Terms of Use

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1.    Definitions

1.1.      UAPROM:  UAPROM Ltd. with the registered office in Kiev, Ukraine, office no. 107,  Boryspilska 9 Street, Building 91, Kyiv 02099, registered under number 36507036, tax identification number 365070326519

1.2.      ProMarket.in– an online platform operated by UAPROM Ltd. of a public character in ProMarket domain, making it possible to register and manage a Website.

1.3.      Software: software being the object of copyrights owned by UAPROM, used to register and manage the Website. The software consists of two integral parts:

1.3.1.  a public part used by the user for supporting sales of products on the Website in the Internet,

1.3.2.  an administrative part secured with an e-mail and password, available only for the user, used for administration and management of the Account.

1.4.      User: a natural person carrying out a business activity, a legal entity or an organizational unit without legal personality benefiting from services provided by UAPROM on ProMarket.in and meeting requirements defined herein.

1.5.      Ad: information on products, placed by the user on ProMarket.in (an invitation to conclude a contract of sale) or user’s offer directed to the Customer with a possibility to conclude a transaction on ProMarket.in in the form of a Sale or a Buying Lead.

1.6.      Account:  an account kept for the user by UAPROM on ProMarket.in, being a set of resources, where information on the user and his activities on ProMarket.in are collected in respect of his benefiting from services provided by UAPROM on ProMarket.in.

1.7.      Registration – a procedure of setting up an Account on ProMarket.in by the user by filling in an online registration form available on ProMarket.in websites.

1.8.      Domain: a domain where the Website is available. It is a subdomain derived from ProMarket.in domain (or any other online domain made available by UAPROM) selected by the user during registration or an online domain indicated by the user.

1.9.      Website: a set of websites and IT tools managed by the user and making it possible for Customers to buy products placed by the user on the Internet. The Website is available on ProMarket.in and operates on the basis of Software in the Domain.

1.10.   Administration Panel – a part of Software available in the Account, containing a set of tools making it possible to administer and manage the Website.

1.11.   Materials  –  information contained on the Website, i.e. names and descriptions as well as photos and images of products, together with prices and designations of their manufacturers and the user, published by the user on the Website.

1.12.   Terms and Conditions – these terms and conditions of ProMarket.in

1.13.   Customer – an Internet user who buys or intends to buy products offered by the user on the Website.

1.14.   Price list – a price list of products provided to the user by UAPROM Ltd. on ProMarket.in.

 

2.    Terms of Participation on ProMarket.in

2.1.      UAPROM, as an operator of ProMarket.in, makes it possible for users to carry out their own trade activity in the Internet in the form of a Website, by providing the user with tools used for registering and managing the Website, constituting parts of Software made available on ProMarket.in.

2.2.      Users must not be entities against which there has been a bankruptcy procedure instituted.

2.3.      The condition for benefiting from services provided by UAPROM on ProMarket.in is making a Registration. To make a registration, it is required to fill in an online registration form available on ProMarket.in, in particular by entering the following data: company name (business entities), tax identification number (NIP number in the case of users registered or resident in India), full contact address including a country name, e-mail address, contact phone number and an access password to the Account.

2.4.      In the case of a legal entity and an organizational unit not having a legal personality, registration and any further activities of this entity on ProMarket.in can only be performed by a person authorized to make any activities connected with the registration on behalf of this entity and to perform any rights and obligations of this entity as a user.

2.5.      UAPROM may request authentication of data by the user, including its update.

2.6.      As a result of registration of user’s account on ProMarket.in, his personal data is disclosed in the Ad.

2.7.      UAPROM shall create an Account for the user and a Website address on the basis of a Domain indicated by a user the moment the user completes the registration process correctly, i.e. registration made in accordance in particular with art. 2 (2.3) and (2.4) hereof.

2.8.      UAPROM shall inform the user about the address of the website used to log in to the Administration Panel. Information about this website address is provided during registration on ProMarket.in on a website or is sent by e-mail to the address entered by the user during registration. The user shall receive access to the Administration Panel after entering a correct login and password to his Account in an online form used to log in to the Administration Panel and placed on a website used to log in to the Administration Panel.

2.9.      In the event the user changes any data provided during registration, the user shall immediately update it with the use of an appropriate form available in the Administration Panel. The user must not delete data referred to in point 2.3 above when using services provided by ProMarket.in and enter incomplete or untrue data. The user may change an e-mail address and Domain that were specified during registration.

2.10.   The technical condition of using services provided by UAPROM on ProMarket.in is having a computer with access to the Internet and an e-mail account operating on any server.

