User Agreement
This User Agreement (hereinafter Agreement) regulates relationship between DIMAR LLC (hereinafter Aggregator or Hstock) on the one hand and the website user on the other hand.
The Aggregator located at https://hstock.org/en is not a media.
Using the Aggregator, you agree to the terms of this agreement.
If you do not agree to the terms of this agreement, do not use the Aggregator.
1. Defining terms
1. 1. Hstock - DIMAR LLC, 30 N Gould St #29175, Sheridan, WY 82801, is the owner of the Aggregator located at https://hstock.org/en.
1.2. The Aggregator is a digital platform providing flawless, high-precision relevance of information. A set of functional abilities of the Website provided for publication, review of information and data, united by a common purpose by means of technical tools used for communication between computers on the Internet. Available on the Internet at the address: https://hstock.org/en.
1.3. Personal Account is a program interface of the User's interaction with Hstock, which contains information about the User, statistics data and other information regarding the services under the Offer Agreement, as well as provides an opportunity for remote interaction between the Parties under the Agreements, available to the User after authorization using the User's login and password at https://hstock.org/en, through application programs (including programs for mobile devices) or API.
1.4. Statistics Data is data from the https://hstock.org/en automated information recording systems, which, among other things, may contain information about transactions related to the Offer Agreement with the Seller.
1.5. User is an individual using the Aggregator under the terms of this User Agreement, Offer Agreement, Privacy Policy.
1.6. Seller is a legal entity or an individual who agrees with the terms and conditions of the Offer Agreement, User Agreement and Privacy Policy.
1.7. Buyer is an individual purchasing Goods from a Seller, ordering a service from a Seller remotely by making an order of Goods in a Seller's store on the Aggregator.
1.8. Registration at https://hstock.org/en means successful filling in of the registration form by a User, which allows the User to create their Personal Account on the Aggregator.
1.9. Login is a unique name of a person used by them on the Aggregator to access the Aggregator's Secure Pages.
1.10. Password is a combination of letters, numbers, symbols of the Latin layout, which is unique for a Login. When entered simultaneously with a Login, it allows to sign in the Personal Account on the Aggregator.
1.11. Deal is an agreement between a Seller and a Buyer upon the purchase and sale of goods, provision of a Seller's service.
1.12. Purchase of goods is the Buyer's expression of will to purchase goods, agreement with a Seller's terms and conditions.
1.13. Balance is a summary of replenished and withdrawn funds in the User's Personal Account.
2. RIGHTS TO THE AGGREGATOR
2.1 The exclusive rights to the Aggregator, including but not limited to computer programs, databases, interface, technical developments, logo, trademark, other means of individualization used on the Aggregator and allowing to implement the functionality of the Aggregator, belong to Hstock.
2.2 Except for cases provided by the Agreement and the applicable laws of the country where Hstock is registered, the Aggregator and its components, including those listed in the paragraph above, may not be copied (reproduced), changed, distributed, displayed in frame, published, downloaded, transferred, sold or otherwise used as a whole or partly without Hstock's prior written permission.
2.3. After acceptance of the Agreement's terms and conditions by a User, Hstock provides the User with the right to use the Aggregator in accordance with its functional purpose under the terms and conditions of the Agreement, while the User undertakes to comply with the terms and conditions of the Agreement when using the Hstock Aggregator, otherwise the User undertakes to stop using Hstock.
2.4 The Agreement may be accepted by a User by joining it as a whole. hStock has no right to refuse to execute the Agreement in case Users accept their terms and conditions, except for unilateral refusal on the grounds stipulated by the Agreement. At the same time, Hstock has the right to unilaterally refuse to exercise the Agreement at any time and cancel the registration of any User if they violate this Agreement and laws of the USA.
2.5 Users confirm that this Agreement does not deprive them of their rights usually granted under agreements (documents) of this type, does not exclude or limit Hstock's responsibility for the breach of obligations, does not contain other obviously burdensome conditions, which users, based on their reasonably understood interests, would not accept if they had the opportunity to participate in determining the conditions.
2.6 The current version of the Agreement is available on the Aggregator at: https://hstock.org/ru/user-agreement. All amendments (additions) to the Agreement shall be made by Hstock by amending the text of the Agreement and shall be effective from the moment of publication of the amended text on the Aggregator.
2.7 None of the provisions of the Agreement provide Users with the right to use Hstock's logo, trade name, trademark, domain names and other distinctive marks for commercial purposes.
