User Agreement of Foodbay.com
The present User Agreement regulates the relations between “Foodbay Trade” ( “Foodbay”) and an Internet user ( “User”) arising upon the use of the www.Foodbay.com web site (“Foodbay”), on the terms specified in the User Agreement.
The actions performed by the User and aimed at the use of Foodbay, including searching, viewing or placing advertisements, creating an account on the web site, sending messages through the contact form and other actions using the functionality of Foodbay constitute full and unconditional acceptance of the present offer of Foodbay concerning contract conclusion made to the User.
The User Agreement may be changed by Foodbay at any time without any special notification of the User. The new version of the User Agreement shall enter into force on the date of its posting on Foodbay, if Foodbay does not expressly state otherwise. Regular familiarization with the current version of the User Agreement is the responsibility of the User.
The use of Foodbay after new version of the User Agreement enters into force means that the User agrees with it and the provisions of the new edition are applied to him/her in full.
The current version of the present User Agreement is available at: http://foodbay.com/agreement.html
1. Terms and Definitions
The terms listed below in the present User Agreement have the following meaning:
Foodbay is “Foodbay Trade” Limited Liability Company, OGRN (Primary State Registration Number) -5177746382083
Foodbay and/or Web Site is an Internet resource that represents an accumulation of information and intellectual property (including computer programs, a database, interface graphical design (design), etc.) contained in the information system, the access to it being provided through various consumer devices connected to the Internet via special software for viewing web pages (browser) at the addresses www.Foodbay.com and m.Foodbay.com (including the domains of other levels related to these addresses) or via mobile applications.
User is a user of the Internet web sites, including Foodbay.
User Agreement is the present agreement, terms of placement of Advertisements and other regulations and documents covering the work of Foodbay or defining the arrangements for the use of the Services published on the Web Site.
Services include functional capabilities, maintenance activities, services, tools available to Users on Foodbay.
Mobile Application is software for portable (mobile) devices, either installed or uploaded by the Users to such devices with the use of a variety of software platforms aimed at the access to Foodbay.
Goods Item means any goods item, product, service, job offer or other offer, in respect of which the user places an Advertisement on Foodbay.
Advertisement is any informative message containing an offer concerning a Goods Item (including contact information, photos, and any related information) placed on Foodbay by the User and addressed to the general public.
Seller is the User placing an Advertisement with an offer to conclude a transaction in relation to Goods on Foodbay.
Buyer is the User viewing the Advertisement of the Seller, interacting with the Seller in respect of the Goods Item and/or closing a transaction with the Seller.
Registration Details mean a unique username (email address) and a password generated independently by the User in the course of creating his/her account on the Web Site or changed by the User in the future via his/her Personal Account, used to access his/her Personal Account after the User is logged in on Foodbay.
Personal Account is Personal User’s section on Foodbay associated with the User’s account on the Web Site where the user can manage separate Foodbay Services, including their order, connection/disconnection, on the conditions offered by Foodbay.
Registration is a set of User’s actions in accordance with the instructions specified on Foodbay, including the provision of Registration Details and other information, performed by the User via the special form of the Foodbay user interface in order to create a Personal Account and gain access to the separate Services of Foodbay.
Information means any materials and information provided by the Foodbay User in connection with the use of Foodbay.
2. General Provisions. Access to the Web Site Services
2.1. According to the terms of the present User Agreement, Foodbay offers the User to use the Services available on Foodbay, including placement, search and viewing of Advertisements and other Services offered on the Web Site. Additional terms, conditions and restrictions may be established in relation to the use of separate Foodbay Services. Foodbay may at any time revise or change the terms of rendering the Services, supplement, modify, restrict, extend functional capabilities of the Web Site and/or of the Services, including the terms of the User’s access to the Services or separate functional capabilities of the Web Site.
2.2. Services are provided to the User for free, unless specifically stated otherwise.
2.3. Provision of separate services may be regulated by specific rules and/or agreements being an integral part of the present User Agreement, including the Terms of Advertisements Placement, other terms and rules, individual agreements, drawn up in writing and signed by Foodbay and the User. In case of contradiction to or inconsistency with the text of the present User Agreement and specific rules and/or agreements, the latter are to be applied.
