This User Agreement (hereinafter referred to as the Agreement ) governs the relationship between Mirovoy Turistic, LLC (OGRN 1137746345351, Russia, 105066 Moscow, Novoryazanskaya str. 26, building 1), hereinafter “Company” and you, hereinafter referred to as “User” , on the use of the site for computers (hereinafter - " Tehclub Site ", "Service "), on the following conditions:
- Terms and definitions :
Service - a set of computer programs and other intellectual property of the Company (including the graphic design of the interface (design), etc.), information (Content) posted by the Company and / or Users. Access to the Service is possible using the website, mobile version of the website and / or application.
User - an individual who is a licensee under this Agreement and has the necessary legal capacity to gain access to the Service and implement the capabilities provided by the functionality of the Service.
Product - any product, equipment, lot in relation to which the User places an Advertisement through the Service.
Announcement - an informational message with a proposal for the Goods (including photos of the Goods, price and any related information) posted by the User through the Service in the Application, addressed to an indefinite circle of persons.
Seller - a User who posts an Announcement through the Service with a proposal to conclude a deal in relation to the Goods, acting in his own interests or in the interests of another person.
Buyer - a User who views the Advertisements posted by the Seller, interacts with the Seller in relation to the Goods and / or concludes a transaction with the Seller.
2.1. This User (license) agreement (hereinafter referred to as the "Agreement") has been developed by the Company and defines the conditions for using the Service, as well as the rights and obligations of its Users and the Company. The Agreement also governs relations aimed at protecting the rights and interests of third parties who are not Users, but whose rights and interests may be affected by the actions of Users.
An integral part of this agreement is the Rules for the protection of information about Users of the Service (hereinafter referred to as the “Rules”).
2.2. The user is obliged to fully familiarize himself with this Agreement and the Rules before using the Service. The User taking actions aimed at using the Service, including searching, viewing or submitting Ads, and other actions to use the functionality of the Service means the full and unconditional acceptance by the User of this Agreement and the Rules in accordance with Art. 438 of the Civil Code of the Russian Federation.
Actions to visit and / or use the Service using any device and any operating system, regardless of registration and authorization, indicate the unconditional consent of the User with the terms of the Agreement and the Rules.
2.3. This Agreement and the Rules may be changed and / or supplemented by the Company unilaterally without any special notice to the Users. The user undertakes to regularly check the terms of this Agreement and the Rules for changes and / or additions. Continued use of the Service by the User after making changes and / or additions to this Agreement and the Rules means acceptance and consent of the User with such changes and / or additions.
2.4. If the User disagrees with this Agreement or its updates, the User undertakes to refuse to use the Service by deleting all of his Ads. The User's refusal to use the Service and / or the removal of content does not terminate the Company's non-exclusive rights to the User's content that was used by the Company until the decision to refuse the Service was made in accordance with the procedure established by clause 9.3 of the Agreement.
- Publication on the Service
3.1. The publication of goods by the User on the Service is voluntary and free. The amount of remuneration is discussed with the User on mutually beneficial terms. The User guarantees the Company that he has reached the age permissible in accordance with the legislation of the Russian Federation for the acceptance of this Agreement and the Rules, and has the appropriate authority to use the functionality of the Service.
3.2. The publication on the Service is carried out by the User taking active actions on the Service or by sending data to the Company's email , and by making direct telephone contact with the User.
3.3. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation provided to the Company when publishing and further in the process of using the Service information. The user is obliged to timely update the information provided by him.
By posting information on the Service, the User agrees that such information may be available to other Users of the Service, taking into account its functionality (which may change from time to time).
3.4. The processing of the User's personal data by the Company is carried out in accordance with the legislation of the Russian Federation and in accordance with the Rules. The Company processes the personal data of Users in order to provide Users with access to the Service and its functionality, check, research and analyze such data, allowing to maintain and improve the existing functionality of the Service, as well as develop new functionality. The company takes all necessary measures to protect the personal data of Users from unauthorized access, modification, disclosure or destruction. The Company provides access to the personal data of Users only to those employees, contractors and agents of the Company who need this information to ensure the functioning of the Service and provide Users with access to its use. The Company has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including in order to prevent and / or suppress illegal and / or illegal actions of Users). The disclosure of information provided by the User can be made only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation. Since the Company processes the personal data of Users in order to fulfill this Agreement, by virtue of the provisions of the legislation on personal data, the consent of the Users to the processing of their personal data is not required.
3.5. The User agrees that for the purposes provided for in this Agreement, the Company may collect and use additional information related to the User, obtained during the user's access to the Service or from third parties, and including data on technical means (devices) and methods of technological interaction with the Service (including the IP address of the host, the type of the User's operating system, the type of browser, geographic location, information about the provider, etc.), about the User's activity on the Service, as well as other data obtained by these methods. The Company has the right to dispose of statistical information related to the operation of the Service, as well as information of Users for the purpose of organizing the operation and technical support of the Service and the fulfillment of the terms of this Agreement.
