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User agreement

2021-09-06 22:42:31

Publication Date: August 26, 2021.

This document, the User Agreement (hereinafter – the “Agreement”) represents the offer of “AUTOSHTAMP” Limited Liability Company (hereinafter – the “Operator”) to the Internet user (hereinafter – the “User”) to conclude the Agreement for using the Marketplace World of Mechanic on the terms and conditions stated below. The compulsory condition of using the Marketplace World of Mechanic (hereinafter – the “Marketplace”) shall be the unconditioned acceptance of this User Agreement by the User.

Table of Contents

  1. TERMS AND DEFINITIONS
  2. GENERAL PROVISIONS
  3. SUBJECT OF THE AGREEMENT
  4. GENERAL TERMS AND CONDITIONS FOR USING THE MARKETPLACE SERVICES
  5. RIGHTS AND OBLIGATIONS OF THE PARTIES
  6. RIGHTS TO THE CONTENT AND SCOPE OF THE MARKETPLACE SERVICES
  7. PLACEMENT OF ADVERTISEMENT ON THE WEBSITE
  8. LIABILITY OF THE PARTIES
  9. TERMINATION OF ACCESS TO THE MARKETPLACE
  10. DISPUTES AND CLAIMS SETTLEMENT PROCEDURE
  11. FINAL PROVISIONS
1. TERMS AND DEFINITIONS

1.1. The following terms and definitions are used in this document:

Authorization shall stand for providing of a particular person or a group of people with access to the resources and the rights to take particular actions.

Order shall stand for taking by the User of the actions aimed at conclusion thereby of the contract / contracts for purchase and sale of the respective goods with the Supplier / Suppliers through drawing up of the order for particular goods / services at the Marketplace; the commercial document where the User specifies in detail all the required characteristics of the ordered goods, as well as all the material terms and conditions required for conclusion of a transaction.

Content shall stand for all and everything the website contains: all information, all items posted on the Marketplace, including the design elements, text, graphic images, pictures, video, scripts, programs, music, sounds and other items and their selections, intellectual property items, as well as other materials placed by the Operator on the Website.

Personal Account shall stand for the Marketplace website page the access to which is carried out using the login and password known to the User only. The User’s Personal Account is intended for storage and processing of information in order to getting / providing services of the Marketplace and managing the services, as well as to exchange information and electronic documents between the Operator and the User, between the User and other Users of the Marketplace in the Internet, as well as to control the User’s compliance with the rules established by this Agreement.

Login shall stand for the e-mail address specified by the User when undergoing the registration at the Marketplace.

Operator shall stand for the right holder of the Marketplace World of Mechanic software, name: “AUTOSHTAMP”, LLC – INN (Taxpayer Identification Number) 6451014857, OGRN (Primary State Registration Number) 1186451023879, location address: 410049 Russia, Saratov, Barnaulskaya st., bld. number 32.

Password shall stand for the symbol combination created by the User upon registration at the Marketplace and used for identification of the User for the purpose of access to the Personal Account, constituting a trade secret.

Personal Data shall stand for any information related, directly or indirectly, to the indentified individual (personal data owner), that is the User.

User / Users shall stand for any person / persons (both physical and legal) that is a visitor of the Marketplace and / or that uses the Marketplace website and accepted this User Agreement. The User may use the Marketplace Services for and on behalf of the legal entity, provided that he / she is duly authorized to do so, in this case this Agreement shall cover both the User and the legal entity represented thereby.

Non-Disclosure Policy shall stand for the Marketplace policy determining the rules and procedure in respect of confidentiality and processing of personal data of the Marketplace User, posted on the Internet at: https://wom.market/documents/privacy_policy

Supplier (Seller) shall stand for the registered Marketplace User, a legal entity or an individual entrepreneur, carrying out the activities of goods selling at the Marketplace and having concluded the paid service contract with the Operator.

User Profile / Account shall stand for the Personal Account page necessary for obtaining access to the Website services by the User, containing the User’s personal data available for the registered Users.

Registration shall stand for the actions aimed at creation of the User personal login account at the Marketplace necessary for identification (authentication) thereof and providing access to his / her personal data and settings, as a result of which the User gets access to a particular scope of the Website functions.

