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User Agreement

This User Agreement (hereinafter, the “Agreement”) is an offer of Global Rus Trade LLC (hereinafter, the “Right Holder”) to sign, with Internet users who have accessed the website at the following address: https://globalrustrade.com/ (hereinafter, the “User”, “you”), the agreement on the terms set forth below.

 

1. General Provisions

1.1. The following terms and definitions shall be used in this document and in the relations between the Parties arising from or related to it:

a) Service: a set of functionalities of the Website and the Content posted in it, the access to which is provided to Users.

b) Website: an automated information system for cross-border electronic commerce available on the Internet at (including subdomains): https://globalrustrade.com/.

c) Parties: the User and the Right Holder in case of joint mention.

d) User: a person who has signed this Agreement with the Right Holder in his/her interests or in the interests of a third party in accordance with the requirements of the current legislation of the Russian Federation and this Agreement.

e) Content: any information materials: texts, graphics, audio-visual and other materials, including information about goods and services, advertising materials, text messages and notifications, which can be accessed using the Service.

f) Status: a set of functionalities of the Service, the choice of which is carried out by the User at his/her sole discretion from among those proposed by the Right Holder.

g) Company: a User who has passed the registration procedure on the Website as a legal entity or individual entrepreneur.

h) Seller: a User who has passed the registration procedure on the Website in the status of “Company” and uses, used or intends to use the functionalities of the Website and/or the Service provided on its basis to search for Buyers in order to enter in a Transaction with them.

i) Buyer: a User who has passed the registration procedure on the Website and uses, used or intends to use the functionalities of the Website and/or the Service provided on its basis to select and purchase goods and/or services. The Buyer can be a User registered with the status “Company”.

j) Transaction: a contract signed between the Buyer and the Seller, the subject of which is the sale of goods and/or services by the Seller to the Buyer.

k) “Secure Transaction” Service: a service provided by a third party for settlements under a Transaction using the information generated in the Service and/or provided by a Logistics Company concerning the entering into the Transaction and its performance.

l) Logistics Company: a legal entity (individual entrepreneur) providing services for delivery of goods to the Buyer.

m) Account: personal section of the Website, to which the User gets access after registration and authorization on the Website. An account is designed to use the functionalities of the Website and/or the Service provided on its basis, as well as to store personal data of the User and receive notifications according to the procedure of notification.

 

1.2. The present Agreement may contain other terms and definitions that are not specified in p. 1.1. of the Agreement. In this case, the interpretation of such term shall be made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term or definition in the text of the Agreement, its interpretation should be guided by the following: firstly, the mandatory documents specified in it; secondly, the legislation of the Russian Federation; and subsequently, the customs of business practice and scientific doctrine.

1.3. Your use of the Website and/or the Service provided on its basis in any way and in any form within its declared functionalities, including:

·      viewing the Content using the Service;

·      registration and/or authorization on the Website;

·      creating a company account on the Website;

·      uploading, posting or distributing the Content using the Service;

·      sending a request via the feedback form;

·      ordering information services of the Right Holder;

·      other use of the Website and/or the Service provided on its basis,

shall create a contract under the terms of this Agreement and the documents specified in it obligatory for the Parties according to provisions of Articles 437 and 438 of the Civil Code of the Russian Federation.

1.4. By using any of the above possibilities of the use of the Service, you confirm that you:

a) have read the terms of this Agreement and the Mandatory Documents specified therein in full before using the Service.

b) accept all the terms of this Agreement and the Mandatory Documents specified therein in full without any exceptions and restrictions on your part and agree to comply with them or stop using the Service. If you do not agree with the terms of this Agreement and the Mandatory Documents specified therein or do not have the right to enter into a contract on their basis, you should immediately stop any use of the Service.

c) the Agreement (including any of its parts) and/or the Mandatory Documents specified therein may be changed by the Right Holder without any special notice. The new version of the Agreement and/or the Mandatory documents specified therein shall enter into force upon posting on the website of the Right Holder or bringing to the attention of the User in another convenient form, unless otherwise provided by the new version of the Agreement and/or the documents specified therein and mandatory for the Parties.

