TERMS OF USE – HKSCAN

Updated: 12.12.2019

Please read these Terms of Use carefully before accessing or using HKScan’s website www.hkscan.com and/or any other website and service provided by HKScan (jointly the “Services“). The Services are offered to you conditioned upon your acceptance (without modification) of any and all terms, conditions and notices set forth below (the “Terms of Use“).

These Terms of Use contain information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By using any of the Services, you agree to be bound by these Terms of Use. If you do not wish to be bound these Terms of Use (or any future updated version of these Terms of Use) you may not access or use any of the Services.

1. GENERAL

1.1 The contractual relationship between you as a user (hereinafter “you” or the “User“) and HKScan Oyj or an affiliate entity owned or controlled by HKScan Oyj (hereinafter jointly and separately “HKScan“, “we“, or “our“) on your access and/or use of any of the Services is governed by these Terms of Use. For the sake of clarity, these Terms of Use shall apply for the benefit of any affiliate entity owned or controlled by HKScan Oyj when you are using the Services provided by any such affiliate entity.

1.2 By accessing or using any of the Services, you acknowledge and confirm your full acceptance of these Terms of Use and that you understand the rights, obligations, terms and conditions set forth herein.

1.3 As a condition of your use of and access the Services, you hereby represent and warrant that (i) all information supplied by you via the Services is true, accurate, current and complete and (ii) you possess the legal authority to enter into these Terms of Use and to use the Services in accordance with all terms and conditions herein.

1.4 You acknowledge that you are at least 13 years of age and that if you are between the ages of 13 and 18, your legal guardian has reviewed and agreed to these Terms of Use, and has consented to your access and use of our Services.

1.5 If you do not fully understand, agree and comply with these Terms of Use, or if you are unable to enter into legally binding contracts (for example if you are under 18 and have not obtained your legal guardian’s consent), you may not access or use the Services.

2. USE OF THE SERVICES

2.1 We recommend that you contact your internet service provider and mobile operator to verify the fees and charges you may incur when using our Services. You are solely responsible for any fees and charges for internet traffic and data usage that you may incur when accessing and using our Services.

2.2 At all times and at HKScan’s sole and absolute discretion, HKScan reserves the right to deny access to any of the Services. Furthermore, the content and feature of the Services may be adapted or have different availability depending on your location and the information provided in your user profile. For example, certain content will only be available for and accessible to users at a certain geographic location or fulfilling certain criteria set by HKScan or one of our affiliates.

2.3 You are responsible for ensuring that your use and access of any of the Services at all times complies with these Terms of Use and any directions and instructions provided by HKScan from time to time.

2.4 When you access or use the Services (or parts thereof) you represent and warrant that you will not:

(a) breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations or third party rights;

(b) gain access (or attempt to gain access) to any area where you do not have a right or permission to be;

(c) engage in (or promote) any discrimination, racism, hatred, harassment, bullying, bigotry or inappropriate action against any individual or group of individuals;

(d) post any false, unlawful, inaccurate, misleading, deceptive, pornographic, obscene, vulgar, offensive, fraudulent, defamatory or libelous content;

(e) interfere with or try to manipulate any scoring, rating or feedback function in the Services;

(f) distribute or post spam or unsolicited electronic communications;

(g) distribute viruses, malicious software, use any worms, Trojan horses, cancelbots, spyware, corrupted files, time bombs, robots, scrapers, spiders or any other automatic means to access, damage, disrupt or interfere with the Services for any reason;

(h) modify any file or any other part of the Services that HKScan does not specifically authorize you to modify;

(i) collect information about other users without their consent;

(j) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(k) frame, mirror or otherwise incorporate any part of the Services into any other website, software or service without our prior written authorization;

(l) bypass, circumvent or interfere with any technical measures used by HKScan to provide the Services; or

(m) impersonate another person or falsely imply that you are an employee or representative of HKScan.

2.5 If you (in HKScan’s view) act in breach of these Terms of Use or otherwise abuse any of the Services, HKScan reserves the right to (i) limit, suspend and deny your access to the Services; (ii) remove your User Generated Content (as defined below in Section 3.1);] (iii) take technical and/or legal steps to prevent further use of the Services; and (iv) terminate your user account.

2.6 Please note that there may be times when the Services (or parts thereof) are unavailable due to technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).

