Terms and Conditions
- APPLICATION OF TERMS AND CONDITIONS OF USE
- DELIVERY AND USE OF SERVICES
- PERFORMANCE OF, AND CHANGES TO THE SERVICES
- INFORMATION SECURITY
- CHANGING THE TERMS AND CONDITIONS OF USE
- EPRICE'S RESPONSIBILITY FOR THE SERVICE
- CUSTOMER'S RESPONSIBILITY
- FORCE MAJEURE
- RIGHTS TO THE SERVICE AND THE MATERIAL CONTAINED THEREIN
- VALIDITY AND EXPIRATION OF A CHARGED SERVICE
- CUSTOMER INFORMATION
- EPRICE'S CONTACT INFORMATION
- ADDITIONAL INFORMATION
APPLICATION OF TERMS AND CONDITIONS OF USE
Scope of Application:
These Terms and Conditions of Use for online services shall apply to Hintaseuranta.fi's online service and the contents included therein (hereinafter "Service"), provided and maintained by ePrice Oy (hereinafter "ePrice"). Use of the Service shall require that the user of the Service (hereinafter "Customer") undertakes to comply with these Terms and Conditions of Use.
Using certain sections of the Service may require registration. The Service may also contain sections, the use of which is subject to a charge (hereinafter "Charged Service"). A Charged Service shall be separately identified as such in connection with the Charged Service in question. The use of Charged Services requires payment of the price quoted in connection with the Service. In the case of a Charged Service, a joining fee and a usage-based, time-based or otherwise defined usage fee may be charged from the Customer. ePrice may at any time change the pricing and pricing basis of the Service and change any free Service to a Charged Service or vice versa.
Other Applicable Terms and Conditions:
In addition to the provisions of these Terms and Conditions of Use, the Customer shall agree to comply with any instructions relating to the use of the Service provided separately or in connection with the Service by ePrice or its contracting partner. Currently valid Terms and Conditions of Use shall be available on ePrice's website and/or otherwise in connection with the Service.
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DELIVERY AND USE OF SERVICES
Delivery and Activation of Services:
Unless another usage time is announced for a certain section of the Service, the Service shall be basically available for 24 hours a day. The use of Services requiring registration and Charged Services requires a user ID and password.
Charged Services shall be delivered to the Customer by the agreed delivery time in the manner deemed most suitable by ePrice. ePrice may deliver the Service, for example, by providing the Customer with the identifiers required to use the Service. Unless otherwise agreed, ePrice shall deliver the Services within a reasonable time once the Agreement has been made. The delivery time may vary according to the Service in question. The Services may be activated within a period of time announced individually for each Service – or, unless otherwise announced, for a reasonable time after the delivery. The delivery and use of the Service shall require that the Customer has seen to the purchase, installation and functioning of all necessary equipment and other issues falling within the Customer's responsibility and that no other reason (such as one attributable to a third party) prevents the delivery or activation of the Service.
ePrice shall be entitled to add, change and remove sections of the Service, change free sections of the Service to Charged Services or discontinue the Service in part or in whole. In the case that ePrice discontinues the provision of Charged Service to a Customer that has purchased said Charged Service, ePrice shall refund the Customer a sum corresponding to the Customer's remaining period of access to the discontinued Charged Service. The Customer shall notify ePrice of the period of access to the Charged Service left unused within 30 days after the discontinuance of the Charged Service. The refund shall be paid only if the sum to be refunded exceeds EUR 3 and the Customer provides ePrice with all necessary bank account details.
Use of the Services:
The Customer shall receive the Service and assume all responsibility relating to its use as well as purchase, performance and proper protection of any equipment, connections and software necessary to use the Service. The Customer may not combine or use any Services in such a manner that causes unreasonable loading or other detrimental effects to the network, any networks connected to the network, other users and third parties or ePrice. ePrice may give separate, more detailed instructions concerning the types of use that cause undue loading of the network or are prohibited..
The Customer shall receive limited access to the Services in accordance with the provisions of this Agreement. The customer shall not be entitled to record, present publicly, convey, forward or use the Service or any content received through the Service or part thereof, except to the extent permitted by these Terms and Conditions of Use and relevant copyright legislation. The Customer may not use the Services in a manner that violates the copyrights or any other rights belonging to ePrice or any third party.
In the case of a Charged Service, the Customer shall also be responsible for all payments when a party other than the Customer has used the Services subscribed to by the Customer, unless the Customer can demonstrate that such use by a third party has occurred without the authorisation of and contributory action on the part of the Customer.
Identifiers:
All identifiers (such as user IDs and passwords) provided by ePrice to the Customer shall remain the property of ePrice, and the Customer shall have no entitlement to such identifiers after the expiration of the Agreement. Identifiers are customer-specific, and the Customer may not assign or disclose them to any third party. In the case that a third party wrongfully acquires the Customer's identifiers, the Customer shall notify the customer service of either ePrice or the Service of the matter without delay. The Customer shall be liable for any payments arising from the use of the Service until the notification has been made. ePrice shall be entitled to bar the Customer from accessing the Service immediately on learning that the identifiers have been wrongfully acquired by a third party or lost. ePrice shall be entitled to change the identifiers if so required by reasons arising from the network, the Customer, delivery of the Service, information security/protection or orders from authorities or other relevant reasons. ePrice may in certain situations change the identifiers following a request from the Customer, in which case a fee indicated in the price list may be charged from the Customer.
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PERFORMANCE OF, AND CHANGES TO THE SERVICES
General Performance:
ePrice shall produce the Service in the manner it deems best. The Service shall be deemed defective if it deviates essentially from the characteristics specified in the Agreement or otherwise, and this deviation essentially prevents the use of the Service. ePrice shall disclaim all warranties, express or implied, regarding the use of the Service or its characteristics, and ePrice shall not guarantee the uninterrupted and faultless performance of the Service.
Changes to the Service:
ePrice shall aim to develop the Service and maintain the performance of the Service as faultlessly as possible. ePrice shall be entitled to make changes to the Service affecting the technology, content and use of the Service. In the case that said changes require changes in the Customer's equipment or software or other action by the Customer during an agreement period, ePrice shall aim to publish the changes well in advance on the Service's website or in another appropriate manner. The Customer shall, at its own cost, see to any necessary changes to the Customer's equipment or software.
Service and Maintenance:
ePrice shall be entitled, without liability for compensation to the Customer, to suspend the Customer's access to the Service or otherwise suspend the provision of the Service if necessary for developing or amending the network or the Services, correcting defects and errors, securing telecommunications, performing service or maintenance work or complying with applicable laws or authorities' regulations, or for other corresponding reasons. ePrice shall aim to schedule any interruptions in a manner causing minimum inconvenience to the Customer and to minimise any periods of suspension. Excluding sudden and minor interruptions defined in Clause 3.3, ePrice shall aim to notify the Customer of any interruptions in the manner it deems best, e.g. on the Service's webite.
Other Interruptions to the Service:
ePrice shall in all cases, without delay or prior notice, be entitled to suspend and prevent any such use of the Service and all such telecommunications, as well as remove any such material that ePrice deems, or a third party or the authorities demonstrate, to violate, or evidently violates, the provisions of applicable laws, good practice or any protected rights of a third party; causes unreasonable loading or other detrimental effects to the Service or the network; threatens the information protection/security of the Service or the network; causes harm to other users, other third parties or ePrice; or otherwise violates the instructions given in Clause 1.2 or these Terms and Conditions of Use. Suspension and/or prevention of the use of the Service as described above shall not discharge the Customer from liability for payments arising from the use of Charged Services.
ePrice's Liability in Cases Relating to Delaying a Charged Service and Malfunctions of the Service:
ePrice shall aim to deliver the Service to the Customer within the period of time announced in the Service or agreed upon separately. The Customer shall be entitled to an extension of the access period corresponding to the duration of the interruption only if the use of a Charged Service delivered to the Customer is prevented or delayed due to a malfunction of the Service that is, entirely or essentially, within the control and responsibility of ePrice. This shall be the Customer's sole and exclusive compensation in cases relating to interruptions or malfunctions of the Service. The compensation shall be paid only if the Customer notifies ePrice's customer service of the prevention without delay.
