QoyHunter Bazar Marketplace Terms of Use

Marketplace: https://bazar.qoyhunter.com · Website: https://qoyhunter.com · Application: https://app.qoyhunter.com
Contact for enquiries and complaints: help@qoyhunter.com
Version 1.0

These Terms supplement the User Agreement (public offer) and the Privacy Policy of QoyHunter and govern the use of the QoyHunter Bazar marketplace. In matters not regulated here, the User Agreement and the Privacy Policy apply. The Auction Rules are a separate document and an integral part of these Terms. The processing of personal data arising specifically on the Marketplace and in the auction is described in the Addendum to the Privacy Policy — read it together with the Policy.

1. General provisions and definitions

1.1. These Terms set out the procedure for placing Listings on the Marketplace, the rules of conduct for Users, the moderation procedure, the procedure for filing complaints and for taking down Listings, the procedure for communication between Users, as well as the allocation of liability between the Company and Users.
1.2. Definitions: Company / Service Operator / "we" — the person that operates the QoyHunter service, including the Marketplace, and determines how it works; the Company is contacted at help@qoyhunter.com (clause 19.6). Platform / Marketplace / QoyHunter Bazar — the section of the QoyHunter service (website, application, Telegram bot and related channels) where Users place Listings and find one another. Listing — a card placed by a User offering an animal, raw or processed produce, or a service. Lot — an item put up for auction; the conduct of the bidding is governed by the Auction Rules. Seller — a User who has placed a Listing or a Lot. Buyer — a User who has enquired about a Listing or takes part in the bidding. Chat — the exchange of messages between a Buyer and a Seller by means of the Platform. Buyer Request — a public message from a Buyer stating what they are looking for, to which Sellers give Responses. Order — a request addressed to the Company through the "made-to-order" form or the Telegram bot asking the Company to source and supply animals (Section 14); this is a request for a service of the Company, not contact with a Seller. Moderation — the review by the Company of a Listing for compliance with these Terms and with the law. Transaction — the contract between the Seller and the Buyer.
1.3. By placing a Listing, starting a Chat, submitting a Buyer Request or a Response, taking part in the auction or otherwise using the Marketplace, the User confirms that they have read, understood and accepted these Terms. If you do not agree — do not use the Marketplace.
1.4. Some Marketplace features are rolled out in stages; the availability of a feature is determined by the interface. Features that are absent from the interface are not provided by the Company and give rise to no obligations.

2. The role of the Platform: two different modes

2.1. This is the key section of the document. The role of the Company differs depending on where the transaction takes place:

