These Terms of Use (hereinafter referred to as the “Terms”) “Sutochno” LLC (hereinafter referred to as the “Sutochno”) lays down rules of site using https://sutochno.com (and the all set down subdomain of the type https://name.sutochno.com) (hereinafter referred to as the “Site”) by the Users.
1.General Terms
1.1. Terms is an offer ”capable of acceptance”: the offer was addressed by the particular person (by the Users), which was expressed intendment of the Sutochno is identified oneself as a contractor with the User.
1.2. The developed Terms of Sutochno has defined as the Site’s Terms of Use, the rights, and obligations of the parties. The arrangement is extended to related relations with the rights and interests of third parties. It is provided by the Site of Users (e.g. Partners) or is not the same. These User’s rights may be affected as a result of his own actions.
1.3. The offer is regulated by the following “The Civil Code of the Russian Federation”:
– pursuant to Item(para.) 2 of Article(art.) 432 “The contract shall be concluded by way of forwarding the offer (the proposal to conclude the contract) by one of the parties and of its acceptance (the acceptance of the offer) by the other party.”;
– pursuant to Item 1 of Article 433 “The contract shall be recognized as concluded at the moment, when the person, who has forwarded the offer, has obtained its acceptance.”;
– pursuant to Item 2 of Article 434 “The contract in written form shall be concluded by way of exchanging the documents by mail, telegraph, teletype, telephone, by the electronic or any other type of the means of communication, which makes it possible to establish for certain that the document comes from the party by the contract.”;
– pursuant to Item 3 of Article 434 “The written form of the contract shall be regarded as observed if the written offer to conclude the contract has been accepted in conformity with the order, stipulated by Item 3, Article 438 of the present Code.”;
– pursuant to Item 3 of Article 438 “The performance by the person, who has received an offer, of the actions, involved in complying with the terms of the contract, pointed out in the offer (the dispatch of commodities, the rendering of services, the performance of works, the payment of the corresponding amount of money, etc.), shall be regarded as the acceptance, unless otherwise stipulated by the law or by the other legal acts, or pointed out in the offer.”.
1.4. The User shall be obliged to have full knowledge of condition the Terms until registration on the Site. The User’s registration on the Site deem means to the full and unconditional acceptance by the User of the Terms (acceptance of the offer according to with art. 438 of The Civil Code of the RF). In instances the User lack of the Terms (any provision), it shall not use services Sutochno.
1.5. The condition of the Terms may be amended and/or added by Sutochno in the unilateral procedure without any special notice. The Terms is an open and public document. The most recent of the Terms is available on the Site: https://sutochno.ru/info/rules. Sutochno is recommended by the Users regular to check the condition of the Terms with a view to the amendment and/or addition. In instances the continuation of using the Site after the amendment and/or addition in the condition of the Terms. It is regarded as a tactic confirmation of these replaces.
1.6. Sutochno is provided by the Users access by all the Site’s service and features including means of navigation, communication, search, placement and storage of information and materials (content), booking, etc. The subject of the Terms is the existence service and also any its new development and/or addition. Technical, organizational and commercial conditions for the provision of services, including their functional features are served the User by the Site’s information, regardless of the User Account.
2. Site Status
2.1. The Site is a website and a set of information and computer program. It's contained in the info system that ensures the availability of such information on the Internet at the Site.
2.2. The Site is available by the interested parties according to the condition the Terms and applicable legislation of the Russian Federation.
3. User and Registration Status on the Site
3.1. In order to use some of the services of Sutochno or some individual functions of services. The User needs to pass a registration procedure, as a result of which a unique account will be created for the User (hereinafter referred to as the "User Account").
3.2. The Site’s Users are individuals who have reached the age of 18 and legal entities, who turned to information materials and service of Sutochno by a representative who has the appropriate authority.
3.3. In instances of the User sign on the Site then he points out a necessary reliable and up-to-date information for the formation of User Account. Including a unique mobile phone number for each User and an email address for logging in to the Site and also the name and surname (or the name of the organization) - Registration Data. The registration form of the Site may request additional information from the User. Sutochno has the right to set password requirements (length, allowed symbol, etc.).
