User agreement of the services Profimarket.kz
1. LLP "ProfiMarket (Profimarket)", (hereinafter the Contractor and/or the Company) publishes this Public offer agreement (Agreement and/or offer) on provision of services on the Internet website of the Contractor https://profimarket.kz/
2. In accordance with article 387 of the Civil Code of the Republic of Kazakhstan (CC of the Republic of Kazakhstan), this Agreement is a public agreement, and in case of acceptance of the conditions set forth below, any capable natural or legal person (hereinafter the User) undertakes to comply with the terms of this Agreement.
3. In this offer, unless the context requires otherwise, the following terms have the following meanings:
Offer – a public offer of the Contractor, addressed to any individual and/or legal entity, to conclude a Public contract with him for the provision of services on the terms contained in this Agreement, including all its applications;
Acceptance – full acceptance of the terms of the agreement By the User;
Contractor – LIMITED LIABILITY company "ProfiMarket (Profimarket)", the legal address: Republic of Kazakhstan, 070000, East Kazakhstan region, Ust-Kamenogorsk, Anton Chekhov street, building 45, 1st floor; BIN 180940026388;
The website https://profimarket.kz – Internet website run by a Company representing a communication platform for ad placement (hereinafter – the Website);
User – any individual engaged in business activities or legal entity that has accepted the terms of this Agreement and uses the services of the Company;
Service – any operation that is not a delivery of goods related to the provision of the service that is consumed in the process of performing a certain action or carrying out a certain activity to meet the personal needs of the customer;
Services/service ProfiMarket – any paid and free services provided by the Contractor through the Site (for example, including, but not limited to, all its features, text, data, information, software, graphics or photos, drawings, etc., etc.), as well as any other services provided by the Company through the services of the Site;
Account-the user's electronic Cabinet in the functional system of the Site, with which he can manage his ads on the Site;
Registration – acceptance by the User of the offer to enter into this Agreement and the procedure in which the User by filling in the appropriate forms of the Site provides the necessary information for the use of the services of the Site. Registration is considered completed only in case of successful completion of all its stages in accordance with the instructions published on the Website;
Personal data is information or a set of information about an individual, which is identified or can be specifically identified with their help.
4. If the User does not agree with these terms in whole or in part, the Contractor asks him to leave this site. These terms and conditions govern the user's use of the profimarket Website and services. The use of ProfiMarket Services means that the User is familiar with this Agreement, understands and accepts its terms.
5. Starting to use any profimarket service, or having passed the registration procedure, the User is considered to have accepted the terms of the Agreement in full, without any reservations and exceptions. If the User disagrees with any of the provisions of this Agreement, the User is not entitled to use the services of ProfiMarket.
6. The Company hereby offers Internet Users to use its services on the terms set forth in this Agreement.
7. The company offers the User the services of using the Site to post information about the services for the purpose, including, but not limited to, the subsequent purchase or sale of various services by other Users.
8. All transactions are made directly between Users. Thus, the Company is not a party to the transactions of Users, but only provides a communication trading platform for placing ads.
2. AD PLACEMENT
1. The user receives the right to place ads on the Site after filling out a special form indicating the parameters of the services offered.
2. The user also has the right to register on the Site in order to receive additional services by filling in the form with a valid e-mail address to which only the User has access, the selected password, as well as other data required for registration. After that, the User receives an email confirmation of registration, containing a link, which is necessary to complete the registration.
3. Using the features and services of the Site, both registered and unregistered Users means accepting obligations to follow the rules and instructions for using the services of Profimarket.
4. The user is responsible for all activities using his / her e-mail address and password to access the Site. The user has the right to use the services of the Site only with his / her own e-mail address and password.
5. The user undertakes to keep the password confidential and not to disclose it to third parties.
6. The user is obliged to immediately change the data to access the Site if he has reason to suspect that his e-mail address and password used to access the Site have been disclosed or can be used by third parties.
