Terms of Service

Comin

Effective date: March 9, 2018

These Terms of Service (“Terms”) together with our Privacy Policy form the entire legal Agreement (“Agreement”) between Comin Systems (“Comin”, “Company”, “we”, or “us”) and You as a User (“You”, “Your”, “Customer”, or “User”). This Agreement regulates the relationships arising from the use of the Comin Website https://comin.co (the “Website”) and/or Comin Services (“Service”, “Services”).

By using the Website and/or the Services You hereby warrant that You agree with the terms set out in this Agreement and You will apply best efforts in order to comply with these Terms. In the event You disagree with this Agreement in full or with any portion of it, please immediately stop using the Website and/or the Services.

Comin reserves the right to, from time-to-time, introduce changes to the terms of the Agreement with or without prior notification to You as a User. It is Your sole responsibility to periodically check for any changes or updates to this Agreement. If You do not agree with the new updated version of the Agreement please stop using the Website and/or the Service.

NOTE: In order to use the Comin Website and/or the Service You must be of legal age to do so and to be eligible to operate such Website or Service according to the applicable legislation. If You are not of legal age please stop using the Website and/or the Service. We reserve the right to terminate the Agreement between Comin and an individual of under legal age at Our sole discretion and without notice to the individual.

GLOSSARY

Electronic commerce (e-commerce) – is the marketing, buying and selling of merchandise or services over the Internet. It encompasses the entire scope of online product and service sales from start to finish. E-commerce tools include computer platforms, applications, solutions, servers and various software formats manufactured by e-commerce service providers and purchased by merchants to increase online sales.

Merchant – a legal entity or an individual that sells goods through the Service provided by Comin.

Widget – a module (usually a banner) on a website, in an application, or in the interface of a device that allows users to access information or to perform a function.

Beta version – a version of a piece of software that is made available for testing, typically by a limited number of users outside the company that is developing it, before its general release.

SERVICE

Comin is an e-commerce platform that allows You to buy goods through its widget without having to leave the website which hosts the widget. It means that, there is no need for You as a User to make a transition to the website of an online store, as Users can make purchases directly on their trusted websites (e.g. homepage). At the moment Comin’s Services are in the beta testing which means that the functionality of Services may be limited.

NOTE: Comin is not a merchant of goods displayed on the widget, but an intermediary between Customers and merchants. Therefore, Comin shall not be held liable for any discrepancies that may arise between Customers and merchants.

REGISTRATION

In order to use Comin Services it is required that You register an account with Comin. You may register with Comin via social networks and/or by creating a unique Comin account. After registration you will have Your Account created, which will grant you access to Your Comin dashboard where You can manage Your purchase activities.


Currently Comin is undergoing its beta testing. You may participate in such testing by registering an Account, which will be rewarded with a special discount for Comin Services. Read more about beta testing and discount terms further in this Agreement.

BETA DISCLAIMER, REWARDS FOR PARTICIPATION

Comin is in beta version, which means, that the software’s code is still under development and is not at the level of performance or compatibility of a final, generally available product offering. Software may have limited functionality and may be substantially modified prior to full release of the product. Software provided “as is” without any warranty of any kind.

We appreciate Your participation in our beta testing, therefore we shall reward You. For taking part in the beta testing all participants of the beta shall be rewarded  with a certification code. Certification code will displayed in the dashboard, once you are registered. Certification code will provide you with a discount for further purchases via Comin and/or a one-time discount for a certain category of goods. Rewards shall be available upon launch of the final product. For more information of how to redeem Your reward, please contact us on our Website and/or via info@comin.com.

THIRD-PARTY SERVICES

Comin uses third-party services in order to perform its functions. Third-party services include, but are not limited to, payment processors, merchandise providers, website operators etc.

LIMITATION OF LIABILITY, INDEMNIFICATION

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, COMIN DOES NOT MAKE ANY PROMISES OR QUALITY DECLARATION ABOUT THE SERVICES RENDERED BY IT AND DOES NOT PROVIDE ANY GUARANTEES REGARDING THOSE SERVICES.

BY USING THE WEBSITE ITS PORTALS AND SERVICES YOU EXPLICITLY CONFIRM THAT YOU UNDERSTAND AND TAKE RESPONSIBILITY AND ASSUME ALL RISKS, DIRECT OR INDIRECT, RESULTING FROM THE USE OF THE WEBSITE WITHOUT LIMITATIONS.

