Public contract (offer) on granting access to the Zakupivli.Pro online service with the right to use the software product

Until accepted by the user, this Contract constitutes an open proposal (offer) (hereinafter — the Offer) of LIMITED LIABILITY COMPANY "ZAKUPIVLI.PRO" (hereinafter — the Electronic Marketplace Operator, or the Operator), which is posted on the Internet at the website — https://zakupivli.pro/public-offer and constitutes a contract of adhesion (hereinafter — the Contract) within the meaning of Article 634 of the Civil Code of Ukraine, which may be concluded by the user's accession to all of its terms as a whole, without the ability to propose its own terms and/or any amendments to the Contract. From the moment the user accepts this Offer, this Contract shall be deemed concluded in written (electronic) form.

1. Definitions of Main Terms

1.1. Electronic marketplace (Zakupivli.Pro electronic marketplace) — an information and telecommunication system (hereinafter — the ITS) intended to provide users with access to online services for placing orders and offers of goods in electronic form and conducting procurement procedures in accordance with the requirements of the Law of Ukraine "On Public Procurement", other regulatory legal acts in the field of public procurement, as well as commercial procurement. The ITS is implemented as a set of applied software services with a distributed data-processing center and defined standard user-access interfaces. The right of ownership to the Zakupivli.Pro electronic marketplace belongs to the Electronic Marketplace Operator.

1.2. Access to the Zakupivli.Pro online service — granting the ability to use the result of computer programming in the form of an online service for the automated exchange of information with the "PROZORRO" ITS and/or centralized procurement organizations and/or the central database of commercial procurement of the electronic marketplace, access to which is carried out via the Internet.

1.3. Access to the additional functionality of the Zakupivli.Pro online service — granting the ability to use additional functions of the Electronic Marketplace which are based on artificial intelligence and allow the user to analyze requirements, determine the delivery address and its frequency in the tender documentation, etc.

1.4. Zakupivli.Pro online service — the result of computer programming in the form of software, access to which is granted to users of the Zakupivli.Pro electronic marketplace by means of an individual interface (personal account) via the Internet, and which ensures the creation, storage and publication of all procurement information, the conduct of the electronic auction, the automatic exchange of information and documents with the "PROZORRO" ITS, centralized procurement organizations and the central database of commercial procurement, and also provides users of the electronic marketplace with online services for the automated exchange of information both with the "PROZORRO" ITS and centralized procurement organizations and with the part of the electronic marketplace (the central database and the auction module) that ensures the conduct of commercial bidding, access to which is carried out via the Internet.

1.5. Personal Account — a standard interface provided to a registered user, through the use of which the user obtains personalized access to the software product. The Personal Account stores information about the user, about the course of participation in bidding, the user's electronic documents, provides access to online services and additional functionality, etc. The user's Personal Account is assigned its own number (hereinafter — the Personal Account ID).

1.6. Regulations — a set of rules of use and the procedure for the user's interaction with the electronic marketplace, the functional capabilities of the ITS and the system as a whole. For the purposes of this Contract, the Regulations mean the Regulations on the Use of the Zakupivli.Pro Electronic Marketplace in Commercial Bidding (located on the Internet at https://zakupivli.pro/regulations/commercial), the Instruction on the Procedure for Using the Electronic Procurement System When Carrying Out Below-Threshold Procurement (located on the Internet at https://zakupivli.pro/regulations/gov) and the Instruction on the Use of the "Prozorro-market" E-Catalog (located on the Internet at https://zakupivli.pro/regulations/prozorro-market).

1.7. Parties — for the purposes of this Contract, the Parties mean the Operator and the user who, by its conclusive actions in performance of the terms of this Contract, has given consent and accepted the proposed Offer and acquired the status of a verified user of the Zakupivli.Pro electronic marketplace.

2. General Provisions

2.1. In accordance with Articles 205, 634, 638–642 of the Civil Code of Ukraine, in the event of acceptance of the terms set out in the Offer, by performing conclusive actions to fulfill the terms of the Offer, an individual, an individual entrepreneur or a legal entity that accepts this Offer becomes a user (acceptance of the Offer is equivalent to concluding the Contract on the terms set out in the Offer) of the electronic marketplace (hereinafter — the user). Each user is assigned its own Personal Account ID number by the Operator.

