Еnd-user license agreement (EULA)
This EULA and as well as all the rules and additional conditions published on our web-sites, in the annexes regulate the relationship between Bitox LLC (further – Society) and Users of the Internet, arising from the use of the Internet resource alphateca.com (web-site) on the conditions specified in this EULA.
The User's actions aimed at using the web-site, including searching, viewing, submitting ads, registering on the web-site, sending messages through the contact form and other similar activities aimed at using the functionality of the Web-Site, indicate the complete and unconditional acceptance of the Company's proposal for the conclusion and consent to the terms of this EULA.
Regardless of the fact of registration or authorization of the User on the Web-Site, the use of the Web-Site, including viewing the information posted on the Web-Site, means the User's consent to this EULA and assuming obligations to follow the instructions for using the Services, as well as responsibility for activities related to the use of the Web-Site.
The EULA can be changed by the Company at any time without any special notification of this User. The new version of the EULA comes into force from the moment of its posting on the Web-Site, unless otherwise stated on the Web-Site. Regular familiarization with the current edition of the EULA is the responsibility of the User.
Use of the Web-Site after the entry into force of the new version of the EULA means the User's consent to it and the application of the provisions of the new edition to it in full.
The current version of this EULA is available at https://alphateca.com/docs/terms_of_use
2. Terms and Definitions
In this EULA, the terms given below have the following meaning:
Society – Bitox Capital Ltd
Web-Site – an Internet-resource, which is a collection of information and intellectual property contained in the information system (including a computer program, database, graphic design of the interface (design), etc.), access to which is provided from various user devices, through information -telecommunication network "Internet" at address alphateca.com , with the use of special software for browsing the web (browser) and /or mobile applications.
The user - is a visitor to Internet resources, including the Web-Site.
Services - functionality, services, services, tools available to Users on the Web-Site.
Mobile application - software for portable (mobile) devices, installed or downloaded by the User to such devices using various software platforms, designed to access the Web-Site or a part thereof.
Goods - any product, product, service, or other offer, in respect of which the User places on the Site Announcement.
Announcement - is an information message with a proposal for the Goods (including contact information, photographs and any related information) or participation in the Auction placed by the User on the Web-Site, addressed to a specific or undefined circle of persons.
Auction - a kind of the Announcement, in which the User is able to conclude a deal with the Seller in the event of compliance with the rules and the fulfillment of the conditions contained in the Announcement and Appendix №1 to this EULA.
Seller - User posting on the Web-Site Announcement offer to conclude a Transaction in respect of the Goods.
The Buyer – is the User who views the Seller's posted Announcements, interaction with the Seller in relation to the Goods and /or concluding the Transaction with the Seller.
Account records - are a unique login (the e-mail address and /or phone number specified by the User) and a password created by the User in the process of Registration on the Web-Site or modified by the User through the Personal Account or other means specified by the User for access to the Personal Account after Registration of the User on the Web-Site.
Personal Account- a personal section of the User on the Site associated with the User's account on the Web-Site in which the User is able to manage individual Web-Site Services, including their order, connection / disconnection, on the proposed conditions by the Society.
Registration - is a set of User actions in accordance with the instructions specified on the Web-Site, including the provision of the Account records and other information made by the User using a special form of the user interface of the Web-Site in order to verify the identity of the User, the formation of the Personal Account and access to individual Site Services.
Information - any materials and information provided by the User to the Society in connection with the use of the Web-Site.
The Transaction - is the actions of the User of the Web-Site aimed at transferring the rights to the Goods to another User of the Web-Site through the use of the Web-Site functionality.
Hold - Service provided by the Society for the account and blocking of execution of the Transaction on the part of the Buyer in order to transfer such performance from the Buyer to the Seller when the Seller performs the obligations under the transaction in full or to cancel the performance on the part of the Buyer in the event of violation by the Seller of the obligations under the Transaction.
Guarantor - a person who is not an employee of the Society and who does not represent the Society in relations with Users, selected by the Buyer and approved by the Seller acting as an intermediary in the execution of a transaction between the Seller and the Buyer in order to control the performance of obligations by the parties on the terms set forth in Appendix №1 to this EULA.
3.. About Bitox Capital Ltd.
