TERMS AND CONDITIONS - CUSTOMER
1. GENERAL PROVISIONS
BeeProf, (hereinafter referred to as the Company) publishes this Public Agreement (Agreement and / or Offer) on the provision of services on the website https://beeprof.com and BeeProf applications for mobile devices based on iOS, Android systems. This Agreement is a public contract, and in case of acceptance (acceptance) of the conditions set out below, any capable individual or legal entity (hereinafter referred to as the Customer) undertakes to comply with the terms of this Agreement.
The following requirements must be met:
BeeProf reserves the right to refuse membership to the Customer. In this offer, unless the context requires otherwise, the following terms have the following meanings:
Offer - a public offer of the Company, addressed to any capable individual and / or legal entity, to conclude a Public Agreement with him on the provision of services on the terms contained in this Agreement, including all its annexes.
Acceptance - full acceptance by the Customer of the terms of the Agreement.
Site / s - the website https://beeprof.com, beeprof.com applications for mobile devices based on the operating systems iOS, Android, administered by the Company and representing a communication platform for placing temporary classified ads (hereinafter referred to as the Site and / or Sites);
Customer - any capable individual or legal entity who has accepted the terms of this Agreement and uses the services of the Company. On behalf of a legal entity, the use of the Site is carried out by an authorized employee / representative of such a legal entity;
Business Customer (hereinafter referred to as the Company) is a Customer using the Site for business purposes and meets at least one of the signs specified in this Agreement. The Customer can be considered a Business User by the Company, regardless of whether such Customer is registered as a business entity in the manner prescribed by law, or carries out such activities without proper registration.
A product is any tangible and intangible object.
Service - any operation other than the supply of goods related to the provision of a service that is consumed in the process of performing a certain action or performing a certain activity to meet the personal needs of the customer.
Services / BeeProf service - any paid and free services provided to the Customer using the Sites (for example, including, but not exclusively, all of its capabilities, text, data, information, software, graphics or photographs, drawings, etc. etc.), as well as any other services provided by the Company using the services of the Sites.
Account / account - an electronic cabinet / profile created by the Customer and owned by the Customer in the BeeProf functional system, with which he can create his orders on the Websites and / or mobile application. An account can be used only by one Customer, the transfer of data to access the account to another Customer (another person) is not allowed;
Registration - acceptance by the Customer of an offer to conclude this Agreement and the procedure during which the Customer, by filling in the appropriate forms of the Site, provides the necessary information to use the services of the Site and / or the mobile application.
Personal data is information or a set of information about the Customer, which is identified with their help or can be specifically identified.
SMS verification is a verification of the Customer, which is carried out by entering a special verification code (OTP code) into the appropriate field on the verification page, sent by the Company in an SMS message to the number specified by the Customer on the verification page or registration page.
If the Customer does not agree with the Agreement in whole or in part, the Company asks him to leave this site and / or remove the application from the device.
These conditions govern the User's use of the Sites and services of the BeeProf platform / service. Use of the BeeProf Services means that the Customer is familiar with this Agreement, understands and accepts its terms. The rights and obligations of the Parties, the rules for using the Sites may also be contained in the articles of the User Support Center, materials posted on the Site / Blog (or links to which are posted on the Site / Blog). Such articles, materials are an integral part of the Agreement. Starting to use any BeeProf service, installing the application, or passing the registration procedure, the Customer confirms his legal capacity and acceptance of the terms of the Agreement in full, without any reservations or exceptions, as is. If the Customer disagrees with any of the provisions of this Agreement, the Customer is not entitled to use the BeeProf services.
The Company offers the Customer services for the use of the Sites for posting information about orders, in order to receive a subsequent proposal from the contractors of these services required by the Customer. All transactions are concluded between the Customer (s) and the Service Provider (s) directly. Thus, the Company is not a participant in the Users' transactions, but only provides a communication service as a platform for placing orders (orders).