- Subject of the Agreement and description of the Service
4.1. Under this Agreement, the Company grants the User the right to use the Service in the manner described in this Agreement, under the terms of a simple gratuitous non-exclusive license, unless otherwise provided by this Agreement.
The Service provides Users with a platform for posting, searching and viewing Ads on the terms of this Agreement.
4.2. The Company can claim a monetary reward for the provision of the Service, assistance in finding a buyer or seller, advertising a product, and other actions aimed at helping the User to complete a purchase and sale transaction. The amount of remuneration is discussed with the User on mutually beneficial terms and is prescribed in the service agreement.
- User rights and obligations
5.1. The user has the right, subject to the rules provided for in this Agreement, to use the Service free of charge as a computer program under the terms of a simple (non-exclusive) license to post, search and view Ads.
5.2. When using the Service, the User is obliged:
- comply with the provisions of the current legislation of the Russian Federation and this Agreement;
- compose the title and text of the Announcement in Russian in accordance with the requirements of the current legislation of the Russian Federation, with the exception of international and well-known trademarks. At the same time, the User has the right to duplicate the text in the Announcement in another language only if the content of such text fully corresponds to the text in Russian. By placing an Advertisement in two languages, the User confirms the authenticity of the versions of the texts of the Ads in Russian and other languages;
- before posting any information on the Service, including Ads, first assess the legality of their posting;
- place Advertisements only about the Products in respect of which the User has sufficient rights to dispose of such Products and make transactions in relation to them;
- to bring to the attention of the Users complete and exclusively reliable information about the properties of the Goods and their characteristics; The goods indicated in the Announcement must comply with the description set forth in this Announcement;
5.3. By posting Ads on the Service, the User understands and agrees that the Company has the right to display Ads posted by Users on the Service on other Internet resources , including social networks. In this case, when the User removes the Advertisement from the Service, such an advertisement is automatically deleted from other Internet resources . When the User removes the Ads from other Internet resources , such Ads are automatically removed from the Service.
- Company rights and obligations
6.1. The Company carries out the current management of the Service, independently determines its structure, appearance and other elements. The Company reserves the right at any time to revise or change the design of the Service, its functionality, change or supplement the scripts used, software used or stored within the Service, and the conditions for Users' access to them without any special notification to Users.
6.2. The Company also has the right, at its sole discretion, to stop (temporarily or permanently) providing access to the Service in whole or in any part to all Users in general or to an individual User without any special notification.
6.3. The Company has the right, without reimbursement of any costs or losses, at any time without notifying the User to remove Ads that do not meet the requirements of this Agreement, including in the event of any one-time violation by the User of the terms of this Agreement, unless otherwise expressly provided by applicable law. The Company has the right, but not the obligation, to restore previously deleted Ads in the event that the User eliminates the violations committed.
6.4. The Company has the right, at any time, at its discretion, to conduct a random check of the Ads for compliance with this Agreement by the Users and their compliance with the current legislation of the Russian Federation.
6.5. The Company also has the right at any time to request from the User, and the User is obliged, upon the Company's request, to provide it with information, documents and / or materials confirming the accuracy of the information specified by the User about himself in the Announcements, as well as its compliance with this Agreement and the current legislation of the Russian Federation.
6.6. The User confirms his consent that the Company has the right to send the User to the contact addresses provided by him ( email , phone number) information about the development of the Service and its functionality, as well as advertise his own activities and send advertising and informational mailings containing information about the Service's services, about promotions and other events of the Company, about the offers of the Sellers (Announcements), as well as other information directly related to the fulfillment of the obligations of the Parties under this Agreement.
6.7. The company undertakes:
- on the terms set forth in this Agreement, grant the User the rights to use the Service under the terms of a simple (non-exclusive) license;
- provide, within a reasonable time, technical and information support to Users necessary to gain access to the Service and its subsequent use.
- delete the ad at the request of the User, which was provided to him earlier.
6.9. The Company has the right to display the Ads posted by Users on the Service on other Internet resources , including social networks.
- Guarantees, responsibility, acceptance of risks by Users
7.1. The use of the Service is carried out by the Users at their own peril and risk: the Seller independently at his own peril and risk places Advertisements in relation to the Goods, which the Seller is entitled to dispose of, and the Buyer considers at his own discretion and under his own responsibility the Advertisements of the Sellers and decides to by another Seller.
7.2. If the User has doubts about the legality of the implementation of certain actions, including those related to the placement of Ads, the Company recommends to refrain from performing the latter.
