain the exclusive property of LLC “UKRAINEMART” and its licensors.
14.2. The intellectual property rights to the Service are subject to protection under international treaties ratified by the Verkhovna Rada of Ukraine, the legislation of Ukraine and, in certain cases, foreign countries.
14.3. Our trademarks may not be used in connection with any product or service without the prior written consent of LLC “UKRAINEMART”.
15. COPYRIGHT POLICY
15.1. We respect the intellectual property rights of others. It is our policy to respond to any claim that Request posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any natural person or legal entity.
15.2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected] , with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed in Section 16 of Terms, under the Law of Ukraine “On Copyright and Related Rights”.
15.3. You may be held liable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on Service on your copyright.
16. CLAIM FOR TERMINATION OF COPYRIGHT INFRINGEMENT
16.1. The Claim for termination of copyright infringement (hereinafter referred to as the "claim") shall contain:
16.1.1. information about the User necessary for its identification: name, location, e-mail address or postal address to which the company may send information, identification data on the registration of a legal entity in the country of location, in particular in a trade, banking, judicial or state register, including the details of the register, registration number;
16.1.2. type and name of copyrighted objects, other information enabling identification of the object infringed under the claim;
16.1.3. a reasoned statement, specified in the relevant Claim, that the User has property rights to the copyright object or exclusive rights to use such object, with reference to the grounds for the emergence of such rights or exclusive rights and the validity period of such rights (the grounds shall not be specified if the User is the primary subject of the relevant property rights);
16.1.4. a link to electronic (digital) information posted on a website or a link to a web page to which the copyrighted object infringement alleged in the claim was interactively made available;
16.1.5. a demand to prevent access to digital content on the website and/or a demand to prevent further posting of the said digital content on the website;
16.1.6. information about the hosting service provider that provides services and/or resources for placing the relevant website or parts thereof on the Internet and providing access to them via the Internet, namely: name; e-mail address or postal address to which the Company may send information;
16.1.7. the User's statement that the information provided in the claim is reliable, and the existence of the rights claimed to be infringed has been verified by the attorney or representative in intellectual property matters (patent attorney), through whose representation (intermediation) the claim is filed.
16.2. The User shall file the Claim only with the representation (intermediation) of an attorney or representative in intellectual property matters (patent attorney). An attorney or representative in intellectual property matters (patent attorney) sends a relevant Claim, if the User is identified, their contact details are determined and the documents provided by the User confirm that the User has the rights to which the claim is made to terminate infringement.
16.3. The Claim shall be accompanied by a copy of the document proving the authority of the attorney or representative in intellectual property matters (patent attorney).
16.4. The claim shall be sent to the Company with a copy sent to the hosting service provider that provides services and/or resources for hosting the website.
16.5. The Company shall consider the claim in accordance with the procedure and within the time limits established by the legislation of Ukraine. The Company may refuse to fulfil the Claim in cases established by law.
17. ERROR REPORTING AND FEEDBACK
17.1. You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
17.2. You acknowledge and agree that:
17.2.1. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
17.2.2. Company may have development ideas similar to the Feedback;
17.2.3. Feedback does not contain confidential information or service information from you or any third party; and
17.2.4. Company is not under any obligation of confidentiality of the Feedback.
17.3. In the event the transfer of the ownership to the Feedback is not possible due to applicable law, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
17.4. The third-party websites and tools mentioned above include, but are not limited to, the following:
17.4.1. Bugsnag:Bugsnag is a platform for monitoring and logging stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/
17.4.2. ACRA:ACRA or Application Crash Reports for Android is monitoring platform. Please find more information here: https://github.com/ACRA/acra
17.4.3. Rollbar:Rollbar is error tracking service provided by Rollbar Inc. Find out more here: https://docs.rollbar.com/docs/privacy-policy
17.4.3. Sentry:Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/
17.4.4. Raygun:Raygun is automated error monitoring software provided by Raygun Limited. Privacy Policy is accessible at https://raygun.com/privacy/
17.4.5. Firebase Crashlytics:Firebase Crashlytics is bug reporting service provided by Google Inc. You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en .
18. LINKS TO OTHER WEBSITES
18.1. Our Service may contain links to third party websites or services that are not owned or controlled by LLC “UKRAINEMART”.
18.2. LLC “UKRAINEMART” has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
18.3. You acknowledge and agree that LLC “UKRAINEMART” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on any such third party websites or services.
18.4. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
19.1. Service is provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their Service, or the information, content or materials included therein. You expressly agree that your use of Service, its content, and any services or items obtained from us is at your sole risk.
19.2. Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Service.
19.3. Without limiting the foregoing, neither company nor anyone associated with company warrants that Service or any items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Service or the server that makes it available are free of viruses or other harmful components or that the Service or any items obtained through the Service will otherwise meet your needs or expectations.
19.4. Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
19.5. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
20.1. Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any applicable laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage.
20.2. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the Service, and under no circumstances will there be consequential or punitive damages.
20.3. Users are solely responsible for any financial transactions conducted between them and other Users on our website. Company is not involved in the financial transactions between users and shall not be held liable for any disputes, damages, or losses arising from such transactions. In case of any fraud reported with evidence, Company reserves the right to take necessary action against the User which can lead to suspension from the Service.
20.4. Company does not sponsor, endorse, verify, or warrant the accuracy of the information found on the website and/or to be used for financial transactions between the buyer and seller. Any action you take upon the information on the website is strictly at your own risk, and Company shall not be liable for any losses and damages in connection with the use of our website.
21. TERMINATION
21.1. We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
21.2. If you wish to terminate your account, you may simply discontinue using Service and inform us about it.
21.3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. APPLICABLE LAW
22.1. These Terms shall be governed and interpreted in accordance with the laws of Ukraine without regard to its conflict of law provisions.
22.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid by a court, the remaining provisions of these Terms remain in effect.
22.3. These Terms constitute the entire agreement between us regarding our Service and replace any prior agreements we might have had between us regarding Service.
23. CHANGES TO SERVICE
23.1. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
23.2. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.
23.3. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
24. AMENDMENTS TO TERMS
24.1. We may amend Terms at any time by posting the amended terms on this web-site. It is your responsibility to review these Terms periodically.
24.2. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
24.3. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
25.1. No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
25.2. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
26.1. By using Service, you acknowledge that you have read these terms of service and agree to be bound by them.
26.2. The Company uses artificial intelligence for the efficient functioning of the Service. By agreeing to these Terms, you consent to the use of artificial intelligence when performing any actions that the Company is authorized to perform in accordance with these Terms, regarding your Account, the Requests you post and any other data you provide to the Company.
27. CONTACT US
27.1. Please send your feedback, comments, requests for technical support:
By email: [email protected]
By phone number: +380739596834