Terms of use
1. General Provisions
1.1 . The vnedrah.com portal is a combination of a trading platform and a bulletin board designed for subsoil users to access goods and services of sellers or suppliers registered on this portal.
1.2 . In this User Agreement, terms are used with the following meanings:
“Vnedrah” – Limited Liability Partnership “Vnedrah”.
Portal – an Internet portal (website) located on the Internet at the address: vnedrah.com
Personal Account – a section of the Portal in which the Services provided are managed. Access to the Seller’s Personal Account (section of the Portal “Company Account”) is obtained after completing the registration procedure on the Portal.
Services – advertising services that allow Sellers to publish advertising information: contact information, information about Product Items offered by Sellers, other information about the Seller on the Portal. To receive these services, you must register and create a Personal Account on the Portal.
Additional services - other services, the list and cost of which are posted in the Site Services section on the Main page of the site, and provided to Users under the terms of the Offer Agreement for the provision of services
Service Packages – packages of advertising Services provided by Vnedra. Each of the packages contains a set of various “Vnedrakh” Services; the cost and description of tariffs are published in the Services section of the site located in the footer of the site.
Advertising services – services for placing advertisements on the Internet, the list and cost of which are posted in the “Site Services and Tariffs” section located in the footer of the site.
Users – all visitors to the Portal, incl. representatives, Sellers, Buyers, random visitors and third parties.
Verification – (identification of the Portal User) – a set of measures to establish information about the Portal User, namely: verification of the User, which is carried out by entering into the appropriate field on the verification page a special code sent by “Vnedra” via SMS messages or instant messengers to the number specified by the User when registering, placing an order, writing a review and otherwise posting information materials and messages on the Portal. In this case, one mobile phone number and (or) one set of other identification data can be used to register no more than one User Account on the Portal.
Content - protected results of intellectual activity that are posted by the User on the Portal, including, but not limited to: the name and description of Product Items, photographs, characteristics of the product/service, advertising materials, information about the Seller or User, reviews, etc.
Privacy Policy – terms of working with confidential information on the Portal, which is an integral part of this Agreement and is located in the footer of the site.
Account - a set of data about the User stored on the Portal, necessary for his identification, as well as the User’s electronic account (account) in the functional system of the Portal, which has a unique ID with which the User can manage his Services
Rules for the design of product items and reviews on the Portal - requirements for the design of Content and rules for posting reviews on the Portal, which are an integral part of this Agreement and are posted in the “Rules for using the portal” section located in the footer of the site.
In case of violation of these Rules by the User, Vnedrah has the right to deny such User access to the Portal and provision of Services.
Services - a set of services that are provided to Users on the Portal in accordance with this Agreement and the Offer Agreement for the provision of services, on a paid or free basis, including, but not limited to, services for registering Users on the Portal, creating an Account, domain registration name vhedrah.com, access to the portal section “Company Account” and/or “Buyer Account”, additional and advertising services, display of the Seller’s Product Items in the vhedrah.com catalog, as well as a set of actions related to providing Buyers and Visitors with the opportunity to choose and ordering goods/services of the Seller, etc.
Agreement – User Agreement, which defines the terms of useuse of the Portal, as well as mutual rights and obligations of all participants
Product items – goods and services, advertising information about which is posted by Sellers on the Portal.
1.3. The moment of concluding this Agreement is considered the moment of any interaction between the User and the Portal. By this, Users confirm their agreement with all, without exception, the terms of this User Agreement, and the Portal provides them with a personal, non-exclusive, inalienable, limited right to enter and use the Portal, as well as the Services on the terms set out in this Agreement.
1.4. Any user interaction with the Portal (including, but not limited to, registration on the Portal, Verification, transfer by the User of funds to Vnedrah as an advance payment for the Services and/or actual use of the Services) means the User’s unconditional consent to all clauses of this Agreement (including its annexes), unconditional acceptance of its terms and conditions with the obligation to comply with the obligations imposed on the User arising from this Agreement. Such interaction with the Portal is a complete and unconditional acceptance of this Agreement, ignorance of which does not relieve the User from responsibility for failure to comply with its terms.
