This Agreement governs the User’s use of the Site
https://спгмаркет.рф/ and establishes the related civil rights and obligations of the User and the Site Administrator (hereinafter referred to as the “Agreement”).
By using the Site, the User hereby accepts and undertakes to comply with all conditions of this Agreement without exception. If the User does not agree with the terms of the Agreement, in whole or in part, they undertake to cease any use of the Site.1. Terms and DefinitionsThe terms below have the following meanings in the Agreement:- Authorization – The process by which the Site’s software analyzes the Authentication Data entered by the User, as a result of which the User is granted the ability to use the Site’s functionalities, including access to the Personal Account.
- Account – The User’s account, consisting of unique data: login (mobile phone number, email address, or other character combination assigned/chosen by the User during Registration), password (a random combination of characters chosen by the User, which, together with the login, is an obligatory part of User authentication during Authorization), and other information about the User specified in the Personal Account, used for the User’s identification and Authorization.
- Authentication Data – Login (mobile phone number, email address, or other character combination assigned/chosen by the User during Registration) and password (a random combination of characters chosen by the User, which, together with the login, is an obligatory part of User authentication during Authorization).
- Site Administrator – JSC “Attractor” (OGRN: 1227800032503, INN: 7806596568, KPP: 470701001, address: 188480, Leningrad Region, Kingiseppsky District, Kingisepp, Teatralnaya St., bld. 1, office 7), which is the rights holder of the Site and/or authorized by the rights holder of the Site to exercise the powers of the Site Administrator.
- Site Use – Any action and/or interaction of the User with the Site and/or any of its functionalities, including, but not limited to, sending requests, commands, and activating the Site’s functionalities.
- Personal Account – A personalized section of the Site, closed to public access, through which the User uses the Site under the terms of this Agreement and the documents posted on the Site that regulate specific legal relations between the User and the Site Administrator and/or third parties.
- User – A legal entity or individual entrepreneur who has entered into this Agreement with the Site Administrator, represented by an adult, capable representative (an individual) authorized to use the Site on behalf of the User.
- User Content – Any information and intellectual property results (any informational materials presented in various forms: design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds, and other objects (files), which are the result of intellectual activity or not, the rights to which belong to the User or other persons), posted (uploaded), displayed by the User through the use of the Site, as well as received by the Site Administrator for the purpose of posting them on the Site.
- Registration – A set of User actions, including providing data and other information, performed by the User for the purpose of creating an Account, gaining access to the Personal Account, and the ability to use the Site’s functionality.
- Site – A complex of software and hardware, and software codes, as well as other intellectual property results, located at the link https://спгмаркет.рф/.
- Third-Party Services – Services posted on the Internet, over which the Site Administrator has no management or administration authority. The Site Administrator is not responsible for legal relations arising between the User and Third-Party Services. The User undertakes to independently familiarize themselves with all documents (agreements, policies, etc.) before starting to work with a Third-Party Service.
Any terms and definitions used in the Agreement and not mentioned in this section will be interpreted systematically, in conjunction with other terms, as well as in accordance with the meaning derived from the text of the Agreement. If the meaning of a term cannot be determined from the text of the Agreement, the definition of the corresponding term is determined first in accordance with the current legislation of the Russian Federation, secondly – in accordance with established generally accepted practice on the Internet, and thirdly – based on established judicial practice.
2. General Terms2.1. The Agreement governs the relations between the Site Administrator and the User arising from the gratuitous Use of the Site, and also defines the rights and obligations of the Site Administrator and the User.
2.2. Use of the Site on terms other than those described in the Agreement is not permitted.
2.3. The fact of the User’s Use of the Site, any of its services, or functionality, is a full and unconditional acceptance of this Agreement, ignorance of which does not exempt the User from liability for non-compliance with its terms.
2.4. Before each Use of the Site, the User undertakes to read the text of this Agreement. If the User does not agree with any individual provision or with the Agreement as a whole, they must cease any Use of the Site (its functionality and capabilities). By expressing their consent to the terms of the Agreement or to the changes made to the text of the Agreement, and in conjunction with the fact of continued Use of the Site, the User thereby unconditionally and fully agrees with all the terms of this Agreement.
