Please read carefully the Public offer agreement on using the ChiqChaq.com.ua site before using the services of the site ChiqChaq.com.ua.
If you do not agree with the Public offer agreement on the use of ChiqChaq.com.ua, please do not use the site ChiqChaq.com.ua.
Please note that the Public offer agreement is subject to change without notice. Changes to the Public offer agreement are effective from the moment they are published on the site ChiqChaq.com.ua.
Public offer agreement on using ChiqChaq.com.ua
(hereinafter referred to as the Agreement)
Version of "14" August 2018
The User / Visitor and the Company are aware of the general requirements of the Agreements, which are necessary for the validity of the transaction, having full civil competency and civil capacity, have the appropriate authority to conclude such an agreement, fully aware of the significance of their actions and in accordance with the free expression of will meets the internal will of the participants in this transaction, with the aim of realizing legal consequences, understanding the legal nature of this transaction, as well as their rights and obligations under the Agreement, in accordance with the current legislation entered into this Agreement on the following terms:
1. The terms used in the Agreement
- Website, Resource - Internet resource ChiqChaq.com.ua
- Administration - employees of the Company, as well as persons duly authorized by the Company to manage the Resource and provide the Services to Visitors, within the framework of the use of the Visitors Site.
- Services - a set of software, databases that provide the functioning of the Site, as well as a set of Services provided to Users when using the Site.
- Visitor - any legally competent individual or representative of a legal entity that uses the Resource, Resource Services, materials, information, or other Resource items without registering on the Site.
- User (Customer or Executor) - A visitor who has undergone registration on the Site. The term Customer / Executor in the Agreement denotes both natural persons and legal entities
- Login - the nickname of the User selected by him during registration and which he uses during the use of the Site. It is prohibited to register and use multiple Logins by the same User.
- Password - a symbolic combination provided by the Administration to the User at the time of registration on the Site and provides in conjunction with the login its identification with the use of the Site. In the future, the Password can be replaced by the User independently at his own discretion.
- Verified / Unverified User - User who has been/ has not been verified in accordance with Section 4 of the Agreement.
- Customer - a User who placed the Task on the Site in accordance with the Rules for the placement and execution of tasks.
- Executor - A User who has placed on the Site an offer (proposal) for the conclusion of a contract for the provision of services / performance of work, addressed to the potential Task Customers.
- Task - an advertisement placed on the Site by the Customer addressed to interested executors and contains the terms of the offer (the Customer's proposal for the conclusion of the contract for the provision of services / performance of works).
- Private Task - The task, a text of which is available for viewing only for proven Executors.
- Private Information - A service that allows the Customer to place the information required to complete the work / service in accordance with the Task and make it available only to the Executor to be selected. A private field can not contain information that changes the existing terms of the offer.
- Offer - offer (Executor's offer to conclude a contract for the provision of services / works), posted by the Executor and addressed to the Task Customers.
- Choice of Executor - the acceptance of proposals by Task Customers.
- Amount of the Task - the cost of the Executor services / works within the framework of the concluded Agreement for the provision of services / performance of works between the Customer and the Executor.
- Rules for starting work on the site - a detailed description of the paid services of the Company on the Site. The current version is available on the Site at: https://chiqchaq.com.ua/en/info/company/faq/.
2. General provisions
The public offer agreement on the use of the ChiqChaq.com site defines the terms of such use by the Users of the Visitors to the Site.
The current version of the Agreement is available on the Internet at https://chiqchaq.com.ua/en/info/company/public-offer/. The User / Visitor is obliged to monitor the current version of the Agreement, as well as the version of the Agreement at the time of using the Site and / or its elements, services.
The Agreement may be changed by the Company without any prior notice for the User / Visitor. The new version of the Agreement enters into force from the moment it is placed on the Site at https://chiqchaq.com.ua/en/info/company/public-offer/, unless otherwise provided by the new version of the Agreement.
This Agreement is a public Offer in accordance with Art. 633, 641 and Section 63 of the Civil Code of Ukraine, is the equivalent of an oral agreement and, in accordance with the current legislation of Ukraine, has the proper legal force. In accordance with Clause 2 of Article 624 of the Civil Code of Ukraine, acceptance of this offer takes place by accepting the following conditions.
