Autoplius.lt Terms of Use:
GENERAL TERMS OF USE
We are UAB Diginet LTU, legal entity code 126222639, registered office address Saltoniškių g. 9B, Vilnius, Lithuania.
For communication with users under Article 12 of the Digital Services Act, please contact us at: [email protected]
For communication with authorities under Article 11 of the Digital Services Act, our designated point of contact is: [email protected]
You may communicate with us in Lithuanian and English.
1. Introduction
1.1. These general terms of use (hereinafter – the General Terms) establish the basic rules for using the websites operated by us (hereinafter collectively referred to as the “Websites”, and each individually as a “Website”) and form an integral part of the agreement on the services provided on them.
1.2. On the Websites, we provide intermediary (hosting) services – we store and disseminate to the public the listings of service recipients and other information they provide (hereinafter – Content), and we also provide other related services. Hereinafter, all such services are referred to as the “Services”. On some Websites, distance selling contracts may be concluded.
2. Conclusion of the Agreement
2.1. By using any of our Websites, you and we conclude an agreement on the use of that specific Website (hereinafter – the Agreement). Each Agreement consists of the following documents:
2.1.1. these General Terms, applicable to all Websites;
2.1.2. the special terms of the specific Website, applicable only to that Website (hereinafter – the Special Terms);
2.1.3. the Community Rules;
2.1.4. the Personal Data Processing Terms; and
2.1.5. other documents specified in the Special Terms of the specific Website.
2.2. Please note that we conclude a separate and independent Agreement for each Website, of which these General Terms form an integral part.
2.3. You can read the Special Terms of each Website on that Website.
2.4. In the event of contradictions or discrepancies between the documents of the Agreement, the following order of precedence applies when interpreting the Agreement: first, the Special Terms; second, the Personal Data Processing Terms; third, the Community Rules; fourth, the General Terms. The Special Terms may establish a different order of precedence of the documents.
2.5. By using the Services, you confirm that you have read the terms of the Agreement, agree to them and undertake to comply with them. If you do not agree to comply with the terms of the Agreement, you have no right to use any of the Services.
2.6. Use of a Website includes any actions you take on the Website, regardless of whether you are registered on the Website: browsing, viewing information, reading content, submitting questions, sending or receiving any information or data, or otherwise using its functionality. By using the Website and/or the Services in any form, you undertake to comply with all terms of the Agreement.
2.7. If you use the Services for purposes unrelated to your business, trade, craft or profession – in other words, if you are a consumer – the consumer-specific terms set out in the Agreement apply to you. If you are not a consumer, such terms do not apply to you.
2.8. If you use the Services on behalf of a legal entity, you confirm and warrant that you are authorised to act and conclude the Agreement on behalf of such legal entity.
3. Our role
3.1. Unless stated otherwise in the Special Terms of a specific Website, we are an information society service provider, we provide intermediary (hosting) services and we operate the Websites – online platforms as defined under Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
3.2. We are not the owner or seller of the goods or services offered on the Website. Even though we impose very strict requirements on such persons, to the maximum extent permitted by law we are not responsible for the descriptions, advertising and other information about goods and services provided on the Website, for the legality, quality, safety, labelling, delivery, exchange, return and/or quality guarantee of the goods and services, or for whether and how third parties will conclude and perform a purchase or service contract; we do not control and do not guarantee their reliability or solvency; and we are not liable for any damage arising from any of the circumstances referred to in this clause. We do not act as an intermediary between you and such third party in resolving disputes, except in cases expressly provided for by law and the procedures set out in the Agreement.
4. Registration and login details
4.1. To use certain Services, you must register, create an account (hereinafter – the Account) and provide all information requested during registration.
4.2. Unless expressly stated otherwise in the Special Terms of a specific Website, you may not create, hold, manage or use more than one Account. You may not transfer your account or allow another person to manage or use it without our prior written consent.