2.4. Foodbay Web Site is a platform allowing Sellers to place offers addressed to the general public in relation to transactions closure and concerning the Goods that Seller is entitled to dispose of (make offers) independently and on their own risk, and allowing Buyers to accept the offers placed by the Sellers on the Web Site, closing the relevant transactions with the Sellers, at their sole discretion and on their own responsibility.
Foodbay is not a transaction maker, buyer, seller, intermediary, agent or representative of any User and/or other interested person in regard to the transactions offered/closed between Users. All transactions closed between Users by virtue of placing Advertisements on the Web Site are closed and executed without direct or indirect participation of Foodbay.
2.5. Regardless of the fact of Registration or authorization of the User on the Web Site, the use of the Web Site, including viewing the information posted on the Site, designates the agreement of the User with the present User Agreement and his/her assumption of the obligations to follow the instructions on the use of the Services, as well as assumption of the responsibility for the actions associated with the use of the Web Site.
2.6. By accessing Foodbay and thereby concluding the present User Agreement, the User warrants that it has all the rights and powers necessary for the conclusion and execution of the User Agreement, including being an adult and fully capable person, or a minor person announced in full capable by the decision of an authorized body (emancipation) or a minor person over fourteen years of age who received a written permission in the form required by law from his/her parents or other legal representatives for conclusion of the User agreement. Foodbay may at any time require the User to provide information and documents confirming his/her rights and powers, as stated above.
2.7. Services available on Foodbay may at any time change, be supplemented, updated, change the form and nature of functional capabilities without prior notification of the User, due to this fact their use is offered in “as is” mode, i.e., in the form and to the extent that they are provided by Foodbay at the moment when the Users start using the Services. Foodbay is entitled, if necessary, in its sole discretion, to terminate (permanently or temporarily) the provision of the Services (or of any separate functions within the Services) to all Users as a whole or to a separate User in particular, without any prior notification.
3. Registration on the Web Site
3.1. The User has the right to place Advertisements, as well as to use separate Services after his/her registration on Foodbay.
3.2. Upon Registration the User indicates the Registration Details chosen by himself/herself. After the data for the Registration are entered, the user receives an e-mail containing an active hyperlink with a click-through needed to confirm the Registration to the email address indicated during Registration. Registration of an account is linked to one User’s email address and only once. Re-registration of a new account on the Web Site with the use of the e-mail address previously indicated during Registration is not allowed. The User can change his/her Registration Details in his/her Personal Account on the Web Site.
3.3. The User is obliged to monitor the safety of his/her Registration Details and not to disclose them to third parties. The User must not transfer his/her Registration Details to third parties, as well as directly or indirectly allow third parties to use his/her Registration Details for logging in on Foodbay, except for the persons acting on behalf and in the interests of the User or those who receive such Registration Details on the basis of the appropriate agreements with the User.
3.4. Any action committed from the User’s Personal Account with the use of his/her Registration Details is deemed to be the action committed by the User himself/herself or a person authorized by him/her and assigns the obligations and responsibilities to the User in respect of such actions, including the responsibility for the breach of the present User Agreement, violation of legislation requirements in respect of the Goods Item with the information about it placed on Foodbay by the User.
3.5. The User is obliged to immediately change the Registration Details, if he/she has reasons to suspect that these data have been disclosed or can be used by unauthorized third parties.
3.6. Foodbay is entitled to use the available technical solutions to verify the accuracy of the information provided by the User during his/her use of Foodbay. Foodbay cannot guarantee that the User really is who he/she appears and that the information provided by the User on Foodbay corresponds to the facts. Foodbay encourages Users to communicate with potential counterparties, Sellers and Buyers, using all the tools available on Foodbay, and be discreet and cautious during transactions closure and the choice of the Seller.
3.7. Foodbay is entitled to block the User's access to the Personal Account with the simultaneous termination of the placement and display of his/her Advertisements or without it. Foodbay is at any time entitled to stop and/or limit the User’s access to the Services, as well as block or delete the User's account on the Web Site without the possibility of its restoration.