2.5. The Agreement may be amended by the Site Administrator unilaterally. Before using the Site, the User undertakes to familiarize themselves with the version of the Agreement in effect at the time of starting to use the Site. If the User does not agree with the introduced changes and/or the new version of the Agreement (including any individual provision or the new version of the Agreement as a whole), they must cease any Use of the Site.
2.6. Regarding the functioning and development of the Site, the Site Administrator is guided by the legislation of the Russian Federation, this Agreement, and other special documents that have been or may be developed and adopted by the Site Administrator for the purpose of regulating User access to the Site.
2.7. The User independently provides themselves with the technical means to use the Site. All issues related to the User’s personal computer or personal mobile device, the device’s software, internet connection, and the necessary equipment and software are resolved by the User independently.
2.8. The Parties understand and agree that the Service Administration does not provide the User with communication services, does not organize access for them to information systems of telecommunication networks, including the Internet, and does not engage in the reception, processing, storage, transmission, or delivery of telecommunication messages.
2.9. By following links to Third-Party Services, filling out any feedback forms, subscribing to any newsletters, and using any other Site functions, the User confirms that they have read and agree to the Personal Data Processing Policy and grant the Site Administrator the right to process and use their personal data in various ways in accordance with the requirements of Federal Law of the Russian Federation No. 152-FZ of July 27, 2006, “On Personal Data.”
2.10. When the User interacts with Third-Party Services to fulfill a User command, the Site Administrator may automatically transfer User data requested by the Third-Party Service, as well as generate and provide the User with data received from Third-Party Services, without storing such information on the Site Administrator’s server.
3. Subject of the Agreement. Terms of Site Use3.1. The Site Administrator provides the User with the opportunity to Use the Site free of charge and/or on a paid basis based on separate documents and agreements, and the User undertakes to Use the Site in accordance with and under the terms of this Agreement and the documents regulating the parties’ relations.
3.2. With respect to specific Site functionalities, the Site Administrator may post separate documents for specific types of Users, which regulate the legal relations of the Parties, including paid transactions.
3.3. Site Use is carried out by the User remotely via the Internet. The User undertakes to independently organize and ensure their access (and the availability of such access) to the Internet.
3.4. When the User utilizes the Site’s functionalities, the Site Administrator acts as an information intermediary in accordance with Article 1253.1 of the Civil Code of the Russian Federation. In this case, the Site Administrator, in all instances of transferring and/or receiving User data:
is not the initiator of such data transfer, as the Site carries out such transfer solely based on User requests;
does not alter the data received or transmitted by the User, except for changes made to ensure the technological process of data transmission;
does not analyze or study User data for their compliance with the current legislation of the Russian Federation;
uses machine algorithms, technologies, and protocols that ensure data transmission in encrypted form without access to such data by the Site’s algorithms or Site Administrator’s employees.
3.5. In the event of data transfer between Users using the Site, the Site Administrator is not responsible for the accuracy, relevance, and completeness of the transferred data.
3.6. The Site Administrator is not a party, organizer of legal relations (transactions), buyer, seller, agent, commission agent, attorney, representative of the User, beneficiary, or any other interested party in relation to transactions between Users.
4. Registration4.1. To gain access to the full functionality of the Site and the Personal Account, the User must complete the Registration procedure, as a result of which a unique account (Account) will be created for the User, and access to the Personal Account on the Site will be provided.
4.2. During Registration, the User, who is an authorized representative of a legal entity or an individual entrepreneur, confirms that they are an adult and fully capable individual, legally competent to perform any actions related to the use of the Site, its functionality, as well as to enter into agreements and contracts with the Site Administrator.
4.3. During Registration, the User confirms that they are authorized by law and constituent documents to act without a power of attorney in the interests of a legal entity or individual entrepreneur, or that their authority is confirmed by a power of attorney. The Site Administrator does not verify the User’s authority and relies on the good faith and accuracy of the information provided by the User during Registration.
4.4. The User undertakes to provide accurate and complete information about themselves as requested and to keep this information up to date. If the User provides incorrect information, or if the Site Administrator has grounds to believe that the information provided by the User is incomplete or inaccurate, the Site Administrator has the right, at its sole discretion, to block or delete the User’s Account without the possibility of restoration, including all data in the Account, and to refuse the User further use of the Site.
