Terms of placement of information and advertising materials on WowMeGo

Terms of placement of information and advertising materials on WowMeGo

Revision of 24.12.2018

1. Definitions. 

1.1. WowMeGo – web site available at www.wowmego.ru (hereinafter – “Service”), which

 

- suppliers of tourist and other types of services (hereinafter - «suppliers») have the opportunity to place in the public domain offers to provide/provide various services/products of tourist and other orientation in the tourist entertainment, educational, sports and other purposes (tours, excursions, lessons, trainings, seminars, courses, etc.), as well as offers of accommodation (hotels, hotels, bases, spots and other places), insurance services and other products and services, not contradicting the legislation of the Russian Federation and international law (further - “Activity”);

 

- users (any third parties) have the opportunity to search, study Activities, request the possibility of booking and purchasing Activity from Suppliers, as well as perform a number of other actions in accordance with the functionality of the Service.

 

1.2. Supplier - an individual entrepreneur, a legal entity or an individual who places Activities on the Service both on its own behalf and on behalf of third parties.

 

1.3. The owner of the Service - LLC «Prom" (bin 1127747175710, was 7751507260, 775101001 KPP, legal address: 108833, Moscow, p. mikhaylovo-Yartsevskoye settlement Shishkin Les, d. 7, sq 53. The owner of the Service is also its operator and performs the functions of the Service administration.

 

1.4. Service operator – LTD. «prosm », independently engaged in the processing of personal data, as well as defining the purpose of processing personal data, the composition of personal data to be processed, actions and operations performed with personal data, such as collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data. The processing of Personal data can be performed by the Operator in both automated and non-automated ways.

 

1.5. Activity-a set of information and advertising materials placed by the Supplier on the Service, containing information about the services/packages of the Supplier, their prices, as well as other information about the services of the Supplier and the Supplier.

 

1.6. Terms & conditions; these terms of posting Activities on the Service. These Terms and conditions in accordance with the provisions of article 428 of the Civil code of the Russian Federation are a contract of accession.

 

1.7.Service fee – the fee for the Provider to place Activity on the Service, which the Provider transfers to the Owner of the Service in the event that the Provider through the Service has implemented (sold) any of its services or products. The Service fee amount is calculated as a percentage of each transaction made between the Supplier and the User. The supplier shall transfer the Service charge only if the Supplier has received full and / or partial payment from the User and has provided the relevant service. The amount (percentage) of the Service charge is 12 (twelve percent)%. The size of the Service charge can be changed by the owner of the Service unilaterally both in the big and in the smaller party, but can never be more than 15%. In the case of changing the percentage of the Service charge the owner of the Service undertakes to notify Supplier of such changes within 60 (sixty) calendar days before the effective date of the amendment. At the same time, all transactions concluded by the Supplier with Users in the period from the date of notification of these changes and until their entry into force are calculated at the old rate.

 

1.8. User – any visitor to the Service.

 

 

General provisions and procedure for accession to these Terms and conditions.

 

2.1.The owner of the Service provides Suppliers with the opportunity to place Activities on the Service in order to demonstrate Activities to the users of the Service in accordance with the terms and conditions established by these Terms.

 

2.2.In order to join these Terms and to be able to post Activities on The service, the supplier shall perform the Following actions:

 

2.2.1. registers and fills in the information form of the Supplier (hereinafter –«questionnaire ») in accordance with the requirements specified in the Questionnaire and sends it to the Operator of the Service using the functionality provided by the Service;

 

2.2.2. is the primary verification on the Service. Primary verification – a set of actions performed by the service Operator to confirm the compliance of the data specified in The questionnaire validity. For initial verification, the Service Operator may, at its discretion, contact the Supplier via one of the contacts and / or check the resources (website, social network groups, etc.) specified by the Supplier in the Questionnaire. A positive result of primary verification is obtaining Provider specified in the Profile e-mail confirmation of registration and provision of access to an account Provider in order to populate it and create Activities.

 

2.2.3. fills in the Supplier's account (hereinafter "the Supplier's Page") in accordance with the requirements of the Service in order to form the Supplier's page and Activities. The Supplier page is a set of promotional materials that disclose information about the Supplier. Part of the content of the provider's page is available to All users of the Service without exception, part is available only to the service Operator. The pages of activities created by the Supplier are linked to the Supplier page in accordance with the service functionality.

