Conditions of Use for online services
These Conditions of Use for online services shall be applied to online services produced and maintained by Helen between Helen Ltd (business ID: 2630573-4, hereinafter ‘Helen’) and the Service user (hereinafter ‘User’) and to the use of any content and materials available through them unless separately otherwise notified or agreed.
The User shall accept these Conditions of Use by logging in to the Service or by using the Service.
2. Description of the Service
In these Conditions of Use, online services refer to all online services concerning energy usage reporting, user information and the management of contracts, as well as other transactions by consumer and corporate customers, produced or maintained by Helen and published on the helen.fi website. These include the Sävel Plus and Sävel mobiili services and Helen’s other online services related to reporting, Helen’s customer services, home automation services, online services for corporate customers, online publications published online only, online communities, chat rooms, and other reporting services provided online by Helen at any given time (all jointly and separately hereinafter the ‘Service’). The services may be offered for use through an internet browser and as a mobile service.
Helen shall continuously develop the Service, and it retains the right to modify the Service and its content as part of its development work in ways and at times it deems appropriate. Helen also retains the right to increase or remove any properties of the Service or discontinue provision of the Service at any time.
3. Taking the Service into use and registering for it
To use the service, the User needs an internet browser or a suitable mobile application, as well as necessary data communication connections. The Services may be available to the User without registration, or registration may be required. This is clearly indicated for each Service separately.
When using a Service requires registration, the User shall join the Service by registering as a user on the relevant web page or mobile application and by accepting as binding these Conditions of Use for the Service and any conditions specific to the Service. In addition, Helen may require the User to provide certain information in conjunction with the registration. During registration, the User shall select a user ID and password, which may be required in order to use the Service.
Registration in a paid Service requires a minimum age of 18 years or the permission of a trustee or guardian.
Helen reserves the right to check the User’s credit details on registering for a paid Service. Helen reserves the right to block a User from accessing a paid Service if it is deemed justifiable due to payment irregularities revealed during the credit check or for any other acceptable reason. The User is entitled to know the reasons for refusing to use the Service on request.
4. Invitations published in the Service
Any advertisements for products, services or other materials included in the content published in the Service shall not constitute offers binding on Helen or any other service provider, unless otherwise specifically advised. These are invitations addressed to Users for the purpose of making an offer.
5. Liability for the contents of the Service
Helen shall only be liable for the legality, compliance with good practice, copyrights and other intellectual property rights of the Service content it has produced itself. Helen shall not be liable for any service or content of another service provider, any copyrights or other intellectual property rights related to them whatsoever even in cases where such a service is available or access to it is via Helen’s Service through a hyperlink or by any other means.
The Service is supplied as is, without any guarantees. Helen shall not be liable for the correctness, accuracy or extent of information or other material within the Service.
Helen shall not be liable for views or opinions put forward in discussion groups or other similar forums within the Service.
Helen shall not be liable for any losses that may have incurred to the User as a result of using information included in the Service that may be incorrect, incomplete or ambiguous. Furthermore, any information, directions or advice given in the Service is not intended as legal or commercial information, directions or advice which would be in any way binding on Helen or other service provider, and they cannot therefore be invoked. Neither can any claims be issued against Helen or other service provider based on such information, directions or advice.
6. Usability of the Service
Helen shall endeavour to ensure that the Service is available to the User continuously and without disruption. However, Helen shall not be liable for providing uninterrupted, timely and faultless operation of the Service. Helen shall not be liable for any interruptions in the Service resulting from technical faults, maintenance or installation work, alteration or loss of any information included in the Service or other information caused by them, or for any problems, disruptions or breaks in service related to data transmission and caused by third parties, or for any losses the User may have as a result of them.
Helen shall endeavour to inform of interruptions to the Service and restore the Service to the User once it has been made aware of the interruption. The User may report any interruptions or disruptions to the service to Helen’s customer services (firstname.lastname@example.org).
