Terms of use of the Mobile Service and Storage Service
1. General
1.1. Kaskea Group Oy (business ID 0184451-2) (‘Knoxy’) provides a mobile application (‘Mobile Service’) that allows you to find and use secure bicycle storage lockers (‘Storage Service’). These terms of use (‘Terms’) concern the use of the Mobile Service and the Storage Service (collectively ‘Service’ or ‘Services’). Use of the Services requires compliance with these Terms.
1.2. User refers to a person who has downloaded the Mobile Service and uses the Storage Service. Secure bicycle storage lockers are available at sites of various operators that have concluded an agreement concerning the provision of bicycle storage lockers with Knoxy (‘Provider of the Storage Service’). The Provider of the Storage Service is responsible for the Storage Service, and the agreement on the use of the Storage Service is concluded between the Provider of the Storage Service and the User in question in each case, with the User paying for the use of the Storage Service. The Storage Service can only be used through the Mobile Service. Knoxy is responsible for the operation of the Mobile Service.
1.3. In conjunction with the use of the Service, Knoxy collects personal data about you in order to provide the Service. Further information about personal data processing and the cookies and other identifiers we use is available in our privacy statement, which you can find here: https://www.knoxy.fi/tietosuojaseloste/. Knoxy processes your personal data and cookies in accordance with current legislation and the privacy statement.
1.4. You can allow the Mobile Application to use your location data and offer location-based services based on this data. The application only uses positioning to verify your location on a map. Your location data is neither recorded nor transmitted to any third parties.
2. Creating a user account in the Mobile Service
2.1. Use of the Services requires you to install the application and register a user account. You must be aged 18 or over in order to register and use the Services. Persons under the age of 18 may register and use the Services only with permission from and under the supervision of their guardian.
2.2. Please follow the instructions provided during registration. When registering, you must provide the required information that allows you to be identified, which is used by Knoxy in order to provide the Service. You are responsible for making sure that the information you provide is correct, accurate and up to date.
2.3. User accounts are personal, and you are not allowed to hand over your account or login information to anyone else. You are personally responsible for any use of the Services that takes place with your user account. You also undertake to keep the passwords and IDs required for logging in secure and to make sure not to disclose the passwords or IDs to third parties. You must ensure the security of the email address linked to your ID and notify Knoxy without delay of any infringements that come to your attention. You must notify Knoxy without delay if you suspect or notice that someone else has unlawfully gained possession of your user account.
2.4. If Knoxy has justified grounds to suspect abuse of IDs or the Services, it may restrict the use of the IDs or access to the Services for the duration of the investigation into the matter. You are obligated to contribute to the investigation into suspected abuse. You are personally liable for any costs and damage caused by abuse.
2.5. Knoxy may terminate or delete your user account or restrict your access to the Services if it is revealed that you have violated the Terms.
2.6. If you no longer wish to use the Services, you can delete your account at any time, thus ending your use of the Services. After deleting your user account, you will no longer have access to the Services. Of course, you can recreate your user account.
2.7. If your user account is deleted for any reason, none of the tokens, points, other vouchers or coupons, or other commodities that may have accumulated in your user account will be reimbursed.
3. Use of the Mobile Service
3.1. You undertake to use the Mobile Service in accordance with fair practice and these Terms only for the intended purpose of the Mobile Service and Storage Service. Use of the Service in violation of these Terms or for unlawful or inappropriate purposes is prohibited. Furthermore, the Service may not be used in any way that would cause disruption or damage to the Mobile Service, Storage Service, Knoxy, Providers of the Storage Service, or third parties.
3.2. Use of the Mobile Service requires a working mobile device, a mobile phone subscription and a suitable data plan. You are aware that the application uses data transmission and are personally responsible for the related costs. If no suitable network connection is available, the application may not necessarily work at all or may only work partly.
3.3. You undertake to only provide correct and accurate information in the Mobile Service and to update any changed information without delay as needed.
3.4. You use the Mobile Service at your own risk and are responsible for the procurement, use, protection and data security of the devices, applications and network connections necessary for its use.
3.5. If necessary, Knoxy can provide more detailed instructions on the use of the Mobile Service.
3.6. You are liable to compensate Knoxy within the limits permitted by mandatory legislation for any damage caused to Knoxy from the use of the Mobile Service in violation of these Terms or the law.
4. Availability of the Mobile Service
4.1. Knoxy seeks to keep the Mobile Application available to the User continuously and without disruption. However, Knoxy does not guarantee that the Mobile Application will be available to the User without interruption, in a timely manner or without error. The Mobile Application and the information presented through it are delivered as they are. Knoxy is not responsible for the timeliness, correctness or reliability of the information or content transmitted via the Mobile Application or any errors, deficiencies, inaccuracies or other faults.