7. The user who places ads about the services on the Site undertakes to post information about them in accordance with this Agreement and the instructions provided on the Site, and to provide accurate and complete information about the services and the terms of their sale. By posting information about the service, the User confirms that he has the right to provide this service in accordance with the requirements of the legislation of the countries in which they are implemented.
8. The user guarantees that the services offered to them comply with the quality standards established by the legislation of the countries for which they are implemented and are free from the claims of third parties.
9. The user guarantees that the services offered to them, if their provision requires special permission, will be carried out in accordance with the requirements of the legislation of the countries whose special bodies will be authorized to supervise such activities of the user.
10. The user is obliged to carefully check all information about the services posted on the Site, and, in case of detection of incorrect information, add the necessary information to the description of the service. If this is not possible, correct the incorrect information by cancelling the ad and re-posting information about the service.
11. The price of the service is specified by the User only in the national currency of the Republic of Kazakhstan (tenge). The terms of service shall be included in the description of the service. The terms of service drawn up by the User shall not contradict this Agreement and the current legislation of the countries for which they are implemented.
12. The company has the right to move, complete or extend the period of demonstration of the user's service for technical reasons under the control or beyond the control of the Company. The site has the right to terminate the demonstration of ads, if the User has registered the service, in violation of the terms of this Agreement or applicable law.
13. User is prohibited from:
Publish the same ads from the same email address;
Publish similar content ads where it is obvious that we are talking about the same proposal;
Duplicate identical ads with different e-mail addresses;
Publish ads in a category that does not match the content of the ad;
Publish ads that contain repeated punctuation and/or non-alphanumeric characters in the title;
To post announcements, description and/or title/pictures which are unrelated, unreadable;
Publish ads offering multiple services at the same time;
Insert links to resources that contain malicious elements or links to the main page of the site in the ad;
To place an ad about the service, if such placement can lead to a violation of law;
Ads must correspond to the geographic area and city selected in the corresponding functional settings of the Site.
It is allowed to place one ad for one particular service.
Ads may be selected post or pre-moderated by company representatives.
It is prohibited to place ads advertising the services prohibited by the relevant legislation.
14. The administration and moderators of the Site (representatives of the Company) shall be entitled:
Make changes to the text of the user's announcement regarding spelling and punctuation, which do not affect the overall meaning of the content of the announcement;
Move ads to other sections of the Site in case of a more suitable category for their placement;
Refuse to publish ads if they do not correspond to the topics of the selected sections, or violate this Agreement, as well as limit the number of ads from one User for the convenience of using the Site without explanation.
It is not allowed to specify incorrect characteristics of the subject of the proposal in the ad. Including an indication of the price that does not correspond to the actual price of the service. The price must be specified in full for the entire service. It is not allowed to specify in the text of the announcement the price of the service in a currency other than the national currency of the Republic of Kazakhstan (tenge).
The title of the ad should correspond to the text of the ad and should not contain contact or personal information about the User (phone, e-mail address, address of the Internet resource).
Photos showing the service offered by the User for sale must match the title and text of the ad.
To facilitate interaction between Users, the Company may establish limited access to contact information of other users. The right to use information provided by other Users is limited to this Agreement.
The company is not responsible for the content of ads or hyperlinks to the resources specified in the description of user ads.
The company is not responsible for the termination of the transaction or disputes between users of the site.
The subject of ads may be services, the implementation of which is not prohibited or limited in accordance with the legislation of the country in which they are implemented, and does not contradict this agreement.
3. CONDITIONS OF PROCESSING OF USER PERSONAL DATA AND CONSENT TO IT
1. When registering on the site and placing ads, users of the Site grant the Company the right to process their personal data necessary for registration.
4. THE INFORMATION PROVIDED BY THE USER
1. The company reserves the right to contact the User: send information messages to the e-mail and physical address specified during registration, as well as send messages to the user's mobile phone.
