Terms of use

These general terms and conditions (“Terms of Use”) apply to the OfferSwap service (“Service”) that you use. These Terms of Use and any separate special terms that may be associated with them (“Special Terms”) constitute a binding agreement between OfferSwap (“Service Provider”) and the user of the Service (“User”). Please read these Terms of Use carefully, as well as any Specific Terms related to the Service you are using, as they contain important information about your use of our site and Services.

These Terms of Use contain the general terms and conditions applicable to the Services. These Terms of Use are supplemented by service-specific Specific Terms. In the event of any conflict between these Terms of Use and the Specific Terms for a particular Service, the Specific Terms for that Service shall prevail. The Terms of Use are binding on the User for as long as the User uses the Service. If the User does not accept these Terms of Use or wishes to terminate the agreement constituted by these Terms of Use, the User shall immediately cease using the Service.

Rights and obligations of the service provider

In principle, the service is available 24 hours a day, every day of the week. However, the Service Provider has the right to temporarily take the Service or part of it out of operation for maintenance, installation of equipment, public order and safety, excessive load on the system or other necessary reasons. The Service Provider makes no warranties, express or implied, as to the operation or functionality of the Service and does not warrant that the Service will be uninterrupted or error-free.

The Service Provider has the right to improve and in any way change the content, structure and layout of the Service, its product and database selection, software, hardware, manuals and other documentation, service times and other parts of the Service. The Service Provider has the right to change the free parts of the Service into paid parts or to stop maintaining the Service in part or in full. The Service Provider shall, where reasonably possible, endeavour to inform the User in advance of any changes or interruptions in the Service that are material to the User via the Service or in any other manner it deems appropriate. The changes will take effect as soon as they are implemented.

The Service Provider shall always have the right, at its discretion, to discontinue providing the Service in whole or in part or to replace the Service with another solution. The Service Provider shall, where possible, give you reasonable advance notice of termination of the Service via the Service or by any other means it deems appropriate. The Service Provider reserves the right to terminate the agreement constituting these Terms of Use and to block access to the Service in such a situation after the User has been notified of the changes.

The Service Provider may remove from the Service any material that the Service Provider has prohibited from being published on the Service or that, in the opinion of the Service Provider, is illegal or contrary to good practice, inappropriate, incorrect, harmful or damaging to the Service Provider, Users or third parties. The Service Provider is not obliged to inform the Users of the deletion of the material either before or afterwards.

If there is any communication between Users on the Service, either directly through private messages and discussion forums or indirectly through content submitted to the Service, the Service Provider shall not be liable for any harm or damage caused to other Users or third parties by any communication or other activity between Users.

User rights and obligations

You are granted a personal right to use the Service in accordance with these Terms of Use, any Special Conditions and any other terms and conditions applicable to the Service or individual parts thereof.

In all of your use of the Service, you agree to comply with these Terms of Use, any Special Terms, and any other rules and guidelines governing your use of the Service, as well as with the law and good practice. You also agree to comply with the rules and guidelines set elsewhere on the Service.

The User understands that the Service Provider is under no obligation, but has the right to monitor the User’s use of the Service if the Service Provider deems it necessary.

You must not display material that is illegal or in breach of good practice. You are responsible for ensuring that you have all necessary copyright and other rights and/or consents of right holders to the material you post on the Service and any other material you transmit, post or store on the Service and agree not to transmit or post (for example, by linking) any material or messages through the Service, infringes the proprietary, copyright and/or other rights of third parties, is offensive, discriminatory, abusive, defamatory, libelous, criminal, obscene, illegal or otherwise objectionable or harmful or damaging to the Service Provider, other users or third parties or may cause interference, disruption or other interruptions to the Service. The User shall be liable for any damage caused by such action. The User shall be responsible for all direct and indirect costs incurred by him/her in connection with the use of the Service.

