Terms of Use

 

 

1. General Provisions

 

1.1. Autoportaal OÜ, with registry code 16991323, located at Harju County, Tallinn, Haigru St. 9, 10615, manages the online platform autoportaal.ee (hereinafter referred to as the "Web Platform"). The Web Platform is used for publishing vehicle sale, purchase, and rental advertisements and for accessing additional services.

1.2. By using the Web Platform, the user is considered to have read, understood, agreed to, and committed to follow these terms of use (hereinafter referred to as "Terms of Use").

1.3. By agreeing to these Terms of Use, a non-time-limited agreement (hereinafter referred to as the "Agreement") is concluded between Autoportaal and the person using the Web Platform (hereinafter referred to as the "User"). The terms of the Agreement are contained in the Terms of Use. The User has the right to terminate the Agreement at any time.

1.4. Autoportaal reserves the right to change the Terms of Use unilaterally at any time. The User will be notified of the changes at least 14 days before the changes are made via the Web Platform and/or digital channels. If the User continues to use the Web Platform after the changes, it is considered that the User has accepted the updated Terms of Use.

1.5. If the User does not agree with the changes to the Terms of Use, the User has the right to terminate the Agreement with Autoportaal before the changes come into effect, provided they fulfill all obligations arising from the Agreement.

1.6. Upon termination of the Agreement by the User, Autoportaal will not refund any fees paid for services.

 

2. Use of the Web Platform

 

2.1. The Web Platform consists of any materials (including texts, images, videos, etc.) available through the Web Platform or its subdomains, and databases required for the use of the Web Platform.

2.2. The use of the Web Platform includes viewing and browsing any material on the Web Platform, adding vehicle sale, purchase, and rental ads, and using other services offered by the Web Platform (including third-party services offered through the Web Platform).

2.3. Published ads and other materials can be viewed without creating an account or logging in. To add ads and use additional services, the User must create an account and log in.

2.4. To create an account, the User must be of legal age and have full legal capacity.

 

3. User Accounts

 

3.1. The User can create an account on the Web Platform. There are two types of accounts on the Web Platform: Private User Account and Business User Account.

3.2. The Private User Account allows the User to add ads and use additional services. The Private User Account is personal and intended for use only by the User. The User cannot transfer the account to a third party.

3.3. To create an account, the User must fill out the relevant application form on the Web Platform.

3.4. The Business User Account allows the User to add ads via XML connection and use additional services intended for business clients. To create a Business User Account, the User must fill out the relevant application form on the Web Platform. The person creating the account on behalf of a legal entity confirms that they have all the necessary rights and consents for account creation, including the right to represent the entity. If Autoportaal and the business client agree on specific terms for using the Web Platform, these terms will regulate the use of the Web Platform as long as they do not conflict with the specific terms.

3.5. Users of a Business User Account are employees or management members of the legal entity. If multiple employees and/or management members of the same legal entity wish to use the Business User Account, each user must be added to the account. The Business User Account cannot be transferred to a third party.

3.6. Upon account creation, the User selects a username and password. The User can change the password at any time via the Web Platform. The User agrees to keep the username and password confidential and not share them with third parties. If the username or password becomes known to a third party, the User agrees to immediately notify Autoportaal and change the password.

3.7. Autoportaal may at any time request the User to verify their identity in a secure manner, such as with an ID card, Smart-ID, or Mobile-ID.

3.8. Autoportaal has the right to suspend or delete the account partially or entirely at any time if the data associated with the account is incorrect or the User uses the account in violation of the Terms of Use or in a way that violates the rights of third parties or Autoportaal.

3.9. When using a Business User Account to order services, the User is considered to have ordered the service, and the User acquires the rights and obligations related to the service order.

3.10. If an account has not been used for 5 years, Autoportaal has the right to delete it. Before deleting the account, Autoportaal will notify the User.

 

4. Advertisements

 

4.1. To add an ad, the User must fill in the mandatory fields in the ad form. All information provided in the ad must be accurate, complete, and truthful. The User is responsible for the accuracy of the information provided.

4.2. The User confirms that the images and videos added to the ad are of the vehicle being advertised, and the vehicle matches the quality shown in the images. The User also confirms that they have all the rights to sell and/or rent the vehicle.

4.3. Only one ad can be added for a specific vehicle.

4.4. No links to other websites may be added to the ad.

4.5. The User is prohibited from publishing incorrect or misleading information in the ad. The content of the ad, as well as the images and videos, must adhere to good practices and comply with legal regulations.

4.6. The ad may not contain information, images, or videos that are illegal, defamatory, offensive, violent, threatening, slanderous, vulgar, obscene, inciting violence, infringing on the privacy of others, or otherwise contrary to good practices.

4.7. If an ad does not comply with the Terms of Use, applicable laws, or is in violation of good practices, Autoportaal has the right to remove the ad and inform the User.

 

5. Ad Sorting

 

5.1. Featured ads will be shown to the User for a fee on the homepage.

5.2. Ads selected by the User will be shown according to the filters selected by the User. If no filters are selected, the newest and most relevant ads will be displayed by default.