2. Collection of information is carried out by self-using the software of the Site indicating the user the relevant data required to place ads on it.
3. Information of a technical nature contained in the system, such as ip addresses, in accordance with the General rules of Internet communications, is used by the Company for purposes related to the maintenance of network equipment, as well as for the aggregation of General statistical, demographic information (for example, about the region from which the user was connected).
4. The company keeps the data of the last access to the user's system, in order to ensure the high quality of the services provided, adapted to the individual needs and interests of the user.
5. The user provides access to the services of the Site during the time periods of continuous use – sessions. The registered User shall access the part of the Website accessible only after entering his / her login and password at least once during the session.
6. Disabling the saving of the data of the last access to the system in the browser settings does not affect the ability to use the services of the Site as a whole, but may limit their functionality for the User.
7. The data of the last access to the system are also used to collect statistical information on the use of services by Users.
8. The company does not collect data on the racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data relating to the health or sex life of Users, and is not responsible for the disclosure of such information by Users on the site.
9. Surveys conducted from time to time by the Company may contain questions about users ' demographic data (e.g. education, age, income). Data collected by the Company through such surveys are processed in an impersonal form. Users have the opportunity not to participate in surveys and refuse to provide information. The company uses demographic data in order to compile statistical reports and improve the quality of services.
10. The user is prohibited from providing information in violation of this Agreement or the rights of third parties, in particular, the information should not contain:
vulgar, offensive language;
promotion of hatred, violence, discrimination, racism, xenophobia, interethnic conflicts;
calls for violence and unlawful acts;
data that violates the personal or intellectual property rights of third parties;
information that promotes fraud, deception or abuse of trust;
information leading to transactions in stolen or counterfeit items;
information that violates or infringes on the property of third parties, trade secrets or the right to privacy;
personal or identifying information about other persons without the Express consent of those persons;
information containing information that infringes on privacy, offends someone's honor, dignity or business reputation;
information containing slander or threats against anyone;
information of a pornographic nature;
information harmful to minors;
false and misleading information;
viruses or any other technology that could harm the sites, the company or other users;
information on services considered immoral, such as prostitution, usury or other forms contrary to morality or the law;
links or information about websites competing with the company's services;
information that constitutes "spam," "chain letters," "pyramid schemes," or unsolicited or deceptive commercial advertising;
information disseminated by news agencies;
information with the offer of earnings on the Internet, without specifying the physical address and direct contacts of the employer;
information with the offer of a franchise, multi-level and network marketing, Agency activities, trade representation or any other activity that requires the recruitment of other members, sub-agents, sub-distributors, etc.;
information of an advertising nature only without offering a specific service;
information otherwise in violation of enforcement legislation of the jurisdiction that is targeted by the ad.
11. It is forbidden to place ads advertising services prohibited by the relevant legislation.
5. THE REASON FOR THE REMOVAL OF ADS
1. The announcement of the User can be removed by the Company due to violation of the terms of this Agreement by the User, as well as for the following reasons:
This User already has an active similar ad on the Site advertising this service;
The main ad fields are not filled in;
The information contained in the announcement is contrary to these Rules and/or the law;
The information contained in the ad is incorrect;
The ad title does not contain information about the requested service offered;
The ad title contains repeated exclamation and question marks, ellipses, and other characters;
The title or comment to the photo contains a link to Internet resources;
The photo has no obvious semantic connection with the text of the ad or does not serve the purpose to adequately illustrate the text of the ad;
The photo contains user interface elements, abstract drawings, etc.;
The photo contains any advertising information (phone number, company name, logo, coordinates, etc.).);
Photo of poor quality, the subject is indistinguishable;
The ad is filed under a heading that does not correspond to the meaning of the submitted ad.
6. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
1. All objects available through the services of the Company, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any content posted on the services of the Site, are subject to the exclusive rights of the Company, Users and other rightholders.
