These terms of use of the website ct.biocad.ru (hereinafter, the “Website”) constitute a legally binding User Agreement (hereinafter, the “Agreement”) between:
the Website Administrator – BIOCAD JSC (TIN (INN) 5024048000, PSRN (OGRN) 1025002867196, address: 198515, St. Petersburg, intra-city municipal territory Strelna settlement, ul. Svyazi, 38, bldg. 1, premises 89)
and the Website User. A Website User is any person – an Internet user – who actually uses the Website or any of its individual services and features in any manner.
1. General Provisions.
1.1. The use of the Website is governed by this Agreement. The current version of the Agreement is published on the Website page at https://ct.biocad.ru/user-agreement. Any development, modification or addition to the Website is subject to this Agreement. The Agreement enters into force when the User expresses consent to its terms in the manner provided for in clause 1.2 of the Agreement.
1.2. By starting to use the Website (including any of its individual services or features) or by continuing such use, the User accepts these Website Terms of Use without any reservations or exceptions and is deemed to have accepted the terms of this Agreement in full. If the User disagrees with any provision of this Agreement, including in the event of amendments to the Agreement, the User is not entitled to use the Website and must stop using the Website.
1.3. This Agreement may be amended from time to time without any special notice to the User. The new version of the Agreement, as amended, enters into force upon its publication on the Website, unless otherwise provided for by the new version of the Agreement.
1.4. Inquiries concerning the operation of the Website and its individual services and features may be sent to [email protected] or submitted via the feedback form on the Website.
2. User Data.
2.1. Certain services and features of the Website are available only subject to:
(1) the User’s consent to the processing of personal data,
(2) the User’s acceptance of the Terms of Use of the specific service
(3) and the User’s acceptance of these Website Terms of Use.
2.2. Personal data provided by the User when using the Website (including its individual Services or features) are processed in accordance with the legislation of the Russian Federation and the Personal Data Processing and Protection Policy, subject to confidentiality and with the security of personal data ensured.
2.3. The Website Administrator does not verify the accuracy of personal data provided by the User when using the Website or its individual Services or features and does not assess the User’s legal capacity. When processing the data provided, the Administrator proceeds on the assumption that the User provides accurate and sufficient personal information.
3. Access to the Website.
3.1. Use of the Website does not require prior registration or entering account credentials (login, password) into the Website’s authorization system.
3.2. Access to certain services and features of the Website may be provided subject to prior registration and authorization on the Website.
3.3. If the Website is a specialized resource for medical and pharmaceutical professionals (healthcare professionals) and contains restricted-access information, in order to enter and use the Website the User is required to confirm that the User meets the criteria specified in the pop-up notice about the Website’s target audience.
3.4. A User who has been authorized on the Website (by entering a login and password into the Website’s authorization system, by following a link received by email, as a result of automatic authorization using cookies, or otherwise) is deemed to be the proper holder of the account to which access and management rights were obtained as a result of such authorization, until the User proves otherwise.
4. Use of the Website and Its Individual Services and Features.
4.1. The Website and its individual services and features are provided “as is”, without any warranties, express or implied.
4.2. Notwithstanding any provisions to the contrary, the information and content of the Website, and the information provided through the use of individual services and features of the Website (including answers to Users’ questions):
(1) are not intended to be and may not be used as medical advice;
(2) do not constitute a medical recommendation;
(3) cannot replace a consultation with the attending physician;
(4) may not be used for self-diagnosis or self-treatment.
4.3. The Website, its individual services, features and content (information posted on the Website) must be used in accordance with the law of the Russian Federation and this Agreement.
4.4. The User undertakes to use the Website, its individual services, features and content solely for lawful, personal, non-commercial purposes in accordance with the law of the Russian Federation, this Agreement, moral principles and generally accepted values. The User may not use the Website, its individual services, features or content for purposes contrary to applicable law or in order to violate the rights of third parties.
4.5. The User is solely responsible to third parties for the User’s actions related to the use of the Website, including where such actions result in a violation of the rights or legitimate interests of third parties, as well as for compliance with the law when using the Website.
