- These terms and conditions (the 'Terms') define the qualifying criteria for those organisations that want to take an advantage of the Discount Scheme for Non-Profit Organisations (the 'Scheme'), by which AAR Innovations (the 'Author') wants to make its humble contribution into protection of human rights and fundamental freedoms, increasing accessibility of education, conduction of fundamental researches in any area of science or humanities that will benefit the humanity, and protection of the environment.
- An organisation is qualified under the Scheme if this organisation is (the 'Qualified Organisation'):
- a university or school (either state-owned, fully / partly state-funded, or private),
- a charitable organisation which significantly contributes towards advancement of any purpose or pursues outlined in section (i) of these Terms,
- a hospital or other medical establishment which provides medical services to the general public on non-discriminatory basis, and (or) conducts medical researches which do not involve experimentation on the higher primates,
- international non-profit non-governmental organisation,
- other non-profit non-governmental organisation, institution, establishment, etc. which has not been expressly mentioned in this list but shares and actively promotes values outlined in section (i) of these Terms (please contact us before making a purchase in case of any doubt).
- The Discount provided under the Scheme cannot be used in conjunction with any other discounts currently available or which may be available at any time in the future.
- The Discount provided under the Scheme is entirely discretionary and not available as of right. The Author reserves an unrestricted right to refuse the Discount if it is not satisfied that an organization, which claims the Discount, meets the eligibility criteria of the Qualified Organization mentioned in section (ii) of these Terms or for any other reason. It is a duty of the organization, which claims the Discount, to satisfy the Author as to the compliance with the eligibility criteria set out in section (ii) of these Terms, which includes, inter alia, provision to the Author of any documents upon request of the Author that may confirm that the organization is the Qualified Organisation. The Author expressly excludes any obligation to give reasons for its decisions.
- The Scheme is not applicable to and expressly excludes from its scope (i) all and any commercial and governmental organizations, as well as (ii) any other organizations irrespective of their legal status and form of incorporation, which themselves and (or) their members have been or are known for being associated with violation, disregard, or antagonism to human rights and fundamental freedoms, disapproval of or antagonism to other values listed in section (i) of these Terms.
- In consideration for receiving the Discount at the time of the purchase of AnyFileBackup under the Scheme, the Qualified Organisation, which has purchased AnyFileBackup with that Discount, (the 'QO-Customer') contemporaneously with that purchase grants to the Author the following rights: (i) an irrevocable right to mention that the QO-Customer is a customer of the Author and that the QO-Customer uses AnyFileBackup (the 'Right to Mention'), which [the Right to Mention] the Author can exercise upon its unreserved discretion by mentioning the official name and (or) trading name(s) of the QO-Customer in any publicised materials (advertising or otherwise) published or to be published by the Author; however, any private information (e.g. e-mail addresses, names of contact persons and similar information related to the QO-Customer) will never be published; (ii) an irrevocable right of the Author to claim from the QO-Customer to indemnify and hold the Author and its shareholders, employees, etc. free and harmless from any claims, damages, fees, and expenses which may be incurred by or imposed upon the Author as a result of mentioning the official name and (or) trading name(s) of that QO-Customer (the expression 'as a result of' in this sentence should not be interpreted restrictively and should include, among other things, any consequences, irrespective how remote they may be, which may occur in connection with the Right or enjoyment thereof by the Author and its shareholders, employees, etc.) (the 'Right to Indemnity'). The QO-Customer undertakes an obligation to respect the Right to Mention and the Right to Indemnity granted to the Author and comply with the orders of the Author, which it is allowed to make in order to enjoy these rights. Acceptance of these Terms means that all necessary permissions, approvals, authorisations, etc. required by law or internal procedures or policies of the QO-Customer for granting to the Author the Right to Mention and the Right to Indemnity have been properly and lawfully obtained in a due course before making a purchase of AnyFileBackup and a representative of the Qualified Organisation making a purchase of AnyFileBackup is entitled to accept these Terms. Should any of the abovementioned permissions, approvals, authorisations, etc. have not been properly or timely obtained, the QO-Customer would be liable to repay to the Author within three (3) business days as of the day when it has become apparent to the QO-Customer that these Terms were accepted by an unauthorised representative of the QO-Customer the Discount (in a monetary equivalent and to the order of the Author). The Author expressly excludes a right of the QO-Customer to rescind or set aside the present Terms on the grounds that these Terms were accepted by an unauthorised representative of the QO-Customer. This repayment does not affect Author's Right to Mention and Right to Indemnity. Under no circumstances the Author would be liable to the QO-Customer for any royalty, commission or any other pecuniary payment or non-pecuniary consideration other than the Discount in connection with the Right to Mention or the Right to Indemnity. This provision shall not be negated by the fact that the QO-Customer repaid the Discount to the Author pursuant to the previous paragraph.
- General Terms and Conditions are applicable to this Special Discount Scheme. Unless otherwise expressly provided for in these Terms, the General Terms and Conditions shall have a priority over these Terms.
- These Terms shall be deemed to be accepted by a purchaser, whether this purchaser is the Qualified Organisation or not, of AnyFileBackup, when this purchaser makes a payment for AnyFileBackup discounted for the Discount. The expression 'makes a payment for AnyFileBackup' shall be understood as giving a payment order to a bank, signing a payment document, pressing a button on a computer screen which produces an equivalent effect, etc.
- These Terms may only be accepted in full. Partial or qualified acceptance of these Terms amounts to the rejection of these Terms. All provisions of these Terms constitute conditions.
- Only the Author, those who enjoy the Right to Indemnity, and the QO-Customer are entitled to enforce these Terms. No third parties can enforce these Terms.
- Any references to the Author, the Terms, the Scheme, the Discount, the Qualified Organisation, the QO-Customer, the Right to Mention, the Right to Indemnity, and the Misrepresentator are the references to the respective terms as they are defined in the text of these Terms. The fact that one misrepresents itself, either wilfully, negligently, or innocently, as being the Qualified Organisation and (or) the QO-Customer (the 'Misrepresentator') does not negate the rights of the Author under these Terms. The Misrepresentator is liable to repay the Discount (in a monetary equivalent and to the order of the Author) to the Author in full from the moment of making a payment for AnyFileBackup (the expression 'making a payment for AnyFileBackup' has the same meaning as the expression 'makes a payment for AnyFileBackup' in section (viii) of these Terms).
- If the QO-Customer ceases to satisfy the criteria of the Qualified Organisation mentioned in section (ii) of these Terms for whatever reason (be that the association with an activity which is inconsistent with the values listed in section (i) of these Terms or any other reason), the QO-Customer, which is no longer the Qualified Organisation, is liable to repay the Discount (in a monetary equivalent and to the order of the Author) to the Author in full immediately when it has become apparent to such QO-Customer that it no longer the Qualified Organisation.