User Agreement on Lalafo.kg

Кардар менен келишим, жана купуялуулук саясаты

 

1. General Terms

 

1.1.       This Agreement stipulates User terms of using the Service https://lalafo.kg/.

1.2.       For the purpose of this User Agreement the terms below shall be understood to mean as follows:

1.2.1.          Service – Internet-resource (website) located on the Internet at the address https://lalafo.kg/, website applications on the basis of various operating systems and other services, as well as software, design (graphic presentation) of the website, its applications and other services, Data Base, any section (subsection) of the Services, as well as information placed on the Services by the Administration and the Users.

1.2.2.          Administration Private Limited Company YALLA CLASSIFIEDS (YALLA CLASSIFIEDS OÜ), address: Pärnu Road 22, 10141 Tallinn, Estonia registered and acting in accordance with the legislation of Estonia, which shall perform Service administration and own all exclusive ownership rights to the Service. The Administration is represented in the Kyrgyz Republic by the Branch of YALLA CLASSIFIEDS OÜ in the Kyrgyz Republic and is located at 103 Ibraimova Str., Bishkek, 720021.

1.2.3.          User any competent individual who has accepted the terms of this Agreement and is using the services offered by the Service.

1.2.4.          Personal Account – combination of User data and settings set (placed) by the User. Any User shall have the right to have only one Personal Account.

1.2.5.          User’s Personal Information – information or combined information about the User provided by the User independently during the process of registration or the Service usage, including personal data of the User, information which shall be automatically forwarded to the Administration when the Service is used, including also IP address, cookie information, information about the User’s browser and other information about the User.

1.2.6.          Information – any information placed by the User or the Administration on the Service.

1.2.7.          Spam bulk, unauthorised mail and/or mail unexpected by the recipients or other mailing of advertising, informational, campaigning or other nature.

1.2.8.          Merchandise – products, works, services, material and technical resources, property and non-property rights.

1.2.9.          Parties to this Agreement – the Administration and the User.

1.2.10.        Advertising services mean services on advertisement placement at the Service.

1.3.       Any terms and concepts used in this User Agreement that are not indicated in the Terms and Definitions paragraph shall be interpreted in accordance with the content derived from the User Agreement text. Should any differences arise regarding interpretation of a term or a definition used in the User Agreement, the interpretation determined by the Administration shall be applied.

1.4.       Usage of materials and services offered by the Service shall be governed by the current legislative regulations, as well as by this Agreement.

1.5.       This Agreement shall constitute a public offer.

1.6.       By using the services offered by the Service, the User shall join this Agreement and accept its terms and obligations to follow instructions on how to use the services of the Service.

1.7.       When the Service is used on behalf of a company, such company shall accept this Agreement and its terms.

1.8.       If the User disagrees with the terms hereof, the User shall terminate the access to the Service and stop using the services thereof.

1.9.       Hereby the Administration shall offer its Users services on placement and search of advertising with the aid of the services offered by the Service.

1.10.     Provision of certain services may be regulated by special rules and/or agreements (contracts), including offers.

1.11.     The User shall accept the provision that all materials and services of the Service, or any part thereof, may be accompanied by advertising. The User shall agree that the Administration shall carry no liability whatsoever and carry no obligations in connection with such advertising.

1.12.     Registration on the Service is voluntary. Once registered on the Service, the User shall gain access to additional services offered by the Service. The Administration shall reserve the right to demand at any time that the User confirms data indicated during the registration and to request documentary proof.

1.13.     The User shall keep the password confidential. The User shall be liable for the actions involving the usage of the email and password, as well as the actions performed in the User’s Personal Account. The User shall have the right to utilise services of the Service solely by logging in with his/her own email and password. If the User has the grounds to believe that his/her Personal Account has been compromised, the User shall independently change the password.

1.14.     The Administration shall have the right to utilise special technical solutions in order to verify authenticity of the information provided by the Users during their registration and/or authorisation.

1.15.     The Administration cannot guarantee that the User is the person he/she claims to be, or that the information provided by the User during the registration on the Service is true.

1.16.     The User is advised to interact with possible other parties using all possible tools available on the Service.

1.17.     The Administration shall reserve the right to refuse, at its own discretion, the User’s access to the services in situations where such User violates the terms of this Agreement.

1.18.     The Service shall have the right to restrict or terminate the User’s access in cases when such User violates other persons’ rights or the current legislation, as well as due to other reasons, at its own discretion.

1.19.     The User whose access to the services has been terminated or whose information is not true any longer shall have no right to register again without special permission by the Administration. Neither shall such User have the right to use registration information of another User in order to gain access to the Service and its services.

 

2. Usage of the Service. Announcement Placement

 

2.1.       The Administration shall provide the right to place announcements on the Service to all registered and non-registered Users upon completion of a special form.

2.2.       The User agrees not to take any actions that may be viewed as violating the legislation or international law norms, including those in the field of intellectual property, copyright and/or allied rights, as well as any actions that lead or may lead to the violation of normal Service operation.

2.3.       All transactions related to the Merchandise, works and services shall be entered into between the Users directly. The Service shall not serve as the participant and/or the mediator of the transactions entered into by the Users via the Service. The Administration shall not control or be held liable for such transactions.

2.4.       User’s comments and other entries on the Service shall not contradict the legislative requirements and generally accepted moral and ethical norms.

2.5.       The User has been warned that the Administration shall not be held liable for the User’s visiting and using external resources that may be referenced on the Service. The Administration shall not be held liable for the content of announcements and references to other sources, and information mentioned in such announcements.

