VMK GROUP WEBSITE TERMS AND CONDITIONS
Adopted: April 2024
These Terms and Conditions (the “Terms”) apply to VMK Group websites https://vmk-group.com/, https://vmkhealth.com/ and https://vmkteam.com/ (the “Websites”) and establish the rules governing the use of these Websites. The Websites are operated by VMK GROUP UA, LLC, a legal entity duly incorporated and acting under the laws of Ukraine under registration number 44862102, with an address of Ukraine, 10002, Zhytomyr region, Zhytomyr city, st. Pushkinska, building 54, apartment 2, and its affiliates (“VMK Group”, “we”, “us”, “our”).
If you access and/or use our Websites, you agree to be bound by these Terms. If you do not accept these Terms, you must cease accessing and use of the Websites.
These Terms apply, regardless of the means of delivery of the Websites to you. By referring to “you”, we mean any natural or legal person who has gained access to the Websites, regardless of the manner, tools, and purposes of such access.
Our use of your personal data that we collect via the Websites is subject to our Privacy Policy.
1. GENERAL TERMS AND CONDITIONS
1.1. Access to the Websites is permitted on a temporary basis and we reserve the right to withdraw or amend the access to Websites or part of the Websites without notice. We will not be liable or responsible if for any reason the Websites are unavailable at any time or for any period.
1.2. The information and materials on the Websites are not intended to serve as any kind of qualified or professional advice. We disclaim all liability and responsibility arising from any reliance placed on such information and materials by you, or by any person who may be informed of any of its content.
1.3. You may use the Websites, and the information, presentations, writings, images and/or other works that you see, hear, or otherwise experience on the Websites, including that we send to you on your demand made by filling in regarding forms of feedback (singly or collectively, the "Content") for your own private non-commercial use and/or to learn about VMK Group products and services.
1.4. You must not use or allow others to access or use, all or any part of our Websites or the Content and/or applications on it for commercial purposes without our permission. Use of all or any part of our Websites or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
1.5. You may occasionally print individual webpages on the Websites or materials you got by demand from it for your private non-commercial use, provided that such printing is not substantial or systematic and our titles, trademarks, copyright notices, and trademark notices are not removed.
1.6. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Websites or any Content, whether publicly available or not, to any third parties;
- use or access our Websites to provide any kind of services to third parties;
- use the Websites to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
- modify any file or any other part of the Websites that we do not specifically authorize you to modify;
- modify or translate the Websites or any related documentation in whole or in part, or combine or merge the Content with any other object code or program;
- distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Content or Websites, including under commercial terms;
- intentionally include or copy any part of Content or the Websites as a whole to AI learning databases;
- remove, modify, block, disable, obscure, or impair any copyright, trademark, or other proprietary notices, material, or advertising belonging to us, our licensors, or other third parties contained within our Websites;
- Incorporate the Content or Websites into another service or website or make it available via framing or mirrors;
- reverse engineer, decompile, disassemble, and reduce the object code of the Websites to source code form or create (or attempt to create) derivative works based on the whole or any part of the Websites, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in accordance with applicable law; and
- is not used to create any software that is substantially similar in its expression to the Websites; and
- is kept secure; and
- is used only in accordance with applicable law;
- copy, download, or store any content, files, feeds, or data from the Websites, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that, for the avoidance of doubt, this is not intended to restrict the copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the applicable law (this provision doesn`t apply to the Content allowed to share by the functionality of the Websites);
- use the Websites or Content for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Websites or Content;
- use any robot, spider, or other automated device or process to access the Websites for any purpose or copy any material;
- use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, cheats, or any other hacking, altering, or cheating software or tool;
- upload information and/or materials, the rights to which belong to third parties, without obtaining the appropriate consent from such third parties;
- attempt to gain unauthorized access to our Websites, the server on which our Websites are hosted, or any server, computer, or database connected to our Websites or to attack our Websites via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, and your right to use our Websites shall immediately and automatically cease;
- attempt to avoid or undermine any protections we put in place for the security and operation of the Websites;
- do anything that may cause damage to the Websites;
- do other actions prohibited by applicable law, that violate the moral principles and/or any rights of third parties, as well as that could damage the reputation of the Websites or otherwise discredit it, the Websites` users, third parties, and/or VMK Group or any of our products and services, employees, subcontractors, representatives, or affiliates.
1.7. VMK Group is not liable or responsible for any third-party content on the Website. Third-party content includes, for example, articles owned by any other third parties, the content of advertisements, applications posted or owned by other third parties and content accessed through applications.
2. LINKING
2.1. You may establish a link to the Websites, provided that:
- the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
- the link does not falsely imply or suggest that we endorse, approve of, or are associated with the linked website, its webpages, or any of its contents; and
- framing of our Websites on any other website is not allowed and you must not provide access to the Websites or part of it under any other URL.
- We may withdraw your right to link to the Websites without notice and at any time (acting in our sole discretion).
