End-user License Agreement
OOO “BuynGrab” referred to as a “Seller” in the future, post this document that is Public offer in accordance with Article 369 of the Civil Code of the Republic of Uzbekistan addressed to capable individuals- Buyers, and expresses the intention to consider themselves to have entered into the Public offer( further referred to as Agreement) with Buyer, accepting to make an agreement on following conditions:
This Agreement is BuynGrab’s public offer to any buyer for making an End-user License agreement in below mentioned conditions. User has to read the real Agreement before using the online website. The fact of registration on the website or application, using any function, software capabilities of the online website means full and unconditional acceptance of the real Agreement by a User.
Terms and definitions
Terms Definitions
«BuynGrab» Limited Liability Company “BuynGrab”
«Authorization» The process of Buyer’s identification by entering login(e-mail), contact number and password for having access to personal account.
«Database BuynGrab» Information-support system, consisting of information about goods and services for potential buyers(users) of goods(services).
«Blocking of personal account» Prohibiting for implementation of User`s actions on the Online website
«Placing an order» Buyer’s actions, aimed at making a contract about purchase and sale of goods with a Seller and/or with BuynGrab. Each order is given individual numbers.
«Code» Personal identification number, serving for additional service’s protection from getting unauthorized orders, which is equivalent to the Buyer’s own signature.
«Personal account» Personal and not available to third parties, the part Internet-store, that is individual to each User serving for placing an order and registration of services, and also getting specialized offers in accordance with current User-end License agreement, access to it happens after registration with entering User’s login and password in BuynGrab.
«Online website» This website https://buyngrab.com/, integrated with computer programs for database BuynGrab, and also mobile application developed by a Buyngrab, domain was registered by Deveoper, and which is used by BuynGrab for fulfilling the obligations of the current Contract. Additionally, it also represents a set of intellectual property objects, to be more precise software, database, design, and also information, posted on the website by Agent and/or Buyngrab. Domain, nomination of the website may be changed at the discretion of the Buyngrab.
«Fraudulent activities» Actions committed for selfish purposes by means of deception and/or abuse of trust, and aimed at illegally taking BuynGrab, Sellers and/or other Buyer’ another properties(cash and other materialistic values) . These actions are considered to be crime according to Art. 168 of the Criminal Code of the Republic of Uzbekistan and are prosecuted in accordance with the procedure established by law.
«Buyer » Physical person, having intention to order or buy ordering, buying Goods(job, service) from Seller in distance by placing an order in Seller’s internet store on the Online website or using product ( result of the work, service) for consumption purposes only ( for personal, family, household and other everyday needs (goals) not related to commercial activities.
«Privacy policy» Organizational and technical measures taking by BuynGrab for protection of Buyer’s personal data from unauthorized access, destruction, correction, blocking, copying, spreading, and also from other unauthorized actions of third parties.
«Seller» Individual entrepreneur , legal entity or professional income tax payers, carrying out activities on sales of goods to Buyers throw online website by using remote method and ones who passed registration process on the Online website.
«Agreement» The real User-end License Agreement defines conditions of using Online website.
«Goods» Defines goods, which are the subject of the purchase-sale agreement between Buyer and Seller freely available in civil circulation and not prohibited by the legislation of the Republic of Uzbekistan.
1.The purpose of the agreement
The real agreement regulates relationship between BuynGrab and Buyer arising while using the Online website.
2. General provisions
Conditions of using website, plus registration rules, posting advertisements and purchase of paid services, and also questions related to payment procedure and making complaints are written in the Rules. Each user of the website has to read the content of the Rules.
3. Guests can use only limited functions of the website on conditions written in the real Rules, in accordance with laws and principles of justice.
Content posted on the website including advertisements regardless of their form, i.e. text, graphic and video materials, they , are objects of intellectual property rights, including copyright and industrial property rights of BuynGrab, Sellers or third parties. Without the written consent of an authorized person, this content may not be used in any way. Any aggregation, processing of data and other information available on the Website for the purpose of its further transfer to third parties on other websites and outside the Internet is prohibited. Also, without the consent of BuynGrab, it is prohibited to use the designations of the Website and BuynGrab, including characteristic graphic elements.
4. In accordance with the license provided by BuynGrab, these Rules do not provide consent to the use of BuynGrab's rights or the rights of third parties mentioned in paragraph 2.3, but should not be considered as a waiver of these rights.
5. BuynGrab is not a party of the Contract.
6. The following actions can be performed within the Website:
• a. viewing the content of the Website;
• b. using the Account and related functions, including the BuynGrab Account;
• c. posting Advertisements within the free limits mentioned in Application 3 “Ad Limits”;
• d. paid posting of Advertisements outside of the Limits;
• e. using the Paid Service (including the Promotion Services).
7. Services for viewing the content of the Website, Account and publishing Advertisements within the free Limits are provided free of charge. Other services are paid.
8. The provisions of the Rules apply to Advertisements in the “Real Estate” category, unless otherwise mentioned in Application 1 “BuynGrab Real Estate”.