2.11.   After creating the Account, the user may place Materials on the Website using appropriate options in the Administration Panel.

2.12.   The user may have only one Account.

 

3.    Conditions for Posting Ads

3.1.      UAPROM shall make it possible for users to conclude agreements under rules defined herein and therefore, shall provide a user with tools available in the Administration Panel. UAPROM shall not be a party to the agreement concluded between a User and a Customer. The sole responsibility for the performance thereof shall be borne by the parties thereto.

3.2.      The user may place an unlimited number of Ads on ProMarket.in.

3.3.      The user may only place such Materials in the Ad, to which the user holds rights of use, including the right to place the Materials in the Ad, and in particular rights to use objects of intellectual property such as trademarks or commercial names.

3.4.      Contents of User’s Ad must not infringe provisions of applicable laws, personal rights and rights of third parties.

3.5.      Regardless of art. 3.4, the user must not take any activities or publish any Ads including contents infringing provisions of law, rights of third parties, good customs and forbidden contents referred to in Annex no. 1 hereto.

3.6.      The user shall place characteristic features of his business activity and contact data in the Ad, together with a description of a product or a service and general terms and conditions of transactions.

3.7.      The user shall comply with all provisions regulating his business activity within the scope of the business activity he carries out, including provisions of the Act on providing electronic services, and provisions of the Indian Civil code.

3.8.      The user shall correctly assign each Ad to a relevant professional category appropriate for the type of service or order.

3.9.      UAPROM reserves the right to change the professional category where the ad was published in the event the professional category selected by the user does not reflect the Ad’s content.

3.10.   The user shall be fully responsible for fraudulent representation of statements and failure to meet obligations arising hereof.

3.11.   The Ad shall be published after filling in and confirming the form available in the Administration Panel.

 

4.    Rights and Obligations of the User

4.1.      The user is not entitled to use the tools and other components of the Software in any other way than the one described herein. In particular the user is not entitled to maintain the Website on any servers other than UAPROM servers as well as download and upload any Software components made available by UAPROM on servers other than UAPROM servers.

4.2.      From the moment of correct registration, the user may use tools available in the Administration Panel in accordance with their purpose. In particular, within the scope of available functionalities, the user may configure layout of the Website, make choices and paste graphical elements of the Website and its text elements with a possibility of their later modification in relation to so-called mobile elements of Websites. The user is entitled to modify Software components made available solely for the purpose of maintaining the Website hereunder.

4.3.      The user must not use Accounts owned by other users or make his Account available to third parties, except for making it available to persons duly authorized by the Use to act on his behalf.

4.4.      The user may only place such Materials on the Website, to which the user holds rights of use, including the right to place the Materials on the Website, and in particular rights to use objects of intellectual property such as trademarks or commercial names.

4.5.      Contents of the Website must not infringe provisions of applicable laws, personal rights and rights of third parties.

 

5.    Rights and Obligations of UAPROM

5.1.      UAPROM shall use best endeavours to ensure reliability and continuity of operations of the Website, Software and servers of ProMarket.in.

5.2.      When making it possible to use the Software on ProMarket.in, UAPROM shall not be in any way a party to transactions concluded by the user with Customers. The sole responsibility for the performance thereof shall be borne by the parties thereto.

5.3.      UAPROM shall not be held liable for contents of the Websites (including Materials), actions of the user and persons visiting the Website (including Customers) as well as for improper performance or failure to perform obligations by Customers or the user, resulting from transactions concluded on the Website. UAPROM shall not be held liable for consequences of User’s or Customers’ actions infringing these Terms and Conditions. In particular UAPROM shall not be held liable for quality, security or legality of products/services placed in the Ad, for truthfulness and reliability of information provided by the user, for user’s ability to sell products/services offered for sale and solvency of each party of transactions concluded on the Website.

5.4.      UAPROM reserves the right to remove the Website, Materials or suspend provision of services on ProMarket.in for the user by blocking the possibility to use one, several or all user’s Accounts in the cases specified in art. 5 and in any other cases referred to herein. As a result of blocking the possibility to use the Account (Account block), it shall not be possible to post Ads on the Website assigned to the Account which has been blocked.

5.5.      In the event there is a concern that illegal acts are or may be taken on the Website or in the event UAPROM receives reliable information about illegal character of Materials or User’s activity related to them, UAPROM may remove the Website or Materials, block temporarily or indefinitely the access to the Materials or block the User’s Account. The Materials may be removed or the Account may be blocked in the event the user fails to comply with a demand directed at him to remove the Materials.

