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TERMS OF USE



I. ACCEPTANCE OF TERMS

  1. FREOR LT, UAB, a Lithuanian company with a registered office at Katiliskiu st. 92, LT-02212 Vilnius, Lithuania, company code: 125406166 (hereinafter referred to as the Company) provides access to appliance repair and maintenance information to professional repairers (hereinafter referred to as the Database) as required by Regulation (EU) 2019/2024 of 1 October 2019 laying down Ecodesign requirements for refrigerating appliances with a direct sales function pursuant to Directive 2009/125/EC of the European Parliament and of the Council  (hereinafter referred to as the Regulation).
  2. By accepting the Terms of Use Agreement (hereinafter referred to as the Terms) or by accessing or using the Database or this website, you acknowledge that you have read, understood, and agree to be bound by the Terms. You also agree to comply with all laws and regulations applicable to the use of this Database, the use of the Internet, and the activities involved in using this Database or website.
  3. By accepting the Terms or by accessing or using the Database or this site, you confirm that you are a professional repairer as defined in the Regulation. According to the Regulation, ‘professional repairer’ means an operator or undertaking which provides services of repair and professional maintenance of refrigerating appliances with a direct sales function.
  4. By accepting the Terms or by accessing or using the Database or this site, you confirm that:
    4.1. you have the technical competence to repair refrigerating appliances with a direct sales function and comply with the applicable regulations for repairers of electrical equipment in the Member States where it operates.
    4.2. you are covered by insurance covering liabilities resulting from your activity regardless of whether this is required by the Member State;
    4.3. you understand that information provided in the Database is of confidential nature and has economic value to the Company, therefore the only legitimate use of such information derives from Regulation;
  5. These Terms constitute a legally binding agreement between the Company and any of its users.
  6. If you do not agree to all of these Terms, do not use the Database.

 

II. CONDITIONS, ACCESS, AND USE OF THE DATABASE

  1. Subject to the Terms and conditions of the Terms, you may access and use the Database only for lawful purposes.
  2. You may access the Database only in order get to the appliance repair and maintenance information directly necessary for the implementation of the Regulation and the achievement of its objectives.
  3. All rights, titles and interest in and to the Database and information provided therein belong exclusively to the Company. You shall not:
    9.1. sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the information of the Database all or any portion of the information available to any other person or entity.
    9.2. use the Database and information of the Database in any unlawful manner (including without limitation in violation of any property, competition, data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Database or its components.
    9.3. create derivative works from the information on the Database.
    9.4. remove any proprietary notice or disclaimer language in any copies of such documents.
    9.5. Copy, reproduce, republish or post such information on any networked computer or broadcast, publish, upload or otherwise disseminate it in any media platform or internet.
    9.6. use any spider- or bot-like system, software or other device or program (whether automated or otherwise) to automatically (non-manually) extract content, data, information or other material from the Database.
  4. In order to access the Database, you will have to register and create an account. Any information provided during such registration must be current, complete and accurate (hereinafter referred to as the Registration Information). You must ensure the Registration Information is up to date at all times.
  5. Passwords used for access shall be at least 8 characters long. It shall contain uppercase letters (e.g. A, B, C), lowercase letters (e.g. a, b, c), numbers (e.g. 1, 2, 3) and special characters (e.g. !).
  6. The Company accepts or refuses your registration within 5 work­ing days from the date of the request.
  7. You acknowledge that log-on access codes and passwords are for your use only and may not be shared. You shall ensure that your log-on access code and password is kept confidential. You agree to accept sole responsibility for the use and protection of the log-on access codes and passwords, protecting the confidentiality of such passwords. You shall use reasonable efforts to prohibit or cease any unauthorized access to the Database. It is forbidden to send by email, tell on the phone or store passwords in a visible or insecure place after writing the passwords down.
  8. You agree to notify the Company immediately of any breach of security or unauthorized use of your account.

 

III. SUSPENSION AND TERMINATION OF USE OF THE DATABASE

  1. The Company reserves the right, to temporarily suspend or terminate your access to the Database at any time in its sole discretion, in the event that you violate the Terms, with or without notice, without incurring liability of any kind and without cause for maintenance purposes.
  2. The Company may, in its sole discretion and without prior notice, terminate your access to this Database and/or block your future access to this Database if the Company determines that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Database.
  3. The Company reserves the right to terminate your account if you have not accessed or used the Database for a period of 12 (twelve) months.
  4. You have the right to terminate your account at any time in accordance with the procedures set forth on the Database for any reason.
  5. You shall terminate your account where you no longer meet the criteria of professional repairer as laid down in the Regulation or the Terms.

 

IV. CHANGES TO THE DATABASE

  1. The Company reserves the right to modify the Database at any time, without notice. You understand and agree that your use of the Database after the date on which these Terms have changed constitutes acceptance of the updated Terms.

