Terms of Use
1. General Terms
1.1. Autoportal Platforms OÜ, registry code 17262974, address Harju county, Tallinn, Haigru tn 9, 10615 (hereinafter referred to as Autoportaal), operates the website autoportaal.ee (hereinafter referred to as the Website). The Website is intended for publishing vehicle sale, purchase, and rental advertisements and for using additional services.
1.2. By using the Website, the user is deemed to have read these terms of use (hereinafter referred to as the Terms of Use), understood them, fully agreed to them, and undertaken to comply with them. If the user does not understand the Terms of Use or does not fully agree with them, use of the Website is not permitted.
1.3. By agreeing to the Terms of Use, an indefinite contract (hereinafter referred to as the Contract) is concluded between Autoportaal and the person using the Website (hereinafter referred to as the User). The terms of the Contract are set out in the Terms of Use. The User has the right to terminate the Contract at any time.
1.4. Autoportaal has the right to amend the Terms of Use unilaterally at any time. We will notify the User of any amendments to the Terms of Use 14 days before such amendments take effect via the Website and/or digital channels. If the User continues to use the Website after the Terms of Use have been amended, the User is deemed to have accepted the amendments.
1.5. If the User does not agree with the amendments to the Terms of Use, the User has the right to terminate the Contract with Autoportaal unilaterally before the amendments take effect, provided that the User has first fulfilled all obligations arising from the Contract.
1.6. Upon termination of the Contract by the User, Autoportaal shall not refund any fees paid by the User for any service.
2. Use of the Website
2.1. The Website consists of its functionality and implementation, software source code, and any materials (including texts, images, graphic designs and solutions, videos, etc.) made available to the public in any way or form through the Website or its subdomains, as well as the databases necessary for using the Website.
2.2. Use of the Website means viewing or browsing any material on the Website, posting vehicle sale, purchase, and rental advertisements, and using other services offered through the Website (including services offered by third parties on the Website).
2.3. Published advertisements and other materials may be browsed without creating a user account or logging in. To post advertisements and use additional services, the User must create a user account on the Website and log in.
2.4. To create an account, the User, or in the case of a legal entity User, the User’s legal representative, must be of legal age and have full legal capacity and active legal capacity.
3. User Accounts
3.1. There are two types of user accounts on the Website: a Private Customer Account and a Business Customer Account.
3.2. A Private Customer Account allows the User to post advertisements and use additional services. A Private Customer Account is personal and may only be used by the natural person who created it. The User may not transfer the account to a third party. To create a Private Customer Account, the User must complete the relevant application on the Website. A Private Customer Account may also be created by logging in with a Facebook or Google account.
3.3. When creating a Private Customer Account, the User chooses a username and password. The User may change the password on the Website at any time. The User undertakes to keep the username and password confidential and not disclose them to third parties. If a username or password becomes known to a third party, the User undertakes to notify Autoportaal immediately and change the password.
3.4. A Business Customer Account allows a business customer to post advertisements also via XML connection and to use additional services intended for business customers. A Business Customer Account is created based on the business customer’s request. The person requesting the account on behalf of the business customer confirms that they have all rights and consents necessary to create an account for the legal entity, including the right of representation. To add a person to a Business Customer Account, the employee and/or member of the management body of the company must first create a Private Customer Account, and access to the Business Customer Account is then granted through the Private Customer Account. If Autoportaal and the business customer agree on special terms for using the Website, the Terms of Use shall govern the use of the Website to the extent they are not in conflict with such special terms. If several employees and/or members of the management body of one legal entity wish to use the Business Customer Account, each employee and/or member of the management body shall be added to the Business Customer Account. A Business Customer Account may not be transferred to a third party. In the case of services ordered through a Business Customer Account, the service is deemed to have been ordered by the business customer, and all rights and obligations related to ordering the service arise for the business customer.
3.5. Autoportaal may at any time require the User, or in the case of a Business Customer Account the User’s representative, to verify their identity in a secure manner, including via ID card, Smart-ID, or Mobile-ID.
3.6. Autoportaal has the right at any time to suspend use of an account in part or in full, or to delete an account if the data associated with the account are inaccurate or if the User uses the account in breach of the Terms of Use or in a manner that infringes the rights of a third party or Autoportaal.
3.7. If an account has not been used for 5 consecutive years, Autoportaal has the right to delete it. Before deleting the account, Autoportaal will send the User a corresponding notice.
4. Advertisements
4.1. To post an advertisement, the User must complete the mandatory fields in the advertisement form. All data presented in the advertisement must be accurate, complete, and true. The User is responsible for the accuracy of the submitted data.
4.2. The User confirms that the images, videos, and any other material added to the advertisement relate to the advertised vehicle and that the vehicle corresponds to the quality and other characteristics shown and described in the images, videos, and other materials. The User also confirms that they have all rights necessary to sell and/or rent out the vehicle and to post the advertisement in such form and manner.
