TERMS & CONDITIONS

TERMS OF USE: FOR ROUNDBUY ONLINE SERVICE 7.7.2024

(1) THE APPLICATION OF TERMS OF USE (OR GENERAL TERMS OF USE)

General Notice
The Terms of Use for RoundBuy (Service Provider) platform binds the users (User) of the RoundBuy online marketplace (Service), whenever using the service. The terms of use are essentially the same for private entities and for companies, though companies will have some additional terms. These rules have been published 7.7.2024, and will be applied to the use of the Service. Please note RoundBuy reserves the right to change these terms of use without notice. Please get well acquainted with the Terms of Use!

Parties

RoundBuy, is a sole trader company, which offers the platform for online-marketplace or “Service” and its maintenance, and is thus referred as “Service Provider”. The individual person using the Service, is referred as a “User”, who consent to the Terms of Use by using the service. In addition a User acknowledges by the use of the service, the necessity to know and obey the legislation of the country they conduct their trade interaction through the Service. The Terms of Use are amplified in detail in this document. The online Service is a community for Users to seek and find what they need, and then buy, sell, rent the product etc.

Online Service Provides a Place of Exchange

The Service is an online platform where users seek and find what they need. The registered Users are members, who can advertise their products via “Adds” by either selling, buying, renting or otherwise exchanging them or make offers to to other users. It is noteworthy, the actual business transaction and contract are between the Users, and the Service Provider is in no way a trade party, nor part of the business transaction or any trade contract of the products traded, in any way. The sole purpose of the Service is to provide a modern marketplace for individual agents. The safe use requires registration and identification.

Registration and Identification of User

In order to use the Service, User must register appropriately when creating an account so the Service can be used. The Service, utilizes strong identification, which means the User proves his identity online with his online banking credentials by signing into his online banking service to confirm his identity. It is highly recommended that all Users improve the safety of the service by doing so, and for this reason some small membership charges apply.

Charges

The use of the service is charged as follows. There are three membership plans from which to choose: two for private individuals the green (0 €), gold (1 €) and violet for companies (5 €). There are other special services, which are according to different conditions. In addition, the Service Provider can collect a commission fee (brokerage) for each add if so defined in their membership plan. Service Provider reserves the right to price changes. The online market place is good to use, because the Users follow and obey the rules, terms and guidelines.

User complies to these Terms of Use, Rules, Guidelines Provided by the Service Provider and to National Legislation
The User consents on these Terms of Use, and to other separately given rules, terms and guidelines, which are given to govern the use of the Service, and the action between Users and the RoundBuy platform. In addition the Users consents on the national legislation or other similar laws that regulate transaction between parties, as well as good practice and the way of the industry.

(2) RIGHTS OF USE

Established Rights to Use the Service

After getting membership, a right is established to the User to use the Service, provided by the Service Provider, in accordance with the Terms of Use and other rules, terms and guidelines for the Service.

In the registration process, User has to give all the necessary data for registration, “User Data”. The user data will be utilized to the identification of the new User. In addition the User has to choose a password, and a username. All given information has to be real and corresponding to official personal information, as providing wrong User data is a criminal offence. Users consents to keep the User data, up-to-date.

Limited Rights of Use

The Service Provider gives the User a limited “Rights of Use” to the Service. The Rights of Use limits Users rights, and essentially it forbids to use the Service in any other way than what these Terms of Use, and other rules, such as trademark or copyright or anything similar demands on behalf of RoundBuy. All content or its part, in the Service, is also regulated by the Terms of Use, and cannot be used in another way.

Eligibility to Register for Membership

In order to be able to eligible to register the User has to be either a sovereign person over 18 year old, or legal person (such as company) with the ability to make binding legal actions. However, a legal person such as a company still requires an eligible sovereign person to represent itself, and to take the legal responsibilities over the actions made.

Service Providers Right to Reject Membership

It is noteworthy that the Service Provider has right to either approve or reject the Right of Use. Service Provider can reject the right to use, or the membership if the User has failed to provide all the user data required for the registration process to be completed appropriately. For example some user data is missing, or it has been given but it is insufficient or in some other way lacking. Also if the user data is inappropriate in some ways, or there is another reason hindering the approval. Each member can have only one active membership (password and username or ID).