2.2. The terms used in this Contract, unless otherwise defined in the Contract, shall be applied in the meaning provided for in the Law of Ukraine "On Public Procurement", the Procedure for the Functioning of the Electronic Procurement System and the Authorization of Electronic Marketplaces, approved by Resolution of the Cabinet of Ministers of Ukraine No. 166 of 24.02.2016, the Procedure for the Formation and Use of the Electronic Catalog, approved by Resolution of the Cabinet of Ministers of Ukraine No. 822 of 14.09.2020, the Regulations on the Use of the Zakupivli.Pro Electronic Marketplace in Commercial Bidding (https://zakupivli.pro/regulations/commercial), the Instruction on the Procedure for Using the Electronic Procurement System When Carrying Out Below-Threshold Procurement (https://zakupivli.pro/regulations/gov) and the Instruction on the Use of the "Prozorro-market" E-Catalog (https://zakupivli.pro/regulations/prozorro-market).

2.3. The effect of this Contract also extends to the user's interaction with the electronic marketplace through the downloaded mobile application "Zakupivli.Pro: tenders Prozorro", which is free to download to mobile devices and is distributed through the Google Play Store and/or the App Store.

2.4. A legal entity or individual entrepreneur that accepts this Offer confirms the fact that it is not included in the list of persons subject to restrictions on activity in the territory of Ukraine and is not a person to whom special economic and other restrictive measures are applied in accordance with the Law of Ukraine "On Sanctions", is not a resident of the Russian Federation, that the ultimate beneficial owners and owners of significant participation (if any) of the legal entity are not residents of the Russian Federation, and that the participants of the legal entity (legal entities or individuals) do not have their location in (are not registered / do not permanently reside in) the Russian Federation.

3. Subject of the Contract

3.1. The subject of the Contract is the Operator's granting of access to the software product in the form of the Zakupivli.Pro online service and Access to the additional functionality of the Zakupivli.Pro online service, with the right to use the said software product during commercial procurement procedures, as well as for submitting a tender proposal during public (state) procurement procedures and conducting selection using the electronic catalog, via the Internet.

3.2. The user agrees to the terms and undertakes to comply with the Privacy Policy (https://zakupivli.pro/privacy-policy), the Commercial Procurement Regulations (https://zakupivli.pro/regulations/commercial), the Instruction on the Procedure for Using the Electronic Procurement System When Carrying Out Below-Threshold Procurement (https://zakupivli.pro/regulations/gov) and the Instruction on the Use of the "Prozorro-market" E-Catalog (https://zakupivli.pro/regulations/prozorro-market), which are an integral part of the Contract, and by its registration on the Electronic Marketplace confirms its unconditional consent to comply with them.

3.3. The user's registration on the Electronic Marketplace is carried out by the user independently by entering data into the appropriate fields of the registration form. Verification of the user (activation of the functional capabilities of the Personal Account) is carried out by one of the methods of identification/authorization determined by the Cabinet of Ministers of Ukraine or other regulatory documents, including but not limited to the provisions and regulations of the administrators of the central databases on which the Electronic Marketplace is authorized. In the event of verification of the user on the Electronic Marketplace for conducting commercial procurement procedures, the provisions of the Commercial Procurement Regulations shall apply to the user.

4. Terms of Granting Access to the Zakupivli.Pro Online Service

4.1. Access to the Zakupivli.Pro online service is granted by the Operator to the user during the term of the Contract, but in any case not earlier than the date of verification of the user (activation of the functional capabilities of the Personal Account).

4.2. The date of commencement of granting access to the Zakupivli.Pro online service and, accordingly, of acceptance of the Offer, is one of the following events, whichever occurs first: (1) the date following the date of receipt of the advance payment to the Operator's bank account; or (2) the date on which the User performed conclusive actions to fulfill the terms of the Offer for participation in commercial procurement procedures.

