The users of the Deviceinformed.com website shall agree to be bound by the following Terms and Conditions of Use (hereinafter “Terms”).
1. Scope, applicability and interpretation of Terms
1.2. A part of the Website’s Services are provided to the User for a fee (hereinafter “Paid Services”). The Paid Services are described and listed in the Website along with their prices in their according pages. From now on the term “Services” will refer to all Services, including Paid Services, while the term “Paid Services” will include only those Services for which the User pays a fee.
1.3. These terms and conditions of use are governed by Lithuanian law.
1.4. If any provision of the Terms is held to be invalid due to a conflict with legal provisions, this shall not affect the validity of the remaining provisions.
2. General conditions
2.1. The Company offers its Users a virtual location, i.e., the Website where the Users can advertise, make offers for purchase/sale of things/services and use other Services.
2.2. The Company shall not be a party to any purchase and sale contracts between Users and the Users shall be responsible for the performance of such contracts.
2.3. The Company reserves the right to modify the design and contents of the Website in keeping with good practice and the principle of reasonability.
2.4. Messages and information shall be exchanged between the User and the Company in an electronic form using the contact details indicated in these Terms or in the Website, unless otherwise provided in these Terms.
3. Obligations and declarations of Users
3.1. Refrain from using the Website for illegal transactions and/or fraud.
3.2. Ensure that any data submitted by the User in the course of using the Website, including but not limited to electronic data (i.e., files, applications, e-mails, etc.) and the User’s contact details (name, telephone numbers, e-mail addresses, etc.) (“User Information”):
3.2.1. are not misleading, inaccurate and/or incorrect;
3.2.2. do not include advertisement or offers of purchase/sale of things/services, which are prohibited or subject to restricted commerce;
3.2.3. do not infringe on any third party intellectual property rights or any other proprietary and/or moral rights of third parties;
3.2.4. are not in conflict with laws or any other applicable legal provisions (including but not limited to legal provisions governing consumer protection, competition, transfer/provision of things/services);
3.2.5. are not in conflict with good manners;
3.2.6. do not contain any viruses or other computer applications or files, which could hamper, damage or otherwise interfere with normal use of the Website or which could be saved in a User’s computer as a result of using the Website and/or hamper, damage or otherwise interfere with its normal operation or, after being saved by a User in the User’s computer, could hamper, damage or otherwise interfere with its normal operation.
3.3. Ensure that the password and username specified for the use of the Website are not disclosed to any third parties, except where a User has authorised such third parties to represent the User in the use of the Services.
3.4. Notify the Company immediately by e-mail in case of:
3.4.1. any changes in details and circumstances in comparison to those submitted at the time of registration as a User of the Website;
3.4.2. loss or disclosure to third parties of the password and/or username specified for the use of the Website.
3.5. By making any operations on the Website, the User declares that the User is:
3.5.1. either a natural person of at least 18 years of age, with active legal capacity pursuant to the legislation of the Republic of Lithuania; or
3.5.2. a properly registered legal person whose representative has the required authority to use the Website for and on behalf of the legal person, to act on behalf of the legal person and to assume obligations for the legal person.
3.6. The intent of the User and the Company in agreeing to the Terms is not to create any other legal relationships beyond those expressly specified in the Terms.
3.7. Pay for the Paid Services accordingly to terms and conditions specified in Website.
3.8. The User shall properly comply with all requirements specified in clauses 3.1-3.7.
4. Rights and obligations of the Company
4.1. The Company shall have the right to restrict or cancel at its own discretion a User’s right to use the Website if:
4.1.1. the User fails to comply with the obligations arising from the Terms;
4.1.2. the User’s declarations according to the Terms are misleading and/or false;
4.1.3. the User has submitted false, misleading or inaccurate information upon registration as a User of the Website or in the course of using the Website.
4.2. The Company shall at any time have the right to monitor the activity on the Website, including but not limited to advertisement or purchase/sale offers made by Users of the Website. The Company may carry out investigations regarding any alleged infringements of the Terms, using any lawful means for this purpose.
4.3. The Company shall at any time have the right to remove advertisement or offers from the Website if such advertisement or offers are in conflict with the Terms, good practice or applicable legislation. In addition, in the interests of improving usability of the Website, the Company shall at any time have the right to relocate data of advertisement or offers entered by Users of the Website within the Website, without changing the content of such advertisement or offers.
4.4. The Company reserves the right to close the Website (or some of its services) at any time with prior notice of thirty (30) days before closure takes effect.
5. Paid Services
5.2. The User understands and agrees that Paid Services can only be provided after the User pays the Company for the Paid Services according to the proper procedure indicated in the Website. The Company reserves the right to unilaterally change the size of the fee and payment procedure for any Paid Services.
5.3. Restricting or suspending the User’s access to Paid Services or on the occurrence that the User has not received Paid Services in a timely manner for reasons other than a violation of these Terms or cases referred to in the rule 5.4, the Company, at the User’s request, is obligated to extend the provision of Paid Services for the period during which the Paid Services were not provided, or to provide, free of charge, Paid Services that are analogous to the unprovided Paid Services (If the Paid Services are not continuous in nature).
5.4. The Company reserves the right to limit or terminate the provision of Services during maintenance work for an indefinite period of time. In this case the User is informed, not less than an hour before the start of the maintenance, about the maintenance work with a message (depending on the Services used by the User, he/she will be informed by email and/or a different medium). In this case the Company may, but is not obliged to, extend the provision of Paid Services for the User for the period during which the Paid Services were not provided, or to provide, free of charge, Paid Services that are analogous to the unprovided Paid Services (If the Paid Services are not continuous in nature).
