Kullanıcı Sözleşmesi
1.1. This Agreement defines the general conditions for the use of the Service provided at https://tunel.az by Users.
1.2.1. Tunel.az or Service (Site): Refers to the electronic page located on the Internet at https://tunel.az (including all domain levels) and comprising a set of software, data, and graphic layout (design) interface.
1.2.2. Administration: "MAMMADOFF AGENCY MMC, TIN: 7200653321," registered and operating in accordance with the legislation of the Republic of Azerbaijan. All ownership rights to the Service exclusively belong to the Company.
1.2.3. Users: Internet users who utilize the site and have accepted the terms of the agreement.
1.2.4. Personal Account (Account): Refers to the User’s personal section on the Site and a set of settings. Each User is entitled to only one Personal Account.
1.2.5. Access: The process of providing access to the Personal Account by assigning a unique identifier to the user.
1.2.6. User’s Personal Data: A collection of data that the User independently provides about themselves when accessing or using the Site. This includes personal data, IP address, cookie data, information about the User’s browser, and other information automatically transmitted to the Administration when using the Site.
1.2.7. Information: Any content posted on the Site by the User or Administration.
1.2.8. Spam: Mass, unauthorized, and/or unwanted advertising, informational, promotional, or other mailings to recipients.
1.2.9. Product: Any item posted by the User on the Site for sale, lease, rental of a vehicle or its spare parts, service (e.g., car repair shops, individual craftsmen offering services), or work. This also includes other tangible and intangible objects.
1.2.10. Advertisement: A product offer (including contact information, photographs, and any related information) posted on the Site by the User and addressed to an indefinite number of persons.
1.2.11. Services: Functionality provided for Site Users.
1.2.12. Advertising: A paid service used by the User to promote advertisements posted in their Personal Account while using the Service.
1.2.13. Discount: A reduction in the actual price of paid Services, applied when promoting advertising.
1.2.14. The verification process is a procedure for confirming the authenticity of the User by receiving a code via SMS and email.
1.2.15. Legislation is the norms of the current legislation of the Republic of Azerbaijan.
1.3. Terms and definitions not mentioned in the “Definitions” section will be construed in accordance with the text of this Agreement. If there is a discrepancy between the interpretations of the terms, the interpretation established by the Administration is applied.
1.4. This Agreement is a public offer and governs the relationship between the Administration and Users. It consists of the following documents:
1.4.1. these terms and conditions;
1.4.2. additional rules and conditions specified on the Site;
1.4.3. other terms and conditions related to this Agreement;
1.4.4. all conditions of use of the Service determined by current legislation and this Agreement.
1.5. This agreement defines the general terms of relations regarding obligations between the Service and the User during the provision of the Services. These conditions may be supplemented and clarified in the future by concluding separate agreements on the provision of Services on the Service between the Parties on the basis of this agreement.
1.6. By using the Services, the User agrees to its terms and conditions and expresses his agreement with them. The User fully accepts the terms and obligations regarding compliance with instructions and responsibility when using the Services.
1.7. You must not act on behalf of other individuals, groups or organizations with the intent to mislead, defraud or deceive.
1.8. If the user has limited ability to use the functionality of the site or if the information provided by him has become unreliable, he does not have the right to re-use the site without prior permission from the administration.
1.9. The User agrees that all materials and services of the Service or any part thereof may be used as advertising material. The User agrees that the Administration does not bear any responsibility and waives any claims against the Administration in relation to such advertising.
1.10. Under no circumstances can the administration guarantee the accuracy of the personal data provided by the user.
1.11. The User is recommended to use all the means offered by the Service to communicate with the counterparty, that is, another User with whom he has agreed on any product or service.
1.12. A user whose access to the Services is suspended or whose data is invalid does not have the right to re-register without the special permission of the Administration. Such User will also be denied the right to use another User's registration information to access the Service and its services.
1.13. The Administration has the right to confirm the User at any time via SMS verification. If the user does not pass verification, the Administration may prohibit or limit the User’s ability to use the Service.
