Welcome to Gart.
Gart (“us”, “we”, or “our”) operates https://gartsolutions.com/.
“Terms and Conditions” are a legally binding contract between you and Gart (“we”, “us”, “our”) and govern your use of the Website, all texts, information, software, graphics, other materials (all together “Content”) that we may from time to time make available to you through the Website.
Please read these Terms and Conditions carefully before browsing the Website. If you use the Website you accept to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions or any part, therefore, please do not use this Website.
We may modify, update, add or remove provisions of the Terms and Conditions from time to time. The new version of these Terms and Conditions comes into effect from the date they are placed on the Website. Your continued use of the Website following any such modification will mean that you have read and accepted the new version of these Terms and Conditions.
Availability of the Website
We will make efforts to ensure that the Website is uninterruptedly available to you. However, from time to time the Website may be completely or partially unavailable for reasons beyond our control or for planned and unplanned maintenance. You acknowledge and agree that there may be errors and bugs on the Website.
Your interaction with the Website
Using our Website you acknowledge and agree:
- Not to send us any inaccurate, incomplete, false, abusive, harmful (including malware and viruses) or otherwise objectionable information through the contact forms provided by the Website;
- Not to use our Website or any Content for any unlawful purpose;
- Not to use any device or software to crash, delay, or otherwise damage the operation of the Website;
- Not to change or delete any Content, which you have no authority to change or delete;
- Not to attempt any actions to gain unlawful or unauthorized access to the Website code, computer systems or networks connected to any server associated with the Website;
- Not to submit to us materials that are copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, unless you have a valid legal basis to do so;
- Not to publish anywhere any falsehoods or misrepresentations that could damage our business reputation;
- Not to communicate to us your personal details revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life;
- Not to publish any advertisements or solicitations of business, including but not limited to, on our behalf, unless specifically authorized by us in writing.
Intellectual Property Rights
All Content, commercial names, trademarks, logos and other materials displayed on the Website are protected by applicable copyrights, trade dress, trade secrets, trademarks, other proprietary rights and are owned by Gart or providers of such materials with their consent. All rights are reserved.
You are allowed to use our Website for your information purposes as well as to approach us with requests and other appropriate common. You are not allowed to use any copyrighted materials, trademarks, or logos displayed on the Website without our prior explicit written approval.
You acknowledge and agree that any information you provide to us via the Website, including, but not limited to your comments, feedback, ideas, inventions, automatically become our property, you automatically forfeit your rights to any intellectual property you submit to us, such information shall be deemed to be non-confidential and we shall be free to use such information at our sole discretion.
Links to third-party resources
Our Website may contain links to third-party websites and other resources provided by third parties. We are not responsible for, and have no control over, the content of such links.
Our Website may contain downloadable materials as well as links to other websites of third parties. Our Website, the Content and downloadable materials are provided on an “as is” and “as available” basis without representations and warranties of any kind, whether expressed, implied or statutory, to the fullest extent permissible pursuant to applicable law, including but not limited to, implied warranties of merchantability, title, non-infringement of third-party rights and fitness for a particular purpose.
We do not represent or warrant that the Website, the Content or downloadable materials will be secure, complete, uninterrupted or error-free, or that the Website, the Content, or downloadable materials is free of any harmful components and, therefore, will not be liable for any loss or damage caused to your equipment in connection with your use of our Website, the Content or downloadable materials or any other website linked to it.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall we be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, or any Content or downloadable material, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, loss of data, and whether caused by tort.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law. In such a case, the total liability of us to you for all losses and damages will not be greater than USD 1 (one US dollar).
To the extent permitted by applicable law, you agree to defend, indemnify and hold us harmless from and against any and all suits, actions, claims, demands, proceedings (whether judicial, regulatory, or administrative), damages, liabilities, losses and expenses relating to or arising from the Website, your use of the Website, your fraud in connection with your use of the Website, violation of any applicable law, your willful misconduct, and any breach by you of these Terms and Conditions.
Any claim relating to the Website shall be interpreted in accordance with, and governed by, the laws of Ukraine and any dispute of any sort that might arise between you and us in connection with your use of the Website shall be subject to exclusive jurisdiction of the courts of Ukraine.
Waiver and Severability
Our failure to exercise any right under these Terms and Conditions or to enforce any provisions here of shall not be deemed a waiver of any of our right and will not restrict us in any way to exercise that right later.
If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of these Terms and Conditions remain in full force and effect.
These Terms and Conditions constitute the entire agreement between you and us regarding your use of the Website.