These terms of use are applicable to the use of ADR-Advisor web application. Using the Application is subject to compliance with these terms of use. Please read this document carefully as it contains the terms and conditions that you agree to be bound by when using the Application. By registering to and using the Application you agree to be bound by these terms of use. If you do not accept these terms of use, you must stop using the Application immediately.
In these ADR-Advisor web application terms of use the following capitalized terms shall have the following respective meanings, except as otherwise expressly provided herein or unless the context otherwise requires:
Agreement shall mean an agreement between the Customer and Drive-Apps regarding the use of the Application, on which the User's and End User's right to use the Application is based, when the Customer purchases the right to use the Application through the Website. The Agreement consists of the Customer's order and these terms of use.
Application shall mean ADR-Advisor web application produced and owned by Drive-Apps, which is intended as a tool for transporting dangerous goods.
Customer shall mean an organization or a person, who enters into an Agreement with Drive-Apps for the use of the Application and who obtains a right to use the Application for themselves and the members of their organization.
Drive-Apps shall mean Suomen Kuljetusturva Oy (business ID 2318753–3).
End User shall mean a person within the Customer’s organization using the Application and, in the case of a private person, an individual, to whom Drive-Apps grants access to the Application against a separately agreed fee.
User (also referred to as "you") shall mean any person, to whom Drive-Apps grants a right to use the Application as and to the extent described in these terms of use, and the right to grant and administer End Users’ access to the Application. The User also means the Customer and/or the End User, as the context requires.
The User is responsible for acquiring the technical operating environment required for the use of the Application on its own cost. The User is responsible for its telecommunications and other similar costs. The User is responsible for all use of the Application using the Users' usernames. The User is obligated to pay the fees under the Agreement for the use of the Application.
The User is responsible for the lawfulness of the content they enter and its processing, including compliance with legislation on the protection of personal data and data protection. The User is responsible for and warrants that (i) the User will use the Application only for the purposes and to the extent permitted by law and the Agreement; (ii) the User will not disclose material in violation of data protection regulations to third parties; and (iii) the User undertakes to indemnify Drive-Apps for any damage resulting from any breach of this section 3.
The User is also responsible for complying with applicable laws and official regulations and guidelines, including reporting obligations, and for storing in its own systems the data generated when using the Application (such as transported goods, location of loading and unloading) to the extent needed at any given time.
Different versions of the Application may have different data retention time, as further described in applicable service description, but in each case the User is liable for storing all necessary data in its own systems. The User is also responsible for ensuring that before termination of the Agreement the User has stored all needed data to its own systems. Term of the Agreement is further described in Section 9.5.
If the User uses data of the Application in tracking of transport and reporting, for example reporting annual information, the User is solely responsible for accuracy of the data. Drive-Apps shall in no event be held responsible for any accuracy of the transport data. The User’s liability for transporting dangerous goods is further described in Section 9.3.
All new Users of the Application register with the Application and create login credentials, i.e. username and password. The Application is deemed to have been delivered when the User has registered and received the usernames for the Application. The User’s username and password are personal and may not be disclosed to a third party. The User is obliged to take care of the careful storage of their usernames and passwords and is responsible for all use of the Application using the Users' usernames and passwords. If the username and password are lost or are taken over by a third party, the User must immediately notify the contact person of the Customer or Drive-Apps to avoid damages. If the User's username is used in violation of these terms of use, the User shall be liable for any damage caused to Drive-Apps.
5.1 Intellectual Property Rights of the Application
The content and structure of the Application is protected in accordance with the copyright law, other legislation and international treaties. All rights, including copyright and intellectual property rights, to the Application and its contents and any subsequent changes thereto shall belong solely to Drive-Apps or other parties providing information to the Application and the User is granted only a limited right of use in accordance with these terms of use. Copying, modifying, adapting, distributing, publishing, selling, licensing or transferring the Application, even in part, to third parties is strictly prohibited.
5.2 Right to use
Subject to the terms and restrictions agreed in these terms of use, Drive-Apps grants the User a limited, non-exclusive and non-transferable right to use the Application only for the purpose set out in these terms of use. The Application runs on the most common operating systems and web browsers. The User is responsible for the compatibility of their devices with the Application and for having an adequate internet connection for the proper functioning of the Application.
The User is not entitled to transfer their rights or obligations without Drive-Apps’ prior written consent. Any transfer without consent is null and void.
The User and/or the Customer are liable to Drive-Apps and to third parties for any abuse and for any actions they take in violation of law or the Agreement.
Drive-Apps has the right to immediately block the User's access to the Application if the Application is used in violation of the law, official regulations, good practice or these terms of use.
TThe obligation of Drive-Apps to maintain the Application and the liability of Drive-Apps for functionality and availability of the Application shall be fully and exhaustively determined in accordance with this section.