1.5. The user agreement may be changed by Vnedrakh without prior notice. The current version of the User Agreement is available in the footer of the site. The User's continued use of the Portal (any further interaction with the Portal) means his consent to the changes in the Agreement.
1.6. If the User does not agree with any terms of this Agreement and/or does not agree to comply with the terms of this Agreement (or the new version of the Agreement), he does not have the right to use the capabilities/Services of the Portal and is obliged to stop using the Portal and leave it.
1.7. In addition to the text of this Agreement, the procedure for providing Services and using the Portal is also determined by the Privacy Policy, User Agreement, Rules for posting information on the portal, Site Services and tariffs, which are an integral part of this Agreement.
1.8. “Vnedrakh” has the right at any time to refuse registration and/or use of the Portal to any User in case of violation of the terms of this Agreement.
2. Description of services
2.1. “Vnedrah” provides services that allow Users to register and create Accounts on the Portal, place Product Items, get acquainted with Sellers’ offers and make purchases.
2.2. After registering on the Portal, the Seller gains access to the “Company Account” section of the Portal, which is assigned a unique ID number and in which he can publish information about himself: contact information, information about Goods and services, and other information about it.
2.2.1. After registering on the Portal as a Seller, the User has the opportunity to use the Services and functionality of the Portal.
2.2.2. Paid services are provided on the Portal under the terms of the Offer Agreement for the provision of services. The owner of the Site (Seller) independently fills the Site and/or the corresponding sections of the “Company Account” with information, he is the initiator of the transfer of information, has the ability to change its content and select the recipient.
2.3. After registering on the Portal, the Buyer gains access to the Portal as a buyer, which stores information about him, order history, other information and with the help of which he can place orders, chat, etc., without re-filling his data.
2.4. Any User, using the Services on the Portal, can leave their reviews about other Users, while complying with the Rules for posting information on the portal.
2.5. “Vnedrakh” is not a party to an electronic transaction between the Seller and the Buyer, the subject of which are goods and services, advertising information about which is posted by the Sellers on their Website/page. “Vnedrah” is not a party to such agreements, but only provides an information and advertising trading platform for posting information about various goods and services. “Vnedrah” is not responsible for the content of information transmitted or received and for damage caused as a result of Users using the Portal.
3. Rights and obligations of Vnedrah
3.1. “Vnedrah” undertakes to provide the opportunityreceipt by the User of the Services in the manner prescribed by this Agreement.
3.2. “Vnedrah” reserves the right, at its sole discretion, to change or delete any information that is published by Users on the Portal, to suspend, limit or terminate the User’s access to the Portal Services at any time and without explanation. “Vnedrakh” has the right to establish any restrictions on the use of the Services by Users.
3.3. “Vnedrakh” has the right to place advertising and/or other information in any section of the Portal without the consent of the User.
3.4. If the User violates the terms of this Agreement (together with its integral parts), Vnedrah has the right to suspend, limit or terminate such User’s access to any of the Services unilaterally at any time. At the same time, Vnedrah is not responsible for any damage that may be caused to the User by such actions.
3.5. “Vnedrah” has the right to send messages (commercial offers) to Users, including electronic messages to the addresses of the email provided by the User, SMS messages or messages via instant messengers sent via the instant messaging service to the mobile phone numbers provided by the User, containing organizational information technical, informational, marketing and other information about the capabilities of the Services on the Portal, the activities of Vnedra or its partners. The user may at any time refuse to further receive such messages.
3.6. “Vnedrakh” undertakes not to use the User’s data received during registration for purposes not provided for in this Agreement and its annexes, and guarantees non-disclosure of this data, except in cases where the disclosure of such information is the responsibility of “Vnedrakh” by virtue of the legislation of the Republic of Kazakhstan.
3.7. “Vnedrah” undertakes to provide the User with the opportunity to receive consultations from the Portal support service if the User provides identification data. The scope of consultations is limited to specific issues related to the provision of the Services. Vnedrah may, at its discretion, require the User to submit a support request via email from the address specified by the User during registration and/or specified in his Account.
