1. General Provisions
1.1. This document is an agreement between UAB Horizontal media (hereinafter referred to as – Supplier) and you (hereinafter referred to as – User) on using website Autogidas.lt.
1.2. Autogidas.lt is processed and administered by UAB Horizontal media, company‘s code 306083326, registered address Ozo st. 12A-1, Vilnius, VAT payer‘s code LT100014992210, registered in the Register of Legal Entities of the Republic of Lithuania.
1.4. The User's use of the Website includes, but is not limited to, any actions of the User: posting and viewing ads, reading and listening to any information, writing questions, reviews and comments, creating topics in forums, commenting on topics already created, writing instant messages, providing, sending and receiving any kind of information and / or data (hereinafter – the Services). User of the Website is a person who posted or wishes to view the Ad or in any other way uses the Services of the Website (hereinafter - the User).
1.9. Content in this Agreement means the Ad as well as any information, including, but not limited to, data, databases, symbols, text, photographs, pictures, videos, files, documents, comments, messages provided, received, stored, sent, accepted or transferred by the User through the Website (hereinafter - the Content).
1.10. The User understands and agrees that the Supplier has no control over the Content of other Users of the Website or third parties, that the User may obtain, read or otherwise become aware of through the Website, wherefore the Supplier shall not be liable for such Content.
1.11. The Supplier shall not participate (whether as an intermediary, authorized person, representative, agent or otherwise) in any sales or other transactions between Users, related to the sale of goods and/or services presented on the Website.
1.12. If any provision of these Terms is inconsistent with the laws or for any reason becomes wholly or partially invalid, it shall not invalidate the remaining provisions of the Terms.
1.13. The User acknowledges and agrees that he/she is solely responsible for all the Content he/she provides, sends or otherwise transfers through the Website.
1.14. The Supplier shall be entitled to unilaterally change the services provided by Autogidas.lt, the pricing, thereof as well as any provisions of the Terms. Amendments to the Terms shall be communicated by email and / or via a notice on the Website. The updated version of the Terms is available at any time on the Website.
1.15. Services ordered prior to the amending the Website Terms shall be provided in accordance with the terms and conditions set forth in the then applicable Terms.
1.16. All notices and information between the User and the Supplier will be sent electronically to the emails specified in these Terms or on the Website, unless otherwise specified in these Terms.
2. Intellectual Property Rights
2.1. The Supplier owns all rights to the content of the Website, including authors’ rights, intellectual property rights, trade names, trade secrets, and has the exclusive right to use them. All trademarks, designs, names, logos, etc. of the product or service appearing on the Website are the property of the Supplier or the Supplier is legally using the respective third party rights other than trademarks uploaded by the Website Users.
2.2. Any processing, copying and / or other use of Autogidas.lt content or design by third persons without the written permission of the Supplier and / or in violation of the Terms constitutes infringement of authors‘ and other rights, which is punishable under the laws of the Republic of Lithuania. This restriction does not apply to Users in respect of their Ads.
2.3. By using the Website and uploading or otherwise sending the Content, the User grants the Supplier, for an indefinite period of time and free of charge, all proprietary rights necessary for the Supplier to exercise his rights and obligations under these Terms. The Supplier has the right to create, using the Content provided by the User, derivative works.
2.4. Each time when submitting the Content, the User confirms and warrants to the Supplier that he has all the rights, permissions, consents, licenses to operate the Content, use the trademarks and copyrights in the Content and make the Content publicly available. Neither the Supplier nor any other third party shall be obligated to pay the User any royalty or other remuneration for the use of such Content through the Advertisements and / or other User-submitted Content.
2.5. By using the Website, the User confirms that he / she is a legally capable natural person and / or a legal representative of the legal entity and / or other third parties on whose behalf he / she has full authority and right to execute the transactions offered on the Website.