9. To use the Website in full, the device connected to the Internet must meet the following requirements:
• an uninterrupted Internet connection that allows two-way communication via the HTTPS protocol;
• b. a properly installed and configured web browser of the latest version that supports the HTML5 standard and the Cascading Style Sheets (CSS3) technology, such as Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Internet Explorerж
• c. JavaScript and cookies support are enabled (usually enabled by default in browsers);
• d. for mobile devices: the original version of Android version not lower than 5.0 or the original version of iOS not lower than 10.0, the BuynGrab application must be downloaded from the official store (for example, App Store or Google Play). The website may not be displayed correctly on a TV screen, on Blackberry and Windows Phone screens.
10. BuynGrab makes full effort to maintain the smooth operation of the Website. In an effort to ensure high quality of services and efficient functioning of the Website, BuynGrab reserves the right to suspend the operation of the Website under the conditions described below:
a. Technical breaks may occur at night (22-6), during which some functions of the Website and services provided by BuynGrab may be limited or unavailable.
b. Technical failure - the occurrence of a technical error due to circumstances for which BuynGrab is responsible, as a result of which:
• most or all Users are unable to access the Service;
• key functions of the website are unavailable or do not work correctly, in particular, this concerns the inability to post, display, update or raise Advertisements.
11. Advertisements published on the Website are displayed in the relevant categories in chronological order, i.e. according to the following principle: the later the User publishes the Advertisement, the higher it is in the list taking into account the Advertising Services. Only active Advertisements within the Advertising Services are displayed on the main page of the Website - the titles of paid Advertisements in rotation are displayed on the main page of the Website.
12. Users communicating with other Users via the chat function on the Website acknowledge that these conversations are not confidential and their contents may be collected by BuynGrab. By accepting these Rules, the User acknowledges that BuynGrab has the right to access and analyze the contents of conversations conducted via the chat function on the Website in order to improve the security of Users, preventing abuse and improving the quality of the Website. More detailed information on how and why BuynGrab accesses and analyzes the contents of conversations conducted via the chat function on the Website can be found in the Privacy Policy.
Account
13. In order to fully benefit from the functionality of the Services, the Guest must register an Account and begin using the Website as a registered User. The Account provides, among other things, the following functions of the Website:
• a. publishing and managing published Advertisements;
• b. viewing Advertisements of other Users;
• c. managing payments and invoices related to the services provided on the BuynGrab Website;
• d. sending messages to other Users and receiving messages from them;
• e. ordering Advertising Services.
14. The User may only be an individual with the appropriate level of legal capacity, a legal entity or a separate division. In the case of legal entities and separate divisions, only a person authorized to act on their behalf may create an Account and perform any actions on the Website.
15. The User may have only one Account. This rule does not apply if:
• The User has an Account used for personal purposes and a separate Account related to his business activities;
• The User uses different Accounts within the framework of his business activities in connection with the servicing of these Accounts by various representatives or branches of the business conducted by the User, with the proviso that within one of the Accounts there is an active package of Advertisements, and the Advertisements posted in the Accounts are not repeated within the same locations;
• It is necessary to create another Account due to the inability to access the Account (forgotten password).
However, any exceptions in this regard must be verified in detail by BuynGrab, which has the right to suspend the Account during the verification period or delete Accounts in the absence of confirmation of circumstances justifying the application of the above exception.
The above mentioned exceptions do not apply if they are used by the User solely for the purpose of avoiding payment for services provided within the Service.
16. To register an Account, you need:
• a. fill in the form available on the Website and provide the required data, including your email address or phone number and a unique password or authentication through an external service provider such as Facebook, Google or Apple;
• b. read the Rules and their appendices, accepting their terms.
17. BuynGrab processes personal data of Users, persons acting on behalf of Users and Guests in accordance with the terms of the Privacy Policy and the Policy on cookies and similar technologies.
18. After filling in the data required for registration, a confirmation of Account registration, a link to activate the Account and the current Rules will be sent to the email address specified by the User. If a mobile phone number is used to register the User, an SMS with a password for activating the Account will be sent to the specified number. Registration ends when the User activates the Account. At this stage, an agreement for servicing the Account is made. The activation link expires 30 days after receiving the email confirming the registration of the Account; if activation is not performed during this period, the Account will not be activated. The User can register again using the same email address only by contacting BuynGrab via the feedback form.
19. The User guarantees that the data provided during Registration and during use of the Website is accurate, correct and current, and that he/she has the right to use this data. The User undertakes to update the data if it changes. BuynGrab reserves the right to block the Account if the data provided does not meet the above mentioned requirements, in accordance with the procedure set out in Section 10 of the Rules.
20. A person using the Website on behalf of a User who is a legal entity or a separate division confirms that he/she is authorized to act and perform all actions on the Website on behalf of such User.
21. The User undertakes to keep the data access to the Account secret and protect it from access by unauthorized third parties. The User should immediately inform BuynGrab if he/she becomes aware that unauthorized third parties have gained access to the Account and, if possible, should immediately change the data, that will provide access to their accounts.
22. The Account Maintenance Agreement is made for an indefinite period after its activation. The Account Maintenance Agreement may be terminated by the User for the following rules:
• a. the right to delete the Account does not affect the User’s right to withdraw from the agreement or terminate it, as provided by law and these Rules;
• b. The Account can be deleted by: (i) selecting the relevant option on the Account panel, (ii) sending a request for deletion via the feedback form, or (iii) sending a notification of deletion in written form to BuynGrab;
• c. after the User deletes the Account, the remaining agreements between BuynGrab and the User regarding the services provided on the Website will be unactivated;
• d. the termination of the Account Agreement will be activated immediately (for the future), which means that payments made by the User will not be refunded. BuynGrab is also not obliged to refund the equivalent of unused amounts under the Paid Services;
• e. after deleting the Account or terminating the Account agreement, the User loses access to the information provided or created during the use of the Website.