3.8. “Vnedrakh” has the right to moderate all Content for compliance with the requirements of this Agreement, the Rules for posting information on the Portal, the Rules for publishing reviews and the legislation of the Republic of Kazakhstan, and in case of identified violations, at any time at its discretion, remove such information from the Portal without giving reasons.
3.9. Vnedrah has the right to refuse to provide Services to the Seller if this Seller violates the Rules for Posting Information on the Portal, as well as if, after sending him two warnings to Vnedrah, he again published information prohibited from posting on the Site. Refusal by Vnedrah to provide the Services may entail unilateral termination of the Agreement between Vnedrah and the Seller.
3.10. In the event that “Vnedrakh” receives information about the illegal activities of Users and/or establishes facts or finds out circumstances that indicate that the activities of Users have signs of illegal, in order to ensure the safety of Users and the operation of the Portal, as well as in order to prevent and stop fraudulent activities on the Portal, has the right to unilaterally suspend, limit or terminate such User’s access to any of the Portal services at any time. which may entail unilateral termination of the contract between Vnedrakh and the Seller.
3.11. In order to prevent and suppress illegal actions on the Portal, Vnedrah has the right to apply the restrictions specified in paragraphs. 3.9.-3.10 of the Agreement, in case of detection of actions on the part of Users, which, in the opinion of Vnedra, have signs of illegal, fraudulent and/or unfair competition or are intended to receive undue benefit from the actions of the Portal and/or the Site, namely:
- sending illegal commercial offers, requests and threats to other Users via chat or message, as well as through comments on orders;
- falsification of payment documents in order to receive goods without payment;
- placing five or more orders of similar content from one User and/or with the same contact information within 24 hours or ife orders are systemic in nature;
- placing orders for quantities of goods unusual for this category;
- writing false, dishonest reviews on the Portal or Site.
4. Rights and obligations of the User
4.1. During registration and/or filling out the order form, he must provide truthful, accurate and complete information about himself on the questions that are proposed in the registration form and in the forms of the Portal sections “Company Account”, “Buyer Account” and keep this information up to date, which corresponds to reality.
4.2. If false or incomplete information is provided, Vnedrah has the right to suspend or cancel the User’s registration and stop providing the Services to him.
4.3. The User undertakes to use the Portal/Site only for legal purposes, to comply with the legislation of the Republic of Kazakhstan, as well as the rights and legitimate interests of Vnedrah. The User is not allowed to post on the Portal/Site messages and materials containing information, the distribution of which is prohibited by the legislation of the Republic of Kazakhstan.
4.4. The User has no right to take actions that affect the normal operation of the Portal and constitute its unfair use.
4.5. The User undertakes not to carry out actions aimed at gaining access to someone else’s personal account/Account by selecting a login and password, hacking or other actions.
4.6. The user does not have the right to transfer, assign, sell, transfer for use, etc. your login and password for access to the Portal and Services, as well as rights to the Site, to third parties without the consent of Vnedrah. If the login and password or rights to the Site are transferred to a third party, the User bears all responsibility for the actions of such third party after that.
4.7. If the Site Owner wishes to transfer the rights to the Site to another person (hereinafter also referred to as the New Owner), he is obliged to send a written message about this to Vnedra.
4.8. In the event of a security breach or unauthorized use of the User's Account, he must immediately notify Vnedra. “Vnedrakh” is not responsible for any losses caused by unauthorized use of the User’s Account and/or Website. The User may not use the password and Account/Site of another User without the express permission and consent of the owner of that Account/Site and/or password. Vnedrah is not responsible for any loss or damage arising from the User's failure to comply with these obligations.
4.9. The User undertakes not to use, independently or with the involvement of third parties, the capabilities of the Portal for purposes that may be qualified as a violation of the rights of third parties to intellectual property, unfair competition, or other violation of the legislation of the Republic of Kazakhstan.
4.10. Sellers guarantee that they have all rights to use the materials and Content posted by them on the Portal and Sites, incl. intellectual property rights.
