CONTENTS
№ 1. User Agreement https://lalafo.rs/
Annex 1. Privacy Policy
№ 2. OFFER AGREEMENT FOR THE PROVISION OF PAID SERVICES
№ 3. SPECIAL OFFER Promotion Regulations
User Agreement https://lalafo.rs/
1. General Terms
1.1. This Agreement defines the terms of use of https://lalafo.rs/ Service by the Users
1.2. For the purposes of this User Agreement, the following terms and definitions shall have the following meanings:
1.2.1. Service – An Internet resource (website) located on the Internet at https://lalafo.rs/,
the website applications based on different operating systems and other services, as well as software, design (graphic design) of the site, applications and other services, database, any section (subsection) of the services, as well as information posted on the services by the Administration and Users.
1.2.2. Administration — Limited Liability Company YALLA CLASSIFIEDS OÜ, address: Pärnu Road 22, 10141 Tallinn, Estonia, registered and operating under the laws of Estonia, which runs the Service and owns all exclusive title to the Service, and /or persons duly authorized by it to manage the Service and to provide services to Customers.
1.2.3. User — any capable individual or legal entity that has accepted the terms and conditions of this Agreement and uses the services of the Service.
Based on Article 5n of the European Union Council Regulation No. 833/2014 of July 31, 2014 (with amendments on December 17, 2022) on restrictive measures in connection with Russia's actions destabilizing the situation in Ukraine Users and counterparties of the Service cannot be
- the government of Russia (RF);
- legal entities, organizations or bodies established (registered) in the Russian Federation;
- representatives and/or counterparties of the abovementioned persons who act in their interests
The ban applies to any services (including advertising services) and goods specified in the Regulations.
1.2.4. Personal Area (Account) –a set of data and settings of the User's environment installed (placed) by the User proper. Any User has the right to have only one Personal Account.
1.2.5. User’s Personal Information – information or a set of information about the User that the User provides about himself independently during registration or in the process of using the Service, including the User's personal data, information that is automatically transmitted to the Administration when using the Service, including IP address, cookie, information about the User’s browser and other User data.
1.2.6. Materials– any information/content posted by the User or the Administration on the Service.
1.2.7. Spam — mass postal and other distributions of advertising, information, campaigning or other nature unauthorized and /or unexpected by recipients.
1.2.8. Goods –products, work, services, material and technical resources, as well as other tangible and intangible objects.
1.2.9. Parties to this Agreement – Administration and User.
1.2.10. Paid Services – services that are provided by the Service to the User (Customer) for a fee as provided for by this Agreement, as well as the Offer Agreement for the provision of paid services.
1.2.11. Customer – The User of the Service who ordered the Paid Services, on the terms specified in this Agreement, as well as in the Offer Agreement for the provision of paid services or in separate individual agreements entered into between the Service and such Customer.
1.2.12. Verification– means a verification of the User, which is carried out by entering in the appropriate field on the verification page a special verification code sent by the Administration in an SMS message to the phone number specified by the User on the verification page.
1.3. Any terms and concepts used in this User Agreement that are not indicated in the "Terms and Definitions" paragraph will be interpreted in accordance with the meaning arising from the text of the User Agreement. In case of any disagreement regarding the interpretation of the term or definition used in the User Agreement, the interpretation determined by the Administration will apply.
1.4. The use of materials and services of the Service is governed by the norms of the current legislation, as well as by this Agreement.
1.5. This Agreement is a public offer.
1.6. Using the services of the Service, the User joins this Agreement (accepts it) and accepts its terms and obligations to follow the instructions for using the services of the Service.
1.7. In case of using the Service on behalf of a company, such company accepts this Agreement and its terms and conditions.
1.8. If the User disagrees with the terms and conditions of this Agreement, the User is obliged to refuse access to the Service and stop using the services of the Service.
1.9. The Administration hereby offers the Users services for placing and searching for ads using the services of the Service.
1.10. The provision of certain services may be regulated by special rules and/or agreements (contracts), including offers.
1.11. The User accepts the provision that all materials and services of the Service or any part thereof may be provided with advertising. The User agrees that the Administration does not bear any responsibility and has no obligations in connection with such advertising. The User waives claims against the Administration in relation to such advertising.
1.12. Registration on the Service is voluntary. In case of registration on the Service, the User gets access to additional services of the Service. The Administration reserves the right at any time to require that the User confirm the data specified by him during registration, and to request supporting documents.
1.13. SMS verification. The Administration has the right to verify the User at any time by means of SMS verification. If the User fails to pass verification, the Administration has the right to prohibit or restrict the use of the Service, namely, posting, editing, updating ads, etc. The selection of Users to be verified is carried out by the Administration at its discretion. All Users who have been verified using SMS verification can use their phone number to log into their Personal Area/Account using the password specified during registration.
The Administration has the right, at its discretion, to prevent verification of Users using phone numbers of certain telecom operators (for example, mobile operators of other countries, virtual number operators, CDMA operators, etc.).
1.14. The User has the right to use the services of the Service exclusively using his own e-mail address and password, which also makes it possible to use the balance on the Wallet. The User undertakes to keep his password secret and is responsible for actions related to its use and safety, as well as for actions that are performed in the User's Personal Account. If the User has reason to suspect unauthorized access to his Personal Account, the User undertakes to change his password on his own.
1.15. The Administration has the right to use special technical solutions to verify the correctness of the information provided by Users during registration and / or authorization.
1.16. The Administration cannot guarantee that the User is really the one he appears to be, and the information provided by the User when registering on the Service is correct.
1.17. The User is recommended to communicate with counterparties using all the tools available on the Service.
1.18. The Administration reserves the right, at its own discretion, to terminate access to the services of the User who violates the terms of this Agreement.
1.19. The Administration has the right to restrict or terminate the User's access in case of violation by the User of the rights of other persons or applicable law, as well as for other reasons at its discretion.
1.20. A user whose access to the services has been terminated, or whose information has ceased to be valid, does not have the right to re-register without the special permission of the Administration. Such User also does not have the right to use the credentials of another User to access the Service and its services.
2. Use of the Service. Posting ads
2.1. The Administration grants the right to place ads on the Service to all Users who have registered on the Service.
2.2. The User agrees not to take actions that may be considered as violating the law or international law, including in intellectual property, copyright and /or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Service.
2.3. All transactions in relation to the Goods are concluded between Users directly. The Administration is not a participant and /or intermediary in transactions handled by Users through the Service. The Administration does not control and is not responsible for such transactions (including for the availability of the Goods, their quality and delivery).
2.4. Comments, messages, as well as other entries of the User on the Service should not conflict with the requirements of the law and generally accepted norms of morality and ethics.
2.5. The User is warned that the Administration is not responsible for visiting and using external resources, links to which may be contained on the Service. The Administration is not responsible for the content of ads, links to other resources and other information specified in the ad description.
2.6. To obtain the right by the Administration to post advertisements, information and data provided by the User, the User shall transfer to the Administration a universally valid, perpetual, irrevocable, non-exclusive right to use, distribute, publish, collect, process, demonstrate, copy, duplicate, reproduce information, images, photographs, video and audio materials, databases, publications, as well as any other information provided by the User on all known or unknown information media. The rights listed above are granted to the Administration free of charge. The User grants the right to access the information posted by him to all Users of the Service. At the same time, the User retains any intellectual property rights to the materials posted by him on the Service.
2.7. The Administration shall not be responsible for violation of the rights of third parties in connection with the provision by the User of any information and data on the Service.
2.8. The User of the Service undertakes to place ads in accordance with the instructions of the Service and to provide accurate and complete information about the Goods and the conditions for sale thereof. The User is obliged to check the information about the Goods specified in the advertisement and, in case of detection of incorrect or incomplete data, correct or supplement the necessary information in the advertisement.
2.9. By placing an ad with the Goods, the User guarantees and confirms that he has the right to carry out the actions specified in the ad in relation to such Goods.
