Effective from 1 February 2021
Digital Product – periodical whose content can be monitored in all digital channels: personal and tablet computers, and mobile phones.
Ekspress Meedia – business entity AS Ekspress Meedia, registry code 10586863, address Narva mnt 13, 10151 Tallinn.
EkspressKonto – user account for all media portals of Ekspress Grupp.
User – a user of the online environment of Ekspress Meedia or a Subscriber of its Periodical.
Paper Product – a printed periodical.
Party – Ekspress Meedia or a Subscriber/User, together referred to as the Parties.
Subscriber – a private or a legal person who has concluded a periodical subscription agreement with Ekspress Meedia.
Subscription – a purchase and sales agreement concluded between Ekspress Meedia and the Subscriber.
Publisher – a company publishing the periodical.
Periodical – a paper or digital product that is published periodically and that is delivered pursuant to the subscription.
General Conditions – these conditions for use of the webpage and subscription of Periodicals.
2. VALIDITY OF GENERAL CONDITIONS AND PROCEDURE FOR AMENDING THEM
2.1. General Conditions shall apply to all Users.
2.2. Ekspress Meedia has the right to unilaterally amend the General Conditions under the following terms:
2.2.1. the amendment is due to substantive or technical developments in the field;
2.2.2. the amendment is due to changes in legislation or other legal circumstances.
2.3. Ekspress Meedia shall inform the Subscriber of the amendments to the General Conditions at least one (1) month prior to the entry into force of the amendment.
2.4. Ekspress Meedia shall use its customer service, homepage, paper letters, email or text messages, or any other means to inform the Subscriber of the amendments to the General Conditions.
2.5. If the Subscriber does not agree with the amendments to the General Conditions, he/she can terminate the contractual relationship with Ekspress Meedia within one (1) month from the date of disclosure of the amendment. If the Subscriber does not express his/her intention to terminate the contract within one (1) month, he/she shall be deemed to be in consent with the amended General Conditions.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
Rights of the Subscriber
3.1. The Subscriber has the right to receive the Periodical for the subscribed period at the address indicated by him/her in accordance with the Subscription signed up and paid on time.
3.2. The Subscriber has the right to subscribe for the Periodical at the price determined by the Publisher and in accordance with the General Conditions.
3.3. The Subscriber has the right to submit the claims related to the delivery of the Periodical or pertaining to the Periodical itself to the customer service of the Publisher from Monday to Friday between 8.00 and 18.00 by calling 680 4444 or sending an email to the address firstname.lastname@example.org.
3.3.1. The claims related to Subscription shall be processed retrospectively for up to two (2) months from the time of contacting the customer service.
3.4. If the Publisher does not resolve the claims of the Subscriber during a reasonable period of time, the Subscriber may contact the Consumer Protection and Technical Regulatory Authority.
3.5. The Subscriber has the right to prematurely terminate the Subscription. In case of an early cancellation of the Subscription, the Subscriber has the right to request a refund of the cost of the Subscription from the date of cancellation of the Subscription until the date of the end of the subscription term.
3.5.1. The Publisher has the right to deduct up to 10% from the amount of the refund to cover the costs of an early cancellation of the Subscription, but not less than 3 (three) euros.
3.5.2. For an early cancellation of the Subscription, an application in a form that can be reproduced in writing should be submitted, showing the information on the Subscriber and the Subscription, date of termination, bank account number and the name of the owner of the account.
3.5.3. Refunds shall not be made in cash. In case of an early cancellation of the Subscription, the Publisher shall transfer the amount to be refunded to the bank account shown in the application of the Subscriber within ten (10) working days.
3.5.4. In case of Subscriptions with standing orders using a bank link and a mobile, the prepaid cash shall not be refunded (for more on standing orders, please refer to point 4).
3.6. The Subscriber has the right to redirect the Subscription of his/her Paper Product to another address within the Republic of Estonia. For this purpose, the request should be submitted to the customer service of the Publisher by calling 680 4444 or writing to the email address email@example.com.
3.6.1. Redirection shall entemailto:firstname.lastname@example.org into force no later than ten (10) working days from the receipt of the respective request.
