APPLICATION AND INTERPRETATION OF RULES
1.1. This document is an agreement between UAB "GlobalAbc" (company code - 305653392, VAT payer code - LT100013927013, registered address Stiklių 18-6, 01131 Vilnius, Lithuania, e-mail address - [email protected]) (hereinafter - MARKETPLACE.SOFTARMS.STORE) and You (hereinafter - Client or You) regarding the use of the website www.MARKETPLACE.SOFTARMS.STORE(hereinafter - the Website).
1.2. By using the Website, You confirm that You have read and agreed to these terms and conditions (hereinafter - Rules), and undertake to comply with them.
1.3. The use of the Website, in the meaning of these Rules, includes any and all actions performed by the Client when connecting to the Website using an Internet connection. In the meaning of these Rules, services include any and all actions that the Client can perform on the Website, including posting announcements, reading posted information, writing questions, feedback, and comments, writing direct (online) messages, providing any type of information and (or) data, sending and receiving them, but not limited to (hereinafter - Services). The Client, by any means and form of use of the Website and (or) the Services, unconditionally and irrevocably undertakes to comply with all requirements set forth in these Rules. If the Client does not unconditionally and irrevocably agree to assume and comply with all obligations set forth in these Rules, he or she has no right to use any of the Services or the Website.
1.4. Some of the Services provided on the Website are provided to the Client for a fee (hereinafter - Paid Services). Paid Services are described and specified on the Website, and their price is indicated on the specific order page for the respective Paid Service. Hereinafter, the term "Services" in these Rules will cover all Services, including Paid Services, and the term "Paid Services" will cover only those Services for which the Client pays a fee.
1.5 Private clients include physical and legal persons who use the Services for personal, non-business-related purposes.
1.6. In addition to these Rules, the relationship between the Client and MARKETPLACE.SOFTARMS.STORE is governed by the laws of the Republic of Lithuania, special conditions and rules presented on the Website, as well as established good business practice. Consumer protection requirements do not apply to the contract if the person offering goods or services is not a Business client.
1.7. If any provision of these Rules contradicts the law or becomes partially or completely invalid for any reason, it does not render the remaining provisions of the Rules invalid.
2. GENERAL CONDITIONS
2.1. MARKETPLACE.SOFTARMS.STORE provides Customers with a virtual space, i.e. i.e. A website where Customers have the opportunity to post their ads about offered or wanted goods or services (hereinafter - Ads), read Ads, search for Ads, write comments and direct messages under Ads, and use other Services.
2.2. Customer acknowledges and agrees that it, and not MARKETPLACE.SOFTARMS.STORE, is responsible for all Content it receives, sends or otherwise transmits through the use of the Site and/or Services. Content in these Rules means the Advertisement, as well as all and any information, including but not limited to data, databases, symbols, text, photographs, images, video material, documents, comments, messages, that the Customer provides, receives, stores, sends, receives or transmits using the Services and/or the Website (hereinafter - Content).
2.3. The Customer understands and agrees that MARKETPLACE.SOFTARMS.STORE does not control the Content of other Website users, visitors or third parties that the Customer may receive, read or otherwise learn while using the Website or the Services, and therefore MARKETPLACE.SOFTARMS.STORE shall not be responsible for the accuracy of such Content , integrity and/or quality.
2.4. The Customer understands and agrees that MARKETPLACE.SOFTARMS.STORE has the right, but not the obligation, to check the Content received and transmitted by the Customer at its own discretion, in order to detect Content that MARKETPLACE.SOFTARMS.STORE recognizes as unwanted or in violation of these Rules, and if such Content is detected, it remove or block any transmission of such Content.
2.5. MARKETPLACE.SOFTARMS.STORE will in no way participate in the purchase and sale or other transactions related to the goods and/or services offered on the Website or Ads between Customers (either as an intermediary, an authorized person, a representative or in any other way). MARKETPLACE.SOFTARMS.STORE will not be the Customer's agent, representative, intermediary, etc.
2.6. Any publication and/or making information publicly available on the Website is not considered an offer by MARKETPLACE.SOFTARMS.STORE to enter into a transaction.
2.7. The Agreement concluded by the Client for the placement of the Advertisement on the Website has a time limit, depending on the category of the Advertisement: Advertisements in most categories are valid for 60 days (in the clothing/footwear category - 90 days, in the long-term rental of houses, apartments and rooms - 40 days, in the categories of collecting and giving - 30 days) . The Client may terminate the contract earlier by deleting the Advertisement on his own initiative, but the money for the unused posting time of the Advertisement will not be returned. For more information, see Rule 6.6. point.
2.8. All communications and information between the Customer and MARKETPLACE.SOFTARMS.STORE will be sent by electronic means to the addresses specified in these Rules or on the Website, unless otherwise specified in these Rules.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. All intellectual property rights to the Site and all its content and database, including copyright, industrial intellectual property rights, trade names, know-how, commercial and industrial secrets, belong to MARKETPLACE.SOFTARMS.STORE or MARKETPLACE.SOFTARMS.STORE is lawfully used by third parties rights granted by individuals.
3.2. All rights to the Site and the works contained therein are reserved. No Content or other information on the Site may be reproduced, made publicly available or distributed without the prior written consent of MARKETPLACE.SOFTARMS.STORE.
3.3. All trademarks that appear on the Site are owned by MARKETPLACE.SOFTARMS.STORE or are legally used by MARKETPLACE.SOFTARMS.STORE, except for those trademarks uploaded by users of the Site.
