This Public Agreement (Agreement and/or Offer) shall govern the relations associated with the use of website autoline-eu.co.uk (hereinafter, the Website or Websites) between the User and Linemedia FZC, a legal entity registered under the laws of the United Arab Emirates, registered address: P.O. Box 50797, ELOB of.No E-97F-09, Sharjah (hereinafter, the Contractor and/or the Company).
This Agreement is a public contract, and, if accepted, any capable natural person or legal entity (hereinafter, the User) agrees to comply with the terms and conditions of this Agreement as set out hereinbelow.
In this offer, unless otherwise is required by the context, the following terms shall have the following meanings:
Acceptance means full acceptance of the terms and conditions of the Agreement by the User;
User means any capable natural person or legal entity who has accepted the terms and conditions f this Agreement and who uses the Company's services. On behalf of a legal entity, the Website is used by an authorized official/representative of such legal entity. Additional terms and conditions for corporate (dealer) account Users are described in Addendum 1 hereto;
Goods mean a tangible property including the following categories of automotive products: trucks, tractors, trailers, semi-trailers, tank trucks, buses, vans, campers, special vehicles, warehouse machinery, agricultural machinery, street-cleaning machinery, spare parts and equipment, and an intangible property associated with the provision of a service including, leasing, lending, etc.
Service means any operation associated with the provision of a service that is consumed in the process of committing a particular act or pursuing a particular activity to meet customer's personal needs;
Autoline Service means all paid and free services rendered by the Contractor through Websites (e.g. including but not limited to all its functions, text, data, information, software, charts or photos, drawings etc.) as well as any other services provided by the Company through the Website services.
Account means User's electronic account on the Website functional system with which the User can manage its ads on Websites. The account can be used by one User only; and no data may be transmitted to another User (another person) to access the account;
Registration means User's acceptance of the offer to enter into this Agreement and the procedure whereby the User provides necessary information to use Website services by filling in appropriate forms on the Website. The registration shall be deemed to have been completed once all registration steps have been successfully completed in accordance with the instructions posted on the Website.
Personal data means data or a data set about an individual who is identified or may be specifically identified by such data.
If the User disagrees with the Agreement either in full or in part, the Contractor asks the User to leave this website. These terms and conditions govern use of Websites by the User. Using the Website means that the User has reviewed this Agreement, understands and accepts the terms and conditions laid down herein.
Use of the Website, after the registration procedure, means that the User has accepted the terms and conditions of this Agreement in full without any reservation or exception. If the User disagrees with any provision of this Agreement, the User cannot use Autoline Services.
The Company hereby offers Internet Users Autoline Services subject to the terms and conditions set forth herein.
The Company offers the User Website services for placing information about Goods with the purpose, including but not limited to the subsequent purchase or sale of various Goods by other Users.
All transactions shall take place directly between Users. Therefore, the Company shall not be a party to Users' transactions but only provides the trading communication platform for placement of ads.
Internet Users may view ads posted on the Website without registration.
User registration on the Website is required for using Autoline Services. In order to receive Autoline Services, the User shall fill in the form, indicating the actual e-mail address accessed only by the User, password chosen at User's discretion, and other data required for registration. Then the User receives an email with a registration confirmation containing a link to be activated to complete the registration procedure.
While registering the User shall provide true, accurate and complete information about him/her as required by the registration form and forms contained in My Autoline section of the Website and shall keep this information up-to-date.
Should false information be provided, the Company may suspend or cancel User registration and stop Autoline Services for the User.
PLACEMENT OF ADS
The User may place ads on Websites after the payment has been made in accordance with the provisions of Section 7 below and once a special form with contact information and details of the Goods offered has been filled in.
A paid ad shall be placed for 65 calendar days on all Websites and may be re-activated by the User thereafter.
A message posted by the User on either Website shall be automatically placed on all Websites once technical specifications of such ad have been translated in all website languages.
Use of Website functions and services by both registered and unregistered Users means acceptance of obligations to follow the rules and guidelines on the use of the Website, including this Agreement.