3.8. Viewing of Advertisements and other publicly available information posted on Foodbay does not require registration and/or authorization of the User, but by committing such actions the User is in any case obliged to comply with the User Agreement.
4. Information Provided by the User
4.1. Within the frame of use of Foodbay the User is obliged to provide only reliable Information and is responsible for the information provided by him/her. The User undertakes to promptly update the Information by editing it on Foodbay. Foodbay is entitled to request, and the User is obliged to provide his/her documents and information needed to determine the User as a party of the User Agreement and/or party using the relevant Service by such a request, as well as documents confirming the accuracy of any Information provided and the legitimacy of the use/offer of the Goods Item and/or connection of the User with the Goods Item indicated in the Advertisement.
4.2. In the course of using the Services of Foodbay (including during Registration, interaction with other Users through the Foodbay interface, Advertisements placement, viewing Foodbay web pages, etc.), the User independently and voluntarily decides to provide personal and other information about the User (surname, first name, patronymic name or nickname of the User, email address, mobile phone number, as well as any other information provided by the User, including that contained in the messages sent to other Users via the feedback form of the Foodbay interface, the information on User’s actions on Foodbay, etc.) to Foodbay or place it in the public domain for the purpose of execution of the User Agreement and also hereby expresses his/her consent to processing of personal and other User’s data by Foodbay and its affiliated persons, their transfer (including cross-border transfer to the territories of foreign states, providing adequate protection of the rights of personal data subjects) for their processing by other Users and/or third parties acting on behalf of Foodbay, including for the following purposes: providing consulting support to Users in connection with use of the Web Site, verification of Advertisements for compliance with the User Agreement, delivery of messages to other Users, obtaining statistical and analytical data for improvement of the functioning of Foodbay and/or Services, expanding the range of the Services provided, receiving information and/or advertising messages from Foodbay or third parties, prevention or interruption of illegal and/or unauthorized activities of Users or third parties, ensuring compliance with the requirements of the current legislation of the Russian Federation. Foodbay shall take all necessary measures to protect User’s personal data from unauthorized access by third parties.
4.3. All information (regardless of whether the legislation of the Russian Federation deems such information to be personal or other information subject to protection in accordance with the legislation of the Russian Federation, or not) posted by the User on Foodbay is posted by him/her for the sale of the User’s property and/or services and/or in other User’s interests and, accordingly, the User places some or other personal information solely in his/her own interests, including for facilitation of communication establishment with the User.
By placing Advertisements on Foodbay the User makes information contained in the Advertisement public and understands that the information posted is published on Foodbay in the public domain, which means it is available to any visitor of Foodbay (the general public) in all countries of the world where it is possible to use Internet and access the Web Site, correspondingly the User understands and assumes all risks associated with such placement of information, including, but not limited to: the risk that the e-mail address will be included into the spamming lists, the risk of obtaining the e-mail address mail by various kinds of fraudsters, the risk of obtaining the telephone number by SMS-spammers and/or SMS-fraudsters and other risks arising out of such information placement.
4.4. Foodbay is not obliged to carry out preliminary verification of Information of any kind placed and/or distributed by the User via Foodbay. Foodbay is entitled at its sole discretion to refuse the User in placement and/or distribution of any Information by him/her or to remove any Information placed by the User on Foodbay. The User acknowledges and agrees that he/she should independently assess all risks associated with the placement and distribution of any Information, including the assessment of reliability, completeness, or usefulness of such Information.
4.5. Foodbay does not give advice on the issues not related to Foodbay and requiring professional assessment and/or falling without the competence of Foodbay.
4.6. The User’s applications to Foodbay on the issues related to the use of Foodbay are considered in the order provided by the Web Site. Interaction of Foodbay with the User within the framework of consideration of the User’s application is carried out with the use of the email address indicated by the User.
4.7. Foodbay has a right not to consider the following User’s applications: those that do not contain any information or documents required for the consideration of the application; containing false information and (or) documents without signs of authenticity; concerning the issues that were answered by Foodbay to the User (repeated applications); containing insults, threats or appeals set out in a sharp negative way; sent with the violation of other terms and the procedure for applications consideration provided by Foodbay.