Marketplace Services shall stand for the functionalities of the Marketplace, including the ancillary services and tools available to the Users when viewing and / or using the Marketplace, as well as providing access to the Marketplace content.

Tariff (Tariffs) shall stand for the standard form of a business proposal specifying a list of possible Services, the time periods for the Services rendering and their prices, posted at https://wom.market/pricing.

Goods shall stand for the goods the information of which is posted by the Supplier on the Marketplace for sale purposes.

Marketplace World of Mechanic (Marketplace) shall stand for the website, information and communication Internet resource at https://wom.market providing the Users with a range of services for the Users to conclude sale and purchase transactions.

Login Account (Personal ID) shall stand for the User’s identification data (the User’s unique name (login) and password) intended for access to the User Personal Account at the Marketplace specified by the User upon registration at the Marketplace.

1.2. Also, the terms not determined in clause 1 of the Agreement may be used herein. In this case such a term shall be interpreted in accordance with the text of the Agreement. In case there is no clear interpretation in the text of the Agreement, one shall be guided primarily by the term interpretation provided in the laws of the Russian Federation.

2. GENERAL PROVISIONS

2.1. This User Agreement (hereinafter – the “Agreement”) shall regulate the relationship between the Operator and the User, hereinafter jointly referred to as the “Parties”, and individually – the “Party”, in accordance with the procedure and on the terms and conditions set forth in this Agreement.

2.2. This Agreement represents the Operator’s official public offer addressed to the Users to conclude an agreement for using the Marketplace and its services in accordance with the procedure and on the terms and conditions provided for by the Agreement.

2.3. Any actions of the User related to using the Marketplace and its services, including the first opening of any page of the Marketplace in the browser on any device providing Internet access, registration at the Marketplace, using paid Marketplace Services shall be considered by the Operator as the User’s acceptance of the terms and conditions of this Agreement.

2.4. This Agreement determines the rules and conditions of using the Marketplace Services and shall be regulated by this Agreement, Non-Disclosure and Personal Data Processing Policy, Offer (contract) for rendering paid services, Tariffs, Rules for using the Marketplace Services (for Suppliers).

2.5. This Agreement shall cover all the Marketplace Services actually functioning as of the moment, as well as any their further modifications and further additional services.

2.6. In accordance with this Agreement using of the Marketplace Services shall be allowed in any way and form only within the framework of the provided functionalities of the Marketplace and this Agreement concluded by and between the Parties.

2.7. By passing the registration procedure, or beginning to use any Marketplace Services, the User confirms that:

2.7.1. He / she has read and understood the terms and conditions of this Agreement and the Non-Disclosure and Personal Data Processing Policy.

2.7.2. He / she accepts all the terms and conditions of this Agreement and the Non-Disclosure and Personal Data Processing Policy in full, without any exemptions and limitations on its part, and shall undertake to comply with them or to cease using the Marketplace.

2.7.3. In case of disagreement with the terms and conditions of this Agreement he / she shall immediately cease using the Marketplace.

2.8. This Agreement shall become effective from the moment of checking by the User of the box “I accept the User Agreement, Non-Disclosure Policy and give my consent for personal data processing” and clicking the “Registration” button.

2.9. This Agreement does not require signing and is effective in the electronic form.

2.10. All actions of the User authorized at the Marketplace taken using the unique User’s login and password, his / her e-mail addresses specified upon registration at the Marketplace shall be deemed fulfilled using the simple electronic signature of the User. The Orders drawn up using the Marketplace Services, as well as the messages sent from the contact e-mail address of the User shall be recognized as equal to the document signed in person by the User.

3. SUBJECT OF THE AGREEMENT

3.1. In accordance with this Agreement and within the framework of the Marketplace functionalities the Operator shall provide the Users with access to the wide range of functions / services, including facilities of search and communication, placement and storage of any kind of information and materials (content), personalization of content, placement of Orders, making purchases, etc.

3.2. All the relationships related to the sale and purchase of Goods, the Services of delivery arrangement of which are acquired by the User at the Marketplace shall arise directly between the Supplier and the User. The Marketplace shall not be a participant, organizer or other concerned party in respect of the transactions between the Users, except for the transactions to which it is the Supplier.

