Site usage policy

Last reviewed and effective as of 2016 10 28

  1. PREAMBLE

    1. Welcome to www.locatory.com (hereinafter – the “Site”; for other definitions used herein please refer to article 2 or descriptions that follow), the website, which is operated by UAB “Locatory.com”, a legal entity code of which is 302572273, VAT code LT100006029014, address Smolensko st. 10, Vilnius, Lithuania (hereinafter – “Locatory”).
    2. The following Site usage policy (hereinafter – the “Site Usage Policy”) provides the rules and requirements on usage of the Site and regulates the contractual relationship between the User and Locatory.
    3. This Site Usage Policy together with the Privacy Policy and Cookies Policy shall be regarded as a contract concluded between Locatory and the User on terms of usage of the Site. Such contract shall be deemed concluded when you start using the Site and (or) any of its services.
    4. Locatory makes the Site available as an online platform through which the Registered Users may offer for sale and/or find necessary aircraft parts as well as through which various type of services relevant to aviation industry participants may be provided.
    5. Users may use the Site only for purposes that are described in the Site.Please note that the Site Services shall not be used for the purposes not related to your commercial or professional activities, i.e. for the satisfaction of your personal, family or household needs.
    6. Please review this Site Usage Policy as well as other documents regulating the use of the Site before You begin using the Site. You should carefully assess terms and conditions and requirements provided in this Site Usage Policy.
    7. Please note that Locatory is constantly developing new services for its clients and seeks to improve the ones already available, therefore the scope of the Site Services and conditions upon which they are provided may vary and change after you begin to use the Site and Site Services. Also, due to the above this Site Usage Policy contains only the main principles and rules on use of the Site. Accordingly you shall always follow the instructions and requirements contained in the Site when subscribing and (or) using the Site Services or any part thereof.
    8. Please note that this Site Usage Policy shall also be applicable in full when subscribing and using the services accessible on the sub-domains of the Site: www.locatory.lt and (or) www.market.locatory.com.
    9. When subscribing and using the services accessible on the subdirectory www.locatory.com/rfqsender the site usage policy available here shall apply to your relations with Locatory in respect of such services.
    10. Please note, that any usage of the Site, including browsing in the Site, collecting data and information from the Site, constitutes acknowledgment and acceptance of all provisions of the Site Usage Policy. If you do not agree to any of these terms and conditions of the Site Usage Policy you should immediately cease to use the Site and (or) Site Services. Despite the fact that you stop using the Site and (or) Site Services, the terms and conditions of this Site Usage Policy, Privacy Policy and Cookies Policy shall be applicable further with respect to legal relations that have emerged before you stopped using the Site and (or) Site Services (“primary legal relations”), and also with respect to legal relations that have emerged out of or in connection (“further legal relations”) to the primary legal relations have emerged following the cessation of the usage of the Site and (or) Site Services.
    11. You may not derogate from application of the Site Usage Policy in whole or in part by an agreement, a unilateral deed or otherwise, unless it is expressly allowed to derogate from particular provisions of the Site Usage Policy.
    12. You are not allowed to use the Site and (or) Site Services, if you are under the age of 18 or you are not able to form a legally binding agreement or if your Account has been temporarily or indefinitely suspended or terminated.
    13. This Site Usage Policy is effective as of 2016 10 28.
  2. DEFINITIONS

    1. In this Site Usage Policy the following terms and expressions shall have the following meanings and shall be applicable to capitalized definitions (except for personal pronouns that may be written in capital letters as well as in small letters) in other documents of the Site Usage Policy, if not clearly defined otherwise:
      “Account” shall mean a personal virtual account on the Site, which you open when you register to become a Registered User and intending to use the Site Services.
      “Buyer” shall mean the Registered User that intends to purchase one or more Items on the Site.
      “Cookies Policy” shall mean the rules and requirements on using cookies on the Site. You can read the Cookies Policy here.
      “Locatory” shall mean UAB “Locatory.com” by which this Site is operated.
      “Paid Services” shall mean creation of Account and grant of the ability to use the Site (including the Site Services or any part thereof).
      “Personal Information” shall mean information about the User that is personally identifiable to you, like your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing.
      “Privacy Policy” shall mean the rules and requirements on collection, storage and handling of information (including information about the Users) related to usage of the Site and of Site Services.
      “Intellectual Property Rights” shall mean all rights related to inventions, patents, trademarks, industrial designs, geographic indications of source, copyright, goodwill and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
      “Items” shall mean products which circulation is not prohibited under the applicable law and that are uploaded by the Registered User to the Site for the purposes of selling them.
      “Seller” shall mean the Registered User that intends to upload one or more Item(s) to the Site for the purpose of selling them.
      “Site” shall mean the web site www.locatory.com and all related sub-domains of this web site.
      “Site Services” shall mean all and any services that are accessible on the Site (if any) that are provided by Locatory.
      “Registered User” shall mean a person who creates the Account and uses the Site on behalf of a legal person (an enterprise, a company, an organization, etc.). Using this Site means the opening, browsing, collecting data and information from the Site, using the Site Services (if any), filling the forms of service request or search request (if any) and/or using the Site and its content in any other way.
      “Visitor” shall mean a person who is only visiting the Site and does not create an Account and is not the Registered User.
      “User” shall mean the Registered User and the Visitor together.
    2. Capitalized terms used in the Site Usage Policy not defined in this Site Usage Policy are defined in the other documents of the Site Usage Policy or other requirements and guidelines available on the Site.
  3. THE SITE USAGE POLICY AND DOCUMENTS OF THE SITE

