1. General Provisions
1.1. These terms and conditions (hereinafter — the "Terms") constitute a binding agreement between the user and MyBakuriani (hereinafter — "MyBakuriani", the "Platform", or "we"). 1.2. MyBakuriani is an information-technology web portal and digital platform that enables users to search for, post, and share information about real estate, recreation, accommodation, transport, services, employment, food, entertainment, and other offers, and to connect with the relevant listing authors. 1.3. MyBakuriani is available, among other things, at the following domain addresses: mybakuriani.ge, mybakuriani.com.ge, and mybakuriani.com. These domains are alternative addresses of one and the same Platform and do not create a separate legal entity or an independent service. 1.4. By creating an account on the Platform, logging in, posting a listing, or using any service of the Platform, the user confirms that they have read and agree to these Terms. 1.5. These Terms do not govern the terms of sale, rental, service, booking, or other transactions concluded between users. Such relationships arise directly between the relevant parties.
2. Platform Owner and Contact Information
2.1. The owner of the Platform and the provider of its services is: Individual Entrepreneur Luka Matiashvili.
- Identification number: 01008060403
- Legal address: 11g Khomli St., Tbilisi
- Email: [email protected]
2.2. This email address is used for user complaints, legal notices, notices of rights infringement, requests related to personal data, and other official communication.
3. Definitions
3.1. "Platform" — MyBakuriani and the digital services connected to it. 3.2. "User" — any natural or legal person who uses the Platform. 3.3. "Account" — a personal or business profile created by a user on the Platform. 3.4. "Listing author" — a user who posts a listing on the Platform based on their own or an authorized right to do so. 3.5. "Seeker" — a user who uses the Platform to search for property, a service, employment, or another offer. 3.6. "Smart Match" — an automated Platform feature that may connect a user with a relevant listing author. 3.7. "Wallet" — the Platform's internal balance used to purchase paid services. 3.8. "Credit" — the Platform's internal conventional unit for specific digital services. 3.9. "Paid service" — a digital, informational, advertising, listing-placement, or other Platform service offered in exchange for a fee.
4. Account and User Status
4.1. When creating an account, the user must provide accurate information and keep it up to date. 4.2. The Platform's commercial services may be used by adult, legally capable persons, except as otherwise provided by law or the terms of a specific service. 4.3. The user is responsible for the security of their own password, OTP code, and other means of authorization. 4.4. Actions carried out from a user's account are, as a rule, deemed to have been carried out by that user. 4.5. In the event of a reasonable suspicion of a security issue, fraud, or a breach of these Terms, the Platform is entitled to temporarily restrict the account and request additional information or documents.
5. Platform Status and Limitation of Liability
5.1. MyBakuriani is an information-technology platform and web portal that provides the technological capability to post listings, search, exchange information, and communicate between users. 5.2. MyBakuriani is not a real estate agency, broker, travel agency, property owner or lessor, seller or buyer of property, or the provider of a service referenced in a listing, except where a specific service is explicitly identified as MyBakuriani's own service. 5.3. Posting a listing does not mean that MyBakuriani approves or guarantees the relevant property, product, or service. 5.4. Price, availability, and the terms of a transaction are determined directly between the listing author and the user. 5.5. MyBakuriani is not a party to transactions between users and, to the extent permitted by law, is not liable for a listing author's failure to fulfill their obligations, the condition of a property, the accuracy of a listing, price, availability, cancellation of a booking, actions of third parties, or private disputes between users. 5.6. This limitation does not exclude liability the exclusion or limitation of which is not permitted by law.