4.3. We may carry out checks to ensure the authenticity and security of the Account. For this purpose, we may ask you to provide additional data, correct inaccurate or incomplete data, answer security questions and confirm the information indicated in the Account (for example, your telephone number or email address).
4.4. We have the right, at our discretion, to refuse your registration and/or the creation of an Account, as well as to refuse to activate it or to delete an Account that has already been created. We do this only in exceptional cases, most often because, for example, you provide misleading, inaccurate or incomplete information during registration, you fail to provide additional information or to confirm it when we request it, you use or attempt to use data belonging to or associated with another person without their consent, you have already been removed from the Website or your Account was previously deleted, you use an identifier (e.g. username, email address) that infringes the rights of third parties or is misleadingly associated with our services, or we reasonably believe that you may pose a threat to the security or operation of the Website, to other users or to our legitimate interests, or otherwise breach the Agreement. If you contact us about this, we will explain the reasons.
4.5. When creating an Account, you may not use identifiers (e.g. a username or email address) that are identical or misleadingly similar to the name of any of our Websites, use our or third parties’ trademarks, names or imitations thereof, or may create the false impression that we or third parties are associated with you, endorse you or have granted you any rights or authorisations.
4.6. Throughout the entire term of the Agreement, you must ensure that the data in your Account is correct, accurate and complete. We will rely on the presumption that this is the case, and we are not liable for damage suffered by you or third parties as a result of incorrect or inaccurate data.
4.7. You must ensure the security of your login details (including passwords), not disclose them to third parties, and you assume responsibility for all actions performed using your login details. In such case, all obligations and liability rest with you to the maximum extent.
4.8. If you fail to comply with the obligations set out in this section, we have the right, immediately and without separate warning, to apply to you the restrictions provided for in clause 11.1 of the General Terms, as well as other measures permitted by the Agreement or by law.
4.9. If the Agreement provides for an obligation to refrain from certain actions, this obligation also includes a prohibition on directly or indirectly assisting, encouraging, enabling or facilitating other persons to perform or refrain from such actions.
5. Content requirements
Your Content must comply with the requirements of the law, these General Terms, the Community Rules and the Special Terms of each Website.
6. Intellectual property rights
6.1. All intellectual property rights to the Websites, their content, databases, names, trademarks, know-how, and commercial and industrial secrets belong to us or are used lawfully under licences granted by third parties.
6.2. All intellectual property rights to the Content that you provide to us while using the Services (including texts, images, trademarks, logos, descriptions and other information) remain with you. We do not acquire ownership rights to such Content, except to the extent expressly provided for in this Agreement.
6.3. From the moment you upload, transmit or otherwise provide us with any Content, you grant us, to the maximum extent permitted by law, free of charge, for an unlimited period and worldwide, all intellectual property rights to the Content, including the right to:
6.3.1. reproduce, publish and distribute the Content in any form or by any means;
6.3.2. publicly announce, broadcast, retransmit or otherwise make the Content publicly available;
6.3.3. modify or adapt the Content and create derivative works;
6.3.4. include the Content in databases operated by us and keep it there for an unlimited period;
6.3.5. use the Content in all ways necessary to exercise our rights under the Agreement; and
6.3.6. assign or grant all or part of the acquired rights to the Content to third parties.
6.4. We may exercise the rights referred to in clause 6.2 of the General Terms for both commercial and non-commercial purposes, and we will not be obliged to pay you or any other persons (including collective management organisations) any remuneration for doing so.
6.5. From the moment specified in clause 6.2 of the General Terms, you also grant us the rights to the image, name, title and private life information of the persons featured in the Content, to the same extent, territory and period as specified in clause 6.2.