4.2.1. Services of Access to the additional functionality of the Zakupivli.Pro online service shall be deemed rendered from the date on which the Operator debits the fee for activation of the additional functionality from the user's personal (sub)account in the Personal Account in accordance with the selected tariff.

4.3. The user's indication of incomplete or inaccurate information when completing the registration form is grounds for the Operator's refusal to grant such user the status of a registered user and access to the online services of the electronic marketplace. The Operator reserves the right to correct the data entered during the user's registration in accordance with the public information from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations.

4.4. Access to the online services of the electronic marketplace is provided on an "as is" basis. The Operator does not guarantee that the provision of access to the use of the online services will meet the goals and expectations of the user or any other persons. The user understands and agrees that any data, text or responses generated by the artificial-intelligence-based functionality within the scope of Access to the additional functionality of the Zakupivli.Pro online service are provided on an "as is" basis. The Operator shall not be liable for the artificial-intelligence-based functionality not meeting the user's expectations and ideas or not being error-free, or for the direct or indirect consequences of its use.

5. Rights and Obligations of the Parties

5.1. The user undertakes:

5.1.1. to comply with the requirements of the Regulations, the requirements of this Contract and the applicable regulatory legal acts governing the procurement process;

5.1.2. to use the Zakupivli.Pro electronic marketplace in accordance with the Regulations and the requirements of this Contract;

5.1.3. to make settlements with the Operator in a timely manner and in full;

5.1.4. to ensure the safekeeping of authorization data and the secrecy of its name (login) and password necessary for working through the Personal Account. If suspicions arise about their unauthorized use by third parties, to notify the Operator thereof by e-mail no later than one hour from the moment such suspicions arise;

5.1.5. the user shall be liable for the actions performed in or through its Personal Account;

5.1.6. to perform other actions specified by the Regulations, the requirements of this Contract and the applicable regulatory legal acts.

5.2. The user has the right:

5.2.1. to use the electronic marketplace in accordance with the Regulations;

5.2.2. to independently form and submit its price proposals and make requests for price proposals in the manner and by the method provided for by law or the relevant Regulations;

5.2.3. to contact the Operator for consulting and technical support.

5.3. The Operator undertakes:

5.3.1. to grant the user access to the software product in the form of the Zakupivli.Pro online services, with the right to use the said software product during commercial and/or state procurement procedures and/or the conduct of selection with the electronic catalog, including but not limited to the ability to submit price proposals for participation in the relevant procurements;

5.3.2. to ensure the uninterrupted exchange of information, in particular, the ability to receive, process and exchange documents and information on the conduct of procurement between the electronic marketplace, the web portal of the Authorized Body — subject to the uninterrupted functioning of the web portal of the Authorized Body — and centralized procurement organizations;

5.3.3. to ensure the protection of procurement information and the protection of confidential information from unauthorized access. The protection must ensure the impossibility of leakage, destruction and blocking of information and of violation of the integrity of, and the access regime to, the information;

5.3.4. to provide consulting and technical support to the user;

5.3.5. to perform other actions specified by the Regulations and the terms of this Contract.

5.4. The Operator has the right:

5.4.1. to terminate or partially restrict the user's access to the Personal Account, its individual parts or functional capabilities in the event of the user's violation of the provisions of this Contract or the Regulations, which may result in, including but not limited to: restriction of the submission of price proposals, withdrawal (deactivation) of price proposals, etc. In this case, the Operator shall not be liable for the possible consequences of such termination or restriction of the user's access in the event of the user's failure to fulfill the terms of this Contract or the Regulations;

5.4.2. to request from the user the information necessary for the organization and conduct of electronic bidding;

5.4.3. to independently change and/or improve the interface and/or system of the electronic marketplace. In this case, the Operator is obliged to notify the user of such material changes by posting a corresponding notice either on the website of the electronic marketplace, or in the Personal Account, or by sending corresponding e-mails to the e-mail address specified in the Personal Account;

5.4.4. to receive, in a timely manner and in full, payment for access to the Zakupivli.Pro online services in accordance with the terms of this Contract.

