Terms of use of the service
ACCESS AGREEMENT FOR ONLINE SERVICES
1. DEFINITIONS
“Online Services” (the “Service”) means the online service(s) operated by ePress Nordic, the use of which (e.g. access, viewing and browsing) is made possible under this Agreement. Online Services may include online publications, online communities, e-mail services, Internet access, demand and supply information services and other similar services.
“Customer” (hereinafter referred to as “Customer”) is a natural or legal person who has the right to use the Service under this Agreement.
“ePress Nordic” (hereinafter EN or Service Provider) means ePress Nordic’s subsidiaries, affiliates and related entities. Affiliate means a company or association in which ePress Nordic, its subsidiary or associated company has a substantial interest in the ownership or provision of the Service.
“Material” (hereinafter “Material”) means material in any form on the Service, such as articles, advertisements, images, advertisements, sales literature, drawings, audio, etc. The Material may be provided by the Service Provider, the Customer or a third party to the Service.
“System” (the “System”) means the hardware, servers and software used by EN to operate the Service.
2. ENTRY INTO FORCE OF THE AGREEMENT
On the part of the Customer, the agreement enters into force when the Customer has accepted the terms and conditions of this agreement and has filled in the information required to access the Service on EN’s web pages related to the Service and has registered for the Service by clicking on the button or in any other way separately agreed with the Service Provider. The Customer is registered when the Service Provider has provided the Customer with a password. For the Service Provider, the Agreement shall enter into force when the Customer’s registration to the Service has been accepted.
3. RIGHTS, RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES
3.1 Customer rights, responsibilities and obligations
In addition to the other rights, responsibilities and obligations set out in this Agreement, the Customer has the following rights, responsibilities and obligations:
3.1.1 Customer rights
3.1.1.1.1 Customer’s right to use the Service
The Customer shall have the right to use the Service in accordance with the terms of this Agreement for purposes consistent with law and good practice. Through the Service, the Customer may also have access to services under the responsibility of other information providers and service providers, the use of which may require acceptance of separate terms of use.
The Customer may use the Material only for its own personal purposes and for private use.
3.1.1.2 Customer username and password
Upon registration, the Customer will receive a personal username and password for the Service. The Customer undertakes to store them carefully and to keep them as his/her personal data. The Customer is responsible for ensuring that the user name and password are not disclosed to third parties. The Customer is responsible for the use of his username and password.
3.1.1.3 Customer’s right to register
Only an existing natural or legal person is entitled to register as a Customer. The minimum age to register for paid services for natural persons is 15 years. A person under the age of 18 or otherwise incapacitated is required to have the consent of a guardian to purchase the Paid Services or that the legal transaction is of a customary and minor nature under the circumstances or that the legal transaction is made with funds earned by the incapacitated person through his/her own work.
3.1.2 Customer responsibilities and obligations
3.1.2.1 Customer’s responsibility for equipment, use, etc.
The Customer is responsible for the acquisition and maintenance of its own equipment, connections and software necessary to use the Service and for ensuring that they do not cause any inconvenience, disturbance or damage to the Service Provider or other Internet users. Any equipment or software that may cause harm, interference or damage must be immediately disconnected from the network. The Customer shall be responsible for ensuring that, when using the Service, he does not cause interference to other users or infringe the rights of other users, the Service Provider or third parties.
3.1.2.2 Customer’s liability for infringement of intellectual property rights
The Customer undertakes not to store, preserve, distribute, transmit or disseminate in the Service any Material that violates, incites or promotes any law and/or morality. The Customer shall be responsible for not storing, distributing, transmitting or transmitting on or through the Service any Material protected by copyright, trademark or other intellectual property rights without the permission of the author or right holder. The Customer shall be responsible, at its own expense, for any disputes, costs and compensation arising in connection with the Material it has produced on the aforementioned network.
3.1.2.3 Customer responsibility for charges
The Customer shall be responsible for any charges for its own use of the Service or for any requirements and costs related to the use of the Service for third parties (e.g. Internet access charges and telephone charges).
