This "Agreement" regulates the relationship between Tenderyard LLC and internet users who register on its website, tenderyard.com, and use the services of this site. We kindly ask you to familiarize yourself with the following terms and conditions, which are mandatory for all users of this Site (www.tenderyard.com). Please note that by using this Site, you agree to the terms specified in this Agreement.
1. Terms and definitions
Tenderyard.com or Website – An electronic page located on the internet at the address https://tenderyard.com/ (including all domain levels) consisting of software, data, and graphic design (layout) of the Interface.
Administration – "Tenderyard" LLC, registered and operating in accordance with the legislation of the Republic of Azerbaijan (VAT: 2008607321), (Address: AZ1025, Baku, Khatai District, Khodjali Avenue 37 DEMIRCHI TOWER)) (support@tenderyard.com).
Users – Internet network users who use the Website.
Profile – The user's personal section on the Website.
Login – The process of granting access to the Personal Account by assigning a unique identifier to the user.
Personal Account – An account used to track the balance of funds that can be used to access paid services on the Website.
Personal Data – Information or a set of data independently provided by the User when accessing or using the Website, including personal data automatically transmitted to the Administration during the User's use of the Website, such as IP address, cookie data, information about the User’s browser, and other User data.
The information – Any information posted on the site by the User or Administration.
Spam – mass, unauthorized and/or unsolicited advertisements, information, promotional, or other types of mailings.
Product – Any product, commodity, service, work, etc., posted by the User on the Site.
Announcement – A purchase request or sales offer posted by the User on the Site, addressed to an indefinite number of individuals (including contact information, photos, and any related information).
Services – Functional features available to the Users of the Site.
Packages – A set of services/bonuses/discounts/announcements designed for Users and commercially beneficial.
Bonuses – The funds in the personal accounts created by users on the tenderyard.com website.
Discount – A reduction in the price of paid services offered on the Site for promoting announcements.
Legislation – The laws, decrees, decisions, orders, regulations, guidelines, and other normative legal acts in force and applied within the territory of the Republic of Azerbaijan.
1. General Provisions
1.1. This Agreement regulates the relationship between the Administration and the Users.
1.2 This Agreement defines the terms of use of the Site by the Users.
1.3 Access to the Site is provided through special software (browser) that enables the opening of web pages.
1.4. Any term or concept used in this User Agreement that is not reflected in paragraph 1 will be interpreted according to the meaning derived from the text of the Agreement. In case of any disagreement regarding the interpretation of a term or definition used in the Agreement, the interpretation regulated by the law will apply.
1.5 The use of the Site's materials and services is regulated by the applicable legislation, as well as the provisions of this Agreement.
1.6 By using the Website's services, the User agrees to this Agreement and accepts the terms and obligations to comply with the rules for using the Website's services.
1.7 The Administration has the right to unilaterally modify the terms of this Agreement at any time.
1.8 The new version of the Agreement comes into effect on the day it is published on the Website. The User is personally responsible for being aware of any changes made to this Agreement.
1.9 The provision of individual services by the Website may be regulated by additional specific rules and/or supplementary agreements.
1.10 It is prohibited to act on behalf of other individuals, groups, or organizations with the intention of misleading, confusing, or deceiving other Users.
1.11 The Administration reserves the right to suspend the access of a User to the services and/or block the User if they violate the terms of this Agreement or infringe upon the rights of others or the provisions of applicable legislation. A blocked User is restricted from using the functionality of the Website.
1.12 A User whose access to the Website's functional capabilities is restricted or whose information has lost its validity is not allowed to use the Website again without the Administration's permission.
2. Registration on the Website
2.1. Those who wish to use the Website's services must register on this site. Registration can also be done through a mobile application (MA) installed on the phone or via social media profiles.
