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General Terms of Service

General Terms of Service

Background

I have been asked to participate in a qualitative research project (“Project”) using the Kopla Chatroom and Online Journal (“Kopla Tools”). As part of the Project, it is necessary to log onto and upload information to the tools.kopla.fi website (hereinafter ‘Website’), which is owned by Marketing Clinic Finland Oy (“Marketing Clinic”) and operated by Marketing Clinic and it’s licensees (hereinafter ‘Operator’). The Operator will have access to the information uploaded by me and other participants and will use the Kopla Tools to produce reports on behalf of it’s clients (“Client”).

By signing into the Website and as a condition of my use of the Website, I agree with Marketing Clinic and the Operator to abide by the following terms and conditions.

Terms

1. Title and Copyright

  • a. I acknowledge and agree that
  • (i) all title and intellectual property rights in the Website, Kopla Tools and software supporting the Website and Kopla Tools are the property of Marketing Clinic and are protected by copyright, design, trade mark and other intellectual property laws and treaties;
  • (ii) Subject to Marketing Clinic’s underlying rights to the report templates, algorithms and analysis tools, all title and intellectual property rights in the information (hereinafter ‘Information’) available on the Website regarding the products and business activities of the Operator and/or its Client, the data, reports, analytics and any material created, developed or produced as part of the Project is the property of the Operator and the Client and is confidential to the Operator and the Client;
  • b. For the avoidance of doubt, ownership of all personal information that I input into the Website is retained by me.

2. Access

  • a. Access to the Website is personal and I agree that I will not allow third parties to access the Website using the credentials granted to me, or otherwise share Information available on the Website with third parties.
  • b. I accept that the Operator and Marketing Clinic has the right at all times and for any reason to revoke my access rights to the Website;

3. Content

  • a. I acknowledge that the Website allows me to post information, content, user submissions and participate in the chat room (together ”Participant Content”) and may also allow me to see content submitted as part of the Project by other participants.
  • b. By posting, submitting, updating, modifying, transmitting or otherwise making available any Participant Content on this Website:
  • (i) I warrant that I independently created or otherwise have all the necessary rights and permissions needed to submit Participant Content to the Website; and
  • (ii) I agree, and warrant, that my Participant Content does not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and I agree to indemnify the Operator against any third party claims arising in breach of this paragraph (ii).
  • c. I agree to immediately inform the Operator about any breach or suspected breach of my obligations contained in this clause 3.

4. Permitted Use

Marketing Clinic prohibits the use of the Website and any of its functionalities, features and content in any manner other than as expressly set out in these terms. With respect to my use of or participation in any interactive facility on the Website, I acknowledge and agree that: * a. I am legally responsible for all content I submit; * b. under no circumstances will I post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating; * c. I will not: – (i) post or transmit any illegal, threatening, discriminator, or indecent material of any kind or any material in contempt of any court or parliament, or encourage any other person to do so; – (ii) post or transmit any material that portrays my employer, the Operator or its Client or Marketing Clinic in a derogatory light or brings my employer, the Operator or its Client or Marketing Clinic into disrepute, contempt, scandal or ridicule; – (iii) post or transmit any material that defames or slanders any person; – (iv) bypass (or attempt to bypass) any security mechanisms imposed by the Website or harvest or collect personal information of other participants; – (v) post or transmit false or misleading material or make any form of misleading or deceptive representation; – (vi) knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material. * d. The Operator and Marketing Clinic has the right, but not the obligation, to monitor and review Participant Content from time to time and the Operator or Marketing Clinic may, in it’s sole discretion and without prior notice to me, restrict my participation for any reason. * e. Notwithstanding the Operator’s right to monitor and review any Participant Content, the Operator is not obliged to do so. Neither Marketing Clinic nor the Operator accepts responsibility or liability for any Participant Content. In particular, I acknowledge and agree that the Operator does not authorise, condone or endorse any Participant Content of any other participant, and is not responsible for any incorrect, illegal, indecent or inaccurate information, either submitted by me, or another participant.

5. Confidential Information

  • a. I agree to keep confidential all Information obtained from the Website or obtained as part of my participation in the Project, regardless of the form in which it is received or presented, and I agree not to disclose, present or share the Information with any third parties or otherwise use the Information without the prior written consent of the Operator;
  • b. I agree that I will not use or benefit from my access to the Information or participation in the Project for any purpose other than that directly contemplated by the Project.
  • c. I agree that I will not making copies, have copies made on my behalf, or otherwise store copies of Information without the prior written consent of the Operator;
  • d. I commit to keeping the Project, my participation in the Project, and this Agreement and all its associated terms confidential unless otherwise agreed with the Operator.

6. Limitation of Liability

I acknowledge and agree that: * a. neither the Operator, it’s Clients nor Marketing Clinic shall be liable for any loss or damage (including, without limitation, loss of actual or anticipated profits, loss of contracts, loss of business, loss of revenue, loss of reputation, business interruption, loss of goodwill, loss of anticipated savings or loss of, damage to or corruption of, data or information) arising directly or indirectly in connection with my participation in the Project or use the Website or Kopla Tools or my inability to use the Website or Kopla Tools or otherwise even if the Operator, it’s Clients or Marketing Clinic has been advised of the possibility of such damages, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability. * b. The Operator, it’s Clients or Marketing Clinic shall have no liability with respect to the content of the Website or Kopla Tools or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, moral rights or the disclosure of confidential information. * c. The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

7. Privacy and Use of Personal Information

  • a. I acknowledge and agree that:
  • (i) Marketing Clinic collects personal information including my name, email address and product preferences (Personal Information) directly from my use of the Website.
  • (ii) Marketing Clinic holds my Personal Information to verify my identity enabling me to logon and use the Website.
  • (iii) Personal Information inputted by me into the Website will only be used by Marketing Clinic for the purposes of verifying my identity to allow access to the Website and to generate reports for the purposes of the Project for the Operator and it’s Client. The reports and associated analytics generate statistical and other information. It is not possible to associate data gathered from the Website with any personally identifiable information. The reports and associated analytics will not be used to track personally identifiable information or link my identity with my preferences.
  • (iv) Marketing Clinic will not otherwise disclose my personal information without my permission unless such disclosure is in accordance with these general terms or otherwise authorised by law.
  • (v) Personal Information will be stored on data servers located overseas in Finland. Marketing Clinic will take reasonable steps to hold such information securely in access controlled premises or in electronic databases requiring logins and passwords.
  • (vi) I have rights to enforce Marketing Clinic’s compliance with applicable Finnish data protection laws but may not have any recourse against Marketing Clinic under Australian Privacy Legislation.
  • b. By providing Marketing Clinic with my personal information I consent to that information being collected, used, disclosed and stored in accordance with these general terms and Marketing Clinic’s Security Policy.
  • c. I consent to the disclosure and use of my Personal Information in accordance with these terms and consent to it’s storage overseas in Finland where the servers are located.

8. Complaints

If I have any concerns or complaints in relation to use of my Personal Information as part of my access to the Website and participation in the Project I agree to contact us at insight@marketingclinic.fi. Upon receipt of such a concern or complaint in writing we will promptly investigate and will endeavor to respond as soon as reasonably possible.

9. Severance

If any clause or part of any clause in these terms and conditions is in any way unenforceable, invalid or illegal it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible the offending part) is to be severed without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) of these terms and conditions, which will continue in full force and effect.

10. Governing Law

These terms are governed by the laws in force in Finland.