6. Price of Access to the Zakupivli.Pro Online Service and Payment Terms. Acceptance of the Offer

6.1. The price of access to the Zakupivli.Pro online service is determined in accordance with the tariffs selected by the user, which are posted at the links:

• https://zakupivli.pro/rates/supplier
• https://zakupivli.pro/rates/customer

6.1.1. The price of Access to the additional functionality of the Zakupivli.Pro online service depends on the functionality activated by the user in the Personal Account, namely:
- Access to the additional functionality of the Zakupivli.Pro online service for analyzing requirements from the tender documentation — UAH 100.00 (one hundred hryvnias 00 kopecks) including VAT per analysis of one procurement;
- Access to the additional functionality of the Zakupivli.Pro online service for determining the delivery address and its frequency in the tender documentation — UAH 500.00 (five hundred hryvnias 00 kopecks) including VAT per one month of use of such functionality.

6.2. The provision of access to the Zakupivli.Pro online service for the purpose of submitting tender proposals during public (state) and commercial procurement procedures, as well as for the purpose of placing price proposals in the electronic catalog, is carried out on the terms of 100% prepayment, unless otherwise provided by the terms of a separately concluded agreement between the Operator and the user. Payment is made in non-cash form by the user transferring funds to the Operator's current account.

6.2.1. The provision of Access to the additional functionality of the Zakupivli.Pro online service is paid for by the User according to the tariffs in accordance with clause 6.1.1, on the terms of 100% prepayment, unless otherwise provided by the terms of a separately concluded agreement between the Operator and the user. Payment is made in non-cash form by the user transferring funds to the Operator's current account.

6.3. The Operator has the right to grant access to the Zakupivli.Pro online service on special terms during promotions, information about which is posted on the Operator's website. Such special terms relate to access to the Zakupivli.Pro online service granted to the user during commercial procurement and may not be applied when conducting procurement in the PROZORRO system.

6.4. The Parties may reach agreement on the application of individual prices for access to the Zakupivli.Pro online service during commercial procurement. A proposal from the Operator on the application of individual prices during commercial procurement sent to the user is valid for 5 (five) business days. The Operator and the user also have the right to revise, at any stage of performance of this Offer, the prices for access to the online service of the electronic marketplace for conducting commercial procurement procedures, except in cases where payment has already been made in accordance with clause 6.2 of the Contract.

6.5. The fact of proper provision by the Operator of access to the Zakupivli.Pro online service for the reporting month is certified by the signing, between the Operator and the user, of an Act of Services Rendered (hereinafter — the Act), which is drawn up by the Operator as of the last date of the month in which access to the Zakupivli.Pro online services was provided, in the form of an electronic document, and is transmitted for signature to the user by the 7th day of the month following the reporting month.

6.5.1. The fact of proper provision by the Operator of Access to the additional functionality of the Zakupivli.Pro online service for the reporting month is certified by the signing, between the Operator and the user, of an Act, which is drawn up by the Operator as of the last date of the month in which Access to the additional functionality of the Zakupivli.Pro online service was provided, in the amount equal to the total of all debits of funds from the user's personal (sub)account for the Access to the additional functionality of the Zakupivli.Pro online service activated during the reporting month.

6.6. The transfer and signing of electronic documents is carried out using the "Vchasno" electronic document management online service located on the Internet at https://vchasno.ua (hereinafter — the "Vchasno" service).

6.7. The fact of granting access to the Zakupivli.Pro online service and Access to the additional functionality of the Zakupivli.Pro online service is confirmed by the Act, which the user must accept and sign within 3 (three) business days from the date of receipt of the Act from the Operator or, in the event that the user has objections to the Act and/or to access to the Zakupivli.Pro online service, within the same period of 3 (three) business days provide the Operator with a refusal to sign the Act, accompanied by a list of identified defects, non-conformities and objections, and time limits for their elimination (hereinafter — the Reasoned Refusal). The Reasoned Refusal, if any, is provided by the user to the Operator using the functional capabilities of the "Vchasno" service.