2. PLACING AN ORDER AND COST
3. LIABILITY AND INFORMATION
BeeProf helps protect your personal privacy and follows data protection regulations. To use the Service, you must register your name, email address, zip code and mobile phone number. The purpose of this registration is to enable the Customer to use the Service and to prevent and facilitate tracking of violations of the Terms. When creating a job description, the Customer agrees that his contact details and the content of the job description are provided to performers who have shown interest in the job. This is achieved due to the fact that service providers associated with the Service are able to retrieve contact information for tasks of interest to them when they enter the Service.
BeeProf is a pure electronic intermediary service / platform between Customers and Performers. BeeProf is not a part or legal party of business agreements concluded between the Customer and the Service Provider. This means that BeeProf is not responsible for any disputes that may arise between the Customer and the Service Provider, for example - disagreements regarding work, injury, non-payment, etc. The Customer is responsible for ensuring that the information provided by the Customer in the Service is accurate and does not violate the law or the rights of third parties, as well as that any permissions required by law or other regulations are obtained. BeeProf has the right to delete information provided by the Customer without prior notice if its content is deemed illegal or inappropriate.
It is not allowed to impersonate another person or company, or write illegal and unethical things in a request or decision. Violations will be reported and the violation may result in the suspension of the Customer's account without warning. You are also not allowed to use contacts in the service to attract suppliers outside of the service. That is, to establish the contact who placed the tender on the request for the order, and then execute the order outside the service. In addition, no violation of the terms of this agreement is allowed. Violation of these conditions may result in the user's account being banned without warning. It is forbidden to insert into the order links to resources that contain malicious elements or links to the main page of the site. It is forbidden to place an order for a product or service if such placement may lead to a violation of law enforcement legislation. Ads can be selectively posted or pre-moderated by representatives of BeeProf.
It is forbidden to place / execute orders / delivery services / sales:
A photo showing the product / service offered by the Customer for implementation must correspond to the service and the text of the product / service. The photo should only show the object of the product / service. Stock photos and / or photos downloaded from the Internet are prohibited for publication in the objects of goods / services. The company is not responsible for the content of ads or hyperlinks to resources specified in the description of the Customer's ads. The subject of ads may be goods or services, the sale of which is not prohibited or limited in accordance with the legislation of the country in which they are sold, and also does not contradict this Agreement. The company has the right to remove ads at the request of the copyright holder or competent state authorities. The company also reserves the right to remove any ads that, in its opinion, do not comply with the principles and foundations of public morality. The decision to remove is final and not subject to appeal.
The customer is responsible for ensuring that the job description contains accurate and up-to-date information about the job that the customer wishes to perform. BeeProf has the right to amend the job description to make it more relevant and understandable or remove unauthorized or inappropriate content without notifying the Customer. BeeProf may also contact the Client for more information on the task the Client wishes to complete. It is forbidden to make rude or inventive requests, there must be a real need for help. The customer is responsible for providing accurate contact information to BeeProf. BeeProf is not responsible for problems related to incorrect email addresses, incorrect phone numbers, full inboxes, spam filters, or inactive email addresses. However, BeeProf will happily help solve this type of problem. The customer is responsible for informing BeeProf of any updates to contact information.
The Customer is obliged to indemnify for the damage caused to BeeProf by the Customer who violated the Agreement or the Terms or otherwise committed a negligent act. Compensation includes, but is not limited to, attorney's fees, legal fees and fines, and other compensation. BeeProf cannot be held responsible for any costs or lost profits by the Customer as a result of using the Service. Business agreements and agreements created in the Service between the Customer and the Service Provider are binding. BeeProf is not a party to business agreements entered into between Customers and Service Providers. Also, BeeProf is not responsible for any defects, damages or other disputes that may arise as a result of contacts and completed tasks in the Service.
4. INFORMATION PROVIDED BY THE CUSTOMER
The Company reserves the right to contact the Customer: send information messages to the email and physical address specified during registration, as well as send messages to the Customer's mobile phone. The collection of information is carried out by an independent, using the software of the Site / Platform / Mobile application, the user specifies the relevant data required to place ads on it. Information of a technical nature contained in the system, for example, ip-addresses, in accordance with the general rules of Internet communications, is used by the Company for purposes related to the maintenance of network equipment, as well as for the aggregation of general statistical, demographic information (for example, about the region, from connected by the user).