• outside the auction (ordinary Listings, Chats, Buyer Requests and Responses) the Company provides a classified-ads board: a place where Users publish their offers and find one another. The Company does not conduct the Transaction and bears no liability for it;
• in the auction the Company conducts the bidding: it publishes the Lot, accepts Bids, determines the Winner, maintains the queue of candidates, contacts the Winner through an administrator and records the outcome of the bidding by a mark in the manner set out in the Auction Rules. The procedure and the limits of that role are set out in the Auction Rules.
  2.2. Outside the auction. The Company is not a seller, a buyer, an agent, a commission agent, an attorney-in-fact, a guarantor, a surety, a custodian, a carrier or an organiser of the bidding, and is not a party to the Transaction. The terms, the price and the procedure for inspection, payment, handover, delivery and paperwork are agreed upon and performed by the Seller and the Buyer directly between themselves and at their own responsibility. The Company does not verify the course or the outcome of such Transactions, holds no information about them and does not consider disputes about them on the merits (clause 8.7).
  2.3. In the auction. The Company determines the procedure for holding the bidding, accepts Bids, announces the Winner, maintains the queue of candidates for purchase, contacts the Winner through an administrator and records the outcome of the bidding by a mark in the manner set out in the Auction Rules. In doing so the Company does not become the seller of the Lot or a party to the transaction between the Seller and the Winner: it conducts the bidding procedure, whereas the contract is concluded and performed by the parties. The limits of the liability of the Company in the auction are set out in the Auction Rules and in Section 17 of these Terms.
  2.4. There are no payments on the Platform — in either mode. The Company does not accept payment under Transactions, does not operate a shopping cart, escrow or any other holding of funds, does not pay out or refund money, does not charge any commission on a Transaction and holds no information as to whether payment has been made, in what amount and by what means.
  2.5. What the Company actually does (this list is deliberately detailed so that the role of the Platform is described honestly):
• 1. carries out pre-publication moderation of Listings and Lots placed by Users: such a Listing is published only after review. Cards created by the Company itself are published without prior review;
• 2. may correct obvious formatting errors (a typo, the catalogue section, the photo format), hide or take down a Listing;
• 3. determines the display order, the sorting, the filters and the curated selections of cards;
• 4. provides the Chat between the Buyer and the Seller and the technical means for its safety (blocking the other party, complaining about a chat);
• 5. accepts Buyer Requests from Buyers and Responses from Sellers, displays them publicly and notifies Sellers of new Buyer Requests in their catalogue section and region;
• 6. publishes Listings on the Marketplace pages and generates search (SEO) pages and the sitemap; auction Lots are additionally published in the auction Telegram channel and in the linked discussion group; the Company may announce individual Listings in its own channels and social networks;
• 7. generates product feeds of Listings for search and shopping services (Google, Yandex, Microsoft/Bing);
• 8. sends notifications about events (a new message in a Chat, a Response to a Buyer Request, the appearance of a matching Listing, auction events);
• 1. conducts the auction to the extent set out in the Auction Rules, including maintaining the queue of candidates and recording the outcome of the bidding;
• 10. displays the reviews left by Buyers about Sellers for transactions recorded by the Company (Section 11);
• 11. receives and processes Orders (Section 14) and delivery requests — these are the Company's own services, not contact with a Seller;
• 12. converts the price of a Listing into the currency chosen by the visitor at the official exchange rate (clause 4.3);
• 13. calculates and displays a price benchmark based on previously placed Listings (clause 2.7);
• 14. receives and handles complaints (Section 8).
      2.6. What moderation does not mean. Moderation is a review of a Listing by the outward features of the card for obvious breaches of these Terms and of the law. Moderation is not a verification of:
• the accuracy of the information in the Listing (breed, weight, age, sex, condition, origin, price);
• the quality, safety, condition and health of the animal or the produce;
• the Seller's ownership of the subject of the Listing and their authority to dispose of it;
• the authenticity of veterinary, sanitary, permit and other documents;
• the solvency, good faith and intentions of a User.
  2.6.1. Moderation is a right of the Company and not an obligation assumed towards the User as to any particular scope, time frame or result. The Company does not guarantee that all breaches will be detected, is not liable for breaches that were not and could not have been detected by the outward features of the card, and may change the procedure, the scope and the sequence of the review. Passing moderation does not make the Company the seller, the author or the guarantor of the Listing, creates no warranties in respect of the subject of the Listing and is not a confirmation of the information provided by the Seller. The absence of a measure in relation to a particular Listing does not mean that the Company has checked or approved it.
  2.7. Publication of a Listing does not mean approval, recommendation, a guarantee or confirmation by the Company of the information contained in the Listing. The Company does not use marks such as "verified", "verified seller" or "safe deal" and does not confirm the stated characteristics. The marks and the information that the Company displays on a card mean exactly the following and nothing beyond it:
• the veterinary certificate mark — an administrator has seen the document attached by the Seller; the Company does not confirm its authenticity, does not check that it corresponds to the animal and does not keep it for the Buyer (clause 4.11);
• information about the Seller (how many Listings they have and since when they have been on the Platform) — these are facts about their activity on the Platform, not an assessment of their good faith;
• reviews and the average rating — the opinions of other Buyers, for the content of which their authors are responsible (Section 11);
• the view and favourite counters — the number of people who have viewed the card and added it to their favourites; they are displayed only from a threshold value onwards, which is why a new card does not show them;
• the price benchmark ("items like this usually cost about this much") — a reference calculation based on previously placed Listings, which is not a valuation, a price recommendation or a guarantee that such a price is achievable.
  2.8. The performance by the Company of the actions listed in clause 2.5 does not make the Company the author of a Listing, a party to a Transaction or a person that has assumed the obligations of a Seller or a Buyer, and does not constitute the assumption of a duty to verify the accuracy of Listings or to monitor the performance of Transactions. Technical and service designations on the Marketplace pages, in product feeds and in the publications of the Company (including machine-readable page markup) are not a statement that the Company is selling the goods.
  2.9. The Company may, but is not obliged to, carry out a systematic search for breaches in the materials placed on the Platform. The Company does not exercise permanent control over the materials of Users beyond the procedure established by Section 7 and is not obliged to monitor of its own motion the course and the performance of Transactions or the conduct of Users outside the Platform. The absence of a reaction to a breach of which the Company was not aware does not mean consent to it.
  2.10. Other QoyHunter services are governed separately and are not covered by these Terms: access to the farm-record application and paid subscriptions are governed by the User Agreement and the offer; animal delivery services are governed by the terms of the relevant service; an Order is governed by Section 14 of these Terms and by the arrangements between the parties. If in a particular transaction the Company acts not as an intermediary but as a party, clause 2.2 does not apply to that transaction.

3. Registration, account and age

3.1. Without a QoyHunter account the following are available: viewing Listings, Lots and Buyer Requests, filing a complaint (Section 8), placing an Order (Section 14), and also submitting a Lot and taking part in the bidding through the Telegram bot — there a Telegram account and the telephone number provided in the bot are sufficient (Section 13). A QoyHunter account is required for: placing Listings, a Chat with a Seller, submitting a Buyer Request and a Response, favourites, subscribing to alerts about the appearance of goods, reviews and placing a Bid from the Lot page on the website. The account is single for the QoyHunter application (farm records), the Marketplace and the blog; registration is by telephone/login or through Telegram. On registration by telephone/login an e-mail address is mandatory and is confirmed by a code sent in a letter: access to the account is recovered through e-mail.
3.2. There is no anonymous Chat and there are no anonymous Responses on the Platform. You can write to a Seller and respond to a Buyer Request only from an account: otherwise the other party would not be able to reply, and the message would be a message to nowhere.
3.3. Taking part in the bidding requires a Telegram account, the telephone number provided in the Telegram bot and confirmation of the Auction Rules (Section 13) — whichever way the Bid is placed; a Bid from the Lot page on the website additionally requires a QoyHunter account with Telegram linked to it.
3.4. The User provides accurate data and keeps up to date the contact details through which they will be reached.
3.5. The User keeps their credentials confidential. All actions performed under an account are deemed to have been performed by the User. Report unauthorised access immediately to help@qoyhunter.com.
3.6. The Marketplace is intended for persons who have reached the age of 18. Use by persons under 18 is permitted only with the consent and under the responsibility of their legal representatives.
3.7. The creation of several accounts by one person in order to circumvent restrictions, inflate metrics, influence the bidding or circumvent moderation measures is prohibited.

