TheSilverAZ User Agreement
- General conditions
1.2. For the purposes of this User Agreement, the following terms and definitions have the following meanings:
1.2.1. Service – an Internet resource (site) located on the Internet at https://thesilveraz.com/, applications to the site based on different operating systems and other services, as well as software, design (graphic design) of the site, applications and other services, a database, any section (subsection) of services, as well as information posted on the services by the Administration and Users.
1.2.2. Administration – The Service is managed by “TheSilverAZ” company, registered and operating in accordance with the legislation of the Republic of Azerbaijan. All exclusive property rights to the Service belong to the Company.
1.2.3. User – any capable person who has accepted the terms of this agreement and uses the services of the Service.
1.2.4. A personal account is a collection of data and settings of the User’s environment established (posted) by the User himself. Any User has the right to have only one Personal Account.
1.2.5. User’s personal information – information or a set of information about the User that the User provides about himself / herself when registering or in the process of using the Service, including the User’s personal data, information that is automatically transmitted to the Administration in the process of using the Service, including the IP address, information from cookie, information about the User’s browser and other data about the User.
1.2.6. Information – any information posted by the User or the Administration on the Service.
1.2.7. Spam is mass, unauthorized and / or unexpected mailing and other mailings of an advertising, informational, agitation or other nature.
1.2.8. Goods are products, works, services, material and technical resources, property and non-property rights.
1.2.9. The parties to this Agreement are the Administration and the User.
1.3. Any terms and concepts used in this User Agreement and not reflected in the paragraph “Terms and Definitions” will be interpreted in accordance with the meaning arising from the text of the User Agreement. In the event of any disagreement regarding the interpretation of the term or definition used in the User Agreement, the interpretation that will be determined by the Administration will apply.
1.4. The use of materials and services of the Service is governed by the norms of the current legislation, as well as by this Agreement.
1.5. This Agreement is a public offer.
1.6. By using the services of the Service, the User accedes to this Agreement and accepts its terms and obligations to follow the instructions for using the services of the Service.
1.7. If the Service is used on behalf of a company, such a company accepts this Agreement and its terms.
1.8. The administration has the right at any time to unilaterally change the terms of this Agreement.
1.9. If the User disagrees with the terms of this Agreement or the changes made to it, he is obliged to refuse access to the Service, stop using the services of the Service.
1.10. The Administration hereby offers the Users services for the placement and search of ads using the services of the Service.
1.11. The provision of certain services may be subject to special rules and / or agreements.
1.12. The user accepts the provision that all materials and services of the Service or any part of them may be accompanied by advertising. The user agrees that the Administration does not bear any responsibility and does not have any obligations in connection with such advertising.
1.13. Registration on the Service is voluntary. In case of registration on the Service, the User gets access to additional services of the Service. The administration reserves the right at any time to require the User to confirm the data specified by him during registration and to request supporting documents.
1.14. The user undertakes to keep his password confidential. The User is responsible for actions using his email address and password, as well as actions that are performed in the User’s Personal Account. The user has the right to use the services of the Service only using his own email address and password. If the User has reason to suspect of unauthorized access to his Personal Account, the User undertakes to change his password on his own.
1.15. The administration has the right to use special technical solutions to verify the correctness of the information provided by the Users during registration and / or during authorization.
1.16. The administration cannot guarantee that the User really is who he appears to be, and the information provided by the User when registering on the Service is correct.
1.17. The user is encouraged to communicate with potential contractors, using all the tools available on the Service for this.
1.18. The Administration reserves the right, at its sole discretion, to terminate access to the services of the User who violates the terms of this Agreement.
1.19. The Service has the right to restrict or terminate the User’s access in case of violation by the User of the rights of other persons or the current legislation, as well as for other reasons at its discretion.
1.20 A user whose access to the services has been terminated, or whose information has ceased to be valid, does not have the right to re-register without the special permission of the Administration. Such User also does not have the right to use the credentials of another User to access the Service and its services.
