Dear consumers!
Please read attentively the website usage terms and conditions.
These terms and conditions constitute a binding agreement executed between you and Stimull 2022 LTD, which regulates usage of the Company platform by you.
We, the Company - Stimull 2022 LTD
User of the website is a person or entity, which uses the site represented by Stimull 2022 LTD nevertheless it’s the Supplier or the Customer.
The Supplier/Seller/Contractor/Applicant is any person or entity (individual/legal entity/association of persons or entities) which himself or through a company places the items/estate/services, which are owned or possessed the lawful way by such person or entity, on the Company’s platforms for a purpose to sell and deliver them to consumers. (Note: any Seller/Contractor/Applicant (individual/legal entity/association of persons or entities), acting within framework of commercial activities as well any other person, acting on behalf of the Seller/Contractor/Applicant, according to the applicable Law of Georgia About Customer’s Rights Protection, is considered a merchant. Such a person shall comply with norms of distant agreements established by Law of Georgia About Customer’s Rights Protection and other general requirements established by this law.)
2.Representations and Warranties:
When giving consent for these terms and conditions, a customer and the website user confirms and agrees that:
2.1. Is an individual of a major age (minimum 18 years old) or a legal entity capable according to legislation of Georgia;
2.2. Is not under narcotic, alcohol, psychotropic or toxic preparation impact, is not subject to any mistake, fraud, pressure, threat or any unlawful actions and does not constitute object of violence, threat, deception or delusion or another prohibited action committed by a company or any third party, recognizes completely contents of the own will exercising, essence of these terms and conditions provisions and legal consequences proceeding from these;
2.3. Is fully authorized (or will be fully authorized) to sign (the electronic way by announcing consent through marking a relevant button) and will fulfill all the commitments provided for by these terms and conditions;
2.4. Is aware of these terms and conditions and they are admissible for him/her;
2.5. The whole information/materials represented by him/her are true and exact;
2.6. Is not involved and does not participate in any illegal activities (including money laundering, weapon trade, terrorism or other illegal activities) provided for by any jurisdiction legislation (including legislation of Georgia and that of the country, which citizen he/she is);
2.7. When opening a personal account (profile) and for the whole term of the agreement his/her activities and/or actions is/will conform to local and/or international legislation;
2.8. His/her actions are not/will not be directed to the Company and/or any third person/party deception. In consideration of this principle, any document (if any) and/or information represented for the agreement execution or on the grounds of that and for performance purpose to the Company is/will be for the moment of representation true, exact and full;
2.9. He/she will fulfill all the commitments provided for by this agreement bona fide, fully and properly;
2.10. He/she agrees after a personal account (profile) opening, till termination of the Agreement the Company to obtain/verify and process any, including personal, information and unique identifiers indicated by the user or related to him/her;
2.11. ვევა; Will give the Company notices in writing immediately about all the circumstances, which may be contrary to the abovementioned representations and/or cause violation of the warranties;
2.12. The copyright and other intellectual property rights shall apply to the website/platform design, software sets, basic programming code, software and other materials and, therefore, they are subject to protection;
2.13. Will not use any software, in which artificial intelligence is installed in relation to services usage;
2.14. Will not make any action, which:
2.14.1. Violates confidentiality of the Company and the website usage conditions and standards;
2.14.2. Is illegal, delusive, discriminating or fraudulent;
2.14.3. Violates or infringes others’ rights;
2.14.4. Contains viruses or harmful codes or any information, which restricts, makes complicated and/or makes damage to our website/application, or its contents, or our services proper operation or serviceability;
2.14.5. Enables him/her unauthorized access or information collection through automatic devices usage from our website (without our prior consent) or enables access to such information, for which will not be authorized by the Company.
