Yandex.Market Service Rules: «start»
This document is a translation of Yandex.Market Service Rules: «start» in English. In case of conflict between the Russian version of Yandex.Market Service Rules: «start» and this translation - only the Russian version of Yandex.Market Service Rules: «start» is legally binding. The Russian version of Yandex.Market Service Rules: «start» can be found here: https://yandex.ru/legal/market_rules_start/?lang=ru.
This document is effective if published at https://yandex.kz/legal/market_rules_start/.
Publication date: 08 September 2015.
Effective date: 08 September 2015.
It is obligatory in rendering Yandex.Market services by Yandex in case the Customer selects the «start» option for placement of Materials that the Customer accepts and complies with the terms and conditions of these of Yandex.Market Service Rules: «start» (hereinafter – the «Rules»).
Terms and Definitions
Product Card shall mean a page at Yandex.Market Service with description (properties) of a product (service).
Materials shall mean aggregate of the Product Offerings provided by the Customer (Online and Offline Product Offerings), informational and reference materials, containing information about the range, prices, characteristics, availability for sale of products (works, services) offered in the Customer’s .store to potential buyers in the current period, information about the location of the Customer’s stationary retail outlets, images, descriptions and other information about Product Offerings and the store.
Online Product Offer shall mean an offer of products/works/services which a user can order/purchase on the website of the Customer’s store.
Offline Product Offer shall mean an offer of products/works/services which a user can purchase at a retail location of the Customer.
1. The Locations
Product Offers provided by the Customer may be displayed on the Locations specified in this section of the Rules:
1.1. The Locations are listed below:
• product card («Stores Nearby» block) – up to 5 «Offline» Product offers tied to a location on the map corresponding to the address of the Customer’s retail store.
1.2. The Locations are listed below:
• on «Stores Nearby» pages of Yandex.Market Service – all Product offers tied to a location on the map corresponding to the address of the retail store selling advertised products/services and/or a customer pick up location of advertised products.
1.3. Product Offers that may be displayed at the Locations listed in Clauses 1.1, 1.2 may be also displayed on pages of sites using “Yandex.Market Content API” (https://yandex.kz/legal/market_api_content/), subject to the terms (including prices) of displaying the Materials provided for in this document for corresponding Locations listed in Clauses 1.1, 1.2. The number and the selection (without changes of the sorting) of Product Offers displayed on pages of sites using “Yandex.Market Content API” (https://yandex.kz/legal/market_api_content/) may differ from that specified in Clauses 1.1, 1.2.
2. Terms of displaying of the Materials at the Locations
2.1. Product offers are displayed at The Locations listed in Clauses 1.1, 1.2 hereof provided that the corresponding user search request contains a word/word combination (hereinafter – the «key word») used in the description of product offer or in the description of product (service) category in the «Yandex.Market» database to which such product offer refers.
2.1.1. Displaying of Product offerings in accordance with paragraph 2.1 of the Rules may also be effected where the word/ phrase, specified in the paragraph 2.1, is substituted by its synonym, colloquial equivalent, equivalent in foreign language (including reproduced by means of transliteration), other interpretation of this word/phrase given by Yandex.
2.2. Product offers of a Customer’s store at the Place of Placement listed in Clause 1.1 hereof published according to the Rules shall be displayed after Product offers published according to the Yandex.Market General terms and conditions for Yandex.Market Services available at https://yandex.kz/legal/market_general/ (hereinafter – the «General Terms»). The order of Product offers displayed at the Locations listed in Clause 1.1 hereof according to these Rules is determined based on Yandex relevancy criteria.
2.3. Products offers at the Locations listed in Clause 1.2 hereof published according to the Rules may be displayed after Product offers published according to the General Terms (in case of absence of displayed Product offers published according to the General Terms or if there are less than 5 of such offers). The order of displaying Product offers at the Locations listed in Clause 1.2 hereof according to these Rules is determined based on Yandex relevancy criteria. For such Places of Placement, an additional rule applies to selection of product offers, according to which a number of Offline Product offers of one store on one page is limited by two.
2.4. Product Offers will be displayed on the Locations stipulated in these Rules alongside display to the user of other components of the Materials provided by the Customer, relating to a corresponding Product Offer (descriptions, images, etc.).
2.5. In accordance with the Federal Law “On Advertising”, the Materials with the advertising content subject to classification in accordance the Federal Law "On protection of Children from Information Harmful to their Health and Development," namely the media products intended for circulation within the Russian Federation, printed matter, audiovisual production on all types of media, programs for computers (computer software) and databases, as well as information made available through entertainments, information and telecommunication networks, including Internet, and mobile telephone communications network shall contain the age restriction notification - 18+, 16+, 12+, 6+, 0+.