3.4. By using the Website or Services and providing, entering or otherwise sending Content, the Customer grants MARKETPLACE.SOFTARMS.STORE all property copyrights necessary for MARKETPLACE.SOFTARMS.STORE to exercise its rights and obligations arising from these Rules free of charge, for an unlimited time, in an unlimited territory and to the maximum extent permitted by law. exercise the following rights, including but not limited to:
3.4.1. the right to reproduce, change, translate, publicly announce and make publicly available and distribute in any form or manner by selling, renting, providing for use or otherwise transferring the ownership or management of the Content provided by the Client;
3.4.2. the right to create derivative works from Content provided by the Client.
3.5. The parties agree that each time the Customer submits any Content, the Customer represents and warrants to MARKETPLACE.SOFTARMS.STORE that it has all rights, permissions, consents and/or licenses to perform those actions with the Content that the Customer performs, including the right to use the trademarks contained in the Content and copyright objects, publish the Content, make it publicly available.
4. REQUIREMENTS FOR ADVERTISEMENT CONTENT, FORM AND OTHER TERMS OF USE OF MARKETPLACE.SOFTARMS.STORE
4.1. The customer undertakes:
4.1.1. while using the Website and/or Services, to observe and not violate established norms of behavior and morality, not to violate the requirements of legal acts and the rights and legitimate interests of third parties, including legal acts regulating the protection of intellectual property, protection of personal data, regulation of advertising and others;
4.1.2. not to take any action that is contrary to applicable laws, good morals or violates the rights of third parties, including but not limited to:
4.1.2.1. not to use the Services and/or the Website in a way that may endanger the proper functioning of the services provided by MARKETPLACE.SOFTARMS.STORE, the security and integrity of the MARKETPLACE.SOFTARMS.STORE server or limit MARKETPLACE.SOFTARMS.STORE's ability to properly provide any services to other persons, and as well as restrict the ability of other persons to use any services provided by MARKETPLACE.SOFTARMS.STORE;
4.1.2.2. not to post, post, send, distribute or in any other way transmit any material prohibited or restricted by law, false, misleading, defamatory, threatening, discriminatory, deceptive, pornographic, inciting national, ethnic, racial, religious, or religious hatred , Content that violates the rights of individuals, as well as any other Content that may violate the requirements of legal acts, would be considered to violate the norms established by legal acts or would encourage behavior contrary to the requirements of legal acts or would cause any legal liability for MARKETPLACE.SOTARMS.STORE;
4.1.2.3. not publish or distribute links to any Content that may be considered to violate the requirements of applicable legal acts or the rights of third parties;
4.1.2.4. not to use the Services and/or the Website to perform actions that could harm any persons, their property or legal interests;
4.1.2.5. not to distribute unwanted advertising, malicious software and other unwanted Content, as well as not to send e-mails and other electronic messages with the intention of influencing or with the understanding that this will affect the operation of computer networks or computer equipment owned by the owners of computer networks;
4.1.2.6. not to offer goods and/or services, the trade of which is contrary to legal acts and/or moral and ethical norms, and which are specified in this non-exhaustive list [List of prohibited goods and services];
4.1.2.7. not to use the Website and/or the Services to carry out illegal actions or transactions or to commit fraud;
4.1.2.8. not to advertise or publish information that mentions third parties directly or indirectly competing with MARKETPLACE.SOFTARMS.STORE or the goods and/or services of such persons, as well as references to such persons and/or products. MARKETPLACE.SOFTARMS.STORE's competitors are any persons who create, prepare, manage or administer websites related to the sale and rental of various goods and services, as well as persons related to such direct competitors. MARKETPLACE.SOFTARMS.STORE has the right to indicate its competitors to the Customer and such persons will be considered MARKETPLACE.SOFTARMS.STORE's competitors in this 4.1.2.8. in the sense of point from the moment MARKETPLACE.SOFTARMS.STORE informs the Customer about them.
4.1.2.9. not to collect, store, transfer to other media, make publicly available, publish or distribute data of Website users or data about any actions of Website users, including data on offered and/or sought-after goods and/or services, their prices, etc.;
4.1.3. to provide correct and complete information about yourself, including your real name and surname or details of a legal entity, e-mail address, as well as indicate whether the Services are used as an Entrepreneur or as a Private customer according to the criteria specified in the Rules above;
4.1.4. provide objective, correct, non-misleading, comprehensive, and detailed information about the goods and/or services offered for sale, including, but not limited to, quality, condition, characteristics, manufacturer, and price. Such information must also be provided in the official language;
4.1.5. store the Client's login name and password (if provided to the Client) in such a way that it cannot be known by third parties, except for persons authorized by the Client to represent the Client using the Services;
4.1.6. to immediately notify MARKETPLACE.SOFTARMS.STORE of any changes in the information provided by the Customer (especially provided during registration on the Website) and/or data by changing the information in the Website form;
4.1.7. email immediately to notify MARKETPLACE.SOFTARMS.STORE by mail if the Customer's username and (or) password, which are required to use the Website, have been lost or become known to third parties;
4.1.8. advertise and/or advertise no more than one product and/or service in one Advertisement, as well as not advertise and/or publish several Advertisements promoting the same product and/or service;
4.1.9. Publish ads in thematic areas corresponding to their content;
4.1.10. do not write the text in capital letters in the published Advertisement;
4.1.11. not to post meaningless Ads or Ads with meaningless sequences of symbols and/or words;
4.1.12. promote one product/service in one ad, not several;
4.1.13. contact information, descriptions of goods and/or services should be indicated exclusively in the designated places. Do not use website addresses and/or company names in the ad title;
4.1.14. to ensure that the photos presented in the ads show the actual objects advertised in the text of the ads, except when selling a new unpackaged item. Also ensure that the photos are clear, without additional decorations, graphic elements;
4.1.15. Do not place any layouts, advertisements, various textual information, etc. in the advertisement photos, except for a small logo or watermark of the Client. In the "Offers a job" category, you can put the company's logo;
4.1.16. settle with MARKETPLACE.SOFTARMS.STORE for the provided Paid Services in accordance with the procedure provided for in Article 6 of these Rules.
