Terms of Use

1. General

 

1.1 The Object of the Terms of Use and Description of Service

RedFox Languages Oy, address: Yliopistonkatu 30, 40100 Jyväskylä, Finland (hereinafter referred to as the"Company") offers services and products, such as the RedFox service (hereinafter referred to as the "Service"), to its users (hereinafter referred to as the "Customer") according to these Terms of Use. The exact content of the Service is determined in the descriptions and special terms of Service, presented on the Service website or otherwise at the time of ordering the Service. These Terms of Use don't cover Translator-service, there is own separate Terms of Use agreement.

 

1.2 Applicable Terms of Contract and Order of Application

These Terms of Use apply to the Service and the use and ordering of services and products produced by Company and offered through the Service. In addition, different parts of the Service may require separate contracts with the Company, with special terms and descriptions of service that differ from or add to these terms. In case these general terms and the specific terms concerning a certain part of the Service are in conflict, the more specific terms will apply primarily, and these general terms secondarily where the part of the Service in question is concerned.

 

1.3 Chargeable Services

The Customer can order the different products or services available through the Service by online payment, credit card payment or by using another specified method of payment. The Company will announce the price of each product or service according to method of payment and the Terms of Delivery complementing these terms separately.

 

1.4 Customer's Right of Withdrawal

When the Customer purchases chargeable products or services through the Service, the Customer has no right of withdrawal after the delivery of the product or service has begun by electronic means according to the Customer's order.

 

2. Birth of Contract

 

2.1 Birth of Contract in Service

The contract is born when the Customer, during registration, has agreed to these Terms of Use and when the Company has acknowledged the Customer's payment for the purchase of the product or service.

 

2.2 Validity of the Information Provided by the Customer in the Service

The commissions of the Customer made in the Service are handled and delivered according to the information provided by the Customer. The Customer is responsible for the validity of the given information, and the Company has no obligation to check or add to the information.

 

3. Identification

 

3.1 Means of Identification

The use of certain parts of the Service requires a user account and a personal password or another means of identification accepted by the Company.

 

3.2 Customer's Means of Identification

After hearing the Customer, the Company has the right to choose and/or accept the usernames, passwords and other means of identification to be used by the Customer. They will remain the property of the Company, and the Customer has no rights to them after the end of the contract, unless otherwise agreed in writing.

 

3.3 Company's Right to Change the Means of Identification

At any time, the Company has the right to change the Customer's means of identification. If possible within reason, the Company will inform the Customer of any changes in means of identification beforehand.

 

3.4 Safekeeping of the Means of Identification

The Customer is responsible for the careful safekeeping of the Customer's means of identification. The Customer agrees to keep the password and any other possible, additional means of identification separate so that a third party cannot access them. The password used in connection with the means of identification is personal and is not to be given to a third party.

 

4. Production and Use of Service

 

4.1 Production of Service

The Company has the right to produce the Service in any way it deems fit. The Company has the right to make changes that affect the content, technology and use of the Service. If these changes require changes in the Customer's equipment and software, the Customer must, at his or her own expense, take care of them. The Company strives to issue information on those changes affecting the Customer beforehand within a reasonable time, for example, by notifications published through the Service.

The Company has the right to stop the production of the Service or its part. In this case, the Company strives to inform the Customer of this beforehand within a reasonable time, for example, on he Service website.

 

4.2 Right to Use Concerning the Material Published in the Service

The Service includes and provides material protected by copyright, trademark rights and other immaterial rights. Without specific written consent from the creator, holder of rights or the Company or specific announcement of a wider right to use in the Service (for example, for press releases), the Customer has no right to distribute, publish, copy, distribute to the public or otherwise utilize material that is acquired from or through the Service except for the Customer's own private use. The holder of rights of the material presented in or available through the Service may make demands directly to the Customer in case of the inappropriate use of protected material as defined in this section.