3. User‘s Rights and Obligations.
The User shall be obliged:
3.1. when using the Website, to observe and not violate the recognized standards of conduct and morals, legal requirements as well as rights and legitimate interests of third parties, including intellectual property law, personal data protection, advertising regulation and other;
3.2. not to use the Website in a manner that may endanger the proper functioning of the Services provided by the Supplier, the security of the Autogidas.lt server, data or restrict the ability of Autogidas.lt to properly provide any services to other persons;
3.3. not to use malicious software or other unwanted Content or send e-mails or other electronic messages with the purpose to influence or understanding that it would affect the operation of the software/hardware owned by computer networks owners;
3.4. not to post any links to any Content that may be considered to be in violation of the applicable law or third party rights;
3.5. not to use the Website for committing actions that could harm any individual’s rights, their property or legitimate interests.
3.6. not to restrict other persons’ access to any of the services provided by the Supplier.
3.7. It is prohibited to use the Website for any unlawful purposes, including, but not limited to: submitting, posting, sending and / or storing on the Autogidas.lt website any content that is offensive, threatening, defamatory, discriminatory, pornographic, inciting national, ethnic, religious hatred, violating any person‘s right to image, name, privacy (addresses, personal identification number, etc.), honour and dignity, business reputation or other rights and freedoms.
3.8. not to use the Website to commit unlawful acts or transactions or for fraud.
3.9. not to offer goods or services which trade is inconsistent with the law or moral and ethical standards (e.g. radar detectors, vehicle documents and technical passports).
3.10. not to publish information that references third parties or the goods or services of those third parties directly or indirectly competing with Autogidas.lt, as well as references to such persons or products.
3.11. not to collect, publish or disseminate Website User data or data about the goods or services offered or searched.
3.12. to provide correct and complete information about himself / herself, including his / her real name, phone, email address and other relevant information.
3.13. to provide correct, comprehensive and complete information about the goods and / or services offered.
3.14. to protect the User's login data (if provided to the User) in such a way that it is not disclosed to any third parties other than those authorized by the User to represent the User for the purpose of using the Website.
3.15. to immediately notify the Supplier by e-mail if the User's login data and / or password required to access the Website have been lost or become known to third parties.
3.16. The User understands that the User may be required to pay, at his / her own expense, any fees related to the use of the Website Services (such as VAT, personal income tax, etc.).
3.17. The User understands and agrees that if the User's login data become known to third parties, such third parties may enter into obligations that would be binding on the User, who would be obliged to assume and properly perform respective obligations. The Supplier shall have no obligation to verify the identity of any Users.
3.18. The User understands and agrees that the Supplier shall process and manage the User's personal data in accordance with the legal acts of the Republic of Lithuania.
3.19. The User understands and agrees that User-uploaded Ads may appear not only on the Website but also on another Supplier-administered ads website - sutarta.lt, for the purpose of wider dissemination of the User Ads. In this case, the User's personal data controller shall not change (both websites are administered by UAB Horizontal media) and all the data protection conditions provided for on this Website shall also apply to the sutarta.lt ads website. The User also understands and agrees that the Ads uploaded by him / her shall appear, without contact details, in the advertising sources of the Supplier's partners (third parties).
3.20. Users who place ads on the Autogidas.lt website on the basis of concluded agreements (natural and legal persons - business entities) understand and agree that their ads (content and contact details) may be transferred to the ad websites of the Supplier's partners (third parties). The procedure for such transfer shall be specified in the contracts or orders concluded.
3.21. Consumers under the age of 16 confirm that they have obtained the consent of legal representatives (e.g. parents, legal guardians) to offer good or service, enter into transactions and perform the obligations arising therefrom before offering the good or service. Such Users are fully aware of the provisions of the Terms and understand that the use of the Website may create a legal obligation to purchase or sell the good or provide services.
4. Requirements to the Content of Ads and Other Ad-Placing Conditions
4.1. By placing the Ad, the User assumes full responsibility for the compliance of the content thereof with these Terms and the legal acts of the Republic of Lithuania. By submitting data in the ad, the User confirms and warrants that the information provided is true, accurate and complete; the information provided must properly describe the goods or services offered.
4.2. The Ad must be placed only in the dedicated category of website Autogidas.lt (for example, the ad about the wish to buy a passenger car cannot be placed in the category of passenger cars for sale).
