Legal Notice and Terms of Use of the KAYIWA Website

Welcome to the KAYIWA website (hereinafter referred to as the “Website”). This Website is published and maintained by KAYIWA Limited, Business Identity Code 2152292-4, a company established under the laws of Finland and having its principal office at Merikatu 1 A 3, 00140 Helsinki – Finland (hereinafter referred to as “KAYIWA”).

By using this Website, you agree to follow and are bound by the following terms and conditions concerning your use of the Website (hereinafter referred to as the “Terms of Use”). KAYIWA may revise the Terms of Use at any time without prior notification. Your continued use of this Website after any such revision constitutes your acceptance of the new Terms of Use.

Required Configuration

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Use of the Website

KAYIWA hereby grants you limited rights to use and examine this Website and the materials and information contained therein (hereinafter referred to as the “Material”).
KAYIWA hereby grants you the right to examine and download the Material contained in the Website for your personal and non-commercial use only. This granting of rights of use shall not constitute assignment of title to the Material or copies thereof.

Your right of use shall be subject to the following limitations:

  • In all printouts and copies of the Material downloaded by you, you shall be required to preserve all notifications of copyright and other rights that are contained in the said Material.
  • You shall have no right to modify the Material in any way, nor to reproduce, publicly exhibit and/or otherwise publish the Material and/or use it for any commercial purpose.
  • If you choose to assign the Material to any other person, then the said person must first read these Terms of Use and if the said person does not accept these Terms of Use, then the Material may not be assigned to the said person. In addition to these Terms of Use, you shall be required to comply with any and all additional terms and limitations referred to in the Website that may appear on the Website and in updates thereof. KAYIWA grants to you no further rights besides those separately specified in these Terms of Use.

In addition, the use of certain areas of the Website may require the creation of a personal, non-transferable user account. You will either select and/or be assigned a username and password, and you shall be personally responsible for their secure storage and use. You shall be responsible for all actions performed using your personal user account. You shall be required to immediately notify KAYIWA in the event of any loss of your user name and/or password, and/or if any of these come to the knowledge of a third party, and of all unauthorized use of your user account. KAYIWA shall not be liable for any damage that may arise from misuse of your password and/or user account.

Third Party Websites, Content, Products and Services
The Website may provide links to websites and/or access to content, products and services from third parties. You agree that KAYIWA is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that KAYIWA is not responsible for third party content accessible through the Website, including, but not limited to, opinions, advice, statements and/or advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products and/or services from a third party, your relationship is directly with the third party. You agree that KAYIWA is not responsible for:

  • The quality of third party products and/or services;
  • And/or fulfilling any of the terms and conditions of your agreement with the seller, including delivery of products and/or services and warranty obligations related to purchased products and/or services. You agree that KAYIWA is not responsible for any loss and/or damage of any sort you may incur from dealing with any third party.

External Links to this Website
Written approval must be secured from KAYIWA for all links to this Website, unless the link meets the following conditions:

  • The link consists solely of the plain typeface URL https://www.kayiwa.fi and includes no trademark of KAYIWA or the word KAYIWA as such or in logo form.
  • The link refers directly to the home page at https://www.kayiwa.fi and to no subordinate page of the said website.
  • When following the link, the linked KAYIWA website opens in an independent new browser window and not in a frame of the linking website.
  • The appearance, placement and other features of the link do not create an erroneous impression that the linking party or its operations and products are associated with KAYIWA operations or are sponsored by KAYIWA.
  • The link has no detrimental effect on the reputation and trademarks of KAYIWA. KAYIWA reserves the right to withdraw its consent to a link at any time according to its own unfettered discretion, and also to prohibit any link meeting the foregoing conditions that, in KAYIWA’s estimation, has been placed in an unsuitable setting and could harm the high level of goodwill that is associated with KAYIWA or cause damage to KAYIWA.

Privacy Policy
KAYIWA takes your privacy very seriously and recognizes the importance of protecting the personal information (hereinafter referred to as “Personal Information”) collected about you. As part of our commitment to the security and privacy of your Personal Information, we employ the best security measures available: When you place an order or avail us with any Personal Information, it is protected by Secure Sockets Layer (SSL) technology, which prevents it from being intercepted over the Internet.

However, you acknowledge that KAYIWA does not control the transfer of data over telecommunication facilities including the Internet. Therefore KAYIWA will not be responsible for any breach of security or the unauthorized disclosure or use of any such data on the Internet.

The following is a list of Personal Information that we may collect and process about you:

  • Information that you provide by filling out forms on the Website, including information that you provide when you register to use the Website or subscribe to any services offered on the Website.
  • Your correct date of birth, which we may require that you submit accurately to ensure that you do not purchase the products (hereinafter referred to as the “Goods”) offered for sale on the Website if you are not of the required legal age.
  • Any information you may provide when you contact us or send us correspondence.
  • Details of any transactions you carry out through the Website including the placement of any orders by you; and
  • Details of your visits to the Website including, but not limited to, your computer’s IP address, password information, page interaction information, traffic data, location data and other data about the resources that you access.

