GoMage - Terms of Use

This Terms of Use governs access to and use of www.gomage.com (hereinafter referred to as “Website”) by you, and services available through the Website (hereinafter referred to as “Services”) This website is provided by ECOMBIX Oy (hereinafter referred to as “Owner”), located at c/o Novius Pro Oy, Hitsaajankatu 6, 00810, Helsinki, Finland.

BY PERFORMING A REGISTRATION FORM AND SELECTING “I ACCEPT” CHECKBOX DURING THE ACCOUNT REGISTRATION PROCESS OR BY USING WEBSITE YOU AGREEING THAT YOU HAVE READ AND AGREE TO FULLY COMPLY WITH AND BE FULLY BOUND BY THIS TERMS OF USE AND WEBSITE PRIVACY POLICY. OWNER RESERVES RIGHT TO CHANGE THESE TERMS OF USE ANY TIME AND YOU ARE SOLELY RESPONSIBLE FOR TIMELY CHECKING OF OUR TERMS, UNLESS YOU CREATED ACCOUNT WITH WEBSITE SO WE WILL NOTIFY YOU ABOUT CHANGES.

YOU ASSERT THAT YOU ARE EITHER LEGAL AGE (18 YEARS OLD), OR AN EMANCIPATED MINOR, OR POSSESS LEGAL CONSENT OF YOUR PARENT OR GUARDIAN, AND YOU ARE HAVING THE POWER AND COMPETENT TO ENTER INTO AND TO COMPLY WITH THESE TERMS OF USE.

If you are accepting terms of this Terms of Use on behalf of a legal entity (as an agent or employee), you represent and warrant that you are entitled and have full authority to bind the respective legal entity into this Terms of Use. When visiting the Website, you agree not to repost, transfer or receive any materials for which you have not been licensed to use, repost or transmit. Failure to comply could entail legislative infringement in Finland or any other country including international provisions for copyright infringement.

1.Using Website, Software, and Services

• 1.1. You may be required to create an account with our Website in order to purchase the software available through www.gomage.com. You agree that all information provided is authentic, true and accurate, up-to-date. You agree to (1) keep confidential your logins and passwords and (2) take responsibility for all credentials disclosure you make.
• 1.2. All the Software is available under the conditions set forth in the License Agreement.
• 1.3. You agree to refrain from or take part in any impending or infringing activity directed toward the Website or any of its related servers or networks.
• 1.4. You agree to not reproduce, duplicate, copy, sell, exchange, rent, sublicense, or resell the Services or materials available through the Website related hereto regardless of the purpose, unless you have specifically been granted permission from the Owner with a separate agreement.
• 1.5. We may contact you using the available contact information provided by you upon registration of account, for any matters relating to the software or Services by sending newsletters. You hereby agree that these newsletters do not constitute “unsolicited commercial email advertisements”. After we receive your prior consent, we may inform you through email about news, promotions, special offers and or other topics of interest related to our Website, Services and software. You may choose to stop receiving these promotional emails at any time by following the instructions contained in those promotional emails.
• 1.6. OWNER IS NOT RESPONSIBLE FOR ANY INCONSISTENCY WITH YOUR ACCOUNT INFORMATION NOR ACCOUNTABLE FOR ANY UNLAWFUL ACCESS TO YOUR ACCOUNT.
• 1.7. If you become aware that someone has unlawfully utilized your account through unauthorized use of password or log in information, you agree to notify the Owner immediately.
• 1.8. We respect your confidentiality and protect the information you provide to us. Please read our Policy for more information on how we protect your information: https://www.gomage.com/privacy-policy/.

