Terms of use for Electronic Customer Services

 

1 Subject of Agreement, Contracting Parties and terms and order of precedence

1.1
These terms of use (hereinafter "Terms of Use") apply to the consumer web services that require registration (“Services”) provided by Posti Oy and Posti Group companies (“Posti”) to private individuals (“Customer”). Posti Oy's consumer services are also subject to Posti Oy's general delivery terms for cash and consumer customers (“General delivery terms”). By registering to the Services or using the Services, the Customer accepts and agrees to abide by the terms applicable to the Services and Posti’s instructions. Should the terms be in conflict, the special terms of the Service Agreement and service-specific information presented in connection with the said service shall be applicable.

1.2
The contents of the Services shall be determined in accordance with these Terms of Use and, with respect to certain services, in accordance with separate agreements concerning those services (hereinafter "Service Agreements") and in accordance with information presented by Posti in connection with the Services.

1.3 Contact information for Posti:
Posti,
street address: Postintaival 7 A, 00230 HELSINKI
postal address: P.O. Box 1, FI-00011 POSTI.
Business ID: 0109357-9.
Enquiries about the Service: https://www.posti.fi/contactinformation/.

2 Registration as Customer and Access to Services

2.1
Access to the Services requires registration as a user of the Services, verification of identity, and acceptance of the Terms of Use and any terms applicable to the Service. The Customer accepts the terms upon registering. The Customer shall have access to the Services based on identifiers given during registration. The methods of registration valid at the time are described in connection with the Services.

2.2
A certain age or other special requirements, such as a Finnish identity number, may be prerequisites for access to the Services. Service-specific special requirements are presented in connection with each service. However, The Customer must be a natural person who is at least 15 years old. Persons under the age of 15 may not accept the Terms of Use in their own name.

3 Processing of Personal Data and Data Protection

3.1
The Customer's personal data shall be entered in Posti's customer register upon registration. The Customer's personal data shall be processed in accordance with applicable law, the Terms of Use and Service Agreements as well as in accordance with the Privacy statement for electronic consumer services.

3.2
The Customer shall be notified of the processing of personal data, and the Customer shall be requested in advance for any consent thereto in connection with the Services, in the Service Agreement or by other means, should such consent be necessary in order to implement the Services.

3.3
Personal data provided in connection with the Services may enable the Customer to use or order products and services of Other Service Providers as defined below. In such a case, the Customer shall be notified of the transfer or other processing of personal data no later than the start of such processing. Should the transfer or other processing of personal data require the Customer's consent, such consent shall be requested no later than the start of the processing.

3.4
During registration, Posti shall provide the Customer with a 'postal name', or an identifier similar in nature to a 'permanent address' that will individualise the Customer. The postal name shall be used to verify unambiguously the identification of the Customer during the implementation of the Services at Posti and between Posti and its partners. With the Customer's consent, the postal name may also be used for other purposes.

3.5
The Services' data protection and privacy policies and related instructions are described in Posti’s websites.

3.6
In connection with certain Services, Posti may process personal data that are the property of the Customer (such as Customer’s personal data in the Customer’s address book in the Address Book Service) . The Customer may only process the personal data for purely personal purposes or for comparable ordinary and private purposes. Posti processes the personal data on behalf of the Customer for the above purpose. Should the service that is covered by this contract involve processing personal data that is possessed by the Customer, the Customer shall authorize Posti with this contract to arrange on its behalf, using EU model clauses, to transfer this personal information, which is possessed by the Customer, to a subcontractor outside of the EU for the purposes of service provision. The EU model clauses ensure that provisions similar to EU legislation are applied to the processing of the personal data outside of the EU borders. The transfer does not affect information security or the confidentiality of information.

4 Use of Services

4.1
The Customer agrees to use the Services according to the applicable terms and conditions, instructions, laws and good practice. The Customer is entitled to use the Services according to the purpose of the Service. Without written consent from the assignee, the Customer is not allowed to copy, distribute, present in public, or commercially utilize the Service or parts of it. This Services are only intended for private use by private persons. The Services may not be used for business purposes or as a means of communication in marketing or business.

