Tender

 

    User agreement.

 

This User Agreement (following UA) is the official and public contract between “Cashpump” company on behalf of website’s Administration with global network Internet address http://cashpump.net/ (following Administration) and  individual user (following User) about making a public agreement (public tender) for using server operating system and other website resources including author’s program applications for mobile terminals with iOS and Android operating systems for payments as bonuses reciprocal to notional currencies, different marketing tasks in terms and with conditions mentioned in a task.


1.    General statements


1.1  Web resource with global network Internet address http://cashpump.net/ is the copyright company project “Cashpump” and is actually interaction platform with operating system and offered mobile program applications for User, which are enough to complete marketing tasks published on platform in terms and with conditions mentioned in a task. Copyright for operating system, program applications for mobile terminals with Apple iOS or Android operating systems including basically and unconditionally all project is the ownership of “Cashpump” company and Administration acting on behalf of “Cashpump”.
1.2 This UA is the open and accessible public agreement (tender) according to clause statements 633 and clause 641 of Civil Code of Ukraine, regulates all right and any kind of cooperation between Administration and User, formalizes a possibility, appropriateness and conditions of giving server services and exceptional copyrights on Cashpump’s server and/or mobile program products for temporary usage.
1.3 This UA is considered totally accepted right after completed User registration in a system, making according to p. 2.1.1 of this UA and UA acceptance is considered complited and unconditional according to p.1 of the clause 642 of the Civil Code of Ukraine.
1.4  The acceptance of this UA by User means total and unconditional User’s agreement for processing and temporary keeping personal data on a server and other confidential information necessary for realization of right and other relations between Administration and User.
1.5 Administration has full and unconditional right to change, correct, supplement this UA personally and without preliminary User notification. In case of User disagreement of this UA changes, corrections, additions of executed by Administration, User must act according to p. 2.1.6 of this UA.
1.6 This UA is fully and unconditionally is under jurisdiction of legislation of Ukraine and authentic international legal act translations, agreed and is being corrected according to statements and actual changes:
•    Clauses 633, 641, 642, 651, 652, chapter 63 of Civil Code of Ukraine (with changes from 16.07.2015);
•   Statements of the Law of Ukraine N 1587-14 “About spreading audiovisual products examples, audio records, video records, computer programs, data bases (in Law edition N 1098-IV (1098-15) dated 10.07.2003 with the last changes according to  the Law N 222-VIII (222-19) dated 02.03.2015).
•    Statements of the Law of Ukraine N 1587-14 3792-12 “About copyright and similar rights” ( in edition of the Law N 2627-III (2627-14) dated 11.07.2001 with the last changes according to the Law N 5460-VI (5460-17) dated 16.10.2012).
•    Statements of the Law of Ukraine N 2657-XII “About information” (in edition of the Law N 2938-VI (2938-17) dated 13.01.2011 with the last changes according to the Law N 5029-VI (5029-17) dated 03.07.2012).


2.    Rights and duties


2.1. User rights


2.1.1. Any legally capable and actable individual achieved the age of 18, individuals at the age from 14 to 18 with incomplete civil legal capacity (clause 32 of Civil Code of Ukraine) and with agreement of parents (or custodians) individuals at the age from 10 to 14 with partial civil legal capacity (clause 31 of the Civil Code of Ukraine) have the right to become a User and to use services and Cashpump’s program products after the acceptance of Privacy Policy and official registration in a system, which requires:
    to fulfill special form on the site with mentioning real, true and full personal information;
    to receive a letter on personal email with a link and to follow this link in order to registration confirmation;
    to log in to personal account with one’s personal information/
2.1.2. User may use interface, software of the web resource and/or integrated program applications with operating systems Apple iOS or Android with server software for solving marketing tasks suggested on the site in terms and with conditions mentioned in a task.
2.1.3. User may suggest changes for improving site usability, registration procedures, payments, changes/supplementing this UA sending them to submit@cashpump.net.
2.1.4. User may attract new users to a system including one’s own referral network  with any legal advertising methods (via email, via public sites, on forums, in groups/communities/blogs, social media and so on) using advantages of one level referral network.
2.1.5. User may withdraw money equivalent of bonuses received as a reward via payment systems suggested by Administration.
2.1.6. User may terminate this UA (public tender) according to statements of clauses 651, 652 and 907 (in a part of server services) of the Civil Code of Ukraine by deleting personal account and uninstallation software (applications) from personal mobile terminal (terminals) with Apple iOS or Android operating systems.


