Terms and conditions

Maksupalvelutarjoaja

Maksunvälityspalvelun toteuttajana ja maksupalveluntarjoajana toimii Paytrail Oyj (2122839-7) yhteistyössä suomalaisten pankkien ja luottolaitosten kanssa. Paytrail Oyj näkyy maksun saajana tiliotteella tai korttilaskulla ja välittää maksun kauppiaalle. Paytrail Oyj:llä on maksulaitoksen toimilupa. Reklamaatiotapauksissa pyydämme ottamaan ensisijaisesti yhteyttä tuotteen toimittajaan.

Paytrail Oyj, y-tunnus: 2122839-7
Innova 2
Lutakonaukio 7
40100 Jyväskylä
https://www.paytrail.com/kuluttaja/maksupalveluehdot

 

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the kinoko.us website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Finland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Finland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Finland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will post a notification on the main page of the Website. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. 

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://www.kinoko.us/contact/

This document was last updated on January 13, 2022

Privacy statement
Report on the processing of personal data pursuant to the EU’s General Data Protection Regulation
(679/2016)
Controller
Kinoko
Business ID: 2630190-1
address: Muuraintie 5 C6, 33960 PIRKKALA
Communication regarding privacy matters
Data protection officer
Leevi Kangas
We request that data subjects contact the data protection officer for all questions related to the
processing of personal data and situations related to the exercising of your rights.
Kinoko system
Shopify
The legal basis for the processing of personal data is the consent to the processing of personal data
provided by the data subject.
The purposes of processing personal data include marketin usage.
Regular data sources
The personal data to be processed is regularly received from the data subject themselves.
Personal data being processed
The controller only collects personal data concerning the data subjects that is essential and relevant
for the purposes explained in this privacy statement.
The following data concerning the data subjects is processed:
- For marketing use
Disclosure of personal data
Personal data will not be disclosed to third parties, unless the law imposes an obligation to do so.
Page 1 (3)
Data may, therefore, be disclosed in exceptional cases, such as to the authorities when so required by
law.
Transfers of personal data to third countries
Personal data will not be transferred outside of the EU and the European Economic Area.
Protection of personal data
The controller processes personal data in a manner that aims to ensure the appropriate security of the
personal data, including their protection against unauthorised processing and accidental loss,
destruction or damage.
The controller uses appropriate technical and organisational safeguards in order to achieve this goal;
these include the use of firewalls, encryption techniques and safe equipment rooms, appropriate
access control, careful management of data system user IDs, and providing instructions to the
personnel participating in the processing of personal data.
All employees processing personal data have a non-disclosure obligation for matters related to the
processing of personal data of the data subjects based on the Employment Contracts Act (55/2001)
and non-disclosure agreements that supplement it.
Retention period for personal data
The controller will process the personal data for [how long?]. At the end of this period, the controller
will delete or anonymise the data within [which time?] in accordance with the deletion processes it
follows.
The controller may have an obligation to process some personal data belonging to the filing system
for longer than stated above in order to comply with the legislation or authority requirements.
Profiling
Personal data will not be used for profiling or other automated decision-making.
Rights of the data subject
Right to request access to personal data
The data subject has the right to receive confirmation regarding whether personal data concerning
them is being processed and, if it is, the right to receive a copy of their personal data.
Right to rectification
The data subject has the right to request that inaccurate and erroneous personal data concerning them
be rectified. The data subject also has the right to supplement incomplete personal data by submitting
the required additional information.
Page 2 (3)
Right to erasure
The data subject has the right to request erasure of personal data concerning them if
a. the personal data is no longer required for the purposes for which they were collected;
b. the data subject withdraws their consent which the processing of personal data was based on, and
no other legal basis exists for the processing; or
c. the personal data has been unlawfully processed.
Right to restriction of processing
The data subject has the right to restrict the processing of personal data concerning them if
a. the data subject contests the accuracy of their personal data;
b. the processing is unlawful and the data subject opposes the erasure of the personal data and
requests the restriction of its use instead; or
c. the controller no longer needs the personal data for the purposes of the processing, but it is required
by the data subject for the establishment, exercise or defence of legal claims.
Right to withdraw consent
The data subject has the right to withdraw the consent they have provided for the processing, without
affecting the lawfulness of processing based on consent before its withdrawal.
Right to data portability
The data subject has the right to receive the personal data concerning them, which they have provided
to a controller, in a structured, commonly used and machine-readable format and have the right to
transmit this data to another controller.
Right to lodge a complaint with a supervisory authority
The office of the Data Protection Ombudsman, operating under the Ministry of Justice, is the national
supervisory authority for personal data matters. You have the right to bring your case to the
supervisory authority if you consider that the processing of personal data concerning you is in
violation of applicable law.
Amending the privacy policies
The controller is continuously developing its activities and may therefore be required to amend and
update its privacy policies when necessary. The amendments may also be based on changes in the
legislation concerning data protection.
If the amendments include new purposes for the processing of personal data or otherwise introduce
substantial changes.