Terms and Conditions
By using the web site and online shop at www.unbornheart.com, i.e. services provided by Odosoft Ltd (all collectively "Service"), you are agreeing to be bound by the following terms and conditions. These terms and conditions together with our Privacy Policy and all other additional terms and information that may be provided within the Service (all collectively "Terms of Service") apply to the use of the Service and any orders made via the Service.
Use of the Service is subject to acceptance of these Terms of Service. By using the Service or any portion of it you accept the Terms of Service. If you do not agree with these Terms of Service, we expect you to leave our web site and uninstall UnbornHeart Mobile Applications.
These Terms of Service constitute an agreement between the person, company or organization ("You") and Odosoft Ltd, of Terttutie 16, Oulu, 90540, Finland including its possible affiliates and suppliers (collectively "Odosoft") defining your and Odosoft's rights and responsibilities with respect to the Service.
Odosoft reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.unbornheart.com/terms
Modifications to the Service and Prices
Odosoft reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to items available in the online shop, are subject to change without notice from Odosoft. Such notice may be provided at any time by posting the changes to the web site www.unbornheart.com or the Service itself. Odosoft shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Material Ownership
The content, features and functionality of the Service are owned by Odosoft and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Odosoft reserves all rights to the content, features and functionality of the Service worldwide. Odosoft grants you a non-exclusive, non-transferable license, revocable at any time at Odosoft's sole discretion, to access and use the Service strictly in accordance with these Terms of Service. The outlook and other contents of the Service is copyright © 2013 Odosoft Ltd all rights reserved. You may not duplicate, copy, or reuse any portion of the Service without express written permission from Odosoft.
UnbornHeart is a trademark or registered trademark of Odosoft. Other names or symbols appearing in the Service may be protected symbols of their respective owners. Without the prior written consent of Odosoft or the relevant third party access to the Service is not to be interpreted, indirectly or in any other way, as the granting of a licence or any other access right to a symbol appearing on the web site.
The Service may contain links to third-party sites that are not owned or controlled by Odosoft. Odosoft has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit through the Service.
Odosoft welcomes your feedback and suggestions and uses them to develop and improve the Service. In providing feedback and suggestions, you grant Odosoft unlimited, royalty-free rights to such material that you provide. Odosoft is thus not liable to pay any compensation for any of the feedback or suggestion material that it uses.
Disclaimer of Warranties and Liability
Odosoft makes no warranty that its web sites or the servers that make them available are free of viruses or other harmful components or that the web site functions will be uninterrupted or error-free.
Ordering from Online Shop
Items advertised in the online shop may be available in a limited capacity. That a item has been included for sale in the online shop can't be regarded as a binding legal offer. A binding agreement on the sale of a item is created only after the purchasing process in the Online Shop has been appropriately completed.
You are responsible for ensuring that the information you provide is up to date, correct, and sufficient, so that we can deliver your order. Items are shipped to the address you submit. You must ensure that your stated shipping address is correct. Any delivery times listed in the Service are estimates that are not binding for Odosoft. Odosoft aims to deliver all items within the delivery times indicated. Unless otherwise indicated, prices do not include costs of delivery but the costs are indicated on the web site, and all prices are inclusive of Finnish VAT. You agree to pay the delivery costs of the items as indicated in the Service. Items must be paid for via one of the methods of payment indicated in the Service. You are responsible for ensuring that you are entitled to use the method of payment you have chosen. Other methods of payment may be used only with the prior consent of Odosoft.
Liability for risk related to items is transferred at the moment of the items having been delivered or otherwise placed at your disposal or having been handed over to the possession of a supplier chosen by the recipient (whichever of these occurs first).
Right of Return
Only consumers referred to in the Consumer Protection Act (38/1978) of Finnish Law have the right of return. Items ordered by corporate customers or resellers are not covered by any right of return or cancellation. Items purchased in the online shop are covered by a 14-day right of return and exchange, starting at the moment the postal packet or pick-up order is collected including weekends and public holidays and excluding the day of collection.
