PUBLIC OFFER AGREEMENT
Users of baron-invest.com services
1. GENERAL PROVISIONS
2. AD PLACEMENT
3. TERMS OF PROCESSING USERS' PERSONAL DATA AND CONSENT TO PROCESSING
4. INFORMATION PROVIDED BY THE USER
5. REASONS FOR AD DELETION
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
7. SERVICE PAYMENT
8. LIMITATION OF LIABILITY
9. AGREEMENT DURATION AND TERMINATION OF WEBSITE SERVICES
10. AMENDMENTS TO THE AGREEMENT
11. OTHER TERMS
1. GENERAL PROVISIONS
1.1. LLC "BARON INVEST," EDRPOU code 42958613, hereinafter referred to as the Contractor and/or the Company, publishes this Public Contract (Agreement and/or Offer) for the provision of services on the website of the Contractor https://baron-invest.com and the baron-invest.com applications for mobile devices based on the operating systems iOS, Android, Windows mobile/Windows Phone.
1.2. In accordance with Article 633 of the Civil Code of Ukraine (CC Ukraine), this Agreement is a public contract, and in case of acceptance (acceptance) of the conditions set forth below, any capable natural or legal person (hereinafter referred to as the User) undertakes to fulfill the terms of this Agreement.
1.3. In this offer, unless the context requires otherwise, the terms below are used in the following meanings:
Offer - the public proposal of the Contractor addressed to any capable natural and/or legal person to conclude with it a Public Contract for the provision of services on the terms contained in this Agreement, taking into account all appendices;
Acceptance - the full acceptance of the terms of the Agreement by the User;
Contractor - Limited Liability Company "BARON INVEST," legal address: 33023 Ukraine, Rivne, Solomiya Krushelnytska Street, 77a, EDRPOU code 42958613.
Website(s) - the website https://baron-invest.com, baron-invest.com applications for mobile devices based on the operating systems iOS, Android, Windows mobile/Windows Phone, administered by the Company, serving as a communication platform for placing temporary classified ads (hereinafter referred to as the Site and/or Sites);
User - any capable natural or legal person who has accepted the terms of this Agreement and uses the services of the Company. In the case of a legal entity, the use of the Site is carried out by an authorized employee/representative of such a legal entity;
Business User - a User who uses the Site for business purposes and meets at least one of the criteria specified in this Agreement. A User may be considered a Business User by the Company, regardless of whether such User is registered as a business entity in accordance with the established legislation or conducts such activities without the required registration;
Goods - any material and non-material object;
Service - any operation that is not the supply of goods, related to the provision of a service consumed in the process of performing a certain action or carrying out a certain activity, to satisfy the personal needs of the customer;
Services baron-invest.com - any paid and free services provided by the Contractor through the Sites (including, but not limited to, all its features, text, data, information, software, graphics or photos, images, etc.), and any other services provided by the Company through the services of the Sites.
Account - User's electronic account in the functional system of the Sites, created by the User and owned by the Contractor, through which the User can manage their ads on the Sites. Only one User can use an account; the transfer of access data to the account to another user (another person) is not allowed;
Registration - the User's acceptance of the offer to conclude this Agreement and the procedure in which the User, by filling out the relevant forms on the Site, provides the necessary information for using the services of the Site. Registration is considered complete only in case of successful completion of all its stages in accordance with the instructions published on the Site.
Personal data - information or a set of information about an individual, by means of which he/she is identified or can be specifically identified.
SMS Verification - User verification performed by entering a special verification code sent by the Company in an SMS message to the number specified by the User on the verification page.
Placement - the User's action of publishing or activating one advertisement. Placement also includes the modification of an existing advertisement if such modification involves a change and/or addition of a product, a change in the essential characteristics of the product, a change in the region.
1.4. If the User does not agree with this Agreement in whole or in part, the Contractor asks him/her to leave this site and/or delete the application from the device. These conditions regulate the use of the Sites and services of baron-invest.com by the User. The use of baron-invest.com services means that the User is familiar with this Agreement, understands, and accepts its terms. The rights and obligations of the Parties, rules of using the Sites may also be contained in the articles of the User Support Center, materials posted on the Site (or links to which are posted on the Site). Such articles, materials are an integral part of the Agreement.
