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TERMS OF SERVICE

 

General Provisions

 

1.                    These Terms of Service (hereinafter referred to as the Rules) regulate the rights and obligations of the persons purchasing the services provided by the Seller on the website https://www.popupnotifications.com/, conditions of acquisition, payment, and termination of the services.

2.                    The rules only apply to the purchase of services on the website https://www.popupnotifications.com/.

3.                    By purchasing services, person confirms that he/she has read these Rules and agrees with the conditions set out in them.

4.                    The Rules have been prepared in accordance with the Civil Code of the Republic of Lithuania and other legal relevant acts.

5.                    The Seller has the right to change/update these Rules at any time. The Buyer can get acquainted with the changes on the Seller's website at https://www.popupnotifications.com/.

6.                    Terms used in the Rules:

6.1.             Seller - the manager of the website https://www.popupnotifications.com/.

6.2.             Buyer - a natural or legal person who acquires the services sold by the Seller.

6.3.             Parties - the Buyer and the Seller together.

6.4.             Personal data - personal data provided by the Buyer, a natural person, required for the purchase of services and/or the creation of the Buyer's account.

6.5.             Privacy Policy - a document approved by the Seller and published on the website, regulating the collection, use and storage of the Buyer's personal data.

6.6.             Buyer's account - a personal account created by the Buyer on the Seller's website, where the Buyer can manage ordered services.

 

Acquisition of Services

 

7.                    The Buyer may purchase the services sold by the Seller only on the website https://www.popupnotifications.com/.

8.                    Placing an order:

8.1.             The buyer selects the service plan he wants to order on the website https://www.popupnotifications.com/ and clicks “Choose plan”.

8.2.             The buyer is asked to register by providing personal data: name, surname, e-mail address.

8.3.             Buyer creates account login password and clicks “Register”.

8.4.             After clicking “Register” Buyer is redirected to the payment window.

8.5.             The buyer pays for the chosen plan.

9.                    By registering on the website, the Buyer agrees to these Rules, data controller's privacy policy and the processing of the Buyer's personal data for the purpose of ordering and administering the services.

 

Payment

 

10.               When the Buyer orders services in accordance with the procedure specified in Chapter II of these Rules, the Buyer is directed to the window for payment for services.

11.               The Buyer may pay for the services in the following ways:

11.1.        Using PayPal or Stripe:

11.1.1.        After selecting the payment via PayPal or Stripe systems, the Buyer is directed to the payment window and, after entering the required bank details, the payment is made. With PayPal or Stripe payment, Buyer can choose monthly or annual payments.

11.1.2.        The order is executed, and the service is provided only upon receipt of the Buyer's payment.

11.2.        The buyer has the option to make the payment by bank transfer. With this payment method, the Buyer's order is executed upon receipt of payment, and until the payment is made, the status of the order is suspended. After choosing the payment by bank transfer, the Buyer's bank details are provided to the Buyer, and the Buyer makes the payment at a time convenient for him. After choosing the payment method by bank transfer, the Buyer does not have the opportunity to choose the Recurring Payment method.

12.               When paying, Buyer can choose:

12.1.        Periodicity of payment: payment may be made once per calendar year or once per month.

12.2.        If the Buyer chooses periodic payments every month when paying by non-bank transfer, the Buyer may choose to pay each time by a separate transfer or choose the service “Recurring Payment”. After selecting the recurring payment service, the amount of the service plan price will be deducted from the Buyer's payment card every month during the validity period of the selected plan.

13.               After selecting the payment parameters, the Buyer enters the personal data required for the submission of the invoice: name, surname, address, country, and telephone number.

 

Execution of the Order and Buyers‘ Account Management

 

14.               After the Buyer has paid for the order in accordance with the procedure established in Chapter III of these Rules, the Buyer shall acquire the selected service plan.

15.               After payment, the Buyer may cancel the submitted order within 14 days of placing the order.

16.               The order is not executed, and the services are not provided if Buyer does not pay for the selected service plan.

17.               The Buyer can manage the ordered services in his personal account: change the selected plan, contact details, accept, or reject messages from the Seller.

18.               Upon expiration of the paid service plan chosen by the Buyer, the Buyer service plan becomes free of charge. The buyer can delete the account and all data in it without wanting to continue using the free account services. The Seller also has the right (but not the obligation) to delete the Buyer's free account and all data contained therein without prior notice to the Buyer after the plan selected by the Buyer becomes free.

 

The Right to Withdraw from the Contract

 

19.               Buyer, a natural person (consumer), may at any time within 14 days from the moment of ordering the services, without giving a reason, cancel the purchase and sale agreement concluded on the website.

20.               To withdraw from the concluded contract, the Buyer must provide the Seller with a clear statement setting out his decision to withdraw from the contract.

21.               The Seller shall return the amount of money paid for the service plan to the Buyer within 14 days after Buyer withdraws from the contract.

