{"id":2411,"date":"2025-02-12T11:06:57","date_gmt":"2025-02-12T11:06:57","guid":{"rendered":"https:\/\/cluby.com\/?page_id=2411"},"modified":"2025-02-12T11:06:58","modified_gmt":"2025-02-12T11:06:58","slug":"cluby-merchant-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/cluby.com\/en-en\/cluby-merchant-terms-and-conditions\/","title":{"rendered":"Cluby Merchant Terms and Conditions"},"content":{"rendered":"\n<div class=\"wp-block-group\"><div class=\"wp-block-group__inner-container is-layout-constrained wp-block-group-is-layout-constrained\">\n<h1 class=\"wp-block-heading\">Cluby Merchant Terms and Conditions<\/h1>\n\n\n\n<div style=\"height:20px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<p><strong>These Terms and Conditions were last updated on 12th of February, 2024.<\/strong><\/p>\n\n\n\n<p>Welcome to use the services offered by Cluby Oy.<\/p>\n\n\n\n<p>Please read these Terms and Conditions (\u201cTerms\u201d) carefully before using the services at https:\/\/www.cluby.com (\u201cthe Service\u201d) operated by Cluby Oy (\u201cThe Company\u201d, \u201cus\u201d, \u201cwe\u201d, \u201cCluby\u201d or \u201cour\u201d) (business ID: 2932166-8), a limited liability company registered under Finnish law, which has its principal office at Mikonkatu 25, 00100 Helsinki, Finland.<\/p>\n\n\n\n<p>A merchant using our Service (hereinafter \u201dMerchant\u201d or \u201dyou\u201d) may sell and advertise products and services related to various events and other services (hereinafter \u201dProduct\u201d or \u201dProducts\u201d) to consumer customers (hereinafter \u201dCustomer\u201d) using our Service.<\/p>\n\n\n\n<p>These Merchant Terms apply to the legal relationship between the Merchant and the Company, when the Merchant uses the Service. When the Customers use the Service to find and buy Products, the legal relationship between them and the Company is governed by the Customer terms of service, which are our terms of service (\u201cUser Terms of Service\u201d) related to our consumer Customers.<\/p>\n\n\n\n<p>The Merchant accepts the Merchant Terms as legally binding (hereinafter \u201dAgreement\u201d) by registering into the Service or by otherwise accessing or using the Service. The Agreement is therefore a contract, which creates legally binding terms between the Merchant and the Company when the Merchant uses the Service. The Merchant may not use the Service if he\/she\/it does not enter into an Agreement with the Company. Hereinafter the Merchant may also be referred to as the \u201dUser\u201d.<\/p>\n\n\n\n<p>These Terms sets forth the legally binding terms and conditions and constitutes the entire agreement between you and Company for your use of the Service. The term \u201cyou\u201d shall also include your employees or other authorized users to the extent applicable and permitted under your subscription of the Service.<\/p>\n\n\n\n<p>By accessing or using the Service in any manner, including, but not limited to, visiting or browsing the Service, subscribing to automated emails or contributing content or other materials to the Service, you agree to be bound by these Terms. Capitalized terms are defined in these Terms.<\/p>\n\n\n\n<p>The Company reserves the right to change the Agreement. The Company shall notify the User through the website or the Service of such changes. The changes shall take effect 30 days after the notification. By using the Service after the changes, the User accepts the changes as legally binding.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">1. The Service<\/h3>\n\n\n\n<p>The Service is a loyalty application for offline businesses, such as restaurants, bars, cafes, nightclubs, and barber shops. We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service. We, at our sole discretion, offer you free use of selected features of the Service for a limited time period.<\/p>\n\n\n\n<p>You can access our website www.cluby.com online, and our Service is available as an iOS and Android application, which can be downloaded from the Apple Store or Play Store.<\/p>\n\n\n\n<p>Our Service offers convenient access through the iOS and Android applications, making it easily accessible to our Users. We are committed to providing a seamless and user-friendly experience.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">2. Eligibility<\/h3>\n\n\n\n<p>The Service offered to the Merchants is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this Agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">3. Account Registration<\/h3>\n\n\n\n<p>You must register to use certain features of the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (\u201cRegistration Data\u201d); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at info@cluby.com.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">4. Fees and Payment<\/h3>\n\n\n\n<p>We will charge fees for use of certain features of the Services, either on a one-time or subscription basis (\u201cPaid Services\u201d). Company reserves the right to implement fees or change the fees for the Service at any time by providing you notice on the Service or otherwise.<\/p>\n\n\n\n<p>Fees shall be paid in accordance to the list prices offered on our website in force from time to time. Prices for the Paid Services may vary depending on the billing period, volume of the members or similar factors determined by us and set forth on our website. All prices on our website are exclusive of any value-added taxes. Paid Services may be purchased with a credit card or by periodical billing.