- 1. Publisher
- Valtra Inc.
FI-44200 Suolahti, Finland
Tel. 020 45501
Fax 020 455 0533
Business ID: 1868602-0
- 2. Emergence of a contract
- 3. Service description
- The Service, published by Valtra, offers Services used over the Internet and by means of other digital media applications. The Services include, for example, the website on which Valtra and Valtra's partners, subcontractors and other service providers (hereinafter collectively referred to as "Service Providers") may offer their Services.
- Information included in Service descriptions, brochures or other marketing materials are not Service specifications, and are not information from Valtra.
- 4. Materials submitted to the Service and rights to such materials
- Valtra cannot be held liable for any materials submitted to the Service or presented in the Service (including but not limited to audiovisual content, announced products, goods, services, discussions, opinions or the content of articles included in the Service, images, photos, audio files or other similar materials, hereinafter collectively referred to as "Materials"). Valtra does not supervise Materials submitted to the Service, Materials submitted to third parties using the Service or Materials obtained from third parties, and Valtra cannot be held liable for the availability of such Materials nor their illegal or offensive content. Valtra cannot be held liable for any damages arising from delays of, modifications to or misplacement of any Materials transmitted through the Service.
- The User carries the responsibility for Materials submitted by the User to the Service or Materials submitted by the User through the Service to other users or third parties. In particular, the User shall ensure that Materials submitted by the User to the Service or Materials transmitted through the Service by the User will not harm the network nor violate the copyrights of any third parties, good practices or statutory regulations. If Valtra, an authority or a third party observes that such Materials have been submitted to the Service or transmitted to other users through the Service, Valtra is entitled to delete such Materials or prevent the use of such Materials without any advance warning and without consulting the User.
- Materials submitted by the User to the Service may be, without any separate compensation or the User's permission and consent, (i) published and made publicly available in services provided by Valtra and its group companies (hereinafter "Partners"), (ii) edited to enable the publication as specified in item (i), and (iii) given to Valtra's contractual partners with the right to publish the Materials and the right to edit the Materials as specified in item (ii). However, this right does not refer to any e-mails, SMS messages or other confidential communications, personal information, sensitive personal information or any other information that must be kept confidential or secret by virtue of an imperative legal provision.
- 5. Right to review
- Valtra has the right to review any information submitted using Valtra's Service to ensure that the User complies with the valid Terms. This right to review does not refer, however, to any e-mails, SMS messages or other confidential communications, personal information, sensitive personal information or any other information that must be kept confidential or secret by virtue of an imperative legal provision. Regardless of the above-mentioned provisions, Valtra has the right to review personal information to ensure that the User's identity can be verified.
- 6. Registration as a user
- 7. Data protection
- Valtra will register the information the User gives when registering to the Service or at a later date. The information will be stored in compliance with the currently valid legislation. The information can be processed and handed to third parties in compliance with the valid legislation and the Contract.
- The User has the right to review, delete and modify his/her information. The User has the right to prohibit the delivery and processing of his/her information for direct advertising, telemarketing and other direct marketing purposes. The data controller is Valtra Inc, Valmetinkatu 2, FI-44200 Suolahti, Finland.
- 8. Use of the Service
- Furthermore, the User is not entitled to use the Service as part of any of the User's own services without a consent given by Valtra in advance in writing. Nor is the User entitled to copy, transfer or hand over any information obtained through the Service for any other use apart from the User's personal use. The User is not entitled to edit the source code or utilise the source code format of the Service.
- The User shall obtain the hardware and software required to use the Service and maintain such hardware and software.
- 9. Defects in the Service and maintenance of the Service
- Defects in the Service
The Service shall be considered defective if the features of the Service essentially deviate from the specified features and the defect is such that it clearly hinders the use of the Service.
- Maintaining the Service and eliminating defects
Valtra aims to offer the Service 24/7. Valtra does not guarantee error-free functionality and availability of the Service, however. Valtra will eliminate any defects and errors observed in the Service as soon as possible. The Service is provided as is, with the functionalities and features currently available. Maintenance and any disturbances may cause disruptions in the use of the Service. Whenever possible, Valtra will announce any changes of the Service or any disruptions of use within a reasonable time on the website.
- Valtra reserves the right to temporarily discontinue the Service or limit the Service availability if this is necessary to make changes/improvements to the Service or maintain/create a connection, a system, a network or hardware. Valtra will keep such disruptions as short-term as possible so that they will cause as little harm to the User as possible. Whenever possible, Valtra will notify the User of any disruptions in the Service on the Valtra website. Valtra cannot be held liable nor will Valtra be obliged to compensate any costs, losses or damage caused to the User by a Service disruption.
- Limitations of Service maintenance
Service maintenance does not cover the elimination of defects that have been caused by a reason independent of Valtra for which the User is responsible. These include but are not limited to erroneous use of the Service; carelessness or negligence in following instructions on using the Service or Service maintenance; hardware, software or definitions not included in the scope of the Service; and changes or corrections made by parties other than Valtra.
- 10. Liabilities
- Valtra cannot be held liable for any defects in the Service or any damage caused by such defects. Nevertheless, Valtra will eliminate all defects as soon as they are observed. Valtra cannot be held liable for the activities of other Service Providers on the Valtra website nor the activities of other third parties, such as telephone service providers or ISPs.
