The current terms of service (in next mentions - Agreement) regulate the gulfair-labor-relations acts of using the uniform system IMPCHAIN, which can be used from world wide web, among others from the website: www.impchain.com , between the corporate entity of the private limited company LLC impchain, which was formed in Republic of India in agreement with the law of setting up companies in 2013 on the one side, and the corporate entity/individual person, who accepted the terms of a contract by absolutely and unconditionally connection to the Agreement, on the other side.
The Current terms of service and relationships between two sides are regulated by the law of Russian Federation.
Under clause 435 of the civilian code of Russian Federation the current terms of service is a put option, addressed to each entity/individual person by suggestion tomake a current treaty according the terms and conditions of this agreement.
Absolutely and unconditionally acceptance of terms of the Agreement shall be in the moment of conclusion of a treaty between an Operator and aParticipant. The moment of conclusion of a treaty is the Participant’s actions by using the information-analytical and trading-operational systemIMPCHAIN, which is located from the website: www.impchain.com, by searching through the website, by looking through the website, by registration on the website, by writing messages through the website etc. Total parts list of trading floors (located on the other domain addresses) united in the uniform system IMPCHAIN, is from the website: www.impchain.com . With regard to the order and circumstances of conclusion of the Agreement, its discharge, it administers laws of Russian legislation, civilian code, which regulates the order and circumstances of conclusion of the agreement’s connection, also (clause 428 civilian code of RF), way of put option and acceptance (clause 435-444 civilian code of RF).
2.1 According to the current Agreement the Operator renders a complex of services to the Participant in taking part in a datebase program, Procedures, Bargains, using extra internaland external services of Operator on a refundable assistance, and also communicate with System’s Participant and Partners about service payment by Partners.
2.2 Operator’s complex of services include:
2.2.1 Hosting service in datebase program information from System’s Participant
2.2.2. Access to information from other System’s Participant in the datebase program of the System
2.2.3 Ability to work of System’s Participant in personal account, on trading floor, including organize a Procedure or take part in Procedures, organized by other System’s Participant, according to the chosen Participant of Rate System, and also in all other parts of the System, according to to Instructions and System Regulation.
2.2.4. Rendering an extra personal account to System’s Participantfor convenience in operation for System’s Participant in the System.
2.2.5. Ability of System’s Participant to work in all other parts of the System, which appeared after signing of the current Agreement, and also for the work, which was paid timely.
2.2.6. Remote consultations and support of System’s Participant.
2.3. Operator also renders extra internalan external service to System’s Participant for extra payment.
2.3.1. Operator renders service, provided extra internalservices, according to the conditions of these services, to System’s Participant.
2.3.2. Partners form the list and the conditionals of services themselves.
3. RIGHTS OF THE PARTIES:
3.1. Operator can:
3.1.1. Check the information of System’s Participant.
3.1.2. Make anenumeration of money from payment bill as a pay for chosen Rate, internaland external services, Partner’s services.
3.1.3. Display information about money on the payment bill of System’s Participant.
3.1.4. Represent information about money on the bill and status of the account of Participant.
3.1.5. Hook Participant up to extra services.
3.2 Datebase program rights belong to the System Operator only.
3.3. Operator can change the price unilaterally.
3.4. System’s Participant can:
3.4.1. Publicsself-concept information as seller, customer or about services in the datebase program.
3.4.2. System’s Participant can organizes and hold tenders, which organized by other System’s Participants, depends on chosen rate.
3.4.3. System’s Participant can takes part in tenders, which organized by other System’s Participants, depends on chosen rate.
3.4.4. System’s Participantcan changes information about rendered or received services.
3.4.5. Participant can refuses from hooking up to extra services.
4. DUTIES OF PARTIES
4.1 Operator is obliged:
4.1.1. Connect System’s Participant to the parts of the System and other extra internaland external services, according to chosen rate and conditions of rendering such services.
4.1.2. Provide to System’s Participant access to a personal account and datebase programs of Operator, and also ability to publics self-concept information as seller, customer or about services in the datebase program.
4.1.3. Give an access to organizes and hold tenders, which organized by other System’s Participants, takes part in tenders, which organized by other System’s Participants, takes part in Procedures, which organized by other System’s Participants depends on chosen rate.
4.1.4.Give to System’s Participants an access to the all parts of the System, which appeared after signing of the current Agreement, and also for the work, which was paid timely.
4.1.5. Give an extra personal account to System’s Participantfor convenience in operation for System’s Participant in the System, according to the application by letter, which must be written on a special form.
4.1.6. Give remote consultations and support to System’s Participant in publication of information in the datebase program of the System on the Uniform Referential Service and online support servise on the website: www.impchain.com.
4.1.7. Make an enumeration of money from payment bill, according to the System’s Participant from Participant’s bill.
4.2. Participant is obliged:
4.2.1. Fill out the requisition to be registered in the datebaseprograme on the website: www.impchain.com.
4.2.2. Work in the System, according to the instructions and Regulation. Do all requirements and procedures from instruction, working in the System on the website: www.impchain.com.
