Last updated 3 November 2022
By registering as a user of the Arkaader online portal and by providing free or for-fee services or by beginning to use the free or for-fee services provided by the Arkaader online portal, you confirm that you have reviewed the terms and conditions of this user agreement (hereinafter: the terms and conditions), consent to the terms and conditions and undertake to comply with the terms and conditions with respect to the following:
1.1 The terms and conditions apply to all the legal relationships arising between the users of the Arkaader online portal (hereinafter: the online portal) and the owners of the online portal, the National Archives of Estonia and the Estonian Film Institute (hereinafter: the service provider), and between mutual service offers by the users and the merchants (party selling items/services to the user on the online portal) during the use and provision of the services that are on the online portal.
1.2 The services cited in the terms and conditions (hereinafter: the services) are intended to refer to in particular, but not exclusively, the provision of the user with the possibility of purchasing services on the online portal by means of a sales portal, and also other services offered on the online portal. The service provider arranges for the sale of new products and services online, by acting as a sales and advertising medium.
1.3 In addition to the terms and conditions, the relations between the user and the service provider are governed by the legislative provisions in effect in the Republic of Estonia, the specific terms and conditions set by the merchant for a given service or sale offer, and good practices.
2.1 All communications and information are exchanged between the user and the service provider electronically using the electronic mail addresses specified by the parties.
2.2 The online portal is open every day. The official time of the sale of a service is calculated according to the clock of the service provider’s server, which does not always correspond to the time displayed on the user’s web browser. The service provider does not guarantee the functioning of the service on all web browsers.
3.1 The service provider is entitled at any time to monitor the activity taking place on the online portal, including the monitoring of purchase offers being made by the users of the online portal. The service provider may conduct investigations in relation to any breaches of the terms and conditions in the event of all suspicions by using all lawful means to this end.
3.2 The service provider is entitled at any time, in the interests of the better utilisation of the online portal, to reposition data within the online portal with respect to the purchase/sale offers entered by the users of the online portal, without changing the content of such offers in doing so.
3.3 The service provider has the right to send the users personalised commercial communications and other offers. The user has the right to decline the said communications by notifying the service provider thereof.
3.4 The service provider accepts no liability for any errors caused by any third parties that may affect equipment or cause a situation where a transfer of funds or a card payment may fail. Should any problems arise in relation to a transfer of funds or a card payment, the user is obligated to notify these immediately to the service provider's user service at info@arkaader.ee.
3.5 When a product or service is purchased, the service provider will issue the registered or unregistered user of the service digital pass. For registered users, the digital pass is displayed on the ‘My passes’ menu. The digital pass is activated at the start time of the service provided and remains valid until its expiry. The pass of an unregistered user remains valid until the end of the online session, that is, until the closure of the browser window. For that reason, we recommend that you register as a user before purchasing a pass.
3.6 In the event of a payment made with a credit card (Visa, MasterCard) after the finalisation of an order, the customer will be directed to the secure portal of Nets Estonia AS for effecting payment. There you will see a pre-completed payment order indicating the amount payable. Once the card number, security code (3-digit code on the reverse of the card) and the expiry date of the card have been entered, Nets Estonia will authorise the transaction at the customer’s bank. For requesting card details, the SSL security protocol and the MasterCard SecureCode and Verified by Visa security programmes are used, ensuring that the information being exchanged cannot be eavesdropped on or modified by any unauthorised parties.
3.7 The service provider accepts no liability for the performance of a contract regarding which its acts as an intermediary or to which it refers a party.
3.8 The service provider accepts no liability for the quality of products or services sold by merchants.
3.9 If the service provider suspects that the use of a service involves inappropriate activity (for example, cases of fraud), it may, if needed, terminate the sales transaction or remove the user from the system.
3.10 The service provider has the right to interrupt the service at any time whatsoever without any prior specific notification thereof. After an unforeseen interruption, maintenance suspension or other reason for the disruption of the service, the service will be resumed and the possibility of the provision of services will continue.
3.11 The service provider is obligated to disburse revenue to the merchant electronically, once a month and by the 10th day at the latter’s written request.
3.12 The service provider is entitled at its discretion to either restrict or cancel the user’s right to use the page, including changing any information disclosed by the user on the page or closing the user’s user account and not enabling them to register as a user again if the user:
3.12.1 breaches the terms and conditions or any obligations of the user resulting from the terms and conditions;
3.12.2 has presented, when registering as a user of the page or using the page, information that is false, misleading and/or inaccurate;
3.12.3 knowingly and intentionally spreads false information on the online portal, offends other persons in any many whatsoever or behaves inappropriately.
4.1 For the purposes of these terms and conditions, the merchant is a person who sells on the online portal services to the user and is responsible for the existence, availability and quality of the goods/service.
4.2 A sales contract is concluded by users with the merchant who is responsible for the accuracy of the information, the performance of the sales contract, and the existence, availability and quality of the goods/service.