7.3. The User is personally responsible for any information, Ads and photos that he posts on the Service website / in the Application, informs other Users, as well as for any interactions with other Users carried out at his own risk.
7.4. The user confirms that he is acting legally (for example, by power of attorney), has all the necessary rights (in particular for placing Ads) and does not violate by his actions the legal rights and interests of third parties and the current legislation of the Russian Federation, including competition law and rights to the results of intellectual activity and means of individualization.
- Limitation of Company Liability
8.1. The Company does not provide any guarantees that the Service or its elements may be suitable for specific purposes of use. The Company cannot guarantee and does not promise any specific results from the use of the Service or its elements. The Service, including all scripts, individual elements and the design of the Service are provided "as is".
8.2. The Company does not provide any guarantees that there will be no interruptions in the operation of the Service due to technical malfunctions, maintenance, etc., however, it makes commercially reasonable efforts to ensure that the Service operates around the clock. The Company does not provide any guarantees that the Service or any of its elements will function at any particular time in the future or that they will not stop working.
8.3. The Company is not responsible and does not compensate for any damage, direct or indirect, caused to the User or third parties as a result of the use or inability to use the Service, unless otherwise provided by applicable law.
8.4. The Company is not responsible for any damage to the device or software of the User or another person caused or associated with the use of the Service or when clicking on the links posted within the Service.
8.5. Under no circumstances will the Company and its representatives be liable to Users and / or third parties for any indirect, accidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the Service, content Service or other materials to which Users or other third parties gained access using the Service, even if the Company warned or indicated the possibility of such harm.
8.6. The Company is not obliged to check the Ads and their content, resources, links to which are contained in the Announcement, the reliability of Sellers and Buyers (as well as their identification). In this regard, the quality, safety, legality and compliance of the Goods with its description, as well as the Seller's ability to sell and / or the Buyer to purchase the Goods are outside the participation and control of the Company. The Company is not responsible for the content of the information provided by the Users, including the content of the Ads, the use by the Users of trademarks, logos of third parties and other components of the Ads and other sections of the Service generated by the Users.
8.7. The Company is not always a party to transactions between the Buyer and the Seller, and is not always an organizer, intermediary, agent or representative of any User and / or other interested person in relation to the proposed / concluded transaction between the Users.
- Intellectual Property Terms
9.1. The exclusive rights to the Service, including but not limited to computer programs, databases, interface, technical developments, logo, trademark, other means of individualization used on the Service and allowing to implement the functionality of the Service, belong to the Company.
9.2. Except for the cases established by this Agreement, as well as by the current legislation of the Russian Federation, the Service and its components, including those listed in the paragraph above, cannot be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior written permission of the Company.
9.3. If the information (content) posted by the User is protected by copyright, the rights to such information remain with the User who posted such information.
At the same time, the User grants other Users of the Service a gratuitous non-exclusive right to use such content by viewing, reproducing (including copying), processing (including printing copies) and other rights solely for the purpose of personal non-commercial use, unless such use causes or may cause harm to the interests of the copyright holder protected by law.
In addition, the User grants the Company a non-exclusive right to use, free of charge, the content posted on the Service and legally owned by it in order to ensure that the Company operates the Service to the extent determined by its functionality and architecture, as well as display content (including, but not limited to, photos of Ads and from the Announcements, the texts of the descriptions of the Goods) in the Company's promotional materials , including within the framework of the images of the Service interface, including by bringing such promotional materials to the public, incl . in order to advertise the Service on various information resources. The specified non-exclusive right is granted for the entire duration of the exclusive right, includes incl . the right to reproduce content, as well as to process content, incl . by inclusion in a complex object or composite work, subsequent display, bringing to the public, communication by cable, etc. and spreads its action on the territory of countries around the world. The company has the right to transfer the rights specified in this clause to third parties. The expiration of the term for posting content on the Service and / or the term of validity of a non-exclusive right does not entail the need to withdraw the Company's promotional materials from circulation with displaying content (including their removal from the Internet).
9.4. Nothing in this Agreement gives the User the right to use the logo, trade name, trademarks, domain names and other distinctive marks of the Company.
- Territory and duration of the Agreement. Modification and termination of the Agreement
10.1. The user has the right to use the Service throughout the Russian Federation, as well as other territories where it is available using standard computer tools and programs.
10.2. This Agreement enters into force for the User from the moment of his accession to the terms of the Agreement and is valid for an indefinite period.
10.3. This agreement is terminated if:
10.3.1 The User will decide to stop using the Service by sending the Company an appropriate notification (by contacting technical support through the Service interface, or by sending the Company a scanned copy of the corresponding request to the email address specified in clause 11.6. Of this Agreement);
10.3.2. The Company will decide to terminate this Agreement unilaterally and out of court with the immediate termination of access and the ability to use the Service and without reimbursement of any costs or losses, unless otherwise provided by applicable law. In particular, the Company may make such a decision if:
- closing the Service;
- any, including one-time, violation by the User of the terms of this Agreement.
