May 10, 2024

Last Updated: Friday, 10 May 2024 04:37

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Generator Fans Platform Dispute Resolution Policy

This Dispute Resolution Policy of the Generator Fans Platform (hereinafter referred to as the “Dispute Resolution Policy” or “Policy”) governs the procedure for resolving disputes related to your use of the interactive online service Generator Fans, accessible through the domain and website https://geeratorfans.com (hereinafter referred to as the Operator).

This Dispute Resolution Policy is an integral part of the Generator Fans Terms of Service and User Agreement. governing your relationship with the Operator and is a legally binding agreement between the person who accepts the Generator Fans Terms of Service and User Agreement and accesses and uses the Generator Fans Service for the purpose of obtaining the Services as defined in the Generator Fans Terms of Service and User Agreement (" You" or "User") and the Operator, governing the resolution of disputes arising out of Your use of, or Your inability to use, the Generator Fans Service, Services, and other disputes related to the Generator Fans Service and Services, and its provisions may be enforced against You in accordance with applicable law.

Please read this Dispute Resolution Policy carefully.

By accepting the Terms of Service and the Offer Agreement, using the Generator Fans Service and Services, or otherwise accessing and using the Generator Fans Service, you acknowledge that You have read the Dispute Resolution Policy, understand its terms and agree to be legally bound by its terms without any restrictions. This Dispute Resolution Policy may be subject to change each time you access or use the Generator Fans Service. If You do not agree to the terms of dispute resolution relating to the Generator Fans Service set forth in this Dispute Resolution Policy, you may not access or use the Generator Fans Service or order or receive Services.

This Policy is an integral part of the Generator Fans Terms of Service and User Agreement and applies only and exclusively to disputes related to the Generator Fans Service and the Services as defined in the Generator Fans Terms of Service and User Agreement.

Determinations

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

“Complainant” means any person, with the direct exception of the User, who approaches the Operator with a Complaint. The Applicants include, in particular, without territorial or jurisdictional restrictions:

individuals;
individual entrepreneurs and legal entities;
copyright holders;
non-profit and non-governmental organizations; And
government organizations and services, including but not limited to courts and law enforcement agencies.

“Complaint” means a formal complaint prepared and submitted to the Operator by the Complainant against the User in accordance with this Policy.

“Review” means the official response to the Complaint prepared and sent by the User to the Operator after the Complaint has been filed by the Complainant against the User in accordance with this Policy.

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

General principles of dispute resolution

In relation to Complaints and disputes arising from them, the Operator declares and implements the following principles:

Applicable law and objectivity of consideration
The Operator declares that all disputes arising from Complaints filed in accordance with this Policy will be considered in accordance with applicable law and objectively.

Presumption of good faith of the User

The Operator respects and values Users and has the right to expect that Users comply with applicable laws and regulatory requirements and use the Generator Fans Service in good faith.

The procedure established by this Policy for considering Complaints and disputes arising from them provides Users with the opportunity to protect their own interests and rights by sending non-anonymous and reasoned Reviews to Complaints filed by Complainants regarding the Users’ use of the Generator Fans Service, and provides Complainants with the opportunity to file such formal Complaints. This Policy does not govern the resolution of disputes between Users and the Operator.

Submission of Complaints and Feedback to the Operator and their consideration by the Operator are free of charge.

The Operator does not consider anonymous Complaints, as well as Complaints filed in the interests of third parties, except in cases where the corresponding representation of the interests of such persons is permitted by law and confirmed by a valid power of attorney.

The procedure established by this Policy should not be used by Applicants to impede the legitimate dissemination of information, the operation of the Generator Fans Service, as well as the provision of Services by the Operator through and with the help of the Generator Fans Service.

Dispute resolution procedure

The dispute resolution procedure under this Policy is divided into 5 successive Stages:

Stage 1: Direct Interaction between the User and the Applicant

Complainants who believe that the actions of Users and their use of the Generator Fans Service in any way violate or could potentially violate their rights or legitimate interests should contact the relevant Users directly before filing Complaints in accordance with this Policy, as in most cases such direct interaction between Applicants and Users allows most claims and conflicts to be resolved quickly and peacefully.

Stage 2: Preparing and Filing a Complaint

If the dispute is not resolved amicably directly between the User and the Complainant during Stage 1, the Complainant may submit a formal Complaint to the Operator. However, a Complaint can only be filed by the Complainant if the Complainant has received from the relevant User a direct and express refusal to peacefully resolve the dispute and comply with the Complainant's demands.

