Terms and conditions of use of Wellmo service
Effective as of 16.1.2017.
These terms and conditions of use (“Terms and Conditions of Use”) apply to the use of websites produced by Mobile Wellness Solutions MWS Oy (Business ID 2502298-6), Lauttasaarentie 1 b 31, FI-00200 Helsinki, Finland (“MWS”), and of the Wellmo service (“Service”).
Registration to or use of the Service is construed as acceptance of these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, please do not proceed with registration and do not use the Service. The Terms and Conditions of Use constitute an agreement between yourself and MWS. This agreement defines both your rights and responsibilities and those of MWS regarding the Service. The agreement is established when you accept the Terms and Conditions of Use in the context of your initial registration to the Service or thereafter, at the latest when you start using the Service.
By accepting these Terms and Conditions you confirm that you are at least 14 years of age. If you are under 18 years of age or otherwise not legally competent to engage in binding agreements, please ask your parent or guardian to complete the registration to the Service on your behalf.
The protection of privacy and personal data is governed by the description of the data file (privacy statement) accessible in the Service. By accepting these Terms and Conditions of Use you verify that you have read and accepted the privacy statement.
2 Access to the Service
Once you have accepted these Terms and Conditions of Use, MWS will grant you limited access to use the Service for personal, non-commercial purposes. Unless explicitly stated otherwise in these Terms and Conditions of Use, you have no right to in any way use, copy, save, modify, transfer, distribute or make accessible to public your user account, the Service or part thereof or materials contained therein. A condition for using the Service is compliance with these Terms and Conditions of Use and reasonable guidelines issued periodically by MWS.
The terminal devices and connections required to use the Service (such as mobile network or internet connection) are not part of the Service. You are personally responsible for the acquisition, maintenance, and updating of such devices and connections and related costs. You are also responsible for using the devices and connections in a way that does not cause disruptions for MWS, third parties, or the Service.
You confirm that the information you have provided when registering to the Service and using the Service (including your name, age, and contact details) are accurate. The use of the Service requires that you have a user name and personal password or other method of identification (“Identifier”) approved by MWS. MWS has the right to choose, approve, and/or change the Identifier assigned to you.
You must protect the password required to use the Service and ensure that no one else has access to it. You have no right to disclose or transfer your Identifier to anyone else. If a third party has gained access to your password, or if you suspect that this may be the case, you must immediately notify MWS. You are responsible for all actions performed using your Identifier until you have notified MWS of a third party gaining access to the password, and MWS having subsequently had reasonable time to block the use of the Service with your Identifier.
MWS reserves the right to immediately and without notification block your access to the Service if you breach these Terms and Conditions or misuse the Service or subject the Service to an unreasonable burden. MWS reserves the right to prevent your access to the Service if it has reason to believe that you have undertaken illegal activities, or jeopardized the data security or privacy of other Service users, or if MWS has been notified of your password having been leaked to a third party.
3 Intellectual property rights
MWS (or its cooperation partners or licensors) own all rights to the Service and all materials held within the Service or transmitted through it including copyright, patents, trademarks, business secrets, and all other intellectual property rights (“Intellectual property rights”). No copyright to any material is established or transferred to you through the use of this Service, or through downloading material from the Service, or uploading or submitting material to the Service.
MWS and its cooperation partners reserve the right to use all materials, feedback, ideas, and other information you have submitted to, or through, or for the Service for their production of the Service and additional services provided by MWS and/or its cooperation partners.
4 Use of the Service
You are responsible for ensuring that your use of the Service, or the materials you upload or otherwise submit to the Service do not breach a) other parties’ intellectual property rights, privacy, publicity, or other rights; or b) any laws or ethical standards.
You may have access to log into sections of the Service that are subject to charge, and to order goods and services on offer through the Service using payment methods approved by MWS at any given time. These may include various products and services put on offer by MWS or its cooperation partners. You have no cancellation right once the delivery of the products or services has commenced. MWS is not in charge of content, products, or services provided by third parties. Complementary terms and conditions may apply to products or services provided in or through the Service, as well as to other materials contained in the Service.
