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]
Our designated single point of contact for communication with authorities under Article 11 of the Digital Services Act 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) set out the main 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 and other information provided by recipients of the service (hereinafter – Content), and we also provide other related services. Hereinafter, all such services are referred to as the “Services”. Distance contracts may be concluded on some Websites.
2. Conclusion of the Agreement
2.1. By using any of our Websites, you and we enter into an agreement on the use of that particular 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 a particular 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 a particular Website.
2.2. Please note that for each Website we conclude a separate and independent Agreement, 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 any conflict or inconsistency between the documents of the Agreement, the following order of precedence shall apply 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 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 perform 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 the 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 terms applicable to consumers 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 to conclude the Agreement on behalf of such legal entity.
3. Our Role
3.1. Unless otherwise specified in the Special Terms of a particular Website, we are an information society service provider, we provide intermediary (hosting) services and operate the Websites – online platforms as defined in Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).
3.2. We are not the owner or seller of the goods or services offered on the Website. Although we impose very strict requirements on such persons, to the maximum extent permitted by law we are not responsible for the descriptions and advertising of goods and services or other information provided on the Website, for the legality, quality, safety, labelling, delivery, exchange, return and/or quality guarantee of goods and services, or for whether and how third parties will conclude and perform a sale or service contract; we do not control or ensure their reliability or solvency and are not liable for any damage arising from any of the circumstances specified in this clause. We do not act as an intermediary between you and such a third party in resolving disputes, except in cases expressly provided for by law and in accordance with the procedures set out in the Agreement.
4. Registration and Login Details
4.1. In order 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 particular 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 verify the information provided in the Account (for example, a phone number or email address).
4.4. We have the right, at our discretion, to refuse to allow you to register and/or create 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, fail to provide or confirm additional information when we request it, use or attempt to use data belonging to or related to another person without their consent, have already been removed from the Website or your Account was previously deleted, 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 of the Website, its operation, other users or 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 affiliated with you, endorse you or have granted you any rights or authorisations.
4.6. Throughout the 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 are not liable for any 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), must not disclose them to third parties, and assume responsibility for all actions performed using your login details. In such a case, all obligations and liability shall 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 notice, 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. Where 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 making it possible for other persons to perform or refrain from such actions.
5. Content Requirements
Your Content must comply with the requirements set out in legislation, 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 you provide to us when 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 set out in this Agreement.
6.3. From the moment you upload, transmit or otherwise provide any Content to us, to the maximum extent permitted by law you grant us, 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 manner;
6.3.2. publicly display, broadcast, rebroadcast 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 store 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 specified in clause 6.2 of the General Terms for both commercial and non-commercial purposes and shall not be obliged to pay you or any other persons (including collective management organisations) any remuneration for this.
6.5. From the moment specified in clause 6.2 of the General Terms, you also grant us rights to the image, name, title and private life information of persons appearing in the Content, to the same extent, in the same territory and for the same period as specified in clause 6.2.
6.6. You confirm and warrant that at the time the Content is transferred to us and at all times while the Content is on the Website:
6.6.1. you hold all rights allowing you to grant us the licences and rights specified in the Agreement to the Content and to the personal data or images contained therein;
6.6.2. our use of the Content under the Agreement does not infringe third parties’ intellectual property, privacy, honour, dignity, right to personal data protection or other personal rights;
6.6.3. you have the right to transfer to us, for control and/or processing for the purposes specified in the Agreement and the Privacy Policy, the personal data of persons other than you 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, data concerning health, 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 received or collected while you use the Services, including information about your actions or those of other users (e.g. other visitors), belongs to us, and we may use it in any manner and form, including transferring it to third parties for any purpose. This Agreement does not grant you any intellectual property rights to such information. If such information is nevertheless made available to you on a particular Website or in your Account, this means that we grant you a non-exclusive, limited, non-transferable right (licence) to use such information only (i) for the purposes of using the Services and (ii) only during the term of the Agreement. We also grant you an equivalent licence where you are a consumer and ask us to provide you with 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, 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 above 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 displayed on the Website, it will be clearly marked and recognisable. If the advertising is personalised, we will ensure that (i) the person on whose behalf the advertisement is presented can be identified, (ii) the person who paid for the advertisement can be identified, if different from the person on whose behalf it is presented, and (iii) meaningful information is provided about the main parameters used to select the advertisement and, where applicable, about how to change those parameters. We do not display personalised advertising based on special categories of personal data, and we do not apply profiling to minors where we are aware, or can reasonably be aware, that the user is a minor. We take measures to ensure that advertisers comply with these requirements.