The right to return items applies to only items that are unused and fit for sale. During the return period, the consumer has the right to review the item and test it in the same way he or she could do when buying the item physically from a business. The consumer may open the package in order to study and test the merchandise, without forfeiting the right of cancellation. However, the consumer may not begin to use the item.
The moment of purchase or collection refers to the day when the packet is collected or picked up from the post office or courier or, alternatively, to the date stated on the receipt. It is the customer’s responsibility to prove the day on which the packet was collected from the post office e.g. with a postal receipt. The right to return a item is always item-specific.
The return is free of charge for the consumer. However, the consumer is personally responsible for the postal expenses of any returns made. Odosoft will refund the payment within 30 days from the date when the item was returned.
Return address: Odosoft Ltd, Sales Dept., Teknologiantie 14 C 1, Oulu, 90590, Finland
Customs
Customers outside the European Union may be liable for any customs and import duties, quotas, permits, product restrictions and other local requirements. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to ordering.
Limited Warranty on Ordered Items
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Odosoft's One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described below.
Odosoft grants a warranty for one year from the purchase date for any item purchased in the online shop. The warrantor is responsible for ensuring that the item is suitable for its purpose and remains usable for the warranty period. The warranty covers any material, design, and manufacturing faults manifested during the warranty period. The warrantor is not responsible for faults that are caused by your actions. The warranty does not cover the following, among other things: normal wear of the device or its components, cosmetic changes in the device, faults or damage caused by use or handling of the device in a manner that is incorrect, inappropriate, or counter to the operating and service instructions, faults or damage caused by the buyer, for example, from opening the device or repairing, adjusting, or modifying it, faults or damage caused by factors that the manufacturer cannot reasonably be expected to have control over.
You must inform Odosoft of any faults within reasonable time from when you detected them or should have detected them. When reporting a fault, you must present a certificate of warranty, a receipt of purchase, or some other reliable account of where and when the item was purchased. Odosoft or a service company authorised by it may choose to rectify the fault or, alternatively, have Odosoft provide you with a faultless item within reasonable time from receipt of your report of the fault. You may not invoke the warranty if the device has been modified or if it has been repaired by a party other than a service company authorised by the warrantor.
Odosoft’s liability is always restricted to the purchase price of the Service or the items ordered through it. Odosoft is under no circumstances liable for compensation for any incidental, indirect, or consequential damages unless mandatory provisions of law or regulations in force impose an obligation of such compensation. In accordance with the terms of warranty of the items Odosoft is not responsible for any damage that is in any way a result of incorrect use of the items or of use that runs counter to the operation instructions. Unless otherwise agreed or provided, the warranty terms of items are only applied for you personally, and the requirement is that you are the user, not a reseller of the item. This limited warranty does not cover the cost of returning the Product; this is your responsibility.
General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only available via email.
You understand that Odosoft may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Odosoft, or any other Odosoft service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Odosoft.
We may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Odosoft does not warrant that (a) the Service will meet your specific requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, (d) the quality of any items, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (e) any errors in the Service will be corrected.
You expressly understand and agree that Odosoft shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Odosoft has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
The failure of Odosoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Odosoft and govern your use of the Service, superseding any prior agreements between you and Odosoft (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service are governed by the Laws of Finland without regard to its conflicts of law provisions. Any disputes concerning these Terms of Service or the use of Services shall be settled by the District Court of Oulu in accordance with the laws of Finland.
Odosoft may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Odosoft. Additionally, Odosoft may assign its rights and obligations under these Terms of Service to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
Contacts
If you have any queries concerning the Service, contact us via e-mail at: support(at)unbornheart.com or by mail: Odosoft Ltd, Terttutie 16, Oulu, 90540, Finland.
