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PUBLIC OFFER AGREEMENT OF THE ALLFOODS MARKET TRADING PLATFORM

This document is an offer from FN Fusion B.V. (hereinafter referred to as the "Company") to Internet users registered on the website AllFoods Market (hereinafter referred to as the "Users") to conclude a framework agreement for the provision of services (hereinafter referred to as the "Agreement") on the conditions specified below (hereinafter referred to as the "Offer").


1. SUBJECT OF THE AGREEMENT


1.1. The Agreement defines the general terms of the obligatory relationship arising between the Company and Users when the Company provides advertising, information technology, and intermediary services, which can be further specified by the parties concluding separate agreements (transactions) on the provision of services on the website www.allfoods on the basis of the Agreement .market and/or other websites (hereinafter referred to as the “Site”) on which the Company provides services.

1.2. The concluded Agreement is an agreement with open terms. The essential conditions of each service transaction made on the Site are formed online individually for the User using the web interface on the Site, through which the User selects the service and its parameters, and the parties agree on the terms of the transaction.


2. CONCLUSION OF THE AGREEMENT. SERVICES ORDERING


2.1. This Offer is considered accepted by the User, and the Agreement between the Company and the User is concluded, from the moment the User pays for the services under the relevant transaction (in this case, it is made simultaneously with the conclusion of the Agreement) or from the moment an advance is made to pay for services ordered in the future. The terms of the concluded Agreement apply to all subsequent transactions of the User. An agreement can only be concluded with a User who is a capable legal entity or individual entrepreneur registered in the manner prescribed by law in the territory of registration of the legal entity.

2.2. Each order by the User for specific services under the Agreement is an independent transaction for the provision of advertising, information technology or intermediary services on the Site. The transaction can be concluded in relation to services presented on the Site and available for order and payment at the time the User accesses one or another service of the Site.

2.3. Payment for the order is recognized as the User’s acceptance of the proposal to conclude a transaction on the terms agreed upon by the parties.

2.4. The User places each order for services in accordance with the terms of the relevant service and the current version of the Offer posted on the Site at the time of ordering services. The order is placed online.

2.5. The User agrees that the fact of performing certain actions on the Site, including using professional technical tools, autoloading, executing commands through the interface elements of the Site (pressing buttons, clicks), making a payment and other similar actions, mean the User’s will in relation to the order and/or activation of services in accordance with the service parameters and their prices indicated on the Site.


3. GENERAL TERMS OF SERVICE


3.1. Services of an information, technical and intermediary nature, which are the subject of individual transactions carried out in pursuance of the Agreement (hereinafter referred to as the “Services”), represent additional functionality of the Site (in addition to the main functionality regulated by the Terms of Use), which are offered for a fee and exclusively within the framework of this agreement Offers, Terms of Use, Rules for Placing Ads, Terms of Use of the "Secure deal" option, Terms of Use of the "Auction" module, Terms of Use of the "Group Order" module, Terms of Use of the "Tender" module, Terms of service for promotion and paid placement of ads ensuring its functioning, including as online bulletin boards for goods independently posted by Site users (hereinafter referred to as the “Site Rules”)

3.2. The condition for the User to receive the Company's Services is their payment and the User's compliance with the Site Rules established in the following documents, as well as in the instructions and explanations presented in the Site interface:

3.2.1 Terms of Use (hereinafter referred to as “Terms of Use”);

3.2.2 Terms of service for promoting ads on AllFoods Market and Terms of paid services for posting ads (hereinafter referred to as the “Terms of Service”);

3.2.3 Rules for posting ads (hereinafter referred to as “Requirements for ads”);

3.2.4 Terms for use of the “Secure deal” option – (hereinafter referred to as the “Secure Deal Terms”)

3.2.5. Terms of use of the "Auction" module – (hereinafter referred to as the "Auction Terms")

3.2.6 Terms of use of the “Group Order” module – (hereinafter referred to as “Group Order Terms”)

3.2.7 Terms of use of the "Tender" module – (hereinafter referred to as the "Tender Terms")

3.3. The Company’s obligations to provide Services in accordance with the User’s orders are counter to the User’s obligations to comply with the Site Rules and pay for the Services. If the User fails to fulfill these obligations, the Company, acting on the basis of the powers provided for by the laws of the Kingdom of the Netherlands, may suspend or refuse to provide the Services in the relevant part.

