1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the "Agreement") applies to the website of Limited Liability Company "VELES" (hereinafter referred to as "VELES"), located at: https://isuzu-import.com, and to all corresponding websites linked to it (including subdomains related to this address).
1.2. VELES is the holder of exclusive rights to the internet resource, which represents a collection of information and intellectual property objects (including software, databases, interface design, etc.) contained in an information system, access to which is provided from various user devices connected to the Internet via special software for viewing web pages (browsers) at the address: https://isuzu-import.com (including subdomains related to this address) (hereinafter referred to as the "Website"). VELES is the holder of exclusive rights to the domain name, the logo placed on the Website, the VELES trademark, databases, and all technical developments enabling the use of the Website.
1.3. This Agreement governs the relationship between VELES and individuals using the Website under the terms set forth in this Agreement (hereinafter referred to as the "User" or "Users").
1.4. This Agreement constitutes a public offer. By accessing the Website, the User is deemed to have accepted this Agreement. Use of the Website signifies the User's acceptance of the terms of this Agreement and all amendments made by VELES, namely: any use of the Website by the User in any manner and form within its declared functional capabilities, regardless of whether the User is registered or authorized on the Website, including but not limited to: viewing materials posted on the Website; registration and/or authorization on the Website; searching, viewing, or submitting Listings; sending messages via contact forms; posting or displaying Information on the Website, including but not limited to: texts, hyperlinks, images, audio and video files, and other information; using the Website in any other manner, confirms that the User has familiarized themselves with the terms of this Agreement and expresses full and unconditional consent to its terms, agrees to follow instructions for using the Services, and accepts responsibility for actions related to the use of the Website. In case of disagreement with the terms of this Agreement, the User must immediately discontinue use of the Website. VELES does not accept or consider counter-proposals from the User regarding amendments to this Agreement.
1.5. VELES reserves the right to modify, add, or remove provisions of this Agreement at any time without notifying Users. The new edition of the Agreement comes into force from the moment of its publication on the Website, unless otherwise expressly stated in the new edition. Regular familiarization with the current edition of the Agreement is the User's responsibility. Use of the Website after the new edition of the Agreement comes into force signifies the User's consent to it and the full application of the provisions of the new edition. The current edition of the Agreement is available at https://isuzu-import.com/soglasie/.
1.6. By accessing the Website, the User thereby guarantees that they possess all rights and powers necessary to fulfill this Agreement, including being of legal age and fully legally capable, or being a minor declared fully legally capable by decision of an authorized body (emancipation), or being a minor aged 14 or older who has obtained written permission in the form required by law from their parents or other legal representatives to fulfill this Agreement.
1.7. By accessing the Website, the User consents to receiving advertising information posted on the Website by third parties. The User understands and agrees that VELES does not determine the content of and is not responsible for such information, including websites to which links may be contained in such materials.
2. APPLICABLE TERMS AND LEGISLATION
2.1. Services – functional capabilities, departments, services, and tools available to Users on the Website.
2.2. Object/Service – a real estate object, other product, service, or offer posted on the Website.
2.3. Listing – an informational message (including contact information, photographs, graphic images, and other information) posted on the Website with an offer of Objects/Services to an indefinite circle of persons, posted by VELES, or by a User, or by third parties (provided that the listing posting service is functional).
2.4. Information – any materials and information provided by the User to VELES in connection with the use of the Website or posted by the User on the Website in publicly accessible sections, including but not limited to: contact information, reviews, descriptions of real estate objects in Listings, photographs.
2.5. Account Credentials – a unique login (email address) and password created independently by the User for the purpose of registration on the Website and creation of a personal account, or subsequently changed by the User through the personal account or by another method provided for by this Agreement, used to access the personal account.
