Prima Locations – Terms and Conditions
This website is operated by Prima Locations Ltd Oy, a company registered in Finland under number 2692243-3 (hereinafter referred to as “we/us/our”) whose registered address is at Arkadiankatu 16 b 29, 00100 Helsinki, Finland. We provide an online platform through which service providers (the “Service Provider”) may list and provide certain services, i.e. including but not limited to virtual office addresses, mail forwarding, VPN services, local telephone numbers, virtual receptionist services or conference room rentals (the “Services”). The Services are accessible at http://www.primalocations.com (the “Site”) and as applications for mobile devices (the “Application” or “App”), which are operated and maintained by us.
The following terms and conditions (the “Terms and Conditions”) governs your use of the Site and/or the App and your purchase and use of the Services provided therein. By using the Site and/or the App you acknowledge and agree, whether or not becoming a user of the Services, that you have read, understood and agree to comply with and be bound by the Terms and Conditions and all applicable laws and regulations in relation to the use of the Site or the App and the Services provided therein. If you do not agree to and accept these Terms and Conditions, you should not use the Site, the App nor the Services provided therein.
We reserve all the rights to modify the Site, the App and these Terms and Conditions at any time and without prior notice. Therefore we suggest that you periodically visit this page to review these Terms and Conditions. We will update the “Last Updated Date” at the top of these Terms and Conditions. By using this Site, the App and/or the Services provided therein after we post any changes, you agree to accept those changes whether or not you actually reviewed them.
If you accept or agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions, and in such event, “you” and “your” will refer and apply to that company or other legal entity.
1.How the Site and the App works
We provide an online marketplace or platform for Service Providers and Clients to connect online and arrange service arrangements directly with each other via the Site and/or the App. The Site and the App can hence be used by the Service Providers to list and provide Services to the Clients and by the Clients to search for and purchase the Services. Such Services are listed on service listing (the “Service Listing”) on the Site and the App.
By purchasing any Services via the Site and/or the App you enter into a direct (legally binding) contractual relationship with the relevant Service Provider. From the point at which you purchase the Services, we act solely as an intermediary between you and the Service Provider, transmitting the details of your Service rental to the relevant Service Provider and sending you a confirmation email for and acting as the payment processor on behalf of the Service Provider. Therefore, we are not a party to any agreements entered into between you and any Service Provider, nor are we (including but not limited to) a real estate broker, agent or insurer or any other agent. Further, please note that we do not get involved in any communications between you and the Service Provider except in regards to the fee transactions.
We have no control over the conduct of the Service Provider, the Services or any other users of the Site and/or the Application nor do we control the content provided by the Service Providers on the Site or the App, including but not limited to its quality, legality or suitability contained in any Service Listings in relation to any Services provided by the Service Provider.
We disclaim all liability to this regard to the maximum extent permitted by mandatory applicable law. The rental and purchase of any Services will be made at your own risk. Our responsibilities are limited to facilitating the availability of the Site and the App and to act as the limited payment processor for accepting the payments of the Service from you on behalf of the Service Providers.
2.Applicable Policies and Terms
Please review our Privacy and Cookies Policies at http://www.primalocations.com which are incorporated into these Terms and Conditions and which also govern your visit to this Site and use of the App.
The Service Provider of each Service may have their own Product and Service Terms and Conditions which will be communicated to you prior to the rental of any Services (i.e. in relation to the Scope of Services and Termination of the Services). Please read the Service Provider’s terms and conditions carefully prior to deciding whether to purchase the Services.
3.Restrictions on Use of Site and App
You understand and agree that you are responsible for the compliance with any and all laws, rules, regulations that apply to your use of the Site, the App or to the rental of the Services. In line with the aforementioned, you agree:
•not to violate any law or regulation, or any order of a court.
•not to use any robot, spider or other automated device to monitor any content on the Site and App and to only access the Site and App manually.