1.5. By starting to use any service of baron-invest.com, installing the application, or completing the registration procedure, the User confirms his/her legal capacity and acceptance of the terms of the Agreement in full, without any reservations or exceptions. In case of disagreement of the User with any of the provisions of this Agreement, the User has no right to use the services of baron-invest.com.
1.6. By this, the Company offers Internet users to use its services on the terms set forth in this Agreement.
1.7. The Company offers the User services for using the Sites to place information about goods (services) with the purpose, including but not limited to, further purchase or sale of various goods and services by other Users.
1.8. All agreements are concluded directly between Users. Thus, the Company is not a party to the agreements of Users but only provides a communication trading platform for placing ads.
1.9 Free ads are advertisements that are placed for free on the website https://baron-invest.com for an indefinite period of time. Payment for these advertisements is only made once for placement according to the approved tariff.
2. AD PLACEMENT
2.1. The user has the right to place advertisements on the websites after passing SMS verification. In case the user deletes their account, the phone number used for SMS verification can be reused by the user no earlier than 30 days from the date of account deletion. In the event of an account being blocked by the company, if there is no account, the phone number used for SMS verification can be reused no earlier than 1 year from the date of blocking the respective account.
2.2. The user also has the right to register on the websites to receive additional services by filling out a form with a valid email address, accessible only to the user, a mobile phone number, and other necessary registration information. Subsequently, the user receives a registration confirmation email containing a link that must be followed to complete the registration or an SMS message with the login password for the account.
2.3. The user has the right to create an account and log in to the site using Facebook account details through Facebook Connect. A user not registered on the site, when registering through Facebook, must enter their Facebook account details (login and password) as prompted by the system, after which they can use the site's services. By registering on the site through Facebook Connect, the user provides the company with additional personal data.
2.4. The use of the features and services of the sites, both by registered and unregistered users, implies an acceptance of the rules and instructions for using the services of baron-invest.com, including this Agreement.
2.5. The user is responsible for all actions using their email address, mobile phone number, and login password on the sites. The user has the right to use the site services only with their own email address, mobile phone, and password. In the case of transferring access data to another user (another person), such account may be blocked at the discretion of the Administration.
2.6. The user undertakes to maintain the confidentiality of the password and not disclose/transmit it to third parties.
2.7. The user is obligated to immediately change login data on the sites if there is reason to suspect that their email address, phone, and password used to access the sites have been disclosed or may be used by third parties.
2.8. A user who posts advertisements for the sale of goods or services on the site undertakes to provide information about them in accordance with this Agreement and instructions presented on the site and provide accurate and complete information about the goods or services and the terms of their sale. By providing information about a product or service, the user confirms that they have the right to sell this product or provide this service in accordance with the laws of the countries where they are implemented.
2.9. The user guarantees that the goods/services offered by them comply with the quality standards established by the legislation of the countries in which they are implemented and are free from claims of third parties.
2.10. The user guarantees that the services offered by them, if their provision requires special permission, will be provided in accordance with the requirements of the legislation of the countries whose special authorities are authorized to supervise such user activity.
2.11. The user is obliged to carefully check all information about the goods and services they place on the sites, and in case of incorrect information, add the necessary details to the description of the product or service. If correcting the incorrect information is not possible, the user should cancel the advertisement and repost information about the product or service.
2.12. Delivery terms must be included in the description of the product, and terms of service provision in the description of the service. The terms of sale of goods and provision of services, drafted by the user, should not contradict this Agreement and the applicable laws of the countries in which they are implemented.
2.13. The user agrees not to provide active support and not to disseminate information about services provided by the Executor's competitors, including, but not limited to:
Information about other bulletin boards, trading platforms, online auctions, and/or online stores;
Internet resources offering goods and services prohibited for sale on the sites.
2.14. The company has the right to move, terminate, or extend the display period of the user's product or service for technical reasons, whether under or beyond the company's control. The company has the right to terminate the display of an advertisement if the user registers a product or service in violation of the terms of this Agreement or current legislation.
2.15. The user is prohibited from:
2.15.1. Posting identical advertisements from one email address/mobile phone number;
2.15.2. Posting similar content advertisements where it is evident they refer to the same offer;
2.15.3. Duplicating identical advertisements from different email addresses/mobile phone numbers;
2.15.4. Posting advertisements in categories unrelated to the content of the advertisement;
2.15.5. Posting advertisements with titles containing repeated punctuation marks and/or non-letter symbols;
2.15.6. Posting advertisements where the description and/or title/photos are unrelated or unclear;
2.15.7. Posting advertisements with offers for multiple items or services simultaneously;
2.15.8. Inserting links in advertisements to resources containing harmful elements or links to the main page of the site;
2.15.9. Posting advertisements for products or services if such placement may lead to a violation of applicable laws;
2.15.10. Advertisements must correspond to the geographic area and city selected in the respective functional settings of the sites.
