This User Agreement hereinafter referred to as the “Agreement” defines the terms of use of the service located at https://makan. az hereinafter referred to as the “Service” by the Users of this Service.

1. General Terms

1.1. This Agreement regulates the rules and conditions for the use of the Service by Users.

1.2. For the purposes of this Agreement, the following terms and definitions shall have the meanings set out below:

1.2.1. Service

An internet resource located on the Internet at https://makan. az, including the website software, website design, database, any service sections and subsections, as well as information placed on the Service by the Administration and Users.

1.2.2. Administration

The entrepreneur who manages the Service in accordance with the legislation of the Republic of Azerbaijan.

VÖEN: 1702404502

All ownership rights to the Service belong exclusively to the entrepreneur.

1.2.3. User

Any legal entity or individual who has accepted the terms of this Agreement and uses the services of the Service.

1.2.4. Personal Account

A section where data and settings defined or placed by the User are stored. Each User has the right to have only one Personal Account.

1.2.5. User Balance Account

An account belonging to the User and intended for recording the balance of funds that may be used exclusively for payments within the makan. az website.

1.2.6. User’s Personal Information

Information voluntarily provided by the User to the Administration during registration or automatically transmitted in the process of using the Service, including IP address, cookie data, information about the User’s browser, and other information about the User.

1.2.7. Information

Any data placed on the Service by the User or the Administration.

1.2.8. Spam

Mass, unauthorized and/or unwanted advertising, informational, promotional, or other postal or other messages not requested by the recipients.

1.2.9. Service Package

A set of services specially created for Users engaged in commercial activity, including additional services, bonuses, discounts, and advertisements. By purchasing a package, the User receives certain advantages. The amount paid for the Service Package is not refundable after its activation.

1.2.10. Discount

A reduction in the actual cost of paid services used for promoting advertisements.

1.2.11. Property

Goods, works, services, material and technical resources, property and non-property rights.

1.2.12. Parties to this Agreement

The Administration and the User.

1.3. The use of the services and materials of the Service is regulated by the provisions of applicable legislation, as well as by this Agreement.

1.4. This Agreement is a public offer.

1.5. By using the services of the Service, the User joins this Agreement and accepts the terms and obligations to comply with the instructions for using the services of the Service.

1.6. If the Service is used on behalf of a company, such company also accepts this Agreement and its terms.

1.7. The Administration has the right to change the terms of this Agreement unilaterally at any time.

1.8. If the User does not agree with the terms of this Agreement or with any amendments made to it, the User must refuse access to the Service and stop using the services of the Service.

1.9. The provision of certain services may be regulated by special rules and/or additional agreements.

1.10. The User accepts that all materials and services of the Service, or any part thereof, may be accompanied by advertising. The User agrees that the Administration bears no responsibility and has no obligations in connection with such advertising.

1.11. Registration on the Service is voluntary. When registering on the Service, the User gains access to additional services of the Service. The Administration reserves the right at any time to require the User to confirm the information provided during registration, as well as to provide supporting documents.

1.12. The User undertakes to keep their password confidential. The User is responsible for all actions performed using their email address and password, as well as for all actions performed in the User Balance Account. The Administration is not responsible for changes to the User’s email address and password.

1.13. The Administration has the right to use special technical solutions to verify the accuracy of information provided by Users during registration and/or authorization.

1.14. The Administration does not guarantee the accuracy of the information provided by the User during registration on the Service.

1.15. The Administration reserves the right, at its own discretion, to suspend the User’s access to services if the User violates the terms of this Agreement.

1.16. The Administration has the right to restrict or suspend the User’s access in case of violation by the User of the rights of other persons or applicable legislation, as well as for other reasons at its own discretion.

1.17. A User whose access to services has been suspended or whose data has been found to be unreliable does not have the right to register again without the special permission of the Administration.

2. Use of the Service. Posting Advertisements

2.1. The Administration grants all registered and unregistered Users the right to post advertisements on the Service after completing a special form.

2.2. The User agrees not to take actions that may violate legislation or international law, including violations in the field of intellectual property, copyright and/or related rights, as well as any actions that may disrupt the normal operation of the Service.

2.3. All transactions regarding Property are concluded directly between Users. The Service is not a participant and/or intermediary in transactions carried out by Users. The Administration does not control such transactions and is not responsible for them.

2.4. The User’s comments and other entries on the Service must not contradict the requirements of legislation or generally accepted moral standards.

2.5. The User is informed that the Administration is not responsible for the User’s access to and use of external resources, links to which may be available on the Service. The Administration is not responsible for the content of advertisements, links to other resources, or other information indicated in the descriptions of advertisements.