1.14. The provisions mentioned in this agreement apply to users who share advertisements without registering with the service, that is, without creating a personal account, and are required to comply with these rules.
1.15. The Administration does not bear any responsibility in disputes arising between a person offering his Product by simply distributing an advertisement without registering on the Service, and his counterparty, since he is not a party.
2.1. Upon completing a special form, the Administration grants all registered Users of the Service (excluding those blocked by the Administration) the right to access their personal accounts on the Site, exchange photos and videos, and post advertisements.
2.2. The User agrees not to take any actions that could be considered a violation of the law or international law, or any actions that may disrupt the normal operation of the Service.
2.3. The Administration is not the organizer, buyer, seller, or intermediary of transactions related to goods. As the Administration is not a party to agreements (oral or written) regarding these matters, it is not liable for disputes that may arise between users in the future. All product transactions are conducted directly between Users.
2.4. The Administration is not responsible for the content of advertisements, links to other resources, or any other information specified in the advertisement descriptions.
2.5. In order to be granted the right to publish advertisements, data, and information provided to the User by the Administration, the User is responsible for all data, images, photographs, videos, audio materials, databases, and any other information provided by the Administration. The User hereby grants the Administration the right to use, distribute, process, display, copy, reproduce, locally store, for an indefinite period, irrevocably, and non-exclusively, through all known or unknown media. These rights are provided to the Administration free of charge. Additionally, the User grants all Users of the Service the right to access the information posted by them.
2.6. The Administration is not liable for any violation of the rights of third parties resulting from the User's provision of any information and data on the Service.
2.7. The User grants all necessary rights, permissions, or licenses to the Product, information, and data, including all patents, trademarks, trade secrets, intellectual property rights, or use of names, images, or other properties of third parties, or warrants and represents the existence of permission.
2.8. The Service may request additional information from the User about the listed Products and documentation confirming the provided information. The Service reserves the right to suspend publication until such documentation or information is provided.
2.9. Except for items removed from circulation, and with the User's special permission if required by law, and provided that the rules of use on the Service are followed, the User has the right to sell any goods owned by them on the Service. The User agrees to provide such special permission upon request by the Administration.
2.10. In order to maintain a high level of service quality, the Administration reserves the right to limit the number of active advertisements by the User on the Service, as well as to restrict the User's actions on the Service.
2.11. The description of the Product provided by the User in the advertisement constitutes the terms of sale of that Product.
2.12. The conditions of sale of the Product stated in the advertisement, as well as other advertisement terms, must not contradict this Agreement and the legislation in force at the time of posting the advertisement and in the future. In the event of changes in the current legislation and/or Agreement, if any terms of the advertisement do not comply with the legislation or this Agreement, the User must make amendments and changes to such terms or advertisement to remove any inconsistencies. In cases where making such changes is not possible, the User must delete such advertisement. In circumstances specified in this paragraph, the Administration reserves the right to edit or delete such advertisements without prior notice to the User.
2.13. Advertisements are prohibited from containing links to websites that offer sales, use, or other information about goods and services.
2.14. Users may not transfer their rights and obligations under this Agreement without the consent of the Administration.
2.15. The rights and obligations of the administration may be transferred to other persons. For example, this may occur in the event of a change in ownership (through merger, acquisition, or sale of assets) or by law.
2.16. The User agrees not to use automated programs to access the Service without the Administration's permission. The use of computer programs that allow advertising beyond the normal order of advertising placement is prohibited without the written permission of the Administration.
2.17. The User is prohibited from providing information that violates this Agreement or the rights of third parties:
2.17.1. The information must not be false, inaccurate, or misleading.
2.17.2. The information must not contain vulgar or offensive language.
2.17.3. The user must not engage in fraud, deception, or breach of trust.
2.17.4. The information should not lead to transactions involving stolen or counterfeit goods.
2.17.5. The information must not violate a third party's property, trade secrets, or right to privacy.
2.17.6. The information should not contain materials that offend anyone's honor, dignity, or business reputation.
2.17.7. Information must not contain personal or identifying information about others without their express consent.
2.17.8. The information should not contain slander or threats against anyone.
2.17.9. Information should not encourage the commission of a crime, nor incite ethnic hatred.
2.17.10. The information should not post political messages and should not cause, support, or encourage terrorist and extremist activities.
