Terms of Use

1.1.These Terms of Use set the rules for using the tenderyard.com website and its services, which are operated by Tenderyard LLC, and the relationship between the Site and Users.

1.2.By using the Site, registering, posting a Listing, or using the Site's paid services, the User confirms acceptance of these Terms.

1.3.If the User does not agree with these Terms, the User must not use the Site or its services.

1.4.The Administration may amend and supplement these Terms. Changes take effect from the date they are published on the Site. Where changes are material, Users are notified additionally where reasonably possible.

1.5.Together with these Terms, the Privacy Policy, Cookie rules, Payment and refund rules, and other special rules published on the Site also apply. The document that regulates a matter more specifically applies to that matter.

2.1.Site – the internet platform operating on the tenderyard.com domain, including its software, data, functions, and user interface.

2.2.Administration – Tenderyard LLC, TIN 2008607321, AZ1025, Baku, Khatai district, Khojaly Avenue 37 (DEMIRCHI TOWER), support@tenderyard.com.

2.3.User – a natural or legal person using the Site.

2.4.Personal account – the User's account section obtained after registering on the Site.

2.5.Personal balance – the recorded balance of funds on the Site, topped up by the User via their bank card and intended for using the Site's paid services.

2.6.Listing – a Sale Listing or a Purchase Listing posted on the Site.

2.7.Sale Listing – a listing posted by the User to offer a product, service, or work for sale.

2.8.Purchase Listing – a listing posted by the User stating an intention and requirements to buy a product, service, or work.

2.9.Seller – the User offering a product, service, or work under a Sale Listing.

2.10.Buyer – the User seeking to buy a product, service, or work under a Sale Listing, or the User who posts a Purchase Listing.

2.11.Product – a product, service, or work offered or requested on the Site.

3.1.During registration the User must provide accurate, current, and complete information.

3.2.The User is responsible for the accuracy of the information provided and must update it when it changes.

3.3.If there is reasonable doubt about the security or legality of an account, Listing, or transaction, the Administration may request additional information or supporting documents from the User.

3.4.The User must keep account access details confidential. If unauthorized use of the account is suspected, the User must notify the Administration immediately.

3.5.The User is responsible for actions performed through their account, unless otherwise provided by law.

3.6.The Administration may require additional identification and verification for security, fraud prevention, and enforcement of the rules.

4.1.Two main types of listings may be posted on the Site: a Sale Listing and a Purchase Listing.

4.2.A Sale Listing must correctly and clearly state the name, description, price, condition, quantity, and other information material to the transaction for the product, service, or work.

4.3.A Purchase Listing must correctly state the product, service, or work intended to be purchased, the main requirements, and where possible the budget, quantity, and other material terms.

4.4.Posting a Listing does not in itself mean a sale, purchase, or other contract has been concluded. A contract is concluded by agreement between the parties and in accordance with applicable law.

4.5.The User is responsible for the legality of the content of a posted Listing and for not infringing third-party rights.

4.6.The Administration may edit, limit the visibility of, suspend, or delete a Listing that does not comply with the law, these Terms, or the Site's security standards.

4.7.The Administration may request supporting documents for posting or keeping a Listing.

5.1.A Seller may post a Sale Listing only for a Product that the Seller is legally entitled to sell or provide.

5.2.The Seller is responsible for the legality and quality of the Product, the accuracy of the description and price information, and any required permits, licences, and intellectual property rights.

5.3.The Seller must not present a Product that does not exist as if it exists, and must not mislead the Buyer about the Product's characteristics.

5.4.The Seller must not use, without permission, photos, text, video, logos, or other materials in the Listing that infringe other persons' rights.

5.5.Agreement between Seller and Buyer on price, delivery, payment, warranty, and other terms is the parties' own responsibility.

6.1.A User posting a Purchase Listing must state requirements for the Product, service, or work they wish to buy correctly and clearly.

6.2.A Purchase Listing may not be posted for fake, misleading, or unlawful purposes.

6.3.Posting a Purchase Listing does not create an obligation to accept every offer or to complete a purchase.

6.4.A Seller responding to a Purchase Listing is responsible for the accuracy of the offer and related information.

6.5.The terms of any agreement between Buyer and Seller, including payment, delivery, Product quality, and other obligations, are determined between the parties.

7.1.The following activities are prohibited:

• aoffering or requesting illegal, counterfeit, or stolen goods;
• bfraud, deception, and providing false information;
• cinfringement of third parties' copyrights, trademarks, other intellectual property rights, and personal rights;
• dcontent aimed at threats, defamation, insult, or unlawful discrimination;
• espam and bulk advertising unrelated to the listing;
• fdistribution of malware, viruses, and other harmful code;
• ginterfering with the Site's technical operation and bypassing security mechanisms;
• hcreating fake accounts or unauthorized use of another person's account;
• iusing automated means to circumvent the Site's rules.

7.2.Posting listings for products whose circulation is restricted or prohibited by law is forbidden.

7.3.If the Administration receives substantiated information about a rule violation, it may delete the relevant Listing or restrict the account.

8.1.The User retains intellectual property rights in Listings and other materials they post.

8.2.The User confirms they have the rights and permissions needed to publish the posted material on the Site.

8.3.The User grants the Administration a non-exclusive, royalty-free right to use posted materials to the extent necessary for the Site's operation, publication of Listings, technical processing, moderation, backup, and lawful promotion of the Site.

8.4.Copying, modifying, distributing, or commercially using the Site's software, design, database, and other intellectual property without the Administration's written permission is prohibited.

8.5.Photos, video, text, graphics, design, and other creative content posted by the User in a Sale Listing or Purchase Listing are protected by law where copyright or other intellectual property rights belong to the User or another rights holder.

