Terms of Service
Terms of Service
General Provisions
These Terms of Service regulate the rights and obligations related to the use of AutoDiler.me service (hereinafter: Service). The Service represents an information society service provided by the company WebLab d.o.o., Jovana Tomaševića 1, 85000 Bar, Montenegro, PIB: 03007448 (hereinafter: Company).
These Terms of Service constitute an integral part of the Service and represent the provisions of the contract concluded between the Company and each individual user of the Service. The Company enables the use of the Service by natural and legal persons, exclusively in the manner and under the conditions described in these Terms of Service, in the manner and under the conditions under which the information society service is provided.
By accessing and using the Company's Service, users agree to the Terms of Service, thus concluding an access contract with the Company as a provider of information society services. These Terms of Service apply to every access to the Service content.
The Company's business operations through this Service are regulated by the Law on Electronic Commerce, Law on Obligations, Law on Advertising, Law on Copyright and Related Rights, Law on Trademarks, Law on Personal Data Protection, Law on Consumer Protection, as well as other regulations of the legal system of Montenegro.
The Company is committed to preserving and applying the rights of personal data protection enjoyed by natural persons, as well as copyright rights, and in everything according to the rules of the information profession, good business practices and in accordance with the valid regulations of Montenegro.
Service Integrity and Description
The Service is intended for advertising a wide range of products and services such as: vehicles, vessels, motorcycles, bicycles, auto parts and equipment and other categories. Content intended to inform users about topics from various fields is also available on the Service.
Any use of the Service that is not in accordance with the Terms of Service will be considered abuse of the services provided by the Company and violation of the Terms of Service.
The Company transmits electronic messages that have been submitted to it by users of information society services, but in no way: does not initiate their transmission, does not select data or documents being transmitted, does not exclude or modify data in the content of messages or documents, nor does it select the recipient of the transmission.
The Service enables users to access content that has arisen from the aggregation of publicly available data, as well as content posted by users, exclusively without any charge.
The Company reserves the right to modify, abolish (either temporarily or permanently) any element of the Service, services it provides, as well as content related to those elements, without prior approval or notification, applying good business practices.
All time specifications and deadlines displayed through the Service, as well as time zone and working days are calculated according to the valid regulations of Montenegro.
Copyright
The Company has exclusive copyright and intellectual property rights to the Service, as well as to all individual elements that constitute it, such as: text, visual and audio elements, visual identity, data and databases, program code and other service elements, of which it is the author.
Unauthorized use of any part of the Service, or the Service as a whole, without express prior permission in written form issued by the Company as the holder of exclusive copyright, will be considered a violation of the Company's copyright and subject to initiation of all proceedings in full legal measure.
The Service may also contain elements on which other parties have exclusive copyright, trademark and other intellectual property rights, such as content of Service users, content of business partners, advertisers and similar. Other parties have exclusive responsibility for the content on which they are holders of those rights, regardless of the fact that such content is located on the Company's Service.
Users
Users of services provided by the Company through the Service are considered both visitors and registered users.
Visitor
A visitor is a person who accesses the Service via the Internet within the meaning of these Terms of Service, without logging in or registering on the Service. A visitor can familiarize themselves with the available content on the Service, without paying any fee.
Registered User
A registered user is a legal or natural person who has registered on the Service under the conditions and in the manner from these Terms of Service. Registration on the Service is free and available to all visitors.
During registration, it is necessary for a natural person to fill out a form with personal data. This data is used in accordance with the Law on Personal Data Protection as well as with the Privacy Notice that is highlighted on the Service.
Registration on the Service for legal entities and entrepreneurs is available to all duly registered business entities. During registration, it is necessary for the business entity to fill out a form with data about the legal entity. This data remains in the records of the Company and legal entities in which the Company has majority ownership and will not be used for other purposes, except for the purpose of exercising rights and obligations from these Terms of Service.
Registered users can advertise sales as sellers of their own products or traders who deal in various items and services.
By posting content on the Service, the registered user unconditionally and irrevocably authorizes the Company to transmit the content to an unlimited number of persons.
By registering on the Service, users receive the following capabilities:
- Ability to post advertisement messages
- Ability to deactivate profile
- Ability to delete profile
The Service enables a registered user to, if they believe that someone is misusing the user's data and contacting the user for other reasons, notify the Company about it via the address: info@autodiler.me.
Advertising and Advertisement Messages
The transmitter of advertisement messages is the Company which is a provider of information society services and provides advertising services exclusively via the Internet.
For the content, accuracy and correctness, as well as validity of the advertisement message, responsibility lies exclusively with the person who entered the advertisement message. For all legal consequences that arise from entering an advertisement message, responsibility lies exclusively with the person who entered the advertisement message on the Service.
