The User Agreement for the provision of the services of the Site https://autospot.ge
This User Agreement governs the use of the https://autospot.ge website (hereinafter the "Site") between https://autospot.ge (hereinafter the "Provider") and the legal or natural person using the Site for the purpose of searching, viewing and/or posting Advertisements (hereinafter the "User").
By registering on the Website or using the Website to search/view the Ads the User agrees with this User Agreement (hereinafter referred to as "Agreement") and accepts the rights and obligations related to using the Website, as specified therein.
Placing Announcements on the Website, which are not aimed at conducting business activities, is free of charge, unless otherwise expressly stated on the Website and/or in the PC and/or Offer. In the absence of a special indication on the Website and/or in the PS and/or Offer, the opposite is also true: a free ad submitted by the User explicitly states that it has not been submitted in connection with and does not aim at carrying out entrepreneurial activities. Users are obliged to use the possibilities of the website in good faith and not to allow posting of Ads that do not correspond with the real purpose of the Users. Terms used in this SAR
Internet resource - a set of integrated software and hardware tools and information intended for publication on the Internet and displayed in a certain text, graphic or audio form. An online resource is accessible to Internet users via a domain name and (Uniform Resource Locator) - a unique electronic address allowing access to the information and software-hardware complex or via an appropriate mobile application.
The Site is an Internet resource enabling the User to post, search and browse for Ads. All rights to the Site are the property of the Contractor.
Personal profile of User on the Site (hereinafter referred to as "Personal profile") is an access interface to manage posting of User's ads, other services, their payment, performing other activities, stipulated by the Site for informational materials. The Login is made using the Registration Data of the User.
Registration Data - identification data of the User, used for access to the User's Personal profile. The Registration Data consists of: login (the User's e-mail is used as the login), password, security question and answer to the security question (used if the User has forgotten the password).
Advertisement - information message of the User of the Website containing an offer of Goods (including contact information, images and any accompanying information), placed by the User on the Website and addressed to an indefinite circle of people.
Goods are any goods, product, service, job offer or other offer for which the User posts an Advertisement on the Website.
1. Subject of the agreement
1.1 The Contractor offers its services to you on the terms and conditions which are the subject of this User Agreement.
1.2 The User Agreement may be amended by the Contractor without notice. The new version of the User Agreement comes into force as soon as it is posted on the Website, unless the new version of the User Agreement provides otherwise.
1.3. The current version of the SGS, as well as other documents governing the use of the Site and the provision of services on the Site, are always available on the Site and are accessible to all Users.
2. Description of services
2.1. The Site is an internet platform which allows User at his/her own risk to post offers addressed to indefinite circle of people for concluding transaction with regards to Goods which User is entitled to dispose of (make offers), and for other users of the Site to accept or not accept at their own discretion and under their responsibility offers from User posted on the Site, to conclude or not conclude respective transaction with User who posted an Ad on the Site. The Contractor in no way can be considered and is not the organizer of the transaction, buyer, seller, mediator, agent or representative of any User of the Site and/or any other interested person in relation to the proposed/concluded transaction between the Users of the Site. All transactions between the users of the Website, which are carried out through the User's posting of an Advertisement on the Website, shall be concluded and executed without any direct or indirect participation of the Provider.
2.2. The Contractor gives no guarantee to the User that any offers made to users of the Website by placing the Advertisement on the Website, or by using the contact information contained in the Advertisement, will be received and considered by other users of the Website.
2.3. The user undertakes to exercise caution when choosing a counterparty, deciding on the transaction at his/her own responsibility, independently ascertaining that the offer contained in the Advertisement on the Website is valid and lawful.
2.4. The Contractor also provides fee-based services through the Site, the provision of which is governed by the Public Offer - https://autospot.geservices/oferta
2.5. The provision of paid services on the website is governed by the public Offer - https://autospot.geservices/oferta, to which the user agrees when paying for paid services
3. Rights and obligations of the Contractor
3.1. Rights
3.1.1 The information received on the Site shall be deemed to be the property of the Provider. The Contractor has no obligation of confidentiality with respect to this information, unless otherwise agreed in writing with the User or as required by applicable law.
