This Agreement is a public offer. By using the Biksico web resource, including but not limited to by registering on it, the User unconditionally accepts all terms of the Terms of Use, the Privacy and Personal Data Protection Policy, agrees to comply with them and bears responsibility for the consequences of not familiarizing themselves with them.
If the User disagrees with any of the terms of this Agreement, the User is obliged to refrain from further use of Biksico.
1.1. This Terms of Use (hereinafter – the Agreement) governs the use of the Biksico web resource (https://biksico.com) (hereinafter – Biksico, the web resource) and defines the terms of use and development of Biksico, as well as the rights and obligations of its Owner (Individual Entrepreneur Yurii Serhiiovych Povarov, registration address: Ukraine, 50026, Dnipropetrovsk region, city of Kryvyi Rih, Prokholodna Street, building 34, hereinafter – the Owner, the Administration) and Users (any individuals who have the right to register on the web resource, regardless of the fact of registration). The Agreement also applies to relations connected with the rights and interests of third parties who are not users of Biksico, but whose rights and interests may be violated as a result of the actions of the resource's Users.
1.2. The subject of the Agreement is the provision by the Owner of Biksico to the User of services for the use of Biksico and its resources and services (hereinafter – the Services). The Agreement between the User and the Owner of Biksico includes all special documents governing the provision of individual services of the Site and posted in the relevant sections of Biksico on the Internet. The Agreement is the sole and complete source of the terms and rules of the User's access to Biksico and governs all matters connected with the provision of such access, including technical requirements.
1.3. The User is obliged to fully familiarize themselves with this Agreement before registering on Biksico.
1.4. This Agreement may be amended and/or supplemented by the Owner unilaterally without any special notice. This Agreement is an open and publicly available document. The Owner of the web resource recommends that Users regularly check the terms of this Agreement for any amendments and/or additions. Continued use of Biksico by the User after amendments and/or additions have been made to this Agreement means the User's acceptance of and agreement with such amendments and/or additions.
1.5. To be able to use Biksico, you must accept these Terms of Use.
2.1. Biksico is a commercial internet resource which represents a collection of information contained in an information system that ensures the availability of such information on the Internet at a network address.
2.2. All rights to Biksico as a whole and to the use of the network address (domain name, subdomains, root subdomain) belong to the Owner of Biksico. The latter provides access to Biksico to all interested parties in accordance with this Agreement, the legislation of Ukraine, the GDPR (the EU General Data Protection Regulation), the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
2.3. This Agreement establishes the terms under which the rights to use information and the results of intellectual activity within individual sections of Biksico may belong to Users of Biksico and other persons.
2.4. This Agreement enters into force from the moment the User visits Biksico, is concluded for an indefinite term and remains in force until it is terminated by either Party.
2.5. By accepting this Agreement, the User expresses their full consent to and understanding that this Agreement applies to any Content and/or Service provided to the User by means of the Biksico service. This Agreement may be concluded by persons aged 18 and over.
2.6. Biksico as it currently exists, as well as any of its development or the addition of new services to it, is the subject of this Agreement.
2.7. The User understands and agrees that all Biksico services are provided “as is” and that the Administration of Biksico bears no responsibility for any delays, failures, deletion or non-preservation of any personal information in connection with power supply disruptions or failures on the Internet. All matters connected with purchasing the appropriate equipment for this and setting up video communication on Biksico are resolved by You independently and do not fall under this Agreement.
3.1. The Administration of Biksico (previously and hereinafter – the Administration of Biksico, the Administration) in these Rules and other special documents posted on Biksico means Individual Entrepreneur Yurii Serhiiovych Povarov, registration address: Ukraine, 50026, Dnipropetrovsk region, city of Kryvyi Rih, Prokhladna Street, building 34; email address: support@biksico.com
3.2.Appeals, proposals and claims of individuals and legal entities to the Administration of Biksico in connection with this Agreement and all matters regarding the functioning of Biksico, violations of the rights and interests of third parties during its use, as well as for requests authorized by the legislation of Ukraine, international treaties and agreements, and the norms of international treaties, agreements, conventions and protocols, may be sent to the email or postal address specified in clause 3.1. of this Agreement.