4.2. By using any Service, the Customer confirms that he:
4.2.1. is an active person and/or legally representing a legal entity and/or other third parties on whose behalf he/she acts, having all the powers and rights to execute transactions offered on the Website;
4.2.2. will properly perform their duties specified in Rule 4.1.1. - 4.1.16. in points;
4.2.3. understands that the Customer may be obliged to pay taxes related to the use of the Services and/or income received from the use of the Services (eg personal income tax, VAT, etc.);
4.2.4. understands and agrees that upon the Customer's acceptance of these Rules, only such legal relations are created between the Customer and MARKETPLACE.SOFTARMS.STORE as are directly and clearly provided for by these Rules;
4.2.5. understands and agrees that in the event that the user name and password, which are required to use the Website, become known to third parties, such third parties may assume obligations that will become binding on the Customer and undertake to assume and properly perform such obligations, and MARKETPLACE.SOFTARMS.STORE has no obligation to verify the user's identity in any way other than verifying the username and password;
4.2.6. understands and agrees that MARKETPLACE.SOFTARMS.STORE processes and manages the Customer's personal data in accordance with the legal acts of the Republic of Lithuania and Article 7 of the Rules;
4.2.7. understands and agrees that the Advertisements and Content uploaded by the Customer, with the exception of contact data, may be displayed not only on the Website, but also on other advertising sources of MARKETPLACE.SOFTARMS.STORE partners if such Service is additionally ordered.
4.3. In addition to the confirmations provided in clauses 4.2.1 - 4.2.7 of the rules, the Client between the ages of 7 and 18 confirms that he or she:
4.3.1. before offering a product or service, has obtained the consent of legal representatives (e.g. parents) to offer a product or service, enter into a transaction and fulfill the obligations arising from it;
4.3.2. fully aware of all provisions of the Rules and understands that using the Site and Services may result in a legal obligation to purchase or sell a product or service.
5. RIGHTS AND OBLIGATIONS OF MARKETPLACE.SOFTARMS.STORE
5.1. MARKETPLACE.SOFTARMS.STORE has the right to:
5.1.1. to temporarily limit the availability of all or part of the Client's Content, as well as to limit or temporarily stop the provision of all or part of the Services:
5.1.1.1. if the Customer does not fulfill or improperly fulfills the obligations assumed in these Rules or does not comply with the established prohibitions or restrictions;
5.1.1.2. if, in MARKETPLACE.SOFTARMS.STORE's opinion, it is required by the maintenance and/or updating of the Website;
5.1.1.3. if it is required by the competent authorities or if it is necessary in cases provided for by the laws of the Republic of Lithuania and other legal acts;
5.1.1.4. if it is necessary to protect the rights and legitimate interests of MARKETPLACE.SOFTARMS.STORE or third parties;
5.1.1.5. if MARKETPLACE.SOFTARMS.STORE suspects that the Customer has caused or may cause a threat to the safety of other Website Customers by using the Services;
5.1.1.6. if the Customer causes damage to MARKETPLACE.SOFTARMS.STORE, including but not limited to MARKETPLACE.SOFTARMS.STORE's good name and/or reputation, by using the Services, the Website and/or posting Advertisements;
5.1.1.7. in other cases specified in the Rules;
5.1.2. at any time to limit the Client's ability to post Ads and/or other Content, including comments and/or direct messages, and to remove Ads or any other Content from the Site, including comments and/or direct messages left by the Client, if MARKETPLACE, at its own discretion. in SOFTARMS.STORE's opinion, they violate the provisions of these Rules, applicable laws or are contrary to good morals;
5.1.3. change Advertisements and any other Content, including, but not limited to, changing the Client's status from a Private client to an Entrepreneur, if the Client has mistakenly chosen the Client's status or provided false information and/or violated the provisions of these Rules;
5.1.4. MARKETPLACE.SOFTARMS.STORE has the right at any time within the limits of the Website to change or reorganize the Advertisements at its own discretion, to move them to other thematic areas without changing the Customer's information, in order to make the Website more convenient to use;
5.1.5. MARKETPLACE.SOFTARMS.STORE has the right (but not the obligation) to monitor the Customer's actions on the Site at any time, including monitoring the Customer's Advertisements and/or direct messages and comments. MARKETPLACE.SOFTARMS.STORE has the right to investigate any violations of the Rules using legal means;
5.1.6. MARKETPLACE.SOFTARMS.STORE has the right to terminate the Customer's account at its discretion if the Customer has received at least two negative reviews or comments from another Customer. After the Customer receives the third negative comment or feedback from another Customer, MARKETPLACE.SOFTARMS.STORE will cancel the Customer's account. Also, MARKETPLACE.SOFTARMS.STORE has the right to terminate the Customer's account at its own discretion, if the Customer has violated the Rules more than 3 times. The customer has the right to file a complaint against the decision to cancel the account by sending an e-mail to email to [email protected]. The decision of MARKETPLACE.SOFTARMS.STORE is final;
5.1.7. MARKETPLACE.SOFTARMS.STORE has the right to cancel the Customer's account without warning if it has not been accessed for more than 2 (two) years and the account balance is up to 1.45 EUR;
5.1.8. MARKETPLACE.SOFTARMS.STORE has the right to cancel the Customer's account without warning if it has not been accessed for more than 5 (five) years, if the account balance is over 1.45 EUR;
5.1.9. MARKETPLACE.SOFTARMS.STORE has the right to receive payment for the Services provided according to the prices indicated on the Website. For this purpose, at the Customer's request, MARKETPLACE.SOFTARMS.STORE will provide the Customer with an invoice;
5.1.10. If the customer violates his obligations specified in Rule 4.1.1. - 4.1.16. points, MARKETPLACE.SOFTARMS.STORE has the right to require the Customer to pay a contractual penalty equal to 29 EUR;
5.1.11. without a separate notification to the Client, to use third parties to perform any actions related to these Rules, as well as to transfer to third parties their rights and obligations arising from these Rules or part of them.
