Terms of ordering, delivery, and Myjemma Service
Please, read the following terms and conditions for ordering and delivery and the MyJemma Service carefully. If you need assistance, our customer service may be reached at firstname.lastname@example.org.
1. Terms and conditions for ordering and delivery
When ordering products or services from the MyJemma Webshop the customer agrees to these terms and conditions, and represents and warrants that he/she is at least eighteen (18) years of age or otherwise recognised as being able to form legally binding contracts under applicable law.
During the order process, the customer must give his/her name, mailing address, e-mail address and telephone number. The customer is responsible for errors or delays arising from incomplete, erroneous or outdated contact information. After making an order and accepting these terms and conditions, the customer receives the binding order confirmation by email. The customer is solely responsible for the use of his/her account, password, and PIN, as well as for their safekeeping.
MyJemma Oy Ltd. does not sell products or services for retailers in the Webshop, and we reserve the right to restrict sales of large product quantities.
Services, products, and delivery costs are paid on the website of the payment provider in conjunction with the ordering process. MyJemma Webshop accepts payment from PayTrail and PayPal (see more information below). The Webshop and all payment gateway connections are secured by SSL encryptions.
Almost all credit card transactions are verified, and if the verification is not successful, MyJemma Oy Ltd. reserves the right to reject any order. For online banking the customer will need a valid user ID and password issued by the bank.
The following payment methods are available:
- Online banking systems: Nordea, Osuuspankki, Danske Bank, Aktia, POP Pankki, Säästöpankki, Oma Säästöpankki, Handelsbanken, Ålandsbanken, and S-Pankki;
- Credit cards: Visa, Visa Electron, MasterCard, Diners Club, JCB and American Express;
- Paytrail account;
- Collector and Jousto financing solutions.
- PayPal account.
Further information about the payment service providers can be found at each service provider's own website.
www.paytrail.com. Paytrail Corporation has a payment institution license, and the company operates in cooperation with Finnish banks and credit institutions. Business ID 2122839-7, Tel. +358 (0)207 181830.
www.paypal.com. PayPal Corporation is one of the world's most popular and trusted payment gateway services.
www.jousto.com. DFC Nordic Corporation offers various financial solutions for consumers. Business ID 1998514-5, Tel. +358 (0)800 186186.
www.collector.fi. Collector Bank AB offers part exchange and credit payment options for consumers. Business ID (Finnish branch) 2644718-5, Tel. +358 (0)9 3158 9947.
Product and service prices and shipping costs
We reserve the right to change the prices and delivery costs at any time. Product price is displayed for each product at the time of ordering in our Webshop. All prices include the VAT. In the case of a possible mispricing, and if the customer can be expected to understand that the product price is incorrect, the product is not delivered to the customer at that price despite the order placement. In this case, we will contact the customer immediately.
Orders are subject to the following delivery and handling costs:
- Deliveries in Finland: delivery by regular mail to the postal address given at the time of purchase: free of charge
- Deliveries to EU countries: delivery by regular mail to the postal address given at the time of purchase: 16,90 € per order.
- Deliveries to rest of the world (to the destinations on our country list): delivery by regular mail to the postal address given at the time of purchase: 25,90 € per order.
If the products are delivered outside the EU, the customer is responsible for any customs fees, import duties or other comparable charges (please note that customs practices vary from country to country). When customs clearance procedures are required, the customer is responsible for charges related thereto and the customer acknowledges and agrees that it can cause delays in the original delivery estimate.
The order is processed and sent for delivery within 1–5 business days after the payment made by the customer is logged into our system. Delivery time depends on the product, its stock availability, the delivery method selected, and the delivery address. For special orders and post-delivery items, the delivery times can be longer than listed below. The products will be delivered to the address provided in the purchase order.
For deliveries in Finland, average delivery time is 2–3 business days after the package has left our factory.
Foreign shipments are delivered by regular mail. The delivery time depends on the destination country; Nordic countries and the EU region typically 2–6 business days after the package has left our factory, and the rest of the world takes 4–15 business days after the package has left our factory.
