1. General conditions
1.1. This User Agreement (hereinafter referred to as the Agreement) defines the terms of use of https://www.smsradar.az/ by users.
1.2. For the purposes of this Agreement, certain terms and expressions used have the following meanings:
1.2.1. The Parties to this Agreement are the Administration and the User;
1.2.2. Administration — Mobilex LLC, established and registered in accordance with the legislation of the Republic of Azerbaijan, which administers the Service and is the exclusive owner of all property rights to the Service.
1.2.3. User — any individual or legal entity who has accepted the terms of this Agreement and uses the Services;
1.2.4. Service — is an Internet resource (site) located on the Internet at https://www.smsradar.az/ , and includes site applications and other services, software, design of the site, applications and other services, database, any sections and subsections of the services, as well as information posted by the Administration and Users on the services;
1.2.5. User's personal data — as a set of information about the User, includes personal data about him, information automatically transmitted to the Administration in the process of using the Service, including IP address, information from cookies, information about the User's browser, information freely provided during registration or in the process of using the Service, as well as other information about the User;
1.2.6. Information — any information posted on the Service by the Administration or the User;
1.2.7. Personal account — is a set of certain information that the User places using the opportunity created on the site. Each User has the right to have only one personal account;
1.2.8. Balance — An account created to record the balance of funds belonging to the User and which can be used for payments only within the https://www.smsradar.az/ website.
1.2.9. Spam is unsolicited, unauthorized and/or unexpected advertising, informational or other mail and other communications sent in bulk to users without their consent;
1.2.10. Service envelope — a set of services (various bonuses, discounts, preferential advertisements) created specifically for users engaged in entrepreneurial activities, which are commercially profitable and include additional opportunities. The User who receives a service envelope receives certain advantages. The amount paid for the service envelope is not refundable after its activation;
1.2.11. Discount - a reduction in fees applied for the placement, management and other services of the given advertisements;
1.2.12. Vehicle (hereinafter referred to as “Vehicle”) is a vehicle of any type and type, for which an advertisement is placed on the Service in accordance with the requirements and terms of this Agreement.
1.3. Any terms and expressions used in this Agreement and not defined in the "Terms and Expressions" section shall be understood in accordance with the meaning arising from the content of this Agreement. In the event of disagreements regarding the interpretation of a term or expression used in this Agreement, the interpretation provided by the Administration shall be used.
1.4. The use of the Service and its resources is governed by the norms of the legislation in force in the Republic of Azerbaijan, as well as this Agreement.
1.5. This Agreement is a public offer.
1.6. By using the Service, the User is deemed to have joined this Agreement and accepts the terms and obligations to comply with the instructions for using the Service.
1.7. If you use the Service on behalf of a legal entity, that legal entity is deemed to have accepted this Agreement and its terms.
1.8. The Administration has the right to unilaterally change the terms of this Agreement at any time.
1.9. The Administration offers the User services for placing and searching for advertisements using the services of the Service.
1.10. The provision of other services to the User may be regulated by special rules and (or) agreements.
1.11. If the User does not agree with the terms of this Agreement or any amendments or additions made to it, he/she must refuse to access the Service and stop using the services of the Service.
1.12. The User accepts the provision that all materials and services of the Service or any part thereof may be accompanied by advertising. The User agrees that the Administration shall not bear any responsibility and shall not have any obligations in connection with such advertising.
1.13. Registration in the Service is voluntary for the User.
1.14. Upon registration in the Service, the User gains access to additional services of the Service. The Administration has the right to request confirmation of the information provided by the User during registration and to provide supporting documents from the User at any time.
1.15. The User must keep his/her personal password confidential. The User is responsible for actions taken using his/her email address and personal password, as well as actions performed in his/her Personal Account.
1.16. The User has the right to use the Services only using his/her personal email address and personal password. If the User suspects unauthorized access to his/her Personal Cabinet, he/she has the right to freely change his/her personal password.
1.17. The Administration has the right to use special technical solutions to verify the accuracy of the information provided by Users during registration and (or) authorization.
1.18. The Administration cannot guarantee that the User is actually who he/she claims to be, or the accuracy of the information provided by the User during registration on the Service.
1.19. The User is advised to communicate with potential counterparties using all the opportunities and tools created by the Service for this purpose.
