Last updated: 01/11/2022
The Website is owned and controlled by “Have A Rest”. “Have A Rest”, “we” means individual entrepreneur Dolinin Yehor Viktorovich (tax number 2605312099), registered address: 61009, Kharkiv, 82 Kharkivska street, apt. 9.
These Terms constitute a legally binding agreement between our users ("you” or “user”) and 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.
The collection and use of personal data in connection with your use of the Website are carried out in accordance with the Privacy Notice.
If you have any questions or comments about these Terms or the operation of the Website, please contact us.
- Entire agreement
- Intellectual property rights and Content
- User Content
- Your account
- Electronic Communications
- Information on the Website
- Links to third-party websites
- Applicable law and jurisdiction
- Warranties and disclaimers
- Limitation of liability
- Amendments to the Terms
- Contact Information
1. Entire agreement
These Terms and any rules, including the Privacy Notice and Terms of Sale, constitute the entire agreement between you and Have A Rest.
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.
You warrant that you have the legal capacity or use the Site with the permission and participation of your parent or guardian.
2. Intellectual property rights and Content
® Registered mark for goods and services “Have A Rest”. All rights reserved.
All rights to intellectual property objects posted on the Website, including data, text, graphics, information, images, drawings, logos, video, sounds, music, software, and other materials (“Content”) are either the property of Have A Rest or are published with the permission of the respective rights holder.
Marks for goods and services, logos, and commercial names (“Trademarks”) are protected trademarks. Any publication of data on this Website cannot be interpreted as granting any license or right to use the Trademark placed on the Website. Any use of the Trademarks contained on this Website, as well as any other content on the Website, except as provided in these Terms, is strictly prohibited.
Subject to your compliance with these Terms, Have A Rest grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:
- use the Website on your personal device(s) in the manner provided for in these Terms; and
- access and view any Content made available in or through the Website for personal, non-commercial use only.
You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works or otherwise use the Content for commercial or illegal purposes without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.
In case of updating the Website, you also agree to comply with all additional conditions published on the Website. Have A Rest, its licensors, and content providers retain ownership of the materials posted on the Website, including all related intellectual property rights, and provide them under an applicable license, which Have A Rest may revoke at any time.
Unauthorized use (for example, for marketing purposes) of contact information published on the Website is prohibited. It is forbidden to use any hardware or software designed to interfere with the operation or disrupt the site's normal operation, as well as to covertly intercept modules, data, or personal information from the Website. 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 prior notice to limit or terminate your site access. Such termination of access or use shall not waive or affect any other right of claim or right to compensation to which Have A Rest may be entitled at law.
2.2. User Content
You may post comments and feedback on our Website (“User Content”). The User Content shall:
- be truthful and reliable, not to mislead other users;
- not contain unauthorized advertising, spam or other forms of imposition, software viruses, political campaigning, commercial invitations;
- not to contain images of a personal, political, ethical or religious nature, etc.;
- not contain obscene language in any language;
- not to incite hatred on any basis;
- do not contain discrimination, threats, obscene remarks, have a sexual nature;
- not to encourage a violation of the law or the rights of other persons;
- not contain personal data and confidential information of third parties (in particular, users of the Service).
We reserve the right (but not the obligation) to remove or edit the User Content.
By posting the User Content on the Website you agree that Have A Rest may use it for its marketing purposes.
4. Electronic Communications
We may send you the electronic communications (including commercial) regarding, without limitation:
- ordered goods (agreements, documents, receipts etc.);
- updates of the Websites and goods,
- transactions under these Terms.
You may unsubscribe from receiving these notifications from us by following the instructions provided in such communications.
5. Information on the Website
Some goods on our Website may appear slightly larger or smaller due to screen settings and photography techniques. Sometimes products can be enlarged to demonstrate the details clearly, and sometimes shown smaller to show the product in full size.
6. Links to third-party websites
The Website depends on or contains the links to other websites and services governed by third parties.
We do not control the features available or accessed through such websites and services. We are not responsible for the content and services offered through them, and for any losses, damages, or other liabilities incurred as a result of your use of such websites and services.
7. Applicable law and jurisdiction
These Terms shall be exclusively governed by and construed under the laws of Ukraine.
If any material in 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 it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Any dispute between Have A Rest and users shall be resolved using amicable negotiations directly with us, following good faith and cooperation principles. Suppose the negotiations may not reach a consensus. In that case, the dispute shall be settled exclusively in the state courts of Ukraine.
8. Warranties and disclaimers
This Website is provided to you “as is”. Other than as expressly set out in these Terms or any of our policies on the Website, Have A Rest disclaims all warranties regarding the Website, its features and content to the fullest extent permitted by law including without restrictions, guarantees of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.
We are not making any promises, including the Website’s and content’s accuracy, usefulness, reliability, and correct operation. Have A Rest does not guarantee that the Website will be uninterrupted or secure, that any defects will be corrected, or that the Website is free of viruses or anything else harmful.
9. Limitation of liability
Have A Rest is not responsible if any information, materials, content available through the Websites are inaccurate or incomplete and for typographical errors or deficiencies in the text, price, or other materials.
In no event shall Have A Rest, its founders, employees, contractors or agents be liable for direct, indirect, incidental, special, punitive or consequential damages, including lost profits, data loss or property damage related to any use or inability to use the Website; for damage resulting from the use of information obtained through the Website, caused by a defect in the products purchased through the Website, and as a result of any damages, caused by mistakes, omissions, interruptions, defects, viruses, even if the Have A Rest has been advised of the possibility of such damages.
The foregoing limitations of liability do not apply to the extent prohibited by law. You may have other rights under the law.
You agree to defend, indemnify and reimburse us for any damage, loss, Have A Rest, our founders, partners, employees, contractors, and agents from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
- any breach by you of any of these Terms;
- your use/misuse of the Website, content or features available or goods purchased through the Website;
- a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
We will take action against users who violate these Terms, including banning the use of the Website and the purchase of goods. We can claim compensation for the damages caused.
11. 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 check the Website for changes in the Terms periodically. 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 Website. The amended provisions of the Terms will enter into force 14 days after such publication of the new version of the Terms.
12. Contact Information
If You have any questions or comments about these Terms or Website, please contact us at:
- Email: firstname.lastname@example.org
- Phone: +380 (66) 116 40 01
- Mailing address: Oleny Telihy street, 4, Kyiv
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.