3.3. Acceptance and satisfaction of the Consumers’ claims regarding the goods of improper quality shall be the responsibility of the Supplier. The Marketplace shall not be a Seller of Goods or a person authorized by the Supplier to accept and satisfy the Users’ claims regarding the Goods of improper quality.

4. GENERAL TERMS AND CONDITIONS FOR USING THE MARKETPLACE SERVICES

4.1. The Operator shall provide the User with an opportunity to search for free for the information of the goods, sellers, to familiarize with sellers’ goods proposals. Free using of the Marketplace Services is limited.

4.2. Expanded access of the User to the information and technological resources of the Marketplace shall be provided to the registered Users only, in accordance with the Paid Services Offer (Contract) and the chosen Tariff the current version of which is available at https://wom.market/pricing.

4.3. Registration at the Marketplace is available for the legal entities or individual entrepreneurs acting independently, through their employees or authorized representatives, as well as the physical persons of 18 years old and older who have the right to conclude sale and purchase transactions in accordance with the laws of the Russian Federation, or the applicable laws of the country such a person lives in.

4.4. The list of the Marketplace Services using of which requires registration and / or authorization shall be determined at the sole discretion of the Operator and may be changed.

4.5. In the process of registration the User shall confirm that he / she is a physical person with full capacity to act, and the information specified thereby is complete and true. Where necessary, the User shall have the rights and powers to act on behalf of the legal entity he / she represents and be obliged to maintain this information up-to-date. If the User submits incorrect information, or the Operator has reasons to suggest that the information submitted by the User is incomplete or false, the Operator shall be entitled, at its own discretion, to block or delete the User login account and deny the User employing particular Marketplace Services or a part of them.

4.6. When registering at the Marketplace, the User shall create a unique login account providing the User with access to the personal data, as well as to management of settings and services through the Personal Account.

4.6.1. The User shall be independently liable for security of the login account.

4.6.2. The User may register only one login account. The Operator may annul or invalidate the User login account, should the Operator have reasons to suggest the User simultaneously registered or controls two or more login accounts.

4.7. The User shall be prohibited to transfer his / her login and password to the account to other person. If any person, other than the User, authorizes at the Marketplace using the User login account, all the actions of using the Marketplace Services taken by such a person shall be regarded by the Operator as those taken by the mentioned User.

4.8. The Operator shall not be liable for credibility of the information submitted by the User upon registration. The Operator shall be entitled at any moment to claim for the User to prove his / her data and request for justification documents in this regard, including the personal identity documents. Failure to submit the documents or inconformity of the User’s data in the documents submitted thereby to the data specified upon registration may be regarded by the Operator as submission of false information and result in the consequences provided for in clause 4.5. of the Agreement.

4.9. If the registered User does not use the Marketplace Services during six months, the login account shall be blocked.

4.10. The User cannot independently delete his / her login account. In case the User wishes to delete his / her login account, he / she shall apply in writing to the Operator by e-mail: support@wom.market for deletion of his / her login account.

4.11. By registration at the Marketplace the User gives the Consent for Personal Data Processing, as well as the Consent (or Refusal) for Receiving Informational Notices, Messages, including on the Marketplace news and other information related to the Marketplace subject area.

4.12. The Operator shall ensure providing the User with:

4.13.1. Confidentiality and security of Personal Data processing in accordance with the terms and conditions of the Non-Disclosure and Personal Data Processing Policy.

4.13.2. Technical support in the issues related to the Marketplace functionalities and the provided services, as well as the peculiarities of the Marketplace Services employment.

4.13.3. Information administering of the Marketplace and its regular updating, adding of the information on the basis of own news and the Users’ information materials.

4.13.4. Consulting on the issues related to the Marketplace Services, in so far as they relate to interaction of the Users in the electronic form, as well as on the settings and functionalities of the Services.

4.14. Additional options of optimization of the goods / services sale / purchase processes raising the company rating shall be obtained by the User after acquisition of paid expanded access to the Marketplace Services.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. Using the Marketplace Services, the User shall be entitled to:

5.1.1. Use the Marketplace Services exceptionally for the purposes and in accordance with the procedure provided for by the Agreement and not prohibited by the laws of the Russian Federation and the international law standards.

