This User Agreement (hereinafter referred to as the “the Agreement”) governs the legal relationship between the website https://flagma-jp.com/en/ (hereinafter referred to as “the Website”) represented by its owner Individual Entrepreneur V.A. Prokaieva, Dnipro, Ukraine (hereinafter referred to as “the Administration”) and a legally capable physical or a legal entity (hereinafter referred to as “the User”).
This Agreement is a public contract. Acceptance of the conditions set forth herein means automatic acceptance of its fulfillment.
1.1. Website means https://flagma-jp.com/en/, is administered by the Administration and represents a communication platform for placing temporary classified ads.
1.2. Website administration - Individual Entrepreneur V.A. Prokaieva, Dnipro, Ukraine.
1.3. Registered Website User - mean capable individuals who have reached the age of 18 at the time of registration, as well as legal entities that have accepted the provisions hereof.
1.4. Unregistered Website User mean individuals, legal entities that browse the Website without the right to submit ads.
1.5. User/Users means registered and unregistered users.
1.6. Account means the electronic office of the User created by the Administration. Using the electronic account, the User can manage their ads on the Website. Only one user can use an account; transfer of the Account access from one User to another is not allowed.
1.7. Registration means provision by the User to the Website Administration of the information necessary for using the website by filling out the form. Registration is considered complete from the moment of receipt of the corresponding notification to the email address, which was provided by the User during registration.
1.8. Personal data means information or a set of information about an individual that is identified or can be identified with its help.
2.1. The website provides services for viewing and posting information added by Users with the purpose of:
2.2. All transactions are concluded between Users directly. The Administration is not a participant in the Users' transactions, but only provides an online platform for posting information.
2.3. The Administration does not check the information specified by the Users for accuracy and is not responsible to any third parties for the accuracy and reliability of such information.
3.1. The Agreement is deemed to be concluded by the User without any reservations or exceptions at the time of any interaction of the User with the Website, and the User confirms their acceptance of all the terms hereof.
3.2. Using any function of the website by the User means User’s acceptance hereof by default.
3.3. If the User does not agree herewith in full or in part, the Administration asks him to quit this website.
3.4. The registered User additionally agrees with this User Agreement during registration and during the change of registration data; this is specified in the corresponding text under the button “Register”.
3.5. The Administration has the right to change the text hereof unilaterally. The new edition hereof enters into force from the moment of its posting on the website https://flagma-jp.com/en/agreement.
3.6. Legal relations between the User and the Administration hereunder are governed by the laws of Ukraine.
3.7. The User is solely responsible to third parties for its actions related to the placement of Ads on the Website, including, but not limited to, compliance of the content of the User information with the requirements of current legislation. The User understands and agrees that the information placed by them should not infringe copyrights, rights to trademarks and signs for goods and services (trademarks), means of individualization and/or rights to other objects of intellectual property owned by third parties. The User independently and at their own expense undertakes to settle all claims of third parties related to the placement of such Ads on the Website.
4.1. The Administration has the right to publish completely or in part the registration data of the User (Account) on the Website and the websites of partners in any sections. The User agrees that the Administration has the right to collect, process, use and store the User's Account on the Website and its data in order to enforce this Agreement.
4.2. A registered User is personally responsible for the security of their login-password pair specified during registration or subsequent change, and is fully responsible for all actions that will be taken by the User or any other person in the process of using their login-password pair. The user is obliged to change their password immediately if they have a suspicion that their login-password pair has become disclosed or can be used by the third parties.
4.3.User registration data are published on the Website at the time of registration completion and are checked from time to time after registration. If the content of the Account violates the registration rules (including non-specification of the required data or incorrect specification of the section), this Agreement, or contains information that contradicts the requirements of the current legislation, such Account is deleted by the Administration.
4.4. The User undertakes not to create multiple Accounts on the Website from the same legal or natural person, including using different company names, surnames, addresses and other data. In case of violation of this Regulation, the Administration shall deactivate all Accounts of such User unilaterally.
4.5. The registered User has the right and opportunity to remove their Account and their ads independently.
4.6. Ads requirements:
4.7. By posting their information on the Website, the User agrees with the following Rules:
4.8. It is prohibited to place ads advertising the sale of the following goods and services:
4.9. The User agrees and assumes full responsibility for the compliance of the information placed by him with the requirements of current legislation, as well as the User is solely responsible for (but not limited to):
4.10. In the event of claims from third parties related to the information posted by the User on the Website, the User undertakes to settle such claims independently and at their own expense.
