Qstio – Terms of service

Welcome to Qstio platform (hereinafter “Service”) on which you (hereinafter “End-User” or “you”) can purchase goods and services (hereinafter “Product”) from persons that are registered into the Service as service providers (hereinafter “Service Provider”).

The Service is offered by Loistava Interactive Oy that has its principal office at Keskiyöntie 15 A 3, 02210 Espoo (hereinafter “Company” or “we”).

The End-User accepts these terms of service as legally binding by using or registering into the Service (hereinafter “Agreement”). The Agreement is therefore a contract, which creates legally binding terms between the End-User and the Company when the End-User uses the Service. The End-User may not use the Service if he/she does not enter into an Agreement with the Company.

1. GENERAL

The Company reserves the right to change the Agreement. The Company shall notify the End-User through email or the Service of such changes. The changes shall take effect 14 days after the notification. By using the Service after the changes, the End-User accepts the changes as legally binding.

The End-User may not use the Service or accept the Agreement, if (a) the End-User is legally incompetent, (b) the End-User is prohibited from using the Service under any applicable law, and/or (c) the person representing the End-User in the Service does not have a right to represent the End-User.

By creating an account into the Service (hereinafter “Account”) or by using the Service, the End-User warrants that he/she/it is legally qualified and entitled to enter into a binding legal relationship with the Company in the form of the Agreement and in compliance with applicable legislation.

2. ABOUT THE ACCOUNT

The End-User may create an Account through the Service. When registering and creating an Account, the End-User shall truthfully provide the information required by the Service. The accuracy of the information provided by the End-User can be reviewed by the Company during the registration process.

End-Users are solely responsible for all activities performed through the Account and for the safe use of the password, maintenance, confidentiality and all other such matters in regard to their Account. If the End-User becomes aware that someone else has used the End-User’s Account, the End-User must notify the Company immediately of the matter through email at [email protected]

3. DESCRIPTION OF THE SERVICE

The Company provides a platform on which the End-User can purchase Products by placing orders to the Service Providers through the Service (hereinafter “Order”).

When placing an Order, the Company will transmit the details of the Order to the Service Provider for confirmation. If the Service Provider confirms the Order, the End-User is informed of the confirmation, whereafter the End-User has to pay for the Order through the Service for the Order to become legally binding between the parties. If the End-User does not pay for the Order, the End-User will not have a right to the Products of the Order. The Company shall provide the End-User with a receipt of the transaction on behalf of the Service Provider.

After the Order has been placed and paid by the End-User, the Order cannot be cancelled by the End-User. Therefore, prior to placing and paying for the Order, please carefully review your selection.

Please note that the parties in the Order are the End-User and the Service Provider. The Company is not and shall not in any event become a party in regard to the Order and the related Product(s).

4. PAYMENTS

Fees of the Products are visible in the Service.

The End-User shall pay for the Order by using the relevant payment functionality of the Service. The Company collects all payments from the End-Users on behalf of the Service Provider.

5. RIGHTS AND RESPONSIBILITIES OF THE END-USER

The End-User understands and accepts that the Service Provider is solely responsible for the proper execution of the Orders and the related Products, and that the Company shall not in any case be responsible for the Orders or related Products. Therefore, if the execution of the Order is incorrect or the related Products are faulty, the End-User shall contact the relevant Service Provider.

The End-User is solely responsible for his/her/its actions or inactions when using the Service.

The End-User is solely responsible for his/her electronic devices, communication devices and other such devices and matters such as hardware condition, internet connection, antivirus, backup, and other similar issues.

The End-User agrees to use the Service only for the purposes permitted by the Agreement and any applicable laws, regulations or generally accepted policies or guidelines in the relevant jurisdiction.

It is forbidden to choose a username for the Account or to fill in contact details that violates good practice and/or violates the rights of others. We have the right to delete an Account if an End-User violates this Agreement, law or good practice or has not signed into the Service for 12 months.

The End-User agrees not to take up any actions that disturb or in any other way hinder the Service or its servers or networks.

The Service may contain links to third party websites. When you visit third party websites, you do so on your own responsibility and risk.

The End-User agrees not to send, transmit or store material through the Service that is in violation of good practice or law. The End-User also agrees not to incite others to engage in any such activities. Furthermore, the End-User agrees not violate anyone’s intellectual property rights through the Service.

