Last Updated – October 23, 2023
1. GENERAL PROVISIONS AND SUBJECT OF THE AGREEMENT
1.1. These TERMS AND CONDITIONS OF USE (hereinafter referred to as the Agreement) constitute an agreement between Sole Proprietor Grytsyniak Oleh Ihorovych (hereinafter referred to as the “Administration” or “Rightsholder”), who is the copyright holder of the website shelfy.com.ua (hereinafter referred to as the Website) and/or acts on behalf of the website owner, and an individual who uses the Website and/or has registered on the Website.
1.1.1. Pursuant to Article 6 of the Civil Code of Ukraine, the Parties (user(s) and the Rightsholder) enter into an agreement that is not stipulated by civil legislation acts but corresponds to the general principles of civil law. In certain provisions of this Agreement, the Parties deviate from the provisions of civil legislation acts and regulate their relations at their discretion. Considering this, You (user(s)) and the Rightsholder have entered into this Agreement and have given your consent to all the provisions of this agreement, as well as the rights and obligations provided by and arising from its content.
1.1.2. The terms of this Agreement are the same for all users. Joining this Agreement is a complete, unconditional, and voluntary response to the unconditional acceptance (acceptance) of the terms and provisions of this Agreement. The user’s consent and unconditional acceptance (acceptance) of the terms and provisions of this Agreement are confirmed (expressed) by the fact of using the Website and/or by the fact of the user entering data into any registration forms (order forms, questionnaires, etc.) embedded in the structure of the Website. Thus, the User gives their unambiguous consent to all the terms of this Agreement.
1.1.3. The User has no right to use the Website if they do not agree with the terms and conditions of this Agreement or if they have not reached the legal age at which they are entitled to enter into agreements of this nature. If you do not agree with these terms, please do not use the Website. We recommend regularly reviewing this Agreement as its terms may change.
PLEASE READ THIS AGREEMENT CAREFULLY, AS ITS PROVISIONS AND/OR THE FACT OF USING THE WEBSITE AFFECT YOUR RIGHTS AND OBLIGATIONS.
Your rights and obligations when using the Website are additionally defined (may be defined) by other agreements (public offers), the presence of which we inform you about via our Website.
1.2. According to this Agreement, the Rightsholder grants Users a limited right to use the Website and access the information system embedded in it to search for information in the “online library” of business software, designed to help entrepreneurs find software suitable for their business. The Rightsholder also provides (may provide, subject to the implementation of the relevant functionality of the Website) Users with related services related to posting information messages about business software in the “online library”.
2. TERMS AND DEFINITIONS IN THIS AGREEMENT
2.1. In this Agreement, the terms are used in the following meanings:
Website – an Internet resource with the domain address https://shelfy.com.ua/, including all subdomains and/or pages of the specified website. Using the functional capabilities of the Website, Users can search for information in the “online library” of business software, designed to help entrepreneurs find software suitable for their business.
Visitor of the Website (Visitor) – an individual (or representative of a legal entity) who has visited the Website and viewed at least one page of the Website. A Visitor can view information on the Website intended for preliminary acquaintance with the functional capabilities of the Website and the Information system embedded in it.
User (or “you”) – an individual (including an individual acting on behalf of a legal entity) who uses (has used) the Website and/or has voluntarily registered on the Website and/or has left their data in any forms and/or questionnaires on the Website.
Account – a record (user account) containing information (all or part) that the user provides about themselves when registering on the Website.
Personal Cabinet – a part of the Website where the user can receive various system, reference, and other information. Elements of the Website such as “Account” and “Personal Cabinet,” as well as functions arising from these elements, may not be implemented in the operation of the Website or may be partially implemented.
Administration or Rightsholder or we – this is Sole Proprietor Grytsyniak Oleh Ihorovych, located at: Ukraine, Lviv, Kostyushka St., 18. The Rightsholder owns proprietary rights to such intellectual property objects as the Website and the information system implemented by means of the Website. The Rightsholder manages the Website and performs other actions aimed at ensuring the functioning of the Website. In relations with users, the Rightsholder is represented by its employees and/or authorized representatives.
3. CONDITIONS FOR USING THE WEBSITE
3.1. TO USE THE RESOURCES, SERVICES, AND CAPABILITIES OF THE WEBSITE, THE USER MUST VOLUNTARILY AGREE TO THE TERMS OF THIS AGREEMENT. THE USER IS NOT ENTITLED TO USE THE WEBSITE IF THEY DO NOT ACCEPT THE TERMS OF THIS AGREEMENT.
3.2. A Visitor is not entitled to use the Website and cannot accept the terms of the Agreement if they have not reached the age established by law for entering into similar agreements, or have not fulfilled other conditions for entering into similar agreements provided by law.
3.3. When registering on the Website, the user is obliged to enter and provide truthful and current information about themselves. The user provides information about themselves and transfers it to the Rightsholder in the volume, manner, and on the terms defined in our Privacy Policy (Appendix No. 1). The user is obliged to make appropriate changes with each change of registration data.
3.4. Insufficiency and/or unreliability of the information specified in clause 3.3. results in the impossibility of using the Website.
