Webzero OÜ, registration code 16804172, address Osmussaare 4, 13811, Tallinn, Republic of Estonia (hereinafter
Autodiiler) manages the Advertisements Web Portal
www.autodiiler.ee (hereinafter "
Web Portal"), which allows users to publish advertisements for new and used vehicles and other items (hereinafter "
objects") for sale, purchase, and lease.
"User" means a natural or legal person who has registered as a user of the Web Portal or uses the Web Portal without creating a separate user account. The terms of use and the rules set forth herein apply to both registered users and persons who use the Web Portal without having a user account. By agreeing to the terms of use and/or using the Web Portal, the User confirms that they have carefully read the terms of use and agrees that the terms of use are binding on the User. By agreeing to the terms of use, they become a binding agreement (the "Agreement") between the User and the Web Portal, which regulates the provision of the Web Portal service.
1. Web Portal Service
1.1. Autodiiler provides users of the Web Portal with a service that allows users to publish advertisements for the sale, purchase, and lease of new and used vehicles and other technical equipment, browse advertisements published on the Web Portal, and use other additional services offered on the Web Portal.
1.2. To publish an advertisement, the User must open a user account on the Web Portal.
1.3. It is possible to publish both private and business advertisements on the Web Portal. An individual advertisement uploaded by an individual, in which one object is sold, is considered a private advertisement. An advertisement uploaded by an individual or company, in which two or more objects are sold, is considered a business advertisement. Autodiiler reserves the right to suspend or remove an advertisement if a business advertisement is added as a private advertisement.
1.4. The advertisement published on the Web Portal becomes active from the moment the payment for the advertisement is made, and becomes inactive when the client pauses/deletes the advertisement or automatically after the prepaid period has passed. The status of the advertisements as active or inactive is regulated by the price list established by the Autodiiler for private and business clients.
1.5. The conclusion of sales, purchases, or lease agreements for vehicles or other items advertised for sale, purchase, or lease on the Web Portal takes place outside the Web Portal. Users enter into agreements with each other and are responsible for the proper fulfillment of the agreements. Autodiiler is not a party to the agreement concluded between the users, nor does it assume any obligations towards the buyer, seller, lessor, or lessee in this regard. Among other things, Autodiiler is not an agent, broker, representative, or reseller of the User who published the sales, purchase, or lease advertisement.
1.6. Through the Web Portal, the Autodiiler only provides a platform for publishing purchase, sales, lease and rent advertisements, and therefore, the Autodiiler is not responsible for the properties and quality of the vehicles, services, etc., sold, purchased, leased or rented on the Web Portal, the accuracy, precision, completeness, or timeliness of the information provided in the advertisement, or the behavior of the Web Portal users.
2. Requirements for Advertisements
2.1. The advertisement uploaded by the User and the User's actions must comply with the requirements set out in paragraphs 2 and 3 of this Agreement. Autodiiler has the right to not publish an advertisement that does not meet the requirements on the Web Portal or to suspend or delete an already published advertisement. Instead of not publishing or deleting it, Autodiilerr has the right, at its discretion (but not the obligation), to modify the advertisement.
2.2. The title of the advertisement published on the Web Portal must describe the object or service (e.g., the name of the object or service) and must not contain links to other web pages. On the page for entering the object's sales advertisement, the fields about the object must be filled in, and the correct seller or lessor contact information must be entered. Use the marking provided for additional equipment. If any additional equipment is missing from the list, add it to the text box at the end of the additional equipment. It is not allowed to include links in the text box of the advertisement that redirect to competing advertisements or auction websites, except for links that direct to the
www.mts.ee and/or
www.wampiiroja.com websites. Additionally, a private advertisement may not include advertisements, logos as images, or phone numbers. It is also prohibited to copy the text of the advertisement from other users' advertisements.
2.3. The User is allowed to publish only one advertisement for the same object or service on the Web Portal. If the User wishes to add a new advertisement for the same object or service, the existing advertisement must be deleted beforehand.
2.4. When changing or updating a published advertisement, it is not allowed to replace the object of the advertisement (i.e., the vehicle or service).
2.5. The User is prohibited from publishing inaccurate or misleading information and false data about the sales or purchase object in the advertisement. Among other things, the published advertisement and its accompanying images or videos must not be offensive, threatening, defamatory, malicious, incite physical or psychological violence, or support illegal activities.