3.3.Regarding the functioning and development of Biksico, the Administration is guided by the legislation of Ukraine, the GDPR (the EU General Data Protection Regulation), the norms of international treaties, agreements, conventions and protocols, this Agreement and other special documents that have been or may be developed and adopted by the Administration of Biksico for the purpose of regulating the provision of individual Biksico services to Users.
3.4.No provisions of this Agreement grant the User the right to use the trade name, domain names and other distinctive marks of the Administration of Biksico. The right to use the trade name, domain names and other distinctive marks of the Administration of Biksico may be granted exclusively under a written agreement with the Administration of Biksico.
4.1.Registration of a User on Biksico is free and voluntary. Before the User's registration on Biksico, the Administration provides the User with access to information about Biksico, the site builder, hosting, support, as well as access to articles and summary information posted on Biksico.
4.2.Users of Biksico may be legal entities duly registered in the established manner and/or individuals – Users registered on Biksico who have accepted the terms of this Agreement, have reached the permissible age specified in clause 2.5. of this Agreement, hold the relevant authority and use certain services and resources of Biksico for a certain period.
4.3.When registering on Biksico, the User is obliged to provide the Administration with the necessary reliable and up-to-date information for creating a personal account. The Biksico registration form may request additional information from the User, both during registration and after it.
4.4.The User is responsible for the reliability, relevance and completeness of the information provided and its freedom from third-party claims during registration in accordance with the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
4.5.After providing the information specified in clause 4.3. of this Agreement and correctly performing all registration actions in sequence, a personal page of the User is created on Biksico.
4.6.Upon registration, the User agrees to this Agreement and assumes the rights and obligations specified in it, connected with the use and functioning of Biksico.
4.7.If the User provides incorrect information or the Administration has grounds to believe that the information provided is incorrect, incomplete or inaccurate, the Administration has the right to suspend or cancel the registration and refuse the use of the Biksico service.
4.8.By accepting this Agreement through registration on Biksico, the User confirms their consent to the processing by the Administration of their personal data provided during registration, as well as data posted by the User voluntarily. The processing of personal data is carried out in accordance with the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols. The Administration processes the User's personal data for the purpose of providing Services to users, including researching and analyzing such data, which allows it to maintain and improve the services and sections of Biksico, as well as to develop new services and sections of Biksico.
4.9.The login and password chosen by the User are the necessary and sufficient information for the User's access to Biksico. The User is not entitled to transfer their login and password to third parties, bears full responsibility for their safekeeping, and independently chooses the method of storing them.
4.10.Unless proven otherwise by the User, any actions performed using their login and password are deemed to have been performed by the respective User. In the event of unauthorized access to the login and password and/or the User's personal page, or distribution of the login and password, the User is obliged to immediately notify the Administration of Biksico in the established manner.
4.11.The Administration bears no responsibility for the security of access to data posted on Biksico. The User bears sole responsibility for the safekeeping of the data posted on Biksico.
4.12.The User registers on Biksico by filling out the relevant registration (order) request form. Upon registration, the User gives their consent to receive notifications via email (e-mail) and via short message service (SMS, Viber, Telegram and others). When paying on Biksico, the automatic debiting function (Auto-debit) from the client's payment card is set up by default, as specified in section 6 of this Agreement. Each subsequent automatic renewal of the subscription is carried out from the payment card that was used for the first payment of the subscription.
4.13.After registering on Biksico and receiving the necessary data for setting up the online store, the client may additionally receive verbal and written instructions from the Administration on working with Biksico.
4.14.When registering on Biksico, the User may choose any of the available plans; the User has the option to change the chosen plan at any time, however, it should be noted that the Enterprise plan is not subject to change and there is no possibility of returning to the Free plan.
