1. General Terms
1.1. This Agreement shall specify the terms of services for Network Users https://g5travel.com/.
1.2. For the purposes of this Agreement, the following terms and definitions shall have the following meaning:
1. Service – Internet resource (site) placed on the Internet https://g5travel.com, add-ons and other services to the site based on various operating systems, as well as software, design (graphic design) of the site, applications and other services, database, any section (semi-sections) of the services, as well as information posted by the Administration and the Users on the Service.
2. Administration — The Service shall be administered by «G-5 TRAVEL» Limited Liability Company (TIN: 1702240541), incorporated and registered under the legislation of the Republic of Azerbaijan. All ownership rights to the Service shall be owned exclusively by the Company.
3. User — a person with any legal authority who has accepted the terms and conditions hereof and uses the Service.
4. Personal cabinet — a set of data and settings of the User environment defined (posted) by the User. Any User shall be entitled to have only one Personal cabinet.
5. User personal information — information about the User or a set of information about the User, the User personal information, information automatically transmitted to the Administration in the course of using the Service, including IP address, information from cookies, the User browser and other information about the User including information provided at the time of registration freely or in the course of using the Service.
6. Information – any information posted on the Service by the User or the Administration.
7. Spam – mass, unauthorized and/or unsolicited advertisement, informational, promotional or other mailings, etc.
8. Goods – products, works, services, material and technical resources, civil and non-civil rights.
9. Parties of this Agreement – Administration and the User.
1.3. Any terms and definitions used in this User Agreement that are not reflected in the «Terms and Definitions» clause shall be interpreted according to the meaning arising out of the context of the User Agreement. In case of any disagreement on the interpretation of the terms or definitions used herein, the interpretation determined by the Administration shall apply.
1.4. The use of services and materials shall be regulated by applicable legislation, as well as by this Agreement.
1.5. This Agreement shall be a public offering.
1.6. In case of using the Service, the User shall join to this Agreement and shall accept its terms to comply with the instructions for using the Service.
1.7. In case of using the Service on behalf of the Company, that Company shall accept this Agreement and its terms.
1.8. The Administration shall be entitled to unilaterally change the terms hereof at any time.
1.9. If the User does not agree with the terms hereof or the changes made in it, it shall refuse access to the Service and suspend using the Service.
1.10. The Administration shall hereby offer the Users to place and search ads using the Service.
1.11. Provision of separate services may be governed by specific procedures and/or agreements.
1.12. The User shall accept the provision, when all materials and services of the Service or any part thereof are accompanied by ads. The User shall agree that the Administration shall not bear any responsibility and shall not have any obligations related to such ads.
1.13. In case of registration on the Service, the User shall have access to additional services in the Service. The Administration shall reserve the right to request confirmation of the information provided by the User at the time of registration and the supporting documents at any time.
1.14. The User shall undertake to keep its password confidential. The User shall be responsible for actions using its email address and password, as well as for actions performed in the User Personal cabinet. The User shall be entitled to use the Services only by using its personal email address and password. If the User has grounds to suspect unauthorized access to its Personal cabinet, the User shall undertake to freely change its password.
1.15. The Administration shall have the right to use special technical solutions to verify the correctness of the information provided by the Users during registration and/or authorization.
1.16. The Administration cannot guarantee the accuracy of the identity provided by the User, and the correctness of the information provided by the User during registration on the Service.
1.17. The User shall be advised to communicate with potential counterparties using all available tools on the Service.
1.18. The Administration shall reserve the right, at its own discretion, to suspend the access to the User services violating the terms hereof.
1.19. The Service shall reserve the right to limit or suspend the User’s access to the Service in case of violation of the rights of other persons or applicable law, as well as for other reasons.
1.20. The User, whose access to the services has been suspended, or whose information is invalid, shall not have the right to re-register without the special consent of the Administration. Such User shall have not the right to use the registration information of other User to access to the Service and its services.
2. Use of the Service. Posting of ads
2.1. After filling out a special form, the Administration shall give all registered Users the right to post ads on the Service.
