Terms and Conditions

Last updated: May 02, 2017

 

1. ACCEPTANCE OF TERMS & CONDITIONS

1.1. SION Company welcomes you. Please read these Terms and Conditions (Terms) carefully before using the http://sion.ua website (the Service) operated by SION Company (us, we, our, or Supplier).

1.2. SION Company provides Services to you subject to the following Terms and Conditions, that we may update from time to time with notice to you at least 30 days before the changes take effect, such notice to be given by email or by notification on our website. You agree to be bound by the revised Terms by continuing to access or use our Service after those revisions become effective. If you do not agree to the new Terms, please stop using the Service. You can review the most current version of the Terms at any time at our website http://sion.ua.

1.3. By accessing and using our Services, you accept and agree to be bound by the Terms’ provisions. If you disagree with any part of the Terms, then you may not access and use the Service. These Terms apply to all visitors, users and others who access or use the Service. You may use the Services only if you are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, body, government or other legal entity, you represent and warrant that you are authorized to do so.

2. PRIVACY

2.1. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. Please review our Privacy Policy at our website http://sion.ua.

3. LINKS TO OTHER WEBSITES

3.1. Our Service may contain links to third-party websites or services that are not owned or controlled by SION Company.

3.2. SION Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party website or service. You further acknowledge and agree that SION Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or service.

3.3. We strongly recommend you to read the terms and conditions and privacy policies of any third-party website or service that you visit.

4. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

4.1. Your access to and use of our Services or any content at our website are at your own risk. You understand and agree that the Services and all information, materials, content, products made available through our Services are provided to you on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. SION Company makes no representations or warranties of any kind, expressed or implied, as to our Services’ operation, or information, materials, content, products made available through our Services, unless otherwise specified in writing.

4.2. SION Company does not guarantee that our Services information, materials, content, products made available through our Services are free of viruses or other harmful components.

4.3 To the maximum extent permitted by applicable law, SION Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from: a) you access to or use of or inability to access or use the services; b) any conduct or content, information, materials of any third-party on the Services, including without limitation, offensive or illegal conduct of third parties; c) any content, information, materials obtained from the Services; or d) unauthorized access, use or alteration of your transmission or content.

4.4. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not SION Company had been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

5. FEES AND PAYMENTS

5.1. The fees for the Services shall be set out in accordance with SION Company price list as amended from time to time, such price list being available on request. The total fees for the Services shall be confirmed by SION Company, shall be inclusive of VAT, and shall be payable in the currency in which the parties agreed.

5.2. The Supplier shall be entitled to vary its price list at any time by giving notice to the Customer at least 30 days prior to the new price list is to come into effect, such notice to be given by email or by notification on the Supplier’s website. Upon receipt of such notice, the Customer shall be entitled to terminate the Contract with effect from the date of notice, such termination to be notified to the Supplier no later than 30 days from the date of notice (time being of the essence). Failure to give such notice of termination shall be deemed acceptance of the Supplier’s new price list.

5.3. The Customer shall pay the fees upon placing the Order, and at the interval(s) specified therein and upon renewal of the Services with credit or debit card, bank transfer, or cheque addressed to Ukraine, Kiev, Lesi Ukrainki Blvd., 26a, office 316. All fees shall be non-refundable unless otherwise stated.

5.4. The Supplier shall provide the Services upon fees receipt in full and clear funds by the Customer. The Supplier shall acknowledge receipt of the payment and inform the Customer of the Services commencement date. Such commencement date shall be an estimate only and the Supplier shall not be liable to the Customer for any delay.

5.5. Without prejudice to any other right or remedy that the Supplier may have, if the Customer fails to pay the Supplier on the due date the Supplier may: (a) charge interest on such sum from the due date for payment at the statutory rate for the time being applicable under the European Communities (Late Payment in Commercial Transactions) Regulations 2002, or, where the Customer enters into the Contract as a consumer, at the rate that would be applicable thereunder were the Customer not a consumer, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; (b) suspend all Services until payment has been made in full; (c) declare that all sums due by the Customer under any contract with the Supplier are immediately payable; and (d) refuse to enter into any further contract with the Customer for the provision of any services by the Supplier.

5.6. Time for payment shall be of the Contract essence.

5.7. All payments payable to the Supplier under the Contract shall become due immediately on termination of the Contract, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.

5.8. The Supplier may without prejudice to any other rights set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.

5.6. TIME FOR PAYMENT SHALL BE OF THE CONTRACT ESSENCE

5.7. All payments payable to the Supplier under the Contract shall become due immediately on termination of the Contract, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.

5.8. The Supplier may without prejudice to any other rights set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. All content included in or made available through any our Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SION Company or its content suppliers and is protected by international copyright laws.

6.2. You further acknowledge and agree that Content contained in advertisements or information presented to you through our Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

7. TERMINATION

7.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

7.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. SEVERANCE

8.1. If any provision of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

8.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

9. STATUS OF PRE-CONTRACTUAL STATEMENTS

9.1. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement other than as expressly set out in the Contract.

10. THIRD-PARTY RIGHTS

10.1. The Contract is made for the parties’ benefit and (where applicable) their successors and permitted assigns, and is not intended to benefit or be enforceable by anyone else.

11. NOTICES

11.1. Unless otherwise provided, any notice under the Contract shall be in writing and shall be delivered by recorded delivery post or by commercial courier (requiring signature on delivery) to the other party at its address as set out in the Contract, or such other address as may have been notified by that party for such purposes. A correctly addressed notice sent by recorded delivery post shall be deemed to have been received on the second Working Day after posting. A correctly addressed notice sent by commercial courier shall be deemed to have been received on the date and at the time of signature of the courier’s delivery receipt.

12. DISPUTE RESOLUTION

12.1. If any dispute arises in connection with the Services, the parties shall first attempt to resolve such dispute amicably between themselves. Should such attempts fail to lead to a solution satisfactory to both parties, the parties shall attempt to settle the dispute by mediation in accordance with the Model Mediation Procedure of the Centre for Effective Dispute Resolution (CEDR). Unless otherwise agreed between the parties, the mediator will be nominated by CEDR and the mediation will take place in London, UK. To initiate the mediation, a party must give notice in writing (ADR notice) to the other party to the dispute requesting mediation. A copy of the request should be sent to CEDR.

13. GOVERNING LAW AND JURISDICTION

13.1. The Contract and any disputes or claims arising in connection with its subject matter, including its existence and validity, are governed by and construed in accordance with the laws of the United Kingdom.

13.2. The parties irrevocably agree that the courts of the United Kingdom have exclusive jurisdiction to settle any dispute or claim that arises in connection with the Contract.

14. GENERAL

14.1. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. SION’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If you have any questions regarding these Terms, please contact us.

© SION company LLC 2019
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