1. DEFINITIONS
Delfi Meedia (Publisher) – company Delfi Meedia AS, registry code 10586863, registered office Narva mnt 13, Tallinn 10151.
Party – Delfi Meedia or Subscriber/User, referred to together as Parties.
Subscriber – a private or legal person who has subscribed to the Delfi Meedia publication and/or newsletter.
User Account – an account created to order and use the digital products and services of Delfi Meedia.
User – user of the Delfi Meedia web environment and/or subscriber of the publication.
Paper Product – a publication, the content of which is available on paper.
Digital Product – a publication, the content of which is accessible digitally.
Subscription – a contract of purchase and sale concluded between Delfi Meedia and the customer for ordering paper and/or digital products.
Publication – a paper or digital product issued by Delfi Meedia.
General Terms and Conditions – terms and conditions for using the website and ordering publications.
2. VALIDITY AND AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
2.1. The General Terms and Conditions apply to all Users.
2.2. Delfi Meedia reserves the right to change the General Terms and Conditions. The amendment to the General Terms enters into force as of the publication of the updated Terms and Conditions in the Delfi Meedia web environment.
2.3. Delfi Meedia will provide notice of changes to the General Terms and Conditions via the website and the Paper Product.
2.4. The Publisher shall establish the price of the subscription to the Publication and other subscription conditions. The Publisher shall have right to change the price of the subscription, giving reasonable notice thereof.
2.5. The Publisher may suspend or terminate the Publication. It is recommended that the Publisher inform the Subscriber seven (7) days in advance. If the Publisher decides to suspend or terminate the Publication, the Publisher shall return the prepayment paid by the Subscriber, unless the Publisher and Subscriber can find another means to compensate for the unreceived Publication.
2.6. The Publisher has the right to demand that the Subscriber comply with the requirements of the General Terms and Conditions. If the Subscriber fails to comply within fourteen (14) days, the Publisher shall have the right to suspend or terminate the subscription, in particular if:
3. SUBSCRIBING
3.1. GENERAL
3.1.1. The Subscriber subscribes to the Publication at the price determined by the Publisher and according to the General Terms and Conditions. By subscribing, the Subscriber confirms that he/she agrees to the General Terms and Conditions and undertakes to comply with them. The validity of the confirmation does not depend on the subscription channel.
3.1.2. When subscribing, the Subscriber is obliged to provide the necessary data for the execution of the subscription. The data provided must be correct in order to ensure the integrity and accuracy of the customer data, which is the basis for the provision of high-quality service.
3.1.3. If the information provided by the Subscriber is incorrect and/or incomplete, the Publisher cannot properly execute the subscription.
3.1.4. The Subscriber shall pay for the subscription on time and in full using the payment method chosen by the Subscriber. Otherwise, the Publisher will not be able to execute the subscription properly.
3.1.5. In order to terminate the subscription prematurely, an application must be submitted in a format which can be reproduced in writing, indicating the details of the Subscriber and the subscription, the time of termination, the bank account number, and the name of the holder of the account.
3.1.6. As a general rule, prepaid money will not be refunded when cancelling a subscription with an automated standing order.
3.1.7. The Publisher has the right to limit the number of pre-ordered promotional offers in order to prevent abuse of promotional campaigns.
3.2. SUBSCRIBING TO A DIGITAL PRODUCT
3.2.1. The paid content of the Digital Product can be accessed via the User Account immediately after payment for the subscription. For more information on the User Account, see clause 3.4.
3.2.2. By placing a subscription for a Digital Product, the Subscriber also consents to the transmission of digital content and confirms the fact that it loses its right of withdrawal for 14 (fourteen) days (clause 47 (3) 13) of the Law of Obligations Act).
3.2.3. 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 detects non-compliance with the requirements for the consumption of the Digital Product, it has the right to suspend or terminate the subscription in accordance with clause 2.6.
3.2.4. The Publisher shall have the right to limit the number of sessions involving the consumption of a Digital Product in order to prevent abuse of the service.
3.2.5. After the end of the digital subscription, the Publisher shall notify the customer in order to enable him/her to continue the subscription if he/she so wishes.
3.2.6. The Publisher may, within a reasonable period of time after the expiry of the right to read, send information about the possibilities of continuing the right to the User who has used the service through the sharing of the right to read. The contact details related to the User Account shall be used to transmit the information.