2. Use of the content, as well as any other elements of the services is possible only within the functionality offered by a particular service of the Site. No elements of the content of the site services, as well as any content posted on the site services, may be used in any other way without the prior permission of the copyright holder. Use includes, but is not limited to: reproduction, copying, processing, distribution on any basis, etc.
3. In order to grant the Company the right to publish the information provided by the User, the User grants the Company a universally valid, perpetual, irrevocable, non-exclusive, sublicensable right to use, publish, collect, display, copy, duplicate, reproduce with respect to copyrights, publications and databases that the User has, as well as with respect to the information, images, and photographs provided by the user on all known or unknown media. The above rights are granted to the Company free of charge and indefinitely. In this case, the User retains all ownership rights to the content of the information placed in the ad. In addition to the above, the User grants the right to access the information posted by him to all users of the Site.
4. By using the services of the Site, the User confirms that he is solely responsible for the content of the ads posted by him, and also has all the necessary rights, licenses, permissions to place information in the ad on the Site, including without limitation all patents, trademarks, trade secrets, copyrights, or has the corresponding written consent, license or permission of all persons and companies identified in the ad to use their names or images.
5. By placing an ad on the Site with images without a copyright symbol, the User agrees to use the image and/or part of it in the interests of the Company without payment of remuneration.
6. The user undertakes:
Do not take any action that could result in a disproportionately large load on the site infrastructure;
Do not use automatic programs to access the Site without the written permission of the Company;
Not to copy, reproduce, modify, distribute or make available to the public any information contained on the Site (other than information provided by the User) without the prior written permission of the Company;
Not to interfere with or attempt to interfere with the operation or other activities of the Site; and not to interfere with the operation of automatic systems or processes, as well as other activities in order to prevent or restrict access to the Site;
Not to use the information provided by other Users for any purpose other than to make a transaction directly with this User, without the written permission of another User. This clause of the Agreement does not include the user's personal data that the latter provides to the Company during registration.
7. The user is prohibited:
Discussion of the actions of the moderators and the site administration in any other way than through e-mail correspondence with the moderators;
Use usernames similar to other Users to impersonate them and write messages on their behalf.
8. Access to the user's personal data by other Users is possible only with the written consent of the User for such access or in compliance with the requirements of the relevant legislation.
9. The company undertakes to make every effort for the proper performance of their duties hereunder, including the normal operation of the services of the Site and non-proliferation to third parties personal data provided by the User, with the exception of cases stipulated by the legislation.
10. The company may from time to time set limits on the use of the services of the Site, in particular, the maximum number of days of storage of ads and their size. The company has the right at any time to change or discontinue the services of the Site or part thereof with or without notice to the User, without incurring liability for such changes or termination.
11. In order to maintain the high quality of its services, the Company reserves the right to limit the number of active ads of the User on the Site, as well as to limit the actions of the User on the Site.
12. The company may deny the User access to the Site if the User violates the terms of this Agreement. The fact of violation is confirmed if the User has been notified by the site administration about the conduct of activities that violate the rules of the Site and the rights of third parties. The company reserves the right at any time to delete or disable a User account, and delete all announcements of the User, leaving the preliminary notification of the user of such disconnection in its sole discretion, and without incurring responsibility for their actions in front of the User and third parties.
13. The company has the right, at its sole discretion, to reject, remove or move any advertisement posted on the Site for violation of this Agreement.
14. The company has the right to transfer the Site with all its services and content, including personal information of Users, to its successor under contracts or other grounds. Transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation.
15. The user has the right to send complaints about the work of the Site by e-mail firstname.lastname@example.org which will be considered within two working days from the moment of their receipt or from the moment of receipt of full information on the essence of the complaint.
16. The company reserves the right at any time to require the User to confirm the data specified during registration, and to request in this regard supporting documents (in particular – copies/certified copies of identity documents), not providing which, at the discretion of the User, may be equated to the provision of false information. If the user's data specified in the documents provided by the user do not correspond to the data specified during registration, as well as in the case when the data specified during registration do not allow to identify the User, the Company has the right to deny the User access to use the services of the Site with or without prior notice to the User.
