DOMIKSMART

User Agreement

User Agreement By this User Agreement (hereinafter referred to as the "Agreement"), the Licensor - LIMITED LIABILITY COMPANY "KOLOSS" INN 0275909200 OGRN 1160280128910 (hereinafter "KOLOSS LLC") defines the rules for the use by Licensees - Users of the information system "DomikSmart.ru", representing is a set of computer programs and databases posted on the website https://domiksmart.ru/ (and all registered subdomains of the form https://domiksmart.ru.), as well as the DomikSmart application for mobile devices (hereinafter referred to as the “Site”). 1. General provisions 1.1. This Agreement is a license agreement-offer, i.e. addressed to a specific person (User)a proposal that expresses the intention of COLOSS LLC to consider itself to have entered into an Agreement with the User. 1.2. The agreement was developed by KOLOSS LLC and defines the terms of use of the Site, as well as the rights and obligations of its Users and KOLOSS LLC. The terms of the Agreement also apply to relations related to the rights and interests of third parties, both who are Users of the Site (for example, Partners) and who are not, whose rights may be affected as a result of the actions of Users of the Site. 1.3. This offer is governed by the following legal norms: in accordance with clause 2 of Art. 432 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) “a contract is concluded by sending an offer (offerintention to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party”; in accordance with paragraph 1 of Art. 433 of the Civil Code of the Russian Federation “The contract is recognized as concluded at the moment the person who sent the offer receives its acceptance”; in accordance with paragraph 2 of Art. 434 of the Civil Code of the Russian Federation “an agreement in writing can be concluded by ... exchanging documents through postal, telegraph, teletype, telephone, electronic or other communications that make it possible to reliably establish that the document comes from a party to the agreement”; in accordance with clause 3. Art. 434 of the Civil Code of the Russian Federation, the written form of the agreement is considered to be complied with if a written proposal to conclude an agreement is accepted in the manner provided for in paragraph 3 of Article 438 of thisCode; in accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation “The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or specified in the offer.” 1.4. The User is obliged to fully familiarize himself with the terms of this Agreement before registering on the Site. Registration of the User on the Site means full and unconditional acceptance by the User of the Terms of this Agreement (acceptance of this offer in accordance with Article 438 of the Civil Code of the Russian Federation). In case of disagreementthe user with any of the provisions of the Agreement, the User does not have the right to use the services of COLOSS LLC. 1.5. The terms of this Agreement may be changed and/or supplemented by COLOSS LLC unilaterally without any special notice. This Agreement is an open and publicly available document. The current version of the Agreement is available for review at: https://domiksmart.ru/soglashenie. COLOSS LLC recommends that Users regularly check the terms of this Agreement for changes and/or additions. Continued use of the Site by the User after making changes/additions to the terms of this Agreement means acceptance of the Usersthe author of such changes/additions and his consent to them. 1.6. Based on this Agreement, KOLOSS LLC grants Users, under a simple non-exclusive license, the right to use all services and capabilities (components) of the DomikSmart.Ru information system, i.e. Website and applications for mobile devices, including means of navigation, communication, search, placement and storage of information and materials (content), booking, etc. All currently existing services, as well as any development and/or addition of new ones, are subject to this Agreement. Technical, organizational and commercial conditions for the provision of services, including their functionalitypersonal opportunities are brought to the attention of the User by posting information on the Site, including in the User’s Personal Account. 1.7. For the purpose of unambiguous interpretation of the terms and conditions of the Agreement, the names “KOLOSS LLC”, “Licensor” are recognized as equivalent and mean the Individual Entrepreneur “KOLOSS LLC”; the names “User”, “Licensee” are equivalent and designate a person who has accepted all the terms of the Agreement, i.e. concluded it with LLC "KOLOSS" on the terms of the published offer. 1.8. The DomikSmart.Ru information system as a whole and its individual services (components), including source text and object code, are objects of copyright that are protected byis in accordance with the current legislation of the Russian Federation. All exclusive rights to the DomikSmart.Ru information system belong to KOLOSS LLC. The user does not have the right to use, copy, distribute any components of the information system beyond the rights granted on the basis of this license agreement, except for the cases established by Article 1280 of the Civil Code of the Russian Federation. 