1. Scope and validity of the Terms, definitions of the terms used therein
1.1. Portal user: any natural or legal person who visits the Portal (hereinafter referred to as Customer).
1.2. Portal owner: LiveOnRiviera private limited company (registration No. 40103829124, registered office: Miera iela 93–56, Riga, LV-1013, Latvia) (hereinafter referred to as the Company).
1.3. Real property owners, brokers and legal possessors: legal or natural persons who are entitled to conduct transactions with the relevant real properties (buildings, apartments, residential houses, land, etc.) on a statutory or contractual basis (hereinafter referred to as Agents).
1.4. Service providers: performers of specific works who, following the procedures set forth in the Terms, may acquire the right to provide Customers with the services they have requested (hereinafter referred to as Service Providers).
1.5. The legal relationships between the Company and Customers, Agents and Service Providers (hereinafter collectively referred to as Users) relating to the use of the Portal shall be governed not only by these Terms but also by the Special Rules and by the applicable European Union legislation.
1.6. For the purpose of making the use of the Portal more convenient and secure, the Company reserves the right to make amendments and updates to the Terms and changes in the pricelist of services. Such amendments, updates and changes shall take effect upon posting on the Portal.
2. Use of the Portal
2.1. The Company provides Users with a virtual (electronic) site, i.e. the Portal, for conducting the following activities:
2.1.1. Posting of Agents’ classified ads for transactions with real property (such as apartments, houses, non-residential premises, land, etc.);
2.1.2. Posting of Customers’ classified ads for services they wish to order;
2.1.3. Placement of ads on the Portal;
2.1.4. Posting of other services offered by the Company.
2.2. With the applications made available on the Portal, the Company does nothing else than provides Customers and Service Providers with the facility to obtain information: for Customers – about transactions with real properties; for Service Providers – about work and service orders submitted by Customers. The Company assumes no liability for the content of classified ads, values of transactions, their correlation with market prices, chances of entering into transactions and/or purchasing and/or alienating real property, quality and terms of services provided. The Customer shall enter into any and all transactions specified in a classified ad without the mediation of the Company, and the Company in no way guarantees the execution, validity and feasibility of such transactions.
2.3. The Company bears no liability for the quality and quantity of properties sold/purchased/rented/leased, etc. and/or services provided on the Portal.
2.4. Users shall be responsible for the compliance of information which they post on the Portal with the European Union legislation and requirements of these Terms, and for its correspondence to the actual circumstances. The Company is not responsible for the lawfulness, truthfulness and validity of information that Users post on the Portal and/or offers made to/by Customers, and for the legal implementation of the obligations and rights of other Users.
2.5. Agents shall assume full liability towards third parties for the content of classified ads posted or submitted for posting and for the lawfulness of copyrighted works, registered trademarks, patented products, etc. contained therein, and shall compensate the Company or third parties any losses incurred as a result of violating copyright and competition laws and norms of ethics.
2.6. All materials, including pictures, which are posted on the Portal, shall be exclusive property of the Company and may be used with their authors’ special consent only. By consenting to posting classified ads on the Portal, Agents shall grant the Company an exclusive licence for the use of materials contained in the classified ads and protected by copyright. Any copying, distribution, transfer, placement, or any other modification of the Portal without prior consent of the Company shall be prohibited.
3. Scope of Users’ commitments
3.1. Users of the Portal shall undertake not to use the Portal for purposes of carrying out illegal activities and/or deceit and not to perform actions that could compromise the security of Portal’s information systems.
3.2. Agents and Customers may not distribute, modify, publish, or sell the data posted on the Portal, and may not create databases of such data or use them in any manner for making copyrighted materials (this provision does not apply to the relevant Agent’s own data).
3.3. Agents and Customers shall undertake to ensure that the data they provide to the Company, including electronic data (files, applications, e-mail correspondence, etc.), contacts (hereinafter referred to as Contact Information), offer information and any other data that they have posted on the Portal:
3.3.1. are not deceitful, inaccurate and/or incorrect;
3.3.2. contain complete and detailed information about the offer, its price, features, and limitations on use;
3.3.2. do not contain offers (items, services, etc.) that are illegal, prohibited or restricted for trading (purchase, sale, letting out, renting, etc.);
3.3.3. do not infringe intellectual property rights or other property and/or non-property rights of third parties;
3.3.4. are not in contradiction with European Union legislation (including, but not limited to, the legislation regulating consumer protection and competition);
3.3.5. are free of viruses and other computer malware or files that harm the content of the Portal or otherwise disrupt its normal use, or impede or otherwise disturb the normal functioning of computer systems of third parties.
3.4. Only Users who have registered on the Portal in accordance with the registration procedure may connect to the changeable applications of the Portal and post data thereto.
