This Regulation determines the rules of providing the Users with services available in the Internet service https://molot.online, the rules of access and using its resources and rights and obligations of the service User and Operator.
Viewing and using the https://molot.online Service provided via the website means that the User has reviewed this Regulation, accepts its terms and undertakes to observe the rules included in it.
These terms and conditions used in the Regulation shall have the following meaning:
Operator – LLC «MOLOT ONLINE», with registered office in Russian Federation (INN 7810928008), with which the User may contact by means of a form placed in the Contacts tab;
https://molot.online Website means all services rendered by the Operator in Russian Federation, at the following Internet address: https://molot.online, which is used for viewing and placing advertisements;
User means any capable individual person, who has reached the age of 18 or legal entity or an organizational unit without legal entity who has set up an account and/or logged into the account using the username and password in the mode stipulated by this Regulation and uses the services provided in https://molot.online Service and accepted this Regulation. A legal person acts through its authorized bodies;
Unregistered User – the term “User” includes as well term/notion “Unregistered User” provided that restrictions the use of the https://molot.online Services by Unregistered Users apply;
Goods – a tangible property including the following categories of construction equipment: pile driving rigs, drilling rigs, vibratory hammers, hydraulic impact hammers, diesel hammers, hydraulic static pile drivers, air hammers, silent pile drivers, microdrilling rigs, RCD rigs, kelly bars, hydraulic casing oscillators, grabs, cutter systems, pilebreakers and other categories, also an intangible property associated with the provision of a service;
Service means any operation associated with the provision of a service that is consumed in the process of committing a particular act or pursuing a particular activity to meet the individual needs of the User;
https://molot.online Services– all services, but provided by the Operator on the website (including, but not limited to All functions, text, data, information, software, graphs or photographs, drawings, etc.), as well as all other services provided by the Operator using the functionalities of the website;
Account means the electronic part of the https://molot.online service, available to the User after his registration, through which the User can perform specific actions within the https://molot.online Service in User’s personal account. The account can be used only by one User;
Registration means a special procedure in which the User provides necessary information to use https://molot.online Service by creating personally an account on the Website or by providing the necessary information to the Operator by email in order to create an account. The registration shall be deemed to have been completed once all registration steps have been successfully completed;
Personal Data means all information concerning the identified or identifiable individual;
Account Blocking is an imposing of restrictions by the Operator on the functionality of https://molot.online Service for a certain account, which includes termination of displaying of all ads of such account, termination of the right to and technical possibility to create, place and publish new ads.
If the User disagrees with the Regulation either in full or in part, the Operator asks the User to leave this website.
All transactions take place directly between the Users.
The operator is not a party in the transactions between Users, but only provides the trading communication platform for placing advertisements.
This Regulation has been made on the basis of the legal provisions valid in the territory of Russian Federation.
2. USER REGISTRATION
Internet Users may view ads posted on https://molot.online Service without registration.
Unregistered Users are able to use services of https://molot.online Service available to users of the https://molot.online website which have not undergone Registration procedure, in particular:
viewing ads and contact information of the other Users registered on the Website;
communication with the registered Users for getting additional information concerning any Goods.
User registration on the Website is required for using all available services of https://molot.online Service. In order to open an Account, the User must go through the Registration procedure in accordance with clause 1.7.10 of this Regulation. In the event of filling in the form specified above, the Operator will immediately send to the email address provided by the User a message from the Operator to activate the Account and containing all information required by law. After clicking on the received link, the Account is activated.
The User undertakes to provide true, accurate and complete information about him/her as required for the registration of the Account in https://molot.online Service. The User is aware that he/she is fully responsible for providing false personal data during the registration. Should the information provided by the User turn out to be false, the Operator reserves the right to suspend or cancel the registration and suspend provision of https://molot.online services.
3. PLACEMENT OF ADS
The User may place ads on Website once a special registration form has been filled in with the indication of contact details and parameters of the offered goods or services.
Ad Placement Period on the Site is 70 days. After that, the ad can be reactivated by the User.
By opening the Account or by logging into the created account, as well as performing actions on any use of the https://molot.online Service and/or the Website, the User concludes a contract with the Operator for provision of services on conditions specified here.
The User is responsible for the culpable actions involving the use of their email address and password in order to gain access to the website of https://molot.online Service. Sending login data to another User (another person) in order to gain access to the Account may lead to blocking the Account by the Operator.