2.8 User doesn't have the right to use the Aggregator's brand for participation in the affiliate program, promotion of the referral link, spam, copying the Aggregator in full or in part for the purpose of misleading other Users.
3. REGISTRATION AND ACCESS TO USERS' PERSONAL ACCOUNT
3.1. In order to Sign up for the Aggregator, Users should open the registration form and fill in the mandatory boxes of the registration form.
3.2. After filling in the mandatory boxes of the registration form, an email will be sent to a User for confirmation of the User's registration.
3.3. When registering on the Aggregator, Users choose a name that will be visible to all Users of the Aggregator on their own. Login can contain numbers, letters of the Latin alphabet as well as signs "-" and "_". The User is prohibited to use phone numbers, profanity, words translation or sound of which may be negatively perceived by other Users, as well as reserved and system words as their logins. Hstock has the right to change such logins of Users.
3.4. When registering on the Aggregator, Users tick the box of agreement with the terms and conditions of the Privacy Policy and the terms and conditions of this User Agreement (acceptance is ticking the box of agreement with the terms and conditions) on their own.
3.5. The Parties recognize the actions performed with the use of the User's login and password as actions performed by the User and having the force of a simple digital signature.
3.6. Users undertake not to disclose the login and password to third parties, except the cases when these people act on behalf of the User, and the User is responsible for their actions as for their own, and takes all necessary measures to ensure the confidentiality of their Personal Account's password.
3.7. Users agree that using login and password is a proper and sufficient identification of the User when signing in the Aggregator, as well as confirmation of the right to make transactions on the Aggregator and is an analogue to the User's signature, while transactions and deals made by the User in their personal account on the Aggregator are considered to have been made in a simple written form.
3.8. If a User has any suspicions regarding the security of their password or the possibility of its unauthorized use by third parties, a Buyer should immediately notify the support service through the Personal Account or by contacting a tech support employee and after that they should change the password of their Personal Account.
3.9. If Hstock suspects that the User's Personal Account has been used by a third party or malicious software, Hstock has the right to unilaterally change the User's password of their Personal Account. The new password will be shared with the User only through contacting the support service by sending the new password to the User's e-mail.
4. ENSURING FULFILLMENT OF USERS‘ OBLIGATIONS
4.1 The User agrees that in order to ensure the security of fulfillment of mutual obligations of a Buyer and a Seller under the transaction, the Buyer pays for goods/services of the Seller by means of debiting funds from the User's balance. After the Buyer pays for the goods/services, the money received from the Buyer is the Buyer's security payment.
4.2. Hstock deposits Buyers' funds for 24 hours for the further possibility of refund for orders on auto-issue. Or until the order is confirmed by the buyer for manual issue orders.
4.3. Hstock gives a Buyer at least 1 hour (60 minutes) to open a dispute for orders on auto-issue or other time limits which are set by a Seller.
4.4. Hstock automatically transfers funds to a Seller's balance within 24 hours for orders on auto-issue.
4.5 Seller's funds remain deposited in the Hstock account during the period of an active dispute opened by a Buyer.
4.6 The funds are deposited by Hstock until the moment when a Seller applies for withdrawal of funds from the balance to their personal bank account.
4.7 Buyer's funds are designated and can not be used by Hstock for any purposes other than those provided for in the Offer Agreement with a Seller and this User Agreement.
4.8. Hstock may withhold the necessary taxes, contributions and other obligatory payments when paying Reward to a Seller (including the commensurately reduced amount) in cases stipulated by the legislation of the country (location of the Seller) and in case of a relevant decision of a state authority. The right of Hstock referred to in this clause of the Agreement shall also apply to cases when a Seller has failed to notify Hstock of information related to the violation of the laws of the country of the Seller's residence on time or in a proper way.
4.9 In cases stipulated in Section 9 of the Agreement, the funds paid by a Buyer for the goods/services shall be returned to the Buyer.
4.10. The Deposited Amount (or its part) should be returned to a Buyer only in the manner and in such appropriate cases specified in this Agreement.
4.11. Buyers and Sellers together and separately confirm that the procedure for the Deposit of funds established by the Agreement and the procedure for the payment of the Reward to a Seller and the procedure for the return of the deposited funds (its part), which follows from it, is a way for a Buyer and a Seller to ensure the fulfillment of mutual obligations of the Buyer and the Seller under the Agreement, which is due to the peculiarities of the framework in which the Aggregator operates.
