USER AGREEMENT dated February 2, 2023
1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the "Agreement") is a document that represents the public offer of Alive LLC and contains the rules and terms of provision and use of services of the www.Qoovee.com website (hereinafter referred to as the "Website") for the exchange of information about the products and services available on the Website between Sellers and Buyers.
1.2. The terms and conditions contained in this Agreement shall govern the User's use of the Website's services, software, and products (hereinafter - the "Services"). This Agreement and other similar rules and policies of the Websites are hereinafter collectively referred to as the "Terms and Conditions".
1.3. Each User must read the Terms and Conditions of the Website before registering on it. The use of the Website shall mean the User's full and unconditional acceptance and compliance with the Terms and Conditions of the Agreement.
1.4. Website Administration (Alive LLC, Legal address: T.Frunze str, 38, Bishkek city, Kyrgyz Republic, PO BOX 720000) has the right to unilaterally change the Terms and Conditions of this Agreement at any time. Such changes shall take effect from the moment of publishing and posting a new version of the Agreement on the website. In this regard, the User undertakes to regularly monitor changes to the agreement. If the User disagrees with the changes made, he/she must refuse access to the Website, stop using the Website services, materials and services, unless it violates the rights of the third parties.
1.5. The User must register on the Website to access and use the available services. In the future, the Website Administration shall reserve the right, without prior notice, to restrict the access to or use of certain Services (or part of the Service), provided on the Website to the Users on a paid and free basis, if the User violates the terms of this Agreement.
2. STATUS OF THE USER AGREEMENT
2.1. This Agreement has been drafted by the Website Administration, is a legally binding agreement between the User and the Website Administration, and determines the rules and terms of provision and use of the Website services, as well as the rights and obligations of Users and the Website Administration.
3. TERMS OF WEBSITE USE
3.1. The Website provides electronic Pages for the exchange of information about the products and services available on the Website between Sellers and Buyers. The Website additionally provides the electronic deal-making Pages to the Users for placing, negotiating, concluding, managing, and executing the orders for the provision of products and services. The Website Administration does not control and is not responsible for the quality, delivery, safety, legality, or availability of products or services offered for sale on the Website, except for the conditions specified in clause 6.10. of this Agreement.
3.2. It is forbidden to add information, the content of which is aimed at the incitement of ethnic hatred, gender, racial discrimination, the propaganda of gambling, pornographic materials, war. It is forbidden to perform other illegal actions for which the respective responsibilities have been established.
3.3. The User has the right to order the Service in accordance with section 6 of this Agreement for any product presented on the Website. Each product can be ordered in any quantity, provided that the Seller has a sufficient quantity of the product.
3.4. It is prohibited to place or sell any products and provide services if they are subject to restrictions and prohibitions stipulated in the legislation of the Kyrgyz Republic or in other countries at the location of the Buyer and/or Seller.
3.5. The Website Administration, at its sole discretion, reserves the right to impose additional restrictions and prohibits the placement of products and services that are not prohibited by the legislation of the Kyrgyz Republic and are not subject to restrictions, but may cause negative consequences or be interpreted in a contradictory way, including:
- the sale and purchase of currency, coins, bank notes, bonds, payment orders, electronic and other intangible types of currency (for example, cryptocurrency), securities, as well as equipment used for the production of these items.
- it is prohibited to place offers for sale or sell crude oil.
- it is forbidden to place and sell alcoholic beverages
- to place or sell the monuments of material culture, cultural relics, historical tombstones, and similar items protected by the legislation of the Kyrgyz Republic on the Website.
- to sell drugs, steroids, poppy seeds, poppy seed products, and other substances on the Website.
- to place or sell associated drugs-related products on the Website, including all products whose primary purpose is to manufacture, disguise, or use the controlled substances. This group of products includes products used for ingestion of illegal substances, including tubes, hookahs, carburetor tubes, syringes, glass tubes, hookahs for smoking marijuana, etc. (the list is not exhaustive).
- publications that contain insults of a national or racial nature.
- to place and sell products that contain the likeness, image, name or signature of another person, unless such products were manufactured with the permission of the person or by the person whose likeness, image, name or signature is used in the product.
- the placement of offers of collection of donations and fundraising for personal investment purposes, etc.
