1. General terms
1.1. This Agreement defines the terms of use of the https://obyekt.az Service by Users.
1.2. For the purposes of this User Agreement, the following terms and definitions are applied in the following meaning:
1.2.1. Service - the Internet resource (website) located on the Internet at https://obyekt.az, applications and other services for various operating systems, as well as software; the design (graphic layout) of the website, applications and other services; the database; any section (subsection) of the services; as well as information placed in the services by the Administration and Users.
1.2.2. Administration - the Service is administered by the company "OBYEKTAZ MMC" (TIN: 1904473941) created and registered in accordance with the legislation of the Republic of Azerbaijan. All property rights to the Service belong exclusively to the Company.
1.2.3. User - any legally capable person who has accepted the terms of the agreement and uses the services of the Service.
1.2.4. Personal cabinet - the set of data and settings determined (placed) by the User in the User's environment. Any User has the right to only one Personal cabinet.
1.2.5. Personal account - an account for accounting the balance of funds belonging to the User and that can be used for payments only within the Obyekt.az site.
1.2.6. User's personal information - information or a set of information about the User that the User provides about himself, including the User's personal data, information automatically transmitted to the Administration during the use of the Service, including IP address, information from cookies, information about the User's browser and other information about the User, provided voluntarily during registration or during the use of the Service.
1.2.7. Information - any information placed on the Service by the User or the Administration.
1.2.8. Spam - mass, unauthorized and/or unexpected advertising, informational, promotional or other postal and other mailings by recipients.
1.2.9. Service package - a set of services/bonuses/discounts/ads created specifically for users engaged in commercial activities, commercially beneficial and including additional services. When purchasing a package, the User receives certain advantages. The amount paid for the service package is not refundable after its activation.
1.2.10. Discount - reduction of the actual prices of paid Services applied to promote listings.
1.2.11. Property - goods, works, services, material and technical resources, civil and non-property rights.
1.2.12. Parties to this Agreement - the Administration and the User.
1.3. Any terms and concepts used in this User Agreement that are not reflected in the "Terms and definitions" clause will be interpreted in accordance with the meaning arising from the text of the User Agreement. In the event of any disputes regarding the interpretation of a term or definition used in the User Agreement, the interpretation determined by the Administration shall apply.
1.4. The use of the services and materials of the Service is governed by the norms of the current legislation and this Agreement.
1.5. This Agreement is a public offer.
1.6. By using the services of the Service, the User joins this Agreement and accepts the conditions and obligations to comply with the instructions for using the services of the Service.
1.7. When using the Service on behalf of a company, such company accepts this Agreement and its terms.
1.8. The Administration has the right to change the terms of this Agreement unilaterally at any time.
1.9. If the User does not agree with the terms of this Agreement or changes made to it, he must refuse to access the Service and stop using the services of the Service.
1.10. Hereby the Administration offers Users services for placing and searching ads by using the services of the Service.
1.11. The provision of certain services may be governed by special rules and/or agreements.
1.12. The User accepts that all materials and services of the Service or any part of them may be accompanied by advertising. The User agrees that the Administration is not liable for any obligations related to such advertising. The Administration reserves the right to place advertising banners in the gallery of users' ads.
1.13. Registration on the Service is voluntary. In case of registration, the User gains access to additional services of the Service. The Administration reserves the right at any time to request the User to confirm the information provided during registration and supporting documents.
1.14. The User undertakes to keep his password secret. The User is responsible for actions performed using his email address and password, as well as for actions performed in the User's Personal account. The User has the right to use the services of the Service only with his personal email address and password. If the User has reason to suspect unauthorized access to his Personal account, the User undertakes to change his password independently.
1.15. The Administration has the right to use special technical solutions to verify the accuracy of information provided by Users during registration and/or authorization.
1.16. The Administration cannot guarantee that the User is exactly who he is presented as, and that the information provided by the User during registration is true.
1.17. It is recommended that the User communicate with potential counterparties using all tools available on the Service.
1.18. The Administration reserves the right, at its own discretion, to suspend the User's access to services that violate the terms of this Agreement.
1.19. The Service has the right, at its discretion, to restrict or terminate the User's access in case of violation of the rights of other persons or current legislation, as well as for other reasons.
1.20. A User whose access to the services has been suspended or whose data is invalid is not entitled to re-register without the special permission of the Administration. Such a User is also not entitled to use another User's registration data to access the Service and its services.
2. Use of the Service. Placement of listings
2.1. After filling out the special form, the Administration grants the right to place listings on the Service to all registered and unregistered Users.
2.2. The User agrees not to commit actions that may be considered a violation of legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Service.
