Terms of Service
Date of the latest revision: 25 November 2020.
Welcome to Ever Lasting Tips (the “Platform”), the online web site and online service of [Ever Lasting Tips Oy], a Finnish limited liability company with business ID and having its registered office and principle place of business at Ever Lasting Tips Oy PL 8 01601 Vantaa, Finland (“Ever Lasting Tips”, “we” or “us”).
These Terms of Service govern the use of our online services, web site, and software provided on or in connection with the service (collectively the “Service“). Further, these Terms of Service govern the relationship between you and all visitors, users, and others who access the Service (“Users“) and Ever Lasting Tips. Users may be natural persons or legal entities.
If you are a consumer domiciled in the European Economic Area, all mandatory statutory consumer protection laws and regulations applicable in the country of the consumers’ residence apply, to the extent that those laws and regulations provide a more extensive protection than the protection set out in these Terms of Service.
1. Acceptance of the terms of service
Minors are not allowed to use the Service. You affirm that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if that is higher than eighteen (18) years of age. You affirm that you have the right, power, capacity and authority to lawfully enter into this Agreement.
We may make changes to these Terms of Service from time to time. When we do, we will revise the “date of the latest revision” given above. It is your responsibility to review these Terms of Service frequently and to remain informed of any changes to them. The then-current version of these Terms of Service will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published will constitute your acceptance of such revised Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Ever Lasting Tips, through the Platform, provides means for Brazilian and multicultural families, mainly women and children, to improve their quality of life. Independent professionals in the field of well-being and personal development (“Consultant”) may promote and offer their own services on and through the Platform. Users can contact Consultants and purchase their services through the tools offered by the Platform.
If an agreement of purchasing services (or other agreement) is made between the Consultant and User on or through the Platform, it is always exclusively between the Consultant and User. Ever Lasting Tips does not become party to any agreement concluded between Consultants and Users.
3. Registration, User Account and membership
To use our Services, you must first register with us by creating a user account (“User Account” or “account“). An account will only be issued once you have provided all necessary information required for by us for registration. All the information that we request you to provide in connection with the registration must be true, accurate and complete. If we believe that the information is not true, accurate or complete, we have the right to refuse your access to our Services, and to deny or terminate your account.
Creating an account is free of charges. However, you should notice that if you buy services from Consultants, you are liable for paying the fees of such services to the Consultants in accordance with the agreement formed between you and the Consultant from time to time.
You may upgrade your account to a membership at any time. The cost of membership is 40 € / year or 5€ per month. The user creates an account to book our services and in case the user wants to upgrade to the membership, a fee of 40€ annually or 5€ monthly will be charged and with it the user will have access to all exclusive contents and monthly discounts. The membership is an annual fixed-term contract, which is continued automatically for the next year unless you terminate the membership before the end of the fixed term. Termination of membership is done by sending us an email with the title “Termination of membership” to [email protected]. The email must include your full name and email address. After you have made the termination request, the membership will terminate at the end of the fixed term. The annual membership fee is non-refundable. By purchasing the membership you give your consent to the membership being delivered to you immediately and hence you give up your rights to cancel the membership (see the Finnish Consumer Protection Act (38/1978) chapter 6 section 16 for reference).
You may not use the Services or create an account or a membership on behalf of someone other than yourself. You are not allowed to make available your account or membership or any detail necessary to access your account or membership to anyone other than yourself. [You are responsible for maintaining adequate security and control of your username, password, authentication code or any other code or credential that you use to access the Services.]
You have the right to delete your account and to terminate this Agreement at any time. You are responsible for all the obligations which have arisen up until the termination. Notwithstanding the above, please note that while a notice of termination for a membership can be issued at any time, the membership will only terminate at the end of the fixed term and the annual membership fee is non-refundable, as described above.
If you wish to use our Services as a legal entity you are required to register an account or a membership in the name of that entity (“company account“). When creating a company account or membership, you confirm that you are duly authorized and have the legal capacity to execute this Agreement and that this Agreement is legally binding on such entity.
