User Agreement for the Provision of Services by the Website avitok.com
This User Agreement governs the relationship regarding the use of the Internet resource located at avitok,com (hereinafter referred to as the "Site") between avitok.com (hereinafter referred to as the "Executor") and any legal entity or individual using the Site for the purpose of searching, viewing, and/or posting Advertisements (hereinafter referred to as the "User").
By registering on the Site or using the Site to search/view Listings, the User agrees to this User Agreement (hereinafter referred to as the "Agreement") and assumes the rights and obligations set forth therein related to the use of the Site.
Posting advertisements on the Site that are not aimed at conducting entrepreneurial activity is free of charge, unless otherwise expressly stated on the Site and/or in the PS and/or the Offer. In the absence of a specific indication on the Website and/or in the PS and/or the Offer, the opposite is also true: a free advertisement submitted by the User directly indicates that it is not submitted in connection with or for the purpose of their entrepreneurial activity. Users are obliged to use the Site's features in good faith and not to post Advertisements that do not correspond to the Users' real purposes. Terms used in this PS
An Internet resource is a collection of integrated software and hardware tools and information intended for publication on the Internet and displayed in specific text, graphic, or audio formats. An Internet resource is accessible to Internet users via a domain name and a Uniform Resource Locator avitok.com – a unique electronic address that allows access to information and software and hardware, or via a corresponding mobile application.
The Website is an Internet resource that allows Users to post, search for, and view Listings. All rights to the Website belong to the Contractor.
User's Personal Account on the Website (hereinafter referred to as "Personal Account") - an interface for accessing the management of User's Advertisements, other services, their payment, and performing other actions provided on the Website with information materials. Login is performed using the User's Registration Data.
Registration data – the User's identification data intended for the User's access to their personal account. Registration data consists of: a login (the User's email address is used as the login), a password, a security question, and the answer to the security question (used if the User forgets their password). The User can also log in through the social networks Facebook, Vkontakte, Odnoklassniki, or Google+.
Advertisement - an informational message from a Website User containing an offer for a Product (including contact information, images, and any related information) posted by the User on the Website and addressed to an indefinite group of persons.
Goods - any goods, products, services, job offers, or other offers for which the User places an Advertisement on the Website.
1. Subject matter of the agreement
1.1 The Contractor offers you its services on the terms and conditions set forth in this User Agreement.
1.2 The User Agreement may be amended by the Contractor without prior notice. The new version of the User Agreement shall come into force from the moment it is posted on the Website, unless otherwise provided by the new version of the User Agreement.
1.3. The current version of the User Agreement, as well as other documents governing the rules for using the Website and the provision of Website services, is always available on the Website and accessible to all Users.
2. Description of services
2.1. The Website is an Internet platform that allows Users to independently, at their own risk, post offers addressed to an indefinite circle of persons to conclude a transaction in relation to Goods that the User is authorized to dispose of (make offers), and other users of the Website to accept or reject, at their discretion and under their own responsibility, offers posted on the Website by the User, and to conclude or not to conclude a corresponding transaction with the User who posted the Advertisement on the Website. The Contractor shall in no way be considered and is not the organizer of the transaction, buyer, seller, intermediary, agent, or representative of any user of the Website and/or other interested party in relation to the transaction offered/concluded between users of the Website. All transactions between Website users made possible by the User placing an Advertisement on the Website are concluded and executed without the direct or indirect participation of the Contractor.
2.2. The Contractor does not give the User any guarantees that any offers made to users of the Website by placing an Advertisement on the Website or using the contact information contained in the Advertisement will be received and considered by other users of the Website.
2.3. The User undertakes to exercise due diligence when selecting a counterparty, makes decisions about transactions at their own risk, and independently verifies that the offer contained in the Advertisement on the Website is valid and legal.
2.4. The Contractor also provides paid services through the Site, the provision of which is governed by the public Offer - avitok.comservices/oferta
2.5. The provision of paid services on the Site is governed by the public Offer - avitok.comservices/oferta, which the User agrees to when paying for paid services.
3. Rights and obligations of the Contractor
3.1. Rights
3.1.1 Information submitted to the Website is considered the property of the Contractor. The Contractor shall not be obligated to maintain the confidentiality of such information unless otherwise agreed in writing with the User or required by applicable law.