MyJemma Oy Ltd. reserves the right to separately deliver different products ordered at the same time. If the product is not received within a reasonable time, please contact our customer service.
We reserve the right to refuse any order. In such cases, the payments will be returned to the customer’s credit card account within 24 days.
Cancellation of the order
The customer is entitled to cancel the order if the ordered product or service has not yet been delivered to the customer, or if the product or service has not been used by the customer or a third party.
If the customer wishes to cancel the order, he/she should contact MyJemma’s customer service by email and give the following information: customer’s name, address, and order number.
The customer has the right to cancel and return the product within 14 days of its receipt when the following conditions are met:
- The customer has cancelled the order in accordance with these terms prior to its delivery and has notified MyJemma’s customer service by email within 14 days of the receipt of the product.
- The product has been sent back to MyJemma according to the instructions given by our customer service within 14 days following the receipt of the product.
- The product is in original condition, and the product or service have not been used by the customer or a third party.
- The product is repackeged in the original intact gift box, and all parts of the product are included in the return package.
The customer is responsible for the product return costs, as well as for any damage caused to the product during the return delivery.
When the conditions described above are met, MyJemma Oy Ltd. will refund customer’s credit card after the returned products have arrived to our facility and have been inspected.
If the product is not picked up by the customer and it is returned to MyJemma Oy Ltd., we will try to contact the customer via email for two (2) weeks. If we cannot reach the customer within this period, the product will not be re-delivered to the customer and no refund will be given. MyJemma Oy Ltd. reserves the right to charge additional shipping costs if the customer requests a new delivery of the product.
Warranty and Returns
All our products have a 12-month warranty against defects in materials and workmanship. The warranty provided herein does not include normal wear and tear due to use of the product. Moreover, the warranty does not include defects due to negligence in product care or use. Detailed guidelines for product care and use can be found on our website. In all warranty matters, the customer must always show the original proof of purchase.
If the product is defective or damaged during shipment, the customer must inform MyJemma’s customer service about the defect as soon as the customer has noticed the fault. We aim to replace the faulty or damaged product, or we will reimburse the customer for the purchase price of the product and refund any costs paid by the customer after the product has been returned to MyJemma Oy Ltd. and the fault is verified.
The customer accepts that the information he/she has provided can be utilised for the implementation of the Webshop activities and services by MyJemma Oy Ltd., and those third parties who are involved in, among other things, the payment process, dispatch, delivery, and processing of the ordered products and services.
MyJemma Oy Ltd. may use personal information obtained from the customer for marketing purposes conducted by the company itself or its partners. However, MyJemma Oy Ltd. will not sell or rent this information to third parties for any reason. We reserve the right to transfer the customer’s personal and other information to the authorities in the case of infringement of applicable laws and regulations.
The customer’s name, contact information, and other personal and purchasing information is stored in the customer register in the MyJemma Webshop. More information about the customer register can be found on the Register Description file on our website. The customer is entitled at any time to prohibit MyJemma Oy Ltd. for continuing the marketing by presenting a written request.
Changing the terms of ordering and delivery
MyJemma Oy Ltd. reserves the right to change the Webshop, its policies and processes, as well as the terms and conditions for ordering and delivery at any time. MyJemma Oy Ltd. will post a notification of the said change on the Webshop pages. The changes will apply to all orders made after the notice has been posted.
MyJemma Oy Ltd. shall not be liable for any breach of its obligations under these term and conditions, nor for any delays in performing or failure to perform in accordance with the terms and conditions, which are attributable to causes beyond MyJemma Oy Ltd's reasonable control, the consequences of which could not have been avoided, including without limitation wars and natural catastrophe, fires and accidents, labour disputes, and failure or malfunction of transportation, devices, hardware, software, or networks. Also, all comparable cases that prevent the normal operation of MyJemma Oy Ltd’s subcontractors belong to the cases of force majeure.
Customers agree that they use the website and its content at their own risk. MyJemma Oy Ltd. and its affiliates who have participated in the production and publication of the site shall not be liable for any harm, damages, or expenses incurred in relation to the use or the inability to use the website and the instructions provided therein.