11. BuynGrab has the right to terminate the agreement with the User if the User:
• has not logged into the Account for 24 months. In this case, the User will no longer be able to use the deleted Account. Information about the termination of the agreement will be sent to the User 30 days in advance to the e-mail address or phone number mentioned during Registration. If the User wishes to continue using the Account using the functions provided for this purpose, he/she will need to log into the Account to do so. BuynGrab's right to terminate the agreement in accordance with this provision does not limit the User's right to re-register on the Website. However, BuynGrab does not guarantee that the User's current name associated with the Account will be available for use during a new registration;
• b. despite BuynGrab's request to cease certain actions or omissions that violate the provisions of the Rules or generally applicable laws, the Rules still remain active as mentioned in the request.
12. In order to ensure the proper functioning of the Service and protect the safety of users, BuynGrab has the right to additionally check the authenticity and veracity of the data provided by the User, to request the User to confirm his/her identity, the information contained in the Advertisement or related to the Transaction being made, using the method selected by BuynGrab. In the case of an unsuccessful attempt to confirm the data or identity of the User, BuynGrab may suspend or block the Account under the conditions set out in Section 10 of the Rules.
13. Client's Cancellation of the Agreement. Within 10 days from the date of conclusion of the agreement with BuynGrab, the Client may cancel it without giving reasons by sending a corresponding statement via the feedback form or to the BuynGrab postal address. After cancellation of the Account maintenance agreement, the effect of other agreements connecting BuynGrab with the User will be terminated. A sample of the cancellation statement that the User can use is provided in the instructions of App. No. 4 "Sample Cancellation Statement".
14. The Account Maintenance Agreement may be terminated by the Business User in accordance with the rules of paragraph 3.10. in case of refusal to accept the changes to the Rules, of which the User will be informed in accordance with paragraph.
15. In such a case, in order to terminate the Account Maintenance Agreement, the Business User must notify BuynGrab of their intention no later than 15 days from the date of notification of the changes. The termination of the above-mentioned Account Maintenance Agreement by the User will be activated in 15 days after the User is notified of the changes to the Rules, unless the Business User refuses to notify their intentions, makes a corresponding statement or takes clear actions on the Website confirming acceptance of such terms (for example, posting a new Advertisement).
16. My resume and Candidate Profile (BETA version).
In the BuynGrab Account, in the Candidate Profile - in the "Looking for a job" tab (also available via "Settings - My resume"), each User can add a document containing their resume, i.e., in particular, education, career development and other personal data (Resume). To use some Account functions, you may need to add a Resume to your Account in the "My resume" tab. The Account allows you to change, add or delete your Resume at any time.
Only a Resume in .doc, .odt, .pdf or .docx formats can be linked to an Account. The size of such a file must not exceed 4 MB.
Only one Resume can be linked to the User Account at a time. Changing or adding a Resume when submitting a job application adds or changes it to the User's account. You can change your Resume in the Candidate Profile - "Looking for a Job" tab (also available through the "Settings - My Resume" tab) and using a special button when submitting a job application using the form on the Service. Depending on the functions available on the Service during the data submission process, the User's Resume may be automatically added to the application submitted by him/her. The User retains control over the submission of his/her Resume to the Employer, i.e. even if it is automatically attached to the application in accordance with the conditions described above, the User can always refuse to add his/her Resume to a specific application using the functionality of the form. When submitting an application, the User also has the option to delete or change the Resume using special buttons on the form.
The Resume is provided by the User, who is also responsible for its content, in particular for the correctness and legality of the data contained in it.
The Resume is not provided to other persons using the Website, except for contacting the Employer through the means available on the Website.
In the BuynGrab Account, in the tab "Looking for a job - Candidate profile", each User can also fill out the Candidate Form, i.e. provide their personal data, such as first and last name, contact details, education, professional experience, skills and interests. The Candidate Form can be edited on an regular basis (the data contained in it can be deleted, added and replaced).
After the candidate form is filled in at least 60%:
we automatically launch the Candidate Profile service in accordance with paragraph 3.15.8 (a);
The User has the option - by selecting the appropriate option - to launch the Candidate Profile service in accordance with paragraph 3.15.8 (b).
17.The Candidate Profile service includes:
(a) providing the User with examples of Advertisements currently available on the Website in the “Jobs” Category, personalized based on the data contained in the Candidate Profile, i.e. those that, according to the automatic assessment made by the BuynGrab tool, best match the User’s profile. The personalized Advertisements referred to in this section may be displayed on the Website in the “Recommended Jobs” tab, as well as on other pages of the Website in dedicated places and through direct communication channels, as selected by the User;
(b) the ability to make available to Employers (only with the explicit consent of the Candidate) their data contained in the Candidate Profile, so that from the moment the option to make the Candidate Profile available to Employers is selected until the moment this option is rejected, a link to the completed Candidate Profile will be automatically added to each response to a vacancy in a manner accessible on the Website. The Candidate Profile accessible via such link will be updated from time to time to reflect the data that the Candidate holds in accordance with paragraph 3.15.6.