    1. The information, obligations, requirements, guidelines available on the Site as well as the documents linked below describe the terms and conditions on which you may use the Site,and the Site Services available on the Site (a further listing sequence does not mean granting of a priority to separate documents of the Site Usage Policy):
      1. Site Usage Policy;
      2. Privacy Policy;
      3. Cookies Policy.
    2. In case of conflict between the information, obligations, requirements, guidelines available on the Site and provisions of the above indicated documents of the Site Usage Policy, the provisions of the above indicated documents of the Site Usage Policy shall prevail.
    3. This Site Usage Policy together with the Privacy Policy and Cookies Policy replaces and invalidates all and any prior documents providing the rules and requirements on usage of the Site and regulating the contractual relationship between the User and Locatory, including Website Terms of Use.
  4. GENERAL PROVISIONS

    1. These provisions of the Site Usage Policy shall be applicable to all the documents comprising the Site Usage Policy notwithstanding if a clear reference is given in such document of the Site Usage Policy, unless otherwise stated in respective document of the Site Usage Policy or the Site.
    2. References to clauses, items, provisions as well as terms and conditions provided in this Site Usage Policy or particular document comprising the Site Usage Policy are references to clauses, items, provisions as well as terms and conditions of that particular document containing such reference unless specifically stated otherwise. Each time words “include” or “including” or words of similar meaning are used in the Site Usage Policy, it shall be regarded that they are followed by words “without limitation”. The headings of clauses are used for convenience only and shall not affect an interpretation of this Site Usage Policy.
  5. REGISTRATION AND CREATION OF ACCOUNT

    1. In order to be able to use all the Site Services or a part thereof available on the Site you must first register on the Site unless instructions available on the Site provide otherwise.
    2. As soon as the Account is created following the terms and conditions stipulated herein as well as on the Site the Paid Services shall be considered as rendered by Locatory properly and to its full extent and you shall use the Site and (or) Site Services on your own initiative and risk, however always in accordance with this Site Usage Policy.
    3. The registration process may be performed in 3 (three) different ways of which a particular one shall be chosen on your sole discretion:
      1. upon asking Locatory for a membership and creating the Account following the instructions on the Site. It is forbidden to create more than one Account without express written permission of Locatory. Locatory shall have an absolute discretion as whether to accept or not to accept a particular applicant‘s membership asking;
      2. upon communicating with the representatives of Locatory via e-mail, phone call, etc. regarding the creation of the Account by Locatory. When the Account is created and your membership is approved by Locatory all necessary information, including but not limited to password, username, detailed instructions on using the Site, is provided to you.
      3. upon registering on the Site under the instructions available therein.
    4. The Account in any case may be created by registering on the Site according to the following conditions:
      1. you shall duly complete the registration process available on the Site and create the Account following terms of this Site Usage Policy, Privacy Policy and other instructions available on the Site.
      2. during the registration process and afterwards when providing information while using the Site you agree to provide true, accurate, complete information about yourself. In case any of such information changes while using the Site, you are obliged to update such information immediately. In addition you are obliged to maintain truthfulness, accuracy and completeness of such information at all times when using the Site. Additionally you unconditionally acknowledge and agree at any time upon Locatory‘s request immediately to submit the documents (including, but not limited to certificates, customers approvals, agreements, warranties) proving that you own more than 5 000 (five thousand) line Items.
    5. Each registration is for a single entity (an enterprise, a company, an organization, etc.) unless otherwise expressly designated therein. Locatory does not permit:
      1. anyone other than the Registered User to use the sections requiring registration by using Registered User’s name or password; or
      2. access through a single name being made available to multiple users on a network or otherwise unless otherwise expressly agreed in writing.
    6. You are obliged to handle your login data with care, to process it confidentially and to prevent abuse of the login data by third parties. Login data must be protected against unauthorized disclosure, alteration or unauthorized access. You must report to Locatory about any unauthorized use of your login data or Account.
    7. Locatory undertakes to put its best efforts to fulfill the registration process as soon as possible however there is no set time limit within which you shall be completely registered and your Account created providing you with the status of the Registered User.
    8. Access to the Site is strictly limited to those Registered Users who are authorized to form legally binding contracts under applicable law on behalf of the business or organizations they represent. Upon displaying the list of supply Items that are available for delivery, the Registered User hereby unconditionally confirms and guarantees that it is legally able to sell each Item included in a listing on the Site, i.e. the Registered User physically possesses the Items offered through the Site; the Registered User is an authorized representative (distributor) acting on the manufacturer’s behalf or is able to deliver each Item under the contract concluded between the parties and other valid legal grounds.
    9. For the avoidance of doubts, as soon as the registration process is fulfilled and you are provided with the right to use the in accordance with the terms and conditions provided herein the Paid Services shall be deemed duly and completely rendered.
  6. REGISTRATION APPROVAL

    1. When registering on the Site as per clause 5.3.3 hereinabove you may be asked to provide certain information and documents, including but not limited to, copies of company’s registration documents and a copy of one of the following certificates issued to the legal person on whose behalf you aim to create the Account: (i) Aviation Suppliers Association (ASA); (ii) Federal Aviation Administration (FAA); (iii) European Aviation Safety Agency (EASA); (iv) Quality Management Standard (ISO); (v) Aircraft Fleet Recycling Association (AFRA).
    2. Locatory shall review the information and documents referred to in clause 6.1 hereinabove provided by you and at its sole discretion approve or cancel the registration usually within 3 (three) business days.
    3. In order for the registration to be approved by Locatory you shall duly fulfill all the following requirements (unless otherwise stated on the Site):
      1. you shall be representative or employee of an aviation company;
      2. you shall represent and warrant that the Site Services will be used solely in the interest of the potential Registered User (i.e. respective entity);
      3. you shall make the full payment in respect of registration which shall be properly and fully received by Locatory;
      4. you shall provide Locatory with all and any necessary information and/or documents strictly following the instructions available on the Site which shall be completely true, comprehensive and accurate.
    4. In case Locatory at any time and at its sole discretion considers that you do not comply with any of the requirements set out in clauses 6.3.1 to 6.3.4, Locatory shall have an unlimited and irrevocable right to cancel the registration and delete your Account (without prejudice to the other cases of deletion of your Account set forth herein). Locatory may inform you about the cancellation of your Account via e-mail provided by you when registering on the Site.
    5. In case Locatory approves the registration as set out in clause 6.2 hereinabove Locatory may send you an electronic certificate confirming the registration. Such certificate shall be sent to you via e-mail provided by you when registering on the Site.
  7. TERMINATION OF ACCOUNT