4.3. Users in their Ads, 12 hours after they are placed, may not edit the main information of the Ad. Depending on the category of the Ad, this information may include: vehicle make, model and other information.
4.4. Only 1 (one) Ad of the same object can be placed and displayed in the same Ad Category.
4.5. Advertisement must be deleted by User as soon as the vehicle on offer has been sold or object of the Ad is no longer available for other reasons. A new ad must be created to sell another item of the same make and model. Placing a new object on the basis of an old ad is prohibited.
4.6. Photographs must depict the object of the offer. It is forbidden to place any graphic images / letters / digits / persons (e.g. logos, handwritten notes, telephone numbers, surnames) or a combination of photographs with graphic images / letters / digits in place of the photographs of the object offered. The restrictions shall not apply to the "Services" category. The Supplier reserves the right to edit the photos by rotating or changing the order of the photos as well as to delete photos that do not represent the object of the Ad or depict individuals or to modify graphic images.
4.7. In case of suspicion of unlawful conduct of the User, the Ads placed by the User may be blocked.
4.8. The User shall not:
4.8.1. offer, in the ad (comments, photos), any objects or services other than those specified in the main information of the Ad, provide false information about the properties of the object being published;
4.8.2. specify, in the ad‘s comments, a price other than specified in the main information or a price that is inconsistent with the fair market value.
4.8.3. It is forbidden to offer, in the ad, an object which has been already sold or which the User has no right to dispose of. The User who posted the ad must actually have the object he / she offered.
4.8.4. It is forbidden to offer, in the ad, car registration certificates and / or cards offered separately from the vehicles for which they are issued.
5. Effects of Breaching the Terms
5.1. When placing the Ad, the User must follow the instructions for placing Ads on the Website and these Terms. Depending on the nature of the breach, the Supplier has the right to edit and block the visibility of the Ads that do not comply with the Terms or the legislation of the Republic of Lithuania to all Users.
5.2. Users shall be informed about the sanctions imposed for breaching the Terms according to the contacts specified in the ad. The right of the Supplier referred to in this clause shall not relieve the User of the responsibility for the inveracity of the information provided and its conformity with the legislation. In the event of a breach of the Terms, any services ordered shall be cancelled and no refund shall be given.
5.3. Without separate notice, the Supplier may edit the Ad, if the entry in the Ad is different from the image seen on the photographs: the following information may be edited in the Ad: body type, steering wheel position - left / right; the state of the vehicle may be changed to (from) beaten up / without defects.
5.4. Ads placed in a wrong category shall be either blocked or moved to the appropriate category.
5.5. The Supplier reserves the right to terminate or limit the User's access to the Website, use of the Website Services at any time and without prior notice, and to remove Ads or any other Content from the Website at the Supplier's sole discretion should the User fail to perform or perform improperly the obligations assumed hereunder, breach the applicable law or act in breach of good moral principles.
6. Supplier‘s Rights and Obligations
6.1. The Supplier shall have the full right to change, at any time without notice to the User, the Website, its functions, services, the Website‘s name and / or the Internet Domain through which the Website is accessed. The User understands and agrees that the Supplier shall not be held liable for any negative consequences to the User caused by such and other similar actions.
6.2. The Supplier shall be entitled to terminate the Website‘s activity at any time without prior notice.
6.3. To use the services of third parties to perform any actions in connection with these Terms, and to assign to third parties the rights and obligations arising out of or in connection with these Terms without separate notice to the User.
6.4. The Supplier shall have the right to cancel the User Account without notice if it has not been logged in for more than 2 (two) years.
6.5. The Supplier shall have the right at any time to monitor the User's actions on the Website, including the User's Ads and / or messages and comments. The Supplier shall have the right to investigate any violation of the Terms by using lawful means.
6.6. The Supplier reserves the right to terminate or limit the User's access to the Website at any time without prior notice if:
6.6.1. in the Supplier's opinion, this is required by the technical maintenance and / or upgrading of the Website;
6.6.2. this is required by the competent authorities or is provided for in the laws and regulations of the Republic of Lithuania;
6.6.3. this is necessary to protect the rights and legitimate interests of the Supplier or third parties;
6.6.4. the Supplier suspects that the User has or may have endangered the security of other users of the Website through the use of the Services;
6.6.5. the User, when using the Website, damages the Website or the reputation of the Website;
6.6.6. in other cases specified in the Terms.
