Сторонами настоящего соглашения (далее - "Соглашение") являются:
ООО "Пальмариус" ("Пальмариус"), ИНН 7017392408, КПП 701701001, ОГРН 1157017023569, юридический адрес: 634006, г. Томск, Пушкина 56-26, в лице генерального директора Игоря Дмитриевича Шубина, действующего на основании Устава (далее - "Пальмариус") , с одной стороны, и
Физическое лицо, дееспособное в соответствии с законодательством Российской Федерации, или юридическое лицо, дееспособное в соответствии с законодательством Российской Федерации, принявшее условия настоящего Договора (далее-партнер), с другой стороны,,
and together referred to as the "Parties" have entered into this Agreement as follows.
1. Terms used in the Agreement
1.1. "Platform" - websites owned by Palmarius or its partners, including palmarius.org, palmarius.ru, as well as palmarius client mobile applications designed to search for goods and services.
1.2. "Site" - a set of data (web pages) posted on the Internet, united by a single theme, design and a single address space of the palmarius.ru domain and its subdomains. The start page of the Site is located on the Internet at https://palmarius.org
1.3. "учетная" - a set of electronic data (protected by the technical means of the Platform), communicated by the Partner on the Platform, allowing the Partner to be individualized.
1.4. "Content" - any information and software content of the Platform, including but not limited to: texts, reviews, comments, announcements, photos and / or video materials, design elements, illustrations, scripts, computer programs (including games and applications), databases posted on the Platform.
1.5. "Offers" - goods and services provided by the Partner to third parties on the terms determined by the Partner on the Platform.
The services include: transportation of passengers, excursion services, temporary accommodation services, as well as related services (insurance, transport services, information services, etc.), which are searched for using the Platform.
The goods include: ready-made meals (food), food, souvenirs, consumer goods, etc.
1.6. "Client" - individuals and / or legal entities expressing their intention to conclude transactions with a Partner aimed at purchasing Offers, as well as individuals and / or legal entities who have made a Transaction with the Partner.
1.7. "Deal" - a service agreement concluded between the Partner and a third party using the technical means of the Platform. The moment of conclusion of the Transaction is the moment when the Client confirms his readiness to purchase the Offers (using the technical means of the Platform by making a Pre-payment).
1.9. "Advance Payment" - full or partial payment of the Proposals by a third party prior to their submission by the Partner, on the terms determined by the Partner on the Platform.
2. Subject of the Agreement
2.1. Under this Agreement, the Partner instructs Palmarius, and Palmarius undertakes, for a fee on his own behalf, but at the expense of the Partner, to execute the Partner's order, namely: to take actions to ensure the attraction and informing of Clients expressing their intention to make Transactions (by providing the Partner with the opportunity to use the Platform); provide the Client and the Partner with the technical ability to conclude Transactions by using the Platform; inform the Partner via electronic communication channels about the Client's intention to complete the Transaction; at the time the Client and the Partner conclude each Transaction - accept from the Client on behalf and at the expense of the Partner the Advance payment for the Proposals, and in cases, in the amount and in the manner prescribed by the terms of the Transaction); after the Client's advance payment of the Transaction concluded with the Partner, transfer to the Client and the Partner each other's contact information and inform the Client about all information received from the Partner regarding the execution of the Transaction.
2.2. Palmarius does not conclude Transactions with Clients on behalf of the Partner.
3. Rights and obligations of the Parties
3.1. The partner undertakes:
3.1.1. Post on the Platform information about the Offers only under your Account, which allows the Clients and Palmarius to reliably establish that the information about the Offers is posted by the Partner.
3.1.2. Not post on the Platform in the public domain (including among the information about the Offers) your contact information (including phone number, e-mail address) and not provide the Client with the specified data independently in any way (including indirectly outside the Platform), until Advance fees.