5.1.2. Use the information of the Marketplace for commercial purposes without special permit.

5.1.3. Use the Services at any time, except for the time of routine maintenance at the Marketplace.

5.1.4. Create the User’s Content at the Marketplace, including publications of the goods proposals, announcements of discounts and services rendering, transactions making, and also ads placement, provided that the User has due rights to the content to be placed.

5.1.5. Independently estimate the risks related to using the content, including estimation of reliability, completeness or usefulness of the content.

5.2. Complying with all the terms and conditions of this Agreement, the User shall undertake:

5.2.1. To place the true information at the Marketplace, including personal data, and to maintain it up-to-date, timely making respective amendments to.

5.2.2. To immediately notify the Operator of the unauthorized using of the User’s login and password, or any other violation of the security system.

5.2.3. Not to provide the third parties with access to the login account.

5.2.4. Not to download, keep, publish, post, advertise, send, provide access to, or otherwise employ the User’s Content that contains: information of the goods and services not complying with the laws of the RF (Russian Federation) and this Agreement; illegally obtained private or confidential information; spam, malware and viruses, including links; propaganda of infringement of rights and legal interests of other Users; information on gaining money in the Internet; breaches other rules of this Agreement or is prohibited on the basis of the applicable laws.

5.2.5. Not to copy, reproduce, modify, compile, distribute, display in any form, publish, download, sell, transfer or otherwise distribute the contents of the Marketplace and its software, except for the cases provided for by the terms and conditions of this Agreement or the applicable laws of the Russian Federation.

5.2.6. Not to take any actions and not to help the third parties in taking actions aimed at disruption of the operation and worsening of the look of the Marketplace. Such actions include: downloading of viruses and malware, files or programs intended for violation, modification, blocking, destruction or limitation of functionality of any computer or telecommunication equipment; programs for unauthorized access, as well as serial numbers of commercial software products and programs for generation thereof, logins, passwords and other means for getting unauthorized access to the Marketplace, as well as paid resources in the Internet.

5.3. Granting the right to access the information and technological resources of the Marketplace to the User, the Operator shall be entitled to:

5.3.1. Control the procedures for registration, authorization, connection to the Marketplace.

5.3.2. Provide the registered User with an opportunity to independently publish the information of the company and the proposed goods, works and services on the terms and conditions of this Agreement.

5.3.3. At its own discretion update the contents, functionalities and user interface of the Marketplace at any time.

5.3.4. At its own discretion refuse the User the content placement and / or distribution thereby, or delete any content that is available through the Marketplace Services.

5.3.5. Manage the statistical information related to functioning of the Marketplace, as well as the Users’ information to ensure the targeted demonstration of advertising information to the Marketplace Users.

5.3.6. Send the information on the Marketplace development to the User; send sms for the purpose of informing on the activation codes, opinion polling on the quality of the Marketplace work, submission and requests for other information, as well as advertising of own activities and services.

5.3.7. In case of breaching the terms and conditions of this Agreement, deny access using any login account to particular Website Services without giving reasons.

5.3.8. Suspend the Marketplace functioning in the following cases:

a) When carrying maintenance and repair works on the hardware and software complex of the Marketplace, with suspension of its functioning, to the maximum reducing the time period of the Marketplace down time, having notified the User of this fact, where technically possible.

b) in case of force majeure circumstances, as well as breakdowns or failures in the hardware and software complexes of the third parties cooperating with the Operator, or the actions (omission) of the third parties aimed at suspension or termination of the Marketplace functioning, without prior notification of the User.

5.3.9. Make amendments to this Agreement and other documents regulating the terms and conditions of the Marketplace using at any time, by posting the updated text of the Agreement and other documents on the Marketplace page.

5.4. The Operator shall undertake to:

5.4.1. Allow the Users to employ the Marketplace Services.

5.4.2. Maintain the relevant operation capacity of the Marketplace Services.

5.4.3. Render the Marketplace services to the User at request.

5.4.4. Provide the registered User with an opportunity to independently publish the information of itself and the proposed goods, works and services on the terms and conditions of this Agreement.

5.4.5. Ensure security of the User’s personal data placed by the User at the Marketplace, in accordance with the provisions of the Non-Disclosure and Personal Data Processing Policy and the Federal Law On Personal Data.

