Terms & conditions

Before using our websites and/or using any of our products, each User must carefully read these Terms of Use (or hereinafter referred to as the Terms). The User's use of our websites and/or the use of any of our products means that the User accepts the terms of these Terms of Use and must continue to comply with them without fail.

1. Definition and terms

1.1. In these Rules, the terms are used in the following meanings:

1.2. BooKey website - websites (both together and separately) that are located on the Internet at the following addresses:

• https://bookey.com.ua,
• https://bookey.ltd,
• any other websites of the Owner.

1.3. BooKey Applications are any computer programs of the BooKey Owner.

1.4. User - an individual using the BooKey website and/or the BooKey Application.

1.5. Account - a record containing the User's authorization data (login and password) necessary to identify the User when using the BooKey Site and/or the BooKey Application.

1.6. Cookie - a piece of data created by the Site and stored in the User's device in the form of one or more files. Cookies do not contain personal data and can be blocked by the User at any time.

1.7. Owner - PE "Chvalova Liudmyla Mikhailivna"

2. General provisions

2.1. The subject matter of these Rules is the relationship between the Owner, who is the copyright holder of the BooKey Sites and Apps, and You, an individual who has full civil capacity and legal capacity to perform legally significant actions, as well as a legal entity that agrees to use the Sites and/or BooKey Apps on the terms, given in these Rules, hereinafter collectively referred to as the Parties, and individually as the Party, regarding the use of the Sites and/or BooKey Applications, as well as the services hosted in them (hereinafter referred to as the services).

2.2. The provisions of these Rules are binding on all Users.

2.3. These Rules apply to all BooKey products and websites, in particular (but not limited to) websites located at the following Internet addresses: https://bookey.com.ua, https://bookey.ltd

2.4. For individual BooKey websites and/or BooKey applications, slightly different terms of use may apply.

2.4.1. If the relevant BooKey Site and/or BooKey App has different terms of use, you will be warned that such terms of use differ from these Terms by posting such terms of use on the relevant BooKey Site and/or BooKey App.

2.4.2. When using the BooKey Sites and/or BooKey Apps, check the terms of use for each BooKey Site and/or BooKey App you visit.

2.5. The BooKey Sites and/or BooKey Apps are not intended for use by children under the age of fourteen.

2.6. An annex and an integral part of these Rules is the Privacy Policy for BooKey websites and BooKey applications, which you can read by clicking on the following link: https://bookey.com.ua/docs/privacy, https://bookey.ltd/docs/privacy.

3. The procedure for adopting the Rules and changing their conditions

3.1. The Regulations are a contract of accession within the meaning of Art. 634 of the Civil Code of Ukraine.

3.2. The conclusion of the Rules by the User, that is, the full and unconditional acceptance of their conditions, in accordance with Art. 642 of the Civil Code of Ukraine, is the use by the User of any of the BooKey websites and/or BooKey applications. Confirmation of the conclusion of the Rules on the part of the User is the pressing by the User of the "log in" button on the BooKey Website and/or in the BooKey Application.

3.3. The Owner reserves the right to make changes to all and/or any conditions of these Rules unilaterally, and the User undertakes to independently regularly monitor changes in these Rules, which will be published on the Internet at the address of the relevant BooKey website and/or in the relevant BooKey Application. All changes in these Rules are binding on the User from the date of their publication.

3.4. If the User disagrees with any of these Rules, the User shall not be entitled to use BooKey websites and/or BooKey applications.

4. Procedure for using BooKey Sites and Applications

4.1. By using the BooKey Sites and/or BooKey Apps, the User acknowledges that he/she uses the BooKey Sites and/or BooKey Apps and all their services at their own risk, on an “as is” basis, evaluates and bears all risks associated with the use of the content posted on the BooKey website and/or the BooKey apps, and the Owner, including its management, employees, agents, affiliates, is not responsible for the content of the content posted on the BooKey website and/or apps BooKey, for any damages and losses resulting from the posting, use of such content.

