Terms and conditions - Autoistorija.lt

Rules of use of AUTOISTORIJA.LT

Editorial 2022 - 12 - 01

General provisions

These rules (hereinafter referred to as the "Rules") set out the procedure for the use of the website www.autoistorija.lt (hereinafter referred to as "Autoistorija.lt" or the "Website") by consumers and entrepreneurs (hereinafter referred to as the "Users"), as well as the Users' rights, obligations, responsibilities and other provisions. The "Privacy Policy" section of the Website is an integral part of these Terms and Conditions.
Autoistorija.lt is managed and administered by UAB "Diginet LTU", registered office 126222639, registered office address Saltoniškių g. 9B-1, LT-08105 Vilnius, registered in the Register of Legal Entities of the Republic of Lithuania, e-mail address: [email protected] , tel. +370 5 207 5061 (hereinafter referred to as the Provider).
Autoistorija.lt Users are provided with the possibility to order and receive a car history report based on the VIN code and/or other identification data of the car (hereinafter referred to as the "Report"). The Report contains events related to the car (e.g., insurance events, mileage history, sales advertisement facts and data contained therein), which are available in various databases used by the Provider.
The Provider does not warrant and is not responsible for the completeness of the Report or for the accuracy of the data contained therein, which the Provider obtains from third parties. The Provider's Report is an opportunity for the User to have access to data obtained by the Provider from various sources, while the User understands and accepts the risk that some of the data may be inaccurate (e.g. incorrect information from the location of the technical inspection). In order to inform the User in good faith and to enable him/her to decide on the completeness of the Report, by indicating the VIN number of the car of interest on the Website, the User shall be provided with a general summary of the content of the forthcoming Report, indicating what information will be contained in the Report, which sources have been checked (not an exhaustive list). The Provider shall be entitled to offer any additional services to Users.
A user of Autohistory.lt is a natural person who wishes to receive a Report for purposes unrelated to his or her trade, business, trade, craft or profession, or who uses Autohistory.lt in any other form for purposes of consumption (hereinafter referred to as the "User"). An entrepreneur who uses Autohistory.lt is a natural or legal person who orders and receives Reports or uses Autohistory.lt in any other form for purposes related to his or her trade, business, craft or profession (hereinafter referred to as the "Entrepreneur").
For the purposes of these Terms and Conditions, the Services include any and all actions by Users that may be performed on the Website, including, but not limited to, ordering Reports, reading posted information, asking questions, submitting, sending and receiving information and/or data of any kind (the "Services").
The majority of the Services provided by Autoistorija.lt are paid (hereinafter referred to as "Paid Services"). Users are additionally informed on the Website about the price of the Services provided, as well as that a particular Service is paid. The Provider is entitled to provide also free services. Therefore, in the following in these Terms and Conditions, reference to "Services" includes all Services, including Paid Services, and reference to "Paid Services" includes only those Services for which the User pays a fee.
Users express their acceptance of the Terms and Conditions and their commitment to comply with them, among other things, by using Autoistorija.lt. Users who do not agree with any of the terms of the Terms and Conditions shall not be entitled to use Autoistorija.lt.
If any provision of these Terms and Conditions is contrary to law or for any reason becomes partially or wholly invalid, it shall not invalidate the remaining provisions of these Terms and Conditions.
The website can be accessed using a web browser. The website supports the current versions of the prevailing web browsers and operating systems.

Service changes, availability

The User agrees that the Provider may at any time further develop the Website and the range of Services offered in order to ensure the proper provision of the Services or for other related reasons (for example, in the event of changes in technical requirements or security aspects), as well as to ensure the quality of the Services provided and to adapt to the User's needs. Therefore, the Provider may unilaterally modify the Services provided by Autoistorija.lt and/or their charging, in which case the User will not be able to continue to use the unchanged Services after the changes have come into force.
The Provider does not warrant or guarantee that the Website will be uninterrupted or continuously available to Users. The Provider may restrict or discontinue the provision of the Services on the Website for an indefinite period of time due to preventive maintenance or for any other reason.
Given the nature of the Paid Services - which are instant, one-off, and not of a continuing nature - no additional costs will be incurred by Users as a result of any changes to the Services or the inactivity of the Site. The ordering of a report or other Service and its payment is subject to the then applicable Terms and Conditions and the characteristics of the Service, which the User shall consult and decide on each time he/she decides not to order a particular Service. Therefore, the User expressly agrees that having ordered and received a Report or other Service at the relevant time, he/she cannot expect to be able to obtain a similar Service on the Website under the same conditions after a certain period of time (the scope of the Service may have changed, e.g., completeness of the Report may have changed, the prices may have changed, the Rules may have changed etc.).

