This Terms and Conditions is a proposal for Eva.fm (hereinafter – the “Administration”), to conclude a contract on the following Terms and Conditions.
Carefully read the Terms and Conditions before using the Service. If you do not agree with Terms and Conditions or do not have the right to conclude an agreement based on them, you should immediately stop any use of the Service.
The use of the Service, including every access to the Mobile application’s pages by any means, indicates the full and unconditional acceptance of Terms and Conditions.
1. General Provisions
1.1. The following terms and definitions are used in this document and in the consequent or related relations of the Parties:
a) Authorization is the process of analysis of the Authentication data entered by the User by the software part of the Service, the results of which provide the User with access to the Account.
b) Account is a User account containing Authentication and other data provided by the User in the process of using the Service.
c) Authentication data are unique means of identification of the User (login and password) used for Authorization.
d) Content is any informational materials, including text, graphic, audio-visual and other materials that can be accessed using the Service.
e) Paid services are additional services provided to the User by the Administration on a paid-for basis.
f) User are you and/or another person in whose interests you have entered into Terms and Conditions with the Administration in accordance with the requirements of current legislation and Terms and Conditions.
g) Registration is the actions of the User to create an Account according to the procedure established by the Administration. During the Registration process, the User should specify the preferred method for Authentication of data, and may also indicate other optional information as it deems necessary.
h) Mobile application is a software designed to work on smartphones, tablets and other mobile devices. Mobile application is an automated information system available on the Internet at (including subdomains) www.eva.fm.
i) Service is the set of functional capabilities of the Administration’s software and hardware, including the Mobile Application and Content, to which the User is granted access for information service purposes.
1.2. Your use of the Service in any manner and in any form within its declared functionality, including:
a) viewing materials posted on the Mobile Application;
b) registration and/or authorization on the Mobile Application;
c) posting or displaying on the Mobile Application any materials;
d) viewing Content within the Service;
e) subscribing to the newsletter;
f) sending a message using online forms on the Mobile Application;
g) contacting the support service of the Mobile Application using the details posted on the Mobile Application;
h) other use of the Service, creates an agreement under Terms and Conditions in accordance with the provisions of the Law of the Republic of Latvia.
1.3. By using any of the above capabilities for using the Service, you acknowledge that:
1.3.1. Acquainted with Terms and Conditions in full before using the Service;
1.3.2. You accept all Terms and Conditions in full without any exceptions and limitations on your part and agree to abide by them or to stop using the Service. If you do not agree with Terms and Conditions or do not have the right to conclude an agreement based on them, you should immediately stop any use of the Service;
1.3.3. Terms and Conditions (including any of its parts) may be modified by the Administration without any special notice. The new edition of Terms and Conditions comes into force from the moment of its posting on the Administration Mobile Application.
1.4. Terms and Conditions regulates the rights and obligations of the Users and the Administration, as well as relations with third parties whose rights and interests may be affected as a result of the actions of the Users.
1.5. Terms and Conditions may be amended or terminated by the Administration unilaterally without prior notice to the User and without paying any compensation in this regard. The user who does not agree with Terms and Conditions of the current version of Terms and Conditions in whole or in part, must stop any use of the Service.
1.6. Violation by the User of Terms and Conditions may result in termination of access to the Account or deletion of the Account of such User, as well as full or partial deletion of the Content or restriction of access to it without prior notice.
2.1. The subject of Terms and Conditions is to provide the User with access to the Products and/or services provided on the Mobile Application.
2.2. The Mobile Application provides the User with the following types of services:
2.2.1. Service location selection
2.2.2. Creating service booking
2.2.3. History review of made bookings
2.3. All the existing (actually functioning) services of the Mobile Application, as well as any subsequent modifications and additional services that appear in the future, fall under the scope of Terms and Conditions.
3. Data Protection for Individuals
3.1. Using any of the capabilities for using the Service, the User clearly and definitely agrees to the processing of their personal data and the processing of their sensitive personal data, including but not limited to the collection, use, registration, alteration, deletion and transfer for legitimate accounting needs of Administration in accordance with the laws of the state to which the data is transmitted, and in accordance with the applicable regulations in the field of personal data protection, and does not violate the relevant regulations that force in the Republic of Latvia.
3.2. The Administration processes personal data only in accordance with the purpose set forth in Terms and Conditions, and in accordance with the mandatory technical and organizational requirements for the protection of personal data specified in Terms and Conditions.