3.5. Users shall ensure and pay attention that the password and username created for the Portal are not placed at the disposal of third parties and shall immediately notify the Company of a password and/or username that has/have been lost or come into the hands of third parties, so that the Company could take all the necessary measures to block the relevant username and password as soon as possible.
3.6. Before the Company has been notified that a username and password had been obtained by third parties, any actions performed using the password and username of the relevant User shall be deemed to have been performed by the User.
3.7. Users shall provide any information which may be relevant for meeting the commitments and for usage of the Portal (details, Contact Information, persons in charge, etc.) to the Company via e-mail.
3.8. By using the Portal, Customers represent and warrant that they are at least 18 years of age and have legal capacity, and Agents represent and warrant that they are registered legal entities whose representatives have all the powers to act, assume responsibilities and use the Portal on behalf of the relevant legal entity.
3.9. Agents and Service Providers represent and warrant that they hold all the licences and permits necessary for the relevant economic activity.
4. Scope of the Company’s commitments
4.1. The Company shall be entitled at its discretion to restrict or prohibit a User to use the Portal if:
4.1.1. an Agent or Customer fails to comply with these Terms and with the Special Rules, or violates laws and regulations;
4.1.2. an Agent has provided incorrect, misleading and/or inaccurate Portal User’s registration data to the Company or has posted on the Portal information in contravention of the Terms.
4.2. The Company shall be entitled to follow the activities ongoing on the Portal, including checking the content of information posted by Users. To ensure compliance with the Terms and legislation, the Company may, using any legally available means, check the information posted by Users and give the Users recommendations regarding its content.
4.3. The Company shall be entitled to move within the Portal the information posted by an Agent for the purposes of its more convenient use, without changing the content.
4.4. The Company shall be entitled at any time to delete from the Portal the information posted by Users if their offers are in contravention of the Terms and effective laws and regulations.
4.5. The Company may use the information obtained through the Customers’ or Agents’ use of the Portal for further enhancement of the Company’s services. Hence, the Company reserves the right to cooperate in the future with selected trustworthy third parties with an aim to expand, improve and otherwise develop the Company’s services. The User agrees that, as part of such cooperation, the Company may exchange data with these trusted partners.
4.6. The Company assumes no liability for any kind of losses or damage that the Portal Users and/or Agents and/or third parties and/or Customers may incur through visiting the Portal or the use of classified ads posted and/or services offered therein.
4.7. Users shall be obliged to dissociate and protect the Company from any claims or complaints regarding the services provided by the Users.
4.8. The Company shall have the right to recourse against Users if it has sustained any kind of material loss or damage due to the Users’ default (fully or in part) on their obligations or on compliance with the Terms.
4.9. The Company shall be entitled to unilaterally set charges for the use of the Portal or individual services.
5. Personal Data processing and protection clause and data subject’s consent to data processing
5.1. The Company’s rights and obligations with regard to the personal data processing and protection shall be subject to the applicable Latvian laws and regulations, including the Personal Data Protection Act.
5.2. The Company shall be entitled to assume that the information provided to it regarding an identified or identifiable individual is correct and that the person from whom such information has been received is eligible to provide it to the Company.
5.3. An individual, who may be directly or indirectly identified by the data provided to the Company, shall be deemed to be a data subject in accordance with the Personal Data Protection Act. The data subject consents to the processing of his/her personal data, given the personal data processing and protection clause and the conditions that:
5.3.1. the Company is the administrator of the personal data processing system (a structured set of personal data fixed in any form and available on the basis of relevant personal identification criteria) and hence is entitled to define the purposes and means of data processing; and
5.3.2. Users provide their data to the Company and consent that the Company processes these data in order to be able to register the Users on the Portal and to provide registered Users of the Portal with the relevant services and facilities to the use or receipt whereof the Users have given their consent;
5.3.3. Users expressly confirm that they have read and understood the personal data processing and protection clause and know the name and address of the legal entity which has defined the purposes and justification of the data processing system, and that they are aware of these purposes and justification, and expressly agree that the Company processes the received User data as stated above.
6. Miscellaneous provisions
6.1. The legal relationships between Users and the Company relating to the Use of the Portal shall be regulated by the Latvian and European Union legislation.
6.2. Any dispute between Users and the Company shall be settled through negotiations. Should the negotiations fail, then any dispute, controversy or claim relating to the Terms or content, breach, or ineffectiveness thereof, shall be settled in a court of the Republic of Latvia pursuant to the Latvian legislation.
6.3. In case Users have complaints regarding observance of the Terms, they may send such to the Company’s e-mail given on the Portal, indicating their first name, surname, phone number and e-mail.
6.4. All services (both free of charge and chargeable) on the Portal are provided in the scope and order as they appear on the Portal.
The Terms shall take effect upon posting 1. 1. 2015.