This agreement is an agreement of accession, in connection with which, the Agreement is concluded only by joining to it as a whole the User / Visitor who has expressed the intention to conclude the Contract. The User / Visitor, who has expressed the intention to conclude the Contract, can not offer his terms of the contract.
When using any services, materials, information, other elements of the Site, or after completing the registration procedure (filling in the appropriate form) on the Site, the User / Visitor is deemed to have accepted the terms of the Agreement in full without any reservations or exceptions, and The user / visitor understands all its provisions.
If the User / Visitor does not agree with this Agreement, or with any clause of this Agreement, did not understand any clause of this Agreement, the User / Visitor may not use the Site, materials, information or other elements of the Site, and the Company offers the User / Visitor to leave this site.
This Agreement governs the operation and use of the Site, as well as the relationships arising from the use of the Site and its Services by Users / Visitors.
The Site may additionally establish conditions for the use of certain services, services and information.
The Company is not an organizer or initiator of an agreement between the Users or its party. The site is a communication platform that provides the opportunity for Users to place, sell and buy legally permitted goods and services at anytime, anywhere, and at any cost.
All agreements concluded with the Site are concluded directly between the Users - the Customer and the Executor. The company is not a party to agreements concluded between Users, but only provides a communication platform for placing ads and exchanging information. In the future, all rights and obligations under the agreements (contracts) arise directly from the Users - the Customer and the Executor.
3. User registration
A person who wishes to become a User is obliged to go through the registration procedure on the relevant page of the Site.
By registering on the Site, the User confirms the fact of his acquaintance with this Agreement and his full and unconditional consent to it.
The user is responsible for the accuracy and correctness of the information indicated by him during registration.
When registering, the User specifies a unique Login. When registering and working with the Site, the user is not allowed to use the Login, which:
• already used by another User;
• offends the Company, the Administration, other Users, third parties.
The User receives the Password generated automatically by the Site Software. Subsequently, the User has the right to change the password to another at his discretion. At the same time, the company recommends the use of passwords that consist of at least 6 (six) characters, which include both lowercase and uppercase letters as well as numbers.
The user is solely responsible for keeping the Password from third parties. The Company is not liable in case of violation of the rights of the User by third parties who received unauthorized access to the User's login and password.
In case of suspicion of a user's security, his login and password or the possibility of unauthorized use by third parties, he undertakes to immediately inform the Administration by sending an email to email@example.com.
The User is responsible for any actions taken on the Site under his username and on his behalf, prior to the Administration's notification of possible unauthorized use by his third parties.
The user has the right to sign up for the Site once. If the User has several active accounts, then the Administration has the right to delete the duplicate User Accounts without notice.
The User has the right to terminate his / her registration on the Site unilaterally without notifying the Company about this and explaining the reasons.
4. Verification of the user
After completing the registration procedure on the Site, the User can pass the verification procedure and receive the status of a Verified User (Executor, Customer). To do this, the User must provide the Administration with its own personal data and its documentary confirmation. In order to pass the verification procedure, the User shall provide the Administration with a scan copy of the passport or other identity card containing the User's photograph.
The use of certain features of the Site, Services and Services of the Company is possible only after passing the verification.
The status of the Verified User may be withdrawn from the User at any time at the discretion of the Administration without explanation of the reasons.
5. Rights and responsibilities
The User / Visitor has the right to use the Site in accordance with the terms of this Agreement, as well as in accordance with the rules and instructions of the Company published on the Site.
Any Resource Visitor has the right to use the following Services:
• access to any materials available for viewing, placed by the Users, in accordance with the Agreement;
• other services, access to which is provided to him by the Company in the person of the Administration.
Any User, in addition to the rights granted to the Visitor, has the right to:
• create Tasks and select Tasks Executors;
• send complaints to the Administration on the facts of violation by the Agreement users;
• to use other services, access to which is provided to him by the Company in the person of the Administration.
Any Executor has the right to:
• perform tasks of all kinds;
• to use other services, access to which is provided to him by the Company in the person of the Administration.
