TERMS AND CONDITIONS FOR PROG-IT WEBSHOP AND OTHER WEB SERVICES
These Terms and Conditions (“Terms”) concern the use of services and contents of the Prog-It Oy’s web shop (“Webshop”) with personal user account (“Account”) and also the sales of products and services in the Webshop.
The Webshop and the Account are services provided by and owned and controlled by Prog-It Oy, a limited liability company registered in the Finnish Trade Register with the Business-ID FI0968844-6, domiciled in Helsinki, Finland, VAT registered and with a principal place of business at the address Nuijamiestentie 3A, 00400 Helsinki, Finland and with general email address email@example.com («Company«) and/or its licensors, as the case may be.
These Terms are applicable to your (hereinafter referred to as “you”) use of the Webshop and the Account. You may be a representative of a company or a corporation. You acknowledge and agree and represent that you are legally and enforceably binding your company or your corporation with these Terms.
By clicking “[Accept Terms and Conditions]” on the Webshop at the registration phase of your Account or your actual use of the Webshop explicitly constitutes your acceptance of these Terms and creates a binding agreement, of which these Terms are an integral part, between you and the Company (“Agreement”).
PLEASE READ THESE TERMS CAREFULLY.
You represent that you understand and accept these Terms.
2. SERVICES AND MAKING PURCHASES
The Company provides services in the form of an internet based shopping service, which may change from time to time, to you and other users on the Webshop by access through an Account (altogether “Services”).
By using the Services you can make purchases on the Webshop. You can access the Webshop here https://shop.prog-it.net/
The Company aims to provide the products and services that you see on the Webshop. The Company cannot guarantee that the Company has all the time all the listed products and services available on the Webshop. In case the Company would not be able to deliver the purchased products and/or services the Company will in the maximum return the capital of the prices you have paid to the Company to you or deliver you a replacement product or service that is similar to what you have purchased.
3. CHARGES AND FEES
The prices at the Webshop are current prices and may be changed at any time. The Company is not bound by price indications in the Webshop which the buyer must reasonably or apparently understand are incorrect and which, for example, have occured due to technical problems in the web platform.
Prices are exclusive of local taxes and are payable in the currency indicated at the Webshop.
Payment can be made by credit card, direct debit invoice or as may otherwise be instructed at the Webshop. Where payment is subject to validation and/or authorization by a card issuer or bank or to credit validation, any order confirmation is subject to such validation or authorization. The Company co-operates with an authorized payment service provider (PSP; http://www.nets.eu/), who processes your personal details in accordance with the international security standard PCI DSS, developed by international credit card companies such as VISA and MasterCard. All transactions will be sent through SSL (Secure Sockets Layer) in encrypted form and all card details and payment information will be protected and processed with a high level of security. If there are any issues regarding payments please contact the PSP at firstname.lastname@example.org.
You will only be refunded any fees for products and/or services you have purchased in case the applicable mandatory law so requires.
The Company’s price list for returns and similar administrative costs is available at https://www.prog-it.net/pricing/
The Company aims at delivering your order as soon as possible. Normally orders of items in stock ship within [1-3 business days] from order confirmation and can be expected to be delivered to you within [five to ten business days]. Delivery times are estimates only and deliveries may take longer. In case of a delay in delivery of more than fifteen (15) business days beyond the estimated delivery time above, you may cancel your order subject to written notice to the Company, in which case the Company will, as our entire liability for the delay, refund any payment made by you. If the order has already shipped, you must first return the item to the Company before such credit can be made. Please note that implementation, installation or other working hours spent are never refundable. The freight cost will be specified in the order summary before you submit your order.
The Company currently ships to EU/ETA, Russia/CIT and/or other countries specified at WebShop product information. Should you have an inquiry as to whether or not the Company ships to a specific location, please contact our customer service at email@example.com
You should note that customs formalities and taxes are your responsibility. The Company cannot pay for any customs duties or taxes due to your order.
You are asked to inspect delivered items upon delivery and report possible deviations found immediately by email to the Company at the address firstname.lastname@example.org
If you don’t collect your products upon delivery, the Company shall have the right to debit you a charge to cover our cost for return freight and administration.
All purchases are final unless otherwise stipulated in mandatory applicable law.
5. THIRD PARTY SERVICES
Through the Webshop you can also access services provided by third parties. The Company assumes no liability for the services or products of such third parties.