<\/p>\n\n\n\n<p>When you purchase any Paid Services by credit card, you authorize Company or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information.<\/p>\n\n\n\n<p>When you purchase any Paid Services by periodical billing you shall provide us with the appropriate invoicing details and Company will invoice you in advance using the information provided by you. Payment term for invoices is 14 days after the date of invoice.<\/p>\n\n\n\n<p>If the Company does not receive payment from you or your credit card provider, you agree to pay all amounts due upon demand and Company may suspend your access to the Service until full payment is received or terminate the Service. All sales are final and the Company will not issue refunds, including for prepaid periodical fees. If you choose an automatic recurring payment and later decide to end your subscription, canceling the payment is your responsibility. Company does not refund automatic payments that are not canceled in time.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">5. Marketing and selling of Products<\/h3>\n\n\n\n<p>The Merchant may advertise and sell its Products through the Service. The actual sales and purchase agreement for the Product purchased by the Customer through the Service is always concluded between the Merchant and the Customer. The Company only forwards the purchased Products from the Merchant to the Customer, and therefore, the sale of Products through the Service shall only be made by the Merchant, in the name of the Merchant and on behalf of the Merchant.<\/p>\n\n\n\n<p>It is stated for the sake of clarity that event tickets, memberships or coupons redeemable within a deadline, cannot be exchanged or canceled. Other unused and non-redeemed Products that are not pre-order or as such resalable, are subject to a cancellation right of fourteen (14) days according to the Consumer Protection Act of Finland (38\/1978).<\/p>\n\n\n\n<p>The Merchant shall be responsible for the availability, redemption and marketing of the Products, and the related obligations and responsibilities, such as reliability, accuracy, cancellation of events, announcement of location or schedule changes and liability for damages. The Merchant shall endeavor to notify Customers of any changes and errors in the Products without delay.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">6. Payments<\/h3>\n\n\n\n<p>When using the Service, the Merchant authorizes the Company to act as its agent to receive the payments from Customers on behalf of the Merchant.<\/p>\n\n\n\n<p>The Merchant is responsible for the pricing of the Products. Any applicable taxes, duties, levies and other public charges and value added tax (\u201cVAT\u201d) imposed or assessed by competent authorities shall be included in the prices of the Products in accordance with the applicable law and regulations in effect at the time of issuing the invoice.<\/p>\n\n\n\n<p>The Company charges a commission from the Merchant for every Product sold (hereinafter \u201dCommission\u201d). Commission amounts are agreed separately between the Company and the Merchant, and the Company reserves the right to change the commission from time to time.<\/p>\n\n\n\n<p>The Customer pays the price of the Product to the Company and the Company forwards the payment made by the Customer to the Merchant minus the Commission charged by the Company. The Company forwards the proceeds to the Merchant on monthly basis, usually in the second week of every month, so the proceeds are forwarded from the sale of Products within 45 days after the Purchase.<\/p>\n\n\n\n<p>Possible additional settlements are made on a case-by-case basis. A separate service fee may be charged for additional settlements.<\/p>\n\n\n\n<p>The Company has the right to invoice its fees and service fees from the Merchant retrospectively if the Company has a right to certain fees.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">7. Returns and reclamation<\/h3>\n\n\n\n<p>The Merchant is solely responsible for all cancellations and reclamations related to Products.<\/p>\n\n\n\n<p>The Customer shall primarily contact the Merchant in relation to complaints, cancellations and reclamations related to Products. The Customer may however also request that the Company informs the Merchant of the Customer\u2019s request. In these situations, the Company shall provide the Merchant with the following information: the Customer\u2019s name, email, the Product subject to the cancellation and reason for the cancellation. It is stated for the sake of clarity that also in these situations the Merchant is solely responsible for all cancellations and reclamations related to Products.<\/p>\n\n\n\n<p>If the purchase of a Product may be canceled or the Product is defective and the Merchant is unable to provide a replacement, the Merchant shall pay a refund for the price of the Product to the Customer within 14 days from the day the Merchant received knowledge of the Customer\u2019s matter.<\/p>\n\n\n\n<p>The Merchant warrants that it will comply with all applicable laws and good business practices in relation to any and all returns and\/or reclamations of Products.