MACHINERY PARTS Service License Agreement
1. GENERAL PROVISIONS
1. This Public Agreement (Agreement and/or Offer) regulates relations regarding the use of the website mparts.site (hereinafter referred to as “Website" or "Websites") between the User and Machinery Parts (hereinafter referred to as "Executor" and/or "Company").
2. This Agreement is a public contract, and in case of acceptance (acceptance) of the conditions set out below, any legally capable individual or legal entity (hereinafter referred to as “User") agrees to comply with the terms of this Agreement.
3. In this offer, unless the context otherwise requires, the following terms have the following meanings:
1. Offer – a public offer of the Contractor, addressed to any capable individual and/or legal entity, to enter into a Public Agreement with him for the provision of services on the terms contained in this Agreement, including all its annexes and the Privacy Policy;
2. Acceptance – full acceptance by the User of the terms of the Agreement;
3. User – any legally capable individual or legal entity who has accepted the terms of this Agreement and who uses the Company’s services. On behalf of a legal entity, use of the Site is carried out by an authorized employee/representative of such legal entity. The concept of “User” also includes the concept of “Unregistered User”, subject to the restrictions set forth in this agreement on the use of the Machinery Parts Services by Unregistered Users;
4. Unregistered user – any capable individual or legal entity represented by an authorized employee/representative who has not completed Registration and has accepted the terms of this Agreement by filling out (providing) the necessary information in the relevant forms of the Site solely for the use of all available services of the Site for this category of users, in particular for the use of such service, such as viewing (reading) contact information about other Users registered on the Site, and/or communication with Users registered on the Site to obtain additional information regarding a particular Product;
5. Product – a material object that includes the following categories of auto products: special equipment, spare parts and components for special equipment, spare parts for mining equipment, spare parts for agricultural equipment, spare parts and equipment;
6. Service – any operation related to the provision of a service that is consumed in the process of performing a certain action or carrying out a certain activity to satisfy the personal needs of the customer;
7. Machinery Parts Service – any paid and free services provided by the Contractor using the Sites (for example, including, but not limited to, all its capabilities, text, data, information, software, graphs or photographs, drawings, etc., etc. .p.), as well as any other services provided by the Company using the services of the Sites;
8. Account – the User’s electronic account in the functional system of the Sites, with the help of which he can manage his advertisements on the Sites. An account/account can only be used by one User; transfer of data to access the account/account to another User (another person) is not permitted;
9. Registration – acceptance by the User of the offer to conclude this Agreement and the procedure during which the User, by filling out the appropriate forms on the Site, provides the necessary information for using the services of the Site. Registration is considered completed only if all its stages are successfully completed in accordance with the instructions published on the Site;
10. Personal Information – this is personal data, information, information or a set of information about an individual who, with the help of such data and information, is identified or can be specifically identified;
11. Account blocking – a restriction on the part of the Company of the functionality of Machinery Parts services for a specific account, which consists of stopping the display of all advertisements for this account, depriving the right and technical ability to create, post and publish new advertisements.
4. If the User does not agree with the Agreement in whole or in part, the Contractor asks him to leave this site. These terms and conditions govern the User's use of the Sites. Using the Site means that the User has read this Agreement, understands and accepts its terms.
5. Using the Site after completing the registration procedure means that the User has accepted the terms of this Agreement in full, without any reservations or exceptions. If the User disagrees with any of the provisions of this Agreement, the User has no right to use the Machinery Parts Services.
6. The Company hereby invites Internet Users to use the Machinery Parts Services on the terms and conditions set forth in this Agreement.
7. The Company offers the User services for using the Sites to post information about Products for the purpose, including, but not limited to, the subsequent purchase or sale of various Products by other Users.
8. All transactions are concluded between Users directly. Thus, the Company is not a participant in User transactions, but only provides a communication trading platform for posting advertisements.
2. USER REGISTRATION
1. Internet users have the opportunity to view advertisements posted on the Site without registration.
2. An unregistered user has the opportunity to use the Site services available to Site users who have not completed Registration, in particular: view advertisements and contact information about other Users registered on the Site; contact Users registered on the Site to obtain additional information regarding a particular Product.
3. Registration on the Site is required to use all Machinery Parts Services. In order to receive Machinery Parts Services, the User fills out a form indicating a valid email address to which only the User has access, the selected password, as well as other data required for registration. After this, the User receives a registration confirmation email containing a link that must be clicked to complete the registration.
4. When registering, the User is obliged to provide truthful, accurate and complete information about himself on the questions proposed in the registration form and in the forms in the “My Machinery Parts” section of the Site, and keep this information up to date.
