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  • Etra
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  • General terms of use of the chemical management system

General terms of use of the chemical management system

1. General

These general terms of use ("Terms") define the legally binding conditions applicable to the use of the chemical management system of Etra Oy ("Company") and the related online cloud service ("Service") as well as all content within the Service.

The subscriber to the Service ("Customer"), as well as any users of the Customer, such as employees or other similar stakeholders ("Customer User") (hereinafter collectively referred to as "User"), must accept these terms before using the Service. By registering for the Service and/or downloading, installing, or otherwise using the Service, the User agrees to the Terms. If the User does not accept the Terms or does not understand them, the User should not register for the Service or download, install, or otherwise use the Service.

The Company reserves all rights except those expressly granted in these Terms.

 

2. Service Content and Use

The Service is a chemical management system. The Service is provided to the User as a browser service, which can be accessed using devices containing an internet browser. The Company does not guarantee that the Service will be available on all devices.

The User is responsible for acquiring all necessary devices and telecommunications connections for using the Service, as well as for all costs and expenses incurred.

 

3. Registration

These terms govern the use of the Service. By registering for the Service, the User agrees to the Terms and:

(i) Agrees to provide truthful, accurate, up-to-date, and complete information about themselves during the registration process;

(ii) Agrees to ensure that their login information (including password) is kept secure;

(iii) Agrees to keep the information provided during registration accurate, truthful, up-to-date, and complete, and to update it promptly; and

(iv) Agrees that if the User provides false, inaccurate, outdated, or incomplete information, or if the Company has reasonable grounds to suspect that the information is false, inaccurate, outdated, or incomplete, the Company has the right to close the User's user account and prohibit the User from current and future use of the Service.

 

4. License and Intellectual Property Rights

The Company grants the User a limited, non-exclusive, revocable right to use the Service on a customer-specific basis under these Terms. The User does not have the right to transfer, sublicense, rent, transmit, or otherwise distribute the rights belonging to the User under these Terms.

All intellectual property rights related to the Service and its content, including copyrights, belong to the Company and/or licensors who have granted licenses to the Company. The User may not modify, alter, remove, copy, publish, make available to the public, or transfer any items protected by intellectual property rights belonging to the Company or its licensors, nor otherwise infringe upon the intellectual property rights of the Company or its licensors.

The Company reserves all rights except those explicitly granted to the User in these terms.

 

5. Restrictions on Use

The User is not allowed to:

(i) Copy, reproduce, display, publicly transmit, retransmit, or otherwise use any part of the Service or its content in a manner not expressly permitted in these terms;

(ii) Sell or attempt to sell the right to use the Service or the code needed to use the Service;

(iii) Provide the password to a third party or use another person's username or password;

(iv) Reverse engineer, reverse assemble, decompile, modify, or use the Service or any part thereof to create derivative software;

(v) Circumvent any protection technology used to protect the Service by the Company or its licensors;

(vi) Rent or lease the Service or any part thereof;

(vii) Use the Service in a manner that violates these Terms;

(viii) Circumvent the Company's country-specific restrictions; or

(ix) Artificially circumvent pricing constraints or otherwise manipulate the Service through scripting or other automated processes; or

(x) Use the Service for illegal or improper purposes or otherwise harm, destroy, or overload the Service.

In addition to the above, the User agrees to reasonably ensure that the Service and its content are not used unlawfully.

 

6. Processing of Personal Data and Other Data

Personal data is used in the Service in accordance with the legislation and other data protection regulations for the implementation of the service. More detailed information is provided in the online store's register description.

 

7. Use of Data

The tasks created and managed by Users in the Service are visible only to those Users for whom they are intended to be visible. Personal tasks are visible only to the User who created them.

Company administrators cannot view tasks of other Users or their names/descriptions. Company administrators only see Users' contact information, team numbers and categories, and organizations. Data usage is governed by the Company's privacy policy https://www.etra.fi/en/about-us/data-privacy.

 

8. Warranty and Availability

Important notice!

The chemical management system is only a tool, and the information it provides is indicative, and the information contained in the list may not be up-to-date, accurate, or complete. In no circumstances are the Company or its subsidiaries responsible for the accuracy, timeliness, completeness, or correctness of the information provided by the chemical management system.

