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DISTANCE AGREEMENT FOR THE PURCHASE OF A SERVICE SUBSCRIPTION OVER THE INTERNET

GENERAL INFORMATION

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 BUYER, on the website liepajniekiem.lv, hereinafter – WEBSITE, or on the website kurzemes-vards.lv, hereinafter – WEBSITE KV, and both contracting parties together – PARTIES . The BUYER, by making a purchase on the SITE/SITE KV within the scope of this Agreement, expresses his consent to its terms, is entitled to print and save these terms of the Agreement.

Within this Agreement:

1. BUYER is a natural or legal person who purchases paid content services on the WEBSITE/SITE for purposes that are not related to economic activity, hereinafter referred to as BUYER;
2. SERVICE is one of the content services listed in this paragraph, which is available for purchase on the SITE/SITE KV, and whose subscription the BUYER is entitled to purchase:

1. Liepajnieks plus – a paid digital content service, including articles, photos, which is specially created, selected and published on the WEBSITE with the indication “plus”,
2. “Kurzemes Vārds” electronic subscription – paid digital content service on WEBSITE KV, including an identical electronic copy of the printed newspaper “Kurzemes Vārds” (registered in the mass information register with no. 000700763, from 28.11.1991) in terms of visual and content volume, as well as access one month for the archive of previous electronic copies,
3. “Kurzemes Vārds” printed newspaper – regional newspaper published in paper format (registered in mass information register with no. 000700763, from 28.11.1991), whose delivery to the BUYER in Liepāja and Grobinė (city) is provided by SIA “AC Kurzemes Vārds”, or elsewhere in Latvia by VAS “Latvijas Pasts” according to its delivery schedule.
4. TERM AND PRICE OF SERVICE

The SERVICE subscription is fixed for a fixed term, at a certain price, which KV can change without prior notice (changes do not apply to the already paid SERVICE term), by notifying the BUYER no later than 30 days before the new price comes into force. KV and the BUYER agree that changes in the price of the SERVICE are applied to the new period at the end of the pre-paid 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:

1. Liepajnieks plus have a 4 (four) week permission to use the SERVICE at the price of EUR 1.99 (one euro and 99 cents).
2. “Kurzemes Vārds” electronic subscription is a 4 (four) week permission to use the SERVICE at a price of EUR 4.99 (four euros and 99 cents).
3. The printed newspaper “Kurzemes Vārds” is a paper edition at the price of EUR 8.95 (eight euros and 95 cents) for one month.
4. SERVICE PURCHASE AND BILLING

This section of the Agreement describes the procedure for purchasing the SERVICE and payment for the purchase of a SERVICE subscription.

2.1. The Buyer can purchase the SERVICE only after registering on the WEBSITE/WEBSITE KV. In order to purchase a SERVICE subscription, the Buyer must select its 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 familiarized himself with the content 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 BUYER’s mobile communications service provider’s bill), and it is made as a regular payment, its term automatically extending to the next fixed term of 4 (four) weeks. electronic subscription, but automatically extending to the next calendar month for the SERVICE Kurzemes Vārds printed newspaper subscription, and the payment for the SERVICE subscription is automatically credited to the KV bank account, until the BUYER chooses to stop buying the SERVICE subscription on the WEBSITE by activating CANCEL SUBSCRIPTION in the registered profile.

3. SERVICE SUBSCRIPTION COURSE NAME PRINTED NEWSPAPER DELIVERY START.
   1. If the BUYER has paid for the SERVICE on a working day by 2:00 p.m., then delivery of the subscription starts the next working day, if the delivery is provided by AC Kurzemes Vārds, or after two working days, if the delivery is provided by Latvijas Pasts;
   2. If the BUYER has made the payment on a working day after 2:00 p.m., then delivery of the subscription starts the next working day, if the delivery is provided by AC Kurzemes Vārds, or after three working days, if the delivery is provided by Latvijas Pasts;
4. REFUSAL RIGHTS

KV Within the framework of this Agreement, with the SERVICE Liepajnieks plus and Kurzemes Vārds electronic subscription provides a service that corresponds to the online prepaid service of digital content (delivery of digital content as e-publications that are not delivered on an independent data carrier), available on demand and its delivery is started with the SERVICE the moment of payment of the subscription, in which the SERVICE subscription is automatically activated. The BUYER agrees that the use of the SERVICE begins with the activation of the SERVICE, therefore the BUYER waives the 14-day right of withdrawal and the refund of the amount paid, based on MK 20.05.2014. the provisions of clause 22.13 of Regulation No. 255 “Regulations on distance contracts”.