1.20. The Administration has the right, at its sole discretion, to suspend access to the services of a User who violates the terms of this Agreement.
1.21. In the event of a violation by the User of the rights of other persons and (or) applicable legislation, as well as in the event that the interests of the Administration may be harmed, the Administration has the right to restrict or suspend the User's access to the Service.
1.22. A User whose access to the Services has been suspended or whose data has been deemed invalid is not entitled to re-register with the Service without the specific permission of the Administration. Such a User is also not allowed to use another User's registration data to access the Service and its services.
2. Use of the Service. Posting of Data
2.1. After filling out the special form provided by the Service, all registered and unregistered Users obtain the right to place advertisements on the Service.
2.2. The User undertakes not to take any action (action or inaction) that constitutes a violation of national and international legislation, including intellectual property and other rights related thereto, as well as any action that leads or may lead to disruption of the normal operation of the Service, and to refrain from such initiatives.
2.3. All agreements (agreements, contracts, etc.) between Users through advertisements placed on the Service are concluded directly between them, and the Administration and the Service are not participants and (or) intermediaries in these agreements.
2.4. The Administration does not control and is not responsible for agreements reached between Users through advertisements posted on the Service.
2.5. The User's comments and other notes on the Service must not contradict the requirements of the legislation and public moral standards.
2.6. The Administration is not responsible for the User's access to and use of external resources on the Service. The Administration is not responsible for the content of advertisements, links to other resources, and other information specified in the description of advertisements.
2.7. The Administration has the right to publish the announcements and information provided by the User. In order to exercise this right, the User grants the Administration the right to use, distribute, publish, compile, process, display, copy, reproduce, and reproduce the announcements and information, including the right to reproduce the information, images, photos, video and audio materials, databases, publications, copyright and intellectual property rights, as well as any other information on all known or unknown data carriers by the User. The listed rights are granted to the Administration free of charge. The User grants all Users of the Service the right to access the information posted by him/her. However, the User retains intellectual property rights to the materials posted by him/her on the Service.
2.8. The Administration and the Service are not responsible for any violation of the rights of third parties in connection with the provision of any information by the User.
2.9. The User is obliged to place advertisements in accordance with the instructions of the Service and to provide reliable and complete information about the NV offered for sale and the terms of its sale.
2.10. The User must check the information about the NV specified in the advertisement, and if he discovers incorrect or incomplete information, he must correct or complete that information.
2.11. The User who places an advertisement regarding a PO must have the right to perform the actions indicated in that advertisement with respect to this PO.
2.12. The User must have all rights to place the information provided in the advertisements on the Service, as well as licenses and permissions, if required, patent rights, the right to use a trademark, as well as written consent to receive information constituting a trade secret, use intellectual property rights, or permission from third parties to use their names, images or other objects.
2.13. The Service has the right to request additional information from the User regarding the NV mentioned in the advertisement placed by him/her and (or) documents confirming the information provided by the User. The Service has the right to suspend the publication of the advertisement until such documents or information are provided.
2.14. The User has the right to sell any NV about which he has placed an advertisement on the Service, provided that he complies with the rules for using the Service.
2.15. The Service has the right to limit the number of active advertisements of the User on the Service, as well as to limit the actions of the User on the Service, in order to maintain the high quality of services provided to all Users.
2.16. The User must take into account that the description of the Property in the advertisement placed on the Service is one of the conditions of sale of this Property.
2.17. The terms of presentation and (or) sale of the NV specified in the advertisement, the description of the NV, as well as other terms of the advertisement must comply with the legislation in force at the time of posting the advertisement and the time the advertisement is on the Service and with this Agreement.
2.18. If any condition of an advertisement placed on the Service is deemed to be inconsistent with the legislation and/or this Agreement as a result of amendments to the legislation or this Agreement, such conditions or such advertisement shall be amended by the User to eliminate such inconsistency. If it is impossible to make the appropriate changes after such a situation arises, such advertisement and/or condition shall be deleted by the User. In the event of the situation specified in this paragraph, the Administration shall have the right to amend or delete such advertisements and/or conditions without prior notice to the User.
