The Contract offer from LLC TAC (TUBEANDCAN.COM)
1. Fundamentals
1.1. SITE - is the Internet portal for placement of listings on the sale of equipment, machines, devices, tooling, spare parts and related information, functioning by means of specialized hardware and software located at tubeandcan.com
1.2. Website is developed and managed by «TAC» LLC company (hereinafter TAC).
1.3. TAC company is registered at the address: Russia, Saint-Petersburg, Gdanskaya 17.
1.4. TAC company operates under the Russian Federation laws.
1.5. TAC offers to conclude a contract on the rendering of services (hereinafter - the Agreement) with legal entities or individual entrepreneurs, residents and non-residents of the Russian Federation.
1.6. When accepted this Offer by registering your personal account on the site, You (hereinafter - the Customer) enter into contracts, in the manner and amount defined by present Offer.
1.7. TAC reserves the right to change the terms of the Offer at any time without notice. The new version of the Offer comes into effect from the date of its posting on the site, unless otherwise provided by the new version of the Offer. The current edition of the Offer is always on the special page of the site, accessible to all users at tubeandcan.com/terms
1.8. Transactions conducted through the use of the Site should not be regarded as a sale at a public auction.
1.9. The main objective of TAC is to establish contact between the website users, acting as an independent coordinator.
1.10. Database, logo, name, design elements, design and overall appearance of the site are the property of TAC.
1.11. Contract is made in Russian and English languages, both texts are identical and have legal force.
2. Subject of a contract
2.1. The subject of the contract is the provision of TAC services in providing access, information reception and/or advertisement and listings placement about the sale of equipment, machines, devices, tooling, spare parts, products and others by means of specialized hardware and software in accordance with the terms of this agreement.
2.2. This agreement cannot be understood as establishment between TAC and the customer agency relations, partnership relations, relations on joint activities, relationships of personal hiring or any other relations, not specified in this Agreement directly.
3. Registration on the Site
3.1. Registration is the process of information provision on the legal entity or individual entrepreneur (Customer) on whose behalf the work will be done with the site. Data is providing in English.
3.2. The purpose of registration is to create individual customer's account to obtain services that are not available to unregistered visitors.
3.3. It is forbidden to register more than one personal account for one Customer, unless otherwise agreed with the company additionally.
3.4. Each application for the registration of personal account will pass the moderation procedure; the purpose of this procedure is to verify the completeness of the registration data and identification of the Agreement violations during the registration process.
3.5. The parties came to an agreement that personal and registration data of the Customer are data that the Customer uses to perform its obligations under this Agreement.
3.6. The parties decided to consider filling in registration data by accepting the terms and signing this Agreement and the provisions associated with it as well.
3.7. Personal account becomes available after confirmation of registration e-mail address, as well as verification of registration data by TAC's employees and the assigning an ID and a password to the personal account.
3.8. The Customer has the opportunity to receive a password reminder on e-mail address specified at the registration, in case of loss of data access.
4. Moderation of listings
4.1. Listings and other information posted by the Customer is not available for display on the site until the completion of the moderation process.
4.2. The following information is checked while the moderation process:
- Completeness of data;
- Absence of prohibited phrases and product names;
- Category accordance;
- Compliance with the terms of this Agreement
4.3. TAC has the right to change the requirements for the content and terms of publication.
5. Online Services:
5.1. Access to the site without going through the procedure of registration of personal account is limited to the ability to view the ads and the main sections of the site in guest mode.
5.2. Personal account with the capabilities of the base account is registered for free and does not require the payment of taxes and specify payment details.
5.3. The basic account functionality is provided in accordance with the amount and volume according to the list presented on the page tubeandcan.com/price
6. TAC provides additional paid services
6.1. Extended account with additional features for working with the site.
6.2. The extended account functionality is provided in accordance with the amount and volume according to the list presented on the page tubeandcan.com/price.
6.3. Other services listed in the price list site at tubeandcan.com/price
7. The services cost
7.1. All services under this Agreement the Customer places in the framework of Orders, using a Personal account or correspondence with the TAC by e-mail.
7.2. The cost of services is determined in accordance with the Official pricelist.
7.3. The cost of services is determined in Euro and (is determined) in accordance with the terms of the Price-list, based on prices at the date of each particular Order payment.