2.2. The User shall agree and undertake not to initiate any action that is inconsistent with the legislation of the Republic of Azerbaijan, international legal standards, copyright, including the purpose of the site, as well as leads or may lead to disruption of the normal operation of the Service.
2.3. All agreements for goods, works and services shall be concluded directly between the Users. The Service shall not a participant and/or mediator of agreements made by the Users through the Service. The Administration shall not control and shall not responsible for such agreements.
2.4. The User comments and other notes on the Service shall not conflict with the requirements of the law and generally accepted norms of morality.
2.5. The User shall be notified that the Administration is not responsible for its access to and use of external resources, references to which may be on the Service. The Administration shall not be responsible for the content of the ads, references to other resources and other information indicated in the description of ads.
2.6. For obtaining the rights by the Administration to publish ads, data and information provided by the User, the User shall grant the Administration worldwide valid, indefinite, irrevocable, non-exclusive right to use, distribute, publish, collect, process, display, copy, reproduce images, pictures, video and audio materials, databases, publications, copyrights and intellectual property rights, as well as any other information on media known or unknown by the User. The rights listed above shall be provided to the Administration free of charge. The User shall grant all the Service Users the right to access to the information posted by it. In addition, the User shall have any intellectual property rights to the materials posted by it on the Service.
2.7. The Service shall not be responsible 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 Service User shall undertake to place ads in accordance with the instructions of the Service and to provide reliable and complete information on the Goods and the terms of their sale. The User shall check the information on the Goods shown in the ads and, if incorrect or incomplete information is found, shall correct or complete the necessary information in the ads.
2.9. By placing ads with the Goods, the User shall confirm that it has the right to perform the actions specified in the ads with respect to the Goods.
2.10. The User shall confirm that it has all necessary rights, licenses, permits, including all patents, trademarks, trade secrets, intellectual property rights, or the corresponding written consent, license to post information and data on the Service or has the right to use the names of third parties, their images or other objects.
2.11. The Service shall have the right to request from the User additional information about the placed Goods and/or documentation confirming the information provided by the User. The Service shall reserve the right to withhold publication until such documentation or information is provided.
2.12. The User shall have the right to sell any Goods belonging to it on the Service, provided that special permits are not required for this, and also subject to compliance with the applicable rules of use.
2.13. For supporting the high quality of the Services, the Service shall reserve the right to limit the amount of active ads of the User on the Service, as well as to limit the actions of the User on the Service.
2.14. The description of the Goods specified by the User in the ads shall constitute the terms of sale of those Goods.
2.15. The terms of delivery shall be attached to the description of the Goods shown in the ads.
2.16. The terms of service provision or sales conditions and the description of the goods, as well as other terms of the ads, shall not conflict with current and future applicable legislation at the time of posting the ads and this Agreement. If any terms of the ads become or are acknowledged to be inconsistent with applicable law and/or this Agreement as a result of changes to applicable law or this Agreement, such terms or such ads shall be amended or modified by the User to eliminate any inconsistencies. In case of impossibility of entering the appropriate changes, such ads shall be deleted by the User. At the time of occurrence of the events specified in this clause, the Administration shall reserve the right to take actions on the correction or deletion of such ads without prior notice to the User.
2.17. Ads, which publication violates the applicable legislation, are contrary to generally accepted standards of morality, are offensive or inappropriate, as well as violate the rights of third parties shall be prohibited on the Service. The User shall ensure that the offer does not violate the applicable legislation and the terms hereof.
2.18. The use of paid services shall not guarantee that the ads will not be blocked by the Administration in case of violation hereof. In case of violation of the rules of placing ads, money for paid services shall not be refunded.
2.19. It is forbidden to include links to websites that contain sales, use offers or other information about goods and services.
2.20. The User shall undertake not to support the provided services and not to disseminate information about:
2.20.1. other trading platforms, online auctions and/or online stores;
2.20.2. other services that offer the same or less paid goods and services on the Service;
2.20.3. other services that offer prohibited goods and services for sale on the Service.