The User shall be responsible for all activities using his/her e-mail address and password to access the Websites. The User may use Autoline services only with his/her own e-mail address and password. If data is transferred to another User (another person) to access the account, such account may be blocked at the Company's discretion.
The User shall keep his/her password confidential and may not disclose it to third parties.
The User shall promptly change his/her login details used to access Websites, if he/she has a reason to suspect that his/her e-mail address and password used to access Websites have been disclosed or may be used by third parties.
By placing ads on the Website to sell goods or services, the User shall place information about such goods or services subject to this Agreement and guidelines available on the Website, and shall provide accurate and complete information about the Goods and the terms and conditions of sale thereof. By placing information about the Goods, the User confirms that he/she has the right to sell the Goods or provide the service in accordance with the laws of countries where Goods/services are sold.
The User guarantees that the Goods offered by him/her meet the quality standards established by the laws of countries to which they are sold and are free from any third party claim.
The User guarantees that the services offered by him/her, if their provision requires a special permit, will be provided in accordance with the laws of the countries where special bodies are authorized to oversee such User's activities.
The Company shall have the right to change, suspend or extend the period for demonstration of User's goods or services for technical reasons either under or beyond Company's control. The Company may terminate demonstration of an ad if the User has registered goods or service in violation of the terms and conditions of this Agreement or current applicable laws.
It is prohibited to post incorrect specifications of Goods including the price which does not correspond to the actual selling price. The price must be indicated in full for the whole item.
A heading of an ad to be placed shall correspond to the text of the ad and should not contain any User's contact or personal details (phone, e-mail or web address).
Photos showing Goods offered by the User for sale shall correspond to the title and text of the ad. The photo should show only the Goods being offered. Stock photos and/or photos downloaded from the Internet, may not be used.
The User agrees to refrain from the following actions:
Post ads in the category that does not correspond to the content of his/her ad;
Post ads with the description and/or title/photos which are unrelated or unreadable;
Post ads offering several goods and services at a time;
Add links to his/her ads to resources containing harmful elements or links on the website home page;
Post ads about goods or services if such posts may cause violation of applicable laws.
Ads may be subject to random post- or pre-moderation by Company's representatives.
It is prohibited to place ads to sell:
Goods not included in either category for which information is available for publication on the website;
Goods which are stolen or obtained by illegal means;
Goods that are dangerous to life and health;
Goods that do not exist.
The Company shall have the right to withdraw an ad upon request of the rights holder or the competent government authority. The Company also reserves its right to withdraw any ad believed to be incompatible with the principles and standards of public morality. The decision to withdraw an ad is final and may not be appealed against.
The website Administration (Company's representatives) may:
Amend the text of User's ads to correct spelling and punctuation errors provided such amendments do not affect the general sense of the content of the ad;
Transfer ads to other sections of the Websites if another section is deemed more appropriate for such ad.
The Company shall not be responsible for the content of ads or hyperlinks to resources listed in the description of Users' ads.
The Company does not guarantee that information posted on websites by third parties is correct, accurate, detailed or complete. In this regard, the Company disclaims any liability for:
any failure in operation of the Website;
any error in operation of the Website;
causing any injury, damage, loss of information or any other damage to any persons that have arisen while using AUTOLINE Service, including expenses for acquisition of items through Websites, loss of profits, customers or data, and any other financial losses incurred as a result of visiting these Websites or the impossibility of visiting thereof, and due to trust to any information obtained directly or indirectly on these Websites;
User's infringement of third party copyright and other rights by posting materials in violation of the current laws (including copyright), by adding materials to Websites or by transferring such materials in other way to the Company.
Goods which are not prohibited or restricted for sale by the laws of the country where they are sold and which are not violate this Agreement may be the subject of ads.
USERS' PERSONAL DATA PROCESSING AND CONSENT FOR SUCH PROCESSING
INFORMATION PROVIDED BY USER
The Company shall reserve the right to contact the User, as the case may be: to send informational messages to his/her electronic and/or physical address specified by the User for the purposes of registration.
The information shall be collected by specifying the appropriate data required from the User to place an ad on the Website using Website software tools.
