Terms of service

These terms of service regarding the use of Funna Oy’s (hereinafter “Funna”) agility sport service (hereinafter the “service”) are applicable between Funna and a user of the service, with whom Funna has concluded a contract regarding the use of the service. By registering as a user, concluding a contract with Funna and using the service a user accepts these terms and agrees to comply with them during the entire term of the contract.

If you conclude a contract on behalf of a corporation, an association, a team or other legal entity, you represent and warrant that you are entitled to conclude a contract on behalf of the entity. A person making a contract regarding the use of the service must be of the age of 18 years or older.

Please note that the merchandise shop at https://shop.spreadshirt.fi/funna is owned and run by Spreadshirt and they have their own Terms and conditions.

Formation of a contract

A binding contract regarding the use of the service is made when a person registers and makes a contract online at www.funna.fi for the use of the service. Funna has a right to cancel a contract a user has made online.

Changes to the service and these terms

Funna develops the service continuously, so we may change, add or remove services, parts of the service or its terms of use. Users are informed about significant changes in a manner Funna usually communicates to its users, such as email or messages in the service. If the change concerns pricing or major changes in the service, Funna aims to notify users at least one month prior to the change. Unless a specific effective date has been given for the change, the change become effective when it has been made. By continuing to use the Funna services after the change the user accepts it. If the user does not accept the change, he/she should stop the use of the service and terminate the agreement.

Service provider

The service provider is:

Funna Oy
Business ID: 2912047-9
Tavikuja 2, 21250 Masku
FINLAND
www.funna.fi | www.funnarevolution.com
Email: hilma@funna.fi
Tel: +358 40 145876

Customer service and support hours: customer service and support by email primarily, limited phone support available at advance request Monday to Friday, 9 AM to 5 PM EET/EEST (excluding Finnish public holidays).

The contact details above can also be used for general inquiries, customer feedback and complaints.

Service description

The service meant on this document includes both online and on-site given agility training for handlers and coaches of dog agility. The online services are responsive web-based services used through an internet browser. The services available for the user depends on the user type (eg. consumer or coach). Use of the services with limited features may be free of charge, but additional features require payment of annual license fees.

Services given on-site, such as FunnaTM lessons are available for handlers on specific time and place. If needed Funna has the right to change the time, place or coach of the lesson or cancel it. These changes and possible refunds are made and communicated prior to the lesson if possible.

Liabilities of both parties

Funna instructs on the correct and safe way of exercising on the exercise descriptions. User is liable to follow the instructions or to ask for further assistance. Funna Oy is not liable for any accidents or damages done to the coach, user or his dog or any property. Consult your physician before starting and know your limits while training. Any under 15 years old handler is to be accompanied by an adult to Funna on-site lessons and all dogs participating in the training are under the adults’ supervision and liability. Age limits may vary according to your country, your coach will confirm the age limit.

Prices and payment methods

Use of the Funna services are available on-line for product specific price.

All fees are in euros, unless otherwise provided. All fees are VAT inclusive according to the applicable tax laws in force from time to time.

The Funna coaches have access to exclusive services and products, the coach portal and it´s features require payment of an annual license fee.

Funna offers payment by credit card or payment plan. All payments are made safely and securely by using a third parties, Klarna (www.klarna.com), payment processing services. When using the payment plan, the user makes a new contract with the payment provider Klarna. When a user pays with a credit card, the card will be charged when placing the order for the service.

Order cancellation by user

The Finnish Consumer Protection Act (kuluttajansuojalaki) specifies the conditions when a consumer (kuluttaja-asiakas) can cancel an order made distantly. By default, a consumer may cancel an order within 14 days. Regarding digital content and services (such as Funna online services), the 14-day cancellation period is calculated from making the contract for the use of the service. However, a customer has no a right to cancel an order for the use of a digital service, if the delivery of the service is started with customer’s consent prior to elapsing of the 14-day cancellation period.

By making a contract for the use of the service, the user gives consent that the delivery of the service is considered to be started when the customer has received login details or link to the downloadable digital material and can start the use of the service. Therefore, a contract for the use of the service cannot be cancelled.

Use of service and limited license

Funna grants the user a limited, non-exclusive, personal and non-transferable license to use the service or services for his/her personal purposes relating to dog agility. The user agrees to use the service according to these terms and applicable laws. If Funna has a reason to believe that the user has not followed these terms or the applicable laws, Funna may delete or limit the user rights or conduct other means it considers necessary.

A user cannot (a) use or try to use another user’s account without his/her and Funnas’ permission; (b) copy, modify or create derivative works of the service, it’s content or technology relating to it; (c) remove any intellectual property right notices from the service; (d) without permission, create a user account by using another person’s personal data or otherwise incorrect or fake data; (e) transfer his/her account to another user without Funnas’ prior written consent; (f) sell, resell or otherwise provide the Funna materials or license to use Funna coach tittle or services to a third party without Funnas’ prior written consent.

User accounts

The use of the service requires that a user accepts these terms online when making his/hers purchase with Funna relating to the use of the services and a user account with associated user
name is created for the user.