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">8. Rights and responsibilities of the Company<\/h3>\n\n\n\n<p>The Company operates only and solely as the administrator of the Service. The Company is not responsible for the availability, redemption, marketing or any related obligations of the Products or liabilities, errors, reliability, damages or any other matters related to the Products. The Company is also not responsible for the use, obstruction or content of the Products, nor for the Merchants or Customers of the Service, or for the activities of Merchants or Customers in the Service.<\/p>\n\n\n\n<p>Company undertakes to perform the tasks for which it is responsible in conformity with the Agreement, with due care and with the professional skills reasonably expected from an experienced service provider.<\/p>\n\n\n\n<p>Under no circumstances shall the Company be liable for accidents, damages or crimes related to the Service. Under no circumstances shall the Company be liable for any indirect damages in any manner in connection with the Service or the use, information and notices available through the Service. The Company is also not liable for any damages or other disadvantages that may be caused to the User or third parties by incorrect or insufficient user information.<\/p>\n\n\n\n<p>The Company is not responsible for any losses arising from the use of the Service. Users agree to be solely responsible for any failure to comply with their obligations under this Agreement and for their consequences.<\/p>\n\n\n\n<p>You understand and acknowledge that we will not be liable for any network-related problems attributable to the operation of the Services and that network configuration changes may affect the system\u2019s performance. You are liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Service and\/or third parties.<\/p>\n\n\n\n<p>The Company does not express or imply warranties or representations about the operation of features of the Service, and the Company does not promise that the Service will function without interruptions or errors. The Company is not responsible for any damages to the User or third parties caused by the use, malfunctions, technical defects or malicious software of the Service or third-party links or any other such causes.<\/p>\n\n\n\n<p>The Company has a right to disable the Service or a part of it due to maintenance, installation, modification, public order and safety, system overload or other similar cause.<\/p>\n\n\n\n<p>The Company is not responsible for the content of the Service or its correctness, except for the content generated by the Company. Thus, the Company is not responsible for e.g. information the Users or the Merchants disclose through the Service.<\/p>\n\n\n\n<p>The Company has the right to remove material (i) that has been denied or reported to or by the Company in the Service, or (ii) which, according to the Company is unlawful, contrary to good practice or this Agreement, inappropriate or erroneous, or (iii) harmful to the Company, Merchants or third parties. The Company also has the right to remove material from the Service if the material contains any legally questionable or offensive information, infringe or breach any third party&#8217;s intellectual property rights or content that is inappropriate for the Company\u2019s brand.<\/p>\n\n\n\n<p>The Company has the right to use the co-operation between the Merchant and the Company in its own marketing and as a reference, in accordance with good business practice.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">9. Data processing agreement, DPA<\/h3>\n\n\n\n<p>The Company processes the personal data provided by the Merchant on behalf of the Merchant. This means from the perspective of the General Data Protection Regulation of the EU (679\/2016) (hereinafter \u201dGDPR\u201d) that the Company acts as a processor for that data, whereas the Merchant is the controller for that data.<\/p>\n\n\n\n<p>Thus, the parties must conclude a data processing agreement (hereinafter \u201dDPA\u201d) in accordance with Article 28 of the GDPR. This Section contains the DPA between the parties, and both parties must comply with its provisions as a controller and a processor.<\/p>\n\n\n\n<p>Section of the DPAExplanation<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.1 Subject-matter and duration of the processing<\/h4>\n\n\n\n<p>Regular personal data are processed so that the Agreement can be fulfilled. Personal data is processed for the duration the Agreement is valid between the Company and the Merchant.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.2 Nature and purpose of processing<\/h4>\n\n\n\n<p>The processing of personal data is a part of the normal business process. The processor processes the personal data for the purposes of the fulfillment of the Agreement.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.3 Type of Personal Data and categories of data subjects<\/h4>\n\n\n\n<p>Types of personal data include contact information and other information relevant to the implementation of the Agreement, which the controller provides to the processor. Categories of data subjects consist of the Merchants\u2019 contact persons, persons in the Merchant\u2019s members register and data provided to Cluby through technical integrations.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.4 Obligations and rights of the Controller<\/h4>\n\n\n\n<p>The controller may, if necessary, provide the processor with binding written instructions regarding this DPA.