Public Offer Agreement
(published on 07.12.2022)
1. GENERAL PROVISIONS AND DEFINITIONS
1.1. Made With Bravery (hereinafter - "Marketplace") is an electronic platform with a range of products "Made in Ukraine" from sellers of Ukraine, through which Ukrainian sellers can sell online their products made by them and / or other manufacturers in Ukraine, buyers from other countries.
1.2. In this User Agreement, unless the context otherwise requires, the following terms have the following meanings:
1.2.1. Administration of the Marketplace (Site) - Limited Liability Company "VCHASNO SERVIS" and / or persons duly authorized by it to manage the online service Made With Bravery, located at https://shop.brave.ua/uk/ and provide services to customers - Users of Made With Bravery Services;
1.2.2. Balance - the account of the User (Seller) on the Marketplace, information on the status of which, including the amount of funds transferred by the User as a Guarantee payment, which is a way to ensure the fulfillment of monetary obligations, reflected in the Personal account of the User (Seller);
1.2.3. Verification - verification of a User who wishes to become a Marketplace Seller, which is carried out by providing information and documents about a business entity that intends to sell goods on the Marketplace, according to the list and instructions received when the first addition of goods for sale on the Marketplace after clicking on button "Pass verification". Verification of Sellers is carried out in two stages.
1.2.4.Visitor - any person who has access to the Marketplace via the Internet and uses the Marketplace to view the range of vendors and other information on the Marketplace.
1.2.5. Guarantee payment - the amount of money transferred by the Seller to the bank account of VCHASNO SERVICE LLC, is reflected on the Balance Sheet of the User (Seller) and is agreed in accordance with Part 2 of Art. 546 of the Civil code of Ukraine, a way of maintenance of performance of monetary obligations of the User before LLC VCHASNO SERVICE. The minimum amount of the Guarantee Payment is UAH 1.00. (one hryvnia 00 kopecks);
1.2.6. Marketplace Made With Bravery / Marketplace - the result of computer programming in the form of software Online Service Marketplace Bravery, located at the link: https://shop.brave.ua/, access to which is provided to Users through the Personal account via the Internet and provides the creation the User's personal Store, posting, editing and processing information in such Store and providing other Bravery Services;
1.2.7. Catalog - an online catalog on the Marketplace, which displays the Sellers' Product Items added by them through their Personal Account.
1.2.8.Content - results of intellectual activity protected and placed by the User on the Marketplace, including, but not limited to: name and description of product items, photos, characteristics of the product / service, promotional materials, information about the Seller or User, etc.
12.9. User - Seller, Buyer, or Visitor who has agreed to the terms of this Agreement.
1.2.10. The User's Shop is a personal page created on the Marketplace for the Seller, where the Seller places the goods for sale, as well as its filling and editing, namely: indicates the name of the store, contact details of the Seller, places photos and images of the goods, their description, has the ability to determine the priority in the placement of goods in the store, to sort them, etc .;
1.2.11. Personal account (of the buyer) - personal electronic account (account) of the User, created during registration on the Marketplace, which stores personal information about him, history of orders and purchases, communications with Sellers and other completed information and through which the Buyer may re-make your data, make purchases on the Marketplace.
1.2.12. Personal account (seller) - personal electronic account (account) of the User, which has a unique ID and which stores information about him as a business entity, the history of transactions of purchase and sale of goods from the buyer, communication with them and other filled User information and with the help of which the User manages his Commodity items in the User's Store, as well as has the right to receive other Made With Bravery Services. The User acquires the status of a Seller on the Marketplace after passing the Verification.
1.2.13. Personal data is information or a set of information about an individual who is identified or can be specifically identified using such information;
1.2.14. Buyer - any able-bodied natural person (including a foreigner) or legal entity, natural person - entrepreneur (created in accordance with current legislation of Ukraine), who has accepted the terms of this Agreement and who, using the functionality of Marketplace, buys and / or orders goods offered by Sellers. The buyer begins to use the functionality of the Marketplace after registration on the Marketplace.
1.2.15. Seller / User - a business entity created and operating in accordance with the requirements of current legislation of Ukraine, accepted the terms of this Agreement, passed the Verification and uses the Made With Bravery Services, as well as information about which is specified in the Personal Account;
1.2.16. Rules for placing information on the Marketplace - the rules, requirements that Sellers must comply with in order to be able to place Commodity items, make sales, as well as requirements for the Content they place on the Marketplace, including the registration of Commodity items. These Rules are an integral part of the Agreement and are available at https://shop.brave.ua/page/rules-for-posting-information.
