Public Offer Agreement on Website Use
This proposal to conclude an agreement is addressed to all visitors of the https://www.avante.com.ua website (hereinafter referred to as the Site) and is a public offer (offer) of the company Avante PE (hereinafter referred to as the Administration or the Contractor), to conclude a public offer contract on the use of the Site (hereinafter - the Agreement and / or the Offer) on the below conditions.
Site - the website available at https://www.avante.com.ua (including all its subdomains, sections, web pages), managed by the Administration.
Offer - published on the Site appeal to visitors to the Site with a proposal to use the Site under the conditions contained in this Agreement, including all of its applications.
Acceptance - full acceptance by the User of the terms of the Offer.
Use of the Site - viewing any pages of the Site, placing ads, reviews, comments, ratings, photos, articles, blogs, personal data, Registration on the Site, logging in (authorization) to the Site (s), using paid and free Site Services, ordering goods for site.
Administration, Executive - PE “Avante”, code EDRPOU 30523822, legal address: .04060, Ukraine, Kiev, st. Schuseva, house 18/14, office 2
User - an individual who has reached the age of 18 and has full civil legal capacity and ability to act, which the Site uses.
Registration - successful completion by the User of the Site of a special procedure, as a result of which he transfers to the Contractor his personal data (account name / login, email address and password) and with which the Contractor can identify (authorize) the User and provide the Services ordered by the User.
Parties - in this Agreement, the Offer implies the User who accepted the terms of this Offer, and the Contractor.
Services - paid and free services (functionality) available to the User on the Site and provided by the Contractor (or his partners, successors) under the terms of this Offer, and also taking into account the conditions for providing these services published on the Site, which are an integral part of this Public Offer Agreement.
Goods - products offered for sale, and posted on https://www.avante.com.ua
Account / account - unique User data, through which the User gets access to his electronic office in the functional system of the Site and can manage his ads, manage pre-paid money, as well as other personal information on the Site.
1. General Provisions
1.1. This Offer is a public offer in the context of Art. 633 and 641 of the Civil Code of Ukraine and in case of acceptance (Acceptance) of the conditions set forth below, any User of the Site undertakes to fulfill the conditions of this Offer.
1.2. According to this Offer, the Contractor (independently and / or with the involvement of third parties) offers the User to Use the Site and provides all the Services available on the Site under the conditions set forth in this Offer.
1.3. This Offer is available to visitors at the first visit to the Site and any further Use of the Site is a confirmation (acceptance) of the unconditional and unconditional consent of the User with all the conditions of this Offer, as well as their acceptance for execution.
1.4. In case of disagreement of the User with any condition (s) or clause of this Offer, the User is not entitled to Use the Site and must leave it.
1.5. This Offer is published on the Website in the public domain, is an official document of the Contractor and has the appropriate legal force.
2. The procedure for the provision of services
2.1. The Contractor, at its discretion, independently and / or with the help of third parties, manages (adds, modifies, deletes) the information and Services on the Site that are available to the User when visiting the Site.
2.2. The User independently, at his own risk and risk, orders the goods and services he needs, following the instructions on the Site, reviews and uses the information of interest to him.
2.3. The Contractor provides some Services to the User only after the Last Registration on the Site.
2.4. Payment for the ordered goods and services is carried out in the order of 100% prepayment and in the manner indicated on the Website (on the respective web pages of the Services).
2.5. After ordering a certain Service, the User has no right to refuse the ordered services, and in the case of payment for services, the funds will not be returned to the User.
2.6. The user agrees that the Services are provided in the form in which they are implemented on the Site and the Contractor does not guarantee the error-free and uninterrupted operation of the Site (although it makes every effort to do so), and is not responsible for the possible consequences of the use of the Site and Services. User, including any damages, lost profits, claims from third parties, data loss and so on.
2.7.Payment of goods means the consent of the Buyer to enter into this Agreement with the Seller.
