Terms of Use of the Platform

Terms of Use of the Platform

(as amended on 22.04.2020)


1.               Terms and Definitions
Marketplace means Enex Limited Liability Company, INN 5835131764, OGRN 1195835004540, having its registered office and place of business at the address: Russia, 440028, Penza region, Penza, Tsiolkovskogo St., 12 A.
Platform means the Internet resource https://enex.market/, including all levels of this domain.
User means legal or competent natural person using the services of the Platform.
Manufacturer means a legal entity (individual entrepreneur), that is registered on the Platform and placed an offer on it to sell the Goods or placed the Information on the Goods for exhibition purposes.
Buyer means a legal entity (individual entrepreneur) or an individual who has purchased the Goods on the Platform or has the intention to purchase them.
Goods means commodities and materials, the information on which is presented on the Platform.
Order means the Buyer's request for purchase of the selected Goods, as well as a request for provision of services for the organization of delivery of the ordered Goods, made using the functionality of the Platform.
Information on the Goods means any information on the Goods posted by the Manufacturer on the Platform, including the name of the Goods, brand (model), information on the range, technical, functional, consumer characteristics of the Goods, the manufacturer of the Goods, the price of the Goods, discounts for the Product, marketing and other promotions held in relation to the Product.
Confidentiality Policy means a document defining the procedure and conditions for processing of the personal data of the Users by the Marketplace and posted on the Platform at: https://enex.market/en/data-protection/privacy-policy/.
Rules for Sale and Delivery means a document that determines the order and conditions of purchase of the Goods on the Platform, as well as the services for the organization of its delivery and posted on the Platform at: https://enex.market/en/data-protection/payment-policy/.


2.               General Provisions

2.1.            These Terms shall govern the relationship between the User and the Marketplace arising from the use of the Platform.

2.2.            By registering on the Platform, the User unconditionally agrees to these Terms, and also accepts the provisions of all other documents governing the use of the Platform: Confidentiality Policy, Rules for Sale and Delivery.

By agreeing to these documents, the User guarantees that he has read them and agrees to comply with them.

2.3.            The conclusion on the Platform of contracts for the sale of goods / services and the execution of any other actions in this regard is governed by applicable law, these Terms, as well as the Rules for sale and delivery.

2.4.            The functionality of the Platform shall be provided to the User free of charge, unless specifically stated otherwise. The provisions of the legislation on consumer protection shall not be applied to the relations of the Parties related to the provision of the functionality of the Platform free of charge.

2.5.            If the User disagrees with any of the provisions of these Terms, the Rules for Sale and Delivery, the Confidentiality Policy, the User should immediately stop using the Platform.

2.6.            The current version of the Terms is available on the Platform in the public domain.


3.               General Terms of Use of the Platform

3.1.            The Platform may be used on a personal computer, mobile phone, tablet or other device suitable for the correct use of the Platform. The Platform may be used on an unlimited number of the User's devices.

3.2.            Certain functionality of the Platform may differ or be unavailable to the User on the Platform pages optimized for mobile devices.

3.3.            The right to use the Platform includes the right to use the Platform for viewing, reviewing, leaving comments/feedback and implementing other functionality of the Platform.

3.4.            The User is granted the right to quote elements of the user content of the Platform with an indication of the citation source, including a link to the URL-address of the Platform.

3.5.            The User guarantees that he/she is of legal age and has the legal capacity to enter into legal relations on the use of the Platform in accordance with these Terms and other documents governing the procedure for the use of the Platform.   


4.               Functionality of the Platform available to the Users

4.1.            A platform is available on the Platform (information and reference system) containing information on goods / services. Product Information is provided by Manufacturers.

4.2.            Any User can view the public pages of the Platform, including text and graphic information.

4.3.            The User not registered/authorized on the Platform (a visitor) may use all services provided for on the Platform, except for placing the Order, sending messages from "Question to the Platform/manufacturer/technologist" page, leaving the comments and feedback on the detailed page of the Goods / on the detailed page of the Manufacturer.