Bitox Capital Ltd - this is a trading platform that gives the Sellers the opportunity to place their own proposals at their own risk and under their responsibility, addressed to an indefinite circle of persons to make a Transaction in respect of the Goods to which the Seller is entitled to dispose (make offers), and Buyers, at their own discretion and under their responsibility, placed on the Web-Site by the Sellers, concluding the relevant Transaction with the Seller. In this case, the Transaction is concluded directly between the Seller and the Buyer.
The Society is not an intermediary, agent or representative of any User, the organizer, the party to the Transaction and / or any other interested party in respect of the proposed / concluded transaction between the Users and is not responsible for its improper execution.
The Services provided on the Web-Site can be changed, updated, updated, changed the form and nature of the functionality at any time without prior notification to the User, and therefore their use is offered in the "as it is" mode, i.e. the type and extent, in which they are provided by the Company at the time of contacting the User Services. The Company has the right, at its own discretion, to terminate (temporarily or finally) the provision of the Services (or any separate functions within the Services) to all Users in general or to an individual User, in particular without prior notice.
4. Registration on the Site
4.1. The User has the right to post the Announcements, as well as use the individual Services after the Registration on the Site.
4.2. Registration specifies the credentials that the User chooses independently. After entering the registration data in case the user specifies the e-mail address, the User receives an e-mail to the e-mail address specified at the Registration containing an active hyperlink, the transfer of which is necessary to confirm the registration on the Web-Site. If the User specifies the phone number, when registering and subsequent authorization with the phone number, the User receives the code in the SMS message at the phone number indicated to them, the received code must be entered by the User in the appropriate form on the Web-Site to confirm Registration and /or confirmation of the User's access to the phone number indicated to them. Registration of an account is carried out to one e-mail address or one phone number of the User once. Re-registration of a new account on the Site using the e-mail address or phone number previously specified at the Registration is not allowed. The User can change the Account records in the Personal Account on the Web-Site or, if necessary, in any other way indicated by the Society. The User also has the right to register and / or authorize on the Web-Site using his account on other Internet resources, Registration and / or authorization through which is available on the Site.
4.3. The User is obliged to monitor the security of his / her Account records and not disclose them to third parties. The User has no right to transfer his Account records to third parties, and also directly or indirectly allow third parties to use his Account records for authorization on the Web-Site, except for persons acting on behalf of and in the interests of the User or having received such Account records on the basis of relevant agreements with the User. The User assumes responsibility for compensation for damage and compensation for damages caused by the actions of such persons in full.
4.4. Any action taken from the User's Personal Account using its Account records shall be deemed to be an act committed by the User or a person authorized by him and establishes the duties and liability for the User in respect of such actions, including liability for violation of this EULA, the requirements of the legislation in respect of the Goods, information about which is placed by the User on the Web-Site.
4.5. The User is obliged to immediately change the Accounting records, if he has reasons to suspect that the data was disclosed, may be used by unauthorized third parties or at the request of the Society.
4.6. The Society has the right to use available technical solutions to verify the correctness of information provided by the User when using the Web-Site. The Society can’t guarantee that the User is really what it is represented, and also that the information provided by the User on the Web-Site is true. The Society recommends Users to communicate with possible counterparties, Sellers and Buyers, using for this purpose all the tools available on the Web-Site, and observe circumspection and caution when making transactions and selecting the Seller.
4.7. The Society has the right to block the User's access to the Personal Account with the simultaneous termination of the placement and display of his Announcements or without it. The Society may at any time terminate and/or restrict the User's access to the Services, and also block or delete the User's account on the Web-Site without the possibility of its recovery.
4.8. Viewing Announcements and other information posted on the Web-Site in the public domain does not require the registration and/or authorization of the User, however in the event of such actions the User is in any case obliged to comply with the provisions of the EULA.
5. Information provided by Users. Personal records.
5.1. As part of the use of the Web-Site, the User agrees to provide only reliable Information and is responsible for the information provided to them. The User undertakes to timely update the Information by editing it on the Web-Site. The Web-Site is entitled to request and the User is obliged to provide, on such request, documents and information necessary for determining the User as a party to the EULA and / or the party using the relevant Service, as well as documents confirming the authenticity of the presented Information and the legitimacy of the use / offer of the Goods and / or communication User with the Goods specified in the Declaration.