The User is obliged to protect the password and the login from third persons. The user is obliged to immediately change their login data for the website if they have some justified suspicions that their email address and password have been revealed or might be used by third persons.
An ad posted by the User on Website shall be automatically placed on all Website of https://molot.online Service once technical specifications of such an ad have been translated in all website languages.
Use of Website functions and services by both registered and unregistered Users means acceptance of obligations to follow the rules and guidelines on the use of the Website, including this Regulation.
By placing ads on the Website to sell goods or services, the User shall place information about such goods or services subject to this Regulation and guidelines available on the Website.
The User shall provide accurate and complete information about the Goods namely: technical specifications, registration information (VIN number, brand of goods, the model), the condition of the goods, the location of the goods and the terms and conditions of sale thereof. The content of the advertisement should clearly refer to the Goods.
In the period when the advertisement is shown, the User may edit its content, remove the ad or choose an option of prolonging the period of showing the advertisement.
The User confirms that he/she has the right to sell the Goods or provide the service in accordance with the laws of countries where Goods/services are sold.
The User guarantees that the Goods offered by him/her meet the quality standards established by the laws of countries to which they are sold and are free from any third party claim.
If the Goods offered by the User require an appropriate special permit, in accordance with the laws of the countries where the Goods are going to be sold, the User guarantees and undertakes to provide such permit/-s to the Operator or a special body that is authorized to oversee such User’s activities.
It is prohibited to post incorrect specifications of Goods, including the price which does not correspond to the actual selling price. The price must be indicated in full for the whole item. A heading of an ad to be placed shall correspond to the text of the ad and should not contain any User’s contact or personal details (phone, email or web address).
The User guarantees that the photos of the offered products shall correspond to their actual and legal state, including intellectual property rights.
The User guarantees that photos of the offered Goods correspond to the title and text of the advertisement. The photos should show only the Goods being offered. Stock photos and/or photos downloaded from the Internet, may not be used.
The User agrees to refrain from the following actions:
post ads in the category that does not correspond to the content of his/her ad;
post ads with the description and/or title/photos which are unrelated or unreadable;
post ads offering several goods and services at a time;
add any links to external resources/websites to his/her ads;
post ads about goods or services if such posts may cause violation of applicable laws.
It is prohibited to place ads to sell:
goods not included in either category for which information is available for publication on the website;
goods which are stolen or obtained by illegal means;
goods that are dangerous to life and health;
goods that do not exist.
The User undertakes to immediately withdraw the ad from https://molot.online Service when it is no longer valid or when the good has been sold.
The User bears the sole responsibility for actions performed within and in connection with using the service.
Advertisement may be randomly moderated by the Operator. The Operator has the right to change, suspend or prolong the period in which the User’s goods or services shall be shown due to technical reasons within or beyond the Operator’s control.
The Operator may end displaying the ad of the User registered the goods or services violating this Regulation or provisions of the valid law.
The Operator shall have the right to withdraw an ad upon request of the rights holder or the competent government authority. The Operator also reserves its right to withdraw any ad believed to be incompatible with the principles and standards of public morality. The decision to withdraw an ad is final and may not be appealed against.
The Operator may:
amend the text of User’s ads to correct spelling and punctuation errors provided such amendments do not affect the general sense of the content of the ad;
transfer ads to other sections of the Website if another section is deemed more appropriate for such ad.
The Operator shall not be responsible for the content of ads or hyperlinks to resources listed in the description of Users’ ads or for the ability of the User to make the transaction.
The Operator is not responsible for the lack of interest in the ad.
The Company does not guarantee that information posted on websites by third parties is correct, accurate, detailed or complete. In this regard, the Company disclaims any liability for:
causing any injury, damage, loss of information or any other damage to any persons that have arisen while using https://molot.online Service, including expenses for acquisition of items through Website, loss of profits, customers or data, and any other financial losses incurred as a result of visiting these Website or the impossibility of visiting thereof, and due to trust to any information obtained directly or indirectly on these Website;
user’s infringement of third party copyright and other rights by posting materials in violation of the current laws (including copyright), by adding materials to Website of https://molot.online Service violating the provisions of law (including copyright) or by transferring such materials in other way to the Operator.
Goods which are not prohibited or restricted for sale by the laws of the country where they are sold and which do not violate this Regulation may be the subject of ads. All violations in this scope shall result in blocking or removing the ad and/or User’s account by the Operator, without reimbursement of the fees paid by the User.