2.2. In order to ensure the validity of the mutual business relationships to be established, the information provided during registration must belong to the person registering, be current at the time of registration, lawful, truthful, and not violate the rights and freedoms of others. In case of any non-standard situations identified by Website users, the administration should be notified at (support@tenderyard.com). The administration may conduct additional verification measures to identify such situations. Within the scope of the verification procedures carried out by the administration, the profile owner is responsible for providing accurate, current, and lawful answers to the questions posed (including requests for video footage). If the obtained information is unsatisfactory to the administration during these procedures, this Agreement may be terminated unilaterally, and the user profile may be temporarily suspended or blocked, or even closed.
2.3. The Administration creates a unique profile for each registered user.
2.4. Registration can only be completed once for a single phone number.
2.5. Phone numbers registered to canceled or blocked profiles cannot be reused for re-registration on the Website.
2.6. When registering via social media profiles, additional information may be requested by the administration.
2.7. The registered person is responsible for the transfer of security passwords created for registration on the Website to other users.
2.8. In the event that it is determined that unauthorized individuals have used the registered person's profile or personal information has been compromised, the profile owner is responsible for notifying the administration about this matter (support@tenderyard.com).
2.9. The registered person agrees to the sharing of their phone and address information on this Website and among other users of the Website for purposes related to the use of the Website, as determined by the administration.
2.10. Website users undertake not to transmit the phone and address information obtained from other users to third parties and other users, and not to use this information for purposes other than those intended by the Website. They are responsible for this commitment.
3 Posting Announcements
3.1. The Administration grants all Users, except for those blocked by the Administration, the right to post Announcements on the Website after completing a special form.
3.2. The Website Administration verifies (checks) the number entered by the User, and access to the User's Personal Cabinet is granted.
3.3. The User undertakes to keep the confirmation code secret in order to access the Website. The User is responsible for transactions made using their phone number and code, as well as for operations carried out in their Personal Cabinet. The User has the right to use the Website solely through their own email address and phone number.
3.4. The Administration has the right to use special technical means to verify the accuracy of the information provided by the User when accessing the Website.
3.5. The User undertakes not to engage in any actions that may constitute a violation of the law or international law, including but not limited to actions related to intellectual property, copyright, and/or related rights, or any other actions that may cause or lead to the malfunctioning of the Website.
3.6. The User's comments and other entries on the Website must not violate legal requirements or generally accepted moral and ethical standards.
3.7. The Administration is not responsible for the content of the announcements, links to other resources, or any other information provided in the description of the announcements.
3.8. In order for the Administration to obtain the right to publish the announcements, information, and data provided by the User, the User grants the Administration a universal (valid everywhere), perpetual, irrevocable, non-exclusive right to use, publish, share, collect, process, display, reproduce, duplicate, and mirror the provided materials, including information, images, photos, databases, posts, copyrights, and intellectual property rights, as well as any other data submitted by the User on any known or unknown data carriers. The above-mentioned rights are granted to the Administration free of charge. The User grants all Website users access to the information posted by them. At the same time, the User retains any intellectual property rights related to the materials posted on the Website.
3.9. The Administration is not responsible for any violation of third-party rights related to the submission of any information and data posted in an announcement by the User.
3.10. The User undertakes to post announcements in accordance with the Website's rules, and to provide accurate and complete information about the Product and its sales terms. The User must verify the information about the Product mentioned in the posted announcement and make the necessary corrections or additions if any incorrect or incomplete information is found.
3.11. By placing an advertisement for a Product, the User confirms that they have the right to perform the actions stated in the advertisement regarding this Product.
3.12. The User confirms that they have all the necessary rights, licenses, and permissions, including patents, trademarks, trade secrets, and intellectual property rights, to place information and data in the advertisements on the Site, or that they have the relevant written consent, license, or permission from third parties for the use of their names, images, or other objects.
3.13. The Administration has the right to request supporting documents and/or additional information from the User regarding the placed Product or the information provided by the User. The Site has the right to delay the publication of the advertisement until such documents or information are provided.
