- General Provisions. General information about the internet service daglobaltrading.com
Internet services – services offered on the website www.mascus.ru (hereinafter – Mascus), in Russia, are operated under the license of KOMEK MACHINERY Limited Liability Company (“KOMEK”) (KOMEK and / or its licensor, hereinafter referred to as “DAGlobalTrading”) (hereinafter referred to as “Internet Services”). By using and / or registering on Mascus, the user agrees to the terms set out below. In this regard, the user undertakes to carefully read them.
1.1. The Internet service is a public Internet site on the www.mascus.ru domain for posting advertisements for the sale of special machinery, equipment, spare parts and vehicles. Advertisements can be placed by both manufacturers and professional sellers of equipment, and individuals. LLC “KOMEK MACHINERY” (TIN 6674167078), which has all the necessary rights in relation to the Internet service, including the right to use the domain name of the Internet service, and administering the Internet service.
The purpose of the Internet service is to publish on the Internet offers for the sale of commercial vehicles, machinery and equipment. The contract of sale (supply) of commercial vehicles, machinery and equipment put up for sale using the Internet service (hereinafter referred to as the “Object”) is always drawn up and concluded between the seller and the buyer directly. Mascus does not participate in any way in any transaction or sales contract. A detailed description of the Object is provided by the seller. Mascus is not responsible for the information specified in the ad.
Access to the Internet service, use of the Internet service and / or performing any other actions on the Internet service by the User means that the User accepts and undertakes to comply with all the terms of this Offer without reservations and exceptions. Registration of the User in the Internet service is possible only upon additional confirmation by the User of the acceptance of this Offer. If the User does not agree with the terms of the Offer, then he must immediately stop using the Internet service.
1.2. User – a person who has passed the registration procedure in the Internet service. For the purposes of this Agreement, the User also means a person who has not passed the Registration Procedure, but who accesses the Internet service and / or uses and / or has used it.
1.3. Services – advertising services, services for providing access to information, as well as information and technical services provided by KOMEC to the User
1.4. Registration is the process of creating a User Account on the Internet service.
1.5. Authorization is the process of identifying a registered User by entering the User’s login and password to gain access to the User’s Account, closed sections and extended functionality of the Internet service.
1.6. Information – any information posted by the User on the Internet service, including: advertisements for the sale of special equipment and vehicles, spare parts and accessories, the User’s personal data, links to other sites, any text messages, photographs (images).
1.7. User’s personal information – any information that the User provides about himself / herself when registering (creating a User account) or in the process of using the Internet service, including the User’s personal data, as well as information that is automatically transmitted to the administration of the Internet service in the process of using the Internet. service using the software installed on the User’s device, including the IP address, information from the cookie, information about the User’s browser, geolocation data of the User’s devices, data on the User’s actions on the Internet service, as well as other data about the User.
1.8. The purpose of posting ads on Mascus is for informational purposes only. Mascus assumes that the sellers of the equipment using the Internet service are careful and act in good faith, but cannot guarantee that the information provided by them is not inaccurate and / or accurate. Before purchasing an Object, information about the sale of which is posted on the Internet service, the buyer is obliged to independently or with the help of third parties check all the data that may affect the decision to purchase the Object.
- User registration in the Internet service
2.1. A person who wants to register as a User of the Internet service enters his data in a special form and confirms his agreement with the conditions that were offered to the person prior to the beginning of the registration procedure as a User (via a hyperlink). Mascus saves the entered data for the next use of the Service. Anyone who registers as a User must be at least 18 years old.
2.2. By accepting the terms of the Internet service, the User confirms that the information provided by him is accurate and agrees to immediately notify Mascus by e-mail email@example.com if the data changes. Mascus reserves the right to refuse registration without giving any reason. Mascus may terminate the rights of the User if the information provided is insufficient or inaccurate, or if the User has not notified the Internet service of the changes. In addition, Mascus may deny the User the right to use the Services and cancel his account if the User acts contrary to the terms of this Offer.