2.8. The buyer pays the cost of the goods according to the invoice issued by the Seller, by transferring money to the account of the Seller. The date of payment is the day of receipt of funds to the account of the Seller.
2.9. Prices for any positions of the Goods indicated on the website are valid for one working day from the moment of the invoice being issued by the Seller.
2.10. The buyer has the right to confirm or cancel the order until such time as it is not paid.
2.11. Orders are accepted for execution only after receipt of funds at the Seller’s account, with the exception of the choice of the payment method “Cash on delivery”.
2.12. Payment system services, terminals, Buyer pays extra.
3. Rights and obligations of the Contractor
3.1. The Contractor undertakes to make every effort to properly perform their duties under this Offer, including the normal operation of the Website services and the non-proliferation to third parties of personal data provided by the User, except as required by the legislation of Ukraine.
3.2. The Contractor may periodically set and change restrictions on the use of the Website Services, for example, the maximum number of days to keep ads, etc.
3.3. The Contractor may at any time modify or terminate the Services of the Site or their part with or without notifying the User without being responsible for such changes or termination.
3.4. To maintain the high quality of its services, the Contractor reserves the right to conduct short-term technical work on the Site with the suspension of individual Services or the entire Site. The Contractor undertakes to make efforts to minimize the possible negative consequences of such a suspension for the Users.
3.6. The Contractor has 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), the non-provision of which may be equal to the provision of inaccurate information. If the User's data specified in the documents provided to them 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 Contractor has the right to deny the User access to use the Services without notifying the User.
3.7. The Contractor has the right to delete any information of the User at the request of the copyright holder or the competent state authorities, as well as at its discretion, if it does not comply with the principles and principles of public morality, or contradicts the editorial policy, or is prohibited by the legislation of Ukraine. The decision to remove is final and not subject to appeal.
3.8. The Contractor shall have the right to transfer the Website with all its services and content, including personal information of Users, to its successor on any legal basis. The transfer and notification of Users of such transfer is carried out in accordance with the requirements of the current legislation of Ukraine.
3.9. The Contractor has the right without prior notice to the User to unilaterally make changes to this Public Offer Agreement. Changes to the terms of the Offer take effect immediately after their publication on the Website at http://autoportal.ua/legal.
3.10. The Contractor has the right to change the cost, types of Services and their terms, add new Services, suspend and change the current Services, while the prepaid Service will be provided at the rate that existed on the date of payment.
3.11. The Contractor has the right to notify the User by any means available to him (via e-mail, telephone, etc.) about changes on the Site and ongoing promotions.
4. Rights and obligations of the User
4.1. The User has the right to register on the Site for the further Use of the Site and its Services by filling out a form indicating the valid email address to which only the User himself has access, the selected password, as well as other data necessary for registration on the Site. After that, the User receives an email to the address indicated by him containing a link, which is necessary to complete the registration and confirm the ownership of the email address to the User.
4.2. The User undertakes to keep his credentials on the Site (login and password) in secret and in the case of compromise of the credentials must immediately change the password, and in case of impossibility, contact the Contractor in a way that is accessible to him to agree on further actions.
4.3. The user is granted the right to use the functions and services of the Site solely in accordance with their intended purpose.
4.4. The user has the right to make an advance payment to his personal account. Funds from the personal account of the User can be spent within 3 years from the date they are paid to pay for any Services on the Site. In case of non-use of the prepayment after 3 years, the Contractor does not guarantee the possibility of the User accessing the corresponding prepayment amount and it can be debited from the User's account.
4.5. The User is prohibited from posting on the Site materials and / or information of an advertising or commercial nature, except for sections of the Site specifically for this purpose.
4.6. User is prohibited to use the Site in illegal and prohibited activities. The user agrees to comply with the laws, including not to spread spam, not to distribute malicious software, links to WEB-resources that may harm someone, and not to perform other actions on the Site that do not meet the standards of morality and legislation of Ukraine.