2. Site status 2.1. The site is an Internet resource and is a collection of information, databases and computer programs contained in an information system that ensures the availability of such information on the Internet at the address: https://domiksmart.ru/ (and at the addresses of the corresponding subdomains) and in the mobile application. 2.2. The website of COLOSS LLC is available to all interested parties in accordance with the terms of this Agreement and the current legislation of the Russian Federation. 2.3. Exclusively for the purposes of viewing and searching for information, any individuals or legal entities have the right to use the DomikSmart.Ru information system free of charge, i.e. without paying license fees. Other components of the information system, incl. a means of booking selected objects, confirming a reservation, a means of creating and publishing their own advertisements for the delivery of objects, used by Users under the terms of this Agreement with payment oflicense payment. 3. Registration on the Site and User status 3.1. In order to use some services of COLOSS LLC or some individual functions of the services available under the terms of the Agreement only to Licensees, the User must go through the registration procedure, as a result of which a unique account will be created for the User (hereinafter referred to as the “Personal Account”). 3.2. Users of the Site are individuals who have reached the age of 18, as well as legal entities who access the information materials and services of KOLOSS LLC through their representative with the appropriate authority. 3.3. When registering on the Site, the User is required to indicate the necessary dataaccurate and up-to-date information for the formation of a Personal Account, including a unique mobile phone number for each User and an email address for logging into the Site, as well as the last name and first name (or name of the organization) - Registration Data. The Site's registration form may request additional information from the User. COLOSS LLC has the right to set password requirements (length, allowed characters, etc.). 3.4. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the provided Registration data and their purity from claims of third parties. If the User provides incorrect Registrational data or KOLOSS LLC has reason to believe that the Registration Data provided by the User is incomplete or unreliable, KOLOSS LLC has the right, at its discretion, to block the User’s Personal Account and refuse the User to use its services (or their individual functions). 3.5. Upon registration, the User agrees to this Agreement and assumes the rights and obligations specified therein related to the use and operation of the Site under the terms of a simple non-exclusive license. 3.6. COLOSS LLC reserves the right at any time to require the User to confirm the Registration data and information specified by the Userin advertisements and request in this regard personal information and necessary documents (in particular, an identification document, documents confirming ownership of real estate described in advertisements created and published by the User), failure to provide which, at the discretion of COLOSS LLC, may be equated to the provision of false information and entail the consequences provided for in clause 3.4 of the Agreement. Conditions for processing personal data 3.7. By accepting the terms of this Agreement by registering on the Site, the User declares that he hereby makes the following personal data communicated by him publicly available: last name, first name, contact numberlefon, and gives KOLOSS LLC its consent to its processing of his personal data provided during registration. The processing of the User's personal data is carried out in accordance with the legislation of the Russian Federation. COLOSS LLC processes the User's personal data in order to fulfill its obligations in accordance with this Agreement and provide the User with the opportunity to use the DomikSmart.Ru information system. COLOSS LLC processes the following personal data of the User: last name, first name, patronymic, phone number, email address, user data (location information, type and version of the operating system usedsystem, browser type and version, device type and screen resolution, sources of the User’s transition to the COLOSS LLC website, operating system and browser language, information about the User’s actions on the site, IP address). COLOSS LLC carries out the following actions with the User’s personal data using or without automation tools: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), blocking, deletion, destruction. LLC "KOLOSS" provides access to the User's personal data only to those third parties, contractors, employees, contractors and agentsLLC "KOLOSS", which needs this information to ensure the functioning of the Site and provide other Services to the User that are not included in the subject of this Agreement. The User agrees to receive messages in electronic form containing information about transactions made by the User (cash receipts, strict reporting forms or information about cash receipts, etc.), including from third parties. The Site Administration has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including for the purpose of preventing and/or suppressing illegal and/orillegal actions of Users). Disclosure of information provided by the User can be made only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation. The User's consent to the processing