9. The Candidate Profile service will be provided until 60% of the data below is removed from the Candidate Profile, but not longer than until the Account is deleted.
10. The link to the content of the Candidate Profile referred to in paragraph 3.15.8 (b) is active only through the Account to which it was sent and only for the period during which this function is activated in the Candidate Account.
11. The Candidate Profile service described above is under development - BETA version, which means that this service or some of its functions or solutions may not be available to Users or may not work correctly.
4. Buyer's refusal of the Goods without claims regarding their quality
4.1. The Buyer has the right to refuse the Goods of proper quality at any time before their transfer, and after the transfer of the Goods, if the goods do not have any defects, but do not fit in size, color, technical characteristics and for other reasons, has the right, within 10 calendar days from the date of purchase (for food products - 24 hours), to return, exchange non-food goods of proper quality for a similar one from the Seller where it was purchased, and receive a refund.
4.2. The return of Goods of proper quality is possible provided that the goods have not been used, the packaging with a barcode (QR code), factory labels, tags, seals are preserved, the presentation, consumer properties, as well as the document confirming the fact and conditions of purchase of the specified Goods are preserved.
4.3. The presentation is recognized as intact provided that the appearance of such Goods together with the consumer packaging of the manufacturer allows its further sale to another buyer. The absence/damage of packaging, traces of use (including single use), which do not allow the Product to be sent for resale, are an obstacle to the further sale of the Product by the Seller and indicate that the product has not retained its marketable appearance.
4.4. Buyers should be familiar with the list of non-food products of proper quality that cannot be returned or exchanged for a similar product, which is regulated by current legislation.
1. Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, devices and equipment, oral hygiene products, spectacle lenses, child care items, medicines).
2. Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products).
3. Perfumes and cosmetics.
4. Textile products (cotton, linen, silk, wool and synthetic fabrics, products made of non-woven materials such as fabrics - tapes, braid, lace and others); cable products (wires, cords, cables); building and finishing materials (linoleum, film, carpeting and others) and other products sold by the meter.
5. Garments and knitwear (garments and knitwear, hosiery and gloves).
6. Products and materials in contact with food products, made of polymeric materials, including for single use (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products).
7. Household chemicals, pesticides and agrochemicals.
8. Furniture (furniture sets and kits).
9. Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, cut precious stones.
10. Automobiles and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other floating craft for household use.
11. Technically complex household goods for which guaranteed periods have been established (household metal-cutting and woodworking machines; household electrical machines and devices; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and facsimile equipment; electronic musical instruments; electronic toys).
12. Animals and plants.
5. Rules for posting Advertisements
1. BuynGrab allows the User to publish Advertisements on the Website. After filling in the relevant form and SMS verification, the User can publish the Advertisement on the Website. SMS verification is performed once and consists of sending a verification code to the phone number specified by the User, which the User then enters into the form. SMS verification may be repeated due to internal security procedures.
2. Advertisements published by the User on the Website are available to all its users. Along with the Advertisement, a contact form will also be available, allowing other users to contact the User who published the Advertisement and send them a message.
3. At the time of publication of the Advertisement, the User provides a non-exclusive, territorially unlimited and free license to record, reproduce and distribute the Advertisement in whole or in part for the purpose of displaying it on the Website - BuynGrab and BuynGrab partners through which the Website is promoted, as well as anywhere via the Internet, including search engines (e.g. Google) and social networks (e.g. Facebook). Providing a license is necessary for the full use of the Service. Due to the particular functions of the Internet, BuynGrab does not have full control over the distribution of content published or transmitted using the functions of the Website to other Users, and is not liable for this to third parties, in particular in the event of copying and distribution of the Advertisement by third parties on websites and portals not associated with the Service.
4. The content of each Advertisement must meet the requirements set out in paragraph 10.1 of the Rules, be truthful, unambiguous and understandable, and also meet the technical requirements listed by BuynGrab. The User may determine the content of the Advertisement within the framework of the law and in accordance with the following requirements:
• a. The Advertisement is written in the State or Russian language, it does not contain words and expressions that are generally considered vulgar or offensive. In the "Work" category, the Advertisement can additionally be written in a foreign language;
• b. The User selects one Category and subcategory corresponding to the topic to which the Advertisement should be assigned;
• c. The User must indicate the final price in the national currency (including VAT, if applicable) and, possibly, indicate that the price is negotiable. The position can be offered free of charge or in exchange for another product or service. This provision does not apply to Advertisements in the "Work", "Business and Services" Categories, for which indicating the reward in the Advertisement is not a mandatory requirement;
• d. The User specifies the condition of the Item (new or used) (except for ads in the Categories/Subcategories "Business and Services", "Work", "Animals", "Real Estate", "Food/Drinks", "Transport", "Other" (in the Category "Hobbies, Leisure and Sports"), "Garden/City", "Tickets", "Antiques/Collections");
• e. the ad must contain a clear, accurate and complete description of the Item, including true and non-misleading information about the features of the Item;
• f. The ad cannot contain contact information - such information can only be specified in the form fields intended for this purpose;
• g. The subject of the Ad can only be an item that the User owns or has the right to dispose of, or advertise (offer for sale). If the Subject of the Ad is located outside the Republic of Uzbekistan, the User is obliged to clearly indicate this in the Ad.