2.Intellectual Property

• 2.1. All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Website belong solely to the Owner and its licensors.
• 2.2. The “GOMAGE” logo and brand are registered trademarks belonging to the Owner and protected by law. You agree not to use Owner’s trademarks without permission.
• 2.3.Both you and Owner shall retain its intellectual property rights not specifically granted by these Terms of Use and License Agreement.
• 2.4. Claims of copyright or other intellectual property infringement should be sent to GoMage’s Copyright Agent by mail or email as follows

By Mail: ECOMBIX Oy, c/o Novius Pro Oy, Hitsaajankatu 6, 00810, Helsinki, Finland, +358 9-424-562-39

By Email: [email protected]

• 2.5. The Owner does not make any claims to the intellectual property rights in relation to any third parties’ intellectual property (e.g., logos, trade names, and registered trademarks). Any third party trademarks displayed on the Website are provided for informational purposes only and do not imply any affiliation of the Owner with the proprietors of those trademarks.
• 2.6. Upon uploading of any content to our Website you hereby grant Owner non-exclusive, limited, non-revocable, sublicensable, transferable right and license to use, analyze and distribute through the Website the content you are uploading thereto.

3.Guarantee Release and Responsibility Restriction

• 3.1. All the information contained on Website is provided as is. All material or Software obtained by you through the www.gomage.com Website is used under your responsibility and risk.
• 3.2. Owner does not assume responsibility for any loss, moral damage or profit loss incurred by you, or for information saved connected with the use of the Website even when prior notification is sent by you or a third party.
• 3.3. For avoidance of doubts, all explicit warranties and guaranties regarding Services shall be given in separate agreement between you and the Owner.

4.Technical Steps to Conclude Sales Contract

• 4.1. If you would like to purchase software or services (hereinafter, collectively referred to as “Products”) through the Website, you need to add the selected Products in online shopping cart. To do this (1) visit selected Product webpage, (2) choose preferred features of the Products, and (3) clicking on the “Add to Cart” button. Then click on the “shopping cart” icon located at the top right corner of the Website and click on the “Checkout” button. After checkout you need to login your account or create new account and submit your billing and delivery information. The required billing and delivery information includes: (1) your first and last name; (2) your email address; (3) your shipping address and (4) a password. Afterwards, you need to (1) choose payment method and submit payment information, and (2) click on the button “Pay” and pay the price of the selected Products by using one of the Third Party Payment Processors mentioned in Section 6.
• 4.2. After your order is placed and the payment is executed, we will send you a confirmatory email informing you about your order.
• 4.3. By clicking on the button “Pay” and receiving a confirmatory email, you conclude a sales contract in English between you and the Owner based on the version of these Terms applicable on the order date. After receiving your payment, we will deliver the Products ordered by you.
• 4.4. You will be able to identify and correct any input errors prior to clicking on the “Pay” button. To correct your error please lease click on the “shopping cart” icon. If you would like to change or correct any input errors in the billing address, the shipping address, and the billing option, please (1) go to the checkout page on the Website and (2) correct the sections in which you would like to make changes.
• 4.5. The details of your specific contract will not be delivered by us and, therefore, the specific text of contract will not be available to you. If you do require any information regarding your order, please contact us.

5.Prices

• 5.1. All prices of Products (hereinafter, referred to as the “Prices”) displayed on the Website are in Euro. The Prices do not include VAT, added to the Price on the checkout page. 5.2. If any delivery costs apply to the Products, such costs will be indicated after you add the Products to your shopping cart. No other additional charges will be applied by the Owner without your express agreement.
• 5.2. If any delivery costs apply to the Products, such costs will be indicated after you add the Products to your shopping cart. No other additional charges will be applied by the Owner without your express agreement.
• 5.3. The Prices remain valid, unless modified by the Owner. In any case, changes shall not be retrospective and shall not apply to the previous purchases.
• 5.4. The Owner reserves the right, at any time, to modify the Prices without a prior notice.

