Terms & Conditions
The use of the Service also requires that the User downloads a Jongla application to his/her mobile phone or computer from the Producer’s website www.jongla.com or through a third party App Store. Downloading the Jongla application is either free of charge or chargeable, which is notified on the above mentioned website. The use of the Service is either free of charge or chargeable.
The use of the Service requires a data connection (Wlan, 3G or equivalent). The User must ensure that he/she has a fixed-charge data transfer subscription with his/her operator or use a Wi-Fi connection when available. (Otherwise, the User’s service provider will charge the User data transfer fees as per the service provider’s current tariff.
1.3 The Service enables the use of or subscription to products and services provided by third parties (‘Service Provider’). Service Providers are responsible for their respective marketing, products, services and materials. The use of these services or products constitutes an agreement directly between the User and the Service Provider, and the Producer shall not be considered a party to any such agreement and shall not be held liable for the products, services or materials therein covered or any information published on the same, regardless of whether the Service Provider’s website is technically located on the Producer’s server or on some other server.
2. Registration and signing of agreement
2.2 In order to access and use the features of the Service, the User agrees that he/she has to provide the Producer with the User’s phone number, as well as the phone numbers of third parties with whom the User wishes to use the Service. The User agrees also that the Producer has the right to use the information of the location of the User’s mobile phone and add such information to the User’s messages, videos, photos, pictures and texts.
The Producer collects the phone numbers stored in the address book/contacts list of the device in which the smartphone-based application is installed. The User confirms that the information of the phone numbers is accurate and complete. The User hereby gives his/her express consent to the Producer to use the phone numbers in the above-mentioned address book/contacts list to provide the User access and use of the Service. The User shall not use another person’s phone number without their permission and the User is responsible for the use of their phone numbers. The User must notify the Producer immediately of any breach of security or unauthorized use of the User’s phone. Although the Producer shall not be liable for the User’s losses caused by any unauthorized use of the User’s account, the User may be liable for the losses of the Producer or others due to such unauthorized use.
3. User data and User ID
3.1 The mobile phone number of each User serves as a unique identifier. The User may select a user ID of his/her choice when registering for the Service. All messages sent are signed with the user ID. The Producer is not responsible to provide the Service to any other than the registered phone number with its related password. If the User’s phone number changes or he/she forgets the password, the User must notify Producer immediately in order to be issued a new user ID or password. The User IDs and passwords are personal and may not be transferred to a third party. The User shall not resell or charge others for use of or access to the Service. The User is responsible for any action taken in the Service using his/her user ID and password.
3.2 The Producer may change the User’s user ID or password if so required by official regulations, technical or service-related reasons concerning the provision of the Service, or data protection reasons. The Producer shall notify the User in advance of such changes if reasonably possible.
3.3 The User shall immediately notify the Producer if the User’s user ID or password is disclosed, or there is reason to believe it has been disclosed, to a third party. This notification shall be submitted to the Producer’s customer service. The User’s liability for actions taken using his/her user ID and password shall be void insofar as such actions were taken after the aforementioned notification was received by the Producer. In such a case, the Producer shall be entitled to cancel the User’s Service immediately.
4. Responsibility for Service availability and Data Security
4.1 The Producer endeavors to ensure that the Service is available without interruption. However, the Service and the agreement regarding the Service are valid indefinitely, and the Producer may terminate the agreement or discontinue the Service or any part thereof at any time. The Producer shall not be liable for interruptions, data transfer disruptions or resulting delay in the transfer of information or alteration or destruction of information caused by technical faults, disruptions in computer or telecommunications systems, malware, maintenance or installation; nor for direct or indirect damage caused by the amendment, discontinuation or content of the Service; nor for the permanence, preservation, damaging or misuse of files posted or shared by the User in the Service or any similar undesirable occurrence affecting said files.