5. User’s Obligations
5.1. The User is obliged to act only in accordance with applicable legislation and the User Agreement of Foodbay, as well as bear full responsibility for his/her own actions and inactivity on Foodbay and in the use of the Services in accordance with the legislation of the Russian Federation.
5.2. Foodbay Services available to the User may be used only for the purposes for which such services were meant by Foodbay. The User is prohibited to use the Services, as well as any information obtained on the Web Site for the purposes other than intended.
By the decision taken at the sole discretion of Foodbay, blocking of Advertisements and/or accounts on the Web Site may be temporary or permanent, depending on the volume and quantity of violations of the present User Agreement and other rules for the use of the Web Site established by Foodbay that have been committed by the User. In case of elimination of the committed violations by the User Foodbay has the right to restore the previously blocked Advertisements or User’s access to his/her account on the Web Site.
5.3. User agrees not to use automatic and other programs for gaining access to Foodbay without written permission of Foodbay. It is also not permitted to use, distribute, copy, and/or extract any material or information (including Advertisements, texts of Goods Items Description, photos, etc.) from Foodbay by manual or automatic methods (using software) without the permission of Foodbay.
5.4. The use of computer programs for viewing or placing Advertisements on Foodbay, bypassing the usual order of Advertisements placement (for example, the use of programs for automated uploading of Advertisements), in the absence of written permission of Foodbay, is strictly prohibited and may result in termination and/or suspension of publication of the Advertisement, blocking of the access to the Personal Account and/or to Foodbay.
5.5. The User also assumes the following obligations:
5.6. In order to interrupt or prevent the violation of the User Agreement and/or incurring damage on Foodbay (e.g., DDoS-attacks and other hacker attacks, the use of software tools not authorized by Foodbay, including for placement of Advertisements etc.), Foodbay is entitled to restrict the access of Users or third parties to Foodbay by blocking of the access of the respective ip-address or a range of ip-addresses to Foodbay.
5.7. For the purposes of accessing certain Services on Foodbay the User can use the unique identifiers provided to him/her (sets of characters): identifiers of the User, his/her account on the Web Site, Advertisements, Goods Items and so on.
5.8. By accessing Foodbay, the User expresses his/her agreement to receive advertising information placed on Foodbay by third parties. The User understands and agrees that Foodbay does not define the content and is not responsible for such information, including web sites, links to which can be contained in the relevant materials.
5.9. Foodbay User agrees not to use any information provided by any other Users, without the written permission of the person who posted such Information, or without confirmation of his/her right to use such Information by any other way. All information about other Users received by the User in connection with the use of Foodbay can only be used for closure and execution of transactions in respect of Goods. Thus, the User is prohibited to use email addresses and/or phone numbers of other Users for the purposes of direct e-mail marketing or other unwanted e-mail marketing, as well as other illegal actions or acts committed without the knowledge and/or consent of the other party.
In order to facilitate the interaction between Users, Services involve limited access to some of the contact information of other Users. The right to use the Information provided by other Users is limited by the present User Agreement.
5.10. If the User has claims to another User in connection with the use of Services by the latter and/or placement of his/her Advertisements, the User is obliged to submit these requirements to whom it may concern (the Seller) and resolve the claims independently and without the participation of Foodbay.
5.11. The User understands and accepts that Foodbay does not always verify the information published on Foodbay. Some of the Information contained in the Advertisements may seem offensive, dangerous, incorrect or misleading. Foodbay recommends the Users to be cautious and to rely on common sense when using the information on Foodbay. The User must take it into consideration that his/her counterparty may adopt a false identity, be a minor, post misleading information, etc. The use of Services implies that the User is aware of and accepts these risks, as well as agrees that Foodbay is not responsible for the acts or inactivity of other Users.
5.12. The User undertakes to be diligent in selecting a counterparty, take decisions about transactions on his/her own responsibility, based on the fact of placement of the Advertisement on Foodbay, independently proving that the offer, sale and/or purchase of any Goods Item in the Advertisement on Foodbay is valid and legal.