2.17.11. The information must not be pornographic in nature.
2.17.12. The information must not contain computer viruses or other computer programs aimed at causing damage to the system or its part, personal data, or other data of the Service, as well as unauthorized access to them, secret seizure, or appropriation.
2.17.13. The information must not contain immoral material about sex that is considered, including, but not limited to, prostitution or other forms that are contrary to moral standards or the law.
2.17.14. The information must not violate the intellectual property rights of anyone, the rights of a citizen to describe or other rights of third parties.
2.17.15. The information should not allow other violations of current legislation.
2.18. The User is prohibited from using Names similar to the names of other Users in order to act and post messages on behalf of other Users.
2.19. The Administration has the right to advertise the Product in a different way than the User, provided that this does not spoil the Product advertising posted on the Service.
2.20. The Administration has the right to postpone, terminate, or extend the period of display of any Product for technical reasons that may or may not be controlled by the Service.
2.21. When posting the same Product in two or more separate advertisements on the Service, each of the mentioned advertisements will be deleted by the Administration.
3.1. Users can order paid services on the Service.
3.2. Types of paid services:
3.2.1. "Quick sale" service
3.2.2. Paid advertising
3.3. Information on the cost of the service, as well as the procedure for ordering paid services, are indicated on the relevant pages of the Service.
3.4. The Service user who paid for the Service has the right to contact the Administration for a refund. The decision to return or refuse a refund is made by the Administration unilaterally.
3.5. The administration has the right to change the price of promotional services at its discretion. The current price of advertising services is always available on the purchase page of the relevant services.
3.6. The Administration reserves the right to refuse a refund to the User in the following cases:
3.6.1. If the User violates the terms of the current Agreement.
3.6.2. When the User places advertisements about prohibited goods, services, and offers.
3.6.3. In case of failures in the operation of payment systems that pay for the services of the Service. The service is not responsible for such failures. Refund issues are resolved individually.
3.6.4. In other cases, by decision of the Administration
4.1. The Administration informs Users about the activities of the Site, advertising, newsletters, as well as new functions of the Site and other aspects. The Administration reserves the right to send emails and/or short messages (SMS messages) to email addresses or phone numbers specified by Users, which may also be provided on the Site itself.
4.2. The user agrees that such messages or parts thereof may contain advertising, information, and other announcements. The user acknowledges and agrees that these messages and their components may be of an advertising nature and contain advertising, information, and other advertisements.
4.3. Messages published on the site are considered delivered to the User from the moment of their publication.
4.4. Communication between the User and the Site Administration is carried out by using the email specified in the “Contacts” section of the Site, or by calling the specified telephone number.
4.5. The user has the right at any time to refuse to receive emails and messages to the specified telephone number or email address by sending an appropriate request.
5.1. The collection of programs, data, trademarks, copyrights, and other assets utilized in the Service are deemed the intellectual property of their respective legal rights holders and are safeguarded by intellectual property legislation, as well as relevant international treaties and conventions.
5.2. The Administration holds exclusive ownership of the domain name hosting the tunel.az website, the website itself, the databases produced by the Service (including User databases), and all Service software in its entirety.
5.3. It is prohibited to copy, modify, distribute, sell, exchange, or lease all or part of the Service's intellectual property (including software) without the written consent of the Administration, as well as to "hack" or acquire its source code.
5.4. Any unauthorized use of elements, symbols, texts, graphics, programs, or databases that constitute part of the Service and are owned by the Administration is considered illegal and a violation of the law, except as permitted in this Agreement. This may result in civil, administrative, and criminal liabilities for the offenders.
5.5. Under this Agreement, the User agrees to the following obligations:
5.5.1. Refrain from actions that may burden the Service infrastructure excessively.
5.5.2. Obtain prior written consent from the Administration before copying, reproducing, modifying, correcting, or publishing any information found on the Site.
