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USER AGREEMENT

Before using the AliRadar Web Service, one must read closely this user agreement (hereinafter referred to as the “Agreement”) which determines the rights and obligations of the Holder and the User when using the AliRadar Web Service, as well as the relevant documents constituting an integral part hereof (privacy policy, etc.) The Agreement may be amended by the Holder without any special notice, and the new version of the Agreement shall enter into force upon its posting on the Internet, unless otherwise provided for by the new version of the Agreement. The current version of the Agreement is always on the page at https://aliradar.com/en/license.html.

This Agreement is addressed to an indefinite number of legally capable individuals and is a public offer, the full and unconditional acceptance of the conditions of which shall be deemed to be the implementation of the relevant implicative actions, namely, registration in the Web Service and/or the start of using the Web Service and/or its individual features. The User shall be considered to have accepted the terms of the Agreement in full, without any reservations or exceptions. The User shall not be entitled to use the Service in case of disagreement with any of the provisions hereof, and is obliged to immediately stop such use.

TERMS AND DEFINITIONS

  • 1.1. AliRadar Web Service (hereinafter - the Web Service) is an Internet web service in the form of a hardware and software system available in the Extension for Google Chrome, Yandex browser and Opera and in Mobile applications allowing the User to use the system of features of the Web Service available due to the information on goods and sellers received by the Web Service in the online markets Aliexpress, Gearbest and Joom. For example, the following options may be available to the User: to get acquainted with the history of the Goods price movements (price dynamics), to evaluate the reliability of the Goods sellers (seller rating), to receive notifications of the cost decrease for the Goods selected by the user, to find similar products, to study reviews of the Goods from third parties, as well as use other available features of the Web Service.
  • 1.2. The Holder - ECOMWEBTECH LLC - is a legal entity incorporated and existing in accordance with the laws of the Republic of Belarus which is the legal licensor of the Web Service and provides the Users with information technology services in accordance with this Agreement.
  • 1.3. The User is a legally capable individual, an Internet user who has accepted the Agreement and uses the Web Service by applying the Device.
  • 1.4. The Device is any technical device (personal computer, including, but not limited to, a desktop computer, laptop, netbook, desktop; smartphone, tablet computer or server equipment of the User) that allows the User to use the Web Service.
  • 1.5. Browser Extension (the Extension) is a computer program available to the User for installation on the Device at https://goo.gl/akK7T1.
  • 1.6. Mobile Application is a software available for download from the Internet and allowing the User to use the Web Service through smartphones and tablet computers. Links to download mobile applications are available on the Web Site.
  • 1.7. The AliRadar Web Service Web Site (Website) is a set of programs for electronic computers and other information contained in an information system, access to which is provided through the information and telecommunications network Internet (hereinafter - the “Internet”) by domain names that allow identifying web sites on the Internet, and, thus, is a collection of pages united by a common theme, design, having an interconnected system of links located on the Internet at https://aliradar.com/en/
  • 1.8. The Registration is completing by the User of an electronic form located on the Web Service by specifying the required information, determining a username and password, or authorizing the User through social networks.
  • 1.9. Personal Account is a special personal separate section of the Web Service available to the User after the Registration where the information necessary for using the Web Service and generated during the use of the Web Service is available to him/her. The Personal Account allows not only to use the features of the Web Service, but also to configure its components in accordance with the User’s preferences and wishes (within the framework of a possible choice).
  • 1.10. The Goods are material objects that third parties offer the User to purchase as part of their activities in the online markets Aliexpress, Gearbest and Joom.

SCOPE. GENERAL PROVISIONS

  • 2.1. License exception
    In accordance with the terms hereof, the User shall receive non-exclusive right to use the Web Service unlimited in terms of the usage territory and time, provided in the form of software, for personal non-commercial purposes (without the right to distribute, decompile, modify, transfer to third parties). Such software is provided “as is”. The designations, logos, trademarks of the Service, trademarks and commercial designations of third parties, as well as other data, results of intellectual activity and means of individualization published and available on the Web Service, are the intellectual property of their owners and are protected by applicable law. The User is fully and solely liable for any violation of the rights and legitimate interests of any third parties.
  • 2.2. By accepting the terms hereof, the User agrees to messaging (sending to the User) to his/her e-mail address which the User independently and on his/her own initiative provides during registration, as well as sending browser and mobile push messages. The parameters for sending informational and advertising messages (including the refusal to receive such messages) can be changed by the User in the Personal Account. By accepting the terms hereof, the User confirms his/her consent to receive technical messages and advertising materials from the Web Service about the services, promotions and news of the Web Service.
  • 2.3. The Web Service undertakes not to take part in and not to have any relation to any activity if this activity is contrary to the norms of law, morality, ethics and generally accepted rules of behavior, to the extent that it is reasonably possible.