3.3. The Administration provides and ensures that the processing of personal data carried out within the framework of Terms and Conditions is carried out in accordance with the applicable regulations in the field of personal data protection and does not violate the relevant regulations in force in the Republic of Latvia.
3.4. The Parties provide information of a professional, business, industrial, economic, commercial, and technical nature, transmit all the confidential information necessary for the provision of the service and undertake not to disclose it either verbally, in writing or in a generally comprehensible way to third parties without the written permission of the Parties.
4. Account Registration
4.1. User registration on the Service is free and voluntary.
4.2. When registering on the Service, the User is obliged to provide the necessary up-to-date information for the formation of the User Account, including data unique for each User (email address and access password).
4.3. When registering through third-party services (social networks and others), information for the user account is automatically transferred from the account data in the third-party service;
4.4. The portal Administration may request additional information from the User if a violation of Terms and Conditions is suspected immediately after registration and later when using the Service.
4.5. After filling in the Registration form, the User must confirm the Registration by activating it in accordance with the instructions sent by the Administration to the email address specified by the User during Registration (Registration Address).
4.6. The Administration has the right, at its discretion, to set the requirements for a login and password.
4.7. The User is entitled to register no more than one user account on the Service.
4.8. For Registration, the User give the information provided by the Registration form and keeps this information up to date. If the Administration has reason to believe that the information provided by the User is not accurate and relevant, the Administration has the right to terminate access to the User Account at its discretion or delete the Account.
4.9. A number of functions of the Service will be available to the User after Registration, as a result of which a unique account will be created for the User.
4.10. The user is responsible for the security of the Authentication data selected by them and their confidentiality.
4.11. The User is responsible for all actions performed using the User Authentication data. All actions performed after the Authorization using the User Authentication data are considered to be performed by the User, unless the User, in accordance with the procedure provided by Terms and Conditions, has previously notified the Administration about the possibility of unauthorized access and/or any violation (suspicion of violation) of the confidentiality of their Authentication data.
4.12. The User is solely responsible for the security (including resistance to guessing) of the means chosen by them for access to the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Service under the User’s account, including cases of the User’s voluntary transfer of data to access the User’s account to third parties under any conditions (including under contracts or agreements). At the same time, all actions within or using the Service under the User’s account are considered to be performed by the User, except for cases when the User, in the manner prescribed in clause 4.11., notified the Administration of unauthorized access to the Service using the User’s account and/or any violation (suspicion of violation) of the confidentiality of their account access (password or two-factor authentication means).
4.13. The user is responsible for any loss or corruption of data, as well as other consequences of any nature that may occur due to the violation of the provisions of Terms and Conditions by the User.
4.14. Also, the User can get access to additional functions of the Service using their Account for Authorization (Third Party Account). The functionality available through the Third Party Account may be limited or different compared to the Account functionality.
4.15. Technical data transmitted to the Service by the User’s software, as well as other data transmitted by the User to the Service, will be available to the Administration and may be used by the latter at its own discretion by non-prohibited regulatory acts, including for targeting advertising displayed to the User.
5. Termination of the Account
5.1. The Administration reserves the right to delete the Account if access is not provided by the User for more than two years in a row or has been restricted during the same period due to violation of Terms and Conditions.
5.2. The User has the right to delete an account using the account management interface.
5.3. Within two years, the User can restore the account.
5.4. If the User does not restore the Account, all User data, and all Content placed using the Account and marked by the User in the interface as to be deleted, will be deleted, except for the data specified in clause 4.2. of Terms and Conditions. From this point on, the restoration of the Account, as well as any information relating to it, is impossible. Data stored in accordance with clause 4.2. of Terms and Conditions from this point on will also be unavailable to the User and third parties and can be provided by the Administration only at the request of authorized bodies.
5.5. The Administration draws the attention of the User that the Administration is obliged, regardless of the will of the User, to store and provide data by the legitimate requests of the authorized bodies.
6.1. The use of the functionality of the Service is allowed only after the User’s registration and authorization on the Mobile Application in accordance with the procedure established by the Administration.
6.3. The username and password chosen by the User are necessary and sufficient information for the User’s access to the Mobile Application. The User is not entitled to transfer their login and password to third parties, is fully responsible for their safety, independently choosing the method of their storage.
6.4. A mandatory condition for the conclusion of Terms and Conditions is the full and unconditional acceptance and compliance by the User of the requirements and provisions of Terms and Conditions.
