AMIVA User agreement
This User Agreement regulates the relationship between LLC "ADV Agency" ("AMIVA") and Internet user ("User") arising from the use of the B2B Internet platform www.amiva.ru ("AMIVA"), www.amiva.eu
("AMIVA"), www.amiva.net ("AMIVA"), www.amiva.lv ("AMIVA") on terms specified in the User Agreement.
Complete and unconditional acceptance of the AMIVA's offer of contract addressed to the User will be the actions performed by the User in purpose to exploit AMIVA, i. a. searching for, viewing, or placing advertisements, signing on the site, sending messages via the contact form, and other arrangements for using functionality provided by AMIVA.
The User Agreement may be changed by AMIVA at any time without any special notification to the User. The new version of the User Agreement shall enter into force on the date of being placed on AMIVA unless directly stated otherwise. Regular familiarization with the current version of the User Agreement is the responsibility of the User.
Using AMIVA after the new edition of the User Agreement has entered into force constitutes the User accepting it and applying to it the provisions of the new edition in their entirety.
Full content of the sites (the domain name, title, design, configuration, comments, original pictures and illustrations, logos, texts and other elements) as well as the database are the exclusive property of LLC "ADV Agency" as a sole owner.
1. Terms and Definitions
In this User Agreement, the terms listed below have the following meanings:
AMIVA – represented by a limited liability company "ADV Agency" registered in the Enterprise Register of Latvia under register number 40103793503 (VAT number: LV40103793503), legal address: Rīga, Zemes iela 10-77 LV-1082 – Latvia.
AMIVA and/or Site – an Internet resource that constitutes a complex of information and objects of intellectual property contained in the information system, access to which is provided by various user devices that are connected to the Internet through a special software for browsing the web (browser) at the addresses www.amiva, etc. (including the next level domains that belong to these addresses)
User – a physical person or a legal person that visit Internet sites including AMIVA.
User Agreement – the present agreement, Terms and Conditions for advertising, other rules and documents published on the Site and regulating actions of AMIVA or determining the directions for the use of the Services.
Services – features and functionalities available to the Users on AMIVA.
Product – any product or another proposal in respect of which the User places an advertisement on AMIVA.
Advertisement – an informative message to public at large placed by the User on AMIVA and containing proposition of Product (including contact information, photos, and any other related information).
Seller – a User that places on AMIVA an Advertisement with an offer to conclude a transaction in regard to the Product.
Buyer – a User that performs viewing of the Advertisement placed by the Seller, interaction with the Seller in regard to the Product, and/or concludes a transaction with the Seller.
Account Data – a unique username (e-mail address) and password that are generated independently by the User under registration on the Site and may be changed in the future by the User via the Personal Area or otherwise as specified by AMIVA and are used for access to the Personal Area after the User authorization on AMIVA.
Personal Area – the User’s profile on AMIVA that is associated with the User’s Account Data on the Site and in which the Service management is accessible to the User.
Registration – a User’s cumulative action in accordance with the instructions placed on AMIVA (including provision of Account Data and other information) performed by the User through a special form provided by the AMIVA user interface in order to create a Personal Area and gain access to certain AMIVA services.
2. General Provisions. Access to the Services on the Site
2.1. AMIVA, on the terms of this User Agreement, suggests the User to take advantages of Services available on AMIVA including placing, searching for, and viewing advertisements, as well as other Services offered on the Site. In respect of the use of certain Services, additional terms, conditions and restrictions may be imposed by AMIVA. AMIVA is entitled at any time to revise or modify the provisions of the Services, as well as modify, limit, or extend the functionality of the Site and/or Services including the conditions of the User’s access to the Services or certain functional features of the Site.
2.2. Services are provided free to the User. Tax payment or registration fee is required for no account. Registration on the site is a mandatory prerequisite for obtaining the opportunity to buy or sell the Product via AMIVA.
2.3. AMIVA under no circumstances assumes liability for the quality, operation and compliance of the Product advertised on the Site. Being an intermediary, AMIVA disclaims any liability for the execution, termination and/or establishment of relations between the Seller and the Buyer. Financial conditions of the purchase shall be agreed through free negotiations between the Seller and the Buyer and, accordingly, AMIVA under no circumstances assumes responsibility for non-payment by the Buyer, if any.
