GENERAL TERMS OF USE FOR AINUA BEAUTY WEBSITE (SCROLL TO THE END FOR PRIVACY NOTICE)
30th September 2020
1 APPLICATION
1.1 Sidereus Oy (Business ID: 2795870-2, postal address: Lohensuomu 3 D, 02170 Espoo, Finland, e-mail address: info@ainuabeauty.com, the “Provider”) maintains and provides the Ainua Beauty website at the domain ainuabeauty.com (the “Website”) under these General Terms of Use for Ainua Beauty Website (the “Terms of Use”). By registering as a user of the Website or by use of the Website, you agree to the Terms of Use and undertake to comply with them.
1.2 A user of the Website means a person who visits the Website or who registers as a user of the Website (hereinafter “User”). Only a person who is of a full legal age or who has a consent of his/her legal guardian may register as a user.
1.3 A User who does not agree to the Terms of Use or who does not meet the conditions of the Terms of Use has no right to use the Website.
2 WEBSITE
The Website comprises of pages promoting the Provider’s beauty care products and other related content.
3 RIGHTS AND OBLIGATIONS OF THE USER
3.1 The Website may only be used for the User’s private, non-commercial and lawful purposes in accordance with these Terms of Use. In addition to the Terms of Use, the User agrees to comply with any other terms or conditions presented by the Provider on the Website or in connection with it, such as conditions applied to possible campaigns or discounts.
3.2 The User may not compromise the operation or security of the Website. The User is prohibited from hacking or attempting to hack the Website, or from in any other manner disrupting, hindering or disturbing or attempting to disrupt, hinder or disturb the operation or security of the Website. It is prohibited, including but not limited to, for a User to attempt to access such content of the Website which is not intended for the User, to log or to attempt to log into an account for which the User has no access rights, to test or to attempt to test the vulnerability of the Website, to bypass or to attempt to bypass safety measures of the Website, or to disrupt, hinder or disturb or to attempt to disrupt, hinder or disturb the use of the Website or access to it by the Provider, other User or a third party.
3.3 It is prohibited to submit or share content to or on the Website (such as reviews, likes, photos, links, files, writings, texts or other such material, hereinafter “Content”) which is illegal, infringes the rights of third parties, or is otherwise infringing, misleading, disrupting or unethical. The User is responsible for ensuring that any Content submitted or shared to or on the Website by the User meets the aforementioned requirements. The User is also responsible for having all the necessary rights (such as copyright) and consents for submitting or sharing the Content in question to or on the Website.
3.4 The User is responsible for the devices, software and connections that are needed for the use of the Website and for the operation and costs thereof.
4 RIGHTS AND OBLIGATIONS OF THE PROVIDER
4.1 The Provider provides the Website “as is”. The Provider strives to provide a service that is of as high quality and undisturbed as possible, but it does not give any warranty for functionality, accuracy or undisrupted availability of the Website nor for fitness for any particular purpose.
4.2 The Provider is not responsible to the User any information or content submitted or shared to or on the Website by other Users or third parties.
4.3 As a rule, the Provider does not review information or Content submitted or shared to or on the Website by other Users or third parties. However, the Provider is always entitled to decide on whether or not to accept such information or Content, and on whether such information or Content is suitable for the Website. The Provider may, at its sole discretion and without prior notice, remove or modify information or Content submitted or shared to or on the Website by a User or a third party, or to prevent the provision, delivery or sharing of such information or Content. Information and Content submitted or shared to and on the Website by a User or a third party do not necessarily represent the view of the Provider.
4.4 The Website is a constantly developing service and the contents and properties of the Website may change. The Provider may, at its sole discretion, and without prior notice, at any time add, remove or modify the Website, any parts of it and its functionalities. The Provider may also terminate the provision of the Website at any time and without prior notice. The Provider may prevent access to the Website or restrict the use of the Website or parts of it, if it is necessary in order to conduct maintenance or modification work, software or device updates, fix errors, maintain data privacy, prevent excess burden or misuse or for any other similar important reasons.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 The Website and its content are protected under the Copyright Act and international conventions. All Intellectual Property Rights in or related to the Website as well as of related documentation shall remain the exclusive property of the Provider or its contractual partners. “Intellectual Property Rights” shall mean copyrights and related rights, database and catalogue rights, rights on photographs, patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
5.2 The User is granted a restricted, personal and non-transferable right to use the Website in accordance with these Terms of Use. The right to use the Website is user-specific and the User may not lend, rent, pledge, hand over or in any other way transfer the right of use to a third party. The User may not save, publicly show, transmit, further transfer, copy, modify, or create derivative works or any other services from the Website, or any of the technology related thereto, in any other way than as provided in these Terms of Use and copyright legislation. The User may not use the Website in a manner that infringes the intellectual property rights of the Provider or any third party.
5.3 The User may not attach the Website or any part of it to another website or service. It is prohibited to circumvent, modify or remove or attempt to circumvent, modify or remove possible copy protection, copyright symbols, copyrights or other marks.
5.4 The User grants the Provider an unrestricted, world-wide and non-remunerated right to use the information and the Content the User has submitted and shared to and on the Website for the marketing, sales and communications of the Website, or for the development of the Website. The right of use of the Provider under this Section 5.4 will continue even after the User’s right to use the Website has terminated.
6 PAYMENTS
The User may use the Website free of charge.
