This user agreement regulates the relationship between the user (hereinafter the User) on the one hand, and Sodat Group OÜ, reg. nr. 14362847, address Siidisaba 9-33, Tallinn 11311, Estonia (hereinafter Service provider) on the other hand (User and Service provider, hereinafter Parties) in the acv Internet environment https://acv.ee/en.html (hereinafter acv.ee).
By registering and using the acv.ee internet environment, the user confirms that:
- His age at the time of ordering or using the service is at least 16 years old
- He has all admissions and compliance with the criteria for the use of acv.ee, coming from the law
- He is learned this agreement and takes responsibility for its implementation.
- He is learned the additional conditions of acv.ee, agrees and takes responsibility for their implementation
Terms
1. Definitions
1.1. acv.ee is a virtual environment located on the website (including other websites belonging to the acv.ee network), subpages and social media pages owned by Service provider with registration number 14362847.
1.2. User – an individual or legal person registered in the acv.ee Internet environment (including other websites belonging to the acv.ee network).
1.3. Account – a virtual account of an individual or legal person in the acv.ee Internet environment.
1.4. Service – a service provided to the user by Service provider (including a service provided to the user for using the acv.ee Internet environment, which is concluded in creating an account for the user (acv.ee account), for the electronic processing of the user's advertising).
1.5. Price List - a document in which determined the prices (fees) for the services of Service provider.
1.6. Working day - a calendar day (from Monday to Friday from 10:00 to 18:00), which is not a weekend or a public holiday of the Republic of Estonia.
1.7. User Agreement - a document that regulates the relationship between Service provider and the user, and also establishes the legal basis.
1.8. The Terms - integral part of this document.
1.9. Additional terms - integral part of this document: Privacy agreement.
1.10. Legislation - the legislation active in Estonia.
2. Responsibility, rights and obligations of Service provider
2.1. Service provider is not responsible for the advertising and content of information provided by the client and presented through the Internet environment acv.ee, for the quality, availability of contact details and accuracy of presentation.
2.2. Service provider is not responsible for all possible disputes between acv.ee users and customers, including judicial disputes, lawsuits and claims.
2.3. Service provider is not responsible absolutely for any damage that may arise because of use of the services offered or the inability to use them.
2.4. Service provider has the right, without preliminary notice, to delete, change and stop advertising of user services or products in the acv.ee Internet environment in accordance with its needs.
2.5. Service provider has the right to unilaterally change advertising, services and products published in the acv.ee Internet environment, informing users about it in the acv.ee Internet environment.
2.6. Service provider has the right to unilaterally change the conditions that come into active from the moment they are published in the acv.ee Internet environment.
2.7. Service provider has the right to restrict or block user access if users cause damage to the acv.ee environment, create possible legal problems or violate laws, intellectual property rights or other agreements (including committing violations listed in clause 9.1), and demand payment of a contractual penalty or compensation (loss of profits and cost of discontinued operations).
2.8. Service provider has the right to change any information without preliminary notice.
2.9. Service provider has the right not to respond to the user's mails and to ignore the user's requests, statements or requirements that are contradict current terms, additional terms or the law.
2.10. Service provider undertakes to ensure the provision of services in condition that this does not violate the terms of current agreement. Service provider is not obliged to provide services in the acv.ee Internet environment if this damages its reputation with other users, causes economic damage to Service provider, as well as due to force majeure, technical reasons or other circumstances, that cause damage to the interests other users.
3. Responsibilities, rights and obligations of the user
3.1. The user is solely responsible for the transfer of false information about himself in the acv.ee Internet environment.
3.2. The user has the right to register and use only one account in the acv.ee Internet environment.
3.3. The user has the right to purchase services published in the acv.ee Internet environment.
3.4. The user undertakes to behave in the acv.ee Internet environment in accordance with the provisions of current terms and conditions, in accordance with the principles of integrity and the legislation in active in Estonia.
3.5. The user undertakes to be solely responsible for the content of his advertising, the quality of services, the availability and reliability of information
3.6. The user undertakes to use the acv.ee Internet environment in accordance with current terms and conditions.
3.7. The user is obliged to provide only reliable information about himself.
3.8. The user is obliged to immediately notify Service provider of any problems related to the use of the acv.ee internet environment.
3.9. The user is obliged to inform Service provider about circumstances that can prevent from the proper fulfillment of current conditions.
3.10. The User is obliged to provide the audiovisual content of his advertisements, including text, to the non-exclusive property of Service provider; refrain from all actions that can create an excessive load on the infrastructure of the acv.ee Internet environment; refrain from using any automatic programs to collect or get access to information contained in the acv.ee Internet environment.
4. Responsibility of the parties
4.1. The parties bear mutual responsibility for non-fulfillment or improper fulfillment of their obligations under the contract in accordance with these conditions and legislation.
5. Privacy
5.1. The user gives a consent to the processing, use and sending of his personal data by Service provider.
5.2. The user always has the opportunity to refuse from receiving notifications from Service provider.
5.3. Service provider undertakes not to disclose the user's personal data to third parties, except cases, when its required by law.
