1. General
These terms of use (“Terms of Use”) apply to the services and applications provided by Datadrivers Oy (business ID: 2866403-6, “Datadrivers”), including but not limited to the following: Webauto, Oppitie, Netreeni, Logimaster.com, opetusluvalla.fi and lomakelahetys.fi (collectively and individually the “Service”). The user of the Service is referred to as the “User”.
By placing an order or otherwise commencing use of the Service, the User confirms that they have read these Terms of Use and the privacy policy terms relating to the Service (Datadrivers Oy privacy policy , Logimaster.com privacy policy) and undertakes to comply with them. Terms that supplement and clarify these Terms of Use may be included in an offer or order, or in the specific terms of a particular Service. If the User takes up the Service through a Datadrivers contractual partner, such as a training service provider, the User understands that, in addition to these terms, the use of the Service is subject to the contractual and privacy terms of the relevant contractual partner (Datadrivers Oy privacy policy , Logimaster.com privacy policy).
If the User does not accept the aforementioned terms and conditions, the User shall not be entitled to use the Service.
2. Content and use of the Service
The Service is provided “as is” and “as available”. Datadrivers endeavours to keep the content of the Service up to date and free from errors. The Service may contain advertising, but Datadrivers endeavours to place advertisements in such a way that the use of the Service is not disrupted.
Use of the Service requires that the User has acquired the equipment, software, and network and other data connections necessary to use the Service. The User is responsible, at their own expense, for acquiring such equipment, software and connections and ensuring they are in working order.
Participation in online training may require the User to install on their mobile device the instant messaging application specified by Datadrivers at the time, such as WhatsApp or Signal.
Service usernames are personal, or organisation-specific as specified in the order, and must not be disclosed or revealed to third parties. The User is responsible for any use of the Service made using their usernames. If the User suspects that their login details have become known to an unauthorised third party, or if they have reason to suspect other misuse of the Service occurring via their login details, the User shall be released from the aforementioned liability upon notifying Datadrivers of this in writing.
Datadrivers reserves the right to modify or alter the Service and, for justified reasons, to close or suspend the Service in part or in full.
3. Right of Use
The User shall be granted a personal right of use to the Service, or a right of use based on the number of users specified in the order or specific to the organisation, in accordance with these Terms of Use. The right of use granted to the User includes the right to use the Service for the User’s own internal operations.
Except as expressly stated in these Terms of Use, the User may not modify or copy the Service or its content, or any part thereof. Furthermore, the User shall not have the right to exploit the Service commercially or to distribute, disseminate, transmit, publicly display or otherwise make the Service or its content available to the public, unless this has been specifically agreed with Datadrivers. The User may not use the Service in contravention of these Terms of Use, the law or good practice. The User has no right to assign or transfer the right to use the Service to a third party.
Datadrivers may revoke the User’s right to use the Service without liability for compensation if 1) the User causes harm or damage to the Service or to Datadrivers; 2) the User fails to meet their payment obligations or otherwise acts in breach of these Terms of Use; or 3) there is otherwise a valid reason relating to the User for revoking the right of use.
4. Price of the Service
The price of the Service is based on the scope of the licence and is determined in accordance with Datadrivers’ current price list. Fees for the use of the Service are invoiced in advance for the agreed billing periods. Datadrivers reserves the right to charge the User retrospectively for any use of the Service exceeding the agreed scope of access, in accordance with its current price list. If the User takes up the Service through a Datadrivers partner, for example as part of a training service offered by the partner, the Datadrivers partner will charge the User for the use of the Service in accordance with the agreement between the parties.
The general payment term is 14 days net from the date of the invoice. Datadrivers is entitled to charge interest on late payments in accordance with the Interest Act in force at the time.
5. Service Availability
Datadrivers endeavours to ensure that the Service is available to the User at all times. However, the User accepts that the Service may be unavailable, for example, due to maintenance work, technical faults or other similar reasons, and Datadrivers shall have no obligation to pay compensation or provide any other form of credit to the User for such service interruptions. Datadrivers endeavours to notify the User in advance of any planned service interruptions.