 

2.3. By submitting a Questionnaire to the Operator of the Service, the Supplier (represented by the relevant authorized person) provides the Operator of the Service with consent to the processing using automation or without the use of such means (including collection, recording, systematization, accumulation, storage, clarification(update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction) of their personal data, including, but not limited to, passport data, name, place of residence, date of birth, mobile / city phone number, information about the legal entity and individual entrepreneur, other information, as well as any other actions with the provided personal data. The provider also provides the service Operator with consent to transfer of such personal data to achieve the purposes set forth in these Terms to third parties (only if it is expressly required in accordance with the provisions of these Terms or the current legislation of the Russian Federation), with the right to process the transferred Personal data without obtaining additional consent to such transfer. The withdrawal of the consent established by this paragraph by the Supplier shall be the basis for the unilateral refusal by the Operator and The owner of the Service to comply with these Terms.

 

2.4. Timely transfer of The service fee for the placement of Activities is a prerequisite for the placement and location of Activities on the Service. In case of systematic failure to comply with this condition (two or more times), the owner of the Service has the right at any time without notice to delete the page of the Provider and all published Activities and restrict access to the Service.

 

2.5. Registration on the Service, which involves filling and sending to the administration of the service Questionnaire, as well as the subsequent filling of the account of the Supplier in the aggregate is the application of the Supplier to join these Terms (hereinafter – application for accession).

 

2.6.The acceptance Of the owner of The service of the application for accession of the Supplier to these Terms and conditions is the direction of confirmation to the e-mail address of the Supplier from which the Questionnaire was sent to the Owner of the Service.

 

2.7.By submitting an application for accession in the manner prescribed by these Terms and conditions, the Supplier confirms that he is familiar with these Terms and conditions, including, but not limited to, the order of accession to the Terms, the limitations of the Owner of the Service for non-performance/improper performance of obligations by the Supplier to the Users, as well as confirms the fact that the Terms and their annexes do not contain burdensome conditions for the Supplier. The supplier confirms that by submitting an application for accession, acting consciously, on the basis of a decision taken independently, not in connection with the coercion of third parties, the Supplier, sending an application for accession, joins the Terms not otherwise than in General.

 

2.8.These Terms and conditions and their annexes are a contract of accession in accordance with the provisions of article 428 of the Civil code.

 

 

Activity Placement

 

3.1.The supplier has the right to place Activities on the Service from the moment of joining these Terms.

 

3.2. The supplier has the right to place an unlimited number of Activities.

 

3.3. Activities can be placed on the Service without time limits.

 

3.4. Information about all changes made with the activity of the Supplier after its publication (in particular, prices and terms of Activity) is stored by the service administration in order to resolve possible disputes between the Supplier and the User.

 

3.5. The supplier is fully and solely responsible for the materials (text, graphics, video and other) posted on the Service. For their compliance with the current legislation of the Russian Federation and international law and guarantees that will not place:

 

3.5.1. infringing copyright, related and other rights of third parties;

 

3.5.2.  materials expressly prohibited from public display or distribution;

 

3.5.3.  infringing third party rights;

 

3.5.4.  insulting individuals or groups of individuals, including those identified by religion, creed, political or other affiliation;

 

3.5.5.  calling for violence;

 

3.5.6.  containing images and / or videos, or links to images and / or videos of an erotic or pornographic nature;

 

3.5.7.  containing information, data, images, videos on substances prohibited for circulation in the territory of the Russian Federation;

 

3.5.8.  containing Nazi symbols or justifying Nazi crimes

 

3.5.9.  containing information about terrorism prohibited in the territory of the Russian Federation, religious, political organizations, movements and other things.

 

3.6. All Activities can be adjusted by The service administration both before their placement and after placement in agreement with the Supplier.

 

3.7. The supplier understands and confirms that all materials used in the activity description (text and graphic) can be used by the owner of the Service for advertising/promotion of the corresponding Activity and the Service as a whole both separately and together with other text and graphic materials on the Internet.

 

Service charge for placing Activities.

 

4.1.The supplier undertakes to transfer the amount of the Service fee within 10 (ten) calendar days from the date of conclusion of the transaction with the User and the actual provision of services to the User for a particular transaction.

 

the Service charge Is recorded in the Supplier's Account. In some cases, the size of the Service charge may vary for different activities offered by the Supplier. This issue is solved By the owner of the Service and the Supplier individually.

 

4.2. The service fee is not subject to VAT due to the use of the simplified tax system by The owner of the Service.

 

4.3.The owner of the Service has the right to correct texts and graphic images of Activity in agreement with the Supplier. The owner of the Service has the right to refuse to place an Activity if its description violates any of the provisions of these terms.

 

4.4. The owner of the Service has the right not to publish Activities on the Service at his discretion until they are checked for compliance with these Terms.