3. USER GENERATED CONTENT

3.1 Please be aware that you are solely liable for any postings, images, comments, suggestions, ideas, data, videos, information, details, text, communications and other material published or submitted via the Services, or otherwise provided by you to HKScan (jointly ìUser Generated Contentî).

3.2 By providing, publishing and/or disclosing User Generated Content, you represent and warrant to HKScan that you have the ownership rights and/or that you have obtained all required licenses and permissions from any necessary parties, to use the User Generated Content and grant HKScan the rights to use User Generated Content (and parts thereof) as specified in these Terms of Use.

3.3 You are in the best position to determine whether your User Generated Content risk violating any third party rights, including that all necessary consents have been obtained from individuals depicted in User Generated Content. Therefore, you hereby agree to defend and hold HKScan harmless from and against any and all third party claim arising out of or relating to HKScan’s use, disclosure or publication of User Generated Content as contemplated by these Terms of Use.

3.4 By providing, publishing and/or disclosing User Generated Content, you hereby grant to HKScan and its affiliates a global, non-exclusive, sub-licensable, royalty free license to use, edit, reproduce, modify, disclose, distribute, create derivative works from and/or publish such content in any of the Services. You hereby also expressly grant to HKScan a global, non-exclusive, royalty free license to use the User Generated Content in its marketing. HKScan reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use or otherwise make User Generated Content available. Notwithstanding the aforesaid, any use of User Generated Content by HKScan shall always take place in accordance with the restrictions set out in applicable laws, such as consumer protection laws and data protection laws.

3.5 HKScan does not edit or control User Generated Content posted to or distributed via the Services, and will not be in any way responsible or liable for User Generated Content. With that said, HKScan reserves the unlimited right to delete and remove any and all User Generated Content that, in HKScan’s view, is in breach of the Terms of Use and/or applicable laws, rules or guidelines.

3.6 You acknowledge and agree that you rely on User Generated Content provided by other users at your own risk and that HKScan expressly disclaims any liability for User Generated Content.

4. LICENSE

4.1 The User’s right to use the Services is subject to the User’s continued compliance with these Terms of Use and applicable third party terms and conditions.

4.2 The User may not copy, modify, change, reverse engineer or disassemble the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material. You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of the Services.

4.3 The User may not lend, rent out or otherwise permit anyone else to make use of or otherwise dispose of the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material.

4.4 Any of HKScanís intellectual property (including but not limited to trademarks, trade names and other signs), included or referenced in any of the Services (the ìMarksî) are protected by national and international intellectual property rights laws. All use of the Marks or any confusingly similar name or mark is strictly prohibited without HKScan’s prior written approval. The Marks or any other HKScanís intellectual property may not be used in connection with any product or service that is not approved by HKScan or in any manner that is likely to cause confusion among customers or that disparages or discredits HKScan.

4.5 The User hereby undertakes to immediately inform HKScan regarding any claims from third parties arising out of or relating to the User’s use of the Services (or parts thereof) infringes such party’s rights.

5. OWNERSHIP

5.1 Any and all content in the Services, including the Marks, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material are owned or licensed by HKScan.

5.2 Nothing in this Agreement shall be interpreted as a transfer of any of HKScan’s material or intellectual property rights to the User.

6. PERSONAL DATA AND OTHER INFORMATION

6.1 You hereby confirm that you have received information regarding our processing of your personal data, which is available at https://www.hkscan.com/en/contact-us/privacy-at-hkscan/

6.2 Furthermore, you hereby confirm that you have received information on the use of cookies in the Services. Information on the use of cookies is available at https://www.hkscan.com/en/contact-us/privacy-at-hkscan/

6.3 If you provide personal data attributable to anyone else, you warrant that such individual has reviewed and accepted the Terms and received information and, where relevant, given his or her consent regarding our processing of his or her personal data.

7. LIABILITY, NON-WARRANTY AND INDEMNITY

7.1 Please read this section carefully. This section limits HKScan’s liability to you for issues that may arise in connection with your use of the services. If you do not understand the terms in this section or elsewhere in these Terms of Use, please consult a lawyer for clarification before accessing or using the services.

7.2 HKScan endeavors to keep the Services available at all times and to correct errors and defects without unnecessary delay. However, HKScan neither represents nor warrants that the Services provided by HKScan will be continuous, uninterrupted or error-free or that any defects will be corrected. The Services provided by HKScan are provided on an “as-is” and “as available” basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose.

7.3 The User acknowledges and accepts that the Services may become unavailable due to planned or unplanned service, maintenance and/or updates.

