Public offer

Thecybernanny.com – a parental control serviceon the one hand, guided by the legislation and other normative legal acts that regulate the procedure for providing services of this type, sends a public offer to an individual and/or legal entity (hereinafter referred to as the Consumer) on the following conditions:

1. Terms and concepts used in the Public Offer:

1.1. A public offer is an offer to conclude a public contract for the provision of services in accordance with the conditions provided for in the public offer between an Enterprise and a capable and legally capable Consumer.

1.2. A public agreement is an agreement (transaction) between an Enterprise and a Consumer on the terms of a Public Offer. The transaction is considered completed at the time of acceptance by the Consumer of the terms of the offer (hereinafter referred to as the Agreement).

1.3. The Consumer is a legal and capable person to whom services will be provided in accordance with the procedure and on the terms of the Contract.

1.4. Services are the right to receive information by the Consumer regarding the activity on the Internet of persons, parents (adoptive parents), guardians, whose guardians are Consumers. The right to restrict access to the Internet to persons, parents (adoptive parents), guardians, whose guardians are Consumers. The right to restrict and control contact with electronic devices of persons, parents (adoptive parents), guardians, whose guardians are Consumers. The consumer obtains the rights specified in this paragraph using an application created by the Company by installing such an application on electronic media that meet the requirements and standards for its connection.

1.5. Acceptance is the unconditional and complete consent of the Consumer to conclude a Contract with the Company on the terms of a Public Offer.

1.6. Personal non–property rights are absolute subjective rights belonging to the Consumer and third parties. Personal non-property rights are inextricably linked with a person, are included in the content of legal capacity, arise from birth. In the interests of minors and minors, as well as adults with limited legal and/or legal capacity, their rights can be exercised by parents (adoptive parents), guardians, trustees who are Consumers according to the Contract.

1. The procedure for the provision of services

2.1. The Consumer is provided with services by the Enterprise on the terms of a Public offer and Contract, according to the package of services chosen by the Consumer.

2.2. The Company provides services to the Consumer uninterrupted, except in cases foreseen by the Public Offer.

2.3. The Company provides Services to the Consumer subject to the following conditions:

2.3.1. payment by the Consumer for the services of the Enterprise according to the package of services chosen by the Consumer;

2.3.2. full and unconditional acceptance by the Consumer of the Public Offer and the terms of the Contract;

2.3.3. whether the Company has the technical capability to provide services to the Consumer, according to the selected package of services by the Consumer;

2.3.4. availability of full legal and legal capacity of the Consumer;

2.3.5. providing the Consumer with consent to the collection, processing, storage of personal data during registration in the information and telecommunications system of the Enterprise by marking the granting of permission to process personal data.

2.4. The company provides the service for a Period that is set for the Consumer according to the package of services selected by the Consumer.

2.5. The company has the right to stop providing services to the Consumer in the following cases:

– if the Consumer’s actions show signs of violation of the terms of the Public Offer;

– if there are signs of violation of the terms of the Contract in the actions of the Consumer;

– if the services are used by the Consumer for the purpose of unauthorized interference in the personal life of third parties;

– if the services are used by the Consumer for the purpose of violating national security.

2.6. The consumer has the right to familiarize himself with the rules for the provision of services, which are posted on the official website of the Enterprise: https://thecybernanny.com/.

1. Subject and general terms of the Agreement

3.1. The Parties agreed that when implementing the Public Offer and the Contract, they are guided by the current legislation and free expression of will.

3.2. The subject of the Agreement is the provision of services by the Enterprise and payment for services provided by the Consumer on the terms and in accordance with the procedure provided for in the Public Offer (use of the application is free, payment is made for access to additional services).

3.3. The subject of this Public Offer is the intention to provide services by the Enterprise to the Consumer and receive payment for these services within the time limits stipulated by the Agreement (use of the application is free, payment is made for access to additional services).

3.4. The Services are provided by the Enterprise to the Consumer on the basis of an Agreement, which is concluded by performing an action by the Consumer, which indicates agreement with all the provisions of the Public Offer and agreement to adhere to the terms of this offer.

3.5. Acceptance of the terms of the Public Offer is confirmed as follows: The Contract is drawn up by accepting a Public Offer by the Consumer, which has all the basic terms of the Contract, through an agreement provided by the Consumer by means of electronic communication. The Parties do not need to sign the written form of the Agreement.

3.6. The Company has the right to provide a written form of the Contract, certified by the signature and seal of the Company, at the written request of the Consumer.

3.7. Full and unconditional acceptance of the offer is made at the time the Consumer signs the registration form or pays for the Company’s services. The consumer who has accepted the offer is considered to be familiar and such that he has agreed on all the terms of the Contract.

3.8. Acceptance is complete and unconditional if the Consumer, who received an offer to conclude a Contract, performed an action according to the instructions in the offer, which indicates the Consumer’s desire to conclude a Contract. The action performed by the Consumer is the acceptance of the offer and the actual conclusion of the Contract.