2.6.       In order for the Administration to obtain the right to publish announcements, data and information provided by the User, the User shall assign the Administration with unlimited, irrevocable, nonexclusive right, applicable everywhere, to use, distribute, publish, collect, process, demonstrate, copy, duplicate, reproduce data, images, photos, video and audio materials, data bases, publications, copyright and intellectual property rights, as well as any other information provided by the User on all known and unknown information carriers. The aforementioned rights shall be assigned to the Administration free of charge. The User shall grant access to the information placed by him/her to all Service Users. At that, the User shall reserve any intellectual property rights for the materials placed on the Service by him/her.

2.7.       The Service shall carry no liability for the violation of third party rights in connection with the User’s presentation of any information and data.

2.8.       The Service User shall place announcements in accordance with the Service instructions and provide reliable and complete information about Merchandise and terms of its realization. The User shall verify information about Merchandise indicated in the announcement, and in case of finding false or incomplete data, shall correct or add necessary information in the announcement.

2.9.       When placing an announcement about Merchandise, the User shall confirm that he/she is authorised to perform actions with regards to such Merchandise as indicated in the announcement.

2.10.     The User shall confirm that he/she possesses all necessary rights, licenses, permits to place information and data in the Service announcements, including all patents, trademarks, commercial secret, and intellectual property rights, or possesses appropriate written consent, license or permission given by third parties to use their names, images or any other objects.

When submitting advertisements offering services subject to licensing, such advertisements shall indicate the license number and the name of the issuing authority

2.11.     The Service shall have the right to request documentary proof from the User and/or additional information regarding the placed Merchandise or regarding the data submitted by the User. The Service shall have the right to put publication on hold until such documentation or information is received.

2.12.     The User shall have the right to sell on the Service any Merchandise belonging to him/her, provided no special permits are required thereto, and provided the current instructions for use are adhered to.

2.13.     In order to maintain high quality of services, the Service shall reserve its right to limit the number of active User announcements on the Service, as well as to restrict User’s activity on the Service.

2.14.     Merchandise description provided by the User in the announcement shall constitute the terms of such Merchandise sale.

2.15.     Delivery terms shall be included in the Merchandise description in the announcement.

2.16.     The terms of service provision or terms of sale and the merchandise description provided in the announcement, as well as other terms of the announcement shall not contradict the current legislation and this Agreement both at the moment of placing the announcement and later. If any term of the announcement is found to be in contradiction with the legislation or this Agreement as a result of entering amendments into the current legislation and/or the Agreement, such terms or such announcement shall be amended or modified by the User to eliminate any discrepancies. If it is impossible to make corresponding changes, the User shall eliminate such an announcement. In instances mentioned in this paragraph the Administration shall reserve the right to edit or remove such announcements without prior notification of the User.

2.17.     Announcements about Merchandise and services contradicting the current legislation or generally accepted rules of morality, offensive and inappropriate, violating third party rights shall be prohibited from placement on the Service. The User shall make certain that the Merchandise offer does not contradict the current legislation and the terms of this Agreement. The list of merchandise and services prohibited from being published on the Service, set by the Rules of publishing announcements on the Service, is available in the How to Sell section at this address https://lalafo.kg/page/how-to-sell.

2.18.     Usage of paid services may not guarantee that the announcement shall not be blocked by the Administration in the event of violation of this Agreement. When the rules of placing announcements are violated, money paid for the services shall not be refunded.

2.19.     It shall be prohibited to include in the announcement references to the websites containing offers on how to sell, use or any other information about goods and services.

2.20.     The User shall not spread or provide assistance in spreading information about the services delivered by:

2.20.1.        other trading platforms, Internet auctions and/or Internet stores;

2.20.2.        other Services offering the same products and services as the ones displayed on the Service, for the same or lower price;

2.20.3.        other Services offering products and services prohibited from being sold on the Service.

2.21.     The User shall not use automatic programs to gain access to the Service without the Administration’s written permission. Usage of computer programs that allow placement of announcements bypassing the standard procedure of announcement placement shall be prohibited, unless there is the Administration’s written permission.

2.22.     Moreover, the User shall:

2.22.1.        not take any actions that may cause overload of the Service infrastructure;

2.22.2.        not copy, reproduce, alter, distribute or make public any information available on the Service without the prior Administration’s written permission;

2.22.3.        not interfere with the Service operation, or operation of automatic systems or processes in order to prevent or restrict access to the Service.

2.23.     The User shall not submit information in violation of this Agreement or any third party rights. Information provided by the User and the User’s actions on the Service shall not:

2.23.1.        be false, inaccurate or deceiving;

2.23.2.        contain profanity, offensive language;

2.23.3.        contribute to fraud, deceit or abuse of trust;

2.23.4.        lead to transactions involving stolen or counterfeit items;

2.23.5.        violate or encroach on the third party’s property, commercial secret, or privacy right;

2.23.6.        contain information harming someone’s reputation or business standing, or giving offence to someone;

2.23.7.        contain private or identifying information about other persons without an express consent thereof;

2.23.8.        contain defamation or threat whomsoever;

2.23.9.        call to commit a crime, or ignite ethnic discord;

2.23.10.      give rise to, support or call to terrorist and extremist activities;

2.23.11.      be obscene or of pornographic nature;

2.23.12.      contain computer viruses, as well as other computer programs aiming, in particular, to cause harm, unauthorised intrusion, covert interception or acquisition of any system data or the system itself, or any of its parts, or personal information, or any other data (including the Service data);

2.23.13.      be harmful to minors;

2.23.14.      contain information about services considered immoral, including, but not limited to, prostitution or other activities that contradict standards of ethics or the law;

2.23.15.      contain links or information about the websites competing with the services of the Company;

2.23.16.      contain spam, e-mail chain letters, pyramid schemes, or unwarranted or deceptive commercial advertising;

2.23.17.      contain materials solely of advertising nature without offering a specific product or service;

2.23.18.      violate third parties’ intellectual rights, right for personal image protection, and other third party rights;

2.23.19.      violate in any other way the current legislation.

