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General terms for online services of Suomen Messut Osuuskunta

1. Applicability

These terms of use (later ”Terms of Use”) will apply to the use of chargeable and free online services (later ”Service”) provided by Suomen Messut Osuuskunta (business ID 0116322-3 later ”Messut”).

Service includes for example online events and web pages of the different events.

The person using the Service (later ”Customer”) confirms that he/she has studied these Terms of Use and commits to comply with them as well as with other terms, instructions and restrictions described within the Service. Customer must us the Service in accordance with applicable laws and good practice and must respect other parties’ rights.

2. Use of the Service

Customer is entitled to use the Service personally as described and limited by these Terms of Use. Customer receives and uses the Service at its own risk.

Some parts of the Service may be chargeable. Use of the Service may require registration, valid ticket and/or user account attached to the Ticket. Other terms and conditions described upon or before the purchase of the ticket may apply for chargeable services. For example, simultaneous use of multiple user names with multiple devices may be restricted.

Tickets are personal and they cannot be assigned to another person after they have been used.

The content, prices and payment terms of the chargeable services are described upon purchase of tickets.

To use the Service Customer needs to have compatible browser, application or other computer program to establish the connection as well as appropriate data network and connectivity at its own cost. Customer is not allowed to connect or use the Service so that it causes unreasonable load or other damage to the network, any other Customer, third party or Messut.

Messut is entitled to restrict or prevent any use of the Service that is against the laws, good manners or protected rights of a third party or that unreasonably loads the service or network offered by Messut, threatens data security or data protection, harms other users of the Service or use of the Service or is otherwise against these Terms of Use or other instructions or rules issued by Messut such as terms accepted by Customer upon purchase of the tickets.

Messut is entitled to prevent Customer’s access to the Service at its discretion, for example if it is necessary to develop, modify, correct or rectify the network or the service, or to perform maintenance work or servicing as well as to comply with laws, instructions of the authorities or for other similar reasons. Messut endeavors to inform Customer in advance for other service breaks than sudden or minor service breaks in a manner Messut deems best, for example in or via the Service.

2.1. Service provision

Service is accessible for use by Customer during the time described and possibly limited upon purchase of the Service or ticket for it.

Messut delivers the Service to Customer in a manner determined by Messut. The Service is deemed faulty if its features substantially deviate from what has been agreed and this deviation significantly prevents use of the Service. Service is delivered to Customer “as is” and Messut does not give any direct, implied or indirect warranties on the functioning or features of the Service. Messut does not warrant that the Service would work without interruptions or errors.

Messut and its contracting parties are not responsible for possible damages caused to the computer systems used or to any information, including data security risks such as viruses.

2.2. Service breaks

Breaks in the Service may occur due to maintenance, excess load or other reasons. Messut endeavors to inform Customer for Service breaks.  Messut is not responsible for unavailability of or disruptions in the Service or part thereof due to Service breaks. If the Service cannot be accessed due to reasons attributable to Messut, Customer must inform Messut customer service thereof.

2.3. User names and passwords

User name for the Service and the account possibly attached to it is personal. User names and passwords shall not be given to other parties without justification. Customer is responsible for all use of its user name and password as well as for all costs and damages that arise from their use. Messut is entitled to restrict use by a user name or prevent access to the Service if the Service is being misused.

Customer shall inform Messut immediately if its user name or password is lost or has been detected by a third party with a notice via e-mail to the following address: asiakaspalvelu@messukeskus.com. Customer is responsible for all use of its user name and password until he/she has sent the notice and Messut has acknowledged the receipt thereof.

Messut follows the usage of the Service and may send a notice to Customer if there is a reason to believe that its user name or password has been used against the Terms of Use. Messut can require an explanation from Customer of its use of the Service to prevent misuse, to ensure Customer’s information security and to remove any limitations set. Explanation will be delivered to Messut via e-mail to the following address: asiakaspalvelu@messukeskus.com or in another manner set by Messut.

2.4. Information provided by the Customer

Customer shall provide to Messut information requested for the performance and implementation of the Service. Customer warrants that all information provided is correct and up to date. Customer shall inform Messut without delay of any changes to the information. The information provided by Customer may also be used to identify Customer when password is being reset. Customer is liable for errors and delays that are caused by providing inadequate or outdated information.

2.5. Terms for the services of other service providers

Service may contain links and connections to third party websites. These third party websites are governed by user and other terms of the respective third party. Messut is not liable for these third parties nor for their privacy policies or content. Customer needs to carefully study the applicable third party terms when moving outside the Service website.

3. Title and copyright to the Service

3.1. Rights of Messut

Title to the Service, its content and layout (including copyright, trademarks and other intellectual property rights) belong  to Messut and its contracting parties or other parties providing content to the Service and it will remain with them.

Customer is not entitled to make available to public, publicly display or store, deliver onward or otherwise use the Service against the rights of Messut and its contracting parties.

Making the Service or part thereof available to public by forwarding, sharing, presenting or displaying publicly as well as storing and making copies of the Service or part thereof without prior express consent of Messut is prohibited. Customer is not entitled to publish or transfer Service or part thereof. This prohibition is valid for both transfers made against consideration and without consideration as well as to situations where Service is made available to third parties. Customer is not entitled to create new work or service based on the Service.

It is prohibited and illegal to dismantle or bypass or to try to dismantle or bypass copy protection and metrics made to prevent unauthorised use of the Service.

Customer is entitled to use the Service according to these Terms of Use but only for private use.