6. Processing of personal data
When a user subscribes to or activates the Service, Datadrivers stores the personal data provided by the user or an authorised third party and required by Datadrivers, and processes such data in accordance with the Service’s privacy policy (Datadrivers Oy Privacy Policy, Logimaster.com Privacy Policy).
The use of cookies is governed by the Service Provider’s cookie policy, which is available on the Service Provider’s website at: logimaster.com/fi/evasteseloste.
7. Rights to the Service
The Service, as well as the databases and other material it contains, is protected under copyright law. All ownership rights, as well as copyright and other intellectual property rights to the Service and the databases and other material it contains, belong to Datadrivers or its partners. The User is entitled to use the Service solely in accordance with these Terms of Use, and no rights to the Service are granted to the User other than the right of use in accordance with these Terms of Use, unless otherwise specifically agreed in writing between the parties.
Any third-party software or other material included in the Service is governed exclusively by the licence or other terms of use of such third party. Datadrivers shall not be liable for any intellectual property rights or other rights relating to material supplied or produced by a third party for the Service, nor for any claims that may arise in connection therewith.
8. Limitations of Liability
The Service and its content are provided to the User “as is” and “as available”. Datadrivers does not guarantee that the Service will operate or be available without interruption, disruption or error, or that the Service is fit for a particular purpose.
The User uses the Service at their own risk, and Datadrivers shall not be liable for the accuracy, reliability, errors, omissions, inaccuracies or other defects in the Service or the information contained therein, nor for any costs, damages or losses that the User may incur as a result of using the Service or the information contained therein. Datadrivers is also not liable for any inability to use the Service resulting from compatibility issues.
The Service may contain links to the websites of other service providers or to other services. Datadrivers is not liable for the content of such third-party websites or services, the services they contain, or any marketing or other material found on them.
Datadrivers’ potential liability towards the User is, in all cases, limited to the refund of any usage fees already paid for the portion not yet used. Datadrivers shall not be liable for any direct or indirect damages, losses or expenses arising from the Service, the use of the Service, the inability to use the Service, or these terms and conditions.
9. Validity of the Licence
Provided that the User complies with these Terms of Use, the licence granted to the User to use the Service shall remain in force until further notice. Either party may terminate the licence by giving written notice to the other party at least one month before the end of the current billing period.
Each party shall have the right to terminate the licence immediately if the other party materially breaches its obligations under these Terms of Use and fails to remedy such breach without delay upon receiving written notice of the breach from the other party. Datadrivers also has the right to terminate the licence immediately in the situations specified in clause 3.
Upon termination of the right of use for any reason, the User must cease using the Service.
10. Changes to the Terms of Use
Datadrivers reserves the right, at its sole discretion, to amend these Terms of Use at any time by notifying the User either via the Service or in writing, such as by email, giving the User one month’s prior notice. If the User does not accept the amended terms, the User may terminate their licence to take effect from the date the amendment comes into force or, if the amendment has already come into force, with immediate effect by notifying Datadrivers in writing. If the amendment is due to a change in the law or a decision by the authorities, or at Datadrivers’ initiative, and the amendment does not substantially increase the User’s obligations or reduce their rights, the amendment shall take effect upon its publication on the Service.
11. Special terms for consumers
In accordance with the Consumer Protection Act, there is no right of withdrawal for the Services if the Service has been fully performed or the electronic supply of digital content has commenced after the User has given their consent to the commencement of supply, and if the absence of a right of withdrawal has been communicated in advance.
The consumer has the right to refer any disputes arising from this agreement to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. Before referring the matter to the Consumer Disputes Board, the consumer must contact the consumer advice service at the local register office (www.kuluttajaneuvonta.fi). The consumer may bring a claim before the District Court of Datadrivers’ registered office or the District Court of the locality in Finland within whose jurisdiction they reside. If the consumer customer does not have a place of residence in Finland, disputes shall be heard by the District Court of Datadrivers’ place of business.
12. Applicable law and disputes
These Terms of Use shall be governed by Finnish law, excluding conflict of laws rules. Any disputes arising from these Terms of Use that cannot be resolved amicably through negotiation shall be resolved in the first instance by the District Court of Kemi-Tornio.