 

2. General terms of use of the Service

2.1. A prerequisite for the signing of this Agreement is the full and unconditional acceptance and compliance by the User, in the following cases, of the requirements and provisions defined by the following documents (“Mandatory Documents”):

а) Privacy Policy posted and/or available on the Internet at https://globalrustrade.com/info/privacy-policy/, which contains the rules for the provision and use of personal data, including personal data of the User.

b) Rules of providing information services that are posted and/or available on the Internet at https://globalrustrade.com/info/rules-of-providing-information-services/ and are binding on the Parties in the case of the User’s execution of the purchase order to access additional functionalities of the Website and/or the Service provided on its basis.

c) Rules of sale of goods and services posted and/or available on the Internet at https://globalrustrade.com/info/rules-of-selling-goods-and-services/, which established the mandatory terms of use of the Service for the purposes of sale of goods and services to Buyers.

2.2. Using the functionalities of the Website and/or the Service provided on its basis in a limited part of viewing information about the functionalities of the Website, as well as other Content in the public sections of the Website, is possible without the User’s prior registration and/or authorization on the Website.

In the rest, the use of the functionalities of the Website and/or the Service provided on its basis is allowed after the User’s registration and/or authorization on the Website in accordance with the rules established by the Right Holder.

2.3. The list of the Website functionalities, the use of which requires the User to perform certain actions (creating a company account, filling out a profile, confirming the information provided, entering into a non-gratuitous contract with the Right Holder), shall be determined at the sole discretion of the Right Holder and may be changed from time to time.

2.4. For registration, the User undertakes to provide accurate and complete information about himself/herself on the issues proposed in the registration form, and to keep this information up to date. In case of change of the provided information, the User is obliged to edit the changed information or notify the Right Holder of the changes. If the User provides incorrect information or the Right Holder has reason to believe that the information provided by the User is incomplete or unreliable, the Right Holder has the right to block, at its discretion, or delete the User’s account, as well as to refuse the User to use the Service in full or in a certain part.

2.5. The Right Holder reserves the right to require the user, at any time, to confirm the data specified at registration and to request in this regard the supporting documents (in particular the documents proving the identity), and the failure to provide them can be, at the discretion of the Right Holder, equated as providing false information and can entail the consequences provided by p. 2.4. of the Agreement.

2.6. If the User’s data specified in the documents provided by him/her do not correspond to the data specified during registration, as well as in the case when the data specified during registration do not allow to identify the User, the Right Holder has the right to apply the measures specified in p. 2.4. of the Agreement.

2.7. Technical, organizational and commercial terms of use of the Service may be communicated to Users by separate posting on the Website or by notifying Users.

2.8. The Right Holder has the right to set limits and impose other technical restrictions on the use of the Service, which from time to time will be brought to the attention of Users in the form and manner chosen by the Right Holder.

 

3. Warranties of the User

By accepting this Agreement, you represent and warrant that:

3.1. You have all necessary rights and authority to enter into this Agreement and perform it;

3.2. The use of the Service will be carried out by you solely for the purposes permitted by this Agreement, in compliance with its provisions, as well as the requirements of applicable law and generally accepted practice;

3.3. You will not perform any actions that conflict with the terms of the Service or interfere with the provision of the Service or the operation of the relevant equipment, networks, software, through which the Service is provided, including, but not limited to: try to gain unauthorized access to the closed sections of the Website, including Accounts of other Users, test the Website for vulnerabilities, perform actions that cause excessive load on the infrastructure of the Website;

3.4. Your use of the Service for specific purposes does not violate the property and/or moral rights of third parties, as well as prohibitions and restrictions established by applicable law, as well as the rights of the state of your location, including, without limitation, copyright and related rights, rights to trademarks, service marks and appellations of origin, rights to industrial designs, rights to use images of humans;

3.5. The Content and other data provided by you do not contain information and/or images that offend the honor, dignity and business reputation of third parties, and do not contain information that promotes violence, pornography, drugs, racial or ethnic hatred; and you have obtained all necessary permissions from authorized persons in connection with the use of such Content;

3.6. Users who have received access to personal data of other Users using the Service, guarantee its processing in accordance with the current legislation of the Russian Federation and the Privacy Policy.