Helen retains the right to interrupt the Service due to its modification or modernisation or a technical reason related to the Service, or due to data communications network repair, installation or maintenance work or other such reasons, or if legislation or other order by a government authority so requires. Helen shall aim to keep the duration of the interruption as brief as possible.
The Service content and visual appearance are copyrighted. Material included in the Service may also contain trademarks protected by law. The proprietary right of the Service, as well as all copyrights and other intellectual property rights are lodged with Helen or other content providers providing content to the Service. The licence holders hold the copyrights to the programmes pertaining to the Service.
No rights related to the Service shall transfer to the User, other than the right to use the Service in accordance with these Conditions of Use and any conditions for a specific Service and a possible service agreement signed on use of the Service. The User has no right to publish or transfer the Service or a part thereof. This applies to transfers with and without consideration and situations where the Service is made available to third parties. The User has no right to produce another work or service based on the Service or a part thereof. The User shall have no right to commercially utilise in his own operations the Service or a part thereof, any special features of the Service or any reporting or other information that may present itself in the Service without specific advance written consent by Helen.
Helen shall have the right to use the material sent by the User and publish it or a part thereof. However, Helen shall have no right to publish an email message or other material clearly not meant for publication, which has been sent by the User.
The User shall be liable for compensating Helen for any irregularities and for any action that contravenes the law or the contract. The User shall also be liable for all claims for compensation presented by third parties in relation to the use of the material it has sent.
8. User’s right of using the Service
The User shall have the right to use the Service in accordance with these Conditions of Use and any service-specific service contract.
The User shall be aware that although he may have access via Helen’s Service to the services of other service providers, using such services may require separate registration, and that they may be paid services.
The User shall be responsible for ensuring that all information entered in the Service by the User is correct and appropriate and it does not infringe the rights of third parties or effective legislation or does not contravene good practice. In particular, the User shall be liable for the fact the User has the right to hand over to Helen the personal data he has entered in the Service.
The User shall undertake to refrain from sending, forwarding or uploading into the Service or through it material that contravenes good practice or legislation, and from inciting others to such activity. This material refers to, e.g. text, pictorial and AV material, data or other informational material regardless of its mode of storage and expression, as well as any information included in or linked to such material. The User shall also undertake to refrain from sending, forwarding or uploading into the Service or through it material that is covered by copyright, trademark rights or other intellectual property rights, unless he has specific permission from the holder of the right.
Helen retains the right to prevent the publication in the Service of any unauthorised material as detailed above or to remove such material from the Service. The User shall be liable for any claims for damages and other demands submitted by holders of rights to unauthorised material or by other third parties on these grounds.
Helen shall retain the right to prevent the use of the Service if it has reasonable grounds to suspect that the Service is being used to disseminate unauthorised material as detailed above or is otherwise in contravention of good practice or legislation.
9. User ID and password
The User shall be responsible for the safe keeping of his user ID and password and preventing them from ending up in the knowledge or possession of outsiders. The User shall be liable for all usage under his own IDs and for any costs or charges incurred.
The User shall be obliged to notify Helen of the loss of his user ID or password, or that it has fallen into the knowledge or possession of a third party. The notification shall be made by email to email@example.com.
The User may obtain new user ID and password in place of the lost ones if he so wishes.
Helen retains the right to change the User’s user ID or password, as well as any other identification codes required to use the Service, if technical or other acceptable reasons render it necessary. Helen shall not be liable for any damages or compensation resulting from changing the user ID codes.
10. Personal data
Helen shall have the right to use the User’s personal data in accordance with the Personal Data Act and other applicable legislation and in the ways described in further detail in the registration details in the customer register of Helen Ltd (in Finnish).
Helen shall have the right to send the User direct marketing material by email and text message if the User has agreed to this during registration.
The User shall have the legal right to forbid the use of his personal data for direct advertising, remote selling or other direct marketing. The User also has a right to inspect any personal data kept on him and to have any incorrect, unnecessary, incomplete or out-of-date personal data with respect to processing either corrected or removed.