5. If false information is provided, the Company has the right to suspend or cancel the User’s registration and/or terminate the provision of Machinery Parts Services
3. PLACEMENT OF ADVERTISINGS
1. The user receives the right to post advertisements on the Sites after making payment in accordance with the provisions of clause 7 and filling out a special form indicating contact information and parameters of the offered Goods.
2. The period for posting a free ad on all Sites is 90 calendar days. The period for posting 1 paid ad on all Sites is 30 calendar days, after which the ad can be reactivated by the User.
3. A message posted by the User on one of the Sites will be automatically posted on all Sites, after its technical characteristics are translated into all languages of the Sites.
4. Using the capabilities and services of the Sites, both by registered and unregistered Users, means accepting the obligation to follow the rules and instructions for using the Site, incl. present agreement.
5. The User is responsible for all actions using his email address and password to enter the Sites. The user has the right to use Machinery Parts services only using his own email address and password. In case of transfer of data for access to an account/account to another User (another person), such account/account may be blocked at the discretion of the Company.
6. The user undertakes to maintain the confidentiality of the password and not disclose it to third parties.
7. The User is obliged to immediately change the login information for the Sites if he has reason to suspect that his email address and password used to log into the Sites have been disclosed or may be used by third parties.
8. A user posting advertisements for the sale of goods or services on the Site undertakes to post information about them in accordance with this Agreement and the instructions presented on the Site, and to provide accurate and complete information about the Product and the terms of their sale. By posting information about the Product, the User confirms that he has the right to sell this Product or provide this service in accordance with the requirements of the legislation of the countries in which they are sold.
9. The User guarantees that the Products offered by him comply with the quality standards established by the legislation of the countries for which they are sold and are free from the claims of third parties.
10. The User guarantees that the services offered by him, if their provision requires special permission, will be carried out in accordance with the requirements of the legislation of the countries whose special bodies will be authorized to supervise such activities of the User.
11. The Company has the right to move, terminate or extend the period of demonstration of the User's product or service for technical reasons under the control or beyond the control of the Company. The Company has the right to stop displaying an advertisement if the User has registered a product or service in violation of the terms of this Agreement or current applicable law.
12. It is not allowed to indicate incorrect characteristics of the Goods, including indicating a price that does not correspond to the actual selling price of the Goods. The price must be indicated in full for the entire Product.
13. The title of the posted advertisement must correspond to the text of the advertisement itself and must not contain contact or personal information about the User (phone number, email address, Internet resource address).
14. A photo demonstrating the Product offered for sale by the User must correspond to the title and text of the advertisement. The photo must show only the offered Product. Stock photos and/or photos downloaded from the Internet are prohibited.
15. The user agrees not to perform the following actions:
– Publish advertisements in a category that does not correspond to the content of the advertisement;
– Publish advertisements whose description and/or title/photos are unrelated and unreadable;
– Publish advertisements offering several goods and services at the same time;
– Insert links to resources in the ad that contain malicious elements or links to the main page of the site;
– Post an advertisement about a product or service if such placement may lead to a violation of law enforcement legislation;
16. Advertisements may undergo selective post- or pre-moderation by representatives of the Company.
17. It is prohibited to place advertisements promoting the sale of:
– not included in one of the categories of Products, information about which is available for publication on the Site;
– stolen or illegally obtained Goods;
– Goods that pose a danger to life and health;
– non-existent Goods;
18. The company has the right to remove advertisements at the request of the copyright holder or competent government authorities. The company also reserves the right to remove any advertisements that, in its opinion, do not comply with the principles and principles of public morality. The decision to remove is final and cannot be appealed.
19. The Site Administration (Company representatives) has the right to:
– Make changes to the text of the User’s advertisement regarding spelling and punctuation that do not affect the general meaning of the content of the advertisement;
– Transfer advertisements to other sections of the Sites if a more suitable section for their placement is identified.
20. The Company is not responsible for the content of advertisements or hyperlinks to resources specified in the description of User advertisements.
21. The company does not guarantee the correctness, accuracy, detail or completeness of information posted on websites by third parties. In this regard, the Company declines responsibility for:
– for any violations of the Site;
– for any errors in the operation of the Site;
– for harm, damage, loss of information or for causing any other losses to any persons that arose when using the Machinery Parts Service, including costs for purchasing objects through the Sites, loss of profits, customers or data and any other material losses incurred as a result visiting these Sites or the inability to visit them, as well as due to reliance on any information directly or indirectly obtained on these Sites;
– for violation by the User of copyright and other rights of third parties, by publishing materials that do not comply with current legislation (including copyright), added by the User to the Sites or transferred to the Company in any other way.