4.3. Only one advertisement may be posted for a specific vehicle.
4.4. Links to other websites may not be added to an advertisement.
4.5. The User is prohibited from publishing false or misleading information in an advertisement. The content of the advertisement, including the added images, videos, and any other material, must comply with good morals and applicable legislation.
4.6. It is not permitted to add to an advertisement any information, images, videos, or other material that is illegal, disparaging, offensive, violent, threatening, defamatory, vulgar, obscene, harassing, inciting violence, political in nature, violating the privacy of others, contrary to good morals, or otherwise objectionable.
4.7. If an advertisement does not comply with the requirements set out in the Terms of Use, applicable legislation, or good morals, Autoportaal has the right to remove the advertisement immediately, informing the User thereof.
5. Order of Advertisements
5.1. Advertisements highlighted for a fee are displayed on the homepage.
5.2. Advertisements selected by the User are shown to the User according to the filters selected by the User. If the User does not select any filter, newer and more relevant advertisements are displayed first by default.
6. Fees
6.1. The User is required to pay for paid services on the Website in accordance with the price list displayed on the Website.
6.2. Payment may be made by bank transfer using bank links or by payment card.
6.3. Any advance payment made by the User is non-refundable, including if the vehicle advertised on the Website is sold before the end of the advertisement period or if the User discontinues use of the service.
6.4. By using the Website, the User agrees to the price list. Autoportaal has the right to amend the price list unilaterally at any time. We will notify the User of changes to the price list within a reasonable time before such changes take effect via our Website and/or digital channels. If the User continues to use the Website services after the amendment takes effect, the User is deemed to have accepted the price list amendments.
6.5. If the User does not agree to changes in the price list, the User has the right to terminate the Contract with Autoportaal unilaterally before the amendments or additions take effect, provided that the User has first fulfilled all obligations arising from the Contract.
7. Liability
7.1. Autoportaal is a platform for intermediary services for advertisements and services, meaning that Autoportaal is not responsible for the quality, completeness, or reliability of vehicles bought, sold, or rented through the Website or for additional services.
7.2. Any purchase, sale, or rental agreement concluded in relation to advertisements published through the Website is entered into by the User without Autoportaal’s involvement, and the User is responsible for performance in accordance with such agreement and for all other obligations related to concluding the agreement. Please note that Autoportaal is not a party to any purchase, sale, or rental agreement concluded through an advertisement, and therefore Autoportaal shall in no way or to any extent be liable for obligations arising from such agreements.
7.3. The User uses the Website entirely at their own responsibility. Autoportaal is not responsible for the truthfulness, validity, or legality of information and advertisements entered into the Website by the User.
7.4. The User is responsible for having the necessary technology and internet connection to use the Website. Autoportaal is not responsible for technical problems on the User’s side that may prevent use of the service.
7.5. Autoportaal does not guarantee that the Website will always be available, function uninterrupted at all times, be secure or free from errors, or protected against hacking and other security-reducing intrusions.
7.6. Autoportaal is not responsible for links on the Website that lead to third-party websites or services. If the User accesses a third-party website through such a link, the User does so entirely at their own responsibility. Autoportaal is not responsible for any damage caused by the use of the aforementioned third-party links and services.
7.7. Autoportaal is not liable for any infringement committed by any User against third parties, including infringement of intellectual property rights.
7.8. All actions performed on the Website using the account are deemed to have been performed by the User, meaning that the User is responsible for all consequences of actions performed using the account, including any damage caused.
7.9. The User shall compensate Autoportaal for all costs (including legal costs), damage, and claims arising directly or indirectly from the User’s breach of the Terms of Use or any applicable legal provision.
8. Data and Intellectual Property
8.1. By uploading data and works protected by copyright to the Website, such as images, videos, texts, graphic designs, and any other objects protected by intellectual property rights, such as trademarks, the User grants Autoportaal a free-of-charge licence for 25 (twenty-five) years to use all economic and moral copyright and other similar intellectual property rights relating to such data, works, and any other intellectual property objects (including the right to reproduce, make available to the public, distribute, process, translate, modify, compile, and display them on the Website without indicating the author’s name). Autoportaal has the right, where necessary, to grant sublicences to third parties within the scope of the aforementioned licence. The User retains the right to use and exercise their own rights and to grant simple licences to third parties for the use of such rights.
8.2. The User understands that, pursuant to the licence referred to in the Terms of Use, Autoportaal has the right to use any data and other content uploaded by the User, which may be protected by rights, in any manner and form, and to permit or prohibit such use, including reproducing, distributing, translating, editing, adapting, correcting, modifying, adding to other works, collections, or databases, and making them available to the public (including on social media channels such as Facebook, Instagram, LinkedIn, TikTok, and other similar channels), both during the validity of the Terms of Use and after the end of the validity of the Terms of Use and after the termination of use of the Website services. After the User’s published content has been removed from the Website or after use of the Website services has ended, Autoportaal is not obliged to delete or remove the data published by the User from the aforementioned media channels or from any websites, platforms, or any other similar channels.
