YIT Plus Service Terms of Use

Upon registering as a User in the YIT Plus Service, I accept these Terms of Use and agree to comply with them.

1.       GENERAL

a.       Service Specification in Brief

The YIT Plus Service (or hereinafter the ‘Service’) is intended to primarily assist home owners and residents, boards or comparable residents’ associations, apartment’s  purchasers and construction share participants, as well as other actors that are connected to homes or houses in managing information, information flow and other functions of the homes or the entire real property by storing electronic information related to the aforementioned to the Service with access granted to various registered Users of the Service.

The Users of the Service must note that the YIT Plus Service is primarily intended as a helpful tool for home owners and other residents, apartment’s purchaser and construction share participants, as well as any related parties. The Subscriber  of the Service and, for their part, all Users of the Service are liable for the contents thereof as well as for updating the contents, the correctness of the data and for undertaking any actions arising from potential fees and services.

The Supplier of the Service is YIT Construction Ltd, business ID 1565583-5, Panuntie 11, 00621 Helsinki, Finland. The Subscriber of the Service is a housing company  or a real estate development company or a maintenance company in which the User’s residence/home (or future residence) is (will be) located. The User is only allowed to use the Service if the Supplier of the Service has a valid agreement (the ‘Service Agreement’) on the supply of the Service with the  Subscriber.

b.      Contents

The Subscriber and the Users of the Service must ensure that information stored in the YIT Plus Service pertaining to them is up-to-date and correct. The Users are liable for any materials they forward through the YIT Plus Service to other Users, to the Supplier of the Service or to third parties. Especially the Subscriber of the Service and all Users of the Service must take the above into account when typing up, editing or saving basic information, marketing campaigns, messages or files in the YIT Plus Service.

In addition, the User is responsible for ensuring that the materials provided thereby do not infringe or misappropriate copyright or other rights, good practice or orders of public authorities and that the materials are otherwise suitable for publication. In the event that the User breaches the above obligations, the User of the Service acknowledges that he/she is liable for the damage incurred by other Users, the Subscriber or the Supplier of the Service or any third parties due to such breach.

By using the YIT Plus Service, the User hereby grants the Supplier of the Service the right to collect, store and analyse all information, statistics, panel data or other data pertaining to the Subscriber/User that is generated in connection with the supply of the YIT Plus Service. The Supplier of the Service is entitled to use the aforementioned collected or stored information for the purposes of developing services or for other development work and/or in  its business activities. By using the YIT Plus Service, the User acknowledges that all information stored in the Service can be disclosed to the YIT Corporation, to companies belonging to the YIT Corporation in Finland and other countries in which YIT has operations or to other business partners of the Supplier if the disclosure to such business partner is necessary in order to provide the Service. The Supplier of the Service can also present analysed aggregated data in public so that no single User can be identified from the data.

The Supplier of the Service is not liable for any delays in delivery or service attributable to a third party. For example, network connections will be considered as a third party service for the purposes of these Terms of Use. The Supplier of the Service is also not liable for any indirect or consequential damage incurred by the Subscriber or the User of the Service.

c.       Licence to Use

The materials stored in the YIT Plus Service may only be used for purposes that abide by laws, decrees and good practice. Unless otherwise noted, title and intellectual property rights to the materials and data contained by the YIT Plus Service remain with the Supplier.

As a rule, the materials or other data accumulated by the YIT Plus Service are intended solely for the use of Users that have been granted user IDs for use in their own home or housing company, or a real estate development company, and as a marketing and sales channel for Service Partners and as a support tool for YIT’s services and customer relationships. The publication, public disclosure or other use that is in breach of the Finnish Copyright Act or other applicable legislation of the materials and other data stored in the YIT Plus Service always requires the specific consent of the Supplier or other rights holder. The Service may not be copied or published as a part of another service.

d.      YIT Plus Service in Different Markets

The YIT Plus Service is used in various  YIT’s markets and countries of operation. Different features may be made available in different markets, and the Service may not have the same contents in all countries. Some services and features may also be tailored for a specific site (such as monitoring of consumption data). Thereby the Service and its features may also differ between sites.

e.      Termination of the YIT Plus Service

The YIT Plus Service will remain available to the registered User for as long as he/she has an appropriate connection to the site or home either as a home owner or as a family member, purchaser of the apartment or construction participant, tenant, YIT partner, building manager or service company, or for some other comparable reason. The Subscriber of the YIT Plus Service may, however, quit using the Service by terminating the agreement with the Supplier of the Service at which point in time all Users registered under said the construction or apartment site connected to the Subscriber, lose their right to access the Service.