4.2
The Customer shall cover all expenses caused by using the Services. The Customer is responsible for any orders or payments made or other actions taken in the Services.

4.3
Use of the Service may enable access to the use or ordering of products and services offered by third parties ("Other Service Provider"). The Services may contain advertising of Posti or Other Service Providers. Posti shall not be responsible for the products, services or operations of Other Service Providers, or for information provided by them. Agreements for products and services of Other Service Providers shall be concluded between the Customer and the Other Service Provider. Posti shall not be party to any such agreement and shall not be liable for any obligations related thereto. Other Service Providers may register their own customers in their customer register, for which register they themselves bear responsibility.

5 Netposti

5.1
The Service is a private person’s electronic mailbox where the person may receive messages in electronic format. The mailbox service allows the Customer to read, save and delete messages received. The Customer must also possess a Finnish identity code and the Customer’s contact details must be included in the Posti’s address information system. Customer address data included in the Posti’s address information system can be used for delivering the message to the recipient.

5.2
The Customer selects the Senders from among those that have joined the Service as ones from which he/she prefers to receive messages in the electronic mailbox. Such messages will not be transmitted on paper. Moreover, upon the assignment of the Sender, an electronic copy of a letter or other message sent to the Customer on paper can be submitted to the electronic mailbox. A message will only be transmitted to the Customer’s electronic mailbox if the Customer’s identifying data matches the recipient data entered by the Sender into the message and identifies the recipient. However, the letter will not be transmitted on paper if the Sender has selected electronic transmission as the sole method of delivery.

5.3
Posti has the right to delete the Customer’s electronic mailbox Sender selections under the following circumstances:

The Customer has not logged on to the Netposti service in the last three (3) months and there are unread electronic invoices in the Customer’s mailbox;

The Customer has not logged on in the ‘Netposti’ service in the last twelve (12) months, the Customer has selected messages from Senders only electronically and the Customer has more than two months old unread electronic letters ; or

Posti has been informed of the Customer’s death.

Posti will notify the Customer about the deletion of Sender selections fourteen (14) days prior to the deletion with an electronic letter or an e-mail to the e-mail address provided by the Customer in the Customer’s Netposti service. New messages from the Sender will subsequently be delivered on paper and as an electronic copy in accordance with section 5.2.

Posti recognizes as invoices only electronic messages with a barcode used for payment.

5.4
An electronic message will be considered as delivered to the Customer when it has been transferred to the Customer’s electronic mailbox, ready for the Customer to read when visiting the mailbox service.

5.5
Messages sent in the service by other private individuals or Posti can also be forwarded to the Customer’s Netposti service even though the Customer has not separately approved the sender in question.

5.6 Transmission of Material Ordered by the Customer

The Customer may also be delivered material directly, without a Sender selection in accordance with section 5.2, based on an order made by the Customer on behalf of a third party. The material ordered can consist of, for instance, an electronic magazine, but also of a message whose delivery to Netposti the Customer has agreed upon with the Sender. The archiving period, Netposti processing and other terms and conditions of any ordered material may differ from those defined in these Terms of Use. The right to copy and save any ordered material may likewise be limited. The material-specific archiving periods and other terms and conditions of ordered materials are specified in the Service in question.

5.7
Posti can deliver a receipt to the Sender with information on the time of transfer of electronic messages, complete with a listing of the recipients who have selected/received the messages from the Sender in question in electronic format.