- The Service Providers try to ensure that the Service meets all data security requirements but they cannot be held liable for any damage caused to the User by defective data security or data security risks, such as viruses. The User acknowledges the fact that the Internet as an operating environment may cause defects in the functionality of the Service and that data security is always a risk when using data systems. The User is obliged to ensure that his/her computer, data system or other similar computer hardware are properly protected against such risks.
- The User is liable for his/her own actions. If the User violates the Terms, the User is obliged to compensate Valtra for any damage incurred.
- 13. Intellectual property rights
- Intellectual property rights to the materials included in the Services, except for the intellectual property rights to Materials provided by users, as well as trademarks, logos and other intellectual property rights and copyrights are the property of Valtra, and they are governed by the Finnish intellectual property right legislation. Valtra, the Service Providers, Partners or other third parties hold all the rights of ownership and intellectual property rights to software, documents and other materials and their revised versions, and they also have the right to hand over such rights to third parties.
- Valtra reserves all rights not explicitly granted to others in the Service.
- 14. Ending the use of the Service
- If the User violates the Terms, Valtra may prevent the User from using the Services or remove any information submitted by the User from the Service without any separate warning.
- Valtra has the right to terminate the user rights to the Services or completely or temporarily close the Service at any time for any justified reason, and Valtra is not liable to pay any compensation to the User if Valtra decides to do so. The above-mentioned terms may also apply to a single Service or part thereof.
- Furthermore, Valtra has the right to prevent the User from using the service if the User:
- - causes harm to data communication networks, telecommunications, other users or third parties, or if the User uses malfunctioning or incompatible hardware or software;
- - violates the law;
- - continues to fundamentally violate his/her liabilities specified in the valid Terms and fails to correct this violation even after a notice thereof;
- - cannot meet his/her liabilities specified in the Terms due to a force majeure event, provided that the force majeure event has been in effect for a continuous period of at least sixty (60) days.
- The User may stop using the Services at any time or remove his/her information from the Service at any time. If the User does so, it will not free him/her from any liabilities that have arisen during the time before the User stopped using the Services.
- 15. Compensating costs and damages
- Limitations to liability for damages
Valtra is not liable to compensate any consequential damage or damage Valtra could not have reasonably anticipated. Neither is Valtra liable to compensate any damage arising from an issue for which the User or a third party is liable nor any damage caused by reasons Valtra is unable to influence.
- Valtra's total liability for damages is limited to compensating the damages specified in this Paragraph 16, taking into account any other limitations specified in the Terms.
- Faults in hardware managed by the User
If the User connects to the Service any defective hardware, definitions or software, or hardware, definitions or software that cause disturbances to the Service, or if a fault announced by the User is due to any hardware, data communications, definitions or software managed by the User, the User is liable to compensate Valtra for any damage incurred and any troubleshooting expenses.
- 16. Statutory issues
- Valtra is obliged to hand over to the authorities any information about the User, data communications or other issues requested by the authorities if the valid legislation allows or provides that such information must be handed over.
- 17. Validity and termination of the Contract
- Unless otherwise agreed by the Contracting Parties in writing, this Contract is valid until further notice and can be terminated as specified in the Terms. The Contract will be terminated when all the contractual liabilities of the Contracting Parties arising from this Contract have been met.
- 18. Force majeure
- A Contracting Party shall be freed from its contractual obligations and liability for damages if the Contracting Party is in violation of its contractual liabilities or the Contracting Party is unable to fulfil its contractual obligations due to a force majeure event. A force majeure event is a war, a requisition or confiscation for public needs, an export or import prohibition, a labour dispute, an act of God, a thunderstorm, a storm, a fire, a cable connection disruption or a similar disruption caused by a third party, a flood or water damage, an electrical grid surge, a disruption in the delivery of electrical energy or any other essential raw material, defective telecommunications, Internet connections or hardware obtained from a third party and managed by the third party or delayed delivery thereof, a cable connection disruption caused by a third party or any other event caused by a third party that the Contracting Party is unable to influence or any other reason the Contracting Party could not reasonably have anticipated, prevented or eliminated. Furthermore, delays in the deliveries of subcontractors or erroneous deliveries of subcontractors are also considered force majeure events as specified in this Paragraph.
- If one of the Contracting Parties fails to comply with their contractual obligations due to one of the force majeure events specified above, the Contracting Party shall be provided as much time for meeting their contractual obligations as is considered reasonable taking into account all conditions therein.
- 19. Contact
- Valtra's valid contact information is always available on this page.
- 20. Dispute resolution and applicable law
- The Finnish legislation is applied to the Services and Terms, taking into account all imperative legal provisions.
- Any disputes arising from this Contract will be first and foremost resolved by mutual negotiations between the Contracting Parties. If the Contracting Parties fail to reach an agreement in negotiations, the dispute will be resolved either in the local District Court or in the court of first instance of the defendant. The plaintiff has the right to select the dispute resolution instance in such a case.
- 21. Revising the Terms
- Valtra has the right to revise the Terms on its website without notification.