5.2. In the process of using the Web-Site Services (including during Registration, interaction with other Users through the Web-Site interface, posting of Announcements, viewing pages of the Web-Site, etc.), the User independently and voluntarily decides to provide the Society or public access to personal and other information about the User (last name, first name, patronymic or pseudonym of the User, e-mail address, telephone number, identification information allowing execution of transactions, as well as any other information provided by the User, including those contained in messages sent to other Users through the feedback form in the interface of the Web-Site, information about the User's actions on the Web-Site, etc.) for the purposes of executing the EULA, and hereby declares his consent to be processed by the Society and its affiliated persons of personal and other date of the User, their transfer (including cross-border transfer to the territory of foreign states that provide adequate protection of the rights of subjects personal records) for processing to other Users and / or third parties acting on behalf of the Society, including for the purposes of: providing consulting support to Users in connection with the use of the Web-Site, verifying Declarations for compliance with the EULA, delivering messages to other Users, obtaining statistical and analytical data to improve the functioning of the Web-Site and / or Services, expand the range of services provided, receive information and / or advertising messages from the Society or third parties, prevent or suppress illegal and / or unauthorized actions of Users or third parties, ensure compliance with the requirements of applicable law. The Society shall take all necessary measures to protect the User's personal data from unauthorized access by third parties.
5.3. All information (irrespective of whether such information relates to personal or other data subject to protection under the law, or not) placed by the User on the Web-Site is placed by him for the User's use of his property and / or services and / or in other interests The User and, accordingly, the User places this or that information about himself exclusively in his own interests, including to facilitate the establishment of communication with the User.
By placing on the Web-Site of the Announcements, the User makes the information indicated in the announcement publicly available and understands that the posted information is published on the Site in the public domain, that is, it is available to any visitor of the Web-Site (unlimited circle of persons) on the territory of all countries of the world where it is possible to use the Internet and access to the site, respectively, the User understands and assumes all risks associated with such information placement, including, but not limited to: e-mail to the lists for sending spam messages, the risk of getting an email address to various types of fraudsters, the risk of getting a phone number to SMS spammers and / or SMS-scammers, and other risks arising from such information posting.
5.4. The Society is not obliged to perform preliminary checks on the Information of any kind placed and / or distributed by the User through the Web-Site. The Society has the right, at its discretion, to refuse to post and / or distribute any Information to the User or to delete any Information posted by the User on the Web-Site. The User understands and agrees that he must independently assess all risks associated with the posting and dissemination of any Information, including an assessment of the reliability, completeness or usefulness of such Information.
5.5. The Society doesn’t provide consultations on issues that are not related to the Web-Site, which require professional assessment and / or are not within the competence of the Society.
5.6. The User's appeals to the Society on issues related to the use of the Web-Site are considered in the order provided on the Web-Site. The interaction of the Society with the User within the framework of consideration of the User's request is carried out using the e-mail address and / or phone number of the User specified by the User.
5.7. The Society has the right not to consider the Customer's appeals: they don’t contain information and documents necessary for consideration of the appeal; containing false information and (or) documents that do not have evidence of credibility; in respect of issues on which the Society has previously sent a response to the User (repeated appeals); containing insults, threats or appeals, outlined in a sharp negative form; directed with violation of other conditions and procedure for consideration of appeals provided by the Society.
6. Rights and obligations of the Parties
6.1. General Provisions
6.1.1. The User is obliged to act solely in accordance with the current legislation and this EULA, and also bear full responsibility in accordance with the legislation for their own actions and inaction on the Web-Site and when using the Services.
Access to the User Web-Site Services may be used solely for the purposes for which such Services are intended by the Society. The User is not allowed to use the Services, as well as any information received on the Web-Site for other purposes.
By the decision of the Society, the blocking of Announcement and / or accounts on the Web-Site may be temporary or permanent, depending on the amount and number of violations of this EULA and other rules established by the Society that are authorized by the User to use the Web-Site. In the event that the User corrects the admitted violations, the Society has the right to restore the User's previously blocked Announcement or access to the account on the Web-Site.
