Legal

Acceptance of Terms

The access to Services by means of the Portal is provided only to registered customers under the agreement with Terms of Services ("TOS").

The Provider reserves the right to update the TOS at any time without notice to customers. The current version of the TOS can be reviewed by clicking on the "Terms of Services" link located at the bottom of web pages.

Description of Services

Provider of Services provides you with access to a variety of services, resources, tools and product information (collectively "Services"). The Services are developed, realized and managed by the Provider on multiple servers as the PharosN portal on the hardware and software bearing the relevant costs.

The access to Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, is subject to the TOS and additional License Agreement for each service.

Customer can subscribe to the Services after registration as Portal Member.

The Member obtains the right to copy the software, install and run it in-house for as long as they stick to the Terms of Services and License Agreement and during the Term of Service, the Provider will provide the services to the Customer.

The Provider develops both major and minor updates to the software and relevant services and makes it available to customers as services on PharosN portal. 

The Customer automatically receives the software updates during the valid period of service subscription by special technical updating procedures implemented between PharosN portal and server copy installed at customer premises.

Once a new version of the software is released and its copy is installed on customer hardware it effectively replaces the previous software copy under the same subscription terms.

The support for any replaced software copy and relevant service is dropped. In case the customer continues using old version and blocks service updating it is non compliance to Terms of Services and may cause various unregulated consequences including possible damages due to loss of customer data, breaches in security and protection of customer installation, etc.

The Customer contains the ownership and its protection rights for customer data stored in the software and server database.

The Provider contains the ownership and all rights for the software and services provided to Customer under the License Agreements including the software copy itself, software components, reference and training materials.

The Customer bears the legal responsibilities in case of violating the Terms of Services accordingly to National and International legislation.

Use of Services

The Services may contain copies of the software for in-house or in-cloud use by customers, samples models of complex objects, its metrics, information about change by various parameters, dashboard services, organizational groups, communities, personal web pages, pictures, messages or communication facilities designed to enable you to communicate with others members.

You agree to use the Services only for improving efficiency and performance of your business and personal activities. By way of example, and not as a limitation, you agree that when using the Services, you will not:

·        Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·        Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

·        Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

·        Upload files that contain viruses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

·        Violate any applicable laws or regulations.

·        Create a false identity for the purpose of misleading others.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Services provided to other customers or interfere with any other party's use of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, servers or networks through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services

The Provider has no obligation to monitor the Services. However, the Provider reserves the right to review activity logs related to the Services and to cease any Services in its sole discretion as well as to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
The Provider reserves the right at all times to disclose any information to satisfy applicable law, regulation, legal process or governmental request or to remove any information or materials, in whole or in part, in the Provider discretion.

Member Account, Password, and Security

For accessing to Services you have to become Member of Portal, make the registration providing current, complete and accurate information accordingly to registration form and open personal account.

You need to choose a password and a user name.

You are entirely responsible for making your password, keeping its confidentiality, accessing your account as well as for any and all activities that take place under your account.

You agree to notify the Provider about any unauthorized use of your account or any other breach of security immediately.

The Provider will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Provider or another party due to someone else using your account or password. Use of anyone else's account is prohibited without the permission of the account holder.

Membership rules

The services are provided to groups of members named as “organization” or “association” which may or may not have relevance to actually existing legal entities.

The group has supervisor responsible for managing the group members and it subscriptions.

The minimal organizational group consisting of one member is created by default under the name of the member after the registration to enable subscription for services.

The Members can set own organizational groups for subscribing to services becoming its supervisors automatically by default.

Supervisor can invite other persons into the organizational group as its Member or Supervisor.

Supervisor of some group can cease membership of its Members in this group.

Supervisor can leave the group is there is another supervisor. If he/she is the last member of the group and cancels the Membership on PharosN portal the services for the group are ceased and group is closed.

Member can leave any of his/her groups at any time.

Member can become supervisor of the group only after accepting the invitation of its supervisor. 

Member can invite other persons into the organizational group as its members however such invitation can be issued only after its approval by the group supervisor.

All invitations are sent to external email contacts of persons only.

Member can see names and email contacts only those persons which are in own organizational group. If a Member of Portal has membership in several groups he/she can see all members in each of these groups.