Technical information contained in the system, such as IP addresses, shall be used by the Company in accordance with the general rules of web communication for the purposes associated with servicing of network equipment and to aggregate general statistical and demographic information (e.g., about user's region where connection with the user took place).
Details on the last access shall also be used to collect statistical information about the use of services by the Users.
The User may not provide information in violation of this Agreement or third party rights.
RIGHTS AND OBLIGATIONS OF THE PARTIES
All items available through the Company's services including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sound, and other items, as well as any content posted on the Website services are subject to the exclusive rights of the Company, Users and other rights holders.
The content as well as any other elements of services may only be used as a part of functions offered by one or another service available on Websites. Neither part of the content of Website services, nor any content posted through Website services may be used without the prior consent of the rights holder. The term 'use' includes but is not limited to reproduction, copying, processing, distribution on any ground etc.
In order to authorize the Company to publish information provided by the User, the User shall grant the Company a generally valid (geographically unlimited), perpetual, irrevocable, non-exclusive, sub-licensable right to use, publish, collect, demonstrate, copy, duplicate, reproduce, publicize copyrights, publications and databases owned by the User as well as information, images and photos provided by the User on any known or unknown information carrier. The above rights are granted to the Company at no cost (without payment of remuneration). The User shall retain all proprietary rights to the content posted in his/her ad. In addition to the above, the User shall grant the right to access information posted to all Website users. The User agrees that the text, photos, and other materials attached to the ad may be used by the Company for the preparation of promotional materials, articles, reports, analyzes, etc., and may be used by the Company in its discretion without User's prior consent and without any remuneration.
By using Website services, the User confirms that he/she assumes the sole responsibility for the content of ads posted and the Use has all necessary rights, licenses, and permits to place information in his/her Website ads including but not limited to all patents, trademarks, trade secrets, copyrights, or has the respective written consent, license or permit from all persons and companies identified in such ad to use their names or images.
The User shall:
Avoid actions that may lead to disproportionately large load on Website infrastructure;
Not use automated programs to access Websites without Company's written consent;
Not copy, reproduce, modify, distribute, and publicize any information contained on Websites (except for information provided by the User himself/herself) without the prior written consent of the Company;
Not interfere with or attempt to interfere with Website operation and other activities and not interfere with operation of automatic systems or processes and any other measures to prevent or restrict access to Websites;
Not use the information provided by other Users for any other purpose, except for a transaction directly with such User, without such other User's written consent. This provision of the Agreement does not apply to User's personal data provided to the Company by the User for the purposes of registration.
The User may not:
Discuss actions of Website moderators and administrators except through e-mails with such moderators;
Use User's names similar to the names of other Users in order to misrepresent himself/herself as such users and write messages on their behalf.
Use any software, including any software of third parties, in order to aggregate and/or process the data or other information available at Websites, including but not limited to the Personal Information at the User’s Account and content of the User’s ads.
To conduct any actions, including but not limited to, deletion and new publication of the similar ad(s), which lead to moving of such ad(s) up in the list.
Other Users may access User's personal data subject to his/her written consent or pursuant to the applicable laws.
The Company shall take every effort to ensure proper performance of its obligations hereunder including the normal operation of Website services and non-distribution of personal data provided by the User among third parties except as required by law.
The Company may from time to time impose restrictions on the use of Website services, such as the maximum number of days to keep ads and the size of ads. The Company may change or discontinue Website services or a part thereof at any time either with or without notice to the User and shall not be liable for such changes or termination.
The Company may deny User access to Websites if the User violates the terms and conditions of this Agreement. The fact of violation shall be deemed to have been confirmed, if the User has been notified by the Website administration that User's activity violated the Website rules and third party rights. The Company reserves the right to remove or disable User's account and delete all ads posted by the User at any time at its sole discretion with a prior notice to the User of such deactivation without any liability for such actions before the User and third parties.
In case of breach of Sec. 6.6.4 hereof by the User the Company has the right to limit the functionality of the ads of the User, including but not limited to, suspending the possibility to update the published ad(s) of the User, suspending the publication of new ads. In such case any funds paid by the User for Services shall not be refunded
In case of repeated breach of Sec. 6.6.4 by the User the Company shall have the right to block the account of the User whereby no previously paid funds shall be refunded to the User.
