DUUNIKOUTSI – TERMS OF USE
Updated 29 June 2023
Welcome to the Duunikoutsi service owned and maintained by Nuorten yrittäjyys ja talous NYT ry (Business ID: 0202391-9, address: Eteläranta 10, Helsinki, Finland).
1. GENERAL
Nuorten yrittäjyys ja talous NYT ry (hereinafter referred to as “NYT”, “we” or “the Association”) provides you with the Duunikoutsi mobile and online app (hereinafter referred to as “the Service”). User of the Service means a natural person (hereinafter referred to as “the User” or “you”) who creates a user account in the Service and uses the Service.
These terms of use of the Service (hereinafter referred to as “the Terms of Use”) define the legal relationship between the User and the Association when the User deploys and uses the Service. By signing up for the Service and/or otherwise using the Service for the first time, the User accepts these Terms of Use as a binding agreement (hereinafter referred to as “the Agreement”) between the User and the Association.
By signing up and setting up a user account (hereinafter referred to as “the User Account”) for the Service and/or otherwise using the Service for the first time, you confirm that you are legally competent to enter into the Agreement with the Association and that you will comply with the Agreement and applicable legislation when using the Service.
However, if the Association finds, for example, that you are underage or for some other reason in fact or possibly, or in part or in full, ineligible to enter into the Agreement, you must present the Association with your guardian’s or other trustee’s consent to entering into the Agreement – the consent can be given to the Association, for example, by e-mail to tuki@nuortennyt.fi.
If the necessary approval is not provided to the Association within a reasonable amount of time, there will be no Agreement between the User and the Association.
The User may not use the Service if there is no valid Agreement between the User and the Association.
2. SETTING UP A USER ACCOUNT AND USER CREDENTIALS
The User can create a User Account by signing up for the Service.
Upon signing up, the User must provide the information required by the Service truthfully. The Association has the right to verify the accuracy and suitability of the information provided by the User for the use of the Service. The Association has the right to unilaterally cancel the Agreement with immediate effect due to the incompleteness or inaccuracy of the provided information.
The User is fully responsible for the activities carried out through the User Account, as well as for the secure use, storage, maintenance, confidentiality and other similar processing of the password and any other user credentials associated with the User Account.
If the User notices that another person has used the Service with the User’s password or any other user credentials without the User’s approval, the User shall report the matter without delay by sending e-mail to tuki@nuortennyt.fi. The Association has the right to unilaterally suspend the provision of the Service to the User on the basis of misuse of the password, any other user credentials or otherwise relating to the User Account login.
3. PURPOSE OF THE SERVICE
The Service is designed to prepare young people of secondary school age and above to familiarise themselves with working life skills, identify and articulate their own strengths, as well as to accumulate their skills profile and prepare a skill-based resume (i.e. CV). The User has the right to use the Service only for the purposes mentioned in this section.
4. PAYMENTS
Using the Service is free of charge.
5. RIGHTS AND OBLIGATIONS OF THE USER
The User is responsible for the computer and mobile equipment, other communication devices and connections (including, but not limited to, the condition of the devices, software other than the Service, anti-virus and backups required by the User) and other similar IT environments required for using the Service.
The User undertakes to use the Service only for the purposes specified in the Agreement or for purposes that are in accordance with the compelling legislation applicable to the Agreement and/or the Service or official guidelines issued on the basis thereof.
Selecting usernames and any other user credentials that are contrary to good manners and/or violate the rights of other users is prohibited.
The User undertakes not to act in a manner that interferes with or otherwise harms other Users, the Service or the servers or other IT environment (including, but not limited to, telecommunication networks and software) necessary for or otherwise connected to the provision of the Service.
The Service may contain links to other websites. The User visits third-party websites at their own risk.
The User undertakes not to send, transmit, receive or store any material from or through or with the Service that is false, contrary to good practice or legislation, and undertakes not to encourage others to do so.
The User undertakes not to send, transmit, receive or store any material from or through or with the Service that is protected by copyright, trademark right or other intellectual property rights, unless they are the rightsholder or have been explicitly given permission to do so by the rightsholder. In all other respects, the User is responsible for ensuring that they have the right to send, receive, transmit or store the desired material in the Service.
Without the express written permission of the Association or any other rightsholder, the User shall not, except for the purposes of this Agreement, use, distribute, publish, copy, modify, edit, make available to the public or otherwise commercially exploit Protected Material (see section 6), unless otherwise provided by applicable compelling legislation.
6. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
All rights to the Service, including but not limited to copyright, trademark and all other intellectual property rights, are the exclusive property of the Association or a third party. The Service may also contain material protected by copyright, trademark rights or other intellectual property rights of the Association or a third party (hereinafter referred to as “the Protected Material“).
