This User Agreement governs the relations between an individual or an entity (hereinafter referred to as 'the User'), on the one hand, and 123.ee OÜ (hereinafter '123.ee OÜ'), on the other hand (hereinafter the User and 123.ee OÜ are collectively referred to as 'Parties'), on the 123.ee website (hereinafter '123.ee').
By registering and starting using 123.ee, the User confirms that:
he or she is 16 years of age or older;
he or she has all the permissions to use 123.ee required by law;
he or she has read the Terms and Conditions of this Agreement, accepts them and undertakes to fulfill them;
he or she has read the Additional Terms and Conditions of 123.ee, accepts them and undertakes to fulfill them.
Terms and Conditions
1.1. 123.ee — the virtual environment at www.123.ee.co.nz (including any other webpage belonging to 123.ee), subpages, pages on social networks and other webpages, including those owned by 123.ee OÜ (registration number 11511100).
1.2. User — an individual or an entity registered on 123.ee (including other webpages belonging to 123.ee).
1.3. Account — a virtual account of an individual or an entity on 123.ee.
1.4. Service rendered to the User by 123.ee OÜ — service (including the possibility to use 123.ee, which comprises account registration (an 123.ee account) and processing of ads).
1.5. Price List — a document setting the prices of services provided by 123.ee OÜ.
1.6. Business day — a calendar day (Monday through Friday from 9:00 a.m. to 5:00 p.m.) that is not a Saturday or a Sunday, a national or a state holiday.
1.7. User Agreement — this document, which governs the relations between 123.ee OÜ and the User and regulates the legal grounds.
1.8. Terms and Conditions — an integral part of this document.
1.10. Legal act — a law in force in the Republic of Estonia.
2.Liability, rights and obligations of 123.ee OÜ
2.1. 123.ee OÜ shall not be liable for advertisements provided and published on 123.ee by the User or for the content, availability and authenticity of advertised services or products.
2.2. 123.ee OÜ shall not be held liable in case of any disputes between the users of 123.ee, including any lawsuits, legal actions and claims.
2.3. 123.ee OÜ shall not be liable in any case for damages arising as a result of using or the inability to use the rendered services.
2.4. 123.ee OÜ shall be entitled to delete, modify and terminate advertisements (ads) of the User’s services or goods on 123.ee at its own discretion without warning.
2.5. 123.ee OÜ shall be entitled to modify unilaterally any ads about goods or services published on 123.ee, having informed the users on 123.ee.
2.6. 123.ee OÜ shall be entitled to change unilaterally the terms that come into force upon ad publication on 123.ee.
2.7. 123.ee OÜ shall be entitled to restrict access or ban users if the users cause harm to 123.ee's website, cause legal problems, violate laws, infringe on intellectual property rights or violate other agreements (including violations specified in clause 9.1), and to demand a penalty and compensation for damages (lost profits and expenses related to suspended business activities).
2.8. 123.ee OÜ shall be entitled to change any information without prior notice.
2.9. 123.ee OÜ shall entitled not to answer users' letters and to ignore requests and demands that are in conflict with legal acts, these Terms and Conditions or the Additional Terms and Conditions of the Agreement.
2.10. 123.ee OÜ undertakes to ensure the provision of services specified in the price list unless it is in conflict with the provisions of this Agreement. 123.ee OÜ has no obligation to ensure the provision of services on 123.ee if it may damage its reputation in the opinion of other users, if it is economically unsound for 123.ee OÜ, impossible due to force majeure, for technical reasons or for any other reason affecting the interests of other users.
3.Liability, rights and obligations of the User
3.1. The User shall be held liable for providing any false personal information on 123.ee's website.
3.2. The User shall be entitled to register and use only one account.
3.3. The User shall be entitled to purchase goods or services posted on 123.ee
3.4. The User undertakes to act on 123.ee in compliance with these Terms and Conditions, in good faith and in accordance with the effective legal acts of the Republic of Estonia.
3.5. The User shall be responsible for the content of ads posted on 123.ee, the quality of advertised services and goods, authenticity and availability.
3.6. The User undertakes to use 123.ee in accordance with these Terms and Conditions.
3.7. The User undertakes to provide only accurate personal information on 123.ee.
3.8. The User shall immediately inform 123.ee OÜ about any problems related to the use of 123.ee.
3.9. The User shall inform 123.ee OÜ about any circumstances that may affect proper compliance with these terms.
3.10. The User shall transfer audio and visual content of ads, including text, to nonexclusive ownership of 123.ee OÜ; the User shall not perform any actions resulting in an extremely heavy load on the infrastructure of 123.ee; the User shall not use any bots for collection of or access to the information on 123.ee websites.
4.Liability of the parties
4.1. In case of non-fulfillment or improper fulfillment of obligations assumed hereunder, the parties shall be held liable in accordance with the legal acts.
5.1. The User authorizes 123.ee OÜ to process and use his or her personal data and to send messages.
5.2. The User is entitled to stop receiving messages from 123.ee OÜ at any time.
5.3. 123.ee OÜ undertakes not to disclose the User’s personal data to third parties, except for cases specified in the legal acts.
6.1. 123.ee OÜ shall send personal messages to the user either to the postal address specified by the user, the email address, or to the self-service section depending on the contents of the message. Such messages shall be considered to be received by the user five (5) business days after they are sent.