3.4. The user is responsible for the authenticity, up-to-dateness, completeness, and compliance with the legislation of the Russian Federation of the provided Registration Data and their purity from claims of third parties. If the User provides incorrect Registration Data or Sutochno has reason to consider that the Registration Data provided by the User is incomplete or unreliable, Sutochno has the right, at its discretion, to block the User Account and refuse to the use the services (or their individual functions) to the User.
3.5. Upon registration, the User agrees with the Terms and assumes the rights and duties indicated therein in connection with the use and operation of the Site.
3.6. Sutochno reserves the right at any time to require from the User to confirm the Registration Data and information specified by the User in the ads and to request in this connection personal information and necessary documents (in particular - the document proving the identity, the documents confirming the ownership of the property described in the advertisements posted by the User), the non-provision of which, at the discretion of Sutochno, may be equated with the provision of unreliable information and entail after effect provided para. 3.4. of the Terms.
The condition of the Privacy Statement
3.7. By accepting the condition of the Terms by registering on the Site, the User declares that he agrees to inform the following personally identifiable information communicated to him publicly: name, first name, contact telephone number, and Sutochno gives consent to processing his personal data provided during registration. Processing of the User's personal data is carried out pursuant to the legislation of the Russian Federation.
Sutochno makes processing the personal data of the User for the purpose of fulfilling the obligations assumed pursuant to the Terms. By so doing providing the User with the opportunity to use the Site(Sutochno). Sutochno makes to processing the following of the User’s personal data: last name, first name, paternal name, phone number, email address, user data (location information, type and version of the operating system used, browser type and version, device type and screen resolution, transitional sources to the Site(Sutochno), the language of the operating system and browser, information about the actions of the user on the Site, IP-address. Sutochno carries out the following actions with the personal data of the User using or without automation tools: collection, recording, systematization, accumulation, storage, updating (modification), extraction, use, transfer (distribution, provision, access), blocking, destruction.
Sutochno provides access to the personal data of the User only to those third parties, counterparties, employees, contractors, and agents of Sutochno, to whom this information is necessary to ensure the functioning of the Site and the provision of the Services to the User. The User agrees to receive messages in electronic form containing information about transactions made by the User (cash vouchers, strict reporting forms or information on cash vouchers, etc.), including from third parties. The Administration of the Site has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of applicable legislation of the Russian Federation (including for the prevention and/or suppression of illegal and/or unlawful actions of Users). Disclosure of information provided by the User may be made only pursuant to the legislation of the Russian Federation at the request of the court, law enforcement agencies, and other envisaged cases. The consent of the User to the processing of personal data is given for the entire period during which the User uses the Site(Sutochno) and until the User receives a review of his consent to the processing of personal data. The User should send the review of the consent to the pd@sutochno.ru or in writing to the address of Sutochno. The review should contain information allowing the user to authentically identify the User and one’s expression of will. In instances of the Sutochno co-workers have doubt that the review comes from the User specified in it. The co-workers have the right to contact the User at the specified telephone number or other contact information.
The User has the right to apply to the Sutochno for the purpose of clarifying, modifying, blocking, deleting part/completely of one’s personal data. Specifically, the User understands that the continued use of the Site(Sutochno) without some personal data becomes impossible.
3.8. The Registration Data and password was provided/generated by the User are necessary and sufficient information for the User access on the Site. The User has no right to transfer his Registration Data to third parties, bears full responsibility for their safety, independently chooses the way of their storage. The User on one’s hard/software may authorize the storage of a password (using cookies) for subsequent automatic authorization on the Site.
3.9. If the User does not prove the contrary, any actions performed using his Registration Data shall be deemed committed by the relevant User. In instances of the unauthorized access to the User Account or the distribution of the password, the User is obliged to immediately notify (written request to the e-mail) the Sutochno.
