DISTANCE CONTRACT FOR THE PURCHASE OF A SUBSCRIPTION TO THE SERVICE VIA THE INTERNET
This is a distance contract for the purchase of a content service in the Internet environment, hereinafter referred to as the Contract concluded between SIA “Kurzemes Vārds” (registration number: 42103002455, legal address: Pasta iela 3, Liepāja, LV-3401 ; e -mail: [email protected]), hereinafter – KV, and the person making the purchase, hereinafter the BUYER, on the website liepajniekiem.lv, hereinafter – WEBSITE, or on the website kurzemes-vards .lv, hereinafter – KV WEBSITE, and both contracting parties together – COMPARATORS. The BUYER, making a purchase on the KV SITE/SITE under this Agreement, expresses his consent to its terms, has the right to print and save these terms of the Agreement.
Within this Agreement:
- BUYER is a natural or legal person who purchases paid content services on the SITE/SITE for purposes not related to economic activity, hereinafter the BUYER;
- SERVICE is one of the content services listed in this paragraph, which is available for purchase on the SITE/KV SITE and the subscription to which the BUYER is entitled to purchase:
- Liepajnieks plus – a paid digital content service, including articles, photos, specially created, selected and published on the WEBSITE with the indication “plus”,
- Electronic subscription “Kurzemes Vārds” – paid digital content service on the KV WEBSITE, including an identical electronic copy of the paper newspaper “Kurzemes Vārds” (registered in the register of mass information under No. 000700763, since 11.28.1991) in terms of view and volume of content, as well as one month’s access to the archive of previous electronic copies,
- Printed newspaper “Kurzemes Vārds” – regional newspaper published in printed format (registered in the register of mass information under No. 000700763, since 11.28.1991), the delivery of which to the BUYER in Liepāja and Grobinė (city) is ensured by SIA “AC Kurzemes Vārds” “, or elsewhere in Latvia by VAS “Latvijas Pasts” according to its delivery schedule.
- DURATION AND PRICE OF THE SERVICE
The subscription to the SERVICE is fixed for a fixed period, at a determined price, which KV can modify without notice (the modifications do not apply to the period of the SERVICE already paid), notifying the BUYER no later than 30 days before the new price takes effect might. KV and the BUYER agree that the changes in the price of the SERVICE will be applied to the new period at the end of the prepaid subscription period of the SERVICE. The price of the SERVICE subscription includes all applicable taxes, including value added tax (hereinafter – VAT) in accordance with the laws and regulations of the Republic of Lithuania:
- Liepajnieks plus have a 4 (four) week permit to use the SERVICE at the price of EUR 1.99 (one euro and 99 cents).
- The “Kurzemes Vārds” electronic subscription is a 4 (four) week permit to use the SERVICE at the price of EUR 4.99 (four euros and 99 cents).
- The paper newspaper “Kurzemes Vārds” is a paper edition at 7.90 euros (seven euros and 90 cents) for one month.
- PURCHASE AND BILLING OF THE SERVICE
This section of the Agreement describes the procedure for purchasing the SERVICE and paying for the purchase of a subscription to the SERVICE.
2.1. The Buyer can purchase the SERVICE only after registering on the SITE/KV WEBSITE. To purchase a subscription to the SERVICE, the Purchaser must select his payment method by entering the information requested by KV. By accepting this agreement, the BUYER confirms that he has clearly understood that the purchase of a subscription to the SERVICE is a paid service and that he has read the contents of this Agreement.
2.2. The BUYER purchases a subscription to the SERVICE using a payment card or by SMS (the fee will be included in the invoice of the BUYER’s mobile communication service provider), and is made as a regular payment, the term of which automatically extends to the next fixed term of 4 (four) weeks of electronic subscription, but with automatic extension to the following calendar month for the subscription to the printed newspaper SERVICE Kurzemes Vārds, and the payment of the subscription to the SERVICE is automatically credited to the bank account of KV, until until the BUYER chooses to interrupt the purchase of the SERVICE Subscription on the SITE by activating CANCEL SUBSCRIPTION in the registered profile.
- SERVICE SUBSCRIPTION COURSE NAME PRINTED NEWSPAPER DELIVERY START.