4.11. Users may not create, send, transmit, post or publish any information on the Portal/Site about products and/or services that they do not have the right to sell, advertise or provide in accordance with the legislation of the Republic of Kazakhstan. If, in accordance with the law, the sale and/or advertising of certain goods and/or services is prohibited, the User will independently bear full responsibility for compliance with such legislation when posting such information on the Portal/Site.
4.12. Users may not misrepresent the nature of their relationship with the Portal and pretend that they are acting on behalf of the Portal without the consent of Vnedrakh.
4.13. Users of the Portal undertake not to allow expressions and statements in a rude, offensive form, to show aggression and to use profanity in their statements (both oral and written) to other Users, “Vnedra” and representatives of the Portal. If a complaint is received or the above actions are recorded by Vnedra, such User is issued a warning. If there is a recorded violation two or more times, Vnedrah has the right to restrict such User’s access to the Portal.
4.14. The Portal user has the right to unilaterally terminate the User Agreement at any time.cancellation by refusing to use the Services.
5. Content requirements and responsibility.
5.1. Publication of Content on the Portal and on the Sites must be carried out in full compliance with the requirements of the legislation of the Republic of Kazakhstan, the provisions of this Agreement and the Rules for using the portal.
5.2. The Seller’s offer for the sale of goods/services (Product Item), which is published by him on the Portal/Site, must contain all provisions provided for by the legislation of the Republic of Kazakhstan (in particular, but not exclusively the Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV “On the Protection of Rights consumers" and the Internal Trade Rules, approved by order of the Acting Minister of National Economy of the Republic of Kazakhstan dated March 27, 2015 No. 264) information on Goods and services for consumers.
5.3. “Vnedrah” does not carry out mandatory verification of information and Content that is posted by Users on the Portal and on the Sites, and is not responsible for the compliance of such information with the legislation of the Republic of Kazakhstan.
5.4. “Vnedrakh” is not responsible for errors, inaccuracies, omissions that were made during registration or placement of information by the User, as well as any material or intangible losses arising in connection with this (including lost profits).
5.5 . “Vnedrah” is not responsible for the use (both lawful and unlawful) by third parties of information posted on the Portal, including its reproduction and distribution, carried out both within the Portal and in other possible ways.
5.6. “Vnedrakh” reserves the right to unilaterally delete Content posted by Users upon request from copyright holders or competent government bodies, as well as in the event that the posted Content violates the rights (including intellectual property rights) of third parties or does not comply in the opinion “Inside” the principles of public morality.
“Vnedrakh” also has the right to demand from the User supporting documents for the posted Content.
5.7. In the event that, in connection with the placement by the User of Content and/or any information, advertising materials, and/or the content of advertising materials (compliance of advertising content with legal requirements) and/or the quality of goods/services that are advertised, claims, disputes, the application of penalties with parties of third parties and/or regulatory authorities or by a court decision, such User undertakes to consider and resolve these issues independently without the involvement of “Vnedrakh”, and also undertakes to compensate “Vnedrakh” in full for losses, expenses, including penalties caused by his violation of the conditions present agreement.
5.8. All information posted by Users on the Portal/Site is considered the property of the Users who posted it. Such Users bear all responsibility for the compliance of such information (Content). Users of the Portal do not receive any rights to use information posted by other Users and bear full responsibility to the owner of the information for its unlawful use.
6. Requirements for the quality of customer service
6.1. All Sellers are obliged to fulfill their obligations to Buyers in good faith, in particular, Sellers undertake to:
6.1.1. timely, but no later than within 24 hours, process orders and requests from Buyers regarding the Seller’s goods/services, information about which is posted on the Portal;
6.1.2. promptly inform Buyers about the absence of the ordered goods or the impossibility of delivering them within the timeframe agreed upon by the parties, with the obligatory indication of the reasons and clarification of the deadlines for fulfilling their obligations to the Buyer;
6.1.3. timely (no later than 7 days) consider and give a reasoned response to complaints, claims and proposals received from Buyers related to the Seller’s activities on the Portal. Promptly interact with “Vnedra” in such cases, at the same time inform “Vnedra” about the results of consideration of such requests, as well as follow recommendations for improving the quality of service, etc.