4.15.The User has the option to choose monthly or annual payment. If the User paid for a period longer than a month, each subsequent period is automatically extended for the next term of one month, provided that there are sufficient funds from the previous payment to extend such a period.
4.16.The Administration has the right not to provide the User with access in the event of a lack of prepayment. Provision of Access resumes on the day the prepayment funds are received into the Administration's account. In the case of the auto-debit function being applied, such funds are debited automatically from the card specified by the User.
4.17.In the event of a lack of funds (the impossibility of performing auto-debit from the specified card) necessary to extend the next period of paid access, the Administration performs the following actions:
4.18.Access to Biksico is provided on an “as is” basis. The Administration does not guarantee that the provision of access to using Biksico will meet the goals and expectations of the User, its users or any other persons. The User independently evaluates and bears all risks connected with the use of the online store's functional capabilities and product information, and the Administration, employees and agents bear no responsibility whatsoever for the content of the advertisements and information posted by the User in online stores, for any losses and damages resulting from the use of the advertisements and information posted in online stores.
4.19.The User's data, their online store databases and any other information necessary for the proper operation of the online store is stored on Biksico for no more than 6 months from the moment the paid Access ends. In the absence of any payments during the specified period, all client information and store data are destroyed.
4.20.In online stores created on Biksico, it is prohibited to post goods imported into the customs territory of Ukraine under the customs import regime from the russian federation (hereinafter - rf) and/or the Republic of Belarus (hereinafter - RB), as well as goods whose country of origin is the russian federation and/or the Republic of Belarus. It is prohibited to sell/advertise goods which, in particular but not exclusively:
As well as those whose sale is directly or indirectly prohibited on the Internet by the current legislation of Ukraine, or in respect of which there are requirements for posting information about such goods.
4.21.The User guarantees that the goods/services they offer correspond to the information specified in the name and description of the Product, are free from third-party claims, and the fact of their posting does not violate intellectual property rights, and the posted content offering the sale of goods with indication of trademarks is carried out on legal grounds (with the consent of the right holder or after the goods have been put into civil circulation).
4.22.The User is responsible for and guarantees that they have all the necessary certificates and licenses for goods and services subject to mandatory certification in Ukraine, or in respect of which there are requirements for licensed types of activity, and independently bears responsibility for having such permits.
4.22 (repeated).In the event of reasonable suspicion that a product listing essentially carries information about prohibited goods/services or incites illegal activity, the Administration has the right to block access to such information without warning.
4.23.If the Administration discovers the posting of information or goods that violate the requirements of this section of the Agreement, it has the right to apply operational and economic sanctions to the User, ranging from blocking certain advertisements to terminating this Agreement and blocking them on Biksico. The Administration's decision on blocking matters is final and not subject to appeal.
4.24.The current Plans are specified on the Biksico website and may be changed by a unilateral decision of the Administration. New Plans enter into force from the moment the changed Plan is posted or on the specified date. When the cost of Plans changes, the Plans already paid for by Users are not subject to adjustment.
4.25.All payments are made in the national currency of Ukraine — the hryvnia, by non-cash transfer to the Administration's account or using payment services. When paying through payment services, funds received into the Administration's bank account with a payment purpose containing information about the User are recognized, for the purposes of this Agreement, as funds paid by the User.
4.26.In the absence of claims from the User, the services are deemed to have been provided properly and in full.
4.27.The period during which the online store was blocked in accordance with the terms of this Agreement is considered a period during which services and Access were provided and for which the User pays for the services and Access in full in accordance with the terms of this Agreement and the chosen Plans.
5.1.The User has the right, under the terms set out on Biksico:
5.2.When using the Services of Biksico, the User is obliged to:
5.3.If there are doubts about the legality of performing certain actions, including posting information or providing access, the Administration of Biksico recommends refraining from performing the latter.
5.4.The User is categorically prohibited, when using Biksico:
5.4.1.To register unlawfully as a User on behalf of or instead of another person, that is, to create a “fake account”.
