User agreement for the use of the website "ibuilder.decorexpro.com/en/"
Attention! We recommend that you read the text of this User Agreement!
This User Agreement (hereinafter referred to as the “Agreement”) is concluded between the administration of the website “ibuilder.decorexpro.com/en/” (hereinafter referred to as the “Agent”) and a visitor to the website “ibuilder.decorexpro.com/en/” (hereinafter referred to as the “User”) and establishes the conditions for the provision To the user of services to assist in obtaining a free consultation and / or services for finishing and repairing premises and using other functionality of the ibuilder.decorexpro.com/en/.ru Website (hereinafter referred to as the “Site”).
By leaving an application for a free consultation and / or services for the department and repair of premises (hereinafter referred to as the “User Application”, “Request for Assistance in Obtaining a Free Consultation and / or Services for Decorating and Repairing the Premises”) or using any other functions of the Site, the visitor of the Site confirms his full agreement with all the terms of this User Agreement and its proper conclusion in the manner provided for in Art. 428 of the Civil Code.
Non-acceptance by the User of the Site of the terms of this User Agreement entails the impossibility of assisting him in obtaining advice and / or services for finishing and repairing premises or using any other functions of the Site in full.
1. Terms and definitions
1.1. In this Agreement, unless the text expressly states otherwise, the following terms will have the following meanings:
"User Application" - a written application left by the User on the Site for assistance in obtaining free advice and / or services for finishing and repairing premises by searching for a person providing consulting and / or services for finishing and repairing premises or organizing their provision in relation to the User and / or indicated by him persons. The User's Application can be made in the form of:
- a description of the problem or issue stated in the comments to the information materials posted on the Site;
- filling out a special form on the Site in the section "Questions to the expert";
- filling out a special form on the Site (online consultant form);
- filling out a special form on the Site to order a call back from a person providing consulting and / or services for finishing and repairing premises or organizing their provision.
"Agent" - the person who administers the Site.
"User" - an individual or legal entity interested in obtaining assistance in finding a person providing consulting and / or services for the decoration and repair of premises or organizing their provision, and contacting the Agent for these purposes using the methods provided on the Site (filling out special forms).
"Site" - a set of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, as well as computer programs contained in an information system that ensures the availability of such information on the Internet at the network address ibuilder.decorexpro.com/en/.
"Partner" -a person providing consulting services and / or services for finishing and repairing premises or organizing their provision to the Users of the Site in accordance with the User's Applications.
"Parties" – User and Agent.
"Contact details" - name, phone number, e-mail address, city of location (or other locality), as well as a general description of the problem, task or issue specified by the User when filling out the User's Application in special forms on the Site.
1.2. All other terms and definitions found in the text of the Agreement shall be interpreted by the Parties in accordance with applicable law.
1.3.The legal relations regulated by this Agreement are qualified as an Agency Agreement, unless otherwise directly follows from the relevant provisions of this Agreement.
2. Subject of the Agreement
2.1. The Agent undertakes to provide the User with services to assist in obtaining by the latter consultations and / or services for finishing and repairing the premises in the amount provided for in clause 2.2 of this Agreement.
2.2. As part of the provision of services to assist the User in obtaining consultations and / or services for finishing and repairing premises, the Agent performs the following actions:
2.2.1. receives Contact Data from Users;
2.2.2. searches for Partners and forms their register;
2.2.3. concludes agreements with Partners providing for the provision of consulting services and / or services for finishing and repairing premises to Users or the organization of their provision;
2.2.4. determines the compliance of the User's Applications with the specialization and the working conditions of the Partners;
2.2.5. transfers the Contact Data provided by the Users of the Site to the relevant Partners for the purpose of their further interaction on the provision (or organization of the provision) by the Partners of consulting and / or services for the decoration and repair of premises to the Users and / or persons indicated by them;
2.2.6. The Agent has the right, at its discretion, to perform other actions necessary to provide services to assist the User in obtaining consultations and / or services for finishing and repairing the premises.
