TERMS
Terms & Conditions
Read this carefully.
1. APLICATION OF THE TERMS
1.1
These terms (hereinafter Terms) are applied to the use of the Huutokauppa.com Internet service (hereinafter Service) offered and maintained by Ifonas AS (hereinafter Service Provider). To use the Service, you need to register. In registering with the Service, the user confirms that he has read these Terms and commits to abide by the Terms while using the Service. The Service works like an auction-type Net service where parties registered with the Service (hereinafter Seller) can list their wares (hereinafter Item) to be auctioned through the Service and the auction users (hereinafter User) can submit their bids for the Items. The trading in the Service takes place between the Users on terms mutually agreed between the Users of the Service, and the Service Provider is not party to the trading in any manner.
1.2
In addition to what it says in these Terms, the User commits to abide by any possible instructions given separately by the Service Provider or by the Service Provider and its contractual party in connection with the use of the Service. All valid Terms are available on the Internet where the Service is offered.
2. THE RIGHTS TO USE AND USER INFORMATION
2.1
In addition to what it says in these Terms, the User commits to abide by any possible instructions given separately by the Service Provider or by the Service Provider and its contractual party in connection with the use of the Service. All valid Terms are available on the Internet where the Service is offered.
2.2
The User receives a limited right to use these services in accordance with these Terms. The User does not have the right to download, publish, pass on or send on or use the Service or its contents or any parts thereof he has received, except in accordance with these Terms or as allowed by the Copyright Law. The User commits to keep the User Information up-to-date while using the Service.
2.3
The Service Provider has the right not to grant a right to use the Service if not all User Information is provided or if the information is insufficient or inappropriate or if the User, in other ways, does not meet the requirement set for granting the right to use the Service.
2.4
A User registering with the Service must be legally competent. A legal person can also register with the Service as a User. The legal person must have the competence to make decisions and commit to activities within the Service. Any given person can have only one User Name.
2.5
The Service Provider has the right to use the User Information for maintenance purposes in the Service, for providing information on the Service, for planning and developing the business operations of the Service as well as for statistical and market research. Furthermore, the Service Provider has the right to use User Information for direct marketing if the User has consented to it. The Users are registered in the customer register of Huutokauppa.com. Information on the register is available at the Internet site of the Service.
2.6
The Service Provider has the right to convey the User Information to the Seller in connection with the trading, in order to convey to the Seller information on the buyers who have submitted bids for the Item.
2.7
The Service can have additional services for a fee (hereinafter Paid Service). If there is a fee on the Service, that information is given in connection with the Service. To use the Paid Services, the User must pay the fee mentioned in connection with the Service. The User might be asked to pay a subscription fee as well as a fee based on the use of the Service, on the time or on some other considerations. The Service Provider can change the fee of the Service as well as the pricing policy of the Service and can change a cost-free Service to Paid Service and vice versa. Valid fees and pricing policy are available at the site of the Service.
3. THE DUTIES AND RESPONSIBILITIES OF THE SELLER
3.1
The User Name and password are user-specific and you are not allowed to pass them on or divulge them to a third party. The User is responsible for all use of the Service conducted using his User Name. If the password or the User Name comes to the knowledge of a third party, the User must notify the Service Provider of this without a delay (huuto@huutokauppa.com). The User is relieved of all responsibility for the unauthorized use of the Service with his User Name and password the moment his report is received.
3.2
The Seller and the User are responsible for all direct and indirect costs in the use of the Service.
3.3
In their use of these Services, the Seller and the User commit to abide by these Terms and by other rules and instructions for the use of the Service as well as by the law and good practice. The Seller is not allowed to offer Items in the Service which the Service Provider has prohibited.
3.4
You cannot use the Service to offer, list, or distribute material protected by a copyright, a trademark or other corresponding right, or in a manner which is harmful or offensive to the Service Provider, to other users of the Service, or to a third party. If the Seller submits photographic or video material to the Service, the Seller is responsible for having all the copyright and other rights to the material he sends.
3.5
The Seller commits to not sending, passing on, or downloading material in the Service which does not meet good practice or which is against the law, and to not prompting others to engage in such activity. The Seller also commits to not sending, passing on, or downloading material in the Service which is protected by a copyright, a trademark, or other immaterial rights unless he has specific authorization from the holder of the right.
3.6
The Seller and the User receive and use the Service at their own risk and are responsible for the acquisition, maintenance and relevant protection of devices, connections and software needed for the use of the Service.
3.7
In listing an Item, the Seller commits to describe it truthfully and adequately.
3.8
The Seller confirms and is responsible for having the right to sell the Items he has listed in the Service. The Service Provider is not responsible for Items sold to a third party without authorization.
3.9
The Seller is aware that a sales offer in the Service is always binding unless the Seller has announced something to the contrary. The Seller has the chance to announce a minimum price in the Service or, in other words, a sales offer with a price reservation. In such a case, the sales offer become binding only if the purchase offer exceeds the price reservation. The User is also aware that a purchase offer made in the Service is always binding when the purchase offer is made pursuant to the terms of the sales offer, within a specific time frame, and for a specific minimum price.
