This Agreement is an official offer in accordance to the article 435 of the Civil Code of the Russian Federation. This Agreement presents an offer of the Individual Enterprise (hereinafter "IE" or "Contractor") to conclude a contract for providing access to fodyo.com (hereinafter "Fodyo.com", "Web Service", "Site"), including searching and viewing Postings, and other services (hereinafter "Services"), on terms specified by the Agreement. It is addressed to the User (hereinafter "User"), which can be any legally capable individual or legal entity or individual entrepreneur, registered in the Russian Federation, USA, Canada, Australia, United Kingdom or European Union, but not limited. The Services are provided to the User free of charge, unless it's specifically stated otherwise. Since the User accepts the Offer, he/she is considered to have concluded an Agreement of Services with Fodyo.com on terms provided in this document (hereinafter "User Agreement" or just "Agreement").
1. Terms and Definitions
IE — individual enterprise, Principle State Registration Number.
User — an Internet user.
fodyo.com — a real estate Web Service presented by an information system containing information and intellectual property objects (including computer programs, databases, graphical interface design, etc.), which can be accessed from various devices connected to the Internet via special software for viewing web pages (browsers) at a domain fodyo.com (including subdomains related to this web address).
Item — a real estate property, service and/or offer related to the purchase, sale, or lease of real estate property, in respect of which there is a Posting or other information (a database of new buildings, news articles, newsletters, etc.) placed on fodyo.com.
Posting — a publication about an Item posted on fodyo.com.
Seller — a person or an organisation whose contact information is given in the Posting on fodyo.com.
Buyer — a User who views the Postings published on the Site fodyo.com and interacts with the Seller regarding the Item.
Credentials — a unique username (email address) and password that are provided by the User during the Registration process on fodyo.com and used for accessing the User's Personal Account.
Registration — a sequence of User’s actions according to the instructions given on fodyo.com, including providing his/her Credentials and other information, using the interface of fodyo.com in order to create a Personal Account and get access to certain Services on fodyo.com.
Services — any functionality, services, and tools available on fodyo.com, including new features that become available to the User on fodyo.com during the term of the User Agreement.
Personal Account (Account) — a User's personal section on fodyo.com where some individual Services are available to the User.
Information — any data and information provided by the User to the IE in order to use fodyo.com, including email address, contact information, description of the Item in the Posting and/or on the User's website, photos, statutory documents, construction permits, project declarations, etc.
2.1. The Service provided in accordance with this Agreement includes providing access to any functionality, services, tools available on fodyo.com, including new features that become available to Users of fodyo.com after the Registration. The list and/or terms of Service may be supplemented and/or changed by the Contractor at its sole discretion by publishing corresponding changes on the site fodyo.com. Using the Web Service after publishing the changes means that the User agrees to them.
2.2. In accordance to this Agreement the Services are provided exclusively to those Users who are legally capable individuals, or legal entities or individual entrepreneurs registered in accordance with the procedure established on the territory of the Russian Federation, USA, Canada, Australia, United Kingdom or European Union, but not limited.
2.3. The moment of full and unconditional acceptance of the Offer (hereinafter "Offer Acceptance") by the User, in accordance with paragraphs 1 and 3 of article 438 of the Civil Code of Russia, is considered to be one of the following:
● confirmation of the fact that the User have read and agreed to the terms of the Agreement by filling in the registration form and providing his/her contact information;
● confirmation of the fact that the User have read and agreed to the terms of the Agreement by ticking the corresponding box on the Site when sending a request;
● payment for the Services.
2.4. The IE is neither an organizer, nor an intermediary, nor a buyer, nor a seller or an agent in a deal regarding the Item. Fodyo.com is a tool that allows the User to search for and view the Postings. Thus, quality, safety, legality and compliance of the Item with its description, ability of the Seller to sell/lease as well as the ability of the Buyer to buy/rent the Item are beyond the control of the IE The User independently and under his/her own responsibility decides whether the offer, sale and/or purchase of any Item is valid and legal, based on the fact that the Posting is placed by the User. The IE is not responsible for the commission and execution of the deal between the Seller and the Buyer.
3. Obligations of the Parties
3.1. Obligations of the Web Service:
3.1.1. Provide the User with the Services in accordance to the clauses of this Agreement, if providing such Services it is technically possible.
3.2. Obligations of the User:
3.2.1. Pay for the Services at the prices valid at the time of payment in accordance with the terms specified in this Agreement and on the Site.
3.2.2. Using the Services, comply with the requirements of the applicable laws of the place of use of the Web Service, the terms of the Agreement, the User Agreement posted on the Site on the page https://fodyo.com/agreement/ and other documents regulating the operation of the Site and the Services providing.
3.2.3. At the request of the Web Service, provide the latter with information and documents necessary to identify the User as a party to the Agreement, including the case when the User sends statements, notifications, etc. to the Web Service.
4. Terms of Payment (in case the User selects the Paid Access option)
4.1. The price of the Service is specified to the User in rubles, US dollars or euros via the user interface on the Site in response to a request for the Services, unless otherwise is expressly specified by the appendices to this Agreement. The service is entitled to unilaterally change the prices of Services without special notification by setting new prices (tariffs) for the Services available for review through the Site interface, including at the time of requesting Services. Continuing to use previously ordered Services at new prices (tariffs), User expresses agreement to such changes. The User pays for the Services according to the prices (tariffs) that are valid at the time of payment.