2.24.     The User shall not be allowed to use User names similar to the names of other Users in order to claim being them or send messages on their behalf.

2.25.     While using the Service services, the User shall have no right to place announcements on the Service, enter into or execute any transaction that can lead to violation of the current legislation by the Service and/or by the User.

2.26.     The Administration shall have the right to advertise Merchandise by placing an announcement thereof in a manner different from the one applied by the User while placing the announcement about such Merchandise.

2.27.     The Administration shall have the right to move, interrupt, end or prolong the duration of any announcement due to reasons dependent or independent on the Service.

2.28.     The Administration shall have the right to end announcement demonstration at any time due to the violation of the rules stipulated by this Agreement, as well as due to violation of other Users’ rights, or violation of the current legislation, or due to other reasons. The Administration may block or delete an account of a certain User due to violating the rules stipulated herein.

2.29.     The Administration shall have the right to edit announcements, move them to other sections, as well as perform other actions with the Users’ announcements.

2.30.     The Administration shall have the right to refuse placement (publishing) of announcements without giving reasons.

2.31.     Requirements for the design of announcement are provided in the Rules of publishing announcements on the Service in the How to Sell section at the address https://lalafo.kg/page/how-to-sell.

2.32.     The User shall bear full and exclusive liability for the announcement content (and other information the User posts on the Service) in accordance with the current legislation.

 

3. Paid Services

 

3.1.       Users may order paid services on the Service.

3.2.       Information about types, features and cost of paid services, as well as procedure for ordering paid services can be found at https://lalafo.kg/page/paid-features and https://lalafo.kg/page/business-kg, and can be also provided by the Administration using the contact information specified in the Service.

3.3.       The Service shall provide Paid Services and Advertising Services in accordance with the terms and conditions of this Agreement, as well as the Offer Agreement on Paid Services Provision published at https://lalafo.kg/page/user-agreement or under separate Agreements concluded between the Service and the User.

By agreeing to this User Agreement, the User accepts and agrees to the terms and conditions of the Offer Agreement on Paid Services Provision.

3.4.       The Service User who has paid for the Service services shall have the right to request refund of the money from the Administration. The decision to issue or deny a refund shall be taken by the Administration unilaterally.

3.5.       Money paid for the services that have not been provided shall be refunded by the Administration in the following instances:

3.5.1.          the service failed to be provided due to technical reasons occurring on the Service.

3.5.2.          other individual occasions at the discretion of the Administration.

3.6.       The Administration shall have the right to refuse a refund of the User’s funds in cases when:

3.6.1.          The User consistently violates the terms of this Agreement.

3.6.2.          The service has been activated, including cases when the announcement has been deleted after moderation.

3.6.3.          The User has placed an announcement about products, services and offers that are forbidden.

3.6.4.          Any deficiencies of the payment system. The Service shall bear no liability for the operation of the payment systems used by the Users to pay for the Service services. Refund of money in this case shall be considered on a case-by-case basis.

3.6.5.          Other cases at the discretion of the Administration.

3.7.       Refund procedure shall be decided on a case-by-case basis between the Administration and the User.

3.8.       A wallet is a tool for the Service User to receive information about the User’s balance and purchase history of the Service’s services. The User’s wallet is not an electronic means of payment intended for the User to make transfers without opening a bank account or for settlements with electronic money.

The user can top up the wallet’s balance in any convenient way. Further details are available on the Service.

The funds in the User’s wallet are be recognized and cannot be used as means of payment for the goods/services of other companies, as well as for the goods/services of other Service Users.

The Service does not carry out the transactions of topping up, depositing and transfer of electronic money directly through the User’s wallet. Such services shall be provided by individual counterparties (banks or payment services) with which the Service has entered into relevant agreements and which have all the necessary permits and licenses for carrying out such activities in accordance with the current legislation. When the User tops up the account or performs other actions with the User’s funds, the Service shall automatically send the User to the websites of such payment services.

In certain cases, collection and processing of the User’s personal data (including data on the User’s bank accounts or bank (payment) cards) shall be governed by the privacy policies of such payment services rather than this Privacy Policy. The Service shall not collect, store, or in any other way process the data on the User’s bank accounts, data on the User’s bank (payment) cards and other financial information managed by the User, banks and payment systems (except for the information specified in the User Agreement of the Service and this Privacy Policy).

The User shall be personally liable for the disclosure of the information specified in the User’s wallet as well as other personal information by the User to any third parties.

 

4. Communication

 

4.1.       User understands, accepts and agrees that the Administration shall reserve the right to deliver electronic messages and/or short text messages (SMS messages) to the email addresses or telephone numbers indicated by the Users (including, after the User stops using the Service).

4.2.       Service messages may be published on the Service.

4.3.       Whereas, the User shall understand, accept and agree that such letters and messages may include, but may not be limited to: offers to enter into transactions with other Users, offers and messages of the other informational and/or advertising nature, and other messages. The User shall understand, accept and agree that such messages and/or separate parts thereof may carry advertising nature, and may as well contain advertising, informational and other announcements.

4.4.       Announcements published on the Service shall be deemed delivered to the User once they are published.

4.5.       The Administration shall bear no liability for the use of the message sending form placed on the Service by other Users and/or automated systems (robots).

4.6.       The Administration shall bear no liability for the use of the phone numbers and electronic addresses placed by the User on the Service pages by other Users and/or robots.

