The LifeLearn Platform offered for use via the LifeLearnPlatform.com web portal (“the Platform”) is an online learning platform and marketplace owned and operated by Lifedu Oy (“LifeLearn”, or “our”, “us” and “we”). We’re a company registered in Finland with registration number 2766985-5. Our registered office is at Otaniementie 19 B, 02150 Espoo.
If there is anything that you do not understand please feel free to email any enquiry to us here: firstname.lastname@example.org
1. THE PLATFORM AND KEY DEFINITIONS
The Platform constitutes a platform service and a marketplace for learning-related contents, services and products that are offered to the end user of the Platform (“Learner”) by other users of the Platform and by third-party providers, either for free or against a fixed or recurring charge. “Learning Path” refers to the basic learning unit of the Platform, an organized collection of various learning-related contents, material and interactive elements in various media (“Learning Path Contents”) created and managed by a Platform user acting in the role of a “Teacher”. Teachers may enlist users acting in the role of a “Mentor” to help the Learners along their Learning Paths, and in some cases the Learner may be able to purchase services from a Mentor independently as well. “Add-ons” refer to the additional contents, products and services provided by “Add-on Providers” and can be sold or offered for use both independently and attached to particular Learning Paths by Teachers. Along their Learning Paths, the Learners will come to create their own learning content, such as comments, assignments and any other material created and shared on the Learning Paths. This content is collectively referred to as “User Content”. For some Learners, certain paid Learning Paths and/or Add-ons may be made available based on a subscription paid by a “Subscriber Organization” they belong to or are otherwise associated with.
2. APPLICATION OF THESE TERMS
These Terms apply to your use of the Platform regardless of the role in which you are using it at any time. Certain features, services and products we offer you via the Platform may carry their own terms and conditions (“Special Terms”). In case of any discrepancy between these Terms and any Special Terms, the terms and conditions of the applicable Special Terms shall be given priority over these Terms.
3. YOUR OBLIGATIONS
You will not:
- a) use the Platform (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws and the Acceptable Use Policy;
- b) upload or transmit through the Platform (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- c) use the Platform in a manner which (i) may cause the Platform to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Platform is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
- d) attempt any unauthorized access to any part or component of the Platform;
- e) copy or distribute any part of the Platform in any medium without our prior written consent;
- f) alter or modify any part of the Platform; or
- g) misrepresent your identity or credentials, or use those of another person, in engaging with us or any other persons on or via the Platform.
You agree that in the event that you have any right, claim or action against any end user of the Platform arising out of that end user’s use of the Platform, then you will pursue such right, claim or action independently of and without recourse to us.
To the extent not otherwise specified in separate terms and conditions related to a particular Learning Path, Add-on, product or service, you will only use the Platform and any contents available through it for your personal and non-commercial use.
4. OUR RIGHTS
We reserve the right to:
- a) change these Terms from time to time. Your continued use of the Platform (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Platform; and
- b) monitor any activity and content associated with the Platform to ensure it is in compliance with these Terms and any applicable laws and regulations. We may investigate any reported violation of these Terms or complaints relating to the Platform and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Platform) as further described under Section 14 (Our Right to Suspend, Limit or Terminate Your Use of the Platform) below.
We will use our reasonable endeavors to maintain the Platform and keep it accessible. The Platform is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Platform because of a failure, suspension or withdrawal of all or part of the Platform for any reason. With respect to individual Learning Paths and Add-ons offered against a charge, you may have the right to a refund subject to separate terms and conditions between you and the relevant Teacher or Add-on Provider.
5. YOUR PERSONAL DATA
In order to use some parts of the Platform, you may need to create an account. You must never use another Platform user’s account. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and we strongly suggest that you keep your account password secure and do not disclose it to anyone. You must notify us immediately if you become aware of any unauthorized use of your account or have reason to believe your account details have been compromised (e.g. as a result of a successful “phishing” attempt directed at you).
7. LEARNING PATHS AND ADD-ONS
You may access and use a Learning Path by signing up for it via the Platform. Access and use of some Learning Paths may be restricted and/or may require prior payment from you, as determined by the Teacher administering the Learning Path in question. The Teacher also determines and is responsible for the contents and features available on a Learning Path at any given time. As determined by the Teacher, the Learning Path may also offer you Add-ons for your selection, purchase or subscription, either for free or for a separate charge. Unless otherwise indicated, the contract for the Add-on is concluded solely between you and the Add-on Provider offering the Add-on in question.
