General Corporate Contract Terms and Conditions

General Corporate Contract Terms and Conditions of the Moovy Parking Service

1. Scope

These terms and conditions apply to Finnpark Oy, business ID: 0155063-7, address: Satakunnankatu 23 A, 33210 Tampere, when offering digital Moovy parking services to corporate customers in Finland.

Finnpark’s partners (hereinafter “Partner”) means companies, entities or individuals who own or otherwise manage the parking locations whose parking services are provided to companies on the Moovy platform.

The provision of the Moovy parking service (hereinafter “Service”) is subject to mandatory legislation, the terms and conditions separately agreed with the Company and these General Corporate Contract Terms and Conditions. If there are any differences in the above terms, the following order of precedence shall prevail.

A binding contract between Finnpark Oy (hereinafter “Moovy”) and the Company regarding the provision and use of the Service arises when the Company registers as a user of the Service and at the same time agrees with these General Corporate Contract Terms and Conditions and undertakes to comply with them.

2. Use of the Service

The service is a digital service for companies that enables the acquisition, use and management of parking-related products and separate services. The Company receives the Service by registering as a user of the online service. Use of the Service through application interfaces requires a separate contract between the company and Moovy. The Company must provide the information requested by the Service, such as the Company’s name, business ID, address, telephone number, email address, and invoicing information. The email address provided by the Company serves as the username for the Service. The Company has the right to use the Service as long as they have an active user account in the Service and fulfil their obligations under the Contract.

The Service is considered delivered when it is available to the Company. If the delivery of the Service is delayed for a reason for which the Company is responsible, the Service shall be deemed delivered when Moovy has done what is required to make the Service available to the Company. Moovy is not responsible for the suitability of the Service for the Company’s intended use.

Company registered for the Service may use the Service in respect of those functionalities and in those parking services and locations for which Moovy or the Partner has granted the company a right of use or for which the Company has entered into a contract. The company sees the parking products and services it has subscribed and that are in use on the Service or obtains access to the services through the application interface. Despite the use of the Service, a contractual relationship concerning the use of parking spaces and parking location-specific services always arises between the Company using the parking location’s parking services and the Partner, with Moovy acting only as the Service Provider. The Company accepts the Terms of Use set by the Partner for the use of the Service in the Service.

As part of and in connection with the Service, Companies may also be offered additional services, some of which may be subject to a fee. Such services may include, for example, Service-related reports or data interfaces. By registering for the Service, the Company agrees that Moovy may send the Company additional service and other communications using the Company’s contact details. In addition, if the Company has given a direct marketing consent when registering for the Service, Moovy’s partners may also send the Company offers for their own services.

The service is usually available 24 hours a day, but downtime may occur during updates or modifications and service works. The Company accepts that there may be interruptions in the operation of the Service. The Company also agrees that Moovy may, if necessary, change the technical systems of the Service or replace them with new functions and make other changes to the Service that do not affect the main content of the Contract. Moovy also has the right to close, block or suspend the Service or restrict its use if requested by the Company or required by law. Moovy will notify the Company of any changes, interruptions, or limitations in the Service or otherwise as appropriate in advance or, if not reasonably possible, immediately after Moovy becomes aware of such matter. Moovy shall not be liable for any damages incurred to the Company as a result of the Service being disabled or containing errors, other than incorrect charges.

All copyrights and other intellectual property rights related to the Service are owned by Moovy or its Partners. Moovy grants the Company a limited right to use the Service in accordance with the Contract for the duration of the Contract. No other rights are transferred to the Company based on the use of the Service. The Company may not copy, distribute, sell, publish, transfer, lend, license, modify, or otherwise impose or take any action with respect to software related to the Service. Extracting the source code of the software is also not permitted.

The service content of the Service is described in more detail on Moovy’s website at www.moovy.fi and in the Service.

3. Company Liabilities

The Company is liable for providing the information requested by the Service in a correct and up-to-date form upon registration. The Company is also liable for updating their changed or incorrect information on the Service. It is particularly important that the Company immediately notifies the Service of any change in its invoicing information. Under no circumstances will Moovy be liable for any errors in the registered information or charges for incorrect customer information.