4.5. The User independently sets a password to access the Personal Account. The Site Administrator may set requirements for the login and password (length, allowed characters, etc.).
4.6. The User is solely responsible for the security of the chosen access credentials to the Personal Account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Site’s functionality performed under the User’s Account. The User undertakes not to transfer access credentials to the User’s Personal Account to third parties under any circumstances (including under contracts or agreements). In this case, all actions within or using the Site’s functionality under the User’s Account are considered to have been performed by the User themselves.
4.7. As part of the Registration procedure, the Site Administrator may conduct user reliability checks within the identification procedure and in accordance with the requirements of current Russian Federation legislation. The assessment of User reliability is carried out to prevent and suppress violations of applicable legislation, ensure security, and protect the interests of other Users.
4.8. Based on the results of the User reliability check, the Site Administrator has the right, based on formed (including subjective) conclusions, to refuse the User Registration, and if such conclusions are formed by the Site Administrator after assigning the User an Account and creating a Personal Account, to suspend and block the User’s access to the Personal Account.
5. Rights and Obligations of the Parties5.1. The Site Administrator has the right to: 5.1.1. Determine the structure, appearance, and content of the Site, as well as the information and materials contained on the Site;
5.1.2. Without any notice and/or explanation of reasons, restrict or prohibit (temporarily or permanently) access to the Site for any User and/or all Users, including in case of the User’s violation of the Agreement and/or applicable Russian Federation law;
5.1.3. Set limits and restrictions on Site Use, its individual functions, and apply them at its sole discretion without prior notice or User consent;
5.1.4. Conduct scheduled and unscheduled maintenance on the Site, for which purpose temporarily suspend the Site’s operation. The Site Administrator may, at its sole discretion, notify the User of the time of such work, and/or their duration, and/or their nature by posting relevant notices on the Site;
5.1.5. Delete the Site without any reason and without warning;
5.1.6. At any time without prior notice to the User, unilaterally restrict, expand, supplement, modify, and otherwise alter the Site’s functionalities, as well as any elements and parts of the Site, and also modify documents related to Site Use;
5.1.7. Post User Content and User information provided by them for posting on the Site, without checking its accuracy, completeness, or relevance, merely performing the function of technical transfer of data provided by the User to the Site;
5.1.8. Delete or block without warning any content (including User Content) that violates and/or may violate Russian Federation legislation, the terms of the Agreement, the rights of other Users or third parties, cause them harm, or threaten their safety;
5.1.9. Resolve issues regarding the procedure for placing advertising on the Site, participation in affiliate programs. The Site Administrator has the right to place advertising and/or other information in any section of the Site, for which the User grants consent in this Agreement;
5.1.10. Post on its own behalf or provide third parties with the opportunity to post documents, offers, information, as well as the technical possibility for Parties to enter into legal relations on the Site. In this case, the Site Administrator is not responsible for interactions between Users that occur outside the Site (including any transactions and other civil law relations). All possible disputes and disagreements are resolved by Users independently without the involvement of the Site Administrator;
5.1.11. Set tariffs for the use of the Site or its individual functionalities, change tariffs unilaterally by posting tariffs on the Site;
5.1.12. Categorize Users, assign Users various conditional designations (including, but not limited to, “Reliable Supplier,” “Documents Verified,” and others) with the User’s acceptance of the following terms and restrictions:
the said designations are established based on the results of the User’s reliability check and may be revoked or changed at any time unilaterally by the Site Administrator;
the said designations do not grant one User competitive or other advantages over other Users, and are not advertising of Users’ activities;
the said designations are purely for reference (informational and catalog) purposes and do not impose any additional obligations on the Site Administrator or other Users;
in case of disagreement with the assigned designations, including assigned User rating categories, the User has the right to refuse to use the Site and send the Site Administrator a notification to block the User’s Personal Account without the possibility of restoration.
5.2. The Site Administrator undertakes to take all possible organizational and technical measures to maintain the Site’s operability.