Personal Data is Collected for These Purposes

Service provider collects the personal data of the Users (which have registered), in accordance with the Register Statement and Privacy Statement, but also as stipulated by the legislation on privacy protection. The Service uses cookies as described in the Privacy Statement.

For the sake of clarity, it is stated that the Service Provider has the right to modify, copy, store and otherwise use the content generated by the User for the following purposes, among others: (i) archiving purposes; (ii) to develop the technical maintenance of the Service; (iii) to demonstrate fulfillment of the Service Provider’s statutory rights and obligations; (iv) for other purposes required by legislation or official regulations; and (v) for any other purpose deemed necessary by the Service Provider.

The Service Provider uses the collected personal data in accordance with the European Union Privacy Statement (in Finnish Tietosuojalauseke) and Register Statement (in Finnish Rekisteriseloste).
Link: Privacy Statement

Link: Register Statement

Confidentiality of User Data and Exceptions

All user data and personal information are confidential, with few exceptions. For example in cases where government officials have to be informed of possible fraud or similar unlawful issues, certain personal user data can be handed. Additionally, the parties of business transaction have certain rights to get the minimum personal data of their business partner, in order to secure good business practice or commitment to law (e.g. exchange of names).

No right to use Automatic Systems to make a thing

It is also noteworthy that the User has no rights to use the Service by the Service Provider to make and/or manufacture a product or design or something similar from the Service, its parts, or from its contents, or disseminate it in any form. The previous is also forbidden with the use of automatic systems to produce something from the Service (the automatic systems or programs include: spider, robot, offline reader, scraper etc.).

Proper Handling and Protection of personal data (also GDPR)

In order to properly handle and protect the personal data of the Users the up-to-date legislation must be followed. All personnel processing, or handling the user or personal data has to follow what the legislation stipulates and what responsibilities are demanded. In addition all Users when dealing with the personal data of their business transaction, has to protect it with care and is responsible of its proper handling.

It is noteworthy, the protection of natural person in relation to the processing of personal data is a fundamental right. Also in the case, personal or user data is stolen or hacked by a free agent or someone else, the Service Provider cannot be held responsible for the identity and data theft, or fraud, and will not issue any compensation.

Essential legislation:
General Data Protection Regulation or GDPR (Euroopan Unionin tietosuoja-asetus)
Finnish Personal Data Act (Suomen henkilötietolaki) or similar European Union national legislation

(3) USERS RIGHTS AND RESPONSIBILITIES

Rights While Using the Platform: Right to Place Adds

User has right to place advertisements or adds to the platform or marketplace. These advertisements have time limits specified by the Service Provider. User has to follow the guidelines of the advertisement when placing it.

Rights While Using the Platform: Right to View Adds

User has right to view the adds, the other Users have placed to the platform or marketplace.

Rights While Using the Platform: Right to Give Feedback of Business Transactions

Users have right to give feedback on the business transaction they have made. However, dishonest or exaggerated or similarly unfair feedback can be deleted by the Service Provider if it is inappropriately given or its content is otherwise unsuitable or against good manners or good taste.

Right to Manage Account

User has right to manage the user account in accordance with the prescribed rules.

User Specific Username and Password

It is noteworthy that both the username and password are personal, meaning they cannot be given to, or used by any other User. This User specificity, necessitates that the User holds them only in

their own personal use, without disclosing or providing it to any other party to not compromise the security. The owner of the user specifics, bears the responsibilities with certain limitations.

However, in cases, which User suspects or knows the user specific username and password have been compromised, the User must inform the Service Provider without delay. This frees the User from the possible subsequent misuse of the compromised data and ensued activity, and therefore the notification must be done, as soon as possible from the realization of compromising of user specific data.

Furthermore, it follows that the User is responsible for all the use of the Service with the User’s user specific identifiers, and should act in accordance with it, with all due care and seriousness.

