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Public offer agreement for the use of the website

This offer to conclude an agreement is addressed to all visitors of the website http://autoportal.ua (hereinafter – the Site) and is a public offer (offer) of the company "Autoportal" (hereinafter – the Administration and/or the Executor), to conclude a public offer agreement on the Use of the Site (hereinafter – the Agreement and/or the Offer) on the terms specified below.

Terms:

Site, Autoportal — a website available at http://autoportal.ua (including all its subdomains, sections, web pages), managed by the Administration.

Offer — an appeal published on the Site to visitors of the Site with a proposal for the Use of the Site on the terms contained in this Agreement, including all its annexes.

Acceptance — full acceptance by the User of the terms of the Offer.

Use of the Site — viewing any pages of the Site, posting advertisements, reviews, comments, ratings, photos, articles, blogs, personal data, Registration on the Site, login (authorization) to the Site, use of paid and free Site Services.

Administration, Executor — "Autoportal"

User — an individual who has reached 18 years of age, has full civil legal capacity and capacity, who Uses the Site.

Parties — in this Offer agreement, the User who has accepted the terms of this Offer and the Executor are meant.

Services — paid and free services (functional capabilities) available to the User on the Site and provided by the Executor (or its partners, legal successors) under the terms of this Offer, as well as taking into account the terms for the provision of these services published on the Site, which are an integral part of this public offer agreement.

Registration — successful completion by the User of the Site of a special procedure, as a result of which he transfers to the Executor his personal data (account name/login, email address and password) and with the help of which the Executor can identify (authorize) the User and provide the Services ordered by the User.

Account — unique User data, with the help of which the User gains access to his electronic cabinet in the functional system of the Site and can manage his advertisements, dispose of prepaid funds, as well as other own information on the Site.

1. General provisions

  • 1.1. This Offer is a public offer in the context of Art. 633 and 641 of the Civil Code of Ukraine and in case of acceptance (Acceptance) of the terms set out below, any User of the Site undertakes to comply with the terms of this Offer.
  • 1.2. According to this Offer, the Executor (independently and/or with the involvement of third parties) offers the User to Use the Site and provides all Services available on the Site on the terms set out in this Offer.
  • 1.3. This Offer is available to visitors upon the first visit to the Site and any further Use of the Site is a confirmation (acceptance) of the unconditional and absolute consent of the User to all terms of this Offer, as well as their acceptance for execution.
  • 1.4. In case of disagreement of the User with any condition(s) or clause of this Offer, the User has no right to Use the Site and must leave it.
  • 1.5. This Offer is published on the Site in the public domain, is an official document of the Executor and has the appropriate legal force.

2. Procedure for the provision of services

  • 2.1. The Executor at its own discretion independently and/or with the help of third parties manages (adds, changes, deletes) information and Services on the Site that are available to the User when visiting the Site.
  • 2.2. The User independently at his own risk orders the Services he needs, following the instructions on the Site, views and uses the information of interest to him.
  • 2.3. Some Services are provided by the Executor to the User only after the latter's Registration on the Site.
  • 2.4. Payment for ordered Services is made in the order of 100% prepayment and in the manner specified on the Site (on the corresponding web pages of the Services).
  • 2.5. After ordering a certain Service, the User has no right to refuse the ordered services, and in case of payment for services, the funds are not returned to the User.
  • 2.6. The User agrees that the Services are provided in the form in which they are implemented on the Site and the Executor does not guarantee error-free and uninterrupted operation of the Site (although it makes every effort for this), and is not responsible for possible consequences from the Use of the Site and Services by the User, including any losses, lost profits, claims of third parties, data loss, etc.

