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Offer agreement

Offer Agreement


1. GENERAL PROVISIONS

1.1 This document is an open offer (hereinafter referred to as the "Offer") Sole proprietor "ROMAN CHYKHICHYN", a company registered under the laws of Poland (this country is a party to the Convention for the Protection of Persons with regard to Automatic Processing of Personal Data) with the location at the address: Poland, Warsaw city, Masovian district, Klobucka street, 6D, 02-699, (hereinafter referred to as the "Contractor"), which is addressed to an indefinite circle of persons, to conclude a service agreement (hereinafter referred to as the "Agreement") on the conditions set forth in this Offer.

1.2. This Agreement is a public agreement, in case of acceptance of the conditions set forth in the Offer (acceptance), any capable individual, individual entrepreneur or legal entity becomes a customer under the Agreement (hereinafter referred to as the "User") and undertakes to comply with the terms of this Agreement, annexes and additional agreements to it, which are its integral parts. Acceptance of the Offer by the User is executed in accordance with clause 2.2. An Offer that creates an Agreement on the terms of the Offer. The Contractor and the User are hereinafter referred to as the "Parties", and each separately - the "Party".

1.3. The offer comes into force from the moment it is posted on the Internet at the link: https://usa.vas.trade/offer-agreement and is valid until it is withdrawn by the Contractor.

1.4. The Contractor reserves the right to make changes to the terms of the Offer (including the price and description of tariffs) and / or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Internet as specified in clause 1.3. of this Agreement by the address, unless a different date for the entry into force of the changes is provided for in such placement. The Contractor may additionally notify users of such changes.


2. SUBJECT OF THE OFFER

2.1. The subject of the Offer is the provision by the Contractor of access to the Contractor's software products in the form of the VAS online service hosted on the Contractor's Website https://vas.trade, usa.vas.trade, ua.vas.trade, vas.ua which ensures the creation of the User's personal Store, placement and processing of information on the service, as well as the provision of Additional Services to Users. The list of VAS services provided by the Contractor, as well as their price and terms of provision, are indicated on the Site.

2.2. Acceptance (the moment of full confirmation and unconditional acceptance) of the terms of the Offer is the moment of any user interaction on the Site (including, but not limited to: registration on the Site, actual use of the VAS Services).

The fact of any interaction on the Site means that the User has read, understands and unconditionally accepts the terms of this Offer in full without reservations and limitations or exceptions.

2.2.1. The place of conclusion of the Agreement by the Parties determines the location of the Contractor.

2.3. In addition to the terms of this Offer, the procedure and conditions for the Contractor to provide the use of the VAS Services are determined by the Terms of use, the Privacy Policy, as well as Posting rules, which are integral parts of this Offer. The User, agreeing to the terms of the Offer, automatically agrees and undertakes to comply with and comply with the provisions of the Terms of use, Privacy Policy, and Posting rules.

2.4. The User independently makes a choice of VAS services, access to which and / or services of which he intends to receive or use.

2.5. The Contractor has the right to engage third parties (subcontractors) to provide the Users with all or part of the VAS services.

2.6. If the User does not agree with the terms of the Offer, he does not have the right to accept the Agreement and is not entitled to use the services provided by the Contractor.


3. PROCEDURE FOR PAYMENT

3.1. Publication promotion services and the choice of urgency labels are paid services. The User receives detailed information about prices and available publications in the category in his personal account

Urgency Tags:

  • Label "Urgent" - 5 USD for one day of use
  • Label "Hot" - 5 USD for one day of use
  • Label "TOP" - 5 USD for one day of use
  • Label "Sale" - 5 USD for one day of use

3.2. The Promotion Calculator is a paid option to raise the positions of your publication in categories, available for an already posted publication. The user sees all prices for the position online in the calculator when choosing the desired position.

3.3. The purchase of additional publications is an option that allows the User to expand the scope of available publications in the selected category.

The User can get acquainted with the prices in his personal account, tab "Promotion" - additional publications.


4. INFORMATION PROVIDED BY THE USER

4.1. The collection of information is carried out by using the software of the Site according to the relevant data specified by the User, necessary for posting Publications on it.

4.2. Technical information contained in the system, for example, ip-addresses, in accordance with the general rules of Internet messages, is used by the Contractor for purposes related to the maintenance of network equipment, as well as for the aggregation of general statistical, demographic information (for example, the region from which connection was made by the User).

