Terms of Service

Dispute resolution policy

biscarra SERVICE
DISPUTE RESOLUTION POLICY
Effective date – March 13, 2017

This biscarra Service Dispute Resolution Policy (the "Dispute Resolution Policy" or "Policy") governs resolution of disputes related to your use of the biscarra online interactive service available via the domain and website https://biscarra.com (the "biscarra Service"), which is provided and operated by Biscarra LLC, a company registered under PSRN 1173668030601, with its address at: app. 69, h. 37, Voronezh, Russia, represented by its General director, Evgenii Saveler, acting on the basis of the Articles of Association, and/or its subsidiaries or affiliates (collectively, the "Operator"). This Dispute Resolution Policy constitutes an integral part of the biscarra Terms of Service and the Offer Agreement governing your relationship with the Operator with respect to the biscarra Service and is a legally binding agreement between the person accepting the Terms of Service and the Offer Agreement and accessing and using the biscarra Service with the aim of receiving the Services as they are defined in the Terms of Service and the Offer Agreement ("You" or the "User") and the Operator governing resolution of disputes arising out of your use, or inability to use, the biscarra Service, the Services, and other disputes relating to the biscarra Service and the Services, and its provisions may be enforced against you under applicable law. Please read and review this Dispute Resolution Policy carefully. By accepting the Terms of Service and the Offer Agreement, using the biscarra Service and the Services, or otherwise accessing or using the biscarra Service, you acknowledge that you have read, understand and agree to be legally bound by this Dispute Resolution Policy without limitation. This Dispute Resolution Policy is subject to change; please review this Dispute Resolution Policy each time you access and/or use the biscarra Service. If you do not agree to the terms of resolution of disputes relating to the biscarra Service established by this Dispute Resolution Policy, you may not access or use the biscarra Service in any way as well as order and receive the Services.

This Policy forms an integral part of the biscarra Terms of Service and Offer Agreement as they are defined herein and applies solely and exclusively to disputes relating to the biscarra Service and the Services as they are defined in the Terms of Service and the Offer Agreement.

DEFINITIONS

For the purposes of this Dispute Resolution Policy the following definitions shall have the following meanings:

"Complainant" means any party with the express exclusion of the User that contacts the Operator with a Complaint. Complainants include, without territorial or jurisdictional restrictions:

individuals;

 • individual entrepreneurs and legal entities;

rights holders;

 • non-commercial and non-government organizations; and

 • government organizations and agencies, including but not limited to courts and law enforcement agencies.

"Complaint" means a formal complaint prepared and filed with the Operator by a Complainant against the User in accordance with this Policy.

"Response" means a formal response to a Complaint prepared and filed by the User woth the Operator once a Complaint was filed by a Claimant against the User in accordance with this Policy.

All other capitalized terms used in this Policy shall have meanings attributed to them in the Terms of Service.

GENERAL DISPUTE RESOLUTION PRINCIPLES

In respect of Complaints and disputes arising therefrom the Operator declares and follows the following guiding principles:

Applicable laws and fair review

The Operator declares that all disputes arising out of Complaints filed under this Policy shall be reviewed in accordance with applicable laws and fairly.

Presumption of User’s good faith

The Operator respects and appreciates its Users and relies on the Users’ compliance with applicable laws and regulatory requirements and use of the biscarra Service in good faith.

The Complaints review and dispute resolution procedure established by this Policy provides the Users with the ability to protect their rights and interests by means of filing non-anonymous and substantiated Responses to Complaints filed by the Claimants with respect to Users’ use of the biscarra Service, and the Claimants with the ability to file such formal Complaints. This Policy does not govern resolution of disputes between the Users and the Operator.

Filing of Complaints and Responses with the Operator and their review by the Operator under this Policy are free of charge.

The Operator does not consider anonymous Сomplaints and Сomplaints filed on behalf of third parties unless the appropriate representation of such parties’ interests is permitted by law and confirmed by a valid power of attorney.

The procedure established under this Policy may not be utilized by the Claimants for the purposes of obstruction of lawful dissemination of information, operation of the biscarra Service, or provision of Services by the Operator by means and with help of the biscarra Service.

DISPUTE RESOLUTION PROCEDURE

The dispute resolution procedure under this Policy is split into 5 sequential Stages:

Stage 1: Direct Communication between User and Claimant

Complainants believing that actions of the Users and their use of the biscarra Service somehow infringe or may potentially infringe their rights and legal interests must contact the relevant Users directly prior to filing Complaints under this Policy, as in most cases such direct interaction between the Complainants and Users allows to promptly and amicably resolve most complaints and disputes.

Stage 2: Preparing and Filing the Complaint

If a dispute is not amicably resolved directly between the User and the Claimant during Stage 1, the Claimant may file a formal Complaint with the Operator. However, the Complaint may be filed by the Claimant only if the Claimant received from the relevant User an express and explicit refusal to resolve the dispute amicably and comply with the Claimant’s demands.