4. Placing Listings

4.1. A Listing is placed by the User themselves and on their own behalf. The Company does not compose or commission the content of Users' Listings. Individual cards may be placed by the Company itself — enquiries about them are addressed to the Company (clause 9.8).
4.2. A Listing must:

• contain accurate and up-to-date information about the item offered for sale or about the service;
• contain photographs of the animal or goods actually offered, taken by the User or used by them on a lawful basis (the use of other people's photographs and of images from the internet is prohibited). A Listing without a photograph is not published;
• correspond to the chosen catalogue section and its attributes;
• contain the price and the currency, or be marked as "price negotiable";
• state the region where the subject of the Listing is located.
  4.3. Price and currency. The Seller states the price in their own currency from among those supported by the Platform (soum, US dollar, Russian rouble, euro, tenge). Only the amount stated by the Seller in the currency stated by them is legally relevant and constitutes the Seller's offer; it is that amount which is stored, displayed on the card and passed to the product feeds. In addition, the storefront may display an approximate conversion of that price into the currency chosen by the visitor at the official exchange rate of the Central Bank of the Republic of Uzbekistan. Such a conversion is for reference only: the rate is updated periodically, is not a market rate and binds neither the Seller nor the Buyer. A discrepancy between the converted price and the stated price does not make the Listing inaccurate. The Seller may choose not to display the price — the Listing is then marked as "price negotiable" and is not passed to the product feeds.
  4.4. Location. A Listing states the region. A map, a radius, the distance to the Buyer and the address of the farm are not displayed on the Platform. The exact coordinates of a farm are never published — neither on the Marketplace pages, nor in the product feeds, nor in the responses of the application programming interface. This is a security measure: a point on a map next to a photograph of a pedigree animal is a ready-made address for livestock theft.
  4.5. The contact details of the Seller are not published in a Listing. There is no field for the Seller's telephone number in a Listing. Contact with the Seller begins with a Chat (Section 9). If the Seller has themselves stated their contact details in the text, the title or on a photograph of the Listing, those details become public — with all the consequences set out in clause 16.2.
  4.6. One item for sale — one Listing. Duplicating Listings, artificially raising them in the results and placing them in unsuitable catalogue sections are prohibited.
  4.7. The Seller must take the Listing down from publication immediately after the item has been sold or once the offer has ceased to be valid. A Listing that has been taken down is hidden from the storefront; its exclusion from search engines, caches and third-party shopping services takes additional time and does not depend on the Company.
  4.8. By placing a Listing, the Seller confirms and warrants that:
• they are the owner of the subject of the Listing or are duly authorised to dispose of it;
• the item is not withdrawn from or restricted in civil circulation, is not pledged, seized or subject to a dispute;
• they are entitled to provide the services stated, including holding the licences, permits and qualifications where the law requires them (including for veterinary services and slaughter services).
  4.9. Produce of animal origin (meat, milk, eggs, honey, wool, hides, processed products): the Seller confirms compliance with the veterinary and sanitary requirements of the law for its production, storage and sale, including the requirements as to the place of slaughter and as to accompanying documents.
  4.10. Animals. The Seller confirms that no quarantine or other veterinary restrictions have been imposed on the animal or on the farm, and that they hold the veterinary accompanying documents to the extent required by law for the sale and movement of the animal. The duty to obtain veterinary documents and to comply with veterinary requirements during transport rests with the Seller and the Buyer (depending on the terms agreed between them), and not with the Company.
  4.11. The veterinary certificate mark. The Seller may attach a veterinary certificate to a Listing. The attached document is not published; the card displays only the fact that an administrator has seen it. This mark is not a confirmation of the authenticity of the document, of its validity, of its correspondence to a particular animal or of the absence of veterinary restrictions. The Buyer should demand the original document upon inspection and handover of the animal.
  4.12. The Company may set limits on the number of Listings, photographs, updates, Buyer Requests and new Chats — including depending on the tariff plan — and may also introduce requirements as to the quality of cards.

5. What may not be placed

5.1. It is prohibited to place Listings, Lots, Buyer Requests, Responses, reviews, Chat messages and other materials:

• 1. concerning animals and goods that the User is not entitled to dispose of, including stolen ones and ones that are pledged, seized or subject to a dispute;
• 2. concerning animals from farms or settlements on which quarantine restrictions have been imposed, and also concerning knowingly sick animals without an express statement of their state of health;
• 3. concerning produce of animal origin produced in breach of veterinary and sanitary requirements (including produce obtained from backyard slaughter where such slaughter is not permitted);
• 4. concerning species withdrawn from or restricted in civil circulation, rare and protected species and their derivatives;
• 5. concerning medicinal and veterinary preparations whose circulation requires a licence or a prescription; concerning narcotic drugs, precursors and poisons;
• 6. concerning weapons, ammunition, explosives and other items restricted in civil circulation;
• 7. concerning services for the provision of which a licence or a permit is required, where the User does not hold one;
• 8. connected with cruelty to animals, with the organisation of animal fights and with other unlawful acts;
• 1. concerning financial pyramids, "quick earnings", loans, currency exchange and other financial services unrelated to the subject matter of the Marketplace;
• 10. containing forged documents, forged veterinary certificates, marks and seals, and also offers to produce them;
• 11. containing the personal data of third parties without a lawful basis, other people's contact details or other people's photographs;
• k1) containing telephone numbers, messenger nicknames and other direct contact details — including the User's own contact details: communication between Users takes place through the Marketplace Chat (Section 9), where both parties have a complaint mechanism, a rating and dispute review; the submission form does not accept such Listings;
• 12. containing insults, threats, discriminatory statements, incitement of hostility, defamatory information or pornographic materials;
• 13. unrelated to the subject matter of the Marketplace, and also advertising of third-party platforms and services.
      5.2. The following are also prohibited: spam and mass mailings to Users, including through the Chat and Responses; the collection of Users' contact details for third-party purposes; the placement of malicious links; automated data collection (scraping) beyond the features of the Marketplace — by robots, parsers, crawlers, emulation of user actions and mass requests to the interfaces, as well as the reproduction of the database of Listings or of a substantial part of it (clause 15.6); the inflation of views, favourites, responses and reviews; the circumvention of moderation, restrictions and blocks.
      5.3. It is prohibited to mislead anyone as to the role of the Company: to assert or to create the impression that payment is made "through QoyHunter", that the Company holds funds in escrow, guarantees, insures or supports a Transaction, has checked the goods or is a party to a Transaction.