2.10. The User warrants and confirms that he has all necessary rights, licenses, permissions for the Goods, information and data, including all patents, trademarks, trade secrets, intellectual property rights, or has the appropriate written consent, license or permission of third parties to use their names, images or other items.
When placing an advertisement with offers of Goods subject to licensing or other permits, it is required to indicate in the text of the advertisement the number of the license/permit and the name of the authority that issued such a license/permit.
2.11. The Service has the right to request from the User supporting documentation and / or additional information regarding the placed Goods or regarding the information provided by the User. The Service has the right to delay publication until such documentation or information is provided.
2.12. The User has the right to sell on the Service any Goods belonging to him, with the exception of items withdrawn from civil circulation, and subject to having a special permission by the User, if such permission is required by law, and subject to the current rules of use on the Service. The User undertakes, at the request of the Administration, to provide such special permission.
2.13. In order to maintain the high quality of the Service's services, the Administration reserves the right to limit the number of active User ads on the Service, as well as limit the User's actions on the Service.
2.14. The description of the Goods specified by the User in the advertisement shall constitute the conditions for the sale of the Goods.
2.15. Delivery terms must be included in the description of the Goods indicated in the ad.
2.16. The conditions for sale of the Goods specified in the advertisement, as well as other conditions of the advertisement, must not contradict the current legislation and this Agreement, both at the time of the advertisement and in the future. In the event that any condition of the advertisement becomes or is recognized as such that does not comply with the law or this Agreement as a result of amendments to the current legislation and / or the Agreement, such conditions or such advertising must be supplemented or modified by the User in such a way as to eliminate any inconsistencies. If it is impossible to make appropriate changes, the User shall delete such advertisement. In the event of occurrence of the cases specified in this paragraph, the Administration reserves the right, without prior notice to the User, to take actions to edit or delete such ads.
2.17. The Service prohibits advertising Products if it violates applicable law, is contrary to generally accepted norms of morality, is offensive or inappropriate, and violates the rights of third parties. The User is obliged to make sure that the offer of the Goods does not violate the current legislation and the terms of this Agreement. The list of goods and services that are prohibited for publication on the Service is established by the rules for publishing ads on the Service and is available in the "How to Sell" section at https://lalafo.rs/page/how-to-sell.
2.18. The use of paid services does not guarantee that the ad will not be blocked by the Administration in case of violation of this Agreement. In case of violation of the rules for placing ads, funds for paid services will not be repaid.
2.19. It is forbidden to provide a link to the advertisement on the Internet sites containing offers of the sale, use or other information about goods and services.
2.20. The User undertakes that he will not support or disseminate information about the services provided by:
2.20.1. other trading platforms, online auctions and/or online stores;
2.20.2. other services offering goods and services presented on the Service for the same or lesser fee;
2.20.3. other services offering goods and services prohibited for sale on the Service.
2.21. The User undertakes that he will not use automatic programs to gain access to the Service without a written permission of the Administration. The use of computer programs that allow posting ads, bypassing the usual procedure for posting ads, without a written permission of the Administration, is prohibited.
2.22. In addition, the User undertakes:
2.22.1. that he will not take any actions that may lead to a heavy load on the infrastructure of the Service;
2.22.2. that he will not copy, reproduce, modify, distribute or present to the public any information contained on the Service without a prior written permission of the Administration;
2.22.3. that he will not interfere with the operation of the Service, with the operation of automatic systems or processes in order to prevent or restrict access to the Service;
2.23. The User is prohibited from providing information in violation of this Agreement or the rights of third parties. The information (data) provided by the User and his actions on the Service shall not:
2.23.1. be false, inaccurate or misleading;
2.23.2. contain vulgar, offensive language;
2.23.3. promote fraud, deceit or breach of trust;
2.23.4. lead to transactions with stolen or counterfeit items;
2.23.5. violate or encroach on the property of a third party, its trade secret or its right to privacy;
2.23.6. contain information that offends someone's honour, dignity or business reputation;
2.23.7. contain personal or identifying information about other persons without the express consent of those persons;
2.23.8. contain defamation or threats to anyone;
2.23.9. call for the commission of a crime, and incite ethnic hatred;
2.23.10. promote, support or call for terrorist and extremist activities;
2.23.11. be obscene or be in the nature of pornography;
2.23.12. contain computer viruses, other computer programs aimed, in particular, at causing harm, unauthorized intrusion, secret interception or appropriation of data of any system, or the system itself, or part of it, or personal information or other data (including the data of the Service);
2.23.13. harm minors;
2.23.14. contain information about services that are considered immoral, such as, but not limited to, prostitution or other forms that are contrary to morality or law;
2.23.15. contain links or information about sites that compete with the Company's services;
2.23.16. contain information that constitutes "spam", "chain letters", "pyramid schemes" or unsolicited or deceptive commercial advertising;
2.23.17. contain materials of an exclusively advertising nature without offering a specific product or service;
2.23.18. violate the intellectual property rights of third parties, the right to depict a citizen, and other rights of third parties;
2.23.19. otherwise violate applicable law.
2.24. The User is prohibited from using the names of Users similar to the names of other Users in order to impersonate them and write messages on their behalf.
2.25. The User is prohibited from posting ads on the Service, handling or conducting transactions using the services on the Service, which may lead to a violation of the current legislation by the Service and / or by the User.
2.26. The Administration has the right to advertise the Product, the ad for which is posted on the Service in a way different from that specified by the User, but not worsening it, when posting an ad of such a Product.
2.27. The Administration has the right to move, complete or extend the period of demonstration of any Goods for technical reasons, whether controlled or uncontrolled by the Service.
2.28. The Administration has the right to stop showing any advertisement at any time for reasons that violate the rules contained in this Agreement, as well as for reasons that violate the rights of other Users or violate applicable law, as well as for other reasons. The Administration may also block or delete the Personal area (account) of the respective User for reasons that violate the rules set out in this Agreement.
2.29. The Administration has the right to edit ads, move them to other categories, and perform any other actions with Users' ads in accordance with the law.
2.30. The Administration has the right to refuse placement (publication) of ads without giving reasons.
2.31. The requirements for the design of an ad are set out in the rules for publishing ads on the Service in the "How to sell" section at https://lalafo.rs/page/how-to-sell.
2.32. The User is fully and solely responsible for the content of ads (and other information posted by the User on the Service) in accordance with applicable law.
3. Paid services.
3.1. Users can order Paid Services on the Service.
3.2. Information about the types, characteristics, cost and procedure for ordering Paid services is specified in the Offer Agreement for the provision of paid services at https://lalafo.rs/page/user-agreement. Information can also be posted at https://lalafo.rs/page/paid-features and/or in the User's Personal Account and/or located on other pages of the Service, and can also be additionally provided by the Administration using the contacts specified on the Service.
3.3. Paid services are provided by the Administration based on this Agreement, as well as on the terms of the Offer Agreement for the provision of paid services at https://lalafo.rs/page/user-agreement.
3.4. The wallet is a tool with which the User of the Service can receive information about the balance of the User's funds, as well as about the history of purchases of the Service services by the User. The User's wallet is not an electronic means of payment, which is intended for transfers of funds by the User without opening a bank account or for electronic settlements.
The User can replenish the balance of the wallet by any means convenient for him using the information about it posted on the Service.
The funds indicated in the User's wallet are not recognized and cannot be used as a means of payment for goods/services of other organizations, as well as for goods/services of other Users of the Service.
The Service does not directly use the User's wallet to replenish, store and transfer electronic money. Such services are provided by individual counterparties (banks or payment services) with which the Service has entered into relevant agreements and which have all the necessary permits and licenses to carry out such activities in accordance with applicable law. When the User replenishes the account or performs other actions with the User's funds, the Service automatically provides a link to the web pages of the sites of such payment services.
In appropriate cases, the collection and processing of the User's personal data (including data on the User's bank accounts, his bank (payment) cards) will be governed by the privacy policies of such payment services, and not by this Privacy Policy. The Service does not collect, store, or otherwise process data on the User's bank accounts, data on his bank (payment) cards and other financial information held by the User, banks and payment systems (with the exception of the information specified in the User Agreement of the Service and this Privacy Policy).