5.4.6. Ensure security of the User’s Content. At the same time, the User shall be aware of a possibility of technical failures and breakdowns in the Marketplace Services work and agree that the Operator does not have technical capacity to predict their occurrence, to notify the User of them in advance, or prevent them in full. Occurrence of such failures or breakdowns, irrespectively of the reasons and consequences, cannot be the grounds for imposition of sanctions on the Operator.

5.4.7. Provide the User with technical support, accept information from the Users regarding the problems that could arise from the interaction, and address them.

5.4.7. Make every effort to eliminate the defects, downtime periods or worsening of the Services quality, as well as, where possible, notify the User in advance of the possible downtime in the Services rendering.

5.4.8. Carry out inspections following the Users’ claims and complaints regarding the facts of breaching the User Agreement by other Users and other obligations in interaction of the Marketplace members, within 5 business days.

5.4.9. In accordance with the terms and conditions of this Agreement, ensure round-the-clock technical functioning of the Marketplace and performance ability of all its components, including days-off and public holidays, except for the time periods of maintenance, repairing and emergency works.

6. RIGHTS TO THE CONTENT AND SCOPE OF THE MARKETPLACE SERVICES

6.1. All items available through the Marketplace Services, including the design elements, text, graphic images, pictures, video, scripts, computer programs, data bases, music, sounds and other items (hereinafter – the “Service Contents”), as well as any content placed within the Marketplace Services shall be the intellectual property items owned by the Operator, Users and other right holders.

6.2. Using of the content, as well as any other Marketplace Services components shall be allowed only within the framework of the functionalities provided by the Marketplace. No components of the Marketplace Content, as well as any contents posted thereon, may be used in any other way without prior approval of the right holder. The using shall include without limitation: reproduction, copying, processing, distribution by any means, displaying in frame, etc. An exception is the cases expressly provided for by the laws of the Russian Federation or the terms and conditions of a particular Marketplace Service.

6.3. The Marketplace Services may contain links to other websites (websites of the third parties).

6.3.1. The specified third parties and their contents are not verified by the Marketplace in terms of credibility, completeness and legitimacy.

6.3.2. The link to the information of commercial and non-commercial nature, goods, services referencing the websites of the third parties and posted on the Marketplace Services shall not be deemed the Operator’s approval or recommendation to use this information, purchase the goods or to take other actions.

6.4. The User shall agree that the information posted thereby on the Marketplace will be available to the public at large.

6.4.1. The Operator shall not be obliged to review all the content posted and / or distributed by the User through the Marketplace Services, to carry out preliminary verification of the information in any form that is posted and / or distributed by the Users on the Marketplace.

6.4.2. The Operator cannot guarantee that any information, adverts posted by the Users on the Marketplace are true. The Operator recommends the Users, when using the Marketplace, to be prudent and careful in choosing a counterparty and making transactions.

7. PLACEMENT OF ADVERTISEMENT ON THE WEBSITE

7.1. The Operator shall be entitled to place advertising and marketing materials of the Marketplace, as well as the Users’ advertising materials. Upon registration the User shall give the Consent to Receive Advertising, Marketing and Information Materials from the Marketplace. The User shall be entitled to unsubscribe at any time.

7.2. The Marketplace content comprises links to websites of the third parties or advertising / marketing materials on the goods / services provided by such third parties (hereinafter – the “Third Parties’ Advertisement”).

7.2.1. The Operator shall not undertake any liability for the content of the Third Parties’ Advertisement, as well as for the availability, quality and security of such goods / services advertised, and also for any losses or damages incurred by or inflicted on the User as a result of easing thereby of such advertisement, using thereby of the goods / services advertised by the third parties.

7.2.2. In case of liking to other website through the Third Parties’ Advertisement placed at the Marketplace, the Operator cannot guarantee that such a website is secure for the User and / or his / her computer. Nothing in the text of this Agreement shall be interpreted as representation, encouragement, recommendation or motivation to use the Third Parties’ Advertisement, visit any third parties’ websites, as well as to try to acquire, use any goods, services of the third parties.

7.3. The User shall be entitled to place advertisement in accordance with the Paid Services Offer (Contract).

7.3.1. The placed advertisement shall comply with the requirements of the Federal Law On Advertisement and other standards of the Russian laws.