The User / Visitor undertakes not to use the Site in illegal and prohibited activities, to comply with the laws of Ukraine, and also to adhere to acceptable rules of conduct on the Site, including, but not exclusively, not to undertake the following actions:
- • interfere or attempt to interfere in the normal operation of the Site, including, but not limited to, viral attacks, changes to TCP / IP packets, or the transmission of large amounts of information, or actions that may cause an excessive or disproportionate burden on the infrastructure that supports the Website;
- • attempt to decrypt, decompile, disassemble, and modify in any other way any portion of the software that creates and maintains the site and its contents;
- • spread spam, do not distribute malicious software, links to web resources that can harm anyone;
- • use automated means to access the Services and databases of the Site (such as copying data from the screen and / or directly from databases, using bots, robots, software codes, and other automated activity), except when such automated activity occurs on the grounds of written permission of the Company. This restriction does not apply to search services such as Google, Yandex and others;
- • delete or modify any proprietary notices, trademarks, or any advertising material from the contents;
- • Include your or a third party advertising and promotional materials in the contents of the site, including, but not limited to, additional materials or features of the Site;
- • To impersonate another person or legal entity or to mislead about belonging to this or that physical or legal person;
- • use, insert and / or add any links to any materials and information from the Site;
- to use the Site in any other way, not as permitted by this Agreement;
- to use the Site or any of its contents, in violation of the relevant laws, norms of morality and / or the rights of third parties.
The user is prohibited from placing on the Site information in violation of the terms of this Agreement and / or the rights of third parties, in particular, such information shall not include:
- vulgar, offensive expressions;
- propaganda of hatred, violence, discrimination, racism, xenophobia, interethnic conflicts;
- Calls for violence and illegal actions;
- data that violates personal (non-property) rights or intellectual property rights of third parties;
- information that encourages fraud, deception or abuse of trust;
- information that leads to transactions with stolen or fake objects;
- information that violates or infringes on the property of third parties, commercial secrets or the right to privacy;
- personal or identifying information about others without their explicit consent;
- information containing information that violates privacy, offending someone else's honor, dignity or business reputation;
- information containing defamation or threats against anyone;
- information that carries the character of pornography;
- information that harms minors;
- false and erroneous information, misleading information;
- Information about services that are considered immoral, such as: prostitution, or other forms that contradict the norms of morality or law;
- links or information about sites competing with the Company's services;
- information that is "spam", "letters of happiness", "schemes of pyramids" or unwanted or false commercial advertisements;
- information disseminated by news agencies;
- information with the offer of earnings on the Internet, without specifying the physical address and direct contact of the employer;
- Information on franchise, multi-level and network marketing, agency activities, sales representatives or any other activity that requires enrollment (recruitment) of other members, subagents, sub-distributors, and others;
- information of an exclusively advertising character without the offer of a particular product or service;
- Information that otherwise violates the legislation of Ukraine or the country for which the announcement is intended.
The Company / Administration reserves the right to enforce this Agreement, to suspend or suspend the User's access to the Site at any time without notice in the event that the User does not meet (or there is any reason to suspect, that the User has violated) any item of this Agreement. In the event that the Company / Administration within the scope of this Agreement restricts and / or discontinues the User's access to the site, the Company / Administration shall not be liable and shall not cover the User's losses arising from the use of the Site and connected by termination and / or suspension access to the Site.
Visitor / User guarantees that he owns all rights to use materials placed on the Site.
Users (Customers and Executors) undertake to properly fulfill their mutual obligations under service / performance contracts concluded with the Resource.
The Company undertakes to make every effort to properly fulfill its obligations under this Agreement, including the normal operation of the Services of the Site and non-distribution to third parties of personal data provided by the User, except in cases stipulated by the legislation.
The Company has the right at any time to close the Website or site element without the prior notice of the User. In this case, the Company is not responsible for closing the Site or its part.
Company / Administration has the right to remove any content without explaining the reasons, in case of violations of the current legislation of Ukraine, the terms of the Agreement and / or other rules of use of the Site.
The Company has the right at its own discretion not to accept, remove or transfer any Task and / or Offer, messages, comments placed on the Site in violation of the terms of this Agreement.