4.7.       The User confirms that the Administration shall have the right to provide email addresses and telephone numbers to third parties in order to deliver letters and messages to the Users.

4.8.       The User’s correspondence with the Administration and the Service moderators shall be performed via electronic mail the address of which is indicated on the Service.

4.9.       The User shall be prohibited from placing any comments, discussions or other messages on the Service regarding actions of the moderators and the Administration. including, but not limited to, of offensive nature). Otherwise, the Service Administration may block or delete the account of such User.

4.10.     The User shall have the right to decline receiving messages on his/her phone or email at any time by sending a corresponding request.

 

5. Intellectual Property

 

5.1.       Any software, data, trademarks, copyright items, and other items used on the Service are the intellectual property of its legal owners protected by intellectual property laws, as well as relevant international legal treaties and conventions.

5.2.       The Administration is the exclusive owner of the domain name where the website is located, the website itself, its mobile applications, as well as all the Service and all the Service software.

5.3.       When installing the software, the Administration shall provide the User with the personal free non-exclusive license to use the software without the right of its assignment to third parties.

5.4.       Such license shall be designated solely to provide the User with the possibility to use the Service services and derive benefits from it, in accordance with the Service functions.

5.5.       It is forbidden to copy, alter, distribute, sell, exchange or lease completely or partially any part of (the Service) Administration’s intellectual property items (including its software), as well as to “crack” or try to retrieve the source code of the software without the Administration’s written permission. Notwithstanding any other provision to the contrary contained herein, any use of elements, symbols, texts, graphics, software and other items that are contained in the Service and belong to the Service without the consent of the Administration or any other legal owner shall be illegal and may entail legal proceedings as well as civil, administrative and criminal liability in accordance with the law.

 

6. Disclaimer

 

6.1.       All information (including personal data) provided by the User on the Service, shall be placed by the User in order to sell the User’s Merchandise.

6.2.       The User shall place certain information about himself/herself solely in his/her interests, including in order to facilitate communication with the User and/or identification of the User.

6.3.       By placing information about himself/herself, the User understands and agrees that such information is placed on the Service openly, i.e. is available to any visitor or Users of the Service.

6.4.       The User understands and accepts all risks connected with such placement of information, including, but not limited to the risk of the email address getting to spammers’ address lists, risk of the email address getting into the hands of all kinds of fraudsters, risk of the telephone number getting to SMS-spammers and/or SMS-fraudsters, and any other risks caused by such placement of information.

6.5.       With regards to the Merchandise, the Service shall not serve as a dealmaker, mediator, buyer or seller.

6.6.       The Service shall bear no liability for the arrangement and performance (execution) of transactions between the Service Users, for any losses, lost profit or income, financial losses or indirect, actual, side or punitive losses as a consequence of entering into a transaction, as well as a result of unlawful actions of any person.

6.7.       By using services of the Service, the User shall agree to use the Service and its services at his/her own risk and shall carry all risks in connection with using announcements located on the Service.

6.8.       The Service is an instrument for the Users to place their announcements with regard to Merchandise the sale and/or purchase of which is allowed by law, this Agreement and other rules of the Service usage.

6.9.       The Service may not always verify announcements placed by the Users, and, as consequence, the quality, safety, legality and conformity of the Merchandise to its description, as well as the seller’s ability to sell, and the buyer’s ability to buy the Merchandise shall be out of the Service’s control.

6.10.     The Service may not exercise control over the reliability of the information placed by the Users in their announcements.

6.11.     The Service, its Administration, management and employees shall bear no liability whatsoever for the content or reliability of the announcements located on the Service.

6.12.     The Administration, its management and employees shall bear no liability whatsoever for the content of any messages (including those received by the Users in their inbox and/or on mobile phone), as well as for any usage of the Users’ contact information.

6.13.     The User understands that the fact of announcement placement on the Service shall not guarantee that offering, sale and/or acquisition of any Merchandise is valid and legal. The User shall be the sole decision taker in entering into a transaction.

6.14.     As long as the legislation permits, the total liability of the Service to cover any claims shall be restricted to the amount that has been paid by the User for using the Service services or (at the discretion of the Service) to the repeated provision of such services to the User.

6.15.     The User agrees that all disputes between the User and other users and/or the Service visitors (including those arising as a result of entering into transactions) shall be resolved by the User independently without involving the Administration.

6.16.     The Service shall bear no liability for any access of third parties to the Service services and/or any information about the Users (including their personal data), which has been gained without consent (authorisation) and/or awareness of the Administration.

6.17.     The User agrees that the Administration shall bear no liability and shall have neither direct, nor indirect obligations before the User in connection with any possible or actual losses and damage related to the Service content and/or as a result of the transactions performed by the User, copyright registration and information about such registration, product and services available on the Service or any other contacts the User has established using the information on the Service.

6.18.     The Administration shall carry no liability for any software failures, crashes and other technical and software disorders, as well as for the errors, software viruses, etc. that might be passed on to the Service or through the Service by the third parties.

6.19.     The User shall act exclusively in accordance with the current legislation and this Agreement, as well as bear full liability in accordance with the legislation for his/her actions or inaction on the Service and while utilising the Service services.

6.20.     If the User’s rights are violated by another Service User (unlawful use of an intellectual property item, etc.), the User whose rights have been violated shall have the right to address the Administration or its moderators with a complaint. The Administration will review the complaint and, if found justified, the Administration may take measures to stop violation of the User’s rights.

 

7. Duration of the Agreement

 

7.1.       This Agreement shall come into effect from the moment when the User begins using the Service services, irrespective of the User’s registration or announcement placement, and shall remain in effect indefinitely.

7.2.       The User has the right to terminate his registration on the Service unilaterally, without prior notice to the Administration and explaining the reasons.

