User Agreement

MOJO.az Service User Agreement

1. General Terms and Conditions

1.1. This Agreement sets forth the terms of use of the MOJO.az Service by Users.

1.2. For the purposes of this User Agreement, the following terms and definitions shall have the following meaning:

1.2.1. Service – an Internet resource (site) located on the Internet at MOJO.az, site extensions and other services based on various operating systems, as well as software, design (graphic design) of the site, extensions and other services, database, any section (subsection) of services, as well as information posted by the Administration and Users in the services.

1.2.2. Administration – MOJO LIMITED LIABILITY COMPANY, registered and operating under the laws of the Republic of Azerbaijan, located at: AZ1149, Baku, Khatai district, Neapol street, 8B, administers the Service and holds exclusive property rights to the Service.

1.2.3. User – any person with legal authority who has accepted the terms of the agreement and uses the Services.

1.2.4. Personal account – a set of information and settings determined (posted) by the User in the User environment. Each User has the right to have only one Personal Account.

1.2.5. User`s personal information – information about the User or a set of information that the User provides voluntarily upon registration or in the process of using the Service, including personal data about the User, information automatically transferred to the Administration in the process of using the Service, including the IP address, cookie information, information about the User`s browser and other information about the User.

1.2.6. Information – any information posted on the Service by the User or the Administration.

1.2.7. Spam – mass, unauthorized and/or unexpected advertising, information, advertising or other mailings and other mailings to recipients.

1.2.8. Goods – products, works, services, material and technical resources, civil and non-civil rights.

1.2.9. The parties to this Agreement are the Administration and the User.

1.3. Any terms and concepts used in this User Agreement and not defined in the “Terms and Definitions” section shall be interpreted in accordance with the meaning resulting from the text of the User Agreement. In the event of a disagreement regarding the interpretation of a term or definition used in the User Agreement, the interpretation determined by the Administration shall apply.

1.4. The use of the Service and its materials is governed by the applicable law, as well as this Agreement.

1.5. This Agreement is a public offer.

1.6. By using the Services, the User agrees to comply with this Agreement and accepts its terms and obligations to comply with its instructions for using the Services.

1.7. Even if the Company uses the Service on behalf of the Company, the Company accepts this Agreement and its terms.

1.8. The Administration has the right to unilaterally change the terms of this Agreement at any time.

1.9. If the User does not agree with the terms of this Agreement or the changes made to it, he is obliged to refuse access to Service and stop using the Service.

1.10. The Administration hereby offers Users services for posting and searching for ads using the Service.

1.11. The provision of individual services may be regulated by special rules or agreements.

1.12. The User accepts the provision that all materials and services of the Service or any part thereof may be accompanied by advertising. The User agrees that the Administration bears no responsibility and has no obligations in connection with such advertising.

1.13. Registration on the Service is voluntary. Upon registration on the Service, the User gains access to additional services of the Service. The Administration reserves the right to request confirmation of the information provided by the User upon registration at any time and provide supporting documents.

1.14. The User undertakes to keep their password secret. The User is responsible for actions taken using their email address and password, as well as for actions taken in the User`s Personal Account. The User has the right to use the Services only using their personal email address and password. If the User has reason to suspect unauthorized access to his/her Personal Account, the User undertakes to freely change his/her password.

1.15. The Administration has the right to use special technical solutions to verify the accuracy of the information provided by Users during registration and/or authorization.

1.16. The Administration cannot guarantee that the User is really who he/she claims to be, or that the information provided by the User during registration on the Service is correct.

1.17. The User is recommended to interact with potential counterparties using all tools available on the Service.

1.18. The Administration reserves the right, at its own discretion, to terminate access to the services of a User who violates the terms of this Agreement.

1.19. In case of violation by the User of the rights of other persons or applicable law, as well as for other reasons, the Service has the right to restrict or terminate the User`s access to the Service at its own discretion.

1.20. A User whose access to the services has been suspended or whose data is invalid does not have the right to re-register without special permission from the Administration. Such a User also does not have the right to use the registration information of another User to access the Service and its services.

2. Use of the service. Advertising

2.1. The Administration grants all registered Users the right to place advertisements on the Service after filling out a special form.

2.2. The User agrees not to take actions that may be considered a violation of the law or international law, including in the field of intellectual property, copyright and related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Service.