The customer provides access to the services of the Site during the time periods of continuous use - sessions. The registered Customer provides access to the part of the Site that is accessible only after entering his login and password at least once during the session. The customer is prohibited from providing information in violation of this Agreement or the rights of third parties, in particular, the information should not contain:
5. PROVISION OF SERVICES, BEEPROF LIMITATION OF LIABILITY
BeeProf has the right to restrict access to the Service to the extent that, in BeeProf's opinion, it is necessary to update and improve the Service / Platform. In addition, BeeProf is not responsible for damage that may be caused by missing or delayed assignments. Compensation cannot be claimed for such violations. By using the services of the Sites / Platform, the Customer confirms his consent to the fact that he uses the Sites / Platform and its services at his own risk and risk "as is", assesses and bears all the risks associated with the use of orders placed on the Sites, and the Company, in including its management, employees and agents, do not bear any responsibility for the content of orders placed on the Site, for any losses and losses resulting from the use of orders placed on the Sites.
The company is not the organizer / initiator of the transaction between the Customer and his party. The site is a service communication platform for the provision of services that provides an opportunity for Customers to place orders and purchase legally permitted goods and / or services at any time, from anywhere and at any price. The company cannot control the accuracy of the information posted by the Customers in the ads. The company is not liable for any damage caused as a result of the transaction or improper behavior of any of the parties to the transaction.
The Company is not responsible for the behavior of Users or for the goods / services offered by them, indicated in the posted ads. All disputes and conflicts between the parties are resolved by them independently without involving the Company. The Company is not responsible for any unauthorized access or use of the Company's servers and / or any information about Customers stored on them, as well as for any errors, viruses, "Trojan horses", etc. that may be transmitted to the Sites / Platform or through the Sites / Platform by third parties. The quality, safety, legality and compliance of the product or service with their description, as well as the Customer's ability to sell or purchase the product / service are beyond the control of the Company.
The Company encourages Users to exercise caution and maintain common sense when using the services of the Sites. The customer should take into account that his counterparty may not have the appropriate legal capacity or impersonate another person. The use of the Company's services implies that the Customer understands and accepts these risks, and also agrees that the Company is not responsible for actions or omissions on the part of the Customer. The customer cannot conclude that the order, purchase of any product or service is valid and legal based on the fact of placing, purchasing a product or service on the Sites / Platform. The customer assumes full responsibility for his actions.
If the Customer has claims against another User as a result of the latter's use of the services of the Site / Platform, the Customer agrees to make these requirements independently and without interference from the Company, and also releases the Company (along with its subsidiaries, affiliates, employees, directors, authorized and employees) from all claims, liabilities, compensation for damages, losses, costs and expenses, including attorney's fees, known or unknown, arising from or in connection with such claims. Inaction on the part of the Company in the event of a violation by the User or other Customers of the provisions of the Agreement does not deprive the Company of the right to take appropriate actions in defense of its interests later, and also does not mean that the Company waives its rights in the event of such violations in the future.
The Customer has the right to inform the Company about the fact of violation of his rights by another User, using the contact information on the contact page. The Company is not responsible for non-fulfillment or difficulties in fulfilling obligations to provide access to the Sites due to unforeseen force majeure circumstances, the consequences of which cannot be avoided or overcome (such as decisions of the authorities, labor disputes, accidents, breaks in the general communication system, etc.). etc.). The Company is not responsible for malfunctions in the Websites / Platforms caused by technical interruptions in the operation of hardware and software.
Under no circumstances will the Company, its management, employees and agents be liable for direct, indirect, incidental, special damage, losses and paid penalties of any nature (even if the Company was warned of the possibility of such damage) as a result of using the Sites and its services by the User, including, without limitation, cases in which damage has resulted from the use or misuse of the Sites and its services. Nothing in the Agreement can be understood as the establishment between the Customer and the Company of agency relations, partnership relations, joint activity relations, labor relations, or any other relations not directly provided for by the Agreement. The Company is not responsible for the safety of information from the account, the ability to use the services of the Site / Platform, in the event of blocking / prohibiting the use of third-party services, through which the Customer registers and / or logs on to the Site that are outside the control of the Company.
