User Agreement
This User Agreement governs the relationship between Sbagry Limited Liability Company (Sbagry) and a person using the Website (the User) during using this Website ( www.sbagry.com )
User Agreement can be accessed via URL: www.sbagry.com/terms
The User agrees that by using the Website (also when searching or viewing advertisements), the User is bound by the terms of this User Agreement. When using the Website without signing up or logging in, the User remains bound by the terms of this Agreement.
Sbagry is entitled to modify any part of this Agreement without prior notice. With that, Sbagry undertakes to publish the updated version of this User Agreement at www.sbagry.com/terms.
In case Sbagry enters into an agreement (in simple written or certified form, or publicly recorded) with the User to govern the relationship pertaining to using the Website, the Parties shall abide by the terms of such an agreement if its terms come into conflict with the terms of this User Agreement.
1. Terms and Definitions
The terms used in this User Agreement have the following respective definitions:
Sbagry is Sbagry Limited Liability Company (Primary State Registration Number (OGRN): 1145260017836)
The Website comprises computer programs and other data contained in the data system accessed over the Internet by domain names and/or web addresses (allowing identifying websites on the Internet) within the domain sbagry.com and lower-level domains. The Website is a complex intellectual property asset.
The User is a person using the Website and services rendered by Sbagry by means of the Website.
The Mobile Application is a computer program run that works in mobile device-adapted operating systems (including iOS, Android, Windows Phone, Blackberry, etc.) and is used by the User with the help of a smartphone.
The Advertisement is a notice containing an offer to conclude an agreement related to the Product (including contact details, photos, and other related information) published by the User on the Website and addressed to the public at large.
User Detailsare information the User provides when creating an account.
Services are Website capabilities offered to the User.
Details include materials and information provided by the User when using the Website and Mobile Application.
The Product is the User’s property they can legitimately use and services the User offers to third parties to which the User’s Advertisement is addressed.
Sbagry’s Advertisement Database is an objective collection of the Users’ advertisements that can be found and processed with the help of a computer.
General Provisions
- Pursuant to this User Agreement, Sbagry provides the User with the services related to using the Website for the purposes of searching for and viewing advertisements published on the Website.
- Services specified in Clause 2.1 may include but not be limited to:
- viewing advertisements
- searching for advertisements
- The User may view and search for advertisements without signing up.
- Unless otherwise stipulated, the Services are provided to the User free of charge.
- By using the Website, the User agrees to the terms of this User Agreement. The User guarantees that he/she is in full power to enter into this User Agreements and fulfill all obligations under the terms of this Agreement. Also, the User guarantees he/she is an adult and legally capable, or a minor declared legally capable by an appropriate authority.
- Sbagry is entitled to modify, supplement, update, change the form and nature of the Website capabilities without prior notice. The User agrees to use the Website as it is during the use. If necessary, Sbagry is entitled to suspend or terminate providing services to specific or all Users without prior notice.
- During taking Website supervision measures, Sbagry is entitled to verify information published on the Website. Following the verification results, information violating Russian law or the terms of this User Agreement may be removed from the Website.
Using the Website, Providing Product Details and Personal Details
- The User is duly informed that the Product details and the User’s personal details uploaded to Sbagry’s advertisement database with the help of the mobile application become available to the Website Users. When providing Product details and User’s personal details to be uploaded to Sbagry’s advertisement database, the User undertakes to comply with the terms of this User Agreement—including restrictions and prohibitions pertaining to Product details and User’s personal details—and Russian law.
- Publishing details on the Website means uploading Product details and User’s personal details to Sbagry’s advertisement database with the help of the mobile application, considering that such details automatically become available to the Website Users. A Product advertisement will remain available to other Users within one month from the day when the User publishes it. When this period ends, the advertisement is removed from the Website.
- The User agrees to provide his/her personal details to Sbagry, with the latter as a counterpart to the User under this User Agreement. In its turn, Sbagry undertakes only to use the User’s personal details for the purposes of this User Agreement. When uploading Product details and User’s personal details to Sbagry’s advertisement database with the help of the mobile application, considering that such details automatically become available to the Website Users, the User agrees that his/her personal details will be available to other Users. Also, the User gives his/her consent to processing of his/her personal details and transferring his/her personal details to other Users. The transfer of personal details may only be possible upon a request from governmental authorities having appropriate powers in compliance with Russian law.