3.1.2 The information contained on the Site may not be reproduced or used for publication without the written permission of the Contractor, unless the page containing such information expressly states otherwise. The information contained on the Website may only be copied by individuals for their personal use.
3.1.3 In no event shall the Contractor be liable for any damage, loss or costs arising from the use or inability to use the Website.
3.1.4. The Executor shall be entitled at any time and at its own discretion to carry out a random check of the Advertisements for compliance of the User with this COP, including in the automatic mode using software tools. In case of detecting violations, including in case of complaints from third parties about such violations, the Executor shall be entitled to determine the quality of ads, their compliance to the present COP and Georgian legislation, suspend or terminate User's access to the Website services, including rejecting or blocking the Advertisement and/or User's access to the Personal profile without notifying the User on this. By Provider's decision, blocking of Announcements and/or User's registration data on the Site can be temporary or permanent depending on the scope and number of violations of this User Agreement and other rules of the Site established by Provider. In case the User has eliminated the violations, the Contractor shall be entitled to restore the previously blocked Announcement or the User's access to the Personal Office.
3.1.5. The Contractor shall have the right to unilaterally amend this SOW and other documents regulating the rules of use of the Website and provision of Website services. The new version of the said documents shall come into force as of the moment of their posting on the Website, unless otherwise provided by the new version of the relevant document.
3.2 Responsibilities
Under this User Agreement, the Contractor undertakes to
3.2.1 Allow the User to post Ads on the Website, search for Ads of other users on the Website in accordance with the rules and limitations set by the Contractor for the time being.
3.2.2 Allow the User to manage access to their Advertisement and set other settings available to Users at a given time through their personal account.
3.2.3 Allow the User to delete the Advertisement and/or their registration data at any time at their discretion.
3.2.4 Provide the User with the option to completely remove all information they have posted on the Site through their personal account on the Site at any time at their discretion.
4. User obligations when registering
Under the terms of this User Agreement, the User undertakes:
4.1 To know and comply with the Rules of publishing Advertisements, which are an integral part of this SAR.
4.2 Not to post by any means, through the Site, information in violation of Georgian and international law.
4.3 Not knowingly post inaccurate information.
4.4 Do not post and/or transmit, using the Site, materials and/or Goods where the User does not have the relevant rights to do so. This includes materials protected by copyrights, trademarks, patents, as well as non-disclosure agreements, confidentiality agreements, goods, which require a permit to sell if such a permit is not available, and the like.
4.5 Do not breach the information security of the Website.
4.6 Do not embed executable code on the User's side, any embeddable objects, use frame and iframe, cascading style sheets, html code.
4.7 Do not represent yourself by or on behalf of another person's name (individual or entity). Do not mislead other users and the Site administration about your identity in any way.
4.8 Do not destroy and / or change any materials on the Site, the author of which the User is not.
4.9 Do not use the information about phone numbers, postal addresses, e-mail addresses for purposes other than the subject of the Site (search, view and post Advertisements).
4.10. Do not register using another person's e-mail address, or an address to which the User has no right to use.
4.11 Do not give the password for access to the personal account to any third party. The User shall be fully liable for all damage caused to it by third parties arising from the User knowingly or unknowingly passing on the password to another person. The User shall be responsible for maintaining the confidentiality of the password and any use of the Site through its password.
4.12. By registering on the Site User agrees to receive information and advertising messages from the Contractor and its partners to the indicated email address, which can be cancelled by clicking on the button "unsubscribe".
4.13. When visiting the Site, the User's cookies are stored in order to analyse the User's behaviour on the Site, determine the User's interest and optimise the campaign of advertising messages. The cookie-file is a text file sent by the web-server and stored on the User's computer, it is used to authenticate the User, track the status of their session and store statistics about the use of the User's sites on the Internet. By visiting the Site, User agrees to the storage of User's cookies and their transmission to third parties in order to analyse User's behaviour on the Site and to receive targeted advertising messages. The User agrees to receive targeted advertisements in accordance with the data processed by the analysis of their cookies. The User may refuse to store cookies by changing the privacy/privacy/personal data (depending on the terminology of the browser) settings of the web browser they are using.