7.3.       Termination of the Agreement with the User by the Administration may occur in the following cases:

7.3.1.          Violation by the User of the terms and conditions of this Agreement, in the event of any damage to the Service or the Administration, including their reputation, or to other users of the Service;

7.3.2.          In the event of other User actions, contrary with the Service policies

7.4.       The Service shall reserve its right to stop, at its own discretion, the User’s access to the Service. The User whose access to the services has been terminated or whose data has ceased to be valid shall have neither the right to register again, nor be able to use registration information of another User in order to gain access to the Service. Legal relations can be restored only after the Administration makes the appropriate decision.

 

8. Amendments

8.1.  In order to improve the quality of services provided by the Administration at the Service, to comply with the requirements of the law and respond to changing market conditions, the Administration may make amendments and additions at its own discretion. The new version of the Agreement shall come into force upon its publishing online, unless otherwise provided by the new version of the Agreement or other additional documents which the Administration is a party to.
8.2.  If the User disagrees with any amendments hereto, the User shall terminate the access to the Service and stop using the services thereof.

9. Other Terms and Conditions

 

9.1.       Should any disputes arise, the Parties to this Agreement shall resolve them by means of negotiations. Disputes that arise while executing this Agreement and providing services by the Service shall be resolved in accordance with the current legislation.

9.2.       Resolution of all disputes shall be governed by the legislation of Estonia.

9.3.       The Service shall reserve its right to amend this Agreement unilaterally and without notifying the Users. New edition of the Agreement shall come into effect once it is published on the Service.

9.4.       Nothing in this Agreement shall be understood and interpreted as establishment of agency relationship between the User and the Administration, or relationship of association, cooperation, personal hire, or any other sort of relationship, unless expressly stipulated by this Agreement.

9.5.       If the Court finds any provision of this Agreement invalid or unenforceable, no other provisions of this Agreement shall be impacted by such Court finding.

9.6.       Inaction of the Administration when any of the Users violates provisions of this Agreement shall not deprive the Administration of the right to take appropriate measures in the future to protect its interests and rights.

9.7.       All other terms and circumstances, which are not stipulated by this Agreement, shall be decided on a case-by-case basis.

 

The User shall confirm that he/she has read all the provisions of this Agreement and accepts it fully and unconditionally.

 

Addendums:

 

1.         Appendix No. 1 (Privacy Policy)

2.         Appendix No. 2 (Offer Agreement on Paid Services Provision)

 

Appendix No. 1 to User Agreement https://lalafo.kg/

 

1. Privacy Policy

 

1.1.       This Privacy Policy shall constitute an integral part of the Service User Agreement https://lalafo.kg/.

1.2.       This Privacy Policy shall establish the procedure of receipt, storage, processing, usage, disclosure and protection of User’s personal data.

1.3.       User’s personal database is located at the Administration address.

1.4.       Personal database Administrator shall be Private Limited Company YALLA CLASSIFIEDS (YALLA CLASSIFIEDS OÜ).

1.5.       The User shall provide information and personal data when filling out the form to publish announcement, or during registration on the Service, or when subscribing to receive messages, as well as in other cases of using the Service services. Information may also be collected in the form of questioning the Service Users. The Users shall give their consent to participate in the questionnaires.

1.6.       The User shall make his/her own choice out of his/her free will whether to provide personal or any other data about himself/herself to the Service, and shall hereby declare consent to the Administration processing his/her personal data and information, or to transfer such data to be processed by other Users and/or third parties acting by the authority delegated to them by the Administration.

1.7.       Processing of the personal data is any action or combination of actions, such as collection, registration, accumulation, storage, adaptation, alteration and distribution (distribution, sale, transfer, including transfer abroad) and elimination of personal data, including application of informational (automated) systems.

1.8.       Data processing objectives include:

1.8.1.          Acquisition of statistical and analytical data in order to improve functioning of the Service, its applications and services.

1.8.2.          Expansion of the spectrum of provided services.

1.8.3.          Receiving informational (notification about new opportunities, events and other news) or advertising messages of the Service and other persons.

1.8.4.          Prevention or interception of unlawful or unauthorised actions of the Users or third parties.

1.8.5.          Ensuring compliance with the current legislation.

1.9.       The Service will collect the following information about the Users:

1.9.1.          Personal information, which is input by the User, shown or revealed in any other way by him/her to the Administration when using the Service. Such information shall include, in particular (but not limited to) the User’s name and surname (company name), email address and password, phone number, location, as well as address. When the User logs in with the social network profile, the Service may also collect information located in the profile of such social network. The User shall bear liability for the information provided by him/her, while the Service shall provide the channel to distribute and publish the User’s data online.

1.9.2.          Technical information, which is automatically collected by the Service software when the Service is visited.

1.10.     The Service or the Administration will not collect or process the data about racial or ethnic origin, political, religious and ideological beliefs, membership in political parties and professional unions, criminal history, as well as data concerning health, sex life, biometrical or genetic data.

1.11.     The Service and the Administration shall not share any personal or other data provided by the User with third parties having no relation to the Service, except for cases when the User has agreed thereto, as well as in cases stipulated by the User Agreement or the legislation.

1.12.     On some occasions, the Service and the Administration may disclose certain data to the persons who cooperate with the Service or are connected with the Administration.

1.13.     The Administration shall not sell or lease information and personal data provided by the User in the process of using the Service.

1.14.     In order to facilitate interaction between the Users, the services shall imply restricted access to the contact information of other Users. The User Agreement shall restrict the right to use information provided by other Users.