REGISTRATION AND AUTHORIZATION

  • 3.1. In order to use the Web Service or some of the individual features of the Web Service, the User does not have to pass the Registration procedure, but thanks to the Registration the User creates a Personal Account to which he/she will obtain access. During the Registration, the User shall specify an e-mail address, username and password, or perform the Registration using personal accounts of the following social networks: VKontakte, Google, Facebook.
  • 3.2. The Registration shall be considered to be completed upon filling out the electronic form and sending it to the Web Service by pressing the “Log in” button or during the initial authorization using one of the personal accounts of the social networks (Clause 3.1 hereof).
  • 3.3. By registering, the User confirms his/her full legal capacity in full accordance with the legislation of the state of which he/she is a citizen.
  • 3.4. The User shall be solely liable for the security (including resistance to guessing) of the means of access to the Personal Account selected by him/her, as well as shall independently ensure their confidentiality. The User shall neither communicate or transmit to other people the username and password from his/her Personal Account, nor save them on other computers, phones or tablets. The User shall be solely liable for all actions (as well as their consequences) within or using the Web Service under his/her username and password, including cases of voluntary transfer by the User of data for access to the User’s Personal Account to third parties under any conditions (including under contracts or agreements). All actions committed using the User’s means of access shall be considered to be the User’s actions. The Web Service shall not be liable for any negative consequences that have occurred due to such circumstances.

PROCEDURE FOR AND METHODS OF USING THE WEB SERVICE

  • 4.1. When using the Web Service, the User shall be entitled to use the Web Site, install the Extension, download and use Mobile Applications, use both the Web Service as a whole and its individual features.
  • 4.2. When using the Web Service, it is prohibited to the User to:
  • 4.2.1. Modify the software included in the Web Service, inter alia modify, decompile, disassemble, decrypt and perform other actions with the software object code.
  • 4.2.2. Use the Web Service in a manner not expressly provided for herein.
  • 4.2.3. Distribute, copy or otherwise make public the software included in the Web Service.
  • 4.2.4. Try to circumvent technical limitations in the software included in the Web Service.
  • 4.2.5. Use the Web Service upon termination hereof.
  • 4.3. Access to the Web Service is provided around the clock, except for the cases of carrying out preventive works, as well as actions or inaction of third parties. The Service shall not bear any liability for the quality of the channels of communication networks through which access to the Web Service is provided. The Web Service admits the possibility of failures in its work associated with technical malfunctions or intentional or unintentional actions of third parties. In the event of such a situation, the Web Service shall not be liable for non-performance or improper performance of its obligations in accordance with the Agreement. The Web Service reserves the right to suspend its work as a whole, as well as that of the individual feature set until the elimination of threats or errors. The Web Service shall make all reasonable efforts to resolve the technical problems that have arisen within a reasonable time period.
  • 4.4. If the User of the Web Service has violated the terms hereof, the rights of third parties or poses a threat to the operation of the Web Service, the Web Service shall be entitled to block the User’s Personal Account with its further deletion and unilaterally terminate the Agreement concluded with the User by notification via e-mail (if any) specified by the User when registering in the Web Service or during its subsequent use.
  • 4.5. The Web Service does not sell any Goods; it is a platform-virtual information platform about the Goods and sellers selling them in the online markets Aliexpress, Gearbest and Joom with the help of which the Users get the opportunity to receive additional information, including analytical one. The Service shall not be liable and does not accept claims regarding the quality of the Goods purchased by the User.

PERSONAL DATA

  • 5.1. The User agrees to the processing by the Holder of the User’s personal data specified during the Registration and/or authorization, as well as when using the Web Service, including: name, surname, e-mail address, technical data that are automatically transmitted by the Device to the Web Service through which the User uses the Web Service, including the technical features of the Device and the software used, information stored in cookies (small files with data that were sent to the Device from the web sites visited), information about the browser, date and time of access to the Web Service, IP address, name and version of the Internet browser (or other program with which the User uses the Web Service), address of the requested or visited page of the Web Site, other data which are formed and processed automatically by the software components of computers, smartphones and other interactive devices.