The Complaint must be prepared in English and Russian and sent to the Operator via:

 • Operator’s e-mail for Complaints: support@biscarra.com; OR

 • biscarra Service "Feedback" section: https://biscarra.com/support.

The Сomplaint must contain:

 • accurate and complete information on the Сomplainant and, where applicable, information on Complainant’s legal representative and a copy of the power of attorney authorizing said representative to represent the Claimant before the Operator and file the Complaint;

 • information on the relevant User against which the Complaint is filed;

 • detailed description of User’s actions or inaction that the Claimant believes to somehow infringed or potentially infringe Claimant’s rights and legal interests, together with the description of said infringed rights and interests;

 • detailed and direct references to legal acts on which Claimant’s requests and demands contained the Complaint are based;

 • copy or screenshot of User’s express and explicit refusal to resolve the dispute amicably and comply with the Claimant’s demands under Stage 1 of this procedure;

 • means of communication with the Complainant and/or its legal representative, including a valid e-mail address, phone number, and mailing address.

 • The Сomplaint may be supplemented with additional information in electronic form supporting the Complaint, which cannot exceed 10 Mb size.

 • A single Complaint may contain information on several instances of infringement or potential infringement of Claimant’s rights and legal interests.

 • The Operator reserves the right to not consider Complaints the contents of which do not comply with the requirements of this Section of the Policy.

Stage 3: Preliminary Review of Complaint; User’s Response

Once the Сomplaint is filed by the Complainant and received by the Operator, the Operator sends to Complainant’s e-mail address specified in the Complaint the confirmation of receipt of the Complaint and commences the preliminary review of the Complaint, which takes up to 15 (Fifteen) business days as of receipt of the Complaint by the Operator.

If during the preliminary review of the Complaint the Operator, in its sole discretion, comes to the conclusion that the Complaint does not meet the requirements of this Policy, the Operator sends to the e-mail address specified by the Complainant the notice regarding Complaint’s non-compliance with the established requirements, with indication of the relevant Complainant’s errors and the request to amend and/or add the required information. At that, review of the filed Complaint is suspended until receipt of all the requested information from the Complainant, which must be provided by the Complainant within 5 (Five) business days as of receipt of the relevant notification from the Operator.

If the e-mail address or any other contact details required under this Policy of the Сomplainant and/or Complainant’s legal representative are not specified in the Complaint, or if the Complainant fails to provide the additional information requested under Clause above, or if the requested information is not provided to the Operator within the 5-day period established in Clause above, review of the Complaint is automatically terminated, after which the Complainant may file another Complaint.

If the Complaint (and all additional information, if applicable) are received by the Operator within the timeframes set forth in this Section and conform to the requirements of this Policy, the Operator notifies the User about the received Complaint and sends to the User a copy of the Complaint with the demand to provide the Operator with a Response to the Complaint. The Response must be provided by the User within 3 (Three) business days as of the moment the copy of the Complaint and the demand to provide the Operator with the Response to the Complaint were sent to the User.

The Response provided by the User must contain:

 • reasons of User’s refusal to resolve the dispute amicably and comply with the Claimant’s demands under Stage 1 of this procedure; and

 • substantiation of User’s position with respect to agreeing or disagreeing with Claimant’s demands contained in the Complaint.

The Response may be supplemented with additional information in electronic form supporting the Response, which cannot exceed 10 Mb size.

If the Complaint (and all additional information, if applicable) is received by the Operator within the timeframes set forth in this Section and conforms to the requirements of this Policy, notwithstanding receipt by the Operator of the User’s Response to the Complaint, the Operator:

 • commences review of Complaint on its merits; and

 • informs the Claimant and the relevant User by e-mail that the review of Complaint on its merits has commenced.

Stage 4: Review of Complaint on Merits

Review of Complaint on its merits shall be performed by the Operator within 45 (Forty-five) calendar days as of the date the Operator informs the User and the Claimant of the commencement of such review.

The Complaint will be reviewed on its merits notwithstanding whether the Operator received a Response to a Complaint from the User. If the Response was received, the Operator considers the Response when making a decision with respect to the Complaint.

Stage 5: Operator’s Decision and Further Actions

Review of a Complaint on its merits results in Operator making a decision to refuse to satisfy the demands of the Claimant, or to fulfill those demands in full or in part. The Operator informs the Claimant and the User of its decision via e-mail.

If the Operator decides to fulfill demands of the Claimant in full or in part, the Operator, at its sole discretion, may decide to:

 • temporarily suspend the User’s access to the biscarra Service via blocking the User’s Personal Account; OR

 • delete User’s Personal Account from the biscarra Service if it is revealed that the User flagrantly violated applicable laws and/or rights and legal interests of the relevant Claimant by its actions.

