Privacy policy

1. Basic concepts

System (electronic trading platform) - an automated information system "Platmix", located on the Internet at https://platmix.com/, intended for conducting competitive trading procedures in electronic form;

"Personal account" - a working section provided to the registered System Participant on the website at https://platmix.com/, for access to which it is necessary to be authorized, specifying the user details and password of the System User;

Operator - EXCHANGE CAPITALMARKET.PLACE LLC, i.e. a legal entity that owns the System and provides the operation of the System;

System User - a legal entity, an individual entrepreneur who has passed the registration procedure in accordance with these terms of use, in respect of whom the Operator has made a decision to confirm his registration in the System;

Trading procedure (bidding) - a procedure performed in the System and unambiguously regulated by a given method of its conduct, notification and documentation on the conduct of the trading procedure, conducted for the purpose of selecting Buyers and Sellers and concluding agreements (contracts) for supply;

Method of conducting the bidding (trading procedure) - unambiguously regulated principles of conducting the trading procedure in the System, based on the results of the competition of offers of independent Participants of the trading procedure;

Documentation on conducting the trading procedure - a set of electronic documents (confirmation of the contract) containing all necessary and sufficient information about the subject of the trading procedure, the conditions of its conduct;

Application (Offer) - an electronic document submitted by a Bidder for the purpose of participating in a trading procedure in accordance with these Terms of Use.

2. General Provisions

2.1. These Terms of Use establish the rules for conducting competitive trading procedures in electronic form for the purchase of goods and services, on the electronic exchange (hereinafter referred to as the System), located on the Internet at https://platmix.com/ and regulate the relations arising during the conduct of trading procedures in the System.

2.2. These Terms of Use are developed in accordance with the current legislation of Ukraine.

2.3. The purpose of conducting trading procedures in the System is to select a Seller or Buyer on the best terms (quantity, price, quality, delivery terms) for concluding contracts for the supply of goods, or for the Users of the System to study the market situation for a particular good or service.

2.4. To participate in trading procedures conducted in the System, participants must complete the registration procedure in accordance with these Terms of Use.

3. Joining the Terms of Use

3.1. Users of the System join these Terms of Use when registering in the System in accordance with Section 8 of these Terms.

3.2. By joining these Terms, the System User fully and unconditionally accepts the conditions, requirements and procedures defined by the Terms, including its annexes, in the version valid at the time of submitting an application for registration in the System, and also accepts the changes (supplements) made to the Terms and undertakes to independently familiarize himself with the changes (supplements) to the Terms of Use.

4. Change (supplement) to the Terms of Use

4.1. Changes (supplements) to the Terms of Use, including its annexes, are made by the Operator unilaterally.

4.2. These Terms of Use in the form of an electronic document are posted by the Operator in the open access in the Open part of the System in the section "Terms and Conditions". Notification of changes (amendments) to the Terms of Use is carried out by the Operator by mandatory posting of changes (amendments) to the Terms of Use in the Open part of the System.

4.3. All changes (amendments) made by the Operator to the Terms of Use shall enter into force and become mandatory for all persons who have joined the Terms of Use from the date of posting by the Operator of the change (amendment) to the Regulations in the Open part of the System.

4.4. All appendices, changes and additions to these Terms of Use are their integral part.

4.5. In case of disagreement with the changes to the Terms of Use, the System User has the right to terminate the contract with the Operator in accordance with the terms of the contract.

5. Rights and obligations. Responsibility of System users

5.1. Bidders have the right to:

5.1.1. Place applications for purchase, sale or provision, receipt of services and information about your own company and the proposed conditions in the System.

5.1.2. Participate in trading procedures held in the System: send counter-offers, confirm contracts.

5.1.3. Add news exclusively on the topic and not of an advertising nature.

5.1.4. Use all information on the site.

5.1.5. Complain about Users in the System or the System Operator about violation of the rules of the Terms of Use.

5.2. The trading user is obliged to:

5.3.1. Comply with the norms of these Terms of Use when performing any actions in the System.

5.3.2. Comply with the terms of the application submitted by them during the validity period specified in the application.

5.3.3. In the event of sending a the contracting party confirming the contract, (according to the results of the exchange of offers), within 2 business days from the date of sending the confirmation, conclude the relevant contract. Information on the terms of the purchase and sale agreement remains confidential, but information on the price of the goods will be stored in the system for the formation of the market price on the website https://platmix.com/.

