This public offer is an offer by the right holder of the Software Product (Site) located at the Internet address: http://www.myarredo.com/ (hereinafter - the Site) to the user of the Site in the status of a potential Buyer of the Goods presented on the Site, to conclude an agreement providing a non-exclusive right to use the Software Product on the Site by the right holder of the software product (hereinafter - the Licensor).
By clicking the "Get the Best Price" virtual button, or by downloading, installing, copying or otherwise engaging with the Site Service, You (on your own behalf as a physical person or authorized representative of the organization) agree to all terms and conditions of this public offer (hereinafter the Offer). In addition, you confirm that this Offer has been read by you, its terms and conditions are understandable to you, you express full and unconditional consent to all the terms and provisions of the Offer.
1. GENERAL CONDITIONS
1.1. This document addressed to any capable individual or legal entity represented by an authorized representative who is a user of the Site, hereinafter referred to as the "User," "Licensee," is an official, public offer of the Rightholder of the Software Product, hereinafter referred to as the "Licensor," to enter into a contract for the transfer of non-exclusive rights to use the Software Product under the following terms.
In case of acceptance of this offer by the User, the public offer agreement shall be deemed to have been concluded with the Licensor on the terms and conditions provided for in this document ("Contract," "Offer").
This public offer defines all material terms and conditions of the contract between Licensor and the person accepting the Offer.
1.2. This Contract is concluded between Licensee and Licensor upon acceptance by Licensee of this Offer from the moment the User (in the status of potential buyer of the Goods) clicks the "Get the best price" button or sends a message to this User to receive data about the Goods and/or the best price of delivery of the Goods, the information about which is presented on the Site;
1.3. Licensee unconditionally accepts all conditions contained in the offer as a whole, i.e. in full and without exceptions.
1.3.1. The full and unconditional acceptance of this public offer is the performance by the User of the actions stipulated in Clause .1.2 of the Offer.
1.3.2. Acceptance of the offer means that the User agrees with all provisions of this proposal and is equivalent to the conclusion of the contract (hereinafter referred to as the Contract) on the terms and conditions provided for in this offer.
1.4. In this document and the resulting or related relationship between the User (Licensee) and the Licensor, collectively referred to as the "Parties," the following terms and definitions shall apply, among others:
a) Software Product - content of the Site, as well as specialized software, exclusive rights to which belong to the Licensor, and representing the Site Service, which allows to ensure receipt of information content to the User in accordance with the characteristics of this content presented visually on the Site, including free provision of information to the Licensee about the Goods submitted on the Site by Sellers, as well as upon clicking (click) virtual button "Get the best price" - receipt of proposals of Logists on terms of delivery of the Goods.
b) Service - a set of interactive services provided by the Licensor to the User using the Site, as well as ensuring the conclusion and execution of this Contract.
c) the Seller is the seller of the Goods presented on the Site, including both the manufacturer of the Goods (Factory) and the Salon (store) selling the Goods, and which provides information on the Site about the Goods sold, their characteristics and prices, availability of the Goods for ordering, as well as contacts.
d) Purchase - purchase of the Goods by the Buyer under the executed contract providing for sale of the Goods, concluded by the Salon or with the Factory (manufacturer of the Goods).
e) Goods - products of Sellers sold in accordance with the procedure established by Sellers, information about which is provided by Sellers for consultation on the Site.
f) Logist (carrier) - a legal person (company) or an individual entrepreneur who organizes the delivery of the Goods by order of the Buyer.
g) Factory - licensee of the Site acting as the Seller of the Goods presented on the Site, which is the manufacturer of the Goods;
h) Salon (store-salon) is the actual seller of the Goods, which is not a Factory selling the Goods.
and) Buyer - the User who made the Purchase.
1.5. Taking advantage of the opportunity specified in paragraph 1.3.1. of this Offer, the User confirms that:
a) he is a capable person who has acceded to this Contract in his own interest, or who legally acts on behalf and in the interests of the legal entity represented by him;
b) he got acquainted with the terms of this offer in full;
c) accepts all the conditions of this offer in full without any exemptions and restrictions on his part and undertakes to comply with them;
d) he agrees that the Contract (including any part thereof) may be amended by Licensor without any special notice. The new version of the Contract shall enter into force from the moment of its posting on the Site or brought to the attention in a different convenient form, unless otherwise provided by the new version of the Contract;
e) he has all the necessary rights and powers to conclude the Contract;
f) use of the Service will be carried out exclusively for purposes permitted by this Contract in compliance with its provisions, as well as the requirements of applicable law and generally accepted practice;
g) he will not perform any actions that conflict or prevent the provision of the Service or the operation of the relevant equipment, networks, or software by which the Service, the Software Product, including for third persons, is provided;
h) use of the Service, the Software Product for the specific purposes of the Licensee does not violate the property and/or personal non-property rights of the Licensor, third persons (including, but not limited to, the rights of owners of payment systems integrated with the software), as well as prohibitions and restrictions established by the applicable law;
i) the Software Product is provided "as is" and no warranty is provided to Licensee that the Software Product will meet his requirements; the services received by him in the use of the Software Product will be provided continuously, quickly, reliably and without errors; the quality of any product, service, information and user materials obtained using the Software Product will fully meet his expectations;
c) all problems related to the use of the Software Product and the receipt of information services shall be solved directly with the Licensor. The Licensor shall be responsible for solving only the problems reported to his and only in case of assistance in solving the problem by the User.
l) he confirms consent to the conditions established by this offer upon its acceptance.