2.15.11. Only one advertisement regarding a specific item, property object, vacancy, or service is allowed.
2.15.12. Advertisements may undergo selective verification (moderation) by company representatives both before and after placement.
2.15.13. It is forbidden to post advertisements advertising the sale of:
Narcotic substances and precursors;
Pornographic materials or items;
Stolen or illegally obtained goods;
Items that pose a danger to life and health;
Non-existent goods;
Human organs and animal organs;
Special technical means for covert information gathering;
State awards;
Personal documents and blanks of these documents;
Databases;
Firearms, cold weapons, traumatic weapons, as well as ammunition and components for them;
Special means of active defense used by law enforcement agencies;
Walrus tusks, elephant tusks and mammoth tusks outside of manufacture;
Rare and prohibited for sale animals, including animals listed in the CITES international convention (on the trade of rare and endangered species of flora and fauna);
Any other goods and services prohibited by applicable law.
The company has the right to delete advertisements upon the request of the rights holder or competent state authorities. The company also reserves the right to delete any advertisements that, in its opinion, do not comply with the principles and norms of public morality. The decision to delete is final and not subject to appeal.
2.16. The administration and moderators of the site (company representatives) have the right to:
2.16.1. Make corrections to the user's advertisement text related to spelling and punctuation that do not affect the overall content of the advertisement.
2.16.2. Move advertisements to other sections of the site if a more suitable category is identified for their placement.
2.16.3. Refuse to publish advertisements that do not correspond to the themes of selected sections or violate this Agreement, and limit the number of advertisements from one user for the convenience of using the site without explaining the reasons.
2.16.4. The use of incorrect characteristics of the proposed item in the advertisement is not allowed. This includes the use of prices that do not correspond to the actual selling price of the product or service. The price should be fully specified for the entire product or service.
2.16.5. The advertisement title must correspond to the text of the advertisement itself and should not contain contact or personal information about the user (phone numbers, email addresses, website addresses, etc.).
2.16.6. Photos demonstrating the item/service offered for sale by the user must correspond to the title and text of the advertisement. Only the offered object should be depicted in the photo. Stock photos and/or photos downloaded from the Internet are prohibited for publication in private user advertisements.
2.16.7. To facilitate interaction between users, the company may restrict access to the contact information of other users. The right to use information provided by other users is limited by this Agreement.
2.16.8. The company is not responsible for the content of advertisements or hyperlinks to resources specified in user messages.
2.16.9. Advertisements may concern goods or services whose sale is not prohibited or restricted according to the laws of the country in which they are offered and does not contradict this Agreement.
2.16.10. Delete advertisements and user accounts for any reason based on the findings of the advertisement verification (moderation) commission.
2.17. For the counting of the number of placed advertisements per unit, 1 (one) Placement is considered.
3. PROCESSING TERMS OF USER PERSONAL DATA AND CONSENT TO PROCESSING
3.1. When placing advertisements on the Site, users grant the Company the right to process their personal data under the conditions specified in Appendix No. 1 (PRIVACY POLICY) to this Agreement.
4. INFORMATION PROVIDED BY THE USER
4.1. The Company reserves the right to communicate with the User by sending informational messages to the email and physical address provided during registration, as well as sending messages to the User's mobile phone.
4.2. Information is collected through the user's self-submission using the Site's software tools, specifying the necessary data for placing advertisements on it.
4.3. Technical information contained in the system, such as IP addresses, is used by the Company for the purpose of servicing network equipment and for aggregating general statistical and demographic information (e.g., the region from which the User connected).
4.4. The Company retains data on the user's last access to the system to ensure high-quality services tailored to the individual needs and interests of the User.
4.5. The User accesses the Site's services during continuous usage periods - sessions. Registered Users access parts of the Site that are available only after entering their login and password, at least once during the session.
4.6. Disabling the storage of data regarding the last access in the browser settings does not affect the ability to use the Site's services as a whole but may limit their functionality for the User.
