Last updated on 15.5.2018
1. Scope of the general terms and conditions
1.1. Nokian Renkaat Oyj (”NOKIAN RENKAAT”) is a company which specializes in producing tyres and offering tyre services.
1.2. SnapSkan is a service through which NOKIAN TYRES delivers its registered users measurement results regarding the tyres' surface/tyre tread depth and offers other tyre and car maintenance services when necessary (hereinafter ”SERVICE”).
1.3. These terms and conditions shall be applied when NOKIAN TYRES offers this digital tyre tread measuring SERVICE to consumer customers (hereinafter ”CUSTOMER”).
1.4. The following order of precedence shall be applied to any terms applicable to the SERVICE: (1) mandatory legislation, (2) special terms agreed upon with the CUSTOMER, if applicable, and (3) these general terms and conditions of the SERVICE.
1.5. A binding contract for the SERVICE is created between CUSTOMER and NