ILONA WORKS FINLAND OY
Terms and conditions of Service 2018
1. General
These general terms and conditions of service (”Terms”) concern Ilona Works Finland Oy’s (hereinafter also “us“, “we” and/or “IlonaWorks“) IlonaWorks –services and IlonaWorks websites as well as the use thereof. By registering, signing in or otherwise using the IlonaWorks –services or by visiting our websites, you accept these Terms. If you do not accept these Terms, please do not use our IlonaWorks –services or websites.
These Terms together with our Privacy Policy form a binding agreement between you and IlonaWorks. However, please note that IlonaWorks does not enter into agreements with or offer services to private persons, and all the agreements and orders/purchases will in reality be made in the name of the company you represent. When you accept these Terms, you warrant that you have competence and a right to enter into these Terms on behalf of your company or to otherwise enter into an agreement on behalf of the company you represent. We may also verify the existence of your authority to sign from third party services before you enter into agreements via our IlonaWorks –services.
In addition to these Terms, some special terms and conditions may also be applicable to some of the IlonaWorks –services or their features. In such cases, we will separately inform you about possible applicable special terms and conditions and make them available for you. In case there are any discrepancies between such special terms and conditions and these Terms, the special terms and conditions shall prevail.
2. Use of the services
IlonaWorks offers the IlonaWorks –services as online services via internet. In IlonaWorks –services, you have the opportunity to compare and order/purchase different corporate services on behalf of the company you represent. In the IlonaWorks –services, different services of IlonaWorks’ partners, these partners have chosen to offer via the IlonaWorks –services are brought forward to you. You may choose the services you want from the services brought forward to you, and make a service order/purchase to said service provider via the IlonaWorks –service. Please note, however, in some instances the ordering/purchasing of the services will be completed on the website of the service provider you have chosen and not in the IlonaWorks –service. This is why you are transferred to the website or online service of the service provider you have chosen when you wish to complete your order/purchase. The service providers’ own terms and conditions are applicable to their websites and online services.
Even if we have brought forward a service of one of our partners to you in our IlonaWorks –service, this does not mean that our partner accepts your order/purchase of the services you have chosen or enters into an agreement with the company represented by you. IlonaWorks does not in any way participate in negotiating or drafting the agreements concerning the services offered by our partners through IlonaWorks –services, nor guarantees in any case that the partners will ultimately deliver the services in accordance with your order/purchase. You as a user are solely responsible for making the order/purchase and negotiating agreements with our partners regarding the services. IlonaWorks is not liable for delivering the services. The partners offering the services are solely liable for delivering these and the delivery is in their sole discretion.
When you add, upload or otherwise deliver materials or information to the IlonaWorks –services or through them, you undertake to ensure that all such material or information delivered by you is in your ownership or you otherwise have a legal right to use it, and the material or information delivered by you is not considered as protected material or information of a third party to which you have no usage rights. You ensure and warrant that all material or information you have uploaded to the IlonaWorks –service or through the Ilona Works -service is not illegal, offending, harmful, dangerous or otherwise unsuitable considering the nature of IlonaWorks –services. When you have an opportunity to upload other persons’ personal data through IlonaWorks –services (for example when acquiring employment pension services), you ensure that you have a right to process and transfer such personal data in accordance with applicable data protection legislation.
You are solely liable for and you undertake to comply with applicable legislation and instructions provided on the use of the service in all of your use of IlonaWorks –services. You may not in any way misuse our IlonaWorks –services or use IlonaWorks –services for your own business purposes or business purposes of the company represented by you or those of a third party. You may not in any way attempt to intervene or interfere with the functions of IlonaWorks –services and you must always use our IlonaWorks –services in accordance with the instructions and restrictions provided by us. We may at any time cease to offer IlonaWorks –services to you or shut down your user account if you do not comply with these Terms, our other instructions or applicable legislation. We may also cease to offer IlonaWorks –services or block access to your user account in order to investigate an alleged misuse or breach.
3. Your user account
The use of IlonaWorks –services requires a functioning internet connection from you, because the service is an online service as described above. In order for you to use IlonaWorks –services, you may also create (and thus also to the company represented by you) a user account and register to the IlonaWorks –service, but the IlonaWorks –services may also be used without creating a user account. All such legally competent persons who, in accordance with applicable legislation, have a right to enter into agreements, order/purchase services and make other equivalent legal acts on behalf of and in the name of the company they represent, may create a user account to the IlonaWorks –service. All IlonaWorks –services are intended for companies and not to private consumers.
When you register to our IlonaWorks –services, the user ID and password for the account created by you are sent to you. Your user ID is the email address you provided when registering to the services. You may close your user account at any time. However, you acknowledge that even if you close your user account, IlonaWorks may have to retain some information related to your user account and you.
In order for you to be able to register as a user to IlonaWorks –services and for us to create the necessary user account for you, you have to provide us certain personal data of you as well as certain information of the company represented by you. We process personal data as described in our Privacy Policy.