3.2.7. The Publisher has the right to send important information related to the service to the e-mail address associated with the User Account to the Subscriber of the Digital Product in order to ensure the maximum benefit of the service ordered by the customer.
3.2.8. Information related to the Digital Product can be viewed and managed, including changing the payment method and downloading invoices related to payments, in Delfi Meedia’s self-service.
3.3. AVAILABILITY OF A DIGITAL PRODUCT
3.3.1. The Publisher seeks to ensure the consistent availability of the Digital Product (the objective is to ensure the availability of 99.95 % of the main functionalities of the Delfi portals), but does not guarantee the availability of the Digital Product at all times and does not rule out possible disruptions to the functioning of the online environment.
3.3.2. The Publisher shall have the right to suspend the availability of its Digital Product at any time for technical or other reasons. Delfi Meedia is in no way responsible for any inconvenience or damage caused by these disturbances. Such disruptions shall not constitute a basis for a refund of the subscription fee, a price reduction or other financial compensation, unless the disruption is the result of deliberate and conscious action by the Publisher.
3.3.3. Delfi Meedia is not responsible for any temporary or permanent damage or malfunction that may occur when using the Digital Product. In particular, Delfi Meedia is not responsible for viruses or malware that may spread with the Digital Product.
3.4. USER ACCOUNT
3.4.1. When registering for Delfi Meedia, you must specify your username (e-mail address) and password.
3.4.2. The e-mail address of the User Account must be in actual use in order to be able to provide important information concerning the product and service.
3.4.3. Username and password are confidential information that may not be communicated to third parties.
3.4.4. The Subscriber has the right to change their User Account, link it to their social media or delete it. This can be done in Delfi Meedia self-service.
3.4.5. In the profile of the User Account, you can assign a screen name to the user’s “face” in the comments. The screen name may contain numbers, letters, and symbols.
3.5. SUBSCRIBING TO PAPER PRODUCTS
3.5.1. On the basis of the subscription submitted and paid on time, the Subscriber has the right to receive the Publication to the desired address for the period of the subscription.
3.5.2. The Customer has the right to change the address for the subscription of his/her Paper Product within the territory of the Republic of Estonia. To do this, you must submit a request by calling the Publisher’s customer service at + 372 680 4444 or writing to klienditugi@delfi.ee. The changing of address shall take effect not later than ten (10) working days after receipt of the relevant notification. The shortest period for changing an address is one (1) week.
3.5.3. The Subscriber has the right to terminate the subscription before the due date. In the event of premature termination of the subscription, the Subscriber has the right to recover the price of the subscription from the date of termination of the subscription until the end of the subscription period. The Publisher has the right to deduct up to 10 % of the amount to be refunded to cover the costs of premature termination of the subscription, but not less than EUR 3.
3.5.4. Refunds shall not be made in cash. In the event of the premature termination of the subscription, the Publisher shall transfer the amount to be paid to the Subscriber’s bank account indicated in the application within 10 (ten) working days.
3.5.5. When subscribing to Paper Products, the Subscriber has a secure mailbox in accordance with the requirements of the Postal Act, corresponding to the dimensions of the Publication, accessible and identified as the Subscriber’s mailbox. The mailbox is identifiable if the address (e.g. house and/or apartment number, farm name) is indicated on it. The company’s mailbox must have the name of the company.
3.5.6. The customer ensures permanently safe, cleared of snow and ice in winter, free access to their mailbox.
3.5.7. If the Subscriber’s mailbox does not comply with the requirements of the general conditions, the Publisher is not responsible for the non-compliant home delivery.
3.5.8. If the Subscriber does not receive a paper Publication continuously or from time to time and has fulfilled all the obligations laid down in the General Terms and Conditions, the Publisher undertakes to extend the subscription of the Subscriber free of charge by the unreceived Publications.
3.5.9. As the end date of the subscription approaches, the Publisher sends a prepayment invoice/sale offer to the Subscriber so that the Subscriber can renew the subscription, if desired. After sending a one-off prepayment invoice/sale offer, the Publisher may contact the Subscriber to make sure that the notification of the end of the subscription has arrived.
3.6. SUBSCRIBING BY STANDING ORDER
3.6.1. The Subscriber can order Publications with an automated standing order, which means an e-invoice standing order agreement in a bank, an automated standing order with a bank card or a mobile phone.
E-invoice standing order agreement
3.6.2. The contract can be concluded with credit institutions that enable the conclusion of an automated standing order agreement.