5.5.3. Abstain from disrupting the Service's operation to prevent or restrict access, or interfering with automated systems or processes.
6.1. The User is responsible for accurately inputting text, adding information, and completing the appropriate forms.
6.2. The User assumes all risks associated with potential online fraud, including but not limited to, the risk of email addresses being included in spam mailing lists, falling into the hands of scammers, and other associated risks, accepting responsibility for these issues.
6.3. The Service disclaims responsibility for the execution of agreements by Users, damages resulting from such agreements, lost profits, income, financial losses, or indirect, actual, extraneous, or punitive damages. Additionally, the Service is not liable for unlawful actions by any individual.
6.4. The Administration, its management, employees, and support service are not responsible for the content of information received by Users through third parties' use of User contact information posted on the Service, or for unauthorized use of User data, including photos, videos, or any other content belonging to another User.
6.5. Users acknowledge and agree that the Administration is not liable for any losses or damages incurred due to the Service's content or agreements concluded by Users. The Administration is also not responsible for copyright registration or information regarding such registration, nor for goods or services purchased by Users using information posted on the Service.
6.6. The Administration is not liable for software malfunctions, viruses, or other issues transmitted to or through the Service by third parties.
6.7. Users agree to act in accordance with current legislation and this Agreement.
6.8. In case a User's rights are violated by another Service User (e.g., illegal use of intellectual property), the aggrieved User may file a complaint with the Administration. If the Administration finds the complaint justified, it reserves the right to take measures to prevent further violations.
6.9. The Administration disclaims responsibility for any potential direct or indirect losses associated with Site usage, except in cases of intentional or gross negligence, excluding direct losses.
6.10. If the parties are unable to fulfill their obligations under the Agreement due to force majeure circumstances that could not have been foreseen at the time of the Agreement's conclusion, they are released from liability to the extent that such obligations are affected or violated.
7.1. In cases considered force majeure in accordance with the legislation of the Republic of Azerbaijan, the Administration is not responsible for untimely, incomplete, or non-fulfillment of any action specified in this Agreement.
7.2. In these and similar cases, delay, incomplete performance, or non-performance on the part of the Administration will not be regarded as an unlawful act, and no compensation can be claimed for these cases.
7.3. Force majeure circumstances include:
7.3.1. Earthquake, flood, fire, other natural disasters, military conflicts and interventions, terrorist attacks, riots, civil unrest, strikes.
7.3.2. Changes in legislation, decisions of government bodies.
7.3.3. Infrastructure and Internet failures, system upgrades or updates and related failures, power outages, etc.
7.3.4. Circumstances beyond the reasonable control of the relevant party and inclement weather.
7.3.5. Other circumstances directly affecting the parties’ compliance with the terms of this Agreement.
8.1. This Agreement comes into force from the moment the User begins using the Service, regardless of the User’s registration on the Site, and the validity period of the Agreement is unlimited.
8.2. The User has the right to unilaterally terminate their registration in the Service without prior warning to the Administration and explanation of the reason.
8.3. If the User violates the provisions of this Agreement, other additional documents or rules adopted by the User, or current laws, standards of morality and decency, or causes any damage to the Service or the Administration, including their reputation or other users of the Service, the Administration has the right to suspend the User’s access at their own discretion if they commit other contradictory actions.
9.1. In case of disputes, the parties to this Agreement undertake to resolve them through negotiations. Disputes arising during the execution of this Agreement and the provision of Services shall be resolved in accordance with current legislation.
9.2. In all disputes, the legislation of the Republic of Azerbaijan is applied.
9.3. The Administration reserves the right to unilaterally change the terms of use at any time, and the User is responsible for regularly checking the changes. The new version of the Agreement comes into force from the moment of its publication on the Service.
9.4. If the User does not agree with the terms of this Agreement or the changes made to it, they should refuse access to the Service and stop using the services of the Service.
9.5. The recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of the other provisions of the Agreement.
9.6. All other conditions not provided for in this Agreement are regulated separately.
The User confirms that they have read all the clauses of this Agreement and accept them unconditionally in full.