6.6. You confirm and warrant that, at the time the Content is transferred to us and for as long as the Content remains on the Website:
6.6.1. you hold all rights allowing you to grant us the licences and rights to the Content and to the personal data or images contained in it, as specified in the Agreement;
6.6.2. our use of the Content in accordance with the Agreement does not infringe third parties’ intellectual property, privacy, honour, dignity, right to the protection of personal data or other personal rights;
6.6.3. you have the right to transfer to us, for management and/or processing for the purposes specified in the Agreement and the Privacy Policy, the personal data of persons other than yourself contained in the Content, and there is a legal basis for transferring and processing such data;
6.6.4. the Content does not contain special categories of personal data (e.g. data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, health data or data concerning a natural person’s sex life or sexual orientation);
6.6.5. the Content is not a trade secret or confidential information.
6.7. All information obtained or collected in the course of your use of the Services, including information about your or other users’ (e.g. other visitors’) actions, belongs to us and we may use it in any ways and forms, including transferring it to third parties for any purposes. This Agreement does not grant you any intellectual property rights to such information. If such information is nevertheless made available to you on a specific Website or in your Account, this means that we grant you a non-exclusive, limited, non-transferable right (licence) to use the information provided only (i) for the purposes of using the Services, and (ii) only during the term of the Agreement. We grant you an analogous licence in cases where you are a consumer and contact us requesting information about you other than personal data.
6.8. We reserve the right to use all data and information on the Website, including but not limited to publicly available Content or Content provided by you, for text and data mining, and for the development, training, improvement, testing and analysis of artificial intelligence systems and similar purposes. You undertake not to use the data or information on the Website for the aforementioned or similar purposes without our express prior written consent.
7. Our other rights and obligations
7.1. We will make reasonable efforts to ensure that the Websites operate smoothly and that the Services are provided properly.
7.2. If advertising is published on the Website, it will be clearly marked and identifiable. If the advertising is personalised, we will ensure that (i) the person on whose behalf the advertising is presented can be identified, (ii) the person who paid for the advertising can be identified if they are not the same person on whose behalf the advertising is presented, and (iii) meaningful information is provided about the main parameters used to select the advertising and, where applicable, about the options for changing those parameters. We do not display personalised advertising based on special categories of personal data and do not apply profiling to minors when we know or can reasonably know that the user is a minor. We take measures to ensure that advertising providers comply with these requirements.
7.3. We have the right, at any time and without separate notice to you, to:
7.3.1. change, at our discretion, the Websites, the Services or parts thereof, including content, functions and payment methods;
7.3.2. assess the correctness, accuracy and completeness of the login details you have provided and, if we determine that they are misleading or do not comply with the Agreement and/or the law, refuse your registration, delete the Account, block or edit the data and take other necessary measures;
7.3.3. restrict or suspend access to the Websites, the Account or the Services during preventive or technical maintenance. In such case, we may inform you by a general notice on the Website or by other means;
7.3.4. monitor your actions on the Websites in order to prevent breaches of the Agreement or of the law and to ensure the exercise of our rights and the performance of your obligations; and
7.3.5. discontinue the operation of any Website or the provision of the Services.
8. Your other rights and obligations
8.1. You have the right to use the Services in accordance with the procedure set out in the Agreement. When using them, you must act lawfully and must not violate applicable law or the rights of us, other users or third parties. You alone are fully responsible for all actions performed using the Services and for the consequences arising from them.
8.2. You undertake:
8.2.1. to comply with and not to violate the Community Rules;
8.2.2. not to reproduce, copy or use the content of the Websites for text and data mining, or for the development, training, improvement, testing or analysis of artificial intelligence systems or similar purposes;
8.2.3. not to use automated means, including internet robots (bots), data scraping (scraping), indexing or any other type of computer programs designed to copy, process, analyse, store or transfer the content of the Websites;
8.2.4. not to use the Websites, their content or the Services to carry out or advertise competing activities. Competing activity means any activity directly or indirectly competing with the Website, as understood under competition law.
8.3. You have the right to report illegal content on the Websites to us using the functionality provided for that purpose. Reports must be made in good faith – do not abuse them and submit them only in cases where the content is indeed illegal. The Community Rules set out in more detail what we consider illegal content. When submitting a report, you must provide (i) a clear reference to the contested content, (ii) an explanation of why, in your opinion, the content is illegal, and (iii) your name, surname, contact information and other relevant information.
