Terms and Conditions of Use for the YIT Plus Service

  

These terms and conditions apply to the users of the YIT Plus Service. By signing up for the YIT Plus Service (such as by clicking “Accept”), you accept these Terms and Conditions of Use and agree to be bound by them.

1.       GENERAL

a.    Service description in brief

The purpose of the YIT Plus Service (hereinafter also referred to as the “Service”) is to assist and simplify the opportunities of an apartment’s owners and tenants, a housing cooperative’s board of directors or a similar community of tenants (the “User”) to control the information, communication and other functionalities concerning the apartment and the entire property in a manner where the related data is stored in electronic format in the Service, where it is made available to Users who have signed up for the Service.

The Users of the Service should note that the YIT Plus Service is primarily a tool for apartment owners and tenants and their interest groups. The subscriber of the Service and, for their part, all Users of the Service are responsible for the contents of the Service, the updating of the contents, the accuracy of the information and any transactions related to possible Services and payments.

The Service is provided by YIT Rakennus Oy (the “Provider” or “YIT”), Business ID 1565583-5, Panuntie 11, 00621 Helsinki, Finland. The subscriber to the Service is the housing cooperative/real estate company (the “Subscriber”) where the User’s apartment/flat is located. The use of the Service requires the Service Provider to have an existing agreement (a “Service Agreement”) with the Subscriber for the provision of the Service.

b.    Content

The Subscriber of the Service and the Users, each for their part, are responsible for ensuring that the information pertaining to the Subscriber and User are up to date and correct in the YIT Plus Service. The Users are personally responsible for any material delivered via the YIT Plus Service to other Users, the Service Provider or third parties. The Subscriber and all Users of the Service must especially bear this in mind while entering, editing and saving basic information, marketing campaigns, messages or files on the YIT Plus Service.

Furthermore, the User of the Service is responsible for ensuring that the material provided by them does not infringe upon copyrights or other rights, violate generally accepted practices or authority regulations or that it is not unfit for publication. By breaching the above obligations, the User acknowledges that they are liable to the other User of the Service, the Subscriber of the Service, the Service Provider or a third party for damage caused by this breach of obligations.

When operating in the YIT Plus Service, the User grants the Service Provider the right to compile, store and analyse any data, statistics data, tracking data or other data pertaining to the Subscriber/User that is generated in connection with the provision of the YIT Plus Service. The Service Provider is entitled to use the collected or stored data mentioned hereinabove for service development, other development and/or in its business. When using the YIT Plus Service, the User acknowledges that all the data stored in the Service may be disclosed to YIT Oyj, companies belonging to the YIT group of companies (YIT Oyj) in Finland and in other countries where YIT operates, or to other partners of the Supplier to which handing over the data is considered material for the purposes of the implementation of the Service. The Service Provider may also present the analysed mass data in public in a manner where a single User cannot be identified from the data.

The Service Provider is not responsible for a delay in delivery or service caused by a third party. Telecommunications links are considered such a third-party service, for example. The Service Provider is also not responsible for any indirect or consequential damage caused to the Subscriber or User of the Service.

c.    Access rights

The User has the right to use the Service pursuant to the terms of this Contract during the period of validity of the Service Agreement.

The material available on the YIT Plus Service may only be used for purposes that are pursuant to the legislation, other authority regulations and good practice. Unless otherwise stated, right of ownership and intellectual property rights to the material and data contained in the YIT Plus Service remain with the Provider.

Generally speaking, the material or other data that is gathered in the YIT Plus Service is only intended for use by Users with User credentials in their own apartment or housing cooperative or, as regards Service Partners, as a marketing and sales channel, and for supporting YIT's Service and customer relationships. The User has no right to resell or distribute the Service, its contents or a part thereof. Publication of any material or other information on the YIT Plus Service, making it available to the public or otherwise using it in violation of the Copyright Act always requires express permission from the Supplier or another rights holder. The Service may not be copied and published as part of another service.

d.    YIT Plus Service in different market areas

The YIT Plus Service is used in YIT's different market areas and countries of operation. Different functionalities may be in use in different market areas, and the content of the Service may not be similar in all countries. Some Services or functionalities may also be location-specific (such as consumption tracking), in which case the Service and its functionalities may also vary by location.

e.    Temporal dependencies in the YIT Plus Service

The YIT Plus Service is available to the registered User for as long as they are materially connected to the location or apartment either as owner, family member, tenant, YIT partner, property manager, maintenance company or for some other comparable reason. However, the Subscriber to the YIT Plus Service may discontinue the Service by terminating the agreement with the Service Provider, in which case all registered Users at the location in question lose their right to the Service.