 

V. PERSONAL DATA

  1. The terms "personal data", "data subject", "processing", "controller" and "processor" as used in this Section have the meanings given in the GDPR irrespective of whether European Data Protection Law or Non-European Data Protection Law applies.
  2. Personal data processing is necessary for compliance with a legal obligation set out in the Regulation and to ensure the proper and safe use of the Database.
  3. Personal data will be processed pursuant to the principles of lawfulness, fairness and transparency, data minimization, accuracy, storage limitation, integrity and confidentiality, accountability.
  4. The Company processes personal data which it receives from you when you use or expressed intention to use the Database.
  5. The Company may collect personal data and other information from you, such as, name, surname, company name, title, email, IP-addresses, connection date. Moreover, in case of any download and/or opening of the document from the Database, the Company may collect the name of the file in question, type of action concerning the file, information about the browser. 
  6. Personal data are stored no longer than you use the Database and, in any case, no longer than it is required for the purposes for which they have been collected. Upon expiration of the data storage periods the Company shall destroy such data.
  7. All Personal data is stored at servers of UAB Interneto Vizija. For their privacy policy visit: https://www.iv.lt/en/privacy-policy/  
  8. Except as specified below, the Company will not disclose your personal information to third parties without your consent.
  9. The Company may disclose your information to third parties if the Company determines that such disclosure is reasonably necessary to:
    29.1. comply with any applicable law, regulation, legal process, or appropriate government request.
    29.2. protect any person from death or serious bodily injury.
    29.3. prevent fraud or abuse of the Company or users.
    29.4. protect the Company’s rights, property, safety, or interest; or
    29.5. perform a task carried out in the public interest.
  10. You as a personal data subject have the following rights:
    30.1. to obtain information on whether the Company processes your personal data and should the Company process such data, to request an access to such personal data of you.
    30.2. to submit a request to the Company requiring torectify incorrect, inaccurate or incomplete your personal data.
    30.3. to submit a request to the Company to erase your personal data.
    30.4. to submit a request to the Company to limit the processing of personal data until, at your request, the lawfulness of such processing is checked.
    30.5. to express objection with personal data processing for direct marketing purposes, including profiling, and when such personal data are processed in the legitimate interests of the Company.
    30.6. to request a transfer of personal data to another controller or provide them directly to you. Such provision is applicable to personal data, which you have provided and which are processed by automated means on the basis of consent or on the basis of conclusion and performance of the agreement.
    30.7. to withdraw submitted consent concerning processing of personal data without any impact on the use of your personal data that was performed before the withdrawal of the consent.
    30.8. to submit a complaint to the State Data Protection Inspectorate of the Republic of Lithuania.
  11. The Company undertakes to reply to any request within a period of not more than 30 (thirty) calendar days from the day of receipt of such request. In exceptional circumstances, for example due to volume of data the Company requires additional time to provide a reply to the request, the Company shall be entitled to extend the deadline for the submission of the response by additional period of 30 (thirty) calendar days. In case the Company decides to extend the deadline for the submission of the response, it shall give to you a relevant notice indicating the number of additional days for the response and reason to extend the deadline. In any case the period for the response to the request shall not exceed 60 (sixty) calendar days from the day of receipt of the request.
  12. The Company will not transfer personal data outside the European Economic Area unless it takes such measures as are necessary to provide adequate protection for such personal data consistent with the requirements of European Data Protection Law or Non-European Data Protection Law.

 

VI. CHANGES TO THESE TERMS

  1. The Company may change the Terms at any time. You will become subject to the new terms if you explicitly agree to them, or we provide you with notice of the changes. We will provide such notice by sending you an email and/or notifying you on the Database. Unless the Company states otherwise, changes are effective 10 (ten) days from the time they are posted. In the notices, the Company will inform you of the new terms and the main changes to these Terms, your right to object and the importance of the deadline to object.
  2. You are obliged to check your account regularly for a notice about changes to these Terms.
  3. For the avoidance of doubt, if you continue to use your account after the notice period, you agree that you are bound by the changes.
  4. If you do not agree with the new terms you must close your account.

   

VII. LIABILITY

  1. You agree that any violation by you of these Terms will constitute an unlawful and you shall pay to the Company, upon first request, the penalty of EUR 5,000 (five thousand euro) for each violation, which will be considered as minimal damages that cover commercial damages caused by such violation. The use of software or equipment prohibited under article 9.6 of the Terms shall constitute a gross violation of these terms and for such violation you hereby agree to pay penalty of EUR 20,000 (twenty thousand euro) for such violation.
  2. You agree that the Company will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms.
  3. The Company will not be liable for damages or losses arising from your use or inability to use the Database or otherwise arising under this Terms.

 

VII. RESOLUTION OF DISPUTES

  1. The Lithuanian courts will have jurisdiction over any claim arising from, or related to, the Database or the Terms although the Company retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The Terms of use are governed by Lithuanian law.
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