2.3. To use the Service, the User needs a username (login) and a password, which must be protected from unauthorized access. The User is responsible for keeping the username and password secret. The user of the Service must immediately notify Mascus by email at firstname.lastname@example.org if a third party has gained access to the username or password. Until the receipt of the message, the User is responsible for the use of Internet services with his username and password, even if the use of the service was not authorized by the User.
- Personal information of the User
3.1. When processing the User’s Personal Information, Mascus undertakes to take all reasonable organizational and technical measures to protect the User’s Personal information from unauthorized access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties with it.
3.2. The User agrees that Mascus stores and takes other actions to process the User’s Personal Information for the following purposes:
3.2.1. Identification of the party under agreements and contracts with Mascus;
3.2.2. Providing the User with personalized services;
3.2.3. Communication with the User, including sending notifications, requests and information regarding the use of the Internet service, the provision of services, as well as processing requests and applications from the User;
3.2.4. Improving the quality of the Internet service, ease of use, development of new services and services;
3.2.5. Conducting statistical and other studies based on anonymized data;
3.2.6. Compilation of a database of Internet Service Users;
3.3. By posting his Personal Information on the Internet, the User confirms that he is doing this voluntarily, and that he voluntarily provides this information to Mascus.
3.4. The User undertakes not to post personal information of other persons on the Internet service, as well as not to use the personal information of other Users in any way that does not comply with the requirements of the legislation of the Russian Federation, in order to obtain benefits and for any other purposes that do not correspond to the goals of creating an Internet service and of this Public Offer.
3.5. The user can at any time change (update, supplement) or delete the Personal information provided by him or a part of it, provided that the appropriate functionality of the Internet service is available.
3.6. Without prejudice to other provisions of the Public Offer, Mascus has the right to transfer the User’s Personal Information to third parties in the following cases:
3.6.1. The user has expressed his consent to such actions;
3.6.2. The transfer is necessary as part of the User’s use of the Internet service or to provide services to the User;
3.6.3. Such transfer is provided for by Russian or other applicable law within the framework of the procedure established by law;
3.6.4. Such a transfer takes place as part of the sale or other transfer of business (in whole or in part), while all obligations to comply with the terms of this Public Offer in relation to the User’s Personal Information received by him are transferred to the acquirer;
3.6.5. In order to ensure the possibility of protecting the rights and legitimate interests of Mascus or third parties in cases where the User violates the terms of this Public Offer;
3.6.6. Transfer between Mascus Affiliates. In this case, the recipient receives all obligations to comply with the terms of this Public Offer in relation to the User’s Personal Information received by him;
3.6.7. Transfer to partners such as site and application owners, advertising networks and other partners providing Mascus services related to the placement and display of advertisements on sites, programs, products or services that are owned or controlled by such partners;
3.6.8. Transmission to advertisers or other partners who display advertisements for the Users of the Internet service, as well as information service providers or consultants;
3.7. When processing the User’s personal data, KOMEK is guided by the Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ “On Personal Data”.
- Publishing an announcement
5.1. An advertisement that the User places or sends to Mascus is interpreted as a request to publish an advertisement on the Internet service. The user is obliged to indicate in which category of the site each ad should be published.
5.2. The user of the Internet service is responsible for the fact that he has the necessary rights and permissions for the content posted on Mascus. The Content must not violate intellectual property rights or other rights of other individuals or legal entities and must not contain statements or materials, the publication of which could entail liability for damage or liability to Mascus. The user is obliged to fully compensate for any damage caused by Mascus if the content does not comply with this provision.
5.3. If for any reason an ad is not suitable for publication, Mascus undertakes to contact the User by e-mail and / or by the User’s contact phone number. Mascus reserves the right to immediately, without prior notice to the User, remove any content posted by it on the Internet Service. An advertisement can only relate to one Object (a unit of special equipment, spare part or vehicle).