1.2.17. Rules for publishing reviews - requirements to be met by the author of the notice when posting and publishing feedback on the activities of Sellers on the Marketplace, which is an integral part of this Agreement and which are posted at https://shop.brave.ua/page/reviews.
1.2.18. Registration is a procedure in which a person who wants to become a Marketplace User through his Facebook account or Google account after clicking the "Register" button provides the Marketplace Administration with the necessary information to create a Personal Account and further use Made With Bravery Services. Registration is considered complete only in case of successful completion of all its stages, in accordance with the instructions published on the Marketplace.
1.2.19. Placement of Commodity Items - the Seller's action, which is expressed in the publication through the "Add Item" button, activation of the announcement of the sale of goods in its Store on the Marketplace, as well as changes in essential characteristics in the Item Item (its update), etc .;
1.2.20.Made With Bravery Services is a set of services provided by the Contractor to Users on the Marketplace in accordance with the terms of this Agreement and the Service Offer Agreement. The full list of services is available at: https://shop.brave.ua/page/how-it-works;
1.2.21. Goods - tangible and intangible object offered for sale by the Seller through the Marketplace and subject to the rules that are an integral part of this Agreement.
1.2.22. Commodity position - a commercial offer of the Seller for the sale of goods, which is published by him in the User's Store on the Marketplace. The content of the Commodity Item must meet the requirements posted at the link: https://shop.brave.ua/page/rules-for-posting-information;
1.2.23. The agreement is a user agreement, which is located at: https://shop.brave.ua/page/user-agreementhttps://shop.brave.ua/page/user-agreement. This Agreement covers all currently existing (functioning) Made With Bravery Services, as well as any subsequent modifications and additional services and services appear in the future.
In the absence of an unambiguous interpretation of the terms in this Agreement, the Parties will be guided by the interpretation of the terms used on the Marketplace, as well as the current legislation of Ukraine.
1.4. The moment of concluding this Agreement is considered to be the moment of any interaction of the User with the Marketplace. The User hereby confirms his agreement with all the terms of this User Agreement, and Marketplace gives them access to the Personal Account, through which the use of Made With Bravery Services under the terms set forth in this Agreement.
1.5. Any interaction of the User with the Marketplace (including, but not limited to, registration on the Marketplace, Verification, placement of the Commodity Item, making a Warranty Payment by the Seller and / or actual use of Made With Bravery Services) means unconditional consent of the User to all clauses of this Agreement. number of its applications). Such interaction with Marketplace is a full and unconditional acceptance of this Agreement, ignorance of which does not release the User from liability for non-compliance with its terms.
1.6. The user agreement may be changed by the Marketplace Administration without prior notice. The current version of the User Agreement is available at https://shop.brave.ua/uk/page/user-agreement. Continued use of the Marketplace by the User (any further interaction with the Marketplace) means his consent to the changes in the Agreement.
1.7. If the User does not agree with any terms of this Agreement and / or does not agree to abide by the terms of this Agreement (or the new version of the Agreement), he has the right to initiate the process of terminating contractual relations with the Marketplace Administration. use its functionality.
1.9.The Marketplace Administration has the right at any time to deny any User the registration and / or use of the functionality of the Marketplace, in case of violation of the terms of this Agreement.
2. Description of services
2.1. Marketplace provides services that allow you to register and create a Seller's Store on the Marketplace, which is accessed through the Personal Account, through which the User can add goods to his Seller's Store, manage added Items, offer goods for sale, view Sellers' offers and implement purchase by concluding an agreement of purchase and sale of goods with the Seller.
2.2. A person who wants to become a Marketplace User must go through the Marketplace registration procedure. The registration procedure is carried out using your Facebook social network account or Google account. The person who wishes to become a Marketplace User provides the Contractor with the necessary information to use the Made With Bravery Services. Registration is considered complete only in case of successful completion of all its stages, in accordance with the instructions published on the Marketplace.
2.3. During the registration and / or publication of the Item, the User is obliged to provide true, accurate and complete information on the issues offered in the registration form or in other sections of the Marketplace and to keep such information up to date.If the Marketplace Administration and / or other means find inaccurate information posted by the User, the Marketplace Administration has the right to cancel the registration and / or suspend it and / or terminate access to Made With Bravery Services.