6.8. In the absence of a claim within the period provided for in clause 6.7 of the Contract, the Act shall be deemed signed, and access to the Zakupivli.Pro online service and Access to the additional functionality of the Zakupivli.Pro online service shall be deemed actually provided.

6.9. The Operator has the right to revise the Tariffs of the electronic marketplace for conducting commercial procurement procedures; in this case, such changes take effect from the moment the changed Tariff is posted at the Internet address specified in clause 6.1 of this Contract, unless another effective date of the changes is additionally determined at the time of such posting or by applicable law.

6.10. The Operator notifies the user of a change in the Tariffs by posting a corresponding notice in the user's Personal Account. The user, in the event of disagreement with the revised Tariff, has the right to withdraw from the Contract by notifying the Operator thereof in writing or by means of telecommunications no later than 5 days from the date of receipt of such notice. In the event of non-receipt of a refusal, it is deemed that the user agrees with the new Tariff.

6.11. Prepayment for access to the Zakupivli.Pro online service is made according to the bank details specified in the payment invoice generated by the user in the Personal Account. Payment is made with the mandatory indication of the Personal Account ID, as well as the name of the user. In this case, any funds received to the Operator's bank account with a payment purpose corresponding to the Personal Account ID and the name of the user are recognized, for the purposes of this Contract, as funds paid by the user.

6.12. The user has the right to receive, on a one-time basis, free trial Access to the additional functionality of the Zakupivli.Pro online service, which is advertising within the meaning of the applicable legislation of Ukraine and is used by the Operator to increase loyalty and attract new users, namely:
- Access to the additional functionality of the Zakupivli.Pro online service for analyzing requirements from the tender documentation, in the total quantity of 5 (five) procurement analyses;
- Access to the additional functionality of the Zakupivli.Pro online service for determining the delivery address and its frequency in the tender documentation, for 7 (seven) days from the date of activation of the functionality.

7. Term and Amendment of the Offer and the Contract

7.1. The Offer enters into force from the moment of its posting on the Internet at the address https://zakupivli.pro/public-offer and is valid until the moment the Offer is revoked by the Operator.

7.2. The Operator of the electronic marketplace reserves the right to unilaterally make changes to the Contract and to the terms of the Offer, and to revoke the Offer at any time at its own discretion. In the event that the Operator of the electronic marketplace makes changes to the Contract (Offer), such changes take effect from the moment the changed text of the Contract (Offer) is posted on the electronic marketplace at the address specified in clause 7.1 of the Contract, unless another effective date of the changes is additionally determined at the time of such posting. In such case, the new version of the Contract (Offer) takes effect both for all persons who intend to accept the Offer and for users who have previously concluded the Contract (accepted the Offer).

8. Term and Termination of the Contract

8.1. The acceptance of the Offer by the user, performed in accordance with clause 4.2 of the Offer, results in the conclusion of the Contract on the terms of the Offer.

8.2. The Contract enters into force from the moment of acceptance of the Offer by the user and is valid for 1 (one) year. If, 10 (ten) calendar days before the expiry date of the Contract, neither Party has notified the other of the termination of this Contract, the term of the Contract shall be deemed extended for each subsequent year.

8.3. The Contract may be terminated:

8.3.1. at any time by agreement of the Parties;

8.3.2. at the initiative of one of the Parties in the event of a breach by the other Party of the terms of the Contract, with written notice to the other Party. In such case, the Contract shall be deemed terminated from the moment the Party that breached the terms of the Contract receives the corresponding written notice from the other Party;

8.4. at the initiative of one of the Parties, subject to written notice to the other Party 10 (ten) calendar days before the date of termination of the Contract;

8.4.1. on other grounds provided for by this Contract;

8.4.2. in the event of termination of the Contract at the initiative of the Operator, except in cases of the user's breach of obligations under clause 5.1 of this Contract, the Operator shall return to the user the cost of the prepaid but not provided access to the Zakupivli.Pro online service;

8.5. At the user's request, the Operator is obliged to return to the user, partially or in full, the cost of the prepaid but not provided access to the Zakupivli.Pro online service within 10 (ten) calendar days, on the basis of a demand sent by the user to the Operator of the electronic marketplace in electronic form, signed with a qualified electronic signature (hereinafter — QES). In exceptional cases, the user may agree with the Operator of the electronic marketplace on a different period for the return of the prepaid funds.

