Terms of Service 

Terms and conditions for the Älykylä.fi service platform  
 

1. APPLICATION OF THE TERMS OF USE

1.1 The use of the Älykylä.fi Service Platform (hereinafter the "Service") provided and operated by ASV Arctic Smart Village Oy (hereinafter the "Service Provider") is subject to these Terms of Use (hereinafter the "Terms of Use"). The Service is a web-based service where or through which users of the Service (hereinafter "User") can obtain extensive information on the topics of construction projects implemented in accordance with the Älykylä -smart village concept. The Service contains content that is open to all and content that is intended only for registered with the Service. The Älykylä.fi service platform acts as an intermediary between the subscriber and the supplier for the transmission of offers. The Service Provider has the right to charge for the Service in advance. The amount of compensation may vary. The amount of the compensation shall be indicated in the invitations to tender.  

The User agrees that the Service Provider will bid for all sections of the Älykylä -smart village project on an exclusive basis. 

 
 

 

1.2 Some parts of the Service require registration. Requirements for registration include among other things: participation in tenders. By registering or otherwise using the Service, the User acknowledges he/she has read Terms of Use and agrees to abide by them in all use of the Service. The applicable Terms of Use are read in conjunction with the Service.  
 

1.3 In addition to these Terms of Use, the User undertakes to comply with any instructions given by the Service Provider regarding the use of the Service, whether express or implied by the Service Provider or its contractual partners.  

 

2. CONCLUSION OF THE AGREEMENT, DISPOSITION AND USER INFORMATION

2.1 An agreement between the Service Provider and the User is entered into force when the User registers for the Service. The User is authorized to use the Service in accordance with these Terms of Use and other rules and regulations governing the Service. If the User register as a member of the Service, he or she must provide the personally identifiable information required in the registration form ("User Information") upon registration. Providing false User Data is prohibited by law. No personally identifiable information about the User will be stored unless he or she registers for the Service.  
 

2.2 Both natural and legal persons may register for the Service. The natural person who signs up for the Service must be fully authorized. The Finnish social security number verifies the registration of a natural person, or when a natural person does not have a Finnish social security number, a personal identification number or passport number is acceptable. The legal entity registering for the Service must have a valid business ID. Legal entity registration is verified with a valid business ID code. 

 

2.3 When registering for the Service, the legal entity undertakes to comply with the Service Provider's values ​​and policies, which are:  

 

VITALITY - QUALITY OF LIFE - COMMUNALITY 
 

  • VITALITY In our operations, increasing the vitality of residents and regions guides everything we do. Increasing vitality emphasizes economic well-being at the individual and community level, environmental friendliness, resource wisdom, and climate friendliness.  
     
  • QUALITY OF LIFE We strive to improve the quality of life of Älykylä -smart village residents by providing a safe, healthy, and friendly living environment that covers the entire neighborhood. Living in Älykylä emphasizes the ease of everyday life, communality, and happiness.  
     
  • COMMUNALITY In all our activities, we pay attention to the issues that support communality in all areas. Communality is supported in developing solutions that affect people living in Älykylä and local people.  
     
     

Our company aims to pursue and promote fairness and reliability as well as social and environmental responsibility. Our activities are guided in particularly by the objective of improving and increasing the vitality and living conditions of the countryside.  
 

2.4 The Service Provider has the right not to grant access if all the User Information has not been provided, the information has been provided incompletely or incorrectly, or the User does not otherwise fulfill the conditions for granting the access.  
 

2.5 The User is granted a limited right to use the Service in accordance with these Terms of Use. The User agrees to keep his or her User Data up to date. To the extent that the Service permits access to RSS feeds, these Terms of Use do not restrict his or her use of that feature, provided that the terms set forth elsewhere in these Terms of Use are followed.  

