KMALL.UZ MARKETPLACE USER AGREEMENT
This User Agreement of the kmall.uz online platform (hereinafter referred to as the “Marketplace”) governs the use of services provided by kmall.uz to Suppliers and Users when making purchases at kmall.uz. The moment of acceptance of the terms of this AGREEMENT for the Supplier (Seller) is considered to be his registration on the Marketplace for the purpose of publishing his Products, and for the User (buyer) - viewing products or other actions for the purpose of purchasing Products published on the Marketplace or in an ACCOUNT (sending an order, writing a letter , call the specified phone number and others).
TERMS AND DEFINITIONS
Offer – a public offer of OOO NURON DIGITAL COMPANY, addressed to any individual and/or legal entity, to conclude a Public Agreement with him for the provision of services on the terms contained in this Agreement, including all its annexes;
Website is an Internet resource open for public use, posted by the Administrator on the Internet at the address: www.kmall.uz
The site administration is a legal entity that is the owner of the Site (NURON DIGITAL COMPANY LLC).
Order – a request to search for a Supplier and purchase a Product that meets the characteristics specified by the Buyer, issued through the Service.
Buyer – any visitor who has used the information published on the Marketplace for the purpose of further acquisition.
Supplier is a legal entity and/or individual entrepreneur who has registered on the Marketplace in order to create his own account and personal account on the Marketplace platform, to sell Goods through the Marketplace and receive funds from individuals for the Goods sold.
A personal account is a special section of the website, accessible only to the relevant Supplier, accessible by entering a login and password or by logging in via email. Through the personal account, general management of the Supplier’s information published on the account is carried out.
Personal data is information or a set of information about an individual who, with their help, is identified or can be specifically identified.
An account is a special page created by the Supplier on the site platform and designed to display the information published by it. The account is an open page and the information published on it is available to all its users, without any restrictions.
Order Basket - Designed to select goods during the formation of an order by the Buyer, that is, a set of goods selected by the Buyer for the order.
1. MARKETPLACE OPPORTUNITIES
1.1. The Marketplace is an Internet resource open to the public, where Suppliers have the opportunity to register for the purpose of selling their Products through the Marketplace, and Users can use the information published on the Marketplace and in their account for the purpose of further purchasing Products.
1.2. After registration, the Supplier has the opportunity to create his own account on the Marketplace platform and publish his Products and services for the purpose of their further sale. The supplier also has the option to post additional company information to their account. All published information in the Supplier’s account is simultaneously published in the relevant sections of kmall.uz, and is the property of kmall.uz.
1.3. In order to gain access to certain services provided by the Marketplace, the Supplier may be required to provide information about himself, including personal information, contact information, as part of the registration process on the kmall.uz website. The Supplier agrees that any information it provides during the registration process on the kmall.uz website will always be accurate, reliable and up-to-date.
1.4. The Supplier agrees that it is responsible for any violation of the obligations provided for in this Agreement, as well as for all consequences of violations (Rules for posting information), including compensation for damages caused to kmall.uz.
1.5. The site administration reserves the right to make changes to the list of available functions and options for account management at any time without any special notice.
1.6. The site is not the organizer of the transaction or a party to it, but is a trading communication platform that provides the opportunity to post Products not prohibited by law for sale, as well as to purchase Products published on the Marketplace or on an account.
1.7. The site administration does not publish information about Products on the Marketplace for the purpose of their further sale. The site administration does not oblige users to purchase or use Products published on the site or in their accounts.
2. PUBLICATION OF INFORMATION ON THE MARKETPLACE
2.1. The placement of information on the Marketplace must be in full compliance with the rules that will not contradict the rules for posting information on the Marketplace.
2.2. The site administration reserves the right to refuse publication of information posted by the supplier if the published information does not comply with the Rules
posting information on the website. At the same time, the information will not be published either in the Supplier’s account or in the relevant sections of the Marketplace.
3. COST OF SERVICES
3.1. The cost of Marketplace services is calculated from the amount of sales by the Supplier of its goods through the Marketplace and is indicated separately in the specification for the agreement with the Supplier.