7.3.2. The User shall agree that the Marketplace does not provide any guarantees of efficiency of advertisement placement by the User. The User shall place the advertisement at his / her own risk and on his / her own responsibility only.

7.4. The Operator shall use its best endeavours to verify all the advertising information placed on the Marketplace, but it shall not bear liability for the contents of the advertisement, its credibility. The User (Supplier) that provides such information shall be fully liable for the contents of the adverts.

7.5. The Operator shall be liable for the contents of the advertisement placed thereby in the Marketplace Services, to the extent established by the laws of the RF (Russian Federation).

8. LIABILITY OF THE PARTIES

8.1. The User shall be liable for all the actions taken thereby at the Marketplace, as well as for all the actions taken at the Marketplace by any other persons using the User’s account information.

8.2. The User shall be liable for credibility of the information submitted to the Marketplace upon registration and keeping confidentiality of the account information, including the password.

8.3. The User shall be liable, including to the third parties, for the information posted thereby on the Marketplace.

8.4. The User shall be liable to the third parties for his / her actions related to using the Marketplace Services, including if such actions result in infringement of the rights and legal interests of the third parties.

8.5. The Operator shall not be liable for the loss inflicted on the User as a result of disclosure of the User’s account information to the third parties happened other than due to the fault of the Operator.

8.6. The Operator shall not be liable for using the third parties’ websites content by the User accessing them via Marketplace Services.

8.7. The User may use the information provided at the Marketplace at its own choice, but the Operator shall not be liable for the quality and content of the information placed within the Marketplace Services, and also the possible consequences of using such information by the User.

8.8. The Operator does not guarantee that the Marketplace software does not contain errors and / or computer viruses or outside fragments of code. The Operator allows the User to employ the services “as is”, without any guarantees of the Operator.

8.9. The Operator shall not be liable for interruption of the Marketplace work due to impossibility to use the information transport channels that are not own resources of the Marketplace, or for the actions and / or inactions of the third parties, if this influences the work of the Marketplace, including in case of emergency.

8.10. The Operator shall not be liable for failure to fulfil or improper fulfilment of the obligations under the Agreement, as well as possible losses occurring as a result of the following without limitation:

a) unlawful actions of the Users aimed at violation of information security or regular functioning of the Marketplace;

b) absence of (impossibility to establish, cut-off) of Internet connections between the User’s devices and the Marketplace server.

d) carrying out of measures under the Law Enforcement Operations System by the state and municipal authorities, as well as other organizations;

e) establishment of state regulation (or regulation by other organizations) of economic activities of commercial entities in the Internet and / or establishment by the specified authorities of single restrictions complicating the Agreement performance or making it impossible.

f) other cases related to the actions (omission) of the Users and / or other persons aimed at worsening of the overall situation regarding using the Internet and / or computer hardware existing as of the moment of the Agreement conclusion, as well as any other actions towards the Marketplace and the third parties.

8.11. None of the Parties shall be liable for the full or partial failure to fulfil any of its obligations, in case this failure has resulted from force majeure circumstances. The force majeure circumstances include the events that a Party cannot produce influence on and is not liable for occurrence of, including: war, rebellion, strike, earthquake, flood, other natural disasters, fire, breakdown of electric power supply happened other that due to the fault of the Parties.

8.12. In case of harm infliction to the Marketplace as a result of the User’s unlawful actions, the User shall compensate the Operator for all the losses, including the lost benefit.

8.13. The Operator shall try to provide accurate and relevant information at the Marketplace, however, it shall not be liable for any possible losses, damages or expenses resulted from the decisions taken and transactions made exceptionally on the basis of the information placed at the Marketplace.

8.14. Under any circumstances, in accordance with Article 15 of the Civil Code of Russia, the Operator’s liability shall be limited to ten thousand (10,000) Russian rubles and imposed on it subject to the proved fault.

9. TERMINATION OF ACCESS TO THE MARKETPLACE

9.1. The Operator shall be entitled to block or delete the User login account in case the User breaches the terms and conditions of this Agreement, the standards of the Russian or international laws, as well as the rights and legal interests of the third parties, with or without explanation.

