By using the Avec Mobile web pages (hereinafter called the “Site”), you agree to be legally bound by the following terms and conditions.
If you do not agree with these terms and conditions, you may not use this site. Any access or use of this site shall be deemed to consitute acceptance by you of these terms and conditions, which shall take effect immediately on your first use of this site.
You shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use this Site and all related charges.
2. YOUR CONDUCT
The right to use this Site is personal to You and You may not transfer your right to any other person and/or entity. Andalys shall have the right at any time to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
You agree that You shall use this Site for lawful purposes only, and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use of this Site. This prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content.
This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and/or sound, and the entire contents of this Site are copyrighted as a collective work under the laws of Finland and international treaties. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the content of this Site in any way except for you own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content of this Site except for Your own personal, non-commercial purpose. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. For avoidance of doubt You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
The provisions of this Section 2 are for the benefit of Andalys, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3. DISCLAIMER OF WARRANTY
You expressly agree that use of the site is at your sole risk. Neither Andalys or its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this site will be uninterrupted or error free, nor do they make any warrants as to the results that may be obtained from use of this site, or as the accuracy, reliability or content of any information, service, or possible merchandise provided through this site.
This site is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
4. LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ANDALYS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
In no event will Andalys, or any person or entity involved in creating, producing, or distributing content of this site be liable for any direct, indirect, incidental, special, consequential or punitive damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from you access to, or use of, this site.
Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you. The liability of Andalys would in such case be limited to the greatest extent permitted by applicable law.
IN ADDITION, NEITHER ANDALYS NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST OF PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, ANDALYS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
You acknowledge and agree that the provisions of this section 4. shall apply to any and all content on this site.
You agree to defend, indemnify and hold harmless Andalys, its affiliates and their respective employees, agents, third party content providers or licensors from and against all claims and expenses, including attorney’s fees, arising out of the use of this Site by You or Your Account.
Either Andalys or You may terminate this agreement at any time. In addition, Andalys may, in its sole discretion, at any time terminate Your access to the Site and/or Your User Account in the event of any conduct which Andalys, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of these terms and conditions. However, these terms and conditions may become effective again in accordance with these terms and conditions.
The rights and responsibilities under Sections 3, 4, 14 and the provisions of Sections, which are meant to be in force after the termination, cancellation or expiration of this Agreement, shall survive the termination or cancellation of this Agreement.
7. ENTIRE AGREEMENT
This agreement and any other terms and conditions imposed on this Site by Andalys at its sole discretion constitute the entire agreement between Andalys and You with respect to the subject matter hereof and supersede all prior agreements, proposals, undertakings and other representations and communications between Andalys and You.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach of default.
The Section headings used in these terms and conditions of use are for reference only and shall not affect the construction of these terms and conditions.
If any part of these terms and conditions of use is held to be invalid or unenforceable such determination shall not invalidate any other provision of these terms and conditions of use.
11. COPYRIGHT AND TRADEMARKS
Copyright © 2003 – 2009 Andalys Ltd. All rights reserved.
Andalys and Avec Mobile and their logos are either trademarks or registered trademarks of Andalys. All rights reserved. All other trademarks appearing on this Site are the property of their respective owner. Your access to this Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on this Site without the prior written consent of Andalys or the third party owner thereof.
In addition, this Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and/or sound, and the entire contents of this Site are copyrighted as a collective work under the laws of Finland and international treaties (hereinafter called to the “Copyrighted Material”). All Copyrighted Material appearing on this Site are the property of Andalys and/or its third party content providers.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed and construed in accordance with the laws of Finland without regard to its choice of law provisions.
All disputes arising out of or in connection with this Agreement shall be resolved in the district court of Helsinki (Helsingin käräjäoikeus).
1. NON-PERSONAL INFORMATION COLLECTED AUTOMATICALLY
Please note that Andalys may provide aggregate statistics about its customers, sales, traffic patterns, and related site information to third parties. These statistics will not include personally identifying information.
In addition, this Site uses technology that makes it possible to collect certain technical information like Your Internet protocol address, computer’s operating system, browser type, traffic patterns and the address of any referring Internet site.
2. COLLECTING AND USING INFORMATION
You may access certain areas of this Site without registration and without giving any information about Yourself.
From time to time, You will be asked to submit personal information about Yourself in order to receive or use services on our Site. The asked information may include for example, but not limited to, Your name, address, telephone number, fax number and e-mail address. Such services may include for example, but not limited to, newsletters, Alert letters and message boards.
Any information provided by You to Andalys will only be used within Andalys and by its service providers. Andalys will never supply information to anyone outside Andalys without obtaining you consent firstly, unless Andalys is obliged and/or permitted by law to disclosure it.
3. COOKIES AND VISITOR IDENTIFICATION
We may place cookies on Your computer. The cookies are small files that a web site places on Your hard drive for record-keeping purposes. Andalys does not use the cookies for reading data form Your computer, but it uses the cookies generally for the purpose of providing You with information from this Site.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Some web browsers can be set to alert You when You are receiving a cookie and to give You the choice to accept or reject the cookie. If You choose not to accept a cookie from this Site some pages of this Site may not function properly and You may not be able to order, download or use software from this Site.
If You are under the age of eighteen (18), You may not make purchase or legal acts on this Site without consent from your parent or legal guardian, unless permitted by applicable law.
We point out to You that there are always risks associated with providing personal information, whether in person, by telephone or over the Internet, and no system of technology is completely safe, Andalys has endeavoured to take appropriate measures to prevent and minimize risks of unauthorized access to, improper use and the inaccuracy of Your personal information.
6. UPDATING AND CORRECTING PERSONAL INFORMATION
Andalys will on its own initiative, or at Your request, replenish, rectify or erase any incomplete, inaccurate or outdated personal information, retained by Andalys in connection with the use of this Site.
To view or change Your registration information, go to the Newsletter-section of the Site and follow the instructions. You may also send Us a request to change Your information by contacting us through any of the contact points listed below.
7. HOW TO CONTACT US
8. COPYRIGHT NOTICE
Copyright © 2003 – 2009 Andalys Ltd. All rights reserved.