3.1.2 The information contained on the Website may not be reproduced or used for publication without the written permission of the Contractor, unless the page containing such information clearly states otherwise. Copying of information contained on the Website may only be carried out by individuals for personal use.
3.1.3 Under no circumstances shall the Contractor be liable for any damage, loss, or expense arising from the use of the Website or the inability to use it.
3.1.4. The Contractor shall have the right at any time, at its discretion, to conduct selective checks of Advertisements for compliance by the User with these Terms of Service, including in automatic mode using software tools. In the event of violations, including in the event of complaints from third parties about such violations, the Contractor shall have the right to determine the quality of the Advertisements, their compliance with the requirements of these Terms of Service and the legislation of the Cameroon, suspend or terminate the User's access to certain services of the Website, including rejecting or blocking the Advertisement and/or the User's access to their personal account without notifying the User thereof. At the discretion of the Contractor, the blocking of Advertisements and/or the User's registration data on the Website may be temporary or permanent, depending on the scope and number of violations of this User Agreement and other rules for using the Website established by the Contractor committed by the User. If the User remedies the violations committed, the Contractor has the right to restore the previously blocked Advertisement or the User's access to their personal account.
3.1.5. The Contractor has the right to unilaterally amend these Terms and Conditions and other documents governing the rules for using the Website and providing the Website's services. The new version of these documents shall come into force from the moment it is posted on the Website, unless otherwise provided by the new version of the relevant document.
3.2 Responsibilities
Under this User Agreement, the Contractor undertakes to:
3.2.1 Provide the User with the opportunity to post Ads on the Website, search for Ads of other users in the Website database, in accordance with the rules and restrictions established by the Contractor at the time.
3.2.2 To provide the User with the ability to manage access to their Advertisement and set other settings available to Users at a given time through their personal account.
3.2.3 Provide the User with the ability to delete the Ad and/or their registration data at any time at their discretion.
3.2.4 Provide the User with the ability to completely delete all information posted by them on the Site through their personal account on the Site at any time at their discretion.
4. User obligations upon registration
Under this User Agreement, the User agrees to:
4.1 Be familiar with and comply with the Rules for Publishing Advertisements, which are an integral part of these Terms of Service.
4.2 Refrain from posting information in any way via the Website that violates Russian or international law.
4.3 Refrain from posting knowingly false information.
4.4 Do not post and/or transmit, using the Site, materials and/or Goods, if the User does not have the appropriate rights to do so. This applies to materials protected by copyright, trademarks, patents, as well as non-disclosure agreements, confidentiality agreements, goods that require appropriate permits for sale, in the absence of such permits, and the like.
4.5 Not to violate the information security of the Site.
4.6 Not to embed executable code on the User's side, any embedded objects, use frames and iframes, cascading style sheets, or HTML code.
4.7 Do not represent yourself under a false name or on behalf of another person (private individual or organization). Do not mislead other users and the Site administration regarding your identity in any way.
4.8 Do not destroy and/or modify any materials on the Site that you did not author.
4.9 Do not use information about phone numbers, postal addresses, or email addresses for purposes other than the subject matter of the Site (searching, viewing, and posting Ads).
4.10 Do not register using someone else's email address or an address that the User does not have the right to use.
4.11 Do not disclose your password for accessing your personal account to third parties. The User is fully responsible for any damage caused to them by third parties as a result of the User intentionally or unintentionally disclosing their personal account password to another person. The User is responsible for maintaining the confidentiality of their password and any use of the Website through their password.
4.12 Регистрируясь на Сайте, Пользователь соглашается получать на указанный им электронный почтовый адрес сообщения информационного и рекламного характера от Исполнителя и его партнеров, отказаться от которых можно нажатием кнопки "отписаться".
4.13. When visiting the Website, the User's cookie files are saved for the purpose of analyzing the User's behavior on the Website, determining the User's interests, and optimizing advertising campaigns. A cookie is a text file sent by a web server and stored on the User's computer, used to authenticate the User, track the status of their session, and store statistics on the use of websites on the Internet. By visiting the Website, the User agrees to the storage of cookies and their transfer to third parties for the purpose of analyzing the User's behavior on the Website and receiving targeted advertising messages. The User agrees to receive targeted advertising in accordance with the processed data obtained from the analysis of their cookies. The User may refuse to store cookies by changing the settings in the privacy/confidentiality/personal data parameters (depending on the browser terminology) of the web browser they use.