Changes to the Rules

The Provider reserves the right to amend, modify or supplement these Terms and Conditions at any time at its discretion.
The ordered Services shall be provided to Users in the order and within the terms and conditions as set out in the Terms and Conditions in force at the time of ordering and performance of the Service.
The Terms and Conditions are made available to the User when using the Website.
In addition, the information required by law shall be made available to Users on a durable medium in accordance with the procedure and to the extent required by law.

Use of the Website

In using the website, the User is prohibited from:
modify or otherwise deface the design or programming code of the Site;
attempt to gain unauthorised access to the Site or Services by any means;
use the Website in any way that infringes or may infringe the rights of others;
use any program or software that could interfere with the operation of the Site;
upload files to the Website system that are damaged, corrupted or affected by computer viruses;
take any action that may disrupt the operation of the Site or related infrastructure;
use the Website in violation of applicable law;
disseminate the information contained in the Reports, whether or not for remuneration, without the prior consent of the Provider.
If the User violates the provisions of Section 4.1 of the Terms and Conditions, the Provider shall have the right at any time to deny the User the use of the Services, to refuse to provide the Services, to block access to the Website. The Provider shall also be entitled to compensation for damages caused by such actions in accordance with the procedure set out in the applicable legislation and these Terms and Conditions

Paid services

The Provider may be paid for the Paid Services by bank transfer, credit card or any other lawful means chosen and technically feasible by the Provider. The Paid Services may be provided only after the User has paid for them in accordance with the procedure established by Autoistorija.lt. The User shall be deemed to have paid for the Paid Service when the Provider actually receives the User's payment.
For a fee, users may perform the following actions on the Website:
Generate and receive Reports;
to order and receive additional Paid Services (if any), the terms of which are/will be acceptable to the User and for which the User agrees to pay the price calculated and provided to the User in advance.
The price of paid services is indicated on the Website and clearly disclosed before the User makes a decision and orders the Service. The User must read and accept these Terms before ordering the Services.Payment for paid services can be made using Swedbank, SEB, Luminor, Citadele and Šiaulių bankas e-banking services, Visa and MasterCard payment cards. Payments can be made in euro. Payments are processed using the MakeCommerce.lt payment platform.

User rights in relation to non-provision or inadequate quality of Paid Services

The User shall have the right to claim that the Provider commences the provision of the Paid Services if the Provider fails to comply with its obligation to commence the provision of the Paid Services purchased by the User promptly after the conclusion of the Contract and the payment of the Paid Services, unless otherwise agreed by the parties. If the Provider fails to provide the Paid Services immediately or within an additional period of time expressly agreed between the parties following such a request, the User shall be entitled to unilaterally terminate the Paid Services Agreement.
In the event of inadequate quality of the Paid Services, the User shall have the right to demand the rectification of the defects in the Paid Services, a reduction in the price, or unilateral termination of the contract.
The User shall be entitled to have the defects in the Paid Service rectified, unless this is not possible or would result in disproportionate costs to the Provider taking into account all the circumstances, including:
1. The value of the paid service if there were no deficiencies;
2. the significance of the deficiencies.
The User is entitled to a reduction in the price of the Paid Service or to unilateral termination of the contract in any of the following cases:
1. it is not possible for the Provider to remedy the deficiencies in the Paid Service, or the Provider would incur disproportionate costs taking into account all the circumstances;
2. The Provider has failed to remedy the deficiencies in the Paid Service within a reasonable period of time, free of charge and without significant inconvenience to the User, taking into account the nature of the Paid Service which made it necessary for the User;
3. The deficiencies in the Paid Service occurred after the Provider had attempted to ensure that the Paid Service was of adequate quality;
4. The flaw is fundamental;
5. The Provider has stated or it has become apparent from the circumstances that it will not remedy the deficiencies in the Paid Service within a reasonable period of time, or that it will cause significant inconvenience to the User.
Without prejudice to and in addition to Article 5.4 of the Rules, the User shall only have the right to terminate the Contract if the deficiency of the Paid Service is material.
The User shall exercise his right to terminate the Contract by submitting to the Provider a statement expressing his decision to terminate the Contract for the provision of the Paid Services on the grounds of inadequate quality. Upon termination of the contract, the Provider shall refund to the User, within 14 days at the latest, all amounts paid by the User for the Paid Services of inadequate quality, by the same method of payment used by the User to pay for the Paid Services.

Consumer's right of withdrawal

The User confirms that he/she agrees that once the order has been placed, the Services ordered shall be deemed to have commenced and cannot be cancelled, and therefore the User agrees that he/she shall not be subject to the 14-day cancellation right of the distance contract. Therefore, the User must assess the need for the Services before ordering them.

Warranty

The Provider reminds the User of the applicable legal guarantee of the quality of digital content and digital services.