2.2. User duties


2.2.1. User must follow unconditionally and implicitly requirements and conditions mentioned in this UA.
2.2.2. User must include full and true information during registration into suggested form and correct personal information in personal account in case of its changes.
2.2.3. User must execute tasks suggested on the site and agreed ones to execute in terms and with conditions mentioned in a task.
2.2.4. User must use interface of the web resource, server software and/or program applications for mobile terminals only for goals mentioned in p. 2.1.2. of this UA.
2.2.5. User must protect Cashpump’s copyright not giving copyright program applications to third parties.
2.2.6. User must not use web resource interface, server software, program applications for mobile terminals for advertising or spreading data prohibited by the Law of Ukraine and international Conventions about human rights protection and basic rights, including abuses, slanders, curses, pornographic or any materials violating moral norms, any material formats demonstrating and/or propagandizing cruelty, terror, violence, racism and/or ethnic hate, abusing human dignity and/or influencing personal or public interests.
2.2.7. User must keep confidence of personal data and personal information of other Users including attracted via referral program, be tolerant to other Users and Administration, solve possible legal or other collisions by negotiations and agreements preventively before appeals to courts of Ukraine of corresponding jurisdiction.


2.3. Administration rights


2.3.1. Administration may transfer its rights and duties regulated by this UA to third parties without preliminary notification or agreement of Users.
2.3.2. Administration may change, correct, supplement this UA and Privacy Policy without preliminary notification and agreement of Users.
2.3.3. Administration may change site interface, server software, program applications for mobile terminals without preliminary notification or agreement of Users.
2.3.4. Administration may transfer personal data of Users in case of the situation described in p. 2.3.1. of this UA, situations regulated by Privacy Policy and for courts request of Ukraine of corresponding jurisdiction.
2.3.5. Administration may change, correct or cancel declined suggested tasks without preliminary notification or agreement of Users.
2.3.6. Administration may delay withdrawing bonuses equivalent received as payment for executed tasks by User for not more than 60 working days for objective reasons.


2.4. Administration duties.


2.4.1. Administration must provide registered User with the access to the system with server software suggested by program applications for mobile terminals and platform segments with marketing tasks.
2.4.2. Administration must execute gathering, keeping and processing User’s personal data/personal information strictly according to Privacy Policy.
2.4.3. Administration must process Users’ suggestions, complaints and pretensions in terms not more than 60 days and inform User about its decision via email address mentioned during User registration.


3.    Guarantees and responsibility


3.1. User must and guarantees not to do any actions able to infringe rights of exclusive intellectual ownership of “Cashpump” company, damage directly or indirectly technical software of the site and in case of conscious or unconscious causing moral damage and/or pecuniary loss to the company and/or site User must make restitution in frames of mutual agreement about volunteer regulation right or other collisions.
3.2. In case of conscious or unconscious violation of any point of this UA, this UA in general, any point of Privacy Policy or Privacy Policy in general and in case of Administration’s noticing signs of fraud actions, Administration may terminate public tender unilaterally with deleting User’s account, blocking access to server software and application for mobile terminals, freezing all User’s balances and blocking payments of money equivalent of bonuses received by User for executed tasks.


4. Links and following links to web resources of third parties


4.1. Website of “Cashpump” company and program applications for mobile terminals may include links; suggested tasks usually include links to web resources of the third parties and following these links user terminate cooperation with Administration and start legal cooperation, regulated by UA and Privacy Policy of these web resources owners.
4.2. Administration is not responsible judicially or somehow else for information, links, applications and/or banner advertisement of web resources of the third parties.


5. Final statements


5.1. Any questions not mentioned in this UA (or Privacy Policy) may be and must be regulated by Ukrainian legislation and international rights; any pretensions, rights or other collisions between User and Administration may be and must be regulated by negotiations and agreements before filing of claims to courts of Ukraine of corresponding jurisdiction.
5.2. Administration is not responsible judicially or somehow else for nonfeasance in case of force majeure situations (natural disaster, hacker server breaking, technical default or bankruptcy of partners, payment systems, company itself and so on).
5.3. Administration is not responsible judicially or somehow else for mobile terminals functioning crashes, caused by possible conflicts of copyright program application of “Cashpump” company and program application for mobile terminals of other developers.
5.4. Invalidity of any one, two or more points of this UA does not influence applicability or operation of any of other points and UA in general.