22. The subject of advertisements may be Products, the sale of which is not prohibited or restricted in accordance with the laws of the country in which they are sold, and also does not contradict this Agreement.
4. CONDITIONS FOR PROCESSING USERS' PERSONAL DATA AND CONSENT TO IT
1. When registering and posting advertisements, users of the Site (including Unregistered users in the cases provided for in this agreement) to be able to use the Machinery Parts Services provide the Company with the right to process their personal data under the conditions provided for in the privacy policy located at: https://mparts.site/privacy-policy/
5. INFORMATION PROVIDED BY THE USER
1. The Company reserves the right, if necessary, to contact the User: send information messages to the email, physical address and/or telephone number specified by the User during registration or specified by an Unregistered User in the case of using the available services of the Site.
2. Information is collected by independently, using the Site’s software, the User indicating the relevant data required to place advertisements on it or the Unregistered User indicating the necessary data to use the available services of the Site.
3. Information of a technical nature contained in the system, for example, IP addresses, in accordance with the general rules of Internet communications, is used by the Company for purposes related to the maintenance of network equipment, as well as for the aggregation of general statistical, demographic information (for example, about the region , from which the connection was made by the user).
4. Data from the last access to the system is also used to collect statistical information about the use of services by Users.
5. The User is prohibited from providing information in violation of this Agreement or the rights of third parties.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
1. All objects available through the Company’s services, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any content posted on the Sites’ services, are objects of exclusive rights of the Company, Users and other rights holders.
2. Use of the content, as well as any other elements of the services, is possible only within the framework of the functionality offered by one or another service of the Sites. No elements of the content of the Sites’ services, as well as any content posted on the Sites’ services, may be used in any other way without the prior permission of the copyright holder. Use includes, but is not limited to: reproduction, copying, processing, distribution on any basis, etc.
3. In order to provide the Company with the right to publish information provided by the User, the User grants the Company a worldwide (not geographically limited), perpetual, irrevocable, non-exclusive, sublicensable right to use, publish, collect, display, copy, duplicate, reproduce, make available to the public regarding copyrights, publications and databases owned by the User, as well as regarding the information, images and photographs provided by him on all known or unknown information media. The rights listed above are provided to the Company free of charge (without payment of remuneration). In this case, the User retains all property rights to the content of the information posted in the advertisement. In addition to the above, the User grants the right to access the information posted by him to all users of the Sites. The User agrees that text, photographs, and other materials added to the advertisement may be used by the Company in the preparation of advertising materials, articles, reports, analyzes, etc., and used by the Company at its sole discretion without additional consent from the User , without payment of remuneration.
4. By using the services of the Sites, the User confirms that he is solely responsible for the content of the advertisements posted by him and the data provided, and also has all the necessary rights, licenses, permissions to post information in the advertisement on the Sites, including, without limitation, all patents, trademarks, commercial secrets, copyrights, or has the appropriate written consent, license or permission of all individuals and companies identified in the ad to use their names or images.
5. The user undertakes:
1. Do not take any actions that may lead to a disproportionately large load on the infrastructure of the Sites;
2. Do not use automatic programs to gain access to the Sites without the written permission of the Company;
3. Do not copy, reproduce, modify, distribute or present to the public any information contained on the Sites (except for information provided by the User himself) without the prior written permission of the Company;
4. Not to interfere or attempt to interfere with the operation or other activities on the Sites; and not to interfere with the operation of automatic systems or processes, as well as other activities, in order to prevent or restrict access to the Sites;
5. Do not use information provided by other Users for purposes other than to complete a transaction directly with this User, without the written permission of the other User. This clause of the Agreement does not include the User’s personal data, which the latter provides to the Company upon registration.
6. The user is prohibited from:
1. Discussion of the actions of moderators and the administration of the Site in any way other than through electronic correspondence with moderators;
2. Using User names similar to the names of other Users in order to impersonate them and write messages on their behalf.
3. Use any software, including any third party software, for the purpose of aggregating and/or processing data or other information contained on the Sites, including, but not limited to, the User’s Personal Data and the content of the User’s advertisements;
4. Carry out any actions, including, but not limited to, deleting and re-publishing a similar advertisement, which lead to the User’s advertisement being raised up the list of advertisements.
7. Access to the User’s personal data by other Users is possible only with the User’s written consent to such access or in accordance with the requirements of the relevant legislation.
