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| 1. |
Definitions |
| 1.1. |
Definitions used throughout the Terms of use: |
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1.1.1. |
interinformer – "interinformer", limited liability company registered at Krastupes iela 10-49, Ādaži, Ādažu novads, Rīgas rajons, LV-2164, Latvija, Registration No. 40103193442, VAT No. LV40103193442 |
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1.1.2. |
Portal – an internet resource www.interinformer.com or www.interinformer.eu owned by interinformer |
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1.1.3. |
User – any person using the Portal excluding the Manager |
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1.1.4. |
Seller – a User using the Portal to sell goods or services to other Users |
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1.1.5. |
Buyer – a User using the Portal to buy goods or services from other Users |
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1.1.6. |
Manager – a person managing the Portal and representing interinformer |
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1.1.7. |
Content – any information received from the Portal or submitted to the Portal or passed to third parties using the Portal or received from third parties using the Portal, including but not limited to advertisement. |
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1.1.8. |
User information – data about the User: person identification data, personal information as defined by the Personal Data Protection Law, data provided by the User to the Portal, data automatically collected by the Portal |
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1.1.9. |
Rating – evaluation made by interinformer of how successful the experience of the User was while closing contracts using interinformer, expressed as a number, as text or in another way |
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1.1.10. |
Order – User request to interinformer to provide a paid Content |
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1.1.11. |
Bonus – a discount for the future Orders assigned to the User by interinformer |
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| 2. |
The objectives of Terms of use |
| 2.1. |
The Terms of use settle the relations between interinformer and the User and define their rights, obligations and responsibilities during the provision of interinformer services to the User. |
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| 3. |
interinformer services |
| 3.1. |
interinformer provides intermediary services in order |
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3.1.1. |
for the Buyer to find appropriate Sellers to buy goods or services from |
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3.1.2. |
for the Seller to find appropriate Buyers to sell goods or services to |
| 3.2. |
interinformer provides its services via Portal |
| 3.3. |
interinformer provides as complete Content as possible at the Portal. The Content includes: |
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3.3.1. |
information for the Seller about the Buyer's buying needs, about competitors |
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3.3.2. |
information for the Buyer about Sellers |
| 3.4. |
interinformer provides services on „as is” basis. The essence and the range of services can change without prior notice to the User. |
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| 4. |
Provision of Terms of use |
| 4.1. |
Only the Users who agree to these Terms of use are allowed to use the Portal. The User is not allowed to use the Portal if he/she does not agree with the terms of use. |
| 4.2. |
The User accepts these Terms of use if |
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4.2.1. |
The User is actually using the Portal, either as a registered or an unregistered User |
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4.2.2. |
The User has accepted the Terms of use by placing a mark at the „I've read, understood and accepted the conditions of the agreement” field during registration. |
| 4.3. |
The User must read the actual version of the Terms of use during registration and secure his/her own copy of the Terms of use. |
| 4.4. |
interinformer is allowed to change the Terms of use on its own at any time without prior notice to the User. The changed version comes to force immediately after publication at the Portal. |
| 4.5. |
The User must regularly read the actual version of the Terms of use available at the Portal in order to be aware of the latest version. |
| 4.6. |
The User accepts the newest published version of the Terms of use if he/she continues to use the Portal after publication. |
| 4.7. |
The User can reject the Terms of use by discontinuing the use of the Portal with or without notification to the Manager. |
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| 5. |
User registration and closing the User profile |
| 5.1. |
In order to become a registered User of the Portal the person shall perform registration and accept the Terms of use. |
| 5.2. |
Each person is allowed to perform a single registration at the Portal only, i.e. create a single User profile. |
| 5.3. |
The same User profile must not be used by multiple persons. |
| 5.4. |
The user must provide complete, truthful and actual information during registration at the Portal. The User must provide the data about his/her self only. |
| 5.5. |
The User acknowledges that for providing incomplete or incorrect information he can be subjected to liability according to the civil law, the administrative law or the criminal law. |
| 5.6. |