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The Customer shall acknowledge that the use of any open information network constitutes a risk to information security. ePrice shall not be responsible for the Customer's information security during the use of the Service. The Customer shall be responsible for protecting and maintaining the information security of the Services and the Customer's computers, information systems, local area network and other such equipment or systems. The Customer shall be liable for any consequences of inadequate protection as well as any damage to ePrice, users or third parties arising from viruses or corresponding harmful components that have entered the network or spread via the network as a result of the Customer's negligence.
ePrice shall keep all information related to the Customer confidential. ePrice shall organise the information security of the Service in a satisfactory and efficient manner and aims to prevent unauthorised access to its information systems with appropriate technical solutions. However, ePrice shall not guarantee the completeness of information security.
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CHANGING THE TERMS AND CONDITIONS OF USE
Changes to the Terms and Conditions of Use:
ePrice shall be unilaterally entitled to make changes to these Terms and Conditions of Use as well as any Service-specific terms and conditions. The changes shall come into effect after so announced by ePrice on a website related to the Service and the terms and conditions have been available in the Service for viewing for a week.
Charged Service
The prices of Charged Services shall be at the discretion of ePrice. The price, validity period and terms and conditions of use of the Charged Service shall be based on the price list and terms and conditions of use valid at the time of subscription by the Customer. ePrice shall be entitled to change any prices and terms and conditions of use. Minor changes to the terms and conditions of use shall be announced through the Service or in another corresponding manner. The changes shall come into effect at the announced time, and they shall immediately apply to all Charged Services purchased after them coming into effect. The Customer shall be notified of essential changes to the terms and conditions of use via e-mail or through the Service. By continuing to use the Service after the changing of the terms and conditions of use, the Customer agrees to comply with the changed terms and conditions of use.
Changes Due to Legislative and Authoritative Actions:
ePrice shall be entitled to change any terms and conditions of use, including prices and bases of invoicing, following changes in legislation, exchange rates and taxation (including value added tax) and other orders from the authorities as well as unexpected circumstances beyond the control of ePrice. The changes shall be applied immediately after their coming into effect.
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EPRICE'S RESPONSIBILITY FOR THE SERVICE
ePrice shall be responsible for the content, copyrights and other intellectual property rights of the material it produces for the Service. ePrice shall not be responsible for other content in the Service nor any other content delivered or acquired through or with the help of the Service.
ePrice shall not be responsible for the content of any material sent to the Service by a Customer, any service or content of any other service provider, any related copyrights nor any other intellectual property rights even if the service in question could be accessed from ePrice's Service via a link or otherwise.
ePrice shall not be liable for any damage incurred by the Customer as a result of using inaccurate, incomplete or ambiguous information contained in the Service. Any information, instructions or advice provided in the Service relating to legal, commercial, medical or other matters is not intended to be provided as information, instructions or advice that binds ePrice and cannot therefore be used to make any claims against ePrice.
ePrice shall not be responsible to the Customer for the prevention of the use of, or any errors or defects in, the Service, any faults or malfunctions in the Customer's equipment or software arising from reasons such as force majeure, incorrect use or connection of the Service by the Customer, Customer negligence, circumstances within the responsibility of the Customer or a third party or any other circumstances beyond ePrice's control, nor any malfunctions or defects resulting from the maintenance of the Service.