2.4. The User uses the Made With Bravery Services only if he registers through his own social media accounts or Google account. The User is fully responsible for maintaining the confidentiality of his account (including login and password) and information provided in the Personal Account, as well as for all actions taken from his Personal Account.
2.5. The user creates and fills the seller's Store on the Marketplace after registration, successful completion of the Verification procedure in accordance with the stages of the Verification process and payment of the Guarantee payment under the conditions specified in the Service Offer Agreement. In order to obtain the status of a Seller and to have the right to add Product Items to the Seller's Store on the Marketplace after successful registration, the User must go through the Verification procedure in accordance with the stages of the Verification process, as well as according to the instructions received after clicking on the "Pass Verification" button.
2.6. After registering on the Marketplace, the Seller gets access to the Personal Account, which is assigned a unique ID-number and in which he can publish information about himself as a business entity, which he provides: contact information, information about goods and services offered by the Seller , other information about him.
2.7. The User independently chooses Made With Bravery Services, access to and / or services of which he intends to receive or use. Services are provided on the Marketplace under the terms of the Service Agreement, available at the link: https://shop.brave.ua/uk/terms-of-service.
2.8. Any User, using Made With Bravery Services, can leave their feedback about other Users on the Marketplace, following the Rules for publishing reviews, posted at the link: https://shop.brave.ua/page/reviews.
2.9. The Seller independently fills the Seller's Shop and / or the relevant sections of the Personal Account with information, he is the initiator of the transfer of information, has the opportunity to change its content and choose the recipient. The Marketplace Administration is not a party to the electronic agreement between the Seller and the Buyer, the subject of which are the goods, works or services offered by the Sellers on the Marketplace. All agreements between the Seller and the Buyer are concluded directly, the Marketplace Administration is not a party to such agreements, but only provides a communication platform for offering goods and / or services for sale by placing Commodity items. The Marketplace Administration is not responsible for the content of the information transmitted or received and for the damage caused by the use of Made With Bravery Services by Users and Visitors.
3. Rights and responsibilities of the Marketplace Administration
3.1. The Marketplace Administration undertakes to provide the User with the opportunity to receive Made With Bravery Services in the manner specified in this Agreement.
3.2. The Marketplace Administration has the right to send Users (commercial offers), including e-mails to the e-mail address provided by the User or SMS / Viber-messages to the User's mobile phone numbers containing organizational, technical, informational, marketing or other information. about the capabilities of Made With Bravery Services, the activities of the Marketplace Administration or its partners. The user may at any time refuse to receive such messages.
3.3. The Marketplace Administration has the right to place advertising and / or other information in any section of the Marketplace without the consent of the User.
3.4. The Marketplace Administration undertakes to provide the User with the opportunity to receive advice from the support service in case the User provides identification data. The scope of consultations is limited to specific issues related to the provision of Made With Bravery Services.
3.5. The Marketplace Administration has the right to moderate all Content and Commodity Items for compliance with the requirements of this Agreement, the Rules for posting information on the Marketplace, the Rules for publishing reviews and current legislation of Ukraine, and in case of violations at any time to restrict access to such information on the Marketplace with and / or without explanation.
3.6.In case of providing inaccurate or incomplete information by the User about its activities on the Marketplace, the Marketplace Administration has the right to restrict access to the User's Personal Account, and / or cancel the registration of such User, and / or terminate Made With Bravery Services and terminate the contract unilaterally.
3.7. In the event that the User violates the terms of this Agreement (together with its integral parts), the Marketplace Administration has the right to suspend, restrict or terminate such User's access to any of Made With Bravery Services unilaterally at any time. In addition, Marketplace Administration reserves the right, in its sole discretion, to delete any information posted by Users on Marketplace, suspend, restrict or terminate User access to Bravery Services at any time and without explanation. In this case, Marketplace is not liable for any damages that may be caused to the User by such actions.
3.8. The Marketplace Administration, in view of the actions / inaction of the User on the Marketplace, who violates the provisions of the Rules of placing information on the Marketplace, which is an integral part of this Agreement, has the right to restrict in whole or in part access to Made With Bravery Services provided on the Marketplace. providing services to the User and terminating the contract with him unilaterally.
