Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Subscription Services from our site.
1. By placing an order for our Subscription Services through our site, you warrant that:
2. You will be required to complete an application to subscribe to Peluu Planner via our website. At that stage, you will be required to complete your contact and relevant personal details, make payment and click your acceptance to these terms and conditions.
3. Where you have signed up for Peluu Planner paid for Subscription Services and pay on an annual basis, Stripe.com will continue to notify you of your annual payments and your Contract will continue indefinitely until such time as you cease making payments. The onus is upon you to stop any payment before the due date if you do not wish to renew.
4. Where you have signed up for Peluu Planner paid for Subscription Services and pay on a monthly basis, Stripe.com will continue to notify you of your monthly payments and your Contract will continue indefinitely until such time as you cease making payments. The onus is upon you to stop any payment before the due date if you do not wish to renew.
5. If you decide not to renew any Peluu Planner paid-for Subscription Services (whether paid on a monthly or annual basis), we will automatically withhold your access rights, subject also to these terms and conditions. We will send you an email confirming the termination of subscription.
6. If you are contracting as a consumer, you may cancel a paid-for Peluu Planner subscription Contract within seven working days of the day after you receive the Subscription Confirmation. In this case, you will receive a full refund of the price paid for the Subscription Services in accordance with our refunds policy (set out in clause 5 below).
7. Details of this statutory right, and an explanation of how to exercise it, are provided in the Subscription Confirmation. This provision does not affect your statutory rights.
8. You may also choose not to renew your paid-for Contract when your next renewal payment is due, but no refunds will be made.
9. Upon cancellation of any Contract you have a legal obligation to stop using the Subscription Services immediately and we can withhold your access rights. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10. Huikuri Interactive is the owner of all intellectual property rights in the Subscription Services and our website, which you are licensed to use only in accordance with our Terms of Use, our Privacy Policy and these Terms for Subscription Services.
11. Your subscription for paid-for Subscription Services will only commence once we have received full payment of all sums due for such Subscription Services.
12. Subscription Services are subject to the payment of subscription charges and subject also to acceptance of your subscription application.
13. The price of any paid-for Subscription Services will be as quoted on our site from time to time , except in cases of obvious error. These prices include VAT.
14. Prices are liable to change at any time, but changes will not affect applications for subscription where we have already sent you a Subscription Confirmation.
15. We will verify prices as part of our Subscription Confirmation.
16. Payment for all Subscription Services must be by payment methods prescribed by Stripe Checkout. Your credit card is charged immediately after you submit the payment form and your account is ready for use.
17. If you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you if you have paid for the relevant Subscription Services as soon as possible and, in any case, within 30 days of the day on which you give us notice of your cancellation. No refunds are due in any other circumstances.
18. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
19. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the charges you have paid (if any) for the Subscription Services.
20. This does not include or limit in any way our liability:
21. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the Contract between us, including but not limited to:
22. We will not be liable for any failure to provide the Subscription Services if your computer does not comply with ‘System Requirements’, as required by clause 1(d) above.
23. Whilst we use our best endeavours to ensure that the Subscription Services are available 24 hours a day, seven days a week, we will not be liable if for any reason the Subscription Services are temporarily unavailable at any time.
24. If you order Subscription Services from our site for use outside Finland, please also note that you must comply with all applicable laws and regulations of the country in which the Subscription Services are used. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Peluu Sports Coach Apps (c/o Huikuri Interactive) at subscriptions@peluu.com or to our office at Karjumäenkatu 8, 33580 Tampere, Finland. We may give notice to you at either the e-mail or postal address you provide to us when making your application for Subscription Services. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
25. The Contract between you and us is binding on you and us and on our respective successors and assigns.
26. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. For the avoidance of doubt, you are not permitted to sell on or transfer the benefit of your Subscription Services to third parties.
27. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
28. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
29. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
31. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
32. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
33. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
34. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
35. We have the right to revise and amend these terms and conditions from time to time.
36. You will be subject to the terms and conditions in force when you apply for our Subscription Services, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (or if we notify you of the change to those policies or these terms and conditions before we send you the Subscription Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Subscription Confirmation).
Contracts for the purchase of Subscription Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with Finnish law, which shall have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.