5.4.2.To mislead Users regarding their identity, as well as any other unreliable information;
5.4.3.To distort information about themselves;
5.4.4.To upload, store, publish, distribute and provide access to or otherwise use any information that:
5.4.5.To unlawfully upload, store, publish, distribute and provide access to or otherwise use the intellectual property of Users and third parties;
5.4.6.To carry out mass mailings of messages without the consent of Biksico Users;
5.4.7.To use software and perform actions aimed at disrupting the normal functioning of Biksico and its services or the personal pages of Users;
5.4.8.To upload, store, publish, distribute and provide access to or otherwise use viruses and other malicious programs;
5.4.9.To use, without special permission from the Administration, automated scripts (programs) to collect information on Biksico and/or interact with Biksico and its services;
5.4.10.By any means, including but not limited to deception, abuse of trust, hacking, to attempt to gain access to the login and password of another User;
5.4.11.To carry out unlawful collection and processing of the personal data of other persons;
5.4.12.To carry out (attempt to gain) access to any Services in any way other than through the interface provided by the Administration, except in cases where such actions were expressly permitted to the User under a separate agreement with the Administration of Biksico;
5.4.13.To reproduce, duplicate, copy, sell, carry out trade operations and resell the Services for any purpose, except in cases where such actions were expressly permitted to the User in accordance with the terms of a separate agreement with the Administration;
5.4.14.To post commercial and political advertising.
5.4.15.To post any other information that, in the Administration's personal opinion, is undesirable, does not correspond to the goals of creating Biksico, restricts the interests of Users or is for other reasons undesirable for posting on Biksico
5.5.The User bears personal responsibility for any information they post on Biksico, communicate to other Users, as well as for any interactions with other Users, carrying them out at their own risk.
5.6.If the User disagrees with this Agreement or its update, the User is obliged to refrain from using it, having informed the Administration of this in the established manner.
6.1.The Administration of Biksico has the right:
6.2.The Administration undertakes:
7.1.The Administration has exclusive rights to the Content posted on Biksico.
7.1.1.All objects posted on Biksico, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects and their collections (hereinafter - the Content), are objects of the exclusive rights of the Administration; all rights to these objects are protected. All objects (Content) located on the pages of Biksico contain confidential information and are protected by the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
7.1.2.Except in the cases established by this Agreement, as well as the current legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols, no Content may be copied (reproduced), modified, distributed, displayed in a Frame, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior permission of the right holder, except in cases where the right holder has expressed consent to the free use of the Content by any person.
7.1.3.Any use of Biksico or the Content, other than that permitted in this Agreement or in the case of the right holder's explicit consent to such use, without the prior written permission of the right holder, is categorically prohibited.
7.1.4.Unless expressly stated otherwise in this Agreement, nothing in this Agreement may be construed as a transfer of exclusive rights to the Content.
7.2.Liability for violation of exclusive rights.
7.2.1.The User bears personal responsibility for any Content or other information that they upload, create or otherwise make publicly known (publish) on Biksico or with its help. The User is not entitled to upload, publish or transfer Content to Biksico if they do not hold the relevant rights to perform such actions, acquired or transferred to them in accordance with the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
7.2.2.If the User deletes any information from Biksico, the Administration has the right to keep archived copies of such data for an indefinite period.
7.2.Biksico and the rights of third parties.
7.3.1.Biksico contains or may contain links to other sites on the Internet (third-party sites) as well as articles, photographs, illustrations, graphic images, music, sounds, videos, information, applications, programs and other Content belonging to or originating from third parties (Third-party Content), which are the result of intellectual activity and are protected in accordance with the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
7.3.2.The said third parties and their Content are not checked by the Administration for compliance with any requirements of reliability, completeness, good faith and the like. The Administration bears no responsibility for any information posted on third-party sites to which the User gains access through Biksico or through Third-party Content, including any opinions or statements expressed on third-party sites or in their content.
7.3.3.Links or guides posted on Biksico for downloading files and/or installing third-party programs do not mean support or approval of these actions on the part of the Administration.
