1. General
1.1 The Object of the Terms of Use and Description of Service. WordDive Ltd, address: Verstaankatu 1, 2F, FI 33100 Tampere, Finland (hereinafter referred to as the “Company”) offers services and products, such as the WordDive service (hereinafter referred to as the “Service”), to its users (hereinafter referred to as the “Customer”) according to these Terms of Use. The exact content of the Service is determined in the descriptions and special terms of Service, presented on the Service website or otherwise at the time of ordering the Service.
1.2 Applicable Terms of Contract and Order of Application. These Terms of Use apply to the Service and the use and ordering of services and products produced by Company and offered through the Service. In addition, different parts of the Service may require separate contracts with the Company, with special terms and descriptions of service that differ from or add to these terms. In case these general terms and the specific terms concerning a certain part of the Service are in conflict, the more specific terms will apply primarily, and these general terms secondarily where the part of the Service in question is concerned.
Note especially the special terms for the following parts of the Service:
Finland, English for the Matriculation Exam course: www.worddive.com/fi/kielikurssit/englannin-abikurssi/#conditions
Finland, Swedish for the Matriculation Exam course: www.worddive.com/fi/kielikurssit/ruotsin-abikurssi/#conditions
1.3 Chargeable Services. The Customer can order the different products or services available through the Service by online payment, credit card payment or by using another specified method of payment. The Company will announce the price of each product or service according to method of payment and the Terms of Delivery complementing these terms separately.
1.4 Customer’s Right of Withdrawal. The Customer has no right of withdrawal of the order after the delivery of the product or service has begun by electronic means with the Customer’s agreement.
1.5. Customers under the age of majority. The use of the Service is allowed only for persons 16 and over.
2. Beginning of Contract
2.1 Beginning of Contract in Service. The contract begins when the Customer, during registration, has agreed to these Terms of Use and the Privacy Policy of the customer registry of the Company’s WordDive service and when the Company has acknowledged the Customer’s payment for the purchase of the product or service.
2.2 Validity of the Information Provided by the Customer in the Service. The commissions of the Customer made in the Service are handled and delivered according to the information provided by the Customer. The Customer is responsible for the validity of the given information, and the Company has no obligation to check or add to the information.
3. Identification
3.1 Means of Identification. The use of certain parts of the Service requires a username and a personal password or another means of identification accepted by the Company. The email address provided by the Customer will function as the username.
3.2 Customer’s Means of Identification. The Company gives the Customer usernames, passwords and other possible means of identification for the purpose of using the Service during the contract period and only for the agreed-upon purpose compliant with these Terms of Use. The Customer does not have the right of ownership to these means of identification, and has no right to continue using them after the end of the Contract, unless otherwise agreed or legally required.
3.3 Company’s Right to Change the Means of Identification. At any time, the Company has the right to change the Customer’s means of identification. If possible within reason, the Company will inform the Customer of any changes in means of identification beforehand.
3.4 Safekeeping of the Means of Identification. The Customer is responsible for the careful safekeeping of the Customer’s means of identification. The Customer agrees to keep the password and any other possible, additional means of identification separate so that a third party cannot access them. The password used in connection with the means of identification is personal and is not to be given to a third party.
4. Production and Use of Service
4.1 Production of Service. The Company has the right to produce the Service in any way it deems fit. The Company has the right to make changes that affect the content, technology and use of the Service. If these changes require changes in the Customer’s equipment and software, the Customer must, at his or her own expense, take care of them. The Company strives to issue information on those changes affecting the Customer beforehand within a reasonable time, for example, by notifications published through the Service.
The Company has the right to stop the production of the Service or its part. In this case, the Company strives to inform the Customer of this beforehand within a reasonable time, for example, on the Service website.