 

4.3 Right to Use Concerning Software and Documents

The Company grants the Customer the right to use the machine code versions of the software and documents delivered by the Company according to the contract. According to the right to use, the Customer may use the software and documents only according to the possible licensing conditions accompanying the software, the instructions of the Company, and only directly pertaining to the use of the Service. The ownership and immaterial rights of software and documents, as well as their revised versions, are the property of the Company or a third party (such as the principal or subcontractor of the Company), and the Customer has no right, without a prior written agreement from the Company, to copy, translate or change documents or software or distribute them for the use of a third party, unless otherwise compelled by imperative law.

 

4.4 Customer's Equipment and Software

The terminals, software and connections (such as connections to a mobile communication network and the Internet) that are required to use the Service are not included in the Service. The Customer is responsible for acquiring, maintaining and updating these devices, connections and software. In addition, the Customer is responsible for these devices and software not interfering or disturbing the functioning of the Company or the Service. Devices and software that may be causing disturbances must immediately be disconnected from the Service.

 

5. Maintenance of Service, Repairing of Defects and Data Security

 

5.1 Maintenance of Service and Repairing of Defects

The Company strives to take care, to the best of its ability, of the functionality of the Service within the possible service-specific times of operation, announced separately, and strives to repair any possible defects in the Service within a reasonable time. However, the Company does not guarantee that the Service will be flawless or that the Service will be available to the Customer without breaks.

 

5.2 Temporary Interruptions

The Company has the right to close the Service or a part of it temporarily if there is justifiable reason to do so. In this case, the Company strives to work so that the interruption will be as brief as possible and cause as little disadvantage to the Customer as possible. The Company will, within its capabilities and beforehand if necessary, inform the Customer of the interruption, for example, on the Service website.

 

5.3 Data Security

The Company strives, within its capabilities, to offer the Service in such a way that external parties will not be able to unjustly access the Customer's information or communications, but unless specifically announced otherwise in connection to a particular service, the Company cannot guarantee the Service's data security or security level. The other parties connected to the production of the Service (for example, Internet or mobile communication operators) are responsible for the data security of their own services.

 

6. Use and Transfer of Customer Information

 

6.1 Issuing Information

The Customer must, before opening the Service, provide the Company the information it requires for the Service (customer information) and confirm that the given information is valid. The Customer must immediately notify the Company of changes to customer information on the Service website under Settings.

 

6.2 Handling of Personal Information within the Service

The Company acts in accordance with Finnish law concerning the handling of personal information and data security and handles the Customers' personal information according to the privacy policy (rekisteriseloste) required by these Terms of Use and the law concerning personal information. The Company may use subcontractors in the handling of the Customer's information if the handling of such information is carried out in accordance with the Company's directions, for the Company and on behalf of the Company.

 

6.3 Purpose of Use of Personal Information

This information is needed for the purposes of Service production, Service safety maintenance, customer relations and direct marketing, as well as research of Service use and further development of the Service. The information can be used in the registries of the Company and other companies within the same economic combine. In addition, the information can be used for the direct advertising of the Company and its partners in cooperation with the Customer without releasing the information to external parties.

The Customer may, if desired, forbid the use and transfer of personal information for direct marketing purposes by contacting the Company's Customer Service. The direct marketing messages that are sent by the Company include an option to forbid the sending of such messages.

 

6.4 Regular Information Sources of Service

The Company collects personal information mainly from the Customers themselves. The Company may collect, in accordance with the law concerning data security, information concerning the Customer from its own registries and put them together with information gained from other registries of the Company or companies within the same economic combine or from the registries of third parties (such as credit information registry).

In addition, the Company may use log files and cookies or other such data stored on the Customer's computer by the Service to collect information concerning the use of the Product. With the aid of a cookie file, the Service recognizes the Customer's computer, which allows the Company to offer the Customer a service that takes the Customer's wishes and preferences into accord better. The cookie files used by the Service do not contain information on the Customer's username, password or phone number, and it is not possible to access such information through the cookie file. The Company does not use cookie files to collect information on the Customer's computer use or Internet habits outside the Service. Most browsers allow the user to not accept cookie files, but using a browser setting that does not accept cookies may make it impossible to use those parts of the Service that are based on personal tailoring.