1.6. Use of the functionality of the Service and the Software Product is permitted only in accordance with the procedure established by the Licensor on the Site.
1.8. Licensor may refuse to enter into an agreement in accordance with the terms of this offer with any person and at any time at his sole discretion, without explanation.
1.9. The software product and information services are provided to Users with access to the Internet and installed software for working with the web interface.
1.10. Terms not defined in Section 1 of the Contract may be used in the Contract. In this case, such term shall be interpreted in accordance with the text of this Contract. In the absence of an unambiguous interpretation of the term in the text of this Treaty, the interpretation of the term should be guided, first of all, by the Internet resource, and second, by the Internet.
2. SUBJECT MATTER OF THE CONTRACT
2.1. Licensor shall grant Licensee the right to free use of the result of his intellectual activity - the Software Product in the manner provided for in the Contract, and Licensee shall comply with the procedure for using the Software Product.
2.2. Licensor warrants that he is the owner of the exclusive right to the Software Product.
2.3. Licensee's purchase of information services on the Site is carried out by the User voluntarily, without imposing, including services and goods of third persons.
2.4. The Software Product allows Licensee to:
receive, within the scope and period of time determined by the functionality of the Site, content containing information about the Sellers' Products;
Use the Pre-Order Item Selection capabilities of the Service to order Goods from Sellers
receive the Sellers' contacts;
receive Logistic contacts and Logistic proposals on the terms of delivery of Goods (Goods).
2.5. By using the Site Service, the User hereby accepts and agrees to the terms of this offer.
2.6. If the User does not agree with any terms of this offer, the User shall not be entitled to use the Software Product, receive information services in any way.
2.7. The license issued to Licensee under this Contract is simple (non-exclusive). Licensor shall retain the right to grant licenses to other persons, both on a reimbursable and non-reimbursable basis, as well as to provide similar information services to any other Users.
2.8. The License Period may be terminated early upon termination of the functionality of the current version of the Software Product and/or sending Licensor notice of its expiration at any time and in any available way.
2.9. The Contract shall enter into force upon acceptance of this offer by the User in the manner provided for in this offer.
3. PROCEDURE FOR USE OF THE OBJECT
3.1. Licensee shall not use the Intellectual Property Object - Software Product in the following ways:
- use the capabilities of the Software Product for unlawful purposes and in violation of any rights of third persons;
- cause any harm to third persons and/or Licensor in the course of using the Software Product;
- in violation of the law;
- in violation of the requirements of state authorities and copyright holders of property and non-property rights.
4. WARNING ABOUT LIABILITY FOR INFORMATION CONTAINED ON THE SITE
4.1. Licensee agrees that he uses Software Product at risk.
The software product is provided "as is." However, Licensor does not warrant that:
· The Software Product and Internet Resource will meet Licensee's objectives, expectations and requirements;
· the provision of the Software will not be interrupted or subject to errors or failures;
· No information can be deleted, failed or saved.
During the term of the Contract Licensor shall make every effort to eliminate any failures and errors, if any, as soon as possible.
4.2. Licensor shall not be liable to Licensee for the content of advertising information about the Goods or for any property, moral or other damage caused by the use of such information.
4.3. Only Sellers and Logists shall be responsible for providing false information about the Goods, delivery services of the Goods, as well as for transactions concluded with Licensees for the purchase and sale of the Goods, delivery of the Goods, respectively.
4.4. Licensor shall under no circumstances be liable:
· Unauthorized use by third persons of information or data posted on the Internet;
· for any act/omission resulting directly or indirectly from the act/omission of Licensee and/or third persons;
· for the use/non-use by Licensee and/or third persons of any means and/or means of transmitting/receiving information;
· for any loss to Licensee and/or third persons, whether or not Licensor may have foreseen such loss.
4.5. Licensor shall not incur any risk of loss, property or non-pecuniary damage to Licensee which may be related to the placement of advertising information about the Goods.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Licensor shall have the right to:
5.1.1. Update the Site hardware and software by temporarily suspending the Site.
5.1.2. Suspend and/or interrupt in whole or in part Licensee's access to the personal account on the Site and/or deactivate the Software Product without Licensee's warning, during preventive work, as well as at his discretion in cases of detection of facts indicating Licensee's violation of obligations, this Contract or the legislation to whose jurisdiction the relevant relationship relates.
5.1.3. Change, at his discretion, the procedure for performance of obligations and realization of rights of the Parties under this Contract, unilaterally amend this Offer.