3.2. The cost of services may be changed at any time with prior notice and notification to the Supplier. Also, the Site Administration has the right at any time, with advance notice, to close access to certain account management functionality (previously available on a free basis) and open access to it only on a paid basis.
3.3. In case of blocking or deleting the Supplier's account due to violation of the last terms of this Agreement, the amount paid by the Supplier for services is not refundable. If the Services provided are not paid for by the Supplier, the Supplier is obliged to pay for such Services.
4.1. Delivery throughout the city of Tashkent.
4.1.1. Since the Kmall marketplace only connects stores with customers, the cost and delivery time are determined by the end seller. That is, it can be either paid or free, depending on the store where you make the purchase;
4.1.2. IMPORTANT! When ordering several products from different sellers, delivery is paid separately for each store. Delivery times from each point are also individual;
4.1.3. If the recipient customer refuses the delivered goods, he only pays the delivery cost.
4.2. Delivery to regions in Uzbekistan.
4.2.1. Delivery within Uzbekistan is carried out through courier services;
4.2.2. Delivery time in Uzbekistan is on average from 3 to 6 days.
4.2.3. The final delivery cost may be changed depending on physical measurements of the volume and weight indicators of the weight of the goods (length, width, height).
4.2.4. If the buyer wants delivery on holidays or weekends, then the delivery cost will be supplemented by 50% of the delivery cost, according to the courier service tariffs;
4.2.5. If the buyer refuses the delivered goods, he only pays the delivery cost;
4.2.6. The goods are issued to the buyer, whose full name is indicated in the accompanying documents;
4.2.6. If there are entry restrictions at the delivery address (pass system or paid entry), you must ensure that you obtain an entry permit. Otherwise, delivery is possible only to places of paid or restricted entry.
4.2.7. Staircases and doorways must be clear and allow goods to be easily brought into the premises in packaging. If it is not possible to bring the goods into the apartment (office), the goods are transferred to the place to which delivery was possible;
4.3. Force Majeure.
4.3.1. Delivery times may change in the event of force majeure circumstances beyond the control of the Contractor:
natural disasters, technical problems at the state or regional level, hacker attacks, fires, riots, revolution, military operations, pandemic, quarantine or other disasters occurring in areas officially recognized as being influenced by the above circumstances.
5. RIGHTS AND OBLIGATIONS
5.1. The site administration undertakes:
5.1.1. Make every effort to properly fulfill your obligations under this Agreement, including the normal operation of Marketplace services and non-distribution of personal data provided by Suppliers, except in cases provided for by the legislation of the Republic of Uzbekistan.
5.2. The site administration has the right:
5.2.1. Carry out mandatory verification (moderation) of each proposal before publication in the Marketplace catalog to ensure their compliance with the established rules of the Site.
5.2.2. Edit or refuse to publish information posted by the Supplier (products, news, articles, etc.) without giving a reason if the information does not comply with the Rules for posting information on the Marketplace, as well as if it contradicts the laws of the Republic of Uzbekistan or offends public morals.
5.2.3. If the Supplier repeatedly violates the terms of this Agreement, the Site Administration reserves the right to block or delete the account, as well as all information published in it, at any time. In this case, the Site Administration leaves the notification of the Supplier about such measures at its own discretion, without being liable for its actions to Suppliers and third parties.
5.2.4. A repeated violator is considered to be a Supplier or Buyer who has been notified by the Site Administration two or more times about conducting activities that violate the site rules and the rights of third parties.
5.2.5. Accounts can also be deleted or blocked by the site Administration without warning in the event of: o receipt of binding decisions of government bodies of the Republic of Uzbekistan; o claims of the copyright holder due to violation of copyright and (or) related rights by the Site Provider; o Other violation of the rights or legitimate interests of other Suppliers or Buyers of the site, legal entities and individuals upon their motivated request; o Detection of information that is prohibited from posting on the Site in accordance with this Agreement and the Rules for posting information on the site.
5.2.7. At any time, stop operating the Marketplace services or any part thereof with notice to the Suppliers, without incurring material or non-material liability for such changes or termination.