3.6.3. Upon entry into the e-invoice standing order agreement, the subscription enters into force within 10 (ten) working days, except in the case of monthly letters and Digital Products. Packages containing a monthly letter enter into force on the first day of each month, according to the monthly release schedule and Digital Products.
3.6.4. In the case of an e-invoice standing order agreement, payment shall be made in monthly instalments of one (1) month.
3.6.5. When subscribing to a Paper Product, the amount of the first payment of an e-invoice submitted to the Subscriber may be the subscription fee for up to three (3) periods.
3.6.6. When concluding an e-invoice standing order agreement, attention should be paid to the monthly limit with the bank, which must allow for the automatic payment of the sum of up to three periods. If the subscription price of a Publication is higher than the limit set by the Subscriber in the e-invoice standing order agreement, the Publisher shall have no obligations before the Subscriber.
3.6.7. The e-invoice standing order agreement can be terminated at a bank branch or Internet Bank. Upon termination of the contract, all related subscriptions will be terminated. If you wish to cancel a subscription, this can be done via the Publisher’s customer service at + 372 680 4444 or at klienditugi@delfi.ee.
Payment of automated standing order agreement by bank card or mobile phone
3.6.8. Only Digital Products can be ordered with a bank card or mobile automated standing order agreement.
3.6.9. In the case of an automated standing order, the subscription is automatically extended at the end of the subscription period if the Subscriber has not cancelled the subscription.
3.6.10. When paying with a mobile phone, the monthly payment will be added to the customer’s phone bill. The payment institution’s service fee of EUR 0.32 shall be added to each payment.
3.6.11. When paying with a bank card, the monthly payment will be debited from the Subscriber’s bank account.
3.6.12. In case of cancellation of an automated standing order, the subscription shall continue until the end of the prepayment.
3.6.13. If payment via an automated standing order fails, the customer will receive a notification. It is possible, among other things, to change the method of payment via the link in the notification (including changing the bank card details).
3.6.14. An automated standing order can be cancelled at any time:
3.7. COMPLAINTS
3.7.1. The Subscriber has the right to submit complaints concerning the Publication or the availability thereof to the Publisher’s customer service by telephone + 372 680 4444 or by e-mail at klienditugi@delfi.ee. Legal customers are asked to contact the Business Customer Service by phone 680 4567 or by e-mail at ariklient@delfi.ee.
3.7.2. Complaints concerning home delivery are processed retroactively up to two (2) months from the date of referral to customer service. Other claims related to subscriptions, e.g. concerning the placing and payment of the subscriptions or the User Account, will be processed retroactively up to 6 (six) months from the date of contacting customer service.
3.7.3. If the Subscriber is unable to consume Digital Products for reasons beyond his/her control, he/she must inform the Publisher thereof within a reasonable period of time. The Publisher undertakes to find a way to compensate the Subscriber for the loss of service. Services that have not been received after the fact shall not be compensated.
3.7.4. Non-consumption of a Digital Product is not a basis for automatically refunding the subscription fee.
3.7.5. The Publisher undertakes to resolve the Subscriber’s claim if the reasons for the claim do not depend on the Subscriber. If the reason for the complaint is caused by the Subscriber, the Subscriber must remedy it immediately.
3.7.6. If the Publisher fails to resolve the complaint within a reasonable time, the Subscriber may contact the Consumer Disputes Committee at the Consumer Protection and Technical Regulatory Authority (Endla 10a, 10122 Tallinn, tel. 620 1707, e-mail avaldus@komisjon.ee).
3.8. NEWSLETTERS
3.8.1. The newsletter is an email sent to the Subscriber containing the news of dolphin.ee and its subdomains. The newsletter may also contain information related to the Publisher’s products and services, e.g. a notice of changes to the General Terms and Conditions.
3.8.2. Subscription to the newsletter is free of charge. In order to subscribe to the newsletter, the User must enter their e-mail address on the website or subscribe by ticking the newsletter subscription box.
3.8.3. You can cancel your subscription to the newsletter at any time by using the button at the end of the newsletter. If you opt out, the email address will be removed from the list and newsletters will no longer be sent.
4. THE BANNER ADVERTISEMENT PACKAGE
4.1. A User who has purchased a banner ad-free package can read the digital content of Delfi Meedia without banner ads. All ads displayed on the basis of a cooperation agreement are hidden. The banner advertising exemption does not extend to Delfi Meedia’s product-service notifications, content marketing news blocks, news stories or ads prior to the launch of videos displayed as news stories.