For a justified reason, the Service Provider or a party authorised by them is entitled to terminate the access rights of a registered User for a set period of time or entirely. Acting in violation of these Terms and Conditions of Use may be considered a justified reason.

f.    Personal data

The Supplier collects personal data pertaining to the User, the User’s registration and the use of the YIT Plus Services which the Supplier requires in order to provide the Services to the User and for other purposes defined in the Supplier’s privacy notice. Such data includes, for example, email addresses and payment information. The Supplier processes this data in accordance with its privacy notice.

g.    Confidentiality

Both Parties agree to keep confidential any confidential material and data received from the other Party, and to refrain from using them for purposes other than those described in the Agreement.

h.    Operational security and information security of the YIT Plus Service

The functionality and reliability of the YIT Plus Service are based on the Users being identifiable and the correct persons acting on behalf of the User. Therefore, the User is responsible for the password being handed over to them being stored in a manner where the other Users or a third party cannot access it. If the confidentiality of the password is jeopardised, the User is responsible for immediately reporting this to the person who handed over the password or to the YIT Plus customer service (contact information is available on the Service and on the login page at www.yitplus.com).

i.    Changes to the Service and functionalities available at an additional cost

The Service Provider has the right to produce and implement the functionalities related to the YIT Plus Service in the manner it considers the best. The Supplier has the right to make changes affecting the features, content, technology and operation of the Services or to remove features from the Service, even without advance notification, and to limit access to the Services for a justified reason. The Supplier also has the right to cease providing a functionality of the YIT Plus Service.

The Service Provider may also make available to the Subscriber and the Users functionalities available at an additional cost which the Subscriber or Users may start using separately if desired. For new Services available at an additional cost, the more detailed contents and prices and the manner of subscription and payment are confirmed, allowing the Subscriber or Users to start using the new functionalities.

j.    Maintaining the Service

The Supplier does not guarantee the uninterrupted operation of the YIT Plus Service. The YIT Plus Service is subject to the same limitations as services on the Internet in general; simultaneous User access may cause congestion in the YIT Plus Service, and interruptions in data communications may affect the usability of applications and other services. The Supplier is entitled to suspend the Service temporarily if this is necessary for justified reasons. Even then, the Supplier aims to act in a manner where the interruption is as short as possible and causes a minimum of detriment to the Users of the YIT Plus Service.

k.    The Provider’s liability

The Provider ensures that the data stored in the Service is stored appropriately and backed up regularly.

Similarly to other services on the Internet, the YIT Plus Service may experience technical issues and communications interruptions which may cause data loss and operational disturbances. If a communications interruption or another event should cause some of the stored data to be temporarily lost, the Provider aims to, whenever possible, restore the data to the Service from backups.

The Provider is not responsible for interruptions or communications disturbances caused by technical defects, maintenance work or installation, or to any damage due to delays in, alterations to or loss of data caused by the said.

Similarly, the Provider is not responsible for any malware contained in files or software applications available on the YIT Plus Service that have been produced or saved by third parties, or for any damage caused to the Client/User by their erroneous content.

The Service Provider is not responsible for any indirect, consequential or direct damage caused to the Subscriber or User of the Service. The Provider will not compensate the Supplier or User for damage caused due to reasons attributable to a third party.

In all cases, the Provider's liability shall be limited to the imperative provisions of the laws of Finland.