MYJEMMA AND ITS AFFILIATES WILL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, OR GOODWILL), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER THE PROVIDER NOR ANY OF ITS AFFILIATES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) THE USE OF THE WEBSITE BY THE CUSTOMER; (ii) THE USE OF PRODUCTS BY THE CUSTOMER; OR (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY THE CUSTOMER IN CONNECTION WITH THESE TERMS, OR USE OF THE PRODUCTS, OR USE OF OR ACCESS TO THE WEBSITE BY THE CUSTOMER. FURTHER, MYJEMMA’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THE WEBSITE AND PRODUCTS WILL NOT EXCEED 20 EUR OR ITS FOREIGN CURRENCY EQUIVALENT. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Applicable law and dispute situations
These terms and conditions have been prepared in accordance with the laws of Finland. Potential conflict situations are resolved in Finland, at the Turku District Court. If a dispute concerning a purchase agreement is not settled by negotiation between the parties, the consumer can refer the matter to the Consumer Disputes Board (www.kuluttajariita.fi) for decision.
2. Terms and conditions of MyJemma Service
Use and definitions
MyJemma Oy Ltd. has produced a Web application (MyJemma user interface, user account and server disk space, hereafter the “Service”). These terms and conditions define the Agreement between the Service producer MyJemma Oy Ltd. and the user of the Service. In these terms and conditions the Service producer is defined hereafter as the “Provider” and the user of the Service as the “Customer”. The terms “You”, “He/She”, “His/Her”, “User” or “Customer” shall refer to any individual or entity who accepts this Agreement, has access to the Service or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. The Agreement between Provider and Customer includes the registration of the Customer, acceptance of the terms and conditions, and the information and instructions given by the Provider.
The Services are available only to Customers who can form legally binding contracts under applicable law. By using the Services, You represent and warrant that You are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services under applicable jurisdiction.
Use of the Service by the Customer signifies that He/She has read, understand, acknowledge, and agree to be bound by these terms and conditions. The Customer is allowed to use the service only if He/She accepts these terms and conditions. Upon acceptance of this Agreement the Customer declares that He/She has familiarised him/herself with the Service and products of the Provider, and the Customer understands that He/She accepts their features, prices and debiting criterion.
Use of the Service requires purchase of a MyJemma product and/or Service, and registration, after which the Service is immediately available for the Customer. The features of the Service and the prerequisites for its use as well as user instructions can be found on the Provider’s website. Services and products are occasionally included for free with the purchase of a product. Free Services may offer fewer features than the paid versions.
These terms and conditions cover also the additional services of the Provider. When ordering additional services or when starting to use those, the Customer also accepts all possible specific terms concerning the additional services produced by the Provider.
This Agreement limits the liabilities and warranties of the Providers product and Service to the extent expressed in mandatory legislation. Customer may be liable for any loss Provider or others incur caused by Customer’s Service, whether caused by the Customer, or by an authorized person, or by an unauthorized person. Finnish laws will be applied for use of the Service.
The Provider may, in its sole and absolute discretion, change or modify this Agreement, any policies or agreements, which are incorporated herein, and any limits or restrictions on the Services, at any time. Such changes or modifications shall be effective immediately upon posting to Providers website. Use of the Services after such changes or modifications shall constitute Customers acceptance of this Agreement and Service limitations as last revised.
If the Customer does not accept the terms and conditions of this Agreement, and the Service limitations as last revised, the Customer is not allowed to use the said Service or product.
Service and general obligations and rights
During the registration process the Customer will be granted user rights for the Service and the other products of the Service according to His/Her order and these terms and conditions. Based on this Agreement, the ownership or other rights of the Service will not be transferred to the Customer.
The Services are priced according to different types of users Services that are intended for private Customers may not be used for any commercial purpose. Corporate contracts have separate terms and conditions, and prices. The Provider reserves the right to change the pricing of the Service selected by a private Customer if the principal use of the Service diverges from these guidelines.