•not to copy, store or otherwise access or use any information or content contained on the Site, App or Services for purposes not expressly permitted by these Terms and Condition or by writing by us.
•not to use the Site, the App or the Services in any manner that is illegal, immoral or harmful to us or any users of the Site or the App.
•not to interfere with or damage the Site, the App or the Services provided therein, including but not limited to the use of viruses, cancel bots, Trojan horses, harmful code or any other similar harmful methods or technology.
•not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Site, the App or the Services provided therein.
•not infringe the rights of any person or entity, including but not limited to, their intellectual property, privacy or contractual rights.
•not to use the Site, the App or Services provided therein in breach of any applicable terms or policies or other notice on Site and/or the App.
•not to remove or alter any copyright notices that appear on the Site and/or the App.
•not to publish any material that may encourage a breach of any relevant laws or regulations.
•not to interfere with any other user’s enjoyment of the Site, the App or the Services provided therein.
•not to transmit materials protected by copyright without the permission of the owner.
•not to conduct yourself in an offensive or abusive manner whilst using the Site, the App or the Services provided therein.
•not to submit any false or misleading content on the Site or the App.
•not to recruit or otherwise solicit any user to join third-party services or websites that are competitive to us without our prior written consent.
•not to use the Site and/or the App to find a service provider or clients in order to complete a service agreement independent of the platform on the Site and the App to circumvent any obligations under these or any other relevant Terms and Conditions in relation to Services provided or rented via the Site and/or the App.
Further, you represent and warrant that the Services you rent and purchase (i) will not breach any agreements you have entered into with any third parties, (ii) will not conflict with the rights of third parties, and (iii) will be in compliance with these Terms and Conditions as well as all applicable laws or any other rules and regulations that may apply to any Services you purchase via the Site and/or the App. We will not take any responsibility for your compliance with any agreements with or any duties to the Service Provider or any third parties, applicable laws, rules or regulations.
We may, in our discretion and without liability to you, with or without prior notice and at any time, limit, suspend, deactivate or restrict your use or access to the Site and/or the App or any Service Listing if we have a reason to believe that you are in breach of the obligations set in these Terms and Conditions or in any other additional terms or policies that have been provided to you by us in relation to your use of the Site and/or the App or the Services provided therein.
Although certain parts of the Site and/or the Application may be used by anyone who visits them without registration, the purchasing of the Services requires you to register and to create a user account. You must ensure that the details provided by you on registration are true, accurate, current and complete. It is your responsibility to update and inform us of any changes to the details provided on registration.
5.Correspondence and Marketing
By completing a purchase of any Services [and registering on the Site and/or the App], you agree to receive an email which we send to you as a confirmation of the purchase and the registration you have made.
By opting into the marketing communication when completing purchase of Services and when registering with the Site and/or the Application, you agree that we may send you further emails about your user account, other services provided on the Site and/or the App and occasional third party offers. You can manage your communication preferences or unsubscribe from communications at any time via the http://www.primalocations.com of the Site and the App.
When completing the purchase of the Services and registering on the Site and/or the App, you will be asked to create a password and will be responsible for maintaining the confidentiality of your password and restricting access to your computer, as you will be accountable for any activities conducted under your account. If you believe that someone has accessed your user account without authorisation, please contact us immediately.
6.Intellectual Property Rights
The contents of the Site and the App include but are not limited to text, scripts, logos, graphics, designs, icons, photographs, images, data, music, software, audio, video, information any other materials provided by both us or the users (collectively the “Content”). All Content on the Site and the App, excluding the Content provided by any users of the Site or the App, is exclusively (either directly or indirectly) owned by us and/or our content providers. The Content owned by us is protected by intellectual property rights, including but not limited to copyrights, trademarks and other intellectual or ownership rights owned by us. Any rights not expressly granted in this Agreement or other additional incorporated terms are reserved.
Any intellectual property rights appearing on the Site and/or the App that are not owned by us (i.e. the Content produced by a service provider) are the property of their respective owners.