4.2. The user must take into account that his counterparty may be a minor and/or impersonate another person. Use of the BooKey Sites and/or BooKey Apps means that the User acknowledges and accepts these risks and agrees that the Owner shall not be liable for acts and/or omissions on the part of the User.

4.3. If the User has claims against another user as a result of the latter's use of the BooKey Sites and/or BooKey applications, the User agrees to make these claims independently and without intervention from the Owner, and also releases the Owner from all claims, obligations, compensation for damages, losses, expenses, known and/or unknown, incurred as a result of and/or in connection with such claims.

4.4. The Owner has the right to prohibit and/or restrict the User's right to use the BooKey Sites and/or BooKey Applications in case such User violates these Rules and/or receives complaints about such User from other users.

4.5. By these Rules, the Owner declares to Users and third parties that the shell of the BooKey Sites and/or BooKey Applications, their design, program codes, program algorithms, etc., are objects of the Owner's exclusive proprietary intellectual property rights. Any unauthorized use entails liability in accordance with the current legislation of Ukraine and the rules of international treaties.

4.6. The User acknowledges and agrees that the BooKey Sites and/or BooKey Applications contain audiovisual works, computer programs, signs for goods and services and other objects of intellectual property rights, the rights to which belong to the Owner and/or other right holders and cannot be used without the prior consent of the Owner and/or other right holders of such rights.

4.7. All objects posted on the BooKey website and/or BooKey applications, including design elements, text, graphics, illustrations, videos, computer programs, databases, program codes and algorithms, music, sounds and other intellectual property, and also, any content posted on the services of the Site is subject to the exclusive property copyrights of the Owner and/or other copyright holders in accordance with the current legislation of Ukraine.

4.8. The use of content, as well as any other elements of the BooKey Sites and/or BooKey Apps, is possible only within the framework of the functionality offered by a particular service of the BooKey Sites and/or BooKey Apps. No elements of the content of the services of the Site, as well as any content posted on the services of the site, can be used in any other way without the prior permission of the Owner. By use is meant, including: reproduction, copying, processing, distribution on any basis, and the like.

4.9. The User undertakes not to reproduce, copy, modify, sell, make available to the public, or distribute the content and programs of the BooKey Sites and/or BooKey Apps, in whole and/or in part, except as expressly provided otherwise in these Rules. .

4.10. The Owner grants the User a non-exclusive and non-transferable right to third parties to use the software provided as part of the services of the BooKey Sites and/or BooKey applications on one computer, provided that neither the User himself nor any other persons with the assistance of the User will copy and /or modify this software; create programs derived from the software; penetrate the software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form of rights in relation to the software granted to the User under these Rules.

4.11. The fact that a user uploads photo and/or video files on the BooKey website and/or the BooKey App is the unconditional and irrevocable consent of the user to the use of such photo and/or video files by the Owner and/or persons associated with it for advertising, marketing and/or other purposes.

4.11.1. At the time of uploading the relevant photo and/or video files to the BooKey Sites and/or BooKey Apps, the User grants the Owner exclusive property rights to use such photo and/or video files for the purposes provided for in clause 4.1. of this Privacy Policy.

4.11.2. The User independently bears all and any liability to any third parties in the event that the exclusive property rights to use the relevant photo and/or video files belong to third parties and could not be transferred by the User. The Owner is not responsible for the violation of the intellectual property rights of any third parties in the photo and/or video files that were uploaded by the User on the BooKey website and/or BooKey Applications.

4.12. The User grants the Owner the full and exclusive right to use photographs containing images of the User in any way and for any purpose (excluding pornography and discrimination). This consent is granted automatically at the moment of posting images on the BooKey Sites and/or the BooKey App.