During the registration Funna must be provided with required details of the user. The user is responsible for giving accurate and truthful information and update the information when necessary for creating and maintaining a user account in the service. Login and password details are always personal. The user must make sure that the login and password details are maintained in a secure manner. Login and password should never be provided to anyone else and a person should never use another person’s login and password. If a user believes or knows that the confidentiality of his/her login and password has been compromised, he/she should inform about it to Funna without delay. Funna has the right to delete or limit user access, if Funna justifiably believes that the confidentiality of the user account has been compromised or the user does not follow these terms or otherwise acts in bad faith.

Information provided in the service and errors

Even when Funna has used great care to develop its´ services, Funna cannot provide any warranties that the service would operate error-free or that the data contained by it would be accurate, complete and up to date. The service is provided to the user on “AS IS” and “AS AVAILABLE” basis. The user should evaluate prior to use of the service that it is fit for the user’s intended purpose.

Privacy and personal data

Privacy of the users is important for Funna. Funna collects and processes personal data of its users in accordance with its privacy policy, an up to date version can be found on the Funna website.

Content created or provided by the users

If a user enters or creates content in the service while using it, the intellectual property rights relating to such content is owned by the user or its licensor(s). However, Funna has an unlimited right to use, modify and copy the content entered or created by the user in means of providing further service to the user or for any other reasonable business purpose of Funna, provided that any personal data of the user is not shared with such material without mutual consent of the user and Funna. Funna does not disclose user-created content to third parties, unless it is necessary for provision of the service to the user or for developing, analyzing or marketing the service, provided that Funna does not disclose the user-created content as such or in a manner that the user could be identified from such disclosure.

The user is responsible that it has a right to enter the content into the service and that the content it has entered or created does not violate any laws or third-party rights and is otherwise lawful. If so considered necessary, Funna has a right to delete, modify or restrict the content entered by the user into the service.

Intellectual property rights

The services and content relating to it are protected by copyright and other intellectual property right laws and shall remain the sole and exclusive property of Funna or its licensors, as the case may be. The user is only granted a limited right to use the services in accordance with these terms.

Use of the service

Use of the service requires a browser and an internet connection. The services can be used with compatible desktop and mobile browsers. Even if the services have been tested on different devices, browsers and operating environments, Funna cannot provide any warranties that it will function error-free on all possible devices, browsers and operating environments. The user is responsible at its own cost to acquire and maintain necessary devices, software and internet connections required for the use of the services. Funna does not guarantee that the application can be used specifically with the user’s device, software and internet connection. Funna is not responsible of the possible outages or disconnections of the service for instance due to updates, technical issues or problems or other similar reasons. Funnas is not responsible for any damages caused by or relating to use or inability to use the services.

Non-consumers: Limitation of liability

This paragraph’s terms apply only to users or customers that are non-consumers: Under no circumstances shall Funna be liable to the user for any direct or indirect, consequential or special damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages. Funna materials and services are only available for business usage of certified, licensed Funna coaches. Using Funna materials on ones’ own business purposes, marketing or business planning is forbidden from others than certified, licensed Funna coaches.

Term and effects of termination

The consumer user accepts this agreement upon every purchase. Any digital material purchased from Funna is available for the user in the Funna website for specific time, usually 2 weeks and
downloadable maximum of 3 times. The terms of publicity and distribution restrictions are valid for as long as the user has the Funna material at his disposal. It Funna has any right to believe that the consumer user misuses the Funna materials his account and agreements may be terminated without a notice.

The terms of coaching are defined in the agreement concluded between Funna and the coach. The license agreement supplements these terms. Unless otherwise specified in a contract between Funna and the coach, a contract is valid and in force for 12 months at a time and continues in 12-month periods, unless it is terminated prior to payment of a new contract period.
In addition to the above, for a justified reason Funna is entitled to restrict the use or support of the services or terminate this agreement between the parties by providing a written notification to the customer at least one (1) month in advance. Funna may also terminate this agreement, if payments for the use of services are delayed for more than one (1) month.

A party is also entitled to terminate this agreement in whole or in part in the event that the other party fails to comply with any material term of an agreement or these terms, provided that such failure is not cured by the breaching party, to the extent the failure is curable, within fourteen (14) days after the notice of the breach was provided by the non-breaching party. When the agreement relating to the use of the service is terminated or expires, terminates or expires also the right to use the services. The terms and conditions of an agreement which by their nature and purpose are intended to survive termination, shall survive any termination or expiration of an agreement.

Applicable law and dispute resolution

A contract between Funna and a user, the use of the service and these terms shall be governed by and shall be construed in accordance with the laws of Finland, without regard to its conflict of laws rules and principles.

Any litigation or dispute arising between the parties under these terms will be settled by amicable settlement. Failing amicable settlement, the dispute will be resolved by the district court of Helsinki, Finland. If the user is considered as a consumer domiciled in the EU, he cannot be deprived of the rights granted to him/her by the mandatory consumer protection laws of his/her country of domicile. A consumer may always institute proceedings in the district court of its domicile. Consumer-users may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr. Finnish consumers may always refer a dispute to the Finnish Consumer Disputes Board (see more: kuluttajariita.fi and kuluttajaneuvonta.fi).

Assignments

Unless otherwise agreed, a party does not have the right to transfer an agreement or rights and obligations related to it, entirely or partly, to a third party without the other party’s prior written acceptance. However, Funna may assign an agreement or rights and obligations related to it without the user’s prior acceptance in connection with any merger, sale of business or similar transaction.

 
 
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