4.7. Data on the user's last access to the system is also used to collect statistical information about the use of services by Users.
4.8. The User is prohibited from providing information in violation of the terms of this Agreement or the rights of third parties. Specifically, the information should not contain:
Vulgar or offensive expressions.
Propagation of hatred, violence, discrimination, racism, xenophobia, or interethnic conflicts.
Calls to violence and unlawful actions.
Data that violate personal (non-property) rights or the intellectual property rights of third parties.
Information that facilitates fraud, deception, or abuse of trust.
Information that leads to transactions with stolen or counterfeit items.
Information that violates or encroaches upon the property of third parties, trade secrets, or the right to privacy.
Personal or identifying information about others without their explicit consent.
Information containing details that infringe on the privacy, honor, dignity, or business reputation of others.
Information containing slander or threats against anyone.
Information of a pornographic nature.
Information that harms minors.
False and untrue information, misleading information.
Viruses or any other technologies that can harm the Site, the Company, or other users.
Information about services considered immoral, such as prostitution, or other forms that contradict moral or legal norms.
Links or information about sites competing with the Company's services.
Information considered "spam," "chain letters," "pyramid schemes," or unwanted or deceptive commercial advertising.
Information distributed by news agencies.
Information offering online earnings without providing a physical address and direct contacts of the employer.
Information offering franchises, multi-level and network marketing, agency activities, trade representation, or any other activity that requires recruiting (enlisting) other members, sub-agents, sub-distributors, etc.
Purely advertising information without offering a specific product or service.
Information that otherwise violates the laws of the country for which the advertisement is intended.
4.9. When submitting advertisements for services requiring licensing, the advertisement text must include the license number and the name of the authority that issued the license.
4.10. Ratings and Reviews System - Beta Version
The ratings and reviews system is currently in the testing phase - the beta version, indicating that not all features or solutions described below are functioning properly or available to all Users.
Within the Service (as defined in the User Agreement - Site/Sites), there is a ratings and reviews system that allows the User to provide a subjective evaluation of their transactional experience with another User. Transactional experience is understood, among other things, as providing a clear and reliable description of the Goods, the form and method of communication between Users, sensitivity, engagement, timing of dispatch or delivery of the purchased Goods, and accuracy. The basis for assessment is contact between Users in any form, not the conclusion of a transaction (agreement).
The rating is issued in the order, form, period, and categories specified on the Service. The rating will be presented on a scale from 1 to 10 (to one decimal place) based on the average level of all ratings provided by Users.
The descriptive review remains hidden and serves as an auxiliary tool to verify the actions of users on baron-invest.com.
If a User is assigned more than one rating by the same User, only the latest rating will be included in the calculated average rating for that User.
A review must not violate the provisions of applicable law and cannot contain:
Vulgar language, obscene or pornographic content, or content that incites hatred, racism, xenophobia, and interethnic conflicts.
Web addresses or links to other websites.
Advertising content, other commercial content.
User data or other individuals' information, including but not limited to: name and surname, place of residence, phone number, email address, bank account number.
Content that violates the rights of third parties, including intellectual property rights, personal rights, including the good name, reputation of other Users or third parties.
Content that is the result of an agreement with other Users or third parties regarding providing a rating or review.
Content that is false, defamatory, or indicative of unfair competition.
baron-invest.com reserves the right to exclude a provided rating from the User's average rating or remove the rating entirely or partially when the rating or review:
Concerns a User who is not the evaluating User.
Is left by the User about themselves.
Is left by employees, relatives, close ones, etc., of the User.
Is left as a result of contact with the User solely for the purpose of providing a rating and/or review (for example, for artificial inflation or deflation of trust in the User).
Was left from an account with an email address created solely for the purpose of registering the account.
Is revealed in a way that indicates automation of placement or placement using solutions that avoid network traffic analysis.
Otherwise violates the terms of the User Agreement on baron-invest.com.
At the time of leaving a review, the User grants baron-invest.com (the Company) an exclusive, territorially unlimited, and free license on the terms specified in section 6.3 of the User Agreement and other applicable provisions of the Agreement.
5. REASONS FOR AD REMOVAL
5.1. User advertisements may be removed by the Company due to User violation of the terms of this Agreement, and for the following reasons:
The User already has a similar active advertisement on the Website advertising the same product/service.
