Terms and conditions of use
This agreement covers the terms and conditions of use of the Gofinland.fi online service ('the Service'), provided and maintained by Alma Mediapartners Oy.
The subject of this agreement is the Gofinland.fi online service ('the Service'), which is maintained by Alma Media and can be used (e.g., accessed, viewed, and browsed) in accordance with this agreement. Online services may include online publications, online communities, e-mail services, Internet connections, services used for conveying supply and demand information, and corresponding services.
The user must read these terms and conditions carefully before starting to use the Service. By accepting these terms and conditions or using the Service, the user undertakes to follow the terms and conditions in their entirety. The user must not use the Service unless he or she accepts the terms and conditions of use.
2. CONTRACTING PARTIES
This agreement is applied in the contractual relationship between Alma Media Oyj's subsidiaries, associated companies, and affiliates and the customer concerned, with regard to the customer's right to use Alma Media's Gofinland.fi online service.
A customer ('the Customer') is a juridical or natural person with the right to use the Service in accordance with this agreement.
'Alma Media' (also 'ALMA MEDIA' or 'the Service Provider') refers to Alma Media Oyj's subsidiaries, associated companies, and affiliates. Here, 'affiliate' refers to a company or joint venture in which Alma Media Oyj or one of its subsidiaries or associated companies is significantly involved in terms of ownership or service implementation.
Material ('the Material') is any material included in the Service in any format, such as articles, postings, images, advertisements, sales brochures, drawings, and sound files. The Material may be provided by the Service Provider, the Customer, or a third party.
The system ('the System') includes the equipment, servers, and software with which ALMA MEDIA maintains the Service.
An item ('the Item') is a rental holiday home, activity, or other product or service that The Customer offers via Gofinland.fi.
4. ENTRY INTO FORCE OF THE AGREEMENT
5. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF THE CONTRACTING PARTIES
5.1 Customer's rights, responsibilities, and obligations
In addition to other rights, responsibilities, and obligations mentioned in this agreement, the Customer has the following rights, responsibilities, and obligations.
5.1.1 Customer's rights
18.104.22.168 Customer's right to use the Service
The Customer is entitled to use the Service in accordance with the terms and conditions of this agreement and for purposes in accordance with good practice. The Service may provide the Customer with access to services that are the responsibility of other content producers and service providers and whose use may require acceptance of different terms and conditions. The Customer is entitled to make one copy of the Material for the purpose of using the Service. The Customer is entitled to use the Material only privately and for personal purposes. All commercial use of the Material is prohibited without ALMA MEDIA's specific written permission.
22.214.171.124 Customer's username and password
Upon registration for the Service, the Customer receives a personal username and password. The Customer undertakes to keep these safe and not disclose them to others. It is the Customer's responsibility to guard the username and password from third parties. The Customer is responsible for all use of the Service with his or her username and password.
126.96.36.199 Customer's right to register
Only actual juridical or natural persons are entitled to registration as a customer. A natural person must be at least 15 years of age to register for services subject to a charge. Persons who are under 18 years of age or otherwise not legally competent are entitled to purchase services only with their guardian's consent or if the transaction is not unusual in the circumstances, is of little consequence, or is made with money earned by the person through his or her own work.
188.8.131.52 Customer's right to report errors
The Customer is entitled to make an appeal, regarding an error in the Material he or she has delivered, in writing to the Service Provider within 14 days of when the Customer noticed or should have noticed the error.
5.1.2 Customer's responsibilities and obligations
184.108.40.206 Customer's responsibility for equipment, use, etc.
The Customer is responsible for the acquisition and condition of the equipment, connections, and software needed to use the service and for ensuring that these do not cause harm, disturbance, or damage to the Service Provider or other users of the Internet. Any equipment and software that cause harm, disturbance, or damage must be disconnected immediately. The Customer must ensure that he or she does not cause disturbance to other users or infringe the rights of other users, the Service Provider, or third parties while using the Service.
220.127.116.11 Customer's responsibility regarding intellectual property infringement
The Customer undertakes not to save, distribute, send, or convey information on the Service that is against the law and/or good practice or induces or promotes such activities. The Customer is responsible for not saving, distributing, sending, or conveying Material on or through the Service that is protected by copyright, trademark, and other intellectual property laws, except with the author or right-holder's permission. The Customer is responsible, at his or her expense, for any disputes and related costs and compensation expenses associated with such material he or she has made available online. The Customer is also responsible to have permission to use and publish the material from the people appearing in it.