9.2. The Operator shall be entitled, without prior notification of the User, at any time, to terminate (block) the User’s access to the Marketplace, its Services, up to deletion of the User login account in the following cases:

9.2.1. Breaching by the User of the terms and conditions of this Agreement;

9.2.2. Infringement of the intellectual property rights of the Marketplace, other Users and / or the third parties;

9.2.3. Taking the actions that are illegal, infringe rights and interests of the Operator, other Users or the third parties, or disrupt operation of the Marketplace or the possibility of using it by other Users;

9.2.4. Using of the Marketplace Services by the User in such a way that could result in legal responsibility of the Operator in future.

9.2.5. If it is required under the applicable laws or by the competent public authority.

9.3. The Operator shall not undertake any liability for any loss, damage, lost benefit, loss of business or personal reputation inflicted on the User by blocking or deletion of his / her account and impossibility of access to the Marketplace and its Services.

10. DISPUTES AND CLAIMS SETTLEMENT PROCEDURE

10.1. In case of disputes between the User and the Operator on the issues related to the Agreement performance, the Parties shall take all possible measures to settle them by negotiations.

10.2. Claim procedure of any dispute settlement shall be obligatory. To settle the disputes that arise between the User and the Operator as a result of using the Marketplace services, the following claim procedure shall be applied:

10.2.1. The User’s claims regarding the rendered Services shall be accepted and considered by the Operator only in writing and in accordance with the procedure provided for by this Agreement and the applicable laws of the RF.

10.2.2. The User who believes his / her rights are infringed due to the Operator’s actions shall send the letter of claim to the latter that explains the nature of the claim, justification of its filing, as well as all the User’s data. The letter of claim shall also be sent to the Operator in writing, by regular mail or fax.

10.2.3. Within fifteen (15) business days from the day of receiving the letter of claim the Operator shall set forth its position on the issues of principle specified therein and send its response to the e-mail or postal address specified in the User’s claim.

10.2.4. The Operator shall not consider anonymous claims or the claims not allowing to identify the User on the basis of the data submitted thereby upon registration.

10.3. In order to solve the technical issues, when determining the User’s fault as a result of his / her unlawful actions when using the Internet and, in particular, the Marketplace, the Operator shall be entitled to independently engage the competent organizations as experts. In case of the User’s fault is established, it shall compensate the costs for the expert examination.

10.4. In case it is impossible to reach agreement between the Parties through pre-judicial procedure, the dispute that arises from this Agreement shall be subject to consideration in the court of general jurisdiction at the place of the Operator’s location.

11. FINAL PROVISIONS

11.1. This Agreement shall become effective from the moment of its posting on the Marketplace at https://wom.market/documents/user_agreement and remain in force for an indefinite period.

11.2. The User shall not be entitled to make and / or claim for making any amendments and additions to the Agreement. The Agreement may be amended by the Operator without any special notification of the User. The terms and conditions of this Agreement shall cover all the subsequent updates and new versions of the Agreement. The new version of the Agreement shall become effective from the moment of its posting on the Internet at the location of the current version https://wom.market/documents/user_agreement, unless otherwise provided for by the new version of the Agreement. By agreement to use the new version the User shall accept the terms and conditions of this Agreement for the respective updates, new versions of the Marketplace.

11.3. The User shall undertake the obligation to regularly check the terms and conditions of this Agreement for amendments and additions through joining the terms and conditions of this Agreement. If after the amendments and additions made

the User keeps using the Marketplace, it shall mean he /she studied the amendments / additions and accepted them in full without any objections.

11.4. If one or several conditions of this Agreement has become null and void under the applicable laws, the other terms and conditions of the Agreement shall survive and remain in force as if the null and void condition had never existed.

11.5. This Agreement is executed in Russian and English, and in some cases may be submitted to the User for familiarization with in other language. In case of variance in interpretation of the Russian Agreement version and the Agreement version in other language, the provisions of the Russian version of this Agreement shall apply.

11.6. This User Agreement was developed in accordance with the current Civil Code of the Russian Federation, standards of the following Federal Laws: On Information, Information Technologies and Information Protection, On Personal Data, On Electronic Digital Signature, On Advertisement, On Communications, On Protection of Consumer Rights.