The company is also responsible for ensuring that the invoicing information registered in the Service is up-to-date and functional.

In addition, the Company is liable for ensuring that they store and use the company-specific login details securely, and do not disclose them to third parties or otherwise make them available to a third party. The Company is obliged to immediately notify Moovy if the Company has reason to suspect that an unauthorized person has obtained the Company’s login details. The Company is not released from liability if the Service has actually been used by a third party with the Company’s devices or IDs or otherwise.

The Company is liable for ensuring that the computer or mobile device used by the Company to use the Service works properly, that its data security is up-to-date and that its web browser is compatible with the Service. The Company may check the requirements for using the Service on the Service’s website or from Customer Service.

The company is obliged to follow the instructions given by Moovy for the use of the Service and the Terms of Use set by the Partners for the use of the services and products available in the parking locations under their control. In addition, the Company is always obliged to comply with applicable laws and other similar regulations, as well as parking service-specific instructions and rules. If Moovy has reasonable grounds to suspect that the Company is using the Service in violation of these Terms and Conditions, Moovy has the right to block the use of the Service without liability to compensation. Likewise, if a Partner has reasonable grounds to suspect that the Company uses the services or products offered in the Partner’s parking location through the Service in violation of these Terms and Conditions or service- or product-specific Terms of Use, Moovy has the right to prevent the use of the Service without liability to compensation.

When using the Service through application interfaces, the Company is responsible for ensuring that its own operations do not endanger or cause harm to the Service interfaces or the Service. The Company must use the interface in such a way that the interface or the Service is not unnecessarily overloaded. All interface testing must target the test version of the interface and the Service. Moovy has the right to terminate the right to use the interface of the Company if the Company uses the interface in violation of these regulations.

If the Company detects an error in the operation of the Service, the Company must immediately make a written complaint to Moovy’s Customer Service regarding the error. The complaint should always be made within two months of the Company knowing or should have known of the error in question. The Company must accurately specify the error in the complaint.

4. Prices and Payment Terms

The fees charged by the Service to the Companies consist of the service fees of the Service and/or parking fees of each parking location. The parking price lists and other service price lists of the parking locations offered in the Service are available to the Company in the Service or in a service contract entered into separately with the Company. All prices and fees include VAT, unless otherwise stated. The Service price list and the parking price lists for parking locations of the Partners are subject to changes. Changes to the Service price list will take effect at the earliest one month after the Company has been notified of the change. The price lists of the parking locations of the Partners are their own price lists, for which and for which changes Moovy is not responsible. Parking locations’ own price lists are subject to change regardless of Moovy and without prior notice. Moovy will charge the Company on behalf of the Partners in accordance with the service price list of the Service and the parking price lists communicated to Moovy by the Partners.

When a Company subscribes to parking products or services provided by a Partner through the Service, a service contract is created between the Company and the Partner. The service sends a contract on the subscription or change of subscription to the Company’s email.  Based on the service contract, Moovy, the Partner or another operator notified by them (e.g. a collection agency) is entitled to charge the Company for subscribing to and using parking products and services. The Company is obliged to fulfil its payment obligations in accordance with the payment terms. Otherwise, the Company may be charged default interest in accordance with section 4§1 of the Interest Act from the due date of the payment until the payment date. In addition, the Company is obliged to reimburse the collection costs arising from the collection of the unpaid receivable, such as the costs arising from payment reminders or other collection actions.

5. Compensation Liability

Moovy’s liability in relation to the Company is always limited to the amount of direct damage caused to the Company. However, this limitation of liability does not apply if Moovy has caused the damage intentionally or through gross negligence.

Moovy is not liable for indirect damages to the Company, such as loss of operating profit or loss of profit. Moovy shall also not be liable for damages caused by Company’s own mistake or negligence, malfunction of the Company’s device or browser, or unauthorized use of company-specific login details, or the Company’s failure to comply with these Terms and Conditions or other Service or parking regulations. Moovy is also not liable for damages caused by an error or interruption in the communications network or the operation of the telecommunications operator or any other cause comparable to these causes.