1.15.     The Service User shall not use data provided by another User without the written consent of that User or without approval in any other way to use such data. All information obtained by the User about other Users in connection with using the Service may be used solely for entering into and performing transactions related to the Merchandise. Therefore, the User shall not use email address or a phone number of another User with the purpose of direct email marketing or any other delivery of unfavourable electronic messages, as well as for any other illegal acts or actions performed without the other Party’s knowledge and consent.

1.16.     The Service User shall have at any time the possibility to amend, delete or edit in any other way his/her personal data provided in the process of using the Service.

1.17.     The User shall bear liability for the accuracy and reliability of any information and data provided by him/her.

1.18.     When the User has logged in, registered and is using the Service with the help of OpenID service, the User may adjust the procedure of submission and usage of his/her data in the settings of such service.

1.19.     The Service and the Administration shall take all reasonable measures to protect personal data of the User from unauthorised access by third parties.

1.20.     All personal data collected and processed by the Service shall be stored on one of the several protected servers. There shall be no access to such servers outside the corporate network. All employees of the Administration who perform functions related to the access and usage of Users’ personal and other information have signed the Non-disclosure agreement to not disclose Users’ information to third parties.

 

2. Cookies, Web Beacons, and Similar Technologies

 

2.1.       The Service may use cookies, web beacons and other similar technologies to store information. Such files are used in order to facilitate usage of the Service, to enhance the quality of Service services (including safety), as well as for advertising purposes.

2.2.       Any information obtained by the Service from the User, as well as placement of cookies on the User’s browser shall be performed with notification and upon the User’s consent. By continuing the usage of the Service, the User shall give consent to the Service to store cookies on the User’s browser.

2.3.       The Service shall use cookies and similar technologies that remain on the User’s device when the browser is active, as well as cookies and other similar technologies that remain on the User’s device for a more prolonged period. The User shall have the right to block, delete or turn off such cookies and similar technologies, as long as the User’s device allows doing so.

2.3.1.          Cookies is a term used in computer terminology to describe information in the form of a text or binary data received from the Service that is stored on the User’s side, i.e. on the browser, and is later sent to the Service when the User visits the Service again. In this way the Service marks the User’s browser during his/her visits to the Service. Cookies facilitate usage of the Service by recording the data necessary to log into the system and collect statistics. Cookies do not contain personal data.

2.3.2.          Web beacons are small graphic images (also known as “point markers” or “Network beacons”) that may be turned on in the Service, as well as its servers, applications, exchange of messages, and in the tools, which usually function in combination with cookies in order to identify the User.

2.3.3.          Similar technologies are technologies that store information in the browser or the device using local general objects or a local storage, such as “flash cookies”, “HTML 5 cookies”, and other methods of web-applications. Such technologies may work in all browsers of the User, and in some cases they may not be fully controlled by the browser and may require direct control through the applications or devices installed by the User.

2.4.       The Administration shall take all safety measures in order to prevent unauthorised access to cookies and similar technologies. The User shall take similar safety measures. The Administration shall guarantee that the Administration only and/or authorised providers of the Service services may have access to such cookies.

2.5.       Providers of the Service services are companies that assist with different aspects of the Service operation. The Administration shall utilise certain authorised service providers in order to deliver related Service services to the User, as well as for other purposes directly related to the Service operation. Such service providers may also place cookies on the User’s device through the Service services (side cookies). They may also collect other information, for instance IP address or other identifiers.

2.6.       Any information collected and stored by the Service with the help of aforementioned technologies shall be used with the User’s consent.

2.7.       The User can manage cookies in the browser or device settings. In order to reject collection and storage of information, the User shall check “Do not store cookies” in the browser settings, as well as press the button “Clear cookies”.

2.8.       Information of technical nature contained in the system, for example IP addresses, is used by the Service to service the network equipment, as well as to summarise statistical and other information.

2.9.       The Service shall store information about the User’s latest visit to the system in order to ensure high quality of the services provided, which shall be adapted to individual needs and interests of the User.

 

3. Amendments to the Privacy Policy

 

3.1.       The Administration may enter amendments, delete or renew the rules of the Privacy Policy.

3.2.       Should the User disagree with the amendments, he/she shall stop using the Service. Should the User continue using the Service, he/she shall agree and accept all amendments and the new version of the Privacy Policy in its totality.

 

 

FEE-BASED SERVICE

 

AGREEMENT-OFFER

 

1. GENERAL PROVISIONS

 

1.1.       This document is an open offer (hereinafter referred to as the “Offer”) of Yalla Classifieds OÜ, registered in the Republic of Estonia, represented by the Branch of Yalla Classifieds OÜ in the Kyrgyz Republic (hereinafter referred to as the “Provider”), to enter into the Service Agreement (hereinafter the “Agreement”) on the terms set out in this Offer, intended for an indefinite number of persons.

1.2.       In accordance with Art. 398 of the Civil Code of the Kyrgyz Republic, this Agreement is a public agreement, and in case of acceptance of the terms set forth in the Offer, an individual or a legal entity shall be the Customer under the Agreement and shall comply with the terms of this Agreement and Appendices hereto, which shall form an integral part hereof. By accepting the Offer in accordance with Clause 4 of the Offer, the Customer shall enter into the Agreement under the terms of the Offer.

1.3.       A Customer cannot be a person or an entity restricted as regards entering into the Agreement in accordance with the legislation of the Kyrgyz Republic (including, but not limited to persons or entities restricted regarding the conduct of business).

1.4.       The Offer shall come into force upon its publishing online at https://lalafo.kg/page/user-agreement and shall be valid until the Offer is revoked by the Provider.

1.5.       The Provider may make changes to the terms and conditions of the Offer (including the price and description of rates) and/or withdraw the Offer at any time at its discretion. If the Provider makes changes to the Offer, such changes shall take effect upon publishing the updated version of the Offer online at the address specified in Clause 1.4. hereof, unless another date for the entry into force of the amendments is agreed regarding such publishing.