2.3. All transactions regarding Property are concluded directly between Users. The Service is not a participant and/or intermediary of transactions carried out by Users through the Service. The Administration does not control such transactions and is not responsible for them.
2.4. The User's comments and other notes on the Service must not conflict with the requirements of the law and generally accepted norms of morality.
2.5. The User has been warned that the Administration is not responsible for the User's access to and use of external resources, references to which may be on the Service. The Administration is not responsible for the content of listings, references to other resources and other information indicated in the description of listings.
2.6. In order for the Administration to receive the right to publish ads, data and information provided by the User, the User grants the Administration an everywhere valid, perpetual, irrevocable, non-exclusive right to use, distribute, publish, collect, process, display, copy, reproduce data, descriptions, images, video and audio materials, databases, publications, copyrights and intellectual property rights, as well as any other information on any known or unknown information carriers. The above rights are granted to the Administration free of charge. The User grants all Users of the Service the right of access to the information he has placed. Additionally, the User retains any intellectual property rights to materials placed by him on the Service.
2.7. The Service is not responsible for violation of the rights of third parties in connection with the provision of any information and data by the User.
2.8. The User of the Service undertakes to place listings in accordance with the instructions of the Service and to provide reliable and complete information about the Property and its terms of sale. The User must check the information about the Property indicated in the listing and, upon detecting errors or incomplete data, correct or supplement the necessary information in the listing.
2.9. By placing a listing with Property, the User confirms that he has the right to perform the actions indicated in the listing regarding such Property.
2.10. The User confirms that he has all necessary rights, licenses, and permissions to place information and data in listings on the Service, including all patents, trademarks, trade secrets, intellectual property rights, or an appropriate written agreement, license, or permission from third parties to use their names, images, or other objects.
2.11. The Service has the right to request additional information about the Property posted and/or documentation confirming the data provided by the User. The Service has the right to delay publication until such documentation or information is provided.
2.12. The User has the right to sell any Property belonging to him on the Service, provided that no special permits are required and the current rules of use are observed.
2.13. To maintain high quality of services, the Service reserves the right to limit the number of active listings of the User, as well as to limit the actions of the User on the Service.
2.14. The description of the Property provided by the User in the listing constitutes the terms of sale of this Property.
2.15. The conditions for the provision of the Service indicated in the listing or the terms of sale and the description of the Property, as well as other conditions of the listing, both at the time of placement and later, must not contradict the current legislation and this Agreement. If any condition of the listing is or becomes inconsistent with the current legislation and/or this Agreement due to amendments, such conditions or such listing must be supplemented or changed by the User to eliminate any inconsistencies. If it is impossible to make the appropriate changes, such listing must be deleted by the User. Upon the occurrence of the events specified in this clause, the Administration reserves the right to edit or delete such listings without prior notice to the User.
2.16. Listings are prohibited on the Service whose publication violates current legislation, contradicts generally accepted norms of morality, is offensive or inappropriate, as well as infringes the rights of third parties. The User must ensure that the offer does not violate current legislation and the terms of this Agreement.
2.17. Use of paid services does not guarantee that a listing will not be blocked by the Administration in case of violation of this Agreement. In case of violation of the rules for placing listings, funds paid for services are not refundable.
2.18. It is prohibited to place links in a listing to pages of internet sites containing offers for sale, use or other information about goods and services.
2.19. The User undertakes not to support and not to disseminate information about services provided by:
2.19.1. other marketplaces, internet auctions and/or online stores;
2.19.2. other services that offer goods and services presented on the Service for the same or lower fee;
2.19.3. other services offering goods and services whose sale is prohibited on the Service.
2.20. The User undertakes not to use automatic programs to obtain access to the Service without the written permission of the Administration. The use of computer programs that allow the placement of listings bypassing the usual placement order is prohibited without the written permission of the Administration.
2.21. In addition, the User undertakes:
2.21.1. not to take any actions that may lead to a heavy load on the infrastructure of the Service;
2.21.2. not to copy, reproduce, modify, distribute, or publicly present any information on the Service without the prior written consent of the Administration;
2.21.3. not to interfere with the operation of the Service with the aim of hindering or restricting access to the Service, including not to interfere with the operation of automatic systems or processes;
2.22. Information and data provided by the User and his actions on the Service must not:
2.22.1. contain inaccuracies, incorrectness or deception;
2.22.2. enable fraud, deception or abuse of trust;
2.22.3. lead to transactions involving theft or counterfeit items;
2.22.4. infringe the property of a third party or encroach on its trade secret or right to privacy;
2.22.5. contain information that insults someone's honor, dignity or business reputation;
2.22.6. contain defamation or threats against anyone;
2.22.7. call for the commission of a crime or incite interethnic hostility;
2.22.8. enable, support or call for terrorist or extremist activity;
2.22.9. be obscene or pornographic in nature;
2.22.10. contain computer viruses or other computer programs aimed at causing harm, unauthorized interference, covert interception or appropriation of any system data or system itself or its part, or personal information or other data (including Service data);
2.22.11. contain advertising materials;
2.22.12. infringe intellectual property rights, the right to a citizen's image, or other rights of third parties;
2.22.13. otherwise violate current legislation.