3.9. The date of conclusion of the Contract is the date of acceptance by the Consumer of the Company’s Public Offer.

1. Company Rights

4.1. Provide services to the Consumer according to the selected package of services.

4.2. Demand from the Consumer the information stated in the registration form to confirm it.

4.3. Stop providing services to the Consumer in the cases provided for in clause 2.5. of the Public Offer.

4.4. Demand from the Consumer full and timely payment for services according to the package of services chosen by the Consumer.

4.5. Receive, collect, store, process and use Consumer’s personal data in its own database in accordance with the Law “On Personal Data Protection”.

4.6. To demand from the Consumer compensation for losses caused to third parties and/or the Enterprise as a result of violation by the Consumer of clause 2.5. of the Public Offer.

4.7. Change the size and order of providing services to the Consumer no more than 1 (one) every 6 (six) calendar months.

1. The company undertakes to

5.1. Provide services to the Consumer in an appropriate manner according to the package of services chosen by the Consumer.

5.2. Notify the Consumer about changes in the order and/or terms of service using the communication channels specified by Consumers.

5.3. According to the package of services chosen by the Consumer, keep confidential the Consumer’s data obtained for the purpose of providing services.

5.4. Notify the competent law enforcement authorities about violations by the Consumer of the terms of clause 2.5. of the Public Offer.

5.5. Accept applications from the Consumer for changing devices connected to the services, sent in writing, or using electronic means of communication, or by filling out an interactive application form on the official website of the Enterprise.

5.6. Inform the Consumer about the list of certified equipment that can be connected to a public telecommunications network (at the request of the Consumer).

5.7. Warn the Consumer about the reduction of the list of services, temporary or complete termination of the provision of services, disconnection of the Consumer’s equipment in cases provided for by the Public Offer and the Contract, including due to non-payment of arrears for additional services rendered.

5.8. Upon termination of the provision of services, inform the Consumer about the terms for which the provision of services has ceased.

1. Consumer Rights

6.1. Receive services from the Company that meet the technical requirements established according to the package of services selected by the Consumer.

6.2. With the consent of the Company, change the type of service package.

6.3. Unilaterally refuse to perform the Contract in cases foreseen by the current legislation.

6.4. To change the package of services provided by the Enterprise by sending an appropriate electronic application in the prescribed form.

6.5. Independently choose devices for exchanging information with third parties, parents, adoptive parents, guardians, whose guardians are the Consumer.

6.6. Submit a written application via electronic communication or by filling out an interactive application on the official website of the Enterprise about changing the devices to which the services are attached.

6.7. Require non-disclosure of information about yourself and your loved ones, except in cases foreseen by law.

6.8. Accept the terms of the Agreement, in case of a change in the package of services provided by the Enterprise.

6.9. To challenge illegal actions of the Enterprise in the manner foreseen by the current legislation.

6.10. In cases provided for by law, to require the extraction of information (in whole or in part) about the Consumer and his family members from the electronic databases of the Enterprise by sending a written request by the Consumer.

1. The consumer undertakes to

7.1. To connect the Company’s services, provide authentic and complete information.

7.2. To connect the Company’s services, select exclusively the devices of persons, parents, adoptive parents, guardians, whose trustees are the Consumer.

7.3. Timely make payment for the Company’s services according to the selected package of services.

7.4. Compensate for losses caused by the Consumer to third parties and/or the Company as a result of violation of clause 2.5. of the Public Offer.

1. Payment for services by the Consumer to the Enterprise

8.1. Payment for the Company’s services is made in the amount according to the package of services chosen by the Consumer.

8.2. The Consumer pays for services by crediting the cost of services to the Company’s account in a non-cash form.

8.3. In accordance with regulatory documents, the Company has the right to receive payment for services from the Consumer independently or through third parties. The Company is not responsible for the poor-quality work of organizations that accept payments in favor of the Company from the Consumer.

8.4. The cost of the Company’s services is paid by the Consumer 1 (one) once a month from the moment of activation of the services.

8.5. The moment of fulfillment of the obligation to pay by the Consumer is the moment when funds are credited to the Company’s account.

The use of the application is free, payment is made for access to additional services.

1. Responsibility of the Parties

9.1. Both Parties are responsible, provided for by applicable law and the Public Offer, for non-fulfillment and/or improper fulfillment of the terms of the Public Offer and/or the Contract

9.2. The Company is not responsible for unauthorized dissemination of information by the Consumer in favor of third parties, except in cases provided for by applicable law.

9.3. In case of unauthorized interference by the Consumer into the personal life of third parties and/or violation of national security through the use of the Company’s services, the Consumer independently compensates all losses to third parties, the Company, the state.

9.4. The Consumer is solely responsible for unauthorized interference in the personal life of third parties and/or violation of national security through the use of the Company’s services. In the event of such interference, the Consumer independently bears civil, administrative, and criminal liability provided for by current legislation.