6. Accuracy of information and the responsibility of the User

6.1. The User bears full responsibility for the content of their Listing, Buyer Request, Response, review and Chat messages, for the accuracy of the information stated, for the lawfulness of the offer and of the Transaction, and also for the performance of the obligations they have assumed towards the other party.
6.2. The User independently ensures compliance with the requirements of the law applicable to their activity, including veterinary, sanitary, permit, advertising and tax requirements.
6.3. The User releases the Company from liability and shall reimburse documented losses, expenses (including the cost of legal assistance) and the amounts of fines and other penalties incurred by the Company as a result of the User's breach of these Terms, of the law or of the rights of third parties, including in respect of claims connected with their Listing, with the content of a Chat and with a Transaction.
6.4. If the Seller is a business entity and sells goods or provides a service to a consumer, the requirements of consumer protection law are addressed to the Seller. Upon a lawful request, the Company provides the information it holds about the Seller in the manner established by law.

7. Moderation, refusal to publish and measures against a User

7.1. A Listing placed by a User is published after moderation; until publication it is displayed in the User's account as being under review. The Company endeavours to review Listings within the shortest reasonable time but does not guarantee any particular publication time. Cards created by the Company itself are published without prior review and are moderated after publication.
7.2. The grounds for refusing publication, hiding or taking down a Listing are: a breach of these Terms or of the law; a well-founded complaint; indications that the information is inaccurate or that there is fraud; duplication; unsuitable or other people's photographs; the absence of mandatory information or of a photograph; a lawful request of an authorised body; the withdrawal of consent to the processing of the data necessary to display the Listing.
7.3. The measures that the Company may apply are: to request clarifications and supporting documents; to refuse publication; to hide or take down a Listing; to correct an obvious formatting error without changing the material terms of the offer; to restrict individual features (publication, Chat, Buyer Requests, participation in the auction); to suspend or block an account in the event of a gross or repeated breach.
7.4. The status of a Listing (under review, published, rejected, taken down) is displayed to the User in their account. The Company notifies the User of a refusal to publish and of the reason for it by any available means; in any event the User may find out the reason for a measure upon request to help@qoyhunter.com. No notification is sent where this would be contrary to the law or to a lawful request of an authorised body.
7.5. Appeal. The User may disagree with a measure and send an enquiry to help@qoyhunter.com. The enquiry is considered within up to 30 calendar days; the Company endeavours to reply sooner. If the measure was applied in error, the Listing is restored or the restriction is lifted.
7.6. The Company is not obliged to restore a Listing that has been taken down and does not compensate losses caused by a refusal to publish, by the taking down of a Listing or by the blocking of an account, except where the law expressly provides otherwise. The Company does not guarantee the preservation of a Listing that has been taken down or rejected or of the files attached to it and is not obliged to provide them to the User after it has been taken down (clause 17.7). The application of moderation measures does not give rise to any obligation of the Company to reimburse the User's costs of preparing the Listing, the costs of its promotion or lost profit.

8. Complaints and the procedure for taking down Listings

8.1. Where to apply. A complaint may be filed using the "Report" button in the interface — about a Listing, about a Buyer Request, about a User and about a Chat — and also by letter to help@qoyhunter.com. A complaint is accepted without registration; providing the contact details of the complainant is voluntary and is needed only in order to reply.
8.2. What to state in a complaint: what you are complaining about; what the breach consists in; substantiation of your rights, if the complaint is filed by a rightholder or by a person whose data has been placed; if you wish — contact details for a reply. The Company may request clarifications.
8.3. Time frames. The Company considers a complaint within up to 30 calendar days. Where the content is manifestly unlawful, where there is a threat to the safety of people or animals, and also upon a lawful request of an authorised body, measures are taken immediately, and the Listing may be hidden for the duration of the review. A reply is sent to the complainant if they have left contact details.
8.4. The position of the author. The author of the Listing is notified of the measure taken and may submit objections and supporting documents (clause 7.5). If the lawfulness of the Listing is confirmed, publication is restored.
8.5. A complaint about a Chat. By filing a complaint about a Chat, the User agrees that, in order to review the complaint, an administrator of the Company obtains access to the content of that Chat thread. Without such access it is impossible to distinguish a threat from defamation. The access is limited to the review of the particular complaint.
8.6. The complainant is responsible for the accuracy of the information in the complaint. Knowingly false and systematic unfounded complaints are grounds for restricting the features available to the User who files them.
8.7. The Company does not consider disputes between Users on the merits of a Transaction and does not determine which of the parties is right: the Company has no access to the settlements between the parties, to the subject of the Transaction or to the evidence of either party. The consideration of a complaint concerns only compliance with these Terms on the Platform. The particularities of handling enquiries following the bidding are set out in the Auction Rules.