6. Financial Model, Pricing, and Special Terms
6.1. MyBakuriani is entitled to offer users both free and paid digital, informational, advertising, and other Platform-related services. 6.2. Paid services may include the posting of listings for real estate rental or sale, hotels, transport, food, various services, employment, entertainment, and other categories, as well as VIP, Featured, Boost, advertising, Developer, and other services. 6.3. The fee, term, scope, and features of a specific service are determined by the corresponding pricing or offer and are provided to the user before the purchase of the service. 6.4. Listings or services in different categories may have different prices, terms, and conditions. 6.5. MyBakuriani is entitled to grant a specific user, listing, or object a special rate, discount, or other benefit. 6.6. The basis for a special rate or benefit may be loyalty, partnership, a promotion, a testing program, early-user status, or another criterion determined by the administration. 6.7. MyBakuriani is entitled to offer a specific user or listing a service free of charge within the framework of a testing, development, marketing, partnership, loyalty, or other special program. 6.8. The period of a free service under a testing program may not exceed 12 (twelve) months per user. 6.9. The specific term, number of participants, criteria, scope, and other conditions of a free service are determined by MyBakuriani's administration. 6.10. The administration may set different free or discounted terms for different users or listings. 6.11. A free or discounted service does not create a guarantee of receiving a service on the same terms in the future. 6.12. A discount, free placement, or other benefit granted for one object does not automatically extend to a user's other objects, unless otherwise specified by the particular offer. 6.13. Amounts paid to MyBakuriani constitute the fee for the corresponding platform, digital, informational, or advertising service and do not constitute the price of the sale, rental, or other transaction concerning the property referenced in a listing. 6.14. MyBakuriani does not process payments for property, goods, or services between users, except where a specific feature is explicitly designated as MyBakuriani's own payment/settlement service.
7. Posting Listings and the Listing Author's Responsibility
7.1. The listing author is responsible for the accuracy, legality, and timeliness of the information they post, and for respecting the rights of third parties. 7.2. The listing author confirms that they have the right to offer the relevant property, product, or service, or to post the listing. 7.3. Information posted on the Platform must comply with applicable law and these Terms. 7.4. It is prohibited to use phone numbers, external contact links, WhatsApp/Viber/Telegram details, or manipulative pricing information in restricted fields for the purpose of circumventing these Terms. 7.5. The Platform has the right to request from a listing author documents confirming ownership, use, rental, representation, or other relevant authority, including when posting a listing for the rental or sale of real estate. The listing author is obligated to submit the relevant document upon request, in the manner determined by the Platform. 7.6. During the Platform's moderation process, if it is discovered or there is a reasonable suspicion that the information, photo, video, or other material in a listing is false, fake, misleading, outdated, depicts property/an object belonging to someone else, infringes the rights of a third party, or does not correspond to the listing author's authority, the Platform has the right to refuse verification, decline to publish, temporarily suspend, restrict, edit within the bounds of its technical rules, or delete the relevant listing. 7.7. Failure to submit a requested document or information, submission of insufficient or inconsistent documentation, or the inability to confirm information necessary for moderation may serve as grounds for refusing verification, suspending, or deleting a listing. 7.8. Carrying out moderation or verification does not mean that the Platform assumes an obligation to conduct a complete legal review of every listing, photo, piece of information, or document, and does not constitute an absolute guarantee of the listing author, the property, or the offer.
8. Verification and Verified Status
8.1. The Platform may use procedures to verify users, listings, or documents. 8.2. "Verified" status means only that the specific information or document on which the status was granted has been checked. 8.3. Verified status does not constitute a guarantee of a property's legal cleanliness, ownership, absence of encumbrances, physical condition, price, the complete accuracy of information, or the success of a transaction. 8.4. The Platform has the right to request identity, ownership, cadastral, or other relevant documents for verification purposes. 8.5. Documents received for verification will be processed in accordance with MyBakuriani's Privacy Policy.
9. Content and Intellectual Property
9.1. The user retains the rights they hold in photos, videos, texts, and other materials they have lawfully uploaded. 9.2. By uploading content, the user grants MyBakuriani a non-exclusive right to use the relevant material for the purposes of operating the Platform, distributing the listing, marketing, and advertising. 9.3. The user confirms that they have the right to use and post the relevant content on the Platform. 9.4. It is prohibited to post content that infringes a third party's copyright, trademark, privacy, or other rights.