3.1.2.4 Other terms and conditions concerning the Customer’s responsibilities and obligations
The Service contains Material that is protected by copyright, trademark and other rights. The Service as such is protected by copyright under the Copyright Act in force in Finland.
You may not sell, transfer or otherwise dispose of the Service or any part of it.
The Customer grants the Service Provider the right to edit, copy, publish or otherwise make available to the public the Material made available by the Customer in the Service during the term of the Agreement and after its termination, free of charge.
The Customer is liable to the EN and/or directly to the entity whose rights have been violated by the Customer for possible misconduct and for its illegal and/or non-contractual conduct.
The customer may not include the Service or any part thereof on his/her own website or link to the Service for commercial purposes without EN’s written permission.
The Customer shall immediately notify the Service Provider of any change in the Customer’s name and address.
The Customer undertakes to return or destroy all the Material received from the Service Provider at the end of the contractual relationship, as separately agreed with the Service Provider.
3.1.3 Information security
The Customer is aware that the Internet as an operating environment may cause deficiencies in the functionality of the Service and the System and that information security is a risk in existing information systems and is responsible for the protection of his/her own computer, information system or other similar computer equipment.
3.2 EN’s rights, responsibilities and obligations
In addition to the other rights, responsibilities and obligations set forth in this Agreement, EN shall have the following rights, responsibilities and obligations:
3.2.1 EN’s rights
3.2.1.1 Temporary security measures
The Service Provider has the right, but not the obligation, to review, modify or prohibit the publication of Material it deems inappropriate, especially if the Material is contrary to law, good practice or marketing regulations. The Service Provider has the right to block the Customer’s use of the Service if the Service Provider has reason to suspect that the Service is being used for a purpose that is contrary to law or good practice or if an authority requests it.
3.2.1.2 Right of access to information relating to paid services
For Paid Services, the Service Provider has the right to check the Customer’s credit information and, at its discretion, to require a reasonable advance payment or security from the trader customer. A legal entity as a Customer may be required to provide a Y-identification or equivalent registration number. In order to enforce the rights and obligations of the Customer and the Service Provider, the Service Provider may collect personal identification from billing customers who are natural persons.
3.2.1.3 Customer’s right to modify their IDs
The Service Provider has the right to change the Customer’s username, e-mail address, password or other information necessary for or connected to the use of the Service, if they cause discrepancies or duplications in the Service Provider’s information systems.
3.2.1.4 Service Provider’s right to change the content of the Service
The Service Provider has the right to provide the Service in the manner it deems appropriate and to change the content of the Service. Any changes will be notified within a reasonable time in advance on the web page associated with the Service or to the Customer’s billing or e-mail address. The obligation to notify does not apply to technical changes such as hardware or software upgrades.
3.2.1.5 Service Provider’s right to suspend the Service
The Service Provider has the right to temporarily suspend the Service if it is necessary due to the Service, its technical modification or renewal or due to installation, modification and maintenance work on the public telecommunications network or if required by laws, regulations, governmental regulations, instructions or statements or recommendations of the relevant organizations in the field. The service provider shall endeavour to ensure that the interruption does not last for an unnecessarily long period and that any inconvenience caused is kept to a minimum. The provider shall endeavour to give prior notice of the interruption.
3.2.2 EN’s responsibilities and obligations
3.2.2.1 Responsibility for content
The Service Provider is responsible for the legality of the editorial content it produces for the Service and strives for the highest possible quality of the Service, but does not guarantee in any respect the reliability of the Service or the related information product or service or the reliability of the services accessible through the Service.
3.2.2.2 Liability for damages
In the event that the Customer suffers any damage as a result of this contractual relationship or the use of the Service on the basis thereof, the Service Provider shall be liable as follows: for paid Services, the Service Provider shall only be liable for direct damage caused to the Customer by its negligence. The maximum liability of the Service Provider shall be the amount of the fees paid by the Customer for the Service for a period of one (1) month. The Service Provider shall not be liable for any indirect or consequential damage caused to the Customer. For free services, the Service Provider shall not be liable for any direct, indirect or consequential damage caused to the Customer.