4. The User’s Right and Duties
4.1. By the using of the Site’s Services, the User shall be obliged:
4.4.1. comply with the provisions of the pursuant legislation of the Russian Federation, the Terms and other special documents of Sutochno;
4.1.2. provide reliable, complete and up-to-date data at registration, monitor actualization it;
4.1.3. inform of Sutochno about unauthorized access to the User Account and/or unauthorized access and/or use of the User's password;
4.1.4. block access to other Users to the Registration Data, their own personal page or the contained information, by the leading to dereliction of the legislation of the Russian Federation and/or the Terms, the other site’s(Sutochno) documents;
4.1.5. keep confidential and not provide other users and third parties known to him as a result of using the Site Registration Data (including but not limited to personal data, passport data, banking information) of other Users, Partners and any third parties without obtaining prior permission.
4.2. By the using of the Site’s, the User may not be:
4.2.1. register as a User of "fake account";
4.2.2. re-register in the system, using additional data to create an account (create a "duplicate" account)
4.2.3. confuse of the Users relative to identity, using the Registration Data of another registered User;
4.2.4. distort information about yourself, your age or your relationships with other persons or organizations;
4.2.5. illegally upload, store, publish, distribute and provide access to or otherwise use the intellectual property of Users, Associates, and other third parties;
4.2.6. send messages without the consent of the User’s Site and Sutochno;
4.2.7. use the software and carry out actions that address at disrupting the normal operation of the Site and its services or the personal pages of Users and Partners;
4.2.8. download, store, publish, distribute and provide access to or otherwise use viruses (Trojans) and other malware;
4.2.9. use without any special permission of Sutochno automated scripts (programs) to collect information on the Site and/or interact with the Site and its services;
4.2.10. attempt to gain access to the registration data of another User by any means (including deception, abuse of trust, hacking);
4.2.11. realize illegal collection and processing of personal data of other persons;
4.2.12. attempt to obtain access to any Services in any other way, except by Sutochno interface, with the exception of actions were directly allowed to the User pursuant to the Terms (by Sutochno);
4.2.13. reproduce, duplicate, copy, sell, execute trading operations and resell the Services for any purpose, with the exception of actions were directly allowed to the User pursuant to conditions of a separate Terms(by Sutochno);
4.2.14. place commercial and political information outside the special sections of the Site established Sutochno. The User acquires paid services on the Site in the order established by the Terms.
4.2.15. abuse of the Site to perform feigned or imaginary leases, use of the Site's information: trademarks and service marks owned by Sutochno, other commercial and business information about the Site(Sutochno), other intellectual property objects and means of individualization in order to or any improper benefit for themselves or third parties or the causing material damage, damage to the business reputation of third parties or Sutochno;
4.3. The user is personally responsible for any information posted on the Site, informs other Users as well as for any interactions with other Users and Partners, conducted at their own risk;
4.4. In instances of the User hasn’t agreed with the Terms or its updates as well as the condition and rules of the services. The User shall be obliged to abandon from the user of it (the Terms) by a written request for technical Site’s support, with subsequent blocking of the account.
5. Terms of cooperation. Sutochno right and duties
5.1. The parties hereby express their understanding that Sutochno does not own and manage real estate objects, offers on which are published by the User. The site is a platform for an accommodation of rental offers by Users who individually, without the participation of the daily, dispose of the specified real estate objects. Sutochno does not participate in transactions but gives users (guest and hosts) the opportunity to enter into transactions directly.
5.2. By accepting the Offer, the User confirms that Sutochno is not responsible for any part of the real estate lease transaction, for the relevance and reliability of the information in the rental offers.
5.3. Sutochno is not responsible for the relevance and reliability of rental offers posted on the Site, including reliability in the subject of the geographical location, available amenities, possible rental dates, etc., as well as for the guest’s feedback comments on accommodation.
5.4. Sutochno is not responsible for them or the condition of real estate as well as for compliance with laws, rules, and regulations that may be applicable to any property in any jurisdiction.
5.5. Immediately upon registration of the User on the Site, Sutochno is sole as an intermediary between Users, publishing details of the Application on the Site and providing at the request of the guest the contact information of the host.
5.6. Sutochno declares and the User expresses understanding and privity that the User is solely responsible for ensuring that the specifies information one. In the Booking Order is true, including for the accuracy, completeness, and correctness of the information displayed on the Site as well as for compliance copyright to photographs that are illustrations for by publications.
5.7. Sutochno is not responsible for any delays caused by the temporary or partial failure, repair, improvement or support of the Site for the inaccurate, inaccurate or false information.
