USER AGREEMENT OF ONLINE SERVICE pandora-on.com

1.       GENERAL TERMS AND CONDITIONS

 

1.1.    This User Agreement (hereinafter referred to as Agreement) is a contract between you and Pandora company (hereinafter referred to as Administration) that is owner of online service https://pandora-on.com that allows to register accounts for unlimited number of people and to add devices for GPS monitoring for owners of Pandora systems with GPS – natural or legal person and its representative (hereinafter referred to as User).

 

1.2.    This Agreement comes into force when User accepts the terms in accordance with paragraph 1.4. of this Agreement.

 

1.3.    If User accepts this Agreement, User accepts that the terms of this Agreement can be changed by Administration without any notifications of User or third parties. In this case new version of Agreement comes into force from the date of its posting on the website https://pandora-on.com

 

In the case of the adoption of legal acts by The Russian Federation government, affecting this website operation in whole or in part, Administration reserves the right to make any changes in the website functioning to bring the website in accordance with the new rules.

 

1.4.    When the registration procedure was performed and ‘I Agree’ in sign up window was pressed, the user is considered to have accepted the terms of this Agreement in full without any reservations and (or) exceptions. In case of disagreement with the terms of this Agreement, User cannot use the online service https://pandora-on.com as it is required to enter this Agreement between Administration and User. If new terms are added by Administration in paragraph 1.3. of this Agreement and User does not agree with them, User must immediately stop using the online service https://pandora-on.com

 

1.5.    The following terms are used in this Agreement to illuminate misinterpretation:

 

Website is the online service https://pandora-on.com, its content including programmable code and design is the property of Pandora company (except of images uploaded by Users and entered names) and all rights are reserved.

 

User is natural or legal person that is registered on Website in accordance with this Agreement and gets access to the Website to receive, exchange, transfer and (or) store any information in any form.

 

Information (content) is any materials (messages, data) that are expressed in any form (text messages, reports, images and so on).

 

User’s personal information is personal information that is provided by User when registering on Website (mandatory for specially marked registration form fields, at their discretion for other registration form fields), as well as other information that is sent to Administration automatically when using service via software installed on the Users device.

 

2.       USER REGISTRATION. BLOCKING/DELETING AN ACCOUNT

 

2.1.    To use Website for the purpose of GPS monitoring of Pandora devices, User should complete the registration procedure. During the registration User must select if they want to sign up as natural or as legal entity. Unique account will be created in the end of registration process.

 

2.2.    When signing up, User agrees to provide reliable and full information about themselves or their company (for legal person) on all issues that are provided by Administration in the registration form and to keep this information up to date. If Administration reveals a fact of false and (or) inaccurate and (or) incomplete information about User, as well as Administration has some reasons to believe that provided information is false and (or) inaccurate and (or) incomplete, Administration can block/delete User’s account without any notifications and forbid to use Website or its certain features.

 

2.3.    Administration reserves the right to require proof of authenticity of provided registration information from User. If required documents are not provided (not only identification documents), Administration can consider this as providing false information that will result in consequences specified in paragraph 2.2. of this Agreement (i.e. blocking/deleting of the account).

 

2.4.    During registration process User specifies a unique e-mail as login and then selects the unique password to access the account. User agrees to provide confidentiality of their password and account by themselves.

 

2.5.    User is responsible for all their actions and consequences when using Website under their account, regardless of whether User use their own account, a legal entity account as an employee or as a third party on the basis of the agreement (written and (or) oral ). In case of unauthorized access to the account User must inform Administration immediately, otherwise User will be responsible for such access and its consequences.

 

2.6.    Administration has the right to block or delete User’s account and any content without giving any reasons and any notifications if terms of this Agreement are violated.

 

3.       CONDITIONS OF USER PERSONAL DATA PROCESSING

 

3.1.    Administration collects and stores User data that is necessary to use Website.

 

3.2.    Administration uses provided User personal data:

-             to identify User as a party of this Agreement,

-             to improve the service quality,

-             to carry out statistical observations on the basis of anonymous data,

-             to connect with User, to send notifications, requests or any information.