9. Communication between Users: the Chat

9.1. The Chat is the only way to contact a Seller on the Platform. There are no enquiry forms on an item card on the Platform. The Company does not pass the Seller's telephone number to the Buyer and does not pass the Buyer's contact details to the Seller: the parties exchange contact details themselves, when they see fit. The auction is an exception: following the bidding, the Company passes to the Seller the telephone number of the Participant to whom the right to purchase has passed (clause 13.3.1 of these Terms, clause 8.5 of the Auction Rules).
9.2. A Chat may be started by a Buyer who is logged in to an account, in relation to a particular published Listing. Both parties may reply. The Chat is conducted in the Marketplace account area; a notification of a new message may be sent through the Telegram bot.
9.3. These Terms apply to the Chat. The following are prohibited: spam and mailings, insults, threats, deception, the dissemination of other people's personal data, the offering of unlawful goods and services, and also attempts to divert settlements to schemes presented as "payment through QoyHunter".
9.4. Either party may block the other party; neither party may then write in that thread. Only your own block may be lifted. A complaint about a Chat is filed in accordance with clauses 8.1 and 8.5.
9.5. The Company does not guarantee that the Seller will read a message and reply to it, and is not liable for the absence of a reply, for the content of messages or for the arrangements reached in the Chat. The Company is not a party to the Chat, does not check its content (save in the cases set out in clause 9.6), does not confirm the identity of the other party and is not liable for the performance of what the parties have agreed.
9.6. The Company may store the Chat for the period necessary to ensure safety, to consider enquiries and complaints and to protect rights, and may view its content when considering a complaint about that Chat, where there are indications of fraud, or upon a lawful request of an authorised body. The storage periods are set out in the Privacy Policy.
9.7. Having received the contact details of the other party, the User must use them solely to make contact in relation to that Listing or Buyer Request, must not pass them to third parties and must not use them for mailings. In relation to the data obtained in this way the User acts independently and bears the responsibility provided for by personal data legislation.
9.8. Cards placed by the Company itself have no Seller as a counterparty: no Chat is started in relation to them, and any enquiry is addressed to the Company. Such an enquiry is handled in accordance with Section 14.

10. Buyer Requests from Buyers and Responses from Sellers

10.1. A Buyer who has not found what they need on the storefront may place a Buyer Request: what they are looking for, in what quantity, in what weight range, with what budget, by what date and in what region. A Buyer Request is placed by a logged-in User.
10.2. A Buyer Request is public. Its content is available to an unlimited number of persons and is indexed by search engines. The name and contact details of the author are not published.
10.3. A Seller may give a Response: offer a price, leave a comment and attach their own Listing. A Response is also public — the price offered, the comment and the attached Listing are visible to any visitor. By publishing a Response, the Seller understands that the price they state becomes publicly available.
10.4. The contact details of the responding Seller (display name, account telephone number, Telegram username) are disclosed only to the author of the Buyer Request and only upon the Response being given. The author must use them in accordance with clause 9.7. A Response from a User who has no means of contact whatsoever is not accepted.
10.5. Sections 5–8 of these Terms apply to Buyer Requests and Responses. The Company may limit the number of open Buyer Requests per User. The author may close their Buyer Request at any time; a closed Buyer Request is removed from the feed but remains accessible by direct link.
10.6. A Response is not an offer, a reservation or an undertaking to conclude a contract; it gives rise to no obligations of the Company and does not make the Company a participant in the negotiations.

11. Reviews of a Seller

11.1. The right to leave a review arises from a completed transaction recorded by the Company. Such a transaction is a purchase at auction the result of which has been confirmed by a mark in the manner set out in the Auction Rules. There are no reviews "just like that" on the Platform: they would turn the rating into an object of manipulation.
11.2. A review contains a rating from 1 to 5 and, at the author's option, a text. One transaction — one review. A Seller may reply once to a review about them. The average rating of a Seller is displayed only from three reviews onwards: a figure based on one or two is misleading.
11.3. A review and a reply to it are the opinions of their authors and are published without prior review. The Company does not verify the accuracy of reviews, is not liable for their content or for the consequences of their publication for the Seller, the author of the review or third parties, but may hide a review or a reply that breaches Section 5, upon a complaint or as a result of moderation. The inflation of reviews and obtaining them for a reward are prohibited.
11.4. The information about a Seller displayed on a card (the number of Listings, the date of the first publication) consists of facts about their activity on the Platform and is not an assessment by the Company of their good faith.