You can register FI-domains by clicking https://shop.prog-it.net/domain/ The terms and conditions for the registration of FI-domains are available on the third party web site at the address https://www.ficora.fi/
You can register COM-domains by clicking https://shop.prog-it.net/domain/ The terms and conditions for the registration of COM-domains are available on the third party web site at the address http://www.joker.com/
6. INTELLECTUAL PROPERTY RIGHTS
The Webshop and the Account as well as all Company materials and information therein (“Content”) are protected by copyright or other intellectual property rights, as the case may be.
The exclusive and sole ownership and the title of the Content and the Services and any and all intellectual property rights in and to the same vest solely in the Company or its licensors, as the case may be. The Company may further amend and transfer said intellectual property rights.
The Company reserves all rights and you shall not be entitled to any rights, which are not explicitly stated in these Terms.
7. COOKIES, LOCATION DATA AND OTHER INFORMATION
7.1 Cookies, Location Data and Other Information Arising out of Use of Services
Upon acceptance of these Terms you grant to the Company a royalty-free, exclusive and transferrable right and license i) to access ii) to save and copy, iii) analyze, iv) send or transmit v) transfer, vi) sell, vii) license and sublicense and viii) alter, amend and modify the Information and ix) to send you, by using a separately selected electronic direct marketing method and media, marketing messages in a manner designated by the Company during the term of the Agreement. This use of your Information may take place only in accordance with the acceptance.
You acknowledge and agree that your Information is transferred also outside the EEA for the abovementioned purposes.
If you decline to provide the Company with the Information required or cancel the consent set out in this Section 7.1 the Company cannot provide you with the Services and has the right to terminate the Agreement effective immediately.
8. MONITORING ACTIVITIES
You acknowledge that the Company monitors, filters and modifies, at the sole discretion of the Company, the Information due to the applicable laws and at the sole discretion of the Company removes and blocks Information that are in conflict with mandatory applicable law (such as data or materials endangering information security).
In addition, you acknowledge that the Company may be requested or required to monitor, filter and modify the Information and Your Content by a competent governmental authority. The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government official’s request to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company’s sole discretion is in violation of these Terms.
9. INFORMATION SECURITY
In collection with processing and transfer of any personal data or other data protected by the data protection legislation the Company shall comply with the applicable laws and regulations and these Terms.
You acknowledge and agree that transmission of any data to and from the Services may be read or intercepted by others as the Internet is subject to information security threats. You acknowledge that by submitting Information to the Company, no confidential, fiduciary, and contractually implied or other relationship is created between you and the Company other than pursuant to the Agreement.
10. YOUR USER NAME, PASSWORD AND ACCOUNT
The Services require a registration and creation of an Account with a user name and a password to verify your actions and activity in the Services.
You acknowledge and accept that the Company may deny your access to your Account and cease the provision of the Services to you without any liability or prior notice, if the Company has reason to suspect that Your Content or action taken by using your Account on the Services are illegal or otherwise not in compliance with the Agreement.
You acknowledge and accept that it is your responsibility to maintain your user name and password strictly confidential and that you may not disclose the user name and/or the password or otherwise grant access to your Account to anybody else. You also acknowledge and accept that your password shall fulfill the general data security requirement of a good password and shall not be able to be easily guessed by a third party. You undertake to change your password from time to time and at least six times a year and upon request of the Company.
Company may offer an optional 3rd party security applications (like Google Authenticator) in addition to your username and password. Security of such product is solely responsible by selected 3rd party provider and is only served for your convenience. Company takes no responsibility whatsoever this kind of tools you may select to be associated into your account.
11. EXPLICITLY FORBIDDEN USE
It is explicitly forbidden to submit or process any following types of information or data in the Services. You undertake to notify the Company immediately if you receive any following types of information or data.
(i) Unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; or
(ii) information or data that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; or
(iii) information or data that violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; or
(iv) information or data that contain a computer virus or other harmful component or material.
In addition, you undertake to cause such material set out above in this Section 11 to be removed in accordance with the instructions of the Company or a competent authority only because of the integrity and quality of the Services.
12. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that you shall not upload, post or transmit to or distribute or otherwise publish through the Services any materials, including but not limited to Your Content, do not include any material that:
(i) restrict or inhibit any other user from using the Services; or
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; or
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; or
(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; or
(v) contain a computer virus or other harmful code.