4.2. The information material produced by Customers using the Service. As described in more detail in the Company’s privacy policy and pursuant to the applicable laws regarding the handling of personal information, the Company has the right to collect, save and process all information material created by Customers using the Service. This means, for instance, answers to the exercises that are written or recorded by the Customer during the use of the Service. All information material produced by Customers using the Service will remain the property of the Company, and the Company has the right to use it in ways described in the privacy policy. Unless otherwise decreed in the privacy policy or applicable information processing legislation, the Customer has no right to the answer information material written or recorded by the Customer during the contract or after the end of the Contract.
4.3 Right to Use Concerning the Material Published in the Service. The Service includes and provides material protected by copyright, trademark rights and other immaterial rights. Without specific written consent from the creator, holder of rights or the Company or specific announcement of a wider right to use in the Service (for example, for press releases), the Customer has no right to distribute, publish, copy, distribute to the public or otherwise utilize material that is acquired from or through the Service except for the Customer’s own private use. The holder of rights of the material presented in or available through the Service may make demands directly to the Customer in case of the inappropriate use of protected material as defined in this section.
4.4 Right to Use Concerning Software and Documents. The Company grants the Customer the right to use the machine code versions of the software and documents delivered by the Company according to the contract. According to the right to use, the Customer may use the software and documents only according to the possible licensing conditions accompanying the software, the instructions of the Company, and only directly pertaining to the use of the Service. The ownership and immaterial rights of software and documents, as well as their revised versions, are the property of the Company or a third party (such as the principal or subcontractor of the Company), and the Customer has no right, without a prior written agreement from the Company, to copy, translate or change documents or software or distribute them for the use of a third party, unless otherwise compelled by imperative law.
4.5 Customer’s Equipment and Software. The terminals, software and connections (such as connections to a mobile communication network and the Internet) that are required to use the Service are not included in the Service. The Customer is responsible for acquiring, maintaining and updating these devices, connections and software. In addition, the Customer is responsible for these devices and software not interfering or disturbing the functioning of the Company or the Service. Devices and software that may be causing disturbances must immediately be disconnected from the Service.
5. Maintenance of Service and Repairing of Defects
5.1 Maintenance of Service and Repairing of Defects. The Company strives to take care, to the best of its ability, of the functionality of the Service and to repair any possible defects in the Service within a reasonable time.
5.2 Temporary Interruptions. The Company has the right to close the Service or a part of it temporarily if there is justifiable reason to do so. In this case, the Company strives to work so that the interruption will be as brief as possible and cause as little disadvantage to the Customer as possible. The Company will, within its capabilities and beforehand if necessary, inform the Customer of the interruption, for example, on the Service website.
6. Reclamations Concerning the Service and Liability for Damage
6.1 Customer Reclamations. If the Customer notices a defect in the service, the Customer must make a reclamation and request a correction within a reasonable time after the defect was or should have been noticed. The reclamation can be made electronically through https://www.worddive.com/en/contact or by emailing info@worddive.com.
6.2 Correction of the Defect. In case the Company offers, without delay, to correct the defect pointed out by the Customer, the Company has the right to correct the defect. In case the defect cannot be corrected or is not corrected within a reasonable time after the Customer pointed it out, the Customer has the right to receive a price reduction relative to the defect.
6.3 Liability for Damage. The Customer has the right to demand compensation for direct damage according to the Consumer Protection Act sections regarding compensation. The Company is not liable for damage caused by the defect in case the defect is caused by a reason unrelated to the Company or a hindrance outside the Company’s sphere of influence. The Customer has the right to be compensated for indirect damage caused by the defect only when the defect is caused intentionally by the Company or is caused by negligence on the part of the Company. The Customer is always obligated to act so that the damage caused by the defect does not increase needlessly due to the Customer’s actions or negligence. The Company is only liable to consumer Customers for damage caused by the defect.
6.4 Responsibilities in Sales to Companies and Educational Institutes. The products and services are always sold as is. The Company is not liable for direct or indirect damage or loss of profit caused by defects in the products or services and/or the use of the products or services. The liability of the Company is always limited according to the content of these Terms of Contract.