Information contained in the advertisement contradicts this Agreement and legislation.
Information contained in the advertisement is false.
The advertisement title lacks information about the offered/requested product/service.
The advertisement title contains repeated exclamation and question marks, dots, and other symbols.
The subject or comment on the photograph contains links to Internet resources.
The photograph does not have an obvious meaningful connection to the text of the advertisement or is not intended to adequately illustrate the advertisement text.
The photograph contains elements of a user interface, abstract drawings, etc.
The photograph is of poor quality, and the depicted object is indistinct.
The advertisement is placed in a category that does not correspond to the content of the advertisement.
The Company has received a complaint from the owner of intellectual property rights and/or a request from an authorized state authority.
The Company has received a substantiated complaint from another User regarding a violation of their rights in the advertisement.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. All objects accessible through the Company's services, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds, and other objects, as well as any content posted on the Site's services, are objects of exclusive rights of the Company, Users, and other right holders.
6.2. The use of content and any other elements of the services is possible only within the functionality offered by a particular service on the Site. No elements of the content of the Site's services, as well as any content posted on the Site's services, can be used in any other way without the prior permission of the right holder. The term "use" includes, but is not limited to, reproduction, copying, processing, distribution on any basis, etc.
6.3. To grant the Company the right to publish information provided by the User, the User provides the Company with an effective, worldwide, perpetual, irrevocable, non-exclusive, sublicensable right to use, publish, collect, demonstrate, copy, duplicate, reproduce, make publicly known the objects of copyright, publications, and databases owned by the User, as well as the information, images, and photographs provided by them, on all known or unknown information carriers. The aforementioned rights are granted to the Company free of charge. The User retains all property rights to the content of the information they post. In addition, the User grants the right of access to the information they post to all Site users. The User agrees that the text of advertisements, photographs, and other materials added to the advertisement may be used by the Company in the preparation of advertising materials, articles, reports, analyses, etc., and used by the Company at its discretion without additional consent from the User, without payment of remuneration.
6.4. By using the Site's services, the User confirms that they are personally responsible for the content of their posted advertisements and possesses all necessary rights, licenses, permits for posting information in the advertisements on the Sites, including, without limitation, all patents, trademarks, trade secrets, copyrights, or has the appropriate written consent, license, or permission from all identified individuals and companies to use their names, trademarks, or images, if required by applicable law.
6.5. The User agrees to:
Not engage in actions that may lead to disproportionately high loads on the infrastructure of the Sites;
Not use automated programs to access the Sites without the written permission of the Company;
Not copy, reproduce, modify, distribute, or present to the public any information contained on the Sites (except for information provided by the User) without the prior written permission of the Company;
Not interfere with or attempt to interfere with the operation and other activities on the Sites, as well as not obstruct the operation of automatic systems or processes, as well as other measures, to hinder or limit access to the Sites;
Not use information provided by other Users for purposes other than concluding a transaction directly with that User, without the written consent of the other User. This provision of the Agreement does not include the User's personal data provided to the Company during registration.
6.6. The User is prohibited from:
Discussing the actions of moderators and Site administration in any way other than through email correspondence with moderators;
Using User names similar to the names of other Users to impersonate them and send messages on their behalf;
Using in the text of advertisements and in photographs statuses that are not provided by the Company (for example, "best seller," "recommended by baron-invest.com," "verified by baron-invest.com," etc.);
Using in the text of advertisements and in photographs the trademark "baron-invest.com" in any of its manifestations, designations similar to the trademark "baron-invest.com," and any other derivatives.
6.7. Access to the personal data of the User by other Users is possible only with the written consent of the User to such access or to comply with the requirements of the relevant legislation.
6.8. The Company undertakes to make every effort to fulfill its obligations under this Agreement, including ensuring the normal operation of the Sites' services and not disclosing to third parties the personal data provided by the User, except in cases provided by law.
6.9. The Company may periodically impose restrictions on the use of the Sites' services, including the maximum number of days for storing advertisements and their size. The Company has the right to change or terminate the operation of the Sites' services or their parts at any time with or without notifying the User, without being responsible for such changes or termination.
6.10. In order to maintain the high quality of its services, the Company reserves the right to limit the number of active advertisements of the User on the Websites, as well as restrict the actions of the User on the Websites.