9.5. With this data, the Consumer confirms the reality of the intentions of using the Company’s services solely for the purpose of creating safe conditions for the Consumer and persons whose parents, adoptive parents, guardians, the trustees of which are the Consumer.

1. The order of consideration of the appeal

10.1. The consumer has the right to submit applications (proposals, statements, complaints, petitions, etc.) to the Company regarding the provision of services. Appeals are sent by the Consumer in any form that complies with current legislation.

10.2. The Company considers the Consumer’s request within a period not exceeding 30 (thirty) calendar days from the date of receipt of the request. The Company sends the Consumer a response to the request in the same way that the request was sent by the Consumer.

1. Privacy Policy

11.1. The Company has the right to collect and store personal information provided by the Consumer at the time of the first connection to the service. Such information includes surname, first name, patronymic, email address and other data necessary for the quality provision of services.

11.2. The Company has the right to use personal information in order to disseminate information about the service and product of its partners who are directly related to the Company’s services.

11.3. The Company may use the personal information received in order to:

11.3.1. surveys, conducting Consumer opinion research on satisfaction with the quality of the Company’s services used, methods and devices for using the Company’s services;

11.3.2. inform the Consumer about any additions, changes, updates of the services ordered by the Consumer;

11.3.3. inform the Consumer about the new services of the Enterprise;

11.3.4. inform the Consumer about promotions and special offers for the Company’s services.

11.4. The Company has no right to transfer information to third parties except in the following cases:

11.4.1. to transmit information to the contractors of the Enterprise in order to ensure high-quality provision of services by the Enterprise to the Consumer;

11.4.2. transmit information in order to protect the intellectual property right to the services;

11.4.3. transmit information in order to inform regulatory authorities about the fact of abuse of services by the Consumer;

11.4.4. transmit information when interacting with third parties in order to process legal requests of any form sent from the Consumer;

11.4.5. to transfer information on legal processes to the legal successors of the Enterprise or by way of derogation by the Enterprise of its rights and/or obligations to other legal entities;

11.4.6. to transmit information in case of liquidation, reorganization, merger, transformation of the Enterprise. In this case, the information received by the Enterprise about the Consumer will be considered as an asset of the Enterprise;

11.4.7. transmit information in other cases provided for by the Public Offer.

11.5. The Company guarantees that, when providing services, the Company uses all necessary technical means to ensure the protection of Consumer personal information from unauthorized distribution, use or theft.

11.6. The Consumer has the right to refuse to receive the information specified in clause 11.3 in the manner specified by the Company at the time of sending messages.

11.7. The Company has the right to collect, process and use additional information about the Consumer in order to identify the full legal capacity of the Consumer.

11.8. To determine the current location of the Child, the application uses the location in the background.

11.9. The consumer is solely responsible for updating his personal data in case of changes.

11.10. Upon refusal to use the services, the Company has the right to store the Consumer’s personal information for 1 month in order to use it for the purpose specified in paragraph 11.3 of this document.

11.11. If the Company violates the Privacy Policy, the Consumer has the right to protection and restoration of violated rights in accordance with the procedure and conditions provided for in the Public Offer.

11.12. The Company has the right to change the terms and Privacy Policy by informing the Consumer about such changes by sending appropriate messages to the Consumer’s email address and/or on publicly available resources about the Company’s services, for example, the website. In case of disagreement with the changes to the terms and conditions and the privacy policy, the Consumer must independently inform the Company about this in the manner specified by the Company when sending such messages.

11.13. A copy of our Privacy Policy is available here: https://thecybernanny.com/confidentiality /

1. Arbitration

12.1. In case of need for compensation for losses and/or the application of other sanctions, the Party whose rights or legitimate interests have been violated, for the purpose of pre-trial settlement of the dispute, has the right to apply to the other Party with a claim specifying the sanctions that are subject to recovery, including losses incurred by third parties.

12.2. The claim is considered by the other Party within 1 (one) calendar month from the date of receipt of the claim.

12.3. If the Party who violated property rights does not provide an answer to the claim within a month, or refuses to fully or partially withdraw the claim, the Party who sent the claim has the right to file a lawsuit to resume the violated rights and interests.

1. Transitional provisions

13.1. The Contract is concluded by the Parties on the terms of the Public Offer, which has the legal force of the Contract, in the manner and on the terms provided for by the Public Offer.

13.2. From the moment the Consumer accepts the Public Offer in the manner specified in the Public Offer, the Agreement enters into force and is valid for an indefinite period.

13.3. The Agreement is terminated if:

– termination of the Company’s service package due to the end of the connection period;

– unilateral withdrawal from the Contract, in accordance with the procedure provided for by applicable law;

– The Consumer violated clause 2.5 of the Public Offer;

– adoption of regulatory legal acts that make it impossible for an Enterprise to provide services;

– in other cases provided for by applicable law.

A copy of our Company’s Privacy Policy is available here: https://thecybernanny.com/confidentiality-2/