User Consents to Act in Accordance with the Service Terms of Use

In everything, as the User acts on the Service, it is of utmost importance that the User acts in accordance with the following terms, rules, and guidelines when ever using the Service whatever way the User might use the service:
(1) Terms of Use

(2) other rules and guidelines provided in the Services (3) National and International Legislation
(4) Good business practice and ways

Forbidden Products

In addition, the User has to be conscious of what can be offered and what cannot be offered on the online marketplace, or in other words what products are forbidden in the Service, and cannot be offered in any way for example sold, bought or rented. The User should consult the national legislation, to insure only legal products are offered.

(Link) Please see the List of Forbidden products:

Disseminating Protected Material Forbidden

The Service may not be used in a harmful or offensive way by a User, to violate on purpose, or as a result the rights of the Service Provider, other Users or third parties. All the rights of the other party is to be respected, such as copyright, trademark, or other similar rights such as intellectual property rights, in all situations, and when using the Service, so not to disseminate or use otherwise wrongly protected rights of others. Exception, if the User has received written permission from the owner of the rights to use the material (this has to be indicated in the advertisement).

Also all images and content the User uploads or otherwise places to the Service, such as images or videos, the User is responsible to have all the necessary copyrights and other rights to the material. In other words the content the User places on the Service should be owned by the User. The advertising and offering of pirated product or fake, or counterfeit products is also forbidden.

Removal of Material

The User will not use the Service for spreading or disseminating material, which is against law, inappropriate, or against good manners and procedures.

Sufficient Descriptions of Products

It is the responsibility of the User to make factual, sufficient and clear descriptions of the products or similar advertisements the User places to the Service. Otherwise the User could be guilty of misleading the other party, which is forbidden.

Users own Risk of Usage

The Service is offered with the Users own risk, which means that the User, when ever using the Service, is responsible of the possible consequences of the use of the Service might cause. It follows that the User is solely responsible of the software, hardware and machinery, their acquisition and update and protection. For example if a hacker causes a damage through the Service, or a virus has been infected to the Service, it is at the Users risk.

Assurance of Right to Sell or Rent the Item

All products advertised by a User at the Service has to be, if needed, verifiably the Users own property, in other words the User needs to be able to prove the rights of ownership to the product offered on sale, rent or similar. Please note the Service Provider cannot assume responsibility to check the ownership, but the possible transaction business partner should find it out if necessary. In addition the Service Provider is not responsible for unauthorized sales or similar to a third party.

The offer of sale and offer of purchase are binding

What comes to the offer, either offer of sale or offer of purchase, the Users should be aware that in the Service, these offers are always binding when made during the valid time. Exercise your will with care, when making or placing and offer, and preferably always make it in writing with time how long it is valid etc.

User is responsible for the arising costs

The costs that follow from the business transaction are not any responsibility of the Service Provider. In addition, the User is responsible of the costs that arise from the use of the Service whatever they may be.

Paid Services and Right to Cancel

Please note when purchasing services from the Service Provider, which are chargeable or in other words costs something, has to be paid on the due date. The paid services or online products, the User has committed himself to, cannot be exercised the right to cancel, after the delivery of the product or after the Service has been started on the online platform electronically. In addition the membership payment will not be refunded if the customer should want to cancel it after making the purchase.

Special note on Usage of Images

The User has to make sure the User uses the User’s own images to advertise the item the User wants to sell, rent etc. The use of pictures, images or content owned by some third party is not acceptable in the platform due to copyrights, or other similar rights of ownership. The responsibility to check the ownership rights and the rightful use is the sole responsibility of the User, and the Service Provider cannot assume to check the images or similar content by the User.

(4) SERVICE PROVIDERS RIGHTS AND RESPONSIBILITIES

Availability of the Market Platform or Service

The online marketplace, or the Service is available for User around the year for 24 hours a day. The User has to take into account, however, that the Service Provider might have to temporarily disable partly or completely the Service either by notice beforehand or sometimes without notice.