22.               Upon termination of the paid service plan, the Buyer's service plan becomes free of charge. The buyer can delete the account and all data in it without wanting to continue using the free account services. The Seller also has the right (but not the obligation) to delete the Buyer's free account and all data contained therein without prior notice to the Buyer after the plan selected by the Buyer becomes free.

 

Rights and Obligations of the Parties

 

23.               The buyer has the right:

23.1.        To get the services specified in the description of the service plan that he purchased.

23.2.        To change contact information in Buyers‘ personal account.

23.3.        To withdraw from the contract and demand a refund of the money paid, in accordance with the procedure established in these Rules.

24.               Obligations of the Buyer:

24.1.        To pay the Seller for the service plan on time and in accordance with the procedure established in these Rules.

24.2.        Do not use services sold / provided by the Seller for such purposes that violates legal acts of the Republic of Lithuania.

25.               The Seller has the right:

25.1.        To withhold from executing the order placed by the Buyer until the Buyer has paid for it.

25.2.        Unilaterally change the terms of order fulfilment after notifying the Buyer by e-mail.

25.3.        Unilaterally change the prices of sold service plans. Price changes do not apply to orders confirmed before the changes take effect.

25.4.        Block the Buyer's account and the service plan provided to him if the Buyer violates these Rules or the laws or other legal acts of the Republic of Lithuania.

26.               Obligations of the seller:

26.1.        The Seller undertakes to provide the Buyer with the services described in the service plans in accordance with the procedure established in these Rules.

26.2.        Provide to the Buyer all the necessary information regarding the execution of the order, confirmation of payment.

26.3.        To co-operate with the Buyer on all issues related to the execution of the order and solve any problems that may occur.

 

 

Responsibilities of the Parties

 

27.               The buyer is responsible for the accuracy of the data provided in the registration and service payment forms. By submitting personal data to the Seller, the Buyer confirms that he is the subject of the provided personal data or the person entitled to provide such data on a lawful basis.

28.               The Seller is responsible for providing the proper services to the Buyer.

29.               If the Seller's website contains links to the websites of other, third parties, the Seller is not responsible for the accuracy of the information that the Buyer sees when clicking on these links. Third parties are responsible for the accuracy of the information provided in their websites.

 

Processing of the Personal Data

 

30.               By placing an order on the Seller's website, creating a personal account and providing personal data to the Seller, the Buyer confirms that he has read these Rules and Privacy Policy published on the website, that he knows, understands and agrees that the Seller, for the purpose of order administration and communication with Buyer, processes Buyer's personal data:

30.1.        Name, Surname;

30.2.        E-mail;

30.3.        Phone number;

30.4.        Bank account number and other details required for payment for services.

31.               The seller undertakes to comply with the personal data protection requirements laid down in Regulation (EU) No 182/2011 of the European Parliament and of the Council. 2016/679, the Law on the Legal Protection of Personal Data of the Republic of Lithuania, the Labour Code and other legal acts regulating the protection of personal data.

32.               The Seller undertakes to ensure the rights of the Buyer as a data subject whose personal data is processed for the purposes of order execution and communication with the Buyer:

32.1.        The right to know (be informed) about the processing of personal data;

32.2.        The right of access to personal data and information on how it is processed;

32.3.        The right to request the correction or supplementation of incorrect or incomplete personal data;

32.4.        The right to withdraw consent to the processing of personal data at any time, without prejudice to the lawfulness of the processing of data prior to the withdrawal of consent;

32.5.        The right to object to the processing of data, taking into account that without agreeing to provide the necessary personal data required for the provision of services, the Seller will not be able to provide services to the Buyer;

32.6.        The right to contact the Seller with any questions regarding the processing of personal data.

33.               Personal data shall be processed and stored in accordance with the procedure established by the General Data Protection Regulation, the Law on Legal Protection of Personal Data of the Republic of Lithuania, and other legal acts.

34.               To exercise the above rights, the Buyer shall contact the Seller: info@popupnotifications.com.

35.               Detailed information on the processing of personal data by the Seller, the rights of data subjects and their implementation is provided in the Privacy Policy approved by the Seller and posted on the website.

 

Final Provisions

 

36.               These Rules are valid from 2021-06-04.

37.               The Seller has the right to unilaterally update these Rules. If updated, an updated version of these Rules will be posted on the Seller's website.

38.               The law of the Republic of Lithuania shall apply to the relations arising from these Rules.

39.               Disputes arising from the implementation of these Rules shall be settled by mutual negotiations between the Parties. If no agreement is reached, disputes shall be settled in accordance with the procedure established by the legal acts of the Republic of Lithuania.

40.               If the Buyer, a natural person (consumer), does not agree with the answer prepared by the Seller to the Buyer's claim / request, the Buyer may submit a complaint to the State Consumer Rights Protection Service directly at Vilniaus str. 25, Vilnius, el. by e-mail office@vvtat.lt, by phone +370 52 62 67 51, and on the website www.vvtat.lt. The Buyer can also fill in the application form on the electronic dispute resolution platform at https://ec.europa.eu/odr/.