5. Rules for posting Ads on the Website
5.1 The responsibility for the accuracy of the information contained in the Advertisements lies with their submitters (users who posted the Advertisements). The Contractor is not obliged to carry out a preliminary check of the Advertisements posted and/or distributed by the User through the Website. The User understands and agrees that they must independently assess all risks associated with the posting, distribution, and search for Advertisements, including assessing the reliability, completeness, or usefulness thereof.
5.2 The Contractor reserves the right, at its sole discretion, to refuse to allow the User to post and/or distribute Advertisements, as well as to remove Advertisements from the Website without prior notice to the User and without explanation.
5.3 The Contractor has the right to change the requirements for the content and conditions for posting Advertisements.
5.4 The Contractor reserves the right to edit Advertisements in order to make them more reader-friendly.
5.5 The Contractor reserves the right not to correspond with the authors of Advertisements.
5.6. By posting an Advertisement containing an image (including a photograph) on the website, the User grants the Contractor the right to use the specified image (open license to use the work of art) in the following ways:
provided for in Article 1270 of the Civil Code of the Republic of Cameroon;
placement and distribution on the Internet and/or via email among third-party Internet users. The place, time, audience, and websites among which/on which the distribution/placement of the specified images will be carried out shall be determined by the Contractor independently at its discretion. However, the Contractor does not guarantee such placement and distribution, as well as the response of third-party Internet users to the User's Advertisement;
placement of the image as advertising material of the Contractor on the Internet.
The above right of use is transferred to the Contractor by the User free of charge, without territorial restrictions, from the moment the User places an Advertisement containing the relevant image on the Website, for the entire duration of the exclusive right to the image, with the possibility of transferring this right to third parties. The User authorizes the use of images without indicating the author's name and also guarantees that the specified images do not violate the rights of third parties
5.7 The following advertisements are not permitted on the Website:
5.7.1 Those whose content violates the laws of the Russian Federation (contains propaganda of violence, racial hatred, pornography, etc.).
5.7.2 Whose content violates generally accepted standards of morality and ethics.
5.7.3 Whose information contradicts the Site Policy and the Rules for Placing Advertisements on the Site.
5.7.4. Containing an offer for a Product that requires special permits for sale, in the absence of such permits.
5.7.5. Containing an offer for a Product whose circulation is restricted or prohibited by current Russian legislation and/or international agreements.
6. Access to Users' Personal Information
6.1 All information contained in the Advertisements posted by the User on the Website is publicly available, with the exception of the password for accessing the personal account and the information contained in this section. By posting Ads on the Website, the User understands that the posted information is published by them on the Website in open access, i.e., it is available for viewing by any visitor to the Website (an unlimited number of persons) located anywhere, from a device with Internet access. Accordingly, the User understands and accepts all risks associated with such posting of information, including, but not limited to: the risk of the email address being added to lists for sending spam messages, the risk of the email address falling into the hands of various types of fraudsters, the risk of the phone number falling into the hands of SMS spammers and/or SMS fraudsters, and other risks arising from such posting of information.
6.2 The User may only access and modify the information contained in the Advertisement using the unique login and password chosen by the User when registering on the Website. The User is responsible for keeping their password safe.
6.3 If the access password is lost, the User can receive a password reminder to the email address specified during registration and log into their personal account.
6.4 The Contractor shall make every effort to prevent unauthorized use of the personal information of Website users. However, the Contractor shall not be liable for any misuse of the User's personal information resulting from:
technical problems with software, servers, or computer networks that are beyond the Contractor's control;
interruptions in the operation of the Website related to the intentional or unintentional misuse of the Website by third parties;
the transfer of passwords or information from the Website (including unintentional) by Users to other persons who do not have access to this information under the terms of registration and agreements concluded with the Contractor
6.5. The User independently and voluntarily decides to provide the Contractor with or publish in the public domain personal and other information about themselves (surname, first name, patronymic or pseudonym of the User, email address, mobile phone number, as well as any other information provided by the User when using the Site) for the purposes of executing this User Agreement.