4.3 Unless agreed otherwise, the merchant earns revenue according to the following formula: ‘Revenue’ = (‘Quantity of services sold’ × (‘Price of the pass set by the merchant’ – ‘Value-added tax 20%’)) – ‘Service provider’s costs’. The service provider’s costs are considered to be at a minimum 25% of the cost of the service (digital pass) or another minimum price which the merchant is notified of when the price is set.
4.4 A merchant that is a private individual must declare their revenues as income to the Estonian Tax and Customs Board if this is stipulated by law.
5.1 The user undertakes to present fully correct personal data when registering as a user of the online portal, including registering under their correct and full name and using a valid email address, and:
5.1.1 not use the online portal for unlawful transaction(s) and/or fraudulent action(s);
5.1.2 keep the password and user ID set for using the page so that it does not come into the possession of any third parties;
5.1.3 promptly inform the service provider via email of any information or circumstances that have changed compared to those presented at the time of registering as a user of the online portal;
5.1.4 promptly inform the service provider via email about the password and/or user ID set for using the page having been lost or come into the possession of any third parties.
5.2 By performing each action on the online portal, the user confirms that they:
5.2.1 are a person with passive legal capacity and active legal capacity who has the right to effect the transactions enabled on the online portal;
5.2.2 duly perform all the obligations stipulated in the terms and conditions;5.2.3 are aware that the relevant sales contracts are concluded by users with merchants;
5.2.4 are aware that the purchase/acceptance of passes entails a binding obligation/contract and that in the event of a failure to perform such an obligation the user shall be liable, to the full extent, for any loss or damage caused by the breach of the obligation;
5.2.5 when consenting to the terms and conditions, the intent of the user and the service provider is not directed at creating any other legal relationships apart from those explicitly stated in the terms and conditions or in the specific terms and conditions;
5.2.6 are aware of and consent to the fact that the service provider has the right perform the processing of the user's personal data in accordance with the legislation in effect in the Republic of Estonia and the terms and conditions;
5.2.7 understand fully and without difficulty all the provisions contained in the terms and conditions and understand fully that the use of the online portal may entail legally binding obligations for them.
5.3 A sales contract is concluded on the assumption that the user is a person with active legal capacity who has the consent of their legal representative for performing the relevant act. The service provider accepts no liability for any purchases made by persons with restricted active legal capacity or for any financial loss or damage that may result therefrom.
5.4 If a merchant has set up their service accordingly, it is possible for the user to become a subscriber to the service of the merchant provided via Arkaader. In general, subscription entails regular and periodic automatic payments for the merchant’s service. In order to cancel a subscription and terminate standing-order payments, the user has to act in accordance with the payment method chosen at the time of the activation of the subscription. If a credit-card payment was the payment method chosen at the time of the activation of the subscription, a request to the relevant effect should be sent to tugi@arkaader.ee. If PayPal was the payment method chosen at the time of the activation of the subscription, the user can end the subscription by logging in into their PayPal account at https://paypal.com and terminate the standing-order payment there.
5.5 Product and/or service profiles are presented by merchants, and the service provider accepts no liability for the accuracy thereof. A right of cancellation is in effect in a situation where the merchant has failed to provide the service at the time or on the terms and conditions indicated. The user undertakes to notify the service provider's user service thereof at info@arkaader.ee. If it is detected that the service has not been provided at the time or on the terms and conditions indicated, the amount previously paid for the use of the service will be refunded 100% to the bank account of the user who has submitted the request.
6.1 Personal data are processed according to Arkaader’s privacy terms and conditions.
6.2 The user has the right to ask for a complete or partial deletion of their personal data by sending a letter to the relevant effect to tugi@arkaader.ee. A complete deletion of data means the closure of the user account and entails the deletion of the entire content created with the account (including videos and other media).
7.1 The service provider is entitled to unilaterally amend or supplement these terms and conditions as a result of the evolution of the online portal and the services and in the interest of them being better and more secure to use.
7.2 The service provider undertakes to notify the user of any amendments or supplementations to the terms and conditions by means of relevant communications published on the online portal.
7.3 Any amendments and supplementations to the terms and conditions take effect upon the relevant amendment or supplementation being published on the online portal.
7.4 The user confirms their consent to the amendments or supplementations to the terms and conditions by using the service after the relevant amendments/supplementations have taken effect.
8.1 Any legal relationships between the user and the service provider resulting from the use of the page are subject to the laws of the Republic of Estonia.
8.2 The user and the service provider shall endeavour to resolve any disputes arising from the use of the page by means of negotiations. Failing agreement, the dispute shall be settled in the Harju County Court.
8.3 The terms and conditions shall apply upon being accepted by the user and apply during the validity of the legal relationships, governed by the terms and conditions, between the user and the service provider. The user has the right to withdraw from the terms and conditions within 14 days of accepting them; also, the user has the right at any time to cancel the legal relationships governed by the terms and conditions, by performing the applicable obligations they have towards the service provider.