Privacy Policy
Personal information may be collected as permitted under the Finnish Personal Data Act (523/99) as well as EU Data Protection Directive 95/46/EU.
Our Privacy Policy as a part of these Terms of Service is made available for you to govern the use of personal data.
Use of the Service is subject to acceptance of these Terms of Service. By using the Service or any portion of it you accept the Terms of Service. If you do not agree with these Terms of Service, we expect you to leave our web site and uninstall UnbornHeart Mobile Applications.
These Terms of Service constitute an agreement between the person, company or organization ("You") and Odosoft Ltd, of Terttutie 16, Oulu, 90540, Finland including its possible affiliates and suppliers (collectively "Odosoft") defining your and Odosoft's rights and responsibilities with respect to the Service.
Odosoft reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.unbornheart.com/terms
Modifications to the Service and Prices
Odosoft reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to items available in the online shop, are subject to change without notice from Odosoft. Such notice may be provided at any time by posting the changes to the web site www.unbornheart.com or the Service itself. Odosoft shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Material Ownership
The content, features and functionality of the Service are owned by Odosoft and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Odosoft reserves all rights to the content, features and functionality of the Service worldwide. Odosoft grants you a non-exclusive, non-transferable license, revocable at any time at Odosoft's sole discretion, to access and use the Service strictly in accordance with these Terms of Service. The outlook and other contents of the Service is copyright © 2013 Odosoft Ltd all rights reserved. You may not duplicate, copy, or reuse any portion of the Service without express written permission from Odosoft.
UnbornHeart is a trademark or registered trademark of Odosoft. Other names or symbols appearing in the Service may be protected symbols of their respective owners. Without the prior written consent of Odosoft or the relevant third party access to the Service is not to be interpreted, indirectly or in any other way, as the granting of a licence or any other access right to a symbol appearing on the web site.
The Service may contain links to third-party sites that are not owned or controlled by Odosoft. Odosoft has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit through the Service.
Odosoft welcomes your feedback and suggestions and uses them to develop and improve the Service. In providing feedback and suggestions, you grant Odosoft unlimited, royalty-free rights to such material that you provide. Odosoft is thus not liable to pay any compensation for any of the feedback or suggestion material that it uses.
Disclaimer of Warranties and Liability
Odosoft makes no warranty that its web sites or the servers that make them available are free of viruses or other harmful components or that the web site functions will be uninterrupted or error-free.
Ordering from Online Shop
Items advertised in the online shop may be available in a limited capacity. That a item has been included for sale in the online shop can't be regarded as a binding legal offer. A binding agreement on the sale of a item is created only after the purchasing process in the Online Shop has been appropriately completed.
You are responsible for ensuring that the information you provide is up to date, correct, and sufficient, so that we can deliver your order. Items are shipped to the address you submit. You must ensure that your stated shipping address is correct. Any delivery times listed in the Service are estimates that are not binding for Odosoft. Odosoft aims to deliver all items within the delivery times indicated. Unless otherwise indicated, prices do not include costs of delivery but the costs are indicated on the web site, and all prices are inclusive of Finnish VAT. You agree to pay the delivery costs of the items as indicated in the Service. Items must be paid for via one of the methods of payment indicated in the Service. You are responsible for ensuring that you are entitled to use the method of payment you have chosen. Other methods of payment may be used only with the prior consent of Odosoft.
Liability for risk related to items is transferred at the moment of the items having been delivered or otherwise placed at your disposal or having been handed over to the possession of a supplier chosen by the recipient (whichever of these occurs first).
Right of Return
Only consumers referred to in the Consumer Protection Act (38/1978) of Finnish Law have the right of return. Items ordered by corporate customers or resellers are not covered by any right of return or cancellation. Items purchased in the online shop are covered by a 14-day right of return and exchange, starting at the moment the postal packet or pick-up order is collected including weekends and public holidays and excluding the day of collection.