3.2.2.3 Responsibility for information and marketed products on the Service
The Service Provider is not responsible for the accuracy or reliability of the information presented on or accessible through the Service or for the accuracy or correctness of the products or services marketed or provided through the Service. The Service Provider is not responsible for the content of any opinion or discussion boards that may be present on the Service.
3.2.2.4 Responsibility for the functioning of the System
The Service Provider is not responsible for the functionality of the System, nor for any interruptions caused by technical faults, maintenance or installation work, telecommunication failures, or any change or loss of data or the like that may result from them. The Service Provider shall endeavour to keep the Internet network free from interference.
3.2.2.5 Repair of faults and malfunctions
The Service Provider will repair any faults and malfunctions of the Service during normal working hours after being notified of the fault or malfunction without undue delay.
3.2.3 Information security
The Service Provider shall endeavour to ensure that the Service meets reasonable security requirements, but shall not be liable for any damage caused to Customers by security breaches or security risks such as computer viruses.
4. ADVERTISEMENTS AND NOTICES
The publication of advertisements and notices in EN’s media is subject to the terms and conditions of the Service Provider’s Media Card or other terms and conditions indicated by the Service Provider. The advertiser/advertiser must comply with the international basic rules on advertising in force at the time.
All accepted advertisements/ads will be published on the agreed dates. However, if the advertisement/announcement cannot be published for production or other operational reasons or for reasons attributable to the Customer, the external information provider or the external service provider, EN is not liable for any damage that may result.
EN’s liability for the omission of an advertisement/advertisement or for an error in publication is limited to a maximum refund of the amount paid for the advertisement/advertisement.
Comments must be made within 8 days of the publication of the advertisement/advertisement or the date of publication.
5. SERVICE PRICES/FEES
Some of the Services operated by EN are free of charge.
Upon acceptance of this Agreement, the Customer may, without charge, choose to use the free portions of the Services that he/she wishes. If the Customer is switching to the Paid Services, this will be clearly indicated on the Service.
For paid Services, the Customer shall pay to the Service Provider any fees for the use of the Service in accordance with the price list in force from time to time.
The Service Provider has the right to change the pricing and payment conditions. The Customer shall be informed of any changes at least one (1) month before the change comes into force in connection with the invoice, on the web page related to the Service or by e-mail. If the Customer terminates the contract due to a price change, the amended terms and conditions shall not apply during the termination period. Cost increases due to laws, regulations or governmental measures will increase prices immediately from the date of entry into force of the regulations.
The Customer must pay the invoices sent by the Service Provider by the due date. In the event of late payment, the Service Provider is entitled to charge interest at the legal rate. The Service Provider shall be entitled to charge a reminder fee for separate payment reminders. If a legal person has not made a payment by the due date, the Service Provider has the right to block the use of the Service. If the Consumer Customer has not made payment within one week of the sending of the payment reminder, the Service Provider has the right to block the use of the Service. The Service Provider may charge a fee for re-opening the Service.
6. DATA PROTECTION
6.1. Processing of data
Registration of data
The Service Provider registers the information provided by the Customer about him/herself during registration in the customer database and in service-specific registers. In addition, customer-specific information on the use of the Service is collected in the profile register and service-specific registers. The register descriptions of the service-specific registers are available on the service-specific websites. In accordance with the General Data Protection Regulation and the Data Protection Act, the Service Provider may also register other information about the Customers, of which the Customer will be informed when the personal data is collected.
Use of data
The data will be used and otherwise processed for purposes related to the Service. In addition, the data is used for statistical research purposes and to target advertising by EN and/or its partners, advertisers, etc. through EN’s media and services. The data may also be used to group Customers. The data may be disclosed to the publisher of the magazine subscribed to in order to manage the customer relationship.
Storage and disposal
Personal data is kept for at least the duration of the customer relationship, but not more than three years after the end of the customer relationship. However, accounting records shall be kept for six years from the end of the financial year to which the document relates.
The data is kept secure so that it can only be used for the specified purposes.