    1. Without limiting any remedies Locatory may have against the Registered User, Locatory reserves the right to terminate the Registered User’s password and access to the Site without any refund immediately upon prior notice to the Registered User, in the event that Locatory determines, in its sole discretion, that the Registered User:
      1. does not meet the eligibility requirements set forth in paragraph 5.6. hereof and therefore is not an eligible subscriber; or
      2. has or reasonably appears to have breached any provisions of this Site Usage Policy, Privacy Policy or Cookies Policy; or
      3. is not in compliance with any applicable laws and/or is in any way involved in or linked to, fraudulent activity in connection with the use of the Site.
    2. The termination will take effect immediately upon Locatory giving notice thereof to the Registered User, provided that any notice of termination given under the paragraph 6.1. may, if Locatory in its sole discretion deems that the matter giving rise to such termination is curable by the Registered User, specifically provide cure period during which the Registered User may cure the alleged breach and, in such case, termination will take effect at the end of such period if the breach remains uncured.
    3. The Registered User hereby consents to, and agrees not to contest, any judgment enforcing Locatory’s rights of termination hereunder.
    4. The Registered User shall be free at any time to request termination of the usage of the Site by referring to Locatory.
  8. RESPONSIBILITIES

    1. Locatory makes the Site available as an online platform for Registered Users - Locatory does not sell and does not purchase any Items on the Site. Locatory encourages Registered Users to act in good faith, however Locatory is not responsible for Item quality, Item descriptions, any Items bought, sold, delivered, delivered late or not delivered – these and other similar matters are to be dealt with between Registered Users directly and without any involvement of Locatory unless otherwise explicitly specified on the Site.
    2. The Registered User acknowledges and agrees that Locatory is not required to verify (though it has the right to do so), and cannot be held responsible for:
      1. any actions or inactions of the Registered Users related to the Site and Site Services;
      2. any information that Registered Users post on the Site, its accuracy, comprehensiveness and/or compliance with applicable laws; or
      3. any Items that Registered Users sell or buy through the Site, their delivery or failure to do so.
    3. The Registered User agrees and acknowledges that Locatory is not responsible for the quality and quantity of the Items sold or purchased through the Site or their compliance with any related descriptions.
    4. The Registered User is directly responsible for the information he posts on the Site, and the Items that he posts, sells, exchanges or otherwise transfers to other Registered Users. The Registered User acknowledges and agrees that:
      1. Locatory is not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of information that other Registered Users post on the Site; and
      2. only the information provider is responsible for the accuracy of the information posted on the Site and its compliance with all applicable laws.
    5. The Registered User acknowledges and agrees that the Locatory takes no responsibility for:
      1. any intellectual property infringement arising from the Registered Users’ uploading of photos or any other information or material into the Site;
      2. any disputes between the Registered Users and shall not participate or otherwise have any involvement in their resolution. Those dispute resolutions shall be settled in accordance with applicable laws.
  9. FEES AND PAYMENTS

    1. The Registered User acknowledges and confirms that any and all fees and charges, if any, that are payable to Locatory under this Site Usage Policy shall be paid to Locatory in advance.
    2. The fees payable to Locatory under this Site Usage Policy, the deadline for payments and terms of Site Services, the validity term of the Account and other special matters, if any, shall be agreed upon two different ways of which a particular one shall be chosen (except for that case as set out in clause 5.3.3 hereinabove):
      1. upon concluding the Additional Agreement on Use of the Site (hereinafter – the „Additional Agreement on Use of the Site“) between you and Locatory. The Additional Agreement on Use of the Site shall be deemed as an integral and inseparable part of this Site Usage Policy and contractual relationship between you and Locatory. In case of discrepancies between the texts of the Site Usage Policy and the Additional Agreement on Use of the Site, the text of the Site Usage Policy shall prevail;
      2. upon agreeing via e-mail, phone call, facsimile, etc. You acknowledge and confirm that agreement concluded between you and Locatory in such way shall be deemed as concluded properly and being binding.
    3. There are 2 (two) alternatives to pay the fee to Locatory under this Site Usage Policy when registering on the Site as per clause 5.3.3 hereinabove:
      1. by Credit Card; or
      2. by PayPal money-transfer system.
    4. For the avoidance of doubts, the parties agree that Locatory shall not be held liable for the quality of the services provided by the respective service providers as well as all and any losses and damages incurred by the Users (if any) due to actions and (or) inactions of any of the third parties in relation to the aforementioned payments.
    5. After the payment (if any) is completed Locatory may issue an electronic copy of invoice and send it to your e-mail provided by you when registering on the Site subject to your explicit request. There is no set time limit within which Locatory shall send you respective invoice, however Locatory shall put its best efforts in order to send certain invoice as soon as practicable.
    6. The validity term of the Account may be extended upon separate agreement between you and Locatory. In case of extension of the validity term of the Account the respective fees shall be paid to Locatory in accordance with the procedure set out in point 8.2.1 or 8.2.2 hereinabove. The extension of the validity term of the Account is an independent service of the Paid Services.
  10. REFUND