- On certain parts of the Websites you may be able to include links to third-party websites. Subject to these Terms you may only include links on the Websites to third-party websites or webpages if:
- the content of or linking to such third-party websites or webpages does not breach any of the provisions set out in clause 1.6.;
- the terms of use of such websites or webpages allows such linking;
- links are clearly and visibly marked as such;
- the content of any linked website or webpages are relevant and clearly related to the content to which it is linked; and
- the link will not result in any automatic download.
2.2. Where the Websites and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third-party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
3. REQUEST FORMS
3.1. Where you are required to fill in the form (hereinafter – “Request form”) to receive information and/or other materials, we presume you provide accurate and true data. Each Form is for a single user only and not for multiple users. You must keep filled Request forms confidential.
3.2. You must provide a valid email address when you fill in the Request Form. If you provide an email address then you warrant you are entitled to receive email to such email address. You also acknowledge and agree that we may not contact you, and we may stop sending emails to you without prior notification.
3.3. Please pay attention to our Privacy Policy when requesting any information via the Request Form.
3.4. We may suspend the functioning of the Request forms at our sole discretion.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Unless otherwise specified herein, the Websites and Content are the property of VMK Group and are protected by Ukrainian and international copyright and other intellectual property laws.
4.2. All copyright, trademark, and other proprietary rights in Websites and in the software, text, graphics, design elements, code and all other materials originated or used by us at or in the Websites are reserved to VMK Group. All other trademarks or domain names not owned by VMK Group or one of the other VMK Group Companies that appear on the Websites are the property of their respective third-party owners.
4.3. YOU MAY NOT MODIFY, REPRODUCE, UPLOAD, POST, TRANSMIT, DOWNLOAD OR DISTRIBUTE ANY PART OF THE CONTENT, OR DECOMPILE, REVERSE ENGINEER, OR DISASSEMBLE THE CONTENT, OTHER THAN PRINTING OUT OR DOWNLOADING PORTIONS OF THE TEXT AND IMAGES FOR YOUR OWN PERSONAL, INFORMATIONAL, NON-COMMERCIAL USE. You must keep intact all copyright, trademark and other proprietary notices on any such materials. No materials published by VMK Group on Websites, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form, or by any means, without prior written permission from VMK Group. The use of any such materials on any other Websites, networked computer environment, or for any other purpose, is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. In addition to any causes of termination provided herein, we reserve the right, in our sole discretion and without any liability to you, to terminate your access to and use of the Websites or any part of the Websites for any reason whatsoever, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms. We may also, in our sole discretion and at any time, discontinue operation of the Websites or any part of the Websites. Any such termination may be effected without any prior notice. We will not be liable to you for any termination of your access to the Websites.
4.4. Copyright infringement notice. If you believe that your copyrighted materials have been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
VMK Group UA, LLC
Attention: Legal Department
Email: info@vmk-group.com
Please provide the following information in your notice:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
- Identify the material you believe is infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
5. LIMITATION OF LIABILITY. WARRANTY DISCLAIMER
5.1. We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content or functionality from the Websites.
5.2. Whilst we monitor the Website intending to locate and fix defects, you acknowledge and agree that we cannot guarantee that the Websites or any individual feature of the Websites will be error-free, be available at all times, and/or be free from viruses and defects.
5.3. Content may be removed from the Websites with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of any content or resources on the Websites.
5.4. VMK Group assumes no responsibility for the accuracy, correctness, timeliness, or content of the site materials provided on the Websites. You should not assume that the Websites are continuously updated or otherwise contain current information. VMK Group shall not be responsible for supplying content or materials from the Websites that have expired or have been removed.
5.5. The information and material on the Websites may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Websites and use your own judgment before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Websites or its Content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Websites and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Websites or any website or webpage to which it is linked.
5.6. IN NO EVENT SHALL VMK GROUP OR ANY OF THEIR RESPECTIVE SUPPLIERS, EMPLOYEES, AGENTS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, GOODWILL, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF VMK GROUP OR ANY OF THEIR SUPPLIERS, EMPLOYEES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
5.7. YOU UNDERSTAND AND AGREE THAT (A) THE SITE, AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; (B) EACH VMK GROUP COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS; (C) VMK GROUP MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITES OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITES; AND (D) VMK GROUP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. VMK GROUP SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY MATERIAL ON THE WEBSITES.
5.8. TO THE FULLEST EXTENT PERMITTED BY LAW VMK GROUP AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR:
- loss of or corruption to data; or
- loss of profit; or
- loss of anticipated revenue; or
- loss of business; or
- loss of opportunity; or
- adverse effect on reputation and/or goodwill; or
- any indirect or consequential loss or damage.
5.9. Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed EUR 100.
6. GOVERNING LAW
6.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ukraine. Ukrainian courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject-matter or formation.
6.2. For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.
7. MISCELLANEOUS
7.1. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be read down to become illegal, invalid, or unenforceable or, if this is not possible, deleted. The other provisions of these Terms shall continue to apply with full force and effect.
7.2. We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
8. CONTACTING US
For general comments on the Website, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us following the instructions found on the Contacts page on the Website.