4.11. Announcements are published on the Website at the time of posting and are checked from time to time after the posting. If the content of the ads violates the Rules for placing ads, then it is deleted by the Administration. For repeated violations of the Rules for placing ads or for repeated violations of the rules, as well as for deliberately false information in the advertisement posted by the User, the User's Account can be deleted by the Administration.
4.12. Administration has the right to:
5.1. Administration is not responsible for:
5.2. The Administration does not participate in transactions between the Users; therefore, it does not bear any responsibility for these transactions.
5.3. The User agrees to resolve all disputes with another User independently and to make a complaint to another User directly without involving the Administration in such disputes.
5.4. If the User believes that another User has violated their rights, he can file a complaint with the Administration.
5.5. The Administration has the right not to take any action concerning the complaint of the User.
5.6. The Administration is not responsible for temporary disruptions in access to the Website due to circumstances that do not depend on the Administration.
5.7. The Administration is not responsible for any problems with the Website due to technical disruptions in the operation of equipment and software.
5.8. The Administration is not responsible for direct and/or indirect damages, including lost profits, that the User may incur while using the Website, including due to improper fulfillment of its obligations by other users of the Website.
5.9. The Administration is not responsible for the safety of information of the account, the ability to use the services of the Website, the safety and the ability to use funds on the user's personal account in case of blocking/prohibiting the use of the third party services with which the User registers and/or enters the Website, which are beyond the Administration control.
6.1.By registering on the Website, the User agrees that the personal data specified by him is publicly available, and the User agrees to the collection, processing, storage, and use of their personal data by the Administration. The User also gives their consent to the transfer of their personal data to third parties, including the transfer of personal data abroad.
6.2. Personal data processing includes any actions or a set of actions related to the collection, registration, accumulation, storage, adaptation, modification, updating, use, distribution, transfer, deletion of personal data of the User in order to ensure the Website services operation.
6.3. Personal data are processed by the Individual Entrepreneur V.A. Prokaieva, registered at: Ukraine, 49000, Dnipro, 25 Starokazatskaya St., Apt. 45.
6.4. The processing of the User’s personal data is carried out by the Administration in order to ensure the functioning of the Website and to provide the User with personalized services of the Website. Administration is not responsible for the use of personal data of the User by other persons.
7.1.The list of paid services of the Website is as follows:
7.2. The cost of paid services depends on the category, geography of the ad, and the number of your ads. The exact price will be calculated and displayed after selecting the service in the User's personal account.
7.3. Charging is divided by validity period - 7 days, 14 days, 28 days.
7.4. By using the Website paid service, the User confirms that they agree with the terms, cost, and validity period of the paid service chosen by them.
7.5. The funds for unprovided paid services are returned to the account of the User in the Personal Account in the following cases:
7.6. Funds for unprovided paid services are not returned to the User in the following cases:
7.7. In case of systematic (two or more times) violations of the terms hereof, the Administration has the right not to return the money.
8.1. The Administration has the right to delete the User’s Ad without the consent of the User for the following reasons:
9.1. The User undertakes:
9.2. The User is not allowed:
9.3. The Administration undertakes to make every effort to perform their duties under this Agreement properly, including the normal operation of the Website services and the non-proliferation to third parties of personal data provided by the User, except as required by law.
9.4. Administration has the right to:
10.1. This Agreement comes into force from the moment the User accepts the terms of this Agreement and shall be valid for an indefinite period of time.
10.2. The User has the right to terminate their registration on the Website unilaterally without prior notice and explanation to the Administration.
10.3. In case of disagreement of the User with any amendments to this Agreement or other terms of use of the Website, the Registered User shall immediately cease any use of the Website by deleting its account; the Unregistered User is obliged to leave the website.
10.4. The continued use of the Website is an automatic confirmation of the User's consent with the changes made by the Administration.
10.5. Termination of the Agreement at the initiative of the Administration may occur in the following cases:
11.1. The Agreement or any part of it may be amended by the Administration without any special notice to the User. The new edition of the Agreement comes into effect from the moment it is posted on the Website. The current version of the Agreement is always available at https://flagma-jp.com/en/agreement.
11.2. Messages for the Administration are sent via the function link “Contact Us”, which can be found on the bottom of all pages of the Website.
11.3. In the event of disputes/disagreements between the parties, they shall be resolved through negotiations. In case of impossibility to settle the dispute through negotiations, the dispute shall be settled in the manner provided for by the current legislation.
11.4. In cases not stated herein, the parties shall be governed by applicable law.