5.3.4. Timely make changes to the information about your legal entity, individual entrepreneur, sent during registration in the System, including information about details, about the offered and (or) consumed goods, works, services, and also timely place in the System current copies of documents sent during registration in the System.

5.4.5. Ensure the confidentiality of the System User's password. If there is suspicion of unauthorized use of them by third parties, immediately notify the Operator.

5.4.6. The System User is responsible for failure to comply with the Terms of Use, which resulted in a violation of the rights of third parties.

5.4.7. The System User is responsible for the reliability of the information placed and sent to them when working in the System.

5.4.8. All actions taken by the System User, duly authorized in the System by username and password, are recognized as actions of the relevant System User, to whom this username and password were provided, and give rise to the corresponding rights and obligations for him.

5.5. The System Operator has the right:

5.5.1. Check the reliability of the information provided by the System User.

5.5.2. Terminate the System User's access to work in the "Personal Account" in the System for failure to comply with the provisions of these Terms of Use or terminate such access until the violations are completely eliminated.

5.5.3. To modernize the System and make changes to the functionality of the System and these Terms of Use.

5.6. The System Operator is obliged to:

5.6.1. Ensure the technical possibility of participation in open trading procedures held in the System, as well as equal access of System users to participation in open trading procedures, including information on the conduct of open bidding.

5.6.2. Timely post information that may affect the rights and obligations of System users in the open part of the System.

5.7. The Operator is not responsible for:

5.7.1. For any damage, losses and other losses incurred by the System User due to the presence of an inappropriate hardware and technical complex necessary for operation in the System in accordance with the technical requirements of the System, namely:

the System User's lack of computer equipment with the necessary set of software and technical capabilities that meet the requirements for operation in the System;

the presence of software and technical limitations and settings contained in the computer equipment of the System User, which did not allow him to fully work in the System;

the impossibility of the System User's work due to infection of the computer equipment of the System User with malicious programs (viruses);

shortcomings in the operation of the network infrastructure of the System User, which led to disconnections of the System User from the Internet and did not allow the System User to fully work in the System;

shortcomings in the operation of network systems and restrictions introduced by the provider (the company that provides the System User with access to the Internet), whose services the System User uses, as well as failures in the operation of the hardware and technical complex at the System User's provider, which led to unregulated and unforeseen disconnections of the System User from the Internet and did not allow the System User to fully work in the System.

5.7.2. For any damage, losses and other damages incurred by the System User if they arose due to improper use of information related to the work of the System User and the relations between the Operator and the System User, such as:

ignorance by the User's employees of these Terms of Use, neglect and improper fulfillment by the System User's employees of all requirements and procedures specified in these Terms of Use, which led to the System User assuming additional, unnecessary, increased and unplanned obligations to other System users and negatively affected the System User's business reputation;

improper storage of the login and password, EDS means, unauthorized transfer by the System User's management of the login and password, EDS means for entering and working in the Systems to third parties who do not have the appropriate authority and qualifications to work in the System;

actions committed in the System on behalf of the System User by third parties who have gained access to the System for the reasons specified in this clause, due to their incompetence and ignorance of these Terms of Use, which led to the System User assuming additional, unnecessary, increased and unplanned risks obligations to other users of the System;

actions committed in the System on behalf of the System User by third parties that resulted in a change in information about the User himself, which negatively affected his business reputation as a user of the System.

5.7.3. For the content of the notice on the procurement procedure, documentation on the procurement procedure, compiled and posted by the Auction Organizer;

5.7.4. For the content of the application submitted by the Participant to participate in the procurement procedure;

5.7.5. For the actions of the Auction Organizer in considering the application of the Auction Participant, on the admission and / or rejection of the application of the Participant of the procurement procedure, the content of the protocol for considering applications for participation in procurement procedures, the terms of sending this Protocol by the Auction Organizer to the Operator and other procedural actions of the Auction Organizer related to the consideration of applications for participation in procurement procedures;

5.7.6. For the actions of the Bidder in independently summing up the results of the procurement procedure, namely for independently determining to whom and on what terms to sell or buy goods, other than the confirmation generated by the System in accordance with these Terms of Use;

5.7.7. For the procedure for concluding (not concluding, on what or on what grounds) an agreement between the Bidder and the Bidder on the basis of the procurement procedures conducted in the System, for mutual fulfillment by the parties of the terms of the agreement concluded on the basis of the procurement procedures conducted in the System.