5.1.12. without separate notification to the Customer to remove the photos uploaded by the Customer in which more than one MARKETPLACE.SOFTARMS.STORE watermark is visible.
5.2. The Client is informed about the sanctions that will be applied for the violation of the Rules by the e-mail specified during registration. by post In case of violation of the rules, additional ordered Services are canceled and money is not returned.
5.3. The entrepreneur will be notified by the specified contact e-mail. by mail no earlier than 30 days in advance about MARKETPLACE.SOFTARMS.STORE's decision to terminate the provision of Services and is also informed about the reasons for such a decision. This notice period does not apply in case the Entrepreneur has systematically violated the Rules several times and the provision of Services is terminated as a result. In this case, MARKETPLACE.SOFTARMS.STORE informs the Entrepreneur about the reasons for such a decision by e-mail. by mail without undue delay.
5.4. The parties agree that MARKETPLACE.SOFTARMS.STORE has the right to terminate the Site at any time.
6. PAID SERVICES
6.1. Paid Services and the procedure for using them are described and indicated on the Website, and their price is indicated on the order page of each specific Paid Service.
6.2. The Client understands and agrees that the Paid Services can be provided only after the Client pays MARKETPLACE.SOFTARMS.STORE for the Paid Services in accordance with the procedure specified on the Website. MARKETPLACE.SOFTARMS.STORE has the right to unilaterally change the amount of payment for any Paid Services and the payment procedure at any time.
6.3. After restricting or suspending the Client's ability to use the Paid Services or if the Client does not receive or receive the Paid Services on time for reasons other than the Client's violation of these Rules and the case specified in point 5.1.6 of these Rules, MARKETPLACE.SOFTARMS.STORE, at the Client's request, undertakes to extend the provision of the Paid Services For the period in which Paid Services were not provided to the Client, or to provide Paid Services free of charge analogous to Paid Services that were not provided (if the Paid Services are not continuous in nature).
6.4. Payment for Ads and Content that were canceled and/or removed because the Customer violated the provisions of these Rules is not refundable.
6.5. MARKETPLACE.SOFTARMS.STORE has the right to limit or terminate the provision of Services to Customers for a reasonable period of time during the necessary preventive works of the Website. In this case, the Client using the Paid Services is informed about the start of preventive works by means of a notification (depending on which Services the Client uses – by e-mail and/or another notification) no later than 24 hours before the start of the works. In such a case, MARKETPLACE.SOFTARMS.STORE may, but is not obliged, to extend the provision of Paid Services to the Client for the period during which the Paid Services were not provided, or to provide Paid Services free of charge, analogous to the Paid Services that were not provided (if the Paid Services are not of a continuing nature).
6.6. One order of the Paid Service entitles the Customer to place one Advertisement, unless otherwise specified for a specific Service. After choosing a Paid Service for a specific period (for example, 30 days, 60 days, etc.), the Customer undertakes to use this Service for no less than the entire validity period of the Paid Service (hereinafter referred to as the Minimum Period). If the Advertisement transaction occurs before the end of the Minimum Period (for example, the product is sold, etc.), or if the Client himself cancels the Advertisement, or if the Advertisement is canceled due to the Client's fault, the money for the unused Minimum Period is not returned to the Client and is not transferred to pay for the next Advertisement. After the Ad transaction, the Client must remove the Ad so as not to mislead other Website visitors.
6.7. If the Client transfers the Advertisement from active to passive, as well as stops the display of the Advertisement due to the Client's fault, the period of non-display of the Advertisement is included in the Minimum period and the Minimum period is not transferred or extended for the period during which the Advertisement was not displayed publicly on the Website.
6.8. In case of an Ad transaction (property sale, rent, etc.), the balance of the minimum period is not transferred to another Ad and the Client cannot post a new (another) Ad in place of the old Ad. If the Customer applied (intends to apply) the Paid Service to another Advertisement, MARKETPLACE.SOFTARMS.STORE has the right to cancel this Advertisement and warn the Customer or demand payment for such Advertisement as for a newly published Advertisement. Such Advertisement will be displayed only after proper payment for it. If the customer does not agree to pay, the Advertisement is cancelled.
6.9. If the contract for the provision of Services due to the Client's fault or at his initiative is terminated before the Minimum Period has passed, the Client must pay MARKETPLACE.SOFTARMS.STORE compensation equal to the part of the fee for the specific Paid Service ordered by the Client from the day of cancellation until the end of the Minimum Period. This compensation is deducted from the price of the Paid Service paid by the Customer.
7. PERSONAL DATA
7.1. MARKETPLACE.SOTARMS.STORE processes the personal data provided by the Customer during registration or later using the Website or collected by MARKETPLACE.SOTARMS.STORE in other ways, i.e. i.e. collects, uses, stores, transmits, only legally, transparently and fairly, for predetermined purposes, and only to the extent necessary to achieve the purposes. The customer's personal data is processed by MARKETPLACE.SOFTARMS.STORE in accordance with these Rules, as well as the procedure established by MARKETPLACE.SOFTARMS.STORE's Privacy Policy.