5.8 Electronic Letter with Advice of Delivery

The Sender can request delivery of an electronic letter to the addressee Customer against an Advice of Delivery, requiring the Customer to acknowledge the letter as received prior to opening it. Posti will provide the Sender with a receipt of the addressee’s acknowledgement and the time of delivery. Unacknowledged electronic letters with advice of delivery will be retained in the electronic mailbox for the period specified in the service description. If the Customer fails to acknowledge the electronic letter with advice of delivery as received within the specified time, the letter will become outdated and can no longer be opened. The Sender of the electronic letter with advice of delivery will be provided with a receipt for having sent the letter, in addition to the abovementioned receipt. The receipt for having sent the letter contains information on the time of delivery and recipient of the electronic letter. An electronic letter with advice of delivery will be delivered to the Customer once the Customer has acknowledged receipt of the letter.

5.9
Posti will not supervise the content of messages transferred to the electronic mailbox. The Sender is responsible for the format and content of any messages and links they may contain, as well as for the correctness of data (e.g. barcodes on invoices).

5.10 Archiving

The Customer may retain its received messages in its electronic mailbox during the validity of the agreement with Posti and Customer. Once the Service Agreement is terminated, the Customer will no longer have access to the electronic mailbox. Posti has the right to inform senders of the eventual termination of the Service Agreement. If the Service Agreement terminates, Posti can alter the method of delivery and transfer messages on paper, provided that the sender has agreed on such a procedure with Posti.

6 Prices, and Methods and Terms of Payment

6.1 Prices

The prices for Posti's Services shall be determined by Posti's price sheets valid at the time, which are available in connection with the Services. Other Service Providers shall be responsible for the pricing of their own products and services, and for giving information on their prices.

6.2 Price Changes

Notification of changes in the price of services of a standing nature, as selected by the Customer, shall be given as specified in Clause 11.3. The respective price for other services shall be given in connection with each service.

6.3 Value Added Tax

Any changes in VAT or other changes in the prices of Services caused by legislation, statutes or measures taken by the authorities shall be taken into account with immediate effect upon their time of entry into force, at which time they shall automatically be added to the prices. Notification of all such changes shall be given in connection with the Services.

6.4 Methods of Payment

Services may be paid for using the methods of payment described in connection with the Services. In saving payment card data, a third party approved in accordance with international standards (PCI DSS Card Industry Data Security Standard) registers and saves the card data. Posti charges fees based on the customer's orders from the payment card. Posti may change the available methods of payment. Notification of such changes shall be given in connection with the Services. Posti shall not be responsible for methods of payment offered by Other Service Providers, or for the functionality thereof.

6.5
The Customer can pay invoices he/she has ordered, downloaded or otherwise received in the Service using the payment service of Other service provider or other methods available in the Services. The Customer is responsible for the accuracy, appropriateness and verification of invoices and related information before paying the invoices in the payment service of Other service provider, as well as for any associated fees and other actions.

7 Responsibility of the Customer

7.1 Identifiers

The use of identifiers (e.g. username and password) shall be equivalent to the Customer's personal signature in connection with payment transactions, placement of orders and other transactions. The Customer agrees to binding responsibility for all measures taken using the Customer's identifier, or by an act of the Customer or by order of the Customer. Should the Customer's identifier fall into the hands of a third party or become lost, the Customer shall immediately replace his/her identifier or notify Posti thereof. The Customer's responsibility for use of the identifier and any damage caused to others by such use ends with immediate effect upon the Customer having given notification to Posti's Call Centre or upon the Customer having replaced his identifier. Additional information on the handling of identifiers can be found in Posti's Guidelines on Privacy Protection and IT Security. Posti may hand over the Customer's identifiers to parties other than the Customer only by authorisation granted by the Customer or by virtue of law.

7.2 Equipment

The Customer shall be personally responsible for the computer and other equipment, software and data communications used by the Customer meeting the requirements notified by Posti. The Customer shall be personally liable for the cost and operation of the equipment, software, and communications and data communications connections required for the use of the Services. When using the Services, the Customer shall abide by Posti's user instructions, and security and other instruction valid at the time. Detailed information can be found in Posti's Guidelines on Privacy Protection and IT Security.

7.3 Information

The Customer shall provide information necessary for the Services. The Customer shall immediately notify of any changes in information given. The Customer shall be responsible for the accuracy of information given for the Services. Posti shall verify the Customer's identity only. Posti shall not be under obligation to verify or to correct other information provided by the Customer in connection with the Services.