4.4.            The User registered on the Platform as the Buyer, after authorization, in addition to viewing the pages, can add the selected Goods to the cart and place the Order. In the personal account, the buyer can edit his/her contact information, as well as view the history of orders.

4.5.            The Buyer – a legal entity when creating sub-accounts can limit and divide the rights to use the functionality of the Platform (to view the entire order history, to cancel unpaid orders, to pay for orders, to change the status of orders, to create and to edit a company page, to create news, to view and to respond to references).

4.6.            The Buyer – legal entity has the possibility to create and publish news on the Platform. The ability to publish news is provided in agreement with Marketplace.

4.7.            The User registered on the Platform as the Manufacturer after authorization has all the rights of the registered User, except for the access to the functionality of the purchase of the Goods, including the access to the functionality of the personal account of the manufacturing company.

4.8.            The Manufacturer may place on the Platform the Information on the Goods by itself, using the functionality of the Platform, or with the involvement of specialists of the Marketplace.

4.9.            The Manufacturer may place the Information on the Goods on the Platform with no intent to sell them (to familiarize an indefinite range of persons with the properties and characteristics of the Goods). If the Manufacturer decides to sell its Product on the Platform, an agent agreement must be concluded between the Manufacturer and Marketplace that regulates the interaction between the parties in the implementation of sales.


5.               Registration on the Platform

5.1.            In order to gain access to certain functionality of the Platform, particularly to order the goods and services on the Platform, the User must complete the registration procedure, as a result of which a unique login account and personal account will be created for the User.

5.2.            The procedure for registration of the User shall be carried out in accordance with the rules established by these Terms and the current interface of the Platform.

5.3.            When registering on the Platform, the User must choose in which capacity he/she registers: the Buyer or the Manufacturer. If the User chooses the parameter "Buyer", then he/she shall choose if he/she will register as an individual or a legal entity (individual entrepreneur).

5.4.            The Buyer, who is a legal entity or an individual entrepreneur, can create subaccounts

5.5.            Self-registration is provided only for the Buyer. To be registered as the Manufacturer, the User must leave a request on the Platform via the feedback form.

5.6.            The Manufacturer registered on the Platform may create a separate login account of the Buyer and make purchases on the Platform.

5.7.            After registration of the User on the Platform, any actions performed by it shall give rise to the rights and obligations of the User.

5.8.            Marketplace reserves the right to refuse the User to register on the Platform without giving any reason.

5.9.            When registering on the Platform, the User undertakes to provide accurate and complete information and to keep this information up to date. If the User provides incorrect information, the Marketplace shall be entitled, at its discretion, to block or delete the User's login account and to refuse to use the Platform. The Marketplace may request the User to provide the documents confirming the accuracy of the data indicated during the registration.

5.10.          Upon completion of the registration procedure, the User itself sets login and password to access the login account. The Marketplace shall be entitled to set the requirements for login and password (length, allowed symbols, etc.). E-mail address is used as the User's  login.

5.11.          The login and password chosen by the User are necessary and sufficient information for authorization on the Platform. The User may not transfer the login and the password to third parties, is fully responsible for their safety, choosing a way of their storage independently.

5.12.          The User shall be solely responsible for the security (resistance to guessing) of the chosen means of access to the login account, and also shall ensure their confidentiality independently. The user shall be solely responsible for all actions with the use of the services of the Platform performed under the User's login account.

5.13.          Any case of unauthorized access to the Platform using the User's login account shall be immediately reported by the latter to the Marketplace.

5.14.          The Marketplace shall not be liable for the loss of the User's registration data, particularly due to fraudulent actions of third parties.

5.15.          If it is impossible to perform authorization due to the loss of the password, the User must fill out the "Recover password" form.

5.16.          Regardless of the deletion of his/her login account on the Platform, all obligations of the User, including existing Orders made through the Platform, shall remain in force until the full execution by the User.


