Last updated on 01 November 2022.
We may periodically change the Terms without prior notice, so please check back from time to time. By accessing and using this Site, you agree to these Terms.
These Terms refer to the following additional policies, the terms of which also apply to your use of Our Website:
1. Use of the Website
By using Our Website, you express acceptance of these Terms and that you agree to comply with, and are legally bound, by them. This process shall take effect immediately upon your first use of the Website. It is therefore important that you read these Terms carefully.
We may update and change Our Website from time to time to reflect changes to Our products or services, Our users’ needs, and Our business priorities. We will try to give you reasonable notice of any major changes.
Our Website is made available free of charge. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
You shall not:
- use the Website or access to them for any fraudulent or unlawful purpose or to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- interfere with or disrupt the operation of the Website or access to them;
- transmit or otherwise make available in connection with the Website or access to them any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- restrict or inhibit the ability of any other person to access or use the Website;
- modify, adapt, translate or create derivative works of any portion of the Website;
- remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website;
- use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, or in any way gather data from the Website or reproduce the Website or circumvent the navigational structure or presentation of the Website, except that search engines that are publicly available on the internet may copy materials from the Website solely for the purpose of creating publicly available searchable indices of the Mircare materials (but not caches or archives). We reserve the right to revoke this right in respect of any search engine at any time;
- attempt to circumvent any security features or access control features on the Website;
- use the Website to send unsolicited emails or unsolicited instant messages or for file-sharing purposes;
- decompile or reverse engineer or otherwise attempt to derive source code for any application forming part of the Website except to the extent that applicable law allows you to do so without Our consent, and then only for the limited purpose, and to the extent, allowed by applicable law and provided that you do not disclose or communicate such source code to any other person; or
- frame, link or deep-link the Website to any other website.
You may not provide access to the Website, Online Services or Materials to any other person or entity, unless you are expressly permitted to do so in writing. You are responsible for all acts and omissions (including but not limited to any breach of this Agreement) of any other person or entity to whom you provide access as if they were your own acts or omissions. You may not systematically provide access to any content, information or data obtained through the Website or Online Services to any other person or entity.
You may not, and shall not permit any third parties to, directly or indirectly, export, reexport, or release the Website, Online Services or Materials to any jurisdiction or country to which, or any party to whom, the export, reexport, or release is prohibited by any US, EU or other law, regulation, or rule. Mircare may refuse to provide or allow access to the Website, Online Services, or Materials if Mircare reasonably believes it could violate any applicable law or regulation.
2. Intellectual property
All content and functionality on the Website, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Website Content”) is the exclusive property of Mircare, to the extent applicable, is protected by the international copyright laws.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of Mircare. You agree that, except as expressly permitted by us, you will not refer to or attribute any information to Mircare in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark.
We hereby grant you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, the Website Content solely for your internal, business use, provided that you do not modify the Website Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Website Content, and that you otherwise comply with these Terms.
You may make a reasonable number of copies of any Mircare materials solely for your internal, business use, provided that:
- you do not remove or obscure any copyright on Mircare materials or on any copies or downloads made by you,
- you ensure that all copies of Mircare materials that you make include, in a prominent place, any copyright and other proprietary notices displayed on Mircare materials on the Website.
You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Website Content without Our prior written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any intellectual property of Mircare other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
You are not permitted to use Our intellectual property rights without Our express prior approval, unless they form part of material that you are using as permitted.
3. User postings
You acknowledge and agree that Mircare shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against Mircare for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Mircare’s use and publication of such submissions.
You covenant that you shall not post or otherwise publish on the Website any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.
Mircare does not and cannot review all information posted to the Website by users and is not responsible for such information. However, Mircare reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
4. Disclaimers of liability
Nothing in this Agreement is intended to exclude or limit any liability that by applicable law or applicable professional regulations cannot be excluded or limited.
You understand that the use of Our Website is at your own risk and that the design and availability of the Website are on an ‘as is’ basis and ‘as available’.
It is your responsibility to ensure that the Website is suitable for your intended purposes.
Mircare gives no warranties, assurances or guarantees:
- that access to the Website will be uninterrupted, error-free or compatible with your hardware or software;
- that the Website or the servers from which any of them are made available are free of viruses or other harmful components. You are responsible for implementing appropriate processes, systems and procedures to protect yourself and your Organization from this type of issue; or
- as to the quality, fitness for any particular purpose, availability, performance, functionality, reliability, accuracy, timeliness or completeness of the Website.
Except as expressly set out in this Agreement, all warranties (including but not limited to implied warranties of merchantability and fitness for a particular purpose or use), terms, conditions and undertakings, whether express or implied by common law, statute, course of dealing or otherwise in relation to the Website are excluded to the fullest extent permitted by law.
You acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third-party equipment and services, and that Mircare does not guarantee and will not be liable for these in any way.
Without prejudice to any other exclusions or limitations of liability Mircare are not liable to you in contract, tort (including but not limited to negligence), under statute or otherwise for any loss or damage arising under or in connection with:
- your use of or inability to use the Website; and/or
- any decision or action taken in reliance on the Website
Mircare does not engage in the practice of law through the Website; you may not consider any information provided to you through the Website as legal advice or as a substitute for legal advice.
No oral or written information or advice that may be furnished by Us or any of Our authorized representatives, resellers, or distributors shall, under any circumstance, be construed as a departure or deviation from the above disclaimers.
Mircare are not liable to you in contract, tort (including but not limited to negligence), under statute or otherwise for:
- any indirect, consequential, incidental, punitive or special loss or damages;
- any loss of revenue or profit or account of profits;
- loss of data, or loss of use of data, software or systems;
- wasted management time;
- loss of business opportunity;
- loss of anticipated savings; or
- damage to goodwill or reputation,
arising out of or in connection with the Website or this Agreement or any breach or non-performance of it, no matter how fundamental, whether or not the likelihood of such loss or damage was contemplated.
You hereby indemnify, defend, and hold harmless Mircare and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Mircare Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses incurred by Mircare and/or Mircare Indemnified Parties in connection to any claims arising out of your use of the Website and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. Mircare reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. Links to third party sites and content
From time to time, the Website may include links or access to third party websites or services. Such links and access are provided for your convenience only and do not signify that Mircare endorses such third-party websites or services. Mircare does not review such third-party websites or services. Accordingly, you acknowledge and agree that:
- Mircare is not responsible for such websites or services, including but not limited to the terms on which they are made available and their privacy policies, and Mircare does not control or have any responsibility for their content, functionality or availability;
- Mircare makes no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites or services; and
- if you access any such websites or services, you do so entirely at your own risk.
If the Website permits users to submit questions, comments, suggestions and the like for use by other users of the Website, Mircare assumes no responsibility for the content or accuracy of any such submissions, nor for any recommendations or opinions that may be expressed therein, nor for the suitability or applicability to a particular user of any such submissions.
7. Linking to Our Website
You may link to Our home page, provided that you do so in a way that is fair and legal and does not damage Our reputation or take (or attempt to take) advantage of it, whether willfully or otherwise.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part where none exists. You must not establish a link to Our Website on any site that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of Our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on Our Website other than that set out above, please contact Us through Contact details.
8. Law applicable to disputes
These Terms, their subject matter, and their formation are gove ed by Russian law. You hereby agree that the courts of Russian Federation shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Engagement Letter and any matter arising from it. Each party irrevocably waives any right it may have to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum, or to claim that those courts do not have jurisdiction.
Full name of legal entity: Mircare FZE LLC.
Postal address: Suite 04, office 1801,18 floor, Burlington Tower, Business Bay, Dubai, PO BOX 127907.
Phone number: +971586883270