10.4. This Agreement can be changed by the Company without any prior notice. Any changes to the Agreement made by the Company unilaterally come into force on the day following the day such changes are published on the website . The User undertakes to independently check the Agreement for changes. Failure by the User to take steps to familiarize himself with the Agreement and / or the amended version of the Agreement cannot serve as a basis for the User's failure to fulfill his obligations and the User's failure to comply with the restrictions established by the Agreement.
10.5. This agreement is considered amended if the Company made changes to its terms, and at the same time the User continued to use the Service.
11.1. A cookie is a data file created by a browser for a website. The browser sends it to the site server in an HTTP request when the site is opened.
A cookie is saved on your computer, tablet, phone, smart TV or other device that you use to visit the site. It is used by site owners to ensure the correct operation of sites, to improve work efficiency and to obtain analytical information.
We use 4 types of cookies on the site :
Files cookie for the correct site. They allow you to move around and use the site. These cookies do not personally identify you. If you do not agree to use this type of files, it may degrade the performance of the website or its components.
Files cookie to analysts. With the help of them, we find out how visitors work with the site, which pages they visit and how long they are on the site. They also allow us to measure the effectiveness of advertising campaigns and to optimize site content for visitors who are interested in our advertising. These cookies do not identify you. The information is anonymous.
Files cookie for regular visitors. With the help of them, we select the content of the site for visitors who come back to the site. If you block them, then this may affect the functionality of the site and restrict access to information.
Files cookie for advertising. They record information about your activities on the Internet, about visits to our sites and pages, as well as data about the links and advertisements that you have chosen to view. This enables us to provide you with advertisements and other information about products that better match your interests.
11.2. How is information collected and used?
Make it easier for yourself and third parties to receive information about your site visits.
Handle your requests.
Analyze information about your visits to pages to improve the site and understand your interests.
Provide advertisements, messages and content created by us and third parties on this site and the sites of others, taking into account your interests.
Help you get the information you need.
11.3. How long are cookies stored on your device?
Some cookies are valid from the moment you enter the site until the end of the work in the browser. When you close your browser, these files become unnecessary and are automatically deleted. These cookies are called "session" cookies .
Some cookies are stored on the device between browsing sessions. These cookies are called "persistent" cookies . The retention period of persistent cookies on a device depends on their function.
11.4. Who places the cookies on your device?
Files cookie placed on your device administration of this website and its subdomains . These cookies are called "own" cookies .
Some cookies may be placed on your device by other operators: Yandex.Metrica , Google Analytics and others. These cookies are called "third party" cookies .
11.5. How are online and mobile advertising used?
Advertising may be served to you based on your online or mobile activity, your search activity, your response to one of our advertisements or emails, the pages you visit, your geographic region, or other information. Such advertisements may appear on our site or on third party sites.
11.6. How do I manage cookies ?
Most internet browsers automatically accept cookies . You can change the settings to block cookies or warn the user when files of this type are sent to the device.
If you disable cookies , the site may stop working correctly, and we will not be able to provide customized offers and improve the site.
If you use different devices to access our site, then you should ensure that each browser on each device is configured in accordance with your point of view in handling cookies .
- Other provisions
12.1. With regard to the functioning and development of the Service, the Company is guided by the legislation of the Russian Federation, this Agreement and other special documents that have been developed or may be developed and adopted by the Company in order to regulate the provision of access to the Service to Users.
12.2. This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation. Since the provision of access to the Service and its functionality is free of charge, the provisions of the Federal Law of 07.02.1992, No. 2300-1 "On Protection of Consumer Rights" to the relationship between the Administration and Users regulated by these Rules are not applicable.
12.3. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of the Russian Federation, at the location of the Company, unless otherwise expressly provided by applicable law.
12.4. This Agreement is drawn up in Russian and can be provided to the User for review in another language. In the event of a discrepancy between the Russian-language version of the Agreement and the version in another language, the provisions of the Russian-language version of this Agreement shall apply.
12.5. If, for any reason, one or more of the provisions of this Agreement are found to be invalid or unenforceable, this will not affect the validity or applicability of the remaining provisions of the Agreement.
12.6. Appeals, suggestions and claims of individuals and legal entities to the Company in connection with the execution of this Agreement and the operation of the Service, violations of the rights and interests of third parties when using the Service, as well as for requests from persons authorized by the legislation of the Russian Federation, can be sent to the Service support service through the feedback form communication .
The main source of this User Agreement is the Russian version.
Revised July 15, 2020.