2.6. The User may only publish advertisements on the Web Portal for objects and services for which the User has the right and opportunity to sell. In case of justified suspicion, Autodiiler has the right to delete or suspend advertisements that do not comply with these requirements.
2.7. By uploading copyrighted works (such as images, videos, etc.) protected by the Web Portal, the User grants Autodiiler a free non-exclusive license to use such works, including the right to use the works in any way, to allow and prohibit their use on the Web Portal, to reproduce, distribute, translate, adapt, include works in collections or databases, and to make them available to the public. Autodiiler has the right to replace, improve, delete, or otherwise modify the information or materials submitted at any time at its discretion. By uploading information or materials to the Web Portal, the User confirms that all rights related to the content in question, including copyright, belong to them, and they have all necessary rights to grant the above license.
3. Rights, endorsements and obligations of the User 3.1. If you agree to this Agreement, you will be granted a restricted non-exclusive license to use the Web Portal on the grounds described in this Agreement. You understand and agree that the ownership and right to operate the Web Portal is solely the property of the Autodiiler. You agree that the use of the Web Portal does not give you ownership of any content of the Web Portal.
3.2. The User is obligated to: 3.2.1. Provide complete and truthful information when registering on the Web Portal;
3.2.2. Follow the terms arising from this agreement when using the Web Portal. Among other things, the User understands that the Autodiiler has the right to monitor activities on the Web Portal at any time, including monitoring User actions and using all legal means to detect breaches of the Agreement;
3.2.3. Ensure that the information provided when using the Web Portal (i.e., descriptions of items and objects, photos, videos) is not false, misleading, or inaccurate, does not violate the rights of third parties (including intellectual property rights), and is not contrary to applicable law and good practices;
3.2.4. Pay the fee to the Autodiiler for publishing the advertisement, if provided for;
3.2.5. Ensure that the objects and services presented for sale on the Web Portal are allowed;
3.2.6. Ensure that the photos, files, or any other programs uploaded to the Web Portal do not contain viruses or other computer programs that interfere with, damage, or otherwise disrupt the normal use of the Web Portal and/or that may be stored on the User's computer as a result of using the Web Portal, interfering with, damaging, or otherwise disrupting its normal functioning.
3.3. The User is prohibited from: 3.3.1. Using the Web Portal for fraud or any other illegal purpose;
3.3.2. Encouraging other individuals and Web Portal Users to engage in any illegal actions or participate in them;
3.3.3. Harassing, abusing, insulting, defaming, disparaging, humiliating, threatening, or discriminating based on gender, sexual orientation, religion, ethnic affiliation, race, age, national origin, or disability;
3.3.4. Sending spam;
3.3.5. Using the Web Portal for indecent or immoral purposes;
3.3.6. Uploading or transmitting viruses or any other type of malware that is or may be used in a way that affects the functionality or operation of the Web Portal;
3.3.7. Create or distribute databases or lists of Web Portal users and data for any purpose;
4. Fees 4.1. Depending on the type of advertisement published or the selected additional service, you may be required to pay a fee for the publication of the advertisement according to the price list.
4.2. Business users posting advertisements on the Web Portal for commercial purposes have the opportunity to register partner/car dealship account which allows users to manage the list of cars for sale and apply for montly payment. Business clients are requested to contact us for more detailed information via email at info@autodiiler.ee or by phone at +372 5679 0001.
4.3. The service fee is paid by bank transfer using bank links or a payment card. The advance payment paid by the user will not be refunded, including if the item announced on the portal is sold earlier than the advance payment period ends. The payment methods for advertisements may change over time, and registered customers will be notified of the changes separately in the form of a newsletter. Any changes to the payment model are not retroactive.
4.4. Autodiiler reserves the right to change the amount of the fee for objective reasons, such as changes in tax rates, service charges, maintenance fees, etc.
4.5. Autodiiler reserves the right to forward deliberately unpaid service invoices for processing to debt collection agencies and/or demand payment of the invoices by applying for official payment order in expedited proceedings from the Payment Order Department of Pärnu County Court. This provides a further basis to directly contact a bailiff to initiate enforcement proceedings against the debtor.
4.6. Autodiiler reserves the right to refuse monthly billing with a company whose previous financial behavior is not correct or who has active payment problems mentioned at e-krediidiinfo.ee portal except if the company agrees to make a prepayment.