2.19. It is prohibited to post on the Service any advertisements that violate the law, public morals, are offensive or inappropriate, or infringe the rights of third parties. The User must ensure that the offer he/she makes does not violate the applicable law and the terms of this Agreement.
2.20. The use of paid services does not guarantee that the ad will not be blocked by the Administration in case of violation of this Agreement. In case of violation of the rules for placing ads, funds paid for the services are not returned.
2.21. It is prohibited to place links in the advertisement to pages of websites containing offers for sale, use, or other information about goods and services.
2.22. The User undertakes not to support or disseminate information about the services provided by the following:
2.22.1. by other trading platforms, online auctions and (or) online stores;
2.22.2. By other services offering the same or lower priced goods and services as those provided on the Service;
2.22.3. By other services offering goods and services prohibited for sale on the Service.
2.23. The User undertakes not to use automatic programs to gain access to the Service without the written permission of the Administration. The use of computer programs that allow posting ads bypassing the usual order of posting ads is prohibited without the written permission of the Administration.
2.24. The User undertakes the following:
2.24.1. Not to attempt any action that could lead to a serious overload of the infrastructure of the Service;
2.24.2. Not to copy, reproduce, modify, distribute or make publicly available any information contained in the Service without the prior written permission of the Administration;
2.24.3. Not to interfere with the operation of the Service in order to hinder or limit access to the Service, as well as not to interfere with the operation of automated systems or processes.
2.25. The User's actions on the Service and the information provided by him/her must not consist of the following:
2.25.1. falsehood, inaccuracy or deception;
2.25.2. creating an opportunity or enabling conditions for fraud, deception or abuse of trust;
2.25.3. theft or leading to the conclusion of agreements with illegally obtained or counterfeit goods;
2.25.4. Violating another person's property rights or infringing on their trade secrets or privacy rights;
2.25.5. contain information that violates someone's honor, dignity or business reputation;
2.25.6. not contain slander or insults against any person;
2.25.7. incitement to commit a crime, as well as incitement of national or racial hostility;
2.25.8. calling for, enabling, or supporting terrorism or extremist activities;
2.25.9. unethical or pornographic in nature;
2.25.10. contain computer viruses, as well as other computer programs aimed at causing damage, unauthorized interference, secret capture or appropriation of data of any system or the system itself, or part thereof, or personal or other information (including information from the Service);
2.25.11. keeping advertising materials;
2.25.12. violation of intellectual property rights, privacy rights and other personal rights of other persons;
2.25.13. violation of legislation in any other way.
2.26. The User is prohibited from placing advertisements on the Service, concluding or executing contracts using the services on the Service in cases where this may lead to a violation of the law by the Service and (or) the User.
2.27. The Administration has the right to advertise a Business, about which an advertisement is placed on the Service, in a manner different from that indicated by the User when placing the advertisement for that Business.
2.28. The Administration has the right to change the location, suspend, terminate or extend the display period of any advertisement for reasons dependent on the Service or for separate reasons.
2.29. The Administration has the right to stop displaying any advertisement at any time for reasons of violation of the rules specified in this Agreement, as well as for reasons of violation of the rights of other Users or legislation, or for any other valid reasons.
2.30. The Administration has the right to edit ads, move them to other sections, and perform any other actions with Users' ads.
2.31. The administration has the right to refuse to place (display) advertisements.
2.32. Requirements for the formalization of the advertisement are stipulated in the rules for publishing advertisements on the Service, in the Site Rules section.
2.33. The user bears full and individual responsibility for the content of the advertisements in accordance with applicable legislation.
3. Paid services
3.1. Users may order paid services on the Service.
3.2. The types of paid services are:
• Search promotion : This service increases the effectiveness of the ad in “SMS Radar”, increases the number of views and brings it to higher positions in the search results. The ranking of ads is based on various parameters: date of placement, relevance, service application, etc. This service is applied once and shows the ad as if it was newly placed. If the ad is active, the service only increases its visibility. If the ad is deactivated, the service can reactivate it and extend the activation period. The service can be ordered multiple times with an interval of 5 minutes.
• VIP ad : Thanks to the “VIP” service, your ad is placed in VIP blocks (home page, search and categories) on the “SMS Radar” platform in a random order and gains greater visibility. Several ads are displayed in the VIP block at the same time. On each VIP day, the system automatically applies the “Move forward in search” service to the ad once. If the ad expires before the VIP service is active, the ad is automatically extended. If the ad is deactivated, it is restored through the service.
