1 AGREEMENT, WHO WE ARE AND HOW TO CONTACT US
1.1 You agree to these terms and conditions (TERMS) by accessing any website or application (LOTUS1.ORG) operated by or on behalf of CJSC "LOTOS" or its companies, subsidiaries and/or affiliates (collectively LOTUS). If you do not agree with the TERMS, you must not use the LOTUS1.ORG. LOTUS is a company established under the laws of Russian Federation and our registered office is at Russia, Ekaterinburg, Lunacharskogo street, 240/12.
1.2 To contact us, please use the CONTACT US section on our website.
2 RUSSIAN FEDERATION
The LOTUS1.ORG is directed to people residing in the Russian Federation. We do not represent that content available on or through the LOTUS1.ORG is appropriate for use or available in other locations.
The copyright and any other intellectual property (IP) rights in the material contained in the LOTUS1.ORG belong to LOTUS or third parties, all rights reserved. Except solely for your own personal and non-commercial use and provided you keep intact all and any copyright and proprietary notices, no part of the LOTUS1.ORG may be copied, adapted, modified, distributed, transmitted, displayed, performed, reproduced or published without the prior written permission of LOTUS.
4 NO WARRANTY
4.1 Where the LOTUS1.ORG contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. LOTUS makes no representations about the suitability of the information and services contained on the LOTUS1.ORG for any purpose.
4.2 We cannot accept any liability for any reliance placed by you on any statement or representation in any LOTUS1.ORG whether made by us or a third party.
5 USER-GENERATED CONTENT
5.1 The LOTUS1.ORG may include information and materials uploaded by other users of the LOTUS1.ORG, including to bulletin boards and chat rooms etc. This information and these materials have not been verified or approved by us. The views expressed by other users on or via our LOTUS1.ORG do not represent our views or values.
5.2 If you wish to complain about information and materials uploaded by other users please contact us via the CONTACT US section on our website.
6 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 LOTUS shall use reasonable care and skill in carrying out the services contained in the LOTUS1.ORG. The LOTUS1.ORG is provided for general information purposes only. Some information contained in the LOTUS1.ORG contains projections, predictions or look-forward statements relating to our future performance or the occurrence of future events. Please be aware that these statements are only predictions and the actuality of these statements may be materially different. As such you should place no reliance on these statements and you release us from any liability arising from your reliance on said statements or events.
6.2 Except in relation to liability which cannot be limited under Russian Federation law, LOTUS will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the LOTUS1.ORG) for any actions by us or anyone who works for us. The liability of LOTUS for any loss arising out of the use of the LOTUS1.ORG shall be limited to RUB 1000 for any one event or series of related events.
6.3 Save as aforesaid and to the extent permitted by Russian Federation law, LOTUS shall not be liable for (whether direct or indirect) any loss of profit, loss of opportunity, loss of business, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of any information and services on the LOTUS1.ORG or otherwise arising out of the use of the LOTUS1.ORG and all warranties, terms and conditions with regard to such information and services, whether express or implied arising under law or otherwise are hereby excluded. LOTUS cannot be responsible for the security or privacy of the LOTUS1.ORG and any information provided to the LOTUS1.ORG by you.
6.4 You must bear the risk associated with the use of the LOTUS1.ORG. LOTUS will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the LOTUS1.ORG.
6.5 You agree to indemnify and hold harmless and defend LOTUS as well as its officers, directors and employees from any claim, demand, cause of action, debt, loss, liability and lawyers' fees to the extent such action relates to the TERMS.
7 UPLOADING CONTENT TO THE LOTUS1.ORG
7.1 Any content you upload to the LOTUS1.ORG will be considered non-confidential and non-proprietary. You grant us all of your ownership rights in your content, including (but not limited to) the right to use, store and copy that content, to publish it in a form we deem fit and to publish any personal details provided in conjunction with the content and to distribute and make it available to third parties at our discretion.
7.2 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their IP rights, or of their right to privacy or is in violation of the laws of the Russian Federation.
7.3 We have the right to remove any contribution you make at our discretion. You are solely responsible for securing and backing up your content.