6.1.3. The User undertakes not to use automatic and other programs to gain access to the Web-Site without the written permission of the Society. Without the permission of the Society, any materials or information (including Announcements, texts of product descriptions, photographs, etc.) can’t be used, distributed, copied and / or extracted from the Web-Site manually or automatically (using software).
The use of computer programs that allow viewing or posting on the Web-Site of the Announcements, bypassing the usual order of posting of Announcements (for example, the use of startup programs for Announcements), in the absence of written permission from the Society, is strictly prohibited and may lead to the termination and / or suspension of the publication of Announcements, in the Personal Account and / or to the Web-Site.
6.1.4. The User also undertakes:
don’t take any action that could lead to a disproportionately large load on the infrastructure of the Web-Site;
not copy, reproduce, modify, distribute or represent to the public any information contained on the Web-Site (except for the Information provided by the User) without the prior written permission of the Society and any third party;
don’t interfere with the operation of the Web-Site, nor interfere with the operation of automated systems or processes, in order to block or restrict access to the Web-Site.
In order to prevent or set a limit violation of the EULA and / or damage to the Web-Site (for example, DDoS-attacks or other hacker attacks, unauthorized use of the software by the Society, including for downloading Announcements, etc.), the Society has the right to restrict access of Users or third parties to The Web-Site by blocking access to the Web-Site of the corresponding ip-address or range of ip-addresses.
For the purposes of access to individual Services on the Web-Site, the User may use the unique identifiers provided to him by the User (the set of symbols) of the User, the account on the Web-Site, the Announcements, the Goods, etc.
6.1.5. By accessing the Web-Site, the User agrees to receive advertising information posted on the Web-Site by third parties. The User understands and agrees that the Society doesn’t define the content and is not responsible for such information, including Web-Sites, links to which may be contained in the relevant materials.
6.1.6. The User of the Web-Site undertakes not to use any data provided by another User without the written permission of the person who posted such Information, or without the confirmation in any other way of the right to use such Information. All information received by the User about other Users in connection with the use of the Web-Site may be used only for making and executing transactions in respect of the Goods. Thus, the User is not allowed to use the e-mail address, telephone number and / or a special form of communication with the Seller on the Web-Site for the purpose of direct advertising or other sending of unwanted electronic messages, as well as for other unlawful acts or acts committed without the knowledge and / or consent of the other side.
6.1.7. If the User has a claim against another User in connection with the use of the latter Services and / or posted advertisements, the User must present these requirements to the proper person (the Seller) and resolve the claims independently and without the participation of the Society.
6.1.8. The User understands and accepts that the Society doesn’t always check the information published on the Web-Site by Users. Some of the information contained in the Announcements may seem insulting, dangerous, misleading or misleading. The Society recommends Users to be careful and rely on common sense when using information on the Web-Site. The user must take into account that his counterparty can impersonate another person, be a minor, place distorted information, etc. The use of the Services implies that the User understands and accepts these risks, and agrees that the Society is not responsible for acts or omissions from other Users.
6.1.9. The User undertakes to observe circumspection when choosing a counterparty, under his own responsibility makes a decision on the transaction, based on the fact of placing an advertisement on the Web-Site, independently verifying that the offer and conclusion of the Transaction with respect to any Goods in the Announcement on the Web-Site is valid and legal.
6.2. Rights and obligations of the Buyer
6.2.1. The Buyer undertakes to carefully read the Announcement.
The Buyer uses the Services of the Web-Site provided by the Society, at no charge.
6.2.2. In case of acceptance of the Seller's offer, the Buyer on-line sends the Seller a consent to conclude the transaction by filling in the appropriate form (clicking the button) posted on the Web-Site.
6.2.3. The Transaction is considered concluded from the moment of acceptance by the Buyer of the offer of the Seller (filling in the form, pressing the button).
6.2.4. In order to carry out the Transaction, the Buyer makes a counter-execution on the transaction to the Society for the Seller. The obligations of the Buyer under the transaction shall be deemed to be performed from the moment of execution of the counter performance to the address of the Society for the Seller. The Seller's obligations under the transaction are deemed to be performed a) in the automatic mode of the transaction: if any of the following conditions are met (whichever comes first) 1) the Society receives confirmation from the Buyer of the fulfillment of its obligations by the Seller; 2) the expiration of the period established by the parties in the hold service, provided that the buyer does not receive an application for opening a dispute; 3) resolution of the dispute between the Seller and the Buyer, as a result of which the Seller will properly perform the obligations under the transaction; b) in case of transaction accompanying the Guarantor; 1) the Society receives from the Buyer confirmation of the Seller's performance of its obligations; 2) The Society receives confirmation from the Guarantor of the fulfillment by the Seller of its obligations .