6. Information Exchange in Using the Web Site
6.1. The messages on Foodbay meant for Users are published by Foodbay for public coverage and/or sent individually to the email addresses provided by the Users during Registration or placement of Advertisements on the Web Site. At that, the User understands, accepts and agrees that the messages sent to him/her and/or their separate parts may be promotional in nature and may contain advertising, information and other messages of Foodbay’s counterparties. The messages posted on Foodbay are deemed delivered to the User upon their publication.
6.2. Users’ messages meant for Foodbay are sent by the methods offered by Foodbay, including a feedback form for applications on the Web Site.
6.3. Users’ messages to Sellers may be sent through a specially offered form of communication with the Seller, upon its use a message is sent to the e-mail address of the Seller provided during Registration or Advertisement placement.
6.4. By accessing Foodbay the User agrees that Foodbay and the administrator of www.foodbay.com web site where Advertisements may be published can send e-mails and/or short messages (SMS) to Users to the email address or phone number indicated by him/her on Foodbay, respectively, and as follows, including, but not limited to: Users’ messages in respect of Goods Items and/or Advertisements, including offers for transactions closure received from other Users, offers and messages containing other information and/or of promotional nature sent by Foodbay or partner companies of Foodbay, as well as transfer e-mail addresses and phone numbers to third parties for the purpose of sending the specified messages.
7. Warrantees and Responsibility
7.1. The User is responsible for the actions committed on the Web Site, in accordance with the current legislation of the Russian Federation, including responsibility for the content of the information posted and the violation of the rights of third parties in respect of Goods and/or information posted on the Web Site.
7.2. The User is responsible for the transactions offered in relation to Goods and closed in connection with those and the resulting consequences of the transactions, for the choice of counterparties for transactions and the resulting consequences of the transactions. All transactions in relation to Goods are concluded between the Users directly. Foodbay is not a party and/or intermediary of the transactions made by the Users based on the information obtained on Foodbay, does not control and is not responsible for such transactions.
7.3. Foodbay is a tool that gives its Users an opportunity to place Advertisements in respect of Goods with their sale and/or purchase being permitted by law and the User Agreement. At the same time, Foodbay does not always verify the Advertisements posted by Users. Thus, the quality, safety, legitimacy of the Goods Item and its compliance with its description, as well as the opportunity of the Seller to sell and/or the Buyer to purchase the Goods Item are out of control of Foodbay. In this connection, Foodbay is not responsible for the content of the information provided by Users, including the content of Advertisements, the use of trademarks, logos of third parties and the conditions of the Seller’s offer.
7.4. Foodbay is not responsible for the loss of information by the User, as well as for distortion of information or loss of a message received with the use of the forms of communication on the Web Site.
7.5. Taking into account the principles of construction and operation of the Internet network, Services are provided on “as is” basis, which means that Foodbay does not provide any warranties with respect to the Services, in particular, Foodbay does not guarantee that:
7.6. The User agrees that Foodbay is not responsible for any damages incurred on the User in connection with the adoption of measures to interrupt or prevent violations on Foodbay related to restriction/blocking of the Users’ access to the Web Site, as well as the ip-addresses, in accordance with the item 5.6 of the present User Agreement.
7.7. The User accepts and agrees that the possibility of sending messages to Users through a form on the Web Site provided by Foodbay may be used by any third party for the purposes other than closing a transaction with the User without any influence and control of Foodbay. In this regard, Foodbay is not responsible for the use of the form for sending messages to Users placed on Foodbay by other Users and/or automated systems (robots), as well as for the use of the phone numbers posted by Users on Foodbay pages by other Users and/or automated systems (robots).
7.8. During the use of the form of communication of Buyers with the Sellera on the Web Site Foodbay cannot guarantee delivery of such Buyer’s message and the correctness of the email address specified by the Seller himself/herself.
7.9. Foodbay is not responsible for any failure to perform or any trouble in the performance of its obligations due to force majeure circumstances, the consequences of which cannot be avoided or overcome.
7.10. Foodbay is not in any way connected with any information provided by the User, including the content of the Advertisements provided and/or posted by the Users on Foodbay, and is not obliged to verify the content, authenticity and security of such information or its components, as well as its compliance with applicable legislation and the presence of Users’ required volume of rights to its distribution and/or use.