2.6. The User grants the Administration a worldwide, perpetual, irrevocable, non-exclusive right to use, distribute, publish, collect, process, display, copy, and reproduce advertisements, data, and information provided by the User free of charge.

This right includes the use of data, images, photographs, video and audio materials, databases, publications, copyrighted works and intellectual property objects, as well as any other information placed by the User on any known or unknown information carriers.

The above rights are granted to the Administration free of charge.

The User grants all Users of the Service the right to access the information placed by the User. At the same time, the User retains intellectual property rights to the materials placed by the User on the Service.

2.7. The Service is not responsible for the violation of third-party rights in connection with the provision of any information and data by the User.

2.8. The User of the Service undertakes to post advertisements in accordance with the instructions of the Service and to provide accurate and complete information about the Property and the terms of its sale. The User must verify the information about the Property specified in the advertisement and, if incorrect or incomplete data is found, correct or supplement the necessary information in the advertisement.

2.9. By posting an advertisement for Property, the User confirms that they have the right to perform the actions indicated in the advertisement with respect to such Property.

2.10. The User confirms that they have all necessary rights, licenses, and permissions to post information and data in advertisements on the Service, including rights to patents, trademarks, trade secrets, intellectual property objects, or that they have the appropriate written consent, license, or permission of third parties to use their names, images, or other objects.

2.11. The Service has the right to request from the User additional information about the posted Property and/or documents confirming the data provided by the User. The Service has the right to suspend publication until such documents or information are provided.

2.12. The User has the right to place on the Service any Property belonging to them, provided that no special permits are required and subject to compliance with the applicable rules of use.

2.13. In order to maintain a high quality of services, the Service reserves the right to limit the number of active advertisements of the User on the Service, as well as to restrict the User’s actions on the Service.

2.14. The description of the Property specified by the User in the advertisement constitutes the terms of sale of such Property.

2.15. The terms of service provision or terms of sale specified in the advertisement, the description of the Property, as well as other terms of the advertisement, must not contradict applicable legislation or this Agreement both at the time of posting the advertisement and in the future.

If any term of the advertisement becomes or is recognized as inconsistent with applicable legislation and/or this Agreement as a result of changes to legislation or this Agreement, such terms or advertisement must be corrected or changed by the User in such a way as to eliminate any inconsistencies.

If it is impossible to make the relevant changes, such advertisement must be deleted by the User. In the cases specified in this clause, the Administration reserves the right to edit or delete such advertisements without prior notice to the User.

2.16. The publication of advertisements on the Service must not violate applicable legislation, contradict generally accepted moral standards, be offensive or inappropriate, or violate the rights of third parties. The User must ensure that the offer does not violate applicable legislation or the terms of this Agreement.

2.17. The use of paid services does not guarantee that an advertisement will not be blocked by the Administration in case of violation of this Agreement. In case of violation of the advertisement posting rules, funds paid for paid services are not refunded.

2.18. It is prohibited to place in an advertisement links to pages of websites containing offers for sale, use, or other information about goods and services.

2.19. The User undertakes not to support the provided services and not to distribute information:

2.19.1. about other trading platforms, online auctions and/or online stores;

2.19.2. about other services offering goods and services presented on the Service for the same or lower price;

2.19.3. about other services offering goods and services prohibited for sale on the Service.

2.20. The User undertakes not to use automatic programs to access the Service without the written permission of the Administration. The use of computer programs that allow advertisements to be posted bypassing the normal advertisement posting procedure is prohibited without the written permission of the Administration.

2.21. In addition, the User undertakes:

2.21.1. not to take any actions that may lead to excessive load on the infrastructure of the Service;

2.21.2. not to copy, reproduce, modify, distribute, or make available to the public any information contained on the Service without the prior written permission of the Administration;

2.21.3. not to interfere with the operation of the Service in order to restrict or obstruct access to it, and not to interfere with the operation of automated systems or processes.

2.22. The data provided by the User and the User’s actions on the Service must not:

2.22.1. be false, inaccurate, or misleading;

2.22.2. facilitate fraud, deception, or abuse of trust;

2.22.3. lead to transactions involving stolen or counterfeit items;

2.22.4. violate the property of a third party, their trade secret, or their right to privacy;

2.22.5. contain information that insults anyone’s honor, dignity, or business reputation;

2.22.6. contain slander or threats against anyone;

2.22.7. incite the commission of a crime or inflame interethnic hostility;

2.22.8. facilitate, support, or call for terrorist or extremist activity;

2.22.9. be obscene or pornographic in nature;

2.22.10. contain computer viruses or other computer programs aimed, in particular, at causing harm, unauthorized interference, secretly obtaining or misappropriating data of any system or the system itself, any part thereof, personal information, or other data, including data of the Service;

2.22.11. contain advertising materials;

2.22.12. violate the intellectual rights of third parties, the right of a citizen to their image, and other rights of third parties;

2.22.13. otherwise violate applicable legislation.