 

4. License to use the Content

4.1. By accepting the terms of this Agreement, you grant the Right Holder a simple (non-exclusive) license to use the Content that you add (post or broadcast) to the Service of the Right Holder free of charge.

4.2. This simple (non-exclusive) license to use the Content is granted to the Right Holder simultaneously with the addition of the Content to the Right Holder’s Service for the entire duration of the exclusive rights to the objects of copyright and (or) related rights forming such Content, for use in all countries of the world.

4.3. Under the simple (non-exclusive) license granted to the Right Holder, the Content may be used in the following ways:

·      reproduce the Content, i.e. make one or more copies of the Content in any material form, and record them in the memory of an electronic device (the right to reproduce);

·      distribute copies of the Content, i.e. provide access to the Content reproduced in any material form, including online and in other ways, as well as by selling, renting, leasing, providing free of charge, including import for any of these purposes (the right to distribute);

·      publicly display the Content (the right to publicly display);

·      communicate the Content in such a way that any person can access it online from any place and at any time of their choice (the right to communicate to the public);

·      modify the Content, i.e. alter or otherwise process the Content, including the translation of the Content from one language to another (the right to process);

·      the right to assign all or part of the acquired rights to third parties (the right to sublicense).

4.4. If the Content does not contain objects of copyright or related rights, under this Agreement you will provide the Content (information and other materials) to the Right Holder for use in any manner at the sole discretion of the Right Holder.

 

5. Limitations and liability

By agreeing to the terms of this Agreement, you understand and acknowledge that:

5.1. The relations of the Parties in terms of provision of the Service free of charge shall not be subject to the provisions of the legislation on the protection of consumer rights.

5.2. The Service is provided for use on an “as is” basis, and therefore you are not provided with any warranty that the Service will meet your requirements, the services will be provided continuously, quickly, reliably and without errors, the results that can be obtained using the Service will be accurate and reliable, the quality of any product, service, information and Content obtained using the Service will meet your expectations, all errors in the Content and/or software of the Service will be corrected.

If you find errors in the Service, please notify the Right Holder at the address specified in the details or separately on the Website for the support service.

5.3. As the Service is in the process of constantly adding and updating new functionalities, the form and nature of the services provided may change from time to time without your prior notice. The Right Holder has the right, at his/her sole discretion, to terminate (temporarily or permanently) the provision of the services (or any individual functions within the services) to all Users in general or to you in particular without your prior notice.

5.4. You do not have the right to perform the following actions independently or with the involvement of third parties:

·      copy (reproduce), in any form and manner, computer programs, databases, other results of intellectual activity and means of individualization included in the Service of the Right Holder, including any of their elements, content, design, trademarks (logos), without obtaining the prior written consent of their owner;

·      disclose technology, emulate, decompile, disassemble, decrypt and perform other similar actions with the Service;

·      create software products and/or services using the Service without prior permission of the Right Holder.

5.5. The Right Holder has no connection with the Content provided by Users in the Service and/or distributed with its use, and does not verify the content, authenticity and security of such Content or its components, as well as their compliance with the requirements of the applicable law, and the availability of the necessary rights for Users to distribute and/or use them.

All responsibility for the contents of such Content and its compliance with the requirements of applicable law is the responsibility of the person who created the Content and/or added it to the Service of the Right Holder.

The Right Holder is not a party to Transactions entered into and performed between Users when using the Service, and is not responsible for their proper entering into and performance. In all cases, the Right Holder acts as an information intermediary between the Users, does not control and is not responsible for the performance by the Users of their obligations under the Transaction, for the goods and services provided under the Transaction, their compliance with the requirements of the applicable law, quality, terms of provision, as well as their proper payment.

