1.1. Welcome to www.simhelp.com website (hereinafter – the “Website”), managed by UAB „BAA Training“, legal entity code 300618099, address Dariaus ir Girėno g. 21, LT-02189 Vilnius, Lithuania (hereinafter – the “Owner”).
1.2. This website usage policy (hereinafter – the “Website Usage Policy”) provides the rules and requirements on a usage of the Website and also defines the contractual relationship between the User and the Owner.
1.3. This Website Usage Policy has been approved on May 25, 2018.
2.1. The terms contained in this Website Usage Policy have the following precisely defined meanings and apply to capitalized terms (except for personal pronouns that may be written in uppercase or lowercase letters) in other Website Usage Policy documents, unless specified otherwise:
“Owner” means UAB „BAA Training“, the company that manages this Website.
“Personal data” means data about the User used for your identification, for example, your name, address, e-mail address or telephone number and other similar information.
“Intellectual Property Rights” means all rights related to inventions, patents, trademarks, industrial designs, geographical indications of origin, copyrights, reputation and other intellectual property rights that already exist or will subsequently exist, all their applications and registrations, updates and extensions, under the laws of any country, territory or other jurisdiction.
“Website” means the website www.simhelp.com and all related subdomains.
“Website Services” means all services that are available on this Website (if any) and are provided by the Owner.
“User”, “you” means (1) a person using this Website on his own name, or (2) a person using this Website on behalf of the legal entity (enterprises, companies, organizations, etc.). Use of the Website means its opening, browsing, the collection of information and data from the Website, the use of the Website Services (if any), filling the forms of service orders or search (if any) and/or the use of the Website and its content in any other way.
2.2. The terms used in the Website Usage Policy are capitalized, unless certain terms are not defined in this Website Usage Policy, their meaning is defined in other documents of the Website Usage Policy or in any other requirements or guidelines provided on this Website.
3. WEBSITE USAGE POLICY AND DOCUMENTS OF THE WEBSITE
3.1. Information, obligations, requirements and guidelines contained on this Website, as well as the documents specified below, define the terms and conditions on use of the Website, under which you may use the Website, the Website Services and the services available on the Website (the list below does not mean any prioritization on any of the documents of the Website Usage Policy):
3.1.1. Website Usage Policy;
3.2. In the event of inconsistency of the information, obligations, requirements, guidelines provided on the Website with the above-mentioned documents of the Website Usage Policy, the provisions of the above-mentioned documents of Website Usage Policy shall prevail.
4. GENERAL PROVISIONS
4.1. The provisions of this Website Usage Policy apply to all documents constituting the Website Usage Policy, regardless of whether a clear reference is provided in such document of the Website Usage Policy, unless otherwise specified in the specific document of the Website Usage Policy or the Website.
4.2. References to the conditions, elements and provisions contained in this Website Usage Policy or in its specific document are the references to the terms, elements, and provisions of the particular document, unless otherwise stated. Each time words such as “included”, “inclusive” and similar are used in the Website Usage Policy, it shall be considered that they are followed by the words “without limitations”. The headings are used for convenience only and do not affect the interpretation of the Website Usage Policy.
5. CONSENT ON THE WEBSITE USAGE POLICY AND SUITABILITY
5.1. Please review the Website Usage Policy before using the Website. Everyone should properly evaluate the conditions and requirements contained in this Website Usage Policy and his/her ability to comply with them, including whether each condition and the requirement of the Website Usage Policy are appropriate to him. If at least one of these conditions or requirements is not acceptable to you, we kindly ask you not to use the Website or Website Services.
5.2. Any use of the Website, including browsing the Website, collection of data and information from the Website, is equivalent to the consent with all provisions of the Website Usage Policy. If you do not agree to any (at least one) conditions and requirements of the Website Usage Policy, you must immediately cease to use the Website and/or the Website Services.
5.3. No User may derogate from and otherwise violate the Website Usage Policy in whole or in part, on the basis of a contract, unilateral document or otherwise, except as expressly permitted to depart from certain provisions of the Website Usage Policy.
6. RELATIONSHIP WITH THE OWNER/NO WARRANTIES
6.1. The Owner maintains, processes, managers the Website, provides the Users with all necessary infrastructure for the use of the Website, however, the Website and the Website Services are provided on the “as is” and “as available” basis. No express warranties or implied warranties of any kind shall be granted in respect of the Website, its content and the Website Services, unless the mandatory legal requirements applied to the Owner and you provide otherwise.
6.2. You acknowledge and agree that you use the Website, all its content, as well as the available Website Services under your own responsibility.