8.4. In accordance with the law and our procedures, we will examine your report, assess whether the content is indeed illegal and, if so, take appropriate measures. If you provide your contact details, we will confirm receipt of the report and, after completing the assessment, inform you of the decision taken.
8.5. Reports submitted by recognised trusted flaggers are examined with priority in accordance with the procedures established by law. The list of trusted flaggers can be found here: https://www.rrt.lt/skaitmeniniu-paslaugu-aktas/patikimi-pranesejai/.
9. Reviews
9.1. On some Websites, you and other persons may submit reviews and ratings. All reviews and ratings must be honest and based on your personal experience. You undertake not to submit misleading or false reviews, including reviews submitted for remuneration, using automated means or otherwise manipulating ratings. In addition, when writing reviews you must comply with the Community Rules and the requirements set out in the Special Terms of the relevant Website.
9.2. We will ensure that reviews can be submitted only by persons who have used the services or purchased the goods, and we will take measures to prevent paid and automated reviews.
9.3. All reviews and ratings you submit are considered your Content, to which the Content provisions apply.
9.4. We may remove, change or restrict reviews if they violate the requirements of applicable law or the Agreement or mislead other users. In such case, if we have your contact details, we will provide a clear explanation of the reasons for our decision.
9.5. Business users about whom a review has been written have the right to submit a response to such review. The response must relate only to the content of the review and comply with the Community Rules.
10. Recommendations
10.1. If a Website uses recommendation or ranking systems by means of which Services are offered to visitors and the content of the Websites is presented, including the arrangement and priority of goods, services, users, reviews or other information, we ensure their transparency. In the Special Terms, we will clearly indicate and explain how such systems work, which main parameters influence the arrangement and priority of content, goods, services, users, reviews or other information, and how you can change or influence these parameters, if such an option is provided.
10.2. If personalised recommendation systems are used, you have the right to choose the order in which content is presented (for example, chronological).
10.3. In cases where the arrangement of content is influenced by paid advertising, sponsorship services or other commercial agreements, such influence will be clearly marked (“advertisement”, “sponsor” or similar) so that it can be distinguished from organic recommendations and rankings. We will also provide information on who commissioned such advertising and the main parameters explaining why the advertising is displayed.
11. Restriction and termination of the Services
11.1. We have the right, at our discretion, to restrict or revoke your ability to use any Website and Service, to stop publishing or to remove your Content, to delete your Account, to prohibit re-registration, to unilaterally terminate the Agreement or to apply other measures if:
11.1.1. you breach this Agreement, or the warranties or confirmations you have provided prove to be or become incorrect or incomplete;
11.1.2. you grossly violate the Community Rules;
11.1.3. you have failed to pay for paid Services in accordance with the procedure set out in the Agreement;
11.1.4. you provide misleading, incorrect or incomplete information when registering or using the Website;
11.1.5. it is necessary due to technical maintenance or update works;
11.1.6. it is necessary to protect our or third parties’ rights and legitimate interests;
11.1.7. it is required by law or by competent authorities;
11.1.8. we reasonably suspect that you pose or may pose a threat to the security or operation of the Website or to the interests of other users;
11.1.9. you frequently provide manifestly illegal Content;
11.1.10. you abuse the reporting system and frequently submit manifestly unfounded reports or complaints;
11.1.11. in other cases specified in the Agreement.
11.2. We will apply restrictions for manifestly illegal Content and manifestly unfounded reports or complaints after giving you prior warning, and when taking a decision we will in each case act in a timely, diligent and objective manner, assessing all facts and circumstances known to us, including the following criteria:
11.2.1. the number of manifestly unfounded reports or complaints submitted within a given period;
11.2.2. the relative proportion of such cases compared to the total number of items of Content or reports submitted within that period;
11.2.3. the gravity of the abuse, including the nature of the illegal Content and its possible consequences;
11.2.4. where it can be established – your intentions.
