Having registered as a user of the KOGUTEENUSED.EE website (hereinafter referred to as the website) or by performing transactions through it, you confirm that:
1) You are familiar with the terms of the User Agreement;
2) You accept and are prepared to comply with the terms of the User Agreement.
A user is any natural or legal person who has successfully registered on the website. By registering the user confirms that he/she has familiarized himself/herself with the terms of the agreement and is prepared to comply with them.
1. User Agreement: Interpretation and Applicable Scope
- 1.1. The User Agreement applies to all legal relationships arising between the customers and the owner of the Valav OÜ website when using services.
- 1.2. The contact details of the owner of the Valav OÜ website (hereinafter referred to as “KOGUTEENUSED.EE”) are as follows:
- 1.2.1. Business Registry Code: 14741935;
- 1.2.2. Address: according to Business Register data;
- 1.2.3. E-mail address: klienditugi@koguteenused.ee.
- 1.3. The services mentioned in paragraph 1.1. of the User Agreement imply that the owner of the website provides the user with an Internet platform for the implementation of various activities.
- 1.4. In addition to the User Agreement, the relations between the website owner and the user shall be regulated by legal acts and current statutory provisions of the Republic of Estonia, as well as by the price list of the website. Safety rules and answers to the most frequently asked questions revealing the mechanism for interaction between the users and the website administration are also published on the site.
- 1.5. If the legal rules and requirements of the current legislation change, some provisions of the User Agreement may become invalid. However, this does not affect the validity of other provisions.
- 1.6. The user and the administration of the site can exchange information in three languages – English, Estonian, and Russian.
- 1.7. The website has been adapted to work in the most common web browsers. The functionality of the website is under the competence of its owner and administration, who make decisions regarding the further development of the project.
2. Terms of Service
- 2.1. The website is a platform where registered users can place information on the provision of services, view offers from other users, participate in orders and start order processes (advertisement for an executor).
- 2.2. The users independently conclude service contracts between themselves and are responsible for the fulfillment of the contract obligations assumed.
- 2.3. Correspondences and confirmation from both parties of consent to the provision of the service through the KOGUTEENUSED.EE website may be evidence of the intention to cooperate.
- 2.4. If the acceptance of the service reveals that the service was rendered poorly or was not rendered at all, or that some kind of fraud was committed, the customer has the right to appeal to the Consumer Protection Board or to the court, as well as to leave feedback for the work done by an executor and report this incident to KOGUTEENUSED.EE. In doing so, we strongly advise you to record the service rendered in bad faith by means of a photo or video, which later can be proof of the mentioned circumstance.
- 2.5. The website does not participate in transactions that are concluded between users, does not represent the interests of the parties and does not act as an intermediary. The website does not assume any obligation to comply with the terms of the concluded agreements and bears no responsibility for transactions to the customer and the executor if the terms of the agreement are violated. Moreover, the website is not responsible for:
- 2.5.1. For the quality of services advertised on the platform;
- 2.5.2. For the accuracy and legality of the information posted on the website by users;
- 2.5.3. For illegal actions of users and incorrect utterances against each other.
- 2.6. The users are entitled to exchange information using the contact details that have been provided in the registration form. The website administration is not liable for the completeness and accuracy of contact information, nor for the content of messages that users send to each other. Furthermore, the administration of the site is not responsible for technical problems that may occur when users communicate, through the fault of the mobile operator or the Internet service provider.
- 2.7. The website and all information posted on its pages are the intellectual property of the owner of KOGUTEENUSED.EE. The user is obliged to respect the copyrights and must make sure that they are not violated before using the content. In case of violation, the user has to compensate for the damage caused and related expenses.
- 2.8. The rules for the use of virtual money on the website are as follows:
- 2.8.1.The User can add money to his/her e-wallet and use it to cover the cost of advertising services on KOGUTEENUSED.EE.
- 2.8.2. The money deposited as a gift to the User's e-wallet from the website can be used solely for the payment of services offered by the website and shall be not payable to the User’s bank account.