6.1.4. Sellers are obliged, at the request of the Buyer, within 14 (fourteen) calendar days, unless a longer period is announced by the Seller, not counting the day of purchase, to exchange a non-food product of proper quality, if it has not been used, its presentation, consumer properties, etc.lombs, labels, as well as a document confirming the fact of purchase of the goods, for a similar product of a different size, shape, dimension, style, color, configuration, etc., or for another product by agreement of the parties, making the necessary recalculation with the Seller in case of a difference in price. If the Seller does not have the goods required for exchange, the Buyer has the right to return the purchased goods to the Seller and receive the amount of money paid for it. The list of non-food products of good quality that are not subject to exchange is provided in paragraphs. 1. clause 1. art. 30 of the Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV “On the protection of consumer rights.”
6.1.5. provide Buyers with a document confirming the purchase of goods/services. Such a document can be an electronic document, receipt, sales or cash receipt, ticket, coupon or other document. The document must necessarily contain information on the procedure for exchange (return) of goods, the name of the seller, the procedure for considering claims, warranty conditions, and other conditions determined by the legislation of the Republic of Kazakhstan.
6.1.6. post reliable and complete information on the Portal/Site about the product (including its description and photo). Information about product availability and price must be up to date at all times. The Buyer has the right to demand, and the Seller is obliged to sell him the goods at the price indicated by the Seller on the Site/Portal in accordance with the provisions of the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV “On the Protection of Consumer Rights”.
6.2. In case of violation by the Seller of the requirements set out in this section of the Agreement, as well as in the presence of a large number of complaints from Buyers unresolved by the Seller, frequent cancellations of orders, refusal to sell goods to the Buyer at the price stated on the Site/Portal, an increase in the number of negative reviews from Buyers and Users, » reserves the right to fully or partially restrict access to information about the Seller’s products on the Portal/Site until the Seller eliminates violations, or delete the Content posted by the Seller or terminate the Seller’s Account and access to the Portal Services and/or refuse to provide services to the Seller, because by its actions, the Seller harms the business reputation of the Portal and Vnedra.
7. Responsibility. Limitation of Liability.
7.1. “Vnedrah” is not responsible for any errors, omissions, interruptions, defects and delays in the processing or transmission of data, failures in communication lines, destruction of any equipment, unauthorized access of third parties to the Portal/Site, which caused the restriction of the User’s access to the Services. Vnedrah is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts for technical reasons, for the normal functioning and availability of certain segments of the Internet and networks of telecommunication operators involved in the User’s access to the Services.
7.2. Services on the Portal are provided “as is”. “Vnedrakh” does not guarantee the unconditional preservation of the User Account and the information posted by the User on the Portal/Site.
7.3. “Vnedrah” is not responsible for the compliance of the entire Service or its parts with the User’s expectations, the error-free and uninterrupted provision of the Services, the termination of the User’s access to the Services, as well as for the safety of the User’s login and password that provide access to the Services for reasons related to technical hardware failures or Portal software, and does not reimburse the User for any related losses.
7.4. If the Users violate the terms of this Agreement, Vnedrah reserves the right to restrict the User’s access to the Portal Services on a temporary basis, and in the event of gross and/or repeated violations of the terms of this Agreement, to deny access to the Services and the provision of services on an ongoing basis.
7.5. “Vnedrah” is not responsible to the User for restricting access to the Services, for terminating access to the Services, if these restrictions and terminations arose as a result of force majeure circumstances that arose after the conclusion of this Agreement and the occurrence of which the Parties could not influence, including, but not limited to , the following: war, riots, strikes, sabotage, embargo, fires, floods, natural disasters, deterioration of the radio-electronic or radiological situation, explosions, acts of state bodies and/or local governments, introductione changes to the legislation of the Republic of Kazakhstan, accidents on public networks, changes in the conditions of access to line-cable communications, etc.
7.6. “Vnedrah” is not liable to the User or any third parties for any direct and/or indirect losses, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with his use of the Services, or the inability to use it or unauthorized access to the User's communications of third parties.