6. Notifications
6.1. Service provider forwards personal mail to the user, depending on the content of the message, to be sent to a postal address, an e-mail address or through a self-service electronic environment. Such notices considered received by the user after five (5) working days.
7. Resolving disputes
7.1. Service provider and the user are guided by the law.
7.2. Disputes are resolved through negotiations between the parties. If this proves impossible, the dispute will be solved in the Harju County Court.
8. Interpretation
8.1. A term of current Agreement must be interpreted in conjunction with other terms of current Agreement, which means an interpretation that follows logically from the agreement as a whole in terms of semantic content. When interpreting the terms, preference is given to an interpretation that makes the terms of the contract legal or valid. In case of doubt of the understanding of an expression that can have more than one meaning, must be understood in a way that best suits the nature and purpose of this Agreement.
9. Breach of contract
9.1. Breach of contract is:
9.1.1. reproduction and publication of information contained in the Internet environment acv.ee without the consent of Service provider. Such information may only be copied by individuals and for personal use only.;
9.1.2. providing false, inaccurate or misleading information (including personal information and personal data);
9.1.3. transfer of your account to third parties without the preliminary consent of Service provider;
9.1.4. sending spam and sending messages to other users without their consent (including mass mailing);
9.1.5. spreading computer viruses or other technologies that may damage the interests and property of the acv.ee Internet environment or its users;
9.1.6. inciting hatred, use of obscene expressions and propaganda of violence;
9.1.7. registering and using several accounts in the acv.ee Internet environment;
9.1.8. all other actions that cause damage to the reputation of the acv.ee Internet environment with other users, violate the proper functioning of the acv.ee Internet environment (including reducing the security and number of active users), reduce the quality and income of Service provider and violate interests and rights of other users.
9.2. In case of violation of the agreement, the user undertakes to compensate Service provider for lost profits, costs associated with the stoppage of the acv.ee system's work and in proper economic activity, as well as a penalty. The payment of a penalty does not release from the fulfillment of obligations.
9.3. In case of registration and use of several (more than one) accounts in the acv.ee Internet environment, the user undertakes to pay Service provider a penalty for each use of the selection, filtering and for each order of the service created from this additional account.
9.4. Payment of the contractual penalty does not release the user from the obligations set out in current terms and conditions. In case of violation of these conditions, Service provider may demand a penalty regardless of the actual damage and regardless of the apologies received.
10. Other terms
10.1. If any provisions of the terms of this agreement are contrary to law, all other parts of the agreement are valid. In case of a provision that contraries the law, it is replaced by a provision corresponding to the law and as close as possible in meaning and essence to the original.
10.2. The user bears responsibility for violation of current conditions if the user's representative (member of the board or his successor or another person representing him) used the user account in the course of his activities, including an operator, employee or representative of the client bears responsibility for the violation.
10.3. The user is considered notified or warned if his representative is notified or warned
10.4. The obligations set out in current terms and conditions must be fulfilled within the time period specified in the terms and conditions. If such a period is not specified in the conditions, then no later than within 5 (five) business days from the date of submission of the relevant request by the user or Service provider.
10.5. If the acv.ee internet environment did not work due to technical reasons, and as a result the user did not have the opportunity to use the purchased Service provider service wholy or partly, acv.ee provides the user with the opportunity to add unused services or send to addresses or return unused money based on a written application no later than 30 days after the recovery of the acv.ee Internet environment. The application will be considered within 20 working days.
10.6. If the user is sure that the blocking of his account by Service provider is unfair, the user has the right to submit a written application to Service provider with justification. The application will be considered within 20 working days. If Service provider decides in favor of the user, the blocking of his account will be canceled. Service provider has the right not to respond to the application.
10.7. The validity of current Agreement is not affected by the fact that the parties have not agreed on the terms relating to the determination of their rights and obligations, if it can be assumed that the agreement would have been concluded without the confirmation of the parties. In such a case, a condition that is reasonable in the circumstances, taking into account the will of the parties, the nature and purpose of the contract and good faith, shall apply.
11. Price of services and payment for them
11.1. Registration is free. Service provider has the right to change prices for additional services at any time without preliminary notice.
11.2. You can pay for services in several ways. The user is responsible for the correct compliance of payment instructions, and in case of their violation, Service provider does not guarantee receiving of the paid amounts. External payment systems can not always work properly, in which case Service provider is not responsible for any damage resulting from the unavailability of the paid amounts.
11.3. In case of problems with the payment, the user must contact the operator serving him.
11.4. Unused parts of the paid amounts may be returned from the balance within 30 calendar days from the date of payment. The refund will be made in the way the user paid for the services of Service provider.
11.5. In case of violation of the agreement, Service provider has the right not to return the unused parts of the amounts paid by users.
12. Termination of the contract and revision of its terms
12.1. This agreement is terminated automatically with account blocking, however, this does not release from obligations under the agreement.
12.2. Service provider has the right to unilaterally terminate this agreement by blocking the user account. If the user does not fulfill his obligations under the terms of this agreement, a penalty is required or a claim is filed with the Harju County Court.
