I. Introduction
ugearsmodels.com web-site (hereinafter referred to as the “Site”) is presented by the company Ukrainian Gears LLC (hereinafter referred to as the “Ugears”) with its registered office located at building 5/6, Ochakivs’ka street/Ochakivs’kyi lane, city of Kyiv, 03151, Ukraine.
By using the Site, you agree to abide these Terms of Use (hereinafter referred to as the “Terms”) without any limitations or reservation.
Ugears reserves the right to change (amend, modify or revise) these Terms at any time. The respective changes shall take effect automatically upon posting on the Site's page https://ugearsmodels.com/terms-of-use.html and shall apply to all users who use the Site hereafter. For the avoidance of misunderstandings, Ugears asks users to review the Terms before each use of the Site.
Ugears makes every effort to check the information before posting on the Site. This notwithstanding, Ugears cannot guarantee the accuracy and completeness of such information and does not bear any responsibility for errors in the materials contained on the Site. The statements posted on the Site are of a long-term nature. These statements are made based on the latest available information and genuine belief that both the information based on which such statements are made and the statements themselves are correct. Sometimes the results achieved by Ugears may substantially differ from long-term statements due to the influence of market and economic factors that, in most cases, are beyond Ugears’ control.
Ugears has no intention for constant reviewing and correcting its long-term statements posted on the Site. At the same time, Ugears reserves the right to modify or delete any of its statements, including long-term ones.
Unless the contrary is explicitly specified, no statements posted on the Site shall be construed as a promise and/or a warranty.
II. Copyright-protected materials posted on the Site
The Site contains materials (photo images, audiovisual as well as graphic works and text) protected by copyright laws. Copying, reproduction, posting, distribution, adaptation and translation of these materials in the media (including online platforms), as well as on other websites will be considered as an infringement of Ugears’ copyright.
Аny copying, reproduction, posting, distribution, adaptation and translation of the materials posted on the Site, except for the materials that Ugears provides to the media or distributes as part of press releases, is permitted only with Ugears’ prior written consent.
III. Trademarks, product names and industrial designs
The rights to the trademarks, product names and industrial designs for the products displayed on the Site are owned by Ugears. Any use of the trademarks, product names and industrial designs posted on the Site without Ugears’ prior written consent is prohibited and is regarded as a violation of intellectual property rights and/or as being contrary to unfair competition laws.
IV. Disclaimer for Third Parties’ Websites Content
The Site contains hyperlinks to the websites developed and maintained by third parties. Ugears is unaware of the content of such websites. Ugears only facilitates access to third parties’ websites and assumes no responsibility for the materials such websites contain.
Ugears hyperlinks to third parties’ sites solely to facilitate the search for such websites for users of the Site. The representations and warranties contained on the hyperlinked websites are not and cannot be construed as statements and warranties provided by Ugears. Ugears explicitly disclaims any connection to any content presented on any third party’s websites hyperlinked on the Site. In particular, Ugears bears no responsibility for any violations of applicable law or third parties’ rights that occur on such websites.
Ugears does not bear any responsibility for any infringement of intellectual property rights, personality rights and rights to personal data that may occur on the websites hyperlinked to on the Site.
In case of purchase of goods via the websites hyperlinked on the Site, the corresponding contract or agreement is concluded between the user and the owner of the respective site or person who offers to enter into such contract or agreement. Under no circumstances, such contract or agreement shall be regarded as concluded with or solicited by Ugears. Please review the terms of use of the relevant third party’s website when using the hyperlink found on this Site.
Owners of the website that may be accessed through hyperlinks provided on the Site are solely responsible for the content of their sites, as well as for the sale of any goods offered on their websites, compliance with the terms of such sale, processing and performance of any orders.
This disclaimer applies to all hyperlinks contained on the Site and to all materials contained on the websites that users access via such hyperlinks.
V. Newsletter and messages
A user may subscribe to Ugears’ newsletter by specifying in the specially designated box his/her e-mail address and clicking on the corresponding icon. Ugears does not have the technical capability to verify that the email address specified by the subscribing user belongs to such user. Ugears assumes no responsibility for any consequences arising from the use of newsletter subscription option offered on the Site. Ugears enables each subscriber to unsubscribe by clicking on the hyperlink contained in a newsletter.
When placing an order or creating an account on the Site, the user may consent to receiving advertising and greeting emails, SMS and Viber messages from Ugears. The user provides his/her consent by ticking the corresponding box and by doing so he/she confirms his/her consent to receive any advertising and greeting emails, SMS and Viber messages from Ugears.
VI. Accounts
Ugears provides each user with the possibility to create an account on the Site by entering his/her email address, password and other required information. While creating an account, the user must provide his/her complete and accurate details and update such details in a timely manner during the use of the account. By creating an account, the user confirms that he/she has reached the majority age according to the applicable law.
The user is personally responsible for keeping his/her login and password confidential. Ugears bears no responsibility for the correctness of the user’s details, the consequences of late updating of such details by the user and the consequences of third party’s access to the user's account.
VIІ. Payment systems
While making payments on the Site, the user can choose one of the supported payment systems. When using a payment system, the user can be automatically redirected to other websites for processing of payment.
Payments are processed and made via and according to the rules of the payment system selected by the user. The above includes the timing of the transaction, its terms, procedure, currency conversion rate, processing and storing of payment credentials etc.
VIII. Limitation of liability
Any liability of Ugears for damages resulting from your use of the Site, regardless of the legal basis, including but not limited to civil tort, is limited to direct damages that are a direct consequence of Ugears’ intent or gross negligence.
To the extent that there is a basis for a statutory liability, the total amount of any claim for damages shall be limited to the foreseeable damages.
The provisions above are without prejudice to Ugears’ liability envisioned by the legislative provisions on liability for defective products or liability arising from the warrantees provided by Ugears. The aforementioned limitations of liability also do not apply in the case of harm to life and health or personal injury.
Ugears makes considerable efforts to protect the Site from viruses, trojans, malware or other code of contaminating or destructive properties, however, Ugears cannot guarantee their complete absence. In this regard, Ugears encourages users to take precautions and protect their computers before downloading documents and data from the Site.
Ugears does not guarantee the absence of errors or malfunctions in the operation of the Site and assumes no responsibility for any consequences resulting therefrom.
Ugears shall also not be liable in other cases explicitly specified in these Terms.
IX. Ugears’ Products
Products presented on this Site are created by Ugears.
X. Other provisions
These Terms are governed by and shall be construed in accordance with the laws of Ukraine.
Within the limits allowed by the relevant legislative acts, the city of Kyiv, Ukraine, shall be designated as a court venue having jurisdiction over all disputes arising out of and in connection with the use of the Site and the materials available on the Site.
If any provision of these Terms is or becomes invalid, other provisions shall remain in force.