 

 

4.6. Details Of the company to pay for the placement of Activities:

 

LLC «Prosm»

bin 1127747175710

INN 7751507260, PPC 775101001

Legal address and physical address

108833, Moscow, mikhaylovo-Yartsevskoye settlement Shishkin Les, h. 7, app. 53

Bank details:

P/s 40702810102860006451

JSC «ALFA BANK» 107078, Moscow, ul Kalanchevskaya, d. 27

BIC 044525593

K/s 30101810200000000593

in the Bank of Russia on Central Federal district

Director General – Worlds Svyatoslav Sergeyevich

 

 

 

 

 

Rights and obligations of the Parties

 

5.1. The owner of the Service shall be entitled to:

 

5.1.1.  in a Timely manner to obtain from the Vendor a Service fee for the placement of Activities on the Service in accordance with these Terms.

 

5.1.2.  Make functional, software, technical and graphical changes to the Service at its discretion, without coordinating them with the Supplier.

 

5.1.3.  make changes to these terms unilaterally. Changes to The terms shall take effect: for Suppliers who have joined the Terms prior to the changes - after 60 (sixty) calendar days from the date of publication of the new version of the Terms on the Service; for Suppliers wishing to join these Terms &conditions; from the date of publication of the new version of the Terms on the Service.

 

5.1.4.  Terminate these Terms unilaterally out of court, with notice to the Supplier, at least 1 (one) calendar day before the intended date of termination to the email address or mobile phone number of the Supplier specified in the Questionnaire. All obligations of the Parties arising under these Terms prior to their termination and not performed on the date of termination shall remain in full force and effect until their full performance by the Parties.

 

5.1.5.  Exercise other rights Of the owner of the Service, established by these Terms and the current legislation of the Russian Federation.

 

5.2. The owner of the Service is obliged to:

 

5.2.1.   Fulfill other obligations Of the owner of the Service set forth in these terms.

 

5.3. Supplier entitled to:

 

5.3.1.  Require the Owner of the Service to perform the duties set forth in these terms.

 

5.3.2.  Terminate these Terms by sending The service Owner a notice of termination to the service Owner's email address specified in clause 6.6 of these Terms. The terms shall be deemed terminated by the Supplier on the first (1) business day following the date of the Supplier's notice of termination. All obligations of the Parties arising from the Terms prior to their termination in the manner prescribed by this paragraph, and not performed on the date of termination shall remain in full force and effect until their full performance by the Parties.

 

5.3.4.  to Exercise other rights of the Supplier set forth in these Terms.

 

5.4. The supplier shall:

 

5.4.1.  Comply with the Terms.

 

5.4.2.  to Transfer the Service fee amounts in a timely manner, within the terms and in the amount established by these terms.

 

5.4.3.  no later than 3 calendar days to report using the functionality provided by The service to the Owner of the Service to change their data provided in the Questionnaire, including, but not limited to, passport data, data on the place of registration at the place of residence (location), the sole Executive body, means of communication with the Supplier (mobile phone number, email address). In case of non-fulfillment of this obligation, the Service Owner shall not be liable for the failure of the Supplier to receive notifications and other communication messages sent by the Service Owner to the communication addresses previously provided by the service Provider to the Service Owner.

 

5.4.4.  Get advice from the owner of the Service on the placement of Activities on the Service.

 

5.4.5. Promptly (within a reasonable time) respond to user requests sent to the Supplier using the functionality of the Service and the contact details provided in the Questionnaire (booking requests, confirmation of Activities and other requests), as well as requests from the Owner and/or the administration of the Service.

 

5.4.5.  Fulfill other obligations of the Supplier set forth in these terms and conditions.

 

liability of the parties.

 

6.1. In case of violation, non-performance, improper performance, evasion of obligations, terms and conditions of these Terms and conditions of any of the Parties, the Party who committed a violation, non-performance, improper performance, evasion of obligations, terms and conditions of these Terms and conditions shall be liable in accordance with the current legislation of the Russian Federation.

 

6.2. The functionality of the Service is provided on the terms « as is». The owner of the Service does not provide any guarantees regarding the error-free and uninterrupted operation of the Service, its individual parts, components or functions, compliance of the service functionality with the specific goals and expectations of the Supplier, does not guarantee the accuracy, completeness and timeliness of the data provided by the Service, and does not provide any other guarantees not

 

6.3. The Service owner shall not be liable for any direct or indirect consequences of any use or inability to use the Service (including data) and/or damage caused to the Provider and/or third parties as a result of any use, non-use or inability to use the Service (including data) or its individual components and/or functions, including possible errors or failures in the Service.