6.Payment

• 6.1. All payments are handled by our third party payment processors: (1) Stripe Payments Europe, Ltd. having a principle place of business C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1; and (2) PayPal (Europe) S.à r.l. et Cie, S.C.A. having an address at 22-24 Boulevard Royal, L-2449 Luxembourg (collectively referred to as “Third Party Payment Processors”).
• 6.2. The Third Party Payment Processors may collect from you payment information, which will allow them to make the payments requested by you. Please note that we neither store nor process your credit/debit card information. The Third Party Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing.
• 6.3. Owner shall not be liable for incorrect payments quoted due to your mistake. In order to execute the payment successfully, please submit carefully and accurately the payment information required by the Third Party Payment Processors.
• 6.4. You agree that the Owner will not be liable if the Third Party Payment Processors decline or refuse your payment processing.
• 6.5. You are able to request a refund under the terms described in our Refund Policy.

7.Right of Withdrawal

• 7.1. If you are EU or UK consumer (i.e., a natural person domiciled in European Union or United Kingdom who is acting for purposes which are outside his trade, business, craft or profession), you have the right to withdraw from the sales contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the provision of the Products starts.
• 7.2. To exercise the right of withdrawal, you must inform the Owner of your decision to withdraw from the sales contract by an unequivocal statement (e.g., a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You can use the following contact details to exercise your rights of withdrawal: Address: Ecombix Oy, c/o Novius Pro Oy, Hitsaajankatu 6, 00810, Helsinki, Finland Email: [email protected]
• 7.3. Effects of withdrawal. If you withdraw from the sales contract, the Owner will reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which the Owner is informed about your decision to withdraw from the sales contract. The Owner will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested the supply of the Products (i.e., software or Services) during the cancellation period, you shall pay us an amount, which is in proportion to what has been performed until you have communicated us your cancellation from the sales contract, in comparison with the full coverage of the sales contract.

8.Taxation

• 7.1. From 1 January 2015, telecommunications, broadcasting and electronic services will always be taxed in the country where the customer belongs – regardless of whether the customer is a business or consumer and whether the supplier based in or outside of the EU. For a business (taxable person) – either the country where it is registered or the country where it has fixed premises receiving the service. For a consumer (non-taxable person) – the country where they are registered, have their permanent address or usually live.You can find out more information at: http://ec.europa.eu/taxation_customs/taxation/vat/how_vat_works/telecom/index_en.htm#rulesapp2015

9.Termination of Sales Contract

• 9.1. Sales Contract can be terminated by you or the Owner as specified below:
  • If you wish to terminate the agreement with the Owner, you may do so by sending written notification to the Owner at the address provided above or email at [email protected] provided above.
  • Should you fail to follow the terms and conditions and this Terms of Use, the Owner reserves the right to terminate the Agreement immediately. You will be notified via email should the Owner exercise this right..
  • The Owner has the right to cancel or terminate any Services provided or offered on the Website at any time and without prior notification.
• 9.2. All rights, obligations and responsibilities gained by you will not be affected by termination.

10.Miscellaneous

• 10.1. Both Neither you nor Owner is responsible for failure to fulfill any obligations due to causes beyond its control.
• 10.2. Failure by Owner to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
• 10.3. You agree that Owner may change the terms of this Terms of Use from time to time by sending notification via email or other means.
• 10.4. If any provision of this Terms of Use is held unenforceable by the court, then Owner will modify such provision to reflect the previous covenants. All remaining conditions of this Terms of Use will remain in full force and effect.
• 10.5. Dispute resolution. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Terms of Use. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Terms of Use.
• 10.6. Governing law; Place of jurisdiction. Any cause of action, claim and/or dispute that might arise between the parties hereunder, shall be subject to the laws of Finland, without regard to conflict of law principles and provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Non-exclusive jurisdiction and venue for actions related to this Agreement or Licensee's use of the Software will be the state courts located in Finland.

11.Contact details

Address: Ecombix Oy, c/o Novius Pro Oy, Hitsaajankatu 6, 00810, Helsinki, Finland

Phone numbers: +358 9-424-562-39

Email address: [email protected]

Contact form: https://www.gomage.com/contacts/

Business registration (Y-tunnus) number: 2841075-7

VAT number: FI28410757