2.23. The User is prohibited from placing listings on the Service, concluding or executing transactions using services that may lead to violation of current legislation by the Service and/or the User.
2.24. The Administration has the right to advertise Property that has been listed on the Service, in a manner different from that indicated by the User when placing the listing.
2.25. The Administration has the right to change, suspend, terminate, or extend the display periods of any listing on the Service for dependent or independent reasons.
2.26. The Administration has the right to suspend the display of any listing at any time due to reasons stated in this Agreement, as well as due to infringement of the rights of other Users or violation of current legislation, as well as for other reasons.
2.27. The Administration has the right to edit listings, move them to other categories, and perform any other actions with Users' listings.
2.28. The Administration has the right to refuse to place (publish) a listing.
2.29. You can familiarize yourself with the requirements for formatting a listing (rules for placing listings on the Service) by following this link.
2.30. The User is fully and exclusively responsible for the content of listings in accordance with current legislation.
3. Paid services
3.1. Users can order paid services on the Service.
3.2. Types of paid services:
3.2.1. Push to top in search
3.2.2. VIP
3.2.3. Premium
3.3. Prices for services, as well as the procedure for ordering paid services, are indicated on the relevant pages of the Service.
3.4. A User who has paid for the services of the Service has the right to apply to the Administration with a request for a refund. When refunding funds, the decision on refund or refusal is made unilaterally by the Administration.
3.5. The Administration has the right to refuse to return funds to the User in the following cases:
3.5.1. the User regularly violates the terms of this Agreement;
3.5.2. if the service has been activated, including if the listing was deleted after moderation;
3.5.3. the User placed a listing about prohibited goods, services or offers;
3.5.4. in case of malfunctions in the payment system. The Service is not responsible for the operation of payment systems through which Users pay for the services of the Service. The issue of refund in this case is resolved individually;
3.5.5. in other cases at the discretion of the Administration.
3.6. The procedure for refunding funds is determined between the Administration and the User for each specific case.
4. Communication
4.1. The Administration has the right to send electronic letters and/or short messages (SMS) to Users to the email addresses and phone numbers provided by them. Messages of the Service may also be published on the Service.
4.2. Additionally, the User understands, accepts and agrees that such letters and messages may include, without limitation: offers from other Users to conclude transactions, offers and other informational and/or advertising messages and other messages. The User understands, accepts and agrees that such messages and/or their individual parts may be advertising in nature and may contain advertising, informational and other announcements.
4.3. Messages published on the Service are considered delivered to the User from the moment they are published.
4.4. The Administration is not responsible for the use and/or sending of messages in the form on the Service by other Users and/or automated systems (robots) posted on the Service.
4.5. The Administration is not responsible for the use by other Users and/or robots of phone numbers and email addresses placed by the User on the pages of the Service.
4.6. The User confirms that the Administration has the right to provide email addresses and phone numbers to third parties for the purpose of sending letters and messages to Users.
4.7. Correspondence of the User with the Administration or moderators of the Service is carried out using the email box indicated on the Service.
4.8. The User is prohibited from posting comments, discussions and other writings about the actions of moderators and the Administration on the Service.
4.9. The User may refuse to receive messages to his phone number or email at any time by sending the appropriate request.
5. Software
5.1. The Administration is the exclusive owner of the domain name on which the site is located, the site itself, mobile applications, as well as all Service and all software of the Service.
5.2. When downloading the software, the Administration grants the User a personal free simple license to use the software without the right to transfer it to third parties.
5.3. According to the functions of the Service, such a license is intended solely to provide the User with the opportunity to use the services of the Service and obtain benefits from them.
5.4. It is prohibited to copy, modify, distribute, sell (realize), exchange or rent in whole or in part any objects of the intellectual property of the Administration (including software), as well as to attempt to hack or obtain the source code of the software without the written permission of the Administration.
6. Limitation of liability
6.1. All information (including personal data) indicated by the User on the Service is placed by the User for the sale (realization) of his Property.
6.2. The User places certain information about himself solely in his own interests, including to simplify communication with the User and/or to identify the User.