The Teacher of the Learning Path may also choose to enlist Mentors for the particular Learning Path. Unless otherwise agreed, the Teacher is responsible for the performance of the Mentors and may add or remove Mentors from the Learning Path at his or her discretion.
Unless otherwise indicated on the respective Learning Path page on the Platform or in connection with any individual content item on the Learning Path, the Teacher will grant you the right to download a copy of the Learning Path Content, exclusive of any Add-ons, for your personal and non-commercial use only. However, the Teacher may place additional restrictions to the use and/or download of the Learning Path Content (or a part thereof), or instead apply a more permissive license; if so, this will be indicated on the respective Learning Path page on the Platform. The license to the Learning Path Content is granted to you by the Teacher under separate terms and conditions specified on the afore-mentioned page. It is your responsibility to check and verify that the license for the Learning Path permits your intended use.
The use of and access to any Add-ons is always subject to separate terms and conditions specified on the Add-on’s Platform page. These terms and conditions may or may not allow you to download a personal copy of the Add-on contents (or parts of them). It is your responsibility to check and verify that the terms and conditions applicable to the Add-on in question permit your intended use.
For any questions, requests, complaints or other communications you may have regarding the Teacher, Mentors or Add-ons on, or the terms and conditions related to, any individual Learning Path, we ask that you first attempt to contact and resolve the matter with the Teacher of the Learning Path in question. For any questions, requests or other communications you may have regarding the specific terms and conditions of an Add-on, we suggest you resolve the matter with the relevant Add-on Provider who should usually be your counterparty with respect to the agreement pertaining to the Add-on. For matters you are not able to resolve in the afore-mentioned manner, please contact our Customer Service as indicated in these Terms.
Please note that some Learning Paths or Add-ons may be offered for your use based on an agreement entered into by a Subscriber Organization that you belong to or are associated with. In such cases, your primary point of contact for the afore-mentioned issues is your Subscriber Organization.
8. USER CONTENT
You retain all intellectual property rights in, are responsible for, your User Content.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and, subject to Section 17 (Disclaimers and Limitation of Liability) below, we expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Platform.
You acknowledge that when using the Platform, you may be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto (subject to Section 17 below). If you believe any of the User Submissions on the Platform are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us as specified under Section 15 (Reporting Features) herein.
9. LINKS TO OTHER WEBSITES
We and users of the Platform may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
10. TRANSACTIONS ON THE PLATFORM
As part of the Platform, we provide electronic web-based features for the users to exchange information on as well as place, accept, manage and fulfill orders for the provision of various kinds of learning products and services online within the Platform against a fee or charge, including Learning Paths, Add-ons and other services and products. Unless expressly otherwise communicated by us, all commitments and contracts for and related to Learning Path Contents, Add-ons or other products and services sold and provided on and through the Platform are made and concluded solely between you and the respective Teacher or Add-on Provider (or other seller or service provider). We do not become a party to such transactions, contracts or relationships.
We are not responsible or liable for any errors or defects in, or the unavailability of, any third-party Platform product or service. However, you may have the right to a refund and/or the right to return the product or have it replaced to the extent such a right has been provided to you under separate terms and conditions applicable to the product or service in question between you and the seller or service provider.
While we make efforts to monitor the content, products, services and user conduct on the Platform, for example by way of the Platform Reporting Feature referred to under Section 15 of these Terms, we do not control and are not liable or responsible for the safety, quality, suitability for any purpose, operation or non-operation, lawfulness or availability of the products or services sold or otherwise offered on the Platform, or for the ability of the sellers and service providers to complete a sale or provide a service, or for the ability of buyers to complete a purchase and/or adhere to the terms and conditions of a service provided to them. We do not represent either the seller or the buyer in transactions between users of the Platform.
While we strive and use several ways to verify the information provided by and the identity of the users, sellers and service providers registering to offer their products and services on the Platform, and require all our users to supply full and accurate information upon registration, we may not always be able to accurately identify them. It is your responsibility to use due care in assessing the parties you intend to deal or engage with on the Platform, including without limitation by using several methods to establish their reputation and identity, such as by reviewing user ratings on the Platform and trying to confirm their identity from multiple sources.
