User Agreement
This User Agreement (hereinafter referred to as “the Agreement”) governs the legal relationship between the website
https://flagma.com (hereinafter referred to as the Website”) represented by its owner Flagma Inc., Toronto, Canada (hereinafter referred to as “the Administration”) and a legally capable physical or a legal entity (hereinafter referred to as “the User”).
This Agreement is a public contract. Acceptance of the conditions set forth herein means automatic acceptance of its fulfillment.
Terms and definitions
- Website means https://flagma.com is administered by
the Administration and represents a communication platform for placing
temporary classified ad.
- Website administration - Flagma Inc., Toronto, Canada.
- Registered
Website Users mean capable individuals who have reached the age of 18
at the time of registration, as well as legal entities that have
accepted the provisions hereof.
- Unregistered Website Users mean individuals, legal entities that browse the Website without the right to submit ads.
- User/Users means registered and unregistered users.
- Account
means the electronic office of the User created by the Administration.
Using the electronic account, the User can manage their ads on the
Website. Only one user can use an account; transfer of the Account
access from one User to another is not allowed.
- Registration means
provision by the User to the Website Administration of the information
necessary for using the website by filling out the form. Registration is
considered complete from the moment of receipt of the corresponding
notification to the email address, which was provided by the User during
registration.
- Personal data means information or a set of
information about an individual that is identified or can be identified
with its help.
- Paid services - services that the Website Administration provides on a paid basis. The use of paid services is voluntary.
Website Services
- The website provides services for viewing and posting information added by Users with the purpose of:
- sales and/or purchases of goods, works, services;
- employee and/or job offers search;
- offers and/or search for loads and vehicles.
- All
transactions are concluded between Users directly. The Administration
is not a participant in the Users' transactions, but only provides an
online platform for posting information.
- The Administration does
not check the information specified by the Users for accuracy and is not
responsible to any third parties for the accuracy and reliability of
such information.
General provisions
- The Agreement is
deemed to be concluded by the User without any reservations or
exceptions at the time of any interaction of the User with the Website,
and the User confirms their acceptance of all the terms hereof.
- Using any function of the website by the User means User’s acceptance hereof by default.
- If the User does not agree herewith in full or in part, the Administration asks him to quit this website.
- The
registered User additionally agrees with this User Agreement during
registration and during the change of registration data; this is
specified in the corresponding text under the button “Register”.
- The
Administration has the right to change the text hereof unilaterally.
The new edition hereof enters into force from the moment of its posting
on the website https://flagma.com/agreement.
- The user declares and guarantees that all goods, works, and services posted by him on the Site are free from any claims and do not infringe the rights of third parties. The terms and content of goods, works, and services do not violate the norms of current legislation, including but not exclusively in terms of intellectual property rights.
- The
User is solely responsible to third parties for its actions related to
the placement of Ads on the Website, including, but not limited to,
compliance of the content of the User information with the requirements
of current legislation. The User understands and agrees that the
information placed by them should not infringe copyrights, rights to
trademarks and signs for goods and services (trademarks), means of
individualization and/or rights to other objects of intellectual
property owned by third parties. The User independently and at their own
expense undertakes to settle all claims of third parties related to the
placement of such Ads on the Website.
Publication of information (ads) on the Website
- The
Administration has the right to publish completely or in part the
registration data of the User (Account) on the Website and the websites
of partners in any sections. The User agrees that the Administration has
the right to collect, process, use and store the User's Account on the
Website and its data in order to enforce this Agreement.
- A
registered User is personally responsible for the security of their
login-password pair specified during registration or subsequent change,
and is fully responsible for all actions that will be taken by the User
or any other person in the process of using their login-password pair.
The user is obliged to change their password immediately if they have a
suspicion that their login-password pair has become disclosed or can be
used by the third parties.
- User registration data are published on
the Website at the time of registration completion and are checked from
time to time after registration. If the content of the Account violates
the registration rules (including non-specification of the required data
or incorrect specification of the section), this Agreement, or contains
information that contradicts the requirements of the current
legislation, such Account is deleted by the Administration.