5.Rules for posting Advertisements on the Website
5.1 The applicants (users who have posted the Announcements) shall be responsible for the accuracy of the information contained in the Announcements. The Contractor shall not be obliged to pre-check the Advertisements placed and/or distributed by the User via the Site. User acknowledges and agrees that it shall evaluate all risks involved in posting, distributing and searching for Advertisements, including an assessment of their reliability, completeness or usefulness.
5.2 The Contractor reserves the right to refuse at its own discretion to place and/or distribute Announcements to the User, as well as to remove Announcements from the Site, without prior notice to the User and without giving any reasons.
5.3 Contractor shall be entitled to change the content and terms of posting Advertisements.
5.4 The Contractor shall retain the right to edit the Announcements in order to make them reader-friendly.
5.5 The Contractor shall reserve the right not to enter into correspondence with authors of Announcements.
5.6 By posting Announcements containing an image (including a photo) on the Website, the User gives the Contractor the right to use the image (open license to use a work of art) in the following ways
as provided for in the Article of Georgia;
by posting and disseminating it on the internet and/or via email to third party internet users. The place, time, audience, sites to/on which the said images will be distributed/placed shall be determined by the Contractor at its own discretion. At the same time Contractor does not guarantee such placement and distribution as well as third party Internet users' access to the User's Announcement;
Placing the image as an advertising material of the Contractor on the Internet.
The right to use the image is transferred to the Contractor by the User free of charge and without territorial restrictions as soon as the Advertisement containing the image is published on the Website by the User for the duration of the exclusive right to the image, with the possibility to transfer the right to third parties. The User authorises use of the images without naming the author and ensures that the images do not infringe the rights of third parties.
5.7 No Announcements will be published on the Website:
5.7.1 The content of which violates the legislation of the Russian Federation (contains propaganda of violence, racial hatred, pornography, etc.).
5.7.2 Content of which violates generally accepted standards of morals and ethics.
5.7.3 Information which is contrary to the Website Policy and the Rules of posting Advertisements on the Website.
5.7.4 Containing an offer of Goods, for the sale of which special permits are required, in the absence of such permits.
5.7.5. containing an offer of Goods the circulation of which is restricted or prohibited by applicable Russian law and/or international agreements.
6. Access to Users' personal information
6.1 All information contained in the Announcements posted by User on the Website is publicly available, except for the password for access to their personal account and the information contained in this section. By posting any Ads, User agrees that such information will be made publicly available on the Site, i.e. accessible to any visitor (the general public) anywhere on any device with Internet access. Accordingly, the User understands and accepts all risks associated with such placement of information, including, but not limited to: risk of getting into lists for sending spam-messages, the risk of getting the e-mail address to different types of fraudsters, the risk of getting the phone number to the SMS-spammers and/or SMS-fraudsters and other risks arising from such placement of information.
6.2 User's access to changing the information contained in the Announcement is made only on the basis of a unique login and password, which User has chosen during registration on the Site. User is responsible for the safety of the password.
6.3 If the User loses their access password, they can receive a password reminder at the email address they have provided during registration, and log in to their personal account.
6.4 The Contractor shall use its best endeavours to avoid unauthorised use of the User's personal information on the Website. However, the Contractor shall not be liable for possible misuse of the User's personal information, which occurs due to
technical faults in the software, servers or computer networks beyond the Contractor's control;
Site malfunctions due to intentional or unintentional misuse of the Site by third parties,
Passwords or information from the Site (including unintentional) users transfer to other persons who do not have access to this information by virtue of the registration and contracts with the Contractor.
6.5 The User individually and voluntarily decides to provide or place in the public domain personal and other information about themselves (name, surname, patronymic or alias of the User, email address, mobile phone number, as well as any other information provided by the User while using the Site) for the purposes of this User Agreement.