8. The Company undertakes to make every effort to properly fulfill its obligations under this Agreement, including the normal operation of the Sites’ services and the non-distribution of personal data provided by the User to third parties, except as required by law.
9. The Company may periodically establish restrictions on the use of the Sites’ services, in particular, the maximum number of days for storing advertisements and their size. The Company has the right at any time to change or terminate the operation of the Site services or part thereof, with or without notice to the User, without being liable for such changes or termination.
10. The Company may restrict the User’s access to the Sites if the User violates the terms of this Agreement. The fact of a violation is considered confirmed if the User was notified by the administration of the Sites about the conduct of activities that violate the rules of the Sites and the rights of third parties. The Company reserves the right, in the event of a violation by the User of the terms of this Agreement, at any time to delete or block the User’s account (in the meaning of the term Account Blocking in accordance with clause 1.3 above), without prior notification to the User of such blocking and without bearing responsibility for its actions to the User and third parties.
11. In the event of a violation by the User of clause 6.6.4 of this Agreement, the Company has the right to establish restrictions on the functionality of the User’s advertisements, including, but not limited to, stopping the ability to update the User’s existing advertisements and deprive them of the ability to publish new advertisements. In this case, funds paid by the User for the Service are not returned.
12. In the event of a repeated violation by the User of clause 6.6.4 of the Agreement, the Company has the right to block the account of such User without returning the paid funds.
13. The Company has the right to transfer the Sites with all its services and content, including Personal Data of Users, to its successor under contracts or other grounds. The transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation of the Republic of Kazakhstan.
14. The Company reserves the right at any time to require the User to confirm the Personal data specified by him during registration, and to request in this regard supporting documents (in particular, copies/certified copies of identification documents), failure to provide which is at the discretion of User may amount to providing false information. If the User's data specified in the documents provided by him does not correspond to the data specified during registration, and also in the event that the data specified during registration does not allow identifying the User, the Company has the right to block the User's account with or without prior notification to the User .
7. PAYMENT FOR SERVICES
1. Ordering (acceptance) of paid Machinery Parts services, including posting advertisements on the Sites, is carried out by the User on the service order page on the Site.
2. The User undertakes to familiarize himself with the prices for paid services of the Company posted on the Sites, after which he can order such services.
3. The cost of posting ads for the User (individual) is available on the order page and depends on the specific service package chosen by the User.
4. Before ordering paid Services of the Company, the User must pay for them. Payment received from the User is not returned to the latter and can be used by the User only to order paid Services of the Company.
5. Obligations to pay for the Company’s Services are fulfilled by one of the following persons:
1. Fully capable User;
2. Incapacitated or partially capable User with the written consent of the legal representative;
3. A third party to whom the User is entrusted with the fulfillment of a monetary obligation.
6. Payment for Machinery Parts Services can be made by bank transfer, bank card (Visa / MasterCard) or other systems that allow electronic payments depending on the country of location of the User. A complete list of possible payment methods is available to the User on the web page on which payment is made. The Company is not responsible for any possible consequences of using payment systems, the completeness and quality of payment system services and any actions of organizations that accept payments from the Company.
7. The Company, if it has the technical capability and the ability to identify the User, can provide the User with an Acceptance and Transfer Certificate for the provided paid services. The User undertakes, within 5 (five) calendar days after receiving such an Act, to sign and send to the Company a signed copy of the Act, or within the same period to send to the Company a reasoned refusal to sign the Act indicating the reasons for the refusal to sign. If within the specified period the User does not send the signed Certificate, or a reasoned refusal to sign it, the paid services provided by the Company are considered accepted without comments regarding the quality and timing of provision.
8. The company reserves the right to change the cost of paid services specified in paragraphs. 7.2 and 7.3. of this Agreement without any special notice to the User. New tariffs for paid Services of the Company come into force from the moment they are posted on the Internet on the Company’s Website.
9. The user is solely responsible for the accuracy of the payments he makes.
8. LIMITATION OF LIABILITY OF THE COMPANY
1. By using the Machinery Parts services, the User confirms his agreement that he bears all risks associated with the use of advertisements posted on the Sites, and the Company, including its management, employees and agents, do not bear any responsibility for the content posted on the Site advertisements, for any damages and losses resulting from the use of advertisements posted on the Sites.
2. The Company is not the organizer/initiator of transactions between Users and third parties, and is not a party to such transactions. The Site is a trading communication platform that provides Users with the opportunity to post for sale, sell and purchase goods and services permitted by the Site and the law at any time, from anywhere and at any price.
3. The Company cannot control the accuracy of the information posted by Users in advertisements. The Company is not responsible for any damage caused as a result of the transaction or improper behavior of any party to the transaction.