5.6. The Right Holder has the right to structure, edit, translate the Content posted by the User. The Right Holder is not responsible for errors, inaccuracies and omissions resulting from the translation of the Content into other languages.

5.7. Users are prohibited to:

·      post and/or distribute counterfeit materials;

·      post and/or distribute materials of pornographic nature, as well as promotion of pornography and child erotica, and advertising sexual services;

·      disseminate any other prohibited information, including materials of extremist nature, as well as those aimed at violating human rights and freedoms on the grounds of race, nationality, religion, language and sex, inciting to commit violent acts against a human being or to practice cruelty to animals, calling to commit other illegal actions, including explaining the procedure for the manufacture and use of weapons, drugs and their precursors, etc.;

·      upload, send, transmit or in any other way to post and/or distribute advertising information, spam (including search spam), lists of other people’s e-mail addresses, “pyramid” schemes, multi-level (network) marketing (MLM), Internet earning systems and e-mail businesses, “chain letters”;

·      impersonate another person or representative of an organization and/or a community without sufficient rights, including employees of the Right Holder, as well as to use any other forms and methods of illegal representation of other persons on the Internet, to mislead Users or the Right Holder about the properties and characteristics of any entities or objects;

·      collect and store personal data of other persons in an unauthorized manner;

·      spread false information discrediting the honor, dignity or business reputation of third parties;

·      use the Website to pre-emptively or exclusively post or distribute links to other websites;

·      perform other illegal actions, including obtaining unauthorized access to confidential information, its distribution, unauthorized access to computer information, use and distribution of malicious computer programs, violation of the rules of operation of storage means, processing or transmission of computer information and information of informational telecommunication networks, organization of gambling, lotteries and other promotional activities in violation of applicable law.

5.8. If errors are found in the operation of the Website or in the Content posted on it and distributed with its use, inform the Right Holder by the address specified in the details or separately on the Website for the support service.

5.9. In case of violation of your rights and/or interests in connection with the provision of the Service, including the posting/distribution of inappropriate Content by another User, you should inform the Right Holder thereof. To do this, you must send a written notice to the Right Holder detailing the circumstances of the violation and the Content in connection with the use of which your rights and/or interests are violated.

5.10. You are solely responsible for any breach of obligations under this Agreement and/or applicable law, as well as for all consequences of such violations (including any loss or damage that may be incurred by the Right Holder and other third parties).

5.11. In case of any claims of third parties in respect of violation by you of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions established by law, you are obliged to undergo, at the request of the Right Holder, the official identification, providing the Right Holder with a notarized obligation to settle the claims independently and at your own expense, specifying your passport data.

5.12. The Right Holder reserves the right to allow or prohibit, at its sole discretion, posting, editing, restricting access to any Content or deleting it, including information about goods and services, reviews, complaints, comments of Users in the Service, as well as to block access to the Service or otherwise restrict (terminate) the provision of services to the User using the Service.

5.13. In case of bringing the Right Holder to responsibility or imposing penalties on it in connection with your violations of the rights and/or interests of third parties, as well as prohibitions or restrictions established by law, you are obliged to fully compensate the losses of the Right Holder.

5.14. The Right Holder is exempt from any liability in connection with your violations and causing harm or loss to you under the above circumstances.

5.15. Under any circumstances, the liability of the Right Holder is limited to 1,000 (One thousand) rubles and shall be imposed on it only if there is guilt in his actions.

 

6. Using the “Secure Transaction” Service

6.1. The “Secure Transaction” Service is provided by a third party, depending on which provider of this service is selected by the Users from those specified on the Website. The terms and conditions of the “Secure Transaction” Service, including the fee for its provision, shall be established by such third party.

6.2. The Right Holder is not a party to the relations between the Users of the “Secure Transaction” Service, which arise, respectively, between the Users and the third party providing this service.

