This User Agreement (hereinafter referred to as the Agreement) governs the relationship between the XMart.Biz Service and its Administration (hereinafter referred to as the Aggregator) on the one hand and the User of the site on the other hand.
By using the Service, you agree to the terms of this agreement.
If you do not agree to the terms of this agreement, do not use the Service.
1. Defining terms
1.1. Personal account — a software interface for interaction between the User and the Aggregator, which contains information about the User and other information regarding the services provided by the Aggregator, available to the User after authorization.
1.2. User — an individual using the Aggregator under the terms of this User Agreement, Rules and the Privacy Policy.
1.3. Seller — a legal entity or an individual who has agreed to the terms of the User Agreement, Rules and the Privacy Policy.
1.4. Buyer — an individual purchasing goods from the Seller, ordering a service from the Seller by placing an order for goods in the Seller's store on the Aggregator.
1.5. Registration is the successful completion of the registration form by the User, allowing him to create his Personal account on the Aggregator.
1.6. Transaction — an agreement between the Seller and the Buyer on the purchase and sale of goods, the provision of the Seller's service.
1.7. Purchase of goods – the Buyer’s expression of will to purchase goods, agreement with the Seller’s terms.
1.8. Balance – a summary of cash receipts and expenditures in the User’s personal account.
2. REGISTRATION AND ACCESS TO THE USER'S PERSONAL ACCOUNT
2.1. When registering on the Aggregator, the User independently chooses a name that will be visible to all Users of the Aggregator.
2.2. When registering on the Aggregator, the User independently checks the box about agreeing to the terms of the privacy policy, the terms of this user agreement, thereby confirming their acceptance in full.
2.3. The Parties recognize actions performed using the authorization data (e-mail and password) of the User as actions performed by the User and having the force of a simple electronic signature.
2.4. The User undertakes not to disclose the e-mail and password to third parties, except in cases where these persons act on behalf of the User, while the User is responsible for their actions as for their own, and take all necessary measures to ensure the confidentiality of the password from his Personal Account.
2.5. If the User has any suspicions about the security of his password or the possibility of its unauthorized use by third parties, the User is obliged to immediately notify the support service, and then change the password of the Personal Account.
2.6. If the Aggregator has any suspicions about the use of the User's Personal Account by a third party or malicious software, the Aggregator has the right to unilaterally change the User's password for his Personal Account. The new password is communicated to the User only when contacting the support service.
3. SECURING THE FULFILLMENT OF USERS' OBLIGATIONS
3.1. The User agrees that in order to ensure the security of the fulfillment of mutual obligations of the Buyer and the Seller under the transaction, the Buyer pays for the Seller's goods/services by debiting funds from the User's balance. After the Buyer has paid for the goods/services, the funds received from the Buyer are the Buyer's security payment.
3.2. The Aggregator deposits the Buyer's funds for 24 hours for the subsequent possibility of returning them for orders.
3.3. The Aggregator provides the Buyer with at least 1 hour (60 minutes) to open a dispute over orders or another time set by the Seller.
3.4. The Aggregator automatically transfers funds to the Seller's balance for orders within 24 hours.
3.5. The Seller's funds remain deposited in the Aggregator's account during the period of an open dispute with the Buyer.
3.6. The funds are deposited by the Aggregator until the Seller submits a request to withdraw them from the balance.
3.7. The Buyer's funds are targeted and the Aggregator may not use them for any other purposes except those provided for in this User Agreement.
3.8. The Aggregator may withhold the necessary taxes, fees and other mandatory payments when paying the Remuneration to the Seller (including a proportionally reduced amount) in cases stipulated by the legislation of the country (location of the seller), and in the event of a corresponding decision by a government agency. The right of the Aggregator specified in this clause of the Agreement extends, among other things, to cases when the Seller failed to promptly or properly notify the Aggregator of information related to the violation of the legislation of the Seller's country of residence.
3.9. In cases stipulated by Section 8 of this Agreement, the Funds paid by the Buyer for the goods/services are subject to return to the Buyer.