- The
User undertakes not to create multiple Accounts on the Website from the
same legal or natural person, including using different company names,
surnames, addresses and other data. In case of violation of this
Regulation, the Administration shall deactivate all Accounts of such
User unilaterally.
- The registered User has the right and
opportunity to remove their Account and their ads independently. To
delete your account, go to your Personal Account. In the sidebar, go to
the "Company Profile" page. From the top menu, go to the "Delete
Account" page.
- Ads requirements:
- accurate, complete and reliable information about the goods, works, services and conditions of their sale and their price;
- sufficient rights for the User to sell goods, works, services;
- availability of necessary permits for the sale of goods, works, services;
- conformity
of the subject of the sale, the terms of the provision of works and
services with the laws of the countries in which they are implemented.
- By posting their information on the Website, the User agrees with the following Rules:
- it is prohibited for one User to publish ads that are the same or similar in meaning;
- it is prohibited to duplicate the same ads from different email addresses/mobile phone numbers;
- it is prohibited to publish an ad in a section that does not correspond to the subject of the announcement;
- one ad posted on the website should not contain several ads (for example, more than one product or service, or one vacancy);
- it is prohibited to publish contact details and website addresses in the title and description of ads;
- it
is prohibited to insert in the ad the links to resources that contain
malicious elements, or links to the main page of the website;
- place an advertisement for a product or service, if such placement may lead to violation of law enforcement;
- when
publishing an advertisement for a service that is subject to licensing,
the User is obliged to indicate the license number and by whom it was
issued;
- it is allowed to place one ad regarding one specific object, property, vacancy, service;
- it is prohibited to publish ads, the title or description of which are logically unrelated and unreadable;
- it is prohibited to publish insults and obscene expressions;
- it is prohibited to publish information that may relate to the collection and storage of personal data of other Users;
- it
is prohibited to publish announcements about earnings on the Internet,
conducting mass electronic mailings, network marketing, work requiring
material investments, erotic and occult services;
- it is prohibited
to publish announcements about goods and services that are prohibited
for publication by the current legislation of Ukraine.
- It is prohibited to place ads advertising the sale of the following goods and services:
- alcoholic, low alcohol beverages, ethyl alcohol and products containing it;
- cigarettes, tobacco products;
- pharmacological
products, medicines. Ads promoting biologically active additives (BAA)
are allowed if the Users are informed that the BAA is not a drug;
- narcotic, psychotropic substances, poisons, toxic substances and their substitutes, as well as ingredients used for their preparation;
- hallucinogenic plants, mushrooms and products derived from them;
- erotic, pornographic materials and intimate items;
- firearms, cold, traumatic weapons, as well as ammunition and accessories to them;
- full degree, course, master's works, lecture notes;
- advertising of financial services without a license;
- poaching tools and equipment (electric fishing rods, nets, traps, etc.), as well as services for their manufacture;
- information databases - customs, state, telephone databases or any other containing personal data;
- special means of active defense used by law enforcement agencies;
- special technical means of obtaining information secretly;
- service unwinding/winding of the vehicle mileage, as well as instruments;
- sale of any other goods, works, services prohibited by law;
- Optical and/or file carriers, individual files with illegal copies of films, music, games, books, software, and other objects of intellectual property, or access to online resources containing such content. Access includes serial numbers, keys, or other means of authorization to software products and games, generators, and other tools intended to remove protection from illegal use;
- The
User agrees and assumes full responsibility for the compliance of the
information placed by him with the requirements of current legislation,
as well as the User is solely responsible for (but not limited to):
- non-observance of the copyrights of third parties, including the use of photographs of third parties;
- unauthorized use of company names;
- unauthorized use of third party logos;
- unauthorized use of marks, including third-party trademarks.
- In
the event of claims from third parties related to the information
posted by the User on the Website, the User undertakes to settle such
claims independently and at their own expense.
- Announcements are
published on the Website at the time of posting and are checked some
time after placement. If the content of the ads violates the Rules for
placing ads, then it is deleted by the Administration. For repeated
violations of the Rules for placing ads or for repeated violations of
the rules, as well as for deliberately false information in the
advertisement posted by the User, the User's Account can be deleted by
the Administration.