10. Moderation, Removal, and Account Restriction
10.1. MyBakuriani is entitled to suspend, hide, or delete a listing, restrict account functionality, or block an account, if there is a reasonable basis to believe that content or conduct violates the law, these Terms, the rights of a third party, or security rules. 10.2. Where necessary, the Platform is entitled to request an explanation, information, or a document. 10.3. The Platform is entitled to immediately restrict content or an account in order to protect security. 10.4. Refunds are determined by the terms of the relevant service, the Refund Policy, and applicable law.
11. E-Commerce, Orders, Notices, and Response
11.1. Where the conditions provided for by the Georgian Law "On Electronic Commerce" apply to specific functions, MyBakuriani acts with respect to those functions to the legal extent that the relevant service actually satisfies. 11.2. The Platform does not carry out general prior monitoring of all information uploaded by users, but is entitled to carry out moderation, review, and response. 11.3. When purchasing a paid service, the user is provided in advance, to the extent required by law, with the essential terms of the service, including price, term, scope, and the relevant refund conditions. 11.4. If a user requests the immediate commencement of a digital service, they confirm this request in advance during the relevant order/payment process and, where required by law, acknowledge that once the service has been fully performed they may no longer have the statutory 14-day right to withdraw from the contract and obtain a refund. 11.5. A notice concerning unlawful content, infringement of rights, or another legal violation may be sent to: [email protected] 11.6. A notice should preferably include the means to identify the disputed listing, a description of the violation, and the complainant's contact information. 11.7. After receiving a notice, MyBakuriani is entitled to request additional information, temporarily restrict content, or take another appropriate measure.
12. Wallet, Credits, and Payments
12.1. MyBakuriani may offer users the use of the Wallet to purchase paid services. 12.2. The Wallet may be topped up using the payment methods available on the Platform. 12.3. The Wallet is solely an internal balance intended for the use of Platform services and does not constitute a bank account. 12.4. Credits are the Platform's internal conventional units and do not constitute a bank account, deposit, or electronic money, except where otherwise regulated by law. 12.5. Transferring credits to another user or exchanging them for a monetary unit is not permitted unless otherwise provided by the terms of the service or by law. 12.6. The terms of an already-purchased package will not be changed to the user's detriment solely due to the publication of a new rate, except as otherwise provided by law or the terms of the specific service. 12.7. Card payments on the Platform (Wallet top-ups, including a top-up of the missing amount while purchasing a service) are processed by the payment service provider Keepz (keepz.me). The user enters card details on Keepz's secure payment page; MyBakuriani does not receive or store card numbers or other card data. 12.8. The Wallet is credited with the amount actually paid, and only after Keepz confirms the payment. 12.9. A refund of a card payment is made through Keepz to the card used for the payment, and the refunded amount is deducted from the Wallet. Refund terms are set out in Section 13.
13. Refunds and the User's Statutory Rights
13.1. The specific terms of refunds are determined by MyBakuriani's Refund Policy, the terms of the specific service, and applicable law. 13.2. Different services may have different refund rules. 13.3. Before purchasing a service, the user must have the opportunity to review the relevant price, terms, and, where applicable, the refund rules. 13.4. Refunds for a service already fully or partially rendered are determined by the relevant terms and applicable law. 13.5. If a user requests the immediate commencement of a digital service, they confirm this request in advance during the relevant order/payment process and, where required by law, acknowledge that once the service has been fully performed they may no longer have the statutory 14-day right to withdraw from the contract and obtain a refund. 13.6. No provision of these Terms limits any mandatory rights of the user the limitation or exclusion of which is not permitted by applicable law.
14. Tax Matters
14.1. MyBakuriani is not a tax agent for users, except where provided for by law. 14.2. The listing author is solely responsible for declaring the income they receive and fulfilling the corresponding tax obligations. 14.3. Amounts paid to MyBakuriani constitute the fee for the corresponding platform, technological, informational, advertising, or other service and do not constitute the price of the sale, rental, or other transaction concerning the listing author's property. 14.4. MyBakuriani's activity and the services it provides are determined in accordance with its actual activity and applicable law. 14.5. MyBakuriani does not receive the transaction amount for property or services between users, except where explicitly designated as MyBakuriani's own payment/settlement function. 14.6. If the model of payment, booking, receipt of funds, or settlement changes, the corresponding legal, tax, and contractual terms will be updated as necessary.