The Company reserves the right not to publish content that violates the provisions of Montenegrin law, especially the Law on Advertising. The Company may at any time reject the posting of any advertisement message that violates the provisions of the Law or these Terms of Service.
By transmitting advertisement messages, the Company does not mediate in the transfer of ownership over products or services. The conclusion of a contract by which some right on a product or service is transferred is within the competence of the person who undertakes such legal transaction. Also, by transmitting advertisement messages, the Company in no way determines or influences the content of any eventual contract on the transfer of rights on a product or service that the contracting parties conclude independently.
Posting Advertisement Messages - Advertisements
Registered users who advertise a product or service deliver the advertisement via forms for posting advertisements on the Service. The user is obliged to properly fill out all mandatory fields from the form for posting advertisements when posting an advertisement message.
In case it is necessary to additionally agree on the advertisement text or payment method before publishing the advertisement, or to make a certain payment, advertisements will in that case be published immediately after agreement or payment execution.
Persons who may have outstanding monetary obligations to the Company acquire the right to publish advertisements after recording the settlement of those obligations.
In case a Service User claims that a product or service (advertised through the Service) meets certain conditions, the Company has the right to collect necessary evidence in electronic form, in order to consider the Service User's claim. If the Service User is not able to document their claim, the Company reserves the right to deny them free advertising on this or all platforms managed by the Company.
The Company, in accordance with its own business policy, which is equally applied to all Users, limits the number of free advertisements available to each individual User.
If it happens that a User rents a package of Service services (which they intend to use over a longer period of time), that User is protected from eventual changes in advertisement prices during the contract period only if that is stated in the signed advertising service contract.
Ratings and Comments
Users can post and publish their own content, comments and ratings.
Users have the ability to post ratings from 1 to 5 stars. The Company reserves the discretionary right to cancel assigned ratings, as well as the right not to cancel a rating in each individual situation.
By agreement with the Company, visitors have the ability to post content in the form of comments within the Tips and News section. Registered users have the ability to post content within the Guest Book, Tips and News section, as well as when using the "Rate Seller" functionality.
Payment of Service Prices and Refund of Funds
The Company provides certain information society services for fees according to the Price List. Fees are due for payment upon delivery of the appropriate payment notice (invoice, bill) within the specified deadlines.
The Company's Price List is an integral part of these Terms of Service. The Company reserves the right to modify the Price List at any time.
When ordering advertisements, the payment of which is made by credit cards, to a User who has not provided all necessary documentation for advertisement publication, or the same is not in accordance with the Terms of Service, and has made payment for the same via credit card, the Company will initiate a refund of reserved funds at the bank, but cannot guarantee the refund period of these funds considering that the same is within the competence of the bank that owns the credit card used for payment. Data security during purchase is guaranteed by the credit card processor, so the complete billing process is performed on the bank's pages.
If there has been no cooperation between the Company and the User, and funds have been withdrawn from the card, the Company will initiate a refund of charged funds at its bank but cannot influence the refund period which depends exclusively on the bank that owns the card used to pay for the advertisement.
In cases where it is necessary to execute a refund of paid funds to a Service User who is a natural person, it is necessary for the User to provide the Company with their personal ID number for the stated purpose.
"Paid Advertisement" Promotion
When a user pays for the "Paid Advertisement" promotion, the payment relates exclusively to the vehicle advertisement for which the promotion is activated. During the promotion period, the user may not change photographs, data, or any other information in the advertisement for another vehicle. In case the user modifies the advertisement and enters data about another vehicle, the Site Administration reserves the right to cancel the promotion without refund of funds.
Notification
The User is notified that the Company may periodically send notifications related to the Service content, notifications concerning the functioning of the Service, Company news, as well as other notifications and marketing promotions of this type through usual communication channels such as, but not limited to: Viber messages, SMS messages, e-mail messages and similar.
Guidelines
Registered users undertake to respect the Guidelines listed here when creating content.