2.21. The User shall undertake not to use automatic programs for obtaining access to the Service without the written consent of the Administration. The use of computer programs that allow posting of ads beyond the normal order shall be prohibited without the written consent of the Administration.
2.22. In addition, the User shall undertake:
2.22.1. not to initiate any action that may lead to a heavy load on the Service infrastructure;
2.22.2. not to copy, repeat, change, distribute or present to the public any information contained in the Service without the prior written consent of the Administration;
2.22.3. not to interfere with the operation of the Service with the aim of preventing or limiting access to the Service, as well as not to interfere with the operation of automatic systems or processes;
2.23. The information provided by the User and its actions on the Service shall not:
2.23.1. be false, inaccurate or deceptive;
2.23.2. allow fraud, deception or abuse of confidence;
2.23.3. lead to the conclusion of agreements for stolen or counterfeit goods;
2.23.4. violate the property of third party or encroach on its right to privacy or trade secret;
2.23.5. contain information that offends someone’s honour, dignity or business reputation;
2.23.6. contain defamation or threats against anyone;
2.23.7. inciting to commit a crime, as well as inciting inter-ethnic enmity;
2.23.8. enable, support or incite terrorist and extremist activity;
2.23.9. be obscene or pornographic in nature;
2.23.10. contain computer viruses, as well as other computer programs, in particular, causing damage, unauthorized interference, secret interception, or the data of any system or the system itself, or its part, or appropriating personal information or other data (including data of the Service);
2.23.11. contain promotional materials;
2.23.12. violate the intellectual rights of third parties, the right of the citizen and other rights of third parties;
2.23.13. otherwise violate applicable law.
2.24. The User shall be prohibited from placing advertisement on the Service, concluding or executing agreements using the Service, which may lead to violation of the applicable legislation by the Service and/or its User.
2.25. The Administration shall have the right to advertise the Goods advertised on the Service in a different way than specified by the User during the advertising of such Goods.
2.26. The Administration shall be entitled to change the location, and suspend, terminate or extend the display periods of any ads for reasons related to or independent of the Service.
2.27. The Administration shall have the right to suspend the display of any ads at any time for reasons that violate the rules stated herein, as well as for reasons that violate the rights of other Users or violate the applicable law, as well as for other reasons.
2.28. The Administration shall have the right to make amendments to the ads, transfer them to other sections, and also take any other actions with the ads of the Users.
2.29. Administration shall have the right to refuse posting (publication) of ads.
2.30. The requirements for the registration of the ads shall be set in the rules for publishing ads on the Service in the «Site rules» section [hyperlink].
2.31. The User shall bear full and exclusive responsibility for the content of the ads under applicable law.
3. Paid services
3.1. The Users can order paid services on the Service.
3.2. The prices for services, as well as the procedure for ordering paid services, shall be shown on the relevant pages of the Service.
3.3. The Service User who has paid for the Service shall have the right to apply to the Administration for refund. The decision on refund or refusal to refund shall be made unilaterally by the Administration.
3.4. The Administration may not refund the User’s payment in the following cases and shall have the right to refuse to refund to the User:
3.4.1. If the User regularly violates the terms hereof;
3.4.2. If the Service is activated, and if the ads are deleted after moderation.
3.4.3. When the User posts an ad on the prohibited goods, services and offers;
3.4.4. In case of any malfunctions in the payment system. The Service shall not be responsible for the operation of the payment systems used by the Users. In this case, the issue of the refund shall be resolved individually;
3.4.5. In other cases, according to the decision of the Administration.
3.5. The procedure for refund shall be determined for each specific case between the Administration and the User.
3.6. Refunds shall be credited to the User’s account within 30 days.
4.1. The Administration shall have the right to send e-mails and/or short messages (SMS) to the e-mail addresses or phone numbers specified by the Users. Messages from the Service may be published on the Service.
4.2. In addition, the User shall understand, acknowledge and agree that such letters and messages may include, but not limited to: offers to conclude an agreement from other Users and other informational and/or advertising and other messages. The User shall understand, acknowledge and agree that such messages and/or their separate parts may have an advertising nature, and may also contain ads, information and other announcements.
