Term of service

Last updated 01 January 2021

ACCEPTANCE TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Users”, or “you”) and gaIoTa Oy (“Company”, “we”, “us”, or “our”, “Lagoom”), concerning your access to and use of our website, mobile application, as well as any other media forms, media channel, mobile website related, linked, or otherwise connected thereto (collectively, the “Service”).

You agree that by using or registering to the Service, you have read, understood, and agreed to be bound by all of these Terms of Service and our Privacy Policy (https://lagoom.app/privacy-policy/). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE IMMEDIATELY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE AT ONCE.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of, and to have accepted the changes in any revised Terms of Service by your continued use of the Service after the date such revised Terms of Service are posted.

The information provided in the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

gaIoTa Oy (business ID 2991986-2) is a company registered in Finland, and the Company offer the Service to its Users. gaIoTa Oy is officially domiciled in the address Otakaari 7 A, 02150 Espoo, Finland.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, all intellectual property rights to the Service, including but not limited to : source code, databases, functionality, software, technology, data, designs, trademarks, service marks, logos, audio, video, text, photographs, and graphics (collectively, the “Material”) are owned, controlled by or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. Except as expressly provided in these Terms of Service, no part of the Service or Material may be copied, reproduced, aggregated, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.

USER PROVIDED CONTRIBUTIONS

We provide you with the opportunity to create, submit, post, display, publish contents about or related to the Items or other Users in the Service, including but not limited to text, photographs, graphics, images, likes, comments, feedbacks, or other types of contents (collectively, “Contributions”). Contributions may be viewable by other users in the Service. As such, any Contributions that you provide may be treated in accordance with our Privacy Policy. When you create or make available any Contributions in the Service, you thereby represent, acknowledge, warrant, and agree that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You have the necessary licenses, rights, consents, releases, and permissions to use and agree to authorize us and the Service to use your Contributions in any manner contemplated by the Service or these Terms of Service.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms of Service.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, insult, disrespect, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass, insult, or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service. You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and any applicable laws.

By submitting any Contributions to the Service, you hereby grant us royalty-free, perpetual, worldwide, non-exclusive, and transferable right and license to use, reproduce, display in public, modify, and share (in partially or wholly) your Contributions for any purposes (including but not limited to : any purposes within the Service, our marketing activities, and any commercial purposes) without any preceding approvals, payments, and compensations from you. We are not liable for any statements or representations in your Contributions provided by you in the Service. You are solely and fully responsible for your Contributions that you provide to the Service and you expressly agree to bear any consequences, to exonerate us from any and all responsibility and damages, and to refrain from any legal action against us regarding your Contributions.

ABOUT THE SERVICE

Lagoom is a platform that provides some functionalities to enable Users to buy, sell, bid, exchange or “swap” (collectively, these actions are referred as “Transactions”) clothes, accessories, apparels, and other applicable products (collectively as “Items). Lagoom allows Users to carry out Transactions of Items and activities as defined and permitted by the Terms of Service.

It is essential to note that Lagoom cannot guarantee the quality, legality, morality, accuracy, and authenticity of the Items included in the platform. One exception for swap, where Lagoom does actively inspect Items that Users wish to include for swap strictly only for quality, with limited extent as defined in our “Swap User Guide” (https://lagoom.app/lagoom-swap-event/ ).

By using the Service, you understand and agree that we are not able to verify your Contributions in the Service. We cannot bear the responsibility for such, unless according to the extent as defined and limited by the applicable law. We recommend Users to communicate with their Transaction partners using features as provided in the Service.

Only Users who are above the legal age limit can use the Service. We only allow private persons to be Users and perform Transactions. Businesses, companies, and other commercial or non-commercial legal entities are eligible to be Users and perform Transactions if they are under separate agreements with Lagoom.

USING OUR SERVICE

When you are listing an Item in the Service, you are obliged to provide accurate description and image(s) of the Item. One particular Item can only be listed once, using the image(s) that are taken by yourself or images which you have the rights or license that allow you to use for this purpose.

We hold the unilateral right to deny or remove any Items from the Service if the owner of the Items (you or other Users) has breached the Terms of Service, if the Items listed in the Service or the images of the Items are inaccurate, unclear, or of insufficient quality.

PRICING AND PAYMENT

As the provider of the Service, we deserve compensations and payments for the Service. For swap, these are stated on the pricelist defined in the Swap User Guide. The pricelist can change at anytime and we reserve the rights to make price changes without any prior notice.

Users who buy or receive Items (referred as “Buyers”) from Transactions have the responsibility to pay, including but not limited to : sales price, import, export, custom duties, value added tax (VAT), Lagoom service fee, Lagoom handling fee, shipping or delivery fees, and other applicable and associated fees and duties.