PharosN portal does not have public directory of all its members and its Members cannot see other members.

Member personal data and membership is not searchable by Internet search engines, it is kept confidential and protected.

Any Member of organizational group can subscribe for service however it requires approval of the group supervisor for implementation. If not approved Member can transfer the subscription to another group where he/she is supervisor e.g. own default group.

Member is fully responsible to managing his account, membership, keeping access to his member area secure by password and login, using own devices for access, controlling its devices software against malware.

Privacy and Protection of Personal Information

The Personal data collected on the PharosN portal are used for

  • Customer registration
  • Documenting the compliance to Terms of Services and License Agreements for subscriptions to services
  • Unique identification of the Member for securing his/her access to own member area for self-management of activities and subscriptions
  • Presentation of formal documents on service provision such as invoices and service orders, learning certificates, ownership rights for developed applications, etc. 
    Legally correct validation of the ownership rights by the Member (e.g. ownership of the enterprise database by it management, applications, etc).
  • Implementation of partnership agreements
  • Implementation of service support such as updating of the software, security, protection.

The personal member data is stored in databases managed by the Provider and kept in European Union territory and legal domain. The provider does it best efforts to protect and secure the data by technical and organizational procedures and comply to existing European Union laws.

The provider uses external internationally recognized payment providers for financial transactions covering the costs of service subscriptions.

Consequently the Provider does not collect and does not have any data about credit cards of Portal Members. Personal Member data is not shared and not provided to any other third party.

See the Privacy Policy disclosures relating to the collection and use of your information.

Limitation of Personal and Non-Commercial Use

The Services are for non-commercial use by customers which may include organizations, associations, communities and individuals.

You cannot use the Service for collecting information from various data sources, process it by Services and sell the resulting information commercially without having explicit License Agreement with the Provider for such terms of use.   

You cannot modify, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services unless otherwise specified.

Links to third party sites

The links to third party sites bring you to other web sites which are not under the control of the provider. The Provider is not responsible for the contents of any linked site or any link contained in a linked site.

Notice specific to documents available on this Portal

Permission is granted to use information from the Services, provided that (1) the below copyright notice appears in all copies and that the copyright notice appears, (2) it is used for informational and non-commercial or educational or personal use only and will not be copied or posted on broadcast in any media, and (3) no modifications of any source documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.
The Provider portal site or any other provider owned, operated, licensed or controlled sites are protected by trademark, trade dress, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Provider web site may be copied or retransmitted unless expressly permitted by the Provider.

The Provider and its partners make no representations about the suitability of the information contained in the documents published as part of the services for any purpose. all such documents are provided "as is" without warranty of any kind.

The Provider and its partners hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall the Provider and its partners be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.

The documents published on the services could include technical inaccuracies or typographical errors. The Provider and its respective partners may introduce improvements and changes in the product(s) and the software at any time.

Notices regarding services and documents on this Portal

In no event shall the Provider and its respective Partners be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous actions, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services

Notice to Software provided on this Portal

Any software that is made available to download as Services ("Software") is the copyrighted work of GOLEM IMS GMBH, Austria and/or its partners. Use of the Software is governed by the terms of the License Agreement, if any, which is complimentary to TOS and provided upon subscribing to particular service. The services subscription and use constitutes user agreement to the License Agreement terms.

Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may cause civil and criminal penalties.

Copying or reproduction of the Software or its redistribution is prohibited unless it is expressly permitted by the License Agreement.

The Provider disclaims all warranties and conditions with regard to the software provided as service under license agreement including merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

The Provider does not make any assurances with regard to the accuracy of the results or output that derives from the software use.

Copyright Notice

© 1995-2015 GOLEM IMS GMBH, Austria. All rights reserved.

Trademarks

To the extent a name or logo does not appear on this list does not constitute a waiver of any and all intellectual property rights that the Provider or its subsidiaries has established in any of its product, feature, or service names or logos.

Pharos Navigator ©1995-2015 GOLEM IMS GMBH, AUSTRIA

Pharos Business Navigator ©1995-2015 United Nations Industrial Development Organization (UNIDO)

Any rights not expressly granted herein are reserved. 