18.104.22.168 Customer's responsibility for payment
The Customer is responsible for all of his or her user charges for the Service as well as related claims and charges to a third party (e.g., Internet and phone charges).
22.214.171.124 Other terms and conditions related to the Customer's responsibilities and obligations
The Customer is responsible for ensuring that the Items he or she offers for rent on or through the Service are not against the law and/or good practice and that he or she has the right to conduct these activities.
The Customer is responsible for ensuring that the information about the Items he or she offers through the Service is correct and that the Items are available for renting. The Customer is obliged to make any appropriate updates to the Item information immediately.
The Service contains Material protected by copyright, trademark, and other intellectual property laws. The Service itself is protected by copyright in accordance with the Finnish Copyright Act.
The Customer must not sell, convey, or otherwise hand over the Service or any parts of it. The customer may only use the Material he/she has produced as part of other services.
The Customer grants the Service Provider the right, during or after the validity period of this agreement and free of charge, to edit, copy, or publish or otherwise make available to the public any Material that the Customer has made available on the Service. The Service Provider has the right to alter the Material and grant the (Service Provider’s) rights of this agreement to third party.
The Customer is under responsibility to ALMA MEDIA and/or directly to any party whose rights the Customer has infringed for any misuse and activities that are not in compliance with the law and/or this agreement.
The Customer must not include the Service or any parts of it on his or her home page or link to the Service for commercial purposes without ALMA MEDIA's written permission.
The Customer must immediately notify the Service Provider of any name and address changes.
At the end of the contractual relationship, the Customer shall undertake to return or dispose of all Material received from the Service Provider as separately agreed with the Service Provider.
The Customer is responsible for the correctness of the information he or she delivers to the Service.
The Customer has acknowledged that while ALMA MEDIA provides the Service it is not any kind of a travel agency as it is described in the travel laws of Finland (valmismatkalaki (1079/1994)). The Customer can’t claim any arguments against ALMA MEDIA regarding this law. The Customer is responsible for their own liabilities as travel agency, if the Customer is seen as one under the aforementioned laws.
126.96.36.199 Data security
The Customer acknowledges that the Internet as an operating environment may cause deficiencies in the operation of the Service and the System and that data security is a risk inherent in information systems. The Customer has the sole responsibility for appropriate protection of the Customer's computer, information system, and related information technology.
5.2 ALMA MEDIA's rights, responsibilities, and obligations
In addition to other rights, responsibilities, and obligations mentioned in this agreement, ALMA MEDIA has the following rights, responsibilities, and obligations.
5.2.1 ALMA MEDIA's rights
188.8.131.52 Temporary protective measures
The Service Provider is entitled, but not obliged, to check, change, or deny the publication of Material that it considers inappropriate, particularly if the Material is against the law, good practice, or marketing regulations. The Service Provider is entitled to prevent the Customer from using the Service until further notice if the Service Provider has reason to suspect that the Service is being used in a manner counter to these terms and conditions, the law, or good practice, or if requested by competent authorities to do so.
184.108.40.206 Right to gain information regarding services subject to charge
As regards services subject to charge, the Service Provider is entitled to check the Customer's credit rating and, at its discretion, demand a reasonable advance payment or security deposit from a customer acting as an entrepreneur. From a customer that is a juridical person, the Service Provider may demand the business ID or a corresponding ID number. To ensure fulfilment of the Customer and Service Provider's rights and obligations, the Service Provider may request the personal identity number of invoicing customers who are natural persons.
220.127.116.11 Right to change the Customer's login information
The Service Provider is entitled to change the Customer's username, password, or other information required for or related to using the Service if these cause discrepancies or overlaps in the Service Provider's information systems.
18.104.22.168 Service Provider's right to modify the contents of the Service
The Service Provider is entitled to provide the Service in the manner it deems best and to change the contents of the Service. Any essential changes are announced reasonably well in advance on the Service's Web site or posted to the Customer's invoicing or e-mail address. The obligation to announce changes does not apply to technical changes such as equipment or software updates.