• Premium ad : The “Premium” service places the ad in the Premium block on the home page of the “SMS Radar” website. Ads in this block remain there for the duration of their activity. With the Premium service, your ad is also added with the “VIP” and “Move forward in search” services daily. If the ad expires before the Premium service, it is automatically extended by the system. If the ad has already been deactivated, it is restored with the Premium service.
• Ad limit : Individual users can place 1 free ad for 30 days on the “SMS Radar” platform. After the limit is reached, posting ads is only possible for a fee. All ads for business account holders are paid. The limit is considered used in the following cases: When the ad is placed, When the ad is deleted, When the ad is blocked or not accepted, When the ad is restored.
• Repeat ad : Only one free ad of the same or similar vehicle can be placed within 90 days. This service must be applied for repeated posting. Otherwise, the system will not accept or block the same or similar ad. The same vehicle cannot be placed even with a different number. The new ad is published only with this service, the previous one is not accepted.
• Ad Restoration : This service is only applicable to expired or deleted ads. The ad is reactivated and extended for 30 days. During ad restoration: The number of views of the ad can be reset, It is possible to edit the ad, The “Move forward in search” service is added once, The edited ad must pass verification. After verification, the ad is published on the site.
3.3. Prices for services, as well as the procedure for ordering paid services, are indicated on the relevant pages of the Service.
3.4. The User who has paid for the services of the Service has the right to apply to the Administration with a request for a refund of the funds paid. The decision on the refund or refusal of these funds is made unilaterally by the Administration.
3.5. The Administration has the right to refuse to return funds to the User in the following cases:
3.5.1. If the User repeatedly violates the terms of this Agreement;
3.5.2. If the service is activated, as well as if the ad is deleted after moderation;
3.5.3. in cases of any malfunctions in the payment system. In such cases, the issue of refunding funds is considered on an individual basis. The Service is not responsible for the operation of payment systems through which Users pay for the Service;
3.5.4. In other cases based on a reasoned decision of the administration.
3.6. The issue of refunding funds is considered and resolved between the Administration and the User on a case-by-case basis.
3.7. Refunds will be transferred to the user's account within 30 days.
4. Connections
4.1. The Administration has the right to send e-mails and (or) short messages (SMS messages) to the e-mail addresses or phone numbers of Users.
4.2. Messages from the Service may be published on the Service.
4.3. The User agrees that such letters and messages sent to him may contain, without any limitation, offers from other Users to conclude contracts, other such information and (or) advertising messages.
4.4. The User agrees that individual parts of messages sent to his/her e-mail address or phone number may be of an advertising nature, as well as that separate messages of an advertising nature may be sent to them.
4.5. Messages published on the Service are considered delivered to the User from the moment they are published.
4.6. The Administration is not responsible for the sending of messages by Users to each other and (or) for the sending of messages on the Service by automated systems (robots) placed on the form.
4.7. The Administration is not responsible for the use by Users and (or) robots of phone numbers and email addresses posted by the User on the pages of the Service.
4.8. The User confirms that the Administration has the right to provide the Users with their email addresses and phone numbers to third parties for the purpose of sending letters and messages.
4.9. The User's correspondence with the Administration or moderators of the Service is carried out using the email address specified in the Service.
4.10. The User is not allowed to post comments or other posts on the actions of moderators and the Administration on the Service, or to engage in discussions about them.
4.11. The User may refuse to receive messages to his/her phone number or email address at any time by sending a corresponding request to the Service.
5. Software
5.1. The Administration is the owner of the domain name on which the site is located, the site itself, mobile applications, as well as the entire Service and all software of the Service.
5.2. When downloading the software, the Administration grants the User a personal, free, general license to use the software, but its transfer to third parties is prohibited.
5.3. In accordance with the functions and purpose of the Service, such permission is intended solely to provide the User with the opportunity to use and benefit from the services of the Service.
5.4. It is prohibited to copy, modify, share, sell (alienate), exchange or lease, in whole or in part, intellectual property objects belonging to the Administration (including software), as well as to "crack" or attempt to obtain the source code of the software without the written permission of the Administration.