5.7.8. If the information posted by the System User, through the fault of the System User himself (the System User's employees), becomes known to third parties who used it in order to harm the System User.

5.7.9. In the event of failure to fulfill or improper fulfillment of these Terms of Use and other agreements reached, the Operator and the System User shall bear liability provided for by the current legislation of Ukraine.

6. General characteristics of the System

6.1. Access to the System is carried out through the site on the Internet, located at https://platmix.com/

6.2. Access to the information placed in the System can be carried out using common web browsers.

6.3. The System operates according to the date and time of the time zone in which Kyiv is located (Kyiv time). The date format used in the System is day. month. year, the time format is hours: minutes and hours: minutes: seconds. milliseconds (where the hours are indicated in 24-hour format).

7. Electronic document flow and electronic digital signature

7.1. Trading procedures that are announced and carried out in the System are carried out exclusively in electronic form using electronic document flow. All documents and information related to obtaining registration in the System and conducting trading procedures, including submitting applications and price offers, are sent in the form of electronic documents through the System.

7.2. Documents and information sent by the System User in the form of electronic documents through the System are confirmed by the System Users through confirmation of contracts or counter-offers by e-mail specified as a login during registration.

7.3. An electronic document sent by the System User has legal force and entails the legal consequences provided for this document in accordance with these Terms of Use and the current legislation of Ukraine.

8. Procedure for registration in the System

8.1. To ensure access to participation in trading procedures held in the System, it is necessary to go through the mandatory registration procedure.

8.2. To register in the System, the User enters data about a legal entity, an individual entrepreneur on the site in the registration section and after confirming the e-mail receives full access to the electronic trading system.

8.3. The applicant may be denied registration if he provides false information, or the information provided by the applicant is false.

8.4. In the event of a decision to register, a registration notification is sent to the e-mail address specified by the applicant, with a link to enter the System. From the moment the applicant registers, he is recognized as a User of the System.

8.5. In the event of a decision to refuse registration, a notification of refusal of registration is sent to the e-mail address specified by the applicant, indicating the reason for the refusal and its justification. After eliminating the specified grounds for refusal of registration, the applicant has the right to re-submit an application for registration and submit the documents and information provided for in clause 8.2 of these Regulations.

8.6. Access to the closed zone of the trading platform and the personal account of the System User is allowed only to persons who have completed the registration procedure.

8.7. From the moment of submitting an application for registration in the System, the applicant is considered to have read these Terms of Use and fully accepted the requirements and procedures specified therein.

8.8. Registration of a person may be terminated or canceled by the Operator in the event of a violation by the specified person of the requirements of these Terms of Use or a violation of contractual obligations, in which case this person loses the status of a System User.

9. System Operation Mode

9.1. The System operates in continuous mode (around the clock, seven days a week) except for the time of scheduled preventive maintenance and unscheduled technical outages.

9.2. The Operator provides consulting support to System Participants on issues related to the functioning of the System by phone and e-mail specified in the Open part of the System, on business days from 09:00 to 18:00 Kyiv time.

10. Resolution of disputes related to trading

10.1. All disputes between System Users that arose during the trading procedure are resolved in the manner specified in the documentation on the trading procedure.

10.2. The provisions of these Terms of Use cannot be considered as any restriction on the right of the System Users to apply to court.

11. Other terms

11.1. By registering on the website, the Parties grant each other their consent and the right to include the data (personal and/or identifying) of the opposing Party in databases (including electronic ones) used for processing, storing, using (registration, accumulation, etc.) data in connection with the activities of the Party receiving such data, including, but not limited to, databases necessary for the preparation of accounting, statistical, financial, tax reporting, as well as other forms of reporting, monitoring or control, which are drawn up and maintained in accordance with the standards used by the Party receiving the data. The Parties confirm, agree and guarantee that the data (personal and/or identifying) of the Party that becomes known to the other Party during the performance of these Terms of Use may be included, stored, processed (used, etc.) in databases (including electronic ones) both during the performance of these Terms of Use and after their expiration.