3.1.3. When creating an Account, post up-to-date information about yourself that allows you to individualize the Partner, as well as information about the Offers, in a reliable, correct and complete form and maintain it in this state. When creating an Account, the Partner is obliged to transfer Palmarius (by uploading to the Platform using the software provided on the Platform when creating an Account) a scanned copy of all completed pages of the identity document, as well as indicate the correct details in the selected payment system from those presented in the personal account (including, but not limited to: PayPal, Yandex money, Bank transfer). The Partner is obliged to keep the information uploaded to the Platform (payment system details, scanned copy of the passport, details of the legal entity) up to date, otherwise, if Palmarius detects a violation of this obligation, Palmarius has the right to delete the Partner's Account, thereby unilaterally and out of court from this Agreement, without reimbursing the Partner for any losses.
3.1.4. Timely notify Palmarius of the change in the details of the Partner and the person authorized to execute the contract on his behalf.
3.1.5. Maintain the confidentiality of the Username and Password of the Account, as well as be responsible for any own actions and actions of third parties committed while using the Account.
3.1.6. Have only one Account on the Platform.
3.1.7. Inform Palmarius about all cases of use of the Account by third parties that have become known to the Partner.
3.1.8. When making Transactions, do not violate the laws of the country where such services are provided.
3.1.9. Under the threat of deleting the data and / or Account posted by the Partner on the Platform, not to post on the Platform information (data) prohibited by the legislation of the Russian Federation and this Agreement.
3.1.10. Do not harm the Platform and do not perform actions that can knowingly cause complete or partial loss of data on the Platform, as well as the reason for the provider blocking access to an unlimited number of users to the Platform.
3.1.11. Not to advertise goods and services of third parties using the Platform, not to post information on contacts of third parties on the Platform, not to provide third parties with the right to use the Platform under the Partner's Account.
3.1.12. Not to post information, materials and other data on the Platform in violation of the legislation of the Russian Federation, including the legislation of the Russian Federation on intellectual property.
3.1.13. Fully exercise the rights and obligations under the Transactions concluded with the Clients, except for those rights and obligations that Palmarius exercises and bears on its own behalf and at the expense of the Partner or on behalf and at the expense of the Partner under the terms of this Agreement.
3.1.14. Under the threat of unilateral extrajudicial refusal of Palmarius to fulfill this Agreement, not to violate the “Rules for the use of materials posted on the Platform by the Partner, provided for in Section 7 of this Agreement. Information Security of the Platform
3.1.15. When attracting through your own Internet resources, place the identifier assigned to the Partner in the HTML code of Internet resources and / or mobile applications. In case of failure to comply with the specified rule, accounting under clause 3.3.4 is not carried out, the Partner is not paid remuneration.
3.1.16. Immediately inform Palmarius of all cases of failures, inaccuracies and errors in the Platform.
3.1.17. Upon request, Palmarius provide a report on ongoing activities to promote the Platform.
3.1.18. Do not send emails and other messages (spam) to Internet users without their prior consent.
3.1.19. Do not post links to the Platform and other promotional materials of Palmarius on third-party sites without the explicit consent of the owners of these sites.
3.1.20. Do not create a parasitic load on the Platform. The parasitic load is understood as the use by the audience of the Platform Partner's Internet resources for other purposes (not for the purpose of searching and subsequent purchase of goods and services).
3.1.21. Do not use motivated traffic for keyword promotion in app stores.
3.1.22. Not to use domains, names, identification means, the names of which are consonant with the name of the Platform, as well as Internet resources or identification means of Palmarius Partners, which are present as a result of the issuance of search queries for Internet services, to promote the Platform.
3.1.23. Do not use the means of identification of Palmarius, its Partners and competitors, including the trademark, logo, brand and / or domain name, to conduct advertising campaigns in contextual advertising systems. Under the Palmarius brands, within the framework of this agreement, it should be understood any spelling of the Palmarius trademark, including transliteration in Slavic languages (palmarius, palmaris, palmares and other consonant spellings).