7.7. Vnedrah is not responsible for any damage to the User’s or another person’s electronic devices, any other equipment or software caused by or related to the User’s use of the Services.
7.8. Vnedrah is not responsible to Users or other third parties for:
7.8.1. content and legality, reliability and completeness of information (Content) provided/received by the User when using the Services;
7.8.2. the quality of goods/services sold by Sellers on the Portal/Site, their delivery on time;
7.8.3. compliance of goods/services purchased through the Portal/Site with the expectations and/or requirements of the Buyer;
7.8.4. fulfillment by Sellers of their obligations to deliver to Buyers goods/services purchased through the Portal/Site, their return or replacement, refund in case of termination of the contract, etc.;
7.8.5. fulfillment of warranty obligations by Sellers to Buyers for goods/services purchased through the Portal/Site;
7.8.6. compliance of the activities carried out by the Seller for the sale of goods/provision of services with the requirements of the legislation of the Republic of Kazakhstan;
7.8.7. fulfillment by Buyers of their obligations to pay for goods/services ordered from Sellers.
7.9. In the event that third parties, including other Users, make claims against the Portal Provider related to the User’s use of the Portal Services, such User undertakes, on his own and at his own expense, to settle such claims with third parties, protecting Vnedrah from possible losses and proceedings, or act on the side of “Vnedra” in such proceedings, as well as reimburse losses to “Vnedra” (including legal costs) caused to it in connection with claims and lawsuits related to the placement of materials, Content and/or the activities of the User on the Portal/Site.
7.10. Vnedrah will not be liable for any damage or loss incurred directly or indirectly by Buyers or Sellers as a result of the Sellers’ activities on the Portal/Site. “Vnedrakh” under no circumstances shall be liable to Users or third parties for any indirect damages, including lost profits.
7.11. “Vnedrah” does not control the quality and timing of delivery by Sellers of goods/services offered by them by posting relevant information on the Portal/Site. As a result, the User accepts the condition that all goods and services offered through the Portal/Site by Sellers are provided by them under their own responsibility and the sale of such goods/provision of services is in no way related to the activities of the Portal. The Buyer assumes full responsibility and risk for receiving goods and services offered by Sellers by posting relevant information on the Portal/Site. The Seller assumes full responsibility and risks for payment by Buyers for goods purchased/services provided by Sellers.
7.12. “Vnedrakh” reserves the right to delete or block access to information posted by the User without warning in the following cases:
7.12.1.receiving binding decisions (instructions) of the competent government bodies of the Republic of Kazakhstan;
7.12.2. statements of demands from owners of intellectual property rights, including, but not limited to, copyright or related rights, rights to trademarks and service marks, inventions, utility models, industrial designs, etc., to stop violations of his rights by the User on the Portal/Site;
7.12.3. other violation of the rights or legitimate interests of other users of the Portal, legal entities and individuals upon their motivated request (including in case of violations of consumer rights);
7.12.4. identifying information that is prohibited from posting on the Site or does not comply with the requirements of this Agreement (together with applications);
7.12.5. identifying information aboutThe Seller, indicating dishonest use of the Portal, provision by the User of false information, carrying out activities in violation of the requirements of the legislation of the Republic of Kazakhstan.
7.13. “Vnedrah” has the right to delete or transfer to another User the domain name assigned to the User of the free service package if this name has not been used for 6 (six) months or more (no visits, no logins to the personal account).
8. Intellectual property
8.1. The set of programs, data, trademarks, copyrights, and other objects used on the Portal in the provision of Services is the intellectual property of its legal right holders and is protected by the legislation on intellectual property of the Republic of Kazakhstan, as well as relevant international treaties and conventions. Any use of elements, symbols, texts, graphics, programs and other objects that are part of the Service and belonging to the Portal, except as permitted in this Agreement, without the permission of “Vnedrakh” or another legal copyright holder is illegal and may give rise to legal proceedings and the prosecution of violators to civil, administrative and criminal liability in accordance with the legislation of the Republic of Kazakhstan.