7.4. Cost of services do not subject to VAT in connection with the use of a simplified system of taxation.
8. Payment procedure
8.1. Payment and conditions of service provision
8.1.1. Services are provided on the basis of 100% prepayment.
8.1.2. The second and any subsequent payment of the Customer in order to obtain services under the contract means the conclusion of a new Contract offer between TAC and the Customer. Terms of the new contracts are identical to the terms of this agreement taking into account possible changes, which the Customer and TAC additionally agreed
8.1.3. Performing a payment or other operation with monetary funds for the purpose of obtaining services on the site, representative of the Customer acknowledges and accepts that makes it as a Customer representative - legal entity or individual entrepreneur. Any transfers of funds in favor of the TAC are considered to be committed in the name and on behalf of the Customer, from whose personal account the Customer representative proceeds to payment. The demand for the return of any funds transferred by a Customer representative for the Customer may be removed under this Offer by the Customer only.
8.1.4. The choice and use of method/form of payment is made by the Customer at its own discretion and without any stated TAC responsibility. Security, privacy, extra fees, and any other conditions of using method/form of payment chosen by the Customer are outside the scope of the Contract and are governed by agreements and contracts between the Customer and the relevant organizations.
8.1.5. If you pay by bank transfer the provision of the Services is made after reception of full payment of the amount to the TAC account.
8.1.6. When paying by electronic payment systems, the provision of the Services is carried out after the crediting of funds to an internal TAC account in the electronic payment system.
8.1.7. The obligation of the Customer payment is considered to be executed from the moment of the reception of the entire amount of the payment to the TAC account.
8.1.8. The obligation of TAC to provide Services is considered to be executed from the moment of connection of paid services in the personal Cabinet of Customer.
8.1.9. The fact of provision of services is the activation or getting the possibility of activation by the Customer one of the services available-for- purchase.
8.1.10. The customer independently monitors the change of TAC details specified in the present Agreement and is responsible for the accuracy of all his payments.
8.2. Refunds
8.2.1. The customer is entitled to demand to refund money in the following cases:
8.2.1.1. TAC received from Customer an email demanding the refund within 24 hours after payment by using VISA, MASTER CARD or PAYPAL payment systems, or before the reception of funds to the TAC account when paying by Bank transfer.
8.2.1.2. Service was not provided because of a technical failure caused by TAC.
8.2.1.3. Presentation by the Customer official documents stating that the payment was made with stolen credit card. These documents are to be certified by the card issuing Bank or relevant authorities.
9. Rights and obligations of the parties
9.1. TAC undertakes:
9.1.1. To provide a working website that is a shopping online platform which allows Visitors to visit the web page of the website and use the functionality available to visitors, as well as it allows Customers to place listings using the tools that are available to registered users, and to receive requests from site visitors who showed interest in the listings.
9.1.2. To provide services in the scope and the terms in accordance with their detailed description in the price list section.
9.1.3. To inform the Customer by email that his listing has not passed moderation and about the comments that need to be corrected.
9.1.4. To remove any patently offending editorial content and prevent its placement. To prevent the re-distribution of any content of this kind.
9.1.5. To provide for the Customer an opportunity to remove the listing at any time at its discretion.
9.1.6. To provide for the Customer an opportunity to remove completely all information posted on the website through his personal account at any time on his own discretion
9.2. Customer undertakes:
9.2.1. To know and follow the rules of the Agreement.
9.2.2. To specify the valid contact information during registration in order to ensure possibility of connection with him as for TAC administration and for portal users as well.
9.2.3. Not to post any way through the site information in violation of Russian legislation and international law.
9.2.4. Not to interfere with the efficient operation of the site by properly adjusting the spam filters in the e-mail specified in registration.
9.2.5. Not to post knowingly false information.
9.2.6. Not to post and/or transmit using the website, materials, in case the Customer does not have the legal rights to do. This includes material protected by copyright, trademarks, patents, and agreements on the non-proliferation of information, privacy, and the like.
9.2.7. Not to mislead the audience of the website by posting the irrelevant listings.
9.2.8. Not to register using someone else's e-mail address, or the address to which the Customer has no right to use.
9.2.9. Not to create a registration on behalf of the entities to which a particular user is not relevant.
9.2.10. Not to use the information about the phone numbers, postal addresses, email addresses for purposes other than as the subject of the listing and website.
9.2.11. Not to violate the information security of the site.
9.2.12. Not to embed executable code on the user side, any embedded objects.
9.2.13. Not to use spam bots, software, equipment for load of sites and other to work with the portal that may adversely affect the operation of the portal.
9.2.14. To refrain from uploading to the server, display, transmission by e-mail or otherwise of any content, hiding a virus or any other malicious software or code designed for interrupting, disabling or limiting the functionality of any software, computer or telecommunications means, including, but not limited to, distribution or publication of unwanted advertising, containing spam, chain letters or pyramid schemes.
