Regulations for Portal Users www.mugawa.com
Portal Users must comply with the following Regulations of portal use (here ater regulations)
1.1 General
The proprietor and administrator of the Portal www.mugawa.com (hereafter Portal) is a shareholder Mugawa.com OÜ (hereafter Shareholder) register code 11491283, postal address: Luise 40-13, Tallinn 10142, tel.+3726616916, e-mail mugawa@mugawa.com.
1.2 The Shareholder offers an access to the Portal to any users via Internet where the users may accumulate and exchange information primarily relevant to the real estate deals, offer and suggest the deals for the real estates, as well as avail themselves with other services offered by the Shareholder.
1.3 Adherence to the Regulations is a must for all registered parties of the Portal (hereafter User) as well as of the Shareholder.
1.4 The terms of the Regulations hold true to the legal relations happening between the User and the Shareholder in offering services (hereafter Services) by the Portal. Portal regulations are null and void either for the Users or the Shareholder when the User escapes the Portal for other site.
1.5 Additionally to the regulations, parties are directed by services price list (hereafter Price List) valid at the moment of offering services by the Portal.
1.6 The Shareholder is not responsible for the quality, reliability, volume and accuracy of the information obtained by the users relevant to subjects of the agreements in the deals made with the help of the Portal data.
1.7 Information exchange and notes between the User and the Shareholder is done electronically through the Portal or through the rules given to the addresses unless otherwise mentioned.
1.8 If one the items of the present Regulations is contrary to the Law, it does not affect all the Regulations. In contradiction of the item of the regulations to the law a corresponding law is applied.
2. The Portal status.
2.1 The Shareholder offers to the User a virtual place in the Portal (hereafter Page) where the User may obtain and offer suggestions to the sale/purchase of things/services, as well as make use of other services.
2.2 Deals among the Portal Users are done without the Shareholder and therefore the Users are personally responsible for proper execution of the agreements.
2.3 The Shareholder is not responsible for the quality and quantity of things/services sold or bought through the Portal Page.
2.4 The User is totally responsible for the usage of its Portal Page. The Shareholder is free of liability, accuracy, actuality and adherence to good custom and other rules coming from fulfillment of the present Regulations and User's services, displayed at the users Page, offers and other information shown by the user at the page.
2.5 The Portal secures the right to choose its partners, for te agreements.
3. Rights and Duties of the User.
The User is:
3.1. Not to use its Page for illegal deals and/or cheating.
3.2. To provide: that when using the Page the date|sent, i.e information of the user is to be:
3.2.1. Free from errors, correct and/or proof positive.
3.2.2. Free from offers to buy,sell and rent things and/or services forbidden or of limited civil circulation.
3.2.3. Not contrary to the Law or other Law acts.
3.2.4. Not violating Copyright or other king of the third party properly.
3.2.5. Not contrary to good custom of the country.
3.2.6. Free from virus or other programs or files which obstruct, deteriorate or otherwise impede the normal function of the Portal which can be recorded in the computer of the user while working in the Portal or block, damage of the otherwise impede normal computer work or while dubbing in the computer user it may damage it or otherwise obstruct its normal function.
3.3. Without delay electronically inform the Portal about all the changes of the data and other information of the User against its particulars at the registrations.
3.4. Keep the name of the User and pass world away from the third party except for the cases when the User delegated its right to use its page on its own behalf.
3.5. Without delay electronically inform the Portal about the loss or getting to the third party its own password and/or the Users name.
3.6. Pay services as per the Portal Price List.
3.7. The User, accomplishing performance at the Page confirms that he:
3.7.1. Is undoubtedly capable 18 year old under the Estonian Republic Law or
3.7.2 A legal registered person as per the Law, representative of which is in power to present the persons interests at the Page and accept responsibilities of the person.
3.8. The User is aware that buying/selling deals made by him are performed without the Portal action and the User is personally responsible for accomplishing its contract liabilities.
3.9. When agreed to the present regulations, the User limits his legal deals with the Shareholder within the present Regulations.
3.10. The User is informed and totally agreed that proceeding from items 4.6. of the present Regulations the Shareholder secures the right to share the information about its Users which he/she obtained from users in registration and while using its Page with its chosen reputed partner.
3.11. The User may not enter any other information about anything other then it is required in the Page usage, including prohibition while describing anything in the portal input an advertisement, logos and other-like particulars. In violation the above mentioned point the Shareholder considers this information as an advertisement and holds the right to demand additional pay as per the Portal Price List.
4. Rights and Duties of the Shareholder.
4.1. The Shareholder is immediately to inform the User of all the changes in the Regulations and/or Prices through notices at the Portal Pages.
4.2. If the User does not comply to its duties coming from the terms of the present Regulations, if confirmation of the User is wrong or incorrect or if the user while registering to the Page or using it gives the information which is wrong, confuses and/or misleads, the Shareholder on its own discretion may limit or sojourn the right of the User to do the Page.
4.3. The Shareholder holds the rights on its own discretion and on its own accord change the Regulations and Prices, if these changes are required for further development of the Pages and Services, as well as for better and safer use. These changes and Prices come into force the instant of their publishing at the Portal. The use keeping the user of the Page agrees to these changes and additional regulations or prices after their displaying at the Portal.
