Disclaimer

Disclaimer

DTEK provides access to this website (the “Site”) and certain services, interfaces and functionality on or via this Site (the “Services”) to you subject to your agreement to comply with the following terms and conditions. Your use of this Site or the Services will constitute your acceptance of this Official Notice.

From time to time DTEK may change the terms and conditions of the Official Notice. By accessing this Site, you accept that you are bound by the terms and conditions of the Official Notice valid at the time that you access the site, and therefore you should check these each time you revisit the Site.

No warranty

This Site and Services are provided "as is" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law. DTEK and its licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DTEK does not represent or warrant that the functions or services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. DTEK does not make any warranties or representations regarding the use of contents of this Site or services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you. 

Limitation of liability

DTEK shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, even if DTEK has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

If you are dissatisfied with any part of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.

Forward-looking statements

All of the statements, besides factual statements regarding past periods, on this Site are statements regarding future results. Such statements regarding future results include, among others:

  • statements about the plans, goals and aims of the Companies, including those in relation to products and services
  • statements about future business results
  • statements of assumptions underlying such statements

Statements regarding future results may also include information about forecast or expected revenue, profit (loss), net profit (loss) in relation to shares, dividends, capital structure and other financial issues and ratios.

Words such as “believes”, “anticipates”, “expects”, “estimates”, “intends”, “plans” and similar expressions are intended to identify forward-looking statements but are not the exclusive means of identifying such statements.

By their nature, statements regarding future results involve risks and uncertainties, both general and specific. Risks exist that the predictions, forecasts, projections and other forward-looking statements will not be achieved. You should be aware that a number of important factors could cause actual results to differ materially from the plans, objectives, expectations, estimates and intentions expressed in such forward-looking statements. These factors include:

  • inflation, interest rate and exchange rate fluctuations
  • the price of oil, gas coal, ferrous and non-ferrous metals
  • the effects of, and changes in, Ukrainian government policy
  • the effects of competition in the geographic and business areas in which we conduct operations
  • the effects of changes in laws, regulations, taxation or accounting standards or practices 
  • our ability to increase market share for our products and control expenses
  • acquisitions or divestitures
  • technological changes
  • weather conditions
  • our success at managing the risks of the aforementioned factors

This list of important factors is not exhaustive. In making a decision on the basis of forward-looking statements, you must take into account the above-mentioned factors and other uncertainties and events, especially in light of the political, economic, social and legal conditions in which the Company operates. Such forward-looking statements are current only as of the date on which they are made. DTEK does not undertake any obligation to update or revise any of the indicated statements, whether on the basis of new information, future events or on any other basis. The Company does not make any representation, warranty or predication that the results described in forward-looking statements will be achieved. In each case, only one of many possible scenarios and should not be viewed as the most likely or standard scenario.

Ownership of the copyright for the site

The Site contains material including text, photographs, other images, sound, data, software, graphics and logos that are protected by copyright and/or other intellectual property rights. The Services, the Site and any materials contained therein – including, without limitation, text, photographs, other images, sound, data, software, graphics and logos – is owned by DTEK or its licensors and is protected under copyright (including as a compilation or a database) trademark, database and other intellectual property laws of Ukraine and other countries, as well as by international treaties and conventions.

Use of the Site

You may use the Site for your personal, non-commercial use only. You must agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any part of the Site. Other than as specifically set out in this paragraph, you may not (i) copy, reproduce, modify, alter or tamper with in any way the Site, the Services, or any part thereof; (ii) sell, display, distribute, publish, broadcast, transmit or otherwise disseminate or transfer the Site, the Services, or any part thereof, to any other person or entity; (iii) create derivative works of the Site or the Services; or (iv) reverse-engineer, decompile or disassemble (other than as specifically permitted under applicable law) any software included in the Site or Services.

Use of hyperlinks

DTEK is not responsible for the content of any other website, including any website through which you may have gained access to this Site or to which you may gain access from this Site. It accepts no liability in connection with any such sites or links.

Where hyperlinks to a third party’s website are provided, this is done in good faith and in the belief that such a website contains or may contain material which is relevant to that on this Site. Such a hyperlink does not signify that DTEK has reviewed or approved of the connected third party's website or its contents or endorses, sponsors, or is affiliated with such a website, its owners, or its providers.

Jurisdiction

Your use of this Site and the operation of these terms and conditions shall be governed in accordance with the laws of Ukraine. The Ukrainian courts shall have exclusive jurisdiction over any dispute arising from your use of this Site. By accessing this Site, you expressly submit to the exclusive jurisdiction of the Ukrainian courts.

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