2.3. All contracts for the supply of goods, performance of work and provision of services are concluded directly between the Users. The Service Administration is not a party or intermediary in agreements concluded by Users through the Service, does not control such agreements and does not bear responsibility for them.

2.4. Comments and other entries by the User on the Service must not violate the requirements of the law.

2.5. The User is warned that the Administration is not responsible for his access to and use of external resources, links to which may be contained in the Service. The Administration shall not be held liable for the content of advertisements, links to other resources and other information specified in the description of advertisements.

2.6. In order for the Administration to obtain the right to publish advertisements, data and information provided by the User, the User grants the Administration the right to use, distribute, publish, collect, process, display, copy, reproduce and reproduce data, images, photographs, video and audio materials, databases, publications, copyrights and intellectual property rights, as well as any other information on all known or unknown media, valid everywhere, for a period, irrevocable, non-exclusive right. The above rights are granted to the Administration free of charge. The User grants all Users of the Service the right to access the information posted by him. In addition, the User owns any intellectual property rights to the materials posted by him on the Service.

2.7. The Service shall not be liable for the violation of the rights of third parties in connection with the provision of any information and data by the User.

2.8. The User of the Service undertakes to post advertisements in accordance with the instructions of the Service, as well as to provide reliable and complete information about the Goods and the terms of their sale. The User is obliged to check the information about the Product specified in the advertisement and, if incorrect or incomplete information is discovered, correct or supplement the necessary information in the advertisement.

2.9. By placing an advertisement with a Product, the User confirms that he/she has the right to perform the actions specified in the advertisement in relation to such Product.

2.10. The User confirms that he/she has all necessary rights, licenses, permits or the corresponding written consent of third parties to use the names, images or other objects of third parties, including all patents, trademarks, trade secrets, intellectual property rights, information and data in advertisements on the Service.
When placing an advertisement that includes offers of services subject to licensing, the text of the advertisement must indicate the license number and the name of the licensing authority.

2.11. The Service has the right to request from the User additional information about the posted Product or documentation confirming the information provided by the User. The Service reserves the right to postpone publication until such documentation or information is provided.

2.12. The User has the right to sell any Products owned by him/her on the Service, provided that this does not require special permissions, and also in compliance with the applicable rules of use.

2.13. In order to maintain the high quality of the Services, the Service reserves the right to limit the number of active User ads on the Service, as well as limit the User`s actions on the Service.

2.14. The description of the Product provided by the User in the Advertisement constitutes the terms of sale of this Product.

2.15. The terms of delivery must be specified in the advertisement and attached to the description of the Product.

2.16. The terms of service or terms of sale and description of the goods specified in the advertisement, as well as other terms of the advertisement, must not contradict the legislation in force at the time of posting the advertisement, and this Agreement. If any term of the advertisement becomes or is recognized as not in compliance with the legislation or this Agreement as a result of changes in the applicable legislation or this Agreement, such terms or such advertisement must be supplemented or changed by the User in such a way as to eliminate any inconsistencies. If it is impossible to make the appropriate changes, such advertisement must be deleted by the User. In the event of the events specified in this paragraph, the Administration reserves the right to edit or delete such advertisements without prior notice to the User.

2.17. The Service prohibits advertising of Goods and Services that violates current legislation, contradicts generally accepted standards of morality, is offensive or inappropriate, or violates the rights of third parties. The User is obliged to guarantee that the offer of the Product does not violate applicable law and the terms of this Agreement.

2.18. The use of paid services on the Service does not guarantee that the advertisement will not be blocked by the Administration in the event of a violation of this Agreement. In case of violation of the rules for placing advertisements, the funds for paid services will not be returned.

2.19. It is prohibited to include in the advertisement links to pages of sites containing offers for sale, use or other information about goods and services.

2.20. The User undertakes not to support the services provided and not to distribute information about:

2.20.1. other trading platforms, online auctions and online stores;

2.20.2. Other services offering the same or lesser volume of goods and services as those provided on the Service;

2.20.3. Other services offering goods and services prohibited for sale on the Service.

2.21. The User undertakes not to use automatic programs to gain access to the Service without the written permission of the Administration. The use of computer programs that allow advertising to be placed bypassing the normal procedure for placing advertising is prohibited without the written permission of the Administration.