6.3. This Website Usage Policy or subsequent use of the Website does not give the reason to believe that there is any relationship or cooperation agreement between the User and the Owner, unless otherwise agreed.
6.4. Filling of forms of the services order or search provided on the Website is of purely informative nature and does not mean the ordering and/or consent to the execution of such services order and does not create an agreement between the User and the Owner. The Owner undertakes to use its best efforts to respond to this order within a reasonable time, however, the Owner is not obliged to answer. In addition, the Owner reserves the right not to respond to any User’s order, unless it is contrary to applicable legal requirements. Further relations between the User and the Owner on any terms of service may be discussed in a separate agreement.
6.5. The Website may contain links to third-parties websites. In this case, the Owner is not responsible for any information posted on such websites, as well as for any services provided by third parties through these websites.
7. ACTIVITIES PROHIBITED ON THE WEBSITE
7.1. You are prohibited from and you agree not to perform the following actions on the Website or (and) using the Website Services:
7.1.1. provide misleading, incorrect or inaccurate information about yourself or service orders;
7.1.2. use the Website in such a way that it may harm any person, his property or legitimate interests;
7.1.3. carry out any actions which, in the opinion of the Owner, overload or may overload the infrastructure of the Website;
7.1.4. attempt to change, modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by the Owner on this Website or on the Website Services;
7.1.5. use the software in any of the following ways:
126.96.36.199. in some way damage and disable the Website or any software, firmware, hardware, computer systems or networks;
188.8.131.52. infect by viruses or worms that could in any way damage or affect the Website and/or operation of the Website or any software, firmware, hardware, computer systems or networks;
184.108.40.206. use any software that allows you or any person to access the Website and to damage or affect the Website or any other web page, software or hardware, as well as to transmit information (for example, traps, access codes, trap door devices, or tracking programs, spyware, etc.); or
220.127.116.11. use software that has any other malicious procedure or mechanism to stop the operation of the Website and/or any software, firmware, hardware, computer systems or networks, or otherwise interfere with the Website content, software operation, applications, equipment or communications or otherwise interfere with the functioning of the Website, the Owner, the User, or any other third party;
7.1.6. spamming, unwanted or mass emailing, chained emails, pyramidal schemes, or any other content that is generally unwanted by consumers;
7.1.7. use of any software or other automated means accessing and collecting information on the Website without written consent of the Owner;
7.1.8. repeat any action from which the Owner requests to abstain, irrespective of whether such action is expressly prohibited in the Website Usage Policy;
7.1.9. pretend or provide false information about your relationship with any person or company;
7.1.10. copy, modify or distribute the contents of the Website without prior written consent of the Owner;
7.1.11. provide any information on behalf of the Owner or third parties without prior approval of the respective person;
7.1.12. violate other terms of the Website Usage Policy and/or applicable laws.
7.2. Without limiting other remedies, you agree that the violation of any of the rules specified above or in any other provision of the Website Usage Policy entitles the Owner to issue the warnings, perform limitations of your actions, to limit, suspend, or terminate the services (including the Website Services), restrict or to deny access or your activity on the Website and/or to take certain technical and legal steps at any time to stop your visit on the Website.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The Owner or, if expressly specified, third parties, retain the Intellectual Property Rights of the Website and its content in accordance with the law applicable to the Website Usage Policy. All rights are reserved worldwide. It is forbidden to change, copy, reproduce, distribute, publish, disseminate, transmit, sell, create derivative works of or otherwise use or distribute the Website, the content of the Website, including text, graphics, code and/or software, or other content, unless the Owner provides a written permission for such action or if such action is expressly permitted under the Website Usage Policy in certain circumstances. However, you are allowed to print and/or download individual pages of the Website solely for your personal non-commercial use, provided that you do not change or reproduce any copyrights or proprietary notices.
8.2. You acknowledge and agree that the Owner holds all the Intellectual Property Rights of the Website and You may not obtain Intellectual Property Rights to the Website, unless otherwise stated in the Website Usage Policy.
8.3. All trademarks and service marks used on the Website are the property of the Owner or the Owner lawfully uses them. The Website Usage Policy does not allow the use of these trademarks and/or service marks.
8.4. The content of the Website may be quoted, provided that you have received the prior written consent of the Owner and the content source is duly indicated.