7.2. MARKETPLACE.SOFTARMS.STORE ensures the rights of Customers as data subjects in accordance with the General Regulation on the Protection of Personal Data, the Law on the Legal Protection of Personal Data of the Republic of Lithuania and other normative legal acts governing the processing of personal data. The rights of customers as subjects of personal data and the procedure for their implementation are set out in the Privacy Policy of MARKETPLACE.SOFTARMS.STORE.
8. INFORMATION PROTECTION MEASURES
8.1. MARKETPLACE.SOFTARMS.STORE processes the customer's personal data in such a way that adequate security of personal data is ensured by applying appropriate technical or organizational measures, including protection against unauthorized or illegal data processing and against accidental loss, destruction or damage.
8.2. MARKETPLACE.SOFTARMS.STORE reminds that the Customer is responsible for the confidentiality of login data. MARKETPLACE.SOFTARMS.STORE asks you to be careful when using and protecting your login details. The Client should log out of the browser after finishing work in order to be sure that no one will access the Client's e-mail, personal information, especially in cases where the Client uses a publicly accessible computer (for example, in an Internet cafe, library).
9. LIMITATION OF LIABILITY
9.1. The Customer agrees that MARKETPLACE.SOFTARMS.STORE is not and will not be responsible for malfunctions of the Website and/or Services that are not due to MARKETPLACE.SOFTARMS.STORE's fault, and for any losses or damages suffered by the Customer or third parties as a result.
9.2. MARKETPLACE.SOFTARMS.STORE will not be responsible for the quality, quantity and/or completeness of items and/or services sold or purchased using the Site and/or Services.
9.3. The Customer understands and agrees that the Website and/or Services operate on a service as-is basis and are therefore provided without any endorsements or guarantees from MARKETPLACE.SOFTARMS.STORE that the Website will function and the Services will be provided properly and on time, without interruptions, with high quality, in full scope or that this will not cause any negative consequences for the Client or third parties. MARKETPLACE.SOFTARMS.STORE is not and will not be responsible for the illegality, inconsistencies, inaccuracies or errors of the information on the Websites (except for the information provided by MARKETPLACE.SOFTARMS.STORE itself) and the resulting negative consequences for the Customer or third parties.
9.4. MARKETPLACE.SOFTARMS.STORE is not responsible for any damage and/or loss that the Customer may incur as a result of using the Website and/or the Services and sending, posting, or otherwise transmitting or making publicly available any information, including comments and (or ) direct messages.
9.5. The customer understands and agrees that MARKETPLACE.SOFTARMS.STORE, taking into account 9.1 of these Rules. point and 9.3. clause, will never, for any reason, be liable for any and all of its actions or inactions related to the Customer's use of the Site and/or Services and compliance with these Rules. The Customer assumes full responsibility for compensation of any kind of damage or loss that may occur to him or third parties in any way as a result of the Customer's use of the Website or Services or the information contained therein.
9.6. The Customer undertakes to ensure that MARKETPLACE.SOFTARMS.STORE never incurs any legal liability, obligation to pay, indemnify or otherwise compensate for any loss, damage or other expenses incurred as a result of the Customer's use of the Site and/or Services.
9.7. The Customer understands and agrees that MARKETPLACE.SOFTARMS.STORE is not and will not be responsible for Services not provided or not provided on time to the Customer due to the fault of third parties, including, but not limited to, internet, mobile communication providers, e-mail service providers or others. If the Client cannot use the Paid Services due to the fault of third parties, the payment for the Paid Services will not be returned to the Client.
9.8. MARKETPLACE.SOFTARMS.STORE's liability to the Customer or third parties arising from these Rules is limited to 29 EUR.
10. CHANGE OF RULES
10.1. MARKETPLACE.SOFTARMS.STORE reserves the right to change, amend or supplement these Rules at any time at its sole discretion for any legitimate reason, such as legal, regulatory or security reasons, taking into account the requirements set by applicable legislation.
10.2. The amended Rules will be provided on a durable medium for the Entrepreneur to familiarize themselves with by e-mail. by e-mail provided by the Entrepreneur when registering on the Website at least 15 days before the scheduled date of entry into force of the amended Rules. The rules will also be made available to the Customer when using the Website. It is considered that MARKETPLACE.SOFTARMS.STORE and the Customer have effectively agreed on the application of the amended Rules if:
10.2.1. The Client will not object to the changes to the Rules until the scheduled effective date of the changed Rules and will continue to use the Website; and
10.2.2. The customer was clearly informed about the changes.
10.3. If the Customer does not agree with the changed and/or supplemented Rules, he loses the right to use the Website and/or Services.
10.4. The entrepreneur has the right to terminate the concluded contract with MARKETPLACE.SOFTARMS.STORE due to the amended Rules, if he notifies the termination of the contract to MARKETPLACE.SOFTARMS.STORE before the amended Rules enter into force. Such termination of the contract shall take effect within 15 days from the receipt of the notice of amended Rules. This term can be waived by the Entrepreneur by written statement or by his/her actions expressing such desire.
10.5. If the Entrepreneur, before the expiry of the 15-day period for termination of the contract, by continuing to use the Services or the Website, including, but not limited to, extending the Services, ordering new Services, editing and/or updating Advertisements, after the changes to the Rules come into force, confirms that he has familiarized himself with such changes and fully agrees with them.