    The Web Service does not verify the information that the User provides about himself/herself. The Web Service does not control the User in any way. The Web Service is based on the assumption that the User provides reliable, sufficient information, and maintains it up to date. If the User has provided inaccurate or irrelevant information, the Web Service will not be able to fully guarantee the fulfillment of its obligations to the User.

    The Web Service asks to provide only the information that is needed to fulfill its obligations to the User in full and on time, as well as to predict the development of the Web Service in such a way that the Web Service becomes as comfortable and useful for the Users as possible.

    Personal information is used to ensure that:

    • The user can use the Web Service;
    • The Web Service can contact the User and report everything related to their obligations to the User;
    • The Web Service can receive the User’s questions, wishes, letters, instructions, demands - all that the User wants to report;
    • The Web Service can constantly and continuously improve the quality of service, add new services and introduce new products;
    • The Web Service or the Partner can advertise services or goods if the User did not refuse to receive such messages;
    • The Web Service can conduct research and find out how accurately its feature set and usability satisfy the needs and interests of the User, collect anonymized statistics, conduct marketing research and analytical activities.

    The Web Service stores the information about the User strictly in accordance with the requirements of the applicable law (for citizens of the Russian Federation - the Federal Law of the Russian Federation “On Personal Data”). By accepting the Agreement, the User agrees to the indefinite processing of his/her personal data. If the User withdraws his/her consent, the Agreement shall be considered to be not accepted by the User, due to which he/she loses access to the Web Service and the ability to use its feature set.

    The Web Service maintains and obliges others to maintain the confidentiality of the User’s Personal Information.

    By agreeing to the terms of the Web Service, the User expresses explicit and unambiguous consent to the collection, processing, storage and transfer of personal data to the Web Service, since such collection, processing, storage and transfer are necessary for the fulfillment by the Web Service of obligations to the User.

    The User can at any time change, update, supplement the provided personal information, in whole or in part, as well as change the privacy settings of his/her personal information using the editing function in his/her Personal Account in the Web Service (if there is a software functional feature).

    The User can at any time delete his/her Personal Information in the Personal Account or by informing the Holder thereof by contacting the Web Service support. In this case, the Web Service will not be able to fulfill its obligations to the User in full.

    The Web Service cannot control and be liable for third parties with whom the User may conclude contracts or agreements, or to which the User could provide the same personal information that he/she provided to the Web Service. Accordingly, the Web Service shall not be liable for any facts of disclosure of the personal information that occurred through no fault of the Web Service.

  • 5.2. This consent shall be valid indefinitely; the period for retaining the User’s personal data is unlimited. The User shall be entitled to withdraw his/her consent by drawing up the corresponding written document which may be sent to the Holder by registered mail with return receipt or handed over personally against signature to the Holder’s representative. In case of receipt of a written application to withdraw the consent to the personal data processing, the Holder is obliged to stop processing them.
  • 5.3. The User can control the browser settings to block or delete cookies by checking the browser settings of his/her Device. Instructions for blocking or deleting cookies can be found in the help documentation of the browsers. However, the User is aware of the possible results of such actions which are expressed in the inability to use a part or the whole feature set of the Web Service. In this case, the Holder shall not bear any liability, the User’s claims are prohibited and have no legal force.
  • 5.4. Setting AliRadar’s extension User allows its redirection via AliRadar’s extension links in AliExpress™ and Gearbest affiliate program.
  • 5.5. The User is aware and agrees that due to a failure, technical malfunctions, actions of third parties, including (but not limited to) a virus or hacker attack, the User’s data posted in the Web Service may become available to third parties. The User undertakes not to sue against the Web Service for damages (losses) arising in relation thereto.
  • 5.6. The User gives his/her consent to:

    • Storage of personal data on the of the Web Service servers (for citizens of the Russian Federation - in the territory of the Russian Federation).
    • Use of personal and statistical data to improve the Web Service and the quality of its operation for the User, demonstration of technical, information and advertising materials.
    • Sending of information and advertising messages, information about services, news of the Web Service by e-mail, as well as through browser and mobile push messages.
  • 5.7. The Web Service only processes the User’s data that are necessary for the execution hereof.