6.6. By registering on the Website, the User agrees to the collection, processing, storage, and use of the personal data they have entered (full name, telephone number, e-mail, etc.) in accordance with Federal Law No. 152 of July 27, 2006 (“On Personal Data”). The User also agrees to the transfer of this data to a third party if the third party is a partner of https://avitok.com and provides information systems for the provision of additional services to users. In this case, the transfer of data to a third party must be carried out using automation tools that ensure adequate protection of the rights of the subjects of this data, and the information system on the third party's side must have the appropriate certificate. Cross-border data transfer is only possible if the foreign country where the information system servers are located provides adequate protection of the rights of personal data subjects. The user can deactivate their account at any time by contacting customer support at avitok40@gmail.com.
6.7 The User's access to change the personal information contained in the profile (Surname, First name, Patronymic, etc.) is performed only on the basis of the unique login and password entered by the User during registration.
7. Use of Website Materials
7.1 Each user of the Website is responsible for the information posted on their behalf and for the consequences of such posting.
7.2 The Website is only a means of transmitting information, and the Contractor shall in no way be liable for its accuracy and relevance.
7.3 The Contractor makes every effort to exclude negligent, inaccurate, or knowingly incomplete information from the Website; however, ultimately, responsibility for such information lies with the persons who posted it.
7.4 When reprinting or otherwise using materials from the Website, a link to the Website is required.
7.5 If the User saves an advertisement or part of the information contained in the Advertisement in their own database outside the Website, the User shall be responsible for this under the Law “On Personal Data” as a personal data operator.
7.6 The use of software tools (scripts, robots) to read information from the Website is not permitted.
7.7 The logo, name, design elements, layout, and overall appearance of the Website are the property of the Contractor and their use is prohibited.
8. Guarantees and liability
8.1. Since the User independently, at their own discretion and without control by the Contractor, places Advertisements on the Website that may be of an advertising nature, the User is considered an advertiser and advertising distributor in relation to all Advertisements placed by them on the Website, with all the consequences provided for by the Cameroon Law “On Advertising” and the Code of Administrative Offenses of the Republic of Cameroon.
8.2. By placing an Advertisement on the Website, the User guarantees that they have the right to sell the Goods specified in the advertisement, including that the Goods have undergone mandatory certification (if required by law for this type of goods). The User is solely responsible for any violation of the guarantees specified in this clause. The Contractor has the right to request from the User supporting documents for the Goods (including a declaration/certificate of conformity) specified in the relevant Advertisement. If the User fails to provide supporting documents for the goods, the Contractor has the right to remove the relevant advertisement from the Website without any penalties being applied to the Contractor
8.3. The User is responsible for ensuring that the content of the Advertisement posted by them complies with current Russian legislation, including, but not limited to, the laws “On Employment of the Population in the Cameroon,” “On Advertising,” and “On the Protection of Children from Information Harmful to Their Health and Development.” In the event of claims against the Contractor by third parties (including, but not limited to, government agencies) regarding the Advertisements posted by the User and/or the Goods specified in the relevant Advertisement, the User undertakes to settle such claims independently and at their own expense, and in the event that the Contractor incurs losses in connection with the above claims, to compensate the Contractor in full.
8.4. Since it is difficult to identify users of Internet sites for technical reasons, the Contractor is not responsible for ensuring that registered users are who they claim to be and is not liable for any damage caused to the User or other persons for this reason.
8.5. By using the information on the Website, the User understands and accepts the risks associated with the possible inaccuracy of the information posted on the Website, as well as the fact that some information may seem threatening, offensive, knowingly false, rude, or indecent to them, and independently decides whether to use the Website.
8.6. The Contractor does not guarantee that the Advertisements published by the User will be viewed by a certain number of Site users or even by one user.
8.7. The Contractor does not guarantee that the software, servers, and computer networks used by the Site are free from errors and computer viruses. If the use of the Site results in data loss or damage to equipment, the Contractor shall not be liable for this.
8.8. The Contractor reserves the right, at its sole discretion, to terminate the access of any User who violates this User Agreement and/or the terms and conditions of other rules for using the Website or placing Advertisements, either in whole or in part, including terminating or temporarily suspending the User's access to their personal account.
8.9. All disputes arising under this User Agreement shall be settled in court at the location of the Contractor in accordance with the laws of the Russian Federation. This agreement shall not be construed as establishing an agency relationship, partnership, joint venture, personal employment relationship, or any other relationship not expressly provided for in this agreement between the Contractor and the User.