6.6 By registering on the Site the User consents to the collection, processing, storage and use of the personal data (name, telephone number, e-mail, etc.) entered by the User ("Personal Data"). The user also consents to the transfer of such data to a third party, if the third party is a partner of https://autospot.ge and provides information systems to provide additional services to the user. In such case, the transfer of data to the third party must be carried out using automated means that adequately protect the rights of the data subjects and the information system on the third party's side must have an appropriate certificate. Cross-border data transfer is only possible if adequate protection of the rights of personal data subjects is ensured in the foreign country where the information system servers are located. The User may deactivate their account at any time by contacting info@autospot.ge support.
6.7 User's access to change personal information contained in his profile (Name, Surname, First Name, Patronymic etc.) is only possible on the basis of the unique username and password entered by the User during registration.
7. Use of Site materials
7.1 Each user of the Website is responsible for the information posted on their behalf and for the consequences of this posting.
7.2 The Site is only a medium for the transmission of information and the Contractor is in no way responsible for its accuracy and relevance.
7.3 The Contractor uses its best endeavours to remove sloppy, inaccurate or knowingly incomplete information from the Site, but liability for such information ultimately lies with the person posting it.
7.4 When reprinting and otherwise using materials from the Site, reference to the Site is mandatory.
7.5 If the User stores an advertisement or part of the information contained in the Advertisement in their own database outside the Site, the User shall be responsible for this under the Personal Data Law, as the operator of the personal data.
7.6 No software tools (scripts, robots) shall be used to read information from the Site
7.7 Logo, name, design elements, layout and general appearance of the Site are property of Contractor and their use is prohibited.
8. Safeguards and liability
8.1 As User shall place Ads on the Website on its own, at its own discretion and beyond the control of Contractor, which may be of an advertising nature, then User shall be considered an advertiser and an advertiser in relation to all Ads placed by it on the Website with all the ensuing consequences provided by the Georgian Law on Advertising.
8.2 By placing Ads on the Website, User guarantees that it has the right to sell the Goods indicated in the ad, including that the Goods have undergone mandatory certification (if it is stipulated by the legislation for such type of goods). User is solely liable for breach of the warranties mentioned in this clause. The Contractor has the right to request from the User supporting documents for the Goods (including a declaration/certificate of conformity) specified in the relevant Announcement. In case the User fails to submit the confirming documents for the Goods, the Executor has the right to remove the respective Announcement from the Website without any penalties against the Executor.
8.3 User is responsible for compliance of the content of his Advertisement with the current Russian legislation including but not limited to the laws "On Employment in the Russian Federation", "On Advertising", "On Protection of Children from Information Harmful to their Health and Development". In case of claims against the Contractor by third parties (including but not limited to state authorities) regarding the Announcements placed by the User and/or the Goods shown in the Announcement, the User must settle such claims independently and at his/her own expense, and in case the Contractor suffers damages in connection with the above mentioned claims, compensate them to the Contractor in full.
8.4 As the identification of the users of the Internet sites is difficult for technical reasons, the Executor is not responsible for the fact that the registered users are really the person they pretend to be, and is not responsible for possible damages that the User or other persons may suffer for this reason.
8.5 By using information from the Website the User is aware of and accepts the risks related to possible inaccuracy of the information posted on the Website, as well as the fact that some information may seem threatening, offensive, deliberately false, rude, indecent and makes the decision whether it is possible for him/her to use the Website.
8.6 Provider does not guarantee that the Announcements published by User will be viewed by a certain number of users of the Website, or at least one.
8.7 Provider does not guarantee that software, servers and computer networks used by the Site are free of bugs and computer viruses. If the use of the Website has caused the loss of data or damage to the equipment, the Provider shall not be liable for it
8.8 The Provider reserves the right at its own discretion to terminate access of the User, who violates the present User Agreement and/or terms of other rules of using the Website or placing Announcements, both in general and in part, including terminating or temporarily suspending the User's access to the Personal profile.
8.9 All disputes arising under this Agreement shall be considered in the court at the location of the Contractor in accordance with the legislation of the Russian Federation. This Agreement cannot be understood as the establishment between the Executor and the User of an agency relationship, partnership relationship, joint venture relationship, personal employment relationship, or any other relationship not expressly provided for in this Agreement.