4. The Company is not responsible for the behavior of Users or for the goods/services they offer indicated in the posted advertisements. All disputes and conflicts between Users are resolved by them independently without the involvement of the Company.
5. The Company is not responsible for any unauthorized access or use of the Company’s servers and/or any information about Users stored thereon, as well as for any errors, viruses, Trojan horses, etc. that may be transmitted to the Sites or through the Sites by third parties.
6. The quality, safety, legality and compliance of the product or service with its description, as well as the User’s ability to sell or purchase the product/service are beyond the control of the Company.
7. If the User has claims against another User as a result of the latter’s use of the Site’s services, the User agrees to make these claims independently and without interference from the Company, and also releases the Company (along with its subsidiaries, affiliates, employees, directors, authorized and employees) from all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, known or unknown, arising out of or in connection with such claims of damages and losses.
8. Inaction on the part of the Company in the event of a violation by the User or other users of the provisions of the Agreement does not deprive the Company of the right to take appropriate actions to protect its interests later, and also does not mean that the Company waives its rights in the event of subsequent similar violations.
9. The Company is not responsible for failure to fulfill or difficulties in fulfilling obligations to provide access to the Site due to unforeseen force majeure circumstances, the consequences of which cannot be avoided or overcome (such as government decisions, labor disputes, accidents, breaks in the general communications system and etc.).
10. The Company is not responsible for problems in the operation of the Sites caused by technical interruptions in the operation of equipment and/or software.
11. Under no circumstances will the Company, its management, employees and agents be liable for direct, indirect, incidental, special damages, losses or punitive damages of any nature (even if the Company has been advised of the possibility of such damage) as a result of the use of the Sites and its services by the User, including without limitation cases in which damage resulted from the use or misuse of the Sites and its services.
12. Nothing in the Agreement can be understood as the establishment between the User and the Company of agency relations, partnership relations, joint activity relations, labor relations, or any other relations not expressly provided for in the Agreement.
13. The Company is responsible for advertising placed on the Sites’ services, within the limits established by applicable law.
9. TERM OF THE AGREEMENT AND TERMINATION OF SITE SERVICES
1. This Agreement comes into force from the moment the User begins using any service of the Site, or from the moment the User registers on the Site and is valid indefinitely.
2. The user has the right to terminate his registration on the Site unilaterally, without prior notice to the Company or explanation of the reasons.
3. If the Company has made any changes to the Agreement in the manner provided for in clause 10.1. Agreements with which the User does not agree, he is obliged to stop using the services of the Sites. The fact of non-cessation of use of the Sites is confirmation of the User’s consent to the relevant version of the Agreement.
4. Termination of the Agreement by the Company may occur in the following cases:
1. Violation by the User of the provisions of this Agreement, causing any harm to the Company, including its reputation, or other Users;
2. Committing other actions that are contrary to the Company’s policy.
5. Legal relations can be resumed only after the Company’s administration makes an appropriate decision.
10. CHANGES TO THE AGREEMENT
1. The Agreement may be changed by the Company without any special notice to the User. The new version of the Agreement comes into force from the moment it is posted on the Internet at the address specified in this paragraph of the Agreement, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always located on the page at https://mparts.site/terms.
11. OTHER CONDITIONS
1. Information messages intended for a wide range of Users are published on the Sites and/or sent to the email addresses of Users.
2. If disputes and disagreements arise between the Parties under this Agreement or in connection with it, the Parties undertake to resolve them through negotiations, taking into account the provisions of clause 11.3 of this Agreement. If any disputes, controversies or claims arising out of or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, cannot be resolved through negotiations, then these disputes will be resolved in accordance with the current legislation in court.
3. If the User has any claims and/or demands against the Company regarding the execution of this Agreement, or in connection with the actions of other users of the Machinery Parts Service, the User may contact the Company by sending a message to the email address: info@mparts.site . The period for consideration of this appeal is thirty (30) calendar days.
4. This Agreement is governed by and construed in accordance with the laws of the Republic of Kazakhstan. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.
5. This Agreement has been prepared in English. Translation into any other language is carried out in order to comply with the necessary legal requirements. In the event of any discrepancy between the English version and any other language version, the English version shall prevail.
6. The Contractor has the right to provide Services to Users in different countries through its affiliates. Affiliates are not liable for any indirect or special damages, unintentional actual damages or lost profits, lost data or any other harm or inconvenience caused to the User in connection with the use of the Sites. The Company bears all responsibility to the User.
7. The recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity or unenforceability of other provisions of this Agreement.