    1. Please note that Locatory has no obligation to provide you with refunds of any of the Paid Services and any other Site Services except as otherwise described in this Site Usage Policy or agreed in writing between you and Locatory.
    2. In case Locatory does not approve the registration and cancels your Account within the term provided in clause 6.2 due to non-fulfillment or improper fulfilment of any of the requirements stated in clause 6.3 hereinabove, you shall be provided with 100% refund of the sum paid for creation of Account.
    3. In case you intend to register on the Site as set out in clause 5.3.3 hereinabove and it is established that the legal person on whose behalf you aim to create the Account is already confirmed as the Registered User of the Site, you shall be provided with refund of all paid amount for creation of your Account. Please note that in such case upon mutual agreement between you and Locatory you may be added to the referred Registered User’s profile and then you will be able to login into the platform of the Site and use the Site Services using the referred Registered User’s Account.
    4. Locatory shall put its best efforts to provide you with refunds as referred to in this section within 14 (fourteen) calendar days
  11. RELATIONSHIP WITH LOCATORY/NO WARRANTIES

    1. Locatory hosts, maintains, manages the Site, provides Users with the necessary infrastructure for the use of the Site, however, the Site and the Site Services are provided under “as is” and “as available” and „with all faults“ basis. No express or implied guarantee, or representation, endorsement or warranty of any type (including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement) is given with respect to the Site, its content and the Site Services, unless mandatory legal requirements applicable to Locatory and you provide otherwise.
    2. You acknowledge and agree that your use of this Site, any and all of its content, as well as available Site Services, is at your sole risk.
    3. This Site Usage Policy or subsequent use of the Site will not be construed as creating or implying any relationship or agreement between you and Locatory for partnership, except explicitly agreed otherwise.
    4. If there is any service request or search of services form on the Site, the filling of such form on the Site is for informational purposes only and does not mean the order of such services and/or acceptance to carry out the order of such services and does not create any relationship or agreement between the you and Locatory. Locatory undertakes to use its best efforts to respond to such request within the reasonable time, however Locatory shall not be obliged to do so. Furthermore, Locatory reserves the right not to respond to any request unless it is contrary to valid applicable legal requirements. Further relations between you and Locatory regarding provision of any services may be discussed in a separate agreement between the parties.
    5. The Site may contain links to other sites of third parties and Locatory shall not be responsible for any information posted on such sites as well as any services, provided by such third parties through these sites.
  12. PROHIBITED ACTIVITIES ON THE SITE

    1. You are not allowed and agree not to do any of the following on the Site and (or) when using Site Services:
      1. post, provide, transmit misleading, false, or inaccurate information about you, Items, service requests or any other content related to you an (or) the Account;
      2. act in bad faith, in breach of applicable legislation or otherwise contradictory to good business practices;
      3. use the Site and/or Site Services in any manner that could harm any person, his property or legitimate interests;
      4. take any action that imposes, or may impose, at the Locatory’s discretion, an unreasonable or disproportionately large load on Site’s infrastructure;
      5. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Locatory in connection with the Site or the Site Services;
      6. in any way use a software:
        1. that would disable or impair the Site or any software, firmware, hardware, computer systems or networks in any way;
        2. that is usually referred to as “viruses“ or “worms” and (or) the purpose of which is to disable, disrupt, harm or otherwise impede in any manner, the Site and (or) operation of the Site or any other software, firmware, hardware, computer system or network;
        3. that would allow you or any other person to access the Site to cause disablement or impairment of the Site or any other websites, software of hardware or to transmit information (for example “traps,“ “access codes,“ or “trap door“ devices, or “spyware“, etc.); or
        4. that contains any other harmful or malicious procedures, routines or mechanisms, which would cause the Site and (or) or software, firmware, hardware, computer systems or networks to cease functioning or to damage or corrupt content of the Site, software, programs, equipment or communications or otherwise interfere with operations of the Site, the Owner, Users or any other third party.
      7. distribute spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or any other content which is usually unwelcome by users of electronic communications;
      8. use any software or other automated means to access and gather information in the Site without express written permission from Locatory;
      9. repeat any action which Locatory requested to refrain from, whether or not such action is clearly prohibited in the Site Usage Policy;
      10. impersonate or misrepresent your affiliation with any person or entity;
      11. copy, modify or distribute content from the Site without the prior express written permission from Locatory;
      12. provide any information on behalf of Locatory, other Users or any third parties without prior written approval of respective person;
      13. use the Site to sell, buy or otherwise dispose with Items in a manner in any way contrary to applicable legal acts, including, but not limited to United Nations resolutions, EU and US legislation on antiterrorism and import, export (re-export) control in as much as these are related to the use, transfer and any other matters related to the Items;
      14. breach other terms of Site Usage Policy and/or applicable legal acts.
    2. Without limiting other remedies, you agree that a breach of any of the rules indicated above or in any other provision of Site Usage Policy shall entitle Locatory to issue you with warnings, limit, suspend, or terminate our services (including Site Services), restrict or prohibit access to, and your activities on the Site and (or) take technical and legal steps to keep you off the Site at any time. You agree that Locatory shall unilaterally decide on whether you have breached the Site Usage Policy and undertake to accept any decision of Locatory as legitimate and fair.
  13. INTELLECTUAL PROPERTY RIGHTS