4. USERS’ PERSONAL DATA PROCESSING AND CONSENT FOR SUCH PROCESSING
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
All items available through the Operator’s services including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sound, and other items, as well as any content posted in the catalogue of the Website services are subject to the exclusive rights of the Operator, except for the Content of Users and/or third parties.
The content as well as any other elements of services may only be used as a part of functions offered by one or another service available on Website. Neither part of the content of Website services, nor any content posted through Website services may be used without the prior consent of the rights holder. The term ‘use’ includes but is not limited to reproduction, copying, processing, distribution on any ground etc.
In order to authorize the Operator to publish information provided by the User, the User shall grant the Company a generally valid (geographically unlimited), perpetual, irrevocable, non-exclusive, sub-licensable right to use, publish, collect, demonstrate, copy, duplicate, reproduce, publicize copyrights, publications and databases owned by the User as well as information, images and photos provided by the User on any known or unknown information carrier. The above rights are granted to the Company at no cost (without payment of remuneration).
The User shall retain all proprietary rights to the content posted in his/her ad. In addition to the above, the User shall grant the right to access information posted to all Website users. The User agrees that the text, photos, and other materials attached to the ad may be used by the Operator for the preparation of promotional materials, articles, reports, analyzes, etc.
By using the services of the https://molot.online Website, the User confirms that he/she assumes the sole responsibility for the content of the provided data and ads posted, The User declares that he/she has all necessary rights, licenses, and permits to place information in his/her Website ads including but not limited to all patents, trademarks, trade secrets, copyrights, or has the respective written consent, license or permit from all persons and companies identified in such ad to use their names or images.
The User shall:
avoid actions that may lead to disproportionately large load on Website infrastructure;
not use automated programs to access Website without Operator’s written consent;
not copy, reproduce, modify, distribute, and publicize any information contained on Website (except for information provided by the User himself/herself) without the prior written consent of the Operator;
not interfere with or attempt to interfere with Website operation and other activities and not interfere with operation of automatic systems or processes and any other measures to prevent or restrict access to Website;
not use the information provided by other Users for any other purpose, except for a transaction directly with such User, without such other User’s written consent. This provision of the Regulation does not apply to User’s personal data provided to the Operator by the User for the purposes of registration.
The User may not:
discuss actions of Website moderators and administrators except through e-mails with Operator.
use User’s names similar to the names of other Users in order to misrepresent himself/herself as such Users registered before him/her and write messages on their behalf.
use any software, including any software of third parties, in order to aggregate and/or process the data or other information available at Website, including but not limited to the personal information at the User’s Account and content of the User’s ads.
to conduct any actions, including but not limited to, deletion and new publication of the similar ad(s), which lead to moving of such ad(s) up in the list.
Other Users may access User’s personal data subject to his/her written consent or pursuant to the applicable laws.
The Operator shall take every effort to ensure proper performance of its obligations hereunder including the normal operation of Website services and non-distribution of personal data provided by the User among third parties except as required by law.
The Operator may from time to time impose restrictions on the use of Website services, such as the maximum number of days to keep ads and the size of ads.
The Operator may restrict User access to websites of https://molot.online Service if the User violates the terms and conditions of this Regulation.
The fact of violation shall be deemed to have been confirmed, if the User has been notified by the Operator that User’s activity violated the Website rules and third party rights.
In case of breach of provisions of the Agreement by the User, the Operator reserves the right to remove or block User’s account at any time, at its discretion, In case of the breach of Sec. 5.7. hereof by the User, the Operator has the right to limit the functionality of the ads of the User, including but not limited to, suspending the possibility to update the published ad(s) of the User, suspending the publication of new ads. In such case any funds paid by the User for Services shall not be refunded.
In case of repeated breach of Sec. 5.7. by the User the Operator shall have the right to block the account of the User whereby no previously paid funds shall be refunded to the User.
The Operator reserves the right at any time to require the User to confirm the Personal Data specified by the User for the purposes of registration and to request the supporting documents in this connection (including copies/certified copies of identity documents), and failure to provide such documents at User’s discretion may be equated to provision of false information. If the User’s data specified in the documents so submitted does not correspond to the data specified for the purposes of registration and if the data specified for the purposes of registration does not allow identification of the User, the Operator may block User’s account either with or without prior notice to the User.
6. PAYMENT OF SERVICES
Publishing ads on the Site is a free service.