3.1.24. Do not take actions that mislead the user regarding the functionality, method of operation and consumer properties of the Platform, actions prohibited by law, as well as any actions that may harm the business reputation of Palmarius, its partners and / or Palmarius may be involved in litigation, the subject of which, inter alia, but not limited to, are disputes about rights to the results of intellectual activity and / or means of individualization, disputes with consumers, disputes with government authorities regarding the taxation of the Partner, as well as the need for the Partner to obtain permits to carry out activities.
3.2. The partner has the right:
3.2.1. Apply to Palmarius with a request to restore a suspended (blocked) Account, if the Partner has reason to believe that the Account was blocked by Palmarius without reason and / or erroneously.
3.2.2. Contact Palmarius with a request to restore the Partner's materials previously deleted by Palmarius on the Platform, if the Partner has reason to believe that the said materials were posted on the Platform without violating the terms of this Agreement and / or the current legislation of the Russian Federation.
3.2.3. Make changes to information about goods and services (taking into account the fact that the Transactions concluded by the Partner with the Clients and paid by the Clients on the conditions in force before the change in information about the goods and services must be executed by the Partner on the previous conditions, without taking into account such changes).
3.2.4. Conclude an additional agreement for the implementation of services in order to register your own accommodation facility on the Palmarius Platform and generate automatic personal offers (personal links) to users of the Platform with an offer of accommodation in this accommodation facility.
3.2.5. In case of disagreement with the terms of cancellation of the booking of goods and services specified in clause 4.5. of this agreement, independently determine the conditions for the refund in the section "Conditions of booking cancellation".
3.2.6. Place funds on the balance of the Partner's Personal Account for further payment for the services rendered by Palmarius.
3.3. Palmarius undertakes:
3.3.1. обеспечивать работоспособность платформы, информировать партнера о возможных изменениях в работе.
3.3.2. зарегистрировать партнера в партнерской сети Palmarius, присвоить индивидуальный идентификационный код, предоставить реквизиты доступа к Личному кабинету партнера на сайте palmarius.org
3.3.3. во исполнение обязательств, предусмотренных настоящим соглашением, предоставлять партнеру доступ к платформе и рассматривать заявки на размещение информации о товарах и услугах на платформе.
3.3.4. отслеживать покупки товаров и услуг, совершенные клиентами, привлеченными партнером в результате использования платформы.
3.3.5. информировать клиентов об общих условиях и порядке заключения сделок через платформу.
3.3.6. After the Client expresses his intention to complete the Transaction (by pressing the button "Order" or "Book" by the Client on the Platform page, entitled: "Booking a tour", "Booking an excursion", "Booking a service", "Ordering goods"), notify the Partner when assistance of the technical means of the Platform on the Client's intention to complete the Transaction (on the receipt of the Client's application).
3.3.7. Pay remuneration to the Partner in the manner and amount established in accordance with section 5 of this Agreement.
3.3.8. используя технические средства платформы или иными способами, не запрещенными законодательством Российской Федерации, принимать от клиента от имени и за счет партнера авансовый платеж за товары и услуги по каждой сделке и перечислять (перечислять) полученный авансовый платеж партнеру через платежную систему, выбранную в личном кабинете. по умолчанию или иными способами, не запрещенными законодательством Российской Федерации, за вычетом (удержанием) вознаграждения за Пальмариус, которое производится в порядке, установленном настоящим договором.
3.3.9. после предварительной оплаты клиентом товаров и услуг сообщить клиенту контактную информацию (номер телефона, адрес электронной почты) партнера и направить клиенту документ, подтверждающий предоплату (билет), а партнеру-контактную информацию клиента (номер телефона, адрес электронной почты).
3.3.10. In case of unilateral refusal of the Client and / or the Partner from the execution of the Transaction - to return on his own behalf and at the expense of the Partner the amount of the Advance payment previously paid by the Client (in the cases, in the amount and in the manner stipulated by the terms of the Transaction) to the same bank card with which The Client has made an Advance Payment.