    1. Locatory or, if expressly specified, third parties retain the Intellectual Property Rights to the Site and its contents to a maximum extent possible under the laws applicable to this Site Usage Policy. All according rights are reserved worldwide.You may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works of, exploit or distribute, in any matter, the Site, the content on the Site, including text, graphics, code, and (or) software, or any other content, unless Locatory has granted written permission for such action, or if such action is expressly allowed under specific circumstances in this Site Usage Policy. However, you may print and (or) download individual pages of the Site solely for your personal, non-commercial use, provided that you do not change or delete any copyright and proprietary notices from the materials.
    2. You acknowledge and agree that Locatory owns all Intellectual Property Rights in and to the Site (including, but not limited to the Site Services and everything related thereto), and that except as expressly set forth in this Site Usage Policy, you shall not acquire any Intellectual Property Rights in and (or) to the Site.
    3. All trademarks and service marks available on the Site are the property of Locatory or Locatory is legally using them. No rights to use of such trademarks and (or) services marks are licensed by Site Usage Policy.
    4. The contents of the Site may be quoted under condition that prior written consent of Locatory is received and the source of content is properly indicated.
  14. AMENDMENTS OF THE SITE USAGE POLICY AND SITE SERVICES

    1. Locatory reserves the right to revise (including to modify, amend, supplement, cancel, annul) the Site Usage Policy or any part thereof and any linked information from time to time at its sole discretion without prior notice to you, however, Locatory shall announce amendments of the Site Usage Policy publishing it on the Site. Revised Site Usage Policy, or any part thereof, shall be deemed effective and applicable from the moment it is published on the Site, except when such amendments provide otherwise. Locatory shall not be responsible for any damages or adverse effects incurred by you or any third parties due to unawareness of any amendments of the Site Usage Policy. Therefore, Locatory encourages you to check for any amendments of the Site Usage Policy periodically. If after any amendment of the Site Usage Policy or any part thereof you do not agree with respective changes, you are free to request termination of the usage of the Site.
    2. Reference to the Site Usage Policy or any document comprising the Site Usage Policy means a reference to a then valid edition of the Site Usage Policy or any document comprising the Site Usage Policy, unless clearly stated otherwise.
  15. NOTICES AND COMMUNICATIONS

    1. Unless you otherwise indicate in writing or otherwise is stated in particular document comprising the Site Usage Policy, Locatory will communicate with you by email or phone call. You consent to receive communications from us electronically and you agree that these electronic communications are safe and satisfy any legal requirement as communications in writing. You will be considered to have received a communication when Locatory sends it to the email address you have provided on the Site.
    2. All notices to Locatory intended to have a legal effect to this Site Usage Policy shall be in writing and delivered either in person or by a means evidenced by a delivery receipt, as follows: info@locatory.com; address: UAB “Locatory.com”, Smolensko str. 10, LT-03201 Vilnius, Lithuania. Such notices to Locatory are deemed effective upon receipt.
  16. LIABILITY

    1. If you breach obligations under this Site Usage Policy, Website Subscription Agreement and (or) other document of the Site Usage Policy, you will be obliged to compensate Locatory or other third party the damages suffered and reimburse all and any losses, expenses and costs incurred by Locatory or third party due to such breach. Compensation of damages and reimbursement of losses does not exempt you from the further fulfillment of the obligations undertaken by this Site Usage Policy or any other document of the Site Usage Policy.
    2. In no event shall Locatory be liable under this Site Usage Policy or other document of the Site Usage Policy to you or third party in any form of liability, for:
      1. any indirect or incidental damages that may be incurred;
      2. any loss of income, loss of business opportunities or loss of goodwill, business or profits (whether direct or indirect) that may be incurred;
      3. any claim, damage, or loss which may be incurred by as a result of any your agreement with other Users.
    3. If applicable mandatory provisions of laws provide otherwise, some or all of these limitations and exclusions indicated in this Section may not be applied.
    4. You agree to release Locatory and (or) its partners, agents, affiliates, licensors, sponsors, advertisers from any liability and indemnify them from and against any and all losses, costs, expenses, damages incurred by them and arising from or related to any cause of action, claim, suit, law or other proceeding, demand and (or) action brought by a third party against them:
      1. in connection with your use of the Site Services available on the Site; and (or)
      2. resulting from:
        1. your use of the Site;
        2. your decision to supply personal financial information on the Site;
        3. any breach of the services agreement or other claims made by User with which you conducted business through the Site;
        4. your breach of any provision of this Site Usage Policy, Cookies Policy, Privacy Policy;
        5. any liability arising from the tax treatment of payment or any portion thereof;
        6. any kind of data loss;
        7. your business interruption.
  17. APPLICABLE LAW AND DISPUTE RESOLUTION

    1. If mandatory provisions of the law of the Republic of Lithuania, including mandatory provisions of the European Union law, do not require otherwise, the Site Usage Policy and legal relations arising out of or in connection with this Site Usage Policy (including matters concerning the conclusion, validity, invalidity, performance, termination of and rescission) shall be governed by and interpreted under the law of the Republic of Lithuania.
    2. All and any disputes, controversies and claims arising out of or relating to the Site Usage Policy, their breach, termination, rescission or validity shall be resolved according to the order established in laws of the Republic of Lithuania at the courts of the Republic of Lithuania at place of registered office of the Owner.
    3. If the dispute arises out of or in connection with the agreement concluded between you and one or more Users, the dispute shall be resolved under the procedure set forth in the agreement. For the avoidance of doubts, in case of such dispute, Locatory shall not be liable an shall not be held liable for claims, demands, damage and losses of every kind and nature arising out of or in connection with such disputes and you waive all your claims and demands to Locatory in relation thereof, if such claims would exist or emerge.
  18. MISCELLANEOUS