 

6.5 Transferring of Information

The Company has the right to transfer the necessary information to those who collect the payments for services, products or material ordered or used through the Service. In addition, the Company has the right to transfer information to third parties within legal limits for direct marketing, remote sales and market and opinion research. The Company also has the right to transfer information to a company within the same economic combine and during company organization. Transferring the information to third parties for other purposes requires a separate agreement from the Customer.

 

7. Compensation for Expenses and Damages

 

7.1 Company's Liability for Damages

The Company is liable to compensate the Customer for direct damages attested by the customer that result from the Company's actions that are negligent or of willful neglect and that are not in accordance with these Terms of Use. In all cases, the liability of the Company for the damages is limited to the amount the Customer has paid for the use of the service or its part.

 

7.2 Limits to the Liability for Damages

The Company does not compensate for indirect damages or damages caused by force majeure conditions. The Company does not compensate for interruptions or data communication disruptions caused by technical defects, maintenance or installation work, or for the direct or indirect damages caused by possible data delay, change or disappearance due to the above. In addition, the Company does not compensate for direct or indirect damage caused by malware (viruses, worms, etc.) within the Service or the services available through it. The Company does not compensate for damage caused by things that are the responsibility of the Customer or a third party. The Company is not liable to compensate for using its rights as described in these Terms of Use.

 

7.3 Defects in Customer Controlled Devices or Software

If the Customer, knowingly or despite being notified by the Company, uses defective or disruptive devices or software, the Customer is liable to compensate the Company for any possible damages and the expenses of searching for the defects.

 

7.4 Claim for Compensation

Under pain of losing the claim, claims for compensation have to be presented to the Company within six (6) months of noticing, or being expected to notice, the defect on basis of which the claim is made.

 

8. Payments and Billing

 

8.1 Payments for Service

The Customer pays for the use of the chargeable parts of the Service according to the price list or contract. The prices of the Service are available on the Service website at www.redfoxsanakirja.fi. The Company may use third party billing services to exact the payments for the use of the Service. In these cases, the payments for the use of the Service are exacted according to the billing periods and terms as defined in the contracts between the third parties in question (such as mobile communication operators) and the Customer, unless otherwise specified in the Service.

 

8.2 Price Changes

The Company reserves the right to change its prices and the payments for the use of the Service. The current prices are announced on the Service website.

 

8.3 Methods of Payment

Payments with Visa, Visa Electron and MasterCard

Paytrail Oyj (2122839-7) acts as an implementer of the payment handling service and as a Payment Service Provider in cooperation with Finnish banks and credit institutions. In payments made with Visa, Visa Electron or MasterCard Paytrail Oyj will be shown as the recipient in the invoice and Paytrail Oyj will forward the payment to the merchant.
Paytrail Oyj is an authorized Payment Institution.

Paytrail Oyj, business ID 2122839-7
Innova 2
Lutakonaukio 7
40100 Jyväskylä
Phone: +358 207 181830

Netbanks

Paytrail Oyj (FI2122839) provides netbank related payment transfer services in co-operation with Finnish banks and credit institutions. For consumer the service works exactly the same way as traditional web payments.

 

9. Duration of Contract and the Usability of Personal Parts of Service

 

9.1 Running Time of Personal Services and Products

For the fixed-period parts of the Service, the Company will announce the running time of that part either during the ordering of the service or in some other way within the Service. The Customer must note that the Service and its inherent characteristics are not eternal by nature, and the Company does not guarantee that the Service or the products or services purchased through it will remain unchanged. The username and other personal data connected to the Service are stored for a minimum of twelve (12) months after the latest contract period of the Customer has ended. After this, the Company has the right to remove the Customer's username and other personal data connected to the Service.

