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User agreement and privacy Policy
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User agreement and privacy Policy

License agreement

This License agreement (hereinafter the Agreement) regulates relations between the portal "makler.ml" hereinafter "the company" and You hereinafter referred to as "User" on the use of computer programs (the "Service "makler.ml"" "the Service") subject to the following conditions:

Terms and definitions:
Service – a set of computer programs and other objects of intellectual property of the Enterprise (including graphic design of the interface (design), etc.), information (Content) posted by the Enterprise and/or Users. Access to the Service is possible using the site, mobile version of the site and / or app.

User — an individual who is a licensee under this Agreement and has the necessary legal capacity to access the Service and implement the features provided by the functionality of the Service.

Product — any product or service that the User places an Ad for through the Service. The goods the Service may be offered free services for fee (onerously).

The announcement is an informational message about the Product (including Product pictures, price and any related information) posted by User via the Service Application, addressed to an indefinite circle of persons.

Seller — a User who places an Ad through the Service with an offer to conclude a transaction in relation to the Product, acting in their own interests or in the interests of another person.

Buyer — a User who views an Ad placed by the Seller, interacts with the Seller in relation to the Product, and/or enters into a transaction with the Seller.

Personal account — user interaction interface with the Service that allows them to view ads and manage Them, change the information specified by the User about themselves (last name, first name, photo, phone number), available to the User after registration on the Service.

Terms of use of the Service. Application Of The Agreement
2.1. This license agreement (hereinafter referred to as the " Agreement») developed by the Company and defines the terms of use of the Service, as well as the rights and obligations of its Users and the Company. The agreement also regulates relations aimed at protecting the rights and interests of third parties who are not Users, but whose rights and interests may be affected as a result of User actions.

An integral part of this agreement is the Rules for protecting information about users of the Service (hereinafter-the "Rules").

2.2. The user is obliged to read this Agreement and Rules prior to using the Service. Performing actions by the User aimed at using the Service, including searching, viewing or submitting Ads, registering on the Service and other actions to use the functionality of the Service means the full and unconditional acceptance by the User of this Agreement and the Rules, as well as his consent to receive newsletters of information and advertising content (for more information, see clause 6.7. this Agreement), in accordance with the Civil code of the Republic of Uzbekistan.

Actions to visit and / or use the Service using any device and any operating system, regardless of registration and authorization, indicate the user's unconditional consent to the terms of the Agreement and the Rules.

2.3. This Agreement and the Rules may be changed and / or supplemented by the Company unilaterally, unless otherwise provided by applicable law. The user undertakes to regularly check the terms of this Agreement and the Rules for changes and / or additions. Continued use of the Service by the User after making changes and/or additions to this Agreement and the Rules means acceptance and consent of the User with such changes and / or additions.

2.4. if the User does not agree with this Agreement or its updates, the User undertakes to refuse to use the Service by deleting all data from their Personal account, as well as all their Ads. The User's refusal to use the Service and / or removal of content does not terminate the Company's non-exclusive rights to the User's content that was used by the Company before the decision to refuse in accordance with clause 9.3 of the Agreement, unless otherwise provided by applicable law.

Registration on the Service
3.1. User Registration on the Service is voluntary and free of charge. The user guarantees to the Company that they have reached the age allowed in accordance with the legislation of the Republic of Uzbekistan for accepting this Agreement and the Rules, and have the appropriate authority to use the functionality of the Service.

3.2. Registration on the Service is carried out by performing active actions on the Service by the User.

When registering on the Service, the User must provide the Company with the necessary reliable and up-to-date information to form the User's Personal account, including, at least, a unique username (phone number) for each User, as well as the first and last name.

3.3. the User does not have the right to transfer their username and password created by the user during registration to third parties, and is fully responsible for their safety, independently choosing the method of storing them.

3.4. the User also has the right to log in to the Service through their account created within other Internet resources, authorization through which is available on the Service.

3.5. If the User does not prove the opposite, any actions performed using his / her username or User account created by him / her within another Internet resource through which the User logged in to the Service are considered to be performed by the User. In case of unauthorized access to the User's username and password and/or Personal account, or distribution of the username and password, the User must immediately inform the Company.

3.6. the User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Republic of Uzbekistan of the information provided to the Company during registration and further in the process of using the Service. The user is obliged to update the information provided to them in a timely manner.

By posting information on the Service, the User agrees that such information may be available to other users of the Service, taking into account its functionality (which may change from time to time).