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.5 Documented instructions of the Controller<\/h4>\n\n\n\n<p>The processor: i) is not allowed to process the personal data for any other purposes than what the parties have specifically agreed on; ii) has an obligation to follow all applicable data protection laws; iii) ensures that only authorized persons gain access to personal data; and iv) ensures that all persons processing personal data are under an obligation of secrecy. The processor is granted a general permission to hand over, transfer or in any similar way process personal data outside the EU\/EEA. Upon such processing, the Processor has an obligation to follow all applicable data protection laws, the instructions of the controller and the Agreement (including this DPA). If any of the prerequisites of the approval seize to exist, the processor has an obligation to immediately: (a) perform an action that ensures the lawful processing of the personal data and that the processing is conducted according to the instructions given by the controller and the Agreement; or (b) seize the transfer of personal data outside the EU\/EEA and return the personal data transferred outside the EU\/EEA to Finland.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.6 Confidentiality<\/h4>\n\n\n\n<p>The processor is under an appropriate statutory obligation of confidentiality when it processes personal data.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.7 Data security<\/h4>\n\n\n\n<p>The processor shall ensure that appropriate technical and organizational data protection measures are taken to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to personal data. Each party is responsible for ensuring that the documented relevant risk management and security processes are applied to the processing of personal data. Such measures may include (i) encryption, anonymization or pseudonymization of personal data, (ii) adequate protection of systems and communications, (iii) organization of ongoing confidentiality, integrity, availability and fault tolerance of processing systems and services and (iv) the ability to recover data quickly and to access data in the event of a physical or technical failure. The processor shall notify the controller of any data breaches immediately. In addition, the processor shall, without delay and within 48 hours of the occurrence or threat of the violation, provide the controller with the information necessary to fulfill the statutory obligations of the controller, to investigate the matter, to prevent similar violations and to make statutory declarations, including a description of the data breach and the consequences of the breach, and a description of the actions taken by the processor. The processor shall complete this information at the request of the controller and in accordance with the instructions.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.8 Subprocessors<\/h4>\n\n\n\n<p>The processor has a right to use other processors (e.g. cloud services providers) (hereinafter \u201dSubprocessor\u201d) to process personal data. Subprocessors shall be under the same obligations as the processor.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.9 Obligation of the Processor to assist the Controller<\/h4>\n\n\n\n<p>The processor has an obligation to assist the controller: (i) by appropriate measures, insofar as this is possible, in regard to the fulfillment of the data subjects\u2019 rights; and (ii) in ensuring compliance with the obligations pursuant to the Articles 32 to 36 of the GDPR.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.10 Deletion or return of Personal Data<\/h4>\n\n\n\n<p>After the Agreement is no longer in force between the processor and the controller, the processor and its subcontractors shall return, at their own expense and without delay, the personal data to the controller. If the return of personal data is not possible, then the parties must agree on the destruction of the material in a separate agreement.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">9.11 Controller\u2019s compliance<\/h4>\n\n\n\n<p>At the written request of the controller, the processor shall make available to the controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR, and the processor authorizes and participates in audits performed by the controller or another auditor authorized by the controller.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">10. Use Restrictions<\/h3>\n\n\n\n<p>Your right to use the Service is personal, limited to your business purposes, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms at all times, including your timely payment of all applicable fees for the Services.<\/p>\n\n\n\n<p>Without limiting the generality of the foregoing, you may not:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;<\/li>\n\n\n\n<li>bypass or circumvent measures employed to prevent or limit access to the Service or certain features of the Service;<\/li>\n\n\n\n<li>take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;<\/li>\n\n\n\n<li>\u201cframe\u201d, \u201cmirror,\u201d or otherwise incorporate any part of the Service into any other website without our prior written authorization;<\/li>\n\n\n\n<li>violate any applicable local, provincial, national, or international law or regulation;<\/li>\n<\/ul>\n\n\n\n<p>or<\/p>\n\n\n\n<p>We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">11. User Content<\/h3>\n\n\n\n<p>The Service may provide Users and partners various opportunities to submit files, such as images, photographs, video, and other content or material. If you contribute any user content (\u201cUser Content\u201d), you will not upload, post, or otherwise make available on the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Company does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the use rights, licenses and grants in these Terms. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.<\/p>\n\n\n\n<p>Company shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms and any operating rules established by Company, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Company shall have the right to remove any material from the Service or any other Company controlled sites, in its sole discretion. Company assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Company has no obligation to use User Content and may not use it at all.<\/p>\n\n\n\n<p>In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Company makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">11.1. Public Nature of Your User Content.<\/h4>\n\n\n\n<p>You understand and agree that User Content is public. Any person (whether or not a user of Company\u2019s services) may read your User Content without your knowledge. Please do not include any personal information in your User Content unless you wish for it to be publicly disclosed. Company is not responsible for the use or disclosure of any personal information that you disclose in connection with User Content.<\/p>\n\n\n\n<p>Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Company. Other users may post User Content that is inaccurate, misleading, or deceptive. Company does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of the Company. Company does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">11.2. License Grants.<\/h4>\n\n\n\n<p>Some User Content you submit to Service may be displayed or may give you the option to display in connection with your business or personal information, or a portion of your personal information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location.<\/p>\n\n\n\n<p>As between you and Company, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Service, you grant Company a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any &#8220;moral rights&#8221; or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Company\u2019s license in any User Content or personal information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.<\/p>\n\n\n\n<p>As detailed in above, contributing User Content or other information on or through the Service, is limited to individuals who are over the age of majority in the country, state or province in which they reside. The Service is designed and intended for adults. By contributing User Content or other content to the Service, you affirm that you are over the age of majority in the country, the state or province in which you reside. We may promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">12. Intellectual Property and Trademarks<\/h3>\n\n\n\n<p>We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service, and any services available in connection with the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All copying, distribution or other use of the Service or any third-party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders.<\/p>\n\n\n\n<p>Cluby, Cluby logos, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">13. Availability and Disclaimer of Warranties<\/h3>\n\n\n\n<p>Your use of the Service is at your sole risk. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding the Company that is not expressly stated in these Terms.<\/p>\n\n\n\n<p>EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED BY COMPANY HEREUNDER, THE SERVICE IS PROVIDED \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE SERVICES (A) WILL MEET CUSTOMER\u2019S REQUIREMENTS; OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, FULLY SECURE, OR ERROR-FREE BASIS.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">14. Term, Cancellation and Termination<\/h3>\n\n\n\n<p>The term of the Paid Services enter into force when on the agreed date. If the Service is provided to you free of charge, the term of the Service enters into force upon your account registration.<\/p>\n\n\n\n<p>If your subscription is automatically renewable, your subscription to the Service will remain in effect and will be renewed automatically at the end of each subscription period unless you terminate your subscription, or we terminate it. If your subscription is made for a fixed period and\/or not automatically renewable, your subscription will automatically terminate at the end of the agreed subscription period. Separate written order forms or contracts for the Service may have special adherence terms regarding renewal and defined advance notice periods for termination. Upon the termination or expiration of your subscription, you must immediately stop using the Service and must destroy any copies of the same in your possession.<\/p>\n\n\n\n<p>You are free to cancel your Cluby Paid Services subscription any time. Notice that no refunds are provided, you can use the product until the end of the then-current billing period.