The Supplier of the service is not obligated to provide the User with the data or materials already entered into the YIT Plus Service. The Supplier of the service and any party authorised thereby is entitled, for a justified reason, to terminate a registered User’s right of use for a fixed term or for eternity. Breaching these Terms of Use, for example, can be considered a justified reason.

f.        Secure Use of the YIT Plus Service and Data Security

The functionality and reliability of the YIT Plus Service is based on the Users of the Service being recognisable and on the correct person acting under the User’s name. Thereby, the User is responsible for ensuring that he/she keeps the password he/she has received safe so that no other User or third party can gain access to it. In the event that the password becomes compromised, the User is obligated to immediately inform the party that originally gave the User the password of such occurrence or notify a customer service representative of the YIT Plus Service thereof (contact information is available in the service as well as on the login page of the Service www.yitplus.com).

g.       Changes to the Service and Features Subject to Extra Charge

The Supplier of the service is entitled to provide and implement the features of the YIT Plus Service in the manner it deems best. The Supplier is entitled to make changes that affect the properties, contents, technique and use of the services without separate notice. The Supplier is also entitled to restrict access to the services for a justifiable reason. The Supplier is further entitled to cease providing any specific feature of the YIT Plus Service.

The Supplier of the Service can also provide the Subscriber and the User with features that are subject to extra charge that the Subscriber and the Users can implement if they so wish. The specific contents and prices of the new services subject to extra charge will be confirmed in connection with their provision, and the Subscriber and the Users will be provided with methods of ordering and paying for the services so that they can implement the new features.

h.      Maintenance of the Service

The Supplier does not guarantee the uninterrupted operation of the YIT Plus Service. The same limitations that apply to online services on a general level also apply to the YIT Plus Service. The simultaneous connections of several Users can slow down the YIT Plus Service, and disruptions in network connection can affect the usability of the applications and other services. The Supplier is entitled to temporarily prevent access to an application or its part if it is necessary for a justifiable reason. In such case, the Supplier strives to ensure that the temporary block is lifted as quickly as possible and that it causes the least possible disruption to the Users of the YIT Plus Service.

i.         Supplier’s Liability

The Supplier is responsible for ensuring that the data saved in the Service are appropriately stored and that backups are made of the data on a regular basis.

Technical malfunctions and disruptions in network connection may occur in the use of the YIT Plus Service similarly to other online services, and these may cause a loss of data or system malfunctions. In the event that a disruption in the network connection or some other event causes the temporary loss of some of the stored data, the Supplier strives, if possible, to restore the data to the Services by using a backup copy.

The Supplier is not liable for temporary inaccessibility or disruptions in network connection arising from technical malfunctions, maintenance or installation work, nor is it liable for any damages resulting from delays, changes or disappearance of data caused by such inaccessibility or disruptions.

The Supplier is similarly not liable for any malware contained in the files or software produced or stored by third parties that are made available through the YIT Plus Service or for any damage incurred by the Subscriber/User as a result of the incorrect contents of such files or software.

In addition, the Supplier of the Service is not liable for any consequential, indirect or direct damage incurred by the Subscriber or the User of the service or by third parties. The Supplier will not compensate the Subscriber or the User for any damage incurred thereby for which a third party is liable.

In all events, the Supplier’s total liability shall be limited to the maximum liability under the mandatory provisions of the Finnish law.

THE SUPPLIER STRIVES TO ENSURE THE FUNCTIONALITY, CORRECTNESS AND SECURITY OF THE YIT PLUS SERVICE, BUT THE SUBSCRIBER AND THE USERS USE THE SERVICE AT THEIR OWN RISK. THE YIT PLUS SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPLICIT OR IMPLIED WARRANTY, INCLUDING IMPLIED WARRANTIES PERTAINING TO SALEABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SUPPLIER DOES NOT GUARANTEE THAT THE USE OF THE YIT PLUS SERVICE IS ALWAYS SECURE, RELIABLE OR ERROR-FREE OR THAT THE YIT PLUS SERVICE ALWAYS FUNCTIONS WITHOUT DISRUPTIONS, DELAYS OR DEFECTS. THE SUPPLIER IS NOT LIABLE FOR THE ACTIONS, CONTENTS OR DATA OF ANY THIRD PARTY. 

j.        Subscriber’s and User’s Liability

The YIT Plus Service is provided pursuant to a written agreement concluded between the Supplier and the Subscriber. The agreement sets out more detailed provisions on the Supplier’s liability for the provision of the Service and for the maintenance of up-to-date data.