6.2.5. From the moment of fulfillment by the Buyer of the obligation provided for in clause 6.2.4. of this EULA, the Buyer has the right to demand counter performance from the Seller.
6.2.6. In case of failure by the Seller under the Transaction performance of an obligation either in the presence of circumstances, obviously testifying that such execution is not made within the prescribed period, the Buyer is entitled during the period of validity of the service Hold to guide Society using the functionality of the Web-Site, the application for refund made by the Buyer to perform. Upon receipt of such application, the Society shall open a dispute over the Transaction, upon review of which it shall return the execution of the Transaction received from the Buyer under the Transaction or transfer the performance to the Seller, provided that the latter fulfills its obligations under the Transaction.
6. Rights and obligations of the Seller
6.3.1. The Seller doesn’t have the right to offer any items for exchange if they are subject to restrictions in the federal, regional or local law of any country or jurisdiction.
6.3.2. The Seller is responsible for the quantity, safety, legality or availability of the Goods offered under any Transaction, or with respect to the ability of the Seller or the Buyer to make any Transaction using the Services of the Web-Site.
6.3.3. The Seller agrees that the Society collects a fee for its services in the placement of Announcements on the Web-Site, the organization of an exchange between the Buyer and the Seller, according to the tariffs that are placed at https://alphateca.com/docs/prices (hereinafter - the Commission).
6.3.4. The Society holds the execution received from the Buyer until the Seller's proper performance of its obligations under the Transaction. After receiving confirmation from the Buyer about the proper execution of the Transaction on the part of the Seller, the Society shall transfer to the Seller the performance due to the latter minus the commission of the Society.
6.3.5. In the event of improper fulfillment by the Seller of its obligations under the Transaction, and also in the presence of circumstances that clearly indicate that such performance will not be effected within the prescribed period, the Society shall, in accordance with the Buyer's request, return the transferred to them under the Transaction. At the end of the Hold period, the Buyer's applications for opening a dispute shall not be accepted by the Society.
7. Warranties and Assurances
7.1. By accessing the Web-Site and thereby entering into this EULA, the User warrants that he has all the rights and powers necessary to enter into and execute the EULA, including an adult and fully capable person or a minor declared by decision the authorized body is fully capable (emancipation) or a minor who has attained the age of fourteen and has received written authorization in the form required by law from their parents or other legal representatives to sign the EULA. The Society has the right at any time to demand from the User the provision of information and documents confirming the rights and powers, as indicated above.
7.2. Each User acknowledges that the impossibility for any reason to use the Service in full or in part may have negative consequences for it. Each User hereby agrees that in no event shall the Society be liable to the Users or any third party for the inability to use the Service (whether due to a malfunction, change or termination of the Service or for any other reason), for any reason, or delays, inaccuracies, errors or omissions in relation to communication or in the transfer or delivery of all or any part of the data, as well as for any damage (whether direct, indirect, indirect or otherwise) arising from the use of the Service or inability to use it.
7.3. The User guarantees that in respect of all content provided by him / her, the User has all the rights necessary for such provision, or controls such rights, complies with his / her obligations under this EULA. The User guarantees that this content is accurate, that the use of any such content (including derivative works thereof) by the Society, other Users or other persons having an agreement with the Society, if this is done in accordance with this EULA, does not constitute and will not constitute a violation of the intellectual property rights of third parties.
7.4. If any User violates the statements, warranties and obligations set forth in this EULA, or if the Society has sufficient grounds to believe that such User violates such applications, warranties of liability, or if, having received a complaint or claim from any other User or of the third party, the Society has sufficient grounds to believe that such User intentionally or substantially failed to fulfill his contract with such third party, the Society has the right to suspend or terminate the provision of access to the Web-Site with respect to such User without any compensation, and to limit or prohibit any possible current or future use of the Web-Site or any other services that may be provided by the Society.