6.5 Defects in Customer Controlled Devices or Software. If the Customer, knowingly or despite being notified by the Company, uses defective or disruptive devices or software, the Customer is liable to compensate the Company for any possible damages and the expenses of searching for the defects.
7. Payments and Billing
7.1 Payments for Service. The Customer pays for the use of the chargeable parts of the Service according to the price list or contract. The prices of the Service are available on the Service website at www.worddive.com. The Company may use third party billing services to exact the payments for the use of the Service. In these cases, the payments for the use of the Service are exacted according to the billing periods and terms as defined in the contracts between the third parties in question (such as mobile communication operators) and the Customer, unless otherwise specified in the Service.
The payments are exacted in advance for each billing period. Payments must also be made in case of Service downtime caused by the Customer or a reason the Customer is responsible for. In case of end of contract, the Company will not refund the Customer for advance payments.
7.2 Price Changes. The Company reserves the right to change its prices and the payments for the use of the Service. The current prices are announced on the Service website.
7.3 Methods of Payment. The products are paid in conjunction with the order. The available payment services depend on the country in question. One or more of the following payment services are available in each country for the users of the webstore: www.worddive.com
Apple App Store
Apple
1 Infinite Loop
Cupertino, CA 95014
UNITED STATES
Apple App Store provides tightly integrated and easy payments for Apple devices.
Klarna AB
Sveavägen 46
SE-111 34 Stockholm
SWEDEN
Klarna Group is the leading European payment provider. Their idea is to simplify buying.
PayPal Europe
22-24 Boulevard Royal
L-2449 Luxembourg
LUXEMBOURG
PayPal is the leading online payment service in the world.
Paytrail Oyj
Business ID: 2122839-7
Innova 2, Lutakonaukio 7
40100 Jyväskylä
FINLAND
Phone: +358 20 718 1830
www.paytrail.com
Paytrail Oyj (2122839-7) provides netbank related payment transfer services in co-operation with Finnish banks and credit institutions. Paytrail Oyj will be shown as the recipient in the invoice and Paytrail Oyj will forward the payment to the merchant. Paytrail Oyj is an authorized Payment Institution. For reclamations, please contact the website you made your payment to.
8. Duration of Contract and the Usability of Personal Parts of Service
8.1 Running Time of Personal Services and Products. For the fixed-period parts of the Service, the Company will announce the running time of that part either during the ordering of the service or in some other way within the Service. The Customer must note that the Service and its inherent characteristics are not eternal by nature, and the Company does not guarantee that the Service or the products or services purchased through it will remain unchanged. The username and other personal data connected to the Service are stored for a minimum of twelve (12) months after the latest contract period of the Customer has ended. After this, the Company has the right to remove the Customer’s username and other personal data connected to the Service. More information about the processing of personal information during the use of the Service is available in the Privacy Policy of the Company’s WordDive service.
9. Closing the Customer’s Service
9.1 Company’s Right to Close the Service. The Company has the right to close the Customer’s Service completely or partially and leave the Customer’s order unfulfilled if:
9.1.1 The Customer has neglected to make a due payment despite being sent a reminder,
9.1.2 Despite notification by the Company, the Customer uses disruptive devices or software,
9.1.3 By use of the Service, the Customer has caused disruption to the Company, other Service users, or third parties,
9.1.4 The Customer breaks the duties that are agreed to in the contract,
9.1.5 The Customer has given fundamentally erroneous information during the opening of the Service or later, or
9.1.6 There is cause to suspect that the Customer is using the Service for illegal actions.
In effect since 30.1.2020
9.1.7 The Company has a technical or business-related reason which requires closing of the Service. In this case, the Company compensates the Customer the sum equivalent to the remaining study time.
10. Termination of Contract
Sections 10.1 and 10.2 before 1.7.2019
10.1 Customer’s Right to Terminate the Contract. The Customer has the right to terminate an open-ended contract after observing a two (2) week termination period.
