GENERAL

These terms of use (later “Terms of use”) define the legally binding terms, which are applied to the business brokering service (later “Service”) provided by Suomen Yrityskaupat Oy (later “Business”) at the address www.yrityskaupat.net, when the user of the Service (later “User”) is a candidate to buy or buyer of businesses brokered in the business brokering service. The User ensures they have read these Terms of use. By using the Service the User accepts these Terms of use as binding.

The Business has the right to change these Terms of use or the Service at any time. The User is notified of relevant changes via the Service or in another manner considered appropriate by the Business. The changes come into effect immediately after being made or at a separately announced time. By continuing to use the Service after the changes coming into effect, the User commits to complying with the changed Terms of use.

DESCRIPTION OF THE SERVICE

The purpose of the Service is to create a platform, which is used to list a business for sale or search for a business to buy. The purpose of the Service is to disclose the seller’s, target business’ and potential buyer’s information for the previously mentioned purpose.

Separate identification of registration to the Service is not required to view the basic information describing a business (industry, location, number of employees, revenue, asking price and arguments for the asking price). Respectively, the aforementioned information in buyers’ advertisements can be viewed without identification or registration to the Service.

If the User wishes to receive additional information about a business for sale, this requires signing the Service’s non-disclosure agreement. Singing the non-disclosure agreement requires strong identification in the Service to make sure the User is identified with certainty.

To clarify, the Business is not a party to business transfers made using the Service, but solely a provider of a brokering service.

ACCESS RIGHTS TO THE SERVICE

The User is granted limited access rights to the Service in accordance with these Terms of use. The User does not have the right to record, publicly present, distribute, pass on or use the Service or contents, complete or partial, received from it except as permitted in these Terms of use and by the law. The User acknowledges that the access rights to the Service do not include the right to the Service’s software (source code).

Any identifiers, as usernames and other identifiers making the use of the Service possible given to the User by the Business remain in the ownership of the Business, and the User has no right to them after their access rights to the Service have expired. The User does not either have the right to turn over or transfer access rights to the Service (including the aforementioned identifiers) to a third party without prior written consent from the Business.

CONSENT TO THE PROCESSING AND DISCLOSING OF PERSONAL DATA AND PROTECTION OF PERSONAL DATA

The Business complies with existing legislation on data protection in its operations. The privacy policy of the Service is available at https://www.yrityskaupat.net/privacypolicy.php. By using the Service the User confirms that they have read the contents of the privacy policy.

By accepting these Terms of use the User of the Service gives their unambiguous consent that the Business has the right to disclose the following information given by the User to the Business to sellers, brokers, banks and/or financiers in the Service in order to produce the Service: the User’s name, phone number, address, email address, national identification number. The User of the Service can at any time if they so wish retract this consent, and in this situation the User should contact the contact person mentioned in the privacy policy. In addition, the User expressly ensures that they have the legal right and if needed the consent of other involved persons to process, transfer and disclose these persons’ personal data to the Service and the Business and as a part of the Service possibly to other parties as well.

The User of the Service understands that after disclosing the aforementioned data to the aforementioned third parties, the Business as controller no longer has the opportunity to administer the processing of the data in question.

THE USER’S RESPONSIBILITIES AND LIABILITY

The User acknowledges that they are using the Service completely at their own responsibility and to the extent possible within the boundaries of the law. The Business is not responsible for the contents of the Service, its validity or accuracy, except for the content the Business itself produces to the Service.

The usernames are user-specific and may not be given or expressed to a third party. The User is responsible for all use of the Service with their username. Should the username become known to a third party, the User should notify the Business without delay. The User is freed from responsibility for any use without their contribution with their username after the Business has received such notice.

The User is responsible for all direct or indirect expenses caused by the use of the Service, including the acquisition, installation, maintenance and expenses of necessary equipment, software, telecommunications, communication links and the necessary changes to equipment and software. The User commits to complying with these Terms of use, other rules and instructions of using the Service as well as the law and the principles of morality in all their use of the Service. The User also commits to comply with rules and instructions elsewhere in the Service. Only correct and real information can be input into the Service.

The User must have the right to share information. The User is responsible for having the authorization from all parties, whose information they input into the Service.