4. Use of the platform
Users can contact Consultants and purchase their services through the tools offered on the Platform. Purchase of services from Consultants is done by booking a time from the booking calendar on the Platform for their classes, consultation or similar online service offered by the Consultant through the Platform (“Class”). When you have booked a Class from a Consultant, you should notice that you make a legally binding agreement with the Consultant and agree to be bound by the terms and conditions of that agreement (such as paying the price of the Class to the Consultant), as determined between you and the Consultant. Cancellation and potential refund of booked Classes are subject to our Cancellation Policy available on our web site and as potentially updated from time to time, which is incorporated here by reference.
All communication between the Consultant and the User shall take place through the Platform. The User shall only use the tools, technical solutions and payment methods offered by the Platform from time to time in contacting the Consultants and purchasing their Classes. Ever Lasting Tips is not party to the communication conducted between the User and the Consultant on the Platform. Ever Lasting Tips does not have access to the communication between the User and the Consultant.
Ever Lasting Tips is not liable for the Classes offered or any other content provided or service offered by the Consultants on or through the Platform or otherwise. The Consultants are responsible for all content that they post to the Platform. The Consultants are solely responsible for determining the details of performing their Classes. The Users are independently responsible to have an internet connection efficient enough to participate to Classes.
Ever Lasting Tips is not liable towards the Users for any interruptions or cancellations of Classes due to technical interruptions or other reasons.
Ever Lasting Tips does not assess or evaluate the professional capability, qualifications, registration, authorisation, credentials or expertise of the Consultants. You should notice that Consultants who offer Classes related to well-being and/or personal development are not registered in Finland and hence are not allowed nor able to offer official health care services or act as authorised health care professionals in Finland. Any claims made on the Platform concerning the professional capability, qualifications, registration, authorisation, credentials or expertise of the Consultants are made exclusively by the Consultants and any complaint concerning them shall be directed to the Consultant and/or to a competent authority, if such competent authority is named by the Consultant.
Any complaints concerning the Platform, e.g. account creation, memberships and technical matters shall be handled by Ever Lasting Tips and directed to the email address [email protected] Any complaints concerning the Classes (such as the content of the Classes) shall be directed to the Consultant and/or to a competent authority, if such competent authority is named by the Consultant, and shall be processed according to the agreement made between you and the Consultant. Ever Lasting Tips welcomes feedback concerning Consultants and the Classes offered by them but does not act as a middle-man or as a dispute or complaints resolution party in the agreement made between you and the Consultant.
You shall not post any content or use the Services, Platform or Classes to post or express content which infringes or misappropriates any third party’s intellectual property rights, are inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, libelous or illegal content or information. Further, you shall not post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) to or through the Platform.
Ever Lasting Tips has a right to modify and remove any content provided by you if it deems the content to be in breach of this Agreement.
5. Assignment and transfer
Ever Lasting Tips may at any time assign or transfer any of its rights and obligations under this Agreement to any other person. The User may not assign or transfer its rights or obligations under this Agreement to any other person.
6. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be construed in accordance with and governed by the laws of Finland, without regard to their choice-of-law provisions.
Without limitation to any statutory rights for consumers under applicable consumer protection laws, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled in the courts of Finland, the District Court of Helsinki acting as the court of first instance.
Notwithstanding the foregoing, if you are a consumer, you may also file a complaint regarding the terms of this Agreement with the Consumer Complaints Board in Finland (https://www.kuluttajariita.fi). Before doing so, you must first contact the Consumer Advisory Services in Finland (https://www.kkv.fi/kuluttajaneuvonta).
By clicking the “REGISTER” button, you agree that your use of the Services and the Platform are governed by the terms and conditions of this Agreement, all of which you agree to be bound by and comply with. Further, by clicking the “REGISTER” button below, you acknowledge and agree that you have been able to access and view this Agreement and any ancillary documents and understand that all rights and obligations with respect to your use of the Services and the Platform are set forth in this Agreement and any ancillary documents that may be provided to you in either paper or electronic form. It is recommended that you print a copy of this Agreement and any documents linked to this page or that may be provided to you for your records.