TERMS OF USE
Last modification date: April 06, 2022
DEFINITIONS
“Website” shall mean the website maintained at www.genense.com and/or all the subdomains of the website www.genense.com. The Website gives Users an opportunity to order (buy) architectural visualization and rendering services (development and creation of digital content, using specialized software, in the field of architectural design and 3D graphics).
“Administration” – the person (persons) authorised by the owner of the Website GENENSE Ltd. (167-169 Great Portland Street, London, England, W1W 5PF) to implement management of the Website.
“User” (“Users”) means a person (individual) who visits and/or uses the Website, or otherwise has an access to the functionality of the Website.
“Account” – record which contains data that User reports about himself when registering via the Website and/or ordering services.
“Registration” – the procedure of creating an account.
SUBJECT OF AGREEMENT
2.1. This Agreement (hereinafter the Agreement or the Terms of Use) is concluded between GENENSE Ltd (hereinafter the Website owner or the Administration) – company, which provides access to the Website, and a person who visits and/or uses the Website, or otherwise has an access to the functionality of the Website.
2.2. ACCORDING TO THIS AGREEMENT THE ADMINISTRATION PROVIDES THE USERS WITH THE RIGHT TO USE THE WEBSITE AND BUILT-IN FUNCTIONS IN ORDER TO PURCHASE ARCHITECTURAL VISUALIZATION AND/OR RENDERING SERVICES.
TERMS OF USE OF GENENSE.COM
3.1. BEFORE USING THE RESOURCES, THE SERVICES AND THE FUNCTIONS OF THE WEBSITE, THE USER NEEDS TO EXPRESS HIS AGREEMENT WITH THIS TERMS OF USE. THE USER HAS NO RIGHT TO USE THE WEBSITE IF HE (SHE) DOESN’T ACCEPT THE TERMS OF THIS AGREEMENT.
3.2. The User has no right to make any orders via the Website if he (she) is not under established legislation age for making (concluding) such orders of goods and/or services.
3.3. According to the rules of our PRIVACY POLICY (Annex №1) the Users are required to enter and confirm their personal data when registering via the Website and/or making orders via the Website.
3.4. The User has to fill all the data specified in our PRIVACY POLICY (Annex №1).
3.5. The User is obliged to make changes at every amendment of registered data.
3.6. The lack of data specified in paragraph 3.3 and/or our PRIVACY POLICY leads to impossibility to access to our services and/or functions of the Website.
3.7. The User at the time of registration and/or ordering goods (services) via our Website
expresses its consent:
3.7.1. to process his (her) personal data according to the purposes specified in this Agreement
and/or in the PRIVACY POLICY (Annex №1).
3.7.2. to use and distribute his (her) personal data in accordance with the terms of this
Agreement and/or the PRIVACY POLICY (Annex №1).
3.8. The Administration has the right to suspend User’s access to his account and/or functions of
the Website in case of violation of this Agreement.
3.9. Removal of an account is conducted by the Administration based on a User’s letter, sended to the email of the Administration.
3.10. The User identification is carried out on registration data in the Website owner’s database.
3.11. The User can send a request to remove his personal data from our database. Removal of
the personal data from the database is based on a letter sended to the email of the
Administration [email protected]. The Administration can reject the personal data removal
according to this Agreement and/or the PRIVACY POLICY (Annex №1).
INTELLECTUAL PROPERTY RIGHTS
4.1. Copyrights for the content and/or any materials of the Website, resources, services, unless otherwise specified, belong to the Website owner.
4.2. Copying of the content and/or any materials of the Website without written consent of the Website owner is forbidden.
4.3. Partly quoting of any 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).
4.4. All the names, titles, trademarks, symbols and slogans registered in accordance with established procedure are the property of their legitimate owners.
THE RULES FOR WRITING REVIEWS
5.1. Users have (may have) an option to «leave the review». Due to this option the User has an opportunity to express his own opinion on the services available via the Website. The User should adhere to the established rules and restrictions when writing reviews.
5.2. Ignorance of the rules, does not exempt from the observance, and in case of its violation, liability arises in accordance with this Agreement and/or the legislation in the jurisdiction of the Website owner registration.
5.3. Users are prohibited from:
5.3.1. Abusive behaviour in relation to the Administration.
5.3.2. Usage of the review form not for the intended purpose.
5.3.3. Publication of obscene utterance.
5.3.4. Publication of unauthorised advertising, commercial messages or announcements.5.3.5. 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.