3.9.In the event that the Marketplace Administration receives information about the illegal activities of the User and / or establishes facts or clarifies the circumstances that indicate that the User's activities are illegal, in order to ensure the safety of Users and the Marketplace, as well as to prevent and termination of fraud on the Marketplace, has the right to unilaterally suspend, restrict or suspend access of such User to any of Made With Bravery Services at any time and / or terminate the agreement unilaterally.
3.10. By accepting this Agreement, Users agree that the Marketplace Administration has the right to verify orders including information and / or documents related to orders, as well as mailings and responses using its software, and, if information is found or identified. facts that have signs of illegal gain and / or evasion of payment for services and / or unfair competition and / or fraud, has the right to restrict, suspend, suspend access of such User to the Marketplace. In this case, the fact of violation or disclosure of information is considered confirmed if the Marketplace Administration has notified the User and / or limited the functionality of the Marketplace for such User.
3.11. If the Marketplace Administration acts as an organizer or partner in promotions, bonus programs, special loyalty programs and / or other events that provide incentives to Marketplace Users as participants in such events, and in case of information about illegal activities of such events and / or establishing facts or circumstances that indicate that the activities of participants are illegal and / or violates the terms and / or rules of such events, the Marketplace Administration, in order to ensure the safety of users, as well as to prevent and stop fraud Marketplace has the right to unilaterally suspend, restrict or suspend such User's access to any of Made With Bravery Services at any time and / or terminate the Agreement unilaterally.
3.12. In order to ensure the safety of Users and the operation of the Marketplace, as well as to prevent and stop fraudulent activities, the Marketplace Administration has the right to request documents identifying the User (photo of the User in selfie format together with the document identifying the User, scan copies). a document identifying the identity of the User). Also, in order to confirm the good faith of the Seller, the Marketplace Administration has the right to request from the Sellers documents confirming the shipment of goods to Buyers.In case of refusal to provide documents, the Marketplace Administration has the right to unilaterally suspend, restrict or suspend access of such User to any of Made With Bravery Services at any time.
4. Rights and obligations of the User
4.1. During registration and / or verification and / or publication of the Commodity Item, the User must provide true, accurate and complete information about himself on the issues required for registration in the User's Personal Account and keep this information up to date. The user undertakes to ensure the accuracy of the information provided. The User has no right to require the Marketplace Administration to conceal any information about him.
4.2. The User undertakes to provide upon request from the Marketplace Administration additional information that is directly related to the provision of Made With Bravery Services.
4.3. The User undertakes to use the Marketplace only for lawful purposes, to comply with current legislation of Ukraine, as well as the rights and legitimate interests of the Marketplace Administration.
4.4. The User has no right to perform actions that affect the normal operation of the Marketplace and is its unfair use. The User agrees not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Marketplace.
4.5. The User undertakes not to take actions aimed at gaining access to someone else's Personal Account.
4.6.The User has no right to transfer, withdraw, sell, transfer for use, etc. his login and password to access the Marketplace without the consent of the Marketplace Administration. In case of transfer of login and password or rights to the Seller's Store to any third party, all responsibility for the actions of such third party is then borne by the User.
4.7. In case of security breaches or unauthorized use of the User's personal account, he must immediately notify the Marketplace Administration. The Marketplace Administration is not liable for any damages caused by unauthorized use of the User's Personal Account. The Marketplace Administration is not liable for any damages or damages incurred as a result of the User's failure to fulfill these obligations.
4.8. The User undertakes not to use independently or with the involvement of third parties opportunities Marketplace for purposes that may be classified as a violation of third party rights to intellectual property rights, unfair competition, other violations of applicable law of Ukraine. The User may not use the Seller's Store and / or Personal Account for personal non-commercial purposes. Copying of any information from the Marketplace is prohibited.
4.9. The sellers guarantee that they have all the rights to use the materials and information they place on the Marketplace, including intellectual property rights. The User undertakes to respect the property and non-property rights of authors and other rights holders when using Made With Bravery Services.
4.10. By publishing Commodity Items, the User confirms that in accordance with the current legislation of Ukraine, he has the right to sell the goods offered for sale, is responsible for the availability of supporting documents for such goods and / or permits, licenses for certain activities. The User is obliged to provide information in the Commodity Item in accordance with the provisions of this Agreement, the Rules of placing information on the Marketplace, as well as in accordance with current legislation of Ukraine and maintain information specified in the publication of the Commodity Item in the current state. Terms of delivery of goods and conditions of return of goods must be clearly stated by the User in the published Commodity position in accordance with current legislation of Ukraine.
