USER AGREEMENT FOR KMALL.UZ MARKETPLACE
This User Agreement of the online platform kmall.uz (hereinafter referred to as the "Marketplace") governs the use of services provided by kmall.uz to Suppliers and Users when making purchases in kmall.uz. The moment of acceptance of the terms of this AGREEMENT for the Supplier (Seller) is his registration on the Marketplace in order to publish his Goods, and for the User (buyer) - viewing the goods or other actions in order to purchase the Goods published on the Marketplace or in the ACCOUNT (sending an order, writing a letter , a call to the specified phone number, etc.).
TERMS AND DEFINITIONS
Offer – a public offer of NURON DIGITAL COMPANY LLC, addressed to any individual and/or legal entity, to conclude a Public Agreement on the provision of services with him on the terms contained in this Agreement, including all its annexes;
Website - an Internet resource open for public use, posted by the Administrator on the Internet at the address: www.kmall.uz
Site Administration - 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, executed through the Service.
Buyer - any visitor who has used the information published on the Marketplace in order to further purchase them.
Supplier – a legal entity and/or an individual entrepreneur who has registered on the Marketplace in order to create their own account and personal account on the Marketplace platform, to sell Goods through the Marketplace and receive funds from individuals for the Goods sold.
Personal account is a special section of the site, available only to the relevant Supplier, accessible by entering the Login and password or by authorization via e-mail. Through the personal account, the general management of the information published on the account of the Supplier 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 Provider on the website platform and designed to display information published by him. The account is a public page and the information published on it is available to all its users, without any restrictions.
Basket of Orders - Designed for selecting goods during the formation of an order by the Buyer, that is, a set of goods selected by the Buyer for the order.
1. POSSIBILITIES OF THE MARKETPLACE
1.1. The Marketplace is an Internet resource open to the public, where Suppliers have the opportunity to register in order to sell their Goods through the Marketplace, and Users can use the information published on the Marketplace and in the account in order to further purchase the Goods.
1.2. After registration, the Supplier has the opportunity to create its own account on the Marketplace platform and publish its Goods and services for the purpose of their further sale. The supplier also has the option to post additional information about the company in 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 access certain services provided by the Marketplace, the Supplier may be required to provide information about himself, including personal data, contact details, as part of the registration process on the kmall.uz website. The Supplier agrees that any information that he 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 stipulated by 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 managing an account 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 place Goods not prohibited by law for the purpose of sale, as well as purchase Goods published on the Marketplace or on the account.
1.7. The site administration does not publish information about the Goods on the Marketplace for the purpose of their further sale. The site administration does not oblige users to purchase or use the Goods published on the site or in accounts.
2. PUBLISHING INFORMATION ON THE MARKETPLACE
2.1. The placement of information on the Marketplace must take place in full accordance 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 to publish 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 both in the Supplier's account and in the relevant sections of the Marketplace.
3. COST OF SERVICES
3.1. The cost of the Marketplace services is 10% of the amount of the Supplier's sale of its goods through the Marketplace.
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, by notifying in advance, to close access to certain account management functionality (previously available free of charge) and open access to it only on a paid basis.
3.3. In case of blocking or deletion of the Supplier's account, due to the violation of the latter terms of this Agreement, the amount paid by the Supplier for the services is non-refundable. In the event that the Services rendered are not paid for by the Supplier, the Supplier is obliged to pay for such Services.
4.1. Delivery in 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 both paid and free, depending on the store where you make a purchase;
4.1.2. IMPORTANT! When ordering several products from different sellers, shipping is paid separately for each store. Delivery times from each point are also individual;
4.1.3. You can familiarize yourself with the terms of the delivery policy of each seller by selecting the product card of the Seller of the product you are interested in, the section "Delivery and other";
4.1.4. In the event that the recipient customer refuses the delivered goods, he pays only the cost of delivery.
4.2. Delivery to regions across Uzbekistan.
4.2.1. Delivery in Uzbekistan is carried out through courier services;
4.2.2. Delivery time in Uzbekistan is carried out within 3 days.
4.2.3. The total cost of delivery can be changed depending on the physical measurements of the volume and weight indicators of the weight of the goods (length, width, height).
4.2.4. If the buyer wanted to arrange delivery on holidays or weekends, then a surcharge of 50% of the delivery cost is added to the delivery cost, according to the tariffs of the courier service;
4.2.5. If the buyer refuses the delivered goods, he pays only the cost of delivery;
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 (permit system or paid entry), you need to ensure that you obtain an entry permit. Otherwise, delivery is possible only to the place of paid or restricted entry.
4.2.7. Stair passages and doorways must be free and allow you to freely bring the goods into the room in the package. If it is not possible to bring the goods to the apartment (office), the goods are handed over at the place to which it was possible to deliver;
4.3. Force Majeure.
4.3.1. Delivery times may change in case of force majeure circumstances beyond the control of the Contractor:
acts of God, technical failures at the state or local level, attack by hacker attacks, fires, riots, revolution, war, pandemic, quarantine or other disasters occurring in areas officially recognized as being affected by the above circumstances.
5. RIGHTS AND OBLIGATIONS
5.1. The site administration undertakes:
5.1.1. Make every effort to properly fulfill its obligations under this Agreement, including the normal operation of the Marketplace services and the non-distribution of personal data provided by Suppliers, except as provided by the legislation of the Republic of Uzbekistan.
5.2. The site administration has the right:
5.2.1. Perform mandatory verification (moderation) of each offer before publication in the Marketplace catalog for their compliance with the established rules of the Site.
5.2.2. Edit or refuse to publish the information posted by the Supplier (goods, news, articles, etc.) without giving a reason if the information does not comply with the Rules for posting information on the Marketplace, and also if it contradicts the laws of the Republic of Uzbekistan or offends public morality.