2.6. Legislation – the legislation of the Russian Federation governing legal relations in the field of information and information technologies, advertising, personal data protection, copyright, counteraction to legalization (laundering) of proceeds obtained criminally, and financing of terrorism, including but not limited to Federal Law No. 38-FZ dated March 13, 2006 "On Advertising", Federal Law No. 149-FZ dated July 27, 2006 "On Information, Information Technologies and on Protection of Information", Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data", Federal Law No. 115-FZ dated August 7, 2001 "On Counteraction to Legalization (Laundering) of Proceeds Obtained Criminally and Financing of Terrorism", and the Civil Code of the Russian Federation.
3. TERMS OF USE OF THE WEBSITE
3.1. VELES offers the User, under the terms of this Agreement, the opportunity to use the Services available on the Website (including but not limited to: searching, viewing, and posting Listings) for the purpose of obtaining the most complete information about Objects/Services of interest, rights holders of Objects/Services, services/works provided by VELES; creating ratings and opinions; and User participation in contests and other promotions conducted by VELES.
3.2. VELES reserves the right at any time to review or change the terms of providing Services, establish additional terms, rules, and restrictions, expand, change the form and nature of the functional capabilities of the Website and/or Services and/or individual functional capabilities of the Website, without prior notice to the User, in connection with which their use is offered on an "as is" basis, i.e., in the form and volume in which they are provided by VELES at the time of Users' access to the Services. VELES reserves the right, at its discretion and as necessary, to suspend (temporarily or permanently) the provision of Services or any individual functions within the Services to all Users collectively or to an individual User specifically, without prior notice.
3.3. Services are provided to the User free of charge, in the volume available through direct access to the Website, unless otherwise specifically stated. The provision of individual Services may be governed by special rules and/or agreements that are an integral part of this Agreement, other terms and rules, or individual agreements drawn up in writing and signed by VELES and the User. In case of contradiction or inconsistency between the text of this Agreement and special written rules and/or agreements, the latter shall prevail.
3.4. The User acknowledges that the description of an Object/Service posted by VELES does not claim to be exhaustive and may contain inaccuracies. The User acknowledges that VELES makes reasonable efforts to ensure that the characteristics and descriptions of Objects/Services, their cost, and the terms of acquisition/disposal of real estate objects correspond to the descriptions provided on the Website, while such information may be changed directly by the rights holder of the real estate objects or in connection with changes to VELES service tariffs without prior notice to the User. To avoid misunderstandings, VELES recommends clarifying key information about an Object/Service of interest by phone or email specified in the relevant section of the Website.
3.5. Viewing information posted on the Website in the public domain does not require User registration and/or authorization; however, when performing such actions, the User is in any case obliged to comply with the provisions of this Agreement. In case the User performs registration actions on the Website for the purpose of creating a personal account and gaining access to individual Services, the User is obliged to safeguard their Account Credentials and not disclose them to third parties. Any action performed from the User's personal account using their Account Credentials is considered an action performed by the User themselves or by a person authorized by them and establishes obligations and liability for the User in relation to such actions, including the User's liability for violation of this Agreement and Legislative requirements.
3.6. The User is prohibited from using another User's email address and/or phone number obtained through use of the Website for purposes of direct advertising mailings or other mailings of unwanted electronic messages, as well as for other unlawful actions or actions performed without the knowledge and/or consent of another User. If the User has claims against another User in connection with the latter's use of Services and/or Listings posted by them, the User must present these claims to the other User and resolve disputes independently and without VELES's involvement.
3.7. The User understands and accepts that VELES does not verify information published by Users on the Website. Some data contained in Listings may appear offensive, dangerous, incorrect, or misleading. VELES recommends that Users exercise caution and rely on common sense when using information on the Website. The User should take into account that another User may impersonate another person, be a minor, post distorted information, etc. Use of the Services implies that the User is aware of and accepts these risks, and also agrees that VELES is not responsible for actions or omissions by other Users. When selecting a counterparty, the User must exercise due diligence and make decisions about transactions at their own risk, based on the facts of Listings posted on the Website, independently verifying that another User's Listing on the Website is valid and lawful.