The complaint must be drawn up in English or Russian and sent to the Operator:

to the Operator's email address for Complaints: This email address is being protected from spambots. You need JavaScript enabled to view it.; OR
through the “Feedback” section of the Generator Fans Service https://generatorfans.com/contacts.

The complaint must contain:

reliable and complete information about the Complainant and, where applicable, information about the legal representative of the Complainant and a copy of the power of attorney authorizing the said representative to represent the interests of the Complainant before the Operator and file a Complaint;
information about the relevant User against whom the Complaint is being filed;
a detailed description of the actions or inaction of the User, which, in the opinion of the Applicant, have in any way violated or may in any way violate the rights and legitimate interests of the Applicant, together with a description of such rights and legitimate interests;
detailed and direct references to legislative acts on which the requests and demands contained in the Complaint are based;
a copy or screenshot (screenshot) of the User’s direct and explicit refusal to peacefully resolve the dispute and fulfill the Applicant’s requirements during Stage 1 of this procedure;
methods of contacting the Applicant and/or the Applicant's legal representative, including a valid email address, telephone number and postal address.
Additional information in electronic form may be attached to the Complaint, supporting the Complaint, in an amount not exceeding 10 megabytes.
One Complaint may contain information about several cases of violations or potential violations of the rights and legitimate interests of the Complainant.
The Operator reserves the right not to consider Complaints, the content of which does not comply with the requirements of this Section of the Policy.

Stage 3: Preliminary Consideration of the Complaint. User Review

After the Complaint is sent by the Complainant and received by the Operator, the Operator sends confirmation of receipt of the Complaint to the email address specified by the Complainant in the Complaint and begins preliminary verification of the Complaint, which takes up to 15 (Fifteen) business days from the date of receipt of the Complaint by the Operator.

If, as a result of a preliminary check of the Complaint, the Operator, at its sole discretion, comes to the conclusion that the Complaint does not comply with the requirements of this Policy, the Operator sends to the email address specified by the Complainant a notice of the Complaint’s non-compliance with the established requirements, indicating the relevant errors of the Complainant and request to send clarification and/or missing information. In this case, consideration of the filed Complaint is suspended until the Operator receives all requested information from the Applicant, which must be provided by the Applicant within 5 (Five) business days from the date of receipt of the relevant notification from the Operator.

In cases where the Complaint does not include the email address or any other contact information of the Complainant or the Complainant's legal representative required by this Policy, or if the Complainant does not provide additional information requested in accordance with the Clause above, or if the requested information is not provided to the Operator in the 5-day period established in Paragraph above, consideration of the Complaint is automatically terminated, after which the Applicant may file another Complaint.

If the Complaint (and all additional information, if applicable) is received by the Operator within the time limits established by this Policy and meets the requirements of this Policy, then the Operator notifies the User of the received Complaint and sends the User a copy of the Complaint with the requirement that the User send a Feedback to the Complaint to the Operator. Feedback on the Complaint must be sent by the User within 3 (Three) business days from the date of sending the User a copy of the Complaint and the requirement to provide the Operator with Feedback on the Complaint.

The Review of the Complaint provided by the User must contain:

reasons for refusing to peacefully resolve the dispute and comply with the Applicant’s demands during Stage 1 of this procedure;
the User’s justification of his position regarding agreement or disagreement with the Applicant’s requirements contained in the Complaint.

Additional information in electronic form may be attached to the Review, supporting the Review, in a size not exceeding 10 megabytes.

begins consideration of the Complaint on the merits;
Notifies the Complainant and the relevant User by email about the commencement of consideration of the Complaint on the merits.

Stage 4: Consideration of the Complaint on the Merits

Consideration of the Complaint on the merits is carried out by the Operator within 45 (Forty-five) calendar days from the date the Operator notifies the User and the Applicant of the commencement of consideration of the Complaint on the merits.

The Complaint is considered on its merits, regardless of whether the Operator has received a Feedback on the Complaint from the User or not. If Feedback on the Complaint has been received, the Operator takes the Feedback into account when deciding on further actions regarding the Complaint.

Step 5: Operator Decision and Next Steps

The fact of completion of the consideration of the Complaint on the merits is the adoption by the Operator of a decision to refuse to fulfill the Applicant’s demands, or to fulfill the Applicant’s demands in whole or in part. The Operator notifies the Applicant and the User of the decision by email.