2.22. In addition, the User undertakes to:

2.22.1. Not take any actions that may cause a significant load on the Service infrastructure;

2.22.2. Not copy, reproduce, modify, distribute or make publicly available any information contained in the Service without the written permission of the Administration;

2.22.3. Not interfere with the operation of the Service, including by interfering with the operation of automated systems or processes, in order to prevent or restrict access to the Service;

2.23. The User is prohibited from providing information that violates this Agreement or the rights of third parties. The data (information) provided by the User and the User`s actions on the Server:

2.23.1. must not be false, inaccurate or misleading;

2.23.2. must not contain offensive language;

2.23.3. must not commit fraud, deception or abuse of trust;

2.23.4. must not lead to transactions involving theft or counterfeit goods;

2.23.5. must not violate or infringe on the property of third parties, their trade secrets or their right to privacy;

2.23.6. must not contain information that may offend anyone`s honor, dignity or business reputation;

2.23.7. must not contain personal or identifying information about other persons without their express consent;

2.23.8. must not contain slander or threats against anyone;

2.23.9. must not encourage the commission of a crime, or incite ethnic hatred;

2.23.10. must not provoke, support or encourage terrorist and extremist activity;

2.23.11. must not be immoral or pornographic;

2.23.12. must not contain computer viruses or other computer programs aimed at causing damage, unauthorized access or secretly taking over or appropriating any system or the system itself, or part thereof, or personal data or other information (including Service data);

2.23.13. must not cause harm to minors;

2.23.14. must not contain information about services that are considered immoral, including, but not limited to, prostitution or other forms that are contrary to moral standards or the law;

2.23.15. must not contain links and information about sites that compete with the company`s services;

2.23.16. must not contain information containing unwanted or misleading commercial advertising;

2.23.17. must not contain materials that do not offer specific goods or services and are solely of an advertising nature;

2.23.18. must not violate the intellectual property rights of third parties, the citizen`s right to an image and other rights of third parties;

2.23.19. must not must not commit any other violations of applicable law.

2.24. The User is prohibited from posting advertisements on the Service, concluding or executing agreements using the services of the Service that may entail a violation of applicable law by the Service or its User.

2.25. The Administration has the right to advertise Products advertised on the Service in a manner other than that specified by the User when advertising such Products.

2.26. The Administration has the right to change the location, suspend, terminate or extend the period of display of any advertisement for reasons dependent or independent of the Service.

2.28. The Administration has the right to suspend the display of any advertisement at any time for reasons that violate the rules set forth in this Agreement, as well as for reasons that violate the rights of other Users or violate applicable law, as well as for other reasons. The Administration also has the right to block or delete the account of the relevant User for violating the rules specified in this Agreement.

2.29. The Administration has the right to edit advertisements, move them to other sections, and perform any other actions with Users` advertisements.

2.30. The Administration has the right to refuse to place (publish) an advertisement without giving reasons.

2.31. The requirements for the design of the advertisement are set out in the "Rules" section of the rules for publishing advertisements on the Service.

2.32. In accordance with applicable law, the User bears full and exclusive responsibility for the content of advertisements (or other information posted by the User on the Service).

3. Paid Services

3.1. Users can order Paid Services on the Service.

3.2. Information on the types, features and cost of paid services, as well as the rules for ordering paid services can be provided by the Administration in the "Paid Services" section, as well as by the contact information provided in the Service.

3.3. A Service User who has paid for the Service has the right to contact the Administration with a request for a refund. The decision to return or refuse to return funds is made by the Administration unilaterally.

3.4. The Administration shall refund funds paid for services not rendered in the following cases:

3.4.1. if the service was not rendered due to technical reasons that arose during the operation of the Service;

3.4.2. In other individual cases, by decision of the Administration.

3.5. The Administration has the right to refuse the User a refund in the following cases:

3.5.1. The User systematically violates the terms of this Agreement.

3.5.2. In case of service activation, as well as in cases where the ad was deleted after moderation.

3.5.3. The User posted advertising of prohibited goods, services or offers.

3.5.4. In case of problems with the payment system. The Service is not responsible for the operation of payment systems through which Users pay for the Service. The issue of refunding funds in this case is resolved on an individual basis.

3.5.5. In other cases, at the discretion of the Administration.

3.6. The procedure for refunding funds is determined by the Administration and the User in each specific case. The returned funds will be transferred to the user`s account within 30 days.

3.7. In appropriate cases, the collection and processing of the User`s personal data (including information about the User`s bank accounts, their bank (payment) cards) will be governed not by this Privacy Policy, but by the privacy policy of the relevant payment systems. Information about the User`s bank accounts, bank (payment) cards and other financial information at the disposal of the User, banks and payment systems (except for the information specified in the User Agreement of the Service and this Privacy Policy) is not collected, stored or otherwise processed by the Service.