7.3.4.A link to any site, product, service, any information of a commercial or non-commercial nature posted on Biksico is not an endorsement or recommendation of these products (services) on the part of the Administration.
7.3.5.If the User decides to leave Biksico and go to third-party sites or use or install third-party programs, they do so at their own risk, and from that moment these Rules no longer apply to the User. In further actions, the User should be guided by the norms and policies, including the business customs, of those persons whose Content they intend to use.
8.1.Users bear responsibility for their own actions in connection with the creation and posting of information on their own personal page on Biksico, as well as in connection with the posting of information on the personal pages of other Users and in other sections of Biksico in accordance with the current legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
8.2.The Administration provides the technical possibility of its use by Users, but does not control and bears no responsibility for the actions or inaction of any persons regarding the use of Biksico.
8.3.The information system of Biksico and its software lack technical solutions that automatically manage censorship and control of the actions and information relations of Users regarding the use of Biksico.
8.4.The Administration does not engage in prior moderation or censorship of User information and takes measures to protect the rights and interests of persons and to ensure compliance with the requirements of the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols, only after an interested person appeals to the Administration in the established manner.
8.5.The Administration bears no responsibility for the User's violation of this Agreement.
8.6.Deletion of the User's account means the automatic deletion of all information posted on it, as well as all information entered during registration on Biksico.
8.7.The Administration ensures the functioning and operability of Biksico. The Administration of Biksico bears no responsibility for temporary failures and interruptions in the operation of Biksico and the loss of information they cause. The Administration bears no responsibility for any damage to the computer of the User or another person, mobile devices, any other equipment or software caused by or connected with downloading materials from Biksico or via links posted on Biksico.
8.8.The Administration has the right to send the User information about the development of Biksico and its services, as well as to advertise its own activities and services.
8.9.Limitation of the Administration's liability:
You fully understand and agree that:
The Administration reserves the right to delete or block access to information posted by Users without warning in the event of:
9.1.The Parties recognize as confidential any information received by the Parties from each other in the process of fulfilling this Agreement.
9.2.The Parties undertake not to disclose confidential information without the consent of the other Party, except in cases where such information must be transferred on legal grounds and reasonable requirements of the competent state authorities in accordance with the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols, as well as to take all protective measures so that the confidential information does not become known to third parties.
9.3.The transfer of information to third parties or other disclosure of information recognized as confidential under this Agreement may be carried out only with the written consent of the other Party.
9.4.For the disclosure of confidential information and the harm caused as a result, the Parties bear responsibility in accordance with the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, conventions and protocols.
10.1.This Agreement constitutes the Contract between the User and the Administration of Biksico regarding the procedure for using Biksico and its services.
10.2.This Agreement is governed by and interpreted in accordance with the legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols. Matters not regulated by this Agreement are subject to resolution in accordance with the legislation of Ukraine, as well as the norms of international law.
10.3.In the event of any disputes or disagreements connected with the fulfillment of this Agreement, the User and the Administration will make every effort to resolve them by conducting negotiations between them. If the disputes are not resolved through negotiations, the disputes are subject to resolution in the manner established by the current legislation of Ukraine, the GDPR, the treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
10.4.This Agreement enters into force from the moment of accession to it and remains in force for an indefinite term. The Content from Biksico and the rights specified in this Contract will be automatically revoked, however the Administration has the right to keep archived copies of the Content for an indefinite period.
10.5.This Agreement is drawn up in Ukrainian and may be provided to the User for review in another language. In the event of a discrepancy between the Ukrainian-language version of the Agreement and a version of the Agreement in another language, the provisions of the Ukrainian-language version of this Agreement apply.
10.6.If for one reason or another one or several provisions of this Agreement are recognized as invalid or have no legal force, this does not affect the validity or applicability of the other provisions of this Agreement.
10.7.We may make changes to this Agreement, including when legislative requirements change, so Users must regularly check the current terms of the Agreement.