7.4 Material

Posti shall not monitor material produced, sent, conveyed or otherwise processed when utilising the Services, nor shall it be responsible for any illegal or offensive contents of such material. When using the Services, the Customer shall be responsible for not producing, sending, storing or otherwise processing any material that violates copyright or other rights, good practice, law, or official orders. Customer is responsible for acquiring the necessary permits and consents for the use of any material within the Services. Violations may result in an obligation to compensate for the damage or loss caused thereby, and may lead to penal sanctions. The Customer is liable, at its own expense, for any disputes arising from its material, and for any resulting legal and other costs, damages, and any other compensation. The Customer shall be responsible for the contents and mode of presentation of material that (s)he has sent or otherwise processed with the aid of or via the Services. If the Customer is able to add his/her own material to the Services, (s)he must ensure prior to any use of such material, that the material is not in violation of the Terms of Use, the Service Agreement or Posti's instructions, and (s)he must also ensure that the material contains no computer viruses or other features that may cause damage. The Customer shall be responsible for not introducing into the Services any material that contains viruses or other harmful features, and for not spreading or otherwise handling in a detrimental manner any such material. The Customer shall undertake not to use the Services for sending detrimental or disruptive messages, such as spam, chain letters and unsolicited mass postings.

7.5 Consequences

Should information provided or material supplied to Posti by the Customer be in violation of the Terms of Use, the Service Agreements or Posti's instructions, Posti shall not be under obligation to implement the Services in accordance with the aforementioned Agreements or information provided by Posti on the Services. Should it become apparent that material processed by the Customer with the aid of the Services is offensive in content, infringes upon another party's copyright or other rights, violates law, the Terms of Use of the terms of the Service Agreements, or may cause damage, Posti shall be entitled to delete such material. Furthermore, Posti shall be entitled, on grounds of misuse, to terminate the Terms of Use and/or the Service Agreement, and to suspend use of the Services in accordance with Clauses 10.1., 10.2 and 10.3.

8 Posti's Responsibility and Liability

8.1
Posti's responsibility for the Services are defined in these Terms of Use and additionally, or divergently, in the Service Agreements and in connection with the Services.

8.2
Posti shall assume responsibility for the appropriate encryption and protection procedures used in the transmission and processing of data so that the said procedures shall ensure the protection of confidentiality as prescribed by law when using the Services. Posti shall administer the Services so that they shall, by and large, be available for use 24 hours a day, 7 days a week. Posti may temporarily suspend the Services e.g. due to alterations or repairs, or measures caused by system maintenance. Posti shall not guarantee the continuous or flawless availability of the Services.

8.3
The sender shall be responsible for the contents and form of electronic and physical messages as well as other material conveyed by Posti. The sender shall also be responsible for having obtained all necessary consents and approvals from the recipient, and for the fact that the law in force entitles him/her to send messages to recipients. Posti shall only be responsible for material produced by Posti.

8.4
Posti's liability for damages shall be determined according to the laws and terms subject to the Service. The liability and compensation principles set out in Posti's General delivery terms shall also be followed.

8.5
Posti shall only be liable for direct damages limited to the amount paid by the Customer for said service, unless otherwise prescribed in mandatory applicable law.

8.6
The Customer shall as soon as possible notify Posti of any errors identified in the Service. The notification must be submitted within a reasonable time from when the consumer identified the error or should have identified it. Transport services have sector-specific rules for remarks and expiry, which are indicated in the general terms of delivery.

9 Amending the Terms

9.1
The Customer shall be aware that Posti is continuously developing the Services, which is why the range and contents of the Services available for use may change. Posti shall also be entitled to discontinue the provision of Services. In such a case, Posti shall be entitled to terminate agreement with respect to the Services or the part thereof that has been discontinued in accordance with Clause 10.1.