4.11.Marketplace Users undertake not to allow expressions and statements in a brutal, offensive manner to address other Users, the Administration and representatives of the Marketplace, to show aggression and use profanity in their statements (both oral and written). In case of receiving a complaint or fixing the above actions by the Marketplace Administration, such User is issued a warning. In the event of a recorded violation two or more times, the Marketplace Administration has the right to restrict such User's access to the Marketplace and the use of Made With Bravery Services.
5. Content Requirements. Delimitation of responsibilities
5.1. Publication of information and Content by Users on the Marketplace must be carried out in full compliance with the requirements of current legislation of Ukraine, the provisions of this Agreement and the Rules for placing information on the Marketplace, the Rules for publishing reviews.
5.2. The Seller's offer to sell the product / service (Item), which he publishes on the Marketplace, must contain all information provided by the legislation of Ukraine (including, but not limited to, the Law of Ukraine "On E-Commerce", the Law of Ukraine "On Consumer Protection"). consumers, in particular:
5.2.1. the name of the Seller (performer), its location and the procedure for accepting the claim;
5.2.2. main characteristics of goods / products (name of goods, name or reproduction of the mark for goods and services for which they are sold, data on the main properties of products, nominal quantity (weight, volume, etc.), etc.);
5.2.3. price (tariff), including delivery fee, and terms of payment;
5.2.4. terms of return or exchange of goods, the procedure for terminating the contract;
5.2.5. warranty obligations and other services related to the maintenance or repair of products;
5.2.6. terms and conditions of purchase of products, other terms of delivery or performance of the contract.
5.3.When adding goods to the User's Store (publication of Commodity items by the Seller), the Marketplace Administration checks the Commodity Item for compliance with the following requirements: availability of filled in information about the goods in the mandatory fields of the Commodity Item) and does not check the information and Content posted by Users in the Commodity Items on the Marketplace and is not responsible for compliance of such information with current legislation of Ukraine.
5.4. The Marketplace Administration is not responsible for errors, inaccuracies, omissions that were made during the registration or posting of information by the User, as well as any material or non-material damages incurred in this connection (including lost profits).
5.5. The Marketplace Administration is not responsible for the use (both legitimate and illegal) by third parties of information posted on the Marketplace, including its reproduction and dissemination, carried out both within the Marketplace and in other possible ways.
5.6. The Marketplace Administration reserves the right to unilaterally restrict access to the Content posted by Users upon request from the right holders or competent state authorities, as well as if the posted Content violates the rights (including intellectual property rights) of third parties or does not comply , according to the administration of the Marketplace, the principles of public morality.The Marketplace Administration also has the right to request from the User supporting documents for the posted Content.
5.7. In case of occurrence in connection with the User's placement of Content and / or any information, advertising materials, and / or content of advertising materials (compliance of advertising content with current legislation) and / or quality of goods / services advertised, claims, disputes application of penalties by third parties and / or regulatory authorities or by court decision, such User undertakes to consider and resolve these issues independently without the involvement of the Marketplace Administration, and undertakes to compensate the Marketplace Administration in full damages, costs, including penalties sanctions caused by violation of the terms of this Agreement.
5.8. All information posted by Users on the Marketplace is considered the property of the Users who posted it, as long as there is no reason to believe otherwise. All Users are responsible for the compliance of such information (Content) with the legislation of Ukraine. Marketplace Users do not receive any rights to use information posted by other Users and are fully responsible to the owner of the information for its misuse.