17. Компания оставляет за собой право изменять тарифы науслуги. Changes cannot occur after the acceptance of payment for this service.
7. PAYMENT FOR SERVICES
1. Order (acceptance) of paid services ProfiMarket carried out by the User on the website, in your account, as well as in any other relevant sections of the Site.
2. The user undertakes to familiarize himself with the prices for paid services of the Company posted on the Website, after which he can order such services. Detailed information about the cost of all services listed.
3. Payment for paid services of the Company is carried out by the forms specified on the website.
4. Refund of paid funds for services not rendered is carried out by the Company in the following cases:
Automatically functional system of the Site for each remote ad in moderation, if the ad is paid (for services). Refunds are made for those days in which the service was not provided.
If due to any technical problem the service was not provided, the refund of the paid funds shall be carried out by the company's authorized site administrator after the user provides proof of payment. In this case, the refund is displayed in the user's account with the possibility of using the paid funds in the future.
If you pay for services with deleted Company accounts that have been duplicated by the User in violation of the terms of this Agreement. Such refund is carried out by the Company only at the request of the User, and the funds are returned to the active account of such user with the possibility of using the paid funds in the future.
Money paid for placing ads about prohibited services, offers, when blocking the account will not be returned.
5. In case of systematic (two or more times) violations of the terms of this Agreement, the refund of the money paid by the User is made on the basis of the decision of the administration of the Company after the corresponding request of the User. The administration has the right to refuse a refund to the User who systematically violates the terms of the Agreement.
8. LIMITATION OF LIABILITY THE COMPANY
1. By using the services of the Site, the User confirms his / her consent to the fact that he / she uses the Site and its services at his / her own risk "as is", evaluates and bears all risks associated with the use of ads posted on the Site, and the Company, including its management, employees and agents, do not bear any responsibility for the content of ads posted on the Site, for any losses and losses resulting from the use of ads posted on the Site.
2. The company is not the organizer/initiator of the transaction between Users or its party. The site is a trading communication platform that enables Users to place for sale, sell and purchase legally permitted services at any time, from anywhere and at any price.
3. The company cannot control the accuracy of the information posted by users in ads. The company shall not be liable for any damage caused as a result of the transaction or improper conduct of any of the parties to the transaction.
4. The company is not responsible for the behavior of Users or for the services they offer specified in the posted ads. All disputes and conflicts between Users are resolved by them independently without the involvement of the Company.
5. The company is not responsible for any unauthorized access or use of the Company's servers and/or any information stored on them about users, as well as for any errors, viruses, "Trojan horses", etc. that may be transferred to the Site or through the Site by third parties.
6. The quality, safety, legality and compliance of the service with their description, as well as the ability of the User to sell or purchase the service are beyond the control of the Company.
7. The company encourages Users to exercise caution and maintain common sense when using the services of the Site. The user must take into account that his counterparty may be a minor or impersonate another person. Use of the company's services implies that the User is aware of and accepts these risks, and agrees that the Company is not responsible for the actions or omissions of the User.
8. The user can not conclude that the offer, sale and purchase of any service is valid and legal based on the fact of placement, sale and purchase of services on the Site. The company is not responsible for the completion of the transaction by the user of The Site. The user assumes full responsibility for his / her actions.
9. If the User has claims against another User as a result of the latter's use of the services of the Site, the User agrees to make these claims independently and without interference from the Company, and also releases the Company (along with its subsidiaries, affiliates, employees, Directors, commissioners and employees) from all claims, liabilities, compensation for damages, losses, costs and expenses, including attorneys ' fees, known or unknown, arising out of or in connection with such claims.
10. Inaction on the part of the Company in case of violation by the User or other users of the provisions of the Agreement does not deprive the Company of the right to take appropriate action to protect its interests later, and does not mean the company's waiver of its rights in the event of subsequent such or similar violations.