The Service could be disabled for the following reasons: re-designing, modification of content or function, installation and maintenance, excessive load on the system, virus or malware infection attempt, or other safety concerns,

However, the Service Provider has the right to temporarily disable the Service or its part due to maintenance, installation, modification work, public order and safety, excessive load on the system or other similar reasons. In that case it is advised that Users exercise patience, and return soon again to view possible notice or reason for the maintenance mode of the service. Any damages to the User caused by the temporary disability of the online platform, will not be compensated by the Service Provider.

Service Providers Right to Modify the Platform

When possible the Service Provider shall inform the Users beforehand of the maintenance work, possible changes in the Service or interruptions in its functioning. The notice shall be given in the Help Center of the Service, or via email or other ways appropriate and possible. However, this is not always possible, as previously stated, above. Changes take force when implemented.

It is noteworthy, the Service Provider does not require User’s permission, but has a right to change, modify or add parts to the Service freely. In addition some parts or whole Service can be discontinued, or it’s services can be changed from free to paid or otherwise. However, User have right to choose to continue using the Service or cancel their membership without refund. It is the responsibility of the User, to find out the possible changes, modifications or similar of the Service.

Guarantees of Operation for the Platform

The Service provider maintains the platform for the benefit os its Users. However, no guarantees are given, nor and can be given, whether indirect of direct, for the operation and functions of the Service. The Service Provider works hard to provide Service that operates well and offers a good user experience, but in a cases that there are errors in the operation or interruptions, the Service Provider gives no guarantees. However, as soon as the Service Provide finds out of possible error(s), the Service Provider shall work to resolve it.

Limitation of Liability Condition

The Service Provider is responsible and answers for the Service, it’s content and correctness, where the Service Provider has produced it. Service Provider answer not, nor is responsible for data, content, their correctness, or other things produced by the Users. It is the responsibility of the User to make sure the products are legal and acceptable in accordance with the country’s legislation; and that the User has the ownership and right to sell or similarly to trade the product; and the product exists that is offered; and that all provided data is correct and truthful. In addition the user data provided has to be correct. The previous is not the responsibility of the Service Provider, and no responsibility is assumed over its violation by Users.

Service Provider is not a party of Transaction, or Exchange of Traded Product

It is noteworthy that the parties of business transaction, or in other words contract are the Users between which, the product or similar is exchanged for something. Therefore the Service Provider is in no way a party to the transaction, nor responsible over it. The “contract of exchange” is always between the two Users, as is the responsibilities and implementation. In addition, the Service provider has no responsibility for cases where a User has made unauthorized sales to a third party. The Service Provider provides the Service for the User to use to make connection with other Users, so the Users can make binding business deals in between them.

Limitations of Liability

It is notable that in situation where damage or other harm is caused to a User or third party, by incorrect or insufficient user data, the Service Provider is not responsible for it, nor will compensate it in any form. In addition, Service Provider is not liable for compensation for any direct or indirect damages that are in any way related to the Service, or its content or use, notifications, or its malfunction. Also if the use causes damage to a User, others, to a third party, because of technical

issues or similar, Service Provider is not responsible for damages nor liable for compensation. The Service is provided as it is, without guarantees, liabilities or insurances.

Right to Record Calls

The Service Provider can record customer calls for internal training.

Right to remove Material

It is noteworthy the Service Provider can and has the right to remove any material, add, or content from the Service if it is in the Service Provider’s view, harmful or inappropriate in some way, against good practice, or against law, it is prohibited, or containing incorrect information etc. Especially if it causes damage in some way to other Users, some groups of people, to the Service Provider or anyone else. In those cases the Service Provider has the right and will exercise it to keep the Service as appropriate.

Right to Close the Account

The Service Provider can close or delete the User account, and it’s password and username, in the case the User has not used the Service by logging into the Service for a year (365 days). Furthermore, in the cases the User has acted against the Terms of Use, national legislation, or good practice the account can also be deleted entirely or shut temporarily or closed by the Service Provider.

Service: Copyright, Trademark and Other Intellectual Property Protection

The Service is protected by copyright, and trademark and other intellectual property protection. A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work. A trademark is a type of intellectual property consisting of recognizable sing, design, or expression that identifies a product or service from a particular source and distinguishes it from others. Intellectual property rights refer to to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time.