4.7. The User is prohibited from using the Site materials in whole or in part without reference to the Site.
4.8. The user has the right to contact the Contractor with complaints and suggestions about the work of the Site through the feedback form available at http://autoportal.ua/feedback.html, which will be considered within two working days from the moment of their receipt or from the moment of receipt of the full information on the substance of the complaint.
5. Responsibility of the Contractor and the User
5.1. The User understands and agrees that he is responsible under the current legislation of Ukraine for any information and / or materials that are posted on the Site.
5.2. By placing information and / or materials on the Site, the User guarantees that he has all the necessary rights to post information and / or materials on the Site. If the User does not have proper rights to post any information and / or materials on the Site, the User undertakes not to post such information and / or materials, and is solely responsible for the content, placement and use of such information and / or materials.
5.3. The user is responsible and independently takes measures to ensure the security of his account (including control of the e-mail address). User agrees to promptly notify the Contractor of any cases of unauthorized use of his account by third parties.
5.4. The User is responsible for all actions performed on the Site using the account and on behalf of the User (using his login, email address and password to access the Site), including actions with money in his personal account and the correctness of the details of the payments made. The user is allowed to use the Services of the Site only with the help of his own login, email address and password.
5.5. The user bears the costs associated with the implementation of remittances when paying for the Site Services.
5.6. The Contractor is not responsible for the accuracy and correctness of the information provided by the User during registration.
5.7. The Contractor is not responsible for the content of information posted by Users (including ads, hyperlinks, reviews, comments, etc.).
6.1. The Contractor ensures the security of the User's data from loss, disclosure and unauthorized access by third parties using security systems technologies, the introduction of a restricted access mode and access control to data by authorized employees.
6.2. The User’s personal data base “Users” is registered in accordance with the law of the personal data database in the sense used in the Law of Ukraine “On Personal Data Protection”.
6.3. By using the Site, the User grants the Contractor the full right (permission) to process his personal data in order to ensure the implementation of business activities and conclude agreements, according to the Civil Code of Ukraine, to provide and / or transfer personal data to third parties in the manner and on the grounds specified by applicable law and the Contractor’s internal documents without the need to notify the User about the actions with personal data and knows the location of the database personal data containing his personal data, its purpose and name, the location of the Contractor.
6.4. In the event of a change in the specific purpose of processing personal data, the User does not object to the processing of his personal data, if such a need is determined by the current legislation and / or internal documents of the Contractor, and also informs that he is familiar with the Law of Ukraine "On Personal Data Protection" of June 1 2010 N 2297-VI with all the changes and additions to it, in particular about their rights defined by this Law. In addition, the User confirms the fact of a written notice about the inclusion of his personal data in the relevant personal data database, the purpose of the data collection and the persons to whom his personal data are transmitted.
6.5. Personal data, except for impersonal personal data, on the access mode are information with limited access.
6.6. The Contractor discloses personal and other data of Users solely for purposes related to the use of the Site and the provision of the Services. The user agrees with the disclosure of the data entered by him to all users of the Site subject to the conditions and restrictions established by this Offer.
6.7. In accordance with the requirements of the current legislation of Ukraine, the Contractor may disclose User’s data to third parties for purposes related to their legal rights and powers, including to state bodies and institutions, while observing the established procedure for providing such data.
6.8. The use of personal data in historical, statistical or scientific purposes, as well as in aggregated form, is carried out exclusively in an impersonal form. The use of personal data of the User in an impersonal form does not require his additional consent.
7. INTELLECTUAL PROPERTY. COPYRIGHT.
7.1. The seller is the sole owner of the Avante Trademark, according to the Testimony of Ukraine.
7.2. Clause 2, 4 of Article 16 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" establishes that the certificate gives its owner the right to use the sign and other rights defined by this Law.
7.3. According to Art. 20 of the Law of Ukraine "On the Protection of the Rights to Marks for Goods and Services" any encroachment on the rights of the owner of the certificate under Art. 16 of this Law, including performing actions requiring his consent and preparing to commit such actions without the consent of the owner of the certificate, is considered a violation of the rights of the owner of the certificate, which entails responsibility in accordance with the current legislation of Ukraine.