5.3. The User undertakes to: 5.3.1. Use the Site exclusively on the terms and in accordance with this Agreement, the documents posted on the Site, and the legislation of the Russian Federation;
5.3.2. Not to use devices and other software and hardware that could disrupt the Site’s functioning;
5.3.3. Observe and not violate all rights and legitimate interests of the Site Administrator and third parties (including other Users) when Using the Site;
5.3.4. Immediately inform the Site Administrator of all cases of illegal Site Use by third parties that become known to them;
5.3.5. Independently verify the accuracy, reliability, and relevance of information obtained by the User through Site Use.
5.4. When Using the Site, the
User is prohibited from:
5.4.1. Bypassing technical restrictions on Site Use;
5.4.2. Studying the technology, decompiling, disassembling, modifying, or altering the software on which the Site operates;
5.4.3. Performing actions aimed at disrupting the Site’s functioning and operability; performing actions that could lead to disruption or failure of the Site;
5.4.4. Attempting unauthorized access to the Site’s management and its restricted sections;
5.4.5. Using the Site for the purpose of organizing and conducting computer attacks;
5.4.6. Attempting to gain unauthorized access to another User’s personal information or User database;
5.4.7. Misleading other Users or the Site Administrator, impersonating another person or their representative without sufficient rights, as well as using other forms and methods of illegal representation;
5.4.8. Performing any unlawful actions, using images and statements that promote or incite violence, cruelty, hatred, or disrespect, contain threats, insults, or defamatory information, justify illegal or unscrupulous actions, call for or incite their commission, are aimed at inciting hatred or enmity, do not comply with moral norms or business practices, including using obscene and rude language.
6. Intellectual Property Rights6.1. The Site Administrator hereby declares that it holds exclusive rights to the protected intellectual property results included in the Site, the algorithms underlying the Site’s functionality, individual elements of the Site, as well as other protected intellectual property results that constitute parts of the Site and/or its functionality, and is empowered to dispose of them at its discretion, within the framework of applicable legislation.
6.2. In the event that the Site Administrator is not the rights holder of the protected intellectual property results included in the Site, the Site Administrator guarantees that it will obtain all necessary permissions and authorities from the Rights Holder, and will maintain them in force throughout the term of this Agreement.
6.3. The Agreement does not grant the User any rights to use protected intellectual property results, except as expressly stated in the Agreement.
6.4. Any use of intellectual property results posted on the Site (including elements of the Site’s visual design, symbolism, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Site Administrator or the lawful rights holder is illegal and may lead to legal proceedings and the привлечение (bringing) infringers to civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.
6.5. In the event of the User providing or posting User Content, the User independently and fully bears responsibility for the User Content, including its compliance with current legislation. The User guarantees that the User Content does not violate the legal rights and interests of third parties, including intellectual property rights.
6.6. In the event of the User providing or posting User Content, the User grants the Site Administrator a gratuitous, non-exclusive license to use the User Content in any way, including the right to reproduce, distribute, adapt, create derivative works, as well as the rights to display such content or parts thereof and to make it available to the public. The User grants these rights for the entire term of the exclusive right to such content, including the right to fragmented and anonymous (without attribution) use.
6.7. The Site Administrator has the right to request data from the User to confirm authority and rights regarding User Content.
7. Liability of the Parties7.1. The Site is provided on an “as is” basis. The Site Administrator is not responsible for the accuracy, relevance, or correctness of information obtained by the User through Site Use, including information received from other Users. The Site Administrator provides no guarantees regarding the error-free and uninterrupted operation of the Site or its individual functions, nor their compliance with the User’s specific purposes and expectations.
7.2. Under no circumstances shall the Site Administrator be liable to the User (or any third parties) for damages, including any direct, indirect, intentional, incidental, or consequential damages of any nature, arising from this Agreement and/or from the Use of the Site or the inability to Use the Site (including, but not limited to, damages arising from Site Use – loss of business reputation, work stoppage, technical malfunction, accident or breakdown, or any commercial losses, expenses or losses, as well as lost profits or unjust enrichment), even if the Site Administrator was aware or should have been aware of the possibility of such damages, or the User was warned about the possibility of such damages.
7.3. The Site Administrator’s liability in any case is limited to the amount of 5,000 (five thousand) rubles, in case of fault.
7.4. The Site Administrator takes all reasonable measures and undertakes all expedient actions aimed at maintaining the Site’s operability. The Site Administrator does not provide warranty service for the Site or technical support services for the Site.