4. Amendments to the Terms of Use and the Service

4.1. Amendments to the Terms of Use

Messut reserves the right to amend the Terms of Use applicable to the Service, prices of the Service and charging principles at its discretion by notifying Customer of the changes in advance is a manner deemed suitable by Messut.

Amendments to the Terms of Use will be made available in the Service or in another similar manner. Unless otherwise specified, the amendments will take effect immediately. By continuing use of the Service the Customer commits to comply with the amended Terms of Use.

4.2. Amendments to the Service

Messut endeavors to improve the Service and ensure that it works without interruptions. Messut is entitled to add, amend, modify or remove content, structure, availability times and other features of the Service or part thereof. Messut is entitled to make free parts of the Service chargeable.  Messut is entitled to stop providing the Service or part thereof due to legitimate reasons.

If amendments or modifications made by Messut require modifications to Customer’s equipment and programs or other measures to be taken by Customer, Messut endeavors to notify Customer of its amendments or modifications well in advance. Customer shall be responsible and bear costs of the modifications required for Customer’s equipment and programs and measures that it is required to take.

5. Liability and damages

5.1. Liabitity of Messut

Messut is liable for the proven direct damages caused to the Customer due to negligence of Messut. Messut is liable to compensate the damages only to the extent Customer’s damages exceed any compensation it may have already received from Messut. The liability of Messut is limited for each Service to the price charged by Messut from Customer for the respective Service.

Messut is under no circumstances liable for any indirect or consequential losses or damages such as loss of profit data or revenue, interruption of service or business arising under or in connection with the Service or these Terms of Use. For the sake of clarity it is stated that Messut is not liable to compensate Customer for any losses or damages arising from faulty operation or disruptions in the Service, non-availability of the Service, mistakes in the Service or discontinuation of the Service or part thereof.

Messut is not liable for services of another service provider or its service content, copyrights or other intellectual property rights relating to such services or content in any way even if such service may be accessed within the Service via link or otherwise.

5.2. Liability of Customer

Customer is liable for its use of the Service and all material downloaded to the Service by it (“Material”) as well as for any distribution of the Material to other networks or to users of the Service. Customer is responsible to ensure that use of the Material and the Material itself does not infringe copyright, industrial rights or other protected rights of third parties and that the Material and its use complies with these terms and with all applicable laws and good practice and that it does not damage or disturb any network, Messut and  its contracting parties, other users of the Service or any other third parties.

Customer is responsible for any breaches of applicable laws, these Terms of Use or good practices and Customer shall compensate any damage caused by it to Messut or to third parties.

6. Data Protection

6.1. Processing of personal data

Messut processes personal data of Customer in accordance with the privacy statement relating to online services of Messut  and applicable data protection laws.

Messut processes personal data inter alia to deliver the Service, for customer communications and customer service, personalisation of the Service, product development, user statistics and to target advertising and marketing.

Messut may send to Customer electronic marketing messages relating to the customer relationship with respect to similar products and services. Customer is entitled to prohibit sending these messages via a link included in such message.

Provided that Customer has consented to receiving direct marketing messages, Messut and its partners may send offers and other messages to Customer according to the consent given.  Such consent can be withdrawn at any time.

Processing of personal data is described in more detail the privacy statement relating to online services of Messut .

6.2. Cookies

Cookies and other technologies are being used in the Service as described in the cookie policy of Messut.

Messut uses cookies inter alia to enable different functionalities of the Service, to identify user, to personalize the Service and other possible matters improving user experience.

7. Other terms

7.2.Assignability

Service is intended for personal use of Customer and right to use the Service cannot be assigned without prior written approval of Messut.

7.3. Force majeure

Messut vapautuvat Käyttöehtojen mukaisista velvoitteistaan siksi ajaksi ja siinä laajuudessa, kun velvoitteiden täyttämättä jättäminen johtuu ylivoimaisesta esteestä.

If an event will be moved to be held on a new time/date Messut will endeavor to ensure that purchased tickets for the Service will be usable during the new time/date. Messut does not reclaim purchased tickets if an event or Service will be cancelled or moved due to a force majeure event. Force majeure events are such events which prevent Messut from performing its obligations or which make performance of those obligations unreasonably difficult and which cannot reasonably have been taken into account when agreement was concluded. Force majeure events result from an external and exceptional cause such as e.g. natural disaster, disruption in distribution of energy, contagious diseases (epidemic or pandemic), general restriction set by the authorities, fire, labor dispute, decisions or actions relating to the place of event, event itself, circumstances or cause that make use of the place of the event or organizing the event significantly or providing the Service more difficult and/or impossible, or any other as significant and unlikely cause. Messut is not liable for any damages or delays, that results from a force majeure event or from its operations becoming otherwise unreasonably more difficult to similar reasons.

7.4. Applicable law and dispute resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Finland. Any disputes between Customer and Messut shall be resolved primarily through negotiations between the parties. However, the Customer may refer the dispute to the district court of their domicile or other body handling consumer disputes in their domicile. In Finland, this body would be the Consumer Disputes Board. Prior to referring the matter to a court of law or some other body settling consumer disputes, the Customer is advised to contact the consumer advisory services of their own country (in Finland Kuluttajaneuvonta).

Information on online dispute resolution for consumers (ODR). The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the these Terms of use with Messut. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

7.5. Consumer protection and other legislation

These Terms of Use do not limit the mandatory rights of the Customer based on consumer protection or other applicable legislation.

8. Validity of These Terms of Use

These Terms of Use become valid on 16.10.2020 and are valid indefinitely.