7.Settlement of disputes
7.1. 123.ee OÜ and the User shall be governed by the legal acts.
7.2. Disputed issues shall be settled by means of negotiation. If this is impossible, the dispute shall be settled in Harju County Court in Estonia.
8.1. A provision hereof shall be interpreted together with the other provisions of this Agreement, each of them shall have the meaning arising from this Agreement as a whole. When provisions are interpreted, the interpretation that will make the provision of the Agreement legal or valid shall prevail. In case of doubt regarding an expression that may have more than one meaning, such фт expression shall be understood in the way most suitable for the essence of the provisions and their purpose.
9.Violation of the Agreement
9.1.The following actions constitute a violation of the Agreement:
9.1.1. reproduction or publication of information from 123.ee without the consent of 123.ee OÜ. Information from 123.ee may be copied only by individuals for personal use;
9.1.2. provision of incorrect, inaccurate or misleading information (including personal information and data);
9.1.3. account transfer to a third party without prior consent of 123.ee OÜ;
9.1.4. spamming and sending electronic messages to other users without their consent (including bulk email);
9.1.5. distribution of computer viruses or other technologies that may cause damage to the 123.ee website or to the interests and property of its users;
9.1.6. incitement of discord, use of indecent language, promotion of violence;
9.1.7. registration and use of multiple accounts on 123.ee;
9.1.8. any other actions that cause harm to the reputation of the 123.ee website in the opinion of other users, interrupt proper functioning of the 123.ee website (including affecting security and reducing the number of active users), cause the service quality and profits of 123.ee OÜ to decline, and violate the interests and rights of other users.
9.2. In case of a violation of the Agreement, the User shall compensate to 123.ee OÜ any lost profits and expenses related to the suspension of proper commercial activities and shall pay a penalty. Penalty payment shall not release the User from the fulfillment of his or her obligations.
9.3. In case of registration and use of multiple (more than one) accounts on 123.ee, the User shall pay to 123.ee OÜ a penalty for each ad published from the additional account.
9.4. Penalty payment shall not release the User from the fulfillment of the obligations set forth herein. If these terms are violated, 123.ee OÜ is entitled to demand a penalty irrespective of the actual damage and validity of the violation.
10.Other terms and conditions
10.1. If the terms and conditions hereof are in conflict with the legal acts, other parts of the agreement shall remain in force. Any detected non-compliance with the legal acts shall be eliminated by 123.ee OÜ by replacement with a provision that complies with the legal acts and is as close as possible to the original provisions.
10.2. The User shall be deemed liable with respect to these terms if the User’s representative (a member of the Board, his/her substitute or another person that represents him/her) who used the account in any commercial activities is responsible for the violation, in particular an employee, an officer, a warrantor or a customer of the User.
10.3. The User is considered to be aware of any possible circumstances or is considered to be informed in advance. It is also supposed that the User should have been aware of or should have foreseen the circumstances that were known to, foreseen by or should have been in any case known to or foreseen by the person for whom the User is responsible.
10.4. Obligations set forth in these terms shall be fulfilled within the period specified in the terms, and if no period is specified in the terms they shall be fulfilled within five (5) business days after the User or 123.ee OÜ make the respective claims.
10.5. If 123.ee's website did not function for technical reasons and the User was unable to fully or partially use a service purchased from 123.ee OÜ, 123.ee OÜ shall allow the User to add the unused days or shall return the unused money based on a written application submitted within 30 days after the functioning of 123.ee has been resumed. The application shall be processed within 20 business days.
10.6. If the User is sure that 123.ee OÜ unfairly blocked his or her account, the User is entitled to submit a written explanation to 123.ee OÜ. The explanation shall be processed within 20 business days. If 123.ee OÜ decides in favor of the User, the account shall be unblocked. 123.ee OÜ reserves the right not to respond to the User's explanation.
10.7. The validity of this Agreement is not affected by the fact that the parties have not agreed upon the essential terms for determination of their rights and obligations; it is supposed that the Agreement would have been made without such unspecified terms as well. In that case, a provision shall be used that is reasonable in terms of the parties’ intentions, the essence and the purpose of the Agreement as well as good faith, taking into account the circumstances mentioned above.
11.Premium services and payment for services
11.1. Registration is free. Other services are provided in accordance with the price list. It is the User's responsibility to read the price list. 123.ee OÜ reserves the right to change the prices for additional services at any time without prior notice.
11.2. Services may be paid for using various methods. The User is responsible for compliance with payment guidelines. If such guidelines are violated, 123.ee OÜ shall not guarantee the deposit of money. Third-party payment systems may sometimes fail and in that case 123.ee OÜ shall not be liable for any damages arising from the inability to deposit the money.
11.3. In case of problems during payment, the User should contact the operator that provides services to the User.
11.4. 123.ee OÜ reserves the right not to return the unused money to the users.
12.Termination of the Agreement and refusal
12.1. This Agreement shall be automatically terminated if the User’s account is blocked. However, the User shall not be released from fulfillment of his or her obligations hereunder.
12.2. 123.ee OÜ is entitled to refuse to fulfill this Agreement unilaterally and block the User’s account if the User fails to fulfill his or her obligations in accordance with the terms hereof; it is entitled to demand fulfillment of obligations and payment of a penalty and also to submit a claim to Harju County Court in Estonia.