Sunduka Cardu Terms of Use

Valid from 5.11.2012

1. General

These are the terms of use (later “Terms”) for Sunduka Oy (later ”Sunduka”) Cardu service and the application, webpages, content and software (later ”Service”). The user of the service (later “User”) must carefully read through, acquaint themselves with, and accept these Terms before using the Service. These Terms are applicable to all actions in the Service. By using the Service by registration as a user or otherwise these Terms become binding for the User.

Service may also include extra terms for certain additional features (such as payment and personal information processing terms, which will be applied to User in addition to these Terms. These Terms form a contract between Sunduka and the User. The Terms define the rights and obligations regarding the use of Service for each party.

2. Restriction of use

Service may be used by Users, at least 15-year old. Users under 15 are only allowed to use the Service with the consent of their parents or a legal guardian. Service may include features, such as additional payment features, that require a separate consent from the parents or a legal guardian. Registered Users for the Service must be capable of acting in law.

3. Registration and User responsibility

Users must be registered and some personal and other information is required before the User can begin using the Service. Registration entails online data transfer that can issue mobile data payments for the User.

The User consents to giving rightful information during registration and to keep such information up-to-date. The User must observe caution with username, password and pin-code in order to avoid unauthorized usage and notify Sunduka immediately if any unauthorized usage is detected. The User is personally responsible for the use of the Service. Parent or a legal guardian is responsible for the use of the Service in the case of underage Users.

The User may at any time cancel their registration and access to the Service. Termination of registration is done by sending an e-mail request to Sunduka to the address given in the end of these Terms of Use. Deleting the application does not remove a registration. Sunduka has the right to remove a registered User or restrict access to certain parts of the Service if there is reason to believe that the User has offended the Terms. Sunduka may discontinue a registration if the User has not logged in the Service during the last six (6) months.

4. Rights and restrictions regarding the use of service

The Service may be used according to the valid Terms of use, applicable legislation and other instructions and terms possibly given in the Service. Sunduka grants the User with a restricted, non-exclusive, non-transferrable right to use the Service such as described in these Terms for Personal purposes only and the User may not even partially use the Service for commercial Purposes. Sunduka does not grant the User any other rights to the Service other than the rights separately mentioned in these Terms.

User has the right to view and browse through the Service and its content (later “Content”) and make use of the features of the Service. The User may not modify or copy the Service or the Content in any way nor even partially or modified share, or distribute, transfer, publicly display or in any other way publish the Service or its Content.

The User may not use the Service for any purposes (i) that are against the law; (ii) that aim for discontinuation of the Service, hinder use by other Users or otherwise obstruct the use of Service. (Among other things the planting of viruses, timed malicious software or other material that are capable of affecting the programming structure of the Service); (iii) giving other kinds of wrongful information.

The User may not send, deliver or publish any such content in the Service (including, but not restricting text, picture, likes and user identification) that are (i) against the law or its letter or otherwise non-publishable; (ii) offends third party rights or (iii) is unauthorized advertising of a product or service or otherwise use content creation features against the law or its letter.

The User gives Sunduka, its associates or consolidated companies and all their representatives, directors and officials indemnity for all claims that concern the Use of the Service.

Sunduka has at any time, the right to restrict the use of the Service or its features and for a justified cause restrict Users access to the Service. Sunduka can use the aforementioned rights without prior notice and liability for damages. Sunduka holds the right to invoke legal rights mentioned in these Terms resulting from breach of restraints mentioned in these Terms.

5. Personal information processing

Sunduka handles personal information according to privacy law. Sunduka is the register holder and up keeper. Personal information is processed and submitted according to the privacy policy.

6. Information regarding the use of service

Sunduka may collect information about the use of Service on the Users device and in the Service, through the Service and the application.

The purpose of such data gathering is to analyze and to develop the Service so that it continually services its Users better and to statistically follow use and measure efficiency. Collected data may also be used for personalized advertising. 

7. Location data

The User may choose to share their location by making use of the Services features and by receiving timely offers from instances that have businesses nearby.  By using location sharing the User accepts the fact that such information may be processed and submitted by Sunduka to third-parties and other services to offer location based services.

8. Immaterial rights

The Service and its Content are the property of Sunduka and its co-partners, protected by copyright laws and international copyright agreements. All immaterial rights concerning the Service and its Content (among other things, copyrights, registered and unregistered  trademarks and design copyrights, domain-names, patents, database rights and trade secrets) belong to Sunduka or its co-partners or other instances mentioned in the Service. All rights are reserved. Use of the Service does not give the User immaterial rights to any information or content in the Service.