6.3. By placing information about himself, the User understands and agrees that such information is placed on the Service in open access, that is, it is available for review to any client or Users of the Service.
6.4. The User understands and accepts all risks associated with such placement of information, including, without limitation: the risk of the email address being added to mailing lists for sending spam messages, the risk of the email address being obtained by various types of fraudsters, the risk of the phone number being obtained by SMS spammers and/or SMS fraudsters, and other risks arising from such placement of information.
6.5. The Service is not an organizer, intermediary, buyer or seller of transactions regarding Property.
6.6. The Service is not responsible for the conclusion and execution (performance) of transactions by Users of the Service, for damage, lost profits, revenues, financial losses or indirect, actual, incidental or punitive damages resulting from the conclusion of transactions by Users or from unlawful actions of any person.
6.7. By using the services of the Service, the User confirms his consent that he uses the Service at his own risk and bears all risks associated with the use of listings posted on the Service.
6.8. The Service is a tool that gives Users the opportunity to place listings about Property whose sale and/or purchase is permitted by law, this Agreement and other rules for using the Service.
6.9. The Service does not always check the listings placed by Users; consequently, quality, safety, legality and conformity of the property to its description, as well as the seller's ability to sell and the buyer's ability to purchase, are beyond the control of the Service.
6.10. The Service cannot control the reliability of information posted by Users in listings.
6.11. The Service, its Administration, management and employees are not responsible for the content of listings placed on the Service, as well as for their reliability.
6.12. The Administration, its management and employees are not responsible for the content of any messages (including those received by Users to their email box and/or mobile phone), as well as for the other use of Users' contact details.
6.13. The User understands that placing a listing on the Service is not a guarantee that any offer, sale and/or acquisition of Goods is genuine and legal. The User makes the decision to perform a transaction independently.
6.14. To the extent permitted by law, the total liability of the Service for any claims is limited to the amount paid by the User for using the services of the Service or (at the discretion of the Service) to the re-provision of such services to the User.
6.15. The User agrees that all disputes between the User and other Users and/or clients of the Service (including those arising from transactions) are resolved independently without involving the Administration.
6.16. The Administration is not responsible for any access to the services of the Service by third parties made without the consent (permission) and/or knowledge of the Administration, and/or for any information about Users (including personal data) obtained in this way.
6.17. The User agrees that the Administration is not liable to the User for any content of the Service and/or any possible or actual losses or damages arising from transactions conducted by the User using information placed on the Service, including information about possible goods or services, as well as any other interactions into which the User enters using information placed on the Service.
6.18. The Administration is not responsible for any software failures, breakdowns and other technical and software malfunctions that may be transmitted to the Service or delivered through the Service by third parties, as well as for errors, software viruses, etc.
6.19. The User undertakes to act solely in accordance with current legislation and this Agreement, and also assumes full responsibility for his actions and inaction on the Service and when using the services of the Service in accordance with the law.
6.20. If the rights of a User of the Service are violated by another User of the Service (illegal use of an intellectual property object, etc.), the User whose rights are violated may submit an appropriate complaint to the Administration or moderators. The Administration undertakes to consider the complaint and, if it is justified, to take measures to stop the violation of the User's rights.
7. Duration of the Terms of Use
7.1. This Agreement comes into force from the moment the User starts using the services of the Service, regardless of the fact of registration on the Service or placement of a listing, and is valid indefinitely.
7.2. The User has the right to terminate his right to use the services of the Service at any time. After that, the User is not entitled to place new Listings.
7.3. The Service has the right, at its own discretion, to suspend the User's access. A User whose access to services is suspended or whose data is inaccurate is not entitled to re-register without the special permission of the Administration, and such a User is not entitled to use another User's registration data to access the Service.
8. Other terms
8.1. In case of disputes, the parties to this Agreement undertake to resolve them through negotiations. Disputes arising in the course of execution of this Agreement and provision of services of the Service shall be resolved in accordance with current legislation.
8.2. The legislation of Azerbaijan applies to all disputes.
8.3. The Service has the right to change this Agreement unilaterally and without notifying Users. The new edition of the Agreement comes into force from the date of its publication on the Service.
8.4. Nothing in the Agreement shall be interpreted as establishing agency relations, partnership relations, joint activity, personal employment relations, or any other relations not expressly provided for in the Agreement between the User and the Administration.
8.5. Recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.
8.6. In case of violation of the provisions of the Agreement by any of the Users, the inaction of the Administration does not deprive the Administration of the right to take actions to protect its interests and rights in the future.
8.7. All other terms and conditions not provided for by this Agreement are regulated individually.
