Last updated: 22/05/2020
The Website is owned and controlled by private entrepreneur Dolinin Yegor Viktorovich (individual tax number — 2605312099), registered at 61009, Kharkiv region, Kharkiv, 82 Kharkivska st., apt. 9 (hereinafter — “Have A Rest”).
These Terms constitute a legally binding agreement between you and Have A Rest. When you use our Website, your rights and obligations are governed by these Terms. The terms "company", "we" and "our" used on this Website refer to "Have A Rest". Have A Rest offers you the Website, including all information, features and services available on the Website, provided you accept all the terms and conditions set out in this document.
The purchase of goods through the Website is subject to the Terms of Sale, which are an integral part hereof. Please read these Terms carefully. By visiting or using this Website, you agree to the Terms in full. If you do not agree to the Terms, please stop using the Website.
2. Entire agreement
This Agreement and any rules, including the Privacy Notice and Terms of Sale, constitute the entire agreement between you and Have A Rest on the subject matter of this Agreement and supersede any prior or existing written or oral agreements and arrangements entered into between the parties regarding the same subject matter.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. Intellectual property rights and Content
Our Website is owned and controlled by Have A Rest and, unless otherwise agreed in writing, all materials in this Website, including text, images, photos, design, graphics, information, logos, icons, audio and video, interfaces, computer code and other materials (“Content”) and copyright and/or other intellectual property rights in such Content are owned, controlled and/or licensed by Have A Rest or included in the Website with the permission of the relevant owner.
Certain trademarks, trade names and logos used or displayed in the Website are registered and unregistered trademarks and tradenames of Have A Rest and/or of relevant holder(s) (including, the trademark "Have A Rest" registered in the territory of Ukraine) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Have A Rest or the applicable trademark holder(s). Nothing contained in the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names or logos displayed in the Website.
Subject to your compliance with these Terms, Have A Rest grants you a limited, personal, non-exclusive, non-sublicensable, revocable, non-transferable license to:
- (i) use this Website on your personal device(s) in the manner provided for in these Terms; and
- (ii) access and view any Content made available in the Website and accessible to you solely for your personal, non-commercial use.
You may download or copy the Content and other downloadable materials displayed in the Website for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content for any public or commercial purpose without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.
Have A Rest reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason without prior notice. Have A Rest allowing you this limited use does not constitute a waiver of any of Have A Rest’s rights to the Content. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law.
Unauthorized use (such as for marketing purposes) of the contact information posted on the Website is prohibited. The use of any hardware or software intended to interfere with or disrupt the normal operation of the Website, as well as to conceal modules, data or personal information from the Website is prohibited. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
Have A Rest reserves the right at any time and without notice to restrict or terminate your access to the Website. Such termination of access or use does not invalidate or affect any other claims or compensation that Have A Rest may claim under the law.
4. Legal effect
If Have A Rest is aware of your violation of these Terms, we may immediately take the appropriate measures. Such measures include termination of your access to the services of Have A Rest. If the aforementioned breach resulted in damages for Have A Rest, the latter may independently claim compensation.
5. Reviews, Comments and Electronic Communications
You may post comments and feedback on our Website as long as your feedback and comments are not unlawful, obscene, threatening, defamatory, infringing privacy or intellectual property rights of third parties or otherwise causing damage. Your comments and feedback may not contain program viruses, political agitation, commercial invitations, mass mailings or any form of "spam" or unsolicited commercial emails. You may not use an invalid email address, impersonate any person or organization, or otherwise mislead. We reserve the right (but not the obligation) to remove or edit such content.
By posting a comment on the Website you agree that Have A Rest may use it for its marketing purposes.
We have the right to send to you in a digital form the messages, agreements, documents, receipts, notices and information regarding the goods offered by Have A Rest through the Website. We may send such communications by email or by any other means convenient to you. You have the right to refuse at any time to receive such communications.
6. Information on the Website
Information published on this Website is provided for general information only. We endeavour to provide the highest accuracy and update the Website's content, we are not responsible for any inaccuracies therein. You do not have to rely on this information, and we strongly recommend that you get additional recommendations or instructions before taking any action based on the data posted on the Website.
In particular, it should be noted that the size of some goods (hereinafter referred to as "Goods") on our Website may appear to be slightly larger or smaller due to screen settings and photography techniques. Sometimes Products can be enlarged to give a clear demonstration of the details, and sometimes shown smaller to show the product in full size.
7. Links to third-party websites
This Website may contain links to other websites. Some of these sites are supported by Have A Rest or its affiliates, while others are controlled by third parties.
These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other website or any products or services that may be offered through those or any other website. Inclusion of links to other website should not be viewed as an endorsement of the content of linked website. Users use such third-party content contained therein at their own risk.
Different terms and conditions may apply to your use of any linked website. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked website.
8. Jurisdiction and applicable law
The Website has been designed to comply with the laws of Ukraine. We recognize that it is possible for you to obtain access to the Website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
9. Warranties and disclaimers
You use this Website solely at your own risk. Have A Rest is not responsible if the information or materials on this Website are inaccurate or incomplete.You hereby agree that you are responsible for monitoring any changes to the Content of the Website.
This Website is provided to you “as is”. Have A Rest makes no warranties, whether express or implied, (including any warranties of fitness for a particular purpose). Such warranties include, but are not limited to, any representations that the materials on the Website are complete, accurate, reliable, timely and non-infringing; that access to the Website is uninterrupted and error-free; that the Website is secure; that any advice or guidance obtained from Have A Rest through the Website is accurate and reliable. Therefore, there is no obligation whatsoever for any such representations and warranties. Have A Rest reserves the right at any time to restrict or deny access to the Website in its entirety, and to restrict or deny access to any feature, module or part of the Website.
Have A Rest and other parties involved in the creation and publication of the Website on behalf of the Company are not responsible for any direct, indirect, incidental or other damages, costs, losses, and any liability that may arise because of:
- your use and / or inability to use the Website;
- your access to the Website;
- changes to the content of this Website or any other associated website;
- any action that Have A Rest does or does not perform as a result of emails sent by the user to Have A Rest.
Have A Rest and other parties involved in the creation and publication of the Website are not responsible for the following: supporting the materials of the Website and provision of the services through the Website, as well as for any corrections, updates or publications on the Website. Any data on the Website is subject to change without notice.
You agree to defend, indemnify and hold harmless Have A Rest, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of materials or features available on the Website or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Have A Rest reserves a right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.
12. Amendments to the Terms
Have A Rest has the right at its sole discretion and at any time to modify, supplement or delete the provisions of these Terms, in whole or in part, by posting on the Website the respective revised provisions. The user is obliged to periodically check the Website for changes in the Terms. Your continued use of the Website after such changes to the Terms means that you agree to such changes.
In case of substantial changes to the Terms, the corresponding notice will be published on the homepage of this Website, and the amended provisions of the Terms will enter into force thirty days after such publication.
13. Section headings
The headings in these Terms are for convenience only and may not be used to limit or interpret the provisions of these Terms.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.
If you have any questions or comments about these Terms or the Website, you may contact us:
At email: firstname.lastname@example.org
At the following address: Kyiv, 15 Kioto st., apt. 24, 02156, Ukraine.
Disclaimer: The original, legally binding version of this document is composed in Ukrainian, and may be translated into other languages for the courtesy of our non-Ukrainian-speaking users. If there are any discrepancies between the Ukrainian version and a translated version, the Ukrainian version supersedes the translated version.