5.2.3. In case of repeated violation by the Supplier of the terms of this Agreement, the Site Administration reserves the right to block or delete the account at any time, as well as all information published in it. At the same time, the Site Administration leaves the notification of the Supplier about such measures at its own discretion, without being liable for its actions to the Suppliers and third parties.
5.2.4. A repeated violator is considered to be the Supplier or the Buyer, two or more times notified by the Site Administration about the conduct of activities that violate the rules of the site 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 receiving binding decisions of state bodies of the Republic of Uzbekistan; o requirements 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 at their reasoned appeal; o Detection of information that is prohibited from being posted on the Site in accordance with this Agreement and the Rules for posting information on the site.
5.2.7. At any time, terminate the operation of the Marketplace services or their part with the notification of the Suppliers, without incurring material and non-material responsibility for such changes or termination.
5.2.8. Transfer the Marketplace with all its services and content, including the personal information of the Suppliers, to its legal successor under contracts or otherwise. Notification of Suppliers or Users of such a transfer is at the discretion of the Site Administration.
5.3. The supplier has the right:
5.3.1. Use the information published on the Marketplace or in the Accounts for the purpose of studying and (or) acquiring.
5.3.2. Perform actions in order to purchase the Goods published on the website or in the account (sending an order, sending a letter, calling the specified phone number to the Buyer, and others)
5.3.3. Create an account on kmall.uz. By going through the registration process.
5.3.4. Get access to your personal account and to the relevant functions and features that are available at the time of registration.
5.3.5. Post information about your offers (goods, services), as well as information about 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 proposals on the work of the site by e-mail.
5.4. The Supplier undertakes:
5.4.1. Do not share or sell your login details to third parties. The Supplier also has no right to directly or indirectly allow third parties to use its e-mail address and password.
5.4.2. Change the login details immediately 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 on your Account information that may be illegal, threatening, offensive, defamatory, knowingly false, inaccurate, 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 promotional nature, as well as letters containing rude and offensive expressions and suggestions.
5.4.5. Do not take any action that may lead to a disproportionately large load on the Marketplace infrastructure.
5.4.6. Do not interfere with the use of the Marketplace by other Suppliers, Buyers, by spreading computer viruses, corrupting data, constantly sending repetitive information, sending a large number of emails and / or requests to the Site at the same time and other actions in order to intentionally disable 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 failures 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 the Information provided by the Supplier, the Buyer) without the prior written permission of the Site Administration.
5.4.8. Do not interfere or try to interfere with the work and other activities on the Marketplace, the operation of automatic systems or processes, other activities, in order to restrict access to kmall.uz.
6. RESPONSIBILITIES OF THE PARTIES
6.1. Responsibility for making a decision or taking any action in the acquisition of the Goods, or posting information about the Goods and services on kmall.uz, lies solely with the Supplier and / or the 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 Protection of Consumer Rights" and other regulatory 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 the 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 expectations of the Buyer;
6.3.3. For the consequences of using the information received by the Supplier or for the consequences of placing the information belonging to the Supplier by the Supplier;
6.3.4. For direct or indirect damage caused to the Buyer, as well as any material or non-material losses caused as a result of the use or inability to use Marketplace materials. All responsibility for the content and accuracy of the offers, as well as for direct or indirect damage resulting from the use of the information posted on the site, is borne by the Supplier who published the corresponding offer. All disputes and conflicts between Suppliers and Users are resolved by them independently without involving 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 the purchase of 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 good quality without giving a reason at any time: before it is received, at the time of delivery of the goods by the 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 goods (sales receipt or cash receipt) are preserved.
- Goods of good quality are not subject to return or exchange, in accordance with Appendix 1 to the Rules of Retail Trade of the Republic of Uzbekistan, approved by the 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 for a product of a similar brand (model, article);
- o replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
— o a proportional reduction in the purchase price;
- o immediate gratuitous elimination of product defects;
- o reimbursement of expenses for the elimination of 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. , while the application for return must indicate which defect contains the goods returned by the Buyer.
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 equated to a check confirming payment for the goods in the same way that the 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 decisions of the authorities, labor disputes, accidents, interruptions in the general communications system, for malfunctions of the site caused by technical failures in the operation of equipment and software, etc.).
7. FORCE MAJOR
7.1. The Parties shall not be liable for failure to perform or improper performance of obligations under this Agreement if such failure is caused by force majeure circumstances (force majeure) beyond the control of the Parties, in particular: natural disasters, technical failures at the state or district level beyond the control of the Contractor, hacker attacks, fires, riots, revolutions, hostilities, pandemics, quarantines or other disasters occurring in areas officially recognized as being under the influence of the above circumstances.
8.1. All information published in the 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 agrees 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, to the 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 promotional and informational and other messages to Users.
8.3. The site administration also reserves the right to use the personal information of Users and Suppliers anonymously and in a generalized 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 the possible misuse of the personal information of the Suppliers due to:
8.4.1. Transfer by the Suppliers of their unique identification data for access to the 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 shall be governed in accordance with the legislation of the Republic of Uzbekistan.
9.2. Using the Service means the Buyer's consent to the current Agreement and its annexes.
9.3. Non-use or non-use by the Site Administration of any rights or remedies provided for in this Agreement, or belonging to the Site Administration by virtue of law, does not mean a waiver by the Site Administration of such rights and / or remedies.
9.4. The paragraph headings 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 it is finally determined that any term or provision of this Agreement is invalid or unenforceable, (a) the remaining terms and conditions of this Agreement shall remain unaffected and (b) the invalid or unenforceable terms or provisions shall be replaced by the 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.