- to place financial services, proposals for investment and financing, lending without the appropriate rights and licenses to provide such services from authorized state organization
- to place offers for the sale or purchase of any weapons, equipment, military ammunition, weapons (including explosive means of destruction), and/or related spare parts and related products.
- to place offers for the sale or purchase of air pistols, wind guns, paintball guns, stun guns, harpoons, underwater hunting rifles or other weapons that are equipped with projectiles containing gas, chemical or explosive substances.
- to place or sell foodstuffs and food additives on the Website without authorization documents, certificates from authorized bodies, if such are provided by law or business practices.
- to place tobacco products on the Website including cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, and tobacco leaf (the list is not exhaustive).
- to place offers for the sale of nicotine and liquids for use in electronic cigarettes on the Website.
- the placement of publications offering the sale or purchase of gold, silver and other precious metals (not including jewelry).
- an identity document, permits, and a form issued by state authorities.
- to place offers for the sale or purchase of hazardous materials on the Website (for example, categories of hazardous materials as defined by the International Maritime Dangerous Goods Code).
- the placement of products containing harmful substances on the Website (for example, toys containing lead white).
- to place offers for the sale of explosive materials on the Website.
- prohibits the placement of offers for the sale of people, human bodies, or human body parts. Examples of these prohibited items: organs, bones, blood, sperm, eggs (the list is not exhaustive).
- to place or sell any types of invoices or receipts on the Website (including blank and pre-filled ones, as well as value-added invoices and bills, invoices).
- to place job advertisements on the Website, based on which the factory/company/organization may directly hire employees.
- the placement or selling bulk computer mail-outs or mailing lists containing identifiable personal information, including names, addresses, telephone numbers, fax numbers, and email addresses. Software and other tools designed or used to send unauthorized commercial electronic messages (spam) are also prohibited.
- to place offers of medical and health-improving services, including medical care, rehabilitation, vaccination, dispensary, psychologist, psychotherapist, nutritionist, plastic surgeon, massage therapist services, etc.
- the placement or sale of non-transferable items via the Website. Many items, including lottery tickets, airline tickets, and a number of event tickets, are not subject to resale or transfer.
- the placement or sale of pornographic materials.
- the placement of prescriptions for narcotic substances.
- the placement of fakes, unlicensed copies, and items that do not have the necessary permissions, such as fakes of fashion clothing, watches, bags, glasses, and other accessories on the Website.
- descramblers and other items that can be used to gain unauthorized access to television software (such as satellite or cable TV), access to the Internet, phone, data, or other protected or premium service, or services that are subject to restrictions are prohibited. An indication that an item is intended for educational or testing purposes does not make a product that is otherwise illegal legal. Examples of prohibited products: smart cards, card programmers, descramblers, DSS emulators, and hacker software.
- to place or sell intelligence equipment on the Website.
- the placement or sale of stolen items on the Website (items taken from individuals, as well as property taken from legal entities and states without permission).
- Offers of sale or purchase of textile quota is prohibited on the Website.
- The placement or selling unauthorized (pirated, duplicated, backup, smuggled, etc.) copies of the software, video games, music albums, movies, television programs, photos, and other protected works on the Website is prohibited.
- it is forbidden to place or sell any animals included in the international Red Book on the Website
- drugs and psychotropic drugs
This list of restrictions and prohibitions set by the Website Administration is not exhaustive and may be updated at any time in the future.
3.6. It is forbidden to humiliate, to personally or publicly insult employees, Administration management, executives, cause deliberate damage to the reputation of employees, management, brand, platform and business reputation of the Administration. In case of detection of such facts, the Administration has the right to completely close access to the services of the Site for a while or for life.
3.7. All rights to the Website as a whole and to the use of the https://qoovee.com network address (domain name) belong to the Website Administration. The latter provides access to the Website to all interested parties in accordance with this Agreement.
4. USER REGISTRATION
4.1. User registration on the Website is free, voluntary and is made at the following website address: www.qoovee.com
4.2. When registering on the Website, the User must provide the Website Administration with the necessary reliable, up-to-date and complete information to form their profile and project as relevant and meeting all the necessary criteria. In this regard, the User is solely responsible for the accuracy of the information.
4.3. When registering, the User agrees with this Agreement and assumes the rights and obligations specified in it related to the use and operation of the Website.
4.4. The Website Administration reserves the right to consider the issue of registering the User as a "Seller" within 48 hours from the moment the User enters the information necessary for registration.