7.3. We have the right at any time, without separate notice to you, to:
7.3.1. change the Websites, the Services or parts thereof at our discretion, including content, functions and payment methods;
7.3.2. assess the correctness, accuracy and completeness of the login details you provide and, if they are found to be misleading or non-compliant with the Agreement and/or the law, refuse to register you, delete the Account, block or edit 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 a 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 the law and to ensure the enforcement of our rights and 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 not infringe applicable law or the rights of us, other users or third parties. You are solely and fully responsible for all actions performed using the Services and for their consequences.
8.2. You undertake:
8.2.1. to comply with and not breach the Community Rules;
8.2.2. not to reproduce, copy or use the content of the Websites for text and data mining, the development, training, improvement, testing and 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 a competing activity. A competing activity means any activity that directly or indirectly competes with the Website within the meaning of competition law.
8.3. You have the right to notify us of illegal content on the Websites using the dedicated functionality or by email at pagalba@autoplius.lt. Notices must be made in good faith – do not abuse them and submit them only where the content is genuinely illegal. The Community Rules set out in more detail what we consider to be illegal content. When submitting a notice, you must provide (i) a clear link to the disputed content, (ii) an explanation of why you consider the content to be illegal, and (iii) your name, surname, contact details and other relevant information.
8.4. In accordance with the law and our procedures, we will examine your notice, 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 notice and, after the assessment, inform you of the decision taken.
8.5. Notices submitted by recognised trusted flaggers are processed with priority in accordance with the procedures established by law. You can find the list of trusted flaggers here: https://www.rrt.lt/skaitmeniniu-paslaugu-aktas/patikimi-pranesejai/. Trusted flaggers may submit notices of illegal content by email to [email protected].
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 those 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 only be submitted 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, modify or restrict reviews if they breach applicable law or the requirements of the Agreement or mislead other users. In such a 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 respond to such a review. The response must relate only to the content of the review and comply with the Community Rules.
10. Recommendations
10.1. Where the Website uses recommender or ranking systems by which Services are offered to visitors and Website content is presented, including the presentation and prioritisation of goods, services, users, reviews or other information, we ensure their transparency. In the Special Terms, we will clearly specify and explain how such systems work, which main parameters influence the presentation and prioritisation of content, goods, services, users, reviews or other information, and how you can change or influence these parameters, where such an option is available.
10.2. Where personalised recommender systems are used, you have the right to choose the order in which content is presented (for example, chronological).
10.3. Where the presentation of content is influenced by paid advertising, sponsorship services or other commercial arrangements, such influence will be clearly marked (“advertisement”, “sponsored” or similar) so that it can be distinguished from organic recommendations and rankings. We will also provide information on who paid for such advertising and the main parameters determining why the advertisement is shown.
11. Restriction and Termination of Services
11.1. We have the right, at our discretion, to restrict or remove your ability to use any Website and Service, stop publishing or remove your Content, delete your Account, prohibit re-registration, unilaterally terminate the Agreement or apply other measures if:
11.1.1. you breach this Agreement or the warranties or confirmations you have given prove to be or become incorrect or incomplete;
11.1.2. you seriously breach the Community Rules;
11.1.3. you have not paid 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. this is necessary due to technical maintenance or upgrade works;
11.1.6. this is necessary to protect our or third parties’ rights and legitimate interests;
11.1.7. this 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 system by frequently submitting manifestly unfounded notices 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 notices or complaints after giving you prior warning, and when making a decision we will in each case act in a timely, diligent and objective manner, taking into account all facts and circumstances known to us, including the following criteria:
11.2.1. the number of manifestly unfounded notices or complaints within a given period;
11.2.2. the relative proportion of such cases compared to the total number of items of Content or notices submitted during that period;
11.2.3. the gravity of the misuse, including the nature of the illegal Content and its possible consequences;
11.2.4. where it can be identified – your intentions.
The Community Rules provide examples of such assessments.
11.3. We may also apply the measures provided for in this section where the above conditions arise on another Website operated by us. For example, if you breach the rules of one Website, we have the right to apply the relevant measures both on that particular Website and on other Websites.