Each individual User of the Service is obliged to abide by these Terms of Use, other undertakings they have approved and applicable laws in using the YIT Plus Service.

In the event that the User breaches the obligations set out herein, the User is liable to fully compensate the damage arising from the User’s use of the YIT Plus Service incurred by the Subscriber of the Service, other Users of the Service, the Supplier and/or third parties, including economic loss.

Comparably, the User is liable to fully compensate other Users, the Supplier and third parties for damages arising from the User otherwise acting in a detrimental manner while using the YIT Plus Service.

A User that creates user IDs for other Users in the YIT Plus Service is liable for the user IDs such User has created as well as for their use and deactivation in the Service. The liability applies to all Users that can create new user IDs for other Users of the Service, such as for example to a home owner that creates user IDs for his/her family members or tenants.

k.       Links to Other Websites

The links provided on the YIT Plus Service website enable the Users to leave the YIT Plus Service website, and the Supplier is thereby not liable for the contents of the linked websites or for the contents of the links provided on the linked websites. The links are intended to ease Users’ access to other websites, and the inclusion of such links on the YIT Plus Service website does not imply that the Supplier approves of the contents of the linked website or encourages the client to visit the linked website.

2.       Logging in to the Service and User IDs

Only registered Users may use the YIT Plus Service. Registering as a User requires a valid e-mail address that will also function as the user ID. The user ID is always personal, and it must not be disclosed to third parties. In connection with the registration process, the User also creates a personal password. The User may also be prompted to provide other mandatory information mentioned in the description of file in connection with the registration process, such as the date of birth.

The registration e-mail for the Service is provided by the Supplier during the construction phase, by the building manager or board active while the User lives on the property . Home owners’ family members as well as tenants will receive a registration e-mail from the Service after the home owner has added new user IDs to the Service. External Service Partners will receive their user IDs from the Supplier pursuant to a separate agreement. A customer service representative of the YIT Plus Service can be contacted for additional information on acquiring user IDs (please refer to the website for contact information).

Upon registering as a User, the User represents and warrants that he/she has read through these Terms of Use and that he/she agrees to comply with them in all use of the Service. Upon registering as a User, the User acknowledges that his/her profile is public in the Service and that other residents can see the User’s name and apartment details as well as other information set as public by the User. The publicity of the User’s profile can be adjusted in connection with the registration process or later in the User’s profile settings.

To the extent that the User has the opportunity to access and use the YIT Plus Service without logging in, the User nevertheless remains bound by these Terms of Use when accessing the Service.

3.       Electronic Bulletin Board and News

a.       General

The electronic bulletin board is a site-specific bulletin board that enables residents to chat and share notifications, photos and document updates with other residents. In most cases, residents can comment on bulletin board updates. The electronic bulletin board is updated with three different kinds of bulletins: news updates, document updates and general discussion.

News updates: During the construction phase, YIT can publish news intended for all residents as well as attach documents or photos to the news pieces. After construction is finished, the maintenance company or the building manager and the board take over.

Document updates: The building manager or the board or the maintenance company can choose to have an automatic update posted to the bulletin board when they add a new document to the document bank provided by the Service.

General discussion: Residents can use the Service to chat with and share photo updates with other residents. The discussion feature is unavailable in Russia during the construction phase.

b.      Reporting Inappropriate Content and Moderation of Discussion

Each User is obliged to report to a Subscriber any suspicions he/she has that a text or other contents stored in the Service is defamatory or invades privacy, incites racial hatred or other crime or contains otherwise illegal content.

The Supplier of the Service has assigned moderation of the Service to the Subscriber of the Service by an agreement. The Subscriber is obliged to appoint a responsible person for moderation of the Service. Pursuant to the agreement, the Subscriber is fully liable for the[A1] , the discussions held therein and for the moderation of the Service. The Supplier of the Service is not liable for the site-specific contents or the legality thereof in any way whatsoever.