3.5. At the time of registration and/or ordering goods/services through the Website, the user expresses their consent:
3.5.1. To post information about their personal data in the volume provided for by this Agreement, as well as our Privacy Policy.
3.5.2. To the processing of their personal data, in accordance with the purposes specified in this Agreement and/or in our Privacy Policy.
3.5.3. To the use and dissemination of their personal data, according to the terms of this Agreement and the Privacy Policy. Also, the User at the time of registration expresses their consent to the access of third parties to their personal data in the manner provided for by this Agreement and/or specified in the Privacy Policy. All personal data specified by the User is protected in accordance with the current legislation of Ukraine on the protection of personal data.
3.6. The Rightsholder has the right to suspend the User’s access to the User’s account and Website services in case of violation (non-compliance) by the User of this Agreement and/or other agreements concluded between the Rightsholder and the User.
3.7. The data entered by Users during registration is used to ensure the operation of the Website’s services and the implementation of the Website’s functions that users use (can use).
3.8. Deletion of the account is carried out in the following order:
3.8.1. The User’s account is deleted by the Rightsholder based on a request received from the User.
3.9. One User can have only one account. User identification is carried out according to registration data.
4. USE OF MATERIALS (RIGHT TO USE CONTENT)
4.1. The User has the right to use the resources of the Website in ways that are consistent with the purpose of the Website and do not violate this Agreement, as well as the current legislation of Ukraine.
4.2. Intellectual property rights to all materials and content of the Website, resources, and services, unless otherwise specified, belong to the Rightsholder. Exceptions to this rule are cases of posting through the Website materials (in particular, information messages about the sale of goods) by the User with the status of “Seller.”
4.3. Copying of Website materials without the written consent of the Rightsholder is prohibited.
4.4. Partial citation of Website materials is allowed on an irregular basis with mandatory reference to the source page of the quote (no more than 10% of the total volume of the material).
5. ROLE OF THE RIGHTSHOLDER AND PAYMENT FOR SERVICES
5.1. THE RIGHTSHOLDER IS NOT RESPONSIBLE FOR THE ACTIONS OF USERS.
5.2. The Rightsholder reserves the right to delete information that negatively affects the image of the Website and/or the Rightsholder.
5.3. The Rightsholder may block the User’s account for the following reasons:
5.3.1. Violation of the rules of this Agreement and/or other agreements concluded between the User and the Rightsholder.
5.3.2. Due to actions of the User that are considered by the Rightsholder as deception, fraud, and misleading of Users and/or the Rightsholder.
5.3.3. Sending spam and other unwanted messages to Users of the Website.
5.4. Restoration of the account is possible only in case of sending a corresponding request to the Rightsholder and the adoption of the appropriate decision by the Rightsholder.
5.5. The Rightsholder ensures the implementation of the functions of the Website and/or provides services arising from the capabilities of the Website. The Rightsholder reserves the right to restrict and/or expand the functionality of the Website, as well as to provide (and terminate) additional services through the Website.
5.6. Information about payment for services and the conditions for providing paid services through the Website is provided on the relevant page of the Website.
6. CONFIDENTIALITY OF INFORMATION
6.1. The policy on confidentiality and rules for processing Users’ personal data are defined in a separate document – the Privacy Policy, which is formatted as Appendix No. 1 to this Agreement and constitutes a part thereof. By accepting this Agreement and its Appendices, the User consents to the terms under which the Owner determines the procedure for collection, storage, and processing of personal data.
7. WEBSITE NOT INTENDED FOR PERSONS UNDER 18 YEARS OF AGE
7.1. THE WEBSITE, AS WELL AS RELATED FUNCTIONS AND SERVICES, ARE NOT INTENDED FOR INDIVIDUALS UNDER THE AGE OF 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT ATTEMPT TO REGISTER (COMPLETE FORMS AND/OR QUESTIONNAIRES) ON THE WEBSITE. USE OF THE WEBSITE BY PERSONS WHO DO NOT HAVE SUFFICIENT LEGAL CAPACITY OR WHO ARE UNDER 18 YEARS OF AGE IS PROHIBITED.
8. LIABILITY OF PARTIES AND ITS LIMITATIONS
8.1. Parties shall bear responsibility for non-performance or improper performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.
8.2. The User is responsible for the accuracy of the information provided by them to the Owner during registration, as well as for the accuracy of any information communicated to other Users of the Website.
8.3. The Owner shall not be liable for any consequences arising from interruptions in the operation of the Website and/or deficiencies in the operation of the Website caused by technical failures in equipment and/or software. At the same time, the Owner undertakes to take all reasonable measures to prevent such interruptions.
8.4. The Owner shall not be liable for any direct or indirect losses incurred by Users or third parties, as well as for lost profits that occurred as a result of the operation of the Website.
8.5. The User agrees that they bear personal responsibility (and that the Owner does not bear responsibility towards the User or any third parties) for any breach by Users of their obligations established by this Agreement, as well as for all possible consequences of such breaches (including any damages or harm that the Owner may suffer).