3.4. The Company provides Services to the User if it is possible to provide them, which is determined, inter alia, by the User’s compliance with the Site Rules established for them. In connection with the purpose of the Site Rules as regulating the behavior of Site users as norms, without compliance with which its normal functioning as an online marketplace for goods, services and other offers is impossible, the User understands that failure to comply with the Site Rules may lead to the impossibility of fulfilling the Company’s obligations to provide the relevant Services .

3.5. Due to the nature of the Services offered by the Company, aimed at meeting the individual needs of Users for the promotion of goods, works, services and other offers, under the Agreement the Company does not assume the obligation to provide Services to each person who contacts it and may refuse to provide Services to the User , if their provision does not comply with the Site Rules, including its topics, categories, policies, etc.

3.6. Some Services on the Site may be available only to certain categories of Users, for example, the “Auction” and “Group Order” modules.

3.7. The conditions for the provision of specific Services under the Agreement, including their content, scope and terms, are determined in the relevant conditions on the Site, rules and requirements presented in the Site interface.

3.8. The Services provided on the Site may be changed, supplemented, updated, and therefore their use is offered in an “as is” mode, that is, in the form and extent in which they are provided by the Company at the time Users access the Site services.

3.9. The Company has the right to send the User, via the contact details available in his personal account on the Site, notifications related to the execution of this Agreement or any of the transactions concluded under the Agreement, including notifications about the status of the provision of the Service, renewal methods and other information messages, via SMS and/ or by email.

3.10. When using the Services, the User undertakes to comply with the requirements of the current legislation of his country and the Kingdom of the Netherlands, the provisions of the Agreement, the relevant conditions of the selected service, the Site Rules, as well as the instructions presented in the Site interface.

3.11. At the request of the Company, the User is obliged to provide the information and documents necessary to identify the User as a party to the Agreement in the event that the User sends applications, requests and other requests to the Company related to the provision of Services on the Site. In addition, the Company has the right to independently verify the User as a party to the Agreement by checking the details specified by the User in his personal account on the Website with the details of the payer under the Agreement.

3.12. Actions performed using the User's login and password are recognized by the parties as having been committed by the User and having the force of a simple electronic signature.


4. COST OF SERVICES AND PAYMENT PROCEDURE


4.1. The cost of the Service selected by the User when concluding a transaction under the Agreement is determined based on its characteristics (type of Service, composition of the Service package and other parameters). Payment for Services is carried out at prices in effect at the time of payment.

4.2. The User can pay for the Services using one of the methods presented in the interface on the Site at the time of placing an order for the Services, including through the previously transferred advance payment, information about which is available in the balance in the User’s Personal Account. The choice and use of the payment method for the Services is made by the User at his own discretion from those offered on the Site or by the Company at the time of payment.

4.3. The Company provides the User with information about all payments made by the User on the Site using a special information and analytical section (Balance) in the User’s personal account on the Site.

4.4. The order of Services must be paid in full using one payment method. Payment for one order at the same time in different ways is not provided.

4.5. As part of incentive activities or in other cases, by the sole decision of the Company, the User may be provided with bonuses. The use of bonuses is carried out in the form of providing a discount on the cost of services when paying for them or coupons. The User does not receive the cash equivalent of bonuses provided by the Company. The conduct of such incentive events and the conditions for providing bonuses and/or prizes are governed by special rules, of which the User will be notified in advance.

4.6. The fact that Services are provided to the User on the Site and their volume are determined on the basis of statistical data from the Company’s accounting system.

4.7. If the Company does not receive the User's written reasoned objections regarding the Services provided within 3 (three) business days from the date of completion of the provision of these Services, they are considered to be provided by the Company properly and accepted by the User in full.

4.8. Responsibility for receiving any documents (including messages, notifications) lies with the User. The Company is not responsible for the delay or failure of the User to receive messages, notifications, etc., if this is the result of a malfunction of communication systems, actions/inactions of providers, telecom operators, loss of access by the User to his personal account or other circumstances beyond the control of the Company.

4.9. The User is solely responsible for the correctness of the User data specified in the User’s personal account. If the User's details change, he is obliged to immediately make the appropriate changes in his personal account, and if it is impossible to independently change such data, notify the Company of such changes in the form established by the Company with an attachment, at the Company's request, confirming the changes in documents.

4.10. The Company has the right to check the correctness of the User’s details specified in the personal account by checking with the data contained in the unified state register of legal entities (individual entrepreneurs) and, if there are discrepancies, correct the relevant data using the VAT specified by the User as the User’s identifier.