7.11. Information posted by Users may contain links to web sites on the Internet (third party web sites). These third parties and the content of their websites, as well as any third-party information are not verified by Foodbay for compliance with some or other requirements (accuracy, completeness, legitimacy, etc.). Foodbay is not responsible for any information, materials posted on the web sites of third parties to which the User has access in connection with the use of Foodbay, as well as for the availability of such web sites or information, and the consequences of their use by the User.
8. Intellectual Rights
8.1. Foodbay is the owner of the exclusive rights to Foodbay and Mobile Applications, including, but not limited to the domain name, logo placed on the Web Site, Foodbay trademark, databases, all technical solutions that make it possible to use the Web Site. Users or other persons are not entitled to use Foodbay, Mobile Applications and Services in the ways not stipulated by the present User Agreement without the prior written permission of Foodbay, including extracting Information in any form in the ways not stipulated by the present User Agreement. Exclusive rights to the results of intellectual activity included into the Information provided by the Users belong to respective Users and copyright holders.
8.2. For the purposes of execution of the present User Agreement, holding competitions, promotional events, announcing and informing the Users and other similar events, exercising the legal rights and interests of Foodbay and ensuring of the functioning of Foodbay, the User provides Foodbay with the throughout perpetual right to use the Information (including photos, texts of Goods Description, trademarks, logos, etc.) in any way, at all known or unknown information media, for the entire duration of the exclusive right, as well as to transfer such right to third parties. The User permits the use of the materials as a part of Information without indication of the author’s name and also guarantees that the Information provided does not violate any third party rights, including exclusive rights.
9. Duration of the User Agreement
9.1. This Agreement shall enter into force from the moment when the User begins to use Foodbay Services, regardless of the fact of the User’s Registration or his/her placement of an Advertisement on Foodbay, and remain in force without limit of time.
9.2. The User has the right to terminate access to his/her Personal Account without the possibility of recovery of such access. In this case the User is not entitled to carry out Re-registration, including with the use of the email address indicated previously as part of Registration Details on Foodbay by the specified User.
Foodbay reserves the right, in its sole discretion, to terminate the access of the User violating the present User Agreement and the terms of any of the Services, other rules covering the functioning of Foodbay, to the Services as a whole and in part, including, to terminate or suspend the User’s access to his/her Personal Account. The Users whose access to the Services has been terminated, or whose information ceased to be valid, are not entitled to create new accounts on the Web Site again (including with the use of the email addresses indicated previously on Foodbay by the Users) without special permission of Foodbay. The User has no right to use another User’s Registration Details for access to Foodbay
10. Transfer of Rights
10.1. Foodbay is entitled to, and the User hereby gives his consent to this, transfer its rights and/or obligations under the present User Agreement, in whole or in part, to a third party.
10.2. In the case of transfer of rights and/or obligations under the present User Agreement, in whole or in part, to a third party, the third party has the right to provide the same or similar Services at another web site.
11. Disputes and Applicable Law
11.1. In resolution of all disputes under the present User Agreement the legislation of the Russian Federation shall be applied.
11.2. Due to the gratuitous use of the Services provided to the User as part of the present User Agreement, the provisions of the Consumer Protection Legislation shall not apply to the relations between the User and Foodbay.
11.3. All disputes arising under the present Agreement shall be submitted for consideration to the court in accordance with the territorial jurisdiction at the place of location of Foodbay (Moscow).
11.4. If separate parts of the present User Agreement are declared null and void, this fact does not cancel other provisions of the present User Agreement.
Name: “Foodbay Trade”
INN (Taxpayer’s Individual Number): 7714421215
KPP (Registration Reason Code): 771401001
OGRN (Primary State Registration Number): 5177746382083
Bank: “Alfa-Bank” PJSC
Operating account: 40702810701300016085
Correspondent account: 30101810200000000593 BIC: 044525593
Legal address: Office 131, bld. 13, Hodynskyi blvd, Moscow 125252
Representative’s full name: Markaryan Valeriy Garikovich
Position: General Director (CEO)