The User may discontinue the use of the Portal at any time by submitting a free form application to the Manager with a request to close the User profile. Application must be submitted by the User authorized at the Portal only. |
| 5.7. |
The User may discontinue the use of the Portal without notification to interinformer. |
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| 6. |
Interinformer obligations and responsibility |
| 6.1. |
interinformer enables the User to submit a Content to the Portal, to receive a Content from the Portal and to edit User information. |
| 6.2. |
interinformer does not take any responsibility for the Content of the Portal submitted by Users or exchanged between Users via the Portal, as well as for the quality, accuracy and availability of the Content. Legal consequences arising from the publication or transferring of the Content using the Portal lays only on the publisher or the sender of the respective Content. |
| 6.3. |
interinformer does not take any responsibility for the obligations which arise between different Users of the Portal, as well as for the consequences of their communication. All legal relations between Users must be resolved without involving interinformer. |
| 6.4. |
interinformer does not take any responsibility for any loss which arises for the User from the use of Portal or any of the services available at the Portal. |
| 6.5. |
interinformer does not take any responsibility for availability of the Portal, for technical problems associated with the Portal, for any change of User information performed by the User or by any unauthorized person. |
| 6.6. |
When the provision of services to the User is discontinued for whatever reason, interinformer does not take any responsibility for any consequences arising from that fact. In that case the User cannot claim interinformer for any reason. |
| 6.7. |
interinformer does not take any responsibility for unauthorized access to the User profile and for the consequences which may arise. |
| 6.8. |
The Manager is authorized to add, edit or delete the Content of the Portal. |
| 6.9. |
The Manager is authorized to add, edit or delete the Content of the Portal provided by the User, including but not limited to the incomplete or incorrect Content. |
| 6.10. |
interinformer does not take any responsibility for the consequences arising from the interpretation or processing of User Ratings by other persons. |
| 6.11. |
Interinformer does not guarantee that |
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6.11.1. |
Services provided do meet the needs of the User |
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6.11.2. |
Portal operations will be uninterrupted |
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6.11.3. |
Identified defects of the Portal will be corrected |
| 6.12. |
None of the clauses of these Terms of use can violate the consumer rights of the User. |
| 6.13. |
interinformer must ensure a good faith and compliance with legislation when processing User information. |
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| 7. |
User obligations and responsibility |
| 7.1. |
The User must follow the Terms of use when using the Portal. |
| 7.2. |
The User must use the Portal only for the purposes it was designed for. The User is fully responsible for the appropriate and lawful use of the Portal. |
| 7.3. |
The User is fully responsible for the Content he/she submits to the Portal, to the Manager or to other Users via the Portal as well as for consequences of these activities. |
| 7.4. |
The User cannot claim from interinformer for any compensation including but not limited to financial compensation for the Content including but not limited to the User information the User submits to the Portal, passes to the Manger or to other Users at the Portal. interinformer does not have an obligation to pay to the User for the Content. |
| 7.5. |
The User takes full responsibility for the legal, financial and other consequences which arise from the use of the Content received by the User from the Portal. |
| 7.6. |
Any User is prohibited to submit to the Portal, transfer by the means of the Portal to any other person, other Users, the Manager any of the following Content: |
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7.6.1. |
The Content which may harm any other persons' honour or dignity |
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7.6.2. |
The Content which violates any other persons' intellectual rights |
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7.6.3. |
The Content which provokes the aggression, war, genocide, terror, illegal or violent activities |
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7.6.4. |
The Content which provokes racism or ethnic hate or conflicts |
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7.6.5. |
The Content which provokes violation of the public order, breaking the power of authority, destroying the independence of the state, or splitting the territory of the state |
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7.6.6. |
Pornographic or erotic Content |
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7.6.7. |
The Content which can harm the normal operations or security of the Portal |
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7.6.8. |
The Content which violates the rights, freedoms and privacy of any other person and its distribution is prohibited by law. |
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The User acknowledges that for the violation of the rules in this clause he/she might be subjected to responsibility according to the civil, administrative and the criminal law. The Manager has the right to destroy such Content immediately. |
| 7.7. |
The User is prohibited to disclose to any other person the information required to authorize the User at the Portal. |
| 7.8. |