The User may not use the Service in a manner that violates the rights of the Business or a third party. The User commits to not sending or forwarding the following types of information through the Service: information that violates a third party’s ownership rights, copyright or other rights, that is offensive, against the law or the principles of morality or harmful or damaging to the Business, other Users or a third party or that can cause disruptions or other unreasonable damage to the Service, other Users or a third party. The User is responsible for all direct or indirect damage to the Business or third parties they cause by actions such as those listed above.

LIMITATIONS OF LIABILITY

The Service is provided “as is”, with no guarantees.

The Business strives to as best it can to maintain the functionality of the Service and strives to correct possible errors in a reasonable amount of time. However, the Business does not guarantee that the Service is completely free of errors or that the Service is always available without interruption. The Business is not responsible for any damages caused to the User or a third party due to interruptions, delays, errors, hindrance of use, termination of the Service or other deficiencies in the Service or its content, and not either for possible malfunctions or disruptions in the User’s equipment or software.

The Service might contain links to websites owned and/or administered by third parties. The Business is not responsible for the websites of such third parties and the Business is not in control of the material and content on such websites.

The Business is not responsible for the content or the validity of the information distributed through the Service except for the content produced by the Business itself. Therefore, the Business is not responsible for the validity of user information, the information entered into the Service by Users or their accuracy, validity or legality.

The Business is not responsible for the User having the legal capacity to enter the necessary information into the Service. The User accepts that the Business is unable to verify User information and is not responsible for the validity of anyone’s User information or any damages inaccurate or insufficient User information might cause.

The Business has the right to, without liability, remove content from the Service, which the Business views as illegal, against the principles of morality, inappropriate, inaccurate or harmful or damaging to the Business, Users or a third party.

The Business has the right to temporarily take the Service or parts of it out of service for maintenance, installation, changes, public order and security, system overload or other similar reasons.

The Business always has the rights, without being liable to the User, to stop providing the Service altogether or partially and to remove the Service or parts of it (including but not limited to the Service’s contents, structure, layout and software). In this case the Business informs the User of the termination of the Service well in advance via the Service or another medium deemed suitable.

The Business is not responsible for direct or indirect damage to the User or a third party caused by using the Service.

PROCESSING THE DATA OF THE USERS

The Business has the right to proofread any data entered into the Service. The Business has the right, but no obligation, to correct evident errors of fact, spelling and grammar in the entered data.

When the User has signed the non-disclosure agreement in the Service, the Business has the right to disclose the information the User has entered into the Service to other parties of business transfers and parties who participate in the transfers (including brokers and financiers). The information is disclosed such as the User has entered it into the Service.

The Business has the right to use User information for the purpose of Service maintenance, distributing information about the Service and planning and developing the Business’ operations. In addition, the Business has the right to use User information for direct marketing if the User has given their consent.

The Business has the right to store information the User has saved in the Service and the documents created based on this information as defined by the Business also after the User has stopped using the Service and the business transfer is completed.

The Business processes the Users’ personal data in accordance with Suomen Yrityskaupat Oy’s privacy policy.

IMMATERIAL RIGHTS

The Business owns all the rights to the Service and its parts (such as copyright, trademarks and other immaterial rights). The Business reserves all rights to the content of the Service and changes to it. The User acknowledges and accepts that no other rights except those explicitly mentioned in these Terms of use are transferred to the User.

The User does not have permission to distribute, publish, copy, make publicly available or otherwise commercially utilize the contents of the Service without the express written consent of the Business.

OTHER TERMS

Full agreement

These Terms of use constitute an agreement between the User and the Business concerning the use of the Service and replaces all possible previous agreements concerning the use of the Service between the User and the Business.

To clarify, if the seller of the business for sale has commissioned the Business to broker a business, the terms concerning this relationship are determined in a separate service agreement.

Transferring the agreement

The Business has the right to transfer the Service and its maintenance and the customerships related to it to a third party by informing the User of this via the Service or another medium deemed suitable.

Force majeure

The Business is not responsible for any damages caused by force majeure or for operations becoming unreasonably more difficult for a similar reason.

Applicable law and settlement of disputes

The law of Finland is applicable to these Terms of use. Any disputes between the Business and the User are primarily settled by negotiating. If a settlement is not reached, the dispute will be settled in the district court in Turku (Varsinais-Suomen käräjäoikeus).

CONTACT INFORMATION

The Service is administered and provided by Suomen Yrityskaupat Oy. If you wish to contact us regarding the Terms of use, please use the address [email protected].

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