22.214.171.124 Service Provider's right to interrupt the Service
The Service Provider is entitled to temporarily interrupt the Service if this is required by changes or updates to the Service or its technical properties; for installation, modification, or maintenance work performed on the public telecommunications network; by laws or regulations; by orders, instructions, or statements from the relevant authorities; or according to recommendations from important organisations in the field. The Service Provider strives to prevent interruption from being unnecessarily long and to keep the inconvenience to a minimum. The Service Provider strives to announce any interruptions in advance.
5.2.2 ALMA MEDIA's responsibilities and obligations
126.96.36.199 Responsibility for content and third party services
The Service Provider is responsible for ensuring that the editorial content it provides for the Service is in accordance with the law. While the Service Provider strives to keep the quality of the Service as high as possible, it cannot in any way guarantee the operational reliability of the Service, any data product or other service related to the Service, or any other services accessible through the Service.
The Service Provider is not responsible for any third party services and their errors or other reasons that might cause the Customer any expenses or inconveniences.
The Service Provider is not the owner, landlord or producer of any Item, only the owner of the Service that can be used to search, compare, reserve or buy the Items. The Service Provider is not a subject in any agreement done between the Client and the party providing the Item and is not responsible for any payments between the Client and the party providing the Item.
188.8.131.52 Liability for damages
For services that are free of charge, the Service Provider cannot be held liable for any direct, indirect, or other damages caused by use of the Service or sites linked to it, including loss of income, interruption of business, or loss of software or saved information, even if the Service Provider has been informed of the possibility of such damages.
For services that are subject to charge, the Service Provider is liable only for direct damages it has caused to the Customer that are due to negligence. The maximum amount of the Service Provider's liability is that of the charges the Customer has paid for the Service in one month.
184.108.40.206 Responsibility for information included in the Service and products on sale
The contents of the Service are provided 'as is'. The Service Provider accepts no responsibility for the accuracy or reliability of information included in the Service or accessible through the Service or for the correctness of Items, services, or related information offered through the Service.
220.127.116.11 Responsibility for operability of the System
The Service Provider accepts no responsibility for the operability of the System or for interruptions, telecommunications problems, or related transformation or loss of data, etc., caused by technical faults, maintenance, or installation work. For its part, the Service Provider strives to cause no disturbance to the Internet.
18.104.22.168 Correction of faults and disturbances
The Service Provider shall correct any faults and disturbances in the Service during normal working hours, as soon as possible after being notified of the fault or disturbance.
22.214.171.124 Data security
The Service Provider strives to ensure that the Service meets reasonable data security requirements but does not assume responsibility for any damage to the Customer caused by faults in, or risks to, data security, such as computer viruses.
5.3.1 Photography service
ALMA MEDIA provides photography service for Clients who use the Service as a private person. This requires the Client to register to the Service. ALMA MEDIA will inform about the prices and other terms of the photography service in the user agreement and in the Service.
Photography service is available only in Finland and individual Items are photographed only once. ALMA MEDIA will commit to provide the Client only one photography session regardless of weather conditions, other circumstances and the condition of the Item at the time of photographing.
ALMA MEDIA will add the images to the Item and the Customer must keep them in the Service unless there is a good reason to remove the images. ALMA MEDIA can add a watermark to the images and the Customer can not remove the watermark.
The Customer has the rights to use the images as they will, but the Customer can not edit the images. ALMA MEDIA has all the rights to the images, including the right to edit and hand the rights over to third party.
6. ADVERTISEMENTS AND POSTINGS
The publication of advertisements and postings via ALMA MEDIA's media is subject to the Service Provider's terms and conditions in force at each time of publication. The party placing the advertisement/posting must follow the basic international rules for advertising that are valid at the time.
Every effort is made to publish the advertisements/postings on the agreed dates. However, if an advertisement/posting cannot be published and the reason is related to production or other operations or is attributable to the Customer, a third-party content provider, or a third-party service provider, ALMA MEDIA accepts no responsibility for any damages thereby incurred.
ALMA MEDIA's liability for the omission of an advertisement/posting or an error in the publication is limited to the charge paid for the advertisement/posting at maximum.
Any complaints must be made within eight days of the publication or intended publication of the advertisement/posting.