11. Data security and use of information
The User shall be aware that the web environment and online services are not fully secure. The User shall be responsible for taking appropriate precautions regarding the data security of his own data systems and online connections.
Helen shall keep confidential all data concerning the User or sent by him. Helen shall organise the data security of its Service in a generally acceptable and effective manner and endeavour to prevent access to its data systems by unauthorised parties through appropriate technical solutions.
Helen retains the right to utilise the experience, expertise and know-how it has acquired through the customer relationship, as well as information and results created through provision of the Service, unless otherwise provided by good business practice, legislation or other statutory regulations.
12. Equipment, software and connections
The User himself shall be liable for the acquisition and functioning of any equipment, software and Internet connections required in order to use the Service, and any costs resulted from them.
13. Prices payable for the service
The Services provided by Helen may be free or paid. All paid Services are clearly indicated in conjunction with each individual Service.
The use of paid Services requires payment of the price stipulated for the relevant Service. A subscription fee may be payable for a paid Service, in addition to a charge determined by Service usage and tied to the time spent or determined by some other means.
Helen may change the price of the Service or a part thereof or the pricing principles. The currently valid prices and pricing principles shall be available at all times on the Service website. Helen shall notify the User of any changes in an appropriate way.
The User shall be obliged to pay the charge payable for a paid Service by the method specified for the relevant Helen Service, for example, on the electricity bill or through an online bank. The bill must be paid by the due date at the latest. Helen shall have the right to charge interest on a delayed payment as from the due date, as provided by the Interest Act. Helen shall have the right to charge a reminder fee in accordance with the price list for a notice or reminder for payment, to cover handling costs.
Helen shall have the right to block the User’s access to the Service if the payment is delayed and not paid within two (2) weeks from the date the reminder was sent. Helen shall have the right to make a reasonable charge for reopening the Service.
15. Liability for damages resulted from using the Service
The User shall be liable for compensating Helen for any losses caused by actions contravening these Conditions of Use, any conditions specific to a Service, any agreement on using a Service, or law.
Helen shall not be liable for any losses that may have incurred to the User from using the Service.
16. Force majeure
A force majeure shall discharge Helen from the obligations regarding the Service if the force majeure prevents or substantially impedes the functioning of the Service. A force majeure is deemed to be e.g. a fire, earthquake, flood, explosion, strike or other stoppage of work, order by an authority, disruptions in energy supplies, lack of raw materials or other supplies, cable or other data communications disruption caused by or due to external parties, or any other similar reason which has not been known and against which it has not been reasonably possible to take precautions.
Helen shall notify of a force majeure on the Service website immediately it has occurred, if notification is possible.
17. Changes to Conditions of Use
These Conditions of Use shall apply to all Services maintained by Helen unless otherwise agreed in writing between the agreement parties.
Helen retains the right to amend these Conditions of Use and any conditions specific to a Service, following notification of the amendments on the Service website two weeks prior to them taking effect.
18. Transfer of rights and obligations
The User shall have no right to transfer the right to use the Service or any agreement signed on the Service to a third party.
Helen retains the right to transfer the Service or its maintenance, related liabilities and obligations, and any agreement signed on the Service to another company belonging to the same group. Helen also retains the right to transfer the said liabilities, obligations and agreement in the event of Helen or its business, to which the transfer is intended, being transferred to another company through acquisition, business transfer, merger or division or as a result of another similar arrangement.
19. Disputes procedure
Resolution of any disputes based on these Conditions of Use or related to the Service referred to in these Conditions, conditions specific to a Service and any agreement signed on a Service shall primarily be sought through negotiations between the agreement parties. If this is unsuccessful, the first stage of dispute resolution shall be the District Court of Helsinki. A consumer customer shall have the right to request a resolution recommendation for the dispute from the Consumer Disputes Board.
20. Applicable legislation
These Conditions of Use and the Service referred to in these Conditions, conditions specific to a Service and any agreement signed on a Service shall be subject to the law of Finland.