The User is personally responsible for disclosure to third parties of the information specified in the User's wallet, as well as other personal information of the User.
3.5. Automatic renewal of a Paid Service (Auto-Renewal).
3.5.1. Wallet.
After the expiration of the Paid service activated by the User, the Service automatically renews the provision of such Paid service if the auto-renewal option is selected on the corresponding page of the User's account. When auto-renewing the Paid service, the Service automatically debits the User's wallet in the amount of the cost of the Paid service selected by the User. Auto-renewal is performed the next day after the expiration of the Paid service activated by the User. The subsequent renewal of the Paid service is carried out for the same period and on the same conditions under which the service was activated. The number of renewals is not limited and is carried out either until all funds are debited from the balance of the User's wallet, or until the automatic renewal option is deactivated. If at the time of renewal of the Paid service, the funds on the balance of the wallet are not enough to extend the term for the provision of the Paid service chosen by the User, the service is extended for a period in proportion to the amount of funds on the balance of the User's wallet. After debiting all funds, the Paid service will be deactivated.
The User has the right to deactivate the automatic renewal option of the Paid service at any time by deactivating the corresponding option on the Paid service page. In this case, after the User disables the automatic renewal option, the Paid Service will be activated before the expiration of the last activation of the Paid service.
When automatically renewing the Paid service, the Service in no way debits funds from bank cards and / or any accounts of the User. Automatic renewal of the Paid service is carried out exclusively at the expense of the funds that are on the balance of the User's wallet on the Service.
3.5.2. "Subscription" - Automatic replenishment of the Wallet.
The User is given the opportunity (where applicable) to connect the "Subscription" service.
Connection to the "Subscription" service is carried out on the corresponding payment page.
Payment within the framework of the "Subscription" service is carried out by automatic debiting the User's bank card account on the last day of the of the Paid service period.
Information about the date of the next debiting of the Paid Service cost ("Subscription") may be indicated in the "Subscription" settings or on other pages of the Service.
When paying for the “Subscription”, the User will receive a notification about the automatic debiting.
If it is possible to use several bank cards (where applicable), the User determines the order (priority) of cards for debiting funds. The funds are debited from the account of the bank card chosen by the User as a priority. If there are no funds in the account of the priority bank card, the next-priority bank card account is debited.
When paying for the “Subscription”, the User undertakes to use exclusively a bank card, of which he is the owner, and which was indicated in the corresponding agreement concluded between the bank and the User. If the User intentionally uses a bank card of other person, then he is solely responsible for the damage that was / may be caused to the rightful owner of such card as a result of the above actions of the User.
Debiting a bank card is not carried out in the following cases:
- in the absence of funds in the bank card account in the amount sufficient to pay for the "Subscription";
- the bank card specified by the User when connecting the "Subscription" is blocked;
- operations in the bank card account are suspended (not carried out) in cases established by law, or by the agreement for the issuance and processing of a bank card.
In case of loss /replacement of a bank card, the User undertakes to immediately notify the Administration about it in order to disable the "Subscription" function, as well as indicate the details of a new bank card. The User's written application received by the Administration about the loss of a bank card is the basis for the suspension of payment operations using the lost bank card.
The User has the right to disable the "Subscription" service at any time by terminating the Paid service, or by contacting the User's support service of the Service, as well as by deactivating the corresponding option on the Service page (if applicable).
In this case, after the User disables the service, the Paid service will be active until the expiration of the last "Subscription", except for cases when the User refused further provision of the Paid service.
The "Subscription" service can be disabled by the Administration at any time without prior notice to the Users.
4. Communications
4.1. The User understands, accepts and agrees that the Administration reserves the right to send emails to Users, as well as short messages (SMS messages) to the email addresses or phone numbers indicated by them (including after the User stops using the Service).
4.2. Service messages may be posted on the Service.
4.3. In this case, the User understands, accepts and agrees that such letters and messages may include, but not limited to: offers from other Users to conclude a transaction, offers and messages of a different informational and /or advertising nature, and other messages. The User understands, accepts and agrees that such messages and/or their separate parts may be of an advertising nature, and may also contain advertising, informational and other advertisements.
4.4. Messages published on the Service are considered delivered to the User when published.
4.5. The Administration is not responsible for the use by other Users and / or automated systems (robots) of the form posted on the Service for sending messages.
4.6. The Administration is not responsible for the use by other Users and /or robots of phone numbers and email addresses posted by the User on the Service pages.
4.7. The User confirms that the Administration has the right to transfer e-mail addresses and phone numbers to third parties for the purpose of sending letters and messages to Users.
4.8. Communications of the User with the Administration or moderators of the Service is carried out using an electronic mailbox, with its address indicated on the Service, as well as using other means of communication.
Users acknowledge that any messages and informing are also considered executed if such messages and informing are sent to the internal messaging system of the Service.
Messages sent in the internal messaging system of the Service are considered delivered to the User properly and in the proper form and in accordance with the terms of this Agreement from the date of their delivery to the account of the corresponding User.
4.9. The User is prohibited from leaving any comments, discussions and other records on the Service about the actions of the moderators and the Administration (including, but not limited to, offensive ones). Otherwise, the Service Administration has the right to block or delete the Personal area (account) of such a User.
4.10. The User can refuse messages to his phone number or email address any time by sending an appropriate request.
5. Intellectual property
5.1. The totality of programs, data, trademarks, copyright items, and other items used on the Service is the intellectual property of its rightful owners and is protected by intellectual property law, as well as relevant international legal treaties and conventions.
5.2. The Administration is the exclusive owner of the domain name on which the site is located, the site itself, mobile applications, databases created by the Service (including the database of Service Users), as well as the entire Service and all software of the Service.
5.3. When downloading the software, the Administration grants the User a personal free non-exclusive license to use the software without the right to transfer it to third parties.
5.4. Such a license is intended solely to provide the User with the opportunity to use the services of the Service, and receive benefits from them, in accordance with the functions of the Service.
5.5. It is forbidden to copy, modify, distribute, sell (distribute), change or lease in full or any part of the intellectual property (Service) of the Administration (including software), as well as "hack" or try to get the source code of the software without the written permission of the Administration. Any use of elements, symbols, texts, graphics, programs, databases and other items that are part of the Service and owned by the Administration, except as permitted in this Agreement, without the permission of the Administration or other legal copyright holder, is illegal and may result in legal proceedings and bringing violators to civil, administrative and criminal liability in accordance with the law.
6. Limitation of Liability. Force Majeure
6.1. All information (including personal data) specified by the User on the Service is posted by the User for the sale of his Goods. The User is solely responsible for the correctness of text entry, data entry and the correctness of filling out the relevant forms.
6.2. The User places this or that information about himself solely in his own interests, including for facilitation of the establishment of communication with the User and / or identification of the User.
6.3. By posting information about himself, the User understands and agrees that such information is posted on the Service in the public domain, that is, will be available for review by any visitor or User of the Service.
6.4. The User understands and assumes all the risks associated with fraud on the Internet, as well as with the posting of information by the User. Such risks include, but are not limited to, the risk that an email address is included in the spam mailing lists, the risk that an email address becomes known by various kinds of scammers, the risk that the phone number becomes known to SMS spammers and/or SMS scammers and other risks arising from such posting of information.
A reminder for Users and visitors of the Service about possible fraudulent acts is available at https://lalafo.rs/page/how-to-sell.
6.5. The Administration is not a deal maker in relation to the Goods, an intermediary, a buyer or a seller.
6.6. The Service is not responsible for the handling and execution (fulfilment) of transactions by the Service Users, for losses, lost profits, income, financial losses or indirect, actual, incidental or punitive damages caused as a result of transactions, as well as a result of illegal acts of any persons.
6.7. By using the services of the Service, the User confirms his agreement that he uses the Service at his own risk and bears all the risks associated with the use of ads posted on the Service.