9. AMENDMENTS OF THE WEBSITE USAGE POLICY AND THE WEBSITE SERVICES
9.1. The Owner reserves the right to revise (i.e. modify, edit, add, cancel, withdraw) the Website Usage Policy or any other related information at its own discretion and without prior warning to the User, but the Owner undertakes to notify about the amendments to the Website Usage Policy on the Website. The amended Website Usage Policy, or any part thereof, is deemed to be valid from the moment the notice is posted on the Website, unless otherwise stated in these amendments. The Owner is not liable for any damages or negative consequences incurred by the User or a third party due to a lack of knowledge of the amendments to the Website Usage Policy. Therefore, we encourage you to check for any amendments to the Website Usage Policy periodically. If, after any amendment of the Website Usage Policy you do not agree with them, you are entitled to request the termination of the usage of the Website.
9.2. The reference to the Website Usage Policy or any other related document is always a reference to the valid Website Usage Policy unless clearly indicated otherwise.
9.3. The Owner reserves the right to change, modify, add, remove, cancel, withdraw, annul or terminate any portion of the Website and (or) the Website Services without any prior notice at its own discretion.
10. NOTIFICATIONS AND COMMUNICATION
10.1. Unless you otherwise specify in writing or otherwise specified in a particular document of the Website Usage Policy, communication is done by email. You agree to receive information from us electronically and you agree that these e-mails are safe and comply with any legal requirements of written communication. It is considered that the User received a notice when the Owner sends the message to the email address specified by the User on the Website.
10.2. All notices to the Owner, which have a legal effect on this Website Usage Policy, must be submitted in writing and delivered in person or through the means by which you can determine the fact of receipt, at the following e-email address: [email protected]; at the address: Dariaus ir Gireno g. 21, LT-02189 Vilnius, Lithuania. Such notices shall be deemed received when handing them to the Owner.
11.1. If you violate the obligations specified in the Website Usage Policy or in any of its documents, you undertake to indemnify the Owner, or any other third party, for any losses, damages and costs incurred. The indemnity does not exempt you from fulfilment of the obligations undertaken by the Website Usage Policy or other document of the Website Usage Policy.
11.2. In no event shall the Owner be liable to you or to a third party in accordance with the Website Usage Policy or any other document thereto in any form of liability for:
11.2.1. any possible indirect or incidental damage;
11.2.2. income, business opportunities, reputation, company assets, profits (direct and indirect) loss, that may be incurred.
11.3. Unless compulsory law provides otherwise, some or all of the exceptions or limitations indicated in Chapter 11 may not apply.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT
12.1. If the binding applicable legal norms in force in the Republic of Lithuania and the European Union do not provide otherwise, the Website Usage Policy and the relations arising therefrom (including cases related to its creation, validity and cancellation, execution, termination and revocation) is regulated and interpreted in accordance with the laws of the Republic of Lithuania.
12.2. Any and all disputes, ambiguities and claims arising from the Website Usage Policy, its violations, termination, withdrawal of validity shall be settled in the courts of the Republic of Lithuania at the Owner’s registration address in accordance with the laws in force in the Republic of Lithuania.
13. OTHER PROVISIONS
13.1. The Owner does not guarantee the completeness, accuracy or relevance of information provided on the Website, except the accuracy, completeness or relevance of this information to the extent required by the laws of the Republic of Lithuania. The content on this Website is only of general nature and should not be used as the sole basis for decision making, without first obtaining more accurate, fuller, and more relevant information. Any confidence in the information provided on the Website is at your own risk.
13.2. You acknowledge and agree to store the relevant information, be careful and not rely in any way on the continued and smooth operation of the Website Services.
13.3. If any provision of the Website Usage Policy is contrary to the requirements of the laws or upon their amendment becomes contrary, or is invalid for any other reason, it may not affect the validity of other relevant provisions of the Website Usage Policy. In such a case, the Owner will immediately replace the invalid provision with another, legally valid provision, which in its essence must comply with the purposes of the particular invalid clause of the Website Usage Policy.
13.4. Without prior written consent of the Owner, you are not authorized to transmit the Website Usage Policy and/or your rights and obligations arising out of or in connection with the Website Usage Policy. However, the Owner is entitled to transfer the rights and obligations under the valid Website Usage Policy without the individual consent of the User (this provision is deemed as your sufficient consent) to the company that connects with the Owner or acquires the Owner’s assets or shares. In the case of this transfer, the terms of the Website Usage Policy shall be binding on the transferee. Any other unlawful assignment is considered null and void and constitutes a violation of the Website Usage Policy.
If you wish to report a violation of the Website Usage Policy, have questions or need help regarding the Website Usage Policy, please contact the Owner using the following contacts:
E-mail address: [email protected]
Telephone number: +370 5 2525536
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