 

6. Fees

 

6.1. The User is obliged to pay for the Web Platform's paid services according to the price list provided on the Web Platform.

6.2. Payments can be made via bank transfer using bank links or payment cards.

6.3. The User's prepayment is non-refundable, including if the vehicle advertised on the Web Platform is sold before the ad period ends or if the User decides to cancel the service.

6.4. By using the Web Platform, the User agrees to the price list. Autoportaal has the right to change the price list unilaterally at any time. The User will be notified of the price list changes within a reasonable time before the changes take effect through our Web Platform and/or digital channels. If the User continues to use the Web Platform services after the change, it is considered that the User has accepted the updated price list.

6.5. If the User does not agree with the changes to the price list, the User has the right to terminate the Agreement with Autoportaal before the changes or additions come into effect, provided they fulfill all obligations arising from the Agreement.

 

7. Liability

 

7.1. Autoportaal is a platform for advertisements and service mediation, meaning Autoportaal is not responsible for the quality, completeness, or reliability of vehicles bought, sold, or rented via the Web Platform, nor for the additional services.

7.2. The User concludes a purchase, sale, or rental agreement based on an ad published on the Web Platform without Autoportaal’s involvement, and the User is responsible for fulfilling the terms of the agreement and all related circumstances. Autoportaal is not a party to the purchase, sale, or rental agreements concluded through the ads and therefore is not liable for claims arising from such agreements.

7.3. The User uses the Web Platform at their own risk. Autoportaal is not responsible for the truthfulness, validity, or legality of the information entered by the User in the Web Platform.

7.4. The User is responsible for ensuring they have the necessary technology and internet connection to use the Web Platform. Autoportaal is not responsible for technical issues on the User’s side that may prevent the use of the service.

7.5. Autoportaal does not guarantee that the Web Platform will always be accessible, operate without interruptions, be secure, or free from errors, hacking, or other security breaches.

7.6. Autoportaal is not responsible for links on the Web Platform that lead to third-party websites or services. If the User enters a third-party website via a link, it is at the User's own risk. Autoportaal is not responsible for any damage caused by using such third-party links or services.

7.7. Autoportaal is not liable for any violations committed by the User against third parties, including intellectual property violations.

7.8. Any actions taken using the account on the Web Platform are considered to be done by the User, and the User is responsible for the consequences of these actions, including any damage caused.

7.9. The User agrees to compensate Autoportaal for all costs, damages, claims, and expenses (including legal costs) arising directly or indirectly from the User’s violation of the Terms of Use or any applicable legal provisions.

 

8. Intellectual Property Rights

 

8.1. By uploading data (including copyrighted works like images, videos, texts, etc.) to the Web Platform, the User grants Autoportaal a free, non-exclusive license to use the data (including reproduction and distribution) and to exercise the economic rights of the data for the entire duration of copyright protection.

8.2. Autoportaal has the right to use the content submitted by the User in any way, allow or prohibit its use, including reproduction, distribution, translation, editing, adaptation, modification, and sharing on social media platforms such as Facebook, Instagram, LinkedIn, TikTok, and others. This right applies both during and after the validity of the Terms of Use.

8.3. The User confirms that the content posted on the Web Platform does not violate the rights of any third party and that the User has all necessary rights, including intellectual property rights and licenses, to post the data on the Web Platform and grant Autoportaal the right to further use the data as described above.

8.4. The User grants Autoportaal the right to publish vehicle ads on platforms associated with Autoportaal’s partners to promote the sale or rental of the vehicle and acquire additional clients.

8.5. Autoportaal owns all copyrights related to the Web Platform and associated databases, including rights of the database creator. This includes rights to the Web Platform’s content, including software, trademarks, news, messages, texts, and designs.

8.6. The information, texts, images, videos, and graphics found in the Web Environment may only be used by the User for personal, non-commercial purposes. The content of the Web Environment may not be reproduced, modified, transmitted, licensed, or published in any way, either in whole or in part, without the prior written consent of Autoportaal, except for the purpose of viewing. The above actions, without written consent, are unlawful and may result in liability as provided by applicable laws.

8.7. If the use of data published in the Web Environment is permitted by law, the User must always properly reference the source of the data when using it.

 

9.Complaints and Resolution

 

9.1. The User has the right to submit a complaint to Autoportaal if:

9.1.1. Autoportaal has allegedly failed to fulfill its legal obligations affecting the User;

9.1.2. There are technological problems on the Web Platform directly related to the online mediation services affecting the User;

9.1.3. Measures taken by Autoportaal or its behavior related to the provision of online mediation services affect the User.

9.2. Complaints can be submitted by email to info@autoportaal.ee

9.3. Autoportaal will review the complaint and respond to the complainant within 7 working days from receipt.

9.4. These Terms of Use are governed by and interpreted in accordance with the laws of the Republic of Estonia.

9.5. Any disputes arising from the Terms and Conditions will be attempted to be resolved through negotiations. If the negotiations do not yield results, the User has the right to contact the Consumer Disputes Committee, the ODR platform at http://ec.europa.eu/odr, or the Harju County Court.

 

The English version of the Terms of Use is for informational purposes only, and in case of disputes, the Estonian-language terms of use will prevail.