EFFECTIVE DATE 11/05/2023
This Public offer (hereinafter referred to as the Agreement) is an agreement between SmartShop (hereinafter referred to as SmartShop) and individuals who use (hereinafter referred to as Users) the website https://accounts.smartraffic.org (hereinafter referred to as the Site).
By making a purchase/sale on the Site, the User accepts the terms of this Agreement and gives full and unconditional consent to the conditions set forth in the Agreement, as a result of which legal relations are established between the SmartShop and the User (hereinafter referred to as the Parties, separately as the Party) regulated by the Civil Code.
If you do not agree with any condition of the Agreement or if it is not clear to you, please do not use the Site until any ambiguities or disagreements have been removed.
1. SUBJECT OF AGREEMENT
1.1. SmartShop provides the User with the right to use the Site and reserves the right to provide a similar level of access to an unlimited number of Users in accordance with the terms of this Agreement.
1.2. Use of the Site is carried out by the User independently, without the direct participation of SmartShop. SmartShop does not give any guarantees regarding the compatibility of the Site with the User’s devices, from which the User access the Site, but can provide technical support and update the Site.
The updated Site may contain the correction of errors, shortcomings, fixed bugs, and/or other innovations.
1.3. The right to use the Site is provided to Users from SmartShop free of charge.
1.4. In addition, the User who makes a purchase on the Site instructs SmartShop to perform on his behalf and at his expense actions aimed at the execution of purchase and sale transactions carried out through the Site, with the obligatory payment of SmartShop's corresponding remuneration.
1.5. Acceptance by the User who makes a purchase on the Website, transactions from the User, selling on the Site, is an automatic instruction to SmartShop to fulfill the conditions for the relevant transaction between the Users, including, but not exclusively, regarding payment for the corresponding purchase.
2. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
2.1. SmartShop provides, and the User receives the right to use the Site.
2.2.1. The User is obliged to independently register on the Site in the manner prescribed by SmartShop on the Site.
2.2.2. Registration is not possible without the consent of the User with the Agreement. By registering, the User automatically gives full and unconditional consent to all the terms of the Agreement.
2.2.3. As a result of registration, the User creates an account on the Site. The user accesses the account by personal e-mail and password. The user is required to maintain the confidentiality of his password. All actions performed using the User’s account on the Site are considered to be committed by the User.
2.2.4. User, selling on the Site, can register and has the right to have only one account on the Site.
2.3. SmartShop has the right to amend the Agreement unilaterally, about which the User will receive a notification by e-mail.
2.4. SmartShop has the right to carry out planned technical work on the Site as a result of which certain functionality of the Site or the Site may be temporarily unavailable, which SmartShop may notify the User in advance by e-mail.
2.5. SmartShop has the right to conduct unscheduled technical work on the Site in the event that work is carried out in connection with the need to eliminate significant errors, vulnerabilities, as well as cases of inoperability of the Site that are not related to direct actions of SmartShop (hacking, attacks, etc.).
2.6. The User does not have the right to assign his rights and obligations under the Agreement to third parties.
2.7. The User agrees to refrain from: copying the Site and audiovisual displays, extracting information from it, including individual objects (images, sounds, videos, texts), performing other actions not expressly provided for by the Site interface.
2.8. Personal data
2.9. Custom content.
2.9.1. The user has the right to place advertisements for sale on the Site and determines their content within the framework of the possibilities provided to him by the Agreement and the technical functionality of the Site. The user is fully responsible for the materials (content) posted by him both to the person whose rights may be affected, and to SmartShop, and for violation of the terms of the Agreement.
2.9.2. SmartShop does not control (does not monitor, approve or endorse) the User’s ads. As well as does not control the content of the User’s pages (pages of the Site that the User has the right to change and/or changes). SmartShop provides the User with the technical ability to create pages (announcements) within the Site.
SmartShop does not control the specific placement of the material, does not select or approve the final recipients of the material - visitors (including other Users) of the Site.
SmartShop does not alter the content of material posted by the User. Possible technical changes with respect to the material do not apply to substantive changes. The User understands that the design of the Site, the display of the entered information may change, but not the information of the User.
2.9.3. SmartShop reserves the right to unilaterally remove any material, suspend or restrict the User’s access to his account and/or the Site in case SmartShop becomes aware that such use of the Site violates or contributes to a violation of the rights of SmartShop, the rights of third parties, legal provisions, international norms and rules, conditions of the Agreement and/or does not correspond to the idea and essence of the Site.
SmartShop has the right to perform such actions without prior notice to the User if it considers necessary to immediately respond to a violation or alleged violation in accordance with applicable law.
2.9.4. The user agrees not to use the Site for advertising purposes, except for advertising the property that he sells through the Site.
2.9.5. The User agrees to refrain from using the Site for illegal and dishonest purposes (such as inciting conflicts, violation of the rights of third parties, infringement or violation of the rights and legitimate interests of third parties, illegal enrichment, deceit, misrepresentation, fraud, insult, the humiliation of human dignity and honor, SPAM, etc.).
2.10. User, selling on the Site, agrees to conduct transactions through the Site in accordance with the terms of the Agreement and within the technical functionality of the Site, subject to technical restrictions. Violation of any of the conditions is a violation of the Agreement.
2.11. The User making a purchase on the Site independently seeks, studies, and accepts the offers of Users, selling on the Site.