9. Links in the Service

The Service contains links to third-party owned and maintained internet pages, applications or services. Sunduka does not supervise or verify the content of linked web content, applications or services and is not liable for their correctness, trustworthiness or data security. Stored Links in the Service do not imply that Sunduka in any way supports or markets the services of certain pages or anything else about the nature of the relationship between Sunduka and the linked Internet content, application or service. Linked pages, applications and other services are not parts of the Service and in no way under Sunduka’s control. The User understands and accepts that using such links transfers the user away from the Service and that usage of the linked content happens at own risk. User must carefully acquaint themselves with Terms of Use and other possible guidelines for the linked pages, application or service before using such material.

10. Payments

Use of the Service contains data transfer, for the costs of which the User is responsible regardless of physical location. The User is also responsible for the costs of any possible text- or multimedia messages, phone calls or multimedia calls or other similar services linked to the use of Service. Sunduka is not responsible for data transfer costs or any other teleservice provider costs.

11. Marketing communications

News or other communications may be published in the Service from time to time or Sunduka may send Newsletter or other information regarding the Service to the email address or phone number received from the User. Information will be regarded to be received after seven (7) days of being sent to the User or included in the Service. If the User continues the use of The Service, the User is seen to have received the notifications irrespective of the type of transmission.

12. Advertisement

The Service, its contents and communication linked to the Service may include advertisements and they are a feature of the Service.

13. Ideas to improve the Service

Sunduka accepts ideas on how to improve the Service from its Users. By submitting ideas, suggestions or other feedback to Sunduka through the Service or otherwise the User accepts the following: (i) the feedback in question does not contain information that is confidential or anyone else’s exclusive intellectual property; (ii) Sunduka might have similar ideas for improvement; (iii) Sunduka has no non-disclosure obligations to the Users ideas or contacts; (iv) Sunduka may freely make use of and further develop ideas, suggestions and other feedback from the User for any purposes and (v) The User is not entitled to compensation from Sunduka or its partners.

14. Service availability and technical requirements

Using the Service entails the downloading of certain software developed by Sunduka or other third-parties. The Service and some of its features and the Service operation can be dependent on network connections, Device compatibility and supported content format. Sunduka releases updates from time to time that Users are recommended to download on their device after being informed of such updates.

By choosing to not download the updates may lead to inability to the use the Service.

The availability of the Service may vary and it is up to Sunduka to decide the geographical and language version availability of the Service. Sunduka does not guarantee that the Service will be available. Sunduka may, according to its own judgment, modify or repair the Service or completely or partially discontinue its provision for example during maintenance breaks

15. Disclaimer

Sunduka provides the Service and its Content ”as they are” without any guarantees. Sunduka is not responsible for the uninterrupted, error-free and timely usability, operability and utilization of the Service. Sunduka is also not liable for the Content visible in the Service or the accuracy, trustworthiness, errors, defects, inaccuracies or other faults or inviolability of rights of information mediated in the Service.

Sunduka gives no guarantees for data protection or that posts, newsletters or content sent through the Service do not contain viruses or other harmful parts. Sunduka cannot guarantee data security of information sent through the Service. Sunduka is not liable for data sent, received, or not sent or non-received by the User.

The User understands and commits to using the Service at own risk.

Sunduka is not liable for any direct, indirect, personal or vicarious liability based damages or special damages. (including damages resulting from among other things business activity, contract or loss of information or discontinuation of business activity) that result from use of Service, Content, inability to use the Service or from these Terms regardless of whether the liability for damages is based on a contract, breach of justice, disregard or other criterion, even if Sunduka had been informed beforehand of the possibility of such damages.

16. Liability for compensation

The User is obligated to compensate all costs, damages and losses for Sunduka resulting from third party demands, based on obstruction of these Terms or by enabling unauthorized third party use of the Service resulting from insufficient safety in terms of keeping their username password or pin-code safe.

17. Applicable legislation

These terms are applicable under the Finnish Law, notwithstanding its conflict of laws rules. Both parties will primarily seek to negotiate any differences due to these Terms of Use or their application. If such negotiations should not lead to a compromise solution, any differences will be resolved in Finland in Helsinki district court. A consumer User may also choose to take the issue to be resolved by their own home district court or consumer ombudsman.

18. Validity of terms

These Terms do not restrict any such legal rights of Users country of residence that the User cannot desist according to law. If some aspect of the Terms is declared by law not to be valid, it does not carry any ramifications to the Terms otherwise and the term clause that has been deemed not valid will be substituted with the closest valid Term clause. Some of the Terms are meant to be such that they remain valid even after the Users registration has ended.

19. Changes to the Terms and Transferability

Sunduka obtains rights to change these Terms according to its own judgment. Changes in the Terms will become valid, after the changes have been notified in the Service where after they will be effective to all features of the Service. Sunduka may transfer its Rights under these Terms of Use to any of its corporate companies. Additionally these rights can be transferred to a third party in the event of a company sale, fusion or other business reorganization or otherwise according to the law.

20. Service provider

The Service is provided by:

Sunduka Oy
Kajaaninkatu 10 E, 90100 Oulu
Company ID: 2303055-2
E-mail: support@sunduka.com