    1. Locatory does not guarantee the accuracy, completeness or relevancy of the information made available on this Site, except the accuracy, completeness or relevancy of such information and to the extent, which is required by the applicable laws of the Republic of Lithuania. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
    2. You acknowledge and agree that you are advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of the Site Services.
    3. If any provision of a document the Site Usage Policy is contrary to the requirements of the laws or upon their amendment becomes contrary, or is invalid due to other reasons, it shall not affect validity of other provisions of the relevant document of the Site Usage Policy. In such case it will be immediately substituted by Locatory with a legally effective provision, which in its merits should correspond to purpose of the invalid provision of the relevant document of the Site Usage Policy.
    4. Regardless of the reasons termination of the Account as well as the termination of any relationship between Locatory and you and withdrawal of any portion of Site Services shall not affect the validity of terms and conditions of the Site Usage Policy, Privacy Policy and Cookies Policy regulating the Intellectual Property Rights, confidentiality, liability, applicable law and dispute resolution as well as the validity of other conditions thereof, if such conditions according to their essence shall be applicable thereafter.
    5. You shall not be entitled to assign (transfer) the Site Usage Policy and (or) your rights and obligations arising out of or in connection to it without prior written and explicit consent of Locatory. However, Locatory shall be entitled to assign (transfer) without your additional consent (this provision shall be deemed as your sufficient consent) any rights and obligations under the Site Usage Policy documents to an entity merging (consolidating) with Locatory or purchasing substantially all assets or stock of Locatory. In case of such assignment the terms of the Site Usage Policy will be binding upon assignees. Any of unauthorized assignment shall be null and void and constitute a breach of this Site Usage Policy.
  19. CONTACT INFORMATION

    If you wish to report a violation of the Site Usage Policy, have any question or need assistance regarding the Site Usage Policy, please contact Locatory as follows:

    Email: info@locatory.com
    Phone: +370 520 75423




Privacy policy

This Privacy policy (hereinafter – the “Privacy Policy”) provides the rules, requirements and conditions on collecting, storing, using and disclosing Personal Information submitted through domain www.locatory.com and/or any of its sub-domains, including but not limited to, www.locatory.lt, www.market.locatory.com, www.locatory.com/rfqsender (hereinafter collectively referred to as the “Sites” and each individually to as the “Site”). This Privacy Policy is an integral and inseparable part of Site Usage Policy of respective Site and forms a part of the contract concluded between the User and Locatory. Please note that the definitions used herein have the meaning described in the Site Usage Policy of the Sites, unless provided otherwise.

Terms and conditions of collecting, storing, using and disclosing Personal Information using cookies, if any, are described in a separate document – Cookies Policy, which is also an integral and inseparable part of Site Usage Policy of respective Site.

This Privacy Policy is effective as of 2016 08 04.

  1. GENERAL

    1. By submitting Personal Information through any of the Sites, including but not limited to any information that is automatically submitted when you are browsing any of the Sites, you agree with Site Usage Policy of respective Site, including the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.
    2. Locatory as well as each and any User shall be bound by the Privacy Policy and other documents of the Site Usage Policy. This Privacy Policy is binding to anyone who visits and/or uses any of the Sites or any part thereof as well as any service, tool or any other content available on any of the Sites.
    3. Your Personal Information may be processed by Locatory in the country where it was collected, as well as in other countries. The User also understands and agrees that Personal Information, as well as any other information related to the User and collected by Locatory can be stored in both the Republic of Lithuania and any other country.
    4. Locatory reserves the right to revise (including to modify, amend, supplement, annul) this Privacy Policy or any part thereof and any linked information in accordance with the rules established in the Site Usage Policy of respective Site. The revised version of the Privacy Policy is effective at the time it is published on the Sites except when such amendments clearly provide otherwise.
  2. COLLECTION OF PERSONAL INFORMATION

    1. Each time when you are visiting any of the Sites, the servers of Locatory temporarily store information about the accessing agent in a log file. In the course of this procedure, the following data is automatically collected and stored, without any action on your part, until the time of automatic deletion: the IP address of the accessing computer, the date and time of access, the name and URL, the website from which access is made, the operating system of your computer and the browser used by you as well as other technical data, the name of your internet access provider, your language configuration and geographical origin (other related technical data may be collected and stored as well). The data is collected and processed for the purpose of enabling the Users to use any of the Sites, to enable the technical administration of the network infrastructure and the optimization of the Site Services as well as for internal statistical purposes. Also, the IP address may be analyzed and used in case of breach of Site Usage Policy of respective Site, attacks against any of the Sites infrastructure and for statistical purposes and in other cases, if prescribed in this Privacy Policy.
    2. When you create an Account and acquire the status of the Registered User, register Items, purchase Items, submit RFQs or use any other services provided on respective Site, Locatory may collect and store the following Personal Information (if the Registered User submits such data):
      1. Your first name and last name, company name, email address, phone/fax number, physical contact information and other personal information that identifies you;
      2. For issuance and acceptance of invoices as well as for purchase of the Site Services (if such Site Services are available on respective Site), financial information, such as credit card or bank account numbers and other financial information you provide. By using any of the Sites, you acknowledge and agree that internet transmissions are never completely private or secure;
      3. information about device that you use to connect to any of the Sites (for example, personal computer, notebook, mobile phone etc.) for proper functioning of respective Site and administration;
      4. other information from your interaction with respective Site, the Site Services available on respective Site, content and advertising, including discussions, chats, requests, correspondence through respective Site, if any, correspondence sent to Locatory’s device ID, connection information, statistics on page views, traffic to and from respective Site, standard web log information;
      5. the Account’s password;
      6. transactional information based on your activities on respective Site, the Site Services available on respective Site including but not limited to selling, purchasing, and any other content you generate or that relates to your Account;
      7. additional information from you or about you in other ways not specifically described here (for example, information related to your contacts with Locatory, storing results when respond to a survey, etc.);
      8. any other information you provide or you are required to provide on respective Site, including but not limited to the ability to receive promotional offers from Locatory.
    3. Unless other provisions of this Privacy Policy provide for different method of your acceptance with use, collection and storage of Personal Information, you shall note additionally, that when you intentionally provide Locatory with any Personal Information through respective Site and/or Site Services available on respective Site (e.g. by submitting Item information or RFQs, filling on-line forms, etc.) you automatically consent to the use, collection and storage of Personal Information as indicated in this Privacy Policy.
    4. Locatory reserves the right at any time in the future to include other optional requests for information from the Users to tailor any of the Sites and deliver personalized information to the Users.
    5. The Registered User may check, review and amend most of his/her Personal information provided on respective Site by signing on to his/her Account and using setting on the Site (if available) unless in particular case it is stated otherwise.
    6. If the Registered User shall decide, that he/she disagrees with the processing of his/her Personal Information by Locatory, Registered User may submit an according request to Locatory at any time by sending an email notification to info@locatory.com. After the receipt of this request, Registered User’s access to respective Site or to the Site Services may be limited or terminated.
  3. MARKETING AND ONLINE SURVEYS