Any errors in the Service discovered by the Customer must be notified in writing to BeeProf within seven days from the date of discovery by the Customer.
7. TERMINATION AND REMOVAL
The Customer's announcement can be removed by the Company due to violation by the User of the terms of this Agreement, as well as for the following reasons:
The customer can request removal from the BeeProf platform at any time. At the request of the company, BeeProf will delete any information about the Customer that is visible from the outside. A customer who is excluded is not entitled to claim financial compensation or damages. If the Customer violates the Agreement or the Terms, BeeProf has the right to immediately cancel the Service until the Customer again fulfills the Agreement and the Terms. This Agreement enters into force from the moment the User starts using any service of the Site, the installation of the application or from the moment the Customer registers on the Site and is valid indefinitely.
The Customer has the right to terminate his registration on the Site unilaterally, without prior notice to the Company and explanation of the reasons. If the Company has made any changes to the Agreement with which the Customer does not agree, he is obliged to stop using the services of the Sites. The fact of not stopping the use of the Sites is a confirmation of the Customer's consent to the corresponding edition of the Agreement.
Termination of the Agreement by the Company may occur in the following cases:
BeeProf has the right to assign this agreement between BeeProf and the Customer, including all or part of any associated rights and / or obligations to third parties. BeeProf has the right to constantly check the Customer and exclude those who do not meet the basic requirements. Collect current reviews and feedback from the Service Providers about the Customer and its employees. BeeProf reserves the right to immediately exclude a Customer who, on repeated claims, behaves badly, for example, shows poor judgment, threatens the Performers, neglects obligations, violates the general BeeProf Terms and Conditions or otherwise acts in a way that may be perceived as offensive to others.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
All objects available through the services of the Company, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any content posted on the services of the Sites / Platform, are objects of the exclusive rights of the Company, Users and other copyright holders. The use of content, as well as any other elements of services, is possible only within the framework of the functionality offered by this or that service of the Websites / Platform / Mobile Application. No elements of the content of the services of the Websites / Platform / Mobile Application, as well as any content posted on the services of the Websites / Platform / Mobile Application, can not be used in any other way without the prior permission of the copyright holder. By use is meant, including but not exclusively: reproduction, copying, processing, distribution on any basis, etc.
To provide the Company with the right to publish the information provided by the Customer, the Customer provides the Company with a valid everywhere (geographically not limited), perpetual, irrevocable, non-exclusive, sublicensable right to use, publish, collect, demonstrate, copy, duplication, reproduction, communication to the public regarding copyrights, publications and databases owned by the Customer, as well as regarding the information, images and photographs provided by him on all known or unknown media. The above rights are granted to the Company free of charge (without payment of remuneration). At the same time, the Customer retains all property rights to the content of the information posted in the ad. The Customer agrees that the text, photographs, and other materials added to the ad can be used by the Company in the preparation of advertising materials, articles, reports, analyzes, etc., and used by the Company at its sole discretion without additional consent from the Customer. , without payment of remuneration.
By using the services of the Sites, the Customer confirms that he is solely responsible for the content of orders placed by him, and also has all the necessary rights, licenses, permissions to post information in an ad on the Sites, including without limitation all patents, trade marks, trade secrets, copyrights, or has the appropriate written consent, license or permission of all persons and companies identified in the ad to use their names or images.
The customer undertakes:
The customer is prohibited from:
The Company undertakes to make every effort to properly fulfill its obligations under this Agreement, including the normal operation of the services of the Sites and the non-dissemination of personal data provided by the User to third parties, except as otherwise provided by law. The Company may periodically set restrictions on the use of the services of the Sites, in particular, the maximum number of days for storing an order. The Company has the right at any time to change or terminate the operation of the services of the Sites or their parts with or without notice to the Customer, without incurring responsibility for such changes or termination.