Subject to the terms and conditions of this Agreement and policies and procedures of the subcontractors used, the Provider shall use reasonable efforts to maintain the Service. The Provider strives to update the Service on regular basis. The Provider has no liability for the functionality of services that corporate clients have produced using the Service.
The Customer acknowledges and agrees that from time to time the Service may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs, replacements, or causes beyond Provider’s reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. The Customer acknowledges and agrees that the Provider has no control over the availability of the Service on a continuous or uninterrupted basis, and that the Provider assume no liability to the Customer or any other party with regard thereto.
Capacity of the Service is restricted to the level Customer has ordered. The web traffic of a Service is restricted to five (5) gigabyte (GB) per month unless otherwise agreed in writing between the Provider and the Customer. If web traffic exceeds the set limit, Provider has the right to close the Service until further notice or until the parties have agreed in writing that the Service will be transferred to a higher web traffic and payment class.
Use of the Service for illegal and harmful activities is strictly prohibited. Transmission, distribution, or storage of any information, data or material in violation of Finnish law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Use of the Service for purposes that bullies, harasses, intimidates, or defames other persons is prohibited. Distribution or publishing of any contents that is obscene, immoral, contrary to acceptable moral, illegal, or clearly misleading via the Provider’s server, products, or Services is prohibited. Use of the Service in a way that it will harm or may harm the Provider’s or the Service’s operation or impair or may impair the Provider’s or The Service’s public image or reputation is contrary to the Agreement and prohibited. Distribution or publishing of any content that may impair the Provider’s or The Service’s public image or may impair their operational capacity of reputation is contrary to the Agreement and prohibited. The Provider has exclusive right to decide if the use of Service, products, or server is contrary to the Agreement as here described. The Provider has however no obligation to monitor the content that the Customer has distributed or published on His/Her account.
The Provider reserves the right to remove any contents in the Service that is inappropriate or contrary to acceptable moral or contrary to this Agreement or the spirit of this Agreement without prior notification. The Provider reserves the right to close the Service that is contrary to this Agreement until further notice or entirely without prior notification. The Provider may also give a warning to the Customer and request the Customer to remove the said content. Regarding the content, the Provider has the right to follow court decision or the provisions of the authority.
The Customer has a right to use a server space corresponding to His/Her order. The Customer has no right to alienate His/Her server space to any third party without a written consent by the Provider.
The Customer is responsible for safekeeping the user login names, passwords, and PIN codes. The Customer must notify the Provider immediately of any breach of security or unauthorized use of the Service that the Customer has purchased. The Provider is not responsible for any harm or damage the loss or misuse of the user login names, passwords and PIN codes may cause to the Customer or any third party. The Customer has a right to change the password free of charge by following the instructions provided by the Provider.
The Service on the server of the Provider is backed up daily. In an event of an account issue caused by the Customer, a fee of 89 EUR is charged from the Customer for returning a backup copy.
The Provider may send its own and its partners newsletters and offers to all users of the Service.
The Customer has no right to alienate or transfer this Agreement or the products or Services that are subject to the Agreement partly or wholly without a prior written consent by the Provider. The Provider has the right to outsource tasks that are included in the Agreement.
Validity of the Agreement, prices and payment terms
The Agreement will be valid immediately after the Customer has ordered a MyJemma product or Service, registered as a user of the Service and accepted the terms and conditions of this Agreement.
The order is binding. After registering as a Service user, the Customer has 14 days to cancel the Agreement if the product or Service has not been taken in use and the products to be returned to the Provider are in flawless condition. Making an order will be considered as the starting point of new Agreement, from which the cancellation right (according to consumer protection Act 38/1978) starts. The terms apply also on orders for extension of Service periods. Cancellation must be done within 14 days from the date of order by sending Provider a notice of cancellation that includes Customer’s name, address, date of order, and the list of ordered products. The notice of Service cancellation must be sent by email to email@example.com. The price of the returned products and/or Services will be refunded to the Customer using the same payment method within 24 days from date when the notice of cancellation was received by the Provider and the Provider has inspected flawlessness of the returned items. Cancellation right does not apply to products or Services, which the Provider has produced to the customer according to the specific requests of the Customer (tailored products/services). The cancellation right does not apply to the Service or product that has been taken in use by a third person to whom the Customer has given the Service or a MyJemma product, or granted access to the Service.