6. Terms of placement and fulfillment of tasks
Users (Customers) may place Tasks on the site - ads addressed to interested Customers (Executors) containing the terms of the offer (offers of a Customer on the conclusion of the contract for the provision of services / performance of works).
The use of the Website for the placement and performance of the Tasks by private individuals is carried out on a free basis.
Information about the services placed on the Site is provided by the User.
By placing the Tasks and / or information about its own services, the User guarantees that all offered services are entered into civil circulation in the proper manner and do not violate any norms of legislation and / or rights of third parties.
The User is solely responsible for all information posted on the Site in his account. The Site is solely a platform for the placement by the Users of the Tasks and / or information about their services and is not liable to third parties for the information posted by the Users on the Site, including for its authenticity, legality, etc.
Prohibited placement Tasks the purpose of which is to:
• involve Users on third-party resources, sites, or register users on such resources, sites;
• advertise his services and goods or services owned by third parties;
• Increase or change the statistics of sites, number of subscribers in social networks;
• Order automatic or manual sending of invitations and messages to users of social networks, email-mailing.
Users (Executors) independently search for new Tasks and place their Proposals on the published Tasks. The customer chooses Executor in the timeline defined at the time of the task.
Changing the conditions of a Task by the Customer is possible only before the publication of the First Executor Proposal.
From the time of the Choice of Executor, the Customer and the Executor are deemed to have entered into an Agreement for the provision of services / performance of works in accordance with the conditions specified in the Task.
After Choosing Executor, the Resource provides the Customer and the Executor with the contact details of each other, namely the telephone numbers and email addresses specified by the Users when registering.
Executors are forbidden to assign execution of the Tasks to third parties, including their wives, children, relatives and friends.
Upon completion of the Task, the Customer is obliged to confirm the fact of providing the services / performance of the work by the Executor under the Agreement between them.
7. Service of public messages
The user is given access to the Service of public messages (comments). The service of public messages means the ability of the User to post on the pages of the Site messages that become available for inspection by all Users who visit the relevant page of the site.
It is prohibited to post public messages that:
• violate current legislation of Ukraine, norms of international law;
• contain advertising information, spam, schemes of financial "pyramids";
• are illegal, harmful, threatening, offensive, defamatory, infringing the copyrights or other intellectual property rights of third parties that promote hatred and / or discrimination against people on racial, ethnic, sexual, social grounds;
• contain links to other Internet resources;
• contain contact details (telephone number, links to social networking accounts or instant messaging services);
• violate the rights of third parties;
• Comment on the Sum of a Task;
• not relevant to the commented Task.
The administration has the right at any time to delete any public notice from the Site, regardless of its compliance with the terms of the Agreement.
For violation of the use of the Service by the User of Public Messages, the Administration has the right to block the operation of the account of such a User on a permanent or temporary basis.
8. Confidentiality and personal data protection
When registering on the Site, the User provides the Company with information containing personal data. The User is responsible for the accuracy of the personal data provided.
The Company undertakes not to disclose information received from Users. Disclosure of information is not considered a violation of obligations in accordance with the requirements of the Law.
On the basis of a separate consent of the User, the Company (Administration) has the right to use the technology of "cookies" and / or to receive information about the IP address of the User of the Site. The Company (Administration) has the right to carry out such actions after obtaining the corresponding consent of the User, which may be obtained including by ticking the User in front of the "I Agree" (or by clicking on the "I Agree") button on the relevant information message (window). This information will not be used to identify the User's identity, except in cases of fraudulent or other unlawful actions by the User of the Site.
If the User does not want his personal data processed, then he must contact the Administration by sending an email to firstname.lastname@example.org. In this case, all information received from him (including login and password) is deleted by the Administration and the User will not have access to the Site and the ability to use its functionality.
The Company is obliged not to disclose the data of the User to third parties, except when the obligation of such disclosure is established by the requirements of the Law.
9. Copyright and property rights, trademarks
All materials on the Site, including, but not limited to, names, logos, trademarks, service marks, trade names, photographs, texts, columns, pictures, clips, and other content elements of the site (referred to hereinafter as "Content") are protected by copyright and rights of intellectual property. Content is controlled and owned by the Company, as well as by third parties who have granted permission to host the Content or provided the Site with materials in any other way. Content is protected by law, including international treaties and other laws protecting intellectual property rights.