3.10. The return of the Deposited Amount (part thereof) to the Buyer shall be carried out exclusively in the manner and in such appropriate cases as stipulated by this Agreement.
3.11. The Buyer and the Seller, jointly and each separately, confirm that the procedure for Depositing funds established by the Agreement, and the procedure for paying the Remuneration to the Seller and the procedure for returning the deposited funds (part thereof) following from it, is a way for the Buyer and the Seller to ensure the fulfillment of mutual obligations of the Buyer and the Seller under the Agreement, which is due to the specifics of the field of activity in which the Aggregator operates.
3.12. The Seller has no right to provide the Users of the Aggregator with its contact information in the product description, the file with product balances, the rules of the stores, or any other places where information is posted on the Aggregator. Users are also required to maintain confidentiality and not disclose contact information or move the conversation off the platform. This will help ensure the safety and privacy of all participants.
4. PROCEDURE FOR PAYMENT OF THE SELLER'S GOODS/SERVICES BY THE BUYER
4.1. The Buyer selects the product category in the Aggregator's catalog or writes a product query word in the search window in the Aggregator's catalogs.
4.2. Having selected the product in the Aggregator's product catalog, the Buyer pays for the product by debiting funds from the User's balance.
4.3. When conducting a transaction of funds to the Seller's balance, the Aggregator retains its commission, expressed as a percentage of the transaction amount.
5. PAYMENT OF REMUNERATION TO THE SELLER
5.1. The Aggregator undertakes to make payments of funds received by the Seller from the sale of the product from the Seller's balance to the Seller's personal account no later than 7 (seven) business days from the date of filing the withdrawal request. If the Aggregator has suspicions regarding the Seller's good faith, the Aggregator may delay the withdrawal of funds for up to 30 days to conduct an investigation.
5.2. The Seller selects the Method of withdrawal of funds and notifies the Aggregator of all the necessary details. Such a choice and such a message can only be made using the Aggregator's software and hardware through the Aggregator's Secure Pages.
5.3. When making a payment of Remuneration to the Seller, the Aggregator has the right to withhold the Aggregator's Remuneration from the amount transferred to the Seller, as well as all necessary amounts of taxes and fees, if any.
5.4. The Aggregator's obligation to pay Remuneration to the Seller will be considered fulfilled from the moment the Aggregator performs all actions objectively dependent on it.
5.5. In the event that the Seller has indicated incorrect details of his account in the Personal Account, a non-existent account or due to similar or other reasons that are objectively beyond the control of the Aggregator, the payment of the Remuneration has become impossible, the Aggregator shall send a notification of this to the Seller in an accessible manner three times within forty-five calendar days from the date of the first attempt to pay the Seller's Remuneration.
5.6. Within the forty-five-day period stipulated in paragraph 5.5. of the Agreement, the Seller undertakes to provide the Aggregator with correct information, according to which it is possible to pay the Seller's Remuneration.
5.7. The Aggregator undertakes to transfer the Seller's Remuneration within thirty working days from the date of the Seller's submission of new details.
6. PROCEDURE FOR DELIVERY OF GOODS
6.1. The procedure for delivery of goods is carried out by the Seller in a format convenient for the Seller and the Buyer.
6.2. The Seller sends the goods and must make sure that the Buyer's product file opens and does not contain electronic errors or damage.
7. CONSIDERATION OF APPEALS FROM THE BUYER AND SELLER
7.1. In the event of disagreements between the Buyer and the Seller, the Buyer has the right to open a dispute with the Seller. If necessary, the Seller and the Buyer have the right to contact the Aggregator for the Aggregator to conduct an independent analysis of the current situation.
7.2. The Aggregator is contacted using the Aggregator's software and hardware by clicking the "Invite Administration" button in a dispute that has been open for more than 24 hours.
7.3. If the Buyer opens a dispute over a poor-quality product/service, the Seller can replace the product, improve the service, or return the money (refunds are not made for accidental purchases).