4.5. A single User can only register a single user account. The Website Administration has the right to cancel or delete the User's account if it has reason to believe that the User has two or more accounts registered or controlled at the same time.
4.6. When registering the User, the Website Administration must assign an account and create an identification number and a password (the password must be selected by the registered User during registration) for each registered User.
4.7. Each User is fully responsible for the confidentiality and security of their identification number and password for all activities that occur under their account. The User may not share, transfer, or allow the use of their identification number or password by any other person.
4.8. The User shall immediately notify the Website Administration that, upon his/her assurance, an unauthorized use of its password or account, or any other breach of account security is occurring.
4.9. By registering on the Website, the User agrees to receive email newsletters and push notifications on the Website and in the Qoovee mobile app. If the User wants to unsubscribe from all mailings or change their email address for the mailings, they must notify the Website Administration by the following email: [email protected]
5. OBLIGATIONS OF THE USER
5.1. The User agrees not to take any actions that may be considered as violating the legislation or norms of international private law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead, or may lead to a violation of the normal operation of the Website and Website services.
5.2. Comments and other entries of the User on the Website should not conflict with the requirements of the legislation of the Kyrgyz Republic and generally accepted norms of morality and ethics.
5.3. The User is warned that the Website Administration is not responsible for visiting and using external resources, links to which may be contained on the Website.
5.4. The User agrees that the Website Administration shall not be liable to the User in connection with any possible or incurred losses, or losses related to the content of the Website, products or services available or received through external websites or resources.
5.5. The User is warned that the "Verified Supplier" status of the Seller is only a confirmation that the Seller has passed the verification by the Website Administration and confirmed the legality of its entrepreneurship activities and the compliance of the submitted documents and data with the official sources. At the same time, the Website Administration shall not be liable if the Seller has provided false information, forged documents or other misrepresented data to obtain the "Verified Supplier" status.
5.6. The User understands and agrees that the "Verified Supplier" status of the Seller does NOT imply order protection, provision of any guarantees on the performance of obligations by the Seller towards anyone, and the Website Administration shall not be liable for any actions of the Seller, including those having the "Verified Supplier" status, except for cases described in Section 6 of this Agreement.
6. ORDER EXECUTION PROCEDURE. PAYMENT FOR THE PRODUCTS
6.1. The User's order can be placed by the User independently by filling out the order form on the Website. When performing such actions, the User automatically acquires the status of a "Buyer".
6.2. After placing an order, the Buyer receives a confirmation email from the Website Administration indicating the assigned order number, the amount to be paid, and information about the expected delivery time of the order.
The deadlines for receiving the order by the Buyer depend on the Buyer's agreements with the Seller (supplier), the address and region of delivery, the chosen Delivery Service, and do not depend directly on the Website Administration.
6.3. The Buyer pays the full price of the order to the current account specified in the notification. Methods of payment for the products are specified on the Website in the "Payment terms" section.
6.4. The order is accepted by the Website Administration for processing only after the full amount of the Buyer's funds is credited to the current account of the Website Administration.
6.5. The Website Administration sends a notification about the shipment of the order to the Buyer. In order to receive the volume of ordered products, the Buyer shall present the necessary information or the documents to the representative of the Delivery Service. The deadline for submitting claims to the Website Administration regarding the quality, timing and volume of order execution is 7 (seven) days from the date (inclusive) of actual delivery of the entire order volume to the Buyer. Upon expiration of the claim period, funds are transferred to the Seller's account.
6.6. If the Buyer discovers that the order does not meet the requirements specified in the order form within the period specified in clause 6.5. of this Agreement, then the Seller must make every effort to eliminate these violations. If it is confirmed that these violations occurred due to the fault of the Seller, the latter undertakes to eliminate the detected violations at its own expense. Otherwise, the Buyer has the right to return the received products at their own expense, and the Website Administration will return the money to the Buyer, but will withhold bank commissions.
6.7. All information materials presented on the Website are for reference only and cannot fully convey reliable information about the properties and characteristics of the product, including colors, sizes and shapes. If the User has any questions regarding the properties and characteristics of the product, before placing an order, the User must contact the User who is represented by the "Seller" status, from whom he/she plans to order.
6.8. The price of the product is indicated on the Website by the Seller. The final price of the product is negotiated between the Buyer and the Seller and must be displayed in the order form.