6. Privacy and personal data protection policy
6.1. The Company processes personal data that the Users provide when signing up as a User of the Website and while using it.
6.2. The User shall agree to the processing of the personal data to the extent described in these Terms. The User may, at any time, withdraw the agreement for the processing of personal data by the Company, request the processing of personal data to be stopped and the personal data collected to be deleted or closed, as well as the User account to be closed. The withdrawal of the agreement shall have no retroactive effect.
6.3. The Company collects and records personal data in an electronic form, making extracts of the data also in other forms where necessary.
6.4. The Company processes personal data in order to ensure the quality and availability of the Services, as well as to expand, improve, personalise and in another way develop the Services.
6.5. The Company shall not share or disclose the personal data with third parties, apart from the cases set out in these Terms or in accordance with the applicable law requirements.
6.6. The Company may also share the Users personal data if the User has failed to pay the Company for services provided in due time with a person engaged in the recovery of debts and with the operators providing information about settlement failures, who can process the data in order for a credit decision to be made in the settlement failure register administered by the relevant person.
6.7. The User can submit a relevant request to the Company email address indicated in these Terms in order to obtain the data about the User that is contained in the Company database.
6.8. The User may specify and modify his/her personal data.
7.1. The User grants the Company the non-exclusive, worldwide right and free use of its brand names, logos, trading name and any other content included in the Website advertisement allowing the Company to reproduce, publish and disseminate them on the Website, on the websites of its partners and on third party websites. This right is granted for the entire period the advertisement is published in the Website.
7.2. The User that has an advertisement in the Website guarantees that they hold all the rights authorizing them to grant the Company the above-mentioned rights and guarantees that they do not prejudice the rights of any third party.
8. Intellectual property rights
8.1. All editorial elements and content of the Website (notably trademarks, texts, graphics, logos, animations, database etc.) are the exclusive property of the Company, with the exception of elements contributed by the Company partners or other sites accessible via the Website.
8.2. All rights of reproduction or representations of the Website are reserved for all countries and for all media, present and/or future.
8.3. The User acknowledges that the downloading of information from the Website for the purposes of constituting a database, is prohibited.
8.4. With regard to the database making up the Website and its associated services, the User acknowledges and accepts that the data comprised therein is legally protected and shall refrain from:
8.4.1. extracting, reusing, storing, reproducing, representing or stocking, directly or indirectly, in any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the databases on the Website and any of its associated services,
8.4.2. systematically and repeatedly extracting or reusing any qualitatively or quantitatively non-substantial part of the contents of the databases on the Website and its associated services, that are accessed during operations that obviously go beyond the normal terms and conditions of use of Service.
9.1. The User that has an advertisement or offer in the Website is fully responsible for the contents to which he/she gives access via the advertisements or offers put online in the Website and/or links to exterior sites.
9.2. Insofar as the Company is unable to monitor all the content of the Internet sites linked to the Website, the User acknowledges that the Company may not be held responsible for any products, services and/or information available on and/or from such Internet site.
9.3. The Company may not be held liable for any direct or indirect damage that may arise from the use of the Website for any reason whatsoever.
9.4. The Company declines all responsibility for the malfunction of the Website, for incompatible operation in conjunction with any other product, hardware or software and/or any possible loss or distortion of data.
9.5. Some Website pages contain links to other external Internet pages that have no partnership with the Company.
9.6. The Company may not under any circumstances be held responsible for the exchanges between Users and companies present on the Website or for any future business relationship that may be established between them, the Company being a third party in these relationships.
9.7. In any case, the Company’s liability for the use of the Website shall be strictly limited to the amount of one hundred euros (100 €).
10.1. The Company is unable to offer any absolute guarantee of security, insofar as the Internet is an open network that is, by its very nature, sensitive to risk.
10.2. The Company may not be held liable in the event of a malfunction in the exterior network.
10.3. Under no circumstances shall the liability of the Company be invoked for any prejudice and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction of any kind, from the suspension and/or termination of the connection to the Website.
10.4. The User of the Website hereby declares that he/she is aware of the said risks and accepts them.
11. Force Majeure
11.1. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under these Terms or any related contract between the Company and User that is caused by any act, event, non-happening, omission or accident beyond reasonable control ("Force Majeure Event"), including (without limitation) the following:
11.1.1. strikes, lock-outs or other industrial action;
11.1.2. civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.1.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.1.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
11.1.5. interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
11.1.6. the acts, decrees, legislation, regulations or restrictions of any government.
11.2. The Company's performance under any Terms or any related contract between the Company and User is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance during that period. The Company will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the Company’s obligations under the Terms or any related contract between the Company and User may be performed despite the Force Majeure Event.
12. Effective date and period of validity of the terms and conditions of use
12.1. The Terms apply from the moment the User logs onto the Website.
12.2. The Company shall at any time have the right to make unilateral amendments and supplementations to the Terms in connection with the development of the Website and the Services and in the interests of increased usability and security.
12.2.1. In this event, the modifications made shall become immediately effective from the moment that they are put online.
13. Attribution of jurisdiction – settlement of disputes
13.1. In the event of any major dispute between the User and the Company, the parties agree to seek an amicable solution. Failing this, the Court in Lithuania shall be granted jurisdiction.