3.14. The Administration has the right to limit the number of active advertisements of the User on the Site, as well as to restrict the User's activity on the Site, in order to maintain the high quality of services.
3.15. The description of the Product provided by the User in the Advertisement determines the terms of sale of the Product.
3.16. The service conditions or the description and sale terms of the Product indicated in the Advertisement, as well as other terms of the advertisement, must not contradict the applicable legislation and this Agreement, both at the time the advertisement is placed and in the future. If any condition of the advertisement no longer complies with the applicable legislation and/or the Agreement due to changes in the legislation or this Agreement, or is considered non-compliant, such conditions or advertisements must be amended or modified by the User to ensure compliance. If it is not possible to make the necessary amendments, such advertisement must be canceled by the User. In the event of such circumstances, the Administration reserves the right to edit or cancel such advertisements without prior notice to the User.
3.17. It is prohibited to publish advertisements on the Site that violate applicable legislation, contradict generally accepted moral standards, are offensive or inappropriate, and irrelevant, or violate the rights of third parties. The User must ensure that the offer does not violate applicable legislation and the terms of this Agreement. The information provided by the User and their actions on the Site must comply with the following conditions:
3.17.1. It must not be false, inaccurate, misleading, or deceptive;
3.17.2. It must not lead to fraud, lies, or abuse of trust;
3.17.3. It must not involve transactions with stolen or counterfeit items;
3.17.4. It must not infringe upon the property of a third party, their trade secrets, or violate their right to privacy;
3.17.5. It must not contain information that insults the honor, dignity, or business reputation of others;
3.17.6. It must not contain defamation or threats against any individuals;
3.17.7. It must not incite the commission of a crime or provoke ethnic hatred;
3.17.8. It must not lead to, support, or call for terrorism or extremist activities;
3.17.9. It must not be obscene or contain pornographic content.
3.17.10. It must not contain computer viruses or any other computer programs aimed at damaging or unauthorizedly accessing the data or system of any system, or any part thereof, personal information, or other data (including the Service's data), or designed for the illegal interception or appropriation of such information.
3.17.11. It must not contain promotional materials unrelated to the placed Product;
3.17.12. It must not violate the intellectual property rights, rights of personal depiction, or other rights of third parties;
3.17.13. It must not violate any applicable legislation in any way.
3.18. It is prohibited to share links to web pages that contain information about the sale, use, or other details related to products and services in the advertisement.
3.19. The User agrees not to support the following sources and not to disseminate information about the services they provide:
3.19.1. Other commercial platforms, online auctions, and/or online stores;
3.19.2. Other websites offering the same or lower prices for products and services presented on the Site;
3.19.3. Other websites offering products and services that are prohibited for sale on the Site.
3.20. The Administration has the right to promote the Product placed in an advertisement on the Site using a method different from the one specified by the User.
3.21. The Administration has the right to change the location, suspend, terminate, or extend the publication time of any advertisement, for reasons within or beyond its control.
3.22. The Administration has the right to edit advertisements to align with the stylistic standards of the Site and move them to other categories.
3.23. The requirements for the design of advertisements are specified in the section for placing advertisements on the Site.
3.24. The User bears full and exclusive responsibility for the content of the advertisements in accordance with the applicable legislation.
3.25. The Administration reserves the right to request confirmation of the information provided by the User when placing an advertisement, as well as supporting documents, at any time.
3.26. The User can place advertisements on the Site for free within the limits specified for each Category. The limits for specific Categories, limits for Business Users, and cases where no limit applies are outlined in the "Category Limits" section.
3.27. The Site may notify the User via a message to their Personal Cabinet about the depletion of their limit. If the User places another advertisement on the Site or in a Category where no limit is provided, it will be subject to a fee.
3.28. Site users understand that advertisements related to goods and services whose sale and purchase are prohibited by legislation, as well as unethical and immoral offers, damage the business reputation of the Site. Users are responsible for taking all necessary measures to prevent such situations from leading to legal actions by the administration.