5.6.      UAPROM may block the user’s Account temporarily or indefinitely in the event actions or failures to act of the user infringe the provisions hereof, adversely affect the reputation of UAPROM or act to the detriment of UAPROM in any other way, or in justified cases when the Account requires additional verification referred to in point 2.5.

5.7.      The user shall be fully liable for his actions and failures to act being the basis for blocking the Account and in particular shall be fully liable for damages towards UAPROM.

5.8.      In the event the Account is blocked, the public part of the Software supporting elements visible for third parties shall be blocked and an appropriate message shall be displayed on the Website, informing about deactivation of the possibility to post ads and conclude transactions. The user’s access to the administration part of the Software (Administration Panel) shall also be blocked.

5.9.      The user whose account is blocked cannot make another registration on ProMarket.in without prior consent of UAPROM. UAPROM may refuse the user to make another registration also when the Account of this user was blocked in the past.

5.10.   UAPROM reserves the right to suspend the Software operations temporarily due to technical reasons. UAPROM shall use best endeavours to ensure that technical breaks were held in the least inconvenient time for the user. UAPROM shall inform the user about planned breaks by placing relevant announcements in the Administration Panel.

5.11.   UAPROM shall not be held liable for consequences of incorrect use or lack of possibility to use the Software by the user due to reasons independent of UAPROM, in particular due to temporary unavailability of the Website for Customers or impossibility to post Ads and conclude transactions. UAPROM shall not be held liable for profits lost by users as well as for consequences of failures and breakdowns on ProMarket.in, including the Software, caused by factors independent of UAPROM.

5.12.   UAPROM reserves the right to modify the Software in any way.

5.13.   The user agrees for persons authorized by UAPROM to log into the Administration Panel of the Account owned by the user, in order to provide technical support to the Account (in particular to provide IT assistance).

5.14.   Any contents entered on ProMarket.in by default by UAPROM (in particular: price lists, terms and conditions, static contents of text sites) are of exemplary character. The user is entitled to adapt them to specific aspects of his business activity and applicable provisions of law, in particular by placing relevant Materials on the Website, relating to user’s activity.

5.15.   Provisions of point 5.14 shall not apply to contents of text sites which cannot be modified and the contents of which is fully provided by UAPROM. It is UAPROM to be held liable for contents of such sites.

5.16.   UAPROM and its affiliated entities shall hold copyrights to the Software and its particular components, graphical elements of ProMarket.in and in particular to “ProMarket.in” trademark, layout and composition of ProMarket.in as well as any industrial property rights, including rights from registration of trademarks and protection rights for trademarks placed on ProMarket.in. The user must not use objects of copyrights and industrial property referred to herein, except for the situations expressly specified herein or if it is possible to use them on the basis of an express written consent of UAPROM or its affiliated entities. UAPROM shall also hold the right to the concept of the Website, being all the functional solutions and visual elements. The user must not take any activities aimed to restore the Website outside ProMarket.in. The user shall authorize UAPROM to use the Materials and the name of the Domain in any way on ProMarket.in and on any other platforms referring to ProMarket.in, including by placing them on servers other than UAPROM servers. UAPROM may use the above-mentioned elements in respect of providing services on ProMarket.in and taking activities by UAPROM aimed to advertise and promote ProMarket.in or the Website, including with the use of links placed on other online platforms owned by or cooperating with UAPROM.

 

6.    Privacy and Confidentiality

6.1.      UAPROM shall use best endeavours to ensure protection of Customers’ personal data. In particular UAPROM shall use organizational and technical measures to secure Customers’ personal data, including measures stipulated in the provisions of applicable law. The above-mentioned provision shall not release the user from the obligation to provide protection of Customers’ personal data within the scope of activity carried out on ProMarket.in.

6.2.      Detailed rules for processing Customers’ personal data shall be regulated in the Agreement and Annex no. 2 hereto – “Privacy Policy”.

 

7.    Complaints Procedure

7.1.      The user may file a complaint in the event services specified herein are not provided or are provided in contradiction to the provisions hereof.

7.2.      The complaint may be filed in writing or by e-mail. It shall contain at least user’s data and a description of reported reservations.

7.3.      The date of filing a complaint shall be the date when UAPROM receives the complaint in its correct form, containing all necessary elements and not requiring to be completed.

7.4.      UAPROM shall consider a complaint within 14 days of its receipt in the correct form, subject to the fact that UAPROM may refuse to consider complaints filed 60 days after the occurrence of events constituting the reason for the complaint.