• h. one Ad may offer one Item;
• i. it is necessary to indicate whether the Ad offers one unit, several units or a set/package (a set means a set of elements that make up a single whole). Information about the availability of an Item in different colors or similar versions (except for the categories “Business and Services” and “Work”) may be added to one Ad;
• j. An Ad may not include content such as, in particular, advertising offers and any other advertising information, website addresses and other elements leading users to the resources of companies providing the same or similar services as BuynGrab (i.e. services for publishing offers or advertisements by Internet users).
5. If the User publishes an Ad in the wrong Category, BuynGrab has the right to move it to another Category. But if this change results in the Ad being published beyond the Limit, then such Ad may only be published if payment is made for its publication beyond the limit.
6. The Advertisement position cannot be:
• a. search for Positions (except for Advertisements in the Categories/Subcategories "Business and Services", "Lost and Found", "Mating");
• b. proposals of a romantic, marital, or sexual nature;
• c. prohibited goods listed in App. 5 "Prohibited and Conditionally Permitted Items", as well as any other goods prohibited for sale by current law, stolen goods or goods that have become the subject of a judicial or administrative dispute, goods subject to enforcement proceedings, bankruptcy proceedings, or constituting the property of an entity undergoing rehabilitation.
7. The User publishes Advertisements on the Website as follows:
• a. by clicking on the “Add Ad” icon or similar icon;
• b. by making a payment (for Paid Ads only).
8. Posting of an Advertisement in the Service begins immediately after its publication (except for paid advertisements, the publication of which occurs from the moment payment is received) and continues for another 30 days, but no longer than if one of the following circumstances occurs:
• a. The User sold the Position;
• b. The User changed the Advertisement so that it is indicated in a different position than the one originally described;
• c. The User deleted the Ad.
9. If BuynGrab becomes aware of the occurrence of circumstances specified in paragraphs 4.8.a) or 4.8.b), BuynGrab has the right to remove the Advertisement in accordance with the principles mentioned in Section 10 of the Rules.
10. During the period of posting an Advertisement on the Website, the User may change its content and some parameters, as well as delete this Advertisement. 3 days before the end of the Advertisement posting, the User may extend the Advertisement display time for another 30 days free of charge, but this extension is subject to payment in paid Categories, and in the event of exceeding the Limit in the relevant Category mentioned in App. 3 "Ad Limits".
11. The possibility of changing the content of the Advertisement does not apply to changes in the price or any other parameters of the published Advertisement aimed at avoiding the payment of amounts due to BuynGrab for services provided within the Service, or receiving a refund of funds due to the User, in cases indicated by the Rules. The Location field in the Advertisement in the "Work" category cannot be changed after the Advertisement has been published.
6. Free ads
1. Within the Limit, the User publishes Advertisements on the Website free of charge. Limits for certain Categories, limits for Business Users and situations when the Limit does not apply are mentioned in App.3 "Ad Limits".
2. Within the Limit (free Advertisements), the User can simultaneously publish 776 active Advertisements.
3. BuynGrab Group will inform the User about the finishing of the Limit by sending a message available in the Account. The User's posting of another Advertisement on the Website or in a Category where the Limit has not been provided is paid.
7. Paid ads
1. The User may place a paid Advertisement on the Website after the User has purchased:
• a. one Advertisement according to the established price;
• b. one Advertisement together with a package of Paid Services - One Premium Advertisement according to App.6 "Start and Premium Packages";
• c. the Advertising package available in the website offer in accordance with Appendix 6 "Start and Premium Packages", with the proviso that in case of purchasing a package of Advertisements before using the Limit, the paid package will be used first.
2. The purchase of a package of Advertisements or a single Advertisement is possible through the appropriate form available on the Website.
3. The purchase of a package of Advertisements by the User results in the providing of the "Business User" status to such User.
BuynGrab, based on the analysis of the User's activity on the Website, has the right to classify the User in the "Business User" category, regardless of whether the User classified themselves in this category when publishing the advertisement. To classify the User in the "Business" category, it is sufficient for the User's actions to contain one of the following characteristics:
• use of professional photographs (stock photographs) when posting an ad;
• having in the ad text of a link to a website/website page;
• having in the ad text of information about the possibility of choosing a different model, availability of the product in the assortment, different sizes of the product, the possibility of ordering the product, provision by the User of a guarantee for the product.
BuynGrab Group classifies the User as a “Business User” for those Categories/subcategories in which the User has performed the actions provided for in this clause of the Rules; for all other Categories/subcategories, the User does not acquire the status of a “Business User”.
4. Activation of paid Advertisements on the Service occurs at the moment the payment is received into the BuynGrab Group account.
5. Advertisement Packages also include Paid Services mentioned in App. 6 “Start and Premium Packages”.
8. Services for Advertisement promotion
1. To increase the attractiveness of the Advertisement, the User can use paid Promotion Services in the form of Advertisement Boost, Top Advertisement and VIP Advertisement, as described in detail in App. 2 “Promotion Services”.