15. Smart Match, AI, and Automated Features
15.1. The Platform may use algorithms, artificial intelligence, and automated systems for search, recommendations, Smart Match, text generation, analysis, and other functions. 15.2. The output of such systems constitutes only a technological recommendation and does not constitute a guarantee of suitability. 15.3. Before making an important decision, the user should independently verify information that is important to them and, where necessary, contact the listing author directly.
16. Reviews and Ratings
16.1. The Platform may use a review and rating system. 16.2. The Platform is entitled to delete or decline to publish an offensive, unlawful, fake, manipulative review or one that infringes the rights of a third party. 16.3. Organizing fake reviews or artificially manipulating ratings is prohibited and may result in the deletion of the review, restriction of the listing, or blocking of the account.
17. User Complaints and Disputes
17.1. A user may submit a complaint to the Platform at: [email protected] 17.2. The Platform reviews matters relating to its services, an account, listing moderation, technical functioning, or a possible breach of these Terms. 17.3. MyBakuriani is not a party to private legal disputes between users, except where directly provided for by law. 17.4. A dispute between users concerning the terms of a transaction, payment, the condition of a property, or the quality of a service must first be resolved between the relevant parties. 17.5. This does not limit a user's statutory right to apply to the relevant state authority, a court, mediation, or another mechanism permitted by law.
18. Limitation of Liability
18.1. The Platform strives to ensure the continuous and secure operation of its services but does not guarantee that the service will always be uninterrupted, error-free, or continuously available. 18.2. To the extent permitted by law, the Platform is not liable for indirect damages, lost profit, lost business opportunity, damage caused by the actions of a third party, or damage arising from a transaction between users. 18.3. To the extent permitted by law, the liability admissible within a specific paid service is limited to the amount the user actually paid for the specific service that gave rise to the claim. 18.4. The limitation of liability does not apply to cases where it is not permitted by law.
19. Force Majeure and Technical Interruptions
19.1. The Platform is not liable for an interruption caused by circumstances beyond its reasonable control, including interruptions of the internet, hosting, or third-party infrastructure, a cyberattack, a natural disaster, military action, or a state-imposed restriction. 19.2. The Platform is entitled to temporarily restrict a specific function for technical, security, maintenance, or upgrade work.
20. Confidentiality and Personal Data
20.1. The user's personal data is processed in accordance with MyBakuriani's Privacy Policy. 20.2. The user must not post another person's personal data without the corresponding legal basis. 20.3. Requests related to personal data may be sent to: [email protected] 20.4. The purposes of data processing, legal bases, retention periods, and user rights are determined by MyBakuriani's Privacy Policy.
21. Governing Law and Jurisdiction
21.1. These Terms are governed by the law of Georgia. 21.2. In the event a dispute is resolved through the courts, jurisdiction is determined in accordance with the applicable procedural law of Georgia.
22. Amendment of These Terms and Final Provisions
22.1. MyBakuriani is entitled to update or amend these Terms in the event of changes to the operation of the Platform, its services, applicable law, or security requirements. 22.2. An updated version of these Terms will be published on the Platform and, where required by law, the user will be given the corresponding notice. 22.3. Continued use of the Platform after a change to these Terms constitutes acknowledgment of the updated Terms to the extent permitted by law. 22.4. If any provision is found by a court or competent authority to be invalid or unenforceable, this does not invalidate the remaining provisions. 22.5. These Terms must be interpreted together with the Platform's actual operation and the applicable service terms published for the user. 22.6. A specific paid service may have additional terms, which will be made available to the user before the purchase or use of the service. 22.7. If the terms of a specific service conflict with these Terms, the terms of the specific service apply only to the matter they specifically govern, while these Terms apply to all other matters.