8 GENERAL PROHIBITION UNDER RUSSIAN FEDERATION LAW
8.1 Misuse of the LOTUS1.ORG will be treated seriously and dealt with in accordance with Russian Federation law. In particular, viewing, accessing, transmitting, posting, downloading or uploading any of the following materials, is likely to amount to a crime (this list is not exhaustive):
8.1.1 material which is discriminatory and/or offensive;
8.1.2 obscene, derogatory or criminal material or material which is liable to cause embarrassment to LOTUS and any of its staff or its customers or suppliers or bring the reputation of LOTUS and any of its staff or its customers or suppliers into disrepute;
8.1.3 any defamatory material about any person or organisation or material which includes statements which are untrue or of a deceptive nature;
8.1.4 any material which, by intent or otherwise, harasses, harms, degrades, dishonours, discredits or intimidates the recipient on the basis of (without limitation) religion, gender, race, ethnicity, age, or disability;
8.1.5 any other statement which is designed to cause annoyance, inconvenience or anxiety to anyone;
8.1.6 any material which violates the privacy of others or unfairly criticises or misrepresents others;
8.1.7 confidential information about LOTUS and any of its staff, customers or suppliers;
8.1.8 any other statement which is likely to create any liability (whether criminal or civil);
8.1.9 material in breach of copyright and/or other IP rights or if it violates the privacy of others or criticises or misrepresents others;
8.1.10 online gambling or games of chance; or
8.1.11 unsolicited commercial or advertising material, chain letters or other junk materials of any kind.
8.2 You must not:
8.2.1 seek to gain access to restricted areas of any network;
8.2.2 attempt to compromise the integrity of the LOTUS1.ORG content or information without proper authorization;
8.2.3 perform actions that may deny others access to our LOTUS1.ORG, or may otherwise negatively affect LOTUS1.ORG’s availability;
8.2.4 access or try to access data which you know or ought to know is confidential;
8.2.5 intentionally or recklessly introduce any form of spyware, computer virus or other potentially malicious software; nor
8.2.6 carry out any electronic hacking activities.
8.3 For your information, breach of items 8.1 to 8.2 (inclusive) above, would not only contravene the TERMS but could in some circumstances also amount to a criminal offence under the laws of the Russian Federation. If LOTUS has evidence of examples of misuse of the LOTUS1.ORG it reserves the right to inform and cooperate with the relevant law enforcement authorities, or to carry out a more detailed investigation in accordance with its procedures.
9 OTHER REQUIREMENTS
9.1 The ways in which you can use the LOTUS1.ORG may also be controlled by third party rules and policies (e.g. Apple Inc. or Alphabet Corporation). Use of the LOTUS1.ORG may require a device with a sufficient amount of memory and a compatible operating system.
9.2 You may:
9.2.1 download or stream a copy of the LOTUS application for personal or business purposes only; and
9.2.2 receive and use any free supplementary software code or update of the application incorporating "patches" and corrections of errors as we may provide to you.
9.3 You must be aged 18 or over to use the LOTUS1.ORG. By using the LOTUS1.ORG, you confirm that you are over the age of 18.
9.4 From time to time we may automatically update the LOTUS1.ORG to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the LOTUS1.ORG.
9.5 If you use the LOTUS1.ORG on any device or computer not owned by you, you must have the owner's permission to do so. You will be responsible for complying with the TERMS, whether or not you own the device or computer.
9.6 By using the LOTUS1.ORG, you agree to us collecting and using technical information about the devices you use the LOTUS1.ORG on and related software, hardware and peripherals to improve our products and to provide any services to you.
9.7 Certain services will make use of location data sent from your devices. If you use these services, you consent to us transmitting, collecting, retaining, maintaining, processing and using your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.
10 WE MAY END YOUR RIGHTS TO USE THE LOTUS1.ORG IF YOU BREAK THESE TERMS
10.1 We may end your rights to use the LOTUS1.ORG at any time in our discretion.
10.2 If we end your rights to use the LOTUS1.ORG:
10.2.1 you must stop all activities authorised by these terms, including your use of the LOTUS1.ORG. You must delete or remove the LOTUS1.ORG from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
10.2.2 we may implement measures to restrict or limit your ability to access or use the LOTUS1.ORG or any of its components.
11.1 We may transfer our rights and obligations under the TERMS to another organisation.
11.2 You may not transfer your rights or your obligations under the TERMS to another person if we agree in writing.
11.3 This agreement does not give rise to any rights to any third parties.
11.4 Each of the paragraphs of the TERMS operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the TERMS, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12 RULES ABOUT LINKING TO OUR LOTUS1.ORG
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation or have a detrimental effect on the performance or functioning of the LOTUS1.ORG.
12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.3 Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
12.4 We reserve the right to withdraw linking permission without notice.
12.5 If you wish to link to or make any use of content on our website other than that set out above, please contact us via the CONTACT US section on our website.
13 WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer or a business, please note that the TERMS, their subject matter and their formation, are governed by the laws of Ekaterinburg and the federal laws of the Russian Federation. Courts of Ekaterinburg will have exclusive jurisdiction.
Last updated: 18 NOVEMBER 2019