3.6.2. The shortest redirection term is one week.
3.7. The Subscriber has the right to change his/her EkspressKonto, tie it with his/her social media or delete it. This can be done on the page www.ekspresskonto.delfi.ee.
3.7.1. Deletion of EkspressKonto shall not terminate standing orders associated to the account.
3.7.2. In EkspressKonto profile, it is possible to set a display name for oneself, displayed as the “face“ of the User in the comments section. The display name may contain numbers, letters and symbols.
Obligations of the Subscriber
3.8. When signing up for a Subscription, the Subscriber is under the obligation to submit the information necessary for completion of the Subscription.
3.9. In case the information submitted by the Subscriber is incorrect and/or incomplete, the Publisher shall not be responsible for improper completion of the Subscription.
3.10. In case of a subscription of a Paper Product, the Subscriber shall have a post box that complies with the requirements of the Postal Act in terms of its safety, correct fit corresponding to the Periodical’s measurements, accessibility and identifiability as the post box of the Subscriber.
3.10.1. The post box can be identified as the post box of the Subscriber if it is marked with the address (e.g. number of the house and/or apartment, name of a farm).
3.10.2. The Company’s post box shall contain the company’s name.
3.11. The Subscriber shall ensure permanently secure and free access to the post box that is cleaned from snow and ice in winter.
3.12. If the Subscriber’s post box does not comply with the requirements of the General Conditions, the Publisher shall not be responsible for improper home delivery.
3.13. The Subscriber shall pay for the Subscription on time and in full in accordance with the payment method selected by the Subscriber. Otherwise, the Publisher would not be able to ensure proper fulfilment of the Subscription.
3.14. By conclusion of the Subscription, the Subscriber shall confirm that he/she agrees with the General Conditions and undertakes to fulfil them. The validity of the confirmation shall not depend on the channel used for signing up for the Subscription.
3.15. By conclusion of the Subscription of the Digital Product, the Subscriber shall also agree to receive digital content and shall acknowledge the loss of the 14-day withdrawal right.
3.16. The email address of EkspressKonto related to the digital subscription shall be in actual use in order to provide important information related to the Product and the Service.
3.17. The User has the right to use Digital Products only with a personal username and password. The transfer of the username and password to another person is prohibited. If the Publisher identifies violation of the requirements of the use of the Digital Product, it has the right to suspend or cancel the Subscription in accordance with point 3.21.
Rights of the Publisher
3.18. The Publisher has the right to establish the subscription price and other subscription conditions related to the Periodical.
3.19. The Publisher has the right to suspend or terminate partial or complete publication of the Periodical. It is recommended that the Publisher shall inform the Subscriber thereof seven (7) days prior to its entry into force. In case the Publisher decides to suspend or terminate publication of the Periodical, the Publisher shall refund the prepayment made by the Subscriber if no other option is identified with the Subscriber to compensate for the Periodical that was not received.
3.20. If the Subscriber does not fulfil the obligations laid down in the General Conditions, the Publisher shall not guarantee fulfilment of the Subscription.
3.21. The Publisher has the right to demand fulfilment of the requirements laid down in the General Conditions from the Subscriber. If the Subscriber does not fulfil the requirements within fourteen (14) days, the Publisher has the right to suspend or cancel the Subscription.
Obligations of the Publisher
3.22. If the Subscriber fulfils all obligations laid down in the General Conditions as required, the Publisher shall guarantee fulfilment of the Subscription.
3.23. The Publisher shall receive and document all claims related to the fulfilment of the Subscription of the Subscriber.
3.24. The Publisher shall undertake to resolve the claim of the Subscriber if the reasons for the claim are unrelated to the Subscriber. If the Subscriber is responsible for the cause of the claim, the Subscriber shall immediately remove it.
3.25. If the Subscriber does not regularly or occasionally receive Paper Periodicals and he/she has complied with all the requirements laid down in the General Conditions, the Publisher shall undertake to extend the Subscription by the number of Subscriptions not received by the Subscriber.
3.26. If the Subscriber is unable to use Digital Products for reasons unrelated to him/her, the Publisher shall find a way how to compensate for the service not received by the Subscriber. The service that was not received shall subsequently not be compensated for.