<\/p>\n\n\n\n<p>We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">15. Data from third party services<\/h3>\n\n\n\n<p>Company has no control over, and assumes no responsibility for, the content, information, privacy policies, or practices of any third party services (including the Merchants\u2019) sites or services from where data is integrated to Service.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">16. Links To Other Sites and Services<\/h3>\n\n\n\n<p>Our Service may contain links to third-party sites that are not owned or controlled by the Company. Company has no control over, and assumes no responsibility for, the content, information, privacy policies, or practices of any such third party (including the Merchants\u2019) sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">17. Privacy Notice and Processing of Data<\/h3>\n\n\n\n<p>We may process personal data as both 1) data controller; and 2) data processor.<\/p>\n\n\n\n<p>As a data controller, we may process personal data about you when you sign up for the Service or when you otherwise provide personal information to us in the context of these Terms. Our collection and use of this information, which we process as the data controller, is described in the Privacy Notice, available at https:\/\/cluby.com\/en\/privacypolicy.<\/p>\n\n\n\n<p>As a data processor, we may process such personal data which you have provided to us (including collected or generated through the use of the Service) for the purpose of providing the Service. If we do, this processing of personal data is governed by a Data Processing Agreement (\u201cDPA\u201d) between you and us. Please refer to the Section 9 above.<\/p>\n\n\n\n<p>By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">18. Customer Data<\/h3>\n\n\n\n<p>You, your subsidiaries, affiliates and customers retain all rights pertaining to all data, personal data or other information that you, or another party on your behalf, provides to us for the purpose of providing the Service (\u201cCustomer Data\u201d). For the avoidance of doubt, Customer Data is considered Confidential Information.<\/p>\n\n\n\n<p>We have the right to anonymize Customer Data including data disclosed, used or developed by you in connection with your use of the Service and use such data to compile statistics and to monitor and improve our Services.<\/p>\n\n\n\n<p>You will defend, indemnify and hold harmless Company, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys\u2019 fees) arising out of any claims or actions by any third party that relates to an actual or alleged infringement of a third party\u2019s intellectual property rights by the Customer Data.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">19. Feedback<\/h3>\n\n\n\n<p>Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding Customer Data and other material that you post on the Service in accordance with these Terms) (collectively \u201cFeedback\u201d), are non-confidential and you hereby grant to us and our subcontractors and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">20. Limitation of Liability<\/h3>\n\n\n\n<p>NEITHER COMPANY OY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY OR ANY SUPPLIER OR LICENSOR OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT. COMPANY\u2019S MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE IN RELATION TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED EUROS (100 EUR).<\/p>\n\n\n\n<p>ANY LIMITATIONS OF LIABILITY UNDER THIS SECTION 14 SHALL NOT APPLY IN THE EVENT OF DEATH, PERSONAL INJURY, FRAUD OR FRAUDULENT MISREPRESENTATION OR IN THE EVENT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.<\/p>\n\n\n\n<p>Some jurisdictions may not allow (some) limitations of liability. In such case some limitations may not apply to you.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">21. Governing Law and Dispute Resolution<\/h3>\n\n\n\n<p>This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Finland, without giving effect to any principles of conflicts of law. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland. The number of arbitrators shall be one. The language of the arbitration shall be English.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">22. Changes to These Terms<\/h3>\n\n\n\n<p>We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated terms to https:\/\/www.cluby.com\/en\/partners\/terms. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.<\/p>\n\n\n\n<p>Please review these Terms periodically for changes. If you do not agree to any of these Terms or any changes to these Terms, do not use, access or continue to access the Service or discontinue any use of the Service immediately.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">23. Other Terms<\/h3>\n\n\n\n<p>Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances.<\/p>\n\n\n\n<p>Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect.<\/p>\n\n\n\n<p>The section headings and titles in these Terms are for convenience only and have no legal or contractual effect.<\/p>\n\n\n\n<p>Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">24. Contact Us<\/h3>\n\n\n\n<p>If you have any questions about these Terms, please contact us at info@cluby.com.<\/p>\n<\/div><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Cluby Merchant Terms and Conditions These Terms and Conditions were last updated on 12th of February, 2024. Welcome to use the services offered by Cluby Oy. 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