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Pharos Navigator ® 2015 GOLEM Integrated Microelectronics Solutions GMBH, Austria

® = "Schutzmarke" in German = "Marque déposée" in French and indicate registered Community Trademark of GOLEM IMS GMBH, AUSTRIA

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Other GOLEM IMS GMBH sites

win2biz.net,  win2biz.org, win2biz.eu, win2biz.info

pharosnavigator.com, pharosnavigator.biz, pharosnavigator.info 

©2015 GOLEM IMS GMBH, AUSTRIA

Legal notice

Disclosure and Imprint under § 25 Austrian Media Act, § 5 Austrian E-Commerce Act and § 14 Austrian Commercial Code:

Web sites PharosN portal implemented under domain names win2biz.com and pharosnavigator.com, and News and Ads implemented under domain name pharosnavigator.biz, pharosnavigator.info, win2biz.info are the information services of company GOLEM Gesellschaft für integrierte mikroelektronische Komplettlösungen Ges.m.b.H. (GOLEM IMS GMBH) acting as Provider of services and having registration address at 

  Hausfeldstrasse 22/1/7 
  A-1220 Vienna
  Austria
  Registration No. FN68378g
  Commercial Court Vienna
  VAT IN: ATU16848106 
  DVR 0550922
  email: info (at) golem.at

Contact

Bank: Die ESRTE
Swift Code/BIC: GIBAATWW,
Bank code: 20111
IBAN: AT772011100002361310

GOLEM IMS GMBH is member of the Austrian Federal Economic Chamber, A-1040 Wien, Wiedner Hauptstrasse 63 in business sectors “Data Processing” and “International Trade”.


Media owner and publisher of the website

GOLEM IMS GMBH 
Purpose of the business: Digital Information Services
 

Management
Serguei Golovanov

Declaration on the general orientation of this website
The website PharosN portal (
www.win2biz.com and pharosnavigator.com) provides information services for the organizations, associations and individuals internationally. The services supporting measurement, monitoring, benchmarking, management and analysis of complex dynamic objects include as follows:

  • Subscriptions for the software Pharos Navigator developed and maintained by GOLEM IMS GMBH
  • Training and learning materials supporting the implementation of the software Pharos Navigator 
  • Collaboration with consulting, training and application development partners supporting implementation of information services internationally

The accompanying website Pharos Discoverer is the separate information area for informing customers about new services, applications, implementations and providing service offers by partners registered at PharosN portal.


Disclaimer

Disclaimer – important legal notice

GOLEM IMS GMBH checks and updates the information contained in its websites regularly to assure that it is complete and correct at the time of presentation. However occasional unintended and accidental errors may happen.

Neither GOLEM IMS GMBH, nor its business partners, nor any of their employees, makes any warranty, express or implied, including warranties of timeliness, merchantability, fitness for a particular purpose, or any legal liability for the accuracy, completeness, usefulness or fitness for particular purpose of any information from these sites or the available links to other sites. GOLEM IMS GMBH is not responsible for the contents of linked pages and websites which can be accessed via such links. Any reference obtained from this site to a specific commercial product, process, or service does not constitute or imply an endorsement from any organization mentioned in the presented information content. It cannot be guaranteed as well that a document available on-line exactly reproduces an officially adopted text to which it may refer.

The views and opinions expressed in any referenced document do not necessarily state or reflect those of the GOLEM IMS GMBH and its business partners and viewed as of the date of publication.

The user assumes the entire risk as to the accuracy and the use of the documents presented at this web site. The documents may be copied and distributed subject to the following conditions: 1) All text must be copied without modification and all pages must be included; 2) All copies must contain GOLEM IMS GMBH copyright notice and any other notices provided therein; and 3) The documents and site services may not be distributed for profit. All trademarks acknowledged.

Links
GOLEM IMS GMBH does not verify the content and the legality of other websites it links to and has no influence on the design of these websites and dissociates itself explicitly from the displayed, possibly unlawful content and takes no responsibility for such content and is not liable.

Modifications
GOLEM IMS GMBH reserves the right to make modifications and supplemental to the web site information without prior notice.

Languages
The following languages may be used for communication: English, German and Russian.

Data Protection
Any personal data is dealt by GOLEM IMS GMBH in accordance with the Austrian Data Protection Act (Datenschutzgesetz, DSG) and European Directive Directive 95/46/EC and its further updates.