The right to return items applies to only items that are unused and fit for sale. During the return period, the consumer has the right to review the item and test it in the same way he or she could do when buying the item physically from a business. The consumer may open the package in order to study and test the merchandise, without forfeiting the right of cancellation. However, the consumer may not begin to use the item.
The moment of purchase or collection refers to the day when the packet is collected or picked up from the post office or courier or, alternatively, to the date stated on the receipt. It is the customer’s responsibility to prove the day on which the packet was collected from the post office e.g. with a postal receipt. The right to return a item is always item-specific.
The return is free of charge for the consumer. However, the consumer is personally responsible for the postal expenses of any returns made. Odosoft will refund the payment within 30 days from the date when the item was returned.
Return address: Odosoft Ltd, Sales Dept., Teknologiantie 14 C 1, Oulu, 90590, Finland
Customs
Customers outside the European Union may be liable for any customs and import duties, quotas, permits, product restrictions and other local requirements. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to ordering.
Limited Warranty on Ordered Items
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Odosoft's One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described below.
Odosoft grants a warranty for one year from the purchase date for any item purchased in the online shop. The warrantor is responsible for ensuring that the item is suitable for its purpose and remains usable for the warranty period. The warranty covers any material, design, and manufacturing faults manifested during the warranty period. The warrantor is not responsible for faults that are caused by your actions. The warranty does not cover the following, among other things: normal wear of the device or its components, cosmetic changes in the device, faults or damage caused by use or handling of the device in a manner that is incorrect, inappropriate, or counter to the operating and service instructions, faults or damage caused by the buyer, for example, from opening the device or repairing, adjusting, or modifying it, faults or damage caused by factors that the manufacturer cannot reasonably be expected to have control over.
You must inform Odosoft of any faults within reasonable time from when you detected them or should have detected them. When reporting a fault, you must present a certificate of warranty, a receipt of purchase, or some other reliable account of where and when the item was purchased. Odosoft or a service company authorised by it may choose to rectify the fault or, alternatively, have Odosoft provide you with a faultless item within reasonable time from receipt of your report of the fault. You may not invoke the warranty if the device has been modified or if it has been repaired by a party other than a service company authorised by the warrantor.
Odosoft’s liability is always restricted to the purchase price of the Service or the items ordered through it. Odosoft is under no circumstances liable for compensation for any incidental, indirect, or consequential damages unless mandatory provisions of law or regulations in force impose an obligation of such compensation. In accordance with the terms of warranty of the items Odosoft is not responsible for any damage that is in any way a result of incorrect use of the items or of use that runs counter to the operation instructions. Unless otherwise agreed or provided, the warranty terms of items are only applied for you personally, and the requirement is that you are the user, not a reseller of the item. This limited warranty does not cover the cost of returning the Product; this is your responsibility.
General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only available via email.
You understand that Odosoft may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Odosoft, or any other Odosoft service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Odosoft.
We may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Odosoft does not warrant that (a) the Service will meet your specific requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, (d) the quality of any items, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (e) any errors in the Service will be corrected.
You expressly understand and agree that Odosoft shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Odosoft has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
The failure of Odosoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Odosoft and govern your use of the Service, superseding any prior agreements between you and Odosoft (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service are governed by the Laws of Finland without regard to its conflicts of law provisions. Any disputes concerning these Terms of Service or the use of Services shall be settled by the District Court of Oulu in accordance with the laws of Finland.
Odosoft may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Odosoft. Additionally, Odosoft may assign its rights and obligations under these Terms of Service to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
Contacts
If you have any queries concerning the Service, contact us via e-mail at: support(at)unbornheart.com or by mail: Odosoft Ltd, Terttutie 16, Oulu, 90540, Finland.
Privacy Policy
Personal information may be collected as permitted under the Finnish Personal Data Act (523/99) as well as EU Data Protection Directive 95/46/EU.
Our Privacy Policy as a part of these Terms of Service is made available for you to govern the use of personal data.