4.2.3. Update information about rendered or received services timely.
4.2.4. Send word to the Operator about changes in published props, during 5 calendar days from the moment of change.
4.2.6. Pay for the Partners’ services timely, according to the conditionals of services, which Partners form themselves.
5. PROCEDURE OF PAYMENT
5.1 Cost of Operator’s complex of services defines by current Operator’s Rates. Participant choose a rate by acceptance of put option bill. To change it anParticipant gives an application to Operator.
5.2 Partner form the cost, which represented on the website: www.impchain.com.themselves.
5.3. System’sParticipant pay for the operator’s services by replenishing the bill and debiting money from the bill to pay for the chosen Rate, payment of extra internal and external services or payment of Partners' services. Payment may also be made according to the Operator’s Bonus System.
5.4 To add funs, System’s Participant get bill for the payment of services in personal account, formed by the System.
5.5. All money, comes on the bill, also money with incorrect payment reference, stay on the bill.
5.6. System’s Participant can get free money by an application, sets up by Operator.
5.7. System’s Participant can work in the Private part of the System after payment for services by System’s Participant, according the rate’s conditionals and conditional of rendering of services.
5.8. System’s Participant is accountable of actual information in personal account.
5.9. Participant is accountable of having rights to dispose of money on Participant’s bill.
5.10. The Parties of the current Agreement arranged to realize document circulation, under clause 169 of Tax Code of RF in electronic form with electronic signature, and accept the legal force of all electronic documents.
5.11. When the implementing of electronic document circulation will be, the Parties of the current Agreement are obliged to apply the forms, formats and procedures, established by current legislation and acts of the competent authorities, andabide by regulations of the System.
5.12. The order of providing the services and bills of parcels:
5.12.1. Operator provides act of providing the services and bills of parcels for connection to the System during 5 working days from the moment of services’ realization.
5.12.2. Operator provides act of providing the services and bills of parcels for user's service on quarterly bases during 5 working days from the moment of services’ realization. The moment of services’ realizationfor user's service is the last day of paid quarter.
5.12.3. System’s Participant must adopt Operator’s rendered of services according to the current Agreement by sign the act about rendering of services during 5 working days from the moment of getting it, or refuse, if conditional incorrect. Act considerate to be sign, if there is not motivating refusal.
6. LIABILITY OF THE PARTIES:
6.1. In case of nonfulfillment of current Agreement, parties are accountableaccording to the current legislation of RF.
6.2. System’s Participant isaccountable of true information about rendered or received services.
6.3. Operator is not accountable of damage, loss and other lesions of System’s Participant because of inadequate hardware and technical complex required working in the System, such as:
6.3.1. Absence of computer technic with the necessary set of hardware abilities satisfied the requirements for working in the System in the website: www.impchain.com.
6.3.2. Availability of hardware and technical restrictions and settings, that were contained in the computer equipment of the System’s Participant, which did not allow the System’s Participant to make a full work in the System.
6.3.3.System’s Participant’s inability to work in the System due to infection of computer technic with viruses.
6.3.4. Weakness in the work of network systems and restrictions, which imposed by department of the automated system of control at the enterprise of the System’s Participant, alsobad work of the hardware complex of the department of the automated system of control at the enterprise of the System’s Participant, what led to unregulated and temporary disconnections of the System’s Participant from the wide world weband not allowed the System’s Participant to make a full work in the System.
6.3.5 Weakness in the work of network systems and restrictions, which imposed byprovider at the enterprise of the System’s Participant, alsobad work of the hardware complex of the department of the automated system of control at the enterprise of the System’s Participant, what led to unregulated and temporary disconnections of the System’s Participant from the wide world weband not allowed the System’s Participant to make a full work in the System.
6.4. Operator is not accountable of damage, loss and other lesions of System’s Participant because of improper compliance with the requirements regarding the work of the System’s Participant in the System and relations between the Operator and the System’s Participant, such as:
6.4.1.Stuffers’ ignorance of theSystem’s Member, System’s Instructions and System’s Regulations, nonfulfillment or improper fulfillment by the System’s Participant of all requirements and procedures, according to the Instructions and Regulations working in the System, because of which it accept by the System’s Participant of extra, unnecessary, increased and unplanned obligations to other System’s Participants and negatively affected to the commercial activity and business reputation of the System’s Participant in the System.
6.4.2. Noncompliance of the rules for keeping the login (name) and password or unauthorized by direction transferring of the System’s Participant by the employee designated, as the person responsible for the System’s Participant's work in the System, the login (name) and password for entering and working in the System to third person, who do not have the appropriate authority and qualifications for work in the System.
6.4.3. Actions in the System by the System’s Participant by third person, because of their incompetence and their ignorance of the System’s Instructions and Regulations (which is the responsibility of the System’s Participant), cause of which it accept by the System Participant of extra, unnecessary, increased and unplanned obligations to others System’s Participants.
6.4.4. Actions in the System by the System’s Participant by third personwhich entailed change of information about the System’ Participant, which negatively affected on his commercial activity and business reputation as a System’s Participant.