6.9. The price of the product on the Website can be changed by the Seller unilaterally (promotions, discounts, etc.). In this regard, the price of products ordered by the User cannot be changed.
6.10. The Website Administration confirms that it acts as a guarantee to the Buyer that the Seller fulfills its obligations to execute the order, namely: the quality of the products and their compliance with the description, timely shipment of the product, protection of saving the funds until the deal is completed on the Website. This guarantee applies if the deal is made with the Seller, who is a member of the "Deal guarantee" system and payment is made through the bank account of Alive LLC, which has all the necessary rights to the www.qoovee.com Website. If the Seller has not fulfilled its obligations under the agreement between the Buyer and the Seller, the Website Administration returns the amount of payment for the deal to the Buyer in accordance with the rules specified in the "Terms of Payment and Refund"
7.1. The methods and cost of delivery of the products are independently negotiated between the Seller and the Buyer at the stage of placing an order.
7.2. The risk of accidental loss or damage to the product shall pass to the Buyer from the moment the product is transferred to the Delivery Service. In case of non-delivery of an order made via the "Deal guarantee" system, the Website Administration reimburses the cost of the paid order amount in accordance with the terms of payment and refund. In all other cases, the Website Administration is not responsible for the delivery of the order.
7.3. The deadlines set by the Website Administration for the User to receive an order from the Delivery Service is limited and is specified when placing the order, at the stage of choosing the appropriate delivery method.
7.4. After the Buyer confirms receipt of the product on the Website and the deal is finished, or after the deadline for submitting claims in accordance with clause 6.5. of this Agreement, the deal is considered completed.
8. TERMS OF INTELLECTUAL PROPERTY RIGHTS
8.1. All objects placed on the Website, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects, and their collections (hereinafter referred to as the "Content"), are subject to the exclusive rights of third parties and are placed solely for informational purposes. The User is obliged to know that the exclusive rights to these objects are protected.
8.2. The Website Administration is not responsible for the violation by the User of exclusive rights to intellectual property objects belonging to third parties.
9. GUARANTEES AND REPRESENTATIONS. RESPONSIBILITY
9.1. The Seller is responsible for its own actions in placing, negotiating, concluding, managing, and executing the orders for the provision of products and services in accordance with the current legislation of the Kyrgyz Republic. Violation of this Agreement and the current legislation of the Kyrgyz Republic entails civil, administrative and criminal liability.
9.2. The Website Administration provides a technical opportunity for the Seller to promote their services to an unlimited, interested circle of persons, does not control and is not responsible for the actions or omissions of any persons in relation to the use of the Website.
9.3. The Administration reserves the right at any time to change the design of the Website, its content, lists and services, to change or supplement the scripts, software and other objects used or stored on the Website, any server applications, as well as to close the website and suspend the website at any time with or without prior notice. At the same time, the Website Administration makes and will make all necessary efforts for the smooth operation of the website.
9.4. The Website Administration does not pre-moderate or censor User information and takes actions to protect the rights and interests of individuals and ensure compliance with the requirements of the legislation of the Kyrgyz Republic only after the interested person applies to the Website Administration in accordance with the established procedure.
9.5. The User is responsible for the damage caused to the Website Administration as a result of illegal actions (omissions), twice the amount of the actual damage caused. The User agrees that the damage also includes court decisions related to the User's use of the Website.
9.6. Any losses that the User may incur in the event of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, will not be reimbursed by the Website Administration.
9.7. Any data uploaded or otherwise obtained through third-party websites are created at the discretion of each User, and each User is solely responsible for any damage to the computer system or loss of data on this Website that may occur as a result of downloading any such data.
10. FINAL PROVISIONS
10.1. All possible disputes arising out of or related to this Agreement are subject to resolution in accordance with the current legislation of the Kyrgyz Republic.
10.2. The court's recognition of any provision of the Agreement as invalid or not enforceable does not invalidate other provisions of the Agreement.
10.3. Inaction on the part of the Website Administration in case of violation of Agreement provisions by any User does not deprive the Website Administration of the right to take appropriate actions later to protect their interests and copyright protected in accordance with the law, the content of the Website.
10.4. This User Agreement is a digital record; the material carrier is a file of this Agreement’s form.
The User confirms that he/she is familiar with all the clauses of this Agreement and accepts them unconditionally.