The Company has the right, but not the obligation, to remove or not publish content that any registered user posts on the Service without notification, especially if that content, according to the Company's discretionary assessment, includes (but is not limited to):
- entering content in wrong sections (e.g. entering phone number in a field not intended for that)
- incorrect categorization of content (e.g. posting advertisements that are not relevant to the category in which they are advertised)
- if it is a duplicate advertisement (identical advertisement published multiple times, advertising the same product or service only under modified conditions)
- when the subject of advertising is purchase or buyback
- by entering incorrect photographs in the advertisement (e.g. poor quality; with subsequently added contact phone, logo of another website or company, sold text and similar)
- when one advertisement contains multiple items or services for advertising
- openly offensive content, or content that promotes racism, intolerance, hatred, or physical injury of any kind, which is directed at any group, or individual
- harasses, or promotes harassment of another person
- exploits people in a sexual, or violent manner
- contains nudity, excessive violence, or offensive content, or contains a link to adult websites
- seeks personal information from persons under 18 years of age
- publicly publishes information that represents, or creates a risk to the privacy, or security of any person
- contains, or promotes information that you know to be inaccurate, or that leads to incorrect conclusions, or promotes unauthorized activities, or whose content is offensive, intimidating, full of threats, indecent, or defamatory
- contains, or promotes unauthorized, or unauthorized copy of another person's protected work
- includes transmission of unwanted mail, circular letters, or mass mail, instant messages, i.e. "spam"
- contains pages with limited access, or pages that can only be accessed with the help of a password, or hidden pages, or photographs (those that are not connected to other pages)
- encourages, or promotes criminal activities, or business, or provides instructions for carrying out unauthorized activities, including, but not limited to making, or purchasing illegal weapons, violating someone's privacy, or finding, or creating computer viruses
- seeks passwords, or information that personally identifies you for commercial, or unauthorized purposes from other users
- includes other commercial activities and/or sales outside the purpose of the Service, without prior written consent of the Company such as competitions, lottery with prizes in goods and services, or pyramid schemes
- includes a photograph, or video recording of another person that you have published without that person's consent, or
- violates privacy rights, public publication rights, right to protection from defamation, copyright, trademark rights, contract rights, or any other personal rights.
Limitation of Liability
Users use the Service exclusively at their own risk. The User expressly accepts that the Company cannot be responsible for the behavior of other users or third parties, as well as that the risk of possible damage is entirely borne by those persons, in accordance with the valid legislation of Montenegro.
Texts (comments), ratings and other content that users post in sections intended for that purpose must be accurate and correct. For the accuracy of data entered in this way, the users who entered them are responsible. The accuracy of entry implies that they come from some competent source, i.e. personal experience of the user. For each individual entry, exclusive responsibility lies with the user who performed the entry.
The Company does not guarantee the accuracy, reliability, nor the content itself posted by users. The Company does not initiate the transmission of electronic messages that have been submitted to it by service users, does not select data or documents being transmitted, does not perform exclusion or modification of data in the content of messages or documents and does not select the recipient of transmission.
This liability statement relates to all damage (material and/or non-material), or injuries that could arise from hidden defects, errors, interruptions, deletions, malfunctions, delays in operation or transmission of computer viruses, communication interruptions, theft, destruction or unauthorized access to data, modification or misuse of data by third parties, contract termination, behavior contrary to Terms of Service, negligence and similar.
The Company is not responsible for any temporary unavailability of the Service, nor for partial or complete non-functioning or incorrect functioning of the same. The Company is not responsible for technical problems that may lead to delays and/or incorrect processing of electronic data, including the system clock. Internet service providers are responsible for the aforementioned.
As a provider of information society services, the Company is not responsible for any content that has been posted by another person, user, including but not limited to advertisement messages that it transmits, because it neither initiates transmission, nor selects content being transmitted, nor has it excluded or modified data in the content being transmitted, nor has it selected the recipient of transmission, i.e. the recipient of content.
The Company does not guarantee the behavior of third parties, nor its users. The Company, among other things, does not provide any guarantees that a User who has advertised a product or service will be contacted regarding that advertisement by third parties (i.e. that they will conclude a legal transaction that is the subject of the advertisement), nor that available information will contain accurate and truthful data.
The Service may be temporarily unavailable or available in limited scope, as a result of regular or emergency system maintenance, or in case of system upgrades.
Distance Selling
The Company is not responsible for any transactions or sales contracts that are concluded between users through the Service. All transactions take place exclusively between the seller and buyer, and the Company does not assume any responsibility for the quality, safety, legality, or availability of products or services that are advertised.
The Company is responsible only for items that are sold through its brands and stores, such as AutoEkspert.me which is also defined on the consumer rights page. All other items and services advertised through AutoDiler.me are the exclusive responsibility of the seller who posted the advertisement.
Jurisdiction and Dispute Resolution
All that is not regulated by these Terms of Service is subject to the valid regulations of Montenegro.
All disputes that may arise between the Company and the User regarding the use of the Service are subject to the valid regulations of Montenegro. The Company and the User undertake to try to resolve the dispute peacefully, and if they fail in that, the competent court is in Bar.
Final Provisions
The Company has the right to modify or supplement these Terms of Service at any time, by publishing the modifications and supplements in the cleaned text on the Internet presentation of the Service.
These Terms of Service begin to apply on 28.07.2024.
Every printed copy of these Terms of Service produces full legal effect based on the provisions of the Law on Electronic Documents, and its validity or probative value cannot be disputed.
Marketing and Propaganda Service Registration
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Bar, Montenegro 28/07/2024
