This User Agreement governs the relations between an individual or an entity (hereinafter referred to as 'the User'), on the one hand, and Okidoki OÜ (hereinafter 'Okidoki OÜ'), on the other hand (hereinafter the User and Okidoki OÜ are collectively referred to as 'Parties'), on the okidoki website (hereinafter 'okidoki').
By registering and starting using okidoki, the User confirms that:
- he or she is 16 years of age or older;
- he or she has all the permissions to use okidoki 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 okidoki, accepts them and undertakes to fulfill them.
Terms and Conditions
- okidoki — the virtual environment at m.okidoki.co.nz (including any other webpage belonging to okidoki), subpages, pages on social networks and other webpages, including those owned by Okidoki OÜ (registration number 11511100).
- User — an individual or an entity registered on okidoki (including other webpages belonging to okidoki).
- Account — a virtual account of an individual or an entity on okidoki.
- Service rendered to the User by Okidoki OÜ — service (including the possibility to use okidoki, which comprises account registration (an okidoki account) and processing of ads).
- Price List — a document setting the prices of services provided by Okidoki OÜ.
- 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.
- User Agreement — this document, which governs the relations between Okidoki OÜ and the User and regulates the legal grounds.
- Terms and Conditions — an integral part of this document.
- Legal act — a law in force in the Republic of Estonia.
Liability, rights and obligations of Okidoki OÜ
- Okidoki OÜ shall not be liable for advertisements provided and published on okidoki by the User or for the content, availability and authenticity of advertised services or products.
- Okidoki OÜ shall not be held liable in case of any disputes between the users of okidoki, including any lawsuits, legal actions and claims.
- Okidoki OÜ shall not be liable in any case for damages arising as a result of using or the inability to use the rendered services.
- Okidoki OÜ shall be entitled to delete, modify and terminate advertisements (ads) of the User’s services or goods on okidoki at its own discretion without warning.
- Okidoki OÜ shall be entitled to modify unilaterally any ads about goods or services published on okidoki, having informed the users on okidoki.
- Okidoki OÜ shall be entitled to change unilaterally the terms that come into force upon ad publication on okidoki.
- Okidoki OÜ shall be entitled to restrict access or ban users if the users cause harm to okidoki'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).
- Okidoki OÜ shall be entitled to change any information without prior notice.
- Okidoki 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.
- Okidoki OÜ undertakes to ensure the provision of services specified in the price list unless it is in conflict with the provisions of this Agreement. Okidoki OÜ has no obligation to ensure the provision of services on okidoki if it may damage its reputation in the opinion of other users, if it is economically unsound for Okidoki OÜ, impossible due to force majeure, for technical reasons or for any other reason affecting the interests of other users.
Liability, rights and obligations of the User
- The User shall be held liable for providing any false personal information on okidoki's website.
- The User shall be entitled to register and use only one account.
- The User shall be entitled to purchase goods or services posted on okidoki
- The User undertakes to act on okidoki in compliance with these Terms and Conditions, in good faith and in accordance with the effective legal acts of the Republic of Estonia.
- The User shall be responsible for the content of ads posted on okidoki, the quality of advertised services and goods, authenticity and availability.
- The User undertakes to use okidoki in accordance with these Terms and Conditions.
- The User undertakes to provide only accurate personal information on okidoki.
- The User shall immediately inform Okidoki OÜ about any problems related to the use of okidoki.
- The User shall inform Okidoki OÜ about any circumstances that may affect proper compliance with these terms.
- The User shall transfer audio and visual content of ads, including text, to nonexclusive ownership of Okidoki OÜ; the User shall not perform any actions resulting in an extremely heavy load on the infrastructure of okidoki; the User shall not use any bots for collection of or access to the information on okidoki websites.
Liability of the parties
- In case of non-fulfillment or improper fulfillment of obligations assumed hereunder, the parties shall be held liable in accordance with the legal acts.
- The User authorizes Okidoki OÜ to process and use his or her personal data and to send messages.
- The User is entitled to stop receiving messages from Okidoki OÜ at any time.
- Okidoki OÜ undertakes not to disclose the User’s personal data to third parties, except for cases specified in the legal acts.
- Okidoki 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.
Settlement of disputes
- Okidoki OÜ and the User shall be governed by the legal acts.
- Disputed issues shall be settled by means of negotiation. If this is impossible, the dispute shall be settled in Harju County Court in Estonia.
- 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.
Violation of the Agreement
The following actions constitute a violation of the Agreement:
- reproduction or publication of information from okidoki without the consent of Okidoki OÜ. Information from okidoki may be copied only by individuals for personal use;
- provision of incorrect, inaccurate or misleading information (including personal information and data);
- account transfer to a third party without prior consent of Okidoki OÜ;
- spamming and sending electronic messages to other users without their consent (including bulk email);
- distribution of computer viruses or other technologies that may cause damage to the okidoki website or to the interests and property of its users;
- incitement of discord, use of indecent language, promotion of violence;
- registration and use of multiple accounts on okidoki;
- any other actions that cause harm to the reputation of the okidoki website in the opinion of other users, interrupt proper functioning of the okidoki website (including affecting security and reducing the number of active users), cause the service quality and profits of Okidoki OÜ to decline, and violate the interests and rights of other users.
- In case of a violation of the Agreement, the User shall compensate to Okidoki 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.
- In case of registration and use of multiple (more than one) accounts on okidoki, the User shall pay to Okidoki OÜ a penalty for each ad published from the additional account.
- Penalty payment shall not release the User from the fulfillment of the obligations set forth herein. If these terms are violated, Okidoki OÜ is entitled to demand a penalty irrespective of the actual damage and validity of the violation.
Other terms and conditions
- 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 Okidoki OÜ by replacement with a provision that complies with the legal acts and is as close as possible to the original provisions.
- 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.
- 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.
- 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 Okidoki OÜ make the respective claims.
- If okidoki's website did not function for technical reasons and the User was unable to fully or partially use a service purchased from Okidoki OÜ, Okidoki 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 okidoki has been resumed. The application shall be processed within 20 business days.
- If the User is sure that Okidoki OÜ unfairly blocked his or her account, the User is entitled to submit a written explanation to Okidoki OÜ. The explanation shall be processed within 20 business days. If Okidoki OÜ decides in favor of the User, the account shall be unblocked. Okidoki OÜ reserves the right not to respond to the User's explanation.
- 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.
Premium services and payment for services
- Registration is free. Other services are provided in accordance with the price list. It is the User's responsibility to read the price list. Okidoki OÜ reserves the right to change the prices for additional services at any time without prior notice.
- Services may be paid for using various methods. The User is responsible for compliance with payment guidelines. If such guidelines are violated, Okidoki OÜ shall not guarantee the deposit of money. Third-party payment systems may sometimes fail and in that case Okidoki OÜ shall not be liable for any damages arising from the inability to deposit the money.
- In case of problems during payment, the User should contact the operator that provides services to the User.
- Okidoki OÜ reserves the right not to return the unused money to the users.
Termination of the Agreement and refusal
- 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.
- Okidoki 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.