Terms of Service
Upiopi - Terms of Service
Version: June 7, 2021
Applicability
By using Education House Finland Oy's (EHF)'s online upiopi.com platform for out-of-school programs, activities and lessons, you agree to be bound by these User Terms of Service (Terms of Service).
These Terms of Service contain the terms and conditions that apply to any use of the online out-of-school platform at upiopi.com (the Service) provided by EHF. A more detailed description of the Service and its features is available at upiopi.com.
For the purposes of these terms, user means a natural person using the Service. By purchasing online an out-of-school program and/or registering yourself and your child as a user of the Service you conclude an agreement with EHF to which these Terms of Service are applied to. A person must be at least 18 years old to purchase an out-of-school program at upiopi.com. Children may use the Service only under adult supervision (e.g. parent).
Identity of the services provider
The Service is provided by:
Education House Finland OY
Business ID: 3005310-3
VAT ID: FI30053103
Hevoskarintie 7
20100 Turku
Finland
Upiopi.com
Email: learn@upiopi.com
Tel: +358 45 126 7026
Customer support and service hours: Sunday to Friday, 8 AM to 3 PM EET/EEST[1] (excluding public holidays).
The above contact details can also be used for general inquiries, customer feedback and complaints.
Description of the Service
The Service is an online platform for enrolling children to out-of-school programs and activities. Programs are scheduled at timings indicated at upiopi.com and are conducted live via a video calls. Some programs need supplies and materials at home fort successful completion of the lessons. All requirements are listed a the time of purchase. A more detailed description of the Service is available at upiopi.com.
Changes to the Service and to these terms
EHF retains the right to make changes to these Terms of Service and to the Service itself. Users are informed about significant changes in a manner EHF considers appropriate, such as by email or a notification in the Service. Updated Terms of Service are also published on this webpage. If the change concerns pricing, service charges or major modifications in the features of the Service, EHF aims to notify users at least one month prior to the planned change. Unless a specific effective date has been given for the change, the change becomes effective when it has been made. User's continued use of the Service after the change has become effective constitutes acceptance of such change. If a user does not accept a change made to the Service or to these Terms of Service, he/she should stop further use of the Service and terminate the user agreement pursuant to these Terms of Service.
Creating and maintaining user accounts
A user receives a right to use the Service after purchasing an out-of-school program at Upiopi.com and registering a personal user account in the Service. The user is responsible for giving accurate and truthful information for creating and maintaining a user account in the Service. Registration data and other personal information about users are governed by EHF's privacy policy.
The username and password are for personal use only – a user may not disclose the password to anyone. Children using the Service for out-of-school programs access the Service with a user account created and maintained by a parent. Otherwise a user may never use another person’s user account, and he/she may not provide another person with his/her username and password to access the account. If a user believes or knows that the confidentiality of his/her login and password has been compromised, he/she should inform EHF about it without delay. EHF has the right to delete or limit user access, if it believes that the confidentiality of the user account has been compromised.
Use of the Service
EHF grants the user, subject to these Terms of Service, a right to use the Service and its content throughout the membership period. The user agrees to use the Service according to these Terms of Service and applicable laws. If EHF has reason to believe that a user is violating these Terms of Service or the applicable laws, or otherwise acts in bad faith, EHF may delete or limit the user rights or access or conduct other means it considers necessary.
A user cannot (a) use or try to use another user’s account; (b) copy, modify or create derivative works of the Service, it’s content, source code or technology relating to it; (c) reverse engineer, decompile, disassemble or otherwise try to derive the source code of the Service or its technology; (d) remove any intellectual property right notices from the Service; (e) create a user account by using another person’s personal data or otherwise incorrect or fake data; (f) transfer his/her account to another user without EHFs prior written consent; (g) sell, resell or otherwise provide the license to use the Service to a third party without EHF's prior written consent.
Content entered and stored by the user in the Service
Users may be required to enter and store various types of materials in the Service when participating online to out-of-school programs.
EHF claims no intellectual property rights over the material or data entered by the user into the Service. All intellectual property rights to the material a user has provided or entered into the Service are owned by the user (or the applicable third party owner). By entering material into the Service, the user agrees and accepts that EHF may use the material provided by the user for providing the Service to the specific user.
A user entering or uploading material to the Service is responsible that he/she has a right to enter the material into the Service and that the material he/she has entered into the Service or the uploading of it do not violate any laws or third party rights. In the event EHF believes that the material entered or uploaded to the Service by the user violates applicable laws, these Terms of Service or any third party rights, it has a right (but no obligation), to remove, restrict or modify such material at any time with or without notice and without any liability to the user or to a third party.
Intellectual property rights relating to the Service
All intellectual property rights relating to the Service and its original content, functionality, features, modifications, updates, source code as well as look and feel are solely and exclusively owned by EHF (or its licensors, as the case may be) and protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. The user is only granted a limited right to use the Service in accordance with these Terms of Service.
After school program purchases, fees and payments
Use of the Service is subject to payment of a fee. In order to access an after school program, a user has to purchase and pay an enrolment fee at upiopi.com website, whereafter EHF sends the user an automated order confirmation. The applicable fee and billing period is provided when purchasing the enrollment. Unless otherwise provided by EHF, the fee is paid at the time of making the purchase. EHF is entitled to update its Service fees and pricing by providing at least one (1) month's advance notice to the user. Recurring enrollment fees (if any) are charged on the applicable billing date, unless or until the membership is terminated pursuant these Terms of Service. All membership fees are in the currency notified by EHF.
