Terms of Service ("Terms")
Last updated: 23.1.2019
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.certison.com website ("Service") operated by Certison ("us", "we", or "our").
Our company provides website features and other products and services to you when you visit our website, use products or services, use applications for mobile, or use software provided by our company in connection with any of the foregoing (collectively, “Services”). The foregoing list of types of Services is not all-inclusive and additional types of Services may be offered by us from time to time.
Our company provides the Services subject to the conditions presented in these Terms. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
Changes to This Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you by posting an announcement on the website of the Services. What constitutes a material change will be determined at our sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Services or any other reason within or outside of our control. We reserve the right to suspend or discontinue the availability of the Services. We may also impose limits on certain features and Services or restrict your access to parts of or all of the Services without notice or liability.
You may not use a name, email address or trademark that is subject to any rights of another person or entity other than you without appropriate authorization.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Account at our Services.
Our Services are available to authorized representatives of legal entities and to individuals who are at least 18 years old to register for payable features of the Services.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to use the Services:
- For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
- With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To create multiple accounts for yourself or, on behalf of, for those you represent;
- To sell, assign or otherwise transfer your account;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To communicate with our representatives in an abusive or offensive manner.
To report a suspected abuse of the Services or a breach of the Terms, please send written notice to us at email: firstname.lastname@example.org.
If the Services are used in a manner that violates the Terms in any way, we may at our sole discretion, but are not required to, suspend or terminate your account, disable your access to the Services and/or take any steps that it deems appropriate to address the situation.
Subscriptions and Payments
We provide premium level services to holders of ‘___’, ‘___’, ‘___’ or ‘___’ subscription plans ("Subscription(s)", “Plan(s)”). These Services are billed on a subscription basis.
To register for Subscriptions, you must be at least 18 years of age and have a valid Account to our Services. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Subscription holders:
- Services available to Subscription holders are described on the Plans page of the Certison Service’s website.
- We may modify, suspend or discontinue Services provided to Subscription holders at any time at our sole discretion and without prior notice.
- Subscription based Services are available on a monthly or yearly payment-period principle.
- You agree that you will pay for all Subscriptions and products you purchase through the Services, and we may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
- You are responsible for providing us with a valid payment method for payment of all fees, such as valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information to us, you authorize us to charge such credit card for purchases made under its associated Account, for the initial subscription period and any renewal subscription periods. We’ll automatically bill you from the date you signed up for a Subscription and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so.
- We may provide new annual Subscription holders with a ____ (__) day trial period and will provide a full refund if you choose to terminate your Subscription within this period by providing a notice in writing to us of your Subscription termination that will be effective upon receipt (the “Termination Date”). If you choose to terminate your Subscription after the __-day trial period, you are not entitled to any refund for any fees paid for your Subscription.
- We may offer, during the registration process, a one-time free trial period during which you can try out our Subscriptions for 30 days from the date you register to use the Services without pre-paying in advance (“Free Trial Period”). To view the specific details regarding your Free Trial Period, if any, visit the Certison Service’s website and click “Your Account”, accessible after logging in to the Certison Service.
- If you participate in a Free Trial Period, you must cancel the Subscription by the end of the Free Trial Period to avoid incurring any charges. If you do not cancel the Subscription before the Free Trial Period expires, you authorize us to charge your credit card the full cost of your Plan, as described to you during the subscription process. Your Plan will then automatically renew and continue month-to-month or year-to-year (depending on your Plan), unless and until you cancel your Plan or we terminate it. You will not receive a notice from Certison that your Free Trial Period is about to end or has ended.
- You will be billed in advance on a recurring monthly or yearly basis, depending on your Plan. Payment obligations are non-cancelable, and fees paid are non-refundable. The level of the purchased Plan cannot be decreased during the ongoing pre-paid billing period.
- Your Plan payment will automatically renew and continue month-to-month or year-to-year (depending on your Plan), unless and until you cancel your Plan or we terminate it.
- You may cancel your Plan subscription via the cancellation link provided on the “Your Account” page, accessible after logging in to the Certison Service, or by sending an email to email@example.com.
- If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose access, upon the expiration of your current pre-paid period, to the features of the Subscription Plan in question, and any data or information stored in your account.
- We do not provide refunds on monthly or yearly subscription payments. Once you cancel your monthly or yearly payment, you’ll maintain access to your upgraded features until the end of your current pre-paid period.
- We reserve the right to change prices of our Services at any time. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, described on the Plans page of the Certison Service’s website.
- We reserve the right to terminate or deactivate your access to the Services for failure to pay applicable fees as described in these Terms.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your Account, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may terminate your Account at any time on the “Your Account” page, accessible after logging in to the Certison Service, or by sending an email to firstname.lastname@example.org. If you terminate your Account during an active monthly or yearly Subscription plan period, you will immediately lose all access to the Services and any data or information stored within your Account. When terminating an Account during an active monthly or yearly Subscription plan period, payment refunds will not be provided to you (see the “Subscriptions and Payments” section for additional details).
Upon terminating your account, you will immediately lose all access to the Services and any data or information stored within your account.
Links to Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge us, our affiliated and associated companies and our authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless us, our affiliated and associated companies and our authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services or Subscriptions, by you or any person using your account, or (iv) any violation of any rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Certison, certison.com and other Certison graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Certison. Certison’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Certison. The images and icons available in the Certison icon pack may be used by partners and third-party sites in connection with providing appropriate links to the Certison Services so long as they are used in a manner that is consistent with Certison’s requirements.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. CERTISON EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTISON DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER CERTISON NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. CERTISON SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, CERTISON’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO 100.00 EUROS.
YOU AND CERTISON AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF CERTISON AND ALL PARTIES TO ANY SUCH PROCEEDING.
These terms and conditions are governed by Finnish law and the parties agree to submit to the exclusive jurisdiction of the Finnish courts.
Indemnification of Certison
You, agree to defend, indemnify and hold Certison, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. Certison reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein is held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
If you have any questions about these Terms, please contact us.
This terms of service was last time updated on January 23, 2019.