10.6. Prior to the amendment of the Rules, the Services ordered by the Clients are provided in the manner and terms set out in the Rules in force at that time.
10.7. MARKETPLACE.SOFTARMS.STORE also has the right, without prior notice to the Customer, to unilaterally change and update the list of goods and/or services, the sale of which is contrary to legal acts and/or moral and ethical norms, specified in clause 4.1.2.6 of these Rules.
11. CHANGES TO THE SERVICES
11.1. The customer agrees that MARKETPLACE.SOFTARMS.STORE may at any time continue to develop the Website and the range of offered Services in order to ensure the proper provision of Services or for other related reasons (for example, changes in technical requirements or security aspects), as well as in order to ensure the quality of the Services provided , supply and adapt to the needs of the Customers. Therefore, MARKETPLACE.SOFTARMS.STORE may unilaterally change the Services provided and/or their charging, in which case the Customer will not have the opportunity to continue using the unchanged Services after the changes take effect.
11.2. As a result of such changes to the Services, the Private Client will not incur any additional costs. About the changes to the Services and the Private Client's right to withdraw from the contract for Paid Services, MARKETPLACE.SOFTARMS.STORE will inform the Private Client by e-mail. by mail 30 days before the changes take effect, providing information for familiarization about the planned changes to the Services.
11.3. The Private Client will have the right to withdraw from the contract for the provision of Paid Services within 30 days of receiving notification of the changes or from the moment of application of the changes (whichever occurred later), if the change in the Services will have a negative impact on the Private Client's access to and use of the Paid Services, except cases where such adverse effects are minor.
11.4. Unless expressly stated otherwise, the Customer agrees that any changes to the Services will be notified to him 30 days prior to the start of their application by e-mail. by email provided by the Customer to MARKETPLACE.SOFTARMS.STORE when registering on the Website.
11.5. The customer expressly agrees to check his e-mail at least once a month. the email provided by MARKETPLACE.SOFTARMS.STORE when registering your account.
12. PRIVATE CUSTOMER RIGHTS IN THE CASE OF NO PROVISION OF PAID SERVICES OR PROVISION OF INADEQUATE QUALITY SERVICES
12.1. A private client has the right to demand that MARKETPLACE.SOFTARMS.STORE start providing Paid Services if MARKETPLACE.SOFTARMS.STORE does not fulfill its obligation to start providing Paid Services purchased by a Private client immediately after the conclusion of the contract, unless otherwise agreed between the parties. If, after submitting such a request, MARKETPLACE.SOFTARMS.STORE does not provide Paid Services immediately or within an additional term expressly agreed upon by the parties to the contract, the Private Client has the right to unilaterally terminate the contract for the provision of Paid Services.
12.2. If Paid Services of inadequate quality are provided, the Private customer has the right to demand that the deficiencies of the Paid Services be corrected, the price be reduced, or the contract be terminated unilaterally.
12.3. The private customer has the right to remedy the deficiencies of the Paid Service, except in cases where it is impossible to do so, or if it would cause disproportionate costs to MARKETPLACE.SOFTARMS.STORE, taking into account all the circumstances, including:
12.3.1. the value of the Paid Service, if there were no defects;
12.3.2. the significance of the deficiencies.
12.4. The private customer has the right to a reduction in the price of the Paid Service or the right to unilateral termination of the contract in any of the following cases:
12.4.1. it is impossible for MARKETPLACE.SOTARMS.STORE to remedy the shortcomings of the Paid Service or it would cause disproportionate costs to MARKETPLACE.SOTARMS.STORE taking into account all the circumstances;
12.4.2. MARKETPLACE.SOFTARMS.STORE has not corrected the deficiencies of the Paid Service within a reasonable time, free of charge and without significant inconvenience to the Private Customer, taking into account the nature of the Paid Service, which made it necessary for the Private Customer;
12.4.3. Deficiencies in the Paid Service occurred after MARKETPLACE.SOFTARMS.STORE attempted to ensure the proper quality of the Paid Service;
12.4.4. the deficiency is substantial;
12.4.5. MARKETPLACE.SOFTARMS.STORE has stated, or it has become clear from the circumstances, that it will not correct the deficiencies of the Paid Service within a reasonable period of time, or it will cause significant inconvenience to the Private Customer.
12.5. A private customer has the right to terminate the contract only if the deficiency of the Paid Service is not minor.
12.6. The private client exercises his right to terminate the contract by submitting a statement to MARKETPLACE.SOFTARMS.STORE, which expresses his decision to terminate the contract for the provision of Paid Services due to inadequate quality. Upon termination of the contract, MARKETPLACE.SOFTARMS.STORE shall return to the Private Client, no later than 14 days, all amounts paid by him for the period during which the Paid Services of inadequate quality were provided, using the same payment method that the Private Client used to pay for the Paid Services.
13. DETERMINATION OF RATING
13.1. The MARKETPLACE.SOFTARMS.STORE Ads search algorithm considers the following factors when generating Ads search results. It is designed to help Clients find relevant Ads and can be personalized for each Client based on factors such as the Client's chosen filter for displaying search results.
13.2. When ranking Ads search results, MARKETPLACE.SOFTARMS.STORE relies on the following parameters (in order of importance):
13.2.1. Ads with a higher number of ordered stars are shown higher. All Customers can order Stars for Advertising. If the number of stars is the same, the Ad whose stars have been ordered for a longer period of time is shown above. You can find more information on how Starring an ad works in the "Frequently Asked Questions".