4.2. If Delfi Meedia displays third-party content in its environments (e.g. YouTube video), the banner advertising exemption shall not extend to the ad contained therein.
4.3. The banner advertising exemption applies to the digital content of Delfi Meedia.
5. COPYRIGHTS
5.1. Materials published in publications and on the web (text, graphics, photographs, videos, comments, designs, and any other content) are subject to copyright law, the copying and distribution of which without the written consent of Delfi Meedia is generally prohibited.
5.2. Without the written consent of Delfi Meedia or in a format that can be reproduced in writing, it is not permitted to copy, publish or otherwise make the materials available to third parties on any physical or electronic medium, including on social media, in their entirety or in any part exceeding the volume permitted by law. This rule also applies to texts, photos and videos on Delfi Meedia’s social media accounts and YouTube. This includes the prohibition of the use of content for text and data mining purposes and for the development of any software program, including training in machine learning or artificial intelligence (AI) systems, downloading or otherwise storing or processing material, relaying material to any third party, including transmission for download, reproduction, modification, collection or extraction of content, aggregation of text and data for analytics or mining purposes or any commercial purpose.
Review of materials
5.3. Materials published in publications may be cited for commercial purposes to the extent of one sentence, but the sentence to be cited must not exceed the first sentence of the original article. The rule applies as long as no other agreements have been made. The rule also applies when a reference to a citation of an article in a publication is made in another publication.
5.4. If the material published in the Publication has been cited on a larger scale, Delfi Meedia has the right to charge a fee for it as follows:
5.4.1. EUR 200 per single use of uncoordinated material,
5.4.2. EUR 320 for repeated (at least twice) use of uncoordinated material.
5.5. When referring to any media (online, paper, radio, television, etc.), the Publication should always be cited to as a source. When citing a source on the Internet, a link to the original article must be published next to the citation.
Copying and Distribution of Materials
5.6. The use of the material in excess of the free use of the materials, including the use of the materials for any commercial purpose, is possible with the consent of Delfi Meedia in writing or in a format which can be reproduced in writing.
5.7. Media monitoring companies are kindly asked to contact Delfi Meedia for more information about the terms and conditions of the licence agreement and the licence fee.
5.8. The materials created or saved by the User in the portals managed by Delfi Meedia, journalist.delfi.ee and tv.delfi.ee, belong to the respective user and permission to use these materials must be sought from the User.
6. DELFI MEEDIA ACCESS TO USER CAMERA AND PHOTO APPS AND LOCATION DATA
6.1. Delfi Meedia services may include applications that require access to photos and/or cameras of the user’s smart device. Access is required, for example, to enable the User to send a photo of his/her device to Delfi Meedia. Enabling access can be managed by the User from his/her smart device by changing the app settings. If access is granted, the personal data contained in the photographs are processed on the basis of the user’s consent and the User may opt out of the application at any time. When downloading each application, the User is obliged to read and agree to the provisions of the application.
6.2. Delfi Meedia services may include applications that require the user’s location to be determined using the GPS application of the smart device. Delfi Meedia may, in the case of a downloaded application, determine the user’s location using his/her smart device (GPS) to provide location-related services and enhance user convenience, such as providing the User with the services closest to the User or offering the best offers from our partners. The User can opt out of location-based services by changing the app settings on their smart device.
6.3. The processing of photographs, camera applications and location data takes place on the basis of the User’s consent, and the downloading of applications shall be interpreted as granting consent.
7. DELFI MEEDIA’S PRIVACY POLICY, COOKIE POLICY AND CONSENTS
7.1. Delfi Meedia’s Privacy Policy and Cookie Policy are available on the Delfi Meedia website.
7.2. Delfi Meedia collects consents:
7.3. Consent is voluntary and is requested when ordering services and products and organising campaigns (surveys, games, etc.) on the Publisher’s websites.
7.4. The Publisher may organise campaigns at the request of a third party, being the data processor itself. The relevant information has been published in the terms of the campaign.
7.5. Consent can be withdrawn at any time. This can be done:
Consents related to the Digital Product can be managed in Delfi Meedia self-service.
8. OTHER
8.1. When correcting errors in articles, Delfi Meedia is guided by the Good Practice Agreement of the Estonian Association of Media Enterprises .