- Use of the Service. Placement of ads
2.1. The administration grants the right to post ads on the Service to all registered and unregistered Users after filling out a special form.
2.2. The User agrees not to take actions that may be considered as violating the laws or norms of international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Service.
2.3. All transactions in relation to Goods, works and services are concluded between Users directly. Transactions between Users and suppliers are carried out through the world’s banking payment systems. The administration does not control and is not responsible for such transactions.
2.4. Comments and other entries of the User on the Service should not conflict with the requirements of the law and generally accepted norms of morality and ethics.
2.5. The user is warned that the Administration is not responsible for visiting and using external resources, links to which may be contained on the Service. The administration is not responsible for the content of ads, links to other resources and other information specified in the description of ads.
2.6. In order for the Administration to obtain the right to publish ads, information and information provided by the User, the User transfers to the Administration the valid everywhere, indefinite, irrevocable, non-exclusive right to use, distribute, publish, collect, process, display, copy, duplicate, reproduce information, images, photographs, video and audio materials, databases, publications, copyrights and intellectual property rights, as well as any other information provided by the User on all known or unknown media. The above rights are granted to the Administration free of charge. The User grants the right to access the information posted by him to all Users of the Service. At the same time, the User retains any intellectual property rights to the materials posted by him on the Service.
2.7. The Service is not responsible for violation of the rights of third parties in connection with the provision of any information and data by the User.
2.8. The User of the Service undertakes to post ads in accordance with the instructions of the Service and provide accurate and complete information about the Product and the conditions for its sale. The user is obliged to check the information about the Goods specified in the ad, and, if incorrect or incomplete data is found, correct or supplement the necessary information in the ad.
2.9. By placing an ad with a Product, the User confirms that he has the right to carry out the actions specified in the ad with respect to such Product.
2.10. The user confirms that he has all the necessary rights, licenses, permissions to post information and information in ads on the Service, including all patents, trademarks, trade secrets, intellectual property rights, or has the appropriate written consent, license or permission of third parties to use them names, images or other objects.
2.11. The Service has the right to request from the User supporting documentation and / or additional information regarding the posted Goods or regarding the information provided by the User. The Service has the right to delay publication until such documentation or information is provided.
2.12. The User has the right to sell on the Service any Goods belonging to him, provided that this does not require special permissions, and also subject to the current rules of use.
2.13. In order to maintain a high quality of services, the Service reserves the right to limit the number of active ads of the User on the Service, as well as restrict the actions of the User on the Service.
2.14. The description of the Product specified by the User in the ad constitutes the conditions for the sale of this Product.
2.15. Delivery terms must be included in the description of the Goods specified in the ad. The supplier is responsible for the delivery of goods. The user is responsible for the correct delivery address of the user, and the vendor is responsible for the correctness of the address of the vendors. The administration is not responsible for the correct address and delivery of goods.
2.16. The terms of service or the terms of sale and the description of the goods specified in the ad, as well as other terms of the ad, must not contradict the current legislation and this Agreement, both at the time of posting the ad and in the future. In the event that any condition of the announcement becomes or is recognized as such that does not comply with the legislation or this Agreement as a result of amendments to the current legislation and / or the Agreement, such conditions or such announcement must be supplemented or changed by the User in such a way as to eliminate any inconsistencies … If it is impossible to make the appropriate changes, such an announcement must be removed by the User. In the event of the occurrence of the cases specified in this clause, the Administration reserves the right, without prior notice to the User, to carry out actions to edit or delete such ads.
2.17. Ads are prohibited on the Service, the publication of which violates applicable law, contradicts generally accepted moral standards, is offensive or inappropriate, and also violates the rights of third parties. The user is obliged to make sure that the offer does not violate the current legislation and the terms of this Agreement.
2.18. The use of paid services does not guarantee that the ad will not be blocked by the Administration in case of violation of this Agreement. In case of violation of the rules for placing ads, money for the paid services will not be returned.
