BookIT Finland Ltd – Terms and conditions for online and mobile services

Last updated May 23rd, 2018

1. SCOPE OF TERMS

1.1 These Terms and Conditions (hereinafter referred to as "Terms of Use") shall be subject to online and mobile services offering discounts and purchase benefits (hereinafter referred to each a "Service") that are produced and maintained by Bookit Finland Oy (hereinafter referred to as "Service Provider"). The Service is available online and as a mobile service. Users of the Service (hereinafter referred to as "User") may receive offers from partners of the Service Provider to purchase products and services that Users can also order and pay for through the Service.

1.2 When User acquires a product or service through the Service, the sales transaction takes place between the User and the provider of the product or service (hereinafter "Supplier"). Supplier is solely responsible for delivering a product or a service to the User as well as the accuracy of the product or service and features including defects and errors in the product or service. Service Provider is not responsible for these.

1.3 When registering into the Service or otherwise using the Service, the User declares having read these Terms of Use as well as Privacy and Data Protection instructions and agrees to comply with all aspects of the Terms of Use. Current Terms of Use are available in connection with the Service.

1.4 In addition to these Terms of Use, the User agrees to obey separately issued instructions by the Service Provider or its contractual partners of using the Service and to obey instructions arising in connection with using the Service.

2. REGISTRATION TO THE SERVICE AND USER DATA

2.1 User is permitted to use the Service under these Terms of Use, as well as other rules and guidelines relating to the Service. If the User registers himself or herself as a member of the Service, he or she must provide the required information (hereinafter referred to as "User Information") on the registration form. User is responsible of the validity of the User Information. User shall keep for his/her own User Information up to date. Any identification data of the User is not stored if he or she does not register into the Service (please see Service Provider’s Cookie policy).

2.2 A natural person can register as a User of the Service. The natural person must be plenipotentiary.

2.3 The Service Provider shall have the right not to grant the right of use as long as all the User Information is not given, the data is entered incorrectly or inappropriately, or the User does not otherwise comply with the conditions.

3. PERMIT TO USE AND RIGHTS FOR THE SERVICE

3.1 User is granted a restricted right to use the Service for personal use under these Terms of Use. User does not have a right to copy, record, publicly present, transmit, retransmit or use the Service or contents or part of it, otherwise than described in these Terms of Use, as well as under the applicable copyright legislation.

3.2 User has the right to print or save to his/her computer, or other similar electronic device capable for recording, pages or parts of pages of the Service for his/her own private use. Printing or storing of pages or parts of pages of the Service for commercial or other similar purposes is prohibited. The User also has the right to place a link to the home page of the Service on his/her websites. Via the link the Service should be opened in a new blank window without frames. Any other linking is allowed only through Service Provider's prior written consent.

3.3 All copyright and other intellectual property rights are rights of the Service Provider or its contractual partners. The Service is protected under the Finnish copyright law. The Service may also include material that is protected by copyright, trademark or other intellectual property rights. User has not a right to distribute, publish, copy, make available to the public or otherwise commercially exploit the material of the Service unless allowed under these Terms of Use or to the extent permitted by compulsory law. User does not have a right to produce a new service from the Service or part of the Service.

4. USER RIGHTS AND RESPONSIBILITIES

4.1 User has a right to use the Service under these Terms of Use.

4.2 User is responsible for any type of use of the Service that is made with his/her user data. In an event User Information has ended up to a possession of an external party User shall immediately inform Service Provider for the incident. User shall be relieved of a use that has happened without User’s contribution after the Service Provider has received information of the incident and the Service Provider has had reasonable time to prevent the use of the Service for that user and related User Information.

4.3 User is responsible for acquiring and maintaining all software; hardware and communications required using the Service as well as all direct and indirect costs ensuing from the Service.

4.4 User agrees to behave according to all the aspects in use of the Service included in these Terms of Use, other rules and guidelines of the Service, as well as the law and good practices. User also undertakes to obey the rest of the set of rules and guidelines of the Service.

4.5 User is liable for the damages to the Service Provider and directly to third parties for any Service related acts in abuse of the law, contrary to contract or these Terms of Use.

5. SERVICE PROVIDER'S RIGHTS AND RESPONSIBILITIES

5.1 The Service is, in principle, available 24 hours a day, seven days a week. The Service Provider has the right to temporarily remove the Service or part of it for maintenance, installation, modification, system overload or other similar reason.

5.2 Service Provider shall have the right to add, modify and delete parts of the Service, and to amend sections of the Service currently free of charge to chargeable, or discontinue maintenance of the Service partly or in its entirety. Service Provider will endeavor to inform Users in advance of relevant changes and interruptions in the Service through the Service or other appropriate way. In other than those described in paragraph 7.1, the changes will take effect as soon as they have been implemented.

5.3 The Service is provided, and the content of the Service is presented, always “as it is” and “as available”. The Service Provider does not provide any guarantee nor is not responsible to the User of correct operation of the Service or its features. The Service Provider is not responsible for the content of the Service or its accuracy with the exception of the content that is provided by the Service Provider itself.  The Service Provider is not responsible for either the accuracy of links leading outside the Service or the content outside of the Service. Other instructions than the instructions for Use of Service provided by the Service Provider in connection with the Service are intended only as a guide. The Service Provider is not responsible for the content or its accuracy, or any damages caused by a compliance of using such content. The Service Provider is not responsible for the content or its accuracy provided by Suppliers or other partners of the Service, or any damages caused by a compliance of using such content.

5.4 The Service Provider shall not be liable for any damage or other disadvantages or losses which are caused to the User or third party by inaccurate or insufficient User Information, nor is it under any circumstances be liable for direct or indirect damages related in some way to the Service or the use of Service, or any information or messages that are available via the Service. The Service Provider is not responsible for any damage caused by the use of the Service or the presence of malfunctions, technical failures, malicious software, links or breaks for the User or third parties.

5.5 The Service Provider has the right to remove a User from the Service in case the User breaches any provision of these Terms of Use or other rules and regulations, or the laws or good practices and prevent him/her to use the Service in the future.

6. PROCESSING OF PERSONAL DATA AND COOKIES

6.1 The Service Provider processes the personal data of registered Users according to the Privacy and Data Protection Policy of the Service and the Finnish privacy legislation. The Service uses cookies. Privacy, Data Protection and Cookie Policy can be read behind the respective links of the Service’s website.

7. CHANGES IN TERMS OF USE

7.1 Service Provider shall have the right to unilaterally amend the Terms of Use. Service Provider strives to inform any amendments by notifying the User by e-mail or through the Service. The changes will take effect at the time given by the Service Provider. User accepts the changes in Terms of Use by continuing to use of the Service.

8. TRANSFER OF SERVICE

8.1 The Service Provider, at its own discretion, has the right to transfer the Service and its maintenance as well as the related customers at each time within a company in the BookIT Group or a third-party company.

8.2 The User may not assign its rights and responsibilities, even at any part, to a third party of these Terms of Use. User acknowledges that the Right of Use is particularly personal, and it cannot be transferred to a third party.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 These Terms of Use and construed in accordance with the laws of Finland, excluding choice of law provisions.

9.2 Disputes between The Service Provider and User are primarily intended to resolve amicably by negotiation. Where no agreement is reached, the disputes shall be settled in the Helsinki District Court.