 

3. USER RIGHTS AND RESPONSIBILITIES

3.1 The username and password are specific to the User and may not be alienated or disclosed to any third party. The User holds responsible for all use of the Service by his or her  User ID. If the Password and the User Name become in the possession or information of a third party, the User shall immediately inform the Service Provider. The User shall be released from liability for use of his /her password and User ID without the User's consent, upon receipt of the notice by the Service Provider and within a reasonable period of time to block the use of the Service with respect to that User ID. 
 

3.2 The User shall bear all direct and indirect costs resulting from the use of the Service.  
 

3.3 The User undertakes to comply with these Terms of Use, other rules and regulations governing the use of the Service, and the law and good practice in all use of the Service. The User also agrees to abide by the rules and guidelines set forth elsewhere in the Service.  
 

3.4 The User has the right to print or save on the computer or similar electronic storage device pages or portions of the pages of the Service for his / her private use. It is prohibited to print or save pages or parts thereof for commercial or other similar purposes. The User may not display, transmit, forward, or use the Service or any content or any portion thereof received through the Service without the written permission of the Service Provider. In addition, the User has the right to place a link to the public homepage of the Service on their web pages. The page of the Service that opens via the link should open in a new empty window without frames. Any other form of linking is permitted only with the prior written consent of the Service Provider.  
 

3.5 Material that violates the law or good manners is prohibited from being presented on the Service. Such material includes but is not limited to, material that contains racist, pornographic, dignified, or offensive privacy language, postings, or presentations. In addition, the Service may not be used to provide, disclose or otherwise distribute any copyrighted, trademarked or similar copyrighted material, or in a manner that is harmful or offensive to the Service Provider, other users of the Service, or third parties. The User is responsible for ensuring that he or she has all necessary copyrights and other rights and / or consents of proprietors to the material the User post on the Service and to any other material he or she submit, transmit or store on the Service.  
 

3.6 The Service is copyrighted in accordance with Finnish law. The Service may also contain material protected by copyright, trademark or other intellectual property rights. Without the express written permission of the Service Provider or any other proprietor, unless otherwise provided by mandatory law, the User does not have the right to distribute, publish, copy, make available to the public or otherwise commercially exploit the material contained in the Service. The User does not have the right to create a new service from the Service or any part thereof.  
 

3.7 Only a Registered User has the right to participate in any open tendering on the Service. The User must submit a request of quotation or make an offer logged in to the Service. 
 

3.8 The User shall not take any action that endangers the right of the Service Provider to collect compensation for the Service it provides. Such an action is, for example, the award of a contract by direct contact with the tenderer in respect of the subject-matter of the tender, or vice versa. By registering, the User agrees that entering into an agreement for the subject matter of the tendering outside the Service, in whole or in part, gives ASV Arctic Smart Village Oy the right to charge the User the compensation specified in clause 8.1. 
 

3.9 The User shall be liable to the Service Provider and directly to any other party for any misuse of the Service and any illegal or contractual action.  
 

3.10 The User may not use automated systems (including a robot, spider, scraper and offline reader software) to make or transmit copies of the Service, portions of the Service or the content of the Service to the public, without the express written consent of the Service Provider.  

 

4. RIGHTS, LIABILITIES, AND LIMITATIONS ON LIABILITY OF THE SERVICE PROVIDER

4.1 In principle, the Service is available 24 hours a day, seven days a week. However, the Service Provider has the right to temporarily disable the Service or part of it for maintenance, installation, modification, system overload, or other similar reason.  
 

4.2 The Service Provider has the right to add, modify and remove portions of the Service, to make free of charge portions of the Service payable, or to terminate the Service in whole or in part. The Service Provider shall endeavor to inform Users of any changes or discontinuities in the Service that are essential to the Users, in advance through the Service or in any other manner it deems appropriate. Except as provided in section 6.1 below, the changes will take effect as soon as they are implemented.  
 

4.3 The content of the Service is provided as-is. The Service Provider makes no warranties as to the malfunction or features of the Service. The Service Provider is not responsible for the content of the Service or its accuracy, except for the content provided by the Service Provider itself, or for the links or content behind the links outside the Service. The instructions provided by the Service Provider in connection with the Service, other than those related to the use of the Service, are intended for guidance purposes only, and the Service Provider shall not be liable for any damages resulting from their content or compliance. The Service Provider shall not be liable for any content or accuracy of the information provided by its partners in the Service, nor for any damages resulting from or otherwise arising from compliance with such content.   
 