Sufficient grounds for the temporary suspension of the User's access to the biscarra Service shall be any User’s actions that are inconsistent with using the Service in accordance with its designated purpose and Terms of Service. Said grounds will be evaluated by the Operator unilaterally with respect to each Complaint.

Once the relevant Personal Account of the relevant User is blocked or deleted, the Operator sends to the Claimant and the User the notice about such blocking or deletion, indicating the blocked/deleted Account, date on which blocking or deletion was performed, Complaint submission date, its registration number, and contacts of the Operator’s personnel who reviewed the Complaint and made the decision about Account blocking or deletion.

The User whose Personal Account has been blocked or deleted under this Policy has the right to claim disagreement with such account blocking within 30 (Thirty) calendar days as of the moment of blocking by sending to the Operator notice on disagreement and substantiating the legality of User’s actions.

In the case of disagreement with the Operator’s results of review of the Complaint under this Policy, the Claimant or User may transfer the dispute to the court or to an arbitration tribunal or other public authority having the power to adjudicate such complaints and/or disputes. At that, neither the Claimant nor the User may engage / join the Operator as any party to such proceedings, including as co-defendant or a third party.

If the Operator is provided with a copy of court ruling on acceptance of a statement of claim for hearing and/or on injunctive relief, the investigating authorities’ order or other document issued by authorized public agencies in accordance with their competence as regards the respective Complaint/claim, blocking of the User’s access to the biscarra Services and/or access to the User’s Personal Account in the biscarra Service is subject to extension until the Complaint/claim is resolved in accordance with the applicable laws by the relevant authority.

If the relevant Complaint / claim is under review by the relevant authority in accordance with Clause above, User’s access to the biscarra Service may be resumed by the Operator only in the event of dispute resolution confirmed by a legally binding and effective document issued by the relevant authority (such as a final and binding court decision).

ABUSE OF DISPUTE RESOLUTION PROCEDURE

The Claimants are prohibited to abuse the dispute resolution procedure established by this Policy, namely:

 • to repeatedly submit Complaints in respect of the same User;

 • repeatedly file Complaints that formally comply with the requirements of this Policy, but are revealed to contain deliberately misleading information upon review;

 • to falsify documents (including electronic) and information;

 • to use automatic mailing and/or bots for submission of Complaints and/or communication with the Operator.

Fur the purposes of protecting the Users from Clamants abusing the procedure established under this Policy the Operator reserves the right not to review Complaints filed by Claimants who abuse the procedure established under this Policy and violating terms of this Section of the Policy.

OPERATOR’S WAIVER OF LIABILITY

The Operator is not responsible for Users’ tortious or illegal actions and should not and may not be held liable merely for providing technical conditions, which may have been used by the Users for the purposes of violating laws or legal rights or interests of Claimants. To the maximum extent permitted under applicable law, as well as in accordance with the “Waiver” section of the Terms of Service the Operator expressly waives any liability for any actions of the Users performed by means and with help of the biscarra Service with respect to the Claimants or other third parties.

GOVERNING LAW

Except where prohibited by applicable law or provided otherwise herein, this Policy shall be governed by the laws of Russian Federation.

CONFIDENTIALITY

All the documents and e-mails relating to Complaints shall be kept by the Operator for 1 (One) calendar year from the moment of Complaint submission.

The operator shall not disclose information on Complaints to third parties, except as required under applicable law, Terms of Service and this Policy.

CHANGES TO DISPUTE RESOLUTION POLICY

To the fullest extent permitted under applicable law, the Operator reserves the right to modify, update, supplement, revise or otherwise change this Policy in order to comply with applicable new legislation and/or regulations and/or to improve the biscarra Service, and to impose new or additional rules, policies, terms or conditions in relation to the biscarra Service from time to time with or without notice to you. The Operator may notify you of the amendments to this Policy by sending an email message to the email address listed in your Personal Account and/or by posting the notice on the biscarra Service. All amendments to this Policy will be effective immediately and incorporated into the Policy upon sending and/or posting of such notice. You are responsible for regularly reviewing this Policy. Your use of the biscarra Service or any part thereof after any changes to this Policy are posted on the biscarra Service or otherwise made available for review will be considered your acceptance of those changes and will constitute your agreement to be legally bound thereby. If you object to any such changes, your sole recourse will be to terminate your Personal Account and stop using the biscarra Service.

CONTACTS

If you have any comments or questions concerning this Dispute Resolution Policy, or if you would like to file a Complaint or Response thereto, please contact the Operator using the following contact details:

Operator address: app. 69, h. 37, Keramicheskaya st., Voronezh, Russia, 394019.
For filing Complaints and Responsessupport@biscarra.com