5.8. The Terms may be canceled by Sutochno on the occurrence of any of the following: dereliction by the User of the condition of using of the Site pursuant to the Terms; dissent by the User with the condition of the Terms or conditions for the provision of services, including those expressed in written and oral form to the Sutochno co-workers. From the date of termination of the Terms on the initiative of Sutochno, access to the User's account for the User is blocked. Unexpended funds on the User's account are reimbursed on a written application (in the prescribed form) of the User by the Sutochno, selected in the Sutochno way, after deduction of incurred expenses, taxes and commissions of third-party services. In instances of suspicion of dereliction of the conditions of the Terms by the User, including any of the para. of section 4, the Sutochno also has the right to block the User's account until all instance confirming or refuting the fact of dereliction are clarified.
5.9. Sutochno.ru has the right to send to the User information about the development of the Site and its services and to inform about its own activities and services. The User agrees to send SMS and mail messages to the telephone number(s) specified at registration and the email address(s).
5.10. Any complaint of the User associated with real estate, their lease, etc. actions and information beyond the responsibility of the Sutochno are subject to presentation of the appropriate persons - other Users and/or Partners and/or other third parties whose activity/inactivity. It may lead to has any claims from the User.
5.11. Disclaimer of warranties. The Sutochno is provided "as is". Sutochno does not assume any responsibility, including for the conformity of services to the purposes of the User.
5.12. Sutochno does not guarantee that: the services comply/will comply with the User's requirements; Services will be provided continuously, quickly, reliably and without errors; the quality of any product, service, information, etc., received using the services, will meet the expectations of the User.
5.13. Sutochno reserved the right to change the terms of service. Continuing to use the services of the Site, the User agrees with the changes made.
5.14. The price reduction of transactions between the User and Hosts as a result of the advertised discount provided on the Site (in any form, within the framework of holding shares, providing bonuses, etc.) is harmonized condition of contract and the receipt of a discount does not lead to the interdependence between them. The discounts provided reduce the market price of the service. In instances, in pursuant to provisions of art. 40 of the Tax Code of the Russian Federation, a price reduction cannot be regarded as an income (economic benefit) received physically by a person - a User of the Site.
6. Protection of intellectual property rights and designations
6.1. All objects were posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collections (hereinafter referred to as the “Content”) are objects exclusive rights of Sutochno, Partners, Users, and other Rights-holders. All right for the object are reserved.
6.2. Except as otherwise established herein the Terms and applicable legislation of the Russian Federation. A Content may not be copied, (reproduced), redesigned, distributed, displayed in a frame, published, downloaded, transmitted, sold and otherwise in its entirety, or in sections, without prior authorization of the rights-holder. Except as otherwise herein the rights-holder expressed his consent to the free use of the Content by any person.
7. Final Provisions
7.1. If a condition of the Terms would be null and infeasible pursuant to applicable legislation of the Russian Federation, the other conditions remain valid. But null and infeasible condition will be consider replaced pursuant to valid, feasible condition applicable legislation of the Russian Federation which indicated initially the condition.
7.2. Nothing of the Terms cannot be understood like the arrival of the User and Sutochno agency relations, relations of a partnership, relations on joint activity, relations of personnel hiring, or any other relations, not explicitly provided for the Terms.
7.3. If for some reasons one or more provisions of the Terms will be recognized void and as of no legal effect. It has implications for valid of the Terms applicability other provisions.
7.4. Inactivity of side Sutochno should the User(s) break provisions of the Terms, one(s) does not waive right Sutochno take appropriate action in defense of their interests at a later date and does not mean the refusal of Sutochno from their rights in the event of subsequent similar dereliction.
7.5. The Terms is compiled in Russian and in some cases may be provided to the User for review in another language. In instances of a difference between the Russian version of the Terms and from a version of other languages, the provisions of the Russian version of the Terms shall apply.
7.6. Inherent in the Terms is: Policy of the booking apartment with prepayment over Sutochno will be placed in the respective section of the Site: https://sutochno.com/rules/booking; Policy of the listings publication will be placed in the respective section of the Site: https://sutochno.com/rules/listing.