12. The Transaction between Users and safety

12.1. The parties themselves carry out the inspection of the subject of the Transaction, the checking of documents, the agreement of the price, the payment procedure, the handover of the animal or goods, the delivery and the paperwork.
12.2. Recommendations of the Company (they are not a guarantee of safety): inspect the animal in person or ask for a video; check veterinary documents, ear tags and identification; record arrangements in writing; where possible, pay on receipt; treat a demand for prepayment with caution, especially where delivery is made without inspection; meet in public places; do not disclose SMS codes or card details; check to whom and where you are transferring money.
12.3. The Company is not an escrow agent, a guarantor or an insurer of a Transaction, does not refund or compensate funds and does not take part in the settlements between the parties — including following an auction.
12.4. If there are indications of fraud, tell us at help@qoyhunter.com and contact the law enforcement authorities. The Company will assist by providing the information it holds in the manner established by law.
12.5. The outcome of a Transaction is a matter for the parties. The Company does not take part in a Transaction outside the auction, does not confirm the fact of its conclusion or performance, holds no information about the settlements between the parties and is not liable for its outcome, including a withdrawal by either party at any stage, the quality, origin and condition of the subject of the Transaction and the loss of money transferred. In the auction, the role of the Company and its limits are set out in the Auction Rules: conducting the bidding does not make the Company liable for the outcome of the transaction between the Seller and the Winner, for payment or for the handover of the animal.

13. The auction

13.1. The auction section of the Marketplace is governed by a separate document — the Auction Rules, which is an integral part of these Terms.
13.2. In the auction the Company conducts the bidding (clause 2.3). In the part not regulated by the Auction Rules, these Terms apply to the relationship. In the event of a contradiction in respect of the auction, the Auction Rules prevail.
13.3. Taking part in the bidding requires a Telegram account and acceptance of the Auction Rules before the first Bid is placed — irrespective of the manner in which the Bid is placed. A Bid may be placed in three ways: through the Telegram bot, from the Lot page on the website, and by a comment in the discussion group of the auction Telegram channel. On the website the Rules are accepted by ticking a box containing a link to them, and without such a tick a Bid is not accepted; in the Telegram bot and in the discussion group they are accepted by continuing to place the Bid after the Rules have been displayed or published by link (clause 1.3 of the Auction Rules). Acceptance of the Rules is recorded against the Telegram account of the Participant and is effective on all of the surfaces listed; the moment of acceptance and the version of the Rules accepted are recorded. A Bid from the Lot page on the website additionally requires a QoyHunter account with Telegram linked to it. Where the Rules are materially changed, confirmation is requested again.
13.3.1. Taking part in the bidding also requires a telephone number provided in the Telegram bot: without it a Bid is not accepted through the bot, from the Lot page on the website, or by a comment in the discussion group (clause 3.3.1 of the Auction Rules). The auction is held in Uzbekistan, and taking part in it requires an Uzbek number (+998); the Company may decline to accept Bids from a Participant whose recorded number is that of another country. This restriction does not extend to the other functions of the Platform. The number of such a Participant is passed to the Seller of the Lot in respect of which the right to purchase has passed to that Participant, in order to make contact following the bidding (clause 8.5 of the Auction Rules); to that extent clause 9.1 of these Terms does not apply.

14. The "Ram Order" service and other services of the Company

14.1. An Order is a request addressed to the Company, not contact with a Seller. Through the "made-to-order" form and through the Telegram bot any visitor, including one without an account, may state which animals they wish to receive, in what quantity and where, and leave their contact details. The request reaches an administrator of the Company, who contacts the person who submitted it.
14.2. An Order is not a contract of sale, does not give rise to any obligation of the Company to find or supply an animal and guarantees neither the price nor the time frame. Until the parties have agreed the material terms and the Company has confirmed the Order, no obligations of the Company arise; the Company may decline to accept an Order for performance.
14.3. If, as a result of an Order, the Company itself acts as a seller, an intermediary or an organiser of delivery, the relevant relationship is documented separately and is governed by law, and the provisions of clause 2.2 on the classified-ads board do not apply to it.
14.4. An Order and a Buyer Request (Section 10) are different things: an Order is addressed to the Company, whereas a Buyer Request is addressed to the Sellers on the Platform and is published.

15. Rights to content: of the User and of the Company

15.1. The rights to the photographs, texts and other materials of a Listing remain with the User.
15.2. By placing materials, the User grants the Company a royalty-free, non-exclusive licence, with the right of transfer only to the services and channels expressly listed in this clause, to store them, to process them technically (resizing, transcoding, removal of service metadata, generation of previews), to display them on the Marketplace pages and in search results, to include them in product feeds for search and shopping services (clause 2.5(g)), and also to publish the Listing and auction Lots in the QoyHunter Telegram channel and discussion group and in the social networks of the Company — solely in connection with the provision of the Marketplace services and with informing others about the Listings placed.
15.3. The licence is effective for the period during which the Listing is placed; after it has been taken down, the materials are removed from public pages and excluded from the product feeds at their next update, subject to the rotation periods of backup copies and to caching by third parties (search engines, shopping services, Telegram).
15.4. The User warrants that they hold the rights to the materials placed and releases the Company from third-party claims connected with their use. The Company may remove materials that infringe the rights of third parties upon a well-founded request of the rightholder (Section 8).
15.5. The rights to the Platform itself belong to the Company. The Marketplace software, its interface, design and styling, the texts and graphic materials of the Company, the designations "QoyHunter" and "QoyHunter Bazar", the structure of the catalogue and its reference data, the curated selections and search pages, and also the database of Listings as a body of materials, belong to the Company or are used by it on a lawful basis. The User is granted a limited, revocable, non-exclusive and non-transferable ability to use the Marketplace for its intended purpose; the User acquires no other rights to any of the above.
15.6. Without the written consent of the Company it is prohibited to: copy, extract and re-use a substantial part of the database of Listings, including by automated means; reproduce the design, styling and designations of the Company; create, on the basis of data extracted from the Marketplace, one's own services and catalogues; use the designations of the Company in such a way as to create the impression that a third-party service belongs to the Company or is endorsed by it. This clause does not restrict the rights of the User to their own materials (clause 15.1) or the ordinary viewing of Listings by a human being.
15.7. The Company may use anonymised and aggregated information about the Listings placed — including for the price benchmark (clause 2.7), for statistics and for improving the Marketplace — provided that no particular User can be identified from it.