Nor is Moovy liable for damage caused by circumstances or causes beyond Moovy’s reasonable control, including, but not limited to, fires, floods, or other natural disasters, acts of war, terrorism, industrial conflicts, errors, interruptions, or delays in telephone, Internet, or other communications networks, public transport disruptions, accidents, explosions, unrest, legislation and authority actions (force majeure).

In order to retain the right to compensation, the Company must notify Moovy of their claim for damages within a reasonable time of the discovery of the basis for the claim or when it should have been discovered.

The Company shall be liable for damages caused to Moovy due to the customer’s error or negligence, or the Company’s failure to comply with their obligations under these Terms and Conditions or other instructions given for the use of the Service.

In the event of damage or threat of damage, the Company must take such steps to prevent or limit the damage as may be reasonably required of the Company or requested by Moovy.

6. Termination and Suspension of Use of the Service

The Company may terminate the use of the Service at any time by making a notice of termination in the Application or by submitting it in writing to Moovy’s Customer Service. The right to use the Service expires at the end of the calendar month following the month in which the notice of termination is given. Termination of the Service does not affect the Company’s obligations that arose before the termination or during the notice period.

Moovy has the right to immediately suspend the use of the Company’s Service and close the Company’s user account if the Company materially violates their obligations under these Terms and Conditions or uses the Service in a manner that may cause damage to the Service, Moovy or a third party. Moovy also has the right to suspend the use of the Service if the Company does not fulfil, or there is a reasonable reason to suspect that the Company will not fulfil their payment obligations to Moovy under these Terms and Conditions, or if the Company does not have a valid payment card registered with the Service, or has registered incorrect, incomplete or misleading information.

7. Cancellation Right

The Company has the right to cancel the Service by notifying Moovy’s Customer Service within 14 days of registering for the Service. Notwithstanding the cancellation, the Company is obligated to pay Moovy or the Partner all fees related to the use of the Service for the subscription and use of parking products or services that have arisen before the cancellation notice.

8. Processing of Personal Data

Moovy processes company register data in accordance with the provisions of the EU General Data Protection Regulation and national data protection regulations, for example in customer relationship management, service development and marketing, as described in the Customer Register’s current Privacy Policy. Moovy takes special care in all processing of company and personal data. Before registering for the Service, the Company must read the Service Privacy Policy found in the Service and on Moovy’s website and agree to the processing of their data required for the use of the Service. The Company always has the right to withdraw their consent to the use of data. However, withdrawal of consent may affect the ability to use the Service.

9. Direct Marketing

With the Company’s consent, Moovy may send notices about other services and products provided by Moovy, as well as notices about the use of the Service, and pass on company information to Partners whose activities are in any way related to Moovy’s operations or offerings, in order for them to send the company offers related to their operations.

The Company may withdraw the consent in the Service. Withdrawal of consent does not affect Moovy’s right to send the Company information about the administration of the Service or its production.

10. Changes and Transfer

Moovy has the right to change these Terms and Conditions. Changes are notified to the Company in advance in the Service and the Contract Terms and Conditions in force at the time are available in the Service and on Moovy’s website. If the Company continues to use the Service after being notified of the change in the Contract Terms and Conditions, the Company is deemed to have accepted the changes made.

Moovy has the right to transfer its rights and obligations under these Terms and Conditions, either in part or in full, without the Company’s consent. Moovy also has the right to use subcontractors to provide the Service. The Company may not transfer their rights or obligations under these Terms and Conditions without Moovy’s prior written consent.

11. Applicable Law and Dispute Resolution

The Contract on the use of the Service and the interpretation of its Terms and Conditions are governed by Finnish national law, with the exception of its conflict-of-law provisions. All disputes, disagreements or claims related to the Service will be resolved primarily by an agreement between the parties. If the parties cannot reach an agreement, the disputes will be resolved at first instance in the Tampere Region District Court.

12. Customer Service

Contact information for Moovy’s Customer Service can be found in the Service and on Moovy’s website.

 

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