7.4. Upon receipt of the request, the Aggregator shall take measures to contact the Buyer and the Seller, find out what disagreements regarding the goods/services exist between the Buyer and the Seller, and take measures at its own discretion to peacefully resolve the disagreements that have arisen. The duration of the procedure for peacefully resolving disagreements between the Buyer and the Seller established in this Agreement shall be determined by the Aggregator for each specific situation, but may not be longer than 5 (five) calendar days from the moment the Aggregator receives the request.
7.5. If the Seller does not respond within 24 hours, the dispute shall be automatically closed in favor of the Buyer.
7.6. If the Buyer does not respond within 24 hours, the dispute shall be automatically closed in favor of the Seller.
7.7. Once a dispute is closed (including accidentally), it cannot be reopened.
7.8. If the measures taken in accordance with clause 7.3 of the Agreement do not lead to a peaceful settlement of the disagreement between the Buyer and the Seller regarding the goods, the Aggregator, within a period not exceeding 10 (ten) calendar days from the date of receipt of the request, conducts an independent analysis of the compliance of the completed and transferred to the Buyer transaction results with the terms of the Order. In conducting such an analysis, the Aggregator does not act as an appraiser or expert, but solely as an independent party that, on the basis of this Agreement, is authorized to carry out such an analysis, guided by its own independent conviction and discretion. At the same time, the Aggregator is not a representative of either the Buyer or the Seller.
7.9. The Aggregator informs the Buyer and the Seller about the results of the consideration of the request in the Personal Accounts of the Users about the independent analysis performed by the Aggregator for the compliance of the transaction result with the terms of the Order and the decision made as a result of such analysis.
7.10. By agreeing to this Agreement, the Buyer and the Seller thereby give their unconditional consent that the decision taken as a result of consideration of the Buyer's and (or) the Seller's request, which was prepared by the Aggregator in fulfillment of its obligation under this Agreement, is binding on the Buyer and the Seller.
8. WITHDRAWAL AND RETURN OF DEPOSITED FUNDS TO THE BUYER
8.1. It is not possible to withdraw funds from the User's balance. In exceptional cases, a refund can be made, but only using the details from which the User's balance was replenished (even if these details are blocked). In this case, the refund period will be up to 30 business days.
8.2. The balance can be used to pay for goods and services available on the platform.
8.3. In case of questions or disputes related to the use of the balance, users can contact the Aggregator's support service.
8.4. In cases of sale of goods of inadequate quality, the Seller undertakes to return the funds to the Buyer to the User's balance or replace the goods.
9. AGGREGATOR'S REMUNERATION
9.1. The Seller pays the Aggregator's remuneration.
9.2. The Aggregator's remuneration is formed as a percentage of the withheld funds from each Seller's transaction. The percentage of withheld funds is formed by the Aggregator at its own discretion.
9.3. The Aggregator's remuneration includes, among other things, compensation for expenses incurred in the provision of additional services.
10. RIGHTS AND RESPONSIBILITIES OF THE AGGREGATOR
10.1. The Aggregator has the right to process the information specified by the User in the Personal Account for the purpose of making a decision on the User's registration and their further use of the Aggregator.
10.2. The Aggregator has the right to send advertising, informational or other messages to Users, independently or with the involvement of third parties (including using the Aggregator's tools).
10.3. The Aggregator reserves the right, at its own discretion, to remove any materials from the User's Personal Account without prior notice, temporarily restrict access or delete the User without explanation. If there is a suspicion of unauthorized access to the Personal Account, spam distribution or other suspicious activity, the Aggregator has the right to block the Personal Account and withdraw funds until the circumstances are clarified.
10.4. The Aggregator has the right to unilaterally restrict the User's access to the Aggregator, its individual parts, or completely terminate the possibility of using it for organizational or technical reasons, to ensure information security in order to prevent unauthorized access, loss or destruction of Data until such reasons are eliminated, or until another time at the discretion of the Aggregator.
10.5. The Aggregator undertakes to properly comply with the terms of the Agreement.
10.6. The Aggregator undertakes to resolve any problems that arise in the functioning of the Aggregator, and if this is not possible, to notify the User about this in ways available to the Aggregator.