of personal data is given for the entire period during which the User uses the website of KOLOSS LLC and until the User receives the withdrawal of his consent to the processing of personal data. Withdrawal of consent must be sent by the User to the email address support@domiksmart.ru or in writing to the address of KOLOSS LLC, withdrawal beforemust contain information that allows you to reliably identify the User and his will to withdraw consent. If the employees of KOLOSS LLC have doubts that the review comes from the User indicated in it, these employees have the right to contact the User at the telephone number or other contact information indicated by him. The user has the right to contact COLOSS LLC in order to clarify, change, block, or delete part of his personal data or completely. At the same time, the User understands that further use of the COLOSS LLC website without some personal data becomes impossible. 3.8. Registration data specified by the User and provided byOO "KOLOSS" or the password generated by the User is necessary and sufficient information for the User to access the Site. The User does not have the right to transfer his Registration Data to third parties, bears full responsibility for their safety, and independently chooses the method of storing them. The user, on the hardware and software he uses, can allow the storage of a password (using cookies) for subsequent automatic authorization on the Site. 3.9. Unless proven otherwise by the User, any actions performed in the DomikSmart.Ru information system using his Registration Data are considered to have been performed by the relevant Usertele. In the event of unauthorized access to the User's Personal Account or distribution of the password, the User is obliged to immediately notify KOLOSS LLC about this by writing to the email address of KOLOSS LLC. 4. Rights and obligations of the User 4.1. When using the DomikSmart.Ru information system, the User is obliged to: - comply with the provisions of the current legislation of the Russian Federation, this Agreement and other special documents of KOLOSS LLC; - provide reliable, complete and current data during registration, monitor their updating; - inform COLOSS LLC about unauthorized access to the Personal Account and/or unauthorizedaccess and/or use of the User's password; - do not provide other Users with access to Registration Data, their own personal page or individual information contained therein if this may lead to a violation of the legislation of the Russian Federation and/or this Agreement, other documents posted by KOLOSS LLC on the Site; - keep secret and not provide to other Users and third parties the Registration data (including, but not limited to personal data, passport data, banking information) of other Users, Partners and any third parties that has become known to him as a result of using the Site without receiving the appropriateth prior permission of the latter. - Pay a license fee in favor of the Licensor under the terms of this Agreement. 4.2. When using the Site, the User is prohibited from: - register as a User on behalf of or instead of another person (“fake account”); - re-register in the system using additional data to create an account (create a “duplicate” account); - mislead Users regarding their identity by using the Registration Data of another registered User; - distort information about yourself, your age or your relationships with other persons or organizations; - illegally download, store, publishb, distribute and provide access to or otherwise use the intellectual property of Users, Partners and other third parties; - send messages without the consent of the Site Users and KOLOSS LLC; - use software and take actions aimed at disrupting the normal functioning of the Site and its services or personal pages of Users and Partners; - upload, store, publish, distribute and provide access to or otherwise use viruses, Trojan horses and other malicious programs; - use automated scripts (programs) to collect information onThe Site and/or interaction with the Site and its services; - in any way (including, but not limited to: by deception, abuse of trust, hacking) attempt to gain access to the registration data of another User; - carry out illegal collection and processing of personal data of other persons; - access (try to gain) access to any components of the DomikSmart.Ru information system in any other way other than through the interface provided by KOLOSS LLC, unless such actions were expressly permitted to the User in accordance with this Agreement with KOLOSS LLC; - reproduce, duplicate, copy, sell, trade and transfersell the DomikSmart.Ru information system as a whole and any of its parts or components separately for any purposes, except in cases where such actions were expressly permitted to the User in accordance with the terms of a separate agreement with KOLOSS LLC; - post commercial and political information outside the special sections of the Site established by KOLOSS LLC (the User’s acquisition of other paid services on the Site is carried out in the manner established by a separate Agreement on the provision of additional paid services when using the DomikSmart.Ru information system); - use the Site to carry out feigned or imaginary rental transactions, or any other dishonestuse the Site, the services it provides, information about the Site and KOLOSS