 

10. Closing the Customer's Service

 

10.1 Company's Right to Close the Service

The Company has the right to close the Customer's Service completely or partially and leave the Customer's order unfulfilled if: 

• The Customer has neglected to make a due payment,
• Despite notification by the Company, the Customer uses disruptive devices or software,
• By use of the Service, the Customer has caused disruption to the Company, other Service users, or third parties,
• The Customer breaks the duties that are agreed to in the contract,
• The Customer has given fundamentally erroneous information during the opening of the Service or later, or
• There is cause to suspect that the Customer is using the Service for illegal actions.

 

11. Termination of Contract

 

11.1 Customer's Right to Terminate the Contract

The Customer has the right to terminate the contract after observing a two (2) week termination period.

 

11.2 Company's Right to Terminate the Contract

The Company has the right to terminate the contract after observing a one (1) month termination period.

 

11.3 Company's Right to Dissolve the Contract

The Company has the right to dissolve the contract if:

• The Customer has not used the Service for over twelve (12) months,
• The Customer's Service has been completely closed for one (1) month for a reason mentioned in section 10.1,
• The Customer has otherwise, essentially and despite being notified, neglected the duties that have been agreed to in the contract.

 

11.4 Form of the Dissolving and Termination Notice

The contract is dissolved and terminated in writing or otherwise demonstrably through a message that is to be sent through the Service, for example by sending a notice to the latest email address that the Customer has provided to the Company.

 

12. Consequences of Termination of Contract

 

12.1 End of Service use and removal of data

When the contract ends, the Company stops the use of the Service with the Customer's user information and removes any possible data that the Customer has saved in the customer-specific parts of the Service.

 

12.2 Returning of payment

When the contract ends, the Company does not return any payments, including advance payments or rights of purchase, to the Customer.

 

13. Other Terms

 

13.1 Notices

The Customer must send any written notices concerning this contract to the Company address RedFox Languages Oy, Yliopistonkatu 30, 40100 Jyväskylä, Finland. The Company may send any written notices concerning this contract to the latest email address that the Customer has provided to the Company. General notices concerning the Service can also be published on the Service website.

 

13.2 Transferring the Contract

The Company has the right to transfer the contract to a third party fully or in part. The Company will notify the Customer of the transfer well beforehand. In addition, the Company has the right to transfer the payments due under the contract to the third party. After the notification of the transfer of due payments to the third party, the payments are only valid when made to the receiving party of the transfer. The Customer has no right to transfer the contract to a third party without a prior written agreement from the Company.

 

13.3 Applicable Law and Venue

This contract and its service-specific special terms operate under Finnish law. Disputes concerning the contract are handled in Keski-Suomen District Court in Finland.

 

13.4 Force Majeure

The parties are released from their duties and their duty to pay compensation when the breaking of the contract duties or failing to fulfill them is due to force majeure. A sufficient basis for the release from duty (force majeure) is an unusual event hindering the fulfilling of the contract that affects the matter, occurs after the contract is made, is independent of either party, and that cannot reasonably be avoided or overcome. Such events include war, rebellion, requisition or confiscation for general needs, termination of energy distribution, labor dispute, fire, thunderstorm or other natural phenomenon, cable damage caused by a third party, or another similarly effective and unusual event independent of either party. If the fulfilling of contract duty is delayed because of one of the abovementioned reasons, the period of fulfillment shall be extended for as long as is deemed reasonable with all the affecting circumstances in mind.

 

13.5 Effective Date of Terms of Use

These terms of use are effective from 1 April 2014 until further notice. Terms of Use are available from the Company free of charge.

 

13.6 Changes in Terms of Use

The Company can change these Terms of Use. The Customer will be notified of any new Terms of Use with customer notices and/or within the Service (for example, on the Service website at www.redfoxsanakirja.fi). The changed Terms of Use will be applied to the contracts made before the effective date of the new terms.