5.4. The user is responsible for ensuring that the ad contains correct data that provide sufficient information about the Object, its condition and other data that are important for the buyer in accordance with the legislation of the Russian Federation. The user undertakes to confirm the information about the price, warranty for equipment, vehicle, components and assemblies, as well as other information that he indicates in his ad. The user undertakes to remove the ad from sale on Mascus if the advertised Object has been sold.
5.5. Mascus has the right to edit, classify and copy all or part of the materials posted by the User, and freely use them in its activities.
5.6. Mascus cannot verify the accuracy of the information provided by users. Therefore, the User is solely responsible for any costs and damages arising from incorrect information provided to Mascus. Mascus reserves the right to suspend the publication of an ad at any time and for any period of time. No ad fee will be charged if the ad is canceled prior to publication for any reason.
5.7. Due to the fact that it takes time to index the data, and taking into account precautions, the content of the paid advertisement is hidden in the Internet service immediately after publication. Indexing intervals can vary based on server load. To ensure the safety of Users and visitors of the Mascus website, ads from individuals can be checked for fraud, inconsistency of the declared data with factual or illegal content. This verification can take up to 72 hours, during which time the ads are not visible on the Mascus web service.
5.8. KOMEK undertakes to return the payment to the User if the ad is not published. Payment will not be refunded if the advertisement was not published due to circumstances beyond Mascus’ control or for reasons that Mascus could not reasonably foresee or prevent.
- Payment and billing
6.1. The publication of ads on the Internet service is a paid service. The cost of publishing ads is set in accordance with the current price list and includes VAT (20%).
6.2. Payment for placing an advertisement is made by transferring funds to the KOMEK current account specified in the issued invoice agreement or by credit card on the Internet service website using acquiring. Ads are posted after full payment.
- Information about advertisements for the sale of special machinery, vehicles and equipment.
7.1. Mascus draws the attention of Users to the fact that data about machinery, vehicles, spare parts and equipment are transmitted to the Internet service from Users. Assessment of the condition of the Object is based on the opinion of the User and is subjective.
7.2. Condition data for used (not new) vehicle / machinery / equipment is not based on third party assessment. Mascus is not responsible for the accuracy of such information.
- Intellectual property rights
8.1. The user acknowledges that all intellectual property rights in websites, domains, subdomains, designs, text, content, images, logo, Mascus trademark, software, and other materials contained on the Internet service belong to Mascus. except for the content of the ads, and the User hereby expressly disclaims any rights with respect to such intellectual property.
8.2. Users are not allowed to distribute, publish, reproduce, make publicly available or commercially available, or otherwise use protected materials, unless explicitly authorized in writing by Mascus.
9.1. Mascus does not guarantee that the Internet service will function without errors, nor does it guarantee that the Internet service and its servers are free from computer viruses or malicious code. Mascus is not liable for damage caused by errors, computer viruses or other malicious code. If the use of the Service necessitates maintenance or replacement of equipment or User data, Mascus is not responsible for these costs. Mascus is not liable for any damage arising from the use of the Service or from a malfunction or malfunction of the Internet service.
9.2. If an error occurs during the provision of the Services due to the fault of Mascus, then Mascus may, at its discretion, correct the error or return the money to the User. Mascus is not liable for damage caused by the User or third parties, or damage that Mascus could not foresee.
9.3. The Internet Service pages contain links to websites published by third party service providers that are independent of Mascus. Although Mascus publishes links to these services, Mascus draws attention to the fact that these services are provided by their respective service providers and must be used under the terms and conditions specified by those providers. Mascus does not accept any responsibility for products or services provided by third parties.
9.4. In the event of a disputable situation, the burden of proving that the Information posted by the User does not violate anyone’s rights lies with such User.
9.5. The Internet service is not responsible, does not compensate and is not responsible for any losses, including lost profits, moral and other harm, caused to the User or third parties as a result of their use of the Internet service or in connection with the operation of the Internet service, including, for losses associated with the adoption of any decisions and actions based on the Information posted on the Internet service. A link to any site, product, service, any information posted on the Internet service by the User is not an endorsement or recommendation of these products (services, information) by the administration of the Internet service.