2.12. Prices in the offers of Users include the agency fees of SmartShop and commissions of payment systems, i.e. the amount that the User pays.
2.13 Agency services and agency fees.
2.13.1. When a User makes a purchase on the Site, expressing the acceptance of a specific offer of another User, he entrusts SmartShop with the provision of agency and other services provided for by this Agreement, and agrees that given that all registered Site Users have accepted the Agreement, and issuing power of attorney to the agent is not required.
2.13.2. The obligation to pay for the transaction between the Users is considered fulfilled at the time when the funds are credited to the balance of the User selling on the Site.
2.13.3. The User understands and confirms that SmartShop is not a party to the transaction between the Users but acts as an agent on behalf of the User making a purchase on the Site, on his behalf and at his expense, and therefore SmartShop is not responsible for possible actual and/or the legal consequences of a transaction between Users.
2.13.4. A user with objections to the SmartShop report must report them within 24 hours. Otherwise, the report is considered accepted by the User.
2.13.5. Agency fees are paid from each specific transaction between Users who make purchases and sales on the Site. This fee is paid (withheld in favor of SmartShop) by Users making a purchase on the Site at the time of fulfillment of SmartShop's obligation to transfer payment for a User’s transaction concluded through the Site. The amount of remuneration is automatically calculated by the Site within no more than 30% of the transaction price between Users and is taken into account in the amount that is displayed to Users who make a purchase on the Site immediately before the transaction.
2.13.6. The expenses incurred by SmartShop during the execution of the Agreement are compensated by the Users making a purchase on the Site.
2.13.7. If the transaction is not executed by the User, the SmartShop agency fee calculated from the transaction price is returned to the Buyer in the amount of 50%.
3. CHANGES AND TERMINATION OF AGREEMENT
3.1. This Agreement is valid until terminated by SmartShop. If SmartShop decides to close the Site or otherwise suspend its operation, it will notify the User in advance about its decision. The Agreement is considered terminated from the moment of closing the Site and/or other suspensions of its operation, respectively.
3.2. If the terms of the Agreement will be changed, the User must familiarize themselves with them, and authorization on the Site by entering his own e-mail and password after the entry into force of the new version of the Agreement means its full acceptance.
In case of disagreement with the new version of the Agreement, the User must stop using the Site.
3.3. SmartShop has the right to unilaterally refuse to execute the Agreement if the User has violated any of the terms of the Agreement. The Agreement is considered terminated out of court at the time of the actual deprivation of the User authorized access to the Site.
3.4. SmartShop has the right to refuse to conclude an Agreement if the User has previously violated the license terms of the Site or any other agreements concluded with SmartShop, or to refuse to execute the Agreement unilaterally at any time without any monetary compensation.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The SmartShop Service and all related intellectual property rights, including copyrights to text, drawings, images, databases, audio, and video contained on the SmartShop Website (hereinafter “Copyright and Intellectual Property Rights”), are the property of SmartShop.
4.2. SmartShop has the right at any time to transfer in whole or in part all Copyright and intellectual property rights to a third party without notifying and providing such information to the User, by providing an exclusive or exclusive license to use Copyright and intellectual property rights.
4.3. The User acknowledges all copyrights and intellectual property rights and at the same time declares that he will always use and respect all copyright and intellectual property rights when using the Site.
5.1. SmartShop is not responsible for any errors or defects of the Site, as well as for any other forms of incorrect operation of the Site that are beyond our competence.
5.2. SmartShop does not bear any responsibility for the suitability of SmartShop for the intended purposes of the User.
5.3. The User is responsible for any use of the Site and SmartShop data that violates this Agreement, as well as for any other illegal or illegal use of the Site.
5.5. In case if SmartShop’s employees detect that the User, selling on the Site, has several accounts on the Site, SmartShop immediately blocks the identified accounts, including blocking access to such accounts of the User, selling on the Site through them. In this case, all funds on the balance of the User, selling on the Site, should be transferred to SmartShop as penalties and are not refundable.
5.6. In case if SmartShop’ employees detect the presence of advertising materials in the account of the User, selling on the Site, as well as links to third-party resources (sites) that are not the subject of the sale of this User, SmartShop immediately blocks such User's account. In this case, all funds on the balance of the User, selling on the Site, become the property of SmartShop as penalties and cannot be returned.
5.7. Neither the User nor SmartShop are responsible for the failure to fulfill their obligations caused by force majeure circumstances.
6. OTHER CONDITIONS
6.1. SmartShop is not responsible for any actions on the Site unless such actions have been undertaken by SmartShop and/or its employees intentionally in order to violate the terms of the Agreement.
6.2. The name of the Site and the domain name are protected means of individualization. Their use without the consent of the copyright holder is unacceptable.
6.3. SmartShop has the right to send to the User via the interface of the Site and/or via e-mail messages of various nature relating exclusively to SmartShop, the Site, the Agreement, and services.
6.4. E-mails (and attachments to them) - documents sent using e-mail (e-mail), as well as documents sent through an account on the Site (notifications of data changes, user requests, messages, etc.) are recognized by the Parties as such equivalent documents on paper signed by the handwritten signature of the Party concerned.
The proper e-mail addresses are: on the SmartShop side, the e-mail addresses indicated on the Site, and on the User’s side, this is the e-mail address specified by him when concluding the Agreement.
7. CONTACT INFO
Telegram(abuse. Tech support is not available): @sashafarmfb