If the Operator decides to comply with the Applicant's requirements in whole or in part, the Operator may, at its sole discretion, decide to:

temporary suspension of the User's access to the Generator Fans Service by blocking the User's Personal Account; OR
completely remove the User’s Personal Account from the Generator Fans Service if it turns out that the User, through his actions, grossly violated the rules of applicable law and/or the rights and legitimate interests of the Applicant.

Sufficient grounds for temporarily suspending the User's access to the Generator Fans Service will be any actions of the User that do not correspond to the use of the Service in accordance with its intended purpose and the Terms of Service. Such grounds will be examined by the Operator individually in relation to each Complaint.

After the Personal Account of the corresponding User is blocked or deleted, the Operator sends a notification to the Applicant and the User about blocking or deletion, indicating the blocked / deleted Personal Account, the date on which the blocking / deletion was carried out, the date of receipt of the Complaint with its registration number, and contacts of the Operator’s employees who reviewed the Complaint and made a decision to block or delete the Personal Account.

A User whose Personal Account has been blocked in accordance with this Policy has the right, within 30 (Thirty) calendar days from the date of blocking, to declare his disagreement with the actions taken by sending to the relevant employees of the Operator a statement of disagreement with the blocking, justifying the legality of the User’s actions.

If the parties to the dispute disagree with the results of consideration of the Complaint by the Operator in accordance with the provisions of this Policy, the Complainant or User has the right to refer the dispute to court or arbitration or other authority authorized to consider such complaints and/or disputes directly against each other. At the same time, neither the Applicant nor the User has the right to involve the Operator as any participant in the process, including as a co-defendant or a third party.

If the Operator is provided with a copy of the court ruling on the acceptance of the statement of claim and/or appropriate interim measures, a resolution of the investigative authorities or another document of the authorized authorities adopted by them in accordance with their competence in relation to the Complaint/claim, blocking the User’s access to the Generator Fans Service and/ or access to the User’s Personal Account in the Generator Fans Service continues until the end of consideration of the Complaint and/or dispute in accordance with applicable law by the relevant authorized body.

If the relevant Complaint / claim is considered by the relevant authorized body in accordance with the Clause above, then the User’s access to the Generator Fans Service is resumed by the Operator only if the dispute is resolved, the fact of which is confirmed by a document binding on the parties to the dispute and which has entered into legal force, issued by the relevant authorized body (such , as a court decision that has entered into legal force).

Abuse of the dispute resolution procedure

Applicants are prohibited from abusing the dispute resolution procedure established by this Policy, namely:

repeatedly submit Complaints regarding the same User;
repeatedly submit Complaints that formally comply with the requirements of this Policy, but during verification contain deliberately false information;
falsify documents (including electronic ones) and information;
use automatic mailings and/or robots to submit Complaints and/or contact the Operator.

For the purpose of protecting Users from abuse by Applicants of the procedure established by this Policy, the Operator reserves the right not to consider Complaints received from Applicants who have abused the procedure established by this Policy and violated the provisions of this Section of the Policy.

Operator disclaimer

Applicable right

Except as expressly prohibited by applicable law or as set out in this Policy, this Policy is governed by the law of England and Wales.

Confidentiality

All documents and electronic messages related to Complaints are stored by the Operator for 1 (one) calendar year from the date of filing the Complaint.

The Operator does not disclose information about Complaints to third parties, except as required by applicable law, the Terms of Service and this Policy.

Final provisions

To the maximum extent permitted by applicable law, the Operator reserves the right to change, update, supplement, revise or otherwise change this Policy in order to comply with new applicable laws and/or regulations and/or improve the Generator Fans Service, as well as introduce new or additional rules, policies, terms or conditions regarding the Generator Fans Service, from time to time with or without notice to You. The Operator may notify you of changes to this Policy by sending an email to the email address specified in your Personal Account and/or posting a notice on the Generator Fans Service. All changes to this Policy take effect immediately and are included in the Policy at the time such notice is sent and/or posted. You are responsible for regularly reviewing this Policy. Your use of the Generator Fans Service or any part thereof after notice of changes to this Policy is posted on the Generator Fans Service or otherwise made available to you will constitute your acceptance of such changes and will be deemed to constitute your consent to be legally bound by them. If you object to any such changes, your only recourse is to delete your Personal Account and stop using the Generator Fans Service.