If it appears that the User violates these Terms of Use while using the Service, or if the Service Provider has reasonable grounds to believe that such a violation has occurred, the Service Provider reserves the right to immediately close the user account and temporarily restrict access to the user account and/or the Service without prior notice.

Notifications published on the service

If the User may post notices on the Service, the posting of notices is subject to this Section 4 of the Terms of Use. The User’s notification will be published on the Service as soon as possible after submission. However, the Service Provider is not obliged to publish the notice on the Service.

The Service Provider has the right to publish the User’s notification also in another part of the Service than the one where the notification was originally published, as well as on the websites, other channels and services of the Service Provider’s partners. The Service Provider is free to use the advertisement in its marketing, regardless of the means of distribution and/or implementation.

The Service Provider reserves the right to change the title of the User’s notifications in order to maintain the quality of the Services. The Service Provider has the right not to publish or edit an advertisement if it considers that the advertisement or any part thereof is misleading, inappropriate or offensive, contains irrelevant material, is in breach of these Terms of Use or is otherwise not suitable for publication on the Service.

The User grants the Service Provider the rights to the notifications specified in Section 7. In accordance with Finnish law, the user is liable for criminal liability and damages for the content of the material published.

User or identification data may be disclosed to the police or other authorities if there is reason to suspect that a crime has been committed, the investigation of which may be facilitated by the disclosure of user or identification data, and the authority makes a reasoned request to that effect.

The Service Provider reserves the right, at its sole discretion, to remove or not to publish at any time any notice in which, according to the information available to the Service Provider, any legal ambiguity is suspected in relation to the notice, its content or the User who made the notice. The Service Provider shall have no liability towards the User, even if it later transpires that such suspicions of legal uncertainty have proved to be unfounded.

OfferSwap offers OfferSwap services as online services via the internet. OfferSwap allows you to compare, compete and order different business services on behalf of the company you represent. OfferSwap Services will introduce you to the services of the various OfferSwap partners that these partners have chosen to offer through OfferSwap Services. You can select the services you want from the list of services presented to you and place a service order with that service provider via OfferSwap. Please note, however, that the subscription may be completed on the website of your chosen service provider, and not on OfferSwap. Consequently, if you wish to finalise such an order, you will be redirected to the website or online services of the service provider of your choice, which will be subject to their own terms and conditions.

Even if we have introduced one of our partner services to you on our OfferSwap service, this does not mean that our partner accepts your order for the services you have chosen or enters into an agreement with the company you represent in relation to our partner services. OfferSwap is not involved in any way in the negotiation or drafting of any contract regarding the services provided by our partners through the OfferSwap service and in any event does not guarantee that the partners will ultimately deliver the services as ordered by you. You, as the user, are solely responsible for placing the order and negotiating contracts with our partners for the service. OfferSwap is not responsible for the provision of the Services, the provision of which is the sole responsibility and discretion of the partners providing the Services.

When you upload, download or otherwise submit material or information to or through the OfferSwap Services, you agree to ensure that all such submitted material or information is owned by you or otherwise available to you under applicable law, and that none of the submitted material or information is proprietary material of any third party to which you do not have a right of use. You warrant and represent that no material or information uploaded by you to or through the OfferSwap Service is unlawful, offensive, harmful, dangerous or otherwise inappropriate to the OfferSwap Services. Where you have the opportunity to upload personal data of others through the OfferSwap Services (e.g. in connection with the purchase of occupational pension benefits), you warrant that you have the right under applicable data protection legislation to process and transfer such personal data.

You are solely responsible for, and agree to comply with, all applicable laws and guidelines for your use of the OfferSwap Services. You must not in any way misuse our OfferSwap services or use the OfferSwap services for your own business purposes, those of the company you represent or those of any third party. You must not attempt to interfere or disrupt the OfferSwap Service in any way, and you must always use our OfferSwap Services in accordance with the instructions and restrictions on use that we provide. We may stop providing our OfferSwap services to you at any time if you do not comply with these Terms, our other guidelines or applicable law. We may also suspend our OfferSwap service to investigate alleged misuse or infringement.