2.19. It is forbidden to leave links in the ad to the pages of Internet sites containing offers for the sale, use or other information about goods and services.
2.20. The user undertakes not to provide support or disseminate information about the services provided by:
2.20.1. other marketplaces, online auctions and / or online stores;
2.20.2. other services offering goods and services presented on the Service for the same or less fee;
2.20.3. other services offering goods and services prohibited for sale on the Service.
2.21. The User undertakes not to use automatic programs to gain access to the Service without the written permission of the Administration. The use of computer programs that allow posting ads without going through the usual procedure for posting ads, in the absence of the written permission of the Administration, is prohibited.
2.22. In addition, the User undertakes:
2.22.1. not to take any action that could lead to a heavy load on the infrastructure of the Service;
2.22.2. not to copy, reproduce, modify, distribute or present to the public any information contained on the Service without the prior written permission of the Administration;
2.22.3. not to interfere with the operation of the Service, as well as not to interfere with the operation of automatic systems or processes, in order to prevent or restrict access to the Service;
2.23. The information provided by the User and his actions on the Service should not:
2.23.1. be false, inaccurate or misleading;
2.23.2. promote fraud, deception or abuse of trust;
2.23.3. lead to transactions with stolen or counterfeit items;
2.23.4. violate or infringe on the property of a third party, his trade secret or his right to privacy;
2.23.5. contain information that offends someone’s honor, dignity or business reputation;
2.23.6. contain defamation or threats to anyone;
2.23.7. call for the commission of a crime, as well as incite interethnic strife;
2.23.8. facilitate, support or encourage terrorist and extremist activities;
2.23.9. be obscene or pornographic;
2.23.10. contain computer viruses, as well as other computer programs aimed, in particular, at causing harm, unauthorized intrusion, secret interception or misappropriation of data from any system, or the system itself, or part of it, or personal information or other data (including Service data);
2.23.11. contain advertising materials;
2.23.12. violate the intellectual rights of third parties, the right to the image of a citizen, and other rights of third parties;
2.23.13. otherwise violate applicable law.
2.24. The User is prohibited from posting ads on the Service, to make or execute transactions using the services on the Service, which may lead to a violation by the Service and / or the User of the current legislation.
2.25. The Administration has the right to advertise the Goods, the announcement in respect of which is posted on the Service, in a manner different from the one specified by the User when submitting an advertisement in relation to such Goods.
2.27. The Administration has the right to move, interrupt, terminate or extend the terms of displaying any ad for reasons dependent or independent of the Service.
2.27. The administration has the right to stop displaying any ad at any time for reasons that violate the rules laid out in this Agreement, as well as for reasons that violate the rights of other Users or violate applicable law, as well as for other reasons.
2.28. The administration has the right to edit ads, move them to other headings, as well as perform any other actions with the ads of Users.
2.29. The administration has the right to refuse to place (publish) ads.
2.30. Requirements for ad formatting are set in the rules for publishing ads on the Service in the “Site Rules” section.
2.31. The user is solely and solely responsible for the content of the ads in accordance with applicable law.
- Paid services
3.1. Users can order paid services on the Service.
3.2. Types of paid services:
3.2.1. Silver package;
3.2.2. Gold package;
3.2.3. Platinum package;
3.3. Prices for services, as well as the order of ordering paid services, are indicated on the corresponding pages of the Service. Administration can change the values of packages, add new packages, can remove the sale of packages from the package page.
3.4. The Service user who has paid for the Service has the right to contact the Administration with a request for a refund. The decision to return or refuse to return funds is taken by the Administration unilaterally.
3.5. The administration has the right to refuse to return funds to the User, in cases where:
3.5.1. The user systematically violates the terms of this Agreement.
3.5.2. If the service has been activated, including in cases where the ad was removed after moderation.
3.5.3. The user posted an ad about prohibited goods, services and offers.
3.5.4. In case of any problems with the payment system. The Service is not responsible for the operation of payment systems through which Users pay for the services of the Service. In this case, the issue of refunding funds is resolved on an individual basis.