3. Procedure for fulfilling the obligations of the parties
3.1. In order to receive advice and / or services for the decoration and repair of premises, the User is obliged to provide reliable Contact information to the extent specified in clause 1.1 of this Agreement;
3.2. By entering into this Agreement, the User consents to the transfer of Contact Data (including personal data) to third parties - Partners, the list of which is given in the Privacy Policy of the Site ("Privacy Policy and Personal Data Processing", approved by the decision of the administrator of the website "ibuilder.decorexpro.com/en/ ").
3.3. The Agent independently and at its own discretion determines the compliance of the User's Application with the specialization and the Partner's working conditions. At the same time, the User accepts and agrees that the Agent is not responsible for the quality of the consulting services provided by the Partners or organized by them and / or services for finishing and repairing the premises.
3.4. Under this Agreement, the Agent is considered to have fulfilled its obligations to the User from the moment the User’s Application is transferred to the Partner, regardless of whether consulting services and / or services for finishing and repairing premises have been provided to the User by the Partner or whether their provision has been organized by the Partner.
3.5. By virtue of Art. 434.1 of the Civil Code, the Agent is not responsible to the User for the result of negotiations between the User and the Partner regarding the provision of consulting services and / or services for the decoration and repair of premises or the organization of their provision. The Agent is not responsible to the User in the event that the provision of services or the organization of their provision did not take place due to reasons depending on the Partner or the User himself.
3.6. The User and the Partners are free to negotiate between themselves an agreement on the provision of consulting services and / or services for the decoration and repair of premises or the organization of their provision, independently bear the costs associated with their implementation, and are responsible for the fact that an agreement is not reached.
3.7. The Agent provides the services provided for in clause 2.1 of this Agreement personally.
3.8. The Agent does not guarantee the User the achievement of any result of the provision of services provided for in this Agreement, including the quality and scope of the provision of consulting services and / or services for finishing and repairing premises by the Partner.
3.9.The Agent does not in any form coerce the conclusion of an agreement between the User and the Partner.
3.10. Users are free to conclude an agreement with Partners for the provision of consulting and / or services for finishing and repairing premises or organizing their provision by a Partner and independently decide at their own risk to conclude an agreement for the provision of consulting and / or services for finishing and repairing premises with a specific Partner (free to choose counterparty). Users and Partners may enter into an agreement, both prescribed and not provided for by law, including mixed and unnamed agreements. The terms of the agreement between Users and Partners are determined at their discretion, except when the content of the relevant terms is prescribed by law or other legal acts.
3.11. The Agent has the right to transfer the User's Application to one or several Partners, the circle of which is determined by the Agent independently and brought to the attention of the Users in the Privacy Policy of the Site.
3.12. The provisions of Art. 426 of the Civil Code, whereby the Agent has the right, at its own discretion, to refuse to provide the services provided for in clause 2.1 of this Agreement.
3.13. The Agent does not directly provide consulting services and / or services for finishing and repairing premises to Users, does not organize their provision, and does not enter into agreements for the provision of these services with Users, does not control Partners and is not responsible for any actions / inaction of Partners.
4. Providing contact details
4.1. Simultaneously with the formation of the User's Application, the latter provides the Agent with Contact Information.
4.2. The User is obliged to ensure the relevance of the information provided to the Agent in accordance with clause 3.1 of the Agreement.
4.3. The Agent undertakes not to disclose to third parties the Contact Data received from the User, except in cases where such disclosure is mandatory for the Agent by virtue of the provisions of this Agreement and the requirements of the current legislation.
4.4. The Agent is obliged to provide personalizing data, the obligation to provide which is provided for by the current legislation, (including his own full name) at the request of the User sent to the Agent by filling out the feedback form of the Site.
5. Free of charge provision of services by the Agent
5.1. This Agreement is a gratuitous contract within the meaning of Art. 423 of the Civil Code and involves the provision by the Agent of the services provided for in clause 2.1. of this Agreement, without receiving any payment or other consideration from the User.