6.11. The Company may prohibit the User's access to the Websites if the User violates the terms of this Agreement. The violation is considered confirmed if the User has been notified by the Websites' administration of engaging in activities that violate the rules of the Websites or the rights of third parties. The Company reserves the right to delete or deactivate the User's account at any time, as well as remove all advertisements placed by the User, leaving a prior notice to the User about such deactivation at its discretion, and without assuming responsibility for its actions towards the User and third parties.
6.12. The Company has the right at its discretion not to accept, delete, or move any advertisement posted on the Websites for a violation of this Agreement.
6.13. The Company has the right to transfer the Websites with all its services and content, including the personal data of Users, to its successor, under contracts or on other grounds. The transfer and notification of Users about such transfer are carried out in accordance with the requirements of the current legislation of Ukraine.
6.14. The User has the right to file complaints about the operation, which will be considered within two working days from the moment of receipt or from the moment of receiving complete information on the essence of the complaint. The Company has the right, at its discretion, to terminate the consideration of the complaint and/or limit the number of responses to Users who have violated the terms of the Agreement. The operator providing support to Users over the phone or answering a User's phone call has the right to end the call in case of threats from the User towards the operator, Company, the use of offensive language, steering the conversation to personal topics, or the irrelevant nature of the conversation.
6.15. The Company reserves the right at any time to request confirmation of the data provided by the User during registration and may ask for supporting documents (including copies/certified copies of documents confirming identity). Failure to provide such documents, at the User's discretion, may be equated with providing false information. In case the User's data in the provided documents do not match the data indicated during registration, or if the data provided during registration does not allow identifying the User, the Company has the right to deny the User access to the use of the Websites' services with prior notice to the User or without notice.
6.16. SMS verification. The Company has the right at any time to verify the User using SMS verification. If the User fails verification, the Company has the right to limit the User's capabilities on the Website, namely placing, editing, extending, updating advertisements. The selection of Users subject to verification is made by the Company at its discretion. All Users who have been verified through SMS verification can use their mobile phone number to log into the account using the password specified during registration. Any mobile phone operator numbers can be used for SMS verification. The Company has the right at its discretion not to allow verification of Users using phone numbers of certain mobile operators (including virtual ones), CDMA operators.
6.17. Based on the analysis of the User's activity on the Website, the Company has the right to classify the User as a "Business User," regardless of whether the User assigned this category when publishing the advertisement. To classify the User as "Business," it is sufficient for the User to exhibit one of the following signs in their actions:
Use of professional photos (stock photos) when placing an advertisement;
Inclusion of a website/webpage link in the advertisement text;
Inclusion of information in the advertisement text about the possibility of choosing another model, the availability of the product in the assortment, different sizes of the product, the ability to order the product, or the provision of a warranty by the User;
Purchase of any advertising package by the User.
The Company classifies the User as a "Business User" for those categories/subcategories in which the User has taken actions specified by this Agreement. For all other categories/subcategories, the User does not acquire the status of a "Business User."
6.18. The Company has the right at any time to cease support (operation) of specific versions of the baron-invest.com application for mobile devices based on any operating system. To continue using the application, the User needs to update the application to the latest version or download the application in the current version.
6.19. The Company has the right to block the User's account without the possibility of its restoration if more than 6 (six) months have passed since its blocking or suspension. For the purposes of this point, the reason for blocking (suspension) may be both the User's violation of the terms of the User Agreement and suspicious activity in the account. We are forced to take such measures because after 6 months, we do not have the ability to verify the account data and ensure its secure use.
7. PAYMENT FOR SERVICES
7.1. Ordering (acceptance) of paid services is carried out by the User on the respective service order page or through the relevant sections of mobile applications, in the personal account, as well as in any other relevant sections of the Site.
7.2. The User undertakes to familiarize themselves with the prices for the Company's paid services. The cost of the selected service is available on the order page and depends on the order parameters.
7.3. Payment for the Company's paid services is made in accordance with the procedures specified on the website.
7.4. Refund of paid funds for non-provided services is carried out by the Company in the following cases:
Automatically by the functional system of the Sites for each deleted ad during moderation (except for outdated ads). Refund is made for the hours when the service was not provided. Astronomical hours are considered for calculating the refund amount, and the refund occurs for the hours when the service was not actually provided.
If, due to any technical malfunctions, the service was not provided, the refund of paid funds is carried out by the authorized Site administrator after the User provides evidence of payment. In this case, the refund is reflected in the User's account with the possibility of using the paid funds in the future.