- 2.8.3. The refund from the e-wallet to the bank account shall be made upon the User's written request.
- 2.8.4. The minimum amount for the refund of virtual money is 5 (five) euros.
- 2.8.5. The refund from the e-wallet can be requested if the transfer was made not more than 30 (thirty) days ago.
- 2.8.6. The virtual money shall be transferred to the same name and bank account from which the transfer was made.
- 2.8.7. The website may charge a fee of 4.99 euros for transferring money from the e-wallet to the User's current account.
3. Rights and Obligations of the Customer
- 3.1. The customer shall be obliged:
- 3.1.1. to provide truthful personal information, reliable contact details, e-mail address, phone number during registration on the website and in the process of its use. When data changes, the information on the website should be updated at the earliest opportunity;
- 3.1.2. not to use the website to commit unlawful acts, including fraud;
- 3.1.3. to provide reliable information on the services offered on the website;
- 3.1.4. to use data, among others on services, including photos, links, text files, programs, etc., which:
- 3.1.4.1. are accurate and reliable and do not mislead other users;
- 3.1.4.2. do not contain information on services that are prohibited by applicable law;
- 3.1.4.3. do not violate the property and non-property rights of third parties (it is prohibited to use logos, photos and descriptions borrowed from other websites);
- 3.1.4.4. comply with the norms of existing legislation, including those regulating consumer rights;
- 3.1.4.5. do not defy morality or offend the feelings of certain categories of users;
- 3.1.4.6. do not contain malware and malicious applications that may harm users' devices or disrupt the website operation;
- 3.1.4.7. do not contain information on competitive sites or links, unless otherwise provided by an agreement concluded between the user and the administration of the website.
- 3.1.4.8. do not foment discord, discriminate, use obscene language or propagate extremism and violence.
- 3.1.5. to refuse the establishment of databases and lists of other website users, regardless of the purposes for which they are to be used;
- 3.1.6. not to place demands on the website administration if they are contrary to the terms of this User Agreement or are outside the competence of the project administration;
- 3.1.7. to keep the login and password for using the website so that they do not reach third parties, except in the case when the customer voluntarily transfers the right to represent his/her interests on the website to third parties. The user is solely responsible for the safety of his/her login and password, as well as the confidentiality of the data that is posted in the personal account on the website;
- 3.1.8. to change his/her login and password if unauthorized access of third parties to the account is detected. If this is not technically possible, the website administration should be notified of the situation;
- 3.2. When placing an advertisement, the user automatically agrees that he/she:
- 3.2.1. is a legally capable person who is liable for his/her actions on the website;
- 3.2.2. fully complies with the obligations of the existing agreement;
- 3.2.3. knows and agrees that the website administration has the right to process the user's personal data in accordance with Estonian legal regulations and the terms of the KOGUTEENUSED.EE Privacy Policy;
- 3.2.4. is familiar with and accepts the terms and conditions specified in paragraph 1.4 of this User Agreement.
- 3.3. When evidence of non-conformity of services offered by the website is found, the user has the right to appeal to the law enforcement and judicial authorities for the protection of his/her interests.
4. Rights and Obligations of KOGUTEENUSED.EE
- 4.1. Once violations of the KOGUTEENUSED.EE internal policy are detected, the website administration shall have the right to limit or completely terminate the powers of the users in terms of posting and changing the information on the services, as well as closing the published ads. In some cases, a user account may be deleted by the website administration without the right to republication. Such measures shall apply if:
- 4.1.1. the user violates the terms of the current agreement or ignores the contractual obligations assumed;
- 4.1.2. during registration the user provides incorrect registration information, which misleads other users of the website;
- 4.1.3. the user knowingly disseminates through the website false information on services and makes derogatory statements discrediting honour and dignity of other website users;
- 4.1.4. for another good reason.
- 4.2. The website administration shall reserve the right to monitor the actions of users on the site and to use the available information when investigating possible violations within the legal framework.