The Company may transfer Websites with all their services and content, including Users' personal information, to its successor under contracts or other arrangements. Such transfer and notification of Users thereof shall be subject to applicable laws of Ukraine.
The Company reserves the right at any time to require the User to confirm the information specified by the User for the purposes of registration and to request the supporting documents in this connection (including copies/certified copies of identity documents), and failure to provide such documents at User's discretion may be equated to provision of false information. If the User's data specified in the documents so submitted does not correspond to the data specified for the purposes of registration and if the data specified for the purposes of registration does not allow identifying the User, the Company may deny User's access to Website services either with or without prior notice to the User.
PAYMENT OF SERVICES
Paid Autoline services, including placement of ads on Websites, shall be ordered (accepted) by the User on the order page of the Website.
The User shall review prices for Company's paid services available on Websites, and may order such services. The fee for the service selected shall be available on the order page and depends on the order specification.
The price for the placement of one ad for individual User amounts to the equivalent of 8 EUR, given that the ad will be published on all Websites for 65 calendar days. The price for prolongation of the published ad for another 65 day amounts to equivalent of 5 EUR. The User is entitled to renew the ad once in 24 hours for the equivalent of 0.1 EUR. Individual User is also entitled to promote his ads (promoted ad). The price for promoted ad amounts to the equivalent of 0.5 EUR per one day per one Website, chosen by the User.
Before ordering Company's paid Services, the User shall make a payment. The payment received from the User is not refundable and shall be used for the payment of commercial Services of the Company only.
Autoline Services shall be paid using a bank transfer, a credit card (Visa/MasterCard) or other electronic payment systems depending on User's country of residence. A full list of payment options shall be available to the User on a payment page.
When the respective technical option is available and the User may be identified, the Company may provide the User with an Acceptance Certificate for Paid Services Rendered. The User shall sign and send such Certificate within five (5) calendar days after receipt to the Company or shall send a reasonable refusal to sign the Certificate and state the reasons for refusal to do so within the same period of time. If within the given timeframe, the User fails to send the signed Certificate back to the Company or to provide his/her reasonable refusal to so, the paid services provided by the Company shall be deemed to have been accepted without any claims with regard to the quality or timing.
The Company reserves the right to amend the rates for the Paid Autoline Services, stipulated in point 7.2 herein without any specific notice to the User. The new rates for the Paid Autoline Services shall enter into force the day they are posted in the Internet on the Company’s Website.
LIMITATION OF COMPANY'S LIABILITY
By using Autoline services, the User confirms his/her consent to bear all risks associated with the use of ads posted on Websites, and the Company including its management, employees and agents shall not be liable for the content of ads posted on the Website, any damage and loss caused by the use of ads posted on Websites.
The Company is neither an organizer/initiator nor a party to a transaction between Users. The Website is a trading and communication platform where Users may offer for sale, sell and buy goods and services permitted by the Website and the law at any time, from anywhere and at any price.
The Company may not control accuracy of information posted by Users in their ads. The Company shall not be liable for any damage incurred as a result of the transaction or misconduct of any party to such transaction.
The Company shall not be liable for Users' behavior or goods/services offered by Users and described in their ads. Any dispute and conflict arising between Users shall be resolved by the Users themselves without involvement of the Company.
The Company shall not be liable for any unauthorized access or use of the Company's servers and/or any Users' information stored thereon as well as for any errors, viruses, Trojan horses, etc., which may be transmitted by third parties to or through Websites.
The quality, safety, lawfulness and conformity of goods or services to description thereof as well as User's ability to sell or buy goods/service are beyond the Company's control.
If a User has a claim against another User arising out of use of Website services by the latter, the User agrees to lodge such claims himself/herself without involvement of the Company and shall relieve the Company (including its subsidiaries, affiliates, officers, directors, agents and employees) from any claims, obligations, payments to reimburse damages, losses, costs and expenses, including attorneys' fees, known or unknown, arising out of or in connection with such claims for damages and losses.