In case this Agreement is not cancelled and the Customer orders the Service, the Agreement is valid for a set period of time that is as long as the contract period chosen by the Customer. The contract period can in certain cases be different in length compared to the chosen invoicing cycle.
Unless the Agreement is terminated in writing by either Party before the current contract period ends, it will continue automatically for an equally long period of time as the full term of the current contract.
The Customer can at any time terminate this Agreement in writing, after which the Agreement expires at the end of the current contract period. Written notification of the Agreement termination must be at the Provider at least thirty (30) days prior the end of the current contract period. The Service payments of the current contract period will not be refunded to the Customer.
With regard to products and Services, the valid price list of the Provider will be followed. The prices are available at the Provider’s Webshop. The VAT is included in prices according to the valid regulations.
The Provider has right to change the prices of products and Services, and the criteria for charges payable by contract periods by announcing the changes to the Customer on the Provider’s website or by email. The change does not affect the prices of contract periods that have started before the effective date of change. The changes will come into force at the beginning of the next invoicing cycle following the changes. If the public payments or taxation rules set by the authorities change either due to changes in regulations or tax policies, the prices of products and Services will change accordingly at the time the changes will be effective without further notice.
The Customer has the right to terminate the Agreement due to changes in prices for the said product or Service by notifying the Provider in writing at firstname.lastname@example.org. The termination will be effective at the end of the contract period during which the Provider was notified of the termination. The Customer has the right to terminate the Agreement also with regard to other products and Services, which cannot be used for the said purpose due to the termination of Agreement.
The Provider will charge the Services and products, which the Customer has order according the invoicing cycle the Customer has selected, always before delivering the Service or product, and prior to a new contract period. Provider will send an invoice for the Services and products to the Customer by email and it must be paid before the new invoicing cycle starts and latest by the due date of the invoice.
If invoice is not paid by the due date, Provider may close Customer’s Service until further notice. In this case there will be a notification of closing of Customer’s Service. Late payment interest according to the interest Act must be paid for the overdue invoices. The Customer has no right for compensation or reimbursement for the period the Customer’s Service is closed due to payment delay or other breach of the Agreement by the Customer. If the Customer does not pay the invoice within fourteen (14) days after the due date, the Provider will be legitimate to terminate the Agreement, after which the Service with all its contents can be removed from the server.
Based on this Agreement, the Provider has the right to transfer the outstanding balances of a Customer to a third party for collection.
Disclaimer of warranties and limitation of liability
The Provider has defined, and instructed the Customer, on its website on the minimum technical prerequisites for use of the Service and products. The Provider does not guarantee and is not responsible that the Service or products will work if these technical prerequisites are not followed. The Provider is not obligated to return the payments made by the Customer or liable in any other ways if the use of the Service fails due to fact that the Customer does not follow the instructions and technical prerequisites given by the Provider, or if the Customer uses third party network connections that do not function as required by the Service. The Provider is not responsible for the operation of third party network connections.
The Provider is not responsible or liable for the contents that the Customer uses or provides, or for campaigns or other marketing implemented by the Customer. If the Customer provides or practices online marketing or other sales activities using the Service, the Provider is not responsible for the delivery, invoicing or return of the products, or the information provided at third party website or their terms and conditions. The Provider is not responsible or liable for any other activities or responsibilities related to the business of the Customer.
The Provider is not responsible for destruction, loss, disappearance, or alteration of Customer’s data or data files that has occurred for any reason. The Provider is not responsible for any harm, damages, or expenses incurred in relation to recreation or recovery of the data files.
The Provider is not responsible for the operation or continuation of operation of any third party network connections used by the Provider. The Provider is not responsible for the interference or the obstructions caused by interference of the networks, or servers, devices, or systems connected to the network.