3.7. the Company Processes the User's personal data in accordance with the legislation of the Republic of Uzbekistan and in accordance with the Rules. The company processes personal data of Users in order to provide Users with access to the Service and its functionality, check, research and analysis of such data, allowing to maintain and improve the current functionality of the Service, as well as to develop new functionality. The company takes all necessary measures to protect Users ' personal data from unauthorized access, alteration, disclosure or destruction. The company provides access to Users ' personal data only to employees, contractors and agents of the Company who need this information to ensure the operation of the Service and provide Users with access to its use. Enterprises have the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Republic of Uzbekistan (including in order to prevent and/or suppress illegal and/or illegal actions of Users). Disclosure of information provided by the User may be made only in accordance with the current legislation of the Republic of Uzbekistan at the request of the court, law enforcement agencies, as well as in other cases stipulated by the legislation of the Republic of Uzbekistan. Since the Company processes Users ' personal data for the purpose of implementing this Agreement, due to the provisions of the personal data legislation, the User's consent to the processing of their personal data is not required.

3.8. the User agrees that for the purposes stipulated in this Agreement, the Company may collect and use additional information related to the User, obtained during the user's access to the Service or from third parties, and including data on technical means (devices) and methods of technological interaction with the Service (including the host IP address, type of User's operating system, browser type, geographical location, provider data, etc.), User activity on the Service, as well as other data obtained by these methods. The company has the right to dispose of statistical information related to the operation of the Service, as well as User information for the purposes of organizing the operation and technical support of the Service and the implementation of the terms of this Agreement.

Subject of the Agreement and description of the Service
4.1. under this Agreement, the Company grants the User the right to use the Service in the manner described in this Agreement, under the terms of a simple non-exclusive license, unless otherwise provided by this Agreement.

The service provides Users with a platform for placing, searching and viewing Ads under the terms of this Agreement.

4.2. by default, the User is provided with a basic limit of ads that they can place simultaneously within one product category and one region, free of charge, for 30 (thirty) days. The number of ads within this limit may differ depending on the product category (subcategory) in which the ad is planned to be placed, the user's chosen placement region, and other parameters.

4.3. If the basic ad limit is exhausted, the User has the right to purchase additional ad limit packages on a paid basis on the terms, in accordance with the procedure and at the rates set out in the offer of the service "ad Packages" and/or in the Offer Of the service "Universal tariff". These offers are an integral part of this Agreement.

Rights and obligations of the User
5.1. the User has the right to use the Service as a computer program for free under the terms of a simple (non-exclusive) license for placing, searching and viewing Ads, subject to the rules provided for in this Agreement.

5.2. When using the Service the User must:

to comply with the provisions of the current legislation of the Republic of Uzbekistan and this Agreement;
make the name and text of the Ad in Uzbek and Russian in accordance with the requirements of the current legislation of the Republic of Uzbekistan, with the exception of international and well-known trademarks. However, the User may duplicate the text in the Ad in another language only if the content of such text fully corresponds to the text in Uzbek or Russian. By placing an Ad in two languages, the User confirms the authenticity of the versions of the Ad texts in Uzbek, Russian and other languages;
before placing any information on the Service, including Ads, first evaluate the legality of their placement;
place Ads only for Products in respect of which the User has sufficient rights to dispose of such Goods and perform transactions with them;
provide Users with complete and exclusively accurate information about the properties of Products and their characteristics; Products specified in the Ad must match the description set out in this Ad;
keep confidential and not provide other Users and third parties with personal data and information about the private life of other Users and third parties that have become known to them as a result of communication with other Users and other use of the Service without obtaining the appropriate prior permission of the latter.
5.3. when using the Service, the User is prohibited from performing the actions listed in the requirements for user accounts in the service.

5.4. by Placing Ads on the Service, the User understands and agrees that Businesses have the right to display Ads placed by Users on the Service on other Internet resources, including social networks. In this case, when the User deletes an Ad from the Service, such an ad is automatically deleted from other Internet resources. When a User deletes an Ad from other Internet resources, such an Ad is automatically deleted from the Service.

Rights and obligations of the Company
6.1. the Company performs the current management of the Service, independently determines its structure, appearance and other elements. The company reserves the right at any time to review or change the design of the Service, its functionality, change or Supplement the scripts used, software used or stored within the Service, and the terms of User access to them.

6.2. the Company also has the right, at its sole discretion, to terminate (temporarily or permanently) the provision of access to the Service in full or in any part to all Users as a whole or to an individual User.

6.3. Companies may, without compensation for any costs or losses, block the User's Personal account at any time without notifying the User or delete Ads that do not meet the requirements of this Agreement, including in the case of any one-time violation of the terms of this Agreement by the User, unless otherwise expressly provided by applicable law. Deleting a user's personal account means automatically deleting all information placed in It. After deleting Your personal account, the User loses access to use the Service. The company has the right, but is not obligated, to restore the User's access to the Service or restore previously deleted Ads if the User resolves any violations.

6.4. Companies have the right to make comments to users, warn, notify, inform them of non-compliance with the terms of this Agreement. The Company's instructions addressed to the User regarding the use of the Service are mandatory for such User.