7.5.      A reply to a complaint after it is considered by UAPROM shall be sent to user’s e-mail address entered during the registration.

 

8.    Amendments to Terms and Conditions and Termination of Agreement

8.1.      UAPROM reserves the right to amend these Terms and Conditions, including particular annexes, at any time.

8.2.      The user shall be informed about such amendments and the possibility to accept them by a relevant message placed in the Administration Panel by UAPROM. The user may accept amendments in the way described in the message or refuse to accept them by sending a statement to UAPROM on refusal to accept amendments within 14 days from the date the user is notified about any amendments hereto by UAPROM. Failure to accept the amendments in the above-mentioned term shall be deemed refusal to accept them. The refusal to accept amendments sent within 14 days from the date the user is notified about any amendment hereto by UAPROM or failure to accept the amendments in the above-mentioned term shall be deemed termination of the Agreement by the user with 30-days’ notice with effect at the end of the calendar month, calculated from the end of the said 14-day term or from the date UAPROM receives a statement on refusal to accept amendments. Within the term of the notice the user shall be bound by the Terms and Conditions in the meaning applicable as at the time before amendments were made.

8.3.      UAPROM reserves the right to reduce fees temporarily within the scope of promotions limited in time under terms and conditions specified separately for such campaigns.

8.4.      The Agreement with the user may be terminated in the cases defined in art. 8 and in other cases specified herein. The Agreement shall be terminated in writing, otherwise being null and void, except for termination due to failure to accept amendments hereto within the term referred to in art.

8.5.      The Parties may terminate the Agreement at any time with 30-days’ notice with effect at the end of the calendar month.

8.6.      The Agreement may be terminated by UAPROM with immediate effect in the event:

8.6.1.   The user infringes the provisions hereof, the Agreement or applicable provisions of law;

8.6.2.    It has been ascertained that statements filed by the user and which the user shall file hereunder are untrue;

8.6.3.   Data referred to in art. 2.3 has been removed by the user when benefiting from services provided by ProMarket.in and it has been ascertained that the user entered untrue or incomplete data.

8.7.      After the termination of the Agreement and in any other cases specified herein, in particular in the event of removing the Website, UAPROM shall delete the Account. Together with deleting the Account any data placed in it (including the Website and particular Materials) shall be removed indefinitely and services provided by ProMarket.in shall be made unavailable for the user on this Account. UAPROM reserves the right to retain data or Materials placed by the user on the Account for the purposes of seeking claims in respect of services provided by the user, make the data or Materials available to competent authorities under provisions of law and in any other cases stipulated by law.

8.8.      In the event the Agreement was terminated by a decision of UAPROM from reasons referred to in 11.6 or the Account was removed, the user cannot make another registration on ProMarket.in without prior consent of UAPROM.

 

9.    Final Provisions

9.1.      The law applicable hereto shall be Indian law. Any disputes arising out of services provided by UAPROM on ProMarket.in shall be settled by Indian courts having jurisdiction on the matter.

9.2.      Links placed in the electronic version hereof shall be used for easy navigation throughout ProMarket.in. No other documents shall constitute a part hereof.

9.3.      In the event any of the provisions hereof is held invalid by a final court decision, the other provisions shall remain in full use and effect.

9.4.      These Terms and Conditions shall become effective as of December 1, 2010.

 

10.  Annexes

These Terms and Conditions shall contain the following annexes constituting the integral part hereof:

Annex no. 1  Forbidden Activities

 

I.          It is forbidden to post the following types of Ads:

1.   including contents promoting competitive online platforms towards UAPROM;

2.   containing:

a.         permanent job offers;

b.         encouragement to cooperate within the scope of creating “chain letters” or “pyramids”, relating to multi-level marketing (e.g. Amway, Mary Kay, AVON),  MLM;

c.         unclear, ironic or slanderous contents.

 

II.         It is forbidden for the user to take the following actions:

        1.   use mechanisms that may disrupt using ProMarket.in by other users, in particular by:

           a.         loading and placing any websites in Ads, which are not connected with the expected product or service;

           b.         redirecting a person viewing the Ad automatically to another website the moment the page with Ad description is displayed;

           c.         reading or generating “cookie” files by the user;

           d.         opening new browser windows (or dialogue windows) automatically the moment of opening or leaving an Ad page;

           e.         making any modifications of fixed elements of ProMarket.in sites;

            f.          disrupting and manipulating the process of placing bids by users;

           g.        “tracking” or “intercepting” other users, in particular by remote installation of applications on computers of other users without their knowledge and consent.

 

Annex no. 2 Privacy Policy

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