2.4. Whether or not the User registered or authorized on the Site, the use of the Site, including browsing the information on the Site, constitutes the User’s acceptance with this User Agreement and assumption of obligations to follow the instructions on the use of the Services, as well as responsibility for the actions associated with the use of the Site.
2.5. Accessing AMIVA and thus concluding this User Agreement, the User warrants that (s)he has all rights and powers necessary for the conclusion and execution of the User Agreement and, inter alia, is a person sui juris and adult. AMIVA may at any time require the User to provide information and documents confirming the rights and powers stated above.
2.6. Services available on AMIVA are subject to alter, augment, update, and change the shape and nature of functionality at any time without prior notice. AMIVA, if necessary, is eligible at sole discretion to terminate (permanently or temporarily) provision of the Services (or any certain functions within the Services) to all Users as a whole or to individual Users in particular without prior notice.
3. Registration on the Site
3.1. The User has the right to place Advertisements as well as to use certain Services after registering on AMIVA.
3.2. Upon Registration, the Account Data chosen by the User independently are specified. Having entered the data for the Registration, the User receives a message (to the e-mail address provided upon Registration) that contains an active hyperlink for the click-through that is necessary to confirm the Registration. The User can change the Account Data in the Personal Area on the Site.
3.3. The User has to monitor the safety of their Account Data and not to disclose them to third parties.
3.4. Any action done from the Personal Area of the User with the aid of their Account Data is considered action committed by the User or a person authorized by them and establishes the duties and responsibilities for the User in respect of such actions, including the responsibility for violation of not only this User Agreement, but also legislative requirements in regard to the Product whose information is placed on AMIVA by the User.
3.5. AMIVA is entitled to block the User's access to the Personal Area both with simultaneous termination of placement and display of their Advertisements or without it. AMIVA is entitled at any time to stop and/or limit the User's access to the Services as well as block or delete the User's account on the Site without possibility to restore it.
3.6. Viewing the Advertisements and other information posted on AMIVA in the public domain requires no registration and/or authorization of the User, but upon commitment of such acts the User must comply with the provisions of this User Agreement in any case.
4. Information Submitted by Users
4.1. In the course of using AMIVA, the User agrees and undertakes to submit only reliable Information and takes responsibility for the Information that (s)he submits. The User agrees and undertakes to update the Information through editing it on AMIVA. AMIVA is entitled to request, and the User is obliged to provide for such a request documents and information necessary to determine the User as a party of the User Agreement.
4.2. In the course of using the AMIVA Services (inter alia, upon Registration, interacting with other users through the AMIVA interface, advertising, browsing AMIVA pages, etc.), the User independently and voluntarily decides on submitting to AMIVA or placing in the public domain personal or other kinds of information (the User’s family name, first name, middle name or nickname, e-mail address, mobile phone number and any other information provided by the User such as contained in the messages sent to other users via the follow-up form in the AMIVA interface, information about User’s actions on AMIVA, etc.) for the purpose of execution of the User Agreement, and hereby expresses their consent to processing personal and other data of the User by AMIVA and its affiliated persons.
4.3. Any information published by the User on AMIVA is placed in purpose of the Product realization by the User and, accordingly, the User places one or another kind of personal information solely and exclusively for own benefit, in particular to facilitate the communication with the User. By placing Advertisements on AMIVA the User makes public the information specified in the Advertisement and understands that the placed information is published on AMIVA in the public domain, i.e. is available for acquaintance to any AMIVA visitor (general public); respectively the User understands and assumes all risks associated with such kind of information placement.
4.4. AMIVA is not obliged to pre-screen any kind of information placed and/or distributed by the User through AMIVA. AMIVA is entitled at its own discretion to deny the User the placement and/or dissemination of any piece of information, or to remove any piece of information posted by the User on AMIVA. The User realizes and agrees that (s)he should independently assess all the risks associated with placing and distributing any sort of information.
4.5. AMIVA does not render advice on matters that are not related to AMIVA, require professional assessment, and/or are beyond the competence of AMIVA.
4.6. AMIVA’s communication with the User as part of consideration of the User’s application is carried out using the e-mail address specified by the User.
5. User Responsibilities
5.1. The User takes on the obligation to act only in accordance with applicable law and the AMIVA User Agreement as well as bear the full responsibility for their own actions and inaction on AMIVA and using the Services in accordance with the legislation of the Republic of Latvia.