By using the Platform, you are fully assuming the risks of engaging in any transactions on the Platform or in relation to services and products acquired via the Platform, and unless otherwise separately agreed or required by mandatory provisions of applicable law, we shall not be liable for any damages, claims, liabilities, costs or expenses of any kind that may arise in connection with the above-mentioned risks.
The payment options available to you for the payment of services and products offered on or through the Platform may vary and depend on factors such as the service or product offered, the payment options enabled by us or the seller or service provider at any given time, or your jurisdiction and/or geographic location. We do not guarantee that any particular payment option is available for your use, or that you will be able to payments on the Platform at all. The payment options available will be indicated in connection with your purchase.
In particular, one or more of the payment options below may be available to you:
- (1) Prepaid Platform Credits: We may offer to receive your funds and in exchange issue you Platform Credits at a pre-defined rate. The Platform Credits may only be used for purchases made on the Platform from sellers and service providers established on the Platform at the defined rate. Once issued to you, Platform Credits cannot be redeemed and returned to you as funds.
- (2) Payment service by a third-party payment services provider: We may offer you the possibility to conduct the payment transaction using one or several optional third-party payment services providers, as the case may be.
Making a payment transaction on the Platform will generally require the acceptance of separate terms and conditions for the payment service between you and the payment service provider, and we are not responsible for the provision of such service under these Terms.
12. YOUR RIGHTS AND OBLIGATIONS AS A TEACHER
By signing up to be a Teacher on the Platform, you agree and shall comply with the terms and conditions under this Section 12 in addition to all other terms and conditions included in these Terms.
As a Teacher:
- (1) You warrant that you own, or have acquired the necessary permissions and/or licenses to, all the intellectual property rights and other rights necessary for creating publishing, selling, making available and/or distributing your Learning Path Content under the terms and conditions you specify to apply to them on the Platform via using the Platform features;
- (2) If you enlist Mentors on your Learning Path, you agree and acknowledge that you are responsible for their performance and behavior, and may add or remove Mentors from the Learning Path at your discretion. We do not pay any salary or compensation to Mentors on the Platform, but if you decide to do so, you are solely responsible for ensuring that you fulfill any relevant employer, tax payment, reporting and/or any other mandatory obligations possibly applied to you under the applicable laws, regardless of any payment and/or other Platform features possibly introduced by us for this purpose by us from time to time;
- (3) You agree that Learning Paths are intended for use in learning-related activities only and that you will not create or use them for any other purpose, such as for solicitation or marketing of any products or services, or for sharing content and material not related to the above-mentioned purpose;
- (4) You will not misrepresent or give false, inaccurate or misleading information on your academic, pedagogic or other credentials, certifications, licenses, authorizations, attainments, degrees or other qualifications, professional or otherwise, or the possibilities of Learners for attaining academic credits, qualifications, degrees, certifications, licenses, authorizations or any other attestations, qualifications or awards with respect to participating in your Learning Paths;
- (5) You will treat all Learners and Mentors on your Learning Paths with respect and courtesy, and will not discriminate against any individual based on his or her age, sex, origin, religion, opinion, or any other comparable reason; and
Offering Learning Paths on the Platform requires that you determine the terms and conditions applicable between you and the end user regarding the use of the Learning Path. This can be done by either
- a) selecting the applicable set of terms and conditions from the standard agreement templates offered for your use by us, including for example, the default license for Learning Path Contents allowing the end user to use, download and copy the Learning Path Content for personal and non-commercial use only, as well as a selection of Creative Commons licenses allowing the use, reproduction, modification and distribution of the Learning Path Content under considerably less restrictive terms; or
- b) if you offer the Learning Path against a charge only, and provided that you enter into a separate Merchant Agreement with us, by defining yourself the terms and conditions you wish to apply, either alone as such or in addition to a LifeLearn standard agreement template, as further stipulated on in the Merchant Agreement.
13. YOUR RIGHTS AND OBLIGATIONS AS A MENTOR
By signing up to be a Mentor on the Platform, you agree and shall comply with the terms and conditions under this Section 13 in addition to all other terms and conditions included in these Terms.