Intellectual property rights

All content on the OfferSwap Services and our website is protected by copyright (including but not limited to trademarks, copyrights, patents, and registered proprietary rights) and all rights in and to the OfferSwap Services and website or their content belong to OfferSwap, our licensors or our partners. Copying, modifying, or disassembling the OfferSwap service, our website or their contents, in whole or in part, including by copying texts, graphics or design, is prohibited. You and the company you represent are granted only a limited, non-exclusive, non-sublicensable, non-transferable right to use the OfferSwap Services and our website for the purposes described in these Terms.

However, as an OfferSwap user, you may download, display or print individual pages or parts of our OfferSwap Services or our website as evidence of any contracts or orders/purchases you have entered into with us or our partners through our OfferSwap Services. The relevant file or printout must clearly state “© Copyright [Kuluva vuosi] OfferSwap – All Rights Reserved”.

As a user of the OfferSwap service, you represent that you have the rights to use the content (including documents, texts or images) that you submit or upload to or through the OfferSwap service. You may not upload or post to or through the OfferSwap Services any material that is not your own or to which you do not have at least the right to use and publish. The same applies to any third party personal data that you upload or submit through our OfferSwap services.

By posting or uploading any Content to or through the OfferSwap Services, you grant OfferSwap a royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, and publish such Content in any media now known or later developed in any country for any purpose. However, OfferSwap will never disclose or use any information that is determined to be confidential or privileged under applicable law, except to the extent permitted by law.

You (or the company you represent) shall defend, at your expense, OfferSwap against all claims, costs, expenses, damages and losses in the event that OfferSwap is served with a claim that any material posted or distributed by you on or through the OfferSwap Service or your use of our OfferSwap Services infringes any intellectual property rights of a third party.

Limitation of liability

The Service Provider provides the Service and its content “as is” without any warranties, representations or liabilities. The User uses the Services provided and/or mediated by the Service Provider at his/her own risk. The Service Provider is not responsible for any security risks associated with the use of the Service or the accuracy or fitness for a particular purpose of the content of the Service other than as required by mandatory law.

Except as otherwise provided by mandatory law, the Service Provider shall not be liable for any direct or indirect damages that the User or third parties may suffer as a result of using the Service or as a result of interruptions, delays, errors or omissions in the Service or in information or notices available through the Service or any other direct or indirect damages otherwise arising in connection with the Service.

The User is liable to compensate the Service Provider and third parties for any damage caused by the User’s act or omission in violation of the law, the regulations and instructions of the authorities, these Terms of Use or the Special Conditions.

As described above, the OfferSwap Services only allow you and other users to access the products and services offered by our partners on the OfferSwap Services, and provide a means for communication between our partners and users, to make inquiries or to order services. OfferSwap is not responsible for the contractual relationship between users and our partners or for the performance of the services under the contract. OfferSwap is also not responsible for the acts or omissions of its partners or any other person or entity in connection with services or products ordered by users. In all cases, the user (i.e. the company they represent) has a contract directly with our partner and the partner’s terms and conditions apply to the order/purchase.

To the fullest extent permitted by applicable law, OfferSwap will not be liable for any loss or damage of any kind incurred, whether caused by your use of the OfferSwap Services or directly by OfferSwap Services or their functionality. In no event shall OfferSwap be liable for any indirect, consequential or exemplary damages whatsoever, however caused. To the extent that OfferSwap’s liability for loss or damage cannot be excluded entirely due to the requirements of mandatory law, OfferSwap’s liability for such loss or damage is limited in its entirety under these Terms to one thousand euros (EUR 1000).

You (or the company you represent) shall defend, at your expense, OfferSwap against all claims, costs, expenses and damages arising from your use of the OfferSwap Services in violation of these Terms, the Privacy Policy or applicable law.