3. Rights and obligations of the Executor

  • 3.1. The Executor undertakes to make every effort to properly fulfill its obligations within the framework of this Offer, including the normal operation of the Site services and non-disclosure to third parties of personal data provided by the User, except for cases provided for by the legislation of Ukraine.
  • 3.2. The Executor may periodically establish and change restrictions on the use of the Site Services, for example, the maximum number of days for storing advertisements, etc.
  • 3.3. The Executor has the right at any time to change or terminate the operation of the Site Services or part thereof with or without notifying the User, without being responsible for such changes or terminations.
  • 3.4. In order to maintain the high quality of its services, the Executor reserves the right to carry out short-term technical work on the Site with the suspension of individual Services or the entire Site. The Executor undertakes to make efforts to minimize possible negative consequences of such suspension for Users.
  • 3.5. The Executor may, without any notice to the User, restrict the User's access to the Site if the User violates the terms of this Offer or the terms of use of the Services. The Executor reserves the right to delete or disable the User's account at any time, as well as delete all User information, without being responsible for its actions to the User and third parties.
  • 3.6. The Executor has the right at any time to demand from the User confirmation of the data specified by him during registration, and to request in this regard supporting documents (in particular, copies/certified copies of identity documents), failure to provide which may be equated to the provision of false information. If the User's data specified in the documents provided by him do not correspond to the data specified during registration, as well as in the case when the data specified during registration do not allow identifying the User, the Executor has the right to refuse the User access to the use of the Services without notifying the User.
  • 3.7. The Executor undertakes to keep records of the balance of the User's prepaid funds on his personal account (at https://sale.autoportal.ua/my-billing.html, which is available only after authorization) for three years from the date of the prepayment. A personal account is opened upon registration of the User on the Site and the User gains access to funds (viewing the balance, making payments) on it only after authorization (entering his correct login and password).
  • 3.8. The Executor has the right to delete any User information at the request of the copyright holder or competent state bodies, as well as at its own discretion, if it does not correspond to the principles and foundations of public morality, or contradicts the editorial policy, or is prohibited by the legislation of Ukraine. The decision to delete is final and not subject to appeal.
  • 3.9. The Executor has the right to transfer the Site with all its services and content, including the personal information of Users, to its legal successor on any legal grounds. The transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation of Ukraine.
  • 3.10. The Executor has the right, without prior notice to the User, to unilaterally make changes to this public offer agreement. Changes to the terms of the Offer come into force immediately after their publication on the Site at https://autoportal.ua/legal.
  • 3.11. The Executor has the right to change the cost, types of Services and their validity periods, add new Services, suspend and change current Services, while the prepaid Service will be provided at the tariff that existed on the date of payment.
  • 3.12. The Executor has the right to notify the User by means available to him (by email, phone, etc.) about changes on the Site and ongoing promotions.

4. Rights and obligations of the User

  • 4.1. The User has the right to register on the Site for the purpose of further Use of the Site and its Services, filling out a form indicating a valid email address, to which only the User himself has access, a chosen password, as well as other data necessary for registration on the Site. After that, the User receives an email to the specified address containing a link, the transition to which is necessary to complete registration and confirm the ownership of the email address to the User.
  • 4.2. The User undertakes to keep his credentials on the Site (login and password) secret and in case of compromise of credentials is obliged to immediately change the password, and if impossible, contact the Executor in an accessible way to coordinate further actions.
  • 4.3. The User is granted the right to use the functions and Services of the Site solely in accordance with their direct purpose.
  • 4.4. The User has the right to make a prepayment to their personal account. Funds from the User's personal account may be spent within 3 years from the date of their deposit to pay for any Services on the Site. In case the prepayment is not used after 3 years, the Contractor does not guarantee the possibility of the User's access to the corresponding amount of prepayment, and it may be debited from the User's account.
  • 4.5. The User is prohibited from posting materials and/or information of an advertising or commercial nature on the Site, except for sections of the Site specifically intended for this purpose.
  • 4.6. The User is prohibited from using the Site for illegal and prohibited activities. The User agrees to comply with the laws, including not to distribute spam, not to distribute malicious software, links to web resources that may harm anyone, and also not to commit other actions on the Site that do not comply with the norms of morality and legislation of Ukraine.
  • 4.7. The User is prohibited from fully or partially using the materials of the Site without a link to the Site.
  • 4.8. The User has the right to contact the Contractor with complaints and suggestions regarding the operation of the Site through the feedback form available at https://autoportal.ua/feedback.html, which will be considered within two working days from the moment of their receipt or from the moment of receiving complete information on the substance of the complaint.

5. Responsibility of the Contractor and the User

  • 5.1. The User understands and agrees that they bear responsibility provided by the current legislation of Ukraine for any information and/or materials they post on the Site.
  • 5.2. By posting information and/or materials on the Site, the User guarantees that they have all the necessary rights to post information and/or materials on the Site. If the User does not have the proper rights to post any information and/or materials on the Site, the User undertakes not to post such information and/or materials and bears responsibility independently for the content, posting, and use of such information and/or materials.
  • 5.3. The User is responsible for and independently takes measures to ensure the security of their account (including control over the email address). The User undertakes to immediately notify the Contractor of any cases of unauthorized use of their account by third parties.
  • 5.4. The User is responsible for all actions performed on the Site using the account and on behalf of the User (using their login, email address, and password to enter the Site), including actions with funds on the personal account and the correctness of the details of payments made. The User is allowed to use the Services of the Site only with their own login, email address, and password.
  • 5.5. The User independently bears the costs associated with making money transfers when paying for the Services of the Site.
  • 5.6. The Contractor is not responsible for the accuracy and correctness of the information provided by the User during Registration.
  • 5.7. The Contractor is not responsible for the content of information posted by Users (including advertisements, hyperlinks, reviews, comments, etc.).

