This User Agreement (hereinafter referred to as the “the Agreement”) governs the legal relationship between the website https://flagma.ch/en/ (hereinafter referred to as “the Website”) represented by its owner Individual Entrepreneur V.A. Prokaieva, Dnipro, Ukraine (hereinafter referred to as “the Administration”) and a legally capable physical or a legal entity (hereinafter referred to as “the User”).
This Agreement is a public contract. Acceptance of the conditions set forth herein means automatic acceptance of its fulfillment.
1. Terms and definitions
1.1. Website means https://flagma.ch/en/, is administered by the Administration and represents a communication platform for placing temporary classified ads.
1.2. Website administration - Individual Entrepreneur V.A. Prokaieva, Dnipro, Ukraine.
1.3. Registered Website User - mean capable individuals who have reached the age of 18 at the time of registration, as well as legal entities that have accepted the provisions hereof.
1.4. Unregistered Website User mean individuals, legal entities that browse the Website without the right to submit ads.
1.5. User/Users means registered and unregistered users.
1.6. Account means the electronic office of the User created by the Administration. Using the electronic account, the User can manage their ads on the Website. Only one user can use an account; transfer of the Account access from one User to another is not allowed.
1.7. Registration means provision by the User to the Website Administration of the information necessary for using the website by filling out the form. Registration is considered complete from the moment of receipt of the corresponding notification to the email address, which was provided by the User during registration.
1.8. Personal data means information or a set of information about an individual that is identified or can be identified with its help.
2. Website services
2.1. The website provides services for viewing and posting information added by Users with the purpose of:
- sales and/or purchases of goods, works, services;
- employee and/or job offers search;
- offers and/or search for goods and vehicles.
2.2. All transactions are concluded between Users directly. The Administration is not a participant in the Users' transactions, but only provides an online platform for posting information.
2.3. The Administration does not check the information specified by the Users for accuracy and is not responsible to any third parties for the accuracy and reliability of such information.
3. General provisions
3.1. The Agreement is deemed to be concluded by the User without any reservations or exceptions at the time of any interaction of the User with the Website, and the User confirms their acceptance of all the terms hereof.
3.2. Using any function of the website by the User means User’s acceptance hereof by default.
3.3. If the User does not agree herewith in full or in part, the Administration asks him to quit this website.
3.4. The registered User additionally agrees with this User Agreement during registration and during the change of registration data; this is specified in the corresponding text under the button “Register”.
3.5. The Administration has the right to change the text hereof unilaterally. The new edition hereof enters into force from the moment of its posting on the website https://flagma.ch/en/agreement.
3.6. Legal relations between the User and the Administration hereunder are governed by the laws of Ukraine.
3.7. The User is solely responsible to third parties for its actions related to the placement of Ads on the Website, including, but not limited to, compliance of the content of the User information with the requirements of current legislation. The User understands and agrees that the information placed by them should not infringe copyrights, rights to trademarks and signs for goods and services (trademarks), means of individualization and/or rights to other objects of intellectual property owned by third parties. The User independently and at their own expense undertakes to settle all claims of third parties related to the placement of such Ads on the Website.
4. Publication of information (ads) on the Website
4.1. The Administration has the right to publish completely or in part the registration data of the User (Account) on the Website and the websites of partners in any sections. The User agrees that the Administration has the right to collect, process, use and store the User's Account on the Website and its data in order to enforce this Agreement.
4.2. A registered User is personally responsible for the security of their login-password pair specified during registration or subsequent change, and is fully responsible for all actions that will be taken by the User or any other person in the process of using their login-password pair. The user is obliged to change their password immediately if they have a suspicion that their login-password pair has become disclosed or can be used by the third parties.
4.3.User registration data are published on the Website at the time of registration completion and are checked from time to time after registration. If the content of the Account violates the registration rules (including non-specification of the required data or incorrect specification of the section), this Agreement, or contains information that contradicts the requirements of the current legislation, such Account is deleted by the Administration.
4.4. The User undertakes not to create multiple Accounts on the Website from the same legal or natural person, including using different company names, surnames, addresses and other data. In case of violation of this Regulation, the Administration shall deactivate all Accounts of such User unilaterally.