9.6. The User independently compensates for any losses (including lost profits, moral and other harm) incurred by other Users, third parties or the administration of the Internet service as a result of the User’s violation of the terms of this Offer, including as a result of posting Information on the Internet service, as well as as a result of other actions related to the use of the Internet service.
9.7. The User undertakes on his own and at his own expense to resolve all disputes and settle all claims and claims of third parties, instructions and requirements of the authorized state authorities, received both by the User and the administration of the Internet service in connection with the violation by the User of the terms of this Offer or in connection with the commission by the User of other illegal actions when using the Internet service, as well as reimburse all losses and expenses incurred by the administration of the Internet service in connection with such claims and claims.
9.8. The administration of the Internet service is not responsible for contracts between the Users and / or the User and any third parties concluded in connection with the use of the Internet service, including for the services of third parties that the User uses to pay for services provided by the administration of the Internet service (services mobile operators, services of electronic payment systems, etc.).
- Rights of Mascus
10.1. Mascus has the right, without prior notice, in whole or in part, to change, delete, add the content and functionality of the Internet service, as well as its operation time and technical parameters. Mascus has the right to temporarily suspend the provision of the Services in order to carry out maintenance or customization work, and Mascus shall not be liable for such suspension of the provision of the Services, infrastructure maintenance interruption or site changes.
- Changes to the terms of service provision
11.1 Mascus reserves the right to change the terms of the Service. The user will be informed of the changes in the terms at the time of login or by email. The changes take effect after the User logs in to the system or within 30 days after the changes are published on the pages of the Internet service, or by sending a notification by e-mail. Using the Internet service after changing the terms means acceptance of the new Terms, even if the Registration took place before the new terms took effect.
- Force majeure circumstances
12.1. Mascus is not liable for a breach of obligations if such breach is due to circumstances beyond its influence (for example, strike, lockout, data breach, fire, theft, flooding, sabotage, vandalism or any other similar unforeseen event), and obstacles that could not reasonably have been foreseen when drawing up this Offer, as well as consequences that could not be prevented.
- Terms of this Offer
13.1. The terms of this Offer come into force after their acceptance by the User of the Internet service or after his registration on the Internet service. Conditions are valid for an indefinite period of time. Mascus can always deny the User the right to use the Internet service if the User violates these terms or interferes with other Users.
14.1. Mascus has the right to use subcontractors at its option and discretion in the provision of the Services.
- Other provisions
15.1. This Offer is governed by the legislation of the Russian Federation. Issues not regulated by the Offer are subject to resolution in accordance with the legislation of the Russian Federation. All possible disputes arising from the relations regulated by the Offer are resolved in the manner prescribed by the current legislation of the Russian Federation, in accordance with the norms of Russian law. Any other dispute, controversy or claim arising out of or in connection with the Mascus Platform, this agreement or its breach, termination or validity, filed by or against the owner of the COMEC license, must be finally settled in accordance with the laws of the Netherlands in the courts of Amsterdam, Netherlands.
15.2. The User and Mascus will try to resolve any disputes and disagreements between them through negotiations. If it is not possible to resolve disputes and disagreements through negotiations, they are subject to consideration in the appropriate court at the location of Mascus. If, for one reason or another, one or more of the provisions of this Offer are found invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Offer.
15.3. The relations arising between the User and the Internet service within the framework of this Offer are not subject to consumer protection rules.
15.4. This Offer can be changed by the administration of the Internet service unilaterally. The new version of the Offer comes into force from the moment it is posted on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on the page at. In the event that the administration of the Internet service has made any changes to the text of the Offer, with which the User does not agree, he must stop using the Internet service. The English version of these Terms shall prevail in the event of a conflict with the Russian version.
- Details of the Internet service:
Limited Liability Company KOMEK MACHINERY, INN 6674167078, KPP 660850001.620024, Sverdlovsk Region, city. Yekaterinburg, Elizavetinskoe highway, house number 42, tel .: +7 (343) 227-42-52 Mascus hotline: +7 800 201-07-17