This user agreement (hereinafter, the Agreement) is a public offer in accordance with article 437 of the Civil Code of the Russian Federation and contains terms and conditions for the provision and use by users of the materials and services of ACRA’s website https://www.acra-ratings.ru/ (hereinafter, the Site). The term “Site” refers to the official website of the Analytical Credit Rating Agency JSC (hereinafter, the “Site Owner”), which is an integrated set of pages located on the internet at a unique URL address: www.acra-ratings.ru. The Site is an integrated software and hardware technological system of the Site Owner, which contains information available to an indefinite number of persons. The Site allows any individual who has the appropriate authority and is old enough (according to the legislation of the Russian Federation) to accept the Agreement (hereinafter, the User) to access the Site’s information from any place and at any time via computer and/or other devices, including wireless or portable device (PDAs, mobile phones, etc.) and using any technology, standards, and protocols (web, wap, IP TV, etc.).
1. General terms and conditions
1.1. The use of the Site’s materials and services is regulated by the current legislation of the Russian Federation.
1.2. The Site Owner is the Analytical Credit Rating Agency JSC, a legal entity according to the legislation of the Russian Federation, whose main state registration number is 5157746145167. The Site Owner reserves all rights to the Site and use of the network address (domain name).
1.3. The Site Owner reserves the right to unilaterally change and/or supplement the terms and conditions of this Agreement at any time without any special notification to the User. Such changes and/or additions take effect 1 (one) calendar day after the date that the new version of the Agreement is posted on the Site. Continued use of the Site by the User after changes and/or additions are made to the Agreement means that the User accepts and agrees to these changes and/or additions. If the User does not agree with the terms of this Agreement or any changes made to it, the User must inform the Site Owner, refuse access to the Site, and stop using the Site’s materials and services.
1.4. The Agreement defines the terms and conditions of the provision and use of the Site’s materials and services.
1.5. The Agreement is a legally binding document between the User and the Site Owner, the subject of which is to provide the User with services for using the Site, its materials and services. The Agreement includes all other terms and conditions regulating the provision of certain services of the Site that are posted on the Site in the appropriate sections.
1.6. The Site Owner reserves the right to impose restrictions unilaterally and at any time on the provision of the Site’s materials and services for all or individual Users. The Site Owner reserves the right to prohibit unilaterally and at any time the User(s) from automatically accessing the materials and services available after registration on the Site, as well as from accepting any information generated automatically (except in cases stipulated in Federal Law No. 222-FZ, dated July 13, 2015, “On the Activity of Credit Rating Agencies in the Russian Federation, on Amending Article 76.1 of the Federal Law ‘On the Central Bank of the Russian Federation’ and Recognizing Null and Void Certain Provisions of Legislative Acts of the Russian Federation”).
1.7. The Site Owner reserves the right to send information messages to its Users, including advertising messages. The User agrees to receive advertising messages at the email address(s) specified in the User profile.
1.8. No part of the Agreement gives the User the right to use the Site Owner’s brand name, trademarks, domain names, or other results of the Site Owner’s intellectual activity.
1.9. The Agreement becomes valid the moment the User agrees to its terms and conditions. This is confirmed by clicking the “Register” button in the corresponding site registration window. The moment the User agrees to the terms and conditions of the Agreement using the above method, the User confirms that they have provided written consent to the terms and conditions of the Agreement. The User also confirms the right of the Site Owner to use the User’s personal data and guarantees that by giving such consent, the User acts voluntarily and in their own interests.
1.10. In order to use the Site’s materials and services, as well as to fulfill this Agreement, the User allows the Site Owner to process[1] the following personal data: last name, first name, patronymic, country of residence, city, place of work, position, phone number, email address, or other information provided and without time limit (until withdrawal). The User’s personal data is processed in accordance with the legislation of the Russian Federation.
1.11. The Site Owner is not restricted in the use of methods for processing the User’s personal data.
1.12. The current version of the Agreement must be posted on the Site.
2. Scope of the Agreement
2.1. The Agreement provides the User with access to the Site’s materials and services, which are available after registration on the Site.
3. Registration and User Status
3.1. In order to use certain materials and services or certain individual functions of services, the User must complete the registration procedure on the Site. This creates a unique account for the User.
3.2. The user must fully read this Agreement before registering on the Site. By registering on the Site, the User confirms that they are an adult and have read, accepted, and agreed to comply with the terms and conditions of the Agreement, as well as expresses full and unconditional agreement with the terms and conditions of this Agreement.
3.3. By registering on the Site, the User is considered to have joined the Agreement and accepts the terms and conditions of the Agreement in full.
3.4. User registration is free of charge and is performed on the Site.
3.5. To create a User account when registering on the Site, the User must provide the Site Owner with the necessary reliable, current, and complete information. This includes a unique username for each User (e-mail address for Site access), full name and other data. The User must also set a password for the account. The Site Owner may request additional information from the User, which the User is obligated to provide. If the User provides incorrect information, or if the Site Owner believes that the information provided by the User is incomplete and/or unreliable, the Site Owner reserves the right to block or delete the User’s account and prohibit the User from using the Site’s materials and services.
3.6. The User is responsible for the accuracy, relevance, and completeness of the information provided during registration as well as the absence of claims from third parties. The User is also responsible for the compliance of said information with the legislation of the Russian Federation. The Site Owner reserves the right at any time to require the User to confirm the data specified during registration, as well as the right to suspend access to the Site until such confirmation is received.