4.4. The Shareholder reserves the right to watch the activity of the User at the Page. The Shareholder holds the rights to investigate all so called violations of the Regulations applying for that all the legal means.
4.5. The Shareholder holds at any time the right to get rid of all suggestion made by the User if those suggestion go against the Regulations, Law and good custom. The Shareholder at any time may
for the propose of betterment reorganize the data entered by the User without changing its content.
4.6. Information which the User entered in registration & while using the Page may be used by the Shareholder for its own growth. The Shareholder does not give use &does not sell this information to the third party. Despite all the above mentioned the Shareholder in doing further reserves the right to share the above mentioned information to its confidential partners in order to make it better, wilder & more developed through otherwise servicing.
4.7. The Shareholder validates additional terms of obtaining Portal material, the Users will be notified of at the Portal correspondingly.
4.8. The Shareholder owns the rights to present and give use information & material at the Portal.
5. Processing personal data by the Shareholder
5.1. The Shareholder processes the users data which the user hands over to the Shareholder. Giving the personal data to the Shareholder is not obligatory apart from communication contact information which is need for response to application ,order & other users demand.
5.2. When registering the user to the Portal, the user has to submit selective date about itself.
5.3.In doing so the user gives its consent to process personal data envisaged by the Regulations to provide quality & availability of services, as well as broadening ,betterment, applying other ways for betterment.
5.4The Shareholder collects & keeps personal data electronically making extracts from them differently when required.
5.5.The Shareholder is not obliged to keep personal data in the database of the Portal. The Shareholder holds the right to keep the data of users for some period announced and/or for some time, which is required by the Shareholder to perform its own announced functions.
5.6.Personal data are used to commute with the user & to respond to any of user for other needed actions.
5.7.The Shareholders does not announce & does not give data of users to the third party otherwise than they are envisaged in cases within the Regulations.
5.8.The Shareholder holds the right to use personal data personally & give it to the third party selectively by the Shareholder itself to accomplish joint cooperation primarily for the real estate with the help of which the Shareholder performs its services as well as the data may be given to the parties taking part in fulfillment their responsibilities between the user & the Shareholder.
5.9.The Shareholder holds the right to pass personal information of those users who did not pay on time for the services provided to those parties which deal with debtors(encasement and so on)and which announce the debtors, for example credit info & other bodies processing these data in their own database to make decision on crediting of the aforementioned user.
5.10.If the User would like to know its own data in the Shareholders database, he can send a corresponding request to the address shown in the present Regulations.
5.11.The User holds the right to correct & amend its own data in the Shareholder data base.
5.12.The User at any time may withdraw its own consent for the usage of its personal data, request termination processing, destroying or putting to an end its personal data, as well as closing its personal account. To do this he can send a corresponding petition to the Shareholder's address shown in the present Regulations. The withdrawal does not have any reversal.
6.Payment.
6.1.The User pays all the services as per the Portals Price List on the base of which the Shareholder displays electronically to the Users account & which the User clears at the mentioned on the account time.
6.2.For any overdue the Shareholder seeks penalty of 0,1% over the amount of each overdue day. Accounts overdue, the Shareholder forwards to those bodies deal with debtors(encasement).All expenses due to debts are covered by the User personally.
7.Other
7.1.All Copyrights for the materials given at the Portal belong to the Shareholder or given to the Shareholder in the amount of its required use at the Portal.
7.2.The User when giving Copyrights to the portal transfers to the Shareholder the rights on its use and on ownership of the Copyright for the period of Copyrights validity. The Shareholder holds the right to use the given by the User material for its personal need, prohibit or allow its use, including reproduction,promotion,translation,auditing,rearranging,amending,modifying,compiling with other works, collection or database and public display.
7.3.The User holds the right to use Copyrights without the Shareholders consent only with reference to the Shareholders Portal as the source.
7.4.At the Portal in the form of the paid service one may display an advertisement (hereafter banner).Information about size and price of banner is placed at the relevant section of the Portal. To place an advertisement one has to send an application to the Shareholder, enclosing the banner in the file form. The sides agree to this separately.
7.5.The present Regulations are enforced from the moment of their user approval and are valid during legal relations between the User & the Shareholder made on the bases of the present Regulations. The User may in a fortnight from the moment of approval of the present Regulations withdraw from them, as well as the User holds the right at any time to break away from the agreement based on the present Regulations, preliminary carrying out its responsibility to the Shareholder and other users.
7.6.The Shareholder on its own discretion may limit or cancel the right of using the Portal by the User, including a change in information, given by the User or close its personal account and prohibit reregistering at the Portal in case the User abuses the present Regulations or in circumstances coming out of them, if he presents false or wrong information of acted otherwise unconscientiously.
7.7.Estonian Republic Legislation and developed good custom are applied to the present Regulations between the Shareholder & the User.
7.8.Arguments occurring between the Shareholder and the User are settled by talks. Arguments not settled are sued at Harju Maakohus Court.