4.12. Sellers may not provide Hstock Users with their contact information in the product description, file with remaining items, store rules, or any other places where information is posted on the Aggregator. Users are also required to maintain confidentiality and not disclose contact information or transfer the dialogue outside the platform. This will help ensure the safety and confidentiality of all participants.
5. PROCEDURE OF BUYER'S PAYMENT FOR SELLER'S GOODS/SERVICES
5.1. Buyer chooses a category of goods in the Aggregator's catalog or writes a search request to find some goods in the search line of the Aggregator's catalogs.
5.2 Having chosen an item in the Aggregator's catalog, a Buyer pays for the product by debiting money from the User's balance.
5.3 When making a transaction of funds to a Seller's balance, Hstock withholds % depending on the Seller's rank.
6. REWARD PAYMENT TO THE SELLER
6.1. Hstock undertakes to make payments of funds received by Sellers from the sale of goods. Money transfer is done from the Seller's balance to the Seller's personal bank account no later than 5 (five) work days after the withdrawal request is submitted. If Hstock has suspicions about the Seller's integrity, Hstock may delay withdrawal of funds for up to 30 days to complete verification.
6.2 Seller has chosen the Withdrawal Method and informed Hstock of all details required for this purpose. Such choice and such message may be made only with the use of the Aggregator's software and hardware tools via the Aggregator's Secure Pages.
6.3 When paying the Reward to the Seller, Hstock has the right to deduct the Reward of Hstock from the amount transferred to the Seller, as well as all necessary taxes and fees, if there are any.
6.4 Hstock's obligation to pay the Reward to the Seller shall be considered fulfilled from the moment Hstock performs all actions which objectively depend on it.
6.5 The fulfillment of Hstock's obligation to make a payment to the Seller, regardless of whether Hstock has made any deductions or withold taxes, shall be considered as a proper fulfillment of the Buyer's obligation to pay for the Seller's goods.
6.6 If a Seller has specified incorrect bank account details, a non-existent bank account in their Personal Account, or due to such or other reasons which are objectively beyond the control of Hstock, it has become impossible to pay the Seller's Reward, Hstock should notify the Seller via a messenger or send an email three times within forty-five calendar days from the first attempt to pay the Seller's Reward.
6.7 The Seller undertakes to provide Hstock with correct information on which it is possible to pay the Seller's Reward within the forty-five day period provided for in clause 6.6.
6.8. Hstock undertakes to transfer the Seller's Reward within thirty work days from the moment of Seller's submission of new details.
7. GOODS DELIVERY PROCEDURE
7.1 Goods delivery procedure is carried out by the Seller in a format convenient for the Seller and the Buyer.
7.2 The Seller sends the goods and must make sure that the Buyer gets a file, it can be opened and there are no any digital errors and damage.
8. CONSIDERATION OF BUYER'S AND SELLER'S APPEALS
8.1. In case of disagreements between the Buyer and the Seller, the Buyer has the right to open a dispute with the Seller. If necessary, the Seller and the Buyer have the right to appeal to Hstock for Hstock's independent analysis of the situation.
8.2. The appeal to Hstock is made by means of software and hardware tools of the Aggregator by clicking on the "Invite Administration" button in a dispute which has been open for more than 24 hours.
8.3. If the Buyer opens a dispute over a low-quality product/service, the Seller may replace the product, improve the service or refund the money (no refunds are made for accidental purchases).
8.4. Upon receiving a request, Hstock should take measures to contact the Buyer and the Seller (as Hstock's chooses: via the Aggregator's Protected Pages, sending SMS, notifications to the e-mail address or in any other way available to Hstock), find out what disagreements regarding the goods/services exist between the Buyer and the Seller, and take measures at its discretion to settle the disagreements amicably. The duration of the procedure for amicable settlement of disagreements between the Buyer and the Seller set in this Agreement should be determined by Hstock for each specific situation, but may not be longer than 5 (five) calendar days from the date of receiving a request.
8.5. If the Seller fails to respond within 24 hours, the dispute is automatically resolved in favor of the Buyer.
8.6. If the Buyer does not respond within 24 hours, the dispute is automatically resolved in favor of the Seller.
8.7. The dispute can not be reopened. It also can't be reopened in case of accidental closure of the dispute.
8.8. If the measures taken in accordance with the clause 8.3 of the Agreement do not lead to an amicable settlement of disagreements between the Buyer and the Seller regarding the goods, Hstock shall, within a period not exceeding 10 (ten) calendar days from the receiving of the request, carry out an independent analysis of the compliance of the results of the transaction executed and delivered to the Buyer with the terms and conditions of the Order. Conducting such an analysis, Hstock should not act as an appraiser or expert, but solely as an independent party, which is authorized under this Agreement to perform such analysis based on its own independent belief and discretion. In this case Hstock is not a representative of either the Buyer or the Seller.
