FAIRSEARCHER.COM TERMS AND CONDITIONS
1. SCOPE AND INTERPRETATION OF THE TERMS AND CONDITIONS
1.1. The Terms and Conditions shall apply to the legal relationship between all registered users
(hereinafter referred to as Client) of Internet website www.fairsearcher.com (hereinafter
referred to as Website) and Fairsearcher OÜ, the owner of the Website, with regard to
using the services available on the Website.
1.2. The contact information of UAB Pankera, hereinafter referred to as Fairsearcher:
commercial registry code 147156637;
address Beržų str. 16, Senamiesčio vld., Panevėžys distr. LT-38410, Lithuania;
e-mail address [email address depending on the country/condition's language]
1.3. The services set out in clause 1.1. of the Terms and Conditions (hereinafter referred to as
Services) include, but are not limited to providing the Client with an opportunity to place
info about the upcoming fair in the Website, receive reservation of the submitted fair spots
and or reserve a spot in the fair, and / or to use other services available on the Website.
1.4. In addition to the Terms and Conditions, the relations between the Client and Fairsearcher
are governed by the legal provisions applicable in the Republic of Estonia, and established
good practices.
1.5. If any of the provisions of the Terms and Conditions becomes invalid due to its
contradiction with law, it will not affect the validity of other provisions.
2. GENERAL TERMS AND CONDITIONS FOR SERVICE
2.1. Fairsearcher shall provide the Clients with a virtual place, i.e. the Website, where the Clients
can:
2.1.1. place information about upcoming fair in the Website;
2.1.2. receive and accept reservation of the submitted fair spots;
2.1.3. receive payments for the reserved fair spots;
2.1.4. place a reservation of the spot in the fair published in the Website;
2.1.5. make a payment for a reserved spot in the fair through the Website.
2.2. Fairsearcher can offer additional marketing and promotion services for the Client subject to
services fee payable by the Client in according the there Terms and Conditions.
2.3. Fairsearcher shall not be responsible for the quality and quantity of the services
purchased/sold by using the Website.
2.4. Fairsearcher shall not be responsible for the accuracy and/or legality of the information
published by the Client on the Website.
2.5. Fairsearcher shall not be responsible for inappropriate or unlawful behaviour of the Client.
2.6. Fairsearcher shall not participate (as an agent, broker, commission agent, representative or
in any other way) in actual sales and other transactions between Clients, resulting from
using on the Website. Fairsearcher shall not act as Client's agent, broker, representative,
commission agent, etc.
2.7. All notices and information between the Client and Fairsearcher shall be exchanged in
electronic form and sent to the address set out in the Terms and Conditions or on the
Website, unless otherwise provided by the Terms and Conditions.
2.8. The Website and copyright of all the contents thereof belong to Fairsearcher. When
including works protected by copyright with regard to the things/services on the Website,
the Client shall, free of charge, transfer valid proprietary rights of the author of such works
to Fairsearcher.
3. RIGHTS AND OBLIGATIONS OF THE CLIENT
3.1. The Client shall:
3.1.1. submit completely accurate personal data, incl. correct full name and / or legal
entitle title and valid e-mail address together with other required information, when
registering as a user of the Website;
3.1.2. not use the Website for unlawful transaction(s) and/or fraud;
3.1.3. present objective information, incl. accurate information regarding the fair to be
organized (i.e. the information that adequately reflects the status of the upcoming
fair) when using the Website;
3.1.4. ensure that the information submitted by the Client when using the Website (incl.
electronic data, i. e. files, programmes, e-mails, etc., hereinafter referred to as
Client's Information):
3.1.4.1. are not misleading, inaccurate and/or false;
3.1.4.2. does not violate economic and/or moral rights of third parties (incl.
intellectual property right);
3.1.4.3. is not contrary to the laws and other legislative instruments (incl. legislation
on consumer protection, competition and export/import of things/services);
3.1.4.4. is not contrary to good morals;
3.1.4.5. does not contain viruses and other computer programmes or files that may
interfere, damage or disturb in any other way the normal use of the Website
and/or that may be stored in Client's computer as a result of using the
Website and/or interfere, damage or disturb in any other way normal
operation of Client's computer;
3.1.5. the Client shall not submit demands against Fairsearcher, except for demands
arising directly from the Terms and Conditions;
3.1.6. the Client shall maintain the password and user name required for using the
Website in a manner that would prevent it from falling into the hands of third
parties, except for the third party authorised by the Client to represent the Client in
using the Services;
3.1.7. the Client shall immediately notify Fairsearcher by e-mail of any changes in the
information and circumstances as compared to the information presented by the
Client upon Client's registration as Website user;
3.1.8. the Client shall immediately notify Fairsearcher by e-mail if the password and/or
user name required for using the Website have been lost or if they have fallen into
the hands of third parties.
3.2. By performing any transaction on the Website the Client shall confirm that he/she:
3.2.1. is a person with legal capacity, entitled to perform the transactions available on the
Website, including, but not limited to – perform fair organization business;
3.2.2. shall duly perform all obligations set out in clauses 3.1.-3.1.8. of the Terms and
Conditions;
3.2.3. is aware of the fact that the Client is required to declare and pay all taxes on the
transactions resulting from using the Services (incl. income tax, VAT and social tax);
3.2.4. is aware of the fact that if the password and user name required for accessing the
Website fall into the hands of third parties, such third parties may assume
obligations that are binding for the Client, whereas the Client shall maintain
responsibility for such obligations and that Fairsearcher has no obligation for
further identification (i.e. other than the user name and password) of Website user.