7.4 If the Services contain links to websites or resources provided by third parties, such links are only provided for informational purposes, and HKScan has no control or liability for the content of such websites or resources. By following a link to such websites, you agree to review and accept that website’s possible terms of use before using the website.

7.5 The User is responsible for the communication between the User and the Services, and that the User has the hardware and software necessary to access and use the Services. The User is solely liable for defects and limitations in the User’s own software and/or hardware.

7.6 HKScan is not responsible for direct or indirect damages, such as delays, losses of income, goodwill, right to use, or information, or other financial loss caused by the Services or by the interruption of the Services. HKScanís liability is limited to the maximum extent permitted by the Finnish law.

8. LOCAL LAWS, FRAUD, INFRINGEMENT AND OTHER MISUSE

8.1 The User acknowledges that the Services may not be used for any illegal purposes and warrants that any and all use of the Services will be compliant with applicable laws. The User uses the Services on its own initiative and responsibility. The User shall defend and hold HKScan harmless from any and all third party claims arising out of or relating to the User’s use of the Services in breach of these Terms of Use or applicable legislation, including, but not limited to, claims concerning violations of applicable data protection legislation.

8.2 HKScan takes claims of breach of law, fraud, infringements of intellectual property rights and allegations of misuse seriously. If you believe that your rights have been infringed or that any user is using the Services in an unlawful manner, please notify HKScan by sending an email to legal.hkscan.com. HKScan will investigate any and all such claims, and will take the actions deemed appropriate, including, but not limited to, reporting claimed actions to relevant authorities.

9. LINKS

9.1 The Services may provide links or references to other websites. HKScan has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links. HKScan does not have any responsibility for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. For the avoidance of doubt, HKScan neither endorses nor verify the content, offerings or conduct of third parties. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk. HKScan reserves the right to terminate any link or linking program at any time.

10. FORCE MAJEURE

10.1 Any failure or delay by HKScan in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of HKScan. HKScan does not accept any liability for the consequences arising out of any such force majeure events.

11. ENTIRE AGREEMENT, AMENDMENTS AND CHANGES

11.1 These Terms of Use constitutes the entire agreement between HKScan and the User concerning the Services, and replace all earlier agreements and understandings between us.

11.2 HKScan reserves the right to amend or change these Terms of Use at any time. HKScan advises you to periodically review the Terms of Use in order to be informed of any changes. If you do not accept the amended or new Terms of Use you may not access, use or continue to use the Services. HKScan further reserves the right to change or modify the content of the Services at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. HKScan may suspend, discontinue or restrict access to any portion of the Services at any time and without notice.

11.3 By using the Services after amendments and/or changes have entered into force, you have agreed to any and all such amendments and/or changes.

11.4 HKScan does not undertake to archive previous versions of these Terms of Use. Instead, HKScan recommends that you print and save a copy of each and every version of these Terms of Use.

12. ASSIGNMENT

12.1 HKScan may wish to transfer all or part of our rights or responsibilities under these Terms of Use to a third party without obtaining the User’s consent. Provided that such transfer does not cause any significant disadvantage to the User, the User hereby agree to such transfers.

12.2 Without HKScan’s prior written consent, the User may not transfer any of the rights granted under these Terms of Use.

13. SEVERABILITY

13.1 If at any time any provision of these Terms of Use is or becomes invalid, illegal or unenforceable under applicable law, the validity, legality and enforceability of the remainder of these Terms of Use shall not be affected. In the event any provision is held in any proceeding to be invalid, illegal or unenforceable, the deficient provision shall be replaced with a new provision permitted by applicable law and having an economic effect as close as possible to the deficient provision.

14. NO WAIVER

14.1 Delay by either party to exercise a right or remedy under these Terms of Use shall not affect such party’s right to enforce such right or remedy at a later time, except for failure to exercise a right or remedy within a time limit specified herein. A waiver by any party of any breach of any provision under these Terms of Use shall not be construed to be a waiver by such party in relation to subsequent breaches of such or other provisions herein.

15. GOVERNING LAW AND DISPUTES

15.1 If you have any concerns or complaints, please contact HKScan at legal.hkscan.com.

15.2 By accessing the Services you agree that all matters relating to your access to and use of the Services provided by HKScan shall be governed by and construed in accordance with the laws of Finland, without giving effect to any principles of conflicts of law.

15.3 Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be in Turku, Finland and the language of the arbitration shall be Finnish.