4. PEER RESPONSIBILITY

THE CONTRACTOR is not responsible for the obligations of the other CONTRACTOR towards third parties, if such arise in connection with the implementation of this contract. The PARTIES agree that if one of them fails to fulfill its obligations under the Agreement due to force majeure circumstances, it shall be released from responsibility for non-fulfillment of the Agreement at all or improper fulfillment of the Agreement. Force majeure means any circumstances beyond the CONTRACTOR’s control (if the CONTRACTOR has acted reasonably and honestly), as a result of which it was not possible to fulfill the obligations properly or at all, and if these circumstances could not have been foreseen not only by the CONTRACTOR in question, but by any other person who operates or would operate in the relevant PEER’s industry, as well as if it was not possible to prevent these circumstances with reasonable and fair methods.

5. CONFIDENTIALITY

All information that is not publicly available and that one of the PARTIES provides to each other during the execution of the Agreement or that is revealed while performing work duties, including information about the financial situation, used technologies and computer programs, plans for the development of the SERVICE and the WEBSITE, is recognized and considered confidential.

Such information is not considered confidential if, before obtaining it, it was already at the disposal of the other PARTY, or it was publicly known, and if at the time of receiving such information, the condition of confidentiality was not applied to it;

6. COPYRIGHT

As part of this Agreement, KV grants the BUYER a general license for the SERVICE. The BUYER is prohibited from using the digital content available during the SERVICE for activities not provided for in this agreement, including copying, reproducing, publishing or using it in any other way without the written consent of KV and contrary to the requirements of 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 Kurzemes Vārds electronic subscription, according to which the copyright to the digital content available on the SERVICE and its platform solutions belongs to KV and it is not aware of any third party who could use these KV the right to dispute, as well as to put obstacles to the use and/or distribution of the SERVICE.

7. DATA PROCESSING

PARTIES agree that each PARTY as a data controller and personal data operator during the term of this Agreement manually and/or electronically processes (including collecting, registering, entering, storing, transforming, using, transferring, transmitting, blocking or deleting data) from the other PARTY received data, only insofar as it is necessary and follows from the concluded Agreement. Purpose and purpose of data processing: conclusion of the contract, preparation and sending of invoices, payment management, mutual communication and ensuring cooperation, ensuring effective KV management processes, business planning and analysis, consideration and processing of claims and/or applications, sending out news as far as necessary and follows from the concluded Agreement. 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 form throughout the duration of the Agreement, as well as during the limitation period specified in the applicable laws and regulations, within which complaints can be filed, claims raised and similar processes initiated. The PARTNER may transfer the personal data of the other PARTNER to the engaged processors who provide accounting, legal, IT or other similar services within the framework of this agreement. By concluding the Agreement, the BUYER agrees to data processing, restoration and storage, identification, sending information about SERVICE changes and offers, etc. The BUYER, who is a consumer within the scope of this Agreement, has the right to request the KV to provide free of charge the information it has about the BUYER’s personal data, has the right to request its correction or deletion, as well as, if necessary, has the right to withdraw his previously issued consent 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 otherwise terminated.

8. DIFFERENT RULES

This Agreement came into force when the BUYER made a purchase of a SERVICE subscription on the WEBSITE, agreed to its terms and paid the subscription fee. The contract is concluded for an indefinite period of time and is valid until the undertaken obligations are fulfilled. Likewise, the BUYER has the right to cancel the SERVICE subscription by making appropriate changes on the WEBSITE. The refusal in this case applies to the subsequent subscription period for which the BUYER has not paid and/or does not plan to do so. Any dispute between the PARTIES arising from this Agreement shall be resolved by negotiation. If it was not possible to resolve the dispute without court mediation, the dispute is considered in the court of the Republic of Latvia.