6.5. the Company has the right at any time at its discretion to conduct random verification of Ads for compliance by Users with this Agreement and their compliance with the current legislation of the Republic of Uzbekistan.

6.6. the Company also has the right at any time to request from the User, and the User is obliged to provide the Company with information, documents and / or materials confirming the accuracy of the information specified by the User about himself in Ads, as well as its compliance with this Agreement and the current legislation of the Republic of Uzbekistan.

6.7. the Company has the right to send the User on its own behalf or with the involvement of technical partners information (for example, about the development of the Service and its functionality), including service and advertising messages, to the User's e-mail, mobile phone (SMS, phone calls), as well as push notifications (push notifications). The user has the right to refuse to receive advertising and other information at any time without explaining the reasons for the refusal. Service messages informing the User about the status/changes in the status of the purchase and sale transaction are sent automatically and cannot be rejected by the User, since such messages are a necessary condition for the provision of services.

The user may opt out of receiving promotional messages after you create a personal User account in the web version of the Service or mobile application of the Service by editing your personal User account (on the website under "Notifications" in "Settings, as well as in the mobile app under "Notifications" in "Settings profile").

6.8. the Company undertakes to:

- under the terms set forth in this Agreement, grant the User the right to use the Service under a simple (non-exclusive) license;

- provide, within a reasonable time, technical and informational support to Users necessary to access the Service and its subsequent use.

6.9. Companies have the right to display Ads placed by Users on the Service, on other Internet resources, including social networks.

Guarantees, liability, and risk-taking by Users
7.1. The use of the Service by Users shall be at your own risk: the Seller at your own risk places Ads in respect of Goods which the Seller is entitled to dispose of, and the Buyer considers in its sole discretion and under their own responsibility Ad Sellers and decide on the transaction with a particular Seller.

7.2.if the User has doubts about the legality of certain actions, including those related to the placement of ads, the Company recommends that they refrain from performing The latter.

7.3. the User is personally responsible for any information, Ads and photos that he/she places on the Service's website / App, informs other Users, as well as for any interactions with other Users carried out at his / her own risk.

7.4. the User undertakes to be careful when choosing a counterparty (Buyer or Seller, respectively), and makes a decision on the transaction under his own responsibility, independently making sure that the offer, sale and/or purchase of any Product specified in the Ad is valid and legal.

7.5. Users are responsible for their own actions in connection with the use of the Service, including in connection with transactions in respect of Goods, information about which is posted in Ads, creation and placement of information and Ads in their own Personal account and in other sections of the Service, in accordance with the current legislation of the Republic of Uzbekistan. Violation of this Agreement and the current legislation of the Republic of Uzbekistan entails civil, administrative and criminal liability.

7.6. the User confirms that he acts legally (for example, by proxy), has all the necessary rights (in particular for placing Ads) and does not violate the legal rights and interests of third parties and the current legislation of the Republic of Uzbekistan, including the law on competition and rights to the results of intellectual activity and means of individualization.

Limitation of liability of the Company
8.1. the Company does not provide any guarantees that the Service or its elements may be suitable for specific purposes of use. The company cannot guarantee or promise any specific results from the use of the Service or its elements. The service, including all scripts, individual elements and design of the Service are provided "as is".

8.2. the Company does not provide any guarantees that there will be no interruptions in the Service due to technical failures, preventive maintenance, etc., however, it makes commercially reasonable efforts to ensure the operation of the Service around the clock. The company does not provide any guarantees that the Service or any of its elements will function at any particular time in the future or that they will not stop working.

8.3. the Company is not responsible for and does not compensate for any damage, direct or indirect, caused to the User or third parties as a result of the use or inability to use the Service, unless otherwise provided by applicable law.

8.4. the Company is not responsible for any damage to the device or software of the User or any other person caused or related to the use of the Service through no fault of the Company, or when clicking on links placed within the Service by third parties.

8.5.under no circumstances will the Company and its representatives be liable to Users and/or third parties for any indirect, accidental, or unintentional damages, including lost profits or data, damage to honor, dignity or business reputation, caused in connection with the use of the Service, the content of the Service or other materials that Users or other third parties have accessed through the Service, even if the Company has warned or indicated the possibility of such damage, unless otherwise provided by applicable law.

8.6. the Company does not participate in the formation of the content of Ads, Personal accounts and other sections of the Service. At the same time, the Company is not obligated to check the Ads and their content, resources that are referenced in the Ad, the reliability of Sellers and Buyers (as well as their identification). In this regard, the quality, safety, legality and conformity of the Product to its description, as well as the ability of the Seller to sell and/or the Buyer to purchase the Product, are beyond The company's participation and control. The company is not responsible for the content of information provided by Users, including the content of Ads, Users ' use of trademarks, logos of third parties and other components of Ads and other sections of the Service generated by Users.