3.27. If the end date of the Subscription is approaching, the Publisher shall send a prepayment invoice/sales offer to the Subscriber in order to enable the Subscriber to renew his/her Subscription if he/she wishes to do so.
3.27.1. In case of subscription of a Paper Product, the Publisher may call the Subscriber after sending a one-off prepayment invoice/sales offer to make sure that the notice of the expiration of the Subscription has been received.
3.28. If the Subscriber of the Digital Product has not used the service, the Publisher shall inform him/her thereof using the email address related to EkspressKonto during a reasonable period of time. One can opt for not receiving the notification by pressing the button in the notification.
3.29. The Publisher shall send important information related to the services to the Subscriber of the Digital Product to the email address related to EkspressKonto to ensure maximum benefits from the subscribed service to the Customer.
4. SUBSCRIPTION BY STANDING ORDERS
4.1. The Subscriber shall be able to subscribe Periodicals by using standing orders, i.e. e-invoice standing order agreements in a bank, standing orders with the bank card or a mobile phone.
E-invoice standing order agreements
4.2. E-invoice standing order agreements can be entered into with credit institutions that are authorised to conclude standing order agreements.
4.3. Upon conclusion of standing order agreements, the Subscription will enter into force within ten (10) working days, other than monthly bulletins. The packages containing monthly bulletins will enter into force in accordance with the publishing schedule of the monthly bulletin.
4.4. For the monthly bulletin, we recommend setting the fifteenth (15) day of the month as the monthly payment day. In this way, the funds will be collected prior to the publishing of the monthly bulletin.
4.5. In case of e-invoice standing order agreements, payments shall be made once a month as a prepayment for the next period. Depending on the time of the conclusion of the Subscription and the e-invoice standing order agreement, the amount of the first e-invoice payment may total up to the three-month subscription fee:
- the basis for calculation of the first period’s payment shall be the price of the Subscription received by the time of the issue of the e-invoice for the previous period;
- the payment for the second period shall be the price of the subscription in the current period;
- the payment for the third period shall be the prepayment for the next period.
4.6. When concluding e-invoice standing order agreements, attention should be paid to the monthly bank limit that should enable automatic payment of the fee for up to three periods. If the subscription price of the Periodical is higher than the limit that the Subscriber has set in an e-invoice standing order agreement at the bank, the Publisher has no obligations to the Subscriber.
4.7. E-invoice standing order agreements can be terminated in a bank office, online bank or by sending a respective application to the email address email@example.com.
Standing orders using a bank card or mobile phone
4.8. In case of standing orders, the Subscription shall automatically renew unless the Subscriber has amended this condition, i.e. terminated automatic renewal of the Subscription.
4.9. In case of the Paper Product, a new Subscription will be set within up to 16 (sixteen) calendar days before the end of the previous Subscription term.
4.10. In case of a Digital Product, a new Subscription will be set up within up to 3 (three) calendar days before the end of the previous Subscription term.
4.11. For mobile payments, the monthly fee shall be added to the phone bill of the Subscriber. The operator fee of EUR 0.32 shall be added to each payment.
4.12. For bank card payments, the monthly fee shall be debited from the Subscriber’s bank account.
4.13. For Subscriptions with standing orders, the conditions of the new Subscription shall be taken from the previous Subscription (customer, payer, product, price, period, number of copies, payment method), unless it represents a special campaign promotion whose price and duration have been set separately.
4.14. In case of cancelation of the automatic renewal of the Subscriptions with standing orders, the Subscription shall be valid until the end of the prepayment. The prepayment may cover the current Subscription as well as the new Subscription described in points 4.9 and 4.10.
4.15. For unsubscribing the Subscriptions with standing orders, the prepaid cash shall not be refunded. The respective message is displayed on the notification of each successful payment, to be sent to the email of EkspressKonto related to the purchase.
4.16. The Subscriber can cancel the automatic extension of subscriptions with standing orders at any time by:
- logging into the subscription environment lehed.delfi.ee
- calling 680 444 from Monday to Friday between 8.00 and 18.00
- writing to the email address firstname.lastname@example.org
4.17. Special price campaign promotions can be used once for one EkspressKonto within the framework of one campaign. If the Subscriber cancels the Subscription and concludes a new Subscription, the new Subscription shall be priced at the regular price.