In order to access and use the Portal the User must use the software or interfaces provided by interinformer only. |
| 7.9. |
The User is fully responsible for all activities which happen at the Portal using the User's registered account as well as for consequences which arise from such activities. |
| 7.10. |
The User shall not impersonalize himself or give himself out to be any other person. |
| 7.11. |
If the User learns about any unauthorized use of his/her User profile, he/she must change User authorization information at the Portal and report this issue to the Manager immediately. |
| 7.12. |
The User shall not disclose, duplicate, reproduce, copy or sell to any other person the Content including but not limited to the personal information he/she receives from the Portal as well as his/her User information. |
| 7.13. |
The User shall undertake all activities required to protect interinformer against third party claims related to the use of the Portal. |
| 7.14. |
The User shall not be involved in any activities which may result in disruption of operations or security of the Portal. |
| 7.15. |
The User is fully responsible to interinformer or to any other person, who suffered from violation of the Terms of use, and for the consequences which arise of that. |
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| 8. |
Orders and payments |
| 8.1. |
Acceptance of the Terms of use by the User is a necessary condition for processing his invoices and Orders requested, or payments made by the User. |
| 8.2. |
The Content of the Portal splits into multiple types according to its availability to the User: |
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8.2.1. |
Free Content which is equally available to all Users |
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8.2.2. |
Free Content which is equally available to all registered Users |
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8.2.3. |
Free Content which is available to registered User only and is not available to other Users |
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8.2.4. |
Paid Content which is equally available to registered Users for fee |
| 8.3. |
The Manager has access to all Content. |
| 8.4. |
The User may request interinformer to provide a portion of the paid Content by submitting the Order. |
| 8.5. |
The User acknowledges that the Order of the paid Content is the expression of free will of the User. |
| 8.6. |
The User shall make an advance payment for the Order of the paid Content. The User shall increase his/her account balance at interinformer by transferring the required sum to the bank account of interinformer. |
| 8.7. |
The User can use the amount paid in advance to pay for interinformer services at the Portal only. The advance payments cannot be used by the User to pay for the goods or services provided by third parties. |
| 8.8. |
The User can submit Orders at the Portal to purchase the paid Content for the sum which does not exceed the unused part of the advance payments. |
| 8.9. |
Before accepting the Order for the paid Content from the User interinformer provides a complete information to the User about items included in the Order, delivery conditions, sum, payment method, billing and interinformer details. The User can refuse to submit the Order at this stage. |
| 8.10. |
The User undertakes full responsibility for the correctness of the billing information he/she provides for the Order including but not limited to the first name, last name, company name, registration code, personal id, address, VAT number, contact details. |
| 8.11. |
The Return policy available at the Portal can be applied to each Order of the User. |
| 8.12. |
The User can request interinformer to return the unused part of his/her advance payments by going through authorization at the Portal and submitting a free form application to the Manager. |
| 8.13. |
interinformer has the right to reset to zero the unused part of advance payments made by the User if there are no Orders made by the User at the Portal within the last 6 calendar months. |
| 8.14. |
interinformer has the right to promote the use of the Portal by assigning discounts to the User in the form of Bonuses. |
| 8.15. |
The Bonuses accumulate at the User balance at the Portal. |
| 8.16. |
The User may use the Bonuses to pay for his/her next Orders at the Portal. |
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| 9. |
Data processing |
| 9.1. |
In order to communicate with interinformer, other Users at the Portal, with the Manager, to make Orders, to receive invoices and to consume interinformer services, the User accepts to use the distance means of communications like e-mail, the Portal, phone, fax, voice mail. |
| 9.2. |
The User agrees and confirms that for the means of service provision interinformer may collect and process the following User information |
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9.2.1. |
Information required to identify the User person |
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9.2.2. |
Information required to authorize the User at the Portal |
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9.2.3. |
Information about the buying needs of the User, sales proposals of the User, messages addressed to or received from other Users or the Manager, informational messages |
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9.2.4. |
Information (called cookies) which identifies the browser application of the User in a unique way and makes it possible to personalize the Content of the Portal for the User |
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9.2.5. |
Information about the User authorization requests at the Portal |
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9.2.6. |