5.2.8. Transfer the Marketplace with all its services and content, including personal information of Suppliers, to your legal successor under contracts or other grounds. Notification of Suppliers or Users about such transfer is carried out at the discretion of the Site Administration.
5.3. The supplier has the right:
5.3.1. Use information published on the Marketplace or in Accounts for the purpose of studying and (or) purchasing.
5.3.2. Perform actions for the purpose of purchasing Products published on the website or in the account (submitting an order, sending a letter, calling the specified phone number to the Buyer and others)
5.3.3. Create an account on kmall.uz. After completing the registration procedure.
5.3.4. Gain access to your personal account and the corresponding functions and capabilities that are available at the time of registration.
5.3.5. Post information about his offers (products, services), as well as information regarding the company he represents.
5.3.6. Edit or delete previously published information.
5.3.7. Send messages to other Buyers.
5.3.8. Send suggestions regarding the operation of the site by email.
5.4. The Supplier undertakes:
5.4.1. Do not transfer or sell your site login information to third parties. The Supplier also does not have the right to directly or indirectly allow third parties to use its email address and password.
5.4.2. Immediately change the login details if he has reason to suspect that these details have been disclosed or may be used by third parties.
5.4.3. Do not post information on your Account that may be illegal, threatening, offensive, libelous, knowingly false, unreliable, rude, obscene, harm other Buyers, Suppliers and the Marketplace, violate their rights and legitimate interests.
5.4.4. Do not send information to other Buyers, Marketplace Suppliers, in the form of emails of an advertising, commercial or campaign nature, as well as letters containing rude and offensive expressions and proposals.
5.4.5. Do not take any actions that may result in a disproportionately large load on the Marketplace infrastructure.
5.4.6. Do not interfere with the use of the Marketplace by other Suppliers, Buyers, through the spread of computer viruses, data corruption, constant sending of repetitive information, simultaneous sending of a large number of emails and/or requests to the Site and other actions with the aim of deliberately disabling the Marketplace server. Do not carry out other actions that go beyond the normal intended use of the Site, which may intentionally or through negligence lead to disruptions in its operation.
5.4.7. Do not copy, reproduce, modify, distribute or present to the public any information contained on the Marketplace (except for Information provided by the Supplier or Buyer himself) without the prior written permission of the Site Administration.
5.4.8. Do not interfere or attempt to interfere with the work and other activities on the Marketplace, the operation of automatic systems or processes, or other activities, in order to limit access to kmall.uz.
6. RESPONSIBILITY OF THE PARTIES
6.1. Responsibility for making a decision or taking any action in purchasing Goods, or posting information about Goods and services on kmall.uz rests only with the Supplier and/or Buyer.
6.2. Relations in the field of consumer rights protection are regulated by the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan “On the Protection of Consumer Rights” and other legal acts of the Republic of Uzbekistan.
6.3. The site administration is not responsible for:
6.3.1. For the content and accuracy of information published or provided by the Supplier;
6.3.2. For the quality, performance, safety, legality of Goods and services advertised, purchased or received as a result of the use of advertising information contained on kmall.uz, their possible non-compliance with generally accepted standards or the Buyer’s expectations;
6.3.3. For the consequences of using the information received by the Supplier or for the consequences of the Supplier posting information belonging to it;
6.3.4. For direct or indirect damage caused to the Buyer, as well as any material or intangible losses caused as a result of the use or inability to use Marketplace materials. All responsibility for the content and accuracy of offers, as well as for direct or indirect damage as a result of the use of information posted on the site, lies with the Supplier who published the corresponding offer. All disputes and conflicts between Suppliers and Users are resolved by them independently without the involvement of the owner of the Site: kmall.uz;
6.3.5. The Supplier is obliged to comply with all the rights of the Buyer in accordance with the established procedure, including in the case of purchasing goods.
6.3.6. The Supplier acknowledges and agrees that the Buyer has the following rights:
— The buyer has the right to refuse the ordered non-food product of proper quality without giving a reason at any time: before receiving it, at the time of delivery of the goods by courier, and also after receipt within 10 days.
— Return or exchange of goods is possible when: its presentation (packaging, seals, labels), consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product (sales or cash receipt) are preserved.
