Terms of Use for Avustajaklinikka’s Application Engine

These terms of use (“Terms”) define your rights and obligations when you use the application engine provided by Lakitoimisto Kumpuvuori Oy (“Kumpuvuori”), which is intended to make the lives of disabled people and families with disabled members easier by providing an application form for receiving decisions related to disability rights. The Application Engine is a website where application templates can be found (www.kumpuvuori.fi/hakemuskone) (“Service”).

By accepting these Terms, you may use the Service to obtain a form for your application and information related to the application. These Terms affect your legal rights and obligations, so if you do not accept these Terms, you cannot use the Service.

Kumpuvuori’s Service is not intended for users who are not adults.

Kumpuvuori’s Privacy Notice (available at www.kumpuvuori.fi/wp-content/uploads/2020/10/Lakitoimisto-Kumpuvuori-Oy-Tietosuojaseloste.pdf) explains what personal data or other information Kumpuvuori collects and processes. By accepting the Terms, you agree to read Kumpuvuori’s Privacy Notice, which explains, among other things, what types of information Kumpuvuori collects and how the information is processed. Although Kumpuvuori’s Privacy Notice is not part of these Terms and does not create contractual obligations for you, it contains information you must review before using the Service. Kumpuvuori’s Privacy Notice applies to the data collected regardless of whether you read the Privacy Notice or not.

When you use the Service through a mobile network, message, mobile data, and other applicable charges may be billed by your network or roaming service provider. Your network provider may prohibit or restrict downloading, installing, or using the Service, and some or all parts of the Service may not work with your network provider or your device.

Use of the Service

The Service is available to private individuals using the Service or to the guardian of such an individual. If you accept these Terms on behalf of another person, you represent that you have the authority to accept the Terms on their behalf, in which case references to “you” in these Terms refer to that person as well as to you as their guardian/representative. The Service is provided only for personal and non-commercial use. You may not sell, transfer, lease or pass on your right to use the Service to any third party. You may not use the Service if your right to use any part of a Kumpuvuori Service has previously been removed. In order to fill in and use the application form, you must download it to your own computer and submit your application to the authority responsible for processing the application.

By accepting these Terms and completing the application, you agree to provide correct, accurate, up-to-date and complete information about yourself or your dependent for the application. You are solely responsible for the content of the application form, the accuracy of the information contained in it, submitting the application to the authority, any further processing, and for the use of the Service. Please note that the authority may request necessary additional information to process the application. Kumpuvuori is not in any way responsible for the content of your application, submitting it to the authority, or any possible further processing.

The Service operates as a self-service, but if you need reasonable accommodations for using the Application Engine, for example due to your disability, you may contact Kumpuvuori through Kumpuvuori’s contact channels.

Please note that using the Service or downloading and completing the application form does not create any attorney-client relationship between you and Kumpuvuori. Use of the Service does not mean that Kumpuvuori or its lawyer acts as your representative. If you wish for Kumpuvuori or a Kumpuvuori lawyer to act as your representative, please contact Kumpuvuori directly. If your application is rejected, you may contact Kumpuvuori directly if you wish.

By accepting these Terms, you agree not to modify or remove, in whole or in part, any sections or formatting of the application form.

If you accept these Terms, Kumpuvuori grants you a limited, exclusive, non-sublicensable, freely revocable and non-transferable right to use the Service (but not the source code of the Service).

You also accept that Kumpuvuori has no obligation to use or store information in the Service or information shared through it, nor to maintain the Service, although Kumpuvuori may do so at its own discretion.

You understand that the Service may need to be updated automatically, reloaded and/or new versions created or otherwise improved, for example to maintain system security and stability. These Terms do not give you any right to updates, new versions or other improvements, but Kumpuvuori may nevertheless make them available to you at its discretion.

Kumpuvuori may restrict, suspend, terminate, modify or remove the right to use the Service or parts of it without separately notifying you, if you do not comply with the Terms or if Kumpuvuori suspects non-compliance with the Terms or other illegal and/or inappropriate use of the Service. Kumpuvuori may also have access to other legal remedies, which it may use at its discretion. As a result of termination or restriction, you may lose material, content and rights related to the use of the Service. Kumpuvuori is in no way obliged to compensate you for such losses or consequences.