Company's failure to act in the event of a breach of provisions of the Agreement by the User or other users shall not deprive the Company of its right to take appropriate measures to protect its rights subsequently and shall not constitute a Company's waiver from its rights if similar violations subsequently take place.
The Company shall not be responsible for any failure or difficulties in performance of obligations to provide access to Websites due to unforeseen force majeure events which consequences cannot be foreseen or overcome (such as government actions, labor disputes, accidents, breakages in the general communications system etc.).
The Company shall not be liable for failures in Website operation caused by technical faults in hardware and/or software operation.
In no event shall the Company, its management, employees and agents be liable for any direct, indirect, incidental, special damage, loss and paid penalty of any nature whatsoever (even if the Company has been advised of the possibility of such loss) resulting from the use of Websites and Website services by the User including but not limited to events when damage was caused by the use or improper use of Websites and Website services.
Nothing in this Agreement may be understood as agency relationship, partnership, joint venture, labor relations, or any other relationship between the User and the Company unless otherwise expressly stated herein.
The Company shall be responsible for advertisements placed on Website services to the extent set forth by applicable laws.
TERM OF THE AGREEMENT AND TERMINATION OF WEBSITE SERVICES
This Agreement shall enter into force once the User has started using any Website service or once the User has got registered on the Website and shall not be limited in time.
The User may terminate his/her registration on the Website unilaterally, without prior notice to the Company and explanation of the reasons.
If the Company makes any changes in the Agreement in accordance with paragraph 10.1 below and the User disagrees with such changes, the User shall stop using Website services. Continued use of Websites shall confirm User's consent to the applicable version of the Agreement.
The Agreement may be terminated by the Company in either event:
The User violates provisions of this Agreement, causes any damage to the Company, including its reputation, or to other Users;
Other actions are committed in violation of Company's policy.
Legal relationships may be renewed once the Company's administration has made the applicable decision.
AMENDMENTS TO THE AGREEMENT
The Agreement may be amended by the Company without any specific notice to the User. The new version of the Agreement shall enter into force the day it is posted in the Internet at the address specified herein below unless otherwise expressly prescribed by the new version of the Agreement. The current version of the Agreement is always available at http://m.autoline-eu.co.uk/rules/.
Information messages intended for a wide community of Users shall be posted on Websites and/or shall be e-mailed at Users' addresses.
If disputes and discrepancies arise out of or in connection with this Agreement, the Parties shall resolve such dispute or discrepancy through negotiation. If any dispute, discrepancy or claim arising out of or in connection with this Agreement, including performance, violation, termination or invalidity thereof, may not be resolved through negotiation, such disputes shall be resolved by court in accordance with the applicable laws.
This Agreement shall be governed by and construed in accordance with the laws of Ukraine. Any matter not governed by this Agreement shall be resolved in accordance with the applicable laws of Ukraine.
This Agreement is made in English. Translation into any other language was made to comply with the applicable legal requirements. Should there be any discrepancy between the English version and the version in any other language, the Russian version prevails.
The Contractor may provide Services to Users in different countries through its affiliates. Affiliates shall not be liable for any consequential damage, unintentional actual damage or lost profit, lost data or any other damage or inconvenience caused to the User in connection with the use of Websites. All liability shall be born by the Company.
If any provision of this Agreement is found by a court as invalid or unenforceable, this does not affect validity or enforceability of other provisions of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR CORPORATE (DEALER) ACCOUNT USERS
Corporate (dealer) accounts allow dealers to make one account on the Website available for use by several persons having employment or agency relationship with the User, the account owner.
Corporate (dealer) accounts allow Users to create WEB-pages with business entity's logo, profile, location map and machinery offered for sale.
Users using corporate (dealer) accounts may use Services for ad self-placement and editing; enter business entity's details in the catalogue of machinery sellers; and receive 'orders for purchase of machinery' by e-mail.
Persons having access to the corporate account should represent one business entity.
To create a corporate (dealer) account, the User shall be registered on the Website using a special registration procedure and shall provide the Company with additional information about the business entity.