3.2.5. is aware of and agrees to the fact that Fairsearcher has the right to process Client's
personal data (if any) pursuant to the legislation applicable in Lithuania and in
compliance with clause 5 of the Terms and Conditions.
3.3. The Client have an optional right to create one of the following accounts:
3.3.1. Fair organizer account;
3.3.2. Fair participant account.
3.4. In case the Client shall create Fair organizer account, the Client shall have a right to:
3.4.1. Perform actions established in articles 2.1.1 – 2.1.3 of these Terms and Conditions
3.4.2. Conclude an agreement with Client who has a fair participant account regarding
participation in the fair within the Fairsearcher ecosystem;
3.4.3. Update information about the spots available in the fair;
3.4.4. Submit information about the fair and share the Website's link with the information
about the upcoming or previous fairs;
3.4.5. Promote the fair they are organizing within the Website;
3.5. In case the Client shall create Fair participant account, the Client shall have a right to:
3.5.2. Conclude an agreement with the Client which has a fair organizer account regarding
participation in the fair within the Fairsearcher ecosystem.
3.6. In order to activate the account created by the Client, the Client undertakes to pay the
services fee to the Fairsearcher for using the Website for established period. The particular
price for particular time periods shall be established in the Website. Upon the end of the
period for which the Client has made a payment, the Client shall have a right to extent using
Fairsearcher services, but only after making a payment of the price applicable at the time of
the extension.
3.7. By paying the services, as established in article 3.6 of these Terms and Conditions the VAT
shall be applied in accordance with Republic of Lithuania national and EU level taxes
regulations.
3.8. All the payments for the services as described in these Terms and Conditions shall be made
via bank link through the Website.
3.9. In case the Client, which has fair organizer account shall fail to organize fair, the Client, who
has a fair participant account, shall claim damages directly from the Client which organized
the fair. By agreeing to these Terms and Conditions, the Client confirms that Client shall
have no claims towards the Fairsearcher regarding the organization / participation in the
fair and / or damage collection from other Client.
4. RIGHTS AND OBLIGATIONS OF FAIRSEARCHER
4.1. Fairsearcher has, at its own discretion, the right to limit or cancel Client's right to use the
Website, including alter information published on the Website by the Client or close Client
account and prevent the Client to re-register as Website user, if the Client:
4.1.1. violates the Terms and Conditions or obligations of the Client arising from the
Terms and Conditions;
4.1.2. has submitted false, misleading and/or inaccurate information when registering as
Website user or when using the Website;
4.1.3. knowingly and intentionally disseminates false information on Fairsearcher
Webpage, insults other persons in any way or behaves indecently;
4.1.4. failed to organize at least one fair and the Clients with fair participant accounts
incurred damages due to such failure.
4.2. Fairsearcher has, at any time, the right to monitor the activities on the Website.
Fairsearcher may investigate all breaches of Terms and Conditions, by using all legal
measures.
4.3. Fairsearcher has the right to send to the Client personal commercial communications and
other offers. The Client has the right to refuse such communications by informing
Fairsearcher thereof.
5. PROCESSING OF PERSONAL DATA
5.1. Fairsearcher has the right to process the data received from Client (who is a natural person)
upon his/her registration as Website user, in the course of using the Website or collected in
any other way when using the Website (hereinafter referred to as Personal Data), according
to the purposes and extent set out in the Terms and Conditions.
5.2. The Client shall grant consent for processing the Personal Data of the Client by Fairsearcher
for the purposes and to the extent specified in the Terms and Conditions. The Client has the
right to withdraw his/her consent any time, to demand termination of the processing of
Personal Data and deletion or closing collected Personal Data, and also closing of user
account. Withdrawal of the consent does not have retroactive effect.
5.3. Fairsearcher shall collect and store Personal Data in electronic form and shall provide
extracts of such data in other form when necessary.
5.4. Fairsearcher shall use Personal Data for providing, developing and personalising the
5.5. Fairsearcher shall not deliver Personal Data to third parties or make it public, except in the
cases provided by the Terms and Conditions.
5.6. Fairsearcher has the right to use Personal Data and to forward the Personal Data to third
parties selected by Fairsearcher for cooperation purposes in order to ensure the quality and
availability of the Services, and to expand, improve and otherwise develop the Services.
6. AMENDMENT OF THE TERMS AND CONDITIONS
6.1. Considering the development of the Website and Services and in order to ensure better and
more secure use thereof, Fairsearcher has the right to make unilateral amendments and
changes in the Terms and Conditions.
6.2. Fairsearcher shall notify the Client of any amendments and changes in the Terms and
Conditions by means of notices published on the Website.
6.3. Amendments and changes in the Terms and Conditions shall enter into force after
publishing relevant amendment or change on the Website.
6.4. By using the Service after entry into force of the amendments and changes in the Terms and
Conditions, the Client confirms that he/she agrees to such amendments and changes.
7.1. The legal relationship between the Client and Fairsearcher arising from using the Website
shall be subject to the legislation applicable in the Republic of Lithuania.
7.2. The Client and Fairsearcher shall make every effort to settle the disputes arising from using
the Website by way of negotiations. In case of failing agreement by way of negotiations the
dispute shall be settled at [court name].
7.3. The Terms and Conditions shall enter into force after their acceptance by the Client and
shall remain in force during the validity of legal relationship between the Client and
Fairsearcher as set out in the Terms and Conditions. The Client has the right to withdraw
from the Terms and Conditions within 14 days after accepting the Terms and Conditions
and to cancel the legal relationship arising from the Terms and Conditions any time, after
performing all obligations with regard to Fairsearcher and other Clients.