5.3.6. 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).
5.3.7. Creating accounts, which usernames imitate duty names (Administrator, Moderator, etc.).
5.4. It is discouraged to publish messages (reviews), which have no informational assignment and are not relevant to our Website.
5.5. The Administration has the right to remove or modify the review of any User.
ROLE OF THE ADMINISTRATION
6.1. The role of the Administration and its authorized persons is to communicate with Users, administer the Website, and provide information support to Users in the process of ordering the services.
6.2. The Administration reserves the right to remove information which has a negative impact on the reputation of the Website and/or the Administration.
6.3. The Administration can block accounts of Users in the following cases:
6.3.1. Systematic violation of the rules of this Agreement.
6.3.2. Actions considered by the Administration as a deception, fraud and misrepresentation of the Administration.
6.3.3. Sharing of spam and other unwanted information via the Website.
6.4. Account restoration only possible in case of notification the Administration and acception appropriate decision by the Administration.
6.5. The Administration reserves the right to block accounts of the Users whose actions insult the members of the Administration.
PAYMENT FOR THE SERVICES
7.1. Users can order (buy) architectural visualization and rendering services (development and creation of digital content, using specialized software, in the field of architectural design and 3D graphics) via the Website. Users can pay for such services directly to the Website owner’s banking account or using payment systems (if such a function is implemented).
7.2. Refunds paid for ordered services are possible in the manner prescribed by the current legislation at the place of registration of the Website owner and only before Website owner and/or his contractors started the provision of the ordered services.
CONFIDENTIALITY OF INFORMATION
8.1. Our PRIVACY POLICY is described in Annex №1 of this Agreement and is an integral part of it. The User gives his consent to accept this Agreement and its Annex and agree how the Administration deals with the order of collecting, storage and processing the personal data.
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 in the jurisdiction of the Website owner registration.
9.2. The Administration is not liable for consumer properties and quality of the Website.
9.3. The Administration is not liable for the Website malfunctions, 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.
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 and/or ordering button («SUBMIT», «REGISTER», «PROCEED», «ENTER», «ORDER» or another button with the appropriate assignment) located on 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 and/or ordering form of the Website, the User automatically 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 via the Website.
10.4. In case of disagreement with the new version of the Agreement, the User must immediately stop using the Website.
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.
11.2. The termination of the Agreement on the part of the Administration may occur in the following cases:
11.2.1. Violations of the provisions of this Agreement.
11.2.2. Commission of acts that contradict our policy.
11.2.3. Blocking of the User’s account for reasons specified in paragraph 6.3.
11.3. The resumption of relations may occur upon the decision of the Administration, after elimination of the causes for termination of the Agreement.
MISCELLANEOUS
12.1. Judicially recognition of the invalidity of certain provisions of this Agreement does not entail invalidity of the Agreement as a whole.
ANNEX
This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):
13.1. ANNEX №1 – PRIVACY POLICY. Using the Website, you are required to acquaint and accept all the terms of our PRIVACY POLICY. The last version of our PRIVACY POLICY is available on the Website.
13.2. ANNEX №2 – PAYMENT POLICY. Annex №2 is an integral part of our TERMS OF USE. This Annex describes our PAYMENT POLICY and SECURITY POLICY FOR TRANSFERRING PAYMENT CARD DETAILS.
13.2.1. According to the terms of our TERMS OF USE Users can order (buy) our services via the Website. Users can pay for such services directly to the Website owner’s banking account. Users can also make appropriate payments using payment systems designated by the Administration, in particular using the payment system “FONDY” available at https://fondy.ua/. In our relations with Users, who use the payment system “FONDY” to pay for our services, we will comply with current rules of this payment system.
13.2.2. Refunds paid for ordered 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 relevant services. In order to refund payment, the User should send a request to the following email address [email protected]. Providing the User with relevant services is a confirmation of the proper fulfillment of the obligations of the Administration.
13.2.3. In relations with our consumers we are complying with the terms of consumer protection legislation applicable at the place of registration of the Website owner.
13.2.4. Security policy for transferring payment card details. Ordering our services, you, as a User, should take into account following information on transferring your payment card details. When you 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 your confidential data (card details, registration data, etc.) is not transferred to us. 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 othersecurity methods.
CONTACT INFORMATION
If you have questions regarding this Agreement, please contact us at the contact information
indicated below: 167-169 Great Portland Street, London, England, W1W 5PF
Last modification date: April 06, 2022