6.8. The Service is a tool that enables Users to post ads in relation to Goods which sale and/or purchase is permitted by law, this Agreement and other rules for using the Service.
6.9. The Administration does not always check the ads posted by Users, as a result of which the quality, safety, legality and compliance of the Goods with its description, as well as the ability of the seller to sell and the buyer to purchase the Goods are beyond the control of the Service.
6.10. The Administration cannot control the accuracy of the information posted by Users in ads.
6.11. By using the Service, the User confirms that he uses the Service at his own risk and peril "as is". The User assesses and bears all risks associated with the use of ads and information posted on the Service. The Administration, including its management, employees and agents do not bear any responsibility for the content of ads and information posted on the Service, as well as for any damages and losses resulting from the use of ads, data and information posted on the Service.
6.12. The Administration, its management and employees, as well as the support service of the Service, are not responsible for the content of any messages (including those received by Users by mailbox and / or mobile phone, as well as using various third-party messengers and services) that the User receives in connection with the use by third parties of the User's contact details posted on the Service, as well as for other use of the Users' information and for any damages and losses resulting from the use of such information. The User is solely responsible for his use of the data and information contained in such messages.
6.13. The User understands that the fact of posting an ad on the Service is not a guarantee that the offer, sale and / or purchase of any Goods is valid and legal. The decision to carry out the transaction is made by the User independently.
6.14. To the extent permitted by law, the total liability of the Service for any claims is limited to the amount paid by the User for using the services of the Service or (at the discretion of the Service) re-provision of these services to the User.
6.15. The User agrees that all disputes between the User and other Users and / or visitors of the Service (including as a result of transactions) shall be settled by the User independently without the involvement of the Administration.
6.16. The Administration is not responsible for any access of third parties to the services of the Service and /or to any information about Users (including personal data) without the consent (permission) and / or knowledge of the Administration.
6.17. The User agrees that the Administration is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages associated with any content of the Service and / or as a result of transactions of the User, copyright registration and information about such registration, goods or services available on the Service or other contacts of the User that he made using the information posted on the Service.
6.18. The Administration is not responsible for any software failures, breakdowns and other technical and software problems, as well as for errors, software viruses, etc. that may be transferred to the Service or through the Service by third parties.
6.19. The User undertakes to act solely in accordance with applicable law and this Agreement, and also bear full responsibility in accordance with the law for their own actions and inaction on the Service and when using the services of the Service.
6.20. In case of violation of the rights of the User by other User of the Service (illegal use of an intellectual property item, etc.), the User whose rights are violated may apply to the Administration or moderators with a relevant complaint. The Administration will consider the complaint and, if it is justified, has the right to take measures to stop the violation of the User's rights.
6.21. The Administration is not responsible for the safety and legal "purity" of the Goods placed in the ads and the safety of Users when handling transactions.
6.22. Neither Party will be held liable for the failure to fulfil its obligations hereunder to the extent that the fulfilment of such obligations is delayed or violated by force majeure that the Parties could not foresee at the time of conclusion.
Such events include: earthquake, floods, fires, other natural disasters, armed conflicts and intervention, terrorist acts, riots, civil unrest, strikes, changes in legislation, decisions of public authorities, as well as other circumstances that may directly affect the fulfilment of this Agreement by the Parties.
7. Effective term of the Agreement
7.1. This Agreement comes into force when the User starts using the services of the Service, regardless of the fact of registration of the User or placement of an advertisement on the Service, and is valid indefinitely.
7.2. The User has the right to terminate his registration on the Service unilaterally, without prior notice to the Administration and explanation of the reasons.
7.3. The Administration may terminate the Agreement with the User in the following cases:
7.3.1. Violation by the User of the terms of this Agreement and / or legislation, causing any damage to the Service or the Administration, including its reputation, or to other users of the Service;
7.3.2. Taking other actions that are contrary to the policy of the Administration or the Service;
7.4. In the event that the User violates the provisions of this Agreement, the Offer Agreement, other additional documents or rules posted by the Administration on the Service and accepted by the User and / or the norms of the current legislation, morality and ethics, the Service reserves the right to terminate the User's access at its own discretion. The User whose access to the Services has been terminated, or whose information has ceased to be valid, has no right to register again, and such User has no right to use the credentials of other User to access the Service. Legal relations can be restored only after the Administration makes an appropriate decision.
8. Amendments to the Agreement
8.1. In order to improve the quality of the services provided by the Administration on the Service, to comply with the requirements of the law and respond to changing market conditions, this Agreement may be amended and supplemented by the Administration unilaterally. The new version of the Agreement comes into force from the when it is posted on the Internet, unless otherwise provided by the new version of the Agreement or other additional documents to which the Administration is a Party.
8.2. If the User does not agree with the amendments to the Agreement, he is obliged to refuse access to the Service, stop using the services of the Service.
9. Other Terms
9.1. In case of disputes, the Parties to this Agreement undertake to resolve them through negotiations. Disputes arising from the execution of this Agreement and the provision of services by the Service shall be resolved in accordance with applicable law.
9.2. Estonian legislation applies to all disputes. The applicable law to this Agreement, as well as to the relations of the Parties arising from this Agreement, is the law of Estonia.
9.3. The Administration reserves the right to change this Agreement unilaterally and without notifying the Users. The new version of the Agreement comes into force from the date of publication on the Service.
9.4. Nothing in the Agreement shall be understood and interpreted as the establishment of agency, Partnership, joint activity or personal employment relations, or any other relations between the User and the Administration not expressly provided for by the Agreement.
9.5. Recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.
9.6. Inaction on the part of the Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Administration of the right to take appropriate actions to protect their interests and rights later.
9.7. All other conditions and circumstances not provided for by this Agreement are regulated on a separate individual basis.
The User confirms that he is familiar with all the clauses of this Agreement and unconditionally accepts them in full.
Supplements:
1. Annex 1 (Privacy Policy)
Annex 1 to User Agreement https://lalafo.rs/
Privacy policy
1.1. This Privacy Policy is an integral part of the User Agreement https://lalafo.rs/.
1.2. This Privacy Policy establishes the procedure for obtaining, storing, processing, using, disclosing and protecting the User's personal data.
1.3. The Personal Database of Users is located at the address of the Administration.
1.4. The Administration of YALLA CLASSIFIEDS OÜ Limited Liability Company is the Administrator of the Personal Database.
1.5. When filling out the form for publishing an advertisement or when registering a User on the Service, or when subscribing to a newsletter, as well as in other cases of using the Service, the User provides the Administration with personal information and personal data. The collection of information can also be carried out by conducting surveys of the Service Users. Participation in surveys of Users is carried out with the consent of the Users.
1.6. The User independently and voluntarily decides to provide the Service with personal data about himself and any other information, and hereby declares his consent to the processing by the Administration of such personal data and information, their transfer for processing to other Users and / or third parties acting on behalf of the Administration.
1.7. The processing of personal data means any action or set of actions, such as the collection, registration, accumulation, storage, adaptation, modification, renewal, use and distribution (distribution, sale, transfer, including abroad) and destruction of personal data, including using (automated) information systems.
1.8. The purposes of processing personal data, among other things, include:
1.8.1. obtaining statistical and analytical data to improve the functioning of the Service, its services and services provided;
1.8.2. expanding the range of services provided;
1.8.3. receiving informational (notification of new opportunities, promotions and other news) or advertising messages of the Service or third parties;
1.8.4. prevention or suppression of illegal or unauthorized actions of Users or third parties;
1.8.5. ensuring compliance with the requirements of the current legislation.
1.8.6. to manage Users’ accounts and provide support to them. The Service uses the User information to solve technical problems, respond to User requests for help, analyse information about technical failures, as well as to fix problems on the Service and improve services of the Service.