13.2.2. If the Advertisements do not have stars, then the ranking criterion is indicated at the top of the list. Possible criteria are: (i) Newest on top, (ii) Updated on top, (iii) Cheapest on top, (iv) Most expensive on top. Sorting is automatically applied on the Website according to the date of update of Ads, i.e. i.e. those Ads that have been updated later are displayed above. Categories in which Ads are ordered by the date of posting of the Ad, not the date of renewal: (i) Real Estate (excluding Materials, Equipment; Construction Services; Other) and (ii) Auto Parts. After the visitor changes the sorting criteria, the Ad list is rearranged accordingly, ignoring the number of Ad stars.
13.2.3. After performing a text search based on the keyword, the Ads are ranked among themselves according to how well they match the search, for example, whether the keyword was found in the Ad title, or in the title of the Ad category, or in the description, how many times it is repeated, etc. If Starred Ads are among the results, then they are displayed above in accordance with 13.2.1. point order. Visitors can change the sorting criteria, then the list of Ads is reordered accordingly, ignoring the amount of Star Ads.
13.3. Some of the Ads are imported into MARKETPLACE.SOFTARMS.STORE from other portals (MARKETPLACE.SOFTARMS.STORE, Autoplius.lt, CVbankas.lt), when the Customer buys the "2in1" service: uploads the ad to, for example, Autoplius.lt and the ad is automatically also uploaded to MARKETPLACE.SOFTARMS.STORE. Such transferred ads are automatically displayed below the Ads posted directly by Customers on MARKETPLACE.SOFTARMS.STORE. If the Client chooses the sorting criteria himself, then the list is rearranged accordingly, ignoring the fact of importing Ads.
13.4. All Clients may purchase stars, update or re-enter their Ads to bring their Ads to the top of search results.
14. RIGHT TO WITHDRAW THE AGREEMENT
14.1. The Private Client confirms that he/she agrees that after paying for the placement of the Advertisement on MARKETPLACE.SOFTARMS.STORE and the purchase of other additional Services, they are considered to be provided immediately and their provision cannot be cancelled, therefore the Private Client agrees that he/she is not subject to the 14-day right of withdrawal from the remote contract . Therefore, before ordering and paying for the Services, the Private customer must assess their need. After the private customer removes the Advertisement, making it invisible (passive), the money for the additionally ordered Service is not refunded and its validity period is not extended or transferred to another Advertisement.
14.2. If the contract is terminated due to the Client's fault or initiative before the Minimum Period has passed, the Client must pay MARKETPLACE.SOFTARMS.STORE compensation equal to the part of the Client's specific Paid Service fee from the day of cancellation until the end of the Minimum Period. This compensation is deducted from the price of the Paid Service paid by the Customer. This provision does not apply in the event that the Private Client terminates the contract due to a change in the provision of Paid Services, their non-provision or inadequate quality in accordance with the contract termination procedure set out in Chapters 11 and 12 of the Rules.
15. USE OF DATA
15.1. Personal and other data (hereinafter - Data) provided by the Customer or collected by MARKETPLACE.SOFTARMS.STORE during registration or later using MARKETPLACE.SOFTARMS.STORE is processed by MARKETPLACE.SOFTARMS.STORE, i.e. i.e. collects, uses, stores, transmits, only legally, transparently and fairly, for predetermined purposes, and only to the extent necessary to achieve the purposes. Customer Data is processed by MARKETPLACE.SOFTARMS.STORE in accordance with these Rules, as well as the procedure established by MARKETPLACE.SOFTARMS.STORE's Privacy Policy.
15.2. Data is processed in order to properly provide Services to Customers (place Ads, order a certain Service, etc.). The Customer's Data is also processed for the purpose of its registration and the administration of the Ads database in the Website system, as well as for the purposes of conducting direct marketing and advertising promotions (direct marketing games, quizzes, contests). MARKETPLACE.SOFTARMS.STORE collects and stores Data electronically, the Customer can see all the Data provided by him by logging into his account as long as it exists. Upon account deletion, Customers lose access to uploaded Data and Content.
15.3. MARKETPLACE.SOFTARMS.STORE guarantees that the Data will not be sold, provided or otherwise transferred to third parties without a legal basis, as well as used for purposes other than those for which they were collected. MARKETPLACE.SOFTARMS.STORE does not transfer Data in any way other than in accordance with the Privacy Policy or applicable legislation.
16. WARRANTY
16.1. MARKETPLACE.SOFTARMS.STORE reminds the private customer of the valid guarantee of the quality of digital content and digital services in accordance with the law.
17. FEEDBACK
17.1. On the website, you can leave reviews about the objects for sale in Ads.
17.2. The authenticity of reviews on the Website is ensured.
18. MEDIATION
18.1. If the Merchant or MARKETPLACE.SOFTARMS.STORE at any time expresses a wish that the dispute be resolved through mediation, MARKETPLACE.SOFTARMS.STORE cooperates with these mediators, which can be read in more detail here and here, but MARKETPLACE.SOFTARMS.STORE and the Merchant may to jointly agree on another mediator, if there is a need for it.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1. The rules are subject to the laws of the Republic of Lithuania.
19.2. All disagreements arising between MARKETPLACE.SOFTARMS.STORE and the Customer regarding the implementation of these Rules are resolved through negotiations. If the parties do not resolve the dispute through negotiations, such a dispute shall be finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania in the courts according to the procedure established by the laws of the Republic of Lithuania.
19.3. MARKETPLACE.SOFTARMS.STORE has its own internal, free system for dealing with complaints from Entrepreneurs (hereinafter referred to as the System). In order to use this System, the Entrepreneur can file a complaint using the section "Submission of complaints by entrepreneurs" and choosing the subject of the complaint. The entrepreneur must provide as much information as possible about the basis of the complaint. MARKETPLACE.SOFTARMS.STORE responds to the Merchant by confirming the received complaint and, using all commercially reasonable efforts, considering the complexity and importance of the complaint, examines it as soon as possible. After examining the complaint, the answer is provided to the Entrepreneur who submitted the complaint through the contacts indicated by him.