9.2.15. Not to duplicate listings on the selling the same piece of equipment / products in different sections of the site.
9.2.16. Not to send the password to access its personal account to the third parties. The customer is fully responsible for all damage caused to it by the third parties resulting from the intentional or unintentional transfer by the Customer the Site password to another person. If the customer is not proven otherwise, any action taken with the use of his password, are considered to be committed by the Customer. In case of unauthorized access to the password and (or) personal account of the Customer is obliged to immediately notify TAC immediately.
9.2.17. By registering on the site, the Customer agrees to receive at the indicated e-mail Inbox messages of informational and advertising nature from TAC and its partners as well, which can be abandoned by clicking "unsubscribe" at any of these messages or in a private office site.
9.2.18. Not to carry out any retrieve or recovery of significant qualitative / quantitative significant portion of the site database is prohibited.
9.2.19. Not to attempt to obtain personal information of other users, including sensitive data, by any means, without their prior consent.
9.2.20. To refer to the website at reprint and other use of materials from this site.
9.3. TAC Rights
9.3.1. TAC has the right to verify any information in customer database, to approve or decline the registration in case of violation of this agreement.
9.3.2. Without prejudice to any other remedies, TAC has the right to suspend the personal account, regardless of the presence and / or absence of active paid services to ascertain the circumstances which led to the stop.
9.3.3. TAC has the right to carry out the editorial processing in any listings in order to give them the qualities that are convenient for the reader's perception, as well as allowing the listing to be in the correct category.
9.3.4. TAC has the right to refuse current or future access to the site in case of Customer's violation the terms of the contract.
9.3.5. TAC has the right to remove from the publication of all the Customer's listings on the day following the expiry date of the paid services, or within the time specified in the service description.
9.4. Responsibilities of the parties:
9.4.1. TAC is not responsible for the violation in publications on behalf of customer's copyright, intellectual property and the accuracy of the information provided.
9.4.2. TAC does not guarantee that the listings published by the Customer will be viewed a certain number of users, or at least one.
9.4.3. TAC is not responsible for the fact that information on the website may result in a possible violation of the law in other regions of the world but the Russian Federation.
9.4.4. TAC company under any circumstances does not assume any liability for the quality, operation and compliance of assets advertised online on the site.
9.4.5. TAC makes every possible effort to remove from the Site careless, inaccurate, or deliberately incomplete information, however, ultimately, the responsibility for it lies behind the Customer who placed this information.
9.4.6. TAC does not guarantee that the software, servers and computer networks used by the site are free of errors and computer viruses. If your use of the TAC site resulted in the loss of data or damage of the equipment TAC company is not responsible for it.
9.4.7. TAC is not responsible for any delay of payments and other consequences associated with the use of payment systems.
9.4.8. Under no circumstances TAC is not liable for damages, losses or expenses arising in connection with the use of this website.
9.4.9. TAC does not facilitate transactions between the parties under this Agreement unless the parties have expressly agreed otherwise.
9.4.10. TAC is not obliged to maintain a continuous and constant access to services. Thus, the company cannot be held liable for any functional impairment that occur on the web site and for direct or indirect consequences of malfunction, if any. In case if the site in a certain period of time was not available or didn't work properly, then TAC company is not responsible for the risks, possible loss of profits and other consequences.
9.4.11. TAC reserves the right to grant a possible compensation, expressed in the provision of special conditions for a particular site service at company's discretion, and in any case not in a money equivalent in the event of force majeure that are not included in the section Refund.
9.4.12. Under no circumstances TAC cannot vouch for the solvency or performance of obligations by the users and the customers. Under no circumstances the TAC company cannot be held responsible in this regard.
9.4.13. The services offered by third parties may include links to other websites or Internet sources. In cases where such websites and sources are outside the control of TAC, the company is not responsible for the provision thereof, similarly TAC cannot be held responsible for the content, advertising, products, services or other materials available on the site, through the site or on the external sources. Under any circumstances, TAC company takes no responsibility for any or all damage or loss, known or alleged, resulting from, arising out of or in connection with use of or reliance information, services or data available on these sites or external sources.
9.4.14. Under no circumstances, TAC cannot be held responsible for wrong information that is inaccurate, misleading or libelous information.
9.4.15. The main purpose of TAC service is to represent the Seller and the Buyer, acting as an independent coordinator. Thus, all costs, expenses (communication, equipment, communications) necessary for use of the site are taken by the Customers.
9.4.16. TAC is not responsible for any technical limitations on the client mail due to which the client does not receive notifications from the site, thereby not getting the results from the publication of listings.