History of the User activities at the Portal |
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9.2.7. |
User information required to establish and maintain communication between the Buyer and the Seller and promote execution of sales contract between the Buyer and the Seller |
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9.2.8. |
Other information submitted to the Portal by the User |
| 9.3. |
The User agrees and confirms that for the means of service provision interinformer may pass to other Users of the Portal or to the companies related to interinformer via their capital the following User information |
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9.3.1. |
Information required to identify the User person |
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9.3.2. |
User contact details |
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9.3.3. |
Information about the buying needs of the User, sales proposals of the User, messages addressed to or received from other Users or the Manager, informational messages |
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9.3.4. |
Other information submitted to the Portal by the User |
| 9.4. |
The User accepts and agrees that interinformer collects, processes and displays User Ratings to other Users of the Portal and the Manager. |
| 9.5. |
interinformer processes User information based on the permission provided by the User. |
| 9.6. |
The User accepts and agrees that interinformer processes User information according to the Personal Data Protection Law of the Republic of Latvia, according to other laws of the Republic of Latvia and according to the Privacy policy available at the Portal. |
| 9.7. |
The User confirms that the Content he/she receives from the Portal, including but not limited to other User information will be used according to legislation and for the purposes which meet the essence of the interinformer services only – to establish and maintain communications between the Buyer and the Seller and promote execution of sales contract between the Buyer and the Seller. |
| 9.8. |
The User accepts and agrees to receive messages from interinformer, from other Users of the Portal, from the Manager. |
| 9.9. |
The User confirms he/she has all required rights for the Content to be submitted to the Portal by the User. |
| 9.10. |
The supervisor of the User information is interinformer. |
| 9.11. |
The data operator of the User information is GARM TECHNOLOGIES, Limited liability company registered at Ģertrūdes iela 47-6, Rīga, LV-1011, Latvija, Registration No. 40103120010 |
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| 10. |
Rights for intellectual property |
| 10.1. |
The User acknowledges that interinformer has all rights for the intellectual property of the Portal, including but not limited to the programming code, names, trademarks, domains, logos, independently of whether these are registered or not. The violator may be subjected to the civil, administrative and criminal liability. |
| 10.2. |
The User does not have the right to use the trademarks, logos, names, domains and other attributes of interinformer without additional specific agreement between the User and interinformer. |
| 10.3. |
interinformer grants the rights for the User to use the version of Portal software which is delivered by interinformer only. The Portal software shall be used by the User for the purpose of receiving interinformer services only. |
| 10.4. |
The User shall not transmit to third parties the rights to use the Portal software assigned to the User by interinformer. |
| 10.5. |
The User shall not copy, duplicate, change, reverse engineer, create the derivative copy or by any other means extract the source code of the Portal software or any part of it. |
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| 11. |
Final provisions |
| 11.1. |
Interinformer has the right to discontinue the provision of services to the User under any of the following circumstances: |
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11.1.1. |
The User submits application to discontinue the provision of services according to the Terms of use |
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11.1.2. |
The User violates the Terms of use |
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11.1.3. |
This is required by law |
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11.1.4. |
interinformer has made a decision to discontinue the provision of services in the country of the User |
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11.1.5. |
interinformer finds it commercially unreasonable to continue the provision of services to the User |
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11.1.6. |
because of the restructuring of interinformer |
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11.1.7. |
in other unexpected situations |
| 11.2. |
interinformer has the right to reject the reverse payment of the unused advance payments made by the User and claim from the User the losses arisen if discontinuity of service provision is caused by the User violating the Terms of use. |
| 11.3. |
The Terms of use can be translated to any language. If there is a conflict between different language versions of the same clause then the Latvian version of the clause prevails. |
| 11.4. |
Should any clause of the terms of use become invalid it is removed from the Terms of use. However the removal of an invalid clause does not influence the validity of the remaining clauses. |
| 11.5. |
All disputes between the User and interinformer shall be resolved by the means of negotiations. If negotiations do not resolve the dispute the resolution shall be executed according to the legislation of the Republic of Latvia. |