4.5. The registered User has the right and opportunity to remove their Account and their ads independently.
4.6. Ads requirements:
- accurate, complete and reliable information about the goods, works, services and conditions of their sale and their price;
- sufficient rights for the User to sell goods, works, services;
- availability of necessary permits for the sale of goods, works, services;
- conformity of the subject of the sale, the terms of the provision of works and services with the laws of the countries in which they are implemented.
4.7. By posting their information on the Website, the User agrees with the following Rules:
- it is prohibited for one User to publish ads that are the same or similar in meaning;
- it is prohibited to duplicate the same ads from different email addresses/mobile phone numbers;
- it is prohibited to publish an ad in a section that does not correspond to the subject of the announcement;
- one ad posted on the website should not contain several ads (for example, more than one product or service, or one vacancy);
- it is prohibited to publish contact details and website addresses in the title and description of ads;
- it is prohibited to insert in the ad the links to resources that contain malicious elements, or links to the main page of the website;
- place an advertisement for a product or service, if such placement may lead to violation of law enforcement;
- when publishing an advertisement for a service that is subject to licensing, the User is obliged to indicate the license number and by whom it was issued;
- it is allowed to place one ad regarding one specific object, property, vacancy, service;
- it is prohibited to publish ads, the title or description of which are logically unrelated and unreadable;
- it is prohibited to publish insults and obscene expressions;
- it is prohibited to publish information that may relate to the collection and storage of personal data of other Users;
- it is prohibited to publish announcements about earnings on the Internet, conducting mass electronic mailings, network marketing, work requiring material investments, erotic and occult services;
- it is prohibited to publish announcements about goods and services that are prohibited for publication by the current legislation of Switzerland.
4.8. It is prohibited to place ads advertising the sale of the following goods and services:
- alcoholic, low alcohol beverages, ethyl alcohol and products containing it;
- cigarettes, tobacco products;
- pharmacological products, medicines. Ads promoting biologically active additives (BAA) are allowed if the Users are informed that the BAA is not a drug;
- narcotic, psychotropic substances, as well as the ingredients used for their preparation;
- erotic, pornographic materials and intimate items;
- firearms, cold, traumatic weapons, as well as ammunition and accessories to them;
- full degree, course, master's works, lecture notes;
- advertising of financial services without a license;
- poaching tools and equipment (electric fishing rods, nets, traps, etc.), as well as services for their manufacture;
- information databases - customs, state, telephone databases or any other containing personal data;
- special means of active defense used by law enforcement agencies;
- special technical means of obtaining information secretly;
- service unwinding/winding of the vehicle mileage, as well as instruments for it;
- sale of any other goods, works, services prohibited by law.
4.9. The User agrees and assumes full responsibility for the compliance of the information placed by him with the requirements of current legislation, as well as the User is solely responsible for (but not limited to):
- non-observance of the copyrights of third parties, including the use of photographs of third parties;
- unauthorized use of company names;
- unauthorized use of third-party logos;
- unauthorized use of marks, including third-party trademarks.
4.10. In the event of claims from third parties related to the information posted by the User on the Website, the User undertakes to settle such claims independently and at their own expense.
4.11. Announcements are published on the Website at the time of posting and are checked from time to time after the posting. If the content of the ads violates the Rules for placing ads, then it is deleted by the Administration. For repeated violations of the Rules for placing ads or for repeated violations of the rules, as well as for deliberately false information in the advertisement posted by the User, the User's Account can be deleted by the Administration.
4.12. Administration has the right to:
- move ads to other sections of the Website in case of identifying a more appropriate category for their placement;
- move ads to other websites;
- edit or delete User’s publications on the Website if they violate the terms of this Agreement, afflict damage to the Administration or third parties, and at their sole discretion without giving a reason;
- post User’s publications that are publicly available on partner websites;
- upon the first request of the relevant authorized (law enforcement) body, but in accordance with the current legislation, to provide such state authority with the available information about the User, including personal data.