2.15. When we offer you access to a third party’s products or services or hyperlinks to the website/platforms, we do it for information delivery purpose, considering that such information or issues may be useful for our users. Such links do not constitute verification of opinions, ideas, products, information or services, which are placed on the platform by a third party. You use a third party’s information and/or link under your risk, and do not bear (confirm) liability or commitment for such third party information and/or site contents, usefulness or availability. We do not confirm such third party’s data or contents or precision of information as well as we do not give warranty that such information is free from the copyright, trademark or other rights of such third party or contents of data are free from viruses or other bugs. Therefore, we do not give warranty or representation and may not be liable about any electronic information (its contents) delivered by any third party, in particular, without any restriction, about any electronic content exactness, subject, quality or timeliness.
2.16. Upon users are connected through the platform may be executed contracts in relation to various services, in particular, rent, lease, pledge, sale and/or mortgage contract. The Company is not a party of any such contract unless these terms and conditions determine otherwise. The Company is a supporter only in course of contracts execution and performance by users through the platform, which excludes the Company’s liability in the case either Party violates contractual commitments. Therefore, the Company shall not be also liable for:
2.16.1. Contents of the information placed by any user on the platform;
2.16.2. Any damage caused by commitments improper fulfillment or non-fulfillment by any user;
2.16.3. For correctness of any information delivered by any user and damage caused with incorrectness;
2.16.4. For existence of any authorization/license/certificate in relation to property/items/services placed on the platform if existence of that is established by a relevant legislation;
2.16.5.; For further communication establishment among users and/or for its consequences;
2.16.6.; For quality, safety, legality, conformity to description of items/services placed on the platform and for the actions made by a user through the platform;
3.16.7. For damage done by a user to third parties;
3.16.8. For consequences caused with technical problems/hindrances taken place on the platform;
3.16.9. For damage caused with an order annulment/suspension;
3.16.10. For consequences caused with annulment/suspension of any operation performed by a user (auction/order annulment/suspension, etc.);
3.16.11. For consequences caused with violation of a user’s rights committed by another user provided for by Law of Georgia About Consumer’s Rights Protection;
3.16.12. The Company does not bear liability for any operation, commitment or payment determination and fulfillment, proceeding from a transaction executed among users;
3.16.13. For proper fulfillment of any contract executed among users, including correct, consistent performance and its consequences.
3.17. The Company shall execute agreements based on the statements, representations and warranties given in these terms and conditions and considers them conditions of agreements. Violation of the statements, representations and warranties provided for by this article constitutes the sufficient grounds enabling the Company to reject unilaterally all or any of the products delivery and/or services rendering, that are defined by terms and conditions of agreements executed.
3.18. The Company is exempt from any liability, which may be imposed in relation to any action made by a user, violation of any agreement, including these terms and conditions, inconformity to applicable laws and regulations, etc.
3.19. In the case of any discrepancy/claim arisen between users the Company is exempt completely from any claim, which parties may make to each other.
4. Usage rules:
When you enter the registration page a user chooses kind of registration, i. e. registration as an individual or a company and relevant items will arise according to this choice.
If a user is an individual he/she shall select registration through Google; Facebook or Stimull registration, containing the following items:
first name, surname; date of birth; sex, e-mail, phone number, country, city, interests, password; confirm/repeat your password; if a user wishes to be registered through Google/Facebook it is not necessary to complete all obligatory items, it’s why a user shall add some other information.
If when being registered a user chooses “Company” a user may register through Stimull registration form and complete the following items: name of company; official information, e-mail, phone number, address, field of activities, a company’s authorized official, his/her full name, phone number, e-mail password; password confirmation.
When you complete all registration items you will go to the account confirmation page where you should check yourself by phone or e-mail.
Verification process is standard, a user shall choose where wishes to receive a unique code and after e-mail/phone number selection a user will receive the code to be further entered at the website.
When a user enters the registration page a user chooses kind of registration, i. e. registration as an individual or a company and relevant items will arise according to this choice. The following items shall be for an individual:
first name, surname; date of birth; sex, e-mail, phone number, country, city, interests, electronic commerce categories; download ID; password; confirm/repeat your password.
The following items shall be completed for a company: name of company; official information, e-mail, phone number, address, field of activities, electronic commerce categories (area, product, services); a company’s authorized official, his/her full name, phone number, e-mail; ID (personal number) shall be downloaded.