4. Paid Promotion Services for Advertisements
4.1. The activation of Paid Promotion Services occurs when you make payment for those Services. The amount paid for the service is non-refundable once the service has been activated.
4.2. The Administration is not responsible for the effectiveness of the Promotion Services, which may be understood as the actual increase in interest towards the advertisement.
4.3. The Administration reserves the right to change the price of Promotion Services at its discretion. The current price of Promotion Services is always displayed on the relevant page for obtaining the services and remains visible to the User until the service is purchased.
4.4. The Administration is not responsible for any malfunctions in the payment systems used by Users to pay for the Site's services. In such cases, the issue of refund is handled individually.
4.5. The terms of payment and refund for Paid Services are governed by the contract based on the General Offer.
5. Payment
5.1. The User will be provided with visual information about the current price of the selected Paid Services on the Site. All prices displayed on the Site are inclusive of VAT (Value Added Tax) and are expressed in the national currency, taking VAT into account.
5.2. The provision of a Paid Service begins only after the full payment for the service has been transferred to the Site's account.
5.3. If the advertisement is canceled by the User and its publication is terminated before the scheduled time, and the Product has been sold, or if the subject of the Advertisement is changed to show a different Product that was not previously set by the User, the amount paid for the Paid Services will not be refunded for the unused period of the Advertisement.
5.4. Advertisements that violate the law or the terms of this Agreement, such as those added to the wrong category, similar or duplicate ads, spam, offensive or pornographic material, or fraudulent attempts that infringe copyright, will be canceled. Any payments previously made for the advertisement and related Paid Services will be refunded to the User's Personal Cabinet. Upon the User's request, the payment may be refunded directly to the bank account from which the payment was made. If an advertisement is canceled after being placed on the Site, the User will be charged for the services provided until the advertisement is removed from the Site. If an advertisement is canceled after being placed with the possibility of editing, the payment for related Paid Services will not be refunded, as the User has the opportunity to use the Paid Service for the duration it is active after any issues are resolved and the advertisement is published.
5.5. Payments made for services rendered in accordance with the applicable rules are non-refundable.
6. Personal Account and Bonuses, Conditions for Calculation and Use
6.1. Main Balance – The funds in the User's Personal Account on the Site, which have been added by the User using one of the available methods on the Site.
6.2. Bonuses are added by the Administration for purchasing a Package on the Site. More detailed information can be obtained in the "Packages" section. All calculated Bonuses are accumulated in the User's Personal Cabinet.
6.3. The Bonuses calculated by the Site cannot be converted into cash equivalents or transferred to third parties.
6.4. Gift bonuses are transferred to the User's Bonus balance at the Administration's discretion. The validity period of these bonuses is determined by the Administration.
6.5. Bonuses are transferred to the User's Personal Account within one day from the moment the payment for the service package is made.
6.6. Bonuses are time-limited and expire within 6 months from the moment the last service package is obtained, unless otherwise specified by the Administration.
6.7. Bonuses that the User is unable to use within the validity period are canceled and cannot be restored.
6.8. Bonuses that are mistakenly credited to the User’s account due to errors and/or actions by the User or others that involve elements of dishonesty, or for other reasons determined by the Administration, may be canceled by the Administration's decision without prior notice to the User.
6.9. The sequence for withdrawing funds from the Personal Account:
6.10. When bonuses are available, payment for services is first made from the Bonus balance in the Personal Account. Once the Bonus balance is depleted, the payment will be made from the funds in the Main balance.
6.11. If both the Bonus balance and the Package balance exist in the User's Personal Account, the payment for services is first made from the Package balance, and then from the Bonus balance.
6.12. Bonuses that have expired or have been partially used for other reasons are not compensated.
6.13. If the User refuses to use the Site on the initiative of the User and/or the Site Administration, all previously granted Bonuses will be canceled from the Personal Account in a non-refundable manner.