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CUSTOMER'S RESPONSIBILITY
The Customer shall be responsible for the use of the Service and any material delivered to the Service or distributed to other users and information networks through the Service, as well as for ensuring that the use of the Service or the said material does not violate any copyrights, industrial property rights or other protected rights of any third party, these Terms and Conditions of Use, applicable laws or good practice nor cause any detrimental effects to the network, ePrice, ePrice's contracting partners, other users or third parties. The Customer shall undertake to compensate ePrice or any third party for any costs and/or damage incurred as a result of the Customer's use of the Service violating this Clause.
In the case that the Customer delivers any picture or video material to the Service, the Customer shall be responsible for acquiring all necessary copyrights and other rights to the material in question. This means that the Customer has either photographed, videoed or otherwise created the material delivered him- or herself or acquired all necessary copyrights (including the rights to modify and forward) from the persons who have photographed or videoed the material or otherwise participated in its creation and that the recording of the material has been authorised.
The Customer shall have acquired the consent of all persons appearing in the picture/on the video for ePrice and/or ePrice's contracting partners to use and utilise the material commercially and otherwise in any manner they deem best. The Customer responsible for delivering the picture/video shall be able to present documents of such consent if required. For any under-aged persons, the Customer shall be able to present documents proving the custodian's consent. The Customer shall also affirm that the material has not been and will not be delivered exclusively to any third party.
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FORCE MAJEURE
The parties shall be released from their obligations under the Agreement for the period of time and to the extent that the failure to meet the obligations under the Agreement is due to Force Majeure. Force Majeure resulting in release from obligations shall mean an unusual and significant event that has arisen after the coming into effect of the Agreement and that prevents the fulfilment of the Agreement that is beyond the parties' control and the impacts of which cannot reasonably be avoided or overcome. Examples of such events are war, insurrection, requisition or attachment for the general public, discontinuation of the energy supply, a strike or similar industrial action, fire, thunderstorm or other natural phenomenon or other reason with corresponding consequences and beyond the control of the contracting parties.
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RIGHTS TO THE SERVICE AND THE MATERIAL CONTAINED THEREIN
All copyrights, industrial property rights and other protected rights to the material contained in the Service shall be the property of ePrice or its contracting partners. Copyright to any material delivered by the Customer shall remain the property of the Customer. ePrice shall, however, be entitled to use (including by linking) and re-publish material sent or conveyed to public forums (such as message boards, picture galleries and weblogs) through the Service by the Customer in the Service, its marketing or ePrice's communications, public relations or other business.
The Customer shall be entitled to use the Service according to these Terms and Conditions of Use.
In the case of a Service requiring registration, the details of the access right shall be defined in the Service-specific terms and conditions provided in connection with registration. The Customer shall agree to the binding nature of those terms and conditions in order to be able to register to the Service. The Customer shall acknowledge that while services of other service providers may be accessible through ePrice's Service, the use of such services may require separate registration and be subject to a charge.
The Customer may only use the Service for personal purposes. The Customer shall not be entitled to manufacture or have others manufacture copies of the content of the Service by, for example, saving content to a server or disclose the content of the Service in part or in whole to the public by, for example, conveying content in any information network without prior written permission from ePrice or other copyright holder. When quoting the content of the Service as permitted by applicable laws, the Customer shall give the source as per good practice.
The Customer shall undertake not to send, convey or store on, to or through the Service any material that violates good practice or applicable laws, nor to incite any person to such activity. The Customer shall also undertake not to send, convey or store on, to or through the Service any material protected by copyrights, trademark rights or other intellectual property rights without express permission from the right-holder. ePrice shall be entitled to remove from the Service any material that it deems to violate applicable laws or good practice, be otherwise inappropriate or violates the rights of a third party.
The Customer shall be responsible for responding to any compensation claims presented by right-holders of the material delivered to the Service or third parties. ePrice shall be entitled to prevent the use of the Service if it has reason to believe that the Service is being used to distribute any such unauthorised material or is otherwise in violation of good practice or applicable laws.
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VALIDITY AND EXPIRATION OF A CHARGED SERVICE
A Charged Service shall continue in effect until the end of the period subscribed to by the Customer unless otherwise stated in any special terms and conditions applying to the Charged Service or expressly agreed to by the parties.