2. The User can use any Promotion Services during the posting or display of the Advertisement.
3. Advertisement Promotion Services and packages are valid for one Advertisement, i.e. it is not possible to use a package of such services for different Advertisements.
4. Promotion Services are also available in packages, as mentioned in paragraph 2 of App. 2 “Promotion Services”. The activation of a Promotion Services package occurs when you start using the Promotion Services included in the package. The rules regarding the Promotion Services included in the package also apply.
5. BuynGrab Group is not responsible for the effectiveness of the Promotion Services, understood as an actual increase in interest in the Advertisement or its position.
9. Payment
1. The User will be visually informed on the Website about the current price of the selected Paid Services. All prices indicated on the Website are gross prices (including value added tax) expressed in the national currency (UZS).
2. Payments made within the Service must be made in advance - in the full amount necessary to order a given Paid Service, before the start of its provision - using the payment forms provided by BuynGrab Group.
3. The provision of the Paid Service must begin after the full payment for such Paid Service has been credited to the BuynGrab Group account.
4. At their own discretion, the User may make a payment using one of the available payment methods in accordance with the information provided during the selection of this service, adhering to the payment instructions in the BuynGrab Account.
5. Using any of the payment methods (except for payments from the BuynGrab Account) will require establishing a separate legal relationship with the provider of this payment service and accepting its rules. BuynGrab Group is not a party to such relationships and has no ability to interfere with their content or execution. In the event of problems with payment, the user should contact the relevant operator to clarify any doubts or file a complaint. However, in exceptional cases and within the technical and organizational capabilities of BuynGrab Group, BuynGrab Group can help the User clarify the problem. BuynGrab Group is not responsible for payment services provided by an external service provider.
6. Acceptance certificates can be provided to Business Users who are individual entrepreneurs or legal entities only in the case of payment made directly to BuynGrab Group on the basis of an invoice without using the services of payment providers.
7. In the event of early termination of the Advertisement due to its deletion by the User, if the Position was sold or the User changed the subject of the Advertisement in such a way that a different Position is indicated, and not the one originally designated, the fee charged for posting this Advertisement and related Paid Services for the unused period is not refunded.
8. Advertisements that violate the law or these Rules, in particular those added to the wrong category, similar or duplicate, repeated multiple times (spam), containing offensive or pornographic materials, attempts at fraud, infringing copyrights, will be removed, and the previously charged fee for posting the Advertisement and Paid Services related to this Advertisement will be returned to the User's account on BuynGrab - the "Refunds" account. At the User's request, the payment amount can be returned directly to the bank account from which the payment was made. If the Advertisement is removed after being posted on the Website, the User will be charged for the services provided until the Advertisement is removed from the Website. If the Advertisement is deleted after being posted on the Website with the option to edit, the funds collected for the Paid Services related to this Advertisement are not refunded, since the User can use the Paid Service within the term of its validity after the violations have been corrected and the Advertisement has been published.
9. Refunds to the bank account are made through the payment partner through which the User replenished the BuynGrab Account. Refunds can only be made within the same month (from the 1st to the 25th inclusive) in which such funds were deposited into the BuynGrab Account. In other cases, funds cannot be refunded due to legal restrictions.
10. Funds for properly rendered services are not refundable. In the event that BuynGrab Group finds a possibility to refund funds for properly rendered services, such funds can in any case be refunded no more than once every 6 (six) months to one Account.
10. BuynGrab Account Service
1. As part of the BuynGrab Account, BuynGrab Group allows the User to use the BuynGrab Account service free of charge, which simplifies settlements with BuynGrab Group for ordered Paid Services. For the avoidance of doubt, the BuynGrab Account service is not a payment service, and the units transferred to the BuynGrab Account are not electronic money in the context of the provisions on the provision of payment services.
2. The use of the BuynGrab Account is subject to the following rules:
• a. The User will make a deposit to the BuynGrab Account by depositing funds to the BuynGrab Group account in one of the accepted currencies in accordance with the information provided in the Service;
• b. Once the payment has been credited to the BuynGrab Group account, BuynGrab Group will assign to the BuynGrab Account of that User a number of units equal to the amount paid. This amount is updated on an ongoing basis after each transaction by the User that results in a change in its amount (a deposit results in an increase in the amount of units in the BuynGrab Account), payment for a specific Paid Service results in a decrease in the amount of units in the BuynGrab Account);
• c. The User may fully dispose of the funds assigned to his BuynGrab Account for the entire term of the Account service agreement, provided that the Account is active;
• d. In the event of payments being made from the BuynGrab Account for a specific Paid Service, BuynGrab Group will deduct from the BuynGrab Account of the User the corresponding amount due for the provision of the specific Paid Service (balance reduction).
3. The User may at any time request a refund of funds deposited into the BuynGrab Account in any amount not exceeding the balance of the BuynGrab Account, taking into account payments and top-ups made by the User. This request is sent via the feedback form.
4. The refund from the BuynGrab Account will be made without undue delay by transferring them to the bank account from which the payment was made, taking into account the provisions of paragraph 8.9. of the Rules. The request for a refund from the BuynGrab account does not apply to bonuses transferred to the Account as part of promotions, competitions, and bonuses available in Premium Packages in accordance with App. 6 "Starter and Premium Packages". Promotional points are awarded each time in accordance with separate rules for holding promotions and are valid for 30 days from the date of their accrual. They can be used in accordance with the rules specified in these rules.