7. SERVICE CHARGES
For a user seeking holiday accommodation or activities, the Service is free of charge for the most part. The potential reservation or booking charges of the Customer are charged when the Customer makes a reservation to the party providing the Item. However, the Service Provider reserves the right to start charging a fee for all or some of the free-of-charge contents of the Service at any time.
After accepting this agreement, the Customer may select the desired free-of-charge services and start using them without payment. If the Customer is about to start using services subject to charge, this is indicated clearly in the Service.
For services subject to charge, the Customer shall pay a subscription fee (if applicable) and a service fee in accordance with the current price list or an agreement between the Service Provider and the Customer.
100 Percent Guarantee is limited to flats and apartments. Plots, garages or storages are excluded from the guarantee.
The Service Provider is entitled to change the pricing and the grounds for payment. The Customer shall be notified of such changes at least three months in advance via a letter enclosed with an invoice, by means of a Web page related to the Service, or by e-mail. If the Customer terminates the agreement as a result of a price change, the new terms and conditions shall not be applied during the termination period. Cost increases caused by laws, regulations, or authorities' actions shall increase the prices immediately when they come into force.
The Customer must pay the invoices sent by the Service Provider by the due date. If payment is delayed, the Service Provider is entitled to charge penalty interest in accordance with the law. The Service Provider is entitled to charge the customer for separate requests for payment. If the Customer has not paid the invoice by the due date, the Service Provider is entitled to prevent the Customer from using the Service.
Parts of the Service that are subject to charge and are offered to a consumer customer are in accordance with Chapter 6, Section 16, Subsection 1 of the Consumer Protection Act (20.1.1978/38); i.e., they are services to which the right of withdrawal in distance selling, specified in Chapter 6, Section 14 of said act, are not applied. When using parts of the Service that are subject to charge, a consumer customer receives notification that the right of withdrawal shall not be applied, in accordance with Chapter 6, Section 13 of the Consumer Protection Act.
8.1 Processing of information
8.1.1 Recording of information
The Service Provider records the personal information provided by the Customer upon registration in the customer database and service-specific registers. In addition, use of the service generates information about customers on the basis of which an individual customer cannot be identified (non-identifying information). Non-identifying information may be used for statistical purposes. The Service Provider may record other Customer information as well, of which the Customer shall be informed when the information is collected. Some of the information the Service Provider requests in the Service is conveyed directly to parties offering Items that have the right to process the information; the Customer shall be informed of this when requested to provide the information.
8.1.2 Use of information
The information is used and processed for purposes related to the Service. Information provided by the Customer in the Watchdog Service may be delivered to parties offering Items involved in the Service. Information provided by the Customer in an Application is delivered only to parties offering Items that are accepted by the applicant. In addition, the information will be used statistically for research purposes; for the direction of advertising by ALMA MEDIA and/or its partners, advertisers, etc. via ALMA MEDIA's media and services; and for direct marketing. The storage and processing of Application information delivered to parties offering Items selected by the applicant are the responsibility of the parties offering Items, in accordance with their practices. ALMA MEDIA is only responsible for their own use of Customer information.
8.1.2 Cookies and similar technologies
Cookies and similar technologies are used i.e. to implement services subject to charge reliably and securely, to help the Customer by saving the services and settings the user has previously used and to show meaningful content and advertising to the Customer.
8.2 Customer's rights
8.2.1 Right to check the information
Customers included in the register are entitled to check their information in the register. The registrar is Alma Mediapartners Oy, P.O. Box 327, FI-33101 Tampere, Finland. The request to check the information must be delivered to the registrar by means of a personally signed or similarly authenticated document or made in person at the registrar's office.
8.3 Consent to processing of personal information
By accepting the terms and conditions of this agreement, the Customer gives ALMA MEDIA unequivocal consent to process and use the personal information covered by this part of the contract.
8.4 Secure data transfer
The Application is sent to parties offering Items accepted by the applicant over an SFTP connection. The SFTP connection protects the data and ensures that it is safe, secure, and available only to parties offering Items selected by the applicant.
8.5 Storage of information
Information provided in an Application shall be stored in the Service for a maximum of six months from the date the Application was made. The applicant can remove his or her Application from the service at any time.
9. RIGHTS TO MATERIAL
9.1 Material produced by Alma Media and other Material to which the Service Provider has rights
All proprietary and other rights (including copyright and other intellectual property rights) to the Material produced by ALMA MEDIA belong to ALMA MEDIA.