1.8.7. to develop, display, send and track content and advertising tailored to the interests of Users in relation to the Service. The Service uses contact information and information about how Users use the Service to send notifications that may be of particular interest to Users. These notifications are aimed at encouraging engagement and maximizing the benefits Users receive from the Service, including information about new features, newsletters, and events that may be of potential interest to Users. The Service also informs Users about new product offers, promotions and contests. The Service may communicate with Users by e-mail, mail, phone and / or through mobile devices. The User can control these notifications and has the right to withdraw his consent at any time.
1.8.8. to comply with the requirements of legislation, regulatory authorities and law enforcement agencies and protect the legitimate interests and rights of the Service. The Service cooperates with representatives of law enforcement agencies, as well as with individuals to ensure compliance with the law. The Service must disclose any information about Users in accordance with the requirements of the law, if it is necessary to protect the legitimate rights and interests of the Service and / or the legitimate rights and interests of third parties or to prevent or suppress illegal activities.
The Service also uses the information to limit or prevent various forms of service abuse, such as fraud, spamming, and other unauthorized activities that breach the User Agreement.
If required by law, the Service may use the information in connection with legal and audit activities, for example, for the purpose of acquiring, merging or selling its business.
To the extent permitted by law, the Service will take reasonable steps to notify Users of the provision of personal information to third parties.
1.8.9. Website analytics. The Service uses several web analytics tools (or tracking tools) provided by third party service providers such as Google Analytics to collect information about how Users interact with the Service. The Service conducts research and analysis of the Service use by the User or the interests of the User in products, services and content. The Service uses the information provided by these tools to improve the Services and to detect and analyse errors. The tools of such service providers use cookies on users' browsers. Cookies cannot be used by anyone other than third party service providers. The information collected by cookies may be transferred to and stored on servers in a country other than the User's country. The information collected is used and shared by these service providers in accordance with their individual privacy policies. Users can freely consent to the collection and processing of data generated by cookies in connection with the use of the web service.
1.8.10. Running contests or surveys. The Service uses the information collected through these methods, for example, to improve services.
1.9. The Service collects the following information about Users:
1.9.1. personal (private) information that the User enters, shows or otherwise discloses to the Administration when using the Service. Such information may include, in particular (but not limited to), the User's first and last name (description), email address and password, phone number, User's location, and address. If the User logs in through a social network profile, the Service may also collect information posted in the profile of such social network. The User is responsible for the information provided by him, while the Service provides a channel for the dissemination and publication of the User's information on the Internet.
1.9.2. technical information automatically collected by the software of the Service during visits of Users.
1.9.3. when the User logs in using the profile of another web service (for example, Facebook, Google+, Vkontakte, odnoklassniki.ru, etc.), the Service may also collect information located in the corresponding profile of such web service that the User agreed to provide, including username, email address and profile-related information. The User consents to the transfer of the specified data to the Service. This permission can be revoked at any time by sending an appropriate request to the Service.
1.9.4. The Service may collect information about the physical location of the User's device. The location of an individual User may be determined using an IP address or geographic location information received from the User's device. The Service may use and store information about the User's location to provide functions and to improve and customize the Services, such as for internal analytics and performance monitoring, or to display content or provide suggestions related to the User's location.
1.9.5. data provided by the User in connection with his / her participation in contests and surveys conducted by the Service or other third parties at the request of the Service.
1.9.6. The Service receives information about Users and their actions from marketers, partners, researchers and other sources (including public databases). The Service may combine information received from the User with information received from other Users and third parties.
1.10. The Service, as well as the Administration, neither collect nor process data on racial or ethnic origin, nationality, political positions, religious beliefs and worldviews, membership in political parties and trade unions, criminal convictions, as well as data related to health, sexual inclinations, sexual life, biometric or genetic data.
1.11. The Service and the Administration do not transfer any personal or other data of the Users to third parties that are not related to the Service, unless the User has provided such permission, as well as in cases provided for by this Agreement or legislation.
1.12. The Administration may transfer certain anonymised information (data that does not allow identifying Users separately) to third-party service providers, trusted partners or authorized researchers in order to better understand which advertising or services may be of interest to Users, in order to fulfil this Agreement (provide services to Users), improve the overall quality and the effectiveness of the Service's services, or in order to ensure the contribution of the Service to scientific research, which, in the opinion of the Administration, can bring great social benefits. If this happens, the data that is transmitted is subject to this Privacy Policy, and the involved third parties do not have the right to use the information received except for the provision of services to the Administration.
The Service may transfer and disclose information about the User to third-party service providers that provide services for the Service, namely: website hosting, data analysis, provision of information technology and related infrastructure, delivery of email and messages (notifications), audit, services that assist the Service in providing customized advertising and service providers to manage the helpdesk, support data and CRM systems. These service providers assist the Service in providing services (for example, they may assist the Service in providing personalized advertising or may assist the Service in preventing, detecting, mitigating and investigating potentially illegal activities). These service providers will only have access to the information necessary to perform their respective functions. They are also required to abstain from disclosing or using the User's information for other purposes. In some cases, these service providers are not strictly required to provide services for the Service, but they help make the Service better. For example, the Service uses Google Analytics to monitor and analyse the use of the Service. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the collected data to track and monitor the use of the Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the advertisements of its own advertising network. The User may opt out of making their activity on the Service available to Google Analytics by setting their browser setting to opt out of Google Analytics. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from transmitting visit activity information to Google Analytics.
The Service also uses online advertising services to display Google AdSense and DoubleClick for Publishers ads. The User can find more information about Google's privacy policy at https://policies.google.com/privacy?hl=en
The customer confirms the provision of their personal data, familiarization with the list of data collected, the grounds and purposes for their collection and use, with the possible transfer of personal data to a third party, and is also informed about other possible use of personal data and gives their consent to the personal data collection, processing, storage and use.
1.13. The Administration does not sell or lease information and personal data provided by Users in the process of using the Service.
1.14. In order to facilitate interaction between Users, the services imply limited access to the contact information of other Users. The right to use information provided by other Users is limited by the User Agreement.
1.15. The Service User undertakes not to use the data provided by another User without a written permission of such User or without confirming in any other way the right to use such information. All information received by the User about other Users in connection with the use of the Service can only be used to make and execute transactions in relation to the Goods. Thus, the User is not allowed to use the email address, as well as the phone number of another User, for the purposes of direct mail advertising or other mail undesirable.
1.16. The User of the Service has the opportunity to change, delete any time or otherwise edit personal and other data transmitted by him in the process of using the Service.
1.17. The User is responsible for the accuracy and correctness of any information and data provided by him.
1.18. If the User has logged in, registered and uses the Service using the OpenID service, the User can configure the order for the transfer and use of his data in the settings of such a service.
1.19. The Service and the Administration take all reasonable measures to protect the User's personal data from unauthorized access by third parties.
1.20. All personal data collected and processed by the Service is stored on one or more secure servers that cannot be accessed outside the corporate network. All employees of the Administration who perform functions with access to and use of personal and other information of Users have signed an Agreement on non-disclosure of information about Users to third parties.
2. Cookies, web beacons and similar technologies
2.1. The Service may use cookies, web beacons and other similar technologies to store information. These files are used to facilitate the use of the Service and its applications, to improve the quality of the Service's services (including security), as well as for advertising purposes.
2.2. Any information received by the Service from the User, as well as the placement of cookies on the User's browser, is carried out through notification and with the consent of the User. By continuing to use the Service, the User gives his permission to the Service to store cookies on the User's browser.
2.3. The Service uses cookies and similar technologies that remain on the User's device during the User's browser activity and cookies, as well as other similar technologies that remain on the User's device for a longer period. The User has the right to block, delete or disable such cookies and similar technologies if the User's device allows it.
2.3.1. Cookies - in computer terminology, a concept used to describe information in the form of text or binary data received from the Service, which the User stores on the browser, and then sent to the Service if the User of the Service revisits it. Thus, the Service identifies the User's browser during visits. Cookies facilitate the use of the Service by recording data necessary for logging in and collecting statistics. Cookies do not contain personal data.