THE PROVIDER AIMS TO KEEP THE YIT PLUS SERVICE FUNCTIONAL, FREE OF ERRORS AND SAFE, BUT THE SUBSCRIBER AND USERS OPERATE IT AT THEIR OWN RISK. THE YIT PLUS SERVICE IS DELIVERED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT. THE PROVIDER DOES NOT GUARANTEE THAT THE USE OF THE YIT PLUS SERVICE WILL ALWAYS BE SAFE, RELIABLE AND FREE OF ERRORS OR THAT THE YIT PLUS SERVICE WILL ALWAYS WORK WITHOUT DISTURBANCES, DELAYS OR SHORTCOMINGS. THE PROVIDER IS NOT RESPONSIBLE FOR THE ACTIVITIES, CONTENT OR DATA OF ANY THIRD PARTY

l.    Liabilities of the Subscriber and User

The YIT Plus Service is based on the Provider's written agreement with the Subscriber. The agreement defines in more detail the Subscriber’s responsibility for delivering the Service and maintaining up-to-date data.

Each individual User of the Service is responsible for adhering to these terms and conditions of use, the other commitments they have agreed to and the applicable legislation.

If the User violates the obligations in these terms and conditions, they are liable for compensating for the damage caused via the YIT Plus Service to the Subscriber, another User, the Provider and/or a third party in full, including any possible economic loss.

Correspondingly, the User is liable for compensating in full for the damage caused to another User, the Provider or a third party by their malicious use of the YIT Plus Service.

A User who creates user IDs for other Users on the YIT Service is responsible for the user IDs they create, their use and the deactivation of the user IDs on the Service. The responsibility applies to all Users who can create new IDs for other Users of the Service, such as apartment owners who create IDs for their family members or tenants.

m.    Links to other web addresses

The links available on the YIT Plus Service allow the User to leave the YIT Plus Service website; for this reason, the Provider is not responsible for the content of the link pages or the contents of the links included on the link pages. The links are intended to facilitate the Users’ access to other websites, and the inclusion of the links on the YIT Plus Service website does not imply that the Provider has approved the content of the linked page or recommends that the client study the content of the linked page.

2.                  Service login and user IDs

The YIT Plus Service is only available for Users who have signed up for the Service. Signing up for the Service requires a working email address that also acts as the user ID. The user ID is always personal and it must not be disclosed to anyone. The User also creates a personal password upon signing up. The other mandatory information mentioned in the data file description, such as the date of birth, may also be requested upon sign-up.

During the construction phase, the sign-up email for the Service is sent to YIT; after completion, the email is sent by the property manager or its board of directors. In Russia, the email is sent by YIT Service. The family members and tenants of the apartment’s owners receive the sign-up email from the Service once the owner has created the new Users on the Service. External Service Partners receive their own IDs from YIT according to a separate agreement. More information on acquiring the IDs is also available from YIT Plus customer service (contact information available on website).

When signing up for the Service, the User warrants that they have studied these Terms of Conditions of Use and agrees to follow them in all of their use of the Service. When signing up for the Service, the User acknowledges that their profile will be made public on the Service, which allows for tenants in the same building to see the User’s name and apartment as well as any other information that the User has made public. Profile publicity settings can be changed at sign-up or later in the profile settings.

The User is also obligated to follow these terms and conditions insofar as they can access and use parts of the YIT Plus Service without authentication.

3.                  Electronic notice board and news

a.    General information on the functionality

The electronic notice board is a location-specific notice board that can be used for discussion and for distributing notices, photos or document updates to all tenants. In most cases, comments may also be added to the updates on the electronic notice board. The electronic notice board consists of three types of notices: news updates, document updates and general discussion.

News updates: YIT may use this section during the construction phase, and the property manager may use it after completion, to publish news for all the tenants and share documents or photos together with the news items.

Document updates: The property manager or board may select the automatic posting of updates when a new document is saved in the document library.

General discussion: Tenants may use the Service as an electronic discussion board and distribute photo updates to other tenants. Reporting of inappropriate content and moderation of comments.

Each User of the YIT Plus Service is responsible for reporting to a moderator if they suspect that a post or another form of content stored on the Service to be libellous to themselves or someone else, to infringe upon the privacy of themselves or others, to instigate racial hatred or other types of criminal activity or to otherwise contain unlawful content.

By agreement, the Service Provider has transferred the responsibility for moderating the Service to the Subscriber, who is obligated to provide a separately appointed moderator for the Service. On the basis of the agreement, the Subscriber is wholly responsible for the contents of the Service, its discussions and moderation, and the Service Provider is not in any way responsible for the location-specific content or its legality.