After successful registration a user shall go to the supplier’s page; however, when a user requests products downloading he/she will be required to verify the account. When an offer is downloading the first time your account shall be verified. If you are an individual you will be required to download your ID and the first full offer. If you are a company you will be required to download your identification number and the first full offer. Upon all the abovementioned is downloaded your request will be sent to Stimull administration and after confirmation will be fulfilled by that a supplier’s offer will be downloaded.
When downloading an event an organizer shall complete the following obligatory items: name of event; location; time/length; type of event (interesting categories); media; event description; public/personal event; verification is added
(it is the item, which may be completed by an organizer’s wish if an organizer intends to conduct a public event and wishes to add several questions to be answered by the customers who wish to join an event); tickets#; ticket price; types of tickets (if ticket several baskets; 1 basket, the second basket... tickets sale period (when tickets sale will be over).
Upon all the items are completed an organizer may see what income will be obtained according to all data entered (tickets # and tickets price). An organizer shall be able to add a co-organizer.
When you enter " event " page you wish to see event filter through which I may filter events according to events location, date and type. Depending on what you are looking for you see specific events on the screen. You may see events divided by categories under a search line. If an event is public without any verification process a user will go to the account page where he/she will be able to choose number of tickets to be purchased, verify basic details of an event and click a button " purchase". If a transaction is successful it will be added to an event public. If an event is public you it will be added after clicking button “membership/attendance”.
A user will go to a new page where he/she will check questions to give answers and make verification. After that a user shall see the screen, showing the information that answers will be re-verified and and after an organizer gives consent a user will be able to purchase tickets. If a user receives an organizer’s consent he/she will be able to buy tickets the standard indicated way.
If a user’s request is rejected he/she will receive a rejection notice. If an event is private a user may purchase tickets/join an event by event organizers’ invitation only. Wireframes shall be completed with design components such as colors, pictures, forms, etc.
5. Restriction of the Company’s liability:
5.1. You confirm that you may freely choose whether to use services or not and you do it at your own choice, discretion and risk.
5.2. We provide services with relevant and appropriate qualification and care as well as according to terms and conditions given in this agreement. We do not give any other promise or warranty in relation to services or products, which constitute a part of services, therefore, we exclude (within the framework established by applicable laws) our liability in relation to that (in particular, implied warranties, satisfactory quality and/or conformity to your purposes); in particular, we do not give warranty that the platform and/or services will be available all the time or absence of any program errors, viruses or other faults.
5.3. The Company shall not be liable before you or any other person or entity for contractual, negligent, delict or another loss or damage, which is caused or related in any form with services used by you or any third part, directly or indirectly, including, without any restrictions, damage caused with loss of business, loss of profit ( including loss of anticipated profit or unearned gain), for business activities termination, or for other monetary or essential/material loss. The Company’s liability before users shall apply to deliberate violation of the Company’s commitments and implies commitment to compensate direct damage (if any) caused with such violation.
5.4. The Company shall not be liable before you or any other person or entity for contractual, negligent, delict or another loss or damage, which is caused or related in any form with the link used by you on the platform. The Company shall not be liable for internet website/platform link contents, to which you transfer from the website/platform or from its services.
5.5. You confirm that the Company shall not be liable before you or any third party for any change in services as well as for services suspension or termination.
5.6. You agree that if the services owned by the Company, or by provider of services, or by the platform fail to operate properly as well as in the case of any operation, transaction or transmission hindrance or termination, loss or damage of data or contacts, illegal usage of the platform or its components by third parties or in the case of any circumstance, which is beyond our control:
5.6.1. The Company shall not be liable for any loss, including loss of profit, which will be caused by any of the abovementioned, and such loss shall not be compensated;
5.6.2. If such error causes increase of your profit or increase of profit to be paid to you you are not authorized to accept such profit. You should immediately notify the Company about such error and give back to the Company (according to the Company’s instruction) any profit transferred to your account by fault, or the Company may, at the own discretion, write off relevant amount from your account.