4.12.1. The User grants the Owner the full and exclusive right to publish, republish, make public and/or otherwise use the photographs without limitation in the changes made to the photographs, including (but not limited to):

• both completely and fragmentarily;
• as an integral part of another image/video, composition, etc.;
• both in original and perverted form;
• both in color and in monochrome;
• both under my real and under an assumed name;
• on any media/equipment;
• in any format;
• using optical illusions;
• using retouching;
• the like.

4.12.2. The User grants the Owner the full and exclusive right to publish, republish, make public and/or otherwise use photographs of advertising, marketing, trade, etc. purpose, except for pornography and/or discrimination.

4.12.3. If the User involves any third parties to participate in the photo session, the User guarantees the Owner the full and unconditional consent of such third parties with all the provisions of clauses 4.12., clause 4.13 of these Rules and independently bears all and any responsibility to such third parties in case of any violation of rights these third parties. The Owner shall not be liable to such third parties.

4.13. The Owner has the right to change the content of the User's profile at its own discretion, including (but not limited to) adding photos to the User's profile.

4.13.1. The User has the right to remove content that has been added by the Owner to the User's profile.

4.13.2. The User does not have the right to use photos, other content that has been added by the Owner to the User's profile in all and any other resources (in particular, but not limited to, social networks, other applications, media, the Internet). All and any intellectual property rights to such photographs, other content belong in full to the Owner and in no case are transferred in whole and/or in part to the User in any way . In case of violation of the requirements of this paragraph, the User is liable in accordance with the current legislation of Ukraine.

4.14. The Owner has the right to send Users e-mails, SMS messages and/or inform Users in any other way, using the data provided by the User when registering and/or using the BooKey Sites and/or BooKey Applications.

4.15. The Owner has the right to download cookies to Users' devices and/or store data in HTML5 Local Storage (unless the User has independently restricted this possibility on his device), as well as receive, store, process and use information contained in cookies and/or HTML5 local storage.

4.16. The User, who believes that his rights and legitimate interests have been violated due to the actions of the Owner, may send a claim to the following e-mail address: b oo k [email protected]. Claims are handled by the Owner's Support Service in accordance with the general procedure for considering incoming requests.

4.17. The User agrees that all possible disputes regarding these Rules shall be resolved in accordance with the norms of the current legislation of Ukraine.

4.18. All issues related to payments for the use of the services of the BooKey Sites and/or BooKey Apps are decided by the payment provider. The owner is not responsible for the timely receipt, crediting of payment, etc. for using the services of the BooKey Sites and/or the BooKey Apps. In the event of any claims regarding the transfer of funds, etc. The User submits such claims directly to the respective Payment Operator.

5. Rights and obligations of the user. Responsibility

5.1. The user has the right:

5.1.1. Use the BooKey Sites and/or BooKey Applications in the manner and on the terms provided for in these Rules.

5.1.2. Post information, information that does not contradict the current legislation of Ukraine.

5.1.3. Send complaints about the operation of the BooKey websites and/or BooKey applications through the feedback form https://bookey.com.ua , https://bookey.ltd.

5.2. The user agrees that:

5.2.1. Except as expressly established by these Rules, as well as the current legislation of Ukraine, no materials can be copied (reproduced), processed, distributed, displayed, published, uploaded, transferred, sold and/or otherwise used in full and/or in parts without prior written permission from the Owner.

5.2.2. In the event that a reasonable complaint is received from the respective copyright holder regarding the violation of its legally protected rights, the Owner has the right to delete the content posted by the User and/or block other Users from accessing it without notifying the User and without giving reasons.

5.3. The User is personally responsible for any materials and/or other information that he uploads and/or otherwise brings to the public (publishes) within the services of the BooKey Sites and/or BooKey applications and/or with their help. The User may not upload, transmit and/or publish material on the BooKey website and/or BooKey applications unless they were personally created by the User and/or the User does not have the permission of the respective copyright holder to post them.

5.4. In the event of claims from third parties related to the placement of materials by the User, the User will independently and at his own expense settle these claims.