5.1. Administration is not responsible for:
- malfunctions of the Website caused by interruptions in the operation of equipment and software, for failures occurring in telecommunications or energy networks, for failures caused by actions of malicious programs or third parties;
- content, accuracy, and legality of the information published by the User on the Website;
- lost profit or harm/damage caused to the User, for any other damages that may occur when using the Website and the information posted on it;
- any unauthorized access or use of servers of the Website and/or any information about Users, which is stored on them, as well as for any errors, viruses, Trojan horses, etc., which can be transmitted to the Website or through the Website by third parties;
- the quality, safety, legality and conformity of the goods or services to their description, as well as the ability of the User to sell or purchase the goods/services.
5.2. The Administration does not participate in transactions between the Users; therefore, it does not bear any responsibility for these transactions.
5.3. The User agrees to resolve all disputes with another User independently and to make a complaint to another User directly without involving the Administration in such disputes.
5.4. If the User believes that another User has violated their rights, he can file a complaint with the Administration.
5.5. The Administration has the right not to take any action concerning the complaint of the User.
5.6. The Administration is not responsible for temporary disruptions in access to the Website due to circumstances that do not depend on the Administration.
5.7. The Administration is not responsible for any problems with the Website due to technical disruptions in the operation of equipment and software.
5.8. The Administration is not responsible for direct and/or indirect damages, including lost profits, that the User may incur while using the Website, including due to improper fulfillment of its obligations by other users of the Website.
5.9. The Administration is not responsible for the safety of information of the account, the ability to use the services of the Website, the safety and the ability to use funds on the user's personal account in case of blocking/prohibiting the use of the third party services with which the User registers and/or enters the Website, which are beyond the Administration control.
6. Personal data processing
6.1.By registering on the Website, the User agrees that the personal data specified by him is publicly available, and the User agrees to the collection, processing, storage, and use of their personal data by the Administration. The User also gives their consent to the transfer of their personal data to third parties, including the transfer of personal data abroad.
6.2. Personal data processing includes any actions or a set of actions related to the collection, registration, accumulation, storage, adaptation, modification, updating, use, distribution, transfer, deletion of personal data of the User in order to ensure the Website services operation.
6.3. Personal data are processed by the Individual Entrepreneur V.A. Prokaieva, registered at: Ukraine, 49000, Dnipro, 25 Starokazatskaya St., Apt. 45.
6.4. The processing of the User’s personal data is carried out by the Administration in order to ensure the functioning of the Website and to provide the User with personalized services of the Website. Administration is not responsible for the use of personal data of the User by other persons.
7. Payment for services
7.1.The list of paid services of the Website is as follows:
- All Ads Update means one-time promotion of all User’s ads on the list. By default, ads on the Website are displayed by the date on which they were posted. This means that with the new publications, your ad will go down in the list and in the search results. Using the Update service, the Ads of the User will again get to the top positions on the list, as if the User has just posted it on the Website.
- Auto-Update of all ads of the User. With this service, all ads of the User will again be promoted to the top positions on the list, as if the User placed an Ad a moment ago. When using the “Auto-Update” service, the Website will promote the Ads automatically.
- TOP Placement means placement in a special block at the very top of the list, above the regular ads. Unlike the Update, when an ad is placed at the top of the list only once, the TOP-ad allows you to be placed in top positions for several days, depending on the paid period of validity. TOP-list include all ads advertised using this service. They are displayed in turn in random order. All TOP-ads are also available in the regular list of ads.
- VIP Placement means placement in a special block on the main page of the Website, above the regular ads. The VIP-list contains all the ads advertised using this package of services. They are displayed in turn in random order. All VIP-ads are also available in the regular list of ads.
7.2. The cost of paid services depends on the category, geography of the ad, and the number of your ads. The exact price will be calculated and displayed after selecting the service in the User's personal account.
7.3. Charging is divided by validity period - 7 days, 14 days, 28 days.
7.4. By using the Website paid service, the User confirms that they agree with the terms, cost, and validity period of the paid service chosen by them.