LLC, trademarks and service marks owned by KOLOSS LLC, other commercial and business information about KOLOSS LLC and the Site, other objects of intellectual property and means of individualization to obtain any unlawful benefit for yourself or third parties or, conversely, causing material harm, damage to the business reputation of third parties or KOLOSS LLC. 4.3. The User is personally responsible for any information that he posts on the Site, communicates to other Users, as well as for any interactions with other Users and Partners, carried out at his own risk. 4.4. In serviceIf the User disagrees with this Agreement or its updates, as well as the terms and conditions of the services, the User must refuse to use it by writing to the technical support of the Site with subsequent blocking of the account on the Site. 5. Terms of cooperation. Rights and obligations of COLOSS LLC 5.1. The parties hereby express their understanding that COLOSS LLC does not own or manage the properties for which offers are published by the User or which are booked by the User. The DomikSmart.Ru information system is a platform for posting rental offers by Users who, alone, without the participation of KOLOSS LLC, disposeare specified by the specified real estate objects. COLOSS LLC does not take part in transactions, but gives Users (tenants and lessors) the opportunity to enter into transactions directly. 5.2. By accepting this Offer, the User confirms that COLOSS LLC is not responsible for any part of the real estate rental transaction, for the relevance and accuracy of the information in rental offers. 5.3. LLC "KOLOSS" is not responsible for the relevance and accuracy of rental offers posted on the Site, including accuracy in terms of the geographical location of the property, available amenities, possible rental dates, etc., as well as for reviews of tenants about accommodation, etc. 5.4. LLC "KOLOSS" is notis responsible for the condition of the property and for compliance with the laws, rules and regulations that may be applicable to any property in any jurisdiction. 5.5. Users use the components of the DomikSmart.Ru information system provided to them under the terms of a simple non-exclusive license independently, without any interference from KOLOSS LLC, which acts solely as an intermediary between Users, providing access to the information system and, at the request of the tenant, providing the landlord's contact information. 5.6. COLOSS LLC declares, and the User expresses understanding and agreement, that the User independentlybears full responsibility for the accuracy of the information provided by him in published advertisements, as well as in the reservation application, including for the accuracy, completeness and correctness of the information displayed on the Site, as well as for compliance with copyright in photographs that are illustrations for publications. 5.7. COLOSS LLC is not responsible for any delays arising from temporary or partial breakdown, repair, improvement or support of the Site, inaccurate, inaccurate or false information provided by the User himself. 5.8. This Agreement may be terminated early at the initiative of COLOSS LLC in the following cases: - violation of the Userterms of use of the Site in accordance with this Agreement, - the User’s disagreement with the terms of this Agreement or the terms of service provision, including those expressed in writing and orally to the employees of KOLOSS LLC. From the date of termination of this Agreement at the initiative of COLOSS LLC, access to the User’s account is blocked for the User. Unspent funds contributed as license fees and located on the User's account are reimbursed upon a written application (in the prescribed form) of the User to KOLOSS LLC, in the method chosen by KOLOSS LLC, minus the costs incurred, taxes and commissions of third-party services. In case of podosisIf the User violates the terms of this Agreement, including any of the paragraphs of Section 4, COLOSS LLC also has the right to block the User’s account until all circumstances confirming or refuting the violation are clarified. 5.9. COLOSS LLC has the right to send the User information about the development of the Site and its services, as well as inform about its own activities and services. The user consents to the sending of SMS and mail messages to the telephone number(s) and email address(es) specified during registration. 5.10. The user grants COLOSS LLC the right to use its content and the intellectual property included in it on non-exclusive termsvalid license: perpetual, royalty-free, by any means, worldwide, with or without author attribution. KOLOSS LLC may use user content to fulfill the User Agreement, improve KOLOSS LLC, for marketing purposes, in commercial and non-commercial projects. COLOSS LLC has the right to post user content on other Internet resources. 5.11. Any claims of the User related to real estate, their rental, etc. actions and information that are outside the responsibility of COLOSS LLC are subject to presentation to the relevant persons - other Users and/or Partners and/or other third partiesto persons whose actions/inactions resulted in such claims from the User. 5.12. The user uses the services of COLOSS LLC at his own risk. COLOSS LLC does not assume any responsibility, including for the compliance of the services with the User’s goals. 