The Provider reserves the right to interrupt producing the Service temporarily if it is required for repair, maintenance, or other operations. The Provider strives to minimize length of the break and inform Customer in advance if possible.
The Provider has exclusive rights for all graphical elements and program code of the Service and web pages. The Customer has no right to transfer, copy, emulate, or save the program code, or any material or web page content created using the Service, or use the Service, material, or web pages on any other servers but the Provider’s servers.
Systematical or commercial use of any free trial period of the Service offered by the Provider is prohibited.
The Customer keeps the rights for the contents that He/She has composed and published in the Service. Customer is responsible for that the contents published by the Customer are not violating the rights of third parties. Provider has no right to such contents of Customer’s Service that the Customer has separately ordered either from the Provider or a third party, or the contents composed by the Customer, or data, pictures, videos, or other contents that the Customer has added to the Service.
The Provider is not responsible for any claims that concern the contents, Customer-tailored contents, or Customer produced contents the Customer has published at the Service, or the layout or rights related to any of those. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
THE PROVIDER AND ITS AFFILIATES WILL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, OR GOODWILL), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER THE PROVIDER NOR ANY OF ITS AFFILIATES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) THE USE OF THE SERVICE BY THE CUSTOMER; (ii) THE USE OF THE PRODUCTS BY THE CUSTOMER; OR (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY THE CUSTOMER IN CONNECTION WITH THESE TERMS, THE SERVICE, OR USE OF OR ACCESS TO SERVICE BY THE CUSTOMER. FURTHER, PROVIDER’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THE SERVICE AND PRODUCTS WILL NOT EXCEED 20 EUR OR ITS FOREIGN CURRENCY EQUIVALENT. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE CUSTOMER EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ACCESS TO, THE SERVICE BY THE CUSTOMER OR END-USERS IS AT THEIR SOLE RISK. THE SERVICE IS RECOMMENDED AND MADE AVAILABLE “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE PROVIDER, AND ITS LICENSORS AND DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
TO THE EXTENT NOT PROHIBITED BY LAW, THE PROVIDER OR RELEASED PARTY WILL NOT BE LIABLE TO THE CUSTOMER OR AN END-USER, TO WHOM THE CUSTOMER HAS PROVIDED THE SERVICE, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification: the Customer is liable for and will defend, indemnify, and hold harmless the Provider and its Affiliates, and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including attorneys’ fees) arising out of use of the Service by the Customer and End Users to whom the Customer has provided the Service in violation of the Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
The Provider is not responsible for the delays or damages caused by any obstacles, which are beyond its reasonable control, and which it cannot reasonably be expected to have taken into account at the time of the Agreement entered into force, and the consequences of which Provider could not reasonably have avoided or overcome. These include, but are not limited, to wars and natural disasters, fires and accidents, labour disputes, and failure or malfunction of transportation, devices, hardware, software or networks, and the server attacks towards the Provider.
All comparable situations and cases that delay or cause harm or damage to the Provider’s subcontractors’ normal operation are also considered as Force Majeure.
The Provider can announce the Force Majeure to the Customer at its home page or by email.
Applicable law and settlement of disputes
This Agreement is governed by and construed in accordance with the laws of Finland.
Any disputes arising out of or related to this Agreement will be strived to solve with negotiations between the parties. If negotiations will not lead to satisfactory results, the disputes shall be settled in Finland in the Providers home district court.
If the parties agree in writing, the dispute arising from this Agreement shall be finally settled by arbitration in accordance with the Central Chamber of Commerce Arbitration Rules. The dispute may be settled amicably also by the Finnish Bar Association’s arbitration rules of the settlement proceedings, if the parties agree on this in writing.
Amendment of the Agreement
The Provider has the right to change the technical definitions of the Services and products, the terms for delivery and general terms and conditions of this Agreement. If Customer does not accept the changes, He/She has the right to terminate the Agreement for the said product and/or Service to end by informing it in writing to the Provider. The termination will be valid by the end of the invoicing period during which the termination has been done.
The Provider has right to sell and transfer the Service and business to a third party. The Provider can inform the Customer about the change on the website or by email.