7. LIMITATION OF OPERATOR’S LIABILITY
By using https://molot.online Service, the User confirms his/her consent to bear all risks associated with the use of ads posted on Website, and the Operator, including its management, and employees shall not be liable for the content of ads posted on the Website, any damage and loss caused by the use of ads posted on Website.
The Operator is neither an organizer/initiator nor a party to a transaction between Users and third parties. The Website is a trading and communication platform where Users may offer for sale, sell and buy goods and services permitted by this Regulation and the law at any time, from anywhere and at any price.
The Operator cannot control the accuracy of information posted by Users in their ads.
The Operator shall not be liable for any damage incurred as a result of the transaction or misconduct of any party to such transaction.
The Operator shall not be liable for Users’ behavior or goods/services offered by Users and described in their ads. Any dispute and conflict arising between Users shall be resolved by the Users themselves without involvement of the Operator.
The Operator shall not be liable for any unauthorized access or use of the Operator’s servers and/or any Users’ information stored thereon as well as for any errors, viruses, Trojan horses, etc., which may be transmitted by third parties.
The quality, safety, lawfulness and conformity of goods or services to description thereof as well as User’s ability to sell or buy goods/service are beyond the Operator’s control.
If a User has a claim against another User arising out of use of Website services by the latter, the User agrees to lodge such claims himself/herself without involvement of the Operator and shall relieve the Operator from any liability for damages in connection with Users’ transactions.
Operator’s failure to act in the event of a breach of provisions of the Regulation by the User or other users shall not deprive the Operator of its right to take appropriate measures to protect its rights subsequently and shall not constitute an Operator’s waiver from its rights if similar violations subsequently take place.
The Company shall not be responsible for any failure or difficulties in performance of obligations to provide access to Websites due to unforeseen force majeure events, whose consequences cannot be foreseen or overcome (such as government actions, labor disputes, accidents, breakages in the general communications system etc.).
Nothing in this Agreement may be understood as agency relationship, partnership, joint venture, labor relations, or any other relationship between the User and the Operator unless otherwise expressly stated herein.
The Operator shall be responsible for advertisements placed on the website to the extent set forth by applicable laws.
8. TERM OF THE REGULATION AND TERMINATION OF THE SERVICES OF THE SITE
This Regulation comes into force from the moment the User starts using any service of the Site, or from the moment the User registers on the Site and is valid indefinitely.
The User has the right to terminate his registration on the Site unilaterally, without prior notification to the Company and explanation of the reasons.
If the Company has made any changes to the Regulation in accordance with paragraph 8.6. of the Regulation, with which the User does not agree, he is obliged to stop using the services of the Site. The fact of non-termination of the use of the Site is a confirmation of the User’s consent to the relevant version of the Regulation.
Termination of the Regulation by the Company may occur in the following cases:
violation by the User of the provisions of this Regulation, causing any harm to the Company, including its reputation, or other Users;
performing other actions that are contrary to the Company’s policy.
Legal relations can be resumed only after the Company’s administration makes the appropriate decision.
The Regulation may be amended by the Company without any special notice to the User. The new version of the Regulation comes into force from the moment it is posted on the Internet, unless otherwise provided by the new version of the Regulation. The current version of the Regulation is always on the page at https://molot.online/regulation-of-https-molot-online-service/.
9. FINAL PROVISIONS
Information communication intended for the wide community of Users may be placed on Website and / or sent to Users’ email addresses.
If disputes and discrepancies arise out of or in connection with this Regulation, the Parties shall resolve such dispute or discrepancy through negotiation. If any dispute, discrepancy or claim arising out of or in connection with this Regulation, including performance, violation, termination or invalidity thereof, may not be resolved through negotiation, such disputes shall be resolved by relevant courts of Russian Federation of general jurisdiction.
If the User has complaints and / or claims against the Operator in connection with this Regulation or in connection with the actions of other Users of https://molot.online Service, the User may send the Operator an e-mail to the address: email@example.com. The complaint shall be considered within 30 (thirty) calendar days.
This Regulation shall be governed by and construed in accordance with the laws of Russian Federation.
Any matters not governed by this Regulation shall be resolved in accordance with the applicable laws of the Russian Federation.
This Regulation is made in Russian.
Translation into any other language was made to comply with the applicable legal requirements. Should there be any discrepancy between the Russian version and the version in any other language, the Russian version prevails.
If any provision of this Regulation is found by a court to be invalid or unenforceable, this shall not affect the validity or enforceability of other provisions of this Regulation.