7 TERM AND TERMINATION, AMENDMENTS
7.1 The User is bound by these Terms of Use for as long as the User uses the Website. The User can discontinue the use of the Website at any time. A registered User can delete his/her user account at any time. Alternatively, a registered User may also contact the Provider and request in writing that his/her user account is deleted.
7.2 The Provider may terminate the User’s right to use the Website by notifying the User thereof at least 14 days in advance, either through the user account, by e-mail or otherwise in writing. Additionally, the Provider has the right to immediately terminate the User’s right to use the Website in case:
7.3 Sections 5.4, 8 and 11 of the Terms of Use remain in effect and will continue to apply even after the User no longer uses the Website or the User’s right to use the Website has terminated.
7.4 The Provider has the right to amend the Terms of Use, at its sole discretion, and at any time. The Provider aims to notify of the amendments in a timely manner, for example on its website, by e-mail and/or through user accounts. If the User acknowledges his/her acceptance of the new Terms of Use or continues to use the Website, the User accepts the new Terms of Use and agrees to comply with them.
8 LIMITATION OF LIABILITY
The Provider’s liability for damages it or the use of the Website has caused to the User is always limited to the maximum extent permitted by mandatory law. The Provider shall not be liable for any indirect damages caused to the User unless otherwise required by mandatory law.
9 DATA ON USERS
9.1 By using the Website or registering to it, the User grants the Provider the right to process information about himself/herself. The Provider complies with the personal data legislation in force in Finland in the processing of personal data. The processing of personal data is described in more detail in the Provider’s Privacy Notice valid at the time, which can be viewed on the Website.
9.2 The Provider has the right to use data generated from the use of the Website to provide the Website, to fix possible errors, to develop services and functionalities and to fulfil and exercise rights and obligations provided in the Terms of Use. The Provider has the right to use the User’s information for marketing purposes if the User has given his/her consent for this.
10 FORCE MAJEURE
The Provider is released from its obligations under these Terms of Use and from the obligation to pay damages and to make other payments under these Terms of Use provided that such non-performance or delay is due to an event of force majeure. An exceptional event which prevents the Provider from fulfilling its obligations hereunder, which was not reasonably foreseeable to the Provider at the time of committing to these Terms of Use, which is beyond the control of the Provider and the effects of which are not capable of being overcome without unreasonable expense and/or loss of time by the Provider shall be deemed an event of force majeure. The Provider is released from its afore mentioned obligations due to force majeure for the period during which an event of force majeure has demonstrably taken place.
11 APPLICABLE LAW AND DISPUTE RESOLUTION
11.1 The Terms of Use shall be governed by and construed in accordance with the laws of Finland.
11.2 If a dispute arising out of the Terms of Use cannot be resolved through negotiations between the Provider and the User, such dispute shall be settled by the District Court of Helsinki in Finland.
12 MISCELLANEOUS
12.1 The Website may include links and references to websites, services and applications of third parties. The terms of use and other terms of the third party in question shall apply to such websites, services and applications. The Provider is not responsible for the use, security, content or terms of use of any third-party website, service or application.
12.2 If, at any time, any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
12.3 These Terms of Use shall upon their entry into force supersede all prior written and oral agreements, understandings and commitments between the Provider and the User which relate to the Website.
12.4 The User may not assign or transfer the Terms of Use or any of his/her rights hereunder to a third party without a prior consent by the Provider. The Provider may assign or transfer the Terms of Use and its rights and obligations hereunder either entirely or partly to a third party provided that the transferee or assignee agrees to comply with the Terms of Use.
12.5 The Provider may use subcontractors to maintain and provide the Website.
13 CONFIRMATION
The User acknowledges and agrees that he/she has read and understood the Terms of Use and agrees to comply with them.
PRIVACY NOTICE FOR AINUA BEAUTY WEBSITE (SCROLL TO THE TOP FOR GENERAL TERMS OF USE)
30th September 2020
1 OUR CONTACT DETAILS
2 WHAT TYPE OF INFORMATION WE HAVE
We currently collect and process the following information:
3 HOW WE GET THE INFORMATION AND WHY WE HAVE IT
Most of the personal information we process is provided to us directly by you by having contacted us via e-mail and/or other means of messaging (such as through the forms on our website)
Under the General Data Protection Regulation (GDPR), the lawful base we rely on for processing this information is your consent. You are able to remove your consent at any time. You can do this by contacting us at the addresses given above.
4 WHAT WE DO WITH THE INFORMATION WE HAVE
We use the information that you have given us in order to send you e-mails related to the subjects of our website (such as for the sharing of recipes) and possibly to other closely related topics, sometimes for marketing purposes.
We will not share this information with any third party.
5 HOW WE STORE YOUR INFORMATION
Your information is securely stored on our servers (or on those of our service providers such as MailChimp).
We keep the personal information we store for a period of ten years. We will then dispose your information by securely erasing any copies thereof stored on our servers.
6 YOUR DATA PROTECTION RIGHTS
Under data protection law, you have rights including:
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
Please contact us at the addresses given above if you wish to make a request.
7 HOW TO COMPLAIN
You can also complain to the Data Protection Ombudsman if you are unhappy with how we have used your data.
The Data Protection Ombudsman’s address:
We will not share your e-mail address with any third party and will only use it to inform you of any relevant project updates.
