Terms of use of the service

Terms of use of the service

Acceptance and application of the Terms of Service

These Terms of Service apply to the use of the Kiwa Impact Oy’s (hereinafter Service Provider) online service Kiwa Comply ™ (hereinafter Service). If you do not accept these Terms of Use, you should not use the Kiwa Comply™ digital requirement management system. The Terms apply to the dealings of registered users (hereinafter referred to as the User). For the User, these Terms apply between the parties at least until the User’s account is deleted or locked.

The Service Provider reserves the right to amend these Terms and Conditions from time to time. Such changes shall take effect immediately.

Terms of Service (starting from 2023-04-03)

This document constitutes a legal and binding agreement between the Customer and the Service Provider for the use of the Service. It governs how the Customer may use the Service Provider’s services and the Service Provider’s obligations to the Customer. These terms and conditions must be read carefully before using the Service.

These Terms of Use set out the terms and conditions for the use of the Services and published material. The processing of personal data on the Service is governed by a separate Privacy Policy. The Service Provider reserves the right to update these Terms and Conditions and the Privacy Policy and to change the content of the pages without prior notice. These terms and conditions and the use of the Service Provider’s website are governed by Finnish law.

The Service Provider shall endeavour to develop the Service and ensure that it operates as smoothly as possible. The Service Provider shall have the right to change or remove the content, structure, hours of service, or other aspects of the Service or parts thereof. If the changes require modifications to the user’s equipment or software or other actions by the user, the Service Provider shall endeavour to give sufficient notice of the changes. The User shall be responsible, at its own expense, for any changes to its hardware and software.

The Service contains direct quotes from the standard ISO 9001:2015, the copyright of which is (usually) owned by the national standardization organisation. The Customer is responsible for having a number of rights of use to the above mentioned standard corresponding to the scope of use of the Service.

Content and delivery of the Service

The Service is a set of services that includes material provided by the Service Provider and content produced by the Customer.

The Service is available 24 hours a day, unless otherwise specified for a particular service or part of a service. Customer support and service may be provided for a shorter period. The Service Provider makes no warranties, express or implied, as to the operation or features of the Service and does not warrant that the Service will be uninterrupted or error-free.

The user accepts the Service and use it at his/her own risk. The User shall be responsible for the purchase, installation, maintenance and costs of the hardware, software, telecommunications and data transmission connections required to use the Service. The User shall not connect to or use the Service in such a way as to cause undue load or other harm to the network, other networks connected to the network, users of the Service, other third parties or the Service Provider. The Service Provider may provide specific instructions on network load and prohibited use. The administrator has the right to intervene in cases of obvious abuse.

The Service offered for use on different terminals may differ in content and functionality.

The Service Provider may offer, transmit or market on the Service paid or free services, such as training, produced or offered by the Kiwa Group. In addition to these Terms, the User agrees to comply with any specific contractual terms, limitations of liability and instructions of the other Service Provider.

Registering as a user of the Service

To use the Service, the User must register as a user of the Service. When registering, the User must provide the requested personal and organisational information. The User is responsible for the accuracy and timeliness of the information provided. When registering, the User must also set a password for himself/herself.

The username is personal. The User shall not disclose the User ID (combination of username and password) to any third party and the User shall not allow any third party to use the User ID and account. The Service Provider shall not be liable for any unauthorized, improper or illegal use of the User ID in the event that the User ID is compromised, guessed, hacked or subject to software malfunction. Any action taken under a User’s User ID shall be deemed to have been taken by the owner of that User account. If the User becomes aware of any unauthorised use of the User ID or if the confidentiality of the User ID has been compromised, the User should immediately notify the Support Team by e-mail to comply(at)kiwa.com. In such cases, the Service Provider may, at its sole discretion, close the user account to prevent its misuse.

All minors or other persons under guardianship must review these Terms of Use with their parent or guardian and obtain their parent’s or guardian’s consent to these Terms of Use before using the Service.