 

3.3.    Administration agrees not to provide User personal data as well as data of their Pandora devices monitoring with an exception of cases specified in Russian legislation.

 

3.4.    When storing and processing provided User personal data, Administration follows provisions of the current Russian legislation including Act No 152 of July 27, 2006 ‘Personal data’.

 

4.       CONDITIONS OF POSTING CONTENT ON WEBSITE

 

4.1.    After the registration procedure is completed via section 2 of this Agreement and a new Pandora device is added for monitoring to Users’ account, User can use GPS monitoring functions and Fleet management function that are specified on the Website.

 

4.2.    When placing and (or) storing contents on Website, User guarantee that they are the author of this content (information) and (or) has the rights on this content according to provisions of the current Russian legislation.

 

4.3.    User is fully responsible for reliability and legality of provided content, for compliance of this content with the requirements of the current Russian legislation including the third-party liability if content placement violates their rights and interests including moral rights of authors, and other intellectual property rights, it contains the unauthorized use of trademarks, names of companies and their logos. If claims from third parties (related to the placement of materials) are received, User agrees to settle these claims at their own expense. If the user has not reached the age of majority (18 years old), the responsibility for the consequences related to the placement of materials rests with the parents or legal guardian. If Administration will suffer losses related to violation of Agreement provisions by User, User agrees to compensate all damages (including lost profits) suffered by Administration.

 

4.4.    User should agree that Administration may preview posted content and check it in accordance with provisions of the current Russian legislation.

 

Administration has the right to forbid User to add photos in case when their content is contrary to ethics and morals, contradicts provisions of the current Russian legislation and requirements of this Agreement and rules of Administration. Herewith Administration must not notify User about reasons of deleting/changing. User bears all risks related to the placement of content on Website, including risks that are related to the rights violation of third parties, reliability, completeness or usefulness of posted content.

 

4.5.    When posting content, information, Administration specifies User’s name according to User provided data.

 

4.6.    Online service https://pandora-on.com is shareware Website. User can buy improved tariffs and advanced features for a monthly fee. The list of provided paid services is in online shop on Website. This list, prices and payment methods can be changed by Administration in any time without any notifications of the User.

 

4.7.    Administration agrees to provide User the access to the paid service for the time period that was monthly paid according to the list of paid services in online shop on the Website.

 

5.       LIMITATION OF LIABILITY

 

5.1.    Administration does not bear any responsibility to the participants for the property, moral or any other damages as a result of use of Website.

 

5.2.    Administration is not responsible for any errors, omissions, interruptions, deletion, defect, delay in data processing or transmission, communication lines failure, theft or destruction or unauthorized access to the User materials on Website or in any other place. Administration is not responsible for any technical malfunction or other problems of any networks or services, computer systems, servers or providers, software, failure of services or e-mail scripts for any reason.

 

5.3.    Administration will not be liable to any party for any direct, indirect or other consequential damages caused with the use of the Website or use of any other web page that redirects to this Website. Administration is not responsible for any damage to Users’ computer, mobile devices, any other hardware or software caused by the use of the Website.

 

6.       FINAL PROVISIONS

 

6.1.    This Agreement is a contract between Administration of Website and the User.

 

6.2.    If some sections/paragraphs of this Agreement are invalidated and (or) are contrary to other provisions of this Agreement and (or) requirements of the current legislation, other sections/paragraphs will still remain valid.

 

6.3.    This Agreement is governed and construed in accordance with the Russian legislation. Issues that are not regulated by this Agreement should be settled in accordance with the current Russian legislation. All possible disputes under this Agreement should be considered in the order specified by the current Russian legislation.

 

6.4.    Any omission of Administration in case of conditions breach of this Agreement by User does not preclude Administration to take appropriate measures later and it is not a waiver of the Administration of their rights in case of subsequent violations.

 

6.5.    This Agreement is formed in English. If provisions of Agreement in Russian diverge with the provisions of the Agreement in any foreign language, the provisions of Russian Agreement should apply.