3.3.11. Consider the Partner's requests (in accordance with clauses 3.2.1. And 3.2.2. Of this Agreement) and, if there are grounds and the possibility, within a reasonable time, to restore the Partner's Account and / or the Partner's materials previously removed from the Platform.
3.3.12. Inform the Client about all information received from the Partner regarding the execution of the Transaction (including about the Partner's refusal to execute the Transaction).
3.3.13. Provide consultations and provide the Partner with information on the operation of the Platform, necessary for the Partner to fulfill his duties. Consultations are provided by e-mail firstname.lastname@example.org from 10-00 to 18-00 (time zone +7 GMT) from Monday to Friday.
3.4. Palmarius has the right to:
3.4.1. Via electronic communication channels, request from the Partner any information about the Partner necessary for the execution of this Agreement, including, but not limited to: a detailed description of the Proposals, the route of the excursion, the cost, the maximum number of Clients, etc. If the Partner refuses to provide the data specified in this clause, Palmarius has the right to unilaterally and extrajudicially refuse to execute this Agreement (not allowing goods and services to be posted on the Platform).
3.4.2. At any time before posting information about the Partner's Proposals on the Platform (or after posting such information), conduct negotiations with the Partner (including in the format of an interview via electronic communication channels) to clarify the parameters and conditions for the provision of services by the Partner and the conditions for purchasing the posted goods. When clarifying at the interview the facts of discrepancy between the services provided by the Partner or the conditions for the acquisition of the placed goods with the provisions of the legislation of the Russian Federation, and / or the provisions of the legislation of the country of provision of services, and / or the terms of this Agreement, Palmarius has the right to unilaterally and out of court refuse to execute this Agreement (not allowing the goods and services to be placed on the Platform).
3.4.3. Change in any way the Content of the Platform (including the content of information posted by the Partner about the Offers), its design and its software applications.
3.4.4. Temporarily (for any more or less lengthy period) suspend the operation of the Platform or its individual parts (components) without agreement with the Partner.
3.4.5. In any form available to the Partner (by posting information on the Platform, by notification via electronic communication channels and in other ways), set additional conditions and restrictions on the use of the Platform for the Partner, including: the maximum storage period for information posted by the Partner on the Platform, the maximum amount of file storage, assigned to the Partner.
3.4.6. Without warning the Partner, delete from the Platform the data posted by the Partner (including in violation of this Agreement and / or the current legislation of the Russian Federation).
3.4.7. Suspend (block) or delete the Partner's Account without warning the Partner and without reimbursement of losses to the Partner (including when posting data on the Platform in violation of this Agreement and / or the current legislation of the Russian Federation).
3.4.8. Delete or reject the placement of information by the Partner on the Platform if it is posted by the Partner in violation of the laws of the Russian Federation, including the legislation of the Russian Federation on intellectual property.
3.4.9. Send personal offers (personal links) to the Partner's Clients in any available way, with the obligatory inclusion of the Partner's identifier code if the Partner's Clients have agreed to receive such links when ordering or paying for Offers on palmarius.org
4. Execution of the Agreement, delivery-acceptance of services rendered
4.1. Palmarius services to ensure the attraction of each Client expressing an intention to conclude a Transaction are considered to be provided to the Partner after each conclusion of a Transaction by each Client using the technical means of the Platform.
4.2. Not later than 24 (twenty four) hours from the moment of the Advance payment by each Client for each concluded Transaction, Palmarius sends the Partner a notice of Advance payment (by e-mail or using the technical means of the Platform), which is at the same time an agency report of Palmarius (hereinafter referred to as the "Report").
4.3. A partner who has objections to the Report is obliged to inform Palmarius about them within 24 (twenty four) hours from the date of receipt of this Report. Otherwise, the Report is considered accepted by the Partner.
4.4. If the Client concludes a transaction through the Palmarius Platform without making an advance payment, by choosing an offline payment, within 7 (seven) calendar days after the Partner has provided services or the sale of goods, the Partner must receive payment for the services rendered in accordance with clause 4.1 in favor of Palmarius actual agreement. Otherwise, Palmarius reserves the right to block the partner's account, as well as to remove from publication all active Offers of the Partner.