1.6.       Service is an Internet resource (web-site) located online at https://lalafo.kg/, applications to the web-site based on different operating systems and other services, as well as software, design (graphic design) of the web-site, applications and other services, a database, any section (subsection) of services, as well as information published on services by the Administration and Users.

 

2. SUBJECT MATTER OF AGREEMENT

 

2.1.       In accordance with the procedure and on the terms and conditions determined by this Agreement, the Provider shall provide the Customer with the services specified in Sub-Clauses 2.1.1 - 2.1.3 hereof (hereinafter referred to as “Services”), and the Customer shall accept and pay for the Services provided by the Provider. The Services hereunder shall be provided by the Provider together or separately and shall include:

2.1.1.          Providing the Customer with online access to the Service, which shall ensure publishing and processing of the Customer’s information, the Customer’s access for the creation and setting up (activation) of the PRO account by the Customer on the Service. PRO account service is described at https://lalafo.kg/page/business-kg. The price of the service shall be determined in accordance with the rates specified in the Customer’s (User’s) account as well as on other web-pages of the Service.

2.1.2.          Provision (activation) of fee-based services (hereinafter “Fee-Based Services”). Types and description of Fee-Based Services are published at https://lalafo.kg/page/paid-features. The prices of Fee-Based Services shall be determined in accordance with the rates specified in the Customer’s (User’s) account as well as on other web-pages of the Service.

2.1.3.          Placement of advertising on the Service (hereinafter “Advertising Services”). The price of Advertising services shall be determined in accordance with the rates published at https://lalafo.kg/advertising.

2.2.       The Customer agrees to the terms and conditions set forth in this Offer and shall comply with the User Agreement published at https://lalafo.kg/page/user-agreement and the Information Publishing Guidelines published at https://lalafo.kg/page/how-to-sell, which shall form integral parts hereof. Should the User Agreement or the Information Publishing Guidelines be amended after the Customer has accepted the Offer, the Customer shall be entitled to terminate this Agreement unilaterally. By continuing the use of the Service, the Customer agrees and accepts any and all changes made to the User Agreement or the Information Publishing Guidelines.

2.3.       The place of provision of services (the place of the execution hereof) shall be Bishkek, Kyrgyz Republic.

2.4.       The reporting period for the provision of Services hereunder shall be a calendar month.

 

3. PRICE OF SERVICES AND PAYMENT TERMS

 

3.1.       The price of the Provider’s Services hereunder shall be determined taking into account the rates chosen by the Customer, in accordance with Sub-Clauses 2.1.1 - 2.1.3 of Clause 2.1. hereof. With regard to the above, the Provider may provide the Customer with additional discounts and/or bonuses for existing rates, unilaterally or by means of supplementary agreement between the Parties hereto.

3.2.       The Services shall be provided in accordance with the terms and conditions hereof on a basis of advance payment of 100% (one hundred percent) of the cost of services, unless otherwise agreed by the Parties separately.

3.3.       The Services shall be rendered by the Provider to the Customer within the time limits established in the respective rates for the services.

3.4.       If the Customer fails to provide the Provider with a reasoned objection to the quality or terms of service delivery by the 5th day of the calendar month following the month in which the services were rendered, such services shall be considered accepted by the Customer in full, any claims of the Customer regarding the quality of such services and the time limits for the provision thereof by the Provider shall not be accepted thereafter, and such services shall be considered rendered with the acceptable quality and in proper manner.

3.5.       Service Acceptance Certificates, bills and invoices shall be issued solely to the Customers who are business entities subject to payment for services directly to the settlement account of the Provider and under Agreements separately executed with such Customers, without using payment services or cash registers. Otherwise, the Provider shall not provide Service Acceptance Certificates, bills or invoices.

 

4. ACCEPTANCE OF THE OFFER AND EXECUTION OF THE AGREEMENT

 

4.1.       The Customer shall accept the Offer and enter into this Agreement by making an advance payment for the Provider’s services in accordance with Clause 3.2 of the Agreement.

4.2.       The Customer shall pay for the services in cash by depositing funds to the Provider’s cash register, or by wire transfer to the Provider’s bank account specified in Section 10 hereof, as well as by means of payment systems used by the Service or online payment systems.

4.3.       The date of payment shall be the date when the funds are transferred to the Provider’s account.

4.4.       Any additional fees (charged by payment systems and other intermediaries) as well as any conversion fees shall be paid by the Customer.

 

5. TERM AND AMENDMENT OF THE AGREEMENT

 

5.1.       The Agreement shall come into force upon acceptance of the Offer by the Customer and shall be valid:

a)               until the Parties fulfil their obligations hereunder in full, or

b)               until the early termination of the Agreement.

 

6. TERMINATION OF THE AGREEMENT

 

6.1.       The Agreement may be terminated early:

6.1.1.          By agreement of the Parties at any time;

6.1.2.          By either Party by a written notice to the other Party if the other Party violates the terms of the Agreement. In this case, the Agreement shall be deemed terminated upon receipt of the corresponding written notice by the Party in default from the other Party;

6.1.3.          By either Party subject to written notice to the other Party 10 (ten) calendar days prior to the date of such termination of the Agreement.

6.1.4.          In other cases, stipulated by this Agreement or the legislation of the Kyrgyz Republic.

6.2.       In case of early termination of the Agreement by the Provider or the Customer, except in cases of the Customer’s violation of obligations in accordance with Clause 2.2 hereof, the Provider shall refund the balance of the price of paid but not provided services to the Customer.