4. INFORMATION PROVIDED OR POSTED BY USERS
4.1. By posting their personal data on the Website (including surname, first name, patronymic, phone number, email address, and others), the User gives their voluntary consent to VELES and its affiliated entities to process the transmitted personal data, including collection, recording, systematization, accumulation, storage, refinement (updating, modification), retrieval, use, transfer including cross-border (distribution, provision, access), de-identification, blocking, deletion, destruction, as well as transfer of the User's personal data for processing to other Users and/or third parties acting on behalf of VELES, for the purposes of: providing consultative support to the User in connection with use of the Website, verifying Listings for relevance, obtaining statistical and analytical data to improve the functioning of the Website and/or Services, expanding the range of provided Services, receiving informational and/or advertising messages from VELES or third parties, informing about news and other Website events, about all actions related to the implementation of Objects/Services, about offers to conclude transactions, about employment, preventing or stopping unlawful and/or unauthorized actions by Users or third parties, and ensuring compliance with Legislative requirements. VELES takes all necessary measures to protect the User's personal data from unauthorized access by third parties in accordance with Legislation and the Privacy Policy, which is an appendix to this Agreement and posted together with it at https://isuzu-import.com/confidence/.
4.2. By posting their email address or phone number on the Website, the User consents to VELES sending the User emails (e-mail) and/or voice or text messages (SMS) with informational and/or advertising materials from VELES or VELES partners. At the same time, the User understands and agrees that VELES does not determine the content of and is not responsible for information sent by partners, including websites to which links may be contained in such materials. Consent to receive mailings of advertising and/or informational materials from VELES may be withdrawn by the User by following the relevant link specified in any email sent to the User.
4.3. All information (regardless of whether such information is classified by Legislation as personal or other data subject to protection, or not) posted by the User on the Website is posted by them for the purpose of acquiring Objects/Services and/or in other interests of the User, and accordingly, the User posts certain information about themselves exclusively in their own interests, including to facilitate communication with the User. The User may post Information and Listings in publicly accessible sections of the Website. By posting such Information/Listings, the User makes the Information publicly available and understands that the posted information is published on the Website in the public domain, i.e., accessible for review by any visitor to the Website (an unlimited circle of persons) in all countries worldwide where use of the Internet and access to the Website is possible. Accordingly, the User understands and accepts all risks associated with such posting of information, including but not limited to: the risk of the email address being added to spam mailing lists, the risk of the email address falling into the hands of various fraudsters, the risk of the phone number being obtained by SMS spammers and/or SMS fraudsters, and other risks arising from such public posting of information.
4.4. Within the framework of using the Website, the User undertakes to provide only accurate Information, including when posting Listings, and bears responsibility for the information they provide. The User undertakes to timely update Information/Listings by notifying VELES in writing/electronically. VELES has the right to request, and the User is obliged to provide upon such request, documents and information necessary to identify the User as a party to this Agreement and/or as a party using the relevant Service, as well as documents confirming the accuracy of the provided Information, the lawfulness of the content of the User's Listings, and the truthfulness and relevance of information about the Object/Service and/or the User's connection with the Object/Service specified in the Listing.
4.5. VELES is not obliged to carry out preliminary verification of any Information and Listings posted and/or distributed by the User via the Website. VELES reserves the right, at its discretion, to refuse the User in posting and/or distributing any Information/Listings or to delete any Information/Listings posted by the User in publicly accessible sections of the Website. The User acknowledges and agrees that they must independently assess all risks associated with posting and distributing any Information, including within the framework of posting Listings, including assessing the reliability, completeness, or usefulness thereof. VELES is not responsible for the User's violation of Legislation when posting Information/Listings on the Website, and in case of claims by any third parties against VELES related to the posting of such Information/Listings on the Website, the User undertakes to independently resolve third-party claims and/or compensate VELES for all losses, including fines and other sanctions.