    1. Locatory does not make Personal Information available to third parties for their use and also does not sell the data to third parties for their marketing purposes without Users’ explicit consent.
    2. Upon your consent by filling the registration or other forms that may be available on respective Site, your email address may be used to receive marketing communications about respective Site, available Site Services, current promotions, newsletters and other.
    3. You may not opt out of receiving administrative communications from Locatory regarding respective Site you use and the Site Services available on respective Site. In addition, you may not opt out of Locatory sending you legal notices related to respective Site you use and the Site Services on respective Site.
    4. Locatory may conduct you surveys to collect information about your preferences. These surveys are optional and if you choose to respond, your responses shall be kept anonymous, unless in particular case it is stated otherwise.
  4. USAGE OF PERSONAL INFORMATION

    1. The main purpose for collecting Personal Information is to provide Users with safe, smooth, efficient and customized services on the Site. Upon this document you agree that Locatory may use your Personal Information to:
      1. provide the Site Services available on respective Site and User support if requested;
      2. create and manage your Account;
      3. collect fees, process payments for purchases or other services (if available on respective Site);
      4. develop and deliver products and/or services upon Users request (if available on respective Site);
      5. offer other products and services;
      6. resolve troubleshooting problems;
      7. improve the Site Services to meet the needs and the preferences of the Users;
      8. prevent, detect and investigate potentially prohibited or illegal activities on respective Site;
      9. customize, measure and improve Site Services, content and advertising;
      10. fulfill legal and regulatory requirements;
      11. inform about the Site Services upon your consent deliver targeted marketing and service updates;
      12. for other purposes described in this Privacy Policy, or indicated when the Personal Information is collected.
    2. Following this Privacy Policy Locatory also may use Personal Information for its own internal purposes, including but not limited to contacting Users via email or phone call to inform you about updates to the Site Services and provide you with information relating to e-commerce transactions that may be conducted on respective Site.
  5. DISCLOSURE OF PERSONAL INFORMATION

    1. Locatory shall not disclose your Personal Information to any third party without your prior consent or respective legal grounds unless otherwise stated herein. Locatory may disclose your Personal Information to respond to legal requirements, enforce its policies, reply to provided claims or other content, that violates the rights of other third parties or protect anyone’s rights, property or safety. Such information will be disclosed in accordance with applicable laws and regulations.
    2. Under this Privacy Policy you agree that Locatory may also share your Personal Information, including Registered User’s content, with:
      1. third party contractors and/or partners who work on behalf of or with Locatory to provide you with Site Services, to help Locatory to communicate with you or to maintain any of the Sites;
      2. other service providers under contracts concluded with Locatory, who help with Locatory’s business, Site Services or operations of respective Site;
      3. other third parties to whom you explicitly ask us to send your Personal Information;
      4. the parent company of Locatory , its affiliates or associated companies, any subsidiaries, joint ventures, officers, employees, agents, licensors, business partners;
      5. other business entities, in case of merger or acquisition of Locatory or transfer of respective Site or assets related to any of the Sites. In such case Locatory will require that the new entity will follow this Privacy Policy with respect to Registered Users’ Personal Information. If your Personal Information will be used contrary to this Privacy Policy, you will be given the prior notice.
    3. Locatory shall have a right to post billboard announcements informing other Registered Users about you (your company) as a new user registered on the Site www.market.locatory.com. Such announcements shall be available to review only to the Registered Users of the Site www.market.locatory.com. The referred announcements may contain all or part of the newly Registered Users’ basic Personal Information, including but not limited to, the Registered User’s contact details, i.e. name, surname, company name, country, website (if any), phone number, fax number (if any).
  6. PROTECTION OF PERSONAL INFORMATION

    1. Locatory is using reasonable and adequate administrative, physical, technical and procedural measures and methods to safeguard Personal Information in our possession against loss, theft, and unauthorized use, misuse, illegal disclosure, modification and destruction.
    2. Please note that, although we make reasonable efforts to protect your Personal Information, with current technology, Locatory cannot and does not guarantee the security of your Personal Information as well as any other information that is delivered, received or otherwise used through any of the Sites and Site Services as it is delivered or collected using the internet, which means that such information may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    3. With the exceptions described in this Privacy Policy, Locatory also cannot and does not guarantee the privacy and security of your Personal information shared through any of the Sites with other Users (if available).
  7. THIRD PARTIES

    1. Except as otherwise expressly provided in this Privacy Policy, this document addresses only the use and disclosure of information Locatory collects from Users throughout the Sites. If you disclose your Personal Information to others, whether they are Users or other third parties on respective Site or other sites throughout the internet, different rules may apply to their use or disclosure of the information disclosed to them.
    2. Locatory does not control privacy policies of third parties and you are subject to the privacy policies of those third parties where they are applicable.
    3. Locatory is not responsible for privacy policies or the content of any other websites to which any of the Sites links or which link to any of the Sites. By clicking on a link, logo or the other item, or using certain services available on respective Site, including the online communication services, please note that you may no longer be on respective Site.
  8. TERMS OF STORAGE OF PERSONAL INFORMATION