11. The user has the right to inform the Company about the fact of violation of his rights by another User by sending an e-mail email@example.com ahhh! If the user's complaints are justified, the Company removes the ad that violates the user's rights.
12. The company shall not be liable for any failure or difficulty in fulfilling its obligations to provide access to the Site due to unforeseen force majeure, the consequences of which can not be avoided or overcome (such as decisions of the authorities, labor disputes, accidents, breakages in the General communication system, etc.).
13. The company is not responsible for any malfunction of the Website caused by technical malfunctions of the equipment and software.
14. Under no circumstances shall the Company, its management, employees and agents be liable for any direct, indirect, incidental, special, consequential or punitive damages (even if the Company has been advised of the possibility of such damages) resulting from the use of the Site and its services by the User, including without limitation, cases in which the damage resulted from the use or misuse of the Site and its services.
15. Nothing in the Agreement can be understood as the establishment between the User and the Company of Agency relations, partnership relations, relations of joint activity, personal employment relations, or any other relations not expressly provided for in the Agreement.
16. The company is responsible for advertising placed on the services of the Site, to the extent established by law.
9. THE TERM OF THE AGREEMENT AND TERMINATION OF THE SERVICES OF THE WEBSITE
1. This Agreement shall enter into force from the date of the user's use of any service of the Site or from the date of registration of the User on the Site and is valid indefinitely.
2. The user has the right to terminate his / her registration on the Website by clicking the "Deactivate account" button in his / her personal profile. The application for deactivation will be sent to the site administrator. The balance is returned to the user without bonus units. All agreements concluded between the parties until the termination of registration remain in force until the end of the agreement.
3. If the Company has made any changes to the Agreement in the manner provided for in paragraph 9.1. Agreements with which the User does not agree, he must stop using the services of the Site. The fact of non-termination of the use of the site is a confirmation of the user's agreement with the relevant version of the Agreement.
4. Termination of the Agreement by the Company may occur in the following cases::
Violation of the provisions of this Agreement, causing any harm to the Company, including its reputation, or users Profimarket.kz;
Perform other actions that are contrary to company policy.
5. Legal relations can be resumed only after the relevant decision is made by the administration of the Company.
10. THE AMENDMENTS TO THE AGREEMENT
1. The agreement can be changed by the Company without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Internet at profimarket.kz/en/static/article/terms_and_conditions unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available on the website.
11. OTHER CONDITIONS
1. System messages of the Site related to the user's ads are delivered to the e-mail address provided by the User when placing the ad on the Site. If the User does not want to receive such messages, the User has the right to remove the relevant ads from the Site.
2. Information messages intended for a wide range of Users are published on the Site and/or sent to the e-mail addresses of Users who have confirmed their consent to receive such messages in the process of publication of announcements/registration on the Site.
3. Users have the right to refuse to receive information messages to their e-mail address at any time through the "Unsubscribe from free e-mail notifications" function contained in the user's personal profile.
4. In the event of disputes and disagreements between the Parties under this Agreement or in connection with it, the Parties undertake to resolve them through negotiations. If any disputes, controversies or claims arising out of this Agreement or in connection therewith, including those concerning its execution, violation, termination or invalidity cannot be resolved by negotiations, these disputes shall be considered in accordance with the current legislation in court.
5. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan. Issues not covered by this Agreement shall be resolved in accordance with applicable law. All possible disputes arising from the relations regulated by this Agreement shall be resolved in the manner established by the legislation, according to the rules of law of the Republic of Kazakhstan.
6. Throughout the text of this Agreement, unless otherwise expressly stated, the term "law enforcement legislation" means both the legislation of the Republic of Kazakhstan and the legislation of the place of residence of the User/Users.
7. Court recognition of any provisions of this Agreement invalid or not enforceable does not entail invalidation of other provisions of this Agreement.