2.23. The User is prohibited from posting advertisements on the Service, entering into or performing transactions using the services of the Service, if this may lead to a violation of applicable legislation by the Service and/or the User.

2.24. The Administration has the right to advertise the Property for which an advertisement has been placed on the Service in a manner different from the method specified by the User when submitting the advertisement.

2.25. The Administration has the right to change, suspend, terminate, or extend the display periods of any advertisement for reasons dependent or independent of the Service.

2.26. The Administration has the right at any time to stop the display of any advertisement due to violation of the rules set forth in this Agreement, violation of the rights of other Users or applicable legislation, as well as for other reasons.

2.27. The Administration has the right to edit advertisements, transfer them to other categories, and perform any other actions with Users’ advertisements.

2.28. The Administration has the right to refuse the placement or publication of an advertisement.

2.29. The requirements for advertisement formatting and the rules for posting advertisements on the Service may be reviewed by following the relevant link.

2.30. The User bears full and independent responsibility for the content of advertisements in accordance with applicable legislation.

3. Paid Services

3.1. Users may order paid services on the Service.

3.2. Types of paid services:

3.2.1. Search promotion.

3.2.2. VIP.

3.2.3. Premium.

3.2.4. Paid advertisement.

3.3. Prices for services, as well as the procedure for ordering paid services, are indicated on the relevant pages of the Service.

3.4. A User who has paid for the services of the Service has the right to contact the Administration with a request for a refund. The decision to refund or refuse to refund funds is made by the Administration unilaterally.

3.5. The Administration has the right to refuse to refund funds to the User in the following cases:

3.5.1. The User regularly violates the terms of this Agreement.

3.5.2. If the service has been activated, and also if the advertisement has been deleted after moderation.

3.5.3. The User has posted an advertisement about prohibited goods, services, or offers.

3.5.4. In case of any failures in the payment system. The Service is not responsible for the operation of payment systems through which Users pay for the services of the Service. In such case, the issue of refunding funds is resolved individually.

3.5.5. In other cases by decision of the Administration.

3.6. The refund procedure is determined by the Administration and the User for each specific case.

4. Communication

4.1. The Administration has the right to send Users emails and/or short messages — SMS — to the email addresses or phone numbers specified by them. Service messages may be published on the Service.

4.2. The User also understands, accepts, and agrees that such emails and messages may contain, including but not limited to, offers from other Users to enter into a transaction, offers and other information, informational and/or advertising messages, as well as other messages. The User understands, accepts, and agrees that such messages and/or their individual parts may be advertising in nature and may contain advertisements, information, and other announcements.

4.3. Messages published on the Service are considered delivered to the User from the moment of their publication.

4.4. The Administration is not responsible for the use by other Users and/or automated systems — robots — of message posting forms on the Service.

4.5. The Administration is not responsible for the use by other Users and/or robots of phone numbers and email addresses placed by the User on the pages of the Service.

4.6. The User confirms that the Administration has the right to transfer email addresses and phone numbers to third parties for the purpose of sending emails and messages to Users.

4.7. Correspondence between the User and the Administration or moderators of the Service is carried out through the email mailbox specified on the Service.

4.8. The User is prohibited from posting comments, discussions, or other entries on the Service regarding the actions of moderators and the Administration.

4.9. The User may at any time refuse to receive messages to their phone number or email address by sending the relevant request.

5. Software

5.1. The Administration is the exclusive owner of the domain name on which the website is hosted, the website itself, mobile applications, as well as the entire Service and all software of the Service.

5.2. When downloading software, the Administration grants the User a personal, free, simple license to use the software without the right to transfer it to third parties.

5.3. Taking into account the functions of the Service, such license is intended exclusively to provide the User with the opportunity to use the services of the Service and benefit from them.

5.4. Copying, modifying, distributing, selling, exchanging, or leasing intellectual property objects of the Service or the Administration, including software, in whole or in part, as well as attempts to hack or obtain the source code of the software without the written permission of the Administration, are prohibited.

6. Limitation of Liability

6.1. All information provided by the User on the Service, including personal data, is placed by the User for the sale or realization of their Property.

6.2. The User places certain information about themselves exclusively in their own interests, including to simplify communication with the User and/or to identify the User.

6.3. By placing information about themselves, the User understands and agrees that such information is placed on the Service in public access, meaning it is available for review by any client or User of the Service.

6.4. The User understands and assumes all risks related to such placement of information, including but not limited to: the risk of their email address being included in spam mailing lists, the risk of their email address falling into the hands of various fraudsters, the risk of their phone number falling into the hands of SMS spammers and/or SMS fraudsters, as well as other risks arising from such placement of information.