We provide examples of such assessments in the Community Rules.
11.3. We may apply the measures provided for in this section also where the above conditions arise on another Website operated by us. For example, if you violate the rules of one Website, we have the right to apply the relevant measures both on that specific Website and on other Websites.
11.4. Decisions on restrictions will be taken by a qualified specialist with the necessary experience and knowledge. We will not take decisions solely by automated means.
11.5. The restrictions applied will remain in force until the reasons for and consequences of their application have been eliminated, or until we, having examined your complaint in accordance with the procedure set out in Section 17, recognise it as justified, whichever occurs first. Thereafter, the provision of the Services, if suspended, will be resumed, and access to your Account and to the personal and other data generated through your use of the Services prior to the restriction, if restricted, will be restored, unless we decide to terminate the Agreement under clause 11.1 of the General Terms.
11.6. If we have your contact details, we will inform you before or at the same time as the restriction or suspension takes effect and will provide a clear and specific statement of the reasons for the decision on a durable medium (e.g. by email). Upon receiving such information, you may use the appeal remedies set out in clause 16.1 of the General Terms.
11.7. If the Account is deleted for any reason (including cases where you do so yourself), you lose the ability to use those Services that require registration. In such case, we may, at our discretion, delete all or part of the information in your Account.
11.8. Unless stated otherwise in the Special Terms of a specific Website, money paid is not refunded when restrictions are applied, and the validity period of the Services is not extended or transferred to another Service.
12. Liability and its limitation
12.1. You are fully liable for any damage you cause to us or to third parties while using the Websites or the Services. You undertake to compensate for all losses, costs, damage or other claims incurred by us, our employees, partners or related persons as a result of your actions or omissions, including breaches of the Agreement.
12.2. We do not guarantee that the Websites or the Services will operate without disruptions, without errors, properly, uninterruptedly, on time, completely or without adverse consequences for you or third parties.
12.3. To the maximum extent permitted by law, we are not liable for any damage or losses that may arise from your use of the Website or the Services. If, under applicable law, our liability cannot be fully limited or we cannot be released from liability, it is limited to the amount of EUR 500. In no event are we liable for indirect losses.
13. Term of the Agreement
13.1. Unless the Special Terms of a specific Website provide otherwise, the Agreement on the services of each Website enters into force from the moment you start using that Website or the Services provided on it, e.g. begin browsing the Website or register, and remains in force indefinitely until it is terminated in accordance with the rules set out in this section.
13.2. You have the right to terminate the Agreement and stop using the Services at any time by deleting your Account in accordance with the established procedure. In such case, the fees you have paid are not refunded, except where the law provides otherwise or where the Agreement is terminated through our fault.
13.3. If you materially breach the Agreement (including the cases set out in clause 11.1 of these General Terms), we have the right to terminate the Agreement by giving you 3 days’ notice.
13.4. We may also terminate any Agreement on our own initiative, without fault on your part, by informing you 30 days in advance. We have the right not to observe this notice period and to terminate any Agreement immediately if we are subject to a legal or regulatory obligation to discontinue the provision of the Services to you in a manner that makes it impossible to observe that notice period; or if we exercise a right of termination for an imperative reason under applicable law; or if we can demonstrate that you have repeatedly breached the Agreement.
13.5. The special terms of a specific Website may provide for a minimum period of use of the Services and the consequences of the Agreement ending during that period.
13.6. Upon expiry of the Agreement, you lose the right to use the Services and to access your Account. We have the right, at our discretion, to delete all or part of the information stored in your Account, except where the law requires it to be stored for a longer period.
13.7. Except as provided in clause 11.3 of the General Terms, the expiry of the Agreement in respect of one Website does not affect the agreements in respect of other Websites, if such have been concluded.
13.8. The provisions of this section shall not and may not be construed as limiting consumer rights expressly established in applicable law.