By submitting any materials on the Site, the App or otherwise providing Content to us you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to (a) use, reproduce, distribute, display such Content and (b) sublicense these rights. We will not pay you any fees for the use of such Content and reserve the right in our sole discretion to remove such Content from the Site and the App at any time if we have a reason to believe that you are in breach of the obligations set in these Terms and Conditions or any other terms or policies provided to you by us in relation to the use of the Site and the App.
You further warrant and represent that you have all the rights necessary to grant us the abovementioned rights. We permit you to post such Content on the Site and/or the App in accordance with our procedures provided that the Content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us or to any user of the Site or the App.
7.Accuracy of Information and Availability of Site and App
The Content disclosed on the Site and/or the App might be based on the information provided by the Service Providers. Although we use reasonable skill, care and efforts to display accurate and up-to-date information, we will not verify if, and cannot guarantee that, any information on the Site and/or the App is accurate, complete or correct, reliable, current or error-free or that the Site and the App will be free from viruses.
Therefore, you are responsible for checking, confirming and satisfying yourself as to the accuracy of any information on the Service Listings and for making your own enquiries to the relevant Service Providers. We provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Service Listings.
Although we strive to ensure that the Site and/or the App are available to you at all times we cannot guarantee that the Site nor the App will operate continuously without interruptions or be fault free. Therefore we cannot be held responsible for any errors or omissions (including manifest and typographical errors), any interruptions (whether due to any breakdown, repair, upgrade or maintenance of the Site and/or the App or otherwise) nor inaccurate, misleading or untrue information or non-delivery of information on the Site and/or the App or loss of service caused by any possible interruptions or faults. On occasion, necessary maintenance or upgrade work requires us to make the Site and/or the App unavailable without notice, but we aim to keep downtime to a minimum.
Although we may modify the Content, make improvements to the Site and the App or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavour to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on the Site and/or on the App is entirely at your own risk and we will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of the Site and/or the App. The Site and the App do not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Services or Service Provider made available and listed on the Site and/or the App.
We reserve the absolute right to alter, suspend or discontinue any part of the Site, the App including your access to it and the Content therein.
Subject to your compliance to these Terms and Conditions, we grant you a limited exclusive, non-transferable license to download and install a copy of the App on each mobile device or computer that you own or control and run such copy of the App solely for your own use. We reserve all rights in the App not expressly granted to you in these Terms and Conditions.
Please note that your use of the App sourced through any application store, i.e. App Store, must comply with the terms and conditions of the applicable application store, i.e. App Store Terms of Service.
9.Links to Third Party Sites
Links on the Site and/or the App may lead to services or sites not controlled or operated by us. We provide these links solely for your convenience and information. Links we post are not an endorsement, sponsorship or recommendation of any third party site or services to you by us. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.
Although the Site and the App allow you to view the Services and any relevant fees in a number of currencies, the currencies available for you to make and receive payments may be limited, and may not include the default currency in any given geographic location. You can choose and change the currency in which you view Services listed on the Site and/or the App in order to view the same in a different currency.
Please note that we support only a certain number of currencies as rental currencies and the rental currency for a service rental may be different from the relevant currency viewed and set in the listed Services.
To pay or to receive payments in different currencies may require foreign currency conversions. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.
Further, please note that payment companies or third- party payment processors (i.e. credit card issuers) may use a currency conversion rate and may impose a currency conversion fee on your payment or pay out if your card and bank account is denominated in a currency that is different to the currencies supported by us. Such currency conversion rates and fees are not controlled by nor known to us.
The Services and the relevant fees shall be paid [wholly] during the rental process by means of credit card. All payments are safely processed from your credit card through us or by a secure third party payment processor engaged by us, and are forwarded to the relevant Service Provider.