- The administration has the right to:
- move ads to other sections of the Website in case of identifying a more appropriate category for their placement;
- move ads to other websites;
- edit or delete User's posts on the Site, if they violate the terms of this agreement, the norms of current legislation, the rights and legitimate interests of third parties, including but not exclusively in the field of intellectual property, and also to delete at its own discretion without stating reasons;
- post User’s publications that are publicly available on partner websites;
- upon
the first request of the relevant authorized (law enforcement) body,
but in accordance with the current legislation, to provide such state
authority with the available information about the User, including
personal data.
Disclaimer
- Administration is not responsible for:
- malfunctions
of the Website caused by interruptions in the operation of equipment
and software, for failures occurring in telecommunications or energy
networks, for failures caused by actions of malicious programs or third
parties;
- content, accuracy, and legality of the information published by the User on the Website;
- lost
profit or harm/damage caused to the User, for any other damages that
may occur when using the Website and the information posted on it;
- any
unauthorized access or use of servers of the Website and/or any
information about Users, which is stored on them, as well as for any
errors, viruses, Trojan horses, etc., which can be transmitted to the
Website or through the Website by third parties;
- the quality,
safety, legality and conformity of the goods or services to their
description, as well as the ability of the User to sell or purchase the
goods/services.
- The Administration does not participate in
transactions between the Users; therefore, it does not bear any
responsibility for these transactions.
- The User agrees to resolve
all disputes with another User independently and to make a complaint to
another User directly without involving the Administration in such
disputes.
- If the User believes that another User has violated their rights, he can file a complaint with the Administration.
- The Administration has the right not to take any action concerning the complaint of the User.
- The
Administration is not responsible for temporary disruptions in access
to the Website due to circumstances that do not depend on the
Administration.
- The Administration is not responsible for any
problems with the Website due to technical disruptions in the operation
of equipment and software.
- The Administration is not responsible
for direct and/or indirect damages, including lost profits, that the
User may incur while using the Website, including due to improper
fulfillment of its obligations by other users of the Website.
- The
Administration is not responsible for the safety of information of the
account, the ability to use the services of the Website, the safety and
the ability to use funds on the user's personal account in case of
blocking/prohibiting the use of the third party services with which the
User registers and/or enters the Website, which are beyond the
Administration control.
Personal data processing
- By
registering on the Website, the User agrees that the personal data
specified by him is publicly available, and the User agrees to the
collection, processing, storage, and use of their personal data by the
Administration. The User also gives their consent to the transfer of
their personal data to third parties, including the transfer of personal
data abroad.
- Personal data processing includes any actions or a
set of actions related to the collection, registration, accumulation,
storage, adaptation, modification, updating, use, distribution,
transfer, deletion of personal data of the User in order to ensure the
Website services operation.
- Personal data shall be processed by the Flagma Inc., registered at the address: 80 Atlantic Avenue, Unit 400, Toronto, Ontario, Canada, M6K 1X9.
- The processing of
the User’s personal data is carried out by the Administration in order
to ensure the functioning of the Website and to provide the User with
personalized services of the Website. Administration is not responsible
for the use of personal data of the User by other persons.
Payment for chargeable services
- The
Administration, at its discretion, has the right to independently
establish the List of Chargeable services of the Website. To use Paid
services, the User must accept the Public Offer Services
Agreement with the Administration.
- By signing the contract
specified in clause 7.1., the User confirms his consent to receive Paid
Services from the Website Administration. The services payment is an
automatic evidence of acceptance of the Public Offer Services Agreement
and deprives the User of the right to refer to
non-conclusion/non-acceptance, misunderstanding, etc. of the terms of
the Offer Agreement on the provision of services.
- All conditions
for the provision of Paid Services are governed by the Agreement
specified in clause 7.1. of this User agreement. In case of
contradictions regarding paid services between this Agreement and the
Public Offer Services Agreement, the Public Offer Services Agreement
shall prevail. In case of contradictions regarding the general terms of
use of the Website, this Agreement prevails.