— Goods of proper quality are not subject to return or exchange, in accordance with Appendix 1 to the Retail Trade Rules of the Republic of Uzbekistan, approved by Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 75 dated February 13, 2003.
6.3.7. Upon receipt of goods of inadequate quality, if the defects were not specified by the Supplier, the Buyer has the right, at his choice, to demand from the Seller (in relation to food products, the buyer has this right within 24 hours after receipt):
— o replacement with a product of a similar brand (model, article);
- o replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
— o proportionate reduction in the purchase price;
— o immediate, free of charge elimination of product defects;
— o reimbursement of expenses for eliminating defects in goods.
6.3.8. The procedure for returning goods of inadequate quality is carried out in the manner specified in clause 6.3.7. , and the return application must indicate exactly what defect the product being returned by the Buyer contains.
6.3.9. In cases where it is necessary to return funds, the Supplier is obliged to return them to the Buyer on the basis of a document presented and equivalent to a check confirming payment for the goods in the same way as payment for the purchase of goods was made within 30 days from the date of presentation of the specified document.
6.3.10. For the use (both legal and illegal) of information by third parties posted on kmall.uz, including their reproduction and distribution, carried out both within the site and in other possible ways;
6.3.11. For failure to fulfill or difficulty in fulfilling obligations to provide access to kmall.uz due to unforeseen circumstances, the consequences of which cannot be avoided or overcome (such as government decisions, labor disputes, accidents, breaks in the general communications system, for malfunctions in the operation of the site caused by technical interruptions in the operation of equipment and software, etc.).
7. FORCE MAJEURE
7.1. The Parties are not responsible for non-fulfillment or improper fulfillment of obligations under this agreement if such non-fulfillment is caused by circumstances of force majeure (force majeure) beyond the control of the Parties, in particular: natural disasters, technical problems at the state or regional level beyond the control of the Contractor, attack by hacker attacks, fires, riots, revolutions, military operations, declaration of a pandemic, quarantine or other disasters occurring in areas officially recognized as being influenced by the above circumstances.
8.1. All information published in accounts displayed in the relevant sections of kmall.uz is publicly available, with the exception of the login and password for accessing the Supplier’s personal account. By accepting the terms of this Agreement, the Supplier gives his consent to the processing in any form of his personal data transferred to the Site Administration and/or posted by him on the Site, including, but not limited to, the Supplier grants the Site Administration the rights provided for in paragraphs. 8.2, 8.3 of this Agreement.
8.2. The site administration has the right to transfer personal data to third parties, in particular, Sellers, owners of stores registered on the kmall.uz website, courier services solely for the purpose of fulfilling orders placed on the kmall.uz website and sending advertising, information and other messages to Users.
8.3. The site administration also reserves the opportunity to use the personal information of Users and Suppliers anonymously and in aggregate form for its own statistical and marketing purposes, as well as to notify Users and Suppliers about the procedure for providing services.
8.4. The site administration is not responsible for possible misuse of personal information of Suppliers that occurs due to:
8.4.1. Transfer by Suppliers of their unique identification data for access to protected pages of the site to persons who do not have the right to such access.
8.4.2. Misuse of information from the Marketplace by registered Suppliers or other persons and/or organizations that occurred when they violated the terms of this Agreement.
9. FINAL PROVISIONS
9.1. This Agreement in cases not regulated by this Agreement is governed by the legislation of the Republic of Uzbekistan.
9.2. Use of the Service means the Buyer’s consent to the current Agreement and its annexes.
9.3. Failure to use or non-use by the Site Administration of any rights or remedies provided for in this Agreement, or owned by the Site Administration by force of law, does not mean a waiver by the Site Administration of such rights and/or remedies.
9.4. The paragraph titles in this Agreement are for reference purposes only and do not control or affect the meaning or interpretation of any term or provision of this Agreement.
9.5. If any term or provision of this Agreement is finally determined to be invalid or unenforceable, (a) the remaining terms and provisions of this Agreement shall be unaffected and (b) the invalid or unenforceable term or provision shall be replaced by terms or provisions that are valid. and may be enforced and most closely expressed in relation to the purposes of the invalid or unenforceable terms or conditions.