The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

If the End-User does not comply with this Agreement, the Company may terminate the Agreement with direct legal effect, cancel the Account of the End-User and implement any other similar procedure.

6. RIGHTS AND RESPONSIBILITIES OF THE COMPANY

The Company operates only and solely as the administrator of the Service. The Company is not liable or responsible towards the End-User for the proper execution of the Order. The End-User acknowledges and accepts that the Service Provider is solely liable for the execution of the Orders and related Products.

Under no circumstances shall the Company be liable for accidents, damages or crimes related to the Service. Under no circumstances shall the Company be liable for any direct or indirect damages in any manner in connection with the Service or the use, information and notices available through the Service. The Company is also not liable for any damages or other disadvantages that may be caused to the End-User or third parties by incorrect or insufficient End-User information.

The Company is not responsible for any losses arising from the use of the Service. End-Users agree to be solely responsible for any failure to comply with their obligations under this Agreement and for their consequences.

The Company does not express or imply warranties or representations about the operation of features of the Service, and the Company does not promise that the Service will function without interruptions or errors. The Company is not responsible for any damages to the End-User or third parties caused by the use, malfunctions, technical defects or malicious software of the Service or third-party links or any other such causes.

The Company has a right to disable the Service or a part of it due to maintenance, installation, modification, public order and safety, system overload or other similar cause. The Company may terminate (permanently or temporarily) the provision of the Service (or any part of it), either to the End-User or End-Users generally, entirely at the Companies own discretion and without prior notice.

The service is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. The Service may also enable you to view, access, communicate and interact with third party sources, meaning e.g. third party websites and services. We do not assume any responsibility for the content, actions or practices of, any such sources. Your interaction with such a source and your use of, and reliance upon, any content provided by such sources is at your sole discretion and risk.

The Company is not responsible for the content of the Service or its correctness, except for the content generated by the Company. Thus, the Company is not responsible for e.g. information the End-Users or the Service Providers disclose through the Service.

The Company has the right to remove material (i) that has been denied or reported by the Company in the Service, or (ii) which, according to the Company is unlawful, contrary to good practice or this Agreement, inappropriate or erroneous, or (iii) harmful to the Company, End-Users or third parties. The Company also has the right to remove material from the Service if the material contains any legally questionable or offensive information or content that is inappropriate for the Company.

The Company has the right to use the co-operation between the Service Provider and the Company in its own marketing and as a reference, in accordance with good practice.

7. LIMITATION OF LIABILITY

To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors or Service Providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Service within the three (3) months preceding the date of bringing a claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you.

8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any intellectual property rights or data protection right.

9. DATA PROTECTION

Please have a look at our Privacy Notice for more details about data protection.

10. TERM AND TERMINATION

This Agreement enters into force once the End-User accepts this Agreement or uses the Service.

This Agreement is valid for indefinitely. The End-User may terminate this Agreement with immediate effect by email or through the Service. By terminating this Agreement, the End-User is not however exempt from the obligations he/she has undertaken under this Agreement prior to the termination.

Upon the termination of this Agreement, the Company shall close the End-User’s Account and may remove any material the End-User has posted through the Service if the End-User can be identified with that material.

11. GOVERNING LAW AND DISPUTES

This Agreement and the relationship between the End-User and the Company shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.

If the End-User has a dispute with the Service Provider, the End-User has to settle the dispute with the Service Provider itself.

Disputes arising from the Agreement shall primarily be settled through negotiations. Secondarily, End-User may seek to settle disputes arising from this Agreement at the District Court of Helsinki.

12. MISCELLAENOUS

You do not have the permission to surrender, transfer or sublicense this Agreement unless you obtain prior written consent from the Company. The Company has the unilateral right to assign, transfer or delegate any or all of its rights and obligations under the Agreement.

You agree that if the Company does not exercise or enforce any legal rights under the Agreement (e.g. the right to compensation), it does not imply that the Company formally waives its rights, nevertheless the Company still has the right to exercise its rights.

You agree that any cause of action that you may have arising out of or related to this Agreement must commence within one (1) month after the cause of action accrues, otherwise, such cause of action is permanently barred.

If, by a court decision, any provision of this Agreement is declared void, then only that invalid provision will be removed from the Agreement, in which case the Agreement will continue to be valid.

Sections 5 – 9 and 11 shall prevail and stay in force even after the termination of the Agreement.