 

7. WARRANTY

 

7.1.       The Provider represents and warrants that it is fully authorised to enter into and perform this Agreement.

7.2.       The Customer represents and warrants that any informational materials provided by the Customer to the Provider comply with the applicable rules and regulations, including the laws on advertising, copyright and related rights, the antitrust laws, including legislation on protection against unfair competition and on protection of economic competition. The Customer represents and warrants that the informational materials contain all the information required by law, and that the placement, content and form of informational materials correspond to other requirements of the applicable laws. The Customer shall indemnify the Provider for any losses (expenses, damage) caused by the violation of this Clause in full and within the time specified by the Provider.

7.3.       By agreeing with and accepting the terms and conditions of this Agreement, the Customer represents and warrants to the Provider that the Customer:

7.3.1.          has provided reliable data when signing up and when drawing up payment documents to pay for services;

7.3.2.          is entering into this Agreement voluntarily;

7.3.3.          has been fully acquainted with the conditions and fully understands the subject matter of this Agreement;

7.3.4.          has read and understood the User Agreement in full, accepts and agrees with the User Agreement and other rules published on the Service.

7.3.5.          is fully authorised to enter into and perform the Agreement;

7.3.6.          holds any intellectual property rights in relation to items placed on the Service (trademarks for goods and services, copyright items, designs, etc.).

 

8. LIABILITY; DISCLAIMER

 

8.1.       For violation of the terms hereof, the Parties shall be liable in accordance with the Agreement and/or the applicable laws of the Kyrgyz Republic.

8.2.       The Customer shall be fully liable for:

a).              compliance with any laws, including but not limited to the laws on advertising, intellectual property rights, protection of economic competition;

b).              for violation of the applicable rules and regulations regarding the content and form of informational materials, the choice of keywords, the advertising object (including the domain name of the web-site of the Customer and/or its client) linked, other actions carried out by the Customer in the capacity of the Customer or a representative of third parties, violation of intellectual property rights, as well as other copyrights of third parties included in informational materials or an advertising object, for inaccurate information, errors and inaccuracy of informational materials content, for the unreliability of informational materials and promotion of unfair competition in informational materials, offensive, demeaning, discriminatory or any other unethical nature of informational materials or the advertising object in relation to any person and/or violation of the rights of any third parties and/or any state by the informational materials or advertising object, as well as for knowingly unfair, false or other inappropriate advertising;

c).              accuracy of the information specified by the Customer when signing up at the Portal and the accuracy of the warranties and representations of the Customer set forth in Clause 7 of the Offer;

d).              for actions (omission) of third parties engaged by the Customer (the Customer’s clients and other third parties).

8.3.       The Customer shall resolve disputes and settle claims of third parties independently and at its own expense with respect to the published informational materials or shall reimburse losses (expenses, damage, penalties, costs, including legal fees) caused to the Provider in connection with claims and lawsuits of third parties or the State regarding the placement of informational materials of the Customer.

8.4.       The Provider’s liability to the Customer hereunder in relation to the Customer’s claim for damages due to the non-provision or provision of the Services of inadequate quality by the Provider shall be limited to the amount of documented losses of the Customer within the amount in accordance with the legislation of the Kyrgyz Republic.

8.5.       In any case, the Provider shall not refund the cost of actually rendered services to the Customer.

8.6.       The Provider shall not be liable for the Customer’s failure to achieve or obtain economic, financial or other results that the Customer expects to receive using the services of the Provider. The Customer understands and acknowledges that the discrepancy between the result of the provision of services and the result that the Customer expected and wished to receive using the services of the Provider shall not be considered as non-provision of such service and/or inadequate provision the service.

 

9. MISCELLANEOUS

 

9.1.       the Provider holds intellectual property rights to any materials, access to which is provided by the Provider to the Customer. Exclusive rights to the items of intellectual property rights that may be created by the Provider in the process of providing services to the Customer shall be retained by the Provider.

9.2.       By accepting this Offer, the Customer agrees and grants its consent to the Provider to process its personal data provided by the Customer during the use of the Service, including phone numbers and e-mails, in particular, collection, systematization, accumulation, storage, amendment (updating, change), use, dissemination (including international transfer), depersonalization, blocking, destruction of personal data, as well as transferring the data to the Provider’s counterparties for further processing (including collection, systematization, accumulation, storage, amendment (updating, change), use, dissemination (including international transfer), depersonalization, blocking, destruction of personal data) to conduct research aimed at improving the quality of services, implementation of marketing programmes, statistical studies, as well as promoting services on the market through direct contact with the Customer through various means of communication, including, but not limited to: post, e-mail, telephone, facsimile, the Internet. The Customer agrees and grants its consent to the Provider and the Provider’s counterparties to process the Customer’s personal data using automated database management systems as well as other software tools specifically developed on behalf of the Provider.

9.3.       The Customer shall not transfer its rights and obligations hereunder to third parties without prior written consent of the Provider.

9.4.       Any disputes and discrepancies arising out of or in connection with this Agreement shall be resolved by the Parties by means of negotiation. Should it be impossible to resolve a dispute through negotiations, it shall be settled in court in accordance with the current legislation of the Kyrgyz Republic.

 

DETAILS OF THE PROVIDER

 

Branch of Yalla Classifides OÜ in the Kyrgyz Republic

Registration number 177007-3300-Ф-л

OKPO code (General Classifier of Businesses and Organizations) 30429290

Identification tax number 02609201810175

Address: 103 Ibraimova Street, Bishkek, the Kyrgyz Republic, 720021,

Account 1280016052629280

Demir Kyrgyz International Bank (Bishkek, Kyrgyzstan)

Settlement account KGS 1180000119191180

BIK 118005