2.3.2. Web beacons are small graphic images (also known as "dot markers" or "web beacons") that may be enabled on the Service, as well as its services, applications, messaging, and tools that usually work in conjunction with cookies, to identify the User.
2.3.3. Such technologies store information in a browser or device using local shared objects or local storage, such as "flash cookies", "HTML 5 cookies", and other web application methods. These technologies may work in all browsers of the User, and in some cases may not be completely controlled by the browser and may require control directly through the applications or devices installed by the User.
2.4. The Administration takes security measures to prevent unauthorized access to cookies and similar technologies. The User undertakes to take similar security measures. The Administration guarantees that only the Administration and/or authorized service providers of the Service have access to these cookies.
2.5. Service providers of the Service are companies that assist with various aspects of the Service. The Administration uses some authorized service providers to provide the User with the relevant services of the Service, as well as for other purposes directly related to the activities of the Service. Such service providers may also place cookies on the User's device through the services of the Service (third-party cookies). They may also collect other information, such as an IP address or other identifiers.
2.6. Any information that the Service collects and stores through the use of the technologies indicated above is used with the consent of the User.
2.7. The User can manage cookies in the browser or device settings. To refuse the collection and storage of information, one must check the box in the "Do not save cookies" item in the browser settings, and click on the "Clear cookies" button.
2.8. Technical information contained in the system, for example, IP-addresses, is used by the Service to maintain network equipment, as well as to summarize statistical and other information.
2.9. The Service saves the data of the User's last access to the system in order to ensure the high quality of the services provided, adapted to the User’s individual needs and interests.
3. Making changes to the privacy policy
3.1. The Administration may amend, delete or update the rules of the Privacy Policy.
3.2. If the User does not agree with the changes made, he is obliged to stop using the Service. If the User continues to use the Service, he agrees and accepts all changes and the new version of the Privacy Policy as a whole.
OFFER AGREEMENT FOR THE PROVISION OF PAID SERVICES
1. GENERAL TERMS
1.1. This document is an open offer (hereinafter referred to as the “Offer”) of Yalla Classifieds Limited Liability Company, registered in the Republic of Estonia (hereinafter referred to as the “Contractor”), addressed to unspecified persons, to conclude a Service Agreement (hereinafter referred to as the “Agreement”) on the conditions set forth in this Offer.
1.2. The offer comes into force from the date it is posted on the Internet at https://lalafo.rs/page/user-agreement and is valid until withdrawal by the Contractor. The Contractor may any time withdraw the Offer received by the recipient.
This Agreement is a public agreement and in case of acceptance of the conditions set forth in the Offer, an individual or legal entity becomes the Customer under the Agreement and undertakes to comply with the terms of this Agreement and its annexes, which are its integral part. Acceptance of the Offer by the Customer in accordance with clause 4 of the Offer, creates an Agreement on the terms of the Offer.
1.3. The Customer hereunder is the User of the Service who ordered the Paid Services on the terms provided for in the User Agreement set forth at https://lalafo.rs/page/user-agreement, as well as on the terms specified in this Agreement.
The Customer cannot be a person in respect of whom, in accordance with the law, there are restrictions on the conclusion of the Agreement (including, but not exclusively, persons in respect of which there are restrictions on doing business).
1.4. The Contractor reserves the right to make changes to the terms of the Offer (including the price and description of tariffs) and / or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes come into force when the amended text of the Offer is placed on the Internet at the address specified in clause 1.4 of this Agreement, unless a different date for the entry into force of the changes is provided for in such placement.
1.5. All other terms not specified in this Agreement are interpreted in accordance with the User Agreement located at https://lalafo.rs/page/user-agreement, legislation or usual business practice.
2. SUBJECT OF THE AGREEMENT
2.1. Pursuant to the terms and conditions contained herein, the Contractor provides the Customer with paid services specified in subparagraphs 2.2 of this Agreement (hereinafter referred to as the "Services" or "Paid Services"), and the Customer undertakes to accept and pay for the Services provided to the Contractor.
2.2 Services hereunder are provided by the Contractor together and / or separately and include providing the Customer with access to the Service via the Internet in order to place and process the Customer's materials, as well as the provision (activation) of Paid Services, in particular:
2.2.1. Granting access for the Customer to create and design (activate) the "Business Profile" service. The description of the "Business Profile" service is published in the User's Personal area (account), and is located on other pages of the Service. The price of the service is determined in accordance with the tariffs posted in the Personal area (account) of the Customer (User), as well as on other pages of the Service.
2.2.2 Activation of Other paid services, the types and descriptions of which are published at https://lalafo.rs/page/paid-features or can be located on other pages of the Service. The prices of Other paid services are determined in accordance with the tariffs posted in the Personal area (account) of the Customer (User), as well as on other pages of the Service.
2.2.3 Placement of ads on the Service (hereinafter referred to as "Advertising Services"). The price of advertising services is determined in accordance with the tariffs published at https://lalafo.rs/ru/advertising .
2.3 The Customer agrees to the terms set forth in this Offer and undertakes to comply with the "User Agreement" posted at https://lalafo.rs/page/user-agreement and the "Information Posting Rules" posted at https://lalafo.rs/page/how-to-sell, which are integral parts of this Agreement. If changes are made to the User Agreement or Information Posting Rules after acceptance of the Offer by the Customer, the Customer has the right to terminate this Agreement unilaterally. If the Customer continues to use the services of the Service, he agrees and accepts all changes made to the User Agreement or the Information Posting Rules.
2.4. The Contractor may change the name, volume, cost, as well as other conditions for the provision of services without prior agreement with the Customer, of which the Contractor indicates on the relevant pages of the Service. If, after activation of any of the services, its conditions have changed and the Customer does not agree with the new conditions, such Customer has the right to refuse the reception of activated service in conformity with the procedure and on the terms set forth in this Agreement.
3. PRICE OF PAID SERVICES AND PAYMENT TERMS. OTHER TERMS OF SERVICE
3.1. The price of the Contractor's Paid Services hereunder is determined taking into account the tariffs chosen by the Customer, in accordance with subparagraphs 2.2.1 - 2.2.3 of paragraph 2.2 hereof. In this case, the Contractor has the right to provide the Customer with additional discounts and /or bonuses for the current tariffs, unilaterally or by addendum to this Agreement.
3.2. In accordance with the terms of this Agreement, the Paid Services shall be provided on the terms of an advance payment at the rate of 100% (one hundred percent) of the cost of services, unless the Parties additionally agree other conditions.
3.3. Payment for the services shall be made by the Customer through payment systems (bank cards (VISA, MasterCard), payment terminals, electronic and mobile wallets), with which the Service cooperates. Detailed information about payment methods is also available on the pages of the Service or can be provided by the Administration using the contacts indicated on the Service. Payment methods may change.
3.4. The date of payment is the date of crediting the Contractor's account with funds.
3.5. When paying for the Contractor's services through intermediaries (such as payment systems, banks and other entities), such intermediaries are third parties and may charge additional fees, such as a fee for processing a payment, for crediting funds, or other intermediary fees. The Customer shall pay all such additional fees and charges, including those arising from currency conversion.
3.6. Payment for Paid Services can also be made on the terms of automatic renewal of the Paid Service (by debiting funds from the balance of the User's Wallet or on the terms of the "Subscription" service), which are described in section 3 of the User Agreement.
3.7. The Contractor provide Paid Services to the Customer within the periods established in the relevant tariffs for the services.
3.8. If the Customer failed to provide the Contractor with a reasoned objection to the quality or terms of the provision of services by the 5th day of the calendar month following the month of provision of services, such services shall be considered accepted by the Customer in full. Any claims of the Customer for quality and terms of provision of such services by the Contractor are not accepted, and such services are considered to be provided with the appropriate quality and in the appropriate manner.
The Customer may submit all complaints regarding the quality of the services provided through the contacts indicated at https://lalafo.rs/contacts.
3.9. The User may terminate the provision of Other paid services by pressing the appropriate button in the User's Personal area (account). Provision of Other paid services may also be terminated automatically when an ad is rejected or deactivated, when an ad is moved to another category, and in some other cases. In this case, the balance of unused funds is displayed in the User's wallet.