4.5. The client has the right to unilaterally and extrajudicially refuse the transaction. The client's right to unilaterally out of court withdrawal from the transaction is determined by the "Cancellation Conditions" or "Refund Conditions", which are specified by the Offer Provider and are displayed in the details of each Offer. In the event of a discrepancy between the terms, the Customer will benefit from the "Cancellation Terms" or "Return Terms" established by the Offer Provider.
Otherwise, further refusal of the Client from the transaction is carried out on the conditions specified in clauses. 4.5.1-4.5.4 of this Agreement. In this case, Palmarius services previously recognized by the Parties as rendered are considered not rendered, which Palmarius notifies the Partner about by e-mail or using the technical means of the Platform
4.5.1 Offers of the "tour" type - no later than 15 (fifteen) calendar days before the start of the service.
4.5.2 Offers of the type "excursion", "service" - not later than 5 (five) calendar days before the start of the service.
4.5.3 Offers of the type: "ready meals (food)", "foodstuffs" - no later than 1 hour before the date and time of delivery or pickup.
4.5.4 Offers of the type: "souvenirs", "consumer goods" - no later than 8 hours before the date and time of delivery or pickup.
4.6. In the event of a unilateral out-of-court refusal by the Partner to execute a specific Transaction, Palmarius services are considered rendered and are payable in accordance with the terms of this Agreement.
5. Remuneration of the Partner and settlement procedure
5.1. Palmarius pays the Partner's remuneration for attracting clients for the actually booked and paid goods and services by the Clients attracted by the Partner.
5.2. To calculate the Partner's remuneration, all transitions made to the Internet services using links containing the identifier code assigned to the Partner are accepted. This takes into account the sales of goods and services made from personal computers or mobile devices of users within 30 days from the moment the Client first went to the Palmarius website. Customer accounting is based on cookies installed in users' browsers. Sales Offers made through mobile applications installed with an identifier code assigned to the Partner are taken into account from the moment the user installs it until the user changes the identifier code in the application settings at their own discretion.
5.3. The amount of the Partner's remuneration is determined depending on the amount of income Palmarius received in a month as a result of the purchase of goods and services by the Clients attracted by the Partner. When Palmarius earns up to $ 1999, the Partner's remuneration is 50%. With Palmarius income of $ 2,000 or more, the Partner's remuneration is 60%.
5.4. Palmarius withholds the Remuneration due to it under this Agreement from all amounts accepted by Palmarius on its own behalf and at the expense of the Partner from the Clients and to be transferred to the Partner under this Agreement.
5.5. The payment of remuneration to the Partner is carried out by non-cash transfer of funds to the Partner's current account and is displayed in the personal account of each partner on the main page.
5.6. Palmarius provides the Partner with information about the Partner's income in real time in the Partner's Personal Account on the Palmarius Platform in one of the selected currencies: US dollar, Israeli new shekel, euro, Russian ruble. The currency is selected once and then can be changed only for technical reasons by contacting the technical service. support.
5.7. The Partner can withdraw the remuneration from the balance of the Platform's Personal Account in the currency specified in clause 5.6. actual agreement.
5.8. A partner can automate the process of paying remuneration by activating the "Auto Withdraw" function in the partner's personal account settings and setting the minimum threshold for withdrawing remuneration. In this case, the remuneration will be automatically transferred to the Partner in the period specified by him, if the amount to be paid has exceeded the minimum threshold.
5.9. If the amount of the partner remuneration for the reporting month is less than 10,000 (ten thousand) rubles or the equivalent in any other currency, Palmarius makes payment when the amount of the remuneration exceeds 10,000 (ten thousand) rubles, but at least once a year, the last calendar day of the year. This condition also applies to the "auto-withdrawal" function.