 

6.4. The supplier undertakes to use the Service in accordance with the laws of the country in which it is located, and accepts responsibility for violation of the restrictions on the use of the Service established by the national legislation.

 

6.5. The supplier is solely responsible to the users, third parties for their actions related to the use of the Service, including if such actions lead to violation of the rights and legitimate interests of third parties, as well as for compliance with applicable law when using the Service.

 

6.6. In case of any disputes, the Supplier shall take measures for pre-trial settlement before applying to the judicial authorities, by sending an appropriate letter to the address of the owner of the Service, as well as an electronic copy thereof to the address partners@wowmego.com term of consideration and response to the claim: 30 days from the date of its receipt by the Owner of the Service.

 

Force majeure

 

7.1.The parties shall be released from liability for non-performance or improper performance of obligations assumed under these Terms and conditions, if proper performance was impossible due to the occurrence of force majeure.

 

7.2.The concept of force majeure covers external and extraordinary events that were not present at the time of accession to the Terms and occurred against the will and desire of the Parties, the actions of which the Parties could not prevent by measures and means that are justifiably and reasonably expected from the bona fide acting party. For such circumstances, the Parties will take military action, epidemic, fire, natural disasters, acts and actions of state bodies, render impossible the fulfillment of the Conditions.

 

7.3.The party affected by force majeure shall immediately (not later than three working days) notify the other Party of the occurrence, type and possible duration of force majeure circumstances preventing the execution of these terms. If the above-mentioned events are not reported in a timely manner, the Party affected by the force majeure cannot invoke it as a ground for exemption from liability.

 

7.4.During the period of force majeure performance of obligations under these Terms shall be suspended.

 

 

Confidential information.

 

8.1. The parties recognize as confidential information any information received by the Parties from each other in the course of execution of the terms, conditions and obligations of the Parties established by these Terms, including information about Suppliers, representatives and authorized persons of Suppliers, the amount of Service charge, as well as any other information obtained in the course of execution of these Terms (or realization of the rights and obligations of the Parties), with additional designation of such information as confidential is not required.

 

8.2.The fact of the Supplier's accession to these Terms and placement of Activities are not confidential information.

 

8.3.The parties undertake not to disclose confidential information, including without the consent of any other Party, information about which, including, but not limited to, specified in paragraph 8.1. these terms and conditions, became known to the Parties when such information belongs to the disclosing Party, except for cases when such information must be transferred on legal grounds and reasonable requirements of the competent public authorities in accordance with the legislation of the Russian Federation, as well as to take all measures to protect confidential information not become known to third parties.

 

8.4.The parties undertake to comply with the requirements and provisions of the Federal law of 27.07.2006 No152-FZ «on personal data» with respect to personal data of personal data subjects: natural persons who are Suppliers or are authorized representatives of Suppliers acting on behalf of Suppliers, including processing using automation or without the use of such means (including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction) of personal data of personal subjects, including, but not limited to, passport data, name, place of residence, date of birth, mobile/ city number, phone number, other information of personal data subjects, as well as any other actions with personal data of personal data subjects that became known to the Parties in the performance of these Terms, taking into account the said law and the current legislation of the Russian Federation as a whole.

 

 

THE DISPUTE RESOLUTION

 

9.1.These Terms and conditions shall be interpreted in accordance with the current legislation of the Russian Federation.

 

9.2.All disputes and disagreements that may arise in the performance of these Terms and conditions the Parties will seek to resolve through negotiations. At the same time, compliance with the pre-trial claim procedure for dispute settlement is mandatory for the Parties. The claim procedure is considered to be complied with if one Party sends a written claim to the other Party at the address of the Party's location (the address specified by the Supplier in the Questionnaire, or reported after that to the Owner of the Service; the address Of the owner of the Service for sending letters, notifications, claims, and other correspondence and non-fulfillment by the party receiving the claim, the requirements contained in the claim within 10 (ten) working days or failure to receive a response to such a claim By the party submitting the claim within 10 (ten) working days from

the date of its actual delivery to the other Party.

 

9.3.If not, settling in the process of negotiation of contentious issues, disputes are settled in

 

arbitration court of Moscow (if the party to the contract of services of placement of Offers – the Supplier is an individual, disputes are subject to consideration in court of General jurisdiction at the location of the Owner of the Service).

 

 

THE OTHER PROVISIONS

 

10.1. In all matters not regulated by the terms and conditions of these Terms and conditions, the Parties, in the exercise of their rights and performance of duties, will be guided by the current legislation of the Russian Federation.