Last updated: 2 August 2023
These Kohtas Website Terms of Use (the "Terms") apply to the Kohtas' website located at www.kohtas.com, and all associated sites linked to www.kohtas.com by Kohtas Co. Finland Oy ("Kohtas"), a company organized under the laws of Finland and registered in trade register of Finland, business identity code 3124484-1, having its offices at Ludviginkatu 6, 00130 Helsinki, Finland, its subsidiaries and affiliates, including Kohtas' sites around the world (collectively, "Website"). These Terms form a binding legal agreement between you (“You”) and Kohtas.
1. IMPORTANT
Website is a proprietary product of Kohtas, its licensors and suppliers and it's protected by copyright laws and international treaties. The limited right to use the Website defined in these Terms is granted by Kohtas, subject to You strictly following these Terms and any other instructions that Kohtas may have or provide.
By using the Website You indicate that You accept, understand and agree to be bound by the terms and conditions of these Terms. If You don't agree to all the terms and conditions contained herein, You must not use the Website.
Use of a particular Kohtas service may also be subject to guidelines, policies and terms of use applicable to such service which may be posted and changed by Kohtas from time to time. Such guidelines, policies and terms of use shall be applied together with these Terms. In the event of any inconsistency between these Terms and such other specific terms, the specific terms shall prevail.
2. USE OF WEBSITE AND LIMITATIONS THEREOF
Upon terms and limitations hereof Kohtas grants to You for personal, non-commercial use only a limited, non-exclusive, non-transferable right to access, use and view the Website and Website content.
Website content refers to all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Kohtas
You can give feedback to Kohtas about the Website and Content. You acknowledge and agree that all feedback will be the sole and exclusive property of Kohtas and You hereby agree to irrevocably assign to Kohtas all of Your rights, titles and interests in and all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. Feedback means the feedback, comments and suggestions for improvements to the Website that You provide to Kohtas
You acknowledge that You shall be solely responsible for any personal data or information that You choose to disclose and make publicly accessible via the Website, and that under no circumstances Kohtas will be liable in any way for the disclosure and public accessibility of such personal data or information.
You shall not:
(i) Use Website otherwise or for other purposes than expressly granted in these Terms or transfer any information in Website to any other computer or platform without Kohtas' consent, nor assign or transfer any of Your rights and obligations to any third party without the prior written consent of Kohtas;
(ii) Distribute, rent, lease, loan, sublicense or resell the Website or Content or accompanying documentation or any part thereof nor the license or any copy of it;
(iii) Reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create or permit, allow, or assist others to create the source code of any software contained on Website;
(iv) Attempt to scan, or test the vulnerability of any Kohtas' system or network or breach any security or authentication measures; or
(v) Remove, obliterate or otherwise alter Kohtas' or third parties' proprietary rights notices.
(vi) Encourage or enable any other individual to do any of the foregoing.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content presented through the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Kohtas or its suppliers retain all rights not expressly granted in these Terms, including without limitation modifications, amendments, enhancements or upgrades thereof and the accompanies documentation and all intellectual and industrial property rights and other proprietary rights.
Except as expressly authorized by Kohtas or other third parties, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or its content, in whole or in part.
You agree not to access or make an attempt to access any of the Kohtas' services by any means other than through the interface that is provided by Kohtas for use in accessing the service.
4. DATA LICENSE
You grant Kohtas an irrevocable, perpetual, fully-paid and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use any data and information (including but not limited to feedback and comments) collected by Kohtas in order to provide, operate, develop, improve, and/or optimize any of Kohtas' services, and otherwise as permitted by our Privacy Policy.
5. NO WARRANTY
All Content and functionality on the Website is provided ”as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement of third party rights, or any accuracy of the Content appearing in this website or any hyperlinked website. The Website may contain links to third-party websites or resources. You acknowledge and agree that Kohtas is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kohtas of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from any use of such websites or resources. Kohtas makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Website.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Kohtas be liable for any special, direct, indirect or consequential damages whatsoever (including but not limited to, damages for loss of profits, revenues or data), arising out of or in any way related to the use of the Website. You agree to defend, indemnify, and hold Kohtas and its officers and affiliates harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) Your access to or use of any of the Website; or (ii) Your violation of these Terms or any other agreement/license with Kohtas
7. LICENSE PERIOD
You agree that Kohtas may terminate, in its sole discretion, Your use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if Kohtas believes that You have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of Your access to the Website under any provision of these Terms may be effected without prior notice.
8. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the substantive laws of Finland, excluding its choice of law provisions. This Agreement shall not be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG).
All disputes, differences or questions between the Parties with respect to any matter arising out of or relating to this Agreement shall be finally settled in arbitration by three (3) arbitrators in accordance with the Rules of the Arbitration Committee of the Finnish Central Chamber of Commerce pursuant to the regulations in force. The arbitration shall be conducted in Helsinki, Finland, in the English language. Any arbitration award shall be final and binding and may, if necessary, be enforced by any court or authority having jurisdiction.
Notwithstanding the preceding sentences, claims for non-payment of monetary charges may be resolved in the district court of the respondent's place of domicile if the respondent does not contest its payment obligation.
9 MISCELLANEOUS
Kohtas shall not be liable to the other for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of Force Majeure. For purposes hereof, events of Force Majeure are events beyond the control of Kohtas whose effects are not capable of being overcome without unreasonable expense and/or loss of time to Kohtas Events of Force Majeure shall include (without being limited to) war, acts of government, export regulations, acts of terrorism, natural disasters, loss or malfunctions of utilities, network, communications or computer (software and hardware) services, fire and explosions.
If, at any time, any provision of these Terms is deemed by a court of competent jurisdiction to be 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. The invalid provision shall be replaced by a valid one which achieves to the extent possible the original purpose and commercial goal of the invalid provision. Kohtas may update or alter these Site Terms subject to its sole discretion. New version of the Terms shall be available in Website.
A failure to exercise, or any delay in exercising, on the part of either party, any right or remedy hereunder shall neither operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.