11. RIGHTS AND RESPONSIBILITIES OF THE USER
11.1. The User undertakes to properly comply with the terms of the User Agreement, to respect the rights of the Aggregator.
11.2. The User is obliged to promptly update the information that he provided during Registration in order to ensure its accuracy, reliability, relevance and completeness.
11.3. The User replenishes the balance by any means that function on the Aggregator.
11.4. The User undertakes to leave only honest reviews, without the purpose of discrediting the Seller of the goods/services.
11.5. The User undertakes not to receive or provide access to, not to control, not to reproduce, not to distribute, not to transfer, not to broadcast, not to sell, not to license, not to copy or otherwise not to use the Aggregator's data using robots, parsing, spiders, scrapers or other automated means or processes with manual control for any purposes, not to take actions to circumvent the restrictions on access to the Aggregator and its data established by the Aggregator, as well as not to attempt to modify, translate, adapt, edit, decompile or disassemble, and not to expose the software used by the Aggregator, not to bypass, not to disable or otherwise not to interrupt the operation of protective means or functions that prevent or limit the use or copying of data from the Aggregator.
11.6. The User shall independently take appropriate measures to ensure the safety of data from their Personal Account (including email and password), equipment used to access the Aggregator, and shall be responsible for the security and confidentiality of their data used to access the Aggregator. Any action taken using the User's Personal Account shall be considered an action taken by the User himself or a person authorized by him, and shall establish obligations and liability for the User with respect to such actions and consequences that could entail or entailed such actions, including liability for violation of the Agreement and the requirements of the legislation of the user's country of residence.
11.7. The User has the right to send the Aggregator proposals, demands, claims regarding the operation of the Aggregator, Personal Account and Users.
11.8. The User has the right to unilaterally stop using the Aggregator at any time and refuse to fulfill the Agreement by deleting the Personal Account. To delete the Personal Account, the User shall send a request to the Aggregator's technical support. The Agreement shall terminate upon deletion of the Personal Account and termination of access to the Personal Account.
11.9. The User undertakes not to use obscene language, rude communication, unauthorized advertising, posting information and materials that negatively affect the image of the Aggregator. Posting materials that violate the law or the rights of third parties is prohibited. The User bears full responsibility in the event of a violation. Information that violates the rules or the law will be removed.
11.10. The User undertakes not to use the purchased goods or services for the purposes of illegal financial fraud and fraud, extortion, as well as conducting information political campaigns on the Internet.
11.11. By making a purchase, the Buyer automatically confirms that he wanted to buy this particular product and did so consciously.
12. FINAL PROVISION
12.1. Users undertake not to exercise the rights provided for in this Agreement with the exclusive or predominant intent to cause harm to the participants of the Aggregator, and also undertake not to abuse the right in any other way. In case of failure to comply with such obligation, the Aggregator, in its independent judgment assessing the nature and consequences of the violation committed, has the right to extend the time limits for the performance of certain actions; refuse to protect the rights of the person who has abused the right; make a decision not expressly provided for in this Agreement, and also take other actions to prevent the abuse of the right, leveling or reducing its consequences.
12.2. Users send all notifications, requests and documents via special software and hardware tools of the Aggregator, some of the notifications, requests and documents may also be sent to the User at the discretion of the Aggregator in the Telegram chat, in addition, the Aggregator has the right to use other methods of communication with Users available to it. By agreeing to this User Agreement, the User agrees to receive such notifications, requests and documents from the Aggregator.
12.3. Notifications and requests of Users are stored using the software and hardware tools of the Aggregator. Users agree that such messages, notifications and documents will be considered proper, are equivalent to written documents signed by authorized representatives of Users, and have the same legal significance.
12.4. Users unconditionally agree that the notifications, requests and documents specified in this paragraph are considered received at the time of their sending to the addressees, in connection with which Users undertake to take timely measures to monitor the processes occurring in accordance with this Agreement. Users independently bear the risks of adverse consequences as a result of the actual failure to take measures to receive information sent in accordance with this Agreement.
12.5. The Buyer and (or) the Seller pressing buttons, sending notifications regarding the Order are analogous to the actual