6.               Rights and Obligations of the Marketplace and the User

6.1.            The Marketplace shall be entitled:

6.1.1.         To block or delete the User's login account/to restrict the use of  functionality of the Platform, to delete the Information on the Goods in the event of violation by the User of these Terms or the terms of other documents regulating the relationship between the User and the Marketplace, as well as legal requirements.

6.1.2.         To collect the information on the preferences of the Users and the ways they use the Platform (the most frequently used functions, settings, preferred time of access to the Platform), which is not personal data, in order to improve the operation of the Platform.

6.1.3.         To delete the user content, particularly at the request of authorized bodies or interested parties, if the content violates these terms, the requirements of the legislation or the rights of third parties.

6.1.4.         To suspend the operation of the Platform, as well as to stop access to the Platform, partially or completely, until the completion of the necessary maintenance and (or) modernization of the Platform. The User may not claim compensation for the losses for such temporary limitation of the Platform availability.        

6.2.            The Marketplace undertakes:

6.2.1.         To eliminate the identified shortcomings in the operation of the Platform as soon as possible.

6.2.2.         To refrain from any actions that may hinder the User's exercise of the right to use the Platform. 

6.2.3.         To provide the User with the necessary information on the use of the Platform upon the User's request.

6.2.4.         To ensure the confidentiality and safety of all data received from the User, except in cases where such disclosure occurred for the reasons beyond the control of the Marketplace, and except as provided by the legislation.

6.3.            The User shall be entitled:

6.3.1.         To use the Platform as provided for by these Terms, as well as by available interface of the Platform.

6.3.2.         To receive the information from the Marketplace related to the operation of the Platform.

6.4.            The User undertakes:

6.4.1.         Not to violate the intellectual rights of the Marketplace, other Users or third parties when using the Platform.

6.4.2.         Not to use the Platform for illegal actions.

6.4.3.         Not to take any actions as a result of which the operation of the Platform or its certain services may be disrupted.

6.4.4.         Not to distribute any confidential and legally protected information on individuals or legal entities using the Platform.

6.4.5.         Not to use the Platform to disseminate advertising information, except with the consent of the Marketplace.

6.4.6.         Not to use the Platform, including any of its functions and services, in order to:

·                 download content that promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social grounds; contains false information and (or) insults to specific individuals, organizations, authorities;

·                 represent himself/herself as another person or representative without sufficient rights, particularly as the employees of the Marketplace;

·                 mislead about the properties and characteristics of any Goods, including those sold on the Platform.

·                 compare the Goods incorrectly, as well as form negative attitude to persons (not) using certain Goods, or condemn such persons.

·                 obtain an unauthorized access to the functions and services of the Platform, any other systems or networks related to the Platform, as well as to any services/goods offered on the Platform.


7.               Acceptance of the Terms of Mailing

7.1.            The Marketplace shall be entitled to send the information and advertising messages (notifications) to its users, such as: change in order status; responses to comments; responses to references; the Manufacturer's news; news from Enex; the buyers' news; promotions and special offers; news from the company; other messages and notifications.

7.2.            In the personal account, the User can set up a subscription at his/her discretion (refuse from some categories of mailing or prohibit it completely).

7.3.            Sending some informational messages, for example, cashier's checks, is necessary to use the services of the Platform and cannot be deactivated. If the User does not agree with the terms of this clause, he/she should refrain from using the Platform. 

 

8.               Requirements to Feedback, Comments, Posted News

8.1.            The Users may leave feedback, comments and news on the Platform (the Users who are legal entities or individual entrepreneurs can post news).

8.2.            Feedback, comments and news shall be posted on the Platform after pre-moderation by the administrators of the Platform, free of charge.

8.3.            By posting feedback/comments/news on the Platform, the User makes the information contained therein publicly available and assumes all risks associated with such posting.

8.4.            The User is fully responsible for the content and form of the feedback/comments/news posted by him/her. The User guarantees that the feedback/comments/news do not violate the legislation and the requirements of these Terms.