4.2. Knoxy reserves the right to, at its own discretion, develop, change, delete or fix the Mobile Service, including these terms of use and the Mobile Service’s properties, applications and background systems, in order to develop the Mobile Service. The Mobile Service may also be unavailable for the duration of maintenance downtime and at other times for reasons such as overloading.
4.3. We may also change the Mobile Service or interrupt provision of the Mobile Service or a part thereof immediately on account of reasons arising from the law; official regulations; prevention of data security threats; maintenance, alteration or installation measures related to the public communications network; material changes to the circumstances; or other comparable legitimate reasons.
4.4. Knoxy has the right to cease provision of the Mobile Services at any time, at which point your user account will be deleted.
5. Payment terms of the Storage Service
5.1. The payment options related to the use of the Storage Service and the prices valid at any given time are available in the Mobile Service.
5.2. By enabling payments in the Mobile Service, Knoxy acts with a mandate from and on behalf of the Provider of the Storage Service. With a mandate from the Provider of the Storage Service, Knoxy may approve payments of the User on behalf of the Provider of the Storage Service and transmit the payments to the Provider of the Storage Service.
5.3. You are responsible for ensuring that your selected payment option has sufficient funds available. Your payment obligation arises when you place an order in the Mobile Service.
5.3. Any communications concerning fees and payment must be taken care of by email: help@knoxy.fi. Knoxy seeks to reply to messages as quickly as possible.
5.4. The terms of the payment service provided by a third party are available in the Mobile Service or on the third party’s website.
5.5. Knoxy is not responsible for any fees arising from third parties, such as expenses related to a mobile subscription or network use or banking costs. Such parties may charge a fee when you pay in the Mobile Service.
6. Rights and restrictions on use
6.1. The Service and the related background systems, software and materials are protected by intellectual property rights (incl. copyrights), which belong to Knoxy, Knoxy’s licensors or other cooperation partners. Knoxy is not responsible for the intellectual property rights to materials produced by a third party or any claims related to such rights.
6.2. It is prohibited to copy, edit, use, display, transfer, resell or otherwise take advantage of the materials contained in the Service, or the software, systems, components or other similar parts related to the implementation of the Service, for commercial purposes or in ways that violate the rights of Knoxy or other parties. This prohibition covers attempts to copy, extract or reverse engineer a software’s source code, making derivative works of the software, and other use of the Service that would violate the rights of Knoxy or third parties or be in breach of the law.
6.3. You receive a limited right to use the Mobile Service in accordance with these Terms. This limited right cannot be transferred, and it does not restrict Knoxy’s right to provide the Mobile Service to other parties. The limited right ends if your user account is deleted for any reason.
7. Use of the Storage Service and responsibilities
7.1. As a User, you undertake to use the Storage Service only for storing bicycles in accordance with the purpose of the Storage Service and the instructions provided in each case. The User is liable for damage and losses caused by improper use of the Storage Service and bicycle storage lockers or their use contrary to the instructions and their purpose of use.
7.2. The Provider of the Storage Service is responsible for the functionality and provision of the Storage Service to the User. The agreement on the use of the Storage Service is established between the Provider of the Storage Service and the User based on payments made by the User in the Mobile Service.
7.3. In the event of errors or issues related to the use of the Storage Service, the User must contact the Provider of the Storage Service.
7.4. For the sake of clarity, Knoxy is not liable for any damage or losses resulting from the use of the Storage Service, such as stolen or damaged bicycles.
8. Changes to the Terms
8.1. Knoxy has the right to change these Terms at any time. Knoxy will provide information about such changes within a reasonable time in advance. Changes enter into effect on the specified date. Please note that you always have the right to stop using the Services and delete your user account if you wish.
8.2. If a change in the Terms is due to a law, decree or official regulations, such a change enters into effect without separate notice when the law, decree or official regulation enters into effect.
8.3. By continuing to use the Services, you accept the changed Terms.
9. Applicable law and dispute resolution
9.1. These Terms are governed by Finnish law.
9.2. Any disputes related to the Services and these Terms are primarily resolved by means of negotiation. In the event that the dispute cannot be resolved through negotiations, the matter will be resolved by the District Court of South Ostrobothnia. However, consumers always have the right to bring proceedings before the district court of their home municipality or permanent place of residence.
9.3. Furthermore, consumers may contact the Consumer Advisory Services (https://www.kkv.fi/en/consumer-affairs/consumer-advisory-services/) and they have the right to request a resolution recommendation from the Consumer Disputes Board (https://www.kuluttajariita.fi/en/).
9.4. If you wish, you can also submit the matter to the Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show).
10. Good practices
10.1. Knoxy undertakes to improve the quality of the services and may ask users to fill in the feedback form in the Mobile Service.
11. Contact information
11.1. Any questions must be sent to our support team by emailing help@knoxy.fi or calling our helpline on +358 (0)10 830 8550 (Mon–Fri 8:00–16:00). Knoxy’s address is Opastie 10, 62375 Ylihärmä.