4.3. Messages published on the Service shall be deemed delivered to the User from the moment of their publication.
4.4. The Administration shall not be responsible for the use by other Users and/or the sending of messages on the Service by automated systems (robots).
4.5. The Administration shall not be responsible for the use of phone numbers and e-mail addresses posted by the User on the Service pages by other Users and/or robots.
4.6. The User shall confirm that the Administration has the right to provide e-mail addresses and phone numbers to third parties for sending letters and messages to Users.
4.7. The User’s correspondence with the Administration or the Service moderators shall be carried out with the help of electronic mail box specified on the Service.
4.8. The User shall be prohibited to post comments, discussions and other posts on the actions of the moderators and the Administration on the Service.
5.1. The Administration shall be the exclusive owner of the domain name on which the site is hosted, the site itself, mobile applications, as well as the entire Service and all software of the Service.
5.2. In case of downloading the software, the Administration shall grant the User a personal free ordinary license to use the software, without the right to assign it to third parties.
5.3. According to the Service functions, such a license shall be intended to provide the User with the opportunity to use the Service and receive benefits from it.
5.4. Copying, changing, sharing, selling (realizing), exchanging or renting all or any part of the intellectual property objects of the (Service) Administration (including the software), as well as “hacking” or attempting to take the source code of the software without the written consent of the Administration shall be prohibited.
6. Limitation of Liability
6.1. All information provided by the User on the Service (including personal data) shall be placed by the User for the sale (realization) of its Goods.
6.2. The User shall post this or that information about itself only in its own interests, including to simplify the establishment of contact with the User and/or to identify the User.
6.3. By placing information about itself, the User shall understand and agree that such information is placed on the Service in open access, that is, it is available to any customer or Service Users for familiarization.
6.4. The User shall understand and agree all the risks associated with such posting of information, including, but not limited to: spam — the risk of the e-mail address falling into mailing lists, the risk of e-mail address falling into various types of fraudsters, the risk of phone number falling into SMS-spammers and/or SMS-scams and other risks arising out of such posting of information.
6.5. The Service shall not an organizer, intermediary, buyer or seller of agreements regarding the Goods.
6.6. The Service shall not responsible for the conclusion and execution (implementation) of agreements by the Service Users, for damages, lost benefits, income, financial losses or indirect, actual, collateral or punitive damages caused as a result of the conclusion of agreements, as well as for the consequences of illegal actions of any person.
6.7. By using the Service, the User shall confirm that it uses the Service under its own responsibility, and shall bear all the risks related to the use of ads posted on the Service.
6.8. The Service shall be a tool that allows the Users to post ads of Goods whose realization (sale) and/or acquisition is permitted by law, this Agreement and other rules of using the Service.
6.9. The Service shall not always check the ads posted by the Users, as a result, the quality, safety, legality and conformity of the Goods to its description, as well as the seller’s ability to sell the Goods and the buyer’s availability to acquire the Goods shall be beyond the control of the Service.
6.10. The Service cannot control the reliability of information posted by the Users in ads.
6.11. The Service, its Administration, management and employees shall bear no responsibility for the content of the ads posted on the Service, as well as their reliability.
6.12. The Administration, its management and employees shall bear no responsibility for the content of any messages (including those received by the Users in their mailboxes and/or mobile phones), as well as for any other use of the Users’ contact information.
6.13. The User shall understand that the fact of placing ads on the Service is not guarantee that the offer, sale and/or acquisition of any Goods is genuine and legal. The decision on the implementation of the agreement shall be solely made by the User.
6.14. To the extent permitted by law, the total liability of the Service for any claims shall be limited to the amount paid by the User for the use of the Service or (at the discretion of the Service) for the re-provision of those services to the User.
6.15. The User shall agree that all disputes (including as a result of the implementation of agreements) between the User and other Users and/or Service customers shall be freely resolved by the User without involving the Administration.
6.16. The Administration shall not responsible for any access of third parties to the Service without the consent (permit) and/or knowledge of the Administration and/or any information on the Users (including personal data).