Using the Service or parts thereof may be or become subject to charge. If MWS charges fees, customers will be specifically notified of this in the context of the Service.
5 Provision of the Service
MWS has the right to produce the Service in the way it considers most appropriate, including the right to modify the Service. You are personally responsible for any changes on your devices required by such modifications, as well as related costs. MWS strives to give customers reasonable advance notification of changes that significantly affect the use of the Service.
MWS reserves the right to suspend the Service if this is necessary for installation, modification, or maintenance work or if laws, regulations, or the authorities demand this or if there is another acceptable reason for such suspension. MWS strives to ensure that the suspension is as brief as possible. MWS reserves the right to discontinue the Service at its own discretion. MWS strives to give customers reasonable advance notification of a suspension or termination of the Service.
6 Liabilities and limitation of liability
The Service is provided ‘as is’ without any warranties. MWS does not warrant the Service’s uninterrupted and faultless operation. MWS is not responsible for the validity, accuracy, coverage, or reliability of information or other materials contained in the Service, or of content provided through it for other product or service characteristics. MWS is not liable for the content of any discussion boards or similar forums within the Service or annexed to it.
MWS is not responsible for damages caused by any delay, alteration, or loss of products, Services or other materials delivered through the Service. MWS is not responsible for damages caused by any interruption or disruptions, including information delays or alterations caused by technical malfunctions, maintenance work, or force majeure. MWS is also not responsible for damages caused by malware (viruses, worms etc.) or inaccurate Service content. MWS is not liable for damages caused by you or a third party.
MWS’s maximum liability in all cases is limited to the amount you have paid for using the Service or part thereof in the month immediately preceding an event that has led to a claim. MWS is under no circumstances liable for indirect, consequential, or unpredictable damages.
The agreement is valid for the duration stated or chosen by you in the Service or registration process . If the period has not been stated or chosen, the agreement is valid until further notice. MWS has the right to terminate the agreement or individual service sections at a month’s notice.
MWS also has the right to terminate or suspend the Service with immediate effect if you have failed to comply with your payment obligation or violated the Terms and Conditions of Use. MWS has the right to terminate the agreement with immediate effect if you have not used the Service for 12 months. Without restricting MWS’s right to modify or discontinue the Service, MWS will keep your Identifier and account in existence for a period of 24 months following your last visit to the Service.
MWS will not refund payments performed for the Service or for products or services purchased through the Service or other payments, unless MWS decides otherwise at its sole discretion.
Notifications to MWS must be submitted in writing to the address mentioned above. MWS may submit notifications related to this agreement within the Service, by email or text to an address that you have provided, or otherwise in writing.
9 Governing law and dispute resolution
This contractual relationship is governed by the Finnish law.
Any disputes arising from this agreement are primarily resolved through negotiations. If no settlement is reached, the case will be resolved by the Helsinki District Court.
10 Other terms and conditions
MWS may amend the Terms and Conditions of Use at any time without advance notification. If the Terms and Conditions of Use are significantly amended in a way that affects you unfavorably, MWS will notify you in advance of the amendment so that you may decide whether or not you wish to approve the new terms and conditions. If you do not accept the new terms and conditions, you can no longer use the Service and you must remove the Service from your mobile phone (or any other device on which you have installed the Service or on which you have used the Service). The removal of the Service means that you can no longer use the Service. It is your responsibility to check the Terms and Conditions of Use regularly. If you continue to use the Service, this is construed as acceptance of the modified Terms and Conditions of Use.
Should any clause in these Terms and Conditions of Use be considered illegal or invalid on the basis of the governing law, this will not affect the validity of other clauses; the invalid clause will be replaced by a valid clause, which will, as far as possible, implement the purpose and commercial aim of the original clause.