8. Limitation of the Company's liability
8.1. To the fullest extent permitted by law, the Services are provided on an "as it is" and "as available" basis.
8.2. The Society hereby waives all, without exception, warranty obligations, both express and implied, including in particular any warranties of the condition, quality, performance, suitability, accuracy, reliability, suitability of the Goods offered by the Sellers.
8.3. To the maximum extent permitted by law, the Society does not give any assurances and guarantees regarding the reliability, accuracy, reliability, quality, stability, completeness and relevance of the information provided on the Web-Site or through the Web-Site.
8.4. If the User has a claim against another User in connection with the use of the latter Services and / or posted Announcements, and the quality of the Goods, the User must present these claims to the proper person (the Seller) and resolve the claims independently and without the Society's participation.
8.5. The User is responsible for the actions performed on the Web-Site in accordance with the current legislation, including the responsibility for the content of the information placed by him and violation of the rights of third parties in relation to the Goods and / or information posted on the Web-Site. The Society doesn’t accept or assume any responsibility for the content provided by the User or any third member.
8.6. Taking into account the principles of construction and operation of the Internet, Services are provided "as it is", which means that the Society doesn’t provide any guarantees with respect to the Services, in particular, the Society does not guarantee to the User that:
services, their direct or indirect effect and quality will meet the requirements and goals of the User;
services will be provided continuously, reliably and without errors;
the results that will be obtained through the use of the Services will be accurate, reliable and meet the expectations of the User.
8.7. The User agrees that the Society is not liable for any losses incurred by the User in connection with the adoption of measures to suppress or prevent violations on the Site related to the restriction / blocking of Users access to the Site, as well as ip-addresses.
8.8. The Society is not liable for non-fulfillment or difficulties in the performance of obligations due to force majeure circumstances, the consequences of which can’t be avoided or overcome.
8.9. Under no circumstances shall the Society be liable for any delay, failure or disruption of the Web-Site caused, directly or indirectly, by the actions of the forces of nature, the circumstances or causes of force majeure, including, without limitation, failures of the Internet, computer, telecommunication or any other equipment, power outages, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, hurricanes, explosions, natural disasters, wars, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of obligations by third parties.
8.10. The User agrees that the Society doesn’t provide advice on the choice of the Goods, does not have to the Users the obligation to provide information for the exclusion of information contained in this agreement and other documents published on the Web-Site on behalf of the Society. The Society doesn’t offer its clients to make transactions with third parties, does not recommend or advise making decisions on concluding, changing or executing a particular Transaction.
9. Intellectual property rights
9.1. The holder of exclusive rights to the Web-Site and Mobile applications, including, but not limited to, the domain name, the logo, trademark, databases, all technical developments that allow the use of the Site on the Web-Site is the Society. A user or other person is not entitled to use the Web-Site, Mobile Applications or Services in ways not provided for in this EULA without the written permission of the Society, including extracting Information in any form not provided for in the EULA in ways. Exclusive rights to the results of intellectual activity included in the Information provided by Users belong to the respective Users and rights holders.
9.2. For the purposes of implementing this EULA and informing Users and other similar events, exercising the legitimate rights and interests of the Society and ensuring the functioning of the Web-Site, the User provides the Society with a valid worldwide, perpetual right to use the Information (including photographs, texts of product descriptions, trademarks, logos, etc.) by any means on all known or unknown information carriers during the whole period of the exclusive right, and some right to third parties. The user authorizes the use of materials in the Information without the author's name, and also guarantees that the Information provided does not violate any rights of third parties, including exclusive rights.
10. Transfer of rights
The Society has the right, and the User hereby agrees to this, to transfer its rights and / or obligations under this EULA, both in whole and in part, to a third member.
In the event of the transfer of rights and / or obligations, either in whole or in part, under this EULA to a third member, a third member has the right to provide similar or similar services on another Web-Site.
11. Disputes and current legislation
In view of the gratuitous use of the Services provided to the Buyer under this EULA, the provisions of the legislation on the protection of consumers' rights are not applicable to the relations between the Buyer and the Society.
Recognition of parts of this EULA as invalid does not invalidate the other provisions of this EULA