8.6. After the expiry of the limitation period, the balance of funds not used by the user in the personal account within 1 (one) year from the date of the last transaction (top-up and/or debit) on the balance, provided there is no request from the user for the return of funds in the manner provided for in clause 8.5 of the Contract, such funds fall under the feature set out in subparagraph "a)" of subclause 14.1.11 of clause 14.1 of Article 14 of the Tax Code of Ukraine and are subject to write-off in the manner and by the method established by law.

9. Confidentiality and Warranties

9.1. All information that the Parties exchange for the purpose of fulfilling the terms of this Contract, including information on the technologies and technical solutions used on the electronic marketplace, as well as any commercial information on the terms of cooperation of the Parties, is confidential and is not subject to disclosure and/or use without the written consent of the other party, except in cases of compelled disclosure at the request of authorized state bodies. In the event of compelled disclosure, the Parties are obliged to notify the other Party thereof in writing immediately, but no later than within 3 (three) business days from the moment of the compelled disclosure.

9.2. The Operator warrants that it possesses all rights and powers necessary for the conclusion and performance of the Contract.

9.3. By agreeing to and accepting the terms of this Offer by way of its Acceptance, the user represents and warrants to the Operator that:

9.3.1. the user provided accurate data (including the user's personal data) when registering as a user on the electronic marketplace and when executing payment documents when paying for access to the Zakupivli.Pro online service;

9.3.2. the user concludes the Contract voluntarily, while the user: (a) has fully familiarized itself with the terms of the Offer; (b) fully understands the subject of the Contract (Offer);

9.3.3. the user has all rights and powers necessary for the conclusion and performance of the Contract.

9.4. By accepting this Offer, the user has also agreed to the use of a qualified electronic signature in the document workflow within the framework of the performance of this Offer, in the manner and on the terms provided for by the Law of Ukraine "On Electronic Trust Services". In this case, the Parties have agreed that additional use of a seal (electronic seal) for documents is not required.

9.5. The Parties agree that the Operator has the right to place the image of the logo (trademark) of the User and the User's name on the Operator's website for the purpose of informing that the User is a client of the Operator.

9.6. The user agrees that, for the purpose of quality control of the provision of Access to the Zakupivli.Pro online service, the Operator has the right to make audio recordings of telephone conversations with employees or representatives of the user, which may also be used as evidence in the manner provided for by the legislation of Ukraine in court proceedings. The user is obliged to notify its employees and representatives and to obtain consent to make such audio recording.

10. Use of Intellectual Property Objects

10.1. The electronic marketplace, which constitutes an ITS comprising online services and their components, software products, databases, images, text materials and other objects of copyright and/or related rights, as well as objects of patent rights, trademarks, commercial designations and trade names, and other parts (regardless of whether they are included in the ITS or are its additional components, and whether their removal from its composition and separate use is possible) (hereinafter — Intellectual Property Objects), are protected in accordance with the Law of Ukraine "On Copyright and Related Rights" and other legislative acts in the field of intellectual property protection, and belong to the Operator on an exclusive basis, unless otherwise specified in a notice of rights.

10.2. The Operator grants the user the right to use the Intellectual Property Objects on the terms of a simple (non-exclusive) license in the territory of all countries of the world, by the methods specified in this Contract, solely for the purpose of the user obtaining access to the Operator's online service under this Contract.

10.3. The user does not have the right to distribute, change, modify, adapt, translate, compile, decompile, reverse-engineer, create derivative products, make attempts to disclose the source code, copy or analyze data, use the ITS, including its online services, in a manner not provided for by its functional purpose, or carry out any other improper use of the Intellectual Property Objects without the written permission of the Operator.