5.6.3. The Company shall not be liable:
5.6.3.1. For products/objects quality, their manufacturing and/or visual deficiency and/or inconformity to announcement (except the case when the Company is a trader or if a user sells products online through the Company transportation service used and products are damaged by the Company’s representative);
5.6.3.2. For service quality inconformity to announcement (except the case when the Company renders such service);
5.6.3.3. In the case guaranty conditions are applied non-fulfillment and/or improper fulfillment of the commitments provided for by guaranty conditions by the Seller/products Supplier/Host/Declarant during the guaranty term;
5.6.3.4. For direct or indirect damage done as result of defective products sale, which unrestrictedly imply unearned income, loss of business and infringement of reputation.
6. Personal data:
6.1 The Company may process personal data for the following purposes:
6.2 Orders acceptance and processing;
6.3 Services and distant agreements, accounts and other official documents preparation, execution and sending;
6.4 Useful information and special offers sending;
6.5 Provision for the Company’s resources efficient management;
6.6 Market statistics and analytics;
6.7 Personnel recruiting and management;
The Company may process personal data on the following grounds:
6.8 The Company’s resources and electronic services usage;
6.9 Consent given by a subject of personal data;
6.10 Distant agreement execution;
6.11 Juridical commitments established in normative acts;
6.12 . Personal data subjects interests protection;
6.13 Procurements analysis and statistics for individual offers;
6.14 Processing of orders and payment by a wire transfer.
Personal data protection against third parties’ access:
6.15 The Company takes care for personal data protection and protects buyers’ confidentiality according to personal data processing regulations and other relevant provisions defined in normative acts.
6.16 The Company takes all organizational, administrative, technical, physical and security measures to provide safety of personal data.
6.17 The Company processes personal data to ensure personal data and confidential information safety required, including protection from unauthorized and illegal processing as well as to protect them from accidental loss, spoilage or destruction.
6.18 As soon as the Company is aware about violation of personal data protection rules the Company shall notify that to supervision authorities immediately.
6.19 For this Agreement purposes the Company constitutes the entity, processing personal data of Stimull 2022 LTD web-platform users.
Personal data storage term
6.19.1 Users store personal data till annulment of his/her registration at the web-platform.
7. The Supplier:
7.1 The Supplier shall make activities according to initially agreed parameters, provide products/services/area delivery according to the reservation parameters.
7.2. When organizing an event and/or selling tickets through our website, in the case of parameters violation/change the Company will not deliver the Supplier amount of tickets , which are already sold.
7.3Financial settlement between the Supplier and users shall be fulfilled through the Company mediation.
7.4. The agreed amount shall be transferred to the Supplier from Stimull 2022 account upon the Company makes sure that activities are fulfilled according to parameters agreed.
7.5 The Supplier shall when defining amount of service fees take VAT and all other taxes, which payment shall be made by the entity that has placed services; the Supplier adds commission fees for the own services.
7.6 In the case the services offered by the Supplier are not fulfilled or they will be fulfilled improperly a user shall deliver information about that to the Company in order the amount paid to be refunded. If the Supplier fails to deliver information about services non-fulfillment to the Company the Company disclaims liability for the amount compensation. The Company reserves the right to cancel the services ordered by a user and refund him/her the amount paid.
7.7 Service fees for an event organization shall be transferred to an event organizer after such event successful accomplishment, such service fees on the grounds of written negotiations may be paid before that.
15. Making alterations:
15.1. The Company is authorized to make alterations in this Agreement and in the confidentiality policy at any time unilaterally and place them on the own website, without a user’s further additional consent. If after such alterations a user continues to use the website and services it shall be consider his/her consent for the alterations made.
15.2. A user is authorized within 10 (ten) calendar days upon information placement on the website and/or in the application to terminate relations with the Company and cancel the own profile at the site.
15.3. In the case a user does not cancel his/her profile and therefore, will not terminate relations with the Company the alterations (amendments) offered by the Company are considered accepted by a user, while the Agreement shall be considered amended, according to terms and conditions offered. The Company is authorized to enter in force the alteration, which does not worsen a user’s status immediately upon placement on the website and/or in the application.