The User must always verify the correct information from the safety data sheet of the chemical in question.

Use of the Service is at the User's own risk.

The Service is provided "as is" and "as available". The Company does not provide any express or implied warranty for the Service, its quality, content, or suitability for a particular purpose. No information provided by the Company to the User in writing or orally constitutes a warranty by the Company.

The Company endeavors to ensure the functionality and availability of the Service to the best of its ability and seeks to correct any errors within reasonable time. However, the Company does not guarantee the accuracy of the Service, or that the Service will be continuously available. Technical disruptions and maintenance interruptions may occur from time to time, causing temporary interruptions to the Service. The Company reserves the right to modify and temporarily or permanently remove Service functions and features. The Company has the right to develop and modify the Service. The Company also reserves the right to discontinue providing the Service at its discretion at any time. The Company aims to inform the User in advance of such changes. The User is responsible for any costs incurred as a result of such changes.

The Service may contain links to websites owned and/or operated by third parties. The Company is not responsible for such third-party websites, and the materials and contents on such websites are not under the control of the Company. The Company is in no way responsible for the dealings between the User and such third party. A link to a third-party website added by the Company does not in any way indicate the Company's endorsement or promotion of such a website or the material or content on such a website.

 

9. Limitation of Liability

The Company or its affiliated companies, their management, and employees shall not be liable for any indirect or consequential damages (including lost data, malfunctions, computer defects, or financial losses) arising from the use of the Service or the prevention of use, even if the User has notified the Company in advance of the possibility of such damages. In case of problems related to the Service, the User's rights are limited to the right to cease using the Service.

The Company's liability is in any case limited to mandatory liability provisions under Finnish law. In such cases, the Company's total liability for damages, regardless of their nature and amount, is in any case limited to the purchase price paid by the Customer to the Company for the product batch that caused the damage.

In the event that the Company and/or its employees or representatives are considered partially liable for the inadequacy, obsolescence, or error of the information produced by the chemical management system or for any similar reason, the customer company using the chemical management system undertakes to fully compensate Etra and/or Etra's employees and/or representatives for all costs and damages that they may incur or be liable for.

In no event shall the Company be liable for delay or damage resulting from force majeure beyond its control, which could not reasonably have been taken into account by the parties at the time of making the contract and consequences that could not reasonably have been avoided or overcome. The party must immediately notify the other party in writing of force majeure and the cessation of force majeure.

 

10. Termination and Other Termination

The User may terminate the Service at any time by notifying the Company in writing. Termination takes effect when the Company deactivates the User's credentials.

The Company has the unilateral right to terminate the Service and to close the User's access to the Service at any time if the User or anyone else using the User's credentials is suspected of using the Service in a manner contrary to these Terms or otherwise improperly, or if the Company, in its sole discretion, considers the use of the Service to be contrary to good practice or the Company's interests. If the Company terminates the Service for reasons other than those mentioned in these Terms, the Company is not responsible for any fees paid by the Customer or the Customer's user or any third party.

 

11. Changes to the Terms and Independence

The Company has the unilateral right to make changes to these Terms at its discretion. All changes to the Terms will be notified to the User within the Service, and the User may inform the Company of their acceptance of the changed Terms or that the User does not accept them. If the User continues to use the Service after receiving notice of the changed Terms, the User is deemed to have accepted the changes.

If any provision of these Terms becomes invalid due to a change in legislation or for any other reason, the Company will amend that provision to make it valid. The invalidity of a clause does not affect the validity or interpretation of the other clauses of these Terms.

 

12. Applicable Law and Dispute Resolution

These Terms are governed by Finnish law, excluding its provisions of conflict of laws.

Any disputes arising from these Terms, unless resolved amicably, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Central Chamber of Commerce. There shall be one (1) arbitrator, the place of proceedings shall be Helsinki, and the language of proceedings shall be Finnish.

 

13. Different Language Versions

If these Terms are translated into another language and there are inconsistencies between the different language versions, the Finnish version shall prevail, and any discrepancies shall be deemed to have arisen from translation errors.

 

14. Contact Information

Email: [email protected]

Telephone: +358 20 765 4020