6. Privacy Policy

  • 6.1. The Contractor ensures the security of User data from loss, disclosure, and unauthorized access by third parties using security system technologies, implementation of restricted access mode, and control of access to data by authorized employees.
  • 6.2. The personal data base of users "Users" is registered in accordance with the procedure established by law as a personal data base within the meaning used in the Law of Ukraine "On Personal Data Protection". The owner of the database is "Autoportal".
  • 6.3. By Using the Site, the User grants the Contractor the full right (permission) to process their personal data for the purpose of ensuring the implementation of economic activities and concluding agreements, according to the Civil Code of Ukraine, providing and/or transferring personal data to third parties in the manner and on the grounds determined by current legislation and internal documents of the Contractor without the need to notify the User of actions with personal data and knows about the location of the personal data base containing their personal data, its purpose and name, and the location of the Contractor.
  • 6.4. In case of a change in the specific purpose of processing personal data, the User does not object to the processing of their personal data if such a need is determined by current legislation and/or internal documents of the Contractor, and also states that they are familiar with the Law of Ukraine "On Personal Data Protection" dated June 1, 2010 No. 2297-VI with all amendments and additions thereto, in particular about their rights defined by this Law. In addition, the User confirms the fact of written notification about the inclusion of their personal data in the relevant personal data base, about the purpose of data collection, and the persons to whom their personal data is transferred.
  • 6.5. Personal data, except for anonymized personal data, by access mode is information with restricted access.
  • 6.6. The Contractor discloses personal and other data of Users solely for purposes related to the Use of the Site and the provision of Services. The User agrees to the disclosure of the data they entered to all users of the Site, taking into account the conditions and restrictions established by this Offer.
  • 6.7. In accordance with the requirements of current legislation of Ukraine, the Contractor may disclose User data to third parties for purposes related to their legal rights and powers, including state bodies and institutions, subject to the established procedure for providing such data.
  • 6.8. The use of personal data for historical, statistical, or scientific purposes, as well as in aggregated form, is carried out exclusively in anonymized form. The use of the User's personal data in anonymized form does not require their additional consent.

7. Force Majeure Circumstances

  • 7.1. The Parties are released from liability for non-fulfillment (improper fulfillment) of their obligations under this Offer in cases where force majeure circumstances occur, such as: fire, flood, earthquake, or other natural disaster, war, military actions of any kind, terrorist acts, declaration of default by the government of Ukraine, and which occurred not due to the fault of the relevant Party, as well as other circumstances that could not have been foreseen or prevented by the Parties, including the adoption of a law and/or other regulatory act, or a non-normative act adopted by a state authority or local self-government body, which prohibits or restricts any action of the Party provided for by the Offer.
  • 7.2. The occurrence of force majeure circumstances extends the deadlines for fulfilling obligations under the Offer for a period equal to the duration of the force majeure circumstances. The Party is obliged within 10 calendar days from the moment of the occurrence of such circumstances to notify the other Party of the force majeure circumstances. Proper confirmation of the existence of force majeure circumstances is a certificate from an authorized state body of Ukraine.

8. Dispute Resolution

  • 8.1. In case of disputes arising in connection with this Offer, the Parties resolve them through negotiations.
  • 8.2. If the relevant dispute cannot be resolved through negotiations, the dispute is subject to resolution in the Independent Arbitration Court under the All-Ukrainian public organization "League of Legal Protection of Consumer Interests" (registered by the Ministry of Justice of Ukraine on 14.09.2004, certificate No. 001-t.s.) in accordance with its Regulations, at the location of this arbitration court: Kyiv, Klovsky Descent, 9/2, office 70. The decisions of the Arbitration Court will be final and binding for the Parties and will be executed by them within the time limits specified in the decision of the Arbitration Court. By signing this Offer, the Parties confirm that they are familiar with the content of the Regulations of the permanently operating Independent Arbitration Court under the All-Ukrainian public organization "League of Legal Protection of Consumer Interests" and the Regulations on arbitration fees and costs of the permanently operating Independent Arbitration Court under the All-Ukrainian public organization "League of Legal Protection of Consumer Interests" and agree to their terms.

9. Term of the Offer

  • 9.1. The Offer comes into force from the moment of its placement on the Site and is valid until the full fulfillment by the Parties of their contractual obligations assumed by each Party in the manner determined by this Offer.
  • 9.2. In case of early termination and/or termination of the Offer agreement for any reasons and grounds, the funds received as prepayment are not returned to the User.
  • 9.3. If one or more provisions of this Offer are recognized as invalid in accordance with the procedure established by law, this will not mean recognition of the invalidity of the remaining provisions of the Offer.

10. Details

Contractor:
"Autoportal"