6.14. If, due to technical reasons, it is not possible to remove existing Bonuses during payment for services, the withdrawal of funds from the account is completed without using the Bonuses.
6.15. The Administration has the right to block/cancel Bonuses without prior notice in the following cases:
6.15.1. If the User does not comply with the Site's rules;
6.15.2. If the User engages in or intends to engage in any actions showing signs of fraud, deception, or other manipulations that could cause or have caused material damage, moral harm, or other negative consequences;
6.15.3. If the User abuses any rights granted within the scope of the package services;
6.15.4. If the User provides misleading or false information;
6.15.5. In accordance with the requirements of applicable legislation.
7. "Messages" Service
7.1. Users can use the "Messages" Service to discuss products placed on the Site. The use of this Service for any other purposes is prohibited.
7.2. Messages sent between Users through the Site are considered personal, and the Site Administration is not responsible for them. However, the Administration has the right to review these messages to ensure compliance with the rights and obligations specified in the User Agreement. This right is exercised to ensure that the Administration acts in accordance with the User Agreement and applicable legislation.
7.3. The ability for a User to send messages through the "Messages" function may be used by third parties without any influence or control by the Administration. The Administration is not responsible for the use of the message-sending feature by other Users and/or automated systems (robots).
8. Communication
8.1. The Administration reserves the right to send emails and/or short messages (SMS) to the electronic email addresses or phone numbers provided by Users regarding the Site’s operations, advertisements, newsletters, new features of the Site, and so on. These messages may also be repeated on the Site itself.
8.2. The User understands, accepts, and agrees that such messages and/or their individual parts may be of an advertising nature and may contain advertisements, information, and other announcements.
8.3. Messages published on the Site are considered delivered to the User from the moment they are posted.
8.4. The User's correspondence with the Site Administration is conducted using the email address provided on the Site.
8.5. The User may opt out of receiving messages by sending a relevant request to stop receiving messages to their phone number or email address at any time.
9. Use of the Site
9.1. The Administration is the exclusive owner of the domain name where the Site is hosted, the Site itself, mobile applications, as well as all the software and the entire software system of the Site.
9.2. When downloading the software, the Administration grants the User a personal, free, non-exclusive license to use the software without the right to transfer it to third parties.
9.3. Such a license is intended to provide the User with the opportunity to use the Site's features and take advantage of them according to the functionalities of the Site.
9.4. It is prohibited to copy, modify, distribute, sell (convert into money), lease, or attempt to "crack" or obtain the source code of the software, including any part of the Administration's (Site's) intellectual property (including software), without the Administration's written consent.
9.5. Additionally, the User undertakes the following obligations:
9.5.1. Not to take any actions that may lead to excessive loading of the Site's infrastructure;
9.5.2. Not to copy, reproduce, modify, distribute, or publicly present any data on the Site, without the prior written consent of the Administration;
9.5.3. Not to interfere with the operation of the Site;
9.5.4. Not to use any computer programs, robots ("bugs"), or other automated algorithms and methods aimed at the illegal "downloading" (collecting), transmitting, copying, blocking, modifying, deleting data, or ignoring any restrictions specified by the Site Administration in the parameters of the Site.
9.6. The User undertakes not to use special software (programs) to gain access to the Site without the written consent of the Administration.
9.7. Without the written permission of the Administration, the use of special software that bypasses the rules for posting ads and allows placing ads is prohibited.
10 Limitation of liability
10.1. All information provided by the User on the Site is posted by the User for the sale of their Product.
10.2. The User places information about themselves from their own perspective, including to facilitate communication with the User and/or to ease their identification.
10.3. By submitting information about themselves, the User understands and agrees that this information will be made publicly available on the Site, meaning it will be accessible to any visitor and Site Users.
10.4. The User assumes all risks associated with submitting information in this manner, including but not limited to, the risks of the email address being added to spam mailing lists, the email address being exposed to various types of fraudsters, the phone number falling into the hands of SMS spammers and/or fraudsters, and any other risks that may arise from submitting information in this way.