4.       Promotions by commercial Service Partners

a.    General information on partner services

YIT and YIT’s cooperation partners (“Service Partners”) may offer special benefits, services and promotions to YIT Koti tenants on the YIT Plus Service, also in a targeted manner. By accepting these Terms and Conditions of Use, the User of the Service also gives the Service Partners permission to carry out advertising on the Service. The Service Partner receives dedicated, limited access to the Service, and the Service Partner's credentials cannot be used to access location-specific content or the personal data of any Users of the Service.

Unless otherwise stated in the offer, any orders and purchases made via the YIT Plus Service are always transacted between the User of the Service and the Service Partner. With regard to this, YIT is not responsible for any offers, orders, completed or uncompleted transactions made via the Service.

Users of the YIT Plus Service should also note that the advertisements, offers and promotions from Service Partners visible on the Service are the Service Partners’ own promotions and not in any way binding to YIT as the Provider.

The User and Service Partner are individually responsible for the legality of the provided offers, orders made and sales transacted and for the fulfilment of the terms of sale. YIT cannot check or verify that the Service Partners sell the products or services they are offering in accordance with the terms agreed on between the parties, or that the delivery of the products or services will be concluded.

The actors/Users using the YIT Plus Service are obligated to act in accordance with the existing legislation when making requests for quotation, quotes and orders. The parties are obligated to follow the terms of agreement or delivery terms concerning a single purchase/sale transaction and act in a manner where the actions taken do not infringe upon the rights of the other party. When making an order, the buyer or other User/customer is responsible for ensuring that the order is real and their financial standing is adequate at the time of the order.

b.    Targeted offers and promotions

The Service Partners may use the data saved in the Service to target their promotional offers to different groups. However, personal data for the Users of the YIT Plus Service will not be disclosed to external Service Partners at any time without the User's express consent.

c.    Underage and incapacitated adult Users of the YIT Plus Service

No advertising will be shown to Users who are under 16 years of age. Underage or otherwise legally incompetent Users are also not allowed to make offers, orders, agreements or other legal acts via the YIT Plus Service. If the User is operating on behalf of another party when using the YIT Plus Service, the User must be entitled to make requests for quotation, execute orders and make commitments on behalf of the represented party.

5.                   Miscellaneous

a.    Governing law

The use of the YIT Plus Service and the interpretation of its Terms and Conditions of Use are governed by the laws of Finland.

b.    Settlement of disputes

Differences arising from the use of the Service shall primarily be settled by means of negotiations. If the differences cannot be settled in the negotiations, the dispute will be settled at the District Court of Helsinki according to the laws of Finland.

If a party files a claim against the Provider on the basis of actions, information or content published by the User on the YIT Plus Service, the User shall indemnify and hold harmless the Provider concerning any damage, loss or costs (including reasonable legal fees and costs) related to such a claim. Although the Provider draws up the rules concerning user activity, the Provider does not supervise or guide the users’ activity on the YIT Plus Service, nor can it be held accountable for the information or content relayed or shared by the Users on the YIT Plus Service. The Provider is not responsible for any offensive, inappropriate, indecent, illegal or otherwise reprehensible content that may appear on the YIT Plus Service. Similarly, the Provider is not responsible for the behaviour of the Users of the YIT Plus Service on the Service or elsewhere.

c.    Special provisions concerning Subscribers and Users located outside of Finland

The YIT Plus Service is an international service offered from Finland that adheres to harmonised practices for all Subscribers and Users. The laws of Finland apply to the delivery of the Service. When using the Service, Subscribers and Users of the YIT Plus Service outside of Finland consent to the transfer of personal data necessary for the use of the Service to Finland and its processing there.

d.    Entry into force and amendment of the Terms and Conditions of Use

These Terms and Conditions of Use enter into force on 24/5/2018 and remain in force until further notice. The Provider is entitled to amend the Terms and Conditions of Use by notifying of the changes on its website (www.yitplus.com) as they enter into force.

6.                   Support and customer service

The Provider offers support to the Subscriber and Users by email and, for an additional charge, by telephone on weekdays. The contact information for the YIT Plus Service support and customer service is available on the login page of the YIT Plus Service (www.yitplus.com) and in the Service itself.