3.5.5. In other cases, by the decision of the Administration.
3.6. The procedure for refunding funds is determined in each specific case between the Administration and the User.
3.7. Refunds will be credited to the user’s account within 30 days.
- “Messages” function
4.1. Authorized Users can use the “Messages” function to discuss goods, services and terms of agreements. Any other use of this function is prohibited.
4.2. Correspondence between Users is not personal. The administration has the right to view individual correspondence in order to comply with the rights and obligations that are reflected in the User Agreement.
4.3. The ability to write messages to the User through the “Messages” function can be used by third parties without any influence and control of the Administration. The Administration is not responsible for the use by other Users and / or automated systems (robots) of the message sending form, as well as the phone numbers posted by the Users on the Site.
5.1. The administration reserves the right to send e-mails and / or short messages (SMS messages) to the Users to the e-mail addresses or phone numbers indicated by them. Service messages can be published on the Service.
5.2. At the same time, the User understands, accepts and agrees that such letters and messages can be, but not limited to: offers to conclude a transaction from other Users, offers and messages of other informational and / or advertising nature and other messages. The user understands, accepts and agrees that such messages and / or their individual parts may be of an advertising nature, and may also contain advertising, informational and other announcements.
5.3. Messages published on the Service are considered delivered to the User from the moment of their publication.
5.4. The Administration is not responsible for the use by other Users and / or automated systems (robots) of the form posted on the Service for sending messages.
5.5. The Administration is not responsible for the use by other Users and / or robots of phone numbers and email addresses posted by the User on the pages of the Service.
5.6. The User confirms that the Administration has the right to transfer e-mail addresses and phone numbers to third parties for the purpose of sending letters and messages to Users.
5.7. The User’s correspondence with the Administration or moderators of the Service is carried out using an electronic mailbox, the address of which is indicated on the Service.
5.8. The user is prohibited from leaving comments, discussions and other records about the actions of the moderators and the Administration on the Service.
5.9. The user can refuse to receive messages to his phone number or email address at any time by sending a corresponding request.
6.1. The administration is the exclusive owner of the domain name on which the site is located, the site itself, mobile applications, as well as the entire Service and all software of the Service.
6.2. When downloading the software, the Administration grants the User a personal, free, non-exclusive license to use the software without the right to transfer it to third parties.
6.3. Such a license is intended solely to provide the User with the opportunity to use the services of the Service, and to receive benefits from them, in accordance with the functions of the Service.
6.4. It is forbidden to copy, modify, distribute, sell (sell), change or lease in whole or any part of the intellectual property (Service) of the Administration (including software), as well as “hack” or try to get the source code of the software without the written permission of the Administration.
- Limitation of Liability
7.1. All information (including personal data) specified by the User on the Service is posted by the User for the sale of his Goods.
7.2. The User posts this or that information about himself solely in his own interests, including to facilitate the establishment of communication with the User and / or identification of the User.
7.3. By posting information about himself, the User understands and agrees that such information is posted on the Service in the public domain, that is, it is available for review to any visitor or Users of the Service.
7.4. The user understands and assumes all the risks associated with such posting of information, including, but not limited to: the risk of getting an email address on the lists for sending spam messages, the risk of getting an email address to various scammers, the risk of getting phone number to SMS-spammers and / or SMS-scammers and other risks arising from such placement of information.
7.5. The Service is not an organizer of transactions in relation to the Goods, an intermediary, a buyer or a seller.
7.6. The Service is not responsible for the execution and execution (execution) of transactions by the Users of the Service, for losses, lost profits, income, financial losses or indirect, actual, incidental or punitive losses caused as a result of transactions, as well as as a result of illegal acts of any faces.
