1.Hi and welcome on BiLiJoy – market holiday products and services. This agreement describes the rules that apply to the purchase or provision of services using the BiLiJoy platform (“user terms”) .
2.When we refer to” site”,” service”, we are talking About bilijoy platform. When we say “we” or “BiLiJoy”, it means our team that owns and maintains the service.
4.Anyone can browse the site, but if you want to buy or provide services or use other features of the site, you need to become a member. Membership is free. We call the party which buys the services of the “buyer”. We call the participant who provides services “contractor / seller”. When we talk about” you ” in these terms, we mean any website users (including buyers and performers/ sellers). Our FAQ provides additional information about BiLiJoy and how it works.
5.Buyers are responsible for selecting the right services to meet their needs and ensuring that all aspects of the services, including their scope, the number of changes available and the processing time meet their needs. Buyers must provide the contractor/vendor with complete summary information for each job. It is the buyer’s responsibility to ensure that the summary is comprehensive and understandable.
The performer / seller is a freelancer who sells his services on BiLiJoy .
7.BiLiJoy is not included in any service agreements that you enter into with other members. There is no joint venture between any member and us. We are not a re-supplier of services provided by performers, sellers . Executors, sellers are independent contractors and are not our employees, subcontractors, partners or agents. We provide the site, not the services.
As a buyer or contractor/seller, it is very important to understand the service agreement. This is a contract that you accept every time you start a job.
8.The prices advertised on the website for services are set by performers, sellers. Performers / sellers are responsible for deciding what prices they want to charge.Performers, sellers can change their prices (change or delete their services) without notice. The price will not change for any work already started.
9.All prices are in Russian rubles (for other countries in their currency). You are responsible for any costs associated with currency conversion or Bank charges.
10.Customers pay for services using one of the methods offered on the website ( “method of payment” ). We will give you the job ID and issue a receipt for payment. We will make the payment until the work is closed. 11.To “close” a job, the following things must happen:
12.Prices for services include all indirect taxes (e.g. VAT and sales tax). Executors / sellers are responsible for providing tax invoices to buyers upon request.
13.Contractor / seller pays us a fixed percentage of the price as a “service fee”. We use the revenue generated from the site to operate and maintain the site and the platform funds it provides to users.
It is important that you understand how the completion process in BiLiJoy works. Please take the time to carefully review this section.
14.We offer a dispute resolution process for members. This is an advantage of membership. You agree to use the dispute resolution process to resolve any disputes. You can raise a dispute at any time up to seven days after the completion of the work. We will investigate each dispute, make any decisions and take any action to implement our decision (for example: making payments or partial payments and transferring goods and services) at the discretion of our experts.
15.Buyers use a seven-day period after the completion of the work to make sure that they receive all the final results, that is, all the goods/ services promised under the service agreement/delivery of goods. It is the buyer’s responsibility to ensure that they have received the goods and services before the work is closed as the dispute cannot be raised after this time.
16.If a dispute is raised by either of you at any time prior to closing, we will continue to withhold payment until the dispute resolution process is completed. We will then distribute the payment based on the outcome of the dispute.
17.You may only use the dispute resolution process for the services provided and messages made exclusively through the BiLiJoy service. The dispute that you raise may not be acceptable to the dispute resolution process if it is related to the services or communications provided outside the service. If you do not provide us with information or answers to our questions, or if you do not properly participate in the dispute resolution process, we may resolve the dispute in favor of another party.
18. When a dispute is resolved in favour of the buyer, the repayment will be made using the original payment method.
19. You release us from any liability related to the dispute and the results of any dispute resolution process. Our FAQ contains additional information about the dispute resolution process, including examples for buyers and performers/sellers .
20.When you use the site, you make some promises to us as well as to other members you are dealing with. You promise that you:
21. We own all the content that we have posted on our website (unless otherwise stated). This includes the design, compilation and appearance of the site, all copyrights, trademarks, designs and other intellectual property on the site. We claim ownership of all trademarks, logos, service marks and trade names that we display on the site (unless otherwise stated).
23.You promise that you own or have proper rights to use anything you send to or through the site. This includes everything that you post on the site and send to other users, as well as providing access to them, including all files, assets, communications and materials ( “your content” ). You promise that the use of your content on or through our site will not infringe the rights of any person and that no further permissions are required from others with respect to your content.
24.You give us a license for the publication, reproduction and transmission of your content on or through the website in order to operate the site and provide you with the features of the platform. Your content will only be published if you post it on public sites. Communications and other content sent between buyers and performers/sellers are not viewable by other users.
25. Performers / sellers retain rights in their pre-existing materials provided to buyers, but grant buyers a broad license to these materials. Executors / sellers shall provide buyers with all materials created specifically in accordance with the agreed brief. This is stated in the service agreement.
26. You acknowledge that we may publish and copy any feedback and public comments made by you on any websites operated by BiLiJoy for the purpose of cross-promotion of the site.
27. You agree that you will not:
use a false email address, impersonate others or misrepresent your affiliation with others;
attempt to gain unauthorized access to computer systems or content through the site;
attempt to contact other members through the site or use any information obtained from the site with the intention to make a private arrangement that would otherwise be made using the site;
communicate your contact details on the site or in any communication through the site. Contact details include your email address, location address, Skype name and phone number (but not pens for the social network);
participate in the automatic collection of information from or through the site (for example, “database cleanup” or collection of e-mail addresses);
attempt to interrupt or alter the operation of the site in any way (for example, by sending bulk unsolicited messages, “flooding” servers or introducing a virus, time bomb, Trojan horse, worm, cancellation or other computer program);
use the site or any of its content in a manner that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
disclose any other member you receive through the site that is reasonably deemed to be confidential or marked as confidential;
29. The site will usually be available 24 hours a day, seven days a week. Sometimes we need to interrupt or suspend your access to the site or provide the site platform tools for maintenance, technical or other reasons. We will always try to give you a notification if possible and try to reduce
such interruptions are to a minimum. We do not control the availability of services or performers/ sellers .