The category of the content shall be determined by the Advertiser independently during the Materials production. If the Customer fails to select a category for Materials with relevant content, the Materials shall be automatically assigned to the 18 + category. The assignment of the Materials to the relevant category shall be performed on the basis of automatic identification of Product offering category. The Customer is entitled at any time to change the category by sending the relevant data in accordance with the procedure stated in the «Requirements to the Data Transmission Format and Method» posted in the Internet at http://partner.market.yandex.ru/legal/tt_en/ or via the customer support service at https://feedback.yandex.ru/partnermarket, if the Customer considers the Materials not to be the subject to age categorization. The Customer is obliged to inform the customer support service at https://feedback.yandex.ru/partnermarket of the need of age restriction, if the Materials were not automatically assigned to age category (including the cases when the Materials age category is not displayed because of incorrect identification of Product offering category). The Customer is responsible for the proper determination of the Materials age category and mandatory placement of age restriction notification in the Materials with the relevant content.
2.6. The Materials advertising medicines, medical services, including treatment methods, medical items and also biologically active supplements, as well as the Ads of the items constructively similar to arms in terms of article 1 of the Federal Law “On Arms”, shall be accompanied by the following standard warnings:
"Contraindications. Consult your doctor" — for advertising of medicines, medical services, including treatment methods, medical items;
"It is not a medicine" - for advertising of biologically active supplements;
"Constructively similar to arms" – for advertising of the items constructively similar to arms.
The above warnings shall be added to the advertisements automatically by determining the subject of such advertisements.
The Customer shall ensure that subjects of the advertisements are determined properly and the required warnings are unfailingly added to the advertisements with relevant subjects.
In accordance with the Federal Law “On Advertising”, the Materials, advertised objects of which are the products to be used as a substitute for breast milk, and the products included in the child's diet during its first year of life, shall be accompanied by a warning, such as “Please consult a specialist. For the nutrition of children of ________ (designation of age limit ranging from 0 to 12 months)”.
The determination of age limits for the use of such products shall be conducted by the Customer. If the Customer has not chosen the age category for Materials advertising the relevant product, the Materials shall be automatically accompanied by a warning, such as “Please consult a specialist. For the nutrition of children of 11+ months”. Accompanying the Materials with the relevant type of warning shall be conducted by the automatic determination of the Product offering category. The Customer shall have the right to change the age limit at any time, with passing the relevant data in the manner prescribed by the document "Requirements to the Data Transmission Format and Method" (http://partner.market.yandex.ru/legal/tt_en/).
3.1. The price of Yandex.Market Services with «Start» display of Materials according to these Rules is fixed and equals 0.33 c.u. (subject to VAT) per day of displaying all Product offers of one store of the Customer.
3.2. The fee stated in Clause 3.1 shall be charged in the stated amount for each day starting from the first date of Services on the terms prescribed hereby (date when the Customer submits the first product offer of the Customer’s store according to these Rules) to the date of contract cancellation or the date when the Customer selects in the Client’s Web Interface the option of «Active Sales» placement of Materials (whichever is sooner) and does not depend on the number of Product offers placed within the above period from one store of the Customer. No more than 10,000 Product offers from one store of the Customer may be placed at the same time.
3.3. The minimum order price is 10 c.u. subject to VAT.
4. Other Terms
4.1. When Product offers are displayed on mobile devices, advertising materials may contain a link to a page of the «Stores Nearby» section of Yandex.Market Service or a link to the «Call us» page of Yandex.Market Service. When a user follows the Link to the «Call us» page, it may contain only the contact number of the Customer’s store.
4.2. The Customer can select the «Start» option of placing Materials through the Client’s Web Interface.
4.2.1. If prior to acceptance of a Yandex.Market Service offer by the Customer (available online at https://yandex.kz/legal/oferta_market/), the Customer purchased Yandex.Market services on the terms according to which the cost of Yandex.Market services was fixed according to these Rules, Yandex.Market services shall be provided on the terms contained herein, except if the Customer through the Client Web Interface selects the «Active Sales» option of placement.
4.3. If the Customer receives a discount as a part of promotional programs for the Customer purchasing «Yandex.Market» Services with the «start» placement option for a certain period, in such case the unilateral Service Acceptance Report according to Clause 5.6.1 of the offer shall be prepared by Yandex upon expiration of the above period of placement or upon termination of Services according to the actual amount of provided Services.
1 c.u. = 30 Russian rubles (including Russian VAT 18%)
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