7.7. By using the services of the Service, the User confirms his consent to the fact that he uses the Service at his own peril and risk, bears all the risks associated with the use of ads posted on the Service.
7.8. The Service is a tool that allows Users to post ads in relation to Products, the sale and / or purchase of which is permitted by law, this Agreement and other rules for using the Service.
7.9. The Service does not always check the ads posted by the Users, as a result of which, the quality, safety, legality and compliance of the Goods with its description, as well as the seller’s ability to sell and the buyer to purchase the Goods are beyond the control of the Service.
7.10. The Service cannot control the accuracy of information posted by Users in ads.
7.11. The Service, its Administration, management and employees do not bear any responsibility for the content of the ads posted on the Service, as well as their accuracy.
7.12. The administration, its management and employees do not bear any responsibility for the content of any messages (including those received by the Users to the mailbox and / or mobile phone), as well as for other use of the Users’ contact information.
7.13. The User understands that the fact of placing an advertisement on the Service is not a guarantee that the offer, sale and / or purchase of any Product is valid and legal. The User makes the decision to execute the transaction independently.
7.14. To the extent permitted by law, the overall liability of the Service for any claims is limited to the amount paid by the User for using the services of the Service or (at the discretion of the Service) re-providing these services to the User.
7.15. The User agrees that all disputes between the User and other Users and / or visitors to the Service (including as a result of transactions) are resolved by the User independently without involving the Administration.
7.16. The Administration is not responsible for any access by third parties to the services of the Service and / or to any information about Users (including personal data) that was carried out without the consent (permission) and / or knowledge of the Administration.
7.17. The User agrees that the Administration is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or losses associated with any content of the Service and / or as a result of transactions made by the User, copyright registration and information about such registration, goods or services available on the Service or other contacts of the User, which he entered using the information posted on the Service.
7.18. The Administration is not responsible for any software failures, breakdowns and other technical and software problems, as well as for errors, software viruses, etc. that may be transferred to the Service or through the Service by third parties.
7.19. The User undertakes to act exclusively in accordance with the current legislation and this Agreement, as well as to bear, in accordance with the legislation, full responsibility for his own actions and inaction on the Service and when using the services of the Service.
7.20. In case of violation of the User’s rights by another User of the Service (illegal use of intellectual property, etc.), The User whose rights are violated can contact the Administration or moderators with the corresponding complaint. The administration undertakes to consider the complaint and, if justified, take measures to stop the violation of the User’s rights.
8.1. This agreement enters into force from the moment the User starts using the services of the Service, regardless of the fact of the User’s registration or posting an advertisement on the Service, and is valid indefinitely.
8.2. The user has the right to terminate his right to use the services of the Service at any time. After that, the User has no right to post new Ads.
8.3. The Service reserves the right, at its sole discretion, to terminate the User’s access. A user whose access to the services has been terminated, or whose information has ceased to be valid, does not have the right to re-register without the special permission of the Administration, and also such a User does not have the right to use the credentials of another User to access the Service.
- Other conditions
9.1. In the event of a dispute, the parties to this Agreement undertake to resolve them through negotiations. Disputes arising from the execution of this Agreement and the provision of services by the Service are subject to resolution in accordance with applicable law.
9.2. The legislation of the Republic of Azerbaijan applies to all disputes.
9.3. The Service reserves the right to unilaterally and without notifying Users to change this Agreement. The new version of the Agreement comes into force from the date of publication on the Service.
9.4. Nothing in the Agreement can be understood and interpreted as the establishment between the User and the Administration of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in the Agreement.
9.5. The recognition by the court of any provision of the Agreement as invalid or not subject to enforceability does not entail the invalidity of other provisions of the Agreement.
9.6. Inaction on the part of the Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Administration of the right to take appropriate actions to protect their interests and rights later.
9.7. All other conditions and circumstances not provided for by this Agreement are regulated on a separate, individual basis.
The user confirms that he is familiar with all the clauses of this Agreement and unconditionally accepts them in full.