Refunds to a bank account are made through the payment partner through which the User replenished the BuynGrab Account. Refunds can only be made within the same month (from 01 to 25 inclusive) in which such funds were deposited into the BuynGrab Account. In other cases, funds cannot be returned due to legal restrictions.
11. Rights and obligations of the parties
11.1. Buyer:
11.1.1. Understands that any action taken from his Personal Account using his Account is considered an action taken by the Buyer himself.
11.1.2. By performing actions on the Online website from his Account, confirms that he has read the text of this User Agreement and undertakes to comply with its terms.
11.1.3. Carefully check the correctness of the selected Order (amount, selected Product, quantity of Product, etc.) before paying for it.
11.1.4. Undertakes not to transfer his login (phone number) and password to third parties, and thereby is solely responsible for the safety of the login (phone number) and password.
11.1.5. Must provide true, accurate and complete information about himself in the Personal Account and keep this information up to date.
11.1.6. Obliged to immediately notify BuynGrab of any unauthorized (not authorized by the Buyer) access to the Personal Account using the Buyer's account and / or any violation (suspected violation) of confidentiality and access to the Personal Account.
11.1.7. Has no right to re-create the Account on the Online website if access to the Personal Account is blocked, deleted and / or suspended.
11.1.8. Realizes that all claims regarding the quality of the Goods purchased through the Online website are made to the relevant Seller.
11.1.9. Undertakes to comply with the legislation of the Republic of Uzbekistan and international standards governing commercial activities, as well as the rights and interests of third parties when using the Online website.
11.1.10. Before concluding the Agreement, familiarize yourself with the content of the User Agreement, the terms of payment and delivery on the store's website.
11.1.11. Provide accurate information about yourself (full name, contact phone numbers, email address) and details for delivery of the Product.
11.1.12. Must accept and pay for the Product within the timeframes specified in this User Agreement.
11.1.13. Must comply with the terms of participation in current promotions.
11.1.14. Has the right to publish reviews of products purchased using the Online Website.
11.2. BuynGrab:
11.2.1. Has the right to take any reasonable measures to identify and prevent illegal actions using the Online Website.
11.2.2. Has the right to request an identity document of the Buyer (scanned copy) and a photograph of the purchase (screenshot).
11.2.3. Is not responsible for the inaccuracy of the data on the bank card, electronic money account and phone number provided by the Buyer.
11.2.4. Has the right to make changes to the User Agreement unilaterally.
11.2.5. Has the right to refuse to transfer the goods to the Buyer's ownership in the event of a violation of the terms of participation in promotions.
11.2.6. Has the right to demand to present a passport if this is due to the characteristics of the goods and the terms of the promotion.
11.2.7. Has the right to prohibit the publication of a Buyer's review of the purchased goods in cases where such a review:
• contains insults, rude statements or obscene language;
• duplicates previously published reviews, contains repetitive text templates and wording;
• contains a photo that does not relate to the product or a photo of an intimate product in use;
• contains advertising materials;
• does not relate to the purchased product, does not contain information or opinions about it (however, the complete absence of text in the review is not grounds for its rejection); contains propaganda.
12. Ratings and reviews
1. The Service provides a rating and review system that allows the User to leave a subjective assessment of business sellers regarding their transaction experience with such a seller. Transaction experience is understood, in particular, as: providing Users with a clear and reliable description of the Product, the form and method of communication between Users, responsiveness, involvement, time of dispatch and delivery of the purchased Product, punctuality. The final basis for the assessment may be any interaction between Users, and not necessarily the conclusion of a transaction (deal).
2. The rating is issued in the manner, form, terms and categories specified on the Site. The rating will be presented on the Site in the User's ads on a scale from 1 to 10 (up to one decimal place) based on the average level of all ratings provided by Users.
3. A descriptive review is available only to the User in relation to whom it was left, in the account of this user. In addition, such a review will play an auxiliary role for the Company to verify the actions of Users. 4. If a User has been assigned more than one rating by one User, only the last rating left will be included in the User's average rating.
The review must not violate the provisions of the current legislation and must not contain:
• profanity, obscene and pornographic content, or content inciting hatred, racism, xenophobia and ethnic conflicts,
• website addresses or links to other websites,
• advertising content, other commercial content,
• data of Users or other individuals, including, but not limited to: first and last name, place of residence, telephone number, address, bank account number,
• content that violates the rights of third parties, including intellectual property rights, personal rights, including good name, reputation of other Users or third parties,
• content that is the result of an agreement with other Users or third parties with the purpose of influencing the rating or reviews,
• content that is false, slanderous contains manifestations of unfair competition.
5. BuynGrab Group has the right not to include the provided rating in the average User rating, or to delete the rating or review in whole or in part, when the rating or review:
• concerns a user who is not the User being rated,
• is provided by the User in relation to him/herself,
• is provided by the User’s employees, relatives, family, etc.,
• is provided as a result of contact with the User solely for the purpose of assigning a rating and/or assessment (e.g. to artificially inflate or deflate the level of trust in the User),
• was provided from an account with an email address created solely for the purpose of registering an account,
• was provided in a way that indicates automation of the posting, or posting using solutions that avoid network traffic analysis,
• otherwise violates the terms of the Rules
6. With regard to the content of the review, the User grants BuynGrab Group a non-exclusive, territorially unlimited and free license under the conditions specified in paragraph 4.3. of the Rules and other applicable provisions of the Rules.