4. THE RIGHTS AND RESPONSIBILITY OF THE SERVICE PROVIDER
4.1
The Service Provider offers the Users of the Service a trading facility which, in principle, is available 24 hours a day. However, the Service Provider has the right to discontinue the Service or a part thereof on account of maintenance, installment, changes, law and order, overload or some other similar reason.
4.2
The Service Provider has the right to add, change, or remove parts from the Service as well as to change free parts of the Service to paid services or discontinue maintaining the Service partially or in its entirety. When conceivably possible, the Service Provider intends to provide information on changes and disruptions in the Service which are essential to the User and to do that in advance through the Service or in some other proper way it deems fit. The changes enter into force as soon as they are made.
4.3
The Service Provider does not give any direct or indirect guarantees on the functioning of the Service or on its features, or guarantee that the Service functions uninterrupted and faultlessly.
4.4
The Service Provider is not responsible for the contents or the correctness of the Service, apart from the information the Service Provider itself has produced. Thus, the Service Provider is not, among other things, responsible for the correctness of the User Information, for Items the Sellers have listed in the Service, for the faultlessness or lawfulness of the Items, for the correctness of the information provided by the Seller, or for whether the Seller/User is legally authorized to make sales or purchase offers.
4.5
The Service Provider is not a party to the auction. The trading in the Service takes place between the Sellers and the Users and the responsibility for the sale and its realization belongs to the Sellers and Users of the Service.
4.6
The Service Provider is not responsible for any damages or other injuries caused by erroneous or inadequate User Information to the Seller/User or a third party.
4.7
Under no circumstances is the Service Provider liable for direct or indirect damages which have to do with the Service or its use or for information or listings which are available through the Service. Neither is the Service Provider responsible for damages caused to the Seller/User or a third party by the use of the Service or by its malfunctions, technical faults, malware, links, or disruptions.
4.8
The Service Provider has the right to remove material from the Service which the Service Provider has prohibited in the Service or which, in view of the Service Provider, is against the law or good practice, is inappropriate, erroneous or harmful or detrimental to the Service Provider, the Seller, the User, or a third party.
4.9
The Service Provider has the right to remove a User from the Service who has acted against these Terms or against other Service-related rules and instructions or who has broken the law or good practice, and to prevent him from accessing the Service as a User.
4.10
The Service is protected by a copyright pursuant to Finnish legislation. The Service may contain material which is protected by a copyright, a trademark, or other immaterial rights. Without a specific written authorization from the Service Provider or the holder of some other right, the Seller/User does not have the right to pass on, publish, copy, make available or make commercial use of protected material unless provided by imperative legal provisions.
4.11
The Seller concedes the Service Provider all present and future economic rights to the Service for the material it has provided. The Service Provider can concede the said rights to another party and change or modify the material in the Service (incl. Items) as it deems fit and proper, for example, in order to prevent the abuse of the Service or Items. Independent of the Service Provider, the User retains his right to the material he has delivered in the Service. The commercial or other use of the material or listings appearing in the Service outside the Service by others than the User in question is forbidden unless specifically authorized by the Service Provider.
4.12
Recording customer calls: We record customer calls for internal training purposes.
5. CHANGING THE CONTRACT
5.1
The Service Provider has the right to unilaterally change the terms of the contract by notifying the Seller/User by email or through the Service. The changes enter into force fourteen (14) days after the notification. The Seller/User accepts the changes in the contract by using the Service.
5.2
Once notified of the changes, the Seller/User can terminate the contract by email or through the Service prior to the entry into force of the change.
6. VALIDITY OF THE CONTRACT
6.1
The contract enters into force when the Seller/User accepts the contract and the Service Provider grants the Seller/User the right to use the Service. If the Service Provider does not grant the Seller/User the right to use the Service, this contract does not enter into force for any of its parts.
6.2
The contract is in force until further notice. Both contractual parties can terminate the contract without a period of notice by email or through the Service without giving a reason for the termination.
6.3
The parties are relieved of their contractual obligations for the time or to the extent that their not meeting their contractual obligations is caused by a force majeure event. The failure in meeting the contractual obligations is justified by an event which prevents the party from meeting the contractual obligations and which arises after the contract enters into force and which is of unusual nature and has an impact on the matter, which is independent of contractual parties, and the consequences of which cannot reasonably be avoided or overcome. Such an event is, e.g., war, rebellion, requisitioning or commandeering, breakdown in energy supply, industrial action, fire, thunder storm or other natural phenomena or other similar or unusual events which are independent of the User or the Service Provider.
7. TRANSFERRING THE CONTRACT
7.1
The Service Provider has the right to transfer the contract to a third party if the transfer is necessitated by the sale of the Service or any part thereof or if the Service Provider is changed.
7.2
The Service Provider always has the right to transfer the contract to holding or subsidiary company of the same group.
7.3
The Seller/User does not have the right to transfer the contract, and the Seller/User is especially aware of the fact that the right to use the Service is User-specific and non-transferrable to a third party.
8. APPLICABLE LAW AND RESOLUTION OF DISPUTES
8.1
Finnish law applies to this contract and Finnish law is used to interpret the contract.
8.2
Any disputes between the Service Provider and the User are solved through amicable settlement. If no settlement is reached, the dispute will be resolved at the Helsinki District Court.