8.5.            If the feedback/comments/news posted by the User are subject to copyright or include such object, then by publishing them, the User allows the Marketplace to use them in any way, particularly by reproduction, distribution, translation, communication to the public without limitation on the territory and period of use.

8.6.            It is forbidden to post on the Platform feedback, comments and news that contain:

·                 offensive language, slander and insults, other information discrediting someone's honor and dignity;

·                 false information;

·                 information of obscene nature;

·                 personal data of third parties; 

·                 any other information the public distribution of which is prohibited by the legislation.

8.7.            The Marketplace shall be entitled to remove the feedback/comment/news in case of violation by the User of these Terms or legal requirements when posting such material.


9.               Exclusive Right

9.1.            All objects posted on the Platform, including design elements, text, graphics, illustrations, databases and other objects, are subject to the exclusive rights of the Marketplace and (or) the Manufacturers.

9.2.            The objects (content) posted on the Platform may be used only within the framework of the functionality offered by the Platform. No elements of the Platform may be used in any other way without the prior permission of the rightholder. In particular, it is prohibited to copy, download and use in any other way the content of the Platform for commercial purposes without the prior written consent of the Marketplace and/or the Manufacturer.

10.              Limitation of Liability

10.1.          The User uses the Platform at his/her own risk. The Marketplace does not assume any responsibility, particularly for the compliance of the functionality of the Platform with the User's goals.

10.2.          All services of the Platform are provided "as is", "as available", the Marketplace does not guarantee the smooth operation of the Platform and compliance with any terms of recovery of its performance in case of interruptions. The Marketplace shall not be liable for any delays, failures, errors in the operation of the Platform, incorrect or late delivery of the messages. In this case, the Marketplace undertakes to take all reasonable measures to prevent these malfunctions and to remove troubles (failures) in an expedited manner.

10.3.          The Marketplace shall not be liable for non-performance or improper performance of its obligations as a result of failures in telecommunications and energy networks, actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling of the software and/or hardware complex of the Platform.

10.4.          The Marketplace shall not be liable for improper functioning of the Platform, if the User does not have the necessary technical means to use it.

10.5.          The Marketplace shall not be liable for the losses that the User may incur as a result of the fact that his/her username and password became known to third party through the fault of the User.

10.6.          The Marketplace shall not be liable for the content of the Users' messages or materials (user content), any opinions, recommendations or advice contained in such content. 


11.             Final Provisions

11.1.          These Terms shall come into force from the moment of publication on the Platform and remain in force until their cancellation (revocation) by the Marketplace.

11.2.          These Terms may be amended and/or supplemented by the Marketplace at any time unilaterally at its discretion without giving any reasons and without obtaining anyone's consent, as well as without any special notice to the Users. The amended and/or supplemented Terms shall enter into force upon their publication on the Platform.

11.3.          If for any reason one or more provisions of these Terms are found to be invalid (unenforceable), the validity or enforceability of the remaining provisions shall not be affected.

11.4.          The User and the Marketplace recognize all information received by the User while working with the Platform and receiving the services of the Marketplace, to be confidential (confidential information). The User undertakes not to disclose the confidential information, except as provided by the legislation or when such information is publicly available, or upon agreement with the Marketplace.

11.5.          The Marketplace undertakes to ensure the confidentiality of the Users ' personal data in accordance with the terms of the Confidentiality Policy.

11.6.          The relations that are formed in connection with the use of the Platform shall be subject to the legislation of the Russian Federation. These Terms shall be governed by and construed in accordance with the legislation of the Russian Federation. The Issues not regulated by these Terms shall be resolved in accordance with the legislation of the Russian Federation under the rules of Russian law.

11.7.          The claim procedure for settlement of disputes arising in connection with the use of the services of the Platform shall be mandatory. If agreement is not reached as a result of the application of the claim procedure, the dispute will be referred to the judicial authority in accordance with the legislation of the Russian Federation.

11.8.          Contact details to receive the information on the Platform and the procedure for its use:


Enex, LLC

Telephone: 8 800 707-56-00 E-mail: info@enex.market