4.4 The Service Provider shall not be liable for any damages or other adverse effects which may be caused to the User or third parties by incorrect or inadequate User Data and shall in no event be liable for any direct or indirect damages related to the Service or its use. In addition, the Service Provider shall not be liable for any damages caused to the User or third parties due to the use of the Service or malfunctions, technical failures, malicious software, links or breaks in the Service.  
 

4.5 The copyright, industrial, and other proprietary rights in the material in the Service shall remain with the Service Provider or its contractual partners. The copyright to the material provided by the User remains with the User, provided that the applicable law allows the User to obtain copyright in the material in question. However, the Service Provider has the right to use (including link to) and republish, free of charge, any material published by or through the User on the Service and in its marketing and communications, PR or other business of the Service Provider and its affiliates. 

 

4.6 The Service Provider may remove from the Service any material that the Service Provider has prohibited, or in the Service Provider's opinion, is unlawful, inappropriate, inaccurate, harmful or damaging to the Service Provider, Users or any third party. There is no obligation on the Service Provider to notify Users of the deletion of material either in advance or afterwards.  
 

4.7 The Service Provider has the right to remove a User who has acted in violation of these Terms of Use or other rules and regulations governing the Service, or laws or good manners, and to prevent him from becoming a User of the Service in the future.  
 

4.8 The Service Provider shall have the right to pass on the legal entity information registered at registration to third parties insofar as this is necessary for the purpose of making a trade or entering into contracts.  
 

4.9 The Service Provider shall have the right to charge for the Service at its discretion. The Service Provider is obliged to inform the User of the pricing before taking any action that may lead to the formation of the price.  
 

4.10 ASV Arctic Smart Village Ltd is not responsible for the validity, quality, accuracy, reliability, or credibility of the User Generated Content.  
 

5PROCESSING OF PERSONAL DATA AND COOKIES

The Service Provider processes the personal data of the Registered Users in accordance with the Service Description of the Service and the privacy statement and the Finnish privacy laws. The Service uses cookies as described in the privacy statement.  
 

Please read our Privacy Statement 

 

6. MODIFICATION OF THE TERMS OF USE

6.1 The Service Provider has the right to unilaterally change the Terms of Use by notifying the User by e-mail or via the Service. Changes will take effect at the time of notification. The User accepts the changes to the Terms of Use by using the Service.  

 

7. TRANSFER OF THE SERVICE

7.1 The Service Provider has the right to transfer the Service and its maintenance and related accounts to a third party to be determined.  
 

7.2 The User is not entitled to assign his or her rights and obligations under these Terms of Use to any third party. In particular, the User acknowledges that the License is personal and may not be transferred to a third party.  
 

8. BREACH OF CONTRACT AND PENALTY 

8.1 If the User breach these Terms, he or she will be in breach of this Agreement. If the breach of contract causes damage or loss to the Service Provider, the Service Provider shall be entitled to collect from the User, as a contractual penalty, the commission charged to the User plus five percentage points of the value of the contract. However, at least one thousand euros (1000,00 €). If the User does not disclose its contract for the calculation of the compensation, the compensation shall be calculated according to the highest bid price of the bids entered into the Service or, if no bids have been received through the Service, based on the average value of the bid content. The valuation is then done on a sectoral basis based on the expert's estimate, and the expert's fee is added to the compensation amount. Bids that are not realistic for the purpose of realizing the content being tendered will not be taken into account in determining the replacement price. 

 

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1 These Terms of Use and their interpretation shall be governed by the laws of Finland, excluding the conflict of laws provisions.  
 

9.2 Disputes between the Service Provider and the User shall primarily be settled amicably by negotiation. If no settlement is reached, the disputes will be settled by the Lapland District Court in Rovaniemi, Finland. 


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