4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT
4.1. The Customer accepts the Offer and concludes this Agreement by pre-payment for the Contractor's services, in accordance with clause 3.2 of the Agreement.
5. EFFECTIVE TERM AND AMENDMENT OF AGREEMENT
5.1. The Agreement comes into force from the date of acceptance of the Offer by the Customer and is valid:
а) until the Parties fully fulfil their obligations under the Agreement, or
b) until the date of early termination of the Agreement.
6. TERMINATION OF THE AGREEMENT
6.1. The Agreement may be early terminated:
6.1.1. Any time by mutual consent of the Parties;
6.1.2. At the initiative of any Party in case of violation of the terms of the Agreement by the other Party, with a written notice to the other Party. In this case, the Agreement will be considered terminated when the Party that violated the terms of the Agreement receives a corresponding written notice from the other Party;
6.1.3. At the initiative of either Party, subject to a written notification to the other Party 5 (five) working days before the date of such termination of the Agreement.
6.1.4. In other cases provided for by this Agreement or legislation.
6.2. The User of the Service who paid for the services of the Service has the right to apply to the Administration with a request to return funds for services that were not provided. Refunds of paid funds are made by the Administration in the following cases:
6.2.1 In case of early termination of the Agreement at the initiative of the Contractor or the Customer, the Contractor shall return to the Customer the balance of the price of paid, but not provided services (except in cases of violation by the Customer of obligations hereunder and the User Agreement at https://lalafo.rs/page/user-agreement).
6.2.2. if the service was not provided for technical reasons that arose during the operation of the Service;
6.2.3. in cases stipulated by the Offer Agreement for the provision of paid services.
6.2.4. in other separate cases by decision of the Administration.
The procedure for the repayment of funds is determined in each specific case between the Administration and the User (Customer).
6.3. The Administration has the right to refuse repayment of funds to the User, in cases where:
6.3.1. The User systematically violates the terms of this Agreement.
6.3.2. If the service has been activated, including in cases where the ad was removed after moderation.
6.3.3. The User posted an ad about prohibited goods.
6.3.4. In case of any problems with the payment system. The Service is not responsible for the operation of payment systems through which Users pay for the services of the Service. The issue of funds repayment in this case shall be resolved on an individual basis.
6.3.5. In other cases, by decision of the Administration.
6.4. The Agreement may be suspended by mutual consent of the Parties.
7. WARRANTIES
7.1. The Contractor warrants that it has all the rights and powers necessary for the conclusion and execution of this Agreement.
7.2. The Customer guarantees and confirms that all information materials provided by him to the Contractor comply with the requirements of the current legislation, including the requirements of the legislation on advertising, copyright and related rights, the requirements of antimonopoly legislation, including the legislation on protection against unfair competition and on the protection of economic competition. The Customer warrants and confirms that the information materials contain all the information required by law, as well as the placement, content and form of information materials complies with other requirements of the current legislation. The Customer undertakes to reimburse the Contractor for the losses (expenses, damage) caused by the violation of this paragraph in full and within the time specified by the Contractor.
7.3. By agreeing to the terms and accepting the terms of this Agreement by accepting it, the Customer represents and warrants to the Contractor that the Customer:
7.3.1. provided reliable data when registering as a User and when processing payment documents for paying for services;
7.3.2. concludes this Agreement voluntarily;
7.3.3. has fully read the terms and fully understands the subject matter of this Agreement;
7.3.4. has fully read the terms of the User Agreement, and also accepts and agrees with it and other rules posted on the Service.
7.3.5. has all the rights and powers necessary for the conclusion and execution of the Agreement;
7.3.6. has all intellectual property rights in relation to the items placed on the Service (marks for goods and services, copyright-protected objects, industrial designs, etc.).
8. RIGHTS OF THE CONTRACTOR
8.1. The Contractor is entitled to:
8.1.1. if necessary, transfer the execution of the Agreement to a third party, remaining fully responsible to the Customer for violation of the Agreement;
8.1.2. manage the Business Profile, as well as other paid services without notifying the Customer, in cases provided for by this Agreement, the User Agreement of the Service, the Rules for Placing Information Materials of the Customer specified on the Service, as well as in other cases provided for by law or applicable rules;
8.1.3. suspend the provision of services if the Customer fails to comply with the requirements of the legislation "On Advertising" or other legislation and / or in case of violation of the rights of third parties, as well as in case of violation by the Customer of its obligations under the Agreement;
8.1.4. refuse creation of a Business Profile or disabling the Business Profile to the Customer, as well as refuse provision of other paid services and / or not accept materials for placement in the following cases:
8.1.4.1. if the information materials do not comply with the rules and requirements of third parties represented by the Customer (Customer's clients);
8.1.4.2. in the event of claims by third parties for infringement of copyright or other rights;
8.1.4.3. in case of refusal of the Customer to provide the documents or information requested by the Contractor regarding information materials;
8.1.4.4. in the event that the Customer violated the terms of payment for the services of the Contractor;
8.1.4.5. if the information materials of the Customer are offensive, humiliating, discriminatory or otherwise unethical in relation to any persons and / or if the information materials violate the rights of any third parties, are dishonest, unreliable, knowingly false or contain other inappropriate information that does not comply with the terms of the Agreement and / or the requirements of the law;
8.1.4.6. in other cases stipulated by the Agreement and/or legislation.
8.1.5. demand and receive from the Customer information, documents, clarifications, explanations, manufacturing instructions regarding promotional materials.
8.1.6. block, delete or restrict access to information materials during the term of the Agreement in cases stipulated by (A) the Rules for placement; (B) the User Agreement of the Service; (C) binding instructions from the state authorities; (D) requests from copyright holders about their violation; (E) in other cases provided for by the Agreement and / or legislation.
8.1.7. if necessary, the Contractor may, but does not undertake to, provide the Customer with consulting services of an advisory nature regarding the compliance of advertising and / or information materials with the current legislation. The Contractor's recommendations are not binding on the Customer and are accepted by the Customer at their own risk. The Contractor is not responsible for the implementation by the Customer of the recommendations of the Administration and for their results.
9. LIABILITY OF THE PARTIES AND LIMITATION OF LIABILITY
9.1. Violation of the terms of this Agreement entails liability of the Parties under the Agreement and/or applicable law.
9.2. The Customer shall be fully liable for:
9.2.1. failure to comply with all legal requirements, including advertising legislation, legislation regulating intellectual property rights, protection of economic competition (but not limited to the above);
9.2.2. violation of the norms and requirements of the current legislation regarding the content and form of information materials, the choice of keywords, the object of advertising (including the domain name of the website of the Customer and / or his client), to which a link is provided, other actions carried out by him as a Customer or a representative of third parties, violation of intellectual property rights, as well as other copyrights of third parties included in information materials or advertising object, unreliable information, errors and inaccuracies in the content of information materials, unreliable information materials and allowing unfair competition in information materials, if the information materials or the object of advertising is offensive, humiliating, discriminatory or is otherwise unethical in relation to any persons and / or if the information materials or the object of advertising violates the rights of any third parties and / or any state, or if advertising is dishonest, knowingly false or otherwise improper;
9.2.3. the accuracy of the information specified by the Customer when registering as a User on the Service and the accuracy of the warranties and representations of the Customer contained in clause 7 of the Offer;
9.2.4. actions (inaction) of third parties involved by the Customer (clients of the Customer and other third parties).
9.3. The Customer, using his own resources and at his own expense, undertakes to settle disputes and claims of third parties in relation to posted information materials or to compensate for losses (expenses, damages, penalties, costs, including legal costs) caused to the Contractor in connection with complaints and claims of third parties or the state regarding the placement of information materials of the Customer.
9.4. The liability of the Contractor to the Customer hereunder, in the event that the latter claims compensation for damages for the failure to provide or the provision by the Contractor of Services of inadequate quality, is limited to the amount of documented losses of the Customer within the amount in accordance with the legislation of the Republic of Estonia.