4.6. The User uses any information or materials accessed through the Website at the User’s own risk and is solely responsible for any consequences of using or not using such information or materials.
4.7. When using the Website and its individual services and features, the User may not:
4.7.1. collect personal data of other Users for the purpose of subsequent processing;
4.7.2. publicly post on the Website any text messages, graphic images or other materials of an advertising nature without prior approval from the Website Administrator;
4.7.3. disseminate information aimed at propaganda of war or incitement of national, racial or religious hatred and hostility, or any other information whose dissemination entails criminal or administrative liability;
4.7.4. disseminate (including upload, send, transmit, submit for publication or otherwise distribute) information or content that is unlawful, harmful or defamatory; that depicts (or promotes) violence and cruelty; that infringes intellectual property rights; that promotes hatred or discrimination against people on racial, ethnic, gender, religious or social grounds; that contains insults against any persons or organizations; or that constitutes copies of legally protected results of intellectual activity or parts thereof where the User does not have the right to perform such actions under the law or any contractual relationship. In particular, the User may not post:
(1) personal data of third parties;
(2) images of third parties;
(3) text messages, graphic images or other materials whose content is offensive or may be deemed offensive to other Users or other persons; that harm or may harm the honor and dignity of users or the business reputation of an organization; that contain threats or calls for violence, unlawful acts, antisocial or immoral conduct, or any other actions contrary to the foundations of law and order and morality; that contain obscene words and expressions; that constitute advertising (or promotion) of sexual services; that are pornographic in nature or contain hyperlinks to Internet websites containing such materials; that explain how to manufacture, use or otherwise employ narcotic substances or their analogues, explosives or other weapons; that contain viruses or other computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or software, or to gain unauthorized access; as well as serial numbers for commercial software products and programs for generating them, logins, passwords and other means of gaining unauthorized access to paid resources on the Internet, and links to any of the foregoing information.
4.7.5. impersonate another person or a representative of an organization and/or community without sufficient authority, or mislead other users as to the properties and characteristics of any subjects or objects;
4.7.6. take actions aimed at destabilizing the operation of the Website and its individual services and features, attempt to gain unauthorized access to the management of the Website or to sections accessible only to the Administration, or take any other actions that may be regarded as a network attack; disrupt the normal operation of the Website and its individual services and features.
5. Website Content.
5.1. All objects available through the use of the Website, including design elements, text, graphic images, illustrations, video, computer programs, databases, music, sounds and other intellectual property objects, as well as any other content posted on the Website, are objects of the Website Administrator’s rights or have been posted by the Website Administrator with the consent or on behalf of other right holders. Elements of the Website’s contents and content may be used only within the Website’s services and features. No elements of the Website’s contents or any content posted on the Website may be used in any other way without the prior permission of the right holder.
5.2. The Website may contain links to other websites on the Internet (third-party websites). The Website Administrator is not responsible for the contents and content of third-party websites accessed by the User through the Website, their availability, or the consequences of their use by the User. A link to any website, product or service, or any third-party information posted on the Website, does not constitute an endorsement or recommendation of such website, product, service or information by the Website Administrator.
5.3. The User acknowledges and agrees that the User must independently assess all risks associated with the use of the Website’s content, including assessing the reliability, completeness or usefulness of the Website’s content.
6. User Content.
6.1. The User is solely responsible for ensuring that the content posted by the User through the Website complies with applicable law, including liability to third parties where the posting of any content by the User or the content itself violates the rights and legitimate interests of third parties, including the personal non-property rights of authors and other rights of third parties, or infringes their intangible benefits.
6.2. The User acknowledges and agrees that the Website Administrator is not obliged to review content of any kind posted or distributed by the User through the Website, and that the Website Administrator may, at its own discretion, refuse to allow the User to post or distribute content or remove any content posted or distributed by the User through the Website.
6.3. The User agrees that the Website’s operating technology may require copying (reproduction) of the User’s content, as well as its processing to comply with the Website’s technical requirements, for the purpose of posting it on the Website.