4.3. The User pays for the Services providing his/her email address and/or other details that identify the payment.
4.4. Payment under this Agreement is considered to be made by the User at the time of crediting funds to the Web Service's current account. In case of electronic money, the payment is considered to be made at the moment of receiving verified information about the payment from the relevant payment system by the Site.
4.5. The User hereby agrees that the statistical data of the Service's accounting system will be sufficient evidence of the Services provided under the Agreement.
5. Service Providing Protocol. Responsibility
5.1. Before sending a request and paying for Services, the User must carefully read the User Agreement, requirements for Postings, and all the other documents regulating the operation of the Web Service.
4.2. At the end of the Service validity period (providing access), the Services are considered to have been provided by the Web Service in full and proper manner.
5.3. Taking into account the principles of the Internet structure and functioning, the Services are provided "as is", which means that the Web Service gives no guarantees regarding the Services. In particular, the Service does not guarantee to the User that:
● The Services, their direct or indirect effect, and the quality of the Services will meet the User's requirements and goals;
● The Services will be provided continuously, reliably and without errors;
● The results obtained using the Web Service will be accurate, reliable, and meeting the User's expectations.
5.4. The service is not responsible for any losses caused to the User as a result of inability to use the Services due to errors, omissions, interruptions in operation, deletion of files, defects, delays in operation or data transmission, and other technological reasons, including poor quality of public communication channels used for access to the Services.
5.5. The User is informed and agrees that some operations, including (but not limited to) operations for accepting payment for the provided Services, are not controlled or tracked by fodyo.com directly or through the third parties, and fodyo.com it is not responsible for the transfer and/or receipt of the User's funds to pay for the Services.
5.6. The Web Service has no obligation to notify any third parties about the User's loss of access to his/her Personal Account and the Site is not responsible for any possible consequences resulting from the absence of such notification.
5.7. Actions performed under the User's login and password (in the case of creating a Personal Account) are recognized by the Parties as performed by the User and have the force of a simple electronic signature. The User is responsible for all actions performed under his/her Credentials on the Site, from User's email address and/or phone number (including the actions of employees or third parties).
5.8. The User is responsible for the safety of his/her username and password and for losses that may occur due to unauthorized use of the User’s Personal Account and a simple electronic signature. In case of theft/loss of the Credentials, the User personally takes the necessary measures to change the password to access the Personal Account and/or the Services. The Web Service is not responsible for the actions of the third parties that resulted in the theft/loss of the User's Credentials, as well as for any expenses, damages and/or lost profits incurred by the User due to unauthorized access by the third parties to the User's Personal Account.
5.9. The service is entitled to change the Agreement, Service tariffs, and terms of providing the Service unilaterally by publishing the corresponding information on fodyo.com. All the changes take effect immediately after their publication and the User is considered to get informed and agreed since the moment of the publication.
5.10. The service is entitled to block any User (including those with the paid access to the Services) if his/her actions contradict the User Agreement, and the Service is entitled not to return the funds received from the User.
6. Claims processing
6.1. All disputes arising under this Agreement must be referred to the Moscow City Arbitration Court or, if the dispute is not under the jurisdiction of the arbitration court, to the Tverskoy District Court of Moscow or to a Justice of the Peace in accordance with the territorial jurisdiction of the location of the IE.
6.2. Before going to court, the User should comply with the out-of-court dispute resolution procedure by submitting a written claim to the Web Service, attaching the documents confirming the circumstances and requirements set out by the User. The period for processing the User's claim is no more than 30 (thirty) days from the date when the claim was received by the Web Service. If the User does not receive a response to the claim within the specified period, or if the Web Service refuses to satisfy the justified claim, the User is entitled to go to court.
7.1. The Agreement enters into force from the moment of the Offer Acceptance by the User in accordance with the clause 1.3. of this Agreement and is valid until its termination in accordance with the procedure specified in this Agreement.
7.2. The Web Service is entitled to unilaterally withdraw from the performance of this Agreement at any time, fully or in part, notifying the User about that via the Website interface, or by the email or in other way.
7.3. If the User violates the terms of the User Agreement or any other rules regulating the operation of the Site, the access to his/her Personal Account may be terminated (blocked), without any special notification to the User.
7.4. In case of termination (blocking) of the User’s access to the Personal Account due to violation by the User the terms of the User Agreement or any other rules regulating the operation of the Site, as well as in case of termination of such access at the User’s initiative, the Agreement is considered to be terminated before term. The service does not refund the cost of provided Services.
7.5 The Web Service is released from liability for a failure to fulfill the obligations or for improper performance of obligations if the Site proves that the failure to fulfill obligations or their improper performance occurred due to force majeure, as well as on other grounds provided by law. Such circumstances include: war (including civil war); riots; strikes; fires; explosions; floods or other natural disasters; actions (or omissions) of state authorities, causing an Internet malfunction; declaration of economic sanctions or embargo; other actions or omissions of the legal authorities that directly affect the performance of the obligations carried by the Parties. Any of the above circumstances is considered as force majeure. Immediately after receiving information about the occurrence of circumstances that delay the performance or otherwise impede the performance of this Agreement, the Contractor must notify the Buyer by posting the relevant information on the main page of the Site.
7.6. The agreement represents all terms and conditions agreed between the Parties regarding its subject, and supersedes all previous agreements between the Parties regarding its subject, unless otherwise is expressly specified by the Parties.