7. Services on a Fee-Paying Basis
7.1. The paid services, the prices of the services and the procedure for using them are specified on the Website in the order environment for the particular paid service.
7.2. The User understands and agrees that the paid services may only be provided after the User pays the Supplier for the paid services in accordance with the procedure specified on the Autogidas.lt website. The Supplier shall have the right to unilaterally change the prices of the services and the payment procedure at any time.
7.3. Upon restriction or suspension of the User's access to the paid services or failure of the User to receive paid services for reasons other than violation of these Terms by the User, the Supplier shall, upon the User's request, extend the provision of paid services to the User for the period during which the paid services were not provided or provide free services similar to the unpaid paid services.
7.4. 1 hour after the order, additional services ordered cannot be cancelled and no refund shall be given.
7.5. Payment for Ads that have been cancelled and / or removed due to a User's violation of these Terms shall not be refunded.
7.6. The Supplier shall have the right to limit or terminate the provision of services for an unlimited period during the preventive maintenance.
7.7. The Supplier shall be entitled to payment for the services provided at the prices stated on the Website. To this end, the Supplier, upon the User's request, shall provide the User with an invoice.
8. Exemption Clauses
8.1. The Supplier shall be responsible only for the technical placement, on the Autogidas.lt website, of the information provided in the Ad, if the Ad complies with all the requirements of the Terms, and for the technical maintenance of the database of this website.
8.2. The Supplier shall not be liable for the inveracity of the information contained in the Ad and the content thereof. The Supplier shall not be liable for the damage caused to the User or third parties due to the content of the Ad and / or their placement on Autogidas.lt.
8.3. The Supplier shall not be liable for the quality of the items and / or services sold or purchased through the Website.
8.4. The Supplier shall not be liable for any damage and / or loss that the User may suffer through the use of the Website, posting, sending and any other transferring of any information, including comments and / or messages.
8.5. The User undertakes to ensure that the Supplier never incurs any legal liability, obligation to pay, compensate or otherwise indemnify for any loss, damage or other expenses arising from the User's use of the Website.
8.6. The Supplier shall not be liable for any loss or damage suffered by the User or any third party as a result of malfunctions of the Website not attributable to the Supplier.
8.7. The Supplier shall not be liable for the unlawfulness, inconsistency, inaccuracy or misrepresentation of the information contained on the Website (except the information provided by the Supplier himself) and the resulting negative consequences for the User.
8.8. The Supplier shall not be liable for the non-delivery or late delivery of services to the User through the fault of third parties, including, but not limited to, Internet, mobile providers, e-mail service providers. If the User is unable to use the paid services due to the fault of third parties, the fee for the paid services shall not be refunded to the User.
8.9. The User shall be liable for the proper use and storage of the login details and the edit code. The Supplier shall not be liable for any damage that the User may suffer as a result of the use of this information by third parties.
9. Applicable Law
9.1. In addition to these Terms, the relationship between the User and the Website shall be governed by the provisions of the legal acts of the Republic of Lithuania, special terms and conditions and established good business practices.
9.2. The Website‘s activity is carried out in accordance with the laws of the Republic of Lithuania. Any disputes arising out of or in connection with the operation of the Website shall be resolved by way of negotiations. Where the parties fail to come up to an agreement by way of negotiations, the dispute shall be subject to the courts in accordance with the laws of the Republic of Lithuania.
9.3. The User must first submit a request and / or complaint to the Supplier regarding the activities and services of the Website in writing with the specified requirements. Please send your requests and / or complaints to: [email protected]. If the consumer does not agree with the Supplier's reply, he may contact the State Consumer Rights Protection Agency.
9.4. The Terms shall come into effect when the User confirms that he agrees to them and shall remain in effect for the entire duration of the relationship between the User and the Supplier.