The Association has the right to use the content and material saved by the User in the Service or published in the Service for the purpose of conducting, developing and marketing its business and for the improvement, development and other similar purposes of the Service. When the Association exercises this right, neither the individual user nor the information stored by them will be published in such a way that the user can be identified or combined with the information stored by them.
The Association only acts as the administrator of the Service. Therefore, the Association is not in any way liable for the Users of the Service or the Users’ activities in the Service, their manner of using the Service or their behaviour, or any other similar actions or inactions of the Users related to the Service.
The Association does not in any way guarantee the operation or features of the Service or that the Service operates without interruption and/or is error-free.
The Association has the right to temporarily suspend the Service or a part thereof due to maintenance, installation, modification work, public order and safety, excessive load on the system or other similar reasons.
The Service is provided “as is.” The Association does not in any way guarantee the quality, independence, commerciality, suitability for a particular purpose or the inviolability of rights of the Service.
The Association has the right to enable the Service to offer the opinions, advice, offers or other information of third parties. Third parties are fully responsible for the information they share in the Service.
The Association is not in any way liable for the content of the Service or its accuracy, except for the information content produced by the Association itself.
The Association has the right to remove from the Service material (i) which the Association has prohibited from being reported or presented in the Service, (ii) which, in the Association’s opinion, is contrary to law, good practice or this Agreement, inappropriate or incorrect, (iii) which is harmful or harmful to the Association, the User or a third party, (iv) which involves any legal ambiguities or offensive information, or (v) which contains or involves content unfavourable or inappropriate to the Association’s brand.
7. DAMAGES AND LIMITATION OF LIABILITY
Neither the Association nor its partner companies (including, but not limited to, licensors and other service providers) shall be liable in any respect for any damage or loss to the Service, the use of the Service, or any User or third party arising out of or in connection with the Service, even if the Association has been advised of the possibility of such damage or loss, including, but not limited to, the following situations, circumstances and features that may cause damage or loss:
- Obstruction of use of the Service and content of the Service;
- Service outages, malfunctions, technical failures, malicious software or network links;
- accidents or crimes related to the use Users’ use of the Service or negligence;
- Action or inaction by Users in accordance with the Terms of Use (including, among other things, material stored by Users in the Service);
- Information or notices of Users or third parties available through the Service;
- incorrect or inadequate user information; or
- the nature of the damage, direct or indirect.
The restrictions do not apply to damage caused intentionally or through gross negligence.
8. DATA PROTECTION
The Association is the controller of the User’s personal data – the privacy policy is available here.
9. VALIDITY, TERMINATION AND EFFECTS OF TERMINATION OF THE AGREEMENT
The Agreement enters into force when the User accepts the Terms of Use or otherwise uses the Service for the first time.
The Agreement is valid until further notice. However, the User may terminate the Agreement with immediate effect by e-mail or through the Service for any reason or no reason. The Association has the right to terminate the agreement for no reason with a notice period of one (1) month.
The Association may unilaterally discontinue (in whole or in part) the provision of the Service to all Users or some Users as a group without notifying the Users separately. In this case, the Agreements of the said Users shall terminate with immediate effect.
Upon termination of the Agreement, the Association shall close the User’s User Account and remove any material stored by the User from the Service; 14 days after the termination of the Agreement, the User shall have no rights related to the termination of the Agreement and the Association shall have no other obligations related to the termination of the Agreement.
In addition to the above, the Association has the right to close the User Account and terminate the Agreement without a period of notice if the User is in breach of this Agreement, applicable legislation or good practice or if the User has not logged into the Service within twelve (12) months. Upon termination of the Agreement for the reason described above, the User Account will be closed and any material saved by the User will be deleted immediately.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
The Agreement is governed by the laws of Finland, with the exception of its connecting factor rules.
Any disputes arising from the Agreement between the User and the Association shall be settled in the general courts of Finland, with the Helsinki District Court as the first instance.
11. MISCELLANEOUS
Both the Association and the User shall be released from their obligations under the Agreement for the period and to the extent that the non-performance of the contractual obligations is due to an event of force majeure.
The Association has the unilateral right to make amendments to the Agreement. The Association shall notify the Users of the amendments by e-mail or through the Service. The amendments enter into force and become binding on the User at the earlier of: (i) fourteen (14) days after the notification has been made, or when the User first uses the Service after the amendments have been made.
The User may not, without the prior written consent of the Association, transfer the Agreement or grant rights to the Service to a third party (by licensing or otherwise). The Association has the unilateral right to assign or transfer its rights and/or obligations under the Agreement in whole or in part.
The Association does not in any way waive its rights by not using or otherwise invoking its rights under the Agreement on a case-by-case basis (e.g. the right to compensation).
If any provision of this Agreement is found to be legally invalid, the Agreement shall otherwise remain in force and the Association shall have the right to unilaterally replace the provision found to be invalid with another provision that is substantially equivalent to it.
Notwithstanding the termination of the Agreement, sections 4–7 and 10 shall remain in force between the User and the Association.