5.10. In the event of the unilateral refusal of the Client to execute a specific Transaction and recognition of Palmarius's services as not provided (in accordance with clause 4.5. Of the Agreement), Palmarius, within the period stipulated by the terms of the Transaction, undertakes, on behalf and at the expense of the Partner, to return to the Client the amount of the Advance payment previously paid by the Client, for which the Partner, within a reasonable time, undertakes to transfer the funds received by him from Palmarius under this Transaction to Palmarius.
6. Responsibility of the Parties
6.1. For non-fulfillment and / or improper fulfillment of the obligations provided for by this Agreement, the Parties are responsible in accordance with the current legislation of the Russian Federation.
6.2. Palmarius shall indemnify the losses caused to the Partner as a result of non-performance / improper performance of this Agreement by Palmarius, in an amount not exceeding the Palmarius Remuneration.
6.3. Palmarius is not responsible for the temporary suspension of the operation of the Platform (clause 3.4.4. Of this Agreement) and its consequences.
6.4. Palmarius is not responsible for the possible deletion of the data posted on the Platform by the Partner and the consequences of such deletion related to the peculiarities of the Platform's functioning, as well as for the impossibility of storing some data posted by the Partner (including those of an illegal nature, as well as exceeding the technical capabilities of the Platform). The Partner is obliged to monitor the availability of the data posted by him on the Platform, and, if necessary, supplement or re-post the specified data.
6.5. The Partner is liable for losses stipulated by the legislation of the Russian Federation for losses caused to third parties (including Palmarius and Clients) as a result of placing false, inaccurate, inaccurate data on the Platform (including in the Account); information containing information that offends the honor, dignity and reputation of third parties (including Palmarius and the Client); information containing defamation, threats to third parties; information related to manifestations of extremist activity; data containing computer viruses and other computer programs, aimed in particular at causing harm, unauthorized intrusion, secret illegal interception of data or misappropriation of data in other ways.
6.6. The Platform is a means of transmitting information and Palmarius is not liable to the Partner and / or other third parties for the accuracy and / or relevance of the information posted on the Platform.
6.7. Palmarius is not obliged to represent the interests of the Partner in the event of disagreements between the Partner and the Client that may arise during the execution of the Transaction.
6.8. Palmarius is not responsible for the Partner's performance of the Transaction, except for cases when the execution of actions to execute certain conditions of the Transaction is entrusted to Palmarius in accordance with this Agreement.
7. Rules for the Partner's use of materials posted on the Platform. Information security of the Platform
7.1. The Partner is responsible for the accuracy and / or relevance of the information provided by the Partner to Palmarius.
7.2. By using the Platform, the Partner undertakes not to violate or attempt to violate the information security of the Platform, which includes:
7.2.1. access to any information not intended for use by the Partner or logging into an Account that does not belong to the Partner;
7.2.2. restricting or blocking access to the Platform data;
7.2.3. attempts to check the vulnerability of the Platform's security system, violation of the registration and authorization procedures without the permission of Palmarius.
7.2.4. unauthorized distortion or destruction of data.
7.3. Palmarius makes every possible effort to avoid unauthorized use of the personal data of users of the Platform.
7.4. All exclusive rights to texts (descriptions of goods and services, any other text materials) posted on the Platform belong to their copyright holders. If the Partner is not the copyright holder for the texts, the Partner does not have the right to use the texts posted on the Platform in any way without the permission of the copyright holder (including the Partner does not have the right to copy the texts and distribute them; The Partner does not have the right to use the Platform, as well as any information and materials posted on the Platform, for commercial purposes without the prior written permission of the copyright holder). When the Partner provides Palmarius with texts describing goods and services for further revision and posting on the Platform, the Partner, accepting this Agreement, agrees to Palmarius to revise and otherwise revise all texts provided by the Partner, as well as to post the revised texts on the Platform. At the same time, exclusive rights to texts resulting from creative processing and other revision of Palmarius texts provided by the Partner belong to Palmarius. Due to the fact that Palmarius processes the texts of the Partners for further placement of the revised texts on the Platform in order to inform the Clients as efficiently as possible about the goods and services and, ultimately, for the effective sale of the goods and services by the Partner (thus, Palmarius does not use the texts of the Partners to obtain own profit or other benefit), Palmarius does not pay the Partner remuneration for the use and processing of the Partner's texts.