4.3. The Contractor saves the data of the last access of the User to the system in order to ensure the high quality of the services provided, which are adapted to the individual needs and interests of the User.

4.4. The User accesses the VAS Services during time periods of continuous use - sessions. The Registered User accesses the part of the Site, accessible only after entering his login and password, at least once during the session.

4.5. Deactivating the function of saving last access data in the browser settings does not affect the ability to use the VAS services in general, but may limit their functionality for the user.

4.6. The data of the last access to the system is also used to collect statistical information about the use of services by Users.

4.7. The Contractor does not collect data on racial or ethnic origin, political, religious, ideological beliefs, membership in political parties and trade unions, as well as data relating to the health or sexual life of users, and is not responsible for the disclosure by Users of such information on the Site.

4.8. Surveys conducted from time to time by the Contractor may contain questions about users' demographics (eg, education, age, income). The data collected by the Contractor through such surveys is processed in an anonymized form. Users may choose not to participate in surveys and may choose not to provide information. The Contractor uses demographic data to prepare statistical reports and improve the quality of services.

4.9. The User is prohibited from providing information in violation of the terms of this Agreement or the rights of third parties, in particular, the information should not contain:

  • vulgar, offensive language;
  • propaganda of hatred, violence, discrimination, racism, xenophobia, ethnic conflicts;
  • calls for violence and illegal actions;
  • data that violates the personal rights or intellectual property rights of third parties;
  • information that encourages fraud, deceit or breach of trust;
  • information leading to transactions with 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 others without the express consent of those individuals;
  • information containing information infringing on privacy, offending honor, dignity or business reputation;
  • information containing slander or threats against anyone;
  • information bearing the nature of pornography;
  • information harmful to minors;
  • false information and misleading information;
  • viruses or any other technologies that can harm sites, performers or other users;
  • information about services that are considered immoral, such as: prostitution, usury or other forms that are contrary to morality or law;
  • links or information about sites that compete with the services of the Contractor;
  • information that constitutes "spam" or unsolicited or deceptive commercial advertising;
  • information disseminated by news agencies;
  • information with an offer to earn money on the Internet, without indicating the physical address and direct contacts of the employer;
  • information with a franchise offer, multi-level and network marketing, agency activity, sales representation or any other activity that requires the recruitment of other members, sub-agents, sub-distributors, etc.;
  • statements of an exclusively advertising nature without offering a specific product;
  • information that otherwise violates the current legislation of Poland.


5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. All intellectual property is available on and/or through the VAS Services, including but not limited to design elements, text, graphics, illustrations, videos, programs, databases, music, sounds and other objects, and any objects. what content posted on the Site is subject to the exclusive intellectual property rights of the Contractor, Users and other copyright holders.

5.2. The use of content, as well as any other elements of the VAS services, is possible only within the framework of the functionality offered by one or another VAS service. No elements of the content of the services provided through the Site, as well as any content posted on the Site, can 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.

5.3. To enable the Contractor to publish the information provided by the User, the User grants the Contractor a perpetual, irrevocable, non-exclusive right to use, publish, collect, demonstrate, copy, duplicate, reproduce copyrights, publications and databases that the User has, as well as regarding the provided them information, images and photographs on all known or unknown information media. The above rights are granted to the Contractor free of charge and indefinitely. At the same time, the User retains all ownership rights to the content of the information posted in the ads. In addition to the above, the User grants the right to access the information posted by him to all Users of the Site.

5.4. By using the VAS Services, the User confirms that he is personally responsible for the content of the Publications posted by him, and also owns all the necessary rights, licenses, permissions to post information in the Publication on the Site, including without limitation all patents, trademarks, trade secrets, copyrights, or has the appropriate written consent, license or permission of all persons and companies identified in the Publication to use their names or images.

5.5. By posting on the Site Publications without a copyright sign, the User agrees to the use of the image and / or part of it in the interests of the Contractor without payment of remuneration.

The Contractor may periodically set limits on the use of the VAS Services and the Site, in particular, the maximum number of days for the storage of Ads and their size. The Contractor has the right to change or terminate the operation of the VAS Services and the Site or part of them at any time with or without notice to the User, without being liable for such changes or termination.