6.17. The User shall agree that the Administration shall not be liable and shall have no any direct or indirect obligations to the User for any possible or incurred losses or damages related to any content of the Service and/or as a result of agreements implemented by the User, copyright registration and information on such registration, goods and services available on the Service or for other links using the information posted by the User on the Service.
6.18. The Administration shall not be liable for any software malfunctions, breakages and other technical and software malfunctions, as well as errors, software viruses, etc., which may be transferred to the Service or delivered by third parties through the Service.
6.20. The User shall undertake to act only in accordance with applicable legislation and this Agreement, as well as to be fully responsible for its personal acts and omissions on the Service and while using the Service.
6.20. If the rights of the Service User are violated by another User (illegal use of intellectual property, etc.), the User, whose rights have been violated, may apply to the Administration or moderators with an appropriate complaint. The Administration shall undertake to review the complaint and, if it is justified, to take measures to prevent the violation of the User’s rights.
7.1. This Agreement shall come into force from the moment the User starts using the Service, regardless of the fact of the User’s registration or placing ads on the Service, and shall remain valid indefinitely.
7.2. The User shall have the right to suspend its right to use the Service at any time. Afterwards, the User shall not have the right to post new ads.
7.3. The Service shall reserve the right to suspend the User’s access at its sole discretion. The User whose access to the Services is suspended or whose data is not authentic shall not have the right to re-register without special consent of the Administration, and such User shall not have the right to use the registration data of another User to access the Service.
8.1. In case of disputes, the parties to this Agreement shall undertake to resolve them by way of negotiations. Disputes arising out of the performance hereof and the provision of Services shall be resolved in accordance with applicable law.
8.2. All disputes shall be governed by legislation of the Republic of Azerbaijan.
8.3. The Service shall reserve the right to change this Agreement unilaterally and without notice to the Users. The new wording of the Agreement shall take effect from the date of its publication on the Service.
8.4. Nothing in the Agreement shall be understood or interpreted as establishing agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for herein between the User and the Administration.
8.5. The finding by a court of any provision of the Agreement as invalid or unenforceable shall not result in the invalidity of other provisions hereof.
8.6. In case of violation of the provisions of the Agreement by any of the Users, inaction by the Administration shall not deprive the Administration of the right to initiate actions corresponding to the protection of its interests and rights.
8.7. All other terms and conditions not provided for herein shall be regulated separately.
The User shall confirm that it has familiarized itself with all clauses hereof and shall unconditionally accept them in their entirety.
3. The User personal database shall be stored at the address of the Administration.
4. The Administrator of the personal database shall be the Administration — («G-5 TRAVEL» Limited Liability Company).
5. When filling out the form for publishing ads, or during the User’s registration on the Service, or when subscribing to mailings, as well as in other cases of using the Service, the User shall provide information and personal data to the Administration. Information may also be collected by conducting surveys of Service Users. Participation in Users surveys shall be ensured with the Users permit.
6. The User shall make a free and voluntary decision to provide personal data and any other information about itself to the Service, as well as shall give its consent to process such personal data and information by the Administration, to transfer them to other Users and/or third parties acting based on the instructions of the Administration for processing.
7. Processing of personal data shall be a set of any action or actions such as collection, registration, storage, adaptation, modification, updating, use and distribution (dissemination, realization, transmission, as well as abroad) and the use and destruction of personal data, as well as information (automated) systems.
8. The purposes of personal data processing shall include:
8.1. Obtaining statistical and analytical data for the improvement of the Service and its services;
8.2. Expansion of the range of provided services;
8.3. Receiving informational or advertising news from the Service or third parties (notifications of new opportunities, promotions and other news);
8.4. Warning and prevention of illegal or unauthorized actions of Users or third parties;
8.5. Ensuring the compliance with the requirements of applicable legislation.
9. The Service shall collect the following information on the Users:
9.1. It shows or otherwise discloses personal information entered by the User to the Administration during the use of the Service. Such information may include, in particular (but not limited to), the User’s first and last name, email address and password, telephone number, User’s location, and address. If the User logs in through a social network profile, the Service may also collect information posted on such social network profile. The User shall be responsible for the information provided to it, while the Service provides the channel for the dissemination and publication of the User’s information on the Internet.