4.       Commercial Service Partner Campaigns

a.       General

The YIT Plus Service enables YIT and YIT’s business partners (the ‘Service Partner’) to provide YIT Home purchasers and residents with targeted special benefits, services and campaigns as well. By accepting these Terms of Use, the User simultaneously gives his/her permission to the Service Partners to advertise in the Service. Service Partners are granted limited access to the Service. A Service Partner user ID cannot be used to access site-specific content or the personal data of the Users.

Orders and purchases made through the YIT Plus Service always take place between the User and the Service Partner, unless otherwise stated in the offer. To this extent, YIT is not liable for offers or orders or for completed or defaulted transactions made through the Service.

The Users of the YIT Plus Service must also note that the Service Partner advertisements, offers and campaigns displayed in the Service are organised by the applicable Service Partner and that they do not bind YIT in any way as the Supplier.

The User and the Service Partner are together liable for the legality of any offers, orders or transactions made as well as for fulfilling the terms and conditions of the transaction. YIT cannot monitor whether the Service Partners are selling the products or services they are offering in accordance with the terms and conditions agreed upon by the parties or whether the products or services are fully and actually delivered.

Parties/Users using the YIT Plus Service are obliged to abide by applicable laws when asking for and making offers and orders. The parties are obliged to abide by the terms and conditions or delivery terms applicable to their transaction and ensure that any measures they undertake do not infringe the rights of the other party. The buyer or some other User/customer making the purchase is responsible for ensuring that the order is genuine and that he/she has sufficient funds at the moment of placing the order.

b.      Targeted Offers and Campaigns

Service Partners can target discount campaigns to specific target groups based on data stored in the Service. The personal data of YIT Plus Service Users will not, however, at any point be disclosed to third-party Service Partners without the User’s separate consent.

c.       Users of the YIT Plus Service Who Are Minors or Under Guardianship

No advertisements will be displayed for Users under the age of sixteen. Minors or Users under guardianship will also not be entitled to make offers or orders or conclude agreements or engage in other legal acts through the YIT Plus Service. In the event that the User is representing someone else when using the YIT Plus Service, the User must be authorised to request offers, implement orders and issue undertakings on behalf of the entity they are representing.

5.       Miscellaneous

a.       Governing Law

The use of the YIT Plus Service and the interpretation of these Terms of Use shall be governed by the laws of Finland.

b.      Dispute Resolution

Any disputes arising out of the use of the Service will primarily be sought to be resolved in negotiations between the parties. Should the parties not come to an agreement during the negotiations, the dispute shall be settled by the District Court of Helsinki in accordance with Finnish law.

In the event that a third party issues claims against the Supplier on the basis of actions, information or contents published by the User in the YIT Plus Service, the User discharges the Supplier from liability vis-à-vis all damage, losses and costs (including reasonable legal fees and costs) arising from such claim. Although the Supplier draws up the rules applied to the Users’ actions, the Supplier does not monitor or direct the Users’ actions in the YIT Plus Service, nor is the Supplier liable for any data or contents distributed and shared by the Users in the YIT Plus Service. The Supplier is not liable for any defamatory, unsuitable, indecent, illegal or otherwise objectionable contents that may be encountered in the YIT Plus Service. The Supplier is also not liable for the behaviour of the YIT Plus Service Users in the Service or elsewhere.

c.       Special Terms and Conditions for Subscribers and Users Outside Finnish Territory

The YIT Plus Service is an international service provided from Finland that applies the same practices to all Subscribers and Users. Finnish law is applied to the provision of the Service. By using the Service the Subscribers and Users of the YIT Plus Service that are located outside Finnish territory hereby acknowledge that personal data necessary for using the service will be sent to Finland and processed there.

d.      Entry into Force and Amendments

These terms of use will enter into force on 1 September 2014 and will be in force until further notice. The Supplier is entitled to amend the Terms of Use  by publishing a notification of such new Terms and Conditions on its website (www.yitplus.com) once they enter into force.

6.       Support and Customer Service

The Supplier provides the Subscriber and the Users support via e-mail (free of charge) and by phone (subject to a charge) on weekdays. The contact information for the customer support of the YIT Plus Service can be found on the YIT Plus Service login page (www.yitplus.com) and in the Service.

 


 [A1]not clear. How can the Moderator be FULLY liable for ALL the content of the Service? Only for its information and the moderated discussion.