- 4.3. The website administration shall have the right to transfer ads to other headings in order to improve the efficiency of the site operation. The content of the ads themselves remains unchanged, when doing so.
- 4.4. The website administration shall reserve the right at any time to delete ads and reviews from KOGUTEENUSED.EE, if the information contained in the text violates the applicable legislation, contradicts the website internal policy or the terms of the User Agreement set out in paragraph 1.4.
- 4.5. The website user shall have the right to challenge the decision of the administration of KOGUTEENUSED.EE if his/her account is blocked or deleted. To do this, you must send a corresponding e-mail to klienditugi@koguteenused.ee. After its consideration, the administration of the website shall reserve the right to revise the earlier decision or leave it in force, about which the user will be notified via e-mail.
- 4.6. The website administration shall have the right to bill the user for the services provided according to the price list. The invoice is issued electronically.
- 4.7. If the user decides to early remove the advertisement from publication, the website administration does not refund the remaining balance for the paid period.
5. Terms for Changing the User Agreement
- 5.1. In the interests of the project and in order to improve its operation, the website administration shall reserve the right to unilaterally change the terms of the User Agreement, to modify the price list. The paragraphs of the Agreement regarding security and confidentiality may be also updated if this is due to changes in the current legislation or in order to improve the user security.
- 5.2. The changes referred to in paragraph 5.1 shall come into force immediately after their publication. The website users shall have the right to accept the new terms or refuse the services of the website if they do not agree with these changes. By continuing to use KOGUTEENUSED.EE for the implementation of his/her projects, the user agrees with the changes that have entered into force and cannot make claims to the website administration regarding the innovations.
6. Liability of the Parties
- 6.1. The website administration shall not be liable for:
- 6.1.1. the website malfunctions, incorrect display of information, inaccessibility of the entire website or its particular sections, services;
- 6.1.2. the viruses or malware introduced to the website by third parties or platform users;
- 6.1.3. the deletion of any information by third parties, including ads and personal data, the impossibility of saving information on the site.
- 6.1.4. the false and misleading data, in particular incorrect personal and contact information provided by the users.
- 6.1.5. the distribution of spam and any unwanted e-mails by users to other users without their consent.
- 6.2. The website administration shall not be responsible for violations committed by users and for their contractual obligations.
- 6.3. If the website user perpetrates violations resulting in material costs or a loss of profit to third parties or to the website administration, he/she shall be obliged to compensate for these costs.
- 6.4. The website administration shall not be responsible for the uncontrolled circumstances that led to the site disruption, including natural disasters, riots, armed conflicts, strikes, power cuts, embargo, non-fulfillment of obligations by third parties, governmental actions and restrictions.
7. Duration of the User Agreement and Terms for its Termination
- 7.1. The User Agreement is open-ended and does not require extension.
- 7.2. The website administration shall have the right to unilaterally refuse to fulfill its obligations set by the User Agreement under exceptional circumstances, which are specified in paragraph 4.1 hereof. The reason is the continued impossibility of using the resources of the website by the user. If there is a possibility to eliminate violations, the website administration will provide the user with this opportunity and the time to correct the deficiencies.
- 7.3. The user shall have the right at any time to terminate the agreement without giving reasons and to request the website administration to delete his/her account or to delete his/her account himself/herself. However, in this case all user data and messages will be permanently deleted, the funds held on the balance will be cancelled and will not be refunded, advertisements and other paid services will be stopped without compensation. The user will not be able to restore his/her account or re-register on KOGUTEENUSED.EE.
8. Final Provisions
- 8.1. The legal relationship between the user and the website administration shall be governed by the current legislation of the Republic of Estonia.
- 8.2. In the event of disputes between users or between the user and the website administration, bilateral negotiations shall be held. If no compromise can be reached, further relations between the parties shall be regulated by current legislation with the involvement of specialists from the Consumer Protection Board and consideration of disputed issues through judicial procedures.