7. Rights and Obligations of the Administrator.
7.1. The Website Administrator carries out the day-to-day management of the Website (and its individual services and features), determines the composition of the Website’s services, its structure and appearance, and the list of data that must be provided when using individual services and features, and exercises other rights belonging to it.
7.2. The Website Administrator may authorize other persons to manage the Website and to perform other actions related to the use of the Website.
7.3. The Website Administrator may set restrictions on the use of the Website for all Users, including the availability or unavailability of individual Website features, the maximum number of questions a User may submit within individual Services, the maximum length of a question, the maximum number of requests to the Website, and other restrictions.
7.4. The Website Administrator may prohibit automated access to the Website.
7.5. The Website Administrator may suspend the operation of the Website and its individual services and features, including for updates or technical maintenance.
7.6. Information provided by the User through the Website and transmitted via the Website is transmitted without alterations or corrections. The Website Administrator has the right (but not the obligation) to moderate messages, photographs and other materials posted by Users on the Website, where such a feature is available on the Website.
7.7. In the event that the User violates this Agreement, the Website Administrator may temporarily suspend or block indefinitely the User’s access to the Website or its individual services and features, and in the event of repeated or gross violation, may delete the User’s account or deny the User access to the Website or its individual services and features.
7.8. The Administrator undertakes to consider inquiries received from Users concerning the operation of the Website and its individual services and features, as well as concerning posted content, and, where necessary, to provide a written response.
8. Liability:
8.1. Limitation of liability. The Website Administrator is not liable:
(1) for the lawfulness and accuracy of information posted by Users on the Website or through its individual services and features.
(2) for any possible violations of third-party rights committed by Users as a result of using the Website and its individual services and features.
8.2. The Website Administrator does not guarantee that the Website or its individual services or features will always operate without interruption or error, does not guarantee that defects in the operation of the Website or its individual services or features will be corrected, and assumes no obligation to correct any inaccuracies or errors.
8.3. The Website Administrator and the Website Administrator’s management and employees are not liable for any loss or damage incurred by the User or other persons in connection with the use of the Website or its individual services or features. Any liability of the Website Administrator in connection with the use of the Website or its individual services or features is excluded.
8.4. The Website Administrator is not liable for any type of losses incurred as a result of the User’s use of the Website or its individual Services or features. In any event, the liability of the Website Administrator to the User under Article 15 of the Civil Code of the Russian Federation is limited to 3,000 (three thousand) rubles.
8.5. The Website Administrator makes no warranties, express or implied, and in particular does not warrant:
(1) that the Website meets the User’s requirements;
(2) that the Website will be provided and will operate continuously, quickly, reliably and without errors;
(3) that defects in the operation of the Website will be corrected, and assumes no obligation to correct any inaccuracies or errors;
(4) that the results that may be obtained through the use of the Website will be accurate and reliable and may be used for any purpose or in any capacity;
(5) that the quality of any product, service, information, etc. obtained through the Website will meet the User’s expectations.
8.6. The User is solely responsible:
(1) for the accuracy of the information the User provides when using the Website and its individual services and features.
(2) for any of the User’s actions when using the Website or its individual services or features.
8.7. The User undertakes to compensate the Website Administrator for losses, including legal costs, arising from the User’s failure to comply with the provisions of this Agreement or from a violation of third-party rights as a result of the User’s actions when using the Website or its individual services or features.
8.8. Inaction on the part of the Website Administrator in the event of the User’s breach of the provisions of this Agreement does not deprive the Website Administrator of the right to take appropriate action to protect its interests at a later date, nor does it constitute a waiver by the Website Administrator of its rights in the event of subsequent identical or similar breaches by the User.
9. Miscellaneous.
9.1. Governing law. This Agreement is governed by and construed in accordance with the substantive law of the Russian Federation. Matters not regulated by the Agreement, as well as any disputes that may arise from the relations governed by this Agreement, shall be resolved in accordance with the procedure established by the law of the Russian Federation.
9.2. If for any reason one or more provisions of this Agreement are held invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.