8.9. Hstock should inform the Buyer and the Seller of the results of its independent analysis of the compliance of the transaction result with the terms of the Order and the decision made as a result of such analysis in the Users' Personal Accounts.
8.10. By accepting this Agreement, the Buyer and the Seller thereby give their unconditional consent to the fact that the decision made as a result of the review of the Buyer's and/or the Seller's application, which was prepared by Hstock in fulfillment of its obligation under this Agreement, is binding on the Buyer and the Seller.
9. WITHDRAWAL AND RETURN OF DEPOSITED FUNDS TO THE BUYER
9.1. The possibility of withdrawing funds from the user's balance on the platform is not provided. In exceptional cases, a refund can only be made to the details that the user used to top up (even if the card or wallet is blocked). The refund period in this case will be up to 25 working days.
9.2. The balance can be used to pay for goods and services available on the platform.
9.3. In case of questions or disputes related to the use of the balance, users can contact the support service of the platform.
9.4. In cases of sale of improper quality of the goods, the Seller undertakes to return the funds to the Buyer to the User's balance.
10. Hstock REWARD
10.1 Hstock's Reward is paid by the Seller.
10.2. Hstock's reward is calculated as a certain percentage from each transaction of the Seller. The percentage amount depends on the Seller's rank.
10.3. Hstock's reward includes, among other things, compensation of expenses incurred while providing additional services.
11. Hstock's RIGHTS AND RESPONSIBILITIES
11.1. Hstock has the right to process the information provided by the User on the Aggregator in their Personal Account in order to make a decision upon the User's registration and further use of the Aggregator.
11.2. Hstock has the right to send out advertising, informational or other messages to Users independently or with the involvement of third parties (including using Hstock tools).
11.3. Hstock reserves the right at its sole discretion, without prior notice, to remove any materials from the User's Personal Account, restrict access temporarily or remove the User's account without explanation. In case of suspicious unauthorized access to the Personal Account, sending spam or other suspicious activity, Hstock has the right to block the Personal Account and withdraw funds until the circumstances are clarified.
11.4. Hstock has the right to unilaterally restrict all or part of the User's access to Hstock, its separate parts or completely stop using it for organizational or technical reasons, to ensure information security in order to prevent unauthorized access, loss or destruction of Data until such reasons are eliminated, or until some other time at Hstock's discretion.
11.5. Hstock is obliged to comply with the terms and conditions of the Agreement.
11.6. Hstock undertakes to resolve any problems connected to the functioning of Hstock, and if there is no such a possibility, it should notify the User by email or in any other way.
12. RIGHTS AND OBLIGATIONS OF THE USER
12.1 The User undertakes to properly comply with the terms and conditions of the User Agreement and to respect the rights of Hstock.
12.2 The User is obliged to update the information they provided during Registration in time to ensure its accuracy, reliability, relevance and completeness.
12.3 The User deposits the balance by any means that are functioning on the Marketplace. Except for the anti-fraud check when replenishing the balance from the SMS-Activate account.
12.4 The User undertakes to provide only honest reviews, not to pursue the purpose to defame the Seller of a product/service.
12.5 The User undertakes not to access, control, reproduce, distribute, transmit, broadcast, sell, license, copy or otherwise use the data of the Aggregator by means of robots, parsing, spiders, scrapers or other automated means or manually controlled processes for any purpose, not to take actions to bypass the restrictions for access to the Aggregator and its data set by Hstock, as well as not to attempt to modify, translate, adapt, edit, decompile, disassemble and not to try exposing the software used by Hstock, or bypass, disable or otherwise interrupt the security features or functions that prevent or restrict using or copying data from Hstock.
12.6 The User independently takes appropriate measures to ensure the safety of their Personal Account data (including login and password), equipment used to access the Aggregator, and is responsible for the security and confidentiality of their data used to access the Aggregator. Any action performed using the User's Personal Account shall be deemed to be an action performed by the User or a person authorized by the User, and shall establish the User's obligations and responsibilities towards such actions and the consequences that may have caused or resulted by such actions, including responsibility for breach of the Agreement and the requirements of the Republic of Kazakhstan legislation.
