1. This HHEARTSNET.COM USER AGREEMENT is an offer by a private entrepreneur in accordance with the legislation of Ukraine Yuriy Zhidun (hereinafter referred to as the «Service Provider») to any individual, regardless of citizenship and tax residency (hereinafter referred to as the «User»), to conclude an information services agreement on the terms set out below.
2. The User is considered to have accepted this HHEARTSNET.COM USER AGREEMENT from the moment of putting a mark about the consent with its conditions at the time of registration (hereinafter referred to as the the «Moment of Entry into Force»).
3. By accepting this HHEARTSNET.COM USER AGREEMENT, the User agrees to any of its terms. The User does not have the right to offer his terms or accept only part of the terms specified in HHEARTSNET.COM USER AGREEMENT.
4. Since entry into force, this HHEARTSNET.COM USER AGREEMENT shall be deemed to be concluded as information services agreement (hereinafter referred to as the «Agreement») and shall be binding for the User and the Provider who accepted terms of the Agreement.
5. The Agreement is an adhesion contract in accordance with the legislation of Ukraine: The User has no right to offer his terms for the Agreement and can conclude it only on the terms proposed by the Service Provider in this HHEARTSNET.COM USER AGREEMENT.SUBJECT OF THE AGREEMENT
6. From the Moment of Entry into Force, the Service Provider undertakes, during the term of this Agreement, to provide the User with information services in the manner and on the terms provided by this Agreement.
7. The Provider undertakes to provide the User with information services using the web or mobile application HHEARTSNET.COM (hereinafter referred to as «HHEARTSNET.COM») to which the User can access via the Internet, using a personal computer or a mobile device (smartphone, tablet), including by installing a mobile application on a mobile device.
8. The information services that the Service Provider undertakes to provide to the User under the terms of this Agreement are to provide the User with HHEARTSNET.COM access to various information materials. Materials (articles, expert opinions, publications in the thematic blog, etc.) are about the cardiovascular human system, cardiovascular diseases and their symptoms, factors that can influence the appearance and / or development of cardiovascular diseases, methods of preventing cardiovascular diseases, behavior, which may lead to or prevent from the occurrence of cardiovascular diseases, etc. (hereinafter referred to as – «Information materials»).
9. The User accepts and agrees that the work of HHEARTSNET.COM may be suspended for the various term and for various reasons, whether dependent or not dependent on the Service Provider.
10. The Service Provider draws the User's attention that by providing the User with access to the Information materials the Service Provider does not offer medical services for the User regarding diagnosis and/or treatment of cardiovascular diseases. The Provider does not give any recommendations to the User which are to be used, without prior consultation with the User`s doctor. The Service Provider grants The User access to the Informational materials solely for his information.
11. The Service Provider draws the Users`s attention that the Information materials may not be accurate and take into account the particular health conditions of the particular User or contain information that may become obsolete over time and, accordingly, cease to be reliable.LIMITATION OF LIABILITY
12. The Service Provider shall not be liable to the User for the impossibility of providing information services in accordance with this Agreement in connection with the suspension of the work of HHEARTSNET.COM.
13. The Service Provider does not assume any liability to the User or any third parties to whom the User has transmitted the Information materials or their contents, as well as for any actions or omissions of the User or the third parties, including for any expenses incurred by the User or third parties. The Service Provider does not also assume for harm caused to the health of the User or the third parties indicated here as a result of actions taken by the User or by third parties specified here on the basis of data from the Information materials.PAYMENT OF THE AGREEMENT (PRICE OF THE AGREEMENT)
14. For the provision of information services, the User undertakes to pay the Service Provider a fee - payment for access to the Information materials through HHEARTSNET.COM within the timeframe provided by the package chosen by the User (hereinafter referred to as «Provider's Remuneration»). The amount of the Provider's Remuneration depends on the package of services chosen by the User. Description of the packages can be found here.
15. The Provider's Remuneration is paid by automatic writing off the corresponding amount of money from the User`s account, which is carried out on the day after the last day of the previous paid period. By concluding this Agreement, the User provides an unambiguous consent to the automatic write-off of funds from his account to the account of the Service Provider in the amount and terms established by this Agreement. At the same time, after the conclusion of this Agreement, the User has the right to cancel the automatic write-offs and proceed to the independent payment of the Provider's Remuneration.
16. The User can click on the following link to pay for the Provider's Remuneration.
17. In case of impossibility of Provider's Remuneration automatic write off, the Service Provider is entitled at any time to write off automatically the Provider's Remuneration in full or in part, including for all previous unpaid months. The impossibility of automatic write off might be due to the absence of necessary funds on the User's account, its blocking for any reasons, including but not limited to, closing the User`s account from which the automatic write off is performed. The Service Provider is entitled at any time to write off automatically the Provider's Remuneration after the appearance on the User`s account necessary funds, its unlocking or entering information atCOM about the new account of the User. The Service Provider is also entitled at any time to write off automatically the Provider's Remuneration after termination of circumstances that prevented the Service Provider from receiving the Provider's Remuneration by means of automatic write-off.