4.2 The User is aware that data posted in the Service is vulnerable to disruptions and faults in information networks, servers and telecommunications and that any or all files posted in the Service may be destroyed. The Producer shall not be held liable for any damage to such files, and the User acknowledges that the purpose of the Service is not to provide safe storage for files, only to facilitate the sending of files within its operating parameters.
4.3 In the event that the Producer is acquired by or merged with a third party, the Producer has the right to transfer or assign the information that the Producer has collected from the Users as part of such merger, acquisition, sale or other change of control. In the event of bankruptcy, insolvency or reorganization, the Producer may not be able to control how the User’s personal information is treated, transferred or used.
4.4 The Producer uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of the Users’ personal information. The Producer shall not ensure or warrant the security of any information the User transmits to the Producer and the User sends all information at his/her own risk. The User’s information may be accessed, disclosed, altered or destroyed by breach of the Producer’s physical, managerial and technical safeguards.
5. User’s rights and obligations
5.1 The User shall be responsible for any and all use of the Service using his/her user ID and password. The User shall also be responsible for any material submitted to the Producer, other Users and third parties. Specifically, the User undertakes to ensure that any material posted or stored by the User in the Service does not violate copyright or any other immaterial rights or privacy rights.
5.2 The User is entitled to use the Service in accordance with the law, other regulations and good practice. The Service is controlled and offered by the Producer from its facilities in Finland. The Producer makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
5.3 The Producer may separately offer the User the right to use the Service to promote the User’s enterprise and market the User’s business and provide marketing or other material for this purpose through the Service. If the User uses the Service for marketing his/her business or other promotional purposes and/or delivers marketing material or similar material to several third parties using the Service, the User must particularly observe the provisions of law and good marketing practice concerning such activities and materials. Responsibility for complying with these requirements rests solely with the User.
5.5 The User shall be responsible, at his/her cost, for obtaining and maintaining the equipment, software and telecommunications connections required for using the Service and for any other costs caused by the use of the Service, and for the compatibility of the above with the current version of the Service.
5.6 The User acknowledges that the persons with whom he/she shares text, images and/or video clips may distribute them further.
5.7 The User shall not use the Service for the purpose of using his/her own or a third party’s fundraising phone numbers or for any other fundraising purposes. The User shall be held liable for any damage caused by using such a service.
6. Producer’s rights and responsibilities
6.1 The Producer has ownership and all other rights in the Service. The Producer shall be entitled to change the Service, its content, purpose, availability and the technical specifications for its use at any time. The Producer shall be entitled at any time, at his sole discretion and without advance notification, to revoke the User’s user ID and password and User registration. The Producer does not offer Users support services related to the Service, but aims to respond to inquiries concerning the Service to the best of his ability on weekdays between 09:00 – 16:00 local Finnish time (UTC/GMT +2 hours).
6.2 The Producer shall not be liable to the User or to any third party regarding any feature of the content or functionality of the Service. The Producer shall be entitled at any time to impose limits on the number of messages allowed to the User and limits on file sizes.
6.3 The User posts materials to the Service and is responsible for their content. The Producer shall not be held responsible in any way for any material posted by the User to the Service or its authenticity or for whether the User is legally entitled to distribute the material, or for any other issues related to the material. The same also applies to phone numbers, any data or file sent by the User. The Producer shall not be held responsible for any information received by the User through the Service from third parties or for any copyright infringement thereby involved or illegal content therein. The Producer shall not be held responsible in any way for the content of messages or texts written by the User.
7. Compensation for costs and damages
7.1 The User shall not be compensated for indirect damage under any circumstances whatsoever.
7.2 If the User deliberately, or ignoring a reminder from the Producer, uses hardware or software that is faulty or causes disruptions, the User shall be liable to compensate the Producer for any damage and for any costs incurred in finding the faults caused.
9. Force majeure
10. Language versions
11. Disputes and applicable law
Producer’s contact information:
Jongla Oy, Albertinkatu 27 B, FI-00180 Helsinki, FINLAND. www.jongla.com
Business identity code (VAT Reg.): FI 18939817.