9.2
If the Customer's obligations are not increased or his rights decreased by an amendment to the Terms of Use or the Service Agreement, or if the amendment to the agreement is due to a change in legislation or a decision taken by the authorities, Posti shall be entitled to give notification of such a change in connection with the Services. Any amendment due to a change in legislation or a decision taken by the authorities shall enter into force with immediate effect. Other amendments shall enter into force at the time notified by Posti.

9.3
If the Customer's obligations are increased or his rights decreased by an amendment to the agreement and the amendment is not due to a change in legislation or a decision taken by the authorities, Posti shall notify the Customer of the amendment by physical or electronic letter or by other, personal means via the Services or in some other manner. The amendment shall enter into force at the time notified by Posti, however not earlier than after 30 days of Posti having announced the amendment.

9.4
Should the Customer not accept the new terms once having received notification from Posti in accordance with Clause 9.3, the Customer shall be entitled to give terminate the agreement. If the Customer gives notice termination to Posti in the manner described in Clause 10.1 not later than 7 days prior to the entry into force of the new terms, the new terms shall not be binding on the Customer. In such a case, the Customer shall be bound by the old terms until the entry into force of the new terms. The Customer's contractual relation shall expire upon the entry into force of the new terms at the latest.

10 Validity, Termination and Cancellation of Agreements and Services

10.1 Validity and Termination of the agreement

Remaining valid until further notice, the agreement will become effective immediately once the Customer has accepted them by registering or by other means. Having concluded the Agreement, the Customer shall have a 14-day grace period during which (s)he may cancel the Agreement. However, the right of cancellation shall expire once the Customer has started using the Services. The Services may be subject to cancellation right exceptions based on the Finnish Consumer Protection Act. Related information is provided in conjunction with the Service.

Posti may terminate the agreement at 30-day notice. The Customer may terminate the agreement at 14-day notice. The period of notice shall be calculated from the date on which notice was given. The Customer may terminate the agreement in connection with the Services or by telephoning Posti's Call Centre.

10.2 Cancellation of the agreement

Posti may cancel the agreement without any period of notice if the Customer uses the Services in a manner that is in violation of these Terms of Use, the Service Agreements, or law or good practice; if the Customer provides false information into the Services, or uses or attempts to use the Services in a manner that jeopardizes their operation or data security arrangements. Posti shall cancel the agreement without any period of notice upon receiving notification of the demise of the Customer. The Services may determine Service-specific procedures related to the demise of the Customer.

10.3 Closing the Services

Posti may close the Services in full or part if there is a justified reason to suspect misuse or if there is a justified reason to suspect use in violation of the agreement or of law or if the Services or part thereof is the target of an IT security attack or Posti has another reason, comparable to the aforementioned, to close the Services. The Customer may, without terminating the Agreement, request that Posti deactivate his/her identifiers for a given period of time or for until further notice.

10.4
Upon termination or cancellation of the agreement, the Customer shall have no longer access to the Service or the material, information or other content in the Services.

11 Other Terms

11.1
All rights (right of ownership, copyright and other intellectual property rights) to the Services and to material related thereto, offered by Posti, shall remain with Posti or its licensors. Rights to the products and services of Other Service Providers and to material related thereto shall remain with the respective service providers or their licensors.

11.2
Finnish law shall be applicable to the Agreement. Any disputes shall be settled in the District Court of Helsinki, or should the Consumer Customer so desire, in the District Court of his/her domicile. If the Customer is not domiciled in Finland, disputes shall be settled in the District Court of Helsinki. The Consumer Customer may also submit disputes to the Consumer Complaint Board.

11.3
The Customer's messages or his/her other material shall be stored in the Services for a period of time stated in the Service Agreements or in connection with the Services. Once the use of the Services ends, the Customer shall be personally responsible for saving or printing messages and other material (s)he requires.

11.4
Posti shall be entitled to transfer the Customer's agreements to another company within the Group.

11.5
The contractual obligations shall not be binding to the Parties if fulfilling them is prevented by a force majeure.