Terms of Service

RULES FOR USING ADVERTISEMENT WEBSITE

PART I. GENERAL PROVISIONS

Version: 10.01.2017

The present Rules (hereinafter referred to as the Rules) establish the conditions and procedures for the use of the advertisement website (hereinafter referred to as the Site).

By adding an advertisement and/or viewing advertisements on the Site you automatically and unconditionally agree with the present Rules and undertake to follow and to enforce them.

Provided that the provisions of the present Rules are fully or partly unacceptable or incomprehensible, or unclear to you, you shall have no right to place advertisements on the Site. Provided that you have doubts concerning the provisions of the present Rules, please contact a lawyer before using the Site.

  1. Terms Used in the Rules.
    1. The terms listed below that are used in the present agreement shall have the following meaning:
      1. We – private limited liability company UAB "VIRTUALIOS VALIUTOS" incorporated in accordance with the Law of the Republic of Lithuania, legal entity code 303423510, head office address Ukmergės g. 315B, LT-06306 Vilnius Republic of Lithuania, e-mail [email protected];
      2. Object – a vehicle specified in the Advertisement in order to find a purchaser to it;
      3. Account – a web link created on your behalf through which you can connect to the Site, to identify yourself and to perform respective actions on the Site;
      4. Site – a website owned, administered, maintained and developed by us dyler.com (including all its subdomains), intended to place vehicle advertisements and make them public;
      5. Advertisement – a text containing links and photographs or photographs only intended to make information on a particular vehicle sold public;
      6. Rules – the present Rules as well as any annexes and supplements to them.
    2. Terms used in the singular in the present Rules may refer to plural and vice versa where required by the context.
  2. Use of the Site.
    1. The Site is intended to place and to view Advertisements as well as to make them public. On the other hand, the Site is a mere virtual platform for the Advertisements to be placed and viewed and it is not a means for making and/or conducting any transactions related with the Objects of the Advertisements. We in no case act as a mediator, a representative of any party of the transactions concerning the Objects of the Advertisements, or a commissioner. Any transactions related with the Objects of the Advertisements shall be made with no participation from our side.
    2. The Advertisements placed on the Site (except the ones transferred to the archive) become freely available online for any person.
    3. Having fulfilled the following conditions you may place Advertisements on the Site independently as well as to correct and remove them and to use other functions of the Site.
  3. Legal Value of Actions Performed on the Site.
    1. By using the Site you agree and acknowledge that, in legal relationships between you and us, all and any actions performed on the Site by using your Account that are related with the placement of Advertisements on the Site as well as other functions of the Site approved by the procedures laid down in the present Rules and on the Site shall be effective and causing legal consequences the same as actions (transactions) formalised by a paper document signed by you or, provided that you act on behalf of a legal entity, it shall also be confirmed by the official stamp of the said entity.
  4. Assumptions on Placing Advertisements on the Site.
    1. In order for you to be able to place, to correct an Advertisement on the Site as well as to remove it, you have to create your Account. Creating (bearing) the Account may also be necessary in order to use some other functions of the Site.
  5. Creating an Account on the Site.
    1. Your Account will be created automatically on the basis of the procedures laid down on the Site upon the submission of your email address and the creation of a password that will be used for your identification as you connect to the Site through your Account.
    2. The email address specified by you for you identification will be valid for the whole validity period of your Account and will not be changed. You will be able to change the password intended for your identification by performing respective actions specified on the Site at any time.
    3. You shall ensure the confidentiality of your Account as well as Site login data. We shall assume no liability for your failure to initiate actions on the Site as well as any consequences of such actions provided that the said actions are performed and approved by connecting to the Site and by using your email address as well as your password. All risks concerning the actions specified in the present item shall be exclusively borne by you.
    4. The actions and procedures of creating and registering the Account as well as connecting to the Site are presented in detail on the Site.
  6. Requirements for Advertisements and their Content.
    1. Every person placing an Advertisement on the Site shall be held liable for the content of the Advertisement.
    2. In placing an Advertisement on the Site you shall be responsible for ensuring that:
      1. all information contained in the Advertisement is genuine, fair and not misleading during the whole Advertisement period on the Site;
      2. the content and placement of the Advertisement are in conformity with laws, the present Rules and moral principles and they do not infringe the rights and legitimate interests of any third parties (including, but not limited to, the intellectual property rights);
      3. the price of the Object specified in the Advertisement includes all taxes;
      4. the Advertisement corresponds to the category of the Site section in which it is placed.
    3. The Site may also contain other requirements to the Advertisements. In this case, you are responsible for ensuring the compliance of the Advertisements with such requirements specified on the Site.