4. Intellectual property rights
All content of IlonaWorks –services and our website is protected by copyright (including, but not limited to, trademarks, copyrights, patents and registered ownerships), and all rights to the IlonaWorks –services and the website or the content thereof belong to IlonaWorks, our licensors or our partners. Copying, editing or dissembling, in whole or partially, the IlonaWorks –services, our website or the content thereof, for example by copying texts, graphics or design, is prohibited. You and the company you represented are only granted a limited, non-exclusive, non-sublicensable and non-transferrable right to use the IlonaWorks –services and our website to the purposes described in these Terms.
However, as the user of IlonaWorks –services, you may download, present or print individual pages or parts of our IlonaWorks –services or our websites as proof of any agreements or orders/purchases that you have made with us or our partners via our IlonaWorks –services. The text “© Copyright [current year] Ilona Works Finland Oy – All Rights Reserved” must be clearly expressed on the file or print in question.
As a user of the IlonaWorks –service, you ensure that you have user rights to the IlonaWorks –service or the contents that you have sent or uploaded via the service (including documents, texts or pictures). You may not upload or send such material to IlonaWorks –services or via them, that is not yours or to which you do not at least have a right to use or publish. The same applies also to possible third party personal data, which you upload to or send via our IlonaWorks –services.
By sending or uploading any content to IlonaWorks –services or via them, you grant IlonaWorks a royalty free, eternal, transferrable, irrevocable and fully sublicensable right to use, copy, edit, alter, compile, share and publish said content in any media that are known now or appear later, in any country for any purposes. However, IlonaWorks never publishes or uses information defined as secret or confidential under the applicable laws, except where and to the extent allowed under applicable laws.
You (or the company you represent) are liable for defending IlonaWorks at your own cost against any and all claims, costs, expenses, compensations and damages if a claim is presented against IlonaWorks claiming, that the material you have sent or uploaded to the IlonaWorks –service or through it, infringes intellectual property rights of a third party or of your use of our IlonaWorks –services infringing the same.
5. Warranty
IlonaWorks –services are offered as is and as available from time to time. We do not warrant or in any way promise that the IlonaWorks –services function without interruptions or that they are completely error free, or that the IlonaWorks –services are suitable for any of your intended use purposes. We do not give any unambiguous or derived warranties for our IlonaWorks –services and we disclaim, to the extent allowed under applicable laws, any and all possible warranties as well as terms and conditions concerning them.
6. Limitation of liability
In accordance with what has been described above, the IlonaWorks –services merely enable you and other users to familiarize yourselves with the products and services our partners offer on the IlonaWorks –services. It also provides an opportunity for communication between our partner and users, for making enquiries and for ordering/purchasing services. IlonaWorks is not liable for the contractual relationship between the users and our partner nor for performing the services in accordance with such contractual relationship. IlonaWorks is neither liable for its partners’ or other person or party’s actions or failures regarding the services and products that the user has ordered/purchased. In all situation, the user’s (i.e. the company represented by the user) agreement is made directly with our partner and the partner’s terms and conditions are applicable to the order/purchase.
To the extent allowed under applicable laws, IlonaWorks is in no way liable for any losses or damages irrespective of whether they have arisen from your use of the IlonaWorks –services or directly from the IlonaWorks –services or their functionalities. IlonaWorks is in no case liable for any indirect, consequential or atypical damages irrespective of how such damages have been caused. To the extent IlonaWorks’ liability for damages caused cannot be completely excluded due to the obligations of mandatory laws, IlonaWorks’ aggregate total liability for such losses and damages is limited to one thousand euros (EUR 1000) under these Terms.
You (or the company represented by you) are obligated to defend IlonaWorks at your own cost against any and all claims, expenses, costs and claims for damages that are consequences of the use of IlonaWorks –services contrary to these Terms, the Privacy Policy and applicable laws.
7. Amendments to these Terms
We may update and amend these Terms from time to time. We inform you of changes to these Terms and request for your acceptance for the changes in the same manner as we have requested you to accept these Terms. If you do not accept changed to the Terms, you can no longer use our IlonaWorks –services.
8. Other terms and conditions
These Terms are governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions. Any dispute, controversy or claim arising out of these Terms that cannot be settled in mutual negotiations, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce in Helsinki, Finland. A dispute shall be solved by a sole arbitrator and the language of arbitration shall be Finnish. Notwithstanding the preceding sentences, claims for non-payment of monetary charges may be resolved in the district court of the respondent’s place of domicile if the respondent does not contest its payment obligation.
If IlonaWorks fails to refer to your breach of these Terms, IlonaWorks shall not be considered to have waived its right to refer to any equivalent future breaches.
If parts of these Terms are considered void or unenforceable, these parts are nonetheless applied to the fullest extent allowed under laws, and other parts of these Terms shall remain valid.
9. Contact details
If you have any questions about the IlonaWorks –services or these Terms, or if you have any remarks or comments, you can contact us (by phone, email or mail) by using the following contact details:
Ilona Works Finland Oy
Itälahdenkatu 22b
00210 Helsinki
Finland
Email: info@ilona.works