19.4. Using this System, Entrepreneurs can file a complaint:
19.4.1. in the event of suspicions that MARKETPLACE.SOFTARMS.STORE did not comply with the obligations set out in Regulation 2019/1150 of the European Parliament and Council, as a result of which the interests of the Entrepreneur were violated;
19.4.2. technical issues directly related to the provision of Services that affect the Entrepreneur;
19.4.3. due to the measures taken by MARKETPLACE.SOFTARMS.STORE or the conduct of MARKETPLACE.SOFTARMS.STORE directly related to the provision of Services and affecting the Entrepreneur.
19.5. A private customer must first submit a request and/or complaint regarding MARKETPLACE.SOFTARMS.STORE website activities and services in writing to the MARKETPLACE.SOFTARMS.STORE portal and specify their requirements. Please send such letters to [email protected]. Disagreeing with MARKETPLACE.SOFTARMS.STORE's answer, the Customer can contact the State Consumer Rights Protection Service, address: Vilniaus st. 25, LT-01402 Vilnius, website www.vvtat.lt, or fill out the application form on the Electronic Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/. Court disputes are examined in accordance with the procedure established by legal acts.
POSTING OF ADVERTISEMENTS RELATING TO THE SALE AND/OR PURCHASE OF THE FOLLOWING OBJECTS IS PROHIBITED:
material or photos of obviously pornographic content;
material or photos inciting national, ethnic, racial, religious hatred, or hatred based on non-religion;
content material that violates the rights of third parties, including image rights, privacy;
music works, films, software and other goods that violate copyright or intellectual property rights;
hazardous pure chemical substances that may cause danger to life, health or the environment (eg sulfuric acid, carbide);
narcotic and psychotropic substances, especially drugs, as well as other substances are used as drug substitutes (substitutes), regardless of the legality of the possession and trade in said substances;
products related to tobacco products, including electronic cigarettes and electronic cigarette refills, smoking herbal products;
teeth whitening products containing more than 0.1% hydrogen peroxide;
any medication, including viagra, cialis, etc.;
food supplements that are not notified by the State Food and Veterinary Service. The list of notified supplements is available at http://www.vet.lt/maisto-papildai/;
human or animal organs;
shares, bonds and other securities, debt claims, units of investment funds, insurance policies and products and any other financial instruments offered in the form of investments or cash deposits, with the exception of tangible securities of exclusively collectible value, if such trade is required by legislation the relevant permission or license, and such permission or license has not been obtained and/or if the publication of such announcement is contrary to the legal acts regulating the advertising of financial instruments;
trial, free, temporarily free and expired versions of software licensed under NFR (not intended for sale);
software or material adapted to carry out activities that violate laws or generally accepted norms of decency, including:
software containing computer viruses or other harmful elements;
software and devices that allow the collection of information related to the computer user without his knowledge;
software and devices for blocking and removing passwords for desktop and laptop computers, hard drives and other storage media and car radios, as well as information, instructions and services related to blocking and unblocking;
software that scans e-mail addresses on websites and enables mass sending of messages to users of Internet portals and instant messages and online chats, etc., without obtaining their consent;
serial numbers sold separately without original software;
instructions and addresses (links) of websites and FTP service stations that contain information:
permits or facilitates the production or acquisition of hazardous substances;
violates applicable laws or is confidential;
enables or facilitates the violation of applicable laws;
accounts for free web portals, including:
instant messaging and online chat accounts (eg Gadu-Gadu, Tlen, Skype, Jabber, AQQ, ICQ);
free e-mail accounts (e-mail addresses);
accounts created on free internet portals and invitations to use the services of these portals and create accounts on them;
partnership and loyalty program accounts and services related to said programs;
personal data or email address lists;
prepaid cards;
services and materials related to participation in so-called financial pyramids, i.e. in financial structures created on the principle of attracting new members, where the main (or only) source of profit is the registration fee paid by new members;
stock exchange investment systems, lottery and betting systems and services related to participation in lotteries and betting, with the exception of official publications issued in book format, which have been assigned an ISBN number;
fishing gear and equipment, the keeping of which is limited by the provisions of legal acts;
weapons and ammunition, for the possession or trade of which it is necessary to obtain an appropriate permit or to register them, as well as gas grenade launchers and pepper sprays, regardless of the legality of the possession and trade of the aforementioned means, all weapons belonging to categories A and B;
registration certificates and cards are offered separately from the vehicles for which they are issued;
email postal services: i.e. mass electronic correspondence services;
services and materials that encourage the sending of premium text messages (so-called "SMS Premium");
online earnings in partnership systems (eg work by clicking links);
disposable containers filled with fluorinated greenhouse gases;
other goods and/or services, the sale of which is prohibited or restricted, they require relevant licenses or permits that the Customer does not have, or such licenses and permits do not give the right to sell such goods and/or services by electronic means of communication, including on the Internet;
as well as any other goods and/or services, when their sale, including on the Internet, is prohibited by law.
It should be noted that this list is not exhaustive, therefore the Customer, when offering to purchase and/or sell goods and/or services, when their trade may violate the requirements of legal acts, acts exclusively at his own risk, and MARKETPLACE.SOFTARMS.STORE will not be responsible for such under any circumstances Advertisement Content.
If you want that we delete your account or you want to delete any personal information you're provided, contact us with your request via email: [email protected]