6.1 General, downtimes
Drive-Apps shall not be liable for errors caused by any actions of third parties, such as disruptions or interruptions in telecommunications or the actions of the User, information entered into the Application by the User, or the use of the User or a third party. Drive-Apps has the right to make changes to the technical implementation of the Application. In accordance with Drive-Apps’ general practice, the operation of the Application is regularly checked to prevent data breaches, harmful software and other malfunctions. Drive-Apps has the right to suspend the provision of the Application during maintenance, modification, repair, and installation work. Drive-Apps endeavours to carry out these breaks on weekends and evenings, with minimal inconvenience caused by downtime. Drive-Apps announces planned downtimes as early as possible in advance. Drive-Apps is under no obligation to provide updates to any third-party software.
6.2 Error
Drive-Apps does not give any warranty to the Application other than as stated in these terms of use, and the Application is provided as is.
Drive-Apps strives for maximum continuous and undisturbed usability but does not guarantee the complete accuracy of the Application or its parts, nor its undisturbed operation or usability. Unless otherwise required by mandatory legislation, Drive-Apps shall not be liable to the User for any damage that the User or a third party may suffer as a result of interruptions, delays, errors or omissions in the use of the Application.
It is the User's responsibility to notify Drive-Apps of any errors or omissions affecting the usability of the Application or any other error as soon as it is detected. Drive-Apps attempts to correct the error or inadequacy as soon as possible, considering the effect of the error on the use of the Application.
The Application is purchased from Drive-Apps’ web store and the prices indicated on Drive-Apps’ website are applied to the use of the Application. The use of the Application is charged monthly with the payment method agreed upon with the order. Drive-Apps has the right to change prices by notifying the User in advance. The User accepts the price changes by continuing to use the Application. Each order is made separately, and Drive-Apps has the right to invoice for each order immediately after the order is activated.
Drive-Apps processes personal data when the Customer registers to the Application. The processing of personal data is performed in accordance with current data protection legislation. Location data of the User is used to track and save the loading and unloading location of dangerous goods. The User can switch on and off the tracking of location data in the device settings. Drive-Apps privacy policy is available here.
9.1 Changes to the terms of use
Drive-Apps is entitled to change these terms of use upon its own discretion. Users will be notified of changes to the terms of use in the Application. The changes will take effect on the date indicated and the User accepts the changes as they continue to use the Application.
9.2 Transfer of the Agreement
The User does not have the right to transfer the Agreement to a third party without the written consent of Drive-Apps. Drive-Apps is entitled to transfer the Agreement to a third party by notifying the User. A transfer of the Agreement to a company belonging to the same group of companies as Drive-Apps does not need to be separately notified. Drive-Apps is also entitled to transfer its receivables under the Agreement to a third party. After notification of the transfer of receivables, payments may be validly made only to the transferee.
9.3 Liability related to transport of dangerous goods
Liabilities and responsibilities related to the transport of dangerous goods are determined in accordance with the ADR agreement (Agreement concerning the International Carriage of Dangerous Goods by Road) and national regulations. Using the Application does not affect the responsibilities of the parties. The parties involved in the transport of dangerous goods are responsible for compliance with all regulations regarding transport of dangerous goods and the safety of transporting dangerous goods, and Drive-Apps is never held responsible for them, as Drive-Apps is not a party to the transport. The User is responsible for complying with all applicable laws and other regulations concerning the transport of dangerous goods.
9.4 Limitation of liability
Application has been carefully tested, but the User understands and accepts that defects may, nevertheless, occur. Drive-Apps and other parties involved in the production and sale of the Application shall not be liable for any direct or indirect damage caused to the User or third parties by the Application or any errors in its use. Drive-Apps’ overall liability of any kind of damage is limited to one (1) month’s fee charged from the User during the month when the infringement occurred. The User is obliged to report an error or defect immediately upon discovery, and the User shall make its best reasonable efforts to minimize the damage. Drive- Apps is not liable for damages if the User has neglected their own contractual obligations. The User is obliged to indemnify Drive-Apps for any direct damages caused by the User in violation of these terms of use or in violation of the law.
9.5 Term and termination
The Customer may terminate the Agreement by ceasing the monthly payments under the Application, in which case the access to the Application will automatically terminate on the last day of the paid month. Termination of monthly fees applies to each license. Hence, if the Customer has multiple licenses, the Customer may terminate all or only part of the licenses by ceasing to pay one or more license fees. If the Customer’s payment is delayed and the Customer does not make the due payment despite Drive-Apps’ notice, the Application order is deemed to have ended.
Drive-Apps may terminate the Agreement in writing (also by email) with one (1) months’ notice, calculated from the next full month. Drive-Apps has the right to terminate the Agreement if the Customer uses the Application in violation of its purpose, these terms of use or the law or materially breaches these terms of use.
The invalidity of a certain provision does not affect the validity of other provisions of these terms of use.
9.6 Applicable Law and Dispute Resolution
The use of the Application and the Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions. Any disagreements are addressed to Pohjois-Savon käräjäoikeus, Finland.