    1. Locatory shall have the right to store User’s Personal Information from the moment such information becomes available to Locatory.
    2. Locatory shall have the right to store the Visitor’s Personal Information from the time of Visitor’s last visit in respective Site for the period not exceeding 1 (one) year which is necessary to achieve all and any goals for collection of Personal Information indicated in this Privacy Policy.
    3. Locatory shall have the right to store the Registered User’s Personal Information for the period not exceeding 1 (one) year from the moment the Registered User’s Account is terminated following provisions of the Privacy Policy and/or Site Usage Policy of respective Site.
    4. Notwithstanding the above, Locatory reserves the right to store Personal Information for longer or shorter time period in order to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce rights under the Site Usage Policy and take all and any other necessary actions permitted by applicable laws.
  9. DISPUTE RESOLUTION

    The rules applicable with respect to the issues of an applicable law and dispute resolution are indicated in the Site Usage Policy.

  10. CONTACT

    To report a violation of the Privacy Policy, to submit a question or in case of necessity of assistance regarding the Privacy Policy or practices, please contact Locatory Customer Support Service as follows:

    Email: info@locatory.com
    Phone: +370 520 7543




Cookies policy

This Site uses cookies. This Cookies policy (hereinafter – the “Cookies Policy”) is an integral and inseparable part of the Site Usage Policy of this Site and forms a part of the contract concluded between the User and Locatory. Please note that the definitions used herein have the meaning in the Site Usage Policy and/ Privacy Policy of the Site unless clearly provided otherwise.

This Cookies Policy is effective as of 2016-03-25.

  1. DEFINITIONS

    "Cookie", also known as a web cookie, browser cookie and HTTP cookie, shall mean a small text document with unique identification number which is transferred from this Site to User's computer's hard drive. A cookie can be used for authentication of the User, storing site preferences, shopping cart contents, the identifier for a server-based session, or anything else that can be accomplished through storing text data.
    "Web beacons" shall mean small bits of code embedded in web pages or in emails.

  2. PURPOSE OF COOKIES

    1. Locatory uses Cookies and Web beacons to provide the User with a richer and more personalized User experience while using the Site, as well as due to other reasons. These technologies help Locatory to understand User behaviour better, facilitate and measure the effectiveness of the Site Services, advertisements and web searches, analyze trends and improve the quality of the Site.
    2. Locatory in no event shall be held responsible for the content of third party external websites which may or may not set cookies.
  3. NOTICE TO USER AND GAINING USER'S CONSENT

    When you enter this Site for the first time, a banner will appear at the top of your screen notifying you that Locatory may use Cookies outlined in this Cookies Policy. The banner will ask if you agree on saving Cookies on your device. Should you agree or disagree, Locatory will place a Cookie on your computer to record your choice. The notification banner will not appear on your screen on future visits to the Site but the option to remove Cookies is open to you at any time, through browser settings.

  4. HOW TO CHANGE COOKIES SETTINGS

    1. You can manage your Cookies settings using "Help" function on your web browser.
    2. You can change your browsing settings so that Cookies are not accepted. Should you choose to remove any or all of the Cookies, please note that use of the Site may be affected by the removal of Cookies and if the computer that you disable Cookies on is a shared facility, this removal will affect all users using the computer.
  5. MORE INFORMATION ON COOKIES

    You may find more information about Cookies at www.allaboutcookies.org (as well as other online resources), which gives details on how to delete Cookies from your device.

  6. OUR TYPES OF COOKIES

    Cookie The purpose of data management Necessity The moment of creation The period of validity The data used Additional information
    PHPSESSID The Cookie is designed to realize the functionality of the Site. Session Cookie. Required. First entering the Site. Until the browser window is closed. Stores the User's session - unique identifier.  
    _utma These Cookies are used to collect the statistical information about the Site traffic. The resulting data is used to prepare the reports and to improve the Site. Tracking Cookies. Optional, without these Cookies system would work. However, these Cookies are recommended. Entering the Site. 2 years from creation/update. Determines which domain to measure. Google Analytics - Cookies are used to collect information about how visitors use the Site. This uses the system developed by Google that is used on the majority of websites. Important - Google Analytics do not store any personal information about the Site Users.
    _utmb 30 minutes from creation/update. Determines new sessions/visits.
    _utmc Until the browser window is closed. Sets for interoperability with urchin.js.
    _utmt 10 minutes. Throttles request rate.
    _utmz 6 months from creation/update. Stores the traffic or campaign that explains how the User reached the Site.
    _ga 2 years. Distinguishes Users.
    _gat 10 minutes. Throttles request rate.
    _ym_visorc_
    20551501
    Until the browser window is closed. Protects character “w”, it is not personal information. Used to collect information about how Visitors use the Site.
    amber This Cookie is used to ensure that the User does not appear in the same promotional information. Entering the Site. 100 hours. Records Locatory Amber.
    lang The Cookie is used to save the Site language chosen by the User. Language Cookie. System might not work correctly if this Cookie is not set. Keeps information about in which language User navigates on the Site. Entering the Site or choosing the other Site language. Until the browser window is closed. Uses the choice of the Site language.
    _atuvc,
    _atuvs
    AddThis Session Cookie. Required. First entering the Site. 2 years. Stores the User‘s session – unique identifier.
    city User location Session Cookie. Required. First entering the Site 1 year. Stores the User‘s session – unique identifier.
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