6.3. When providing Users with the “Safe Transaction” Service, the Right Holder will act as an intermediary in the transfer by Users of the information necessary for the provision of such service to the party providing the “Safe Transaction” Service, including information on the entering into and performance of the Transaction, will not control and will not be responsible for the actions of Users or the Logistics Company to confirm the performance of the Transaction, as well as for the quality of the service provided to Users.

6.4. Using the “Secure transaction” Service, Users unconditionally accept and agree that, in cases where under the terms of the “Secure Transaction” Service settlements under the Transaction are made depending on the decision of the Right Holder on a dispute between Users regarding the performance of the Transaction, such decision of the Right Holder shall be the agreed will of both parties to the Transaction and shall be adopted with respect to the rights of each Party.

 

7. Notices

7.1. You agree to receive e-mails (hereinafter, the “notifications”) from the Right Holder about important events occurring within the Service or in connection with the signed contracts to the e-mail address and/or phone number specified when working with the Service.

7.2. The Right Holder has the right to use notifications to inform the User about changes and new features of the Service and/or about changes in the Agreement or the Mandatory Documents specified therein, as well as for the delivery of advertising and information messages.

 

8. Agreement on the use of electronic signature

8.1. Electronic documents certified by a simple electronic signature may be used in the relationship between the Right Holder and the User.

8.2. A simple electronic signature is an electronic signature that, by using the User’s login and password or the subscriber’s phone number or e-mail address (e-signature key) specified when using the Service, confirms the fact of forming an electronic signature directly by the User.

8.3. By agreement of the Parties, electronic documents signed with a simple electronic signature are recognized as equivalent to paper documents signed with a handwritten signature.

8.4. The Right Holder will identify the User, who corresponds to a simple electronic signature, by login and password used by the User specified during registration and/or login to the Website – in case of any action within the use of the Service, or by e-mail address used by the user – in the case the Right Holder receives messages from such address.

8.5. Any action taken using a simple electronic signature of a particular User shall be deemed to have been performed by that User.

8.6. The User undertakes to respect the confidentiality of the electronic signature key. In particular, the User has no right to transfer his/her login and password or provide access to his/her e-mail to third parties and is fully responsible for their safety and individual use, independently choosing the method of their storage and restricting access to them.

8.7. In case of unauthorized access to the login and password, their loss or disclosure to third parties, the User is obliged to immediately notify the Right Holder by sending an e-mail from the e-mail address specified when using the Service.

8.8. In case of loss or unauthorized access to the e-mail address specified when using the Service, the User is obliged to immediately replace such address with a new one and report this fact to the Right Holder by sending an e-mail from the new e-mail address.

 

9. Miscellaneous

9.1. A registered User shall independently determine the conditions and procedure for using the functionalities of the Service, which, however, under no circumstances may contradict this Agreement.

9.2. Applicable law. This Agreement, the procedure for its entering into and performance, as well as issues not regulated by this Agreement shall be governed by the current legislation of the Russian Federation.

9.3. Language. This Agreement and the Mandatory Documents specified in it may be in versions in Russian and other languages. In the event of a conflict, the version of the Agreement and Mandatory documents in the Russian language shall prevail.

9.4. Arbitration. All disputes under the Agreement or in connection with it are subject to consideration in court at the location of the Right Holder in accordance with the current procedural law of the Russian Federation.

9.5 Changes. This Agreement may be changed or terminated by the Right Holder unilaterally without prior notice to the User and without payment of any compensation in this regard.

9.6. Version of the Agreement. The current version of this Agreement is available on the Website of the Right Holder and is available on the Internet at https://globalrustrade.com/info/terms-of-use/.

9.7. Details of the Right Holder:

Limited Liability Company Global Rus Trade

OGRN (Primary State Registration Number): 1157746506170;

INN (Taxpayer Identification Number): 7733237194;

Legal address: 7/1 Spasopeskovskiy Pereulok, build. 1., 121099.

e-mail: info@globalrustrade.com

 

The current version of the User Agreement dated 28/05/2019.