LIABILITY

  • 6.1. The Holder provides the User with the Web Service “as is”, in accordance with the principle generally accepted in international practices. This means that the Holder shall not be liable for problems arising during the installation, updating, support and operation of the Web Service (including compatibility problems with other software products (packages, drivers, etc.), inconsistency of the results of the Web Service using with the User’s expectations, etc.). The User shall understand that he/she is solely liable for possible negative consequences caused by incompatibility or conflicts of the Extension and/or the Mobile Application with other software products installed on the User’s Device.
  • 6.2. The Holder shall not be liable for the impossibility of using the Web Service for reasons depending on the User or third parties.
  • 6.3. The Holder shall not bear liability if access to the Web Service is limited due to the lack of the User’s access to the Internet.
  • 6.4. The Holder shall take all necessary technical and organizational measures to ensure information security and the normal operation of the Web Service, however, under no circumstances it shall bear liability for non-fulfillment or improper fulfillment of obligations, as well as possible damage resulting from:

    • unlawful actions of third parties aimed at violating information security or the normal functioning of the Web Service,
    • failures in the operation of the Web Service caused by errors in the code, computer viruses and other extraneous fragments of the code in the software of the Web Service,
    • absence (impossibility to establish, termination, etc.) of the Internet connections between the servers of the Web Service,
    • relevant activities carried out by state or municipal authorities,
    • establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill the obligations of the Web Service,
    • other cases related to the actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment.
  • 6.5. The Holder shall not be liable for:

    • losses caused to the User or by the User as a result of reporting by the User of inaccurate information, as well as caused by the actions (inaction) of the User in respect of himself/herself or any third parties.
    • losses incurred by the User as a result of the disclosure to third parties of information provided by the User through his/her fault.
    • disputes and disagreements arising between the User and third parties, if such disputes and disagreements are not caused by violations by the Web Service of its obligations, inter alia if such disputes are caused or arose in the course of information or communication interaction between the User and third parties.
  • 6.6. None of the Parties shall be liable for non-fulfillment or improper fulfillment of its obligations if it was caused by extraordinary and unavoidable circumstances under the specific conditions which the Parties could neither foresee nor prevent (force majeure circumstances).

    If the Holder is forced to suspend the Web Service due to force majeure, the User shall be notified of such suspension within a reasonable time period.

    If force majeure circumstances last for more than three (3) months, any Party shall be entitled to unilaterally refuse to fulfill its obligations hereunder.

  • 6.7. The Holder reserves the right to suspend the operation of the Web Service for preventive maintenance, at night time or on weekends, if possible.
  • 6.8. When using the Web Service, the User agrees not to violate the terms of the Agreement, applicable laws, interests of third parties.

    Without any consequences and liability for itself, the Holder shall be entitled to suspend the performance of any obligations or refuse to fulfill its obligations to any User, notifying the User thereof in any available and applicable way, if the User violates applicable laws, the terms hereof, other applicable documents.

  • 6.9. If the Web Service has revealed and recorded the fact of any User’s involvement in prohibited activities, the Web Service shall be entitled to immediately terminate all possible relations with such a User.

    No one has the right to use the Web Service for the purposes specified in Clause 2.3 hereof. If such facts are revealed, the violating Users shall be obliged to immediately cease such activities and completely compensate for losses caused, including profits lost due to the damage to goodwill.

    If the User is involved in or related to such types of activities, and this becomes known to the Holder, the Holder shall be entitled to completely terminate relations with such a User, regardless of whether the Web Service was used for the above purposes or not.

  • 6.10. The Web Service reserves the right to block or delete the User’s Personal Account if the User has not performed appropriate authorization within one (1) year upon the last use of the Web Service or upon the Registration (whichever comes earlier). The User will be notified of a possible deletion or blocking by any means available to the Holder.

SETTLEMENT OF DISPUTES

  • 7.1. In case of disputes or disagreements between the Parties arising from or related to this Agreement, the Parties shall take all measures to settle them through internal negotiations.
  • 7.2. If it is not possible to resolve disputes and/or disagreements arising between the Parties through negotiations, such disputes shall be resolved in the appropriate court at the location of the Holder.

FINAL PROVISIONS

  • 8.1. The Holder reserves the right to unilaterally transfer its rights and obligations hereunder to any individual or legal entity in full or in part, without obtaining the User’s consent.

    The User shall not be entitled to unilaterally transfer his/her rights and obligations to third parties without the prior written consent of the Holder.

  • 8.2. The Agreement and the relationship between the Holder and the User in relation hereto shall be governed by the current legislation of the Republic of Belarus to the extent allowed based on the national conflict rules applicable to the Parties hereto.
  • 8.3. For solving typical issues on the Web Service, there is a “Support” feature for communication with the Web Service support.

DETAILS OF THE HOLDER

  • 9.1. ECOMWEBTECH LLC
    Registration number: 193239133
    Address: Belarus, 220131, Minsk, Gamarnika str., building 30, placement 258, room 3/11.

    Version dated December 2, 2019