4. Communication

4.1. The Administration has the right to send emails and/or short messages (SMS messages) to the email addresses or phone numbers specified by Users.

4.2. Service messages may be published on the Service.

4.3. In addition, the User understands, accepts and agrees that such emails and messages may contain, but are not limited to: offers, proposals and other information and/or advertising messages and other messages from other Users regarding the conclusion of an agreement. The User understands, accepts and agrees that such messages and/or their individual parts may be of an advertising nature and may also contain advertising, information and other announcements.

4.4. Messages published on the Service are considered delivered to the User from the moment of their publication.

4.5. The Administration is not responsible for the use by other Users and/or sending of messages on the Service by automated systems (robots) posted on the form.

4.6. The Administration is not responsible for the use by other Users and/or their robots of phone numbers and email addresses posted by the User on the pages of the Service.

4.7. The User confirms that the Administration has the right to provide email addresses and phone numbers to third parties for the purpose of sending letters and messages to Users.

4.8. Correspondence of the User with the Administration or the Service moderators is carried out using the e-mail address specified in the Service.

4.9. The User is prohibited from posting any comments, discussions or other messages on the Service (including, but not limited to, offensive messages) regarding the actions of the Moderators and the Administration. Otherwise, the Service Administration has the right to block or delete the account of such User.

4.10. The User may at any time opt out of receiving messages to their phone number or e-mail address by sending a corresponding request.

5. Intellectual property

5.1. The set of programs, data, trademarks, copyright objects and other objects used in the Service are considered the intellectual property of their legal owners and are protected by intellectual property laws, as well as relevant international legal treaties and conventions.

5.2. The Administration is the exclusive owner of the domain name on which the site is located, the site itself, mobile applications, as well as the entire Service and all software of the Service.

5.3. When downloading the software, the Administration provides the User with a personal free standard license to use the software, without the right to transfer it to third parties.

5.4. Based on the functions of the Service, such a license is intended to provide the User with the opportunity to use the services of the Service and receive benefits from them, in the manner exceptions.

5.5. It is prohibited to copy, modify, distribute, sell (implement), exchange or lease, in whole or in part, the intellectual property of the Administration Service (including software), as well as to "hack" the software or obtain its source code, without the written consent of the Administration. Except for cases provided for in this Agreement, any use of elements, symbols, texts, graphic images and other objects included in the Service and belonging to the Service, without the permission of the Administration or other legal copyright holder is illegal and may entail prosecution and civil, administrative and criminal liability of persons who committed the violation, in accordance with the law.

6. Limitation of Liability

6.1. All information (including personal data) provided by the User on the Service is posted by the User for the purpose of selling (realizing) their Product.

6.2. The User posts the specified or other information about themselves solely in their own interests, including to simplify contact with the User and/or for the purpose of identifying the User.

6.3. By posting information about themselves, the User understands and agrees that such information is posted on the Service in the public domain, that is, it is available for review by any client or User of the Service.

6.4. The User is aware of and accepts all risks associated with such posting of information, including, but not limited to: the risk of including the email address in spam mailing lists, the risk of using the email address by various types of fraudsters, the risk of use of the phone number by SMS spammers and/or SMS scammers, as well as other risks arising from such posting of information.

6.5. The Service is not the organizer, intermediary, buyer or seller of agreements regarding the Products.

6.6. The Service is not liable for any damage, lost profits, income, financial losses or indirect, actual, incidental or punitive damages arising from the conclusion and execution (implementation) of agreements by Users of the Service, as well as for any illegal actions of any person.

6.7. By using the services of the Service, the User confirms his agreement that he uses the Service at his own risk and bears all risks associated with the use of advertising posted on the Service.

6.8. The Service is a tool that allows Users to post advertisements for Products, the sale and/or purchase of which is permitted by law, this Agreement and other rules for using the Service.

6.9. The Service does not always check the advertisements posted by Users, and therefore the quality, safety, legality and conformity of the Product to its description, as well as the seller’s ability to sell the Product and the buyer to purchase it, are beyond the control of the Service.

6.10. The Service cannot control the accuracy of the information posted by Users in advertisements.

6.11. The Service, its Administration, management and employees do not bear any responsibility for the content of advertisements posted on the Service, as well as for their accuracy.