8.7. the Company is not a party to transactions made between the Buyer and the Seller, nor is it an organizer, intermediary, agent or representative of any User and/or other interested person in relation to the proposed/concluded transaction between Users. All transactions made by Users in connection with the placement of Ads on the Service are concluded and executed without the direct or indirect participation of the Company.

Terms of intellectual property rights
9.1. The exclusive rights to the Service, including but not limited to computer programs, databases, interface, technical developments, logo, trademark, and other means of individualization used on the Service and allowing to implement the functionality of the Service, belong to the Company.

9.2. Except as provided in this Agreement, as well as the current legislation of the Republic of Uzbekistan, the Service and its components, including those listed in the paragraph above, may not be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in parts without the prior written permission of the Company.

9.3.if the information (content) posted by the User is protected by copyright, the rights to such information are reserved for the User who posted such information.

At the same time, the User grants other users of the Service a free non-exclusive right to use such content by viewing, reproducing (including copying), processing (including printing copies) and other rights solely for the purpose of personal non-commercial use, except in cases where such use causes or may cause harm to the legally protected interests of the copyright holder.

In addition, the User grants the Company a non-exclusive right to use, free of charge, the content posted on the Service and legally owned by it in order to ensure that the Company operates the Service to the extent determined by its functionality and architecture, as well as to display the content (including, but not limited to, photos of Ads and from Ads, texts of Product descriptions) in The company's promotional materials, including images of the Service interface, including by making such promotional materials publicly available, including in order to advertise the Service on various information resources. This non-exclusive right is granted for the entire duration of the exclusive right, including the right to reproduce the content, as well as to process the content, including by including it in a complex object or composite work, subsequent display, communication to the public, cable messages, etc.and extends its effect to the territory of countries around the world. Enterprises may transfer the rights specified in this paragraph to third parties. The end of the period of placement of content on the Service and/or the term of non-exclusive rights does not entail the need to withdraw from the turnover of promotional materials Associated with the display of content (including their removal from the Internet).

9.4. No provisions of this Agreement grant the User the right to use the company's logo, brand name, trademarks, domain names and other distinctive marks.

Territory and term of the Agreement. Modification and termination of the Agreement
10.1. the User has the right to use the Service throughout the territory of the Republic of Uzbekistan, as well as other territories where it is available using standard computer tools and programs.

10.2. This Agreement comes into force for the User from the moment of its accession to the terms of the Agreement and is valid for an indefinite period.

10.3. This agreement shall terminate if:

10.3.1 the User will decide to terminate the use of the Service by sending the appropriate notification to the Company (by contacting technical support via the Service interface, or by sending The company a scanned copy of the relevant request to the email address specified in clause 11.6. of this Agreement);

10.3.2. the Company will decide to terminate this Agreement unilaterally out of court with immediate termination of access and use of the Service and without compensation for any costs or losses, unless otherwise provided by applicable law. In particular, the Company may make such a decision if:

- closing the Service;

- any, including one-time, violation by the User of the terms of this Agreement.

10.4. Any changes to the Agreement made by the Company unilaterally come into force on the day following the day of publication of such changes on the site. The user undertakes to independently check the Agreement for changes before using the Service. Failure by the User to review the Agreement and / or the amended version of the Agreement may not serve as a reason for the User's failure to fulfill their obligations and non-compliance with the restrictions set by the Agreement.

Other provisions
11.1. In terms of the functioning and development of the Service Enterprises governed by the laws of the Republic of Uzbekistan, this Agreement and other special documents which are developed or can be developed and adopted by Enterprises in order to regulate Users access to the Service.

11.2. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Uzbekistan. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Republic of Uzbekistan. Since access to the Service and its functionality is provided free of charge, the provisions of the Law of the Republic of Uzbekistan "on consumer rights protection" do not apply to the relations between the Administration and Users regulated by these Rules.

11.3.in the event of any disputes or disagreements related to the performance of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If the disputes are not resolved through negotiations, the disputes shall be resolved in accordance with the procedure established by the current legislation of the Republic of Uzbekistan, at the location of the Enterprise, unless otherwise expressly provided by applicable law.

11.4. This Agreement is made in Russian and can be provided to the User for review in another language. In case of discrepancy between the Russian version of the Agreement and the version in another language, the provisions of the Russian version of this Agreement shall apply.

11.5. If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.

11.6. Requests, proposals and claims of individuals and legal entities to the Company in connection with the execution of this Agreement and the operation of the Service, violations of the rights and interests of third parties when using the Service, as well as for requests of persons authorized by the legislation of the Republic of Uzbekistan, can be sent to the Service support service via the feedback form.

Version from " 07 " July 2019.

 



 

 



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