    4. A standard Advertisement form is provided on the Site in order to prepare Advertisements.
    5. One Advertisement shall contain information on one Object only.
    6. Only one Advertisement of the same Object shall be placed on the Site at a time.
    7. The Advertisement shall only contain the photographs of the Object concerned on the Site; no persons shall be visible in the photographs.
    8. Once the Advertisement becomes irrelevant (due to the sale of the Object specified in the Advertisement or other reasons), you shall remove the respective Advertisement from the Site without undue delay no later than the same day.
  7. Payments.
    1. The placement of Advertisements on the Site is paid.
    2. Fees for the placement of Advertisements on the Site are presented in the respective section of the Site.
    3. You shall pay for the whole Advertisement period on the Site in advance before the Advertisement is placed. The fees valid at the moment of placing the Advertisement on the Site shall be paid.
    4. We shall reserve the right to change fees for using the Site at any time or, in some cases, to exempt the placement of Advertisements on the Site for a certain period as well as to tax separate functions of the Site. We shall undertake to inform about the changes specified in the present item by providing respective information on the Site.
    5. The change of fees (the introduction of new fees) shall not be considered a basis for reviewing and/or recalculating the amount paid regardless of the fact that the period of a particular Advertisement paid has not yet expired.
  8. Site Development and Change.
    1. We shall reserve the right to develop, improve or otherwise change the Site or other programs related with the operation of the Site and services provided therein, the functions and functionality of the Site, including, but not limited to, the number of functions (both increase and reduce it), their scope (both increase and reduce it), the procedures of using the functions, the scope of data necessary for your identification, the identification procedures etc. at any time at our own discretion. We will report on the changes specified in the present item on the Site at our own discretion, if necessary and possible. We shall assume no liability for any losses and inconveniences that you or any third party may incur due to the implementation of our right specified in the present item, or we shall be released from such liability.
  9. Service Limitations and Termination.
    1. We shall reserve the right to limit or terminate the provision of services to you specified in the present Rules at any time with no early warning or to terminate the provision of services to you specified in the present Rules as well as to block or terminate your Account, to remove or transfer your Advertisement(s) to the archive provided that you fail to fulfil your respective obligations specified in the present Rules and/or the Site, or fail to fulfil them properly, or otherwise infringe the provisions of the Rules, or in case the provision of a respective service to you may threaten the safety of the Site, or at the direction or on a proposal by competent public authorities, or in case such limitations become necessary pursuant to legal acts, or upon our suspicion that you are using the Site for illegal activities, or in case your use of the Site may, in our opinion, damage our reputation or other legitimate users of the Site. In case we limit or terminate the possibility for you to use the Site upon our suspicion of illegal activities, you shall be responsible for proving the absence of this circumstance to us.
    2. The Site may also contain other cases of limitation of its use as well as the cases and conditions of their application.
  10. Information Storage.
    1. We shall undertake to store your Account information for the whole period of validity of the Account and for the next 6 months after its expiry on durable storage medium selected at our discretion.
    2. Although we shall undertake to store your above-mentioned personal data by putting reasonable efforts for this purpose on the basis of normal practices applied in such cases, we shall not undertake to ensure full data security. We shall only assume liability for any negative consequences which you incur in relation with the failure to store data on the Site provided that our fault is determined in this regard.
  11. Legal Protection of Personal Data.
    1. Provided that you are a natural person, the personal data which you submitted to us shall be handled pursuant to the Law on Legal Protection of Personal Data of the Republic of Lithuania. The scope of your personal data specified in the present Rules and/or on the Site is necessary in order to create your Account and to make it possible to use it and to manage a potential debt provided that the use of the Site is a basis for your monetary obligation to us pursuant to the present Rules.
    2. You shall have the right to request for changing and/or destroying your personal data available to us pursuant to the Law on Legal Protection of Personal Data of the Republic of Lithuania provided that it becomes unreasonable to process them.
    3. Please note that by using links to other sites integrated on the Site you will also transmit data on your visit on our Site to the administrator of a respective site. As we do not control such sites, we may assume no liability for the processing of your data therein.
  12. Intellectual Property Rights.
    1. We shall reserve all exclusive intellectual property rights of the Site. By allowing you to use the Site on the basis of the procedures laid down in the present Rules, we do not transfer or grant any intellectual property rights of the Site (either totally or for discrete sections) to you. Please note that any use of objects present on the Site that constitute out intellectual property (including, but not limited to, copyrights) without our permission is illegal and may result in respective legal liability, except where the use without the permission of the holder of intellectual property rights is allowed in accordance with the law. Upon our permission to use some material of the Site on other sites or otherwise disseminate it, the Site as a source of such information shall be indicated.