Limitation of liability

The User understands and agrees that the Website and/or the Services operate on a service-as-is basis and are therefore provided without any representation or warranty on the part of the Provider that the Website will operate and the Services will be provided in a proper and timely manner, without interruption, of good quality, to the fullest extent possible, or that it will not result in any adverse consequences for the User or any third party. Autoistorija.lt is not and will not be liable for any illegality, inconsistency, inaccuracy or incorrectness of the information contained in the Sites and for any adverse consequences arising therefrom for the User or third parties.
The use of Autohistory.lt shall be deemed to be impeccable if the Website or its database is fully accessible at least 90% of the time during the year.
The User understands and agrees that the Provider is not and will not be liable for any failure to provide or timely provision of the Services to the User due to the fault of any third party, including, but not limited to, internet service providers, mobile phone service providers, email service providers or others.
The civil liability arising from the use of the Website and/or the provision of the Services shall be limited exclusively to the compensation of direct damages.
The civil liability of the provider can only arise if there is fault.
The total civil liability to the User arising out of or in connection with the provision of the Service shall not exceed the amount (subject to a limitation) paid by the User for that particular Service.

Use of data

During the registration process or subsequently when using Autoistorija.lt, personal and other data (hereinafter referred to as "Data") provided by the User or collected by the Provider in other ways (hereinafter referred to as "Data") shall be processed, i.e., collected, used, stored and transferred by the Provider, only in a lawful, transparent and fair manner, for the purposes set out beforehand, and only to the extent necessary to achieve the purposes of proper performance of the activity. The Provider shall process the User Data in accordance with the procedures set out in these Terms and Conditions, as well as in the Autoistorija.lt " Privacy Policy ".
The data is processed in order to provide the Services to Users in an appropriate manner (to generate Reports, to provide information on the sale of relevant products, to order a particular Service, etc.). The User's Data is also processed for the purpose of registering and administering the User's database in the Website system and for the purpose of direct marketing and promotional campaigns (direct marketing games, quizzes, competitions). The Provider collects and stores the Data electronically, and the User can view all the Data he has provided by logging into his account. If necessary, the Provider shall provide extracts of the Data provided by the User upon request. Such a request may be made by email to [email protected]
The Provider warrants that the Data will not be sold, provided or otherwise transferred to third parties without lawful basis, nor used for purposes other than those for which it was collected. The Provider shall not transfer the Data in any way other than in accordance with the Privacy Policy or applicable law.

Intellectual property rights

The Provider is the owner of all rights to the content and database of Autoistorija.lt and has the exclusive right to use them. All trademarks, service marks, designs, names, logos, etc. appearing on Autohistory.lt are the property of the Provider or the Provider has the right to use them.
Any processing, copying and (or) other use of Autoistorija.lt content, database, design by third parties without the Provider's written permission and (or) without complying with the Terms and Conditions, is an infringement of copyright and other rights, prohibited and/or punishable under the laws of the Republic of Lithuania.

Applicable law and dispute resolution

Autoistorija.lt activities are carried out in accordance with the legislation of the Republic of Lithuania. Any disputes arising out of or in connection with the activities of Autoistorija.lt shall be settled by negotiation, or, in the event of failure to reach an agreement, by the competent court of the Republic of Lithuania in accordance with the territorial jurisdiction determined by the Provider's place of business.
Under Article 6(2) of the Rome I Regulation, the Consumer may also benefit from the protection of mandatory provisions of law (subject to the conditions set out in the Regulation) which would apply in the absence of an agreement on the applicable law in paragraph 12.1 of the Conditions.
The User must first submit a request and/or complaint about Autoistorija.lt's activities and Services to the Provider in writing, stating his/her requirements. Such letters should be sent by e-mail to [email protected]. In case of disagreement with the Provider's response, the User may apply to the State Consumer Rights Protection Service, address Vilniaus g. 25, LT-01402 Vilnius, by e-mail to [email protected] (website www.vvtat.lt ) or by filling out the application form on the European Union's Electronic Consumer Dispute Resolution Platform, at http://ec.europa.eu/odr/.

Information security measures

The Provider shall process the Data in such a way as to ensure, by appropriate technical or organisational measures, adequate security of the Data, including protection against unauthorised or unlawful processing of the Data, and against loss, destruction or damage to the Data due to carelessness.
The Provider reminds that the User is solely responsible for the confidentiality of the login or other data at the User's disposal. The Provider asks you to be careful when using and storing your login data. The User should log out of the browser after finishing his/her work in order to make sure that no one has access to the User's e-mail or personal information, especially when the User is using a publicly accessible computer (e.g. in an Internet café, library).

Final provisions

The Terms and Conditions shall apply from the moment the User accepts them and shall be valid for the entire duration of the relationship between the User and the Provider.
All communications from the Provider to Users shall be made through the Website or to the email address specified in the User's registration or otherwise, unless otherwise expressly stated or provided. All notices given in accordance with these Terms by the aforementioned means of electronic communication shall be deemed to have been duly given on the date of delivery.