5. RESTRICTIONS ON USE OF THE WEBSITE AND TERMINATION OF ACCESS TO THE WEBSITE
5.1. The User undertakes to act exclusively in accordance with Legislation and this Agreement, and to bear full responsibility in accordance with Legislation for their own actions and omissions on the Website and when using Services. The User is not entitled to use Services, as well as any information obtained on the Website, for purposes other than intended. Services available to the User may be used exclusively for the purposes for which such Services are intended; in particular, the User is not entitled to use Services for the purpose of:
5.1.1. uploading content that is unlawful, violates any rights of third parties; promotes violence, cruelty, hatred, and/or discrimination based on racial, national, gender, religious, or social grounds; contains false information and/or insults directed at specific individuals, organizations, or government bodies;
5.1.2. inciting unlawful actions, as well as assisting persons whose actions are aimed at violating restrictions and prohibitions in force in the territory of the Russian Federation;
5.1.3. violating the rights of minors and/or causing them harm in any form;
5.1.4. infringing upon the rights of minorities;
5.1.5. impersonating another person or representative of an organization and/or community without sufficient authority, including impersonating VELES employees;
5.1.6. misleading regarding the properties and characteristics of Objects/Services presented on the Website; incorrect comparison of goods/services, as well as forming a negative attitude towards persons who (do not) use certain goods/services, or condemning such persons;
5.1.7. uploading content that the User does not have the right to make available under Legislation;
5.1.8. uploading content that affects and/or contains any patent, trademark, trade secret, trade name, copyright and related rights, as well as other rights to results of intellectual activity belonging to or lawfully used by third parties;
5.1.9. uploading advertising information and/or spam not specially authorized;
5.1.10. collecting and processing personal data, information about the private life of any persons;
5.1.11. disrupting the normal operation of the Website;
5.1.12. violating applicable Russian or international legal norms.
5.2. Information provided by the User on the Website, including within the framework of posting a Listing, and their actions on the Website must not:
5.2.1. be false, inaccurate, or misleading;
5.2.2. facilitate fraud, deception, or abuse of trust;
5.2.3. lead to transactions with real estate objects in violation of Legislation;
5.2.4. violate or infringe upon the property of third parties, trade secrets, or rights to privacy;
5.2.5. contain information insulting someone's honor, dignity, or business reputation;
5.2.6. contain libel or threats against anyone;
5.2.7. incite the commission of a crime, as well as incite interethnic hatred;
5.2.8. facilitate, support, or incite terrorist and extremist activities;
5.2.9. be obscene, indecent, or pornographic in nature;
5.2.10. contain computer viruses, as well as 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 its part, or personal information or other data (including data of VELES systems);
5.2.11. cause complete or partial loss by VELES of services from Internet providers or services from any other persons;
5.2.12. violate intellectual property rights of third parties, rights of the author of an image, the right to an image of a citizen, and other rights of third parties;
5.2.13. otherwise violate Legislation.
5.3. The User undertakes to:
5.3.1. not use automatic and other programs to gain access to the Website without written permission from VELES, and also not to use, distribute, reproduce, modify, copy, and/or extract from the Website by manual or automatic means (using software) any materials and information, including Listings, texts describing Objects/Services, photographs, and others (except for Information provided by the User themselves) without VELES's permission;
5.3.2. not take any actions that may lead to a disproportionately high load on the Website's infrastructure;
5.3.3. not interfere with the operation of the Website, and also not interfere with the operation of automatic systems or processes with the aim of blocking or restricting access to the Website;
5.3.4. not use profanity, obscene and offensive images, comparisons, and expressions on the Website, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, as well as in relation to organizations, government bodies, official state symbols (flags, coats of arms, anthems), religious symbols, cultural heritage objects (historical and cultural monuments).
5.4. The User acknowledges and agrees that VELES reserves the right at any time, at its discretion, to conduct selective verification of the User's Listings and Information, other messages from the User sent to other Users and/or third parties via the Website's contact form, as well as verification of the User's compliance with the terms of this Agreement, including in automatic mode using software. In case of detection of violations, as well as upon receipt of information from third parties about such violations or detection of a combination of signs that may indicate, in VELES's opinion, violations, VELES reserves the right to suspend or terminate the User's access to certain Services, including rejecting or blocking messages and/or access to the personal account. A User whose access to Services has been terminated, or whose Information has ceased to be valid, is not entitled to create a new personal account on the Website again (including using an email address previously used by the User on the Website) without VELES's permission, and also to use another User's Account Credentials to access the Website. In case the User eliminates the committed violations, VELES reserves the right to restore previously blocked Listings/messages or the User's access to their personal account on the Website. VELES has the right, at its discretion, to refuse to post and/or delete any content available through the Website's Services.