5. Liability and Compensation for Damages 5.1. Content, service, or functions related to or made available through the Web Portal are provided "as is" and "as available," without any express or implied warranty. The Autodiiler disclaims all warranties to the extent permissible under applicable law.
5.2. Autodiiler does not guarantee that the Web Portal is compatible with any hardware or software you use, is always accessible, available at any specific time, operates uninterrupted at all times, is secure, or free from errors, meets any of your needs, or is free from viruses, disruptions, protected from hacking, or any other intrusion reducing security.
5.3. Autodiiler is not liable, among other things, for the following circumstances:
5.3.1. Any interruption, cessation, pause, or other unavailability of the Web Portal or the service provided there;
5.3.2. Any program errors, viruses, Trojan horses, etc., that anyone may transmit to the Web Portal or the service provided there or through them,
5.3.3. Any deletion of content or data or the inability to save content or data;
5.3.4. Any disclosure, loss, or unauthorized use of login credentials because you have not maintained the confidentiality of your credentials;
5.3.5. Incompatibility of technical means used to access the Web Portal.
5.4. Autodiiler is not liable for any infringement committed by the Web Portal user against third parties, including infringement of intellectual property rights.
5.5. As a Web Portal User, you agree to indemnify us for all costs, damages, claims, and expenses (including legal fees) arising directly or indirectly from your breach of the Agreement or any applicable statutory provisions.
5.6. Autodiiler is not responsible for the truthfulness and legality of the information and advertisements posted by the User. In this respect, Autodiiler is not responsible for the quality or quantity of the object/service presented in the advertisement.
6.
Deadline, Suspension of Right to Use, Termination of Contract 6.1. This Agreement is valid indefinitely.
6.2. Autodiiler has the right to restrict or suspend the User's access to the Web Portal. In the event of suspension or restriction of access, Autodiiler undertakes to justify in writing to the User the reasons for suspending or restricting the use of the Web Portal before it takes effect. If the Web Portal cancels the User's access to the Web Portal, Autodiiler will provide the User with a written explanation of the reasons for the termination of the right to use 30 days before the termination of the right to use. Autodiiler is not obliged to comply with the aforementioned deadline for terminating access to the Web Portal if:
6.2.1. Autodiiler is subject to a legally binding obligation requiring it to terminate the provision of services through the Web Portal or relies on the law to terminate the right to use;
6.2.2. The user has repeatedly violated the Agreement, i.e. failed to pay invoices for the services he has consumed on the Autodiiler Web Portal.
6.3. Both the Web Portal and the User have the right to terminate the Agreement regularly by sending a notice to the other party. In this case, Autodiiler will delete the User's user account and active sales and rental advertisements (if any). Upon termination of the Agreement, the fees paid in advance for posting the advertisement will not be refunded.
6.4. Autodiiler has the right to terminate the Agreement exceptionally by sending a notice to the User if the User has materially breached the Agreement or has not remedied any breach of the Agreement within 10 days after receiving the relevant notice from the Autodiiler.
Miscellaneous 7.1. Autodiiler reserves the right to amend or supplement the terms of this Agreement at any time.
7.2. The fact that the Autodiiler does not require the fulfillment of any provision or does not exercise any of its rights arising from the Agreement does not mean that the Autodiiler waives the right to demand the fulfillment of that provision or to use the right in the future.
7.3. This Agreement is governed by the laws of the Republic of Estonia.
7.4. The User has the right to file a complaint with the Autodiiler if:
7.4.1. The User has reason to believe that the Autodiiler is violating the obligations arising from legal acts to him/her and the violation directly affects the complainant's rights;
7.4.2. Technological problems occur in the use of the Web Portal and these problems affect the complainant;
7.4.3. Autodiiler has unreasonably restricted the User's rights or acted unfairly towards the User.
7.5. The User can submit a complaint/claim to the email address info@autodiiler.ee. The complaint must indicate the complainant's name, email address, and the content of the complaint. The Autodiiler will review the complaint within 5 (five) working days from the receipt thereof and will then inform the complainant of the results of the internal complaint handling process. Due to the complexity of the complaint, the Autodiiler may extend the deadline for responding to the complaint by more 5 days.
7.6. Disputes arising from the use of the Web Portal will be attempted to be resolved through negotiations. In the absence of an agreement, the User has the right to apply to the Consumer Disputes Committee, the ODR platform at
http://ec.europa.eu/odr, or the Harju County Court.