7.5. The funds for unprovided paid services are returned to the account of the User in the Personal Account in the following cases:
- when deleting an ad during moderation, if paid services have been purchased for the ad (Top Ad, VIP Ad, Auto-Update (except one-time update));
- if the Administration does not provide the service for technical reasons;
- when deleting duplicate accounts, a refund is made after the User’s request. The decision on the return is made by the Administration.
7.6. Funds for unprovided paid services are not returned to the User in the following cases:
- when placing ads of prohibited goods, services, offers, as well as violating this agreement (see clause 4. 8);
- when blocking an account (see clause 4. 3, 4. 4);
- when the User deletes the ad.
7.7. In case of systematic (two or more times) violations of the terms hereof, the Administration has the right not to return the money.
8. Reasons of ads deletion
8.1. The Administration has the right to delete the User’s Ad without the consent of the User for the following reasons:
- the User already has an active ad of this product/service on the Website, which is similar by text and/or sense;
- the information in the ad does not correspond to reality, contradicts this Agreement and/or legislation;
- the ad title does not contain information about the proposed/claimed product/service;
- the photo contains any contact information (phone number, link to the website), is of poor quality or does not have an obvious semantic connection with the text of the ad;
- an ad is submitted to a section that does not match the meaning of the ad;
- a complaint of another User about the violation of their rights, legitimate interests and/or a request from an authorized state authority.
9. Duties of the parties
9.1. The User undertakes:
- not to take any actions that may entail a disproportionately large load on the infrastructure of the Website;
- not to use automatic programs to gain access to the Website without the written permission of the Administration;
- not to change in any way, not to reproduce, not to distribute and not to present to the public any information contained on the Website (except for the information provided by the User) without the prior written permission of the Administration;
- not to hinder or attempt to hinder the operation of automatic systems or processes, as well as other activities, in order to prevent or restrict the access to the Website;
- not to use information provided by other Users for purposes other than to conduct a transaction directly with this User without the written permission of another User.
9.2. The User is not allowed:
- to discuss the actions of the Administration in any other way than by means of electronic correspondence with the Administration;
- to use the names of Users similar to the names of other Users in order to impersonate them and write messages on their behalf.
9.3. The Administration undertakes to make every effort to perform their duties under this Agreement properly, including the normal operation of the Website services and the non-proliferation to third parties of personal data provided by the User, except as required by law.
9.4. Administration has the right to:
- restrict the use of the services of the Website;
- modify or discontinue the services of the Website, in whole or in part, with or without notification to the User;
- limit the number of active ads of the User on the Website, as well as the actions of the User on the Website;
- prevent the User from accessing the Website;
- at any time, delete or disable the account of the User with automatic deletion of all the placed ads of the User;
- remove or move any ad posted on the Website for violation hereof;
- transfer the Website with all its services and content, including personal information of Users, to its successor and/or other person under contracts or other grounds;
- at any time to require confirmation from the User of the data specified during registration and to request supporting documents in this regard.
10. Term of agreement and termination of the website services rendering
10.1. This Agreement comes into force from the moment the User accepts the terms of this Agreement and shall be valid for an indefinite period of time.
10.2. The User has the right to terminate their registration on the Website unilaterally without prior notice and explanation to the Administration.
10.4. The continued use of the Website is an automatic confirmation of the User's consent with the changes made by the Administration.
10.5. Termination of the Agreement at the initiative of the Administration may occur in the following cases:
- violation of the terms hereof;
- performing any actions contrary to the policies of the Website.
11. Final provisions
11.1. The Agreement or any part of it may be amended by the Administration without any special notice to the User. The new edition of the Agreement comes into effect from the moment it is posted on the Website. The current version of the Agreement is always available at https://flagma.ch/en/agreement.
11.2. Messages for the Administration are sent via the function link “Contact Us”, which can be found on the bottom of all pages of the Website.
11.3. In the event of disputes/disagreements between the parties, they shall be resolved through negotiations. In case of impossibility to settle the dispute through negotiations, the dispute shall be settled in the manner provided for by the current legislation.
11.4. In cases not stated herein, the parties shall be governed by applicable law.