7.5. When creating an Account on the Platform, the Partner confirms that the information posted by the Partner on the Platform (including through correspondence with other users of the Platform by using the technical means of the Platform), including messages, has been disclosed by the Partner personally and of his own free will; Palmarius at any time at its discretion has the right to check all information posted by the Partner on the Platform, including information that the Partner exchanges with other users of the Platform (including by sending messages on the Platform), in order to:
- improving the quality of services provided on the Platform, ease of use, development of new services;
- ensuring the possibility of protecting the rights and legitimate interests of Palmarius;
8. Other conditions
8.1. The rights to administer the Platform, the rights to the appearance (design) and the software of the Platform belong to Palmarius, the Partner is not entitled to copy or otherwise reproduce the Content of the Platform, its design without the consent of Palmarius.
8.2. The Partner is warned that the Platform may contain links to third-party sites, for the content and reliability of which Palmarius is not responsible, as well as Palmarius is not responsible for the consequences of clicking on these links.
8.3. The Partner is warned that the capabilities of the Platform for the Partner to post information in order to fulfill Palmarius's obligations under this Agreement are provided as they exist at the time of the conclusion of this Agreement, Palmarius is not obliged (but has the right) to add to the Content, design (appearance) and / or the software of the Platform any changes at the wishes and suggestions of the Partner.
8.4. Palmarius has the right to make any changes to this Agreement that do not contradict the legislation of the Russian Federation; when making changes, the date of the last update is indicated in the current version of the Agreement. The new version of the agreement comes into force from the moment it is posted on the Platform and is valid for all users who have accepted the previous version. The current version of the agreement is always on the page https://wiki.palmarius.org/docs
8.5. If after changing this Agreement in the manner provided for in clause 8.4. Of the Agreement, the Partner continues to use the services of Palmarius (including through the use of the Platform under the Account), the Partner is deemed to agree to the amendments to the Agreement made by Palmarius.
8.6. The Partner and Palmarius have the right to terminate this Agreement at any time after notifying the second Party (including by e-mail or using the technical means of the Platform), having previously settled all mutual settlements under the Agreement, while from the moment of termination of the Agreement as specified in this clause For this reason, the Partner loses the right to use the Account and the Platform under the Account.
8.7. On all issues not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
8.8. In the event of disputes and disagreements between the Parties under this Agreement or in connection with it, the Parties undertake to resolve them through negotiations.
8.9. In the event of discrepancies or any inconsistencies in the semantic content of the terms of this Agreement, the text of this Agreement in Russian shall prevail.
8.10. If any disputes, disagreements or claims arising out of or in connection with this Agreement, including those related to its execution, violation, termination or invalidity, are not resolved in accordance with clause 8.8. of this Agreement, the dispute between the Parties is considered in accordance with the current legislation of the Russian Federation in court at the location of Palmarius.
8.11. By concluding this Agreement, the Partner gives his consent to the processing of his personal data and to perform the following actions with them: collection, systematization, accumulation, storage, clarification (update, change), use, distribution, depersonalization, blocking, destruction of personal data, as well as transfer of such information to third parties in cases stipulated by the current legislation of the Russian Federation. This consent may be revoked by the Partner at any time by sending a written application to Palmarius. In case of withdrawal of consent, the Partner is obliged from the date of withdrawal of such consent not to use the functions and services of the Platform; and Palmarius has the right to block the Partner's Account from the date of receipt of the Partner's written application to withdraw consent.
8.12. The moment of conclusion of this Agreement is the moment when the Partner creates an Account. When concluding this Agreement, the Partner confirms his age (at least 18 years old) and his agreement with all the terms of this Agreement.