5.7. The Contractor may prohibit the User from accessing the Site if the User violates the terms of this Offer. The fact of violation is considered confirmed if the User was notified by the Site Administration about the activity that violates the rules of the Site and / or the rights of third parties. The Contractor reserves the right at any time, subject to the violation by the User of the terms of this Offer, to delete or disable the User Account, as well as delete all posted User Announcements, leaving a prior notice to the User about this disconnection.

5.8. The Contractor has the right to transfer its rights to the Site to the assignee. Transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation of Poland.

5.9. The user has the right to send complaints about the operation of the Site through the feedback form. Complaints will be considered by the Site Administration within 30 (thirty) business days from the date of their receipt or from the receipt of the full required information on the content of the complaint for its consideration.

5.10. The Contractor has the right to send requests to the User in order to confirm the data specified by him during registration, including in order to obtain supporting documents (including copies / certified copies of identity documents), the failure to provide which, at the discretion of the User, may be equated to the provision of unreliable information. If the User's data specified in the documents provided by him do not correspond to the information specified by him during registration, and also if such data specified during registration does not allow the User to be identified, the Contractor has the right to deny the User access to use the VAS Services with prior notice to the User.

5.11. Users guarantee that they own all rights to use materials and content posted by them in ads on Vas.trade, usa.vas.trade, ua.vas.trade, vas.ua incl. intellectual property rights

5.12. All information posted by Users on Vas.trade, usa.vas.trade, ua.vas.trade, vas.ua is considered the property of the Users who posted it, until there is no reason to believe otherwise. The following Users bear full responsibility for the compliance of such information (content) with the law. Users of the Site do not receive any rights to use information posted by other users and are fully responsible to the owner of the information for its illegal use.

5.13. In the event of claims, disputes arising in connection with the placement by the User of content and / or any information, advertising materials, and / or the content of advertising materials (compliance of the advertising content with the requirements of the current legislation) and / or the quality of the advertised goods / services, claims, disputes, the application of penalties by third parties persons and / or regulatory authorities or by a court decision, such User undertakes to consider and resolve these issues on their own without involving the Site Administration, and also undertakes to compensate the Contractor in full for losses, expenses, including penalties, caused by violation of the terms of this agreement.


6. RESPONSIBILITY OF THE PARTIES. LIMITATION OF CONTRACTOR'S LIABILITY

6.1. Any interaction of the User with the Site (including, but not exclusively, registration, actual use of the Services, etc.) means the User’s unconditional consent that he uses the Site and VAS Services at his own risk and “as is”, evaluates all risks. associated with the use of the Announcements posted on the Site, and the Contractor shall not be liable for the content of the Announcements that the User places on the Site for any losses that result from the use of the Announcements posted on the Site. All disputes, conflicts or misunderstandings that may arise between Users shall be resolved by them independently without involving the Contractor.

6.2. The Contractor is not the organizer/initiator of an agreement between Users or a party to such an agreement. The site is a trading communication platform that allows users to post, sell, buy goods in accordance with applicable law.

6.3. The Contractor does not verify the accuracy of information posted by Users in ads. The Contractor shall not be liable for damage that may arise in connection with the agreements concluded or in case of improper execution by the Parties.

6.4. In the event of claims between Users as a result of using the Services of the Site, Users agree to settle possible claims on their own, without involving the Contractor. In addition, the Contractor is released from liability for all claims, obligations, compensation for losses, and other expenses that may arise in connection with the settlement of claims between Users.


7. DISCLAIMER OF THE SITE SERVICES

7.1. The User has the right to delete his registration (his account) at any time unilaterally without additional notice to the Contractor.


8. OTHER TERMS

8.1. System messages of the Site are sent to the e-mail address that Users indicated when registering on the Site. In case of unwillingness to receive such messages from the Site, Users may unsubscribe from such mailing by using the "Unsubscribe" function contained in the User's account.

8.2. Information messages addressed to a wide range of Users are published on the website or sent to the email addresses of Users who have given their consent to receive such messages.

8.3. In the event of disputes and disagreements between the Parties, the Parties undertake to resolve them through negotiations. If any disputes, disagreements or claims arising under this Agreement, or relating to its execution, violation, termination or invalidity, cannot be resolved through negotiations, then these disputes are considered in accordance with the current legislation of Poland.

8.4. This Agreement shall be governed by and construed in accordance with international law. All possible disputes arising from the relations regulated by this Agreement shall be resolved in the manner prescribed by law, according to the rules of law.

8.5. Recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity or non-performance of other provisions of this Agreement.