7.5. The User is solely responsible for negative consequences related to the use of unlicensed operating systems, untimely operating system updates, absence or untimely updates of antivirus software.
7.6. The Site Administrator is not responsible for the inability to Use the Site, nor does it provide any guarantees regarding potential profitability or other commercially effective results from Site Use.
7.7. For failure to perform or improper performance of obligations undertaken by the User under the Agreement, for violations of the Agreement’s terms, as well as for violation of the guarantees and representations provided by the Agreement, the User is liable in accordance with this Agreement and the legislation of the Russian Federation.
7.8. The User is solely responsible to third parties for their actions related to Site Use, including if such actions lead to the violation of the rights and legitimate interests of third parties, as well as for compliance with legislation when Using the Site.
8. Amendments and Termination of the Agreement8.1. Any violation of the terms of this Agreement by the User leads to the termination of the Agreement.
8.2. The Site Administrator and the User hereby agree that the Site Administrator has the right at any time, without explanation of reasons (and without prior notice), to refuse the Agreement (from fulfilling the Agreement) / terminate the Agreement with the User unilaterally out of court by publishing a relevant notice on the Site. In this case, the Site Administrator does not compensate for any User losses caused by such unilateral refusal / termination of the Agreement and/or related to such unilateral refusal/termination. The Agreement terminates its effect from the moment of publication of this notice (or from the date specified in the relevant notice). The Site Administrator and the User hereby agree that legally significant messages within the meaning of Article 165.1 of the Civil Code of the Russian Federation can be sent to the User on behalf of the Site Administrator, as well as other notices and messages on behalf of the Site Administrator, using the Site’s functionalities. The User and the Site Administrator agree that messages sent in this way have the force of written evidence.
8.3. In the event that the User has paid for the use of the Site according to the tariffs, refunds for the prepaid period in case of the User’s violation of this Agreement are not made.
9. Final Provisions9.1. The Agreement is effective from the moment the User performs conclusive actions (as defined in Section 2 of the Agreement), expressing full and unconditional consent to conclude this Agreement, until the occurrence of the conditions specified in this Agreement, which are grounds for terminating the Agreement.
9.2. The Agreement terminates its effect one (1) year after the User’s last Use of the Site, unless the Agreement is terminated prematurely for other grounds provided for in the Agreement.
9.3. The Site Administrator hereby declares that the legislation of the Russian Federation is to be applied to the rights and obligations of the User and the Site Administrator under the Agreement, regardless of the User’s location.
9.4. All disputes, disagreements, and claims that may arise in connection with the conclusion, execution, termination, or invalidation of the Agreement, the User and the Site Administrator will strive to resolve through negotiations, observing the mandatory pre-trial claim procedure. The period for pre-trial settlement of claims is 30 (thirty) business days from the date of receipt of the relevant claim. However, if the arising disputes cannot be resolved through negotiations, they will be resolved in court in accordance with the legislation of the Russian Federation at the location of the Site Administrator.
9.5. Nothing in this Agreement shall be interpreted in the context of the existence of a joint venture agreement between the Site Administrator and the User.
9.6. This Agreement may be translated into other languages by the Site Administrator and posted on the corresponding page of the site on the Internet. The Russian language version of the Agreement shall prevail.
9.7. The Site Administrator has the right to send Users any information and notices through electronic communication channels (including, about the introduction of new or cancellation of existing Site functionalities, about scheduled and emergency maintenance work temporarily or permanently restricting access to one or more Site functionalities, informational messages about the activities of the Site Administrator and its partners). The Parties recognize the legal force of messages sent through electronic communication channels, including using the identifiers specified by the User during Registration on the Site. Simple printouts (screenshots) of electronic correspondence have full legal force and serve as evidence in disputes, including in court, without additional notarization, except in cases where one of the Parties disputes the fact or content of such correspondence.
Details of the Site Administrator:JSC “Attractor”
OGRN: 1227800032503
INN: 7806596568
KPP: 470701001
Address: 188480, Leningrad Region, Kingiseppsky District, Kingisepp, Teatralnaya St., bld. 1, office 7
Email: info@lng.market
Phone: +7 921 926 3862