6.5. The Administration has the right to set limits and introduce other technical restrictions on the use of the Service, which from time to time will be communicated to the Users in the form and method chosen by the Administration.
7.1. Unless otherwise specifically established by a separate agreement between the User and the Administration, the Administration may place advertisements on the Service without additional notice and without any compensation to the User.
7.2. The Administration has the right to change at any time the method, type and amount of advertising placed on the Service.
7.3. Participation of the User in promotions and events advertised on the Service, as well as the acquisition by the User of goods, works or services advertised on the Service, gives rise to rights and obligations exclusively between the User and the person selling the relevant product, work, services or conducting the action or event.
7.4. The Administration has the right to send the User information on the Service, as well as third-party advertising, to the email address indicated by them.
8.1. The User agrees to receive informational emails (hereinafter referred to as “notifiers”) from the Administration to the email address and/or subscriber phone number specified by you when working with the Service in order to receive confirmation and important information relevant to the booking.
8.2. The Administration has the right to use the notifiers to inform the User about changes and new features of the Service, about amendments to Terms and Conditions, as well as for newsletters of an informational or promotional nature.
9.1. By agreeing to Terms and Conditions, you understand and acknowledge that:
9.1.1. The provisions of the legislation on consumer protection are not subject to the relations of the Parties in providing the Service free of charge.
9.1.2. The Service is provided for use on an “as is” basis, in connection with which Users are not provided with any guarantees that the Service will meet all the requirements of the User; services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Service will be accurate and reliable; the quality of any product, service, information and Content obtained using the Service will meet the expectations of the User; all errors in the Content and/or software of the Service will be corrected.
9.1.3. Since the Service is at the stage of constant addition and updating of new functionality, the form and nature of the services provided may change from time to time without prior notice to the User. The Administration has the right, at its sole discretion, to terminate (temporarily or permanently) the provision of services (or any particular functions within the framework of the services) to all Users in general or to you, in particular, without your prior notice.
9.2. The User is not entitled to independently or with the involvement of third parties:
18.104.22.168. copy (reproduce), in any form and manner, the computer programs and databases that are part of the Administration Service, including any of their elements and Content;
22.214.171.124. reverse engineer, emulate, decompile, disassemble, decrypt, and perform other similar actions with the Service
126.96.36.199. create software products and/or services using the Service without the prior permission of the Administration.
9.3. If you find any errors in the Service or in the Content posted on it, inform the Administration about this at the address specified in the details or separately on the support service Mobile Application.
10.1.1. The User shall be liable for violation of Terms and Conditions, including requirements for the Registration and placement of Content, as well as for violation of applicable laws by the User, including laws of the Republic of Latvia and legislation of the location of the User.
10.1.2. Administration is not responsible for:
10.1.3. Delays or failures in the process of the operation, caused by force majeure, as well as any case of problems in telecommunications, computer, electrical and other related systems caused by their unavailability and/or loss of information.
10.1.4. Any damage to any equipment, computer programs or information caused or associated with the use of the Service, including damage caused by a change in the Service in the manner specified in clause 4.11. of Terms and Conditions.
10.1.5. Actions of transfer systems, banks, payment systems and for delays associated with their work.
10.1.6. The proper functioning of the Mobile Application, if the User does not have the necessary technical means for its use, and also does not bear any obligations to provide the User with such means.
10.2. Any losses that the User may incur in the event of deliberate or careless violation of any provision of Terms and Conditions, as well as due to unauthorized access to the communications of another User, are not reimbursed by the Administration.
10.3. Under any circumstances, the responsibility of the Administration is limited to EUR 1,000.00 and is imposed on them solely if they are guilty.
11. Other Conditions
11.1. Terms and Conditions, the procedure for its conclusion and execution, as well as issues not regulated by Terms and Conditions are governed by the laws of the Republic of Latvia in force.
11.2. A claim with all the necessary information must be sent to the email address email@example.com within 30 calendar days from the date of the dispute arising from Terms and Conditions and/or related to the Service and Content.
11.3. In the case when the specified period (in accordance with clause 11.2. of Terms and Conditions) has expired, the User has no right to send claims.
11.4. All disputes under Terms and Conditions or in connection with it are subject to consideration in court at the location of the Administration in accordance with the applicable procedural law of the Republic of Latvia.
11.5. Terms and Conditions may be amended or terminated by the Administration unilaterally without prior notice to the User and without paying any compensation in this regard.
11.6. The current version of Terms and Conditions is posted on the Administration Mobile Application and is available on the Internet at waitingforhosting.com