5.2. Taking into account the provisions of clause 5.1 of this agreement, the Agent does not pursue the goal of extracting systematic profit and does not carry out entrepreneurial activities by providing relevant services, which is why the relations arising between the Agent and the User when providing services under this Agreement are not regulated by the Law of 02/07/1992 No. 2300-1 "On consumer protection".
6. Duration of the Agreement
6.1. This Agreement shall enter into force from the date of its conclusion by the Parties and shall be valid until the fulfillment of the obligation of the Agent to provide services to assist the User in obtaining consulting and / or services for finishing and repairing the premises in accordance with clause 3.4. present agreement.
7. Privacy Policy
7.1. Any personal information (including personal data) specified by the User when using the Site is processed by the Agent in accordance with the Privacy Policy and Consent to the processing of personal data published on the Site.
Using the Site means the User's unconditional consent to the processing of his personal data, as well as consent to the "Privacy and Personal Data Processing Policy" approved by the Agent and the conditions for processing his personal data specified therein. In case of disagreement with these conditions, the User is not entitled to use any functionality of the Site.
7.2. The Agent processes only those personal data that are necessary to fulfill its obligations under this Agreement.
7.3.The Agent processes the personal data of the Users for the following purposes:
7.3.1. Organization of interaction between the Partner and the User in order to provide the latter with consulting and / or services for finishing and repairing premises or organizing their provision, including sending notifications, requests and information regarding the provision of consulting and / or services for finishing and repairing premises or organizing their provision .
7.3.2. Conducting statistical and other research based on depersonalized data.
8. Changes to the Agreements
8.1. The terms of this Agreement may be changed by the Agent without any special notice. The new version of the Agreement comes into force from the moment it is posted in the relevant section of the Site, unless otherwise provided by the new version of the Agreement. If the Agent has made any changes to the terms of this Agreement, in the manner provided for in this paragraph, with which the User does not agree, he is obliged to stop using the Site. Continued use of the Site after the publication of the modified terms of the Agreement will mean acceptance of the changes made.
9. Responsibility of the parties when using the Site
9.1. The Agent provides the User with a free simple (non-exclusive) license to use the Site and its software to the extent necessary for the execution of this Agreement.
9.2. The license specified in clause 9.1 of the Agreement is granted to the User during the term of the Agreement, and within the territory in which the Site remains accessible to the User.
9.3. The site is provided on an "as is" basis. The Agent does not provide any guarantees regarding the error-free and uninterrupted operation of the Site, the compliance of the Site with the specific purposes of the User, and also does not provide any other guarantees not expressly specified in this Agreement. The site may be subject to change from time to time.
9.4. The Agent does not bear any responsibility, including for any types of losses resulting from the use of the Site by the User; for any direct or indirect consequences of any use or non-use of the Site, caused to the User and / or third parties as a result of any use or non-use of the Site, including due to possible errors or malfunctions of the Site.
9.5. The Site may contain links to other websites on the Internet (third party websites). These third parties and their content are not checked by the Agent for compliance with certain requirements (security, reliability, completeness, legality, etc.). The Agent is not responsible for any information and materials posted on third party websites that the User accesses using the Site, including any opinions or statements expressed on third party websites, advertising, etc. ., as well as for the availability of such websites or content and the consequences of their use by the User.
10. Miscellaneous provisions.
10.1. This Agreement, as well as other local documents approved and published by the Agent on the Site, constitute a civil law contract between the User, on the one hand, and the Agent, on the other hand, in relation to their subject matter, and replace any previous agreements in relation to such an item.
10.2. In the event that any provision of this Agreement is held by a court having jurisdiction to decide on such matter to be invalid or unenforceable, such provision shall be deemed to be severed from this Agreement without prejudice to the other provisions, which shall remain in full force and effect.
10.3. The Agent has the right to transfer and assign its rights and obligations under this Agreement.
10.4.In all other respects that are not regulated by this Agreement, the Parties are guided by the current legislation.