The user is notified and he agrees that when assigning the Tasks, each Task is provided by the logo (trade mark) of the Company, which is due to the functionality of the Service.
The user should proceed from the fact that all Content of the Site is protected by copyright, unless otherwise stated, and the User cannot use the Site in a manner different from the one specified in the Agreement or without obtaining the consent of the Company.
The Company makes no warranties and guarantees that the use by the User of the materials presented on the Site will not constitute a violation of the rights of third parties. All products, services, programs and technologies described on the Site may be subject to other property rights (including, but not limited to, copyrights, trademark rights, and patent rights) owned by the Administration. The Administration reserves the right not to stipulate in detail the rights in this Agreement.
The user acknowledges and agrees that he does not receive any intellectual property rights when using, downloading, or printing copyrighted material. Any attempt to unlawfully violate the Company's rights in connection with the Content of the site, as well as any attempt to harm the site's security system, or to use the Site Content for purposes not provided for by the copyright holder is a violation of the copyright laws, trademarks, regulatory acts confidential and open information, as well as other legal norms and regulations.
No element of the Site's content shall be understood to mean the provision of a license or right in the order of presumption, deprivation of right, objection, or otherwise, including, but not limited to, the right to use any of the trademarks shown on the Site, without the written consent of the Company and / or the Administration or the third party that owns these trademarks.
Incorrect use of any trademarks or any other material placed on the Site is not allowed.
By placing information on the Site that may be attributed to intellectual property rights that are owned by the User, the latter grants its unconditional and irrevocable consent to the use of the intellectual property rights owned by the User, including trademarks by the Company, and / or Administration.
Visitors / Users are solely responsible for their actions / inactivity when using the Site and the Services in accordance with the laws of Ukraine.
In case of violation of this Agreement by the Visitors / Users, the Company / Administration reserves the right to temporarily restrict access of the Visitor / User to the Site and Services (temporary ban), and in case of gross and / or repeated breach of the Agreement, refuse access to the Services and the Site (permanent ban).
The Company / Administration is not responsible for the non-performance or improper performance by the Customers and Executors of their mutual obligations related to the Task posted on the Site.
The Company is not liable for any damages incurred as a result of the transaction (including the quality of the work performed or the quality of the services rendered) or the inappropriate behavior of any of the parties to the agreement.
The Executor is responsible to the Customer for the quality of the work / provision of services. The Company / Administration does not guarantee the quality, safety, and also guarantees for other features of the Services / works of Executors, the offers of which are placed on the Site.
Some services provided by Executors on the Site may be potentially harmful to health (eg parachute jumping). Responsibility for ordering such services lies with the Customer.
The Company is not responsible for the decisions taken by the Administration in resolving conflicts between users.
The Company is not liable for loss or other damage caused to the Visitor / User in connection with the actions of third parties.
The Company declares and does not guarantee that any file or program that can be downloaded from and / or used on this Site does not contain errors, viruses, defects or other factors that may harm the data, as well as hardware or software of the User / Visitor.
The Site's services are provided on a "as is" principle without warranties of any kind, both direct and indirect. The User voluntarily refuses to prosecute the Company and indemnify the User for possible or harmful damage.
The Company is not liable to the User / Visitor or third parties for any damage that may be caused by the use of information or materials placed on the Site.
UNDER NO CIRCUMSTANCES SHALL THE EXECUTOR BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, UNINTENTIONAL HARM, INCLUDING LOSS OF PROFIT OR LOST DATA, DAMAGE TO HONOR, DIGNITY OR REPUTATION DUE IN CONNECTION WITH USING THE SITE, CONTENT OF THE SITE OR OTHER MATERIALS TO WHICH YOU OR OTHER PERSONS HAVE ACCESSED THROUGH THE SITE, EVEN IF THE SITE ADMINISTRATION WARNED OR INDICATED THE POSSIBILITY OF SUCH DAMAGE.