By using the Service, you specifically agree not to:

• affect adversely or interfere with the Service or the servers or networks through which the Service is provided;
• transmit spam, chain letters, or other unwanted emails/communications;
• impersonate another person or otherwise misrepresent your connection to a person or commit fraud;
• attempt to break down, reverse engineer, decompile or hack the Service or bypass encryption techniques or security measures for data sent, processed or stored by Kumpuvuori;
• refuse to comply with network requirements or regulations related to the Service;
• bypass technical measures intended to control the Service; or
• do anything else that violates these Terms or applicable legislation.

You may use the Service only in accordance with these Terms and applicable national and international laws, rules and regulations.

Intellectual Property Rights

All rights to the Service as well as ownership of the Service (including related software and media), the design of the Service and the related content including text, code, graphics, audio, video, interactive features and the like, as well as trademarks, service marks and logos (“Kumpuvuori’s property”) are copyrights and intellectual property rights owned by or licensed to Kumpuvuori in accordance with Finnish and foreign laws and international conventions. Unless expressly stated otherwise in the Terms, Kumpuvuori does not grant you the right to use any of Kumpuvuori’s property. All feedback you provide related to the Service is considered non-confidential, and Kumpuvuori may use such feedback without limitation. For the sake of clarity, private messages will not be published in any part.

Third-Party Services and Terms

The Service may contain links to websites maintained by third parties or to content maintained by a third-party service provider through which you may visit, log in and/or use such third-party services.

In addition to these Terms, the use or licensing of websites maintained by third parties, third-party services and/or the content of third-party services is subject to the terms of the relevant third-party service provider under which such content is made available.

Kumpuvuori does not assume responsibility for such third-party services and/or content. If you use a third-party site or services through the Service or through third-party sites or services, you do so at your own risk and understand that these Terms and Kumpuvuori’s Privacy Notice do not apply to such sites you use. You expressly release Kumpuvuori, its representatives, directors, employees, suppliers and licensors from all liability arising from the use of any third-party site, service or content. A link to a service or website other than a Kumpuvuori service or website does not mean that Kumpuvuori endorses the site or the information, products or services referred to in such third-party service or website.

Personal Data and Security

Kumpuvuori takes appropriate measures to prevent unauthorized access, unauthorized processing, misuse, and to ensure reasonable accuracy in the processing of personal data. Kumpuvuori uses various technologies and practices to ensure a high level of security. None of the data stored on Kumpuvuori’s servers is publicly accessible. However, the use of Internet services always involves security risks. You are always responsible for your own equipment, Internet connection and software, and for ensuring that they do not cause harm to Kumpuvuori and/or third parties.

Kumpuvuori does not store any information you have added to the application form, including the content of the form.

The use of your personal data is governed by the Avustajaklinikka Privacy Notice.

Kumpuvuori is responsible for ensuring that the Service, as well as the equipment and premises used by Kumpuvuori, are adequately protected against information security risks and that procedures related to protection and data backup are followed. The data stored in the Service is located within the EU/EEA area.

The user is responsible for taking backups of their own data, including the data they have added to the application form, as well as verifying the functionality of such backups.

Support and Modifications

Kumpuvuori is not, under these Terms, obligated to provide support or maintenance for the Service. Kumpuvuori may, at its sole discretion, provide limited customer support for the Service.

You understand that the Service evolves. For as long as your right to use the Service remains valid, you are entitled to use improvements or updates to the Service. All improvements and updates are provided to you in exchange for your rights to the previous version. Improvements and updates may be licensed to you under supplementary or different terms.

Disclaimer of Liability

Kumpuvuori does not guarantee that the Service will be uninterrupted, error-free, suitable for a particular purpose, or meet your requirements. Kumpuvuori also does not guarantee that any information you receive as a result of using the Service is accurate, up-to-date, or reliable. You use any information and materials obtained through the Service, such as the application form, at your own risk and discretion.