14. Personal data protection and privacy
14.1. We collect and process your personal data in accordance with applicable law and our Privacy Policy.
14.2. Upon receiving a lawful request from a competent judicial or administrative authority to provide specific information about you, we will, without undue delay, transfer the requested data to the extent necessary to comply with the order and in accordance with applicable law.
15. Quality guarantee
We remind you that the quality guarantee for digital content and digital services established by law applies to you.
16. Dispute resolution
16.1. If you have complaints regarding the Services, our decisions to restrict, block or delete an Account, to remove or change Content, to suspend the provision of the Services, to prevent the registration of a new Account or other restrictions applied, you have the right to submit a complaint to us within 6 months from the date of receipt of the decision. You may submit the complaint by email at the address indicated on the specific Website.
16.2. In the complaint, you must provide detailed information supporting your position and, where applicable, attach evidence (links, screenshots, documents). If the information provided is insufficient, we will ask you to supplement it and the time limit for examining the complaint will be extended.
16.3. Upon receiving all the necessary information, we will examine the complaint within 14 days and provide a clear, reasoned and non-discriminatory response. If we recognise the complaint as justified, our decision will be revoked or amended, the provision of the Services, if suspended, will be resumed, and access to your Account and to the personal and other data generated through your use of the Services prior to the restriction, if restricted, will be restored.
16.4. Your complaints will be examined by a qualified specialist with the necessary experience and knowledge. We will not take decisions solely by automated means.
16.5. If you do not agree with our decision, you may apply to any certified out-of-court dispute resolution body (the list of such bodies can be found here: Dispute resolution bodies - European Commission) or, if you use the Websites and Services for consumption purposes, to the State Consumer Rights Protection Authority (Vilniaus g. 25, LT-01402 Vilnius, email [email protected]). This does not preclude your right to defend your infringed rights directly in court.
16.6. We would additionally like to draw your attention to the fact that, in cases where distance selling contracts can be concluded on the Website, you purchase the goods or services not from us but from their seller. Our role in resolving disputes between you and the seller is limited to the intermediation actions described in the Special Terms of the Website.
16.7. Disputes that cannot be resolved in accordance with the procedure described in this section are settled in the courts of the Republic of Lithuania in Vilnius.
17. Amendment of the Agreement
17.1. We may amend these General Terms and other documents of the Agreement. Amendments enter into force after they are published in any form on the Website or after you are otherwise notified (e.g. by email). If you continue to use the Website or the Services after the amendments are published, you are deemed to have agreed to them. If you do not agree to the amendments, notify us. In that case, we will be deemed to have terminated the Agreement in accordance with clause 13.4 of the General Terms, 30 days after the date of receipt of such notice, without separate notice of termination of the Agreement. You may delete your Account and thereby terminate the Agreement with us, as set out in clause 13.2 of the General Terms, without waiting for the end of this period.
17.2. We will give notice of material changes no later than 15 days before they enter into force. If changes are necessary due to legal requirements, to prevent fraud or to ensure security, we may apply a shorter period, providing an explanation. Changes that do not worsen the terms or that relate to new features may enter into force immediately.
18. Final provisions
18.1. The Agreement is governed by the law of the Republic of Lithuania.
18.2. Links on the Websites to third-party websites are provided solely for your convenience. The Agreement does not apply to third-party websites. When you move from the Website to another website or use it, you do so at your own risk. We recommend that you read the terms of use and privacy policy of a third-party website before using it. We are not liable for any losses or damage arising from transactions or actions performed using such websites.
18.3. All notices and information between you and us are transmitted by electronic means: to us – at the addresses indicated in these General Terms or on the Website; to you – at the addresses indicated in your Account.
18.4. Information sent to you electronically is deemed received 3 hours after the moment it is sent. The existence of a copy of an email or other notice on our server or in our database is considered adequate proof that the information was sent.
18.5. We have the right, at any time and without your prior consent, to assign our rights and obligations under this Agreement to third parties, informing you of this on the Website or directly (e.g. by email).