7.4. Violation of the rights of the owner of the certificate is also considered the use without his consent in the domain names, marks and designations specified in paragraph 5 of Article 16 of this Law.
7.5. For legitimate use of TM - applying it to any product for which a mark is registered, hereinafter referred to as “Product”, a package containing such Goods, a sign, label, badge, tag or other item attached to the product, storing such goods with put a specified sign for sale, offer it for sale, sale, import (import) and export (export), use it in business documentation or in advertising, and on the Internet, including domain names, you need to get a separate permit.
7.6. If business entities have expressed a desire to use the TM in their activities, for permission to use it, they can send an email to [email protected]
7.7. The seller is the owner of exclusive property copyrights for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on the website avante.com.ua. to illustrate goods and services.
7.8. Due to the presumption of originality of copyright objects, all photographic works are original, therefore they are protected by copyright without registrations and formalities from the moment of their creation in all countries of the world according to the 1886 Bern Convention for the Protection of Literary and Artistic Works law and related rights "of 1993.
7.9. The subject of exclusive property copyright to photographic works may authorize the use of these works to third parties and prohibit their use, if any, without permission. The owner of the photo posted on the website avante.com.ua gives permission to use his photo only if the photo has a back link to the source.
8. Circumstances of force majeure (force majeure)
8.1. The Parties are exempt from liability for failure (improper performance) of their obligations under this Offer in cases where force majeure occurs, such as: fire, flood, earthquake or other natural disaster, war, military actions of any kind, terrorist acts, announcement default by the Government of Ukraine and which occurred through no fault of the Party concerned, as well as other circumstances that could not be foreseen or prevented by the Parties, including the adoption of the law and / or other th normative act, or an act of non-normative nature adopted by a public authority or local government, which prohibits or restricts any action of the Parties under the Offer.
8.2. The occurrence of force majeure extends the terms of fulfillment of obligations under the Offer for a period that is equal to the validity of force majeure. A party is obliged within 10 calendar days from the moment such circumstances arise to notify the other Party about force majeure circumstances. A proper confirmation of the existence of force majeure is a certificate of the authorized state body of Ukraine
9. Dispute Resolution
9.1. In case of disputes in connection with this Offer, the Parties shall resolve them through negotiations.
9.2. If the dispute cannot be resolved by negotiation, the dispute is to be resolved in the Independent Court of Arbitration of the All-Ukrainian public organization League of Legal Protection of Consumer Interests (registered by the Ministry of Justice of Ukraine on September 14, 2004, certificate No. 001-t.) , at the location of this arbitration court: the city of Kiev, Klovsky descent, 9/2, office 70. The decisions of the Court of Arbitration will be final and binding for the Parties and will be carried out by them within a specified time frame, specified s decision to the Court of Arbitration. By signing this Offer, the Parties confirm that they are familiar with the content of the Standing Regulations of the Independent Arbitration Court of the All-Ukrainian Public Organization “League of Legal Protection of Consumer Interests” and the Regulations on Arbitration Fees and Expenses of the All-Ukrainian Independent Public Organization of the League of Legal Protection of Interests consumers ”and agree to their terms.
10. Term of the Offer
10.1. The Offer takes effect from the moment it is posted on the Website and is valid until the Parties fully fulfill their contractual obligations undertaken by each Party in the manner determined by this Offer.
10.2. In case of early termination and / or termination of the contract of the Offer for any reason and grounds, the cash received as a prepayment will not be returned to the User.
10.3. In the event that one or several provisions of this Offer is invalidated in the manner prescribed by law, it will not mean the recognition of the remaining provisions of the Offer as invalid.
st. Academica Shchusev, 18/14, of. 2
Tel / Fax (044) 585-64-94
Accounts 26009289244001 in the RCSC Privatbank, Kiev
MFO 320649, ЄDRPOU 30523822
General Director - S.Y. Jeltyhina