9.4.17. Acting as a platform for online market, TAC is a technical interface that stores a huge database, available 24 hours a day and 7 days a week. For this reason, TAC assumes no responsibility for any technical limitations inherent in the use of the Internet (all technical risks, possible political and geographical limitations and functionality as a whole).
9.4.18. Because of the real objectives of the services the TAC company is bound compliance to professional and ethical standards, but not the obligation concerning the result. Therefore, TAC can never be held responsible for drafting listings, even if it participated in such activity.
9.4.19. According to the provisions of paragraph 4 of article 185 of the Civil code of Russian Federation and para. 2 clause 1 of article 182 of the Civil code of Russian Federation, by accepting this Offer and performing the following steps for the Customer Representative and the Customer acknowledge and accept the following:
9.4.20. TAC is not liable to the Customer or to the third parties for the actions committed by a physical person mentioned above (Customer Representative) through the Personal Account of the Customer; TAC in no way cannot or should not comment, or regulate, or track such actions. The customer is totally responsible for all actions committed by the Customer through the Personal customer account and is fully responsible for such actions to TAC and any third parties.
9.4.21. Rights and responsibilities for actions committed through the Personal Account of the Customer by a physical person mentioned above (Customer Representative) arise between the Contract parties: between the company and the Customer, through whose Personal account such actions were carried out. All documents (including, but not limited to, payment documents, acts of delivery-acceptance of rendered services, invoices, etc.) and any notifications arising in the framework of rights and responsibilities arising under this Agreement TAC issues to the Customer and sends over the details of the Customer specified in his Personal account.
9.4.22. Any action under this Agreement, including but not limited to: The Movement in the account of the Customer, Ordering, Services purchase, etc., committed by any physical person through the Personal account of the Customer are considered to be performed on behalf of and at the expense of the Customer authorized by the Customer for such actions Representative of the Customer. An eligible Customer Representative is any physical person who performs actions through the Personal account of the Customer regardless of what Personal data about himself or about the Customer this physical person has specified during the registration. Voluntary indication of the physical person as the Representative of the Customer is possible either simultaneously with the registration of the Customer or within the framework of existing and applicable Personal account of the Customer by the Customer himself. In the absence of such indication, the person committing the actions from the Personal account of the Customer is considered to be his authorized Representative by virtue of para. 2 clause 1 of article 182 of the Civil code of Russian Federation. The Customer independently and at its discretion gives concerned individuals the rights of a Representative of the Customer and supplies with information (login and password), required for access to Personal account and is fully responsible for it.
9.4.23. For the purposes of the Agreement as expressed in the Contract offer, the parties recognize that it is necessary and sufficient to exchange of documents via e-mail or Personal account, unless otherwise specified by the terms of the Contract.
9.4.24. Without conflicting with the terms of the contract, TAC and the Customer have the right at any time to execute a Contract in the form of a written bilateral document.
9.4.25. Any site Customer is responsible for the information published on its behalf and for the consequences of this placement. The Customer is responsible for posting of information and material that may violate the exclusive rights of other persons.
10. Privacy policy
10.1. The customer confirms that his Personal and Registration data were filled in correctly and consents to the processing of data specified in the questionnaire.
10.2. TAC undertakes to respect the confidentiality of Customer's personal data and other information about the Customer that became known in connection with the use of the Personal account of the Customer, except when such information is available to the public:
- Disclosed at the request or with the permission of the Customer;
- Be shared with contractors of the Customer to the extent necessary for the Contract execution;
- Requires disclosure on the grounds provided by law;
- In other cases, provided for by the Contract
10.3. The users hereby allow TAC to leave cookies on their hard drive and give the right to use the received data to the correct functioning of the site.
11. Consideration and resolution of disputes
11.1. TAC and the Customer will take all measures to resolve all disputes and disagreements which may arise out of this Agreement or in connection with it through negotiation.
11.2. In case if the Parties cannot reach agreement, all disputes shall be settled in the Arbitration court of St. Petersburg and the Leningrad region. Governing law this Agreement is the substantive law of the Russian Federation.
12. Details LLC TAC
Limited Liability Company «TAC»
ITN: 7802569796
IEC: 780201001
Registered address of a legal entity: 194017, Russian Federation, Saint-Petersburg, Gdanskaya str. 17, office 5-Н
Current address of a legal entity: 194017, Russian Federation, Saint-Petersburg, Gdanskaya str. 17, office 5-Н
Tel./Fax number: +7 (812) 380-79-76
E-mail: info@tubeandcan.com