8.6.Other Users may not copy, download, re-publish in their own Listings, on other websites, social networks, or other platforms, commercially use, or modify photos, video, text, design, and other copyright-protected materials posted on the Site without the rights holder's permission.

8.7.Open publication of a Listing on the Site does not mean permission for other Users to freely use the photos, video, text, design, and other copyright-protected materials in that Listing.

8.8.If the User posts a photo, video, text, design, or other material that they do not own, they must have the rights and permissions needed to use that material.

8.9.If a substantiated complaint of copyright or other intellectual property infringement is received, the Administration may review, temporarily restrict, or delete the relevant Listing or material, and where necessary take action against the violating User's account.

8.10.The User bears the legal and financial liability arising from unauthorized use of another User's material. The Administration is not the liable party to the rights holder for such use, unless otherwise provided by law.

8.11.When complaining about copyright infringement, the rights holder may submit to the Administration information and evidence confirming authorship or ownership.

9.1.The User may top up their Personal balance via their bank card in order to use paid services offered on the Site.

9.2.When topping up the balance, the amount, any commission, and other payment terms are shown on the payment page.

9.3.The Personal balance is intended for the User's use of paid services on the Site.

9.4.The Personal balance may not be transferred, sold, or moved to another person's account, unless the Site separately provides such a function.

9.5.When topping up the balance, bank card details may be processed by the relevant payment service provider. If the Administration does not store card details in its own systems, it is not responsible for storing those card details.

9.6.If an unauthorized, erroneous, or suspicious balance top-up is identified, the Administration may investigate the transaction and take appropriate security measures.

10.1.A refund for a paid service depends on the type of service and whether it has actually been provided.

10.2.If the service is not provided, cannot be provided for technical reasons, or is cancelled by a decision of the Administration, a refund of the payment or the relevant part of it may be made in accordance with the applicable rules.

10.3.A no-refund rule may apply after the service has been fully provided. Rights granted to the User by law that cannot be limited are not restricted by this rule.

10.4.The part of the service already used may be taken into account when making a refund.

11.1.The messaging function must be used for lawful communication related to Listings and possible transactions.

11.2.The User may use contact details obtained from another User through the Site only to carry out the relevant transaction and for lawful purposes directly connected with it.

11.3.Sending unauthorized advertising, spam, or unsolicited commercial messages to another User is prohibited.

11.4.For security, fraud prevention, and enforcement of these Terms, the Administration may review and restrict messaging and usage activity in accordance with the Privacy Policy and applicable law.

12.1.Collection, storage, processing, use, disclosure, and deletion of personal data are regulated separately by the Privacy Policy.

12.2.The Privacy Policy is an integral part of these Terms.

12.3.The Administration may process personal data to provide services, operate the Site, for security, statistical and analytical purposes, and to comply with legal requirements.

12.4.Personal data may be provided to third parties where there is the User's consent, performance of a contract, a legal obligation, a legitimate interest, or another legal basis provided by applicable law.

12.5.The Administration does not sell or lease personal data.

12.6.The amount of contact information shown to other Users is limited to what is necessary to perform the Site's functions.

12.7.The User may request correction, updating, and deletion of their personal data in the manner set out in the Privacy Policy. Except for data that must be retained by law, deletion requests are carried out in accordance with the applicable rules.

13.1.The Site may use cookies and similar technologies for technical, analytical, and other necessary functions.

13.2.The use and management of cookies is carried out in accordance with the rules set out in the Privacy Policy.

13.3.The User may manage cookies through browser or device settings. Disabling some technical cookies may affect certain Site functions.

14.1.The Site is not a party to a transaction between Buyer and Seller for a product, service, or work. The Site's main function is to give Users a technical means to post Listings, search, and contact each other.

14.2.The Seller is responsible for the legality, quality, description, and price of the Product presented in a Sale Listing, for required permits and licences, and for third-party rights.

14.3.The Buyer is responsible for the accuracy of information in a Purchase Listing and for obligations they accept.

14.4.The Administration does not warrant that information provided by Users is in every case true, complete, and current.

14.5.The Administration may take appropriate measures if it receives information about a substantiated complaint, a violation of law, or a security risk.

14.6.Nothing shall be construed as excluding the Administration's liability for intentional acts, liability that cannot be limited by law, or the User's mandatory rights.

15.1.Unauthorized copying, modifying, or distributing the Site's software, database, interface, and other technical elements, or interfering with the Site's normal operation, is prohibited.

15.2.Scraping, bots, automated listing posting, and other means aimed at bypassing the platform's technical limits may not be used without the Administration's prior written permission.

15.3.The User may not place malware, viruses, or other code that could compromise the Site's security.

16.1.The User may request account closure in the manner set out on the Site.

16.2.In cases of a rule violation, fraud, a security risk, or a breach of legal requirements, the Administration may temporarily or permanently restrict or close the account.

16.3.After an account is closed, storage and deletion of personal data are carried out in accordance with the Privacy Policy and applicable law.

17.1.Disputes between the parties are first sought to be resolved through negotiations.

17.2.If a dispute is not resolved through negotiations, it is resolved in accordance with the applicable legislation of the Republic of Azerbaijan.

18.1.If any provision of these Terms is held invalid, the remaining provisions remain in force.

18.2.By continuing to use the Site, the User is deemed to have accepted the current version of the Terms.

18.3.If there is a conflict between these Terms and the Privacy Policy on the processing of personal data, the relevant provisions of the Privacy Policy apply to that matter.

18.4.These Terms have been approved by Tenderyard LLC and take effect from the date they are published on the Site.