3.7. After providing the information specified in Clause 3.2 of the Agreement, the User may need to go through a number of authentication procedures established by the Site Owner, including:
3.7.1. Completing a captcha test;
3.7.2. Confirming registration via a message sent to the User’s email address;
3.7.3. Confirming registration via a message sent to the User’s mobile phone;
3.7.4. Other procedures.
3.8. If all registration procedures are performed correctly, a User account is created on the Site. The User may have a network address of the Site’s subdomain type.
3.9. The Site Owner takes the necessary measures to protect the User’s personal data from unauthorized access, alteration, disclosure, or destruction. The Site Owner provides access to the User’s personal data only to those employees and counterparties who need this information to support the Site’s operation and provide services to the User.
3.10. The Site Owner reserves the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation. Information provided by the User can be disclosed only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases stipulated by the legislation of the Russian Federation.
3.11. The username and password created by the User are necessary and sufficient information for the User to access the Site. The User has no right to transfer their username or password to third parties. The User is fully responsible for the safety of their username and password and chooses the method of storing them at their own discretion. The User is responsible for the reliability of the password chosen and independently ensures its confidentiality.
3.12. The User is fully responsible for complying with the current legislation of the Russian Federation when creating and operating their account.
4. User Obligations
4.1. When using the Site’s materials and services, the User must:
4.1.1. Comply with the current legislation of the Russian Federation and the Agreement;
4.1.2. Provide reliable, complete, and current data during registration and ensure that this data remains current;
4.1.3. Immediately inform the Site Owner about unauthorized access/changes to the User’s account, changes to the User’s contact information, or the unauthorized use of the User’s password and username;
4.1.4. Refrain from placing information on the Site that could violate the rights and interests of the Site Owner and/or third parties;
4.1.5. Refrain from performing actions if there are doubts about the legality of these or other actions, including when posting information or providing access.
4.2. When using the Site, the User is prohibited from:
4.2.1. Registering as a User on behalf of or in place of another person;
4.2.2. Uploading, storing, publishing, distributing, making available or otherwise using information that:
- contains obscene language, pornographic images and texts, or scenes of a sexual nature involving minors;
- contains threats or discredits, insults, defames the honor, dignity, business reputation, or violates the privacy of third parties;
- violates the rights of minors;
- promotes and/or contributes to the incitement of racial, religious, or ethnic hatred or hostility, promotes fascism or the ideology of racial superiority, or contains extremist materials;
- promotes criminal activity, contains advice or instructions for committing criminal acts or using narcotics, or promotes information about the distribution of narcotics, their manufacture or use, or that is fraudulent in nature;
- contains advertising and/or restricted information, especially state or commercial secrets;
- violates the rights and interests of citizens and legal entities or the legislation of the Russian Federation.
4.2.3. Illegally uploading, storing, publishing, distributing, providing access to, or otherwise using the intellectual property of third parties;
4.2.4. Using automated scripts to collect information on the Site or interact with the Site and/or services of the Site without the special permission of the Site Owner;
4.2.5. Illegally collecting and processing the personal data of others;
4.2.6. Posting information that, in the opinion of the Site Owner, is undesirable, does not meet the purposes of the Site, infringes on the interests of the Site Owner, other Users, or third parties, or for other reasons is not suitable to post on the Site.
4.3. The User is personally responsible for any information posted on the Site.
4.4. If the User does not agree with the Agreement or changes/updates to the Agreement, after the User has registered, the User is obligated to stop using the Site, inform the Site Owner, and, if possible, independently delete their account.
4.5. In accordance with the current legislation of the Russian Federation, the User is responsible for their own actions when creating and placing information on their account.
4.6. The Site Owner is not responsible for any User violation of the legislation of the Russian Federation and/or the Agreement.
4.7. Under no circumstances is the Site Owner responsible before the User or any third parties for any indirect, accidental, or unintentional damage. This includes profits lost in connection with the use of the Site or the Site’s materials or services that the User or other persons have accessed via the Site, in particular if the Site Owner has warned of and/or indicated the possibility of such harm.
5. Site Owner Rights
5.1. In addition to the rights specified in other clauses of the Agreement, the Site Owner reserves the right to:
5.1.1. Temporarily block all or part of the User’s access to the Site’s materials and services, as well as delete the User/User account, data, and the information uploaded by the User in violation of the terms and conditions of the Agreement and/or the legislation of the Russian Federation;
5.1.2. Use the User’s personal data according to the terms and conditions of this Agreement;
5.1.3. Change the content of the Site’s materials and services that are available to the User;
5.1.4. Moderate User messages;
5.1.5. Impose a fee for using the Site’s materials and services provided that the User is notified in advance.
6. Final provisions
6.1. The Agreement is concluded between the User and the Site Owner regarding the procedures and terms and conditions for using the Site’s materials and services that are available after registration on the Site. The Agreement supersedes any previous Agreements that may exist between the User and the Site Owner.
6.2. This Agreement is regulated by and interpreted in accordance with the legislation of the Russian Federation. Any issues not regulated by the Agreement are resolved in accordance with the legislation of the Russian Federation.
6.3. In the event of any disputes or disagreements related to the performance of this Agreement, the User and the Site Owner will make every effort to resolve them through negotiations. Disputes that cannot be settled between the User and the Site Owner will be resolved at the Site Owner’s place of business in accordance with the procedure established by the current legislation of the Russian Federation.
6.4. This Agreement becomes valid for the User as soon as the User joins the Agreement and is valid for an indefinite period.
6.5. If one or more of the terms of the Agreement are declared invalid, the remaining terms of the Agreement will remain valid and applicable.
[1] Any action or set of actions (operations) with personal data performed with or without automated tools including collection, recording, systematization, automated processing, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access, cross-border transfer), depersonalization, blocking, deleting, or destroying.