9. EFFECTIVE DATE OF AGREEMENT AND PROCEDURE FOR AMENDMENTS
9.1. The moment of conclusion of this Agreement is considered to be the moment when the User clicks the “leave feedback,” “order,” “submit,” “register,” “login,” “send,” “consent,” “agree,” or any other button with a corresponding purpose located on the Website and/or the moment of actual commencement of the User’s use of the Website. Such action by the User confirms the User’s consent to all terms of this Agreement and its appendices.
9.1.1. In any case, by filling out the registration form (ordering goods/services) on the Website, the User confirms acceptance of the terms of this Agreement.
9.2. The Owner has the right to unilaterally make changes to this Agreement at any time by posting its new version on the Website.
9.3. The User, in turn, undertakes to regularly review the current version of this Agreement posted on the Website, including information regarding amendments to this Agreement. Unless otherwise specified by the Owner, the new version of the Agreement and its Appendices shall become effective from the moment they are posted on the Website.
9.4. If the User disagrees with the new version of the Agreement, the User is obliged to immediately cease using the Website.
10. TERMINATION OF AGREEMENT
10.1. The User may terminate the Agreement with the Owner by using the appropriate data deletion procedure and ceasing to use the Website and any legal relations with the Owner related to the use of the Website.
10.2. Termination of the agreement by the Owner may occur in cases where: the User violates the provisions of this Agreement, the User violates the provisions of the appendices to this Agreement, the User causes damage to the Website, the Owner, or other users of the Website.
10.3. Restoration of mutual relations may occur at the decision of the Owner in case of sending a corresponding request to the Owner and after eliminating the reasons for termination of the Agreement.
11. LEGISLATION AND DISPUTE RESOLUTION PROCEDURE
11.1. The Owner’s activities are carried out in accordance with the legislation of Ukraine. All disputes related to the operation of this Agreement are resolved through negotiations. If it is impossible to resolve the dispute in this manner, it shall be further considered in the courts of Ukraine.
11.2. The recognition in court of individual provisions of this Agreement as invalid does not entail the invalidity of the Agreement as a whole.
12. APPENDICES
12.1. This Agreement includes the following appendices, which are its parts (as well as independent legal documents):
Appendix No. 1 (consent to the processing of personal data and other provisions on the processing of Users’ personal data) – Privacy Policy. By using the Website, you are obliged to familiarize yourself and agree to all the terms of our Privacy Policy, which is available on the Website.
Appendix No. 2 – “RULES OF COMMENTING AND WRITING REVIEWS.” Appendix No. 2 is attached directly to the text of this Agreement and is available for review below.
13. FEEDBACK
13.1. If you have any questions regarding this Agreement, please contact us at the email address info@shelfy.com.ua.
Appendix No. 2 “RULES OF COMMENTING AND WRITING REVIEWS”
1. Users have the option of “Leaving a Review” (or a similar option with another name). Through this option, the User has the opportunity to express their opinion on goods and/or services, information about which is provided on the Website.
2. The User undertakes to use the “Leave a Review” function or another similarly named and/or purposed function exclusively for the objective evaluation of the product position and/or relevant services.
3. When leaving reviews (comments) and/or in the process of correspondence with other Users, the User is prohibited from:
3.1. Using the review form and/or sending messages for unintended purposes (for example, for posting personal data of third parties).
3.2. Offensive behavior towards other Users, representatives of the Administration, etc.
3.3. Posting profane language.
3.4. Posting messages with the purpose of provoking a sharp and/or negative reaction from other resource participants.
3.5. Posting unauthorized advertisements, commercial messages, and/or announcements.
3.6. Posting materials and/or texts that contain signs of discrimination based on national, ethnic, racial, or religious affiliation, as well as vulgar, indecent, pornographic material, or material that incites racism, xenophobia, or conflicts between nations.
3.7. Unauthorized posting by the User of materials whose copyrights belong to third parties.
3.8. Propaganda of computer and audio-video piracy in any form, publication of links to files and/or sites that directly violate or contribute to the violation of the copyrights of third parties (torrent trackers, file-sharing services, warez sites).
3.9. Creating accounts with usernames that mimic official names (Administrator, Moderator, etc.), or similar to the username of a previously registered User.
3.10. Use of capital letters, punctuation marks, and special characters in message texts, except in cases regulated by the rules of the language used.
3.11. Publishing calls for violent change or overthrow of the constitutional order, seizure of state power; change of the state border of Ukraine; destruction of property, seizure of buildings or structures; aggression or initiation of a military conflict; other actions and publications of any messages prohibited by Ukrainian law.
3.12. The use of the Russian language in reviews is prohibited.
4. Posting messages devoid of informational content and unrelated to the purpose of our Website is not recommended.
5. By leaving a review (comment) or sending a message, the User is responsible for its content. The review must be detailed and truthful. Administration does not interfere with the content of reviews. Only in exceptional cases can the Administration delete or modify a review, especially if:
5.1. The review or comment violates the rules described in paragraph 3. of this Appendix.
5.2. The review was erroneous or was left as revenge, as indicated by the content of the review, the time of its submission, or other evidence (at the discretion of the Administration).
5.3. The review was left by a User who intentionally intended to harm the Administration and/or other individuals.
5.4. The review contains characters that make it unreadable.