The registered User has the right to close the User account. To close an account, please send an e-mail to the following address comply(at)kiwa.com

Personal data

The Service Provider complies with the Finnish Data Protection Act (2018/1050) in the processing and registration of personal data. The Service Provider uses personal data primarily to provide the User with free and paid services included in the digital services but may also provide other services if the Customer has given consent. The User must provide the Service Provider with the personal and other data necessary for the use of the service in question. The contact details of the users of the content published on the Service are confidential information which the Service Provider will not disclose to any third party without the written consent of the User. Written consent shall be deemed to be consent given by e-mail.

The details of the processing of the User’s personal data are described in the Service’s Privacy Policy.

Entering into a contract and buying a service

Users choose the service that suits their needs and are responsible for buying the service that is right for them.

The User is responsible for using the Service in accordance with the terms and conditions of the service ordered. At the same time, the User agrees to comply with the terms and conditions of this Agreement. All information provided by the Customer at the time of registration must be accurate and must not omit any material information. The User is obliged to keep such information up to date at all times and to update it as necessary.

The contract is valid until further notice or until terminated by the Customer or the Service Provider. The Service Provider reserves the right to terminate this Agreement and close the Customer’s User accounts at any time if the Customer uses or is suspected of misusing the Service.

Responsibility of the service provider for the service

The Service User accepts and uses the Service as is. In addition, the User agrees that the use of the Service and its content is entirely at the User’s own risk. The Service Provider reserves the right to modify and adapt the Service at any time.

The Service Provider shall not be liable for any direct, indirect or consequential damages, including loss of revenue or earnings, business interruption, damage to hardware, software, data or files, resulting from the use of or inability to use the Service. The Service Provider shall not be liable for any damage caused by the User to himself/herself or to others, misuse of the Service or any other similar act. The Service Provider shall not be liable for any damage caused by force majeure or any other similar cause of unreasonable hindrance to the operation of the Service.

Compensation must be claimed from the Service Provider within one month of the date on which the Customer discovered, or should have discovered, the grounds for compensation

Responsibility of the customer

The User is responsible for the use of the Service and for the material submitted to the Service or distributed to other users and other networks through the Service, and for ensuring that the use of the Service or the aforementioned material does not infringe the copyright, intellectual property or other protected rights of third parties, or violate the Terms of Use and any special terms and conditions, law or good practice, or cause harm or disturbance to the network, the Service Provider, the Service Provider’s contractual partners, other users of the Service or other third parties. The Customer undertakes to compensate the Service Provider or any third party for any damage caused by the Customer.

Information provided on the service

Although the Service Provider makes every effort to ensure that the information published on the Service is accurate and up to date, the information may contain inaccuracies or errors. The requirements and interpretations of standards or other sets of requirements presented on the Service are provided “as is”. To the extent permitted by law, the Service Provider makes no warranty, express or implied, as to the Services, their quality, content or fitness for a particular purpose. Furthermore, under no circumstances does the Service Provider warrant or represent that any level of compliance indicated by the Service is accurate, error-free, and unquestionable as a basis for, for example, the issuance of a certificate or the result of any audit.

As with any product or service purchased through any channel or from anywhere, the customer should use their own judgement. No information provided to the customer by the Service, whether orally or in writing, shall constitute a warranty by the Service Provider.

Rights to the Service and the material contained in the Service

The copyright, intellectual property and other protected rights in the layout of the Service and the material contained in the Service are owned by the Service Provider or its contractual partners. The Customer shall not be entitled, without the prior written consent of the Service Provider, to reproduce, transmit to the public, publicly perform, publicly distribute, publicly display or use the Service or any content received through the Service other than as permitted by these Terms of Use and the Copyright Act. The foregoing includes the prohibition on reprinting under copyright law. The Customer shall not use the Service in violation of the copyright or other rights of the Service Provider or any third party.