10.5. The Site is not the organizer, intermediary, seller, or buyer of transactions related to the Product.
10.6. The Site is not responsible for the execution and completion of transactions carried out by the Site's Users, nor for any damages, lost profits, revenues, financial losses, or indirect, actual, incidental, or punitive damages caused by unlawful actions of any party resulting from such transactions.
10.7. By using the services of the Site, the User confirms their full and unconditional agreement with all the terms of this Agreement and the Privacy Policy.
10.8. The Site serves as a tool, providing Users the opportunity to post ads related to Products that are legally allowed, in accordance with this Agreement and the Site's other rules, for the sale and/or acquisition of the Product.
10.9. The Administration does not monitor the accuracy of the information posted in the ads by Users.
10.10. The Administration is not responsible for the content of the ads posted on the Site, nor for their accuracy.
10.11. The Administration is not responsible for the content of any messages (including those received by the User’s email address and/or mobile phone), nor for the use of Users' contact information in other ways.
10.12. The User understands that the mere fact of posting an offer for any Product on the Site does not guarantee that its sale and/or purchase is legitimate or accurate. The decision to carry out a transaction is made by the User independently.
10.13. The Administration's total liability for any claims is limited to the amount paid by the User for the use of the Site's services (at the discretion of the Site) or by re-providing those services to the User.
10.14. The User agrees that any disputes arising between the User and other Users and/or visitors of the Site (including those resulting from transactions) will be resolved independently by the User, without the involvement of the Administration.
10.15. The User agrees that the Administration is not liable for any possible or incurred losses and damages arising from the content of the Site and/or transactions carried out by the User, the registration of copyrights, or any information related to such access, products or services available on the Site, or any other relationships the User establishes by using the information posted on the Site. The Administration does not bear direct or indirect obligations to the User in such cases.
10.16. The Administration is not liable for any defects, malfunctions, or other technical or software-related issues, including errors, program viruses, and similar defects, in any software that may be transmitted to the Site or via the Site by third parties.
10.17. It is prohibited to use technical means other than those provided by the service platform without the Administration's consent.
10.18. The User agrees to act in accordance with the applicable legislation and this Agreement, and assumes full responsibility for all actions and omissions committed while using the Site and the Site services, in compliance with the law.
10.19. In case the User's rights are violated by another User of the Site (such as unlawful use of intellectual property), the User whose rights have been violated may submit a relevant complaint to the Administration. The Administration is obligated to review the complaint and, if the complaint is justified, take measures to prevent the violation of the User's rights.
10.20. The Administration is not responsible for any potential direct or indirect damages arising from the use of the Site, except for damages caused by intentional or grossly negligent actions.
11 Cancellation of Profile
11.1. The User has the right to deactivate their Profile on the Site at any time by clicking the "Deactivate" button.
11.2. After deactivating your Profile, you will not be able to use the phone number provided in the deactivated account for new registration within 30 days.
12 Other Terms
12.1. This Agreement shall enter into force when the User starts using the Site, regardless of whether the User has a Personal Account or has posted an advertisement, and shall remain in effect indefinitely.
12.2. In case of any disputes, the parties agree to resolve them through negotiations. Disputes arising during the execution of this Agreement shall be resolved in accordance with the applicable legislation.
12.3. The User has the right to stop using the Site at any time if they do not accept the changes made to this Agreement.
12.4. If any provision of this Agreement is deemed invalid or unenforceable by a court, this does not affect the validity of the remaining provisions of the Agreement.
12.5. The Administration's failure to act in the event of a User's violation of the Agreement does not deprive the Administration of the right to take appropriate actions in the future to protect its interests and rights.
12.6. All other conditions and matters not addressed in this Agreement are regulated separately and individually.
12.7. Any Additions to this Agreement form an integral part of it. If you have additional questions regarding the Terms of Use, you can search for answers in the Help section or contact the support service specialists at (support@tenderyard.com).