6.5. The Service is not an organizer, intermediary, buyer, or seller of transactions regarding Property.

6.6. The Service is not responsible for the conclusion and performance of transactions by Users of the Service, for damage caused as a result of concluded transactions, lost profits, income, financial losses, or indirect, actual, incidental, or punitive damages, as well as for the consequences of unlawful actions of any person.

6.7. By using the services of the Service, the User confirms their agreement that they use the Service at their own responsibility and bear all risks related to the use of advertisements placed on the Service.

6.8. The Service is a tool that provides Users with the opportunity to post advertisements about Property, the sale and/or acquisition of which is permitted by law, this Agreement, and other rules for using the Service.

6.9. The Service does not always verify advertisements placed by Users. Therefore, the quality, safety, legality, and compliance of the property with its description, as well as the seller’s ability to sell the property and the buyer’s ability to acquire it, are beyond the control of the Service.

6.10. The Service cannot control the reliability of information placed by Users in advertisements.

6.11. The Service, its Administration, management, and employees bear no responsibility for the content of advertisements placed on the Service, as well as for their reliability.

6.12. The Administration, its management, and employees bear no responsibility for the content of any messages, including those received by Users via email and/or mobile phone, or for any other use of Users’ contact information.

6.13. The User understands that the mere fact of placing an advertisement on the Service is not a guarantee that the offer, sale, and/or acquisition of any Property is valid and lawful. The User independently decides whether to complete a transaction.

6.14. To the extent permitted by law, the total liability of the Service for any claims is limited to the amount paid by the User for the use of the Service’s services or, at the discretion of the Service, to the repeated provision of such services to the User.

6.15. The User agrees that all disputes between the User and other Users and/or clients of the Service, including disputes arising as a result of transactions, shall be resolved by the User independently without involving the Administration.

6.16. The Administration is not responsible for any software failures, breakdowns, and other technical or software malfunctions that may be transmitted to the Service or through the Service by third parties, as well as for errors, software viruses, and similar issues.

6.17. The User agrees that the Administration bears no responsibility to the User and has no direct or indirect obligations in connection with any content of the Service, possible or incurred losses or damages resulting from transactions made by the User, copyright registration and information about such registration, goods or services available on the Service, or any other relations entered into by the User using information placed on the Service.

6.18. The Administration is not responsible for any software failures, breakdowns, and other technical or software malfunctions that may be transmitted to the Service or through the Service by third parties, as well as for errors, software viruses, and similar issues.

6.19. The User undertakes to act exclusively in accordance with applicable legislation and this Agreement, and to independently bear full responsibility for their actions and omissions when using the Service and the services of the Service.

6.20. In the event that a User’s rights are violated by another User of the Service, including the unlawful use of an intellectual property object and other violations, the User whose rights have been violated may submit the relevant complaint to the Administration or moderators. The Administration undertakes to review the complaint and, if it is justified, to take measures to stop the violation of the User’s rights.

7. Term of Validity of the Rules of Use

7.1. This Agreement enters into force from the moment the User starts using the services of the Service, regardless of whether the User registers on the Service or posts an advertisement, and remains valid indefinitely.

7.2. The User has the right to stop using the services of the Service at any time. After that, the User no longer has the right to post new advertisements.

7.3. The Service has the right, at its own discretion, to suspend the User’s access. A User whose access to services has been suspended or whose data has been found to be unreliable has no right to register again without the special permission of the Administration, and also has no right to use another User’s registration data to access the Service.

8. Other Terms

8.1. In the event of disputes, the parties to this Agreement undertake to resolve them through negotiations. Disputes arising during the performance of this Agreement and the provision of the services of the Service must be resolved in accordance with applicable legislation.

8.2. The legislation of Azerbaijan applies to all disputes.

8.3. The Service has the right to amend this Agreement unilaterally and without notifying Users. The new version of the Agreement enters into force from the date of its publication on the Service.

8.4. Nothing in this Agreement may be understood or interpreted as establishing agency relations, partnership relations, joint activity relations, employment relations, or any other relations between the User and the Administration not directly provided for by this Agreement.

8.5. Recognition by a court of any provision of the Agreement as invalid or unenforceable shall not result in the invalidity of the remaining provisions of the Agreement.

8.6. The Administration’s inaction in the event of a violation of any provision of the Agreement does not deprive the Administration of the right to take appropriate actions in the future to protect its interests and rights.

8.7. All other terms and circumstances not provided for in this Agreement shall be regulated separately on an individual basis.

The User confirms that they have read all clauses of this Agreement and unconditionally accepts them in full.