9.5. In any case, the Contractor does not repay the cost of actually provided services to the Customer.
9.6. The Contractor is not responsible for the failure or non-receipt by the Customer of the economic, financial or other result that the Customer expects to receive with the help of the Contractor's Services. The Customer understands and acknowledges that the discrepancy between the result of the provision of the Services and the result that the Customer expected and wanted to obtain with the help of the Contractor's Services is not a fact of non-provision of such a service and / or provision of the Service of inadequate quality.
10. MISCELLANEOUS PROVISIONS
10.1. All materials, access to which is provided by the Contractor to the Customer, are intellectual property of the Contractor. The Contractor retains the exclusive rights to intellectual property items, which may be created by the Contractor in the process of providing services to the Customer.
10.2. By accepting this Offer the Customer agrees and allows the Contractor to process his personal data that the Customer provides using the Service, including phone numbers, email address, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including cross-border transfer), depersonalization, blocking, destruction of personal data, as well as their transfer to the Contractor's counterparties for the purpose of further processing (including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including cross-border transfer), depersonalization, blocking, destruction of personal data) to conduct research aimed at improving the quality of services, to hold marketing programs, conduct statistical research, as well as to promote services on the market by making direct contacts with the Customer using various communication means, including, but not limited to: mailing list, e-mail, phone, facsimile, and Internet. The Customer agrees and allows the Contractor and the Contractor's counterparties to process the Customer's personal data using automated database management systems, as well as other software tools specially developed on behalf of the Contractor.
10.3. The Customer is not entitled to transfer its rights and obligations under the Agreement to third parties without a prior written consent of the Contractor.
10.4. All disputes and disagreements arising from this Agreement or in connection with it shall be settled by the Parties through negotiations. If the Parties cannot settle a dispute through negotiations, it shall be settled in court in accordance with the current legislation of the Republic of Estonia. All disputes arising from this Agreement shall be subject to the laws of the Republic of Estonia.
SPECIAL OFFER Promotion Regulations
1. General Provisions
1.1. Terms and Definitions
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Organizer |
Limited Liability Company YALLA CLASSIFIEDS OÜ. Information about the Organizer is available on the Internet at: https://lalafo.rs/en/page/user-agreement. |
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Service |
The Internet resource (website) located on the Internet at: https://lalafo.rs/, the website applications based on different operating systems and other services, as well as software, design (graphic design) of the site, applications and other services, the database, any section (subsection) of the services, as well as information posted on the services by the Administration and Users. |
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Services |
Providing access to the Service, as well as other services provided by the Organizer on the Service. |
All other terms and definitions that are found in the text of these SPECIAL OFFER Promotion Regulations (hereinafter referred to as the “Regulations”) are interpreted by the Parties in accordance with the Service User Agreement located at: https://lalafo.rs/en/page/user-agreement.
1.3. These Regulations define the general conditions under which the Organizer provides Users with Special Offers.
1.4. The Regulations ate located at: https://lalafo.rs/en/page/user-agreement.
1.5. The territory of the Promotion: Republic of Serbia.
1.6. Promotion period: of indefinite duration.
2. Participants of the Promotion
2.1. Participants of the Promotion are an indefinite number of Users who meet the requirements of these Regulations and the Service User Agreement and who have fulfilled the conditions established by these Regulations.
2.2. Only capable persons can be Participants of the Promotion.
2.3. Participants of the Promotion can only be Users who have registered with the Service.
2.4. Participants of the Promotion cannot be employees and representatives of the Organizer, persons affiliated with the Organizer, as well as employees of other legal entities and/or individual entrepreneurs involved in the Promotion.
2.5. The Organizer is not obliged to check the ability of an individual to participate in the Promotion.
3. Conditions of the Promotion
3.1. The Organizer guarantees the Special Offer provision to the User exclusively in the manner and on the conditions determined by these Regulations, as well as additional conditions established by the Organizer and brought to the attention of the Participants in the manner determined by the Organizer.
3.2. In order to take part in the Promotion, a person must be a registered User of the Service, as well as meet other requirements (if applicable) in accordance with the additional conditions for a specific Promotion.
3.3. Persons who do not comply with these Regulations and the Service User Agreement, as well as persons who did not provide / incompletely or untimely provide the relevant information, are not allowed to participate in the Promotion. The Organizer reserves the right to determine the circle of persons participating in the relevant Promotion at its discretion.
3.4. The Organizer is not responsible for untimely receipt of data, which happened through no fault of the Organizer.
3.5. One person has the right to take part in the Promotion several times.
3.6. The Special Offer may include (but not limited to):
- Service Discount;
- Replenishment of the Participant's wallet on the Service;
- Cashback.
* The list of Special Offers specified in this paragraph is not exhaustive. The Organizer has the right to change (supplement) the list of Special Offers, as well as to apply the Special Offers in aggregate or separately at the discretion of the Organizer, about which the Participants of the Promotion are informed additionally.
3.7. Special Offers can be used exclusively for those goods / works / services that are determined by the Organizer.
3.8. The Participant of the Promotion has the right to independently refuse the Special Offer at any time by taking the necessary actions on the corresponding page of the Service or by notifying the support division of the Service.
3.9. The Organizer has the right not to provide the Special Offer to a Participant in accordance with these Regulations if the User violates the provisions of the Service User Agreement and / or other contracts and agreements concluded with the Organizer.
3.10. No amount of discounts or the amount of additional funds (in particular, cashback) credited to the Participant’s balance of his/her wallet on the Service is in any way considered to be cash and is not provided to the Participant in monetary terms.
3.11. If it is necessary to obtain additional clarifications on a specific Promotion, the Participant may contact the support division, which contacts are posted on the Service.
4. Final Provisions
4.1. Before participating in the relevant Promotion, the User undertakes to familiarize him/her-self with the current version of the Regulations, as well as additional Conditions approved by the Organizer. If the Participant does not agree with the Regulations and / or the relevant additional Conditions, the User undertakes to refuse participating in the relevant Promotion and notify the Organizer about it.
4.2. Performance by the User of actions aimed at participation in the Promotion is recognized as confirmation by the User that he/she becomes the Participant of the Promotion and the User is familiar with, fully agrees and accepts these Regulations, as well as all additional Conditions of the Promotion determined by the Organizer.
4.3. The Organizer has the right to unilaterally change the Regulations’ Conditions or additional Conditions of the relevant Promotion. Such changes come into force from the moment a new edition of the Regulations is published and/or the relevant additional Conditions of the Promotion are brought to the attention of the Participants of the Promotion. If the User does not agree with the new version of the Regulations or additional Conditions for the relevant Promotion, the User undertakes to refuse to participate in the relevant Promotion and notify the Organizer about it.
4.4. If, for any reason, any part of the Promotion or the entire Promotion cannot be carried out as planned, including due to computer viruses, Internet failures, defects, manipulation, tampering, forgery, technical problems or any other reason, beyond the control of the Organizer that misrepresents or affects the performance, safety, fairness, integrity or proper conduct of the Promotion, the Organizer may, in its sole discretion, cancel, terminate, modify or suspend the Promotion, or invalidate any Special Offers. Any notice to this effect will be posted on the Service.
4.5. The Organizer may withdraw any or all Special Offers at any time and for any reason.
4.6. In the event of any disagreement between the User and the Organizer regarding the Promotion, such disagreements must be settled using the mandatory pre-trial claim procedure. The User undertakes to send a claim to the e-mail address indicated on the Service.
If the above condition is not observed, the mandatory claim procedure is not considered to be complied with.
4.7. The Regulations and all legal relations arising from it, as well as everything that is not provided for by these Regulations, is governed by the legislation of the Republic of Serbia. All disputes arising are resolved in accordance with the legislation of the Republic of Serbia.
5. Details of the Organizer
Limited Liability Company YALLA CLASSIFIEDS OÜ
Address: Pärnu Road 22, 10141 Tallinn, Estonia
