9. DISCLAIMER OF WARRANTIES
9.1. The Company's System and the Company's Information Space operate on an "as is" basis with no guarantees regarding quality or suitability for a particular purpose, expressed or implied. The Company does not guarantee that the Company's System or Information Space will operate without interruption or error-free. However, the Company will take all reasonable measures to ensure that the Company's System and Information Space work properly. The Company does not guarantee and is not liable for the location and timing of placement of advertising materials, Clicks/Impressions (or any other Actions), as well as for a possibility of advertising materials not being placed.
10.1. Neither Party shall have the right, unless otherwise explicitly provided by Contract, to disclose or in any other way directly or indirectly reveal any information on any documents and/or information (including of legal, commercial, technical or organizational in nature) that it has, or which it received from any entities, or which was made available in any manner in connection with the Contract or in the course of its execution.
10.2. Neither Party has the right to use the information and documents, which are confidential under the Contract, independently for personal purposes or for profit outside the execution of the Contract.
10.3. For the purposes of the Contract, confidential information is defined as any scientific, technical, technological, commercial, organizational or other information that has actual or potential commercial value to the Parties under the Contract by virtue of it being unknown to third parties who could benefit from its disclosure or use, and to which there is no free access for legitimate purposes, and which is adequately protected due to its valuable nature.
10.4. Each Party shall ensure that such information is kept confidential by its employees, auditors, consultants, technicians and other persons that gain access to this information in connection with the conclusion and execution of the Contract, and shall be responsible for their compliance with confidentiality in regards to the information received.
10.5. The Advertiser shall have the right to make a statement, including to the public, that the Contract has been concluded between the Parties concerned, only after receiving written consent from the Company and without disclosing the specific conditions. The form and content of such a statement must be approved in writing by the Company.
10.6. The conditions referred to in Section 10 do not extend to the cases referred to in paragraphs 4.9 and 7.1.9 of the Offer.
11. FORCE MAJEURE
11.1. Each Party is exempt from liability for non-fulfillment or improper fulfillment of its obligations under the Contract in the case of force majeure.
11.2. For the purposes of the Contract, force majeure circumstances mean an unavoidable and unexpected emergency that prevents or objectively affects the fulfillment of the Contract and that the Parties could not foresee and/or prevent through reasonable measures.
11.3. A Party pleading force majeure shall notify the other Party in writing of such circumstances within 5 (five) calendar days from the date of the onset of such circumstances.
11.4. If a Party pleading force majeure fails to duly notify the other Party of such circumstances, the Party claiming force majeure loses the right to plead the aforementioned circumstances in the event of non-performance or improper performance of their obligations under the Contract.
12. TERMS AND DURATION OF THE CONTRACT. CANCELLATION OF THE OFFER. TERMINATION OF THE CONTRACT
12.1. This Offer is published and shall enter into force upon October 01, 2021 and shall remain in effect until its cancellation by the Company. The Contract, which was concluded as a result of acceptance of the present Offer, shall be deemed valid from the moment of the Advertiser's acceptance of the Offer, extends its effect to the relations of the Parties from October 01, 2021 and is valid until its termination on one of the grounds stipulated by the current applicable laws and/or by this Offer.
12.2. Either Party may at any time unilaterally and extra-judicially terminate the Contract upon notice to the other Party no less than 10 (ten) calendar days prior to the intended date of termination of the Contract. Notice of termination of the Contract by either Party must be sent by registered mail paid by the sender, or may be delivered by the Parties or representatives of the Parties in the Parties' offices. The specified documents may be duplicated by email and/or fax.
12.3. If the Advertiser unilaterally refuses to fulfill obligations under the Contract, the Advertiser must reimburse the Company any documented expenses incurred in connection with the provision of services under the Contract and pay an amount of remuneration commensurate with actual rendered services under the Contract.
12.4. If the Advertiser violates any obligations and/or guarantees under the Contract, the Company shall be entitled to unilaterally terminate the Contract without any compensation to the Advertiser for losses resulting from such termination, by notifying the Advertiser of the termination at least 2 (two) calendar days before the date of termination of the Contract.
12.5. The Company shall have the right, at any time, to withdraw the Offer, by notifying the Advertiser at least 1 (one) calendar day in advance by posting a notice on the Internet at https://target.my.com/doc/offer/
. The Contract, which was concluded by the Advertiser's acceptance of this Offer, shall cease from the date when the Offer is deemed terminated in accordance with the notice of revocation.
13. AMENDING THE OFFER AND THE CONTRACT
13.1. The Company has the right to unilaterally modify the conditions of the present Offer by publishing new revisions or amendments on the website of the Company at https://target.my.com/doc/offer
. Changes shall come into force upon posting of the modified Offer's text on the Company's website at https://target.my.com/doc/offer
. The Advertiser shall regularly check for new versions and agrees to follow the rules of the new versions.
13.2. If the Advertiser disagrees with the new version of the Offer, the Advertiser shall notify the Company of its unilateral withdrawal from the Contract, in writing, within 3 (three) days from the date the revised Offer enters force. Otherwise, the revised Offer shall be deemed accepted by the Advertiser.
13.3. The Company places all previous versions of the Offer online at https://target.my.com/adv/doc/archive
, with an indication of the period of validity of each version.
13.4. A change in the Offer results in a corresponding change in the conditions of the Contract, which was concluded by acceptance of the current Offer. This corresponding change enters force when the modified Offer enters force.
14. OTHER PROVISIONS
14.1. This Offer, terms of services shall be regulated by the laws of England and Wales. Disputes between the Parties in connection with the conclusion, performance and termination of the Contract, shall be subject to review in the court of law for the Company's location.
14.2. Compliance with a pretrial claim process is mandatory. Claims must be sent and signed by authorized representatives of the Parties and shall be considered by the Party receiving the claim, within 10 (ten) calendar days from the date of receipt.
14.3. Written documents (including letters, notices, requirements, etc.) under the Contract may be submitted by one Party to the other by hand or by registered letter with return receipt. Copies of these documents may also be sent by fax or email. The original of the sent document must be provided.
14.4. Any notice sent by fax or email is deemed to have been received by a Party, provided that the other Party has proof that the notice was sent (both in writing and in electronic form) on the same day it was sent by said other Party.
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