13. Procedure for filing complaints
1. If there are any failures in the operation of the Service, including in individual technical services, you or the Guest must first contact Customer Support via the feedback form, providing the data necessary to determine the problem.
2. BuynGrab Group makes every effort to provide the highest quality services. Notwithstanding the above, the User has the right to file a complaint free of charge in the event of failure to provide or improper provision of the BuynGrab Group services provided for in the Rules.
3. A complaint can be filed by sending an email via the feedback form, or a letter to the BuynGrab Group address.
4. The complaint must contain at least: the User's first and last name, email address attached to the Account, or the phone number attached to the account (for users registered by phone number), the identification number of the Advertisement, circumstances supporting the complaint, as well as the User's request related to the complaint.
5. If the data or information provided in the complaint does not allow it to be recognized, BuynGrab Group will ask the User to clarify any unclear points or provide additional information, clearly indicating the doubts or requirements, if BuynGrab Group needs to recognize the complaint.
6. BuynGrab Group will recognize the complaint within 15 days of its receipt or receipt of additional information specified in paragraph 12.5 of the Rules. BuynGrab Group's response to the complaint must be sent to the e-mail address attached to the Account, unless the User requests that the response be sent to the postal address specified in the complaint.
14. E-mail newsletter policy
14.1. By using the Online website, the Buyer gives his consent to receive messages of an advertising nature.
14.2. If the Buyer wishes to refuse to receive informational electronic messages, he has the right to notify the Site Administration, after which the sending of informational electronic messages to the User's email address and/or subscriber phone number will immediately cease.
15. Limitation of Liability
15.1. The Online Website is provided "as is", i.e. this means that BuynGrab is not responsible for any problems that arise during installation, updating, support and operation of the Online Website (including compatibility issues with other software products (packages, drivers, etc.), discrepancies between the results of using the Online Website and the Buyer's expectations, etc.).
15.2. The Buyer understands that he/she is personally responsible for any problems related to incompatibility and conflicts of the Online Website with other software used by the Buyer.
15.3. BuynGrab does not guarantee that the Online Website:
15.3.1. Meets or will meet the Buyer's requirements.
15.3.2. Will be provided continuously, quickly, reliably and without errors.
15.3.3. The services and information obtained using the Online website will, as far as possible, meet the Buyer's expectations and correspond to the high quality and requirements for goods (works, services) imposed by law and the Online website policy.
15.4. BuynGrab is not responsible, does not compensate and is not liable for any damages, including lost profits, moral and other harm caused to the Buyer or third parties as a result of their use of the Online website, or in connection with the functioning of the Online website, including for damages associated with making any decisions and actions based on the information posted on the Online website.
15.5. BuynGrab is not liable for transactions between the Buyer and the Seller concluded through the use of the Online website, including for the services of third parties that the Buyer uses to pay for purchases in BuynGrab (services of mobile operators, services of electronic payment systems, etc.).
15.6. BuynGrab shall not be liable for any information, materials posted on the Online website, which the Buyer gains access to using the Online website, as well as for the availability of such sites or content and the consequences of their use by the Buyer.
15.7. BuynGrab shall not be liable for actions taken in the Buyer's Personal Account by third parties who received the Account as a result of their illegal actions.
16. Intellectual property
16.1. The owner of exclusive rights to the Online website, including but not limited to the rights to the domain name, the logo of the Online website and the database is BuynGrab.
16.2. The Buyer has no right to use the Online website in ways not provided for by the Agreement, including extracting information in any form in ways not provided for by the Agreement.
16.3. For the purpose of executing the Agreement, holding competitions, promotions, announcing and informing Buyers and other similar events, exercising the legal rights and interests of BuynGrab and ensuring the functioning of the Online website, the Buyer grants BuynGrab a worldwide, perpetual right to use photographs, texts of product reviews that he leaves publicly on the Internet) in any way on all known or unknown information media for the entire term of the exclusive right, as well as to transfer such right to third parties, both with and without indicating the name of the author.
16.4. Each buyer/user upon registration agrees to the user content policy (we will insert a link to the document in the highlighted text) when using the BuynGrab service, the website https://buyngrab.com/ and the BuynGrab mobile application.
16.5. Each buyer/user upon registration, as well as when using the BuynGrab service, the website https://buyngrab.com/ and the BuynGrab mobile application, gives their consent to familiarize themselves with the information that is located on the website or in the application in the section called Media.
17. Correction of the Agreement
17.1. The Agreement may be amended by BuynGrab without any special notice, the new version of the Agreement shall enter into force from the moment of its posting on the Online website unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always located on the page at https://buyngrab.com/.
18. Final Provisions
18.1. The Agreement is considered concluded at the moment of the Buyer’s registration on the Online Website.
18.2. If for any reason one or more provisions of this Agreement are deemed invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions of the Agreement.
18.3. This Agreement is drawn up in two languages: Uzbek and Russian, which have equal legal force.