5.5. For the purpose of stopping or preventing violations of this Agreement and/or causing damage to VELES (for example: DDoS attacks or other hacker attacks, unauthorized use of software, etc.), VELES reserves the right to restrict access by Users or third parties to the Website by blocking access to the Website from the corresponding IP address or range of IP addresses.
6. WARRANTIES AND LIABILITY
6.1. The User bears responsibility for actions performed on the Website in accordance with Legislation, including responsibility for the content of information they post on the Website.
6.2. VELES is not responsible for loss of information by the User, as well as for distortion of information or loss of messages received using contact forms on the Website.
6.3. Given the specifics of electronic communications, Services are provided "as is", which means that VELES does not provide any warranties regarding the Services; in particular, VELES does not guarantee to the User that: the Services, their direct or indirect effect, and quality will meet the User's requirements and purposes; the Services will be provided continuously, reliably, and without errors; the results obtained through use of the Services will be accurate, reliable, and meet the User's expectations.
6.4. The User agrees that VELES is not responsible for possible losses caused to the User in connection with taking measures to stop or prevent violations on the Website related to restricting/blocking Users' access to the Website, as well as IP addresses.
6.5. The User accepts and agrees that when using the opportunity provided by VELES to send a message to the User via the contact form on the Website, any third parties may use the obtained information for purposes other than concluding a transaction with the User, without any influence or control by VELES. In this regard, VELES is not responsible for the use by other Users and/or automated systems (bots) of the message-sending form posted on the Website for sending messages to Users, nor for their use of phone numbers posted by the User independently on the Website pages.
6.6. VELES is not responsible for delays or failures in the process of performing operations on the Website arising from force majeure circumstances, as well as any cases of malfunctions in telecommunication, computer, electrical, and other related systems. For the purposes of this Agreement, force majeure circumstances are understood as events of an unpredictable nature (fire, flood, earthquake, intervention by local authorities, civil unrest, war, epidemic, state of emergency or heightened readiness, etc.) that do not depend on the will and actions of the parties to this Agreement, which even a diligent party could not avoid, foresee, prevent, or eliminate the consequences of using the forces and means available to the parties, if these circumstances directly made it impossible to fulfill obligations under this Agreement.
6.7. VELES is in no way affiliated with any information provided by the User, including the content of Listings, provided and/or posted by Users on the Website, and is not obliged to verify the content, authenticity, and security of such information or its components, nor its compliance with Legislative requirements and the Users' possession of the necessary scope of rights for its distribution and/or use.
6.8. The User acknowledges and agrees that Services may contain links to other resources, while VELES bears no responsibility for the availability of these resources and their content, for any consequences related to the User's use of the content of these resources, as well as for the User providing their personal data and other information to third-party resources and/or other third parties in case of transitioning to them from the Website.
7. FINAL PROVISIONS
7.1. The User or any other person is not entitled to use the Website or Services in ways not provided for by this Agreement without written permission from VELES, including extracting Information of other Users in any form and by methods not provided for by this Agreement.
7.2. The User agrees that in accordance with Article 32 of the Civil Procedure Code of the Russian Federation, all disputes arising under this Agreement shall, by agreement between the User and VELES, be submitted for consideration to a court at the location of VELES.
7.3. In view of the gratuitous nature of the use of Services provided to the User under this Agreement, the provisions of Legislation on consumer protection are not subject to application to the relationship between the User and VELES.
7.4. All matters not regulated by this Agreement shall be resolved in accordance with Legislation.
7.5. This Agreement comes into force from the moment the User begins using the Services, regardless of whether the User is registered or authorized on the Website, and is valid indefinitely.
Email: sale@isuzu-import.com
Publication Date: May 17, 2024