In case of payment for services from deleted Company accounts that were duplicated by the User in violation of the terms of this Agreement. Such refund is made by the Company only upon the User's request, and the funds are returned to the active account of such user with the possibility of using the paid funds in the future.
Funds paid for placing ads for prohibited goods, services, proposals, are not refunded in case of account blocking.
7.5. In the case of systematic (two or more times) violations of the terms of this Agreement, the refund of funds paid by the User is made based on the decision of the Company's administration after the User's respective request. The administration has the right to refuse the refund to the User who systematically violates the terms of the Agreement.
7.6. The User agrees that the confirmation of services provided by "BARON INVEST" LLC is a statement from the personal account, which is generated by the Executor based on the data available on the User's account. The Executor provides a statement from the personal account only upon the Users' requests.
7.7. The Company provides Acts of acceptance and transfer of provided services to Business Users, who are subjects of entrepreneurial activity registered in accordance with the legislation of Ukraine, in electronic form using an electronic digital signature.
7.8. Such User undertakes to sign the Act in electronic form using an electronic digital signature within 5 (five) calendar days after receiving the Act and send the signed copy of the Act to the Company, or within the same period send a motivated refusal to sign the Act, indicating the reasons for refusing to sign. If the signed Act is not sent by the User within the specified period, or a motivated refusal to sign the Act is not sent to the Company, the paid services provided by the Company are considered accepted without comments regarding the quality and timing of provision.
7.9. Acts of acceptance and transfer of provided services are provided to Business Users, who are subjects of entrepreneurial activity, only in case of payment for services directly to the Company, without using the services of payment providers.
8. LIABILITY LIMITATIONS
8.1. By using the services of the Sites, the User confirms their agreement that they use the Sites and its services at their own risk, "as is," assess and assume all risks associated with the use of advertisements placed on the Sites. The Company, including its management, employees, and agents, is not responsible for the content of advertisements placed on the Sites, or for any damages and losses resulting from the use of advertisements on the Sites by the User and other data.
8.2. The Company is not the organizer/initiator of agreements between Users or a party to them. The Site is a trading communication platform that allows Users to place, sell, and buy goods and services permitted by law at any time, from anywhere, and at any price.
8.3. The Company cannot control the accuracy of information posted by users in advertisements. The Company is not responsible for any damages caused by the commission of a legal offense or improper behavior of any party to the agreement.
8.4. The Company is not responsible for the behavior of Users or for the goods/services they offer in advertisements. All disputes and conflicts between Users are resolved independently without involving the Company.
8.5. The Company is not responsible for any unauthorized access or use of its servers and/or any information about users stored on them, as well as for any errors, viruses, trojans, etc., that may be transmitted to the Sites or through the Sites by third parties.
8.6. The quality, safety, legality, and conformity of the goods or services to their description, as well as the User's ability to sell or purchase a product/service, are beyond the Company's control.
8.7. The Company urges Users to be cautious and use common sense when using the services of the Sites. The User should be aware that their counterparty may lack legal capacity or impersonate another person. The use of the Company's services implies that the User is aware of and accepts these risks, and agrees that the Company is not responsible for the actions or inaction of the User.
8.8. The User cannot assume that the offer, sale, and purchase of any goods or services are valid and legal based on the fact of placing, selling, and purchasing goods or services on the Sites. The Company is not responsible for the completion of the agreement by the User of the Sites. The User assumes full responsibility for their actions.
8.9. If the User has claims against another User arising from the use of the Site's services, the User agrees to assert these claims independently without the Company's intervention and releases the Company (along with its subsidiaries, affiliates, employees, directors, authorized representatives, and staff) from all claims, obligations, compensation for damages, expenses (costs), including legal fees, known or unknown, arising from or related to such claims.
8.10. The Company's inaction in case of a User's violation or other Users' violation of the Agreement does not deprive the Company of the right to take corresponding actions to protect its interests later and does not mean a waiver of the Company's rights in case of similar violations in the future.
8.11. The User has the right to inform the Company about the violation of their rights by another User. If the User's complaints are justified, the Company, at its discretion, removes the advertisement that violates the User's rights.
8.12. The Company is not responsible for the non-fulfillment or obstacles to the fulfillment of obligations to provide access to the Sites due to force majeure circumstances that cannot be avoided or overcome (such as government decisions, labor disputes, accidents, disruptions in the general communication system, etc.).