6.5. Operator is not accountable to the System’s Participant in case that the information, published by the System’s Participant in the datebase programbecause of the fault of the System’s Participant (stuffers of the System’s Participant's enterprise) becomes known to third persons, who used it to harm the Company of the System’s Participant.
6.6. The System is a platform for publishinginformation about user’s products. So, the System Operator is not accountable for incorrect, irrelevant or mistaken information, published by the System’s Participants, and also does not disturb copyright. Rightholders are jewelry manufacturers. Any copying of materials from the site, photos, texts, etc. must be done with the site owners’ written agreement.
7. FORCE MAJEUERE CIRCUMSTANCE
7.1. The parties are disengaged from liability for partial or full nonfulfillment of obligations,accordingthe current Agreement if this nonfulfillment was the result of force majeure circumstances, such as: flood, fire, earthquake and other natural disasters, also it includes military actions, blockade, prohibitive actions of authorities and acts of state bodies , the destruction of communications and energy supply, appeared after the conclusion of the current Agreement, which the Parties could not prevent in reasonable ways.
7.2. In the event of circumstances from the first point, each Party shall immediately notify the other Party in writing application. The notice must contains data of the circumstances, also it must contains official documents, which can prove the existence of these circumstances and, if it possible, giving an assessment of their impact on the ability of the Party to fulfill its obligations under the current Agreement.
7.3. If the Party does not send a notice nor does it untimely, it is obliged to compensate the losses incurred of the other Party.
7.4. If the circumstances and their consequences in this point continued during more than two months, the Parties must make additional negotiations to identify acceptable and alternative ways of implementing the current Agreement.
8.1 EachParties, under the current Agreement, are obliged to save strict confidentiality of the receipt from the other Party of technological, financial, commercial and other information received or became known to them during the execution of the current Agreement, and will take all possible measures to protect the received confidential information from disclosure.
8.2. The communication of confidential information to third persons, publication or other disclosure of such information, including after three years after the current Agreement stop, may be materialize only with the agreement of the other Party, independently of the reasons for the agreementof the current Agreement.
8.2.1. Operator can communicate the information from the System’s Participant and not confidential to Operator’s partners (also who has a special agreement) and third persons.
8.3. In case that one of the Parties is disclosed confidential information to third partiesand information, which relate to the commercial classified information of the contractor, the guilty Party is obliged to compensate the other Party for the losses incurred.
8.4. Information, which is published in the System by the System’s Participant, the right of access to which is available to an unlimited number of persons, is not a confidential information. System’s Participant is responsible for the content of such information in the System, including third persons.
9. DURATION OF AGREEMENT
9.1. The current Agreement commencesupon its acceptance (agreement with its terms) by the System’s Member. The agreement of the System’s Member without any modification or deletion to the terms of the current Agreement, changes and additions to it is expressed by putting a mark in the field "I accept the terms of this User Agreement", located in the interface of the System. This current Agreement is runs from the date of its commencing for an indefinite period.
9.2. If there is a previously concluded agreement between the System’s Operator and the Participant, this agreement becomes an integral part of this User Agreement, before the expiration of its validity.
10. SETTLEMENT OF ARGUMENTS
10.1. To settle argues under this current Agreement, uses a mandatory claim order with a response time for a claim of 10 (ten) working days from the date of its receipt. In case of failure to reach agreement, such argues must be considered by the arbitration court of the Sverdlovsk region (or the Verkh-Isetsky district court of Yekaterinburg, or the lay magistrate of court side N 8 of the Verkh-Isetsky district of Yekaterinburg) in accordance with the procedural legislation of the Russian Federation.
10.2. Claims connected to the necessityof payment for the Operator’s services by Participant, are lodged by the Operator by publishing them in the Member’s Personal Account.
11. CANCELLATION TERMS AND PROCEDURE FOR DISSOLUTION OF THE CURRENT AGREEMENT
11.1. The operator canchange, including the terms of this Agreement, Rates, unilaterally. Such changes become obliged to the parties of the Agreement from the moment they are published on the website www.impchain.comor in the Personal Account of the System’s Member.
11.2. The Operator can unilaterally terminate the Agreement because of System’s Participant’sviolation by of the points of the Agreement that are not about the non-payment by the Participant of the System of bills, exactly the points about Instructions and Regulations, working in the System and published on the websitewww.impchain.com .
11.3. The parties can unilaterally terminate the Agreementextra-judicial procedure by writing application during 5 (five) working days befor to the date of termination of the Agreement.
11.4. The Participant can terminate certain annexes to the current Agreement and refuse the chosenRate without exchange it with another Rate, by sending a special application to the Operator.
11.5. The Operator stopprovidingservices according to the current Agreement after termination by the Parties.
12. OTHER TERMS AND CONDITIONS
12.1. From1.02.2017 the operator does not stamp the agreements basic accounting documents. Base: Federal Statue of 06.04.2015 N 82-FS “About changes in separate Legislative Acts of the Russian Federation in the part of abolition of stamps on business company”, Federal Statue of 26.12.1995 N 208-FS “On incorporated society”, Federal Statue of 12/06/2011 N 402-FS "On Accounting".