- When uploading Product details and User’s personal details to Sbagry’s advertisement database with the help of the mobile application, considering that such details automatically become available to the Website Users, the User grants the public at large access to such details as their email and phone number. The User’s email and phone number published on the Website are open to any Website visitor, regardless of whether such a visitor has signed up on the Website. The User takes all risks related to making personal details open to the public at large.
- Sbagry is entitled to refuse publishing details provided by the User or remove them from the Website at its own discretion, if such details violate the terms of this User Agreement.
- Sbagry shall communicate with the User via email, using the email provided by the User. Sbagry shall review the User’s requests according to the standard procedure. Sbagry is entitled to reject the User’s requests if such requests:
- do not contain required details or documents
- contain misleading information
- contain insults, threats, or negative addresses
User Obligations
- The User undertakes to follow current Russian legislation and the terms of this User Agreement and be fully liable in compliance with Russian law.
- The User must only use the Services provided on the Website for the purposes stipulated by Sbagry. The User may not misuse the Website or any information published on the Website,
- The User may not use any computer programs designed for automatic use of the Website. The User may only use such programs with the written approval of Sbagry.
- The User also undertakes:
- Not to use any personal details published on the Website without the consent of the owner of such personal details, except for cases of the authorized use pursuant to Russian law.
- Not to do anything that may negatively affect the Website operation, including committing DDoS attacks or making any other attempts to gain control over the Website.
- The User makes a decision on entering a deal on what is offered in the Advertisement publisher on the Website at their own risk, and makes sure the offer, selling and/or purchasing a product is valid and legal.
Guarantees and Liabilities
- Sbagry does not preliminarily verify details the User uploads to Sbagry’s advertisement database with the help of the mobile application that automatically become available to the Website Users.
- Sbagry cannot guarantee reliability of personal details provided by the Users or reliability of information contained in advertisements published by the Users on the website.
- Sbagry cannot control Product quality, safety, legitimacy, or compliance with the specifications. Sbagry may not be held liable for the content of any advertisement.
- Sbagry may not be held liable for any loss of messages the User receives when using the Website. The User agrees that Sbagry may not be held liable for any losses suffered by the User caused by actions of governmental authorities aimed at preventing offenses related to the use of the Website.
- Sbagry provides the User with the services related to searching for and viewing advertisements published on the Website. Sbagry does not act as an intermediary in any transactions between the Users and may not be held liable in terms of such transactions.
- The User shall be held liable for violating this User Agreement.
Intellectual Property Rights
- Sbagry is the holder of exclusive rights to intellectual property assets that are part of the website www.sbagry.com—including image texts, databases, computer programs, know-hows—published by Sbagry on the Website. The User may not use intellectual property assets exclusively owned by Sbagry for any purposes other than using services by means of the Website.
Document Effect
- This User Agreement shall come into effect on the day of publication on the Website and remain effective until any amendments are made or an announcement of the termination of this User Agreement is published.
- Specific parts of this User Agreements declared void shall not make void other provisions of this User Agreement.
Dispute Resolution
- All disputes under this User Agreement shall be resolved in compliance with Russian law.
- All judicial disputes under this User Agreement related to the economic activities of enterprises shall be reviewed by the Arbitral Tribunal of the Nizhny Novgorod Region.
- All judicial disputes under this User Agreement arisen between Sbagry and individuals shall be reviewed by the Nizhny Novgorod District Court of Nizhny Novgorod, if the amount in dispute exceeds 50,000 (fifty thousand) rubles.
- All judicial disputes under this User Agreement arisen between Sbagry and individuals shall be reviewed by the Magistrates’ Court of the Judicial District No. 7 of the Nizhny Novgorod District of Nizhny Novgorod, if the amount in dispute exceeds 50,000 (fifty thousand) rubles.
- Pursuant to Consumer Protection Law, all judicial disputes under this User Agreement arisen between Sbagry and individual customers shall be resolved in compliance with general jurisdiction rules stipulated for the respective dispute category.