5.2. AMIVA Services available to the User may be used only for the purposes for which such Services are aimed. The User is forbidden to use the Services or any information obtained on the Site for purposes other than that intended.
5.3. The User takes on the obligation not to copy, not to reproduce, not to modify, not to distribute, and not to present to the public any kind of information that can be found on AMIVA (except for information provided by the User) without the prior written permission given by AMIVA.
5.4. All kinds of information received by the User concerning other Users in relation to employing AMIVA can only be used for consummation and execution of transactions in respect of Products. Thus, the User is forbidden to use the e-mail address and/or phone number of another User for the purposes of direct e-mail marketing or other unfavourable e-mail messages as well as other illegal actions or acts committed without the knowledge and/or consent of the other party.
5.5. The User takes on the obligation not to interfere with the AMIVA operation as well as not to interfere with the action of automatic systems or processes aiming to block or restrict the access to AMIVA.
5.6. In case the User has claims to other Users in connection with using the latest Services and/or Advertisements placed by them, the User is obliged to submit these requests to the right person (the Seller) and resolve the claim independently and without participation of AMIVA.
5.7. The User has the right to freely determine the price of Product and place on hold both the price and the length of period during which the proposal specified in the announcement will remain unchanged.
6. AMIVA Administration Liabilities
6.1. AMIVA reserves the right to verify any or all information provided by the parties prior to its distribution and, under certain circumstances, to refuse, withdraw, or delete any information without prior notice.
6.2. In order to suppress or prevent violation of the User Agreement and/or causing damage to AMIVA, AMIVA hereby reserves the right to terminate at any time and with immediate effect any right to access or part thereof concerning the account or password, or even remove any User Account or password as well as an unconfirmed and/or inactive User Account.
6.3. Access to the Site of any User can be terminated, as stated in this document, without prior notice.
7. Information Exchange when Using the Site
7.1. Messages of AMIVA intended for Users are placed in the public domain on AMIVA and/or sent individually to the e-mail addresses provided by the Users upon Registration or placing Advertisements on the Site. In this regard the User understands, accepts and agrees that the messages sent out and/or their parts may be promotional in nature and may contain advertisement, informative, or other messages from AMIVA. Messages posted on AMIVA shall be deemed delivered to the User upon their publication.
7.2. Messages of the Users intended for AMIVA are sent in ways proposed on AMIVA, including a feedback form for requests on the Site.
8. Warranty and Responsibility
8.1. The User is responsible for activities on the Site in accordance with the current legislation of the Republic of Latvia.
8.2. Under no circumstances AMIVA assumes responsibility for information on the Product provided by the Users. Inaccurate, fraudulent, misleading, or incorrect information cannot be the cause of bringing AMIVA to responsibility.
8.3. AMIVA shall be liable neither for the loss of information by the User, nor for misrepresentation of information or loss of a message derived using forms of communication on the Site.
8.4. In case the Buyer uses forms of communication with the Seller on the Site, AMIVA can guarantee neither delivery of such message of the Buyer, nor the correctness of the e-mail address specified by the Seller at his own and sole discretion.
9. Intellectual Rights
9.1. AMIVA represented by LLC "ADV Agency" is the owner of the exclusive rights on AMIVA – the domain name, the logo placed on the Site, AMIVA trademark, the database, and all the technical developments that make possible the use of the Site. The User or any other person may not use AMIVA or the Services in ways not contemplated by this User Agreement, in particular extracting information in any form in ways not provided by this User Agreement, without the prior written permission of AMIVA.
9. Duration of the User Agreement
9.1. This User Agreement shall enter into force from the start of exploitation of the AMIVA Services by the Users with or without the fact of the User Registration or placing Advertisements on AMIVA, and remain in force without limit of time.
10. Disputes and Effective Legislation
10.1. All disputes subsequent upon this User Agreement shall be resolved according to the applicable legislation of the Republic of Latvia.
10.2. Since the User is provided with the Services under this User Agreement free of charge, the provisions of the Consumer Protection Legislation shall not apply to the relationship between the User and AMIVA.
10.3. All disputes subsequent upon this Agreement shall be submitted to the court in accordance with the territorial jurisdiction of the place of finding AMIVA (Riga, Latvia).
10.4. Invalidation of particular parts of this User Agreement does not negate the other provisions of this User Agreement.