16. Personal data and the public nature of a Listing

16.1. Personal data is processed in accordance with the Privacy Policy, the Addendum to it on the marketplace and the auction and the Law of the Republic of Uzbekistan "On Personal Data" (No. ZRU-547). The data processing that arises specifically on the Marketplace and in the auction — Listings, Chats, Buyer Requests, complaints, bidding, publications in the Telegram channel — is described in the Addendum; the Policy does not repeat it.
16.2. The User understands and agrees that a Listing is public: its title, description, characteristics, photographs, price (if the Seller has allowed it to be displayed) and region are available to an unlimited number of persons, are indexed by search engines, are passed to shopping services (clause 2.5(g)) and may be displayed in the channels of the Company. The Company does not publish the telephone number, name or other contact details of the Seller — unless the Seller has stated them themselves in the text, the title or on a photograph of the Listing.
16.3. The exact coordinates of a farm are never published (clause 4.4). A map, a radius and the distance are not displayed on the Platform.
16.4. The public nature of the auction. On the website pages the display names of participants in the bidding are abbreviated; in the auction Telegram channel and in the discussion group the name of a participant is published in full and is available to an unlimited number of persons (see the Auction Rules).
16.5. Do not place in a Listing, a Buyer Request, a Response, a review or a Chat the personal data of third parties or information whose public disclosure is undesirable for you. The content of a Chat is not published but is accessible to an administrator when a complaint is being reviewed (clause 8.5).

17. Disclaimer of warranties and limitation of liability

17.1. The Marketplace is provided "AS IS" and "AS AVAILABLE" — to the maximum extent permitted by law, without any warranties, express or implied, including without any warranty of uninterrupted and error-free operation, of the availability of the Marketplace and of its individual features at any given moment, of the preservation of the materials placed by the User, of the fitness of the Marketplace for the User's particular purpose or of the achievement by the User of the result they expect. The Company may change the composition and operation of the Marketplace features in the manner set out in clause 18.5.
17.2. The Company does not guarantee: the accuracy of the information in Listings, Lots, Buyer Requests, Responses and reviews; the availability, quality, safety, origin and state of health of animals and produce; the conformity of the subject of a Transaction to its description; that the Seller holds the rights to the subject of the Listing and the required documents; the good faith of Users; the conclusion, performance and result of a Transaction; the existence of demand or supply, or that a Listing will receive views, responses and enquiries; the accuracy of the reference price conversion (clause 4.3) and of the price benchmark; the delivery of notifications and messages; the preservation of materials that have been taken down or deleted and the possibility of restoring them.
17.3. The Company is not liable for:

• the content of Listings, Lots, Buyer Requests, Responses, reviews, replies to reviews and Chat messages, or for the accuracy of any information communicated by Users to one another and to the Company;
• the quality, safety, origin, state of health and lawfulness of the circulation of animals and produce, or for the existence and authenticity of veterinary, sanitary and permit documents;
• the conclusion, performance, amendment and termination of a Transaction outside the auction and for its outcome, including a withdrawal by either party from the Transaction at any stage;
• the acts and omissions of Users towards one another, including the absence of a reply in a Chat, failure to attend an inspection, failure to perform the arrangements reached, the loss of a prepayment, defects in the goods, the illness or death of an animal, or the failure of a delivery;
• the consequences of the application of moderation measures (Section 7) and of the measures provided for by Section 11 of the Auction Rules;
• the loss, damage, alteration or temporary unavailability of the materials placed by the User;
• interruptions and failures caused by third parties (Telegram, hosting, telecommunications operators, search and shopping services, payment and mail providers), by the User's equipment and software, and also by force majeure circumstances (clause 17.6).
  17.4. Limitation of the amount of liability. The Marketplace services are provided to Users without any charge for Transactions. To the maximum extent permitted by applicable law, the Company compensates only actual documented damage, and the aggregate amount of its liability to a User in respect of all claims arising in connection with the Marketplace during any 12 months does not exceed the greater of the following two amounts: the sum paid by that User to the Company over the last 3 (three) months, or 1,000,000 (one million) soums. The Company does not compensate lost profit, indirect, incidental or punitive damages or reputational harm. This limitation applies to the extent permitted by applicable law and does not apply where the law prohibits it — in particular, in the case of wilful misconduct by the Company, in the case of harm to life and health, and to the extent to which it would prejudice the rights granted to a consumer by mandatory provisions of law.
  17.5. Nothing in these Terms restricts the rights granted to the User by mandatory provisions of the legislation of the Republic of Uzbekistan.
  17.6. Force majeure. The parties are released from liability for non-performance or delay in the performance of obligations caused by force majeure circumstances: natural disasters, military action, epidemics and quarantine restrictions (including veterinary ones), acts of public authorities, power and communications outages, failures of communication networks, hosting, search and shopping services and Telegram, and mass cyberattacks. The time for the performance of obligations is extended for the period during which such circumstances persist; the Company reports material failures by the means available to it. This clause does not release the User from obligations whose performance is not affected by such circumstances.
  17.7. The materials of the User. The Marketplace is not a means of backup storage. The User keeps copies of their photographs, texts and other materials themselves; the Company assumes no obligation to store them beyond the period of placement (clause 15.3) or to restore them after a Listing has been taken down, an account has been deleted or moderation measures have been applied.
  17.8. The own services of the Company. Clauses 17.1–17.3 do not apply to the services that the Company provides itself: to an Order (Section 14), to the delivery of animals and to paid subscriptions to the application. For such services the Company is liable as a provider in accordance with the law and with the terms of the relevant service. The limitation of the amount of liability (clause 17.4) applies to them only to the extent permitted by law and does not apply to relations with a consumer where the law does not permit it.