The payment of fees can be made by any payment method acceptable to EHF. Unless otherwise provided, EHF offers payment by credit card only (e.g. Visa, MasterCard). All credit card payments are made safely and securely by using third party payment processing services (e.g. Stripe). EHF itself does not collect or store user's credit card details. When a user pays with a credit card, the card will be charged immediately for the first billing period when purchasing the membership.
EHF may from time to time, at its sole discretion, offer limited licenses to the Service or trial versions free of charge or at a lower rate.
User's consent to immediate delivery and waiver of right of cancellation
By purchasing a membership to the Service and entering into an agreement with EHF, the user consents to the immediate delivery and availability of the Service and its content to the user. The delivery of the Service is deemed to have taken place when the user account has been created and access has been granted to the Service. The user also accepts that he/she has no right to cancel the Service or the agreement in accordance with distance sales provisions of the applicable law, such as The Finnish Consumer Protection Act (kuluttajansuojalaki), once the delivery of the Service has started. If the delivery of the Service has begun and the user no longer wishes to be bound by the agreement, the user must terminate the membership pursuant the terms and conditions provided below in "Term and termination of membership" section.
Notwithstanding the foregoing, if EHF provides a money back guarantee for an online out-of-school program, it means that a user may cancel the Service after the first lesson of the program and receive a full refund.
Devices, operating systems and data connection
Use of the Service requires a browser and an internet connection as well as a suitable device, such as a computer. Even if the Service has been tested on different devices, browsers and operating environments, EHF cannot provide any warranties that the Service will function error-free on all possible devices, browsers and operating environments. The user is responsible at its own cost to acquire and maintain necessary devices, software and internet connections required for the use of the Service. Specific requirements or limitations with regards to required devices and/or operating systems may be provided from time to time at EHF's website.
Maintenance, updates and outages
Due to normal development and maintenance work, EHF may temporarily restrict or limit the use of or access to the Service. EHF aims to schedule maintenance updates in a manner that causes as little harm to the user as reasonably possible. EHF is not responsible for the possible harm and damages caused by outages, interruptions or disconnections in the use of the Service for instance due to updates, technical issues or problems or other similar reasons. EHF is not responsible for any damages caused by or relating to use or inability to use the Service. EHF notifies users of planned interruptions in the Service in a manner as it considers appropriate.
Data security, back-ups and privacy
EHF aims to ensure that the data security of the Service is on an industry standard level.
Protecting the privacy of users is important to EHF. As a data controller, EHF collects and processes personal data in accordance with its privacy principles. EHF's privacy policy is available at its website: Upiopi.com.
EHF stores data, makes backup copies and deletes data contained in the Service in accordance with its normal IT and data retention policies throughout the term of an agreement and after its termination or expiration. Contact EHF for further information on these policies.
Term, termination and expiration of an agreement for use of the Service
These Terms of Service are in force as a binding agreement between EHF and the user until further notice as long as the user is using the Service.
The right to use for the Service continues until it is terminated or until an out-of-school program to which the user has been enrolled has ended.
Recurring programs and memberships: for recurring out-of-school programs (if any), a user must also provide a payment method acceptable to EHF throughout the term of the membership. If a user does not terminate the membership prior to the next billing date, he/she authorizes EHF to charge the next billing period membership fee using the payment method the user has provided. The length of the billing period depends on what was selected when the user purchased the membership. If EHF cannot charge the fee on the applicable billing date, it is entitled to suspend access to the Service or terminate the membership.
EHF can discontinue providing the Service permanently or temporarily at any time.
EHF may also terminate the enrollment with immediate effect, if a user does not pay the applicable service charges (or does not provide EHF with a valid and acceptable payment method), or if a user uses the Service in violation with these Terms of Service, the applicable laws or good practice.
When the out-of-school program is terminated or expires, terminates or expires also the right to use the Service, unless otherwise provided by EHF. After termination or expiration of a, EHF deletes user data contained in the Service in accordance with its normal IT and data retention policies. The terms and conditions which by their nature and purpose are intended to survive termination, shall survive any termination or expiration of a membership.
Third party services providers using the Service
Third party services providers, such as out-of-school organizations and freelance teachers, may use the Service for providing their own services. EHF is not responsible and does not give any warranties regarding such third party services, content, or applications or their use, function or defects in them. If the third party services provider makes changes to its pricing, EHF is entitled to update its prices accordingly.
Other terms
EHF shall not be deemed to be in breach of an agreement, or otherwise be liable to the user, for any failure to perform, or any delay in performance, caused by a reason beyond EHF's control (force majeure events).
EHF is entitled to assign or transfer all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Service without the user’s prior consent. The user is not entitled to assign any of its rights or obligations hereunder in whole or part without EHF's permission.
Applicable law and resolution of disputes
These terms and the use of the Service are governed by the laws of Finland, without regard to its conflict of laws rules and principles. Any litigation or dispute arising between the parties under these terms will be settled in the district court of Helsinki, Finland. A consumer may, however, always institute proceedings in the district court of its domicile. Consumer-users may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on https://ec.europa.eu/odr. Finnish consumers may also refer a dispute to the Finnish Consumer Disputes Board (see more: https://www.kkv.fi/kuluttajaneuvonta)
Limitation of liability (applicable only to non-consumers)
Under no circumstances shall EHF be liable to the user for any indirect, consequential or special damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages in excess of the amounts actually retained by EHF from the user in the three (3) months preceding the event giving rise to the claim.