As a Mentor:
- (1) If you are enlisted as a Mentor on a Learning Path by a Teacher, and you accept your nomination, you agree and acknowledge that the Teacher may add or remove Mentors from the Learning Path at his or her discretion. We do not pay any salary or compensation to Mentors on the Platform, but if you agree with the Teacher on the payment of any kind of compensation, you are responsible for ensuring that you fulfill any relevant tax payment, reporting and/or any other mandatory obligations possibly applied to you under the applicable laws, regardless of any payment and/or other Platform features possibly introduced by us for this purpose by us from time to time;
- (2) You agree that Learning Paths are intended for use in learning-related activities only and that you will not use them for any other purpose, such as for solicitation or marketing of any products or services, or for sharing content and material not related to the above-mentioned purpose;
- (3) You will not misrepresent or give false, inaccurate or misleading information on your academic, pedagogic or other credentials, certifications, licenses, authorizations, attainments, degrees or other qualifications, professional or otherwise;
- (4) You will treat all Learners on the Learning Path with respect and courtesy, and will not discriminate against any individual based on his or her age, sex, origin, religion, opinion, or any other comparable reason
14. OUR RIGHT TO SUSPEND, LIMIT OR TERMINATE YOUR USE OF THE PLATFORM
We have the right to, at our sole discretion, suspend, limit or terminate the use of your account and/or suspend the use of or remove any User Content, Learning Path Content or Add-on on the Platform, if:
- (1) we have reason to believe that you have acted in violation of these Terms or the terms and conditions imposed by another user of the Platform in relation to a service or product offered on the Platform, or that any content or material submitted or shared by you on the Platform violates these Terms, the Acceptable Use Policy or the intellectual property rights, other property rights or the right to privacy or data subject rights of any third party;
- (2) we have reason to believe that your use of the Platform is in violation of any applicable law or regulation, or that you are using the Platform in a fraudulent manner or otherwise contrary to the purpose of this agreement;
- (3) we have reason to believe that you have supplied false, misleading or deceptive information in connection with your registration, your transactions or any other use of the Platform, either to us or to another user;
- (4) you have not responded to our inquiries or supplied the information requested by us; or
- (5) we are required to do so under any applicable law, regulation or an order issued by an authority.
Although we reserve the right to terminate your use of the Platform immediately and without hearing you in any of the above circumstances, we wish to deal with such situations in a fair and transparent manner. Depending on our legal obligations, the urgency of the issue and the way we decide to balance the interests requiring protection, we will usually strive to inform and hear you before we take actions based on our above-mentioned right, especially if it involves the permanent termination of your account and/or any content or materials associated with it. By using the Platform, however, you agree and acknowledge that this is not always possible and that we are not in any circumstance liable for any damage, losses, expenses or harm resulting from the use of our rights under this Section 14.
15. REPORTING FEATURES
We expect our users to honor these Terms, the Acceptable Use Policy and the intellectual property rights of others at all times.
Reporting on inappropriate conduct
If you encounter inappropriate conduct that you believe may be in violation of these Terms or the Acceptable Use Policy, we encourage you to use the reporting feature provided to you in the Platform user interface to bring the issue to our and/or the relevant Teacher’s attention. Please note that for reports related to individual Learning Paths, the responsible Teacher of the Learning Path will evaluate your report as a first instance, and if you are not satisfied with his or her actions or no action is taken, you may thereafter escalate the issue to our attention.
Reporting on IPR infringement
If you believe in good faith that any content or materials on the Platform infringe your copyright or other intellectual property right, you may send us a notice requesting, if necessary, that the content or material be taken down or access to it blocked. In connection with your notice, the following details must be provided to us in order to process your request, namely:
- i) contact details and proof of identity of the requesting party and relevant authorization if the requesting party is not the intellectual property right holder;
- ii) proof of intellectual property ownership; and
- iii) hyperlink(s) to or URI(s) of the allegedly infringing content or material on the Platform.