6. Requirements for the quality of customer service
6.1. All Sellers are obliged to faithfully fulfill their obligations to Buyers, in particular Sellers are obliged to:
6.1.1. timely, but not later than within 24 hours, process orders and appeals of Buyers regarding the goods / services of the Seller, information about which is posted on the Marketplace;
6.1.2. timely inform the Buyers about the absence of the ordered goods or the impossibility of its delivery within the time agreed by the parties with mandatory indication of the reasons and clarification of the terms of their obligations to the Buyer;
6.1.3. timely (but not later than the deadline specified by the Marketplace Administration in the notice of complaint sent to the User) to consider and provide a reasoned response to complaints, claims and proposals from Buyers related to the activities of the Seller on the Marketplace. Promptly cooperate with the Marketplace Administration in such cases, at the same time inform the Marketplace Administration about the results of consideration of such appeals, as well as follow the recommendations to improve the quality of service, etc .;
6.1.4. comply with the requirements of the Law of Ukraine "On Consumer Protection" regarding the rights of buyers (consumers) when purchasing goods / services on the Marketplace, including those established by Articles 12, 13 of this Law;
126.96.36.199.Sellers are obliged at the request of the Buyer within 14 (fourteen) calendar days, excluding the day of purchase, to exchange non-food goods of proper quality for similar, if the goods do not satisfy the consumer in shape, size, style, color, size or other reasons can not be it is used for its intended purpose, provided that the product has not been used and preserved its appearance, consumer properties, seals, labels, as well as a settlement document for the purchase of this product. If at the time of exchange a similar product that would satisfy the consumer's requirements is not for sale, the consumer has the right to either buy any other products from the available range with the appropriate transfer of value, or terminate the contract and get back the money paid for the product, or exchange goods on the same at the first receipt of the goods for sale. Goods specified in the List approved by the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 № 172 On Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection” - http://zakon4.rada.gov.ua/laws are not subject to exchange (return). / show / 172-94-% D0% BF;
188.8.131.52. The Buyer has the right to terminate the contract by notifying the Seller within 14 (fourteen) days from the date of confirmation by the Seller of the order or from the date of receipt of the goods. Return of goods is in accordance with the legislation of Ukraine in the field of consumer protection;
6.1.5. provide Buyers with a document confirming the purchase of goods / services.Such a document may be an electronic document, receipt, commodity or cash receipt, ticket, coupon or other document;
6.1.6. the information about the product (including its description and photo) posted by the Seller on the Marketplace must be accurate and complete. Information about the availability of goods and prices must be relevant at all times. The Buyer has the right to demand, and the Seller is obliged to sell him the goods at the price specified by the Seller on the Marketplace in accordance with Articles 18, 19 of the Law of Ukraine "On Consumer Protection".
6.2. In case of violation by the Seller of the requirements set forth in this section of the Agreement, as well as in the presence of unresolved complaints from Buyers, frequent cancellation of orders, refusal to sell to the Buyer at the price stated on the Marketplace, increase negative feedback from Buyers and users, Marketplace Administration reserves the right completely or partially restrict access to information about the Seller and / or its products on the Marketplace, until the Seller eliminates violations, or restrict access to the Seller's Personal Account and access to Made With Bravery Services (in whole or in part) and / or refuse to provide services to Seller and terminate agreement with him unilaterally. However, restriction of access to Made With Bravery Services, including due to violation by Users of the provisions of this section 6 "Requirements for the quality of customer service", is not considered a violation by the Marketplace Administration.
7. Responsibility. Limitation of liability of the Marketplace Administration
7.1. The Marketplace Administration is not responsible for any errors, omissions, interruptions, defects and delays in data processing or transmission, communication failures, destruction of any equipment, unauthorized access of third parties to the Marketplace, which caused restriction of User access to Made With Bravery Services.Marketplace Administration 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, e-mail service failures or scripts for technical reasons. , for the normal functioning and availability of certain segments of the Internet and networks of telecommunications operators involved in the User's access to Made With Bravery Services.
7.2. Services on the Marketplace are provided "as is". The Marketplace Administration does not guarantee the unconditional preservation of the User's Personal Account and the information posted by the User on the Marketplace.
7.3. Marketplace Administration is not responsible for the compliance of Made With Bravery Services in whole or in part with the expectations of the User, error-free and uninterrupted provision, termination of User access to Made With Bravery Services, and storage of User information providing access to the Personal Account and Made With Bravery Services. related to technical failures of the hardware or software of the Marketplace, and does not reimburse the User for any related damages.
7.4.The Marketplace Administration is not responsible to the User for restricting access to Made With Bravery Services, for terminating access to Made With Bravery Services, if these restrictions and terminations are due to force majeure circumstances arising 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, epidemics, sabotage, embargoes, fires, floods, natural disasters, deterioration of the electronic or radiological situation, explosions, actions or inaction of the Government of Ukraine or another country, acts of state and / or local governments , amendments to the legislation of Ukraine, accidents on public networks, changes in conditions of access to line and cable communications and more.
7.5. The Marketplace Administration is not liable to the User or any third parties for any direct and / or indirect damages, including lost profits or lost data, damage to honor, dignity or business reputation incurred in connection with its use of Made With Bravery Services, or the impossibility of its use or unauthorized access of third parties to the User's communications.