10.2 Company’s Right to Terminate the Contract. The Company has the right to terminate an open-ended contract after observing a one (1) month termination period.
Clarified sections 10.1 and 10.2 from 1.7.2019 onwards
10.1 Customer’s Right to Terminate the Contract. The Customer has the right to terminate an open-ended contract (subscription) by canceling it at least 24 hours before the beginning of the next billing period. The customer has the right to continue using the Service until the end of the already paid period. Instructions for canceling a subscription can be found in the following article: How can I cancel my WordDive subscription?
10.2 Company’s Right to Terminate the Contract. The Company has the right to terminate an open-ended contract (subscription) after observing a one (1) month termination period.
10.3 Company’s Right to Dissolve the Contract. The Company has the right to dissolve the contract if:
10.3.1 The Customer has not used the Service for over twelve (12) months,
10.3.2 The Customer’s Service has been completely closed for one (1) month for a reason mentioned in section 9.1,
10.3.3 The Customer has otherwise, essentially and despite being notified, neglected the duties that have been agreed to in the contract.
11. Consequences of Termination of Contract
11.1 End of Service use and removal of data. When the contract ends, the Company has the right to stop the use of the Service with the Customer’s user information and remove any possible data that the Customer may have saved in the customer-specific parts of the Service.
12. Other Terms
12.1 Issuing Information. The Customer must, before opening the Service, provide the Company the information it requires for the Service (customer information) and make sure that the given information is valid. The Customer must immediately notify the Company of changes to customer information on the Service website under Settings.
12.2 Notices. The Customer must send any written notices concerning this contract (including notice of termination) to the Company address info@worddive.com or WordDive Ltd, Verstaankatu 1, 2F, FI 33100 Tampere, Finland. The Company may send any written notices concerning this contract to the latest email address that the Customer has provided to the Company. General notices concerning the Service can also be published on the Service website. A notice sent by the Customer will be considered received on the seventh (7th) day after sending by post and on the next work day after sending by email.
12.3 Transferring the Contract. The Company has the right to transfer the contract to a third party fully or in part. The Company will notify the Customer of the transfer well beforehand. In addition, the Company has the right to transfer the payments due under the contract to the third party. After the notification of the transfer of due payments to the third party, the payments are only valid when made to the receiving party of the transfer. The Customer has no right to transfer the contract to a third party without a prior written agreement from the Company.
12.4 Applicable Law and Venue. This contract and its service-specific special terms operate under Finnish law and disputes concerning the contract are handled in Pirkanmaa District Court. In addition, a Consumer has the right to bring the dispute to be handled by the Consumer Disputes Board or in the Consumer’s domestic District Court in Finland. If the Consumer is not a Finnish resident, disputes are handled in Pirkanmaa District Court, Finland.
12.5 Force Majeure. The parties are released from their duties and their duty to pay compensation when the breaking of the contract duties or failing to fulfill them is due to force majeure. A sufficient basis for the release from duty (force majeure) is an unusual event hindering the fulfilling of the contract that affects the matter, occurs after the contract is made, is independent of either party, and that cannot reasonably be avoided or overcome. Such events include war, rebellion, requisition or confiscation for general needs, termination of energy distribution, labor dispute, fire, thunderstorm or other natural phenomenon, cable damage caused by a third party, or another similarly effective and unusual event independent of either party. If the fulfilling of contract duty is delayed because of one of the abovementioned reasons, the period of fulfillment shall be extended for as long as is deemed reasonable with all the affecting circumstances in mind.
12.12.6 Effective Date of Terms of Use. These terms of use are effective from 7.2.2020 and are effective until further notice. Terms of Use are available from the Company free of charge.
12.7 Changes in Terms of Use. The Company can change these Terms of Use. The Customer will be notified of any new Terms of Use with customer notices and/or within the Service (for example, on the Service website at www.worddive.com). The changed Terms of Use will be applied to the contracts made before the effective date of the new terms.
7.2.2020