As a platform provider we do not resolve or settle conflicting intellectual property infringement claims. No action taken by us shall be construed as endorsement of any claim, and all conflicting claims must be resolved by the relevant parties separately from LifeLearn or the Platform. We recommend that you obtain legal advice before filing a notice. Please be aware that there may be legal consequences for false claims under the applicable legislation. Notices can be sent either:
- via mail: LifeLearn c/o EIT Digital, Maarintie 6, 02150 Espoo, Finland
- via email: email@example.com
16. INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Platform service shall remain at all times owned by us and/or our licensors. You are permitted to use this service only as expressly authorized by us.
You acknowledge and agree that, unless otherwise expressly authorized by us or the relevant right holder with respect to specified individual material or content, the material and content contained within the Platform is made available for your personal and non-commercial use only and that, in the cases where we authorize and enable you to download it, you may download such material and content only onto computers and/or devices personally operated by you. Any other use of the material and content on the Platform is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, make available, commercially exploit or create derivative works of such material and content, unless expressly authorized by us or the relevant right holder with respect to specified individual material or content.
We reserve all rights not expressly granted in and to the Platform and the content in the Platform.
17. DISCLAIMERS AND LIMITATION OF LIABILITY
WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE PLATFORM, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
The Platform is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, and to the maximum extent permitted by applicable law, we make no warranties of any kind, whether express or implied, in relation to the Platform, or products or services offered on the Platform whether by us or on our behalf (including free content or software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
Unless specified in separate terms and conditions related to a particular product or service, and to the maximum extent permitted by applicable law, we make no warranty that the Platform or products or services offered on the Platform whether by us or on our behalf (including free content or software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Platform or the server which makes it available or products or services offered on the Platform whether by us or on our behalf (including free content or software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss, destruction or alteration of content or material as a result of uploading to or downloading from the Platform.
Notwithstanding any other provision in the Terms, nothing shall limit your rights as a consumer under the mandatory provisions of applicable consumer protection legislation.
If and to the maximum extent permitted by applicable law, we will not be liable for:
- a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- b) any loss of goodwill or reputation; or
- c) any special or indirect or consequential losses, howsoever arising
in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees, or liability based on willful conduct or gross negligence.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF OR RELATED TO ANY BREACH OF THE TERMS BY YOU OR ANY OTHER LIABILITIES INCURRED BY US ARISING OUT OF YOUR USE OF THE PLATFORM, OR USE BY ANY OTHER PERSON ACCESSING THE PLATFORM USING YOUR DEVICE OR INTERNET ACCESS ACCOUNT; OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF ANY THIRD PARTY; OR YOUR USER CONTENT OR LEARNING PATH CONTENT, INCLUDING WITHOUT LIMITATION ANY CLAIM OF INFRINGEMENT OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, DATA SUBJECT’S RIGHTS UNDER APPLICABLE DATA PROTECTION LEGISLATION OR OTHER PROPRIETARY OR PRIVACY RIGHTS.
19. NOTICES AND ELECTRONIC COMMUNICATIONS
You may send us notices under or in connection with these Terms by email to firstname.lastname@example.org.
As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and should be retained by you.
By using the Platform, you agree to receive certain electronic communications from us from time to time regarding your account, the Platform and the services offered via the Platform. Furthermore, you agree that any notice, disclosure, agreement or other communication that we deliver to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
20. RIGHTS OF TRANSFER AND ASSIGNMENT
We may transfer or assign our rights and duties under these Terms to any party at any time without notice to you, but this will not affect your rights or our obligations under these Terms. You may not, however, transfer or assign any of your rights and duties under these Terms to any other party.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
These Terms (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms. However, nothing in these Terms purport to exclude liability for any fraudulent statement or act.
You agree that these Terms, and any dispute between you and us shall be governed in all respects by the laws of Finland, without regard to their choice-of-law provisions, and excluding the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except if prohibited and without limitation to any statutory rights for consumers under applicable consumer protection laws, you agree that all disputes, claims and proceedings arising out of or relating to the Platform shall be resolved by the competent courts of Helsinki, Finland. However, we shall always have the right to take legal proceedings in the court of competent jurisdiction of your domicile. All claims shall be brought within one (1) year after the claim arises. Failure of either party to exercise in any respect any right under these Terms shall not be deemed to be a waiver of such right.
The Platform is controlled and offered by us from Finland. We make no representations that the Platform is appropriate or available for use in other countries.