6.2 Customer rights
Right of prohibition. You have the right to object to the disclosure and processing of your data for direct marketing, distance selling and other direct marketing purposes. The controller is ePress Nordic, c/o Bilanssi Oy, Mannerheimintie 15a B, 00260 Helsinki, Finland.
Right of inspection. In accordance with the Personal Data Act, the customer has the right to check what data concerning him/her has been stored in the personal data file. The request for inspection must be submitted to the controller in a document signed by hand or certified in an equivalent manner or in person at the controller’s premises.
The data subject also has the right to obtain the rectification, integration, erasure, restriction or objection of processing and the right to data portability. The exercise of these rights is subject to the conditions set out in the General Data Protection Regulation. In addition, the data subject has the right to lodge a complaint with a supervisory authority. The rights of the data subject are set out in more detail in the Privacy Notice.
6.3 Consent to the processing of personal data
By accepting the terms and conditions of this Agreement, the Customer gives EN its unambiguous consent to the processing of personal data referred to in this paragraph and in the Service’s Privacy Policy (see also Privacy Policy).
7. RIGHTS TO THE MATERIAL
7.1 Material produced by EN and other Material to which the Service Provider is entitled.
The ownership and all other rights (including copyright and other intellectual property rights) of the Material produced by EN belong to EN.
7.2 Use of data in the Service Provider’s services
The material deposited in the service will become part of EN’s electronic databases without any extra charge and may be published as part of the databases and made available to the public when the databases are published.
EN has the right to publish and make available to the public the Material stored in the Service or part of it in other electronic media published by EN.
8. FORCE MAJEURE
The following circumstances shall be considered force majeure if they prevent performance of the contract or make it unreasonably difficult: industrial action and any other circumstances beyond the control of the parties, such as unforeseen events in the workforce, fire, war, mobilisation, requisition, seizure, currency restrictions, rebellion, power failure and disruption of telecommunications and/or internet traffic. The contracting party is released from its obligations and from the obligation to pay compensation for the duration of the force majeure.
The existence, cause and termination of force majeure must be notified to the other party by e-mail or otherwise in writing without delay. The Service Provider may also announce force majeure on its website related to the Service.
9. TERMINATION OF THE CONTRACT
Both parties have the right to terminate the contract if the other party can be considered to be in material breach of the contract and has not corrected its actions within one week of receiving written notice.
EN has the right to terminate the contract immediately if one of the contracting parties becomes bankrupt, goes into reorganisation, liquidation, insolvency or insolvency proceedings, or if the other contracting party defaults on its payments to EN.
10. TRANSFER OF CONTRACT
EN has the right to assign this agreement and the rights and obligations under it to a third party. The customer does not have the right to transfer this agreement to a third party.
11. CHANGES TO THE AGREEMENT
Any terms of an individual contract that differ from these conditions must be agreed in writing. The Service Provider has the right to unilaterally change the terms and conditions of the contract and the changes will come into force when the Service Provider announces it on its web page related to the Service and the terms and conditions have been available on the Service for one week. If the Customer does not accept the change, he must notify the Service Provider within one week of the change coming into force. If the Consumer-Customer terminates the contract as a result of the change, the amended conditions shall not apply during the period of notice. After the termination period, the Customer’s right to use the Service shall cease and the user account shall be cancelled. In any case, the Customer shall be deemed to have accepted the changes when using the Service after being informed of the change.
12. VALIDITY OF THE CONTRACT
The contract is valid until further notice. The contract may be terminated by giving one month’s notice, unless otherwise agreed. Termination must be made by e-mail or otherwise in writing. The Service Provider may also terminate the contract by means of a notice on the Service’s website.
Upon termination of the Agreement, the right to use the Service and any accompanying Materials under this Agreement shall terminate. Notwithstanding termination, the terms and conditions of liability under this Agreement shall survive termination.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by Finnish law. Any disputes arising from this contract and the contractual relationship shall be settled primarily by negotiation, but if no agreement can be reached in the negotiations, they shall be settled by the Helsinki District Court of First Instance in the General Court. The consumer-customer has the right to submit the dispute to the Consumer Disputes Board.