The Service has material protected by copyright, trademark and other intellectual property rights. The User may not disseminate, copy, publish or make available to the public, or otherwise exploit commercially the protected material of the Service. In addition, the material of the Service or its part, cannot be used for creating a new work of any kind, without the express written permission of the Service Provider or the rights holder. The new work could be a web site, a database, an application or similar.

Rights to the Material placed in the Service

As a User places material to the Service, the Service Provider receives from the User all financial rights to the material they advertise in the Service. The rights the User gives to the Service Provider are both the current and the future financial rights. The User has access right to the material the User is advertising in the Service, and naturally all the rights to the advertised product, which the User happens to be the holder. The Service Provider may change or edit the material at its discretion, which the User has placed in theService, for example to prevent the advertising of forbidden product, or the misuse of the Service. The User is prohibited without the express written consent of Service Provider to use the material outside the Service for commercial purposes or any other purpose, whether it be by copying, publication or other similar means.

Pricing on the Service Platform

The service provider has the following charges for the use of the Service platform. The membership charge, comes due after subscription, and is 2 € for Gold (private individuals) and 5 € for Violet (for companies) membership plans. In addition, there are paid services such as paid advertisements and

paid visibility, with separate pricing. The Service Provider reserves all rights to change the price and pricing of the Service. In addition, the Service Provider can make price related changes, or other changes to the offered membership plans or other paid or free services if the Service Provider should wish to do so. There can be temporary, seasonal or campaign or similar changes to the prices, to the gratuity or changeability e.g. to make free paid, or paid free service for any duration of time. Up-to-date prices can be found from the Service or by enquiries.

Invoicing of the Service Charges

The invoices of the Service are provided to the User electronically in the Service platform through secure payment services. The User will have option to choose from the secure payment services, whether to pay via Paypal, or by using credit or debit cards to pay the amount in the online bank. In addition the Service Provider may allow Users to make a transfers from bank account, or other means for payment e.g. mobile payments.

All invoices should be paid by the User before the due date ends, but in the cases the payment if late, the Service Provider can send a reminder invoice or many of them, to the User, and charge a reminder fee and a user interests on the late payment. It is noteworthy, the Service Provider can close the Service from the User if payments are late, or remove and delete the paid or non paid services ordered by the User, or stop advertising the products of the User.

(5) CHANGE OF THE TERMS OF USE

Unilateral Right to Change the Terms of Use

The Service Provider has unilateral right to change the Terms of Use, or in other words, the Service Provider can make changes to the terms of use without User consent. The changes to the Terms of Use can be made by giving notices to the Users by Help Center Notifications, automatic email notifications or through other means in the service. In 14 days the changes have been made and notice given, it will come to effect.

Right of Withdrawal and Termination of Contract

Notably during the 14 days period the User has right of withdrawal (14 days to change your mind as a User) and discontinue the use of the Service. By continuing to use the Service, the User accepts the changes made to the Terms of Use.

The entire contract or agreement between the Service Provider and the User, can be terminated by sending e-mail expressing the desire, or through service from the User Account after logging in by deleting the account and membership.

(6) VALIDITY AND TERMINATION OF THE CONTRACT

Validity starts

These Terms of Use come into force from 7the of May 2024 and are valid until further notice. The Terms of Use will be up-dated regularly.

The Agreement Enters into Force

The agreement between the Service Provider and the User comes into force as the User accepts the Terms of Use in the Service or otherwise, and the Service Provider grants the User the right to use the Service provided.

After the Termination of Agreement User Data Removed

When an agreement between the Service Provider and the User terminates or comes into the end, the User’s user Account will be deleted by either the Service provider or by the User. Then all the

content placed by the User will be removed from the Service by the Service Provider as stipulated by law, but the user data will be stored according to condition expounded below. Some of the user data can remain in the form of chats with previous business partners, as does the given feedbacks or similar.

The Validity of Contract and Termination

This agreement between the Service Provider and the User is valid until further notice. The termination of the agreement can be done by both contracting pa