In order to maintain the high quality of its services, the Company reserves the right to limit the number of active advertisements of the Customer on the Sites, as well as limit the actions of the Customer on the Sites. The Company may deny the Customer access to the Sites if the Customer violates the terms of this Agreement. The fact of violation is considered confirmed if the Customer was notified by the administration of the Sites about the conduct of activities that violate the rules of the Sites and the rights of third parties. The Company reserves the right at any time to delete or disable the Customer's account, as well as to remove all posted ads of the Customer, leaving prior notice to the Customer about such disconnection at its sole discretion, and without incurring responsibility for its actions to the Customer and third parties.
The Company has the right, at its sole discretion, to reject, delete or move any advertisement posted on the Sites for violation of this Agreement. The Company has the right to transfer the Sites with all its services and content, including the personal information of Users, to its successor under contracts or other grounds. The transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation. The customer has the right to send complaints about the operation of the Site / Platform / Mobile application using the contact information on the contact page, which will be considered within 4 working days from the moment of their receipt or from the moment of receiving full information on the essence of the complaint. The Company has the right, at its discretion, to terminate the consideration of the complaint, and / or limit the number of responses to Customers who violate the terms of the Agreement.
The Operator providing support to Users by phone and / or answering the Customer's phone call has the right to terminate the call in case of threats from the Customer towards the Operator, the Company, obscene language, translation of a conversation on personal topics, meaningless conversation. The Company reserves the right at any time to demand from the Customer confirmation of the data specified by him during registration, and in this connection to request supporting documents (in particular - copies / certified copies of identity documents), which, at the discretion of the Customer, may not be provided. be equated with providing false information. If the Customer's data specified in the documents provided by him do not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow identifying the Customer, the Company has the right to deny the Customer access to use the services of the Sites with prior notice Customer or without one.
The company has the right at any time to stop supporting (functioning) certain versions of the BeeProf application for mobile devices based on any operating systems. To continue using the application, the User must update the application to a new version, or download the application in the current version. The Company has the right to block the Customer's account without the possibility of its restoration if more than 6 (six) months have passed since the moment of its blocking or suspension. For the purposes of this clause, the reason for blocking (suspension) can be both a violation by the Customer of the terms of the agreement, and suspicious activity in the account. We are forced to resort to such measures, since after 6 months we are not able to verify the account data and ensure the safety of its use.
The parties may, within the framework of the Agreement and the Terms, process personal data. The Parties agree that each Party is responsible for processing personal. Thus, each Party processes personal data at its own risk and responsibility. To the extent that a Party discloses personal data to another Party, the receiving Party is responsible for the personal data and processes the data only for purposes that are consistent with the Agreement or the Terms. Each Party is responsible for ensuring that the processing of personal data complies with applicable law and takes all appropriate technical and organizational measures necessary to protect the processed personal data. To the extent that Beeprof needs to delete or update Customer information in accordance with the Data Protection Regulation or other applicable laws, Customer is not entitled to a refund as Customer can no longer see this information on the Service.
The Customer agrees that the Contractors can provide feedback on the Customers. BeeProf is not responsible for the content of the Contractor's reviews, but undertakes not to publish reviews, the content of which violates the law. The customer does not have the right to demand the removal or correction of the submitted reviews, but always has the opportunity to respond to the review of the Contractor.
10. INTELLECTUAL PROPERTY RIGHTS
BeeProf owns intellectual property rights to text, images, design and other materials and information provided to the Customer through the use of the Service / Platform / Mobile Application. The same applies to the base code for the Service / Platform / Mobile Application. Such materials and information cannot be used in any other way, except in the normal use of the Service. BeeProf owns intellectual property rights to descriptions of purposes, including images provided in the Service by the Customer. They can be published in BeeProf channels and used for marketing purposes. When posting on the public BeeProf website or other public channel, any personal data is hidden in accordance with the Data Protection Regulation.
BeeProf has the right to change these conditions over time on its own initiative or, if required by laws and regulations. In the event of major changes, users are notified by email. The current terms and conditions can be found in the customer profile menu item “terms and conditions” of the BeeProf mobile app, and the customer is obliged to log in and read them regularly. By continuing to use the Service, the Customer is deemed to have accepted the amended terms and conditions. The customer can unsubscribe from BeeProf by email specified in the contact details of the Beeprof.com website. BeeProf has the right to change the appearance, functionality and content of the Service without prior notice to the Customer.