Kumpuvuori’s liability for any defect detected in the Service is limited to correcting the defect that falls under Kumpuvuori’s responsibility at a time deemed appropriate by Kumpuvuori. Kumpuvuori is therefore not obligated to pay damages or any other compensation on the basis of such a defect.

Limitation of Liability

Kumpuvuori is not liable for any indirect damages arising from the use of the Service. Indirect damages include, among other things, loss of income or profit, damage caused by alteration or loss of data, contractual liabilities towards a third party, and other similar damages that are difficult to foresee.

The limitations of liability mentioned above in this section do not apply to damages caused intentionally or through gross negligence.

Claims for damages must be made to Kumpuvuori within three (3) months from the date on which the event giving rise to the claim was discovered or should have been discovered.

Force Majeure

Kumpuvuori is not liable for delays, failures to perform obligations, or omissions caused by reasons beyond Kumpuvuori’s reasonable control, including but not limited to causes beyond Kumpuvuori’s control such as war, terrorism, riots, export bans, actions of civil or military authorities, epidemics, pandemics, fires, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

Provision and Termination of the Service

You may discontinue using the Service at any time. Kumpuvuori may terminate or suspend your access to the Service immediately if you violate these Terms.

All clauses of these Terms which by their nature should remain in effect after termination shall remain in effect, including, without limitation, clauses relating to intellectual property rights, disclaimers, limitations of liability, and applicable law and dispute resolution.

Kumpuvuori may, without prior notice, modify the Service, discontinue the Service or the provision of Service features to you or to all users in general, or create usage restrictions for the Service. Kumpuvuori may permanently or temporarily terminate or suspend your access to the Service for any reason without notice and without liability, including in situations where, in our assessment, you violate these Terms, unless otherwise stated in the specific terms of the Service.

General

Kumpuvuori may transfer or delegate its rights and obligations under the Terms, in whole or in part, to any person or entity at any time and without your consent.

Kumpuvuori has the right to amend these Terms by notifying the User. The changes enter into force from the date indicated, however no earlier than one (1) month after the message concerning the change has been sent to you. If you do not accept the new Terms of the Service, you must stop using the Service. You are considered to have accepted the changes by continuing to use the Service. Kumpuvuori has the right to amend these Terms regardless of the above notification period if the change results from a change in the law or a decision by an authority, or if the change does not materially increase your obligations or reduce your rights.

The content, functionalities and technical implementation of the Service may change. Kumpuvuori also has the right to discontinue the Service or a part of it for a justified reason. Such a reason may include, for example, a change in the law or a decision by an authority, or Kumpuvuori’s decision to discontinue the Service. Kumpuvuori aims to notify the User of material changes in advance. Kumpuvuori has the right to change the Service without prior notice if the change is necessary due to, for example, legislative changes, data security reasons or other similar reasons.

Kumpuvuori is in no situation liable to compensate you for any damages that may arise from the discontinuation of the Service. Kumpuvuori reserves the right to change, modify, add or remove parts of the Terms at any time. You accept such changes by continuing to use the Service. However, Kumpuvuori will notify you of all material changes to the Terms. If at any time you do not accept the Terms in force or any other policies or rules issued by Kumpuvuori concerning the use of the Service, your right to use the Service will cease immediately and you must immediately stop using the Service. Check the Services regularly to stay up to date with the Terms in force.

If any provision of these Terms is considered invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions.

Dispute Resolution and Applicable Law

These Terms are governed by the laws of Finland, excluding its provisions on choice of law. Any disputes arising from these Terms or the Service shall primarily be settled through negotiations between the parties. If no agreement is reached through negotiations, the matter shall be finally resolved in a single-arbitrator arbitration proceeding in Helsinki, in accordance with the Rules of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration proceedings and the arbitral award shall be confidential.

Contact Information:

Välitysklinikka Oy
Business ID: 3260207-3
Address: Yrittäjäntie 16 B 4, 01800 Klaukkala
www.avustajaklinikka.fi