Material produced by ALMA MEDIA must not be published, conveyed, made available to the public, distributed, copied, transferred, modified or used as a part of other services in any way without ALMA MEDIA's prior written consent.
9.2 Material sent by the Customer
ALMA MEDIA shall keep Material delivered by the Customer (e.g., item and advertising material) for a maximum of 15 days from the date of delivery, after which ALMA MEDIA is entitled to dispose of the Material provided by the Customer unless there is other agreements for it.
9.3 Use of the Material in the Service Provider's services
Material saved in the Service becomes part of ALMA MEDIA's electronic databases without any compensation and may be published as part of the databases and be made available to the public.
ALMA MEDIA is entitled to publish Material saved in the Service or parts of it and make it available to the public in ALMA MEDIA's newspapers, other print products, and/or other electronic media, or to edit the material according the good practice and to hand their rights to the material to third party.
10. FORCE MAJEURE
The following circumstances must be considered force majeure if they prevent the fulfilment of contractual obligations or make it unreasonably difficult: labour conflicts and all other circumstances that the contracting parties cannot influence, such as unexpected changes in labour, fire, war or mobilisation, requisition, confiscation, exchange restrictions, mutiny, power cuts, and telecommunications and/or Internet traffic failure. The contracting parties are freed from their obligations and liability for damages for the duration of the force majeure.
The existence, cause, and ending of a force majeure situation must be immediately communicated to the other contracting party by e-mail or otherwise in writing. The Service Provider may announce a force majeure situation also on a Web page related to the Service.
11. TERMINATION OF THE AGREEMENT
Each contracting party is entitled to terminate this agreement if the other party can be considered to have breached the agreement in a significant manner and has not corrected its actions as required by the agreement within a week of receiving written notice. ALMA MEDIA is entitled to terminate this agreement with immediate effect if the other contracting party has been wound up or is in bankruptcy, reorganisation, liquidation, insolvency, or disorder, or if there is a disruption in payments from the other contracting party to ALMA MEDIA.
12. TRANSFER OF THE AGREEMENT
ALMA MEDIA is entitled to transfer this agreement and the rights and obligations based on it to another company in its consolidation group or when the Service or the business regarding the Service is transferred. The Customer is not entitled to transfer the agreement to a third party.
13. AMENDMENTS TO THE AGREEMENT
Any individual agreement terms and conditions deviating from these terms and conditions must be agreed upon in writing. The Service Provider is entitled to unilaterally amend the agreement's terms and conditions, with the amendments taking effect when the Service Provider posts the information on a Web page related to the Service and the amended terms and conditions have been available via the Service for a week. If the Customer does not accept the amendment, he or she must inform the Service Provider of this within a week of the amendment becoming effective. If a consumer customer terminates the agreement because of amendment, the new terms and conditions shall not be applied during the termination period. After the term of notice, the Customer's right to use the Service will expire and the Customer's username will be cancelled. The Customer's use of the Service after having been informed of amendments will be regarded as acceptance of the amendments.
14. VALIDITY OF THE AGREEMENT
This agreement is valid until further notice. It may be terminated on one month's notice unless otherwise agreed. Notice must be given by e-mail or in another written form. The Service Provider may terminate the agreement also by posting notice thereof on a Web page related to the Service.
When the agreement is terminated, the rights to use the Service and any Material related to it according to this agreement will expire. The terms and conditions concerning the responsibilities according to this agreement will remain effective even after termination.
15. AREA LIMITATIONS
Those services subject to charge are mainly intended for users in Finland. In addition, these terms and conditions allow the use of services subject to charge from within the Nordic region and other European Union member states. The use of services subject to charge from other countries requires a specific, separate agreement between the Service Provider and the Customer.
The laws of Finland govern this agreement. Any disputes arising from the agreement will be resolved primarily through negotiation. However, if the dispute cannot be settled via negotiation, the dispute will be submitted to ordinary court proceedings, with the District Court of Helsinki as the court of first instance. A consumer customer is entitled to take legal action in the general court of first instance whose judicial district includes the Customer's domicile in Finland. A consumer customer is also entitled to file a complaint with the Consumer Disputes Board to resolve the dispute.
Alma Mediapartners Oy