10.4. By accepting the terms of this Offer, the user also grants the Operator a simple (non-exclusive) license to use the materials that the user posts on the electronic marketplace and that contain intellectual property objects, for use in the territory of all countries of the world.

10.5. The said simple (non-exclusive) license to use the materials that the user posts on the electronic marketplace and that contain intellectual property objects is granted simultaneously with their uploading to the electronic marketplace, for the entire term of the exclusive rights to the objects of copyright and/or related rights constituting such content, for use in the territory of all countries of the world.

11. Liability and Limitation of Liability

11.1. For breach of the terms of the Contract, the Parties bear the liability established by the Contract and/or the applicable legislation of Ukraine. In this case, the Operator bears liability for property and non-property damage caused to the rights and interests of the user in an amount not exceeding the amount of the paid access to the Zakupivli.Pro online service, for the purpose of submitting tender proposals, in the previous month.

11.2. In the event of the user's breach of the time limits for payment of the price of access to the Zakupivli.Pro online service provided for by this Contract, the Operator has the right to demand payment of a penalty in the amount of double the discount rate of the NBU on the cost of the access to the Zakupivli.Pro online service not paid by the user, for each day of existence of such breach, and has the right to accrue such penalty for 12 months from the day following the day of delay in the user's performance of the monetary obligation.

12. Force Majeure

12.1. The Parties are released from liability for partial or full non-performance or improper performance of obligations under this Contract in the event that the non-performance or improper performance of obligations is a consequence of the action of force majeure, i.e. extraordinary and unavoidable circumstances which the Parties could neither foresee nor prevent from occurring (force majeure circumstances), namely: fires, floods, earthquakes, strikes, mass riots, mutiny, war, including star wars, or actions of state authorities and other circumstances that make it impossible for the Parties to perform their assumed obligations, and if such circumstances directly affected the performance by the Parties of their assumed obligations under the Contract.

12.2. The user bears full liability for:

12.2.1. the content of the tender proposal and documentation published during the procurement procedure. The Operator of the electronic marketplace has the right to control the publication or placement of the tender proposal and documentation as regards improper content and to notify the user of such cases;

12.2.2. the accuracy and completeness of the information specified by the user when registering as a user on the electronic marketplace, and the accuracy of the user's warranties and representations contained in Section 9 of the Contract;

12.2.3. its actions performed by it on the electronic marketplace during the procurement procedure, and the actions of persons performed on its behalf using its personal identification data;

12.2.4. the placement on the electronic marketplace of information of a harmful and offensive nature and information unrelated to the conduct of procurement;

12.2.5. the accuracy and completeness of the user's details used by the electronic marketplace during commercial and state procurement procedures.

12.3. Taking into account the terms of Section 10 of the Contract, the user undertakes to resolve disputes and settle claims of third parties regarding the posted materials by its own efforts and at its own expense, or to compensate for losses (including court costs) caused to the Operator in connection with claims and lawsuits the basis for the filing of which was the posting of the user's materials.

12.4. The Operator is not liable for the services of third parties provided through the electronic marketplace, in particular, but not limited to, the issuance and processing of loans, the processing of a bank guarantee, etc.

12.5. All rights and ownership of the electronic marketplace belong to the Operator and remain in its ownership regardless of the user's actions. The use of the content of the "Training" section of the electronic marketplace for commercial purposes is possible only with the written permission of the Operator.

13. Dispute Resolution Procedure

13.1. All disputes and disagreements related to the Contract shall be resolved by the Parties through negotiations.

13.2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the jurisdiction and cognizance established for such dispute under the applicable legislation of Ukraine. The law of Ukraine applies to the disputed legal relations.

14. Details

• LIMITED LIABILITY COMPANY "ZAKUPIVLI.PRO"
• 02121, city of Kyiv, Kharkivske shose, building 201-203, lit. 3V
• USREOU (EDRPOU) code 40283641
• IBAN UA773510050000026002879220201
• Bank JSC "UKRSIBBANK"
• Tax ID (IPN) 402836426512
• E-mail: [email protected]