COMIN AND ITS EMPLOYEES, MANAGEMENT, PARTNERS, SHAREHOLDERS, AND AGENTS DO NOT BEAR ANY RESPONSIBILITY FOR FAILURES OF ANY KIND OR SHUTDOWN OF THE WEBSITE RESULTING IN LOSS OF BUSINESS INFORMATION, PROFIT OR OTHER FINANCIAL LOSSES DUE TO CLAIMS OF ANY KIND, LOSSES, PETITIONS, ACTIONS OR OTHER EVENTS OCCURRING DUE TO VALIDITY OF THESE TERMS OF SERVICE INCLUDING WITHOUT LIMITATIONS THE WEBSITE NAVIGATION, USE, ACCESS TO ANY FILES OR THEIR PARTS. ALSO, ANY RIGHTS INCLUDING EVEN IN THE EVENT COMIN WAS ADVISED OF THE THEORETICAL POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF WHETHER THE OCCURRING EVENT AND DAMAGE WERE THE RESULT OF INFRINGEMENT ON INTELLECTUAL OR ANY OTHER PROPERTY, BASED ON A BREACH OF LAW, NEGLIGENCE, CONTRACT LIABILITIES OR OTHER SIMILAR CASES AND SITUATIONS, OR NOT.

COMIN BEARS NO LIABILITY FOR THE CORRECTNESS, COMPLETION AND UP-TO-DATENESS OF ANY INFORMATION PROVIDED BY PROVIDERS AND/OR ANY OTHER THIRD-PARTIES ON THE WEBSITE.

THERE MAY BE LINKS TO THIRD-PARTY WEBSITES ON THIS WEBSITE. SUCH LINKS ARE PROVIDED SOLELY FOR THE CONVENIENCE OF THE USER. COMIN SHALL NOT BEAR ANY LIABILITY IN CASE OF ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, DUE TO A VISITATION ORIGINATING FROM COMIN, OR TO THE USE OF SERVICES FROM THIRD-PARTY WEBSITES.

MOREOVER, CONSENTING TO THE TERMS OF THIS AGREEMENT, THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD COMIN, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS AND AGENTS (COLLECTIVELY, THE "COMIN PARTIES") HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) INCURRED BY ANY COMIN PARTY AS A RESULT OF, OR IN CONNECTION WITH, ANY BREACH OR ALLEGED BREACH BY THE USER OR ANYONE ACTING ON THE USER’S BEHALF OF ANY OF THE TERMS OF THIS AGREEMENT.

DATA PROTECTION

In order to receive complete Comin Service functionality and get access to all of the Comin features, You are required to provide certain private information. We respect the confidentiality of private and personal information of all cooperating parties.However, there is no perfect secure method of protecting information during its storage, processing, and transfer into electronic form, We do not give the full warranty of its complete safety, despite all efforts made by the Comin.
For more information about the procedure of collection, use, and/or disclosure of the User’s confidential information, please read the Privacy Policy. The User is strongly advised to become familiar with Privacy Policy.

INTELLECTUAL PROPERTY

All of the Website assets, including the system of organization and presentation of the materials at the Website, are the property of Comin. These materials include but are not limited to, the design, layout, look appearance etc. Website and its materials are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.

Unconditioned use and reproduction of the materials presented at the Website without the written permission of Comin is prohibited.

You may only use the Website (including all the related materials to it) for Your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Comin materials.

WEBSITE UPDATES

We regularly update technical, content and other information on the Website. However, we make no claim in guaranteeing the completeness, accuracy, and compliance of the information provided at the Website. We are able to add, review or delete information, resources, and services posted on the Website.

SOFTWARE AND COMPUTER VIRUSES

At times, Website failures may happen due to an Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Website pages may occur. Similarly, the Website pages may contain malicious code or programs infected with computer viruses.

We are not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Website, the access to any information on the Website, or the downloading of any files from the Website. Comin does not purposely distribute any kinds of viruses, however the Company strongly encourages the use of anti-virus software or other protective programs during interaction with all Websites.

FORCE MAJEURE

In no event shall Comin be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

APPLICABLE LAW

These Terms of Service shall be governed by and construed in accordance with Ukrainian law. Any disputes relating to these Terms of Service shall be subject to the exclusive jurisdiction of the courts of Ukraine.

SEVERABILITY

Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

ASSIGNMENT

The User may not assign or transfer any of User’s rights or obligations under these Terms of Service without Company’s prior written consent. The Company may assign or transfer any or all of Company’s rights under these Terms of Service, in whole or in part, without obtaining User’s consent or approval.

WAIVER

Company’s failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

HEADINGS

Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms thereof.

CONTACT US

Should You have any questions or comments regarding the Terms of Service, You may contact via Contact us option on our Website or via email info@comin.co.

NOTE: There is a space designated for You to write the message to us. Please be attentive when writing the message. You bear sole responsibility for the information You disclose in the designated space. Do not write any information that You are not willing to disclose.

Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of Our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.