In addition to the provisions concerning changing and discontinuing the Service elsewhere in these Terms and Conditions of Use, ePrice shall be entitled to immediately discontinue the delivery of any Charged Service to the Customer if so required by any agreement between ePrice and a third party or any reason arising from the circumstances of the Customer (e.g. in cases were the Customer has been found without means in levy of execution or the Customer's property is under demand to be surrendered into bankruptcy or liquidation or the Customer is otherwise experiencing serious financial difficulties) or other reason beyond the control of ePrice. Any service payments already paid by the Customer for the Charged Service to be terminated shall be compensated for to the extent that the payment applies to the period after termination of the delivery of the Service and exceeds the sum of 3 EUR.
In addition to the provisions concerning reception of and suspension of access to the Service stated elsewhere in these Terms and Conditions of Use, ePrice shall be entitled, immediately and without prior notification, to suspend the Customer's access to and/or reception of the Service (e.g. by closing down the Service) if the Customer violates the obligations imposed upon it by the Terms and Conditions of Use or, in the case of a Charged Service, fails to meet its liability to pay and correct the violation without delay after receiving a notification from ePrice. In the case of an essential violation, reception of or access to the Service may be suspended immediately without correction notification. Suspension of reception and access shall not discharge the Customer from liability for payments arising from the Services. ePrice shall be entitled to prevent access to the Service especially in cases where 1) the Customer is in default of payment and fails to pay the arrears within 14 days after receiving a payment reminder; 2) the Customer's use of the Services causes detrimental effects to the network or equipment of ePrice or its contracting partners, other users or third parties; 3) delivery of the Service was based on incorrect information given by the Customer.
10.1 Consequences of Expiration or Termination:
Notwithstanding the expiration/termination of the Agreement, such terms and conditions of the Agreement that are intended to remain in effect after the expiration/termination of (the rest of) the Agreement (such as entitlement to damages for harm incurred within the validity period of the Agreement and ePrice's rights concerning the material provided by the Customer as defined in Clause 9) shall remain in effect.
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CUSTOMER INFORMATION
Information Provided by the Customer:
The Customer shall provide ePrice with all requested information required for the delivery of the Service. The Customer shall assert that the information provided is correct and current. The Customer shall notify ePrice's customer service without delay and in writing of any changes to said information. The contact information provided by the Customer shall also be used for customer identification in connection with changing the password. The Customer shall be responsible for any errors, defects or delays arising from incompleteness or obsolescence of the information provided by the Customer.
Processing of Personal Information:
ePrice shall process personal information on registered Customers in accordance with the description of the personal data file and privacy statement and legislation on privacy protection.
Cookies:
Cookies shall be used in the service in manners described in the privacy statement.
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EPRICE'S CONTACT INFORMATION
ePrice's contact information is contained on the Service's website. ePrice shall announce any changes to its contact information on the Service's website, on its own website or in another appropriate manner. The aim is to announce any changes well in advance .
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ADDITIONAL INFORMATION
Validity of the Terms and Conditions:
These Terms and Conditions of Use shall come into effect on 1 January 2014 and remain in effect until further notice.
Governing Law and Dispute Resolution
The Service and these Terms and Conditions of Use are governed by Finnish law, excluding its connecting factor rules. Any disputes over the use of the Service should be resolved amicably through negotiations. If a settlement cannot be reached, the matter will be settled at the Helsinki District Court.
Consumer Protection and Other Legislation:
These Terms and Conditions of Use shall not limit any rights of the Customer based on imperative provisions of consumer protection or other legislation (such as the imperative provisions of the Communications Market Act which may apply to certain services).
Customer's Assurance:
The Customer shall affirm having reviewed the Terms and Conditions of Use and any Service-specific terms and conditions. The Customer shall undertake to comply with all parts of these Terms and Conditions of Use and any Service-specific terms and conditions in the use of the Services.
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