18. In the case of non-payment by the User of the Provider's Remuneration under the terms of this Agreement, regardless of the reasons for such non-payment, the Service Provider has the right to suspend the provision of services under this Agreement without any prior warning of the User.
19. Information services under this Agreement are deemed to be provided by the Service Provider to the User in a proper manner (in a timely manner, in full and qualitatively) during a calendar month after the expiration of such calendar month. The fact of the proper provision of information by the Service Provider to the User does not require any special registration or other written confirmation by the Service Provider and/or the User.LEGAL EFFECT OF THE AGREEMENT FOR THIRD PARTIES
20. All the provisions of this Agreement regarding the nature and significance of the information services provided by the Service Provider, as well as the limitation of the liability of the Service Provider, are applied to both the User and any third parties who carry out any acts or omissions or to third parties who carry out acts or omissions on the basis of data from the Information materials, access to which was granted to the User.INTELLECTUAL PROPERTY
21. All intellectual property rights on Information materials that are granted access to the User by the Service Provider under the provision this Agreement belong to the Service Provider or to the right holders who granted the Service Provider the right to provide the User with access to such Information materials through HHEARTSNET.COM.
22. In connection with obtaining access to Information materials through HHEARTSNET.COM, the User does not acquire any intellectual property rights to such Information materials and has no right to use them, except the right to examine Information materials. The User does not have the right to use Information materials, including but not limited to copy, use to create new intellectual property objects, translate into other languages, process, distribute to any third parties, etc., without the prior unambiguous consent of the Service Provider or appropriate right holder.PERSONAL DATA
23. If the User during the registration at HHEARTSNET.COM has provided the Service Provider with data that allows the User to be identified and, therefore, this data has the status of personal data, the User by concluding this Agreement gives the Service Provider an unambiguous consent to processing such a data. The User also provides the Service Provider with his consent to the cross-border transfer and transfer to third parties’ personal data for the purposes specified by the Service Provider, as well as to the performance of any other actions. For the performance of any other actions, the User must give the consent regarding their implementation as required by the applicable law (legislation).AMENDMENTS AND ADDENDUMS TO THE AGREEMENT
24. The Provider has the right unilaterally, without obtaining in any form consent of the User, to make any amendments and/or addendums to this Agreement.
25. Any amendments and/or addendums to this Agreement shall take effect and become mandatory for both the Service Provider and the User from the moment of posting the updated text of this Agreement considering amendments and/or addendums to HHEARTSNET.COM.
26. The User accepts and agrees that the Service Provider has the right, without any prior notification or consent in any form from the User, to transfer the rights and obligations under this Agreement, in full or in any part, to any third party.
27. The User accepts and agrees that the Service Provider is not required to notify the User of amendment or addendum to this Agreement, and that verification of amendments and/or addendums to this Agreement is the sole obligation and liability of the User.
28. The User is not relieved from the obligation to comply with this Agreement taking into account amendments and/or addendums considering the User was not informed about such amendments and/or addendums.APPLICABLE LAW
29. This Agreement is governed by the law (legislation) of Ukraine. Any relations between the Service Provider and the User related to the conclusion of this Agreement, its interpretation, execution, termination or invalidation are governed by the law (legislation) of Ukraine.FINAL AGREEMENT
30. From the Moment of Entry into Force of the new version of the Agreement, any previous agreements between the Service Provider and the User regarding the terms contained in this Agreement shall lose their force for the Service Provider and the User. From the Moment of Entry into Force, only this Agreement and the applicable law shall govern all relations between the Service Provider and the User.SEVERABILITY
31. If any provision of this Agreement is declared invalid for any reason and, consequently lose legal force for the Service Provider and/or the User, all other provisions of this Agreement shall remain valid and mandatory for the Service Provider and the User.AGREEMENT DURATION AND TERMINATION
32. This Agreement is valid and is binding for the User and the Service Provider from the Moment of Entry into Force and until the termination of this Agreement in accordance with the applicable law and this Agreement.
33. The Service Provider has the right to terminate this Agreement at any time and without any prior notice to the User. The User accepts and agrees that the Service Provider is not liable to the User related to such a termination of this Agreement.
34. The User has the right to unilaterally terminate this Agreement at any time by canceling the registration at HHEARTSNET.COM provided that there is no total debt to the Service Provider for payment of the Provider's Remuneration.