5.1.4. Provide Licensee with additional services related to access to use of the Software Product.
5.1.5. At any time, modify the content of the Site, the list of services, the algorithm of the Service, modify or supplement the used scripts, software and other objects used or stored on the Site, any server applications at any time, without notice to the Licensee.
5.2. Licensee shall:
5.2.1.Use only certified equipment to access the functions of the Service and use the Software Product.
5.2.2. Use the current version of the Software Product at any time in accordance with Licensor's guidelines and rules posted on the Site.
5.2.3. Perform duties and exercise rights under the Contract in accordance with the requirements set forth in Clause 1.5 of the Contract.
5.2.4. Prevent actions that violate the exclusive rights of Licensor or third persons.
5.2.5. Do not use the Software for unlawful purposes.
6. GENERAL PROVISIONS ON LIABILITY OF THE PARTIES
6.1. The Parties shall be liable for non-performance or improper performance of obligations under this Contract in accordance with the effective legislation.
6.2. Licensor shall not be responsible for the regularity of the functional properties and operability of the Software Product, nor for the inability to use the Software Product due to changes in the functional and software requirements for it and (or) in case of its blocking by third persons.
6.3. Licensor shall not be responsible for the reliability of information provided in the provision of information services.
Licensor shall not be responsible for the authenticity of information provided as part of the provision of information services, as this information is provided to the Site by the Seller, who shall be solely responsible for the authenticity and relevance of this information.
6.4. In all cases of default under the Contract, the Parties shall be liable in accordance with the current legislation.
6.5. Licensor shall not be liable for any actions of Licensee performed using the Software Product.
6.6. Licensee shall be advised that he is solely and fully responsible for any matters relating to:
- entering into transactions with the Sellers and persons providing delivery of the Goods to the Licensee;
- payment for the cost of the Seller's Goods, payment for the delivery of these Goods, as well as for customs payments, as well as any payment related to postal services and the crossing of the state borders by the Goods.
Licensor is not a party to and/or guarantor of transactions made by Licensee with Sellers or persons providing delivery of goods of Sellers to the Customer, therefore any claims of Licensee regarding performance of contracts/agreements with Sellers and/or persons providing delivery of Goods shall be addressed to these counterparties, without participation of Licensor.
7. FORCE MAJEURE
7.1. The Parties shall be exempt from liability for non-performance or improper performance of obligations under the Contract if proper execution was not possible due to force majeure, that is, extraordinary and unpredictable circumstances under these conditions, which mean: prohibitive actions of the authorities, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters, as well as requirements of control and supervisory authorities.
7.2. In case of these circumstances, the Party shall notify the other Party within 7 days.
7.3. The document issued by the authorized state body is sufficient confirmation of the existence and duration of force majeure circumstances.
7.4. If force majeure circumstances continue for more than 3 months, each Party shall have the right to terminate the Contract unilaterally. At the same time, the amount of the license fee paid, as well as the amount of the paid services in this case are not refundable.
8. AMENDMENT AND TERM OF THE CONTRACT
8.1. The Contract shall be deemed to have been concluded in accordance with the procedure provided for in Clause 1.3.1 of the Contract and shall be valid during the period of performance of obligations by the Parties in accordance with the procedure provided for in the Contract.
8.2. The Contract (Offer), including any part thereof, may be amended by Licensor without any special notice to Licensee. The new version of the Contract (Offer) comes into force from the moment it is posted on the Site or brought to the attention in a different convenient form, unless otherwise provided by the new version of the Contract.
9. DISPUTE RESOLUTION
9.1. All disputes related to the conclusion, interpretation, execution and termination of the Contract will be resolved by the Parties through negotiations.
9.2. If the agreement is not reached during the negotiations specified in Clause 9.1 of the Contract, the interested Party shall submit the claim in written or electronic form. The claim shall be made by means of communication, ensuring that it is recorded by registered mail, telegraph, etc.) and received, or delivered to the other Party on receipt.
9.3. The claims shall be accompanied by documents justifying the claims submitted by the Party concerned (in case of their absence by the other Party) and documents confirming the authority of the person who signed the claim. These documents shall be in the form of duly certified copies. A claim submitted without documents confirming the authority of the person is considered unannounced and cannot be considered.
9.4. The Party to which the claim is submitted shall review the claim received and notify the Party concerned in writing within 10 working days from the date of receipt of the claim.
9.5. In case of non-settlement of disagreements in the claim procedure, as well as in case of non-receipt of a response to the claim within the period specified in item 10.4 of the Contract, the dispute is resolved in court in accordance with the current legislation at the Licensor's location.
10. FINAL PROVISIONS
AND LICENSOR'S CONTACTS
10.1 Current version of this Contract (public offer): from "01" 03 2021, published on the Site.
10.2. The Parties undertake to keep the terms of this offer confidential and not to disclose them without agreement with the other Party.
10.3. This Contract (offer) is made in Russian. In case of translation of this Contract (offers) into other languages, the Russian interpretation of the Contract (Offer) is paramount.
10.4. Licensor Contacts:
e-mail: [email protected]