5.5. The user undertakes:

5.5.1. Do not take any action that may result in a disproportionately large load on the infrastructure of the BooKey Sites and/or BooKey Apps.

5.5.2. Do not use automated programs to gain unauthorized access to the BooKey Sites and/or BooKey Apps without the prior written permission of the Owner.

5.5.3. Do not copy, reproduce, modify, distribute, etc. any information protected by copyright without the prior written consent of the Owner.

5.5.4. Do not interfere with or attempt to interfere with the operation of the BooKey Sites and/or BooKey Apps, or take other actions to interfere with and/or restrict access to the BooKey Sites and/or BooKey Apps.

5.5.5. Do not use information provided by other Users for commercial or other similar purposes, except for personal use, without the written permission of the owner of such information.

5.6. The User is prohibited from using the Website Services for:

5.6.1. Uploading, sending, transmitting and/or any other way of publishing materials that are illegal, harmful, threatening, insulting morality, defamatory, infringing copyright and other intellectual property rights, which promote hatred and/or discrimination of people on the basis of race, ethnicity, gender, social characteristics, as well as violating the accepted norms of ethics of communication on the Internet and/or make it difficult for other Users to work with BooKey websites and/or BooKey applications.

5.6.2. Violation of the rights of minors and/or harm to them in any form, including moral.

5.6.3. Restriction of the rights of various minorities;

5.6.4. Impersonating another person or representative of an organization and/or community, including BooKey Sites and/or BooKey Application Support, its employees or employees, moderators , and the like.

5.6.5. Uploading, sending, transmitting and/or any other method of publishing materials that the User does not have the right to make available by law and/or according to any agreements with third parties.

5.6.6. Uploading, sending, transmitting and/or any other way of publishing materials that violate any rights of third parties, including intellectual property rights.

5.6.7. Downloading, sending, transmitting and/or any other method of publishing promotional information for the purpose of unauthorized and/or not expected by recipients, advertising mailings, including sending, with a large number of repetitions to one mailing address (“Spam”), as well as sending letters repeatedly the same content to one addressee, not agreed with him. Publication of advertising information may be carried out exclusively through channels specially provided on the BooKey Sites and/or BooKey Apps for this purpose.

5.6.8. Uploading, sending, transmitting and/or any other way of publishing any materials containing viruses and/or other computer codes, files and/or programs designed to disrupt, destroy and/or limit the functionality of any computer and/or telecommunications equipment and/or programs for unauthorized access to computer systems, equipment and/or data of third parties, as well as serial numbers for commercial software products and/or programs for generating them, logins, passwords and other means for obtaining unauthorized access to paid resources in Internet, as well as posting links to the above information.

5.6.9. Violations of any norms of the current legislation of Ukraine and/or international legislation, as well as the legislation of other states.

5.7. The user independently bears all and any responsibility for all and any of his actions to all and any third parties, including (but not limited to) government and/or law enforcement agencies. The Owner is not responsible for the actions and/or inaction of the User.

6. Other provisions

6.1. These Rules come into force from the moment they are posted on the relevant BooKey Sites and/or BooKey Applications and are valid until they are changed by the Owner in the manner provided for in these Rules.

6.2. The absence of a copy of the Rules signed by the Parties on paper, with the signatures of the Parties affixed, is not a reason to consider these Rules not concluded and/or invalid.

6.3. The titles of sections (articles) of the Rules are used solely for convenience and do not affect their content and interpretation.

6.4. The commencement of the User's use of the BooKey Sites and/or BooKey Apps confirms the User's full understanding of the subject matter and terms of these Terms.

6.5. The Owner is not responsible for the actions of the Users to any third parties, including (but not limited to) regulatory and/or law enforcement agencies.

6.6. Everything that is not regulated by the Rules is governed by the privacy policy of the BooKey websites and/or BooKey applications and/or the current legislation of Ukraine.