If an order is placed with us, we need your Personal Information including your name, email address, phone number(s), delivery and credit card billing address(es) so that we can process and fulfill your order.
Except as required by law, for courier delivery services or in order to counter Internet fraud [KAYIWA from time to time may disclose Personal Information to our payment service provider (hereinafter referred to as “PayPal”)], KAYIWA will maintain the confidentiality of all your Personal Information transmitted to KAYIWA. Please note that KAYIWA neither obtains nor stores your credit card information.

You must have cookies and JavaScript enabled in your browser to be able to place orders via our Website. As is the case with many websites, we use cookies to help us gather and store information about visitors to our Website. We may use information from cookies for the following purposes:

  • Traffic monitoring, for example, the IP address from which you access the Website, the type of browser and operating system used to access the Website, the date and time of your access to the Website, the pages you visit, and the Internet address of the website from which you accessed our Website.
  • To recognize repeat visitors for statistical/analytical purposes; or
  • We may connect the information that we collect through cookies with other Personal Information that you provide to us. Such purposes are:
  • For transactional purposes, such as credit card sales; or
  • To monitor your use of the Website in order to make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the Website that you visit most often or by letting you know about features of the Website that you have not accessed previously.

If you notify KAYIWA that you wish to receive details of KAYIWA products or services, KAYIWA may contact you by email, telephone or post to provide you with details of KAYIWA products or services or any other information that KAYIWA believes may be of interest.
We strive to limit use of your Personal Information to those offers that we think you would appreciate receiving.

By providing your Personal Information to us, you signify your acceptance of this Privacy Policy and agree that we may collect and process your Personal Information in the manner stated above and as permitted by personal data legislation in accordance with the Finnish Personal Data Act (523/1999, as amended).

You can also refuse to be contacted by KAYIWA for marketing purposes. Any queries concerning Personal Information held by KAYIWA should be addressed to info@kayiwa.fi

Intellectual Property Rights
The copyright in this Website and the Materials contained therein are protected under international copyright laws and conventions. You shall be required to comply globally with all copyright and other intellectual property right laws and conventions when using the Website and Materials, and to prevent the unauthorized copying of the Materials. All intellectual property rights pertaining to the Website and Materials (including copyright, registered and unregistered trademarks and design rights, patents, domain names, commercial secrets and database rights) shall be retained by KAYIWA and/or its licensors. KAYIWA shall not grant to you any rights whatsoever either to or otherwise regarding KAYIWA’s intellectual property rights relating to the Website and/or Materials, except a limited license to use the Website and Materials as expressed in accordance with these Terms of Use.

The name of “KAYIWA” and the names of products on the Website are trademarks and/or registered trademarks of KAYIWA. The other names referred to in this Website may also be protected symbols of their respective holders.

ALL RIGHTS NOT GRANTED ARE EXPRESSLY RESERVED.

Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE AND ALL MATERIALS PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KAYIWA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KAYIWA MAKES NO WARRANTY THAT:

  • THE WEBSITE WILL MEET YOUR REQUIREMENTS;
  • THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE BASIS;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR ANY MATERIALS, PRODUCTS AND/OR SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE AND/OR RELIABLE, AND/OR
  • THE QUALITY OF ANY MATERIALS, PRODUCTS AND/OR SERVICES PURCHASED AND/OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

THE DOWNLOAD AND/OR OTHER MEANS OF OBTAINING ANY MATERIALS, PRODUCTS AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. KAYIWA SHALL HAVE NO RESPONSIBILITY FOR ANY COST AND/OR DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIALS.

KAYIWA RESERVES THE RIGHT TO MAKE CHANGES AND/OR UPDATES TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability
IN NO EVENT SHALL KAYIWA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL 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 YOUR ACCESS TO, OR USE OF, THE WEBSITE AND/OR MATERIALS.

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 KAYIWA shall in any case not exceed the liability arising in accordance with mandatory legislation.

Indemnity
You agree to defend, indemnify and hold harmless KAYIWA from and against any and all claims, liabilities, damages, losses and/or expenses, including, but not limited to, attorneys’ fees and costs, arising from and/or in any way connected with your access to and/or use of the Website and/or Materials.

Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and/or other information that you provide to KAYIWA (hereinafter referred to as the “Feedback”) are non-confidential and non-proprietary. KAYIWA shall have a right to the unrestricted use of any such Feedback for any purpose, commercial and/or otherwise, without acknowledgment and/or compensation to you.

Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of Finland, without regard to its choice of law provisions. If KAYIWA and you are unable to negotiate an understanding on any point of dispute, then the said dispute shall be settled in the first instance at the District Court of Helsinki. If you are a Customer (hereinafter referred to as the “Customer”), you may, however, submit the dispute to the general court of first instance holding jurisdiction in the district where you are domiciled provided, however, that you are domiciled in Finland.

 
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