12.7 The User has the right to send Hstock suggestions, demands, claims regarding the work of the Aggregator, Hstock, Personal Account, Users, in this chat: https://t.me/hstock_org.
12.8 The User has the right to unilaterally terminate the use of Hstock at any time and refuse to fulfill the Agreement by deleting the Personal Account. To delete the Personal Account, the User should send a request to Hstock technical support in the telegram chat. The Agreement terminates when the Personal Account is deleted and access to the Personal Account is no longer active.
12.9 The User undertakes not to use profanity, rude communication, unauthorized advertising, placement of information and materials that negatively affect the image of the Aggregator. It is forbidden to post materials that violate the law or the rights of third parties. Users take all the responsibility in case of violation. Any information, violating rules or the law, will be removed.
12.10. The user undertakes not to use the purchased goods or services for purposes contrary to the law, financial fraud, extortion, as well as conducting information political campaigns on the Internet.
13. FINAL PROVISION
13.1 Users undertake not to use the rights provided for in this Agreement with the exclusive or preferential intention to cause harm to Aggregator's participants, and also undertake not to abuse the right in any other way. In case of non-compliance with such an obligation, Hstock in its independent opinion, considering the nature and consequences of the committed violation, has the right to extend the time limits for performing certain actions; to refuse to protect the right of the person who has committed abuse of rights; to make a decision not directly provided in this Agreement, as well as to take other actions to prevent abuse of right, leveling or reducing its consequences.
13.2 Users send all notices, appeals and documents through special software and hardware tools of the Aggregator, some of the notices, appeals and documents may also be sent to the User at the discretion of Hstock in the telegram chat. In addition, Hstock may use other means of communication with Users available to it. By agreeing to this User Agreement, the User agrees to receive such notices, communications and documents from Hstock.
13.3 Notices and appeals of Users are saved due to the Aggregator's software and hardware. Users agree that such communications, notices and documents should be considered proper, shall be equal to written documents signed by authorized representatives of Users, and shall have the same legal effect.
13.4 Users unconditionally agree that the notifications, appeals and documents specified in this clause are considered received at the moment of their sending to the addressees, in this regard Users undertake to take timely measures to monitor the processes occurring in accordance with this Agreement. Users independently bear the risks of unfavorable consequences as a result of actual failure to take measures to receive the information sent in accordance with this Agreement.
13.5 The buttons pressed by the Buyer and (or) the Seller, sending notifications regarding the Order are analogs of handwritten signatures and provide verification of the authenticity of the electronic document and identification of the person who sent it. The use of the User's handwritten signature analogue generates legal consequences similar to the use of handwritten signatures in accordance with the requirements of the applicable law, and all orders, statements and other documents related to the execution of the terms of this Agreement and certified by the handwritten signature analogue should be recognized as documents in the written form.
13.6 Users guarantee that they use the Aggregator in accordance with the terms and rules of its use, the information about them on the Aggregator's Protected Pages is reflected in a correct and complete manner, they act under their own and not fictitious names, all actions performed on the Aggregator under the Login and Password are performed by them personally or by authorized individuals, are obligatory and legally valid for the User. Users undertake to report any fact of unauthorized disclosure of Login and Password to third parties.
13.7 When making a decision to conclude this Agreement, Users should provide Hstock with their personal data and consent to their processing for the purposes of proper performance by Hstock of its obligations under this Agreement and for the purposes of the Aggregator's operation, and the conclusion of an Offer Agreement for the Seller.
13.8 In case Hstock has doubts about the reliability of the data provided by the User on the secure pages of the Aggregator, Hstock has the right to request copies of documents, including notarized ones, allowing to identify the User (in particular, but not limited to, passport or ID, certificate of state registration of a legal entity or individual entrepreneur, etc.). Until the documents requested by Hstock are provided, Hstock has the right not to pay the Reward to the Seller and (or) not to return the Deposited Amount (or its part) to the Buyer. Such kind of payment delay is not considered as a violation of the terms stipulated in this Agreement by Hstock.
13.9. Hstock has the right to stop the Aggregator's operation without prior notice to Users in case of the necessity to carry out preventive maintenance.
14. Hstock DETAILS.
DIMAR LLC (EIN: 93-4731644)
Business address of the organization
30 N Gould St #29175, Sheridan, WY 82801
Effective: August 29, 2022