    2. By placing an Advertisement on the Site, you shall ensure that no copyrights as well as other intellectual property rights are infringed by creating and/or placing the Advertisement on the Site. Please note that intellectual property rights might be infringed by using photographs, descriptions and other information or material (such as trademarks which you do not own etc.) created by other persons in the Advertisement without a respective permission. Upon a claim made to us by any third party due to the infringement of your obligation specified in the present item you shall take measures on your own account in order to defend us against such claims or remove the infringements and their effects as soon as possible. Regardless of your actions, we shall reserve the right to remove the claimed Advertisement from the Site with no early warning without returning or otherwise compensating your fees paid for the placement of the said Advertisement on the Site.
    3. By placing any Advertisement on the Site, you also grant us a non-exclusive, unremunerated, unconditional, irrevocable licence (permission) with the maximum period of validity determined by the law worldwide for the recovery of material constituting the content of the Advertisement in any manner or form as well as its release and publication for the sake of advertising the Site and/or our activities or for other marketing purposes related with our activities.
    4. By placing any Advertisement on the Site, you also grant us the right to include the information provided in the Advertisement (in whole or in part) in our database, to store and to handle it therein as well as to independently use it as an element of the database content free of charge.
  13. General Rights and Obligations.
    1. You shall:
      1. act in good faith and follow the present Rules as well as other provisions, to use the Site on the basis of rules determining its use and to fulfil your monetary obligations to us in a timely manner;
      2. to inform us about the improper provision of services, loss of Site login data, theft, unauthorised use or illegitimate acquisition at the email address specified on the Site as soon as possible (but no later than the same working day upon discovery);
      3. upon out request for specification of your personal identification data, we shall reserve the right to terminate and/or suspend your right to use the Site through your Account without further notice provided that you fail to fulfil your obligations specified in the present item or fail to fulfil them properly;
      4. not use the Site for illegal activities (illegitimate transactions, fraud etc.) as well as for activities which may damage our reputation. Provided that you have doubts concerning the compliance of your activities with the requirements of the present item, you shall inform us about the nature of your activities and not place a respective Advertisement on the Site until further notice.
    2. We commit ourselves to:
      1. act in good faith and reasonably in order to serve your interests best;
      2. aim at the intended use of the Site and take timely action in order to remove malfunctions of the Site.
    3. By creating an Account on the Site, you automatically agree to receive information on the use of the Site, including various offers to acquire additional services, items etc. at the email address specified when creating the Account. You may revoke your consent mentioned in the present item on the basis of the procedures indicated on the Site by providing us with a respective application at any time.
  14. Limitations of Our Liability.
    1. We shall assume no liability for the content, veracity, exhaustiveness and validity of Advertisements.
    2. Although we shall undertake to take reasonable measures in order to ensure continued operation of the Site, no website operation depends entirely on the actions of its administrator. Therefore, we shall assume no liability for malfunctions of the Site as well as losses or other inconveniences incurred thereupon.
  15. Your Assurances and Guarantees.
    1. By using the Site you also guarantee that your information and data submitted:
      1. are not misleading or incorrect;
      2. contain no viruses or other computer programs or files which may disturb normal functioning of the Site, damage or otherwise impair other users of the Site.
  16. Amendments to the Present Rules.
    1. We shall reserve the right to amend the present Rules at our discretion at any time by publishing the amended text of the Rules on the Site. Provided that you continue to use the Site after the publication of the amended text of the Rules, it shall be deemed that you agree with the amended Rules and undertake to follow and to enforce them.
  17. Validity of the Present Rules.
    1. Provided that it becomes apparent that some of the provisions of the present Rules contradicts legal norms and is therefore invalid, all other provisions of the Rules remain effective. In such a case we shall undertake to replace the invalid provision of the Rules by the nearest provision in legal and economic terms.
  18. Applicable Law. Jurisdiction
    1. The present Rules have been prepared in accordance with the Law of the Republic of Lithuania. The Law of the Republic of Lithuania shall apply for legal relationships emerging on the basis of the Rules.
    2. Any legal disputes related with the application of the present Rules shall be resolved in the Court of the Republic of Lithuania depending on the service provider’s head office, unless otherwise provided in the imperative by the legal norm applied.
  19. Submission of Complaints and Claims.
    1. You may submit complaints and claims referring to the failure to fulfil the provisions of the present conditions or the failure to fulfil them properly to us at the following email address: [email protected].