8.3. The User confirms that the data and other content, copyrighted works, and objects protected by other intellectual property rights posted by the User on the Website do not infringe the rights of any third party, and that the User owns all relevant rights, including but not limited to copyrights, and/or that the User has obtained all necessary licences to upload the published data and other content to the Website and to grant Autoportaal all rights referred to in the Terms of Use for the use and licensing of such data and other content as described in the Terms of Use. If the confirmation given by the User in this clause proves to be untrue, the User shall be liable in full for any damage caused to Autoportaal and/or third parties and undertakes to release Autoportaal from all legal disputes and claims brought against Autoportaal by a third party due to the fact that the User’s confirmation was wholly or partly incorrect.
8.4. The User grants Autoportaal the right to publish the User’s vehicle advertisements also on websites, platforms, and other similar channels related to the services of Autoportaal’s cooperation partners, for the purpose of promoting the sale or rental of the vehicle specified in the advertisement and facilitating the acquisition of additional customers.
8.5. All copyrights, related rights, including database maker’s rights, and any other intellectual property rights in the Website and related databases belong to Autoportaal. The foregoing includes rights to works forming part of the Website, including software, trademarks, news, messages, texts, and visual, musical, and any other design elements.
8.6. Information, text, images, videos, and graphics found on the Website may be used by the User only for personal, non-commercial purposes, and the Website content may not, without the prior written consent of Autoportaal, be reproduced, modified, transmitted, processed, licensed, or made available to the public in whole or in part for any purpose. The aforementioned acts are unlawful without Autoportaal’s prior written consent and give rise to liability as provided for by applicable legislation.
8.7. If the use of data and other content published on the Website is permitted under applicable law, the User must always correctly refer to the source of the data and other content.
9. Prohibited Content
9.1. Pursuant to Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online, it is prohibited to disseminate terrorist content when using the services of the Website. Such content includes, for example, content that incites the commission of terrorist offences or glorifies them, recruits for terrorist groups, or provides instructions for the manufacture or use of explosives, firearms or other weapons, or noxious or hazardous substances, or other specific methods or techniques for committing or contributing to the commission of a terrorist offence referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541.
9.2. Terrorist content identified by Autoportaal will be removed immediately. Autoportaal will respond to removal orders of competent authorities within one (1) hour. In reviewing and removing content, Autoportaal acts in accordance with the principles of diligence and proportionality. Autoportaal’s main measures for content review and moderation are reviewing user notifications and removing prohibited content.
9.3. To detect terrorist content, Autoportaal may use automated tools, including automatic blocking of advertisements containing terrorist vocabulary. Every case flagged by an automated tool will be reviewed by an Autoportaal employee before a final decision is made.
9.4. In the case of content created for educational, artistic, scientific, or journalistic purposes, we always assess the purpose and context of dissemination.
9.5. After content has been removed, we will notify the user thereof, unless a competent authority has prohibited such notification for reasons of public security.
9.6. Removed content and related data will be securely retained for a minimum of six (6) months. At the request of a competent authority or court, terrorist content will be retained for an additional specified period.
9.7. Pursuant to Regulation (EU) 2021/784, the User has the right to contest a removal decision. To contest a removal decision, the User must submit a complaint to info@autoportaal.ee; the complaint must include information about the removed content and the reasons why the removal decision should be revoked. Autoportaal will review the complaint within 14 days from receipt thereof and will notify the User of its response. If the complaint is upheld, the removed content will be restored immediately. If the complaint is rejected, Autoportaal will provide reasons why the complaint could not be upheld. Autoportaal’s decision does not limit the User’s right to seek protection of their rights in court.
10. Complaints and Their Resolution
10.1. The User has the right to submit a complaint to Autoportaal if:
10.1.1. Autoportaal has allegedly failed to comply with an obligation arising from legislation, which affects the User submitting the complaint;
10.1.2. There are technological problems on the Website directly related to the provision of online intermediation services and affecting the complainant;
10.1.3. Measures taken by Autoportaal or the provider’s conduct, directly related to the provision of online intermediation services, affect the complainant.
10.2. Complaints may be submitted by email to info@autoportaal.ee.
10.3. Autoportaal will review the submitted complaint and respond to the complainant within 7 working days from receipt of the complaint.
10.4. The Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of Estonia.
10.5. All disputes arising from the Terms of Use shall be attempted to be resolved through negotiations. If negotiations do not produce results, the User has the right to обратиться to the Consumer Disputes Committee, the ODR platform at http://ec.europa.eu/odr, or Harju County Court.