Guarantee

OfferSwap services are provided “as is” and “as available”. We do not warrant or represent in any way that the OfferSwap Services will be uninterrupted or error-free, or that the OfferSwap Services are suitable for any of your intended uses. We make no express or implied warranties for the OfferSwap services, and to the fullest extent permitted by applicable law, we disclaim all warranties and conditions with respect to such services.

Overwhelming obstacle

Neither party shall be liable for any damage caused by an obstacle beyond its reasonable control which it could not reasonably be expected to have foreseen at the time of entering into the agreement and the consequences of which it could not reasonably have avoided or prevented.

Processing of personal data and cookies

The Service Provider will process Users’ personal data in accordance with the Service Provider’s Privacy Statement and Privacy Policy and in accordance with the privacy legislation.

Editing the terms of use

The Service Provider reserves the right to change the Terms of Use. The Terms of Use may be amended and supplemented from time to time, in particular as a result of changes in the provision or content of the Services, changes in legislation or regulatory practice, or unforeseen circumstances. The Service Provider shall notify the User of any material changes to the email address provided by the User, the Service and/or the Service website at least thirty (30) days before the changes take effect. If the User does not accept the changes, the User has the right to withdraw from the Service. The User shall be deemed to have accepted the changes if the User uses the Service after the changes have come into force.

Transfer of services

The Service Provider has the right to transfer the Service and its maintenance as well as the related customer relationships to a company belonging to the Promicia group at any given time.

Other conditions

In addition to what is stated in these Terms of Use, the User undertakes to comply with any instructions issued separately by the Service Provider or arising in connection with the use of the Service that the Service Provider or its contractual partner may issue. The current Terms of Use are available on the Service Provider’s website and/or otherwise in connection with the Service.

The Service may contain links and connections to third party websites and services. Such services provided by a third party are subject to that third party’s terms of use and other terms and conditions, and the Service Provider is not responsible for the privacy policies, content, functionality or suitability of the sites for the User.

Applicable law and settlement of disputes

These Terms of Use and any Special Conditions and their interpretation shall be governed by Finnish law, excluding its conflict of law provisions.

Any dispute arising out of the OfferSwap Services or these Terms that cannot be resolved by mutual negotiation between the parties shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Chamber of Commerce in Hämeenlinna, Finland. The dispute will be decided by one arbitrator and the language of the arbitration will be Finnish. However, a claim for a monetary claim can also be decided by the general court of the defendant’s domicile if the defendant does not contest his or her obligation to pay.

If OfferSwap does not plead any of your breaches of these Terms, this shall in no way be construed as a waiver of OfferSwap’s right to plead similar breaches in the future.

If any part of these Terms is found to be invalid or unenforceable, that part will nevertheless be applied to the fullest extent permitted by law and the remaining parts of these Terms will remain in force.

Validity of the Terms of Use, contact details

These Terms of Use enter into force on 1.1.2024 and are valid until further notice.

The User may address any complaints, questions about the Terms of Use or feedback regarding the Service to the Service Provider by contacting the Service Provider’s customer service using the form and/or by e-mail.

Promicia Oy
Palokunnankatu 28 Lh5.
13100 Hämeenlinna, Finland
Email: contact@offer-swap.com
Phone number: +358 (0) 451699282

We record all messages to improve and speed up customer service.

Service-specific terms of use

Processing of personal data and use of cookies

The Service Provider processes the User’s personal data on behalf of its partners as processors of personal data, when it collects the User’s name, contact details and other information provided by the User for the purpose of concluding a possible contract on the Service and transmits this information to the partner chosen by the User so that the User and the partner can conclude a service contract.
The user can consult the privacy policy of the service provider of his choice on the website of the service provider or by any other means implemented by the service provider.

The Service Provider processes the Users’ personal data as a data controller in accordance with the Privacy Policy and the Privacy Statement and in accordance with the privacy legislation.