9.2. Technical information collected automatically by software during access to the Service.
10. The Service shall not collect and process the information on the Administration, racial or ethnic origin, political, religious and worldview, membership of political parties and trade unions, criminal convictions, as well as information related to health, sex life, biometric or genetic information.
11. The Service and the Administration shall not provide any personal or other information provided by the Users to third parties unrelated to the Service, except when the User gives such permit, as well as in cases agreed by the User or provided for by law.
12. The Service and the Administration may in some cases provide some information to persons cooperating with the Service or related to the Administration.
13. The Administration shall not sell or rent the information and personal data provided by Users in the course of using the Service.
14. For facilitating the interaction between the Users, the Services shall provide limited access to contact information of other Users. The right to use information provided by other Users shall be limited by the User Agreement.
15. The Service User shall undertake not to use the information provided by other User without the written consent of such User or confirmation of the right to use such information in any other way. All information received by the User about other Users in connection with the use of the Service can be used only for the execution of agreements for Goods. Thus, it is prohibited to use an email address, another User’s phone number, for the purposes of sending direct advertisement to the User or sending unsolicited electronic news, as well as illegal actions carried out without the knowledge or consent of other User.
16. The Service User shall have the opportunity to partially change, delete or otherwise correct the personal and other data provided by it in the course of using the Service at any time.
17. The User shall be responsible for the accuracy and correctness of any information and data provided by it.
18. The Service and Administration shall take all effective measures to protect the User’s personal data from unauthorized access by third parties.
19. All personal information collected and processed by the Service shall be stored on a non-accessible server outside one or more secured corporate networks. All employees of the Administration who perform functions with access to and use of Users’ personal and other information have signed an agreement on non-disclosure of information about the Users to third parties.
Cookies, web beacons, and similar technologies
2. Any information received from the User by the Service, as well as placement of cookies in the User’s browser, shall be ensured through a notification and with the User’s permit. By using the Service, the User shall give its permit to the Service to store cookies on the User’s browser.
3.1. Cookies — the definition used in computer terminology to describe information in the form of text or binary data received from the Service, which is stored by the User, that is, on the browser, and then, if the Service User visits it again, it is sent to the Service. Thus, the Service shall record the User’s browser at the time of visit. Cookies shall facilitate the use of the Service by writing information necessary for logging into the system and collecting statistics. Cookies shall not store personal information.
3.2. Web Beacons – small graphic images (also known as “dot markers” or “Web Beacons”) that can be attached to the Service, as well as its services, applications, exchange messages, and tools that usually work in conjunction with cookies to identify the User.
3.3. Similar technologies — technologies that use local shared objects or local storage and other methods of software web applications to store information on the browser or device, such as «flash cookies» and «HTML 5 cookies.» Those technologies may work on all of the User’s browsers, but in some cases they may not be fully browser-controlled and may require direct control through User-defined add-ons or devices.
4. The Administration shall take all security measures to prevent unauthorized access to cookies and similar technologies. The User shall undertake to take similar security measures. The Administration shall guarantee access to cookie data only by authorized providers of Administration and/or Service.
5. Service providers shall be companies that assist with various aspects of the Service. The Administration shall use some authorized service providers for the provision of appropriate services to the User, as well as for other purposes related to the direct operation of the Service. Such service providers may also place cookies on the User’s device through the Service (external cookies). They may also collect other information, such as an IP address or other identifiers.
6. Any information collected and stored by the Service through the use of the above
7. The User can manage cookies on the browser or device settings. For refusing the collection and storage of information, it is necessary to set the flag in the «Stop saving cookies» item in the browser settings, and also press the «Clear cookies» button.
8. Technical information on the system, for example, IP addresses, shall be used by the Service for the maintenance of network equipment, as well as for summarizing statistical and other information.
9. For provision of high-quality services tailored to the User’s individual needs and interests, the Service shall store the data of the User’s last access to the system.