Users who sell Items (“Sellers”) have the obligation on all income taxes associated to the Transactions of their Items, and to take care all necessary tax reporting to the relevant authorities. While Transactions between Users who are private persons typically will not have any associated VAT, certain Transactions that are considered as commercial may include VAT.

SWAP AND LAGOOM POINTS

As part of the Lagoom offering, we give the opportunity for you to exchange or swap your Items (and therefore is considered as part of Transactions) with other Users. Obtaining Items via swap requires Users to use Lagoom points. Users are eligible to get Lagoom points by, e.g., bringing their Items to any of our service points, or referring new Users to register in the Service. We strictly only accept Items for swap that have been listed in the Service beforehand with the accurate description and images or photos of the Items, and they must be indicated that they are to be submitted for swap in the Service before they are brought to our service points.

By bringing your Items to our service points for swap, you are therefore regarded as Sellers and agree that Lagoom has unilateral rights regarding the acceptance of the Items. Also, by bringing your Items to our service points, we hereby deem you as the owner of the Items thereof, or legally have the necessary rights with regard to the Items and how they are used by you in using the Service. Lagoom will claim ownership of the Items that you submitted in exchange of Lagoom points, provided that the Items are accepted by us according to the terms and conditions set in the Swap User Guide. We will make the best effort in inspecting the Items handed to us for swap, thus we are not able to guarantee the time when Lagoom points will be granted to Users in the Service after the Items have been handed to us and accepted.

We cannot accept any Items which are brought to us for swap via shipping or by any third parties which may or may not be associated to any user account in the Service, except through separate agreements with Lagoom. You acknowledge and agree that we have unilateral rights to define the terms and conditions of swap, in granting Lagoom points and the validity thereof, and to change these terms without any prior notice. Lagoom points may be used to obtain Items available for swap in the Service, but are unable to be traded or exchanged for cash. In case of any abuses of Lagoom points are identified by us or that Lagoom points have been granted on inaccurate or false grounds, the points will be invalidated and any Items ordered through swap using the points thereof may incur cash payments that will be invoiced from the User.

In order for the items you ordered through swap available to you, Buyers shall arrange for payment of all associated costs and fees with Lagoom, and upon the confirmation of payment, the items can be picked up on the designated collection point or shipped. Prior to the payment confirmation, we reserve the right to withhold the Items thereof. Buyers have the right to pickup the ordered items without additional fee during the designated pickup day at our designated service point. Additional service and handling fee will be charged if Buyers wish to pickup at other times, with terms defined in the Swap User Guide. In addition, handling and shipping fees will be incurred when Buyers wish to have the items shipped to their address.

Currently, we are using either Posti or Matkahuolto services to ship the items you ordered during swap. We don’t accept request for any refunds or cancellations, additional details are available in Swap User Guide.

USER ACCOUNT AND REPRESENTATIONS

By registering to the Service to create your user account, you agree to provide real, correct, and accurate information about yourself. Your information which is submitted to us should be up to date. You have the responsibility to keep your user account only accessible to you by using confidential password or restrict other people from using our Service with your user account via your devices. You need to inform us if you think that someone uses your user account.

By using the Service, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service and other terms stated in our Service (including but not limited to, Swap User Guide and Privacy Policy); (2) legally you are not considered a minor in the jurisdiction in which you reside; (3) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Service for any illegal or unauthorized purpose; and (5) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available.

SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES, EMAIL ADDRESSES, PHONE NUMBERS, USER ACCOUNTS), TO ANY USERS FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE ANY CONTRIBUTIONS OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, we reserve unilateral rights to prohibit you from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents in the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.

INDEMNIFICATION AND LIMITATIONS OF LIABILITY

You acknowledge and agree that you are using the Service at your own risk. Neither us, our employees, our founders or co-founders, our partners, affiliates, directors, agents, and subsidiaries are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We cannot guarantee that the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without prior notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime, disruptions, or discontinuance of the Service. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or Lagoom. Certain local and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective founders, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by you or any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

As a legal entity domiciled in the European Union jurisdiction, we are bound under the European Union General Data Protection Regulation (EU GDPR) and other applicable regulations, thus we take the responsibility in protecting our User personal data very seriously. We will maintain certain data that you transmit to the Service, as well as data relating to your use of the Service, for the purpose of managing the performance and the quality of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

THIRD PARTY SERVICE IN THE SERVICE

We use certain third-party services in order to support functionalities in the Service. For example, we use Google and Facebook to facilitate authentication and registration of Users in the Service. By using the Service, you immediately agree on the terms of service and privacy policy of the third party services.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our website, sending us emails, completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Service, our Privacy Policy, and any policies or operating rules posted by us in the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any causes beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and defined following the laws of Finland. Any disputes arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to Helsinki District Court as the court of instance. Users may also file their complaints to the Consumer Complaints Board (kuluttajariita.fi)

CORRECTIONS

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR

FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

gaIoTa Oy

contact.us@lagoom.app