5. EXEMPTION FROM ADVERTISING
5.1. The User who has bought exemption from advertising can read the content of Delfi ads-free, meaning that he/she does not see ads displayed through Delfi advertising server on different advertising spots.
5.1.1. Exemption from advertising shall not extend to spots that are not sent through the advertising server.
5.2. In case Delfi displays the content of third persons in its own environment, exemption from advertising shall not extend to ads displayed thereon.
5.3. Exemption from advertising applies to the digital newspapers of Eesti Päevaleht, Eesti Ekspress and Maaleht and Delfi portal.
6.1. The materials published in Periodicals (articles, photos, blog and forum entries, videos, comments, images, etc.) represent copyright subject matter within the meaning of the Copyright Act, the copy and distribution of which is generally prohibited without the written consent of Ekspress Meedia.
6.2. Without the consent of Ekspress Meedia that is in writing or in a format which can be reproduced in writing, it is not allowed to copy, publish or make materials available to third parties in full or to the extent not exceeding the volume permitted under legal acts in any physical or electronic form, including social media. This rule shall also apply to the texts, photos and videos in the social media accounts of Ekspress Meedia and in YouTube. Automatic or non-automatic downloading of materials, or otherwise saving or processing them as well as sending the materials to any third party, including for downloading is not allowed.
Referencing of materials
6.3. The materials published in Periodicals may be referenced in one sentence by another media company, whereby the referenced sentence may not be longer than the first sentence of the original article. This rule applies as such unless other agreements have been reached. The rule also applies in case the reference of the article is referenced to in another Periodical.
6.4. If the materials published in the Periodicals have longer references, Ekspress Meedia has the right to charge fees as follows:
6.4.1. EUR 200 for one-time use of unauthorised materials;
6.4.2. EUR 320 for each recurrent (two or more) use of unauthorised materials.
6.5. When referencing in any media (Internet, printed periodicals, radio, television, etc.), the Periodical shall be always named as the source. When referencing online, besides naming the source the link to the original article should be displayed by the reference.
Copy and distribution of materials
6.6. Use of materials exceeding what is meant for free use, including use of materials for any commercial purposes, is possible with the written consent of Ekspress Meedia or in a form enabling reproduction in writing.
6.7. We ask the companies engaged in media monitoring to obtain more detailed information about the conditions of the license agreement and the license fee from the Ekspress Meedia.
6.8. The materials that have been compiled by the User or saved in the portals managed by Ekspress Meedia, journalist.delfi.ee and tv.delfi.ee, are owned by the respective Users and these Users should be asked for the permission to use these materials.
7. ACCESS OF EKSPRESS MEEDIA TO THE USERS’ CAMERA AND PHOTO APPLICATIONS AND LOCATION DATA
7.1. Ekspress Meedia’s services may include applications, the use of which requires access to the User’s smart device’s photos and/or camera. The access is necessary, for example, for the User to send photos from its device to Ekspress Meedia. When granting access, the personal data on the photo shall be processed with the consent of the User and the User may at any time stop using the application. When downloading any application, the User is under the obligation to familiarise himself/herself with the provisions of the application and agree with them if he/she wishes to do so.
7.2. Ekspress Meedia’s services may include applications, the use of which requires determination of the User’s location using the smart device’s GPS application. In case of an application downloaded by the User, Ekspress Meedia may determine its location by using his/her smart device (GPS), in order to offer services related to this location and enhance ease of use, for example, provide services that are closer to him/her or the best offers of our partners. The User may decline location based services, by changing the application settings in his/her smart device.
7.3. Photos, camera applications and location data shall be processed upon the consent of the User and downloading the application is considered as giving consent.
8. EKSPRESS MEEDIA’S DATA PROTECTION CONDITIONS AND PRINCPLES OF USING COOKIES
8.1. Ekspress Meedia’s data protection conditions are located at here.
8.2. Ekspress Meedia’s cookie using principles are located at here.
9.1. When correcting the errors published in articles, Ekspress Meedia adheres to the good practice agreement of the Estonian Association of Media Enterprises.