30. Our refund to you.
We provide the site, not the services. We are responsible and we are fully responsible for:
our use of the site;
services, communications, content, software or other information that we send through the site;
our violation of any intellectual property rights owned by others;
our violation of these user terms;
our violation of additional terms of the contractor / seller ; and
our violation of any industry code, regulation or law that applies.
You are not responsible for You, but we agree to indemnify you against all claims, liabilities, costs (including legal costs) and damages arising in any way out of any of the matters set out in this paragraph.
31. Your refund to us.
You are responsible and you are solely responsible for:
your use of the site;
any services you purchase or provide through the site;
services, communications, content, information, software or other materials that you submit through the site;
your violation of any intellectual property rights owned by others;
your violation of the service agreement;
your violation of additional terms of the contractor, the seller ; and
your violation of any industry code, regulation or law that applies.
We will not be liable to you or any other person for any claims, liabilities, costs, expenses (including legal fees) and damages arising in any way out of any of the matters set out in this paragraph ( “claims”), and you agree to indemnify us, our Directors, officers, employees and agents from any claims.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of such claim.
This means that you protect us from the costs and claims that arise from your activities on the site.
32. You should carefully evaluate whether the site is suitable for your needs. Everything on the site provided by us is provided “as is” and without warranty of any kind, Express or implied. We do not promise that the content or your access to the site will be uninterrupted or error-free, that any defects will be corrected or that the site or the content is free of viruses or other harmful components. We make no promises about your access to the site or the results of your access in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. We will not be liable to you for any loss that you or any other person or entity has claimed or incurred as a result of the lack of access.
33. We accept performers / vendors after we have reviewed examples of their previous work. But the buyer should make sure that the performers/sellers and their services meet the needs of the buyer. We do not officially support performers/sellers and their goods and services. We have no control over anyone’s business, views, or the quality of their services or content, so we are not responsible for anything provided by other members. If you are dissatisfied with the customer, service provider or service, please use the dispute resolution process. Since we do not provide services, we do not provide any type of insurance.
This means that we cannot promise that all work will be done perfectly, but we will block suspicious performers/sellers. On occupations there is opportunity to do reviews and choose on rating. Performers / sellers should take care of their reputation.
BiLiJoy is not responsible for the performers/sellers.
34. Some jurisdictions may have consumer or fair trading laws that may give you rights that we cannot exclude, restrict, or modify.
35. With the exception of cases stipulated by law, we are not liable for incidental, special, or consequential damages, loss or revenue or lost profits that may arise from your use of access to the service or any inability to use or access the site.Our liability for breach of any implied warranty or condition which cannot be excluded is limited to the provision of our site’s services.
36. If the buyer wants to return the item / work that has been started but has not yet been closed, the buyer must raise the dispute so that we can evaluate the claim and begin the dispute resolution process. As soon as the work is closed , the payment will not be refunded, except in cases provided for by law. To request a return to a closed job, a customer can apply for support . We will evaluate the claims on their merits, examine the materials and services, as well as the relationship between the buyer and the service provider before closing the job. If the task was closed and the contractor/seller is no longer on the website or the buyer cannot contact him / her, this is not a reason for requesting a refund.
There is no obligation to provide refunds for reasons that include if the buyer:
37. Although we may change any of our BiLiJoy terms of service at any time, we will take reasonable steps to notify you when we do so.
38.We may view or delete any content for any reason at our discretion. Reasons may include quality assurance, dispute resolution, if we believe that the use of your content is unauthorized, misleading, incorrect, offensive, or infringing on anyone’s rights. We may investigate any work, allocate funds under certain circumstances and may freeze funds (for reasons such as our investigation of potential fraud) at our sole discretion.
We may take any action at any time to investigate any activity or service in order to ensure the correct use of The bilijoy platform. .
40.You acknowledge that the dispute resolution process is not a legal process and that we cannot provide legal advice. Consent to the use of the dispute resolution process does not waive your own rights and you may obtain legal advice at any time.
41. We do not force you to accept the decisions we make, you retain all your legal rights to appeal, but we reserve the right to suspend or cancel membership of users who in our opinion are using this service with violations.
42.We want you to take advantage of the dispute resolution process and recommend that you use it before you try to resolve it in other ways. We cannot begin a dispute resolution process or make a payment to either the buyer or the contractor/seller until the refund process is completed.
To avoid duplication of payments, only one dispute / refund can be made simultaneously.
43.We control and operate BiLiJoy from our offices in Russia. Russian laws govern these terms and conditions for users and you are subject to the jurisdiction of the courts. Any notice that you provide to us must be sent to us by email .
45. Paragraphs 29, 31, 32, 33, 35, 36, 37, 43, 44 and 45 continue to operate when these user terms end as they contain our ongoing promises or commitments.
46.We do not provide any legal advice on this site. Please consider the suitability of these terms and conditions for users, the agreement on the provision of services between buyers and performers/sellers. You can additionally order this service on the website.