General Terms of Use

These general terms of use (hereinafter Terms) concern the use of automated employee and employer matching service and the related website (hereinafter Service) offered by Temployer Oy (hereinafter Supplier). A precondition to using the service is submission of the data requested by the Service by the user (hereinafter User). If the connection data or other data necessary for using the Service should change, the User shall immediately notify the new valid data to the Supplier.

The Supplier is entitled to amend these Terms from time to time and the currently valid version is available at the Supplier’s website. By using the Service, the User accepts the Terms valid at the time of Service use. In case of significant changes in the Terms, at its sole discretion, the Supplier may notify the User about the change in the Terms in the manner chosen by the Supplier.

By using the Service, you undertake to comply with these Terms in the capacity of a User. If you use the Service on behalf of an organization, you undertake to comply with these Terms on behalf of the organization and confirm that you are entitled to involve the organization as a party to the contract. The service may only be used by an adult person with active legal capacity and in accordance with these Terms.

Service

The service allows delivery and uploading of information and files (hereinafter Information) to the Supplier’s server and further sharing thereof among targeted recipients. Service changes resulting from further development of the Service by the Supplier are possible. The maximum size of a file uploaded to the service is 5 Mb. The Information uploaded to the Service shall be stored at the Supplier’s server for at least 12 months or the maximum time allowed by law. To the extent information is considered as personal information, the information is stored only for as long as personal information is needed for the purpose for which is was collected. More information on how we collect and process personal information, you can read from our privacy statement.

The Supplier is entitled to prevent access to the Service or delete Information stored to the Service without consulting the User if the Supplier suspects that improper Information is being stored to the Service, use of the Service by other users may be at risk because of the information stored, or these Terms are violated.

The Supplier shall strive to keep the Service constantly available but may discontinue use of the Service or change Service contents whenever this is deemed necessary. Inter alia, the Supplier is entitled to discontinue provision of the Service because of installation, modification, or upkeep works, due to security hazard or requirements or guidelines provided for by law or other official regulations.

Information

By using the Service, the User submits the Supplier Information over which the User retains full ownership. The Supplier may use the Information or data regarding the use of the Service or data accumulated by the Service in accordance with the privacy statement available at the Supplier’s website.

Service Ownership

The software and other Service-related technology and modifications thereof are the sole property or the Supplier and/or a third person and may be protected by copyright or other intellectual property right. The User shall have no other right with respect to software or technology related to the Service besides the use of the Service as specified in these Terms. Based on these Terms, no rights are conferred with respect to use of the business names, logos, domain names, or other brand-related names or identifications of the Supplier or the Service. The Supplier is entitled to free utilization of any improvement suggestions, comments or proposals without compensation.

Service-related Liabilities of User

The User shall ensure the confidentiality of the user ID and password required for using the Service and avoid disclosure thereof to third persons. The User is fully responsible for any activities performed using his or her user ID. The User shall immediately notify the Supplier of any unauthorized use of his or her user ID or of other breaches of security.

The User shall acquire and maintain the equipment, connections, and software required for using the Service on its own account.

The User is responsible for the use of the Service, contents of the Information, and data exchange and delivery utilizing the Service. The User must protect the information and take care of back-up copies. The Supplier cannot be held responsible for any expenses resulting from loss or corruption of the Information or return or storage of the Information.

The User may not use the Service for harassment, threats or impersonation. The User may not upload, send, transfer or otherwise make available to others (a) illegal, harmful, threatening, discriminatory, defamatory, obscene, vulgar, racist, deplorable content or content invading a third party’s privacy, or (b) content violating a third party’s intellectual property rights, or (c) spam, ads or respective content. The User may not upload or transfer viruses, worms, Trojan horses, or any malicious code. The User may not violate applicable legislation or use the Service for any illegal or prohibited purpose.

Insurance and Reimbursement Obligation

The User hereby confirms that (a) he or she has all the rights required for use, utilization, and distribution of the Information with the help of the Service and in compliance with these Terms, and (b) the Information does not infringe the rights of a third party.

The User is responsible for any expenses and for any claims and demands submitted against the Supplier or its affiliated company based directly or indirectly on the Information or violation of these Terms by the User. The Supplier shall have the right of defending itself against any such claims, if the Supplier chooses so.

Price

Use of the service is free of charge.

Limitation of Liability

The User uses the Service at his or her sole risk; the Service is provided as is and the Supplier does not grant any warranty or guarantees with respect to the Service, Service outcomes, quality, non-violation of third persons’ rights, or other circumstances.

The Supplier shall not be responsible to the User for any direct or indirect damage. If the Supplier is declared responsible for the Service pursuant to law, the liability of the Supplier to the User shall not exceed £50.

Force Majeure

The Supplier is entitled to postpone the date of delivery, cancel the contract or change the Service without entailing consequences for the Supplier if the Supplier has been incapable of practicing its business for a cause beyond the Supplier’s control and that the Supplier had no reason of taking into account at the time of contract conclusion. Respective events include war, rebellion, civil unrest, expropriation or confiscation for public needs effected by officials, import or export ban, natural disaster, interruption of general traffic or energy distribution, supplier delay, labor dispute, fire, or other cause of comparable significance beyond the Supplier’s control.

Confidentiality

The parties, their employees or affiliates may not use or disclose the other party’s confidential information to third parties otherwise than in accordance with these Terms. The parties must handle confidential information of the other party with at least the same degree of care as applied by the parties upon handling of their own confidential information, provided, however, that the confidential information is always handled with at least reasonable care.

Transfer

The User is not entitled to transfer these Terms or the contract between the parties without the Supplier’s prior written consent. The Supplier is entitled to transfer the Terms and the contract between the parties to a third party.

If a party abstains from using a right of the party based on these Terms, this does not limit the party’s right to refer to the right or other right of the party in similar cases later on.

Validity

These Terms enter into force after publication. The Terms apply for as long as the Service is used.

The Supplier is entitled to cancel these Terms and the contract between the parties immediately if the User (i) is declared bankrupt or liquidated or becomes permanently insolvent, performs transfers or takes action in favor of his or her creditors, or (ii) fundamentally violates his or her liabilities pursuant to these Terms and has not remedied the violation within thirty (30) days after receipt of relevant notification.

Applicable Law and Dispute Resolution

These Terms and the contract between the parties are governed by Finnish law, excluding its choice of law provisions. Any disputes arising in connection with these Terms or the contract between the parties shall be resolved once and for all through arbitration proceedings in conformity to the Arbitration Rules of the Central Chamber of Commerce by a single arbitrator. The arbitration proceedings take place in Oulu, in the Finnish language; if the other party is not a Finnish company, the proceedings take place in English. The ruling by the arbitrator is final and binding for both of the parties; it can be enforced by any competent court. Either party is entitled to seek temporary injunctive relief.