- If the BUYER has paid for the SERVICE on a working day before 14:00, the delivery of the subscription starts on the next working day, if delivery is provided by AC Kurzemes Vārds, or after two working days, if delivery is provided by Latvijas Pasts;
- If the BUYER has paid on a working day after 14:00, delivery of the subscription starts on the next working day, if delivery is provided by AC Kurzemes Vārds, or after three working days, if delivery is provided from Latvijas passed;
- RIGHT OF REFUSAL
KV Within the framework of this agreement, with the SERVICE Liepajnieks plus and the electronic subscription Kurzemes Vārds provides a service that corresponds to the online prepaid service of digital content (delivery of digital content such as electronic publications that are not provided on an independent data carrier) , available upon request and its delivery is initiated with the SERVICE at the time of payment of the subscription, when the subscription to the SERVICE is automatically activated. The BUYER agrees that the use of the SERVICE begins with the activation of the SERVICE, therefore the BUYER waives the right of withdrawal of 14 days and the refund of the amount paid, according to MK 20.05.2014. the provisions of article 22.13 of Regulation no. 255 “Regulations on distance contracts”.
- RESPONSIBILITY OF PARENTS
THE SUPPLIER is not responsible for the obligations of the other SUPPLIER towards third parties, if they arise in connection with the execution of this contract. The PARTIES agree that if one of them fails to perform its obligations under the Agreement due to force majeure circumstances, it will be relieved of liability for non-performance of the Agreement or incorrect performance of the Agreement. Force majeure means all circumstances beyond the CONTRACTOR’s control (if the CONTRACTOR acted reasonably and honestly), as a result of which it was not possible to fulfill the obligations properly or at all, and if such circumstances could not have be foreseen not only by the CONTRACTOR in question, but by any other person who operates or would operate in the relevant sector of the PEER, as well as if it were not possible to prevent such circumstances by reasonable and fair methods.
All information that is not publicly available and that one of the PARTIES provides to each other during the performance of the Agreement or that is disclosed in the course of performing work duties, including information on financial situation, used technologies and computer programs, plans for the development of the SERVICE and the WEBSITE, is acknowledged and considered confidential.
Such information is not considered confidential if, before obtaining it, it was already available to the other PARTY, or was in the public domain, and if the condition of confidentiality was not applied at the time of receipt of such information;
As part of this Agreement, KV grants BUYER a general license for the SERVICE. The BUYER is prohibited from using the digital contents available during the SERVICE for activities not contemplated in this agreement, including copying, reproduction, publication or use in any other way without the written consent of KV and contrary to the provided for by the provisions of the copyright law. KV guarantees that an agreement has been concluded with all persons involved in the creation of the digital content platform Liepajnieks plus and the electronic subscription Kurzemes Vārds, according to which the copyright on the digital content available on the SERVICE and its platform belongs to KV and is not aware of third parties who may make use of such KV the right to contest, as well as to pose obstacles to the use and / or distribution of the SERVICE.
- DATA PROCESSING
THE PARTIES agree that each PARTY as data controller and operator of personal data during the term of this Agreement processes manually and/or electronically (including collecting, recording, entering, storing, processing, use, transfer, transmission, blocking or deletion of data) from the other PART has received the data, only insofar as this is necessary and results from the concluded Agreement. Purpose and purpose of data processing: conclusion of the contract, preparation and sending of invoices, payment processing, mutual communication and cooperation assurance, ensuring effective KV management processes, business planning and analysis, examination and processing of complaints and/or questions, sending news as necessary and follows from the Agreement concluded. KV follows the BUYER’s instructions, uses the necessary technical means and takes organizational measures to protect the data of natural persons and prevent their illegal processing. Personal data will be stored in electronic format for the duration of the Agreement, as well as during the limitation period specified in the applicable laws and regulations, within which complaints, complaints raised and similar processes can be initiated. The PARTNER may transfer the personal data of the other PARTNER to the involved data controllers who provide accounting, legal, IT or other similar services within the framework of this agreement. By concluding the Agreement, the BUYER agrees to the processing, recovery and storage of data, identification, sending information about changes and offers of the SERVICE, etc. The BUYER, who is a consumer under this Agreement, has the right to request KV to provide free of charge the information it holds about the BUYER’s personal data, has the right to request its correction or deletion, as well as, if necessary, you have the right to revoke the consent previously given to the processing of personal data. The obligations specified in this section are valid for an unlimited period of time and remain valid even if one of the PARTIES unilaterally withdraws from the Agreement or if the Agreement is terminated in any other way.
- DIFFERENT RULES
This Agreement entered into force when the BUYER made the purchase of a subscription to the SERVICE on the WEBSITE, accepted its terms and paid the subscription fee. The contract is concluded for an indefinite period of time and is valid until the obligations undertaken have been fulfilled. Likewise, the BUYER has the right to cancel the subscription to the SERVICE by making the appropriate changes on the SITE. The refusal in this case applies to the next subscription period for which the BUYER has not paid and/or has no intention to do so. Any dispute between the PARTIES arising out of this Agreement will be resolved by negotiation. If it was not possible to resolve the dispute without court mediation, the dispute shall be examined by the court of the Republic of Latvia.