4.11. Under this Agreement, the Company may provide the “Secure deal” service (intermediary service) for purchase/sale transactions between Users on the site. The "Secure deal" services are governed by the Terms of Use of the "Secure deal" option, which are available on the Site and are also an Appendix 1 to this Agreement.


5. RESPONSIBILITY


5.1. The Company undertakes to make all reasonable efforts to properly provide the Services, but is not responsible and does not compensate for the User’s losses if the User cannot use the Services for the following reasons:

  • technological malfunctions of public communication channels through which access to the Services is provided, the User’s loss of access to the Internet for any reason, errors, omissions, interruptions in work or data transmission, defects in communication lines and other technical failures;
  • unauthorized interference in the operation of the Site by third parties, including hacker, DDoS attacks, virus programs and other disruptions to the Site.
  • loss by the User of access to his personal account, including if there are signs of unauthorized use;
  • in cases falling under the definition of force majeure circumstances.
  • 5.2. In the event of damages to the User due to the fault of the Company, liability is determined in the manner prescribed by current legislation. In this case, the Company’s liability is determined in an amount not exceeding the cost of the Service ordered and paid by the User, but not received through the Company’s fault, or, if applicable, in an amount not exceeding the User’s balance at the time of the loss and only in the event of the User losing part or all of the money funds on balance.

    5.3. The Company is not responsible to the User for losses incurred by the User through no fault of the Company, including in connection with the User’s violation of the Site Rules.

    5.4. The User is informed and agrees that some of the operations, including (but not limited to) operations for accepting payment for the Services provided, are not controlled or monitored by the Company personally or through third parties; the Company is not responsible for the transfer and/or receipt of the User’s funds in payment for the Services. Security, confidentiality, as well as other conditions for using the payment methods chosen by the User are determined by agreements between the User and the relevant organizations.

    5.5. The User is responsible for any actions performed using the User's login/password on the Site, email address, telephone number (including for the actions of employees and third parties), as well as the safety of his login/password and for losses that may arise due to unauthorized use of the User's personal account and simple electronic signature.

    5.6. In case of theft/loss of a login or password, the User independently takes the necessary measures to change the password to access his personal account and/or Services. The Company is not responsible for the actions of third parties resulting in the theft/loss of the User's login or password, as well as any expenses, damage and/or lost profits incurred by the User in connection with unauthorized access of third parties to the User's personal account.

    5.7. The Company does not guarantee that the services on the Site meet the User’s expectations and that the User receives a response from visitors to the advertisements he places in connection with receiving Services on the Site.


    6. CONSIDERATION OF CLAIMS


    6.1. All disputes and disagreements that may arise between the Company and the User and arising from this Agreement or in connection with it will be resolved through negotiations. If it is impossible to reach an agreement on controversial issues through negotiations within 30 (thirty) calendar days from the receipt of a written claim, disputes are resolved in court in accordance with the current legislation of the Kingdom of the Netherlands.


    7. OTHER CONDITIONS


    7.1. The Agreement comes into force from the moment of its conclusion in the manner specified in Section 2 of the Offer and is valid for an indefinite period until its termination in accordance with the Agreement and the law.

    7.2. The Company has the right to change and/or supplement the terms of the Offer to the extent permitted by applicable law, as well as withdraw the Offer at any time. The date of modification of the Offer is the date of publication of the new version of the Offer on the Website. The User must familiarize himself with the current version of the Offer posted on the Site and the terms of each transaction before concluding the Agreement and completing the transaction.

    7.3. Ordering Services and the User completing a transaction under the Agreement after the entry into force of changes in the Offer means that the parties have agreed to make appropriate changes and/or additions to the Agreement. Such changes to the Agreement do not apply to Services ordered and paid for by the User earlier, before the changes to the Offer came into force.

    7.4. The Company has the right to terminate the Agreement in the manner prescribed by current legislation, with notification of this to the User through the Site interface, by email or in another way.

    7.5. The Agreement may be terminated early at the User's initiative. Upon termination of the Agreement, the User has the right to apply to the Company for the return of the unused balance of funds in the amount of his balance, excluding bonuses provided to the User.

    7.6. The Agreement represents all terms and conditions agreed between the Parties in relation to its subject matter, and supersedes all previous agreements, representations and any kind of agreement between the Parties in relation to its subject matter, unless otherwise expressly agreed by the Parties.

    8. COMPANY DETAILS


    FN Fusion B.V.
    Address: P.F. von Sieboldlaan, 1431KG, AALSMEER, NL
    Bank details: Revolut Bank UAB
    IBAN: LT743250082723544169
    BIC: REVOLT21
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