6. Limitation of liability
6.1. All information (including personal information) provided by the User to the Service is placed by him/herself for the purpose of selling (alienating) his/her Personal Information.
6.2. The User posts this or other information about himself/herself solely for his/her own benefit, including to simplify establishing contact with other Users and/or to identify the User.
6.3. When posting information about himself, the User agrees that such information is posted on the Service in a publicly accessible manner, that is, this information is open to any customer or User of the Service.
6.4. The User accepts all risks associated with such posting of information, including without limitation the following risks: the risk of the email address being included in lists for sending spam messages; the risk of the email address being known to various types of fraudsters; the risk of the phone number being disclosed to SMS spammers and (or) SMS fraudsters; other risks arising from such posting of information.
6.5. Service and Administration are not the organizer, intermediary, buyer or seller of contracts and transactions regarding the announced NV.
6.6. The Service is not liable for any damages, lost profits, income, financial losses, or indirect, actual, incidental or punitive damages, as well as for any damages resulting from the conclusion and execution of contracts by Users, or for any loss resulting from the conclusion of contracts.
6.7. By using the Services, the User agrees that he/she is responsible for using the Services and bears all risks associated with the use of advertisements placed on the Services.
6.8. The Service is a tool that allows Users to place advertisements for goods (items) whose sale (alienation) and (or) acquisition is permitted by law, this Agreement and other rules for using the Service.
6.9. The Service is not obliged to always check the ads placed by Users, and therefore the quality, safety, legality and compliance of the NV with its description, as well as the seller's ability to sell the NV and the buyer's ability to acquire it, are beyond the control of the Service.
6.10. The Service is not obligated to monitor the reliability and validity of the information posted by Users in the advertisements.
6.11. The Administration and the Service, their managers and employees do not bear any responsibility for the content of the advertisements placed on the Service, as well as their reliability and validity.
6.12. The Administration and the Service, their managers and employees do not bear any responsibility for the content of any information received from third parties (including information received in the Users' mailbox and (or) mobile phone), as well as for the use of Users' contact information by third parties.
6.13. The User agrees that the fact of placing an advertisement on the Service does not guarantee the authenticity and legality of the offer, sale and (or) acquisition of any NV. The User freely makes the decision to conclude and execute the Agreement.
7. Force of the Agreement
7.1. This Agreement shall enter into force from the moment the User begins using the Service and shall remain in force indefinitely, regardless of the fact of the User's registration on the Service or the placement of an advertisement.
7.2. The User has the right to terminate the right to use the Service at any time. After that, the User loses the right to place new advertisements.
7.3. The Service has the right to terminate the User's access at its sole discretion. A User whose access to the Services has been terminated or whose information is not authentic has no right to re-register in the Service without the special permission of the Administration. Such a User has no right to use the registration information of another User to access the Service.
8. Other conditions
8.1. Disputes arising from this Agreement and the implementation of the Services shall be resolved in accordance with the legislation. In the event of disputes, the parties to this Agreement shall prefer to resolve them through negotiations.
8.2. The legislation of the Republic of Azerbaijan shall apply to the resolution of all disputes that arise.
8.3. The Service has the right to unilaterally and without notifying the Users to amend this Agreement. Amendments to this Agreement and the new version of this Agreement shall enter into force from the date of their publication on the Service.
8.4. None of the provisions of this Agreement may be understood or interpreted as establishing an agent relationship, joint venture relationship, employment relationship, or any other relationship not directly provided for in this Agreement between the User and the Administration.
8.5. The finding by a court of any provision of this Agreement to be invalid or unenforceable shall not result in the invalidity of the other provisions of this Agreement.
8.6. Inaction (failure to react) by the Administration in the event of a violation by the User of any provision of this Agreement does not deprive the Administration of the right to take further actions consistent with the protection of its interests and rights.
8.7. All other terms and conditions not provided for by this Agreement regarding the relations arising between Users, as well as between the User and the Administration, are regulated individually in accordance with the legislation, established practice and business customs.
The User confirms that he/she is familiar with all the clauses of this Agreement and accepts them unconditionally in full.
Extras:
Addendum No. 1 to the User Agreement