18. Amendment of the Terms, notifications, term and termination

18.1. The Company may amend these Terms; the current version is posted on the Marketplace pages with an indication of the date and the version.
18.2. The Company gives advance notice of material changes through the Marketplace, the Telegram bot or by email. Changes take effect 10 calendar days after the publication of the new version, unless a later date is stated in the version itself. Changes caused by a requirement of the law, by a lawful request of an authorised body or by the need to eliminate a threat to the safety of Users or of the Marketplace take effect upon publication. Continued use of the Marketplace after the changes take effect signifies agreement with them; if you disagree — stop using it and, if you wish, delete your account (clause 18.4).
18.2.1. Changes have no retroactive effect. They do not apply to relations that arose and terminated before they took effect, to bidding that is under way at that moment or to the consequences of bidding that ended earlier. The version in force at the time of the User's actions applies to actions already performed.
18.3. The Terms are effective from the moment use of the Marketplace begins until the account is deleted or the operation of the Marketplace ceases.
18.3.1. The procedure for notifications. The Company sends legally significant messages to the User through the Marketplace, the Telegram bot or to the telephone number or email address stated in the account. The User must keep this information up to date and ensure that messages can be received; a message sent to the details last known to the Company is deemed to have been duly sent. The particularities of the treatment of undelivered notifications in the auction are set out in the Auction Rules: there an undelivered notification does not entail adverse consequences for the Participant.
18.4. The User may at any time take down their Listings and delete their account. Deletion of an account deletes their Listings together with the photographs, their Buyer Requests together with the Responses received to them, their own Responses, their favourites and their Chats (together with the messages of both parties); complaints are retained without any indication of the complainant. Information necessary to prove and protect rights is retained in the manner established by the Privacy Policy; this includes, in particular, Bids and marks relating to the bidding, reviews, the consent log and information about the Telegram account — it is through the latter that those who have no QoyHunter account at all take part in the bidding. A full list of what survives the deletion of an account is set out in clause 9.2 of the Addendum to the Privacy Policy; this clause names only the main items. The Company may suspend or terminate access in the event of breaches, of a threat to safety or upon a lawful request of an authorised body.
18.5. Change, suspension and termination of the operation of the Marketplace. The Company may at any time change the composition, the styling and the manner of operation of the Marketplace and of its individual features, suspend its operation for maintenance, updates and the elimination of faults, and also terminate the operation of the Marketplace or of its individual features in full, having notified Users by any available means and, where possible, in advance. The Company may suspend or terminate a User's access to the Marketplace, restrict individual features and take down their Listings in the event of a breach of these Terms or of the law, in the event of a threat to the safety of Users or of the Marketplace and upon a lawful request of an authorised body. The Company does not compensate losses caused by such a change, suspension, termination or taking down, except in the cases expressly provided for by law. This clause does not affect services paid for by the User: they are governed by the offer, and if their provision ceases, settlements are made in accordance with its terms.

19. Governing law, disputes, language and contacting the Company

19.1. The substantive law of the Republic of Uzbekistan applies to the relationship.
19.2. The pre-action (claim) procedure is mandatory. A claim is sent to help@qoyhunter.com and must set out the substance of the demand, the circumstances on which it is based, the calculation of the amount claimed and supporting documents. The period for consideration is 30 calendar days from the day the claim is received; where the information is insufficient, the period runs from the day the clarifications requested by the Company are received. Recourse to a court is permitted after this procedure has been complied with or upon the expiry of the period for consideration, and also in those cases where the law does not permit such a procedure to be made mandatory.
19.3. If no agreement is reached, the dispute is considered by a court at the location of the Company in the Republic of Uzbekistan. In respect of consumer Users, jurisdiction is determined by the mandatory provisions of consumer protection law and is not restricted by this clause.
19.4. This is an English translation of the Terms, which are executed in Russian and Uzbek. In case of any discrepancy in interpretation, the Uzbek version shall prevail; the English text is provided for convenience only.
19.5. Final provisions. The invalidity or unenforceability of an individual provision of these Terms does not entail the invalidity of the remaining provisions; an invalid provision applies to the extent permitted by law and, where that is impossible, is replaced by the provision closest to it in meaning and permissible under the law. The failure of the Company to exercise any right does not constitute a waiver of it. The Company may transfer its rights and obligations under these Terms to a successor upon notice to Users; the scope of the User's rights is not thereby reduced. These Terms, together with the Auction Rules, the User Agreement and the Privacy Policy, constitute the entire agreement of the parties in respect of the Marketplace.
19.6. Contacting the Company. Enquiries, complaints, claims, personal data requests and other legally significant messages are sent to the Company at the email address help@qoyhunter.com; the official website of the Company is https://qoyhunter.com. A message sent to that address is deemed to have been duly sent to the Company, and the periods established by these Terms run from the date of its receipt. Messages sent by other means (comments and private messages in social networks, comments in the Telegram channel and discussion group, messages in a Chat between Users, enquiries addressed to individual employees) are not legally significant messages and do not give rise to any periods for consideration.