8.13. The Company is not responsible for malfunctions in the operation of the Sites caused by technical failures in the operation of equipment and software.
8.14. Under no circumstances is the Company, its management, employees, and agents liable for direct, indirect damages, and any punitive sanctions of any kind (even if the Company has been warned of the possibility of such damages) resulting from the use of the Sites and its services by the User, including, without limitation, cases where damages/losses are a result of the use or misuse of the Sites and its services.
8.15. Nothing in the Agreement should be construed as establishing agency, partnership, joint venture, employment, or any other relationships between the User and the Company not directly provided for in the Agreement.
8.16. The Company is responsible for advertising placed on the services of the Sites within the limits established by applicable law.
8.17. The Company is not responsible for the preservation of account information, the ability to use the services of the Site, the preservation and possibility of using funds on the User's personal account in case of blocking/prohibition of the use of third-party services through which the User registers and/or logs into the Site, which are beyond the Company's control.
9. TERMS OF AGREEMENT AND TERMINATION OF WEBSITE SERVICES
9.1. This Agreement becomes effective upon the User's initiation of any service on the Website, installation of the mobile application, or upon the User's registration on the Website and remains in force indefinitely.
9.2. The User has the right to unilaterally terminate their registration on the Website without prior notice to the Company and without providing reasons.
9.3. If the Company makes any changes to the Agreement in the manner specified in Section 10.1 of the Agreement, and the User disagrees with these changes, they are obligated to cease using the services of the Website. The continued use of the Website services confirms the User's agreement with the respective version of the Agreement.
9.4. Termination of the Agreement by the Company may occur in the following cases:
9.5. Violation of the provisions of this Agreement, causing any harm to the Company, including its reputation, or to users of baron-invest.com;
9.6. Other actions contradicting the Company's policies;
9.7. Legal relations may be reinstated only after the Company's administration makes the appropriate decision.
10. AMENDMENTS TO THE AGREEMENT
10.1. In order to improve the quality of services provided on the Websites, and to comply with legal requirements and respond to changes in market conditions, this Agreement may be unilaterally amended by the Company. The new version of the Agreement comes into effect upon its posting on the Internet at the address specified in this paragraph of the Agreement, unless otherwise provided by the new version of the Agreement.
11. OTHER TERMS
11.1. System notifications related to user announcements on the Websites will be sent to the email address provided by the User when posting an announcement on the Websites and/or in the form of SMS messages, Viber messages to the phone number specified by the User. If the User does not wish to receive such notifications, they have the right to delete the respective announcements from the Websites or send a corresponding message to the Website Support Service.
11.2. Informational notifications intended for a wide range of Users are published on the Websites and/or sent to the email addresses of Users who have confirmed their consent to receive such notifications during the announcement/registration process on the Websites.
11.3. Users have the right to opt out of receiving informational notifications to their email address and/or SMS messages, Viber messages to the phone number specified by the User at any time through the "Unsubscribe" function in the User's account. The "phone" icon in the User's account allows the User to manage the sending of SMS messages, Viber messages, and Push notifications to the phone.
11.4. In case of disputes or disagreements between the Parties under this Agreement or related to it, the Parties undertake to resolve them through negotiations. If any disputes, disagreements, or claims arising from this Agreement or related to it, including those regarding its performance, breach, termination, or invalidity, cannot be resolved through negotiations, these disputes are considered in accordance with the current legislation in a judicial manner.
11.5. This Agreement is governed and interpreted in accordance with the laws of Ukraine. Matters not regulated by this Agreement are subject to resolution in accordance with the current legislation of Ukraine. All possible disputes arising from relations governed by this Agreement are resolved in accordance with the laws of Ukraine and through the procedures established by Ukrainian law.
11.6. Throughout this Agreement, unless otherwise specified, the terms "current legislation," "applicable law" are understood to mean the legislation of Ukraine, as well as the legislation of the User's/ Users' location.
11.7. The court's recognition of any provision of the Agreement as invalid or unenforceable does not invalidate or render unenforceable the other provisions of this Agreement.
11.8. Baron Invest LLC is a Ukrainian company created for the development and popularization of the global business environment. Glory to Ukraine - Glory to the Heroes!
Director of Baron Invest LLC
Yuriy Mykhailovych Baranov