Reasons of ads deletion
- The Administration has the right to delete the User’s Ad without the consent of the User for the following reasons:
- the User already has an active ad of this product/service on the Website, which is similar by text and/or sense;
- the information in the ad does not correspond to reality, contradicts this Agreement and/or legislation;
- the ad title does not contain information about the proposed/claimed product/service;
- the
photo contains any contact information (phone number, link to the
website), is of poor quality or does not have an obvious semantic
connection with the text of the ad;
- an ad is submitted to a section that does not match the meaning of the ad;
- a
complaint of another User about the violation of their rights,
legitimate interests and/or a request from an authorized state
authority.
- infringement of intellectual property rights of third parties
Duties of the parties
- The User undertakes:
- not to take any actions that may entail a disproportionately large load on the infrastructure of the Website;
- not to use automatic programs to gain access to the Website without the written permission of the Administration;
- not
to change in any way, not to reproduce, not to distribute and not to
present to the public any information contained on the Website (except
for the information provided by the User) without the prior written
permission of the Administration;
- not to hinder or attempt to
hinder the operation of automatic systems or processes, as well as other
activities, in order to prevent or restrict the access to the Website;
- not
to use information provided by other Users for purposes other than to
conduct a transaction directly with this User without the written
permission of another User.
- The User is not allowed:
- to
discuss the actions of the Administration in any other way than by
means of electronic correspondence with the Administration;
- to use the names of Users similar to the names of other Users in order to impersonate them and write messages on their behalf.
- The
Administration undertakes to make every effort to perform their duties
under this Agreement properly, including the normal operation of the
Website services and the non-proliferation to third parties of personal
data provided by the User, except as required by law.
- Administration has the right to:
- restrict the use of the services of the Website;
- modify or discontinue the services of the Website, in whole or in part, with or without notification to the User;
- limit the number of active ads of the User on the Website, as well as the actions of the User on the Website;
- prevent the User from accessing the Website;
- at any time, delete or disable the account of the User with automatic deletion of all the placed ads of the User;
- remove or move any ad posted on the Website for violation hereof;
- transfer
the Website with all its services and content, including personal
information of Users, to its successor and/or other person under
contracts or other grounds;
- at any time to require confirmation
from the User of the data specified during registration and to request
supporting documents in this regard.
Procedure for Handling Claims Regarding the Protection of Intellectual Property Rights
- To complain about a violation of intellectual property rights, one must either send a complaint, for which it is necessary to fill out a form. After the appeal, you will receive its ID.
- The term for considering an appeal is 15 days with the right to extend up to 30 days.
The Administration has the right to request additional information and/or documents.
- The appeal must include:
- the essence and evidence of the violation;
- documents confirming rights to the intellectual property object;
- documents confirming the rights to represent interests (in case of a representative\'s appeal)
;
- As a result of the appeal, the Administration:
- removes goods, works, services from the Site;
- closes access to using the Site;;
- takes no action;
Term of agreement and termination of the website services rendering
- This
Agreement comes into force from the moment the User accepts the terms
of this Agreement and shall be valid for an indefinite period of time.
- The
User has the right to terminate their registration on the Website
unilaterally without prior notice and explanation to the
Administration.
- In case of disagreement of the User with any
amendments to this Agreement or other terms of use of the Website, the
Registered User shall immediately cease any use of the Website by
deleting its account; the Unregistered User is obliged to leave the
website.
- The continued use of the Website is an automatic
confirmation of the User's consent with the changes made by the
Administration.
- Termination of the Agreement at the initiative of the Administration may occur in the following cases:
- violation of the terms hereof;
- performing any actions contrary to the policies of the Website.
Final provisions
- The
Agreement or any part of it may be amended by the Administration
without any special notice to the User. The new edition of the Agreement
comes into effect from the moment it is posted on the Website. The
current version of the Agreement is always available at
https://flagma.com/agreement.
- Messages for the Administration are sent via the
function link “Contact us”, which can be found on
the bottom of all pages of the Website.
- In the event of
disputes/disagreements between the parties, they shall be resolved
through negotiations. In case of impossibility to settle the dispute
through negotiations, the dispute shall be settled in the manner
provided for by the current legislation.
- In cases not stated herein, the parties shall be governed by applicable law.