11.4. Decisions on restrictions will be made by a qualified specialist with the necessary experience and knowledge. We will not make decisions solely by automated means.
11.5. The restrictions applied will remain in force until the reasons for and consequences of their application are eliminated, or until we, having examined your complaint in accordance with the procedure set out in Section 17, find it justified, whichever occurs first. Thereafter, the provision of the Services, if suspended, will be resumed, and access to your Account and to personal and other data generated while you used the Services before 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 time the restriction or suspension takes effect and will provide a clear and specific statement of reasons for the decision on a durable medium (e.g. by email). Upon receiving such information, you may use the redress mechanisms set out in clause 16.1 of the General Terms.
11.7. Upon deletion of the Account for any reason (including where you delete it yourself), you lose the ability to use those Services that require registration. In such a case, we may, at our discretion, delete all or part of the information in your Account.
11.8. Unless otherwise specified in the Special Terms of a particular Website, money paid is not refunded after 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 third parties by using the Websites or the Services. You undertake to compensate for all losses, costs, damage or other claims that may arise for 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 disruption, without errors, properly, uninterruptedly, in a timely manner, completely or without negative 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 EUR 500. In no event shall we be liable for indirect losses.
13. Term of the Agreement
13.1. Unless the Special Terms of a particular 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. start browsing the Website or register, and remains in force indefinitely until 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 a case, fees paid by you 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 in 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 giving you 30 days’ notice. 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 terminate the provision of the Services to you in a manner that does not allow us to respect that notice period; or we exercise a right of termination for an imperative reason under applicable law; or we can demonstrate that you have repeatedly breached the Agreement.
13.5. The special terms of a particular Website may provide for a minimum period of use of the Services and the consequences of terminating the Agreement 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 retained for a longer period.
13.7. Except as specified in clause 11.3 of the General Terms, the expiry of the Agreement in respect of one Website does not affect agreements in respect of other Websites, if any have been concluded.
13.8. The provisions of this section do not and may not be interpreted as limiting the rights of consumers expressly established by 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 transfer the requested data without undue delay to the extent necessary to comply with the order and in accordance with applicable law.
15. Quality Guarantee
We remind you that the statutory quality guarantee for digital content and digital services applies to you.
16. Dispute Resolution
16.1. If you have any complaints regarding the Services or our decisions to restrict, block or delete an Account, remove or modify Content, suspend the provision of the Services, 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 a complaint by email to [email protected] or by phone at +370 669 00066.
16.2. In your 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 complaint handling period will be extended.
16.3. Having received all the necessary information, we will examine the complaint within 14 days and provide a clear, reasoned and non-discriminatory response. If we find the complaint justified, our decision will be reversed or amended, the provision of the Services, if suspended, will be resumed, and access to your Account and to personal and other data generated while you used the Services before 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 make decisions solely by automated means.
16.5. If you disagree with our decision, you may contact any certified out-of-court dispute resolution body (you can find their list here: Dispute resolution bodies - European Commission), as well as any out-of-court dispute settlement body under the Digital Services Act (DSA) (you can find their list here: https://digital-strategy.ec.europa.eu/lt/policies/dsa-out-court-dispute-settlement) or, if you use the Websites and the Services for consumer purposes, 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. Please also note that where distance contracts can be concluded on the Website, you purchase goods or services not from us but from their seller. Our role in resolving disputes between you and the seller is limited to the intermediary 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 shall be settled by the courts of the Republic of Lithuania in Vilnius.
17. Amendments to 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 otherwise notified to you (e.g. by email). If you continue to use the Website or the Services after the amendments are published, you are deemed to agree to the amendments. If you do not agree with the amendments, please notify us. In such a case, it will be deemed that we terminate 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 specified in clause 13.2 of the General Terms, without waiting for the end of this period.
17.2. We will notify you of significant amendments no later than 15 days before they enter into force. If the amendments are necessary due to legal requirements, to prevent fraud or to ensure security, we may apply a shorter period, providing an explanation. Amendments 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 to third-party websites on the Websites are provided for your convenience only. The Agreement does not apply to third-party websites. If you navigate 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 carried out using such websites.
18.3. All notices and information between you and us are transmitted electronically: to us – at the addresses specified in these General Terms or on the Website; to you – at the addresses specified in your Account.
18.4. Information sent to you electronically is deemed received 3 hours after it is sent. The presence 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, 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).