6.12. The Administration, its management and employees do not bear responsibility for the content of any messages (including those received by Users to their mailbox and/or mobile phone), as well as for any other use of the Users’ contact information.

6.13. The User understands that the fact of posting an advertisement on The Service does not guarantee that the offer, sale and/or purchase of any Product is genuine and legal. The User freely decides on the implementation of the Agreement.

6.14. The total liability of the Service for any claims is limited to the amount paid by the User for the use of the Service services or (at the discretion of the Service) the repeated provision of these services to the User, to the extent permitted by law.

6.15. The User agrees that all disputes between the User and other Users and/or clients of the Service (including those arising from the execution of agreements) are resolved by the User independently, without involving the Administration.

6.16. The Administration is not responsible for third parties accessing the Service without the consent (permission) and/or knowledge of the Administration and/or for any information about Users (including personal data).

6.17. The User agrees that the Administration is not responsible and has no direct or indirect obligations to the User in connection with any the content of the Service and/or possible or incurred losses or damages as a result of contracts concluded by the User, registration of copyrights and information about such registration, goods or services posted on the Service, or other relations that the User enters into using information posted on the Service.

6.18. The Administration shall not be liable for possible failures in the operation of the software, failures and other technical and software failures that may be transmitted to the Service or transmitted by third parties through the Service, as well as for errors, software viruses, etc. The Administration shall not be liable.

6.19. The User undertakes to act exclusively in accordance with the current legislation and this Agreement, and to bear full responsibility for their personal actions and inactions on the Service and when using the Service in accordance with the law.

6.20. In the event of a violation of the User`s rights by another User of the Service (illegal use of intellectual property, etc.), the User whose rights have been violated may file a complaint with the Administration or moderators. The Administration will review the complaint and, if the complaint is justified, the Administration has the right to take measures to prevent the violation of the User`s rights.

7. Duration of the Agreement

7.1. This Agreement shall enter into force from the moment the User begins using the Service and is valid indefinitely, regardless of the fact of the User`s registration or the placement of advertising on the Service.

7.2. The User has the right to unilaterally cancel their registration on the Service without prior notice to the Administration and without explanation.

7.3. Termination of the Agreement concluded with the User, at the initiative of the Administration, may occur in the following cases:

7.3.1. Violation by the User of the terms of this Agreement, resulting in damage to the Service or the Administration, as well as its reputation or other users of the Service;

7.3.2. Commission of other actions contrary to the Policy Service;

7.4. The Service reserves the right to terminate the User`s use of the Services at its sole discretion. A User whose use of the Services has been suspended or whose information has become invalid does not have the right to re-register, and such a User does not have the right to use the account data of another User to access the Service. Restoration of legal relations is possible only after the Administration makes a corresponding decision.

8. Amendments to the Agreement

8.1. In order to improve the quality of services provided by the Administration on the Service, as well as in order to comply with legal requirements and respond to changing market conditions, the Administration has the right to unilaterally make changes and additions to this Agreement. Unless otherwise provided by the new version of the Agreement or other additional documents prepared by the Administration, the new version of the Agreement shall enter into force from the moment it is posted on the Internet.

8.2. If the User does not agree with the changes made to the Agreement, he/she is obliged to refuse access to the Service and stop using the Service.

9. Other conditions

9.1. In the event of disputes, the parties to this Agreement undertake to resolve them through negotiations. Disputes arising during the execution of this Agreement and the provision of Services shall be resolved in accordance with applicable law.

9.2. The legislation of the Republic of Azerbaijan shall apply to all disputes.

9.3. The Service has the right to unilaterally change this Agreement without notifying Users. The new version of the Agreement shall enter into force from the moment of its publication in the Service.

9.4. Nothing in the Agreement may be understood or interpreted as establishing between the User and the Administration an agency relationship, a partnership relationship, a joint venture relationship, a personal employment relationship, or any other relationship not expressly provided for in the Agreement.

9.5. The recognition by the court of any provision of the Agreement as invalid or not subject to compulsory execution shall not entail the invalidity of other provisions of the Agreement.

9.6. The inaction of the Administration in the event of a violation by any User of the provisions of the Agreement does not deprive the Administration of the right to subsequently initiate actions appropriate to the protection of his interests and rights.

9.7. All other conditions not provided for in this Agreement shall be regulated separately.

The User confirms that he has read all the clauses of this Agreement and accepts them unconditionally and in full.