The Parties undertake not to disclose any information received by the Party from the other Party and which should be considered a trade secret of the other Party or otherwise considered confidential. The Parties shall also take the necessary measures to prevent the disclosure of such information by employees of the Parties to unauthorized persons. The material or information that BeeProf receives from the Customer to provide the Service is never considered confidential. If the Customer violates the Agreement or the Terms, BeeProf has the right to inform Customers using the Service.
Website and Mobile Data:
The Company can automatically receive and register on its servers information from the Customer's browser or any device, including the IP-address, Customer's geolocation, software and hardware attributes, pages requested by the Customer, data contained in the browser databases, including SQL databases , mobile identifiers (including mobile device identifiers such as Google Advertisement ID, IFA or IFV), application usage information, and / or information about other devices used or system level information. This can happen on the Site or on a mobile application, or on services of third parties.
Actions aimed at impairing the service of BeeProf, transferring personal information, destroying BeeProf's reputation or otherwise unfairly acting against BeeProf may be subject to compensation claims under the law.
In addition, documents that violate the terms of this agreement may be subject to claims for compensation in accordance with the law.
14. FORCE MAJEURE
The parties are exempted from losses and other fines if the fulfillment of a certain obligation is impeded or significantly hampered by circumstances that the party could not reasonably foresee. As an excuse, are considered legislative changes, lightning strikes, fires, government orders or other government regulations, wars, natural disasters, or errors in major telecommunications or data networks.
16. CHANGES TO AGREEMENT
In order to improve the quality of the services provided on the Sites / Platform / Mobile Application, to comply with legal requirements and respond to changes in market conditions, this Agreement may be amended by the Company unilaterally. The new version of the Agreement comes into force from the moment it is posted on the Internet.
BeeProf is committed to maintaining a high quality service and communicating with trusted performers. Thus, BeeProf recommends the Customer to provide feedback about the Contractor and / or his employees after completing the task, directly in the mobile application. BeeProf is not responsible for content in reviews that may be perceived as offensive, unfounded or otherwise unfair by the Customer.
18. ELECTRONIC DISTRIBUTION AND MARKETING
BeeProf may periodically send emails to Customers who have registered an account with the Service. These messages may contain important information about the Service, updates in the Customer's job request or newsletter. Messages may also contain information and marketing from BeeProf partners. Customer agrees, subject to these Terms and Conditions, that BeeProf may send emails to Customers. In all emails, the Customer can unsubscribe from future mailings. You can also contact BeeProf support for cancellation.
19. OTHER CONDITIONS
System messages of the Sites related to the Customer's ads are delivered to the email address provided by the Customer when placing the ad on the Sites, and / or in the form of SMS messages, Viber messages to the phone number specified by the Customer. If the Customer does not want to receive such messages, the Customer has the right to remove the relevant ads from the Sites, or send an appropriate message to the Sites Support Service.
Information messages intended for a wide range of Users are published on the Sites and / or sent to the email addresses of Customers who have confirmed their consent to receive such messages in the process of publishing ads / registration on the Site. Users have the right to refuse to receive informational messages to their email address, and / or SMS-messages, Viber-messages, coming to the phone number specified by the User, at any time through the appropriate message to the BeeProf Support Service.
In the event of disputes and disagreements between the Parties under this Agreement or in connection with it, the Parties undertake to resolve them through negotiations. If any disputes, disagreements or claims arising out of this Agreement, or in connection with it, including those concerning its execution, violation, termination or invalidity, cannot be resolved through negotiations, then these disputes shall be considered in accordance with the current legislation in court. Issues not regulated by this Agreement are subject to resolution in accordance with applicable law. Throughout the text of this Agreement, unless explicitly stated otherwise, the term “applicable law” means the legislation of the place of residence of the Customer / Contractor. The recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity or impracticability of other provisions of this Agreement. Disputes between the Parties as a result of the Agreement or the Terms are resolved primarily through negotiations between the Parties. If the parties cannot agree, the interpretation and application of the Agreement and the Terms shall be decided by a public court in accordance with the law.