11. Settlement of disputes.
In the event of the occurrence of disputes and differences between the Company and the Users / Visitors under this Agreement or in connection therewith, they undertake to resolve them by negotiation.
If any dispute, controversy or claim arising concerning this Agreement or in connection with it, including those relating to its performance, breach, termination or invalidity can not be resolved by negotiations, these disputes are considered in accordance with the current legislation in court.
If the User has claims to another User as a result of the use of the Services of the Site, the User agrees to bring these claims on its own and without interference by the Company, and also releases the Company from all requirements, obligations, compensations for the indemnification, expenses (loss) arising out of or in connection with such requirements.
In the event of a dispute between the Customer and the Executor on the performance of the Tasks that they can not resolve directly among themselves, they have the right to seek the assistance of the Administration, which has the right, but not obliged, on its own to try to resolve the situation that has occurred between the Executor and the Customer. Users agree that the Administration has the right to undertake any necessary actions following the results of the consideration of the controversial situation. The Administration's decision is final and can not be appealed.
If the relevant dispute can not be resolved by negotiation, it shall be resolved in court according to the established jurisdiction and jurisdiction of such dispute in accordance with the current legislation of Ukraine.
This Contract is regulated and interpreted in accordance with the legislation of Ukraine. Matters not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine. All possible disputes arising from the relations governed by this Agreement shall be settled in accordance with the procedure established by the legislation of Ukraine, in accordance with the norms of law of Ukraine. Everywhere in the text of this Agreement, unless otherwise specified, the terms "current legislation", "applicable law" means the legislation of Ukraine.
12. Other terms
The Company does not warrant that the Software of the Services, the Site has no errors or will operate uninterruptedly.
The Company does not guarantee the availability of the Site and Services 24 hours a day. The Company has the right at any time to refuse any Visitor, including the User, to use the Site and Services in case of violation of the Agreement or for other reasons. The Company grants to Visitors, Users a private or commercial, non-exclusive and non-transferable right to use the Site and software provided on the Site in accordance with the Agreement, provided that neither the Visitor / User nor any other persons, with the assistance of the Visitor / User, will take any action:
• copying or modifying the Software of the Site and / or the Services;
• creation of programs derived from the Software of the Site and / or Services;
• penetration into the software in order to obtain program codes;
• sale, donation, lease, transfer to third parties in any other form of rights in relation to the materials of the Site and software of the Site;
• modifications to the Site and / or Services, including for the purpose of obtaining unauthorized access to it;
• and other actions similar to those listed above and violate the rights of the Company and third parties.
The company reserves the right to remove from its servers any information or materials that, in the opinion of the Company, are unacceptable, undesirable or in breach of this Agreement or applicable law.
The company does not control information, services and products that are located in or offered through the Internet. As a result, the User accepts the condition that all goods, information, services and services offered or available through the Service or the Internet (except explicitly stated as provided directly by the Company) are provided by third parties that are not related to the Company.
The User assumes full responsibility and risks for the use of the Services and the Internet. The Company does not provide any warranties for any goods, information, facilities and services provided through the Services or through the Internet at all. The company will not be liable for any expenses or losses directly or indirectly arising from similar supplies of works / services. The user accepts the condition that he assumes responsibility for assessing the accuracy, completeness and suitability of all opinions, ratings, services and other information, quality and features of the goods provided through the Services or the Internet in general.
The Company, if available, provides placement of Tasks, presented by Users, in mass media, third-party Internet resources, books, collections, magazines, promotional materials of the Company.
All dates and times specified in the use of the Site and the Services are accounted for by the state time of Ukraine.
In addition to this Agreement, the order of providing services on the Site is determined by the following documents:
• Rules for starting work on the site.
13. Entry into force and procedure for amendments to the Agreement
The Agreement and all amendments to it enter into force from the moment of their publication on the pages of the Site.
Amendments to the Agreement may be made by the Company at any time. The User / Visitor undertakes to familiarize himself with the actual version of the Agreement before each use of the Company's Website, Services and / or facilities. If the User / Visitor decides not to agree to the changes to the Agreement, then he is obliged to refuse to use the Resource.
The visitor / user who continues to use the Recourse, services and / or facilities of the Company is deemed to be one that agrees with the changes.