5.13. COLOSS LLC does not guarantee that: the services meet/will meet the User’s requirements; services will be provided continuously, quickly, reliably and without errors; the quality of any product, service, information, etc. obtained using the services will meet the User’s expectations. 5.14. COLOSS LLC reserves the right to make changes to the terms of serviceimplementation of the DomikSmart.Ru information system. By continuing to use the services of the Site, the User agrees to the changes made. 5.15. A reduction in the price of transactions between the User and the lessor as a result of providing a discount announced on the Site (in any form, as part of promotions, bonuses, etc.) is an agreement on the terms of the agreement between the User and the lessor, and receiving a discount does not lead to interdependence between the User and the lessor. The discounts provided reduce the market price of the service. Moreover, in accordance with the provisions of Art. 40 of the Tax Code of the Russian Federation, a price reduction cannot be considered as income (economicmic benefit) received by an individual - a User of the Site. 6. Protection of intellectual rights and means of individualization 6.1. All objects posted on the Site, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects and their selections (hereinafter referred to as the Content), are the objects of the exclusive rights of KOLOSS LLC, Partners, Site Users and other copyright holders. All rights to these objects are reserved. The designations “Domik”, “DomikSmart”, “DomikSmart.Ru”, “Domik” are registered trademarks of KOLOSS LLC and cannot be used by third parties without concluding a license agreement with KOLOSS LLC forthe right to use a trademark, a commercial concession agreement, or to obtain written permission from LLC “KOLOSS LLC” for the free use of the designation on limited terms. 6.2. Except for the cases established by this Agreement, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior permission of the copyright holder, unless the copyright holder has expressly agreed to the free use of the Content by any person. 7. Licensedpayments by agreement 7.1. The license fee is paid by the User to KOLOSS LLC for each use of the DomikSmart.Ru information system component, which allows online booking of the selected rental property, making an advance payment for the booked rental property and receiving confirmation of the reservation. The amount of each license fee is calculated automatically and ranges from 10% to 15% of the total cost of living. 7.2. The license fee is paid by the User by non-cash method, incl. using existing online payment systems to which KOLOSS LLC is connected, simultaneously with the prepayment amount agreed with the lessor (The user who published the advertisement for renting the property). The date of the license payment is the date the funds are credited to the bank account of KOLOSS LLC. 7.3. The license payment is a remuneration to KOLOSS LLC for the right to use the DomikSmart.Ru information system granted under a license and does not depend on other settlements made between the User and the lessor under their own lease agreement, rental of residential premises, etc. In the cases specified in the “Rules for booking accommodation with prepayment” (appendix to this Agreement), it is allowed to return a specific license payment to the User associated with the User’s partial or complete refusal to useformation of the functionality provided by the information system. 8. Final provisions 8.1. If any term of this Agreement is invalid or unenforceable under applicable law, all other terms will remain in effect and the invalid or unenforceable term will be deemed superseded by a corresponding valid, enforceable term under applicable law that most closely matches the intent of the original term. 8.2. Nothing in the Agreement can be understood as the establishment between the User and KOLOSS LLC of agency relations, partnership relations, joint activity relations, personal relationsth hiring, or any other relationship not expressly provided for in the Agreement. 8.3. If for one reason or another one or more provisions of this Agreement are found to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of the Agreement. 8.4. Inaction on the part of KOLOSS LLC in the event of a violation by the User or other users of the provisions of the Agreement does not deprive KOLOSS LLC of the right to take appropriate actions to protect its interests later, and also does not mean that KOLOSS LLC waives its rights in the event of subsequent commission of similar or similar violations. 8.5. This Agreement is madein Russian and in some cases may be provided to the User for review in another language. In the event of a discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply. 8.6. The Agreement comes into force from the moment the User – Licensee begins using the information system and is valid for the entire duration of the Licensor’s exclusive rights to the DomikSmart.Ru information system. The conditions for early termination of the Agreement at the initiative of the Parties are given above in the text. At the initiative of the User, the Agreement may be terminated early at any time, provided there is no faultobligations and is expressed in the User’s refusal to use the DomikSmart.Ru information system, deleting his personal account and published advertisements.