7.6. The Marketplace Administration is not responsible for any damage to the electronic devices of the User or another person, any other hardware or software caused or associated with the use of Made With Bravery Services by the User.
7.7. Marketplace Administration is not liable to Users or other third parties for:
7.7.1.the content and legality, reliability and completeness of information (Content) provided / received by the User when using Made With Bravery Services;
7.7.2. quality of goods / services sold by Sellers on the Marketplace, timely delivery;
7.7.3. compliance of goods / services purchased through Marketplace with the expectations and / or requirements of the Buyer;
7.7.4. fulfillment by the Sellers of their obligations to deliver to the Buyers the goods / services purchased with the help of Marketplace, their return or replacement, return of funds in case of termination of the contract, etc .;
7.7.5. fulfillment of warranty obligations by Sellers to Buyers for goods / services purchased with the help of Marketplace;
7.7.6. compliance of the activities carried out by the Seller with the sale of goods / provision of services to the requirements of the current legislation of Ukraine;
7.7.7. fulfillment by Buyers of their obligations to pay for goods / services ordered from Sellers.
7.8. In the event that third parties, including other Users, file claims with the Marketplace Administration related to the User's use of Made With Bravery Services, such User undertakes to settle such claims with third parties at its own expense and at its own expense, protecting the Marketplace Administration from possible damages and proceedings, or to act on behalf of the Marketplace Administration in such proceedings, as well as to reimburse the Marketplace Administration for damages (including court costs) caused to him in connection with claims and lawsuits related to the placement of materials and / or activities of the User at the Marketplace.
7.9. The Marketplace Administration shall not be liable for any damages directly or indirectly incurred by Buyers or Sellers as a result of the Sellers' activities on the Marketplace. Under no circumstances shall the Marketplace Administration be liable to Users or third parties for any indirect damages, including lost profits.The liability of the Marketplace Administration is limited to direct documented damages resulting from the action or inaction of the Marketplace Administration in an amount not exceeding the cost of services provided to a single User.
7.10. The Marketplace Administration does not control the quality and timing of delivery by Sellers of goods / services offered by them by posting relevant information on the Marketplace. As a result, the User accepts the condition according to which all goods and services offered by Sellers through the Marketplace are provided by them under their sole responsibility and the sale of such goods / services is not related to the activities of the Marketplace. The Buyer assumes full responsibility and risk for receiving the goods and services offered by the Sellers by posting the relevant information on the Marketplace. Seller assumes full responsibility and risks for payment by Buyers for goods purchased / services provided by Sellers.
7.11. The Marketplace Administration reserves the right to restrict access to information and Content posted by the User without notice in the following cases:
7.11.1. obtaining binding decisions of the competent state bodies of Ukraine;
7.11.2. claims of holders of intellectual property rights, including, but not limited to, copyright or related rights, rights to trademarks for goods and services, inventions and utility models, industrial designs, etc., to terminate violations of his rights by the User;
7.11.3.other violation of the rights or legitimate interests of other Users, legal entities and individuals at their reasoned request (including in the case of violations of consumer rights);
7.11.4. identification of information that is prohibited for placement on the Marketplace or does not meet the requirements of this Agreement (including appendices);
7.11.5. detection of information about the Seller, which indicates dishonest use of the Marketplace, providing the User with inaccurate information, carrying out activities in violation of current legislation of Ukraine.
7.13. The Marketplace Administration is not responsible for the operation of transfer systems, banking and financial institutions, payment systems and for delays related to their work.
8. Intellectual property
8.1. The set of programs, data, marks for goods and services, copyrights, and other intellectual property rights used on the Marketplace in the provision of Made With Bravery Services is the intellectual property of its rightful owners and protected in accordance with current legislation of Ukraine in the field protection of rights to intellectual property rights, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphics, programs and other objects that are part of Made With Bravery Services and belong to the Marketplace, except as permitted in this Agreement, without the permission of the Marketplace Administration or other legal owner is illegal and may be judicial review and bringing violators to civil, administrative and criminal liability in accordance with the legislation of Ukraine.
9. Annexes to the Agreement
9.2. Rules for posting information on the Marketplace - can be found at: https://shop.brave.ua/page/rules-for-posting-information.
9.3. Rules for publishing reviews - can be found at: https://shop.brave.ua/page/reviews.