Furthermore, you represent and warrant that:
(i) all the information submitted by you via the Services concerning your identity are true, correct and complete and that you have full authorization to enter into the Agreement; and
(ii) your use of the Services does not constitute excessive burden by communication requests to the Services including but not limited to denial of service (DoS) attack or otherwise disrupt or interfere the Services; and
(iii) you have complied fully with the obligations set out in the Agreement; and
(iv) you are responsible for your computer hardware and software including but not limited to appropriate protection against viruses and other harmful material or components.
You are liable for any damages incurred by the Company and arising out of or in connection with the breach of the representation and warranties set out in this Section 12 to the widest extent permitted by the applicable law.
13. CHANGES TO SERVICES AND CONTENT
The Company may change, suspend or discontinue the Services or any aspect of the same at any time, including the availability of any of the Services or any Content. The Company may also impose limits on certain features and services or restrict your access to parts or the entire Services without notice or liability to the extent permitted by the applicable law.
However, the Services you have paid for remain at your disposal in accordance with the Company’s documentation available on the Webshop as long as you pay the applicable fees as per the prevailing price list of the Company. The Company may change the documentation with [two months’] prior notice.
The Company may at its sole discretion implement technical and other improvements and amendments to the technical requirements of the Services without your consent. You acknowledge and understand that such improvements or amendments may require changes in your software and/or hardware. You are not entitled to compensation for any disruption or unavailability of the Services due to such improvements and amendments to the extent permitted by the applicable law.
The Services and/or the Content contain links to other Internet sites selected at the sole discretion of the Company. Such links to third party sites, maintained by third parties, do not constitute an endorsement by the Company of any third party resources, or their contents.
14. TERM AND TERMINATION
The Agreement shall be valid until further notice and may be terminated by the Company or you with one month’s prior written or email notice.
The Company has the right to terminate the Agreement with immediate effect, in the event you have cancelled any consent set out in the Agreement.
You or the Company may terminate the Agreement with immediate effect in the event the other party is in material breach of the Agreement.
Upon any termination of the Agreement any and all rights and licenses granted to you shall cease and terminate automatically without any separate notice thereof.
Upon any termination of the Agreement the Section 5 shall remain in force.
After any termination of the Agreement the Information will continue to exist with the Company in an anonymous form enabling the Company to develop the Services further.
15. NO WARRANTIES
To the extent permitted by applicable law, the Company does not represent, warrant or endorse the accuracy, feasibility or reliability or patentability or protection or ability to retain any protection of any advice, opinion, statement, or other information displayed or distributed through the Services. You acknowledge and agree that any reliance upon any opinion, advice or statement or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES INCLUDING ALL CONTENT, APPLICATION, ANY SOFTWARE, FUNCTIONALITIES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES ARE PROVIDED «AS IS.» TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICES, THE CONTENT OR THE MATERIALS, INFORMATION AND FUNCTIONALITIES MADE ACCESSIBLE BY THE SERVICES USED ON OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, ANY AND ALL THIRD PARTY ACTIONS IN CONNECTION WITH THE USE OF THE SERVICES OR FOR ANY BREACH OF INFORMATION SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE.
FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITIES OF THE SERVICES OR ANY MATERIALS OR THE CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE.
16. LIMITATION OF LIABILITY
UNLESS OTHERWISE STATED IN MANDATORY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF COVER PURCHASE, DAMAGE TO GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE OTHERWISE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
The above limitation of liability does not apply if the damage incurred by you is due to the Company’s willful misconduct or gross negligence.
17. GOVERNING LAW AND JURISDICTION
THE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FINLAND, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE A COMPETENT FINNISH DISTRICT COURT IN THE FIRST INSTANCE.
18. OTHER TERMS AND CONDITIONS
These Terms and the Agreement constitute the entire agreement between the Company and you with respect to your use of the Services and the Information. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.
This Agreement may not be transferred by you without prior written consent of the Company. The Company may transfer the Agreement without your consent in connection with a sale of the Company or its business or a part thereof.
Intellectual property rights owners who wish to have their materials removed from the Webshop shall contact the address stated above in the Section 1.
The Regulatory authority supervising the operations of the Company is the Finnish Competition and Consumer Authority with the following contact information:
Kilpailu- ja kuluttajavirasto,
postal address: PL 5, 00531 Helsinki
visiting address: Siltasaarenkatu 12 A, 00530 Helsinki.
tel. 029 505 3320