By purchasing Services from a Service Provider, you accept and agree to the relevant cancellation and no-show policy of that Service Provider and any additional delivery terms and conditions of the Service Provider that may apply to your Service rentals. Such policies and terms of the Service Providers will be communicated to you prior to the completion of the rental/purchasing of any Services, during the rental and purchase procedure and in the confirmation email. Therefore, if you wish to cancel a confirmed Service rental made via the Site and/or the App, either prior to or after the commencement of the Services, the cancellation policy of the relevant Service provider shall apply. Our ability to refund the Service Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy, which were provided to you prior the Service rental was processed. We recommend that you read the cancellation policy of the Service Provider carefully prior to purchasing any Services.
If you cancel the Service rental made via the Site and/or the Application before the request is confirmed by the relevant Service Provider, we will cancel any pre-authorisations made to your credit card and/or refund any amounts charged to your credit card in connection with the requested Services without delay.
13.Disclaimer of Warranties & Limitations of Liability
The Site, the App and its Content are provided by us on an “as is” and “as available” basis and we give no representation or warranty of any kind, including but not limited to its accuracy, quality, legality, suitability or completeness or fitness for any purposes.
By using the Site and/or the Application, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of the Service Providers or other users of the Site and/or the App or other third parties will be limited to a claim against the particular party who caused you the harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions. Based on the aforementioned and as such, we encourage you to communicate directly with other users on the Site and/or the App with this regard.
Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to the Site and/or the App, and up to the aggregate amount of the aggregate amount cost of your service rentals (whether for one event or series of connected events). In no event will the aforementioned aggregate liability arising out of or in connection with this Agreement exceed the amounts of costs of your service rentals paid in the twelve (12) month period prior to the event giving rise to the liability.
However, and to the extent permitted by law, in no event do neither we nor any of our officers, directors, employees, representatives, affiliates or others third parties involved in creating, sponsoring, promoting, or otherwise making available the Site, the App and the Content therein shall be liable for (a) any inaccuracies or omissions in the content displayed on or via the Site and/or the App; (b) any accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including but not limited to loss of profits, loss of revenue, loss of contract, loss of savings, loss of claim, or loss of or damages to goodwill or reputation), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use the Site, the App or the Services provided therein or any content contained therein; (c) the Services rendered and offered by the Service Providers or other business partners; (d) any (personal) injury, death, property damage or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omission, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Providers or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose services or products are (directly or indirectly) made available, offered, promoted on or through the Site and/or the App, including any (partial) cancellation, strike, over rental, force majeure or any other event beyond our control.
You agree to indemnify, and hold us and any of our affiliates, directors, officers, employees and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including but not limited to reasonable legal and accounting fees relating to or arising from (i) your access to or use of the Site, the Application, the Content or the Services provided therein, (ii) your violation of these Terms and Conditions or any other applicable and incorporated terms, (iii) your use and purchase of any Services listed on the Site and/or the App, (iv) your interaction with any other user of the Site and/or the App, or (v) your violation alleged violation or misappropriation of any intellectual property right in relation to the Site and or the App or the Services provided therein (including trademarks, copyrights, patents, trade secrets) or non-proprietary right of a third party.
15.Waiver and Severability
The waiver of any breach of these Terms and Conditions shall not be considered as a waiver of a preceding or subsequent breach. The failure to enforce or to exercise, at any time or for any period of time, any term of or any right arising pursuant to these Terms and Conditions shall in no way affect our right to enforce or exercise it in the future. The waiver of any such right or provisions will be effective only if in writing and signed by an authorised representative of Prima Locations Oy Ltd. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other permissions of these Terms and Conditions will remain in full force and effect.
To the extent permitted by law, these Terms and Conditions and the provisions of our services shall be governed by and construed in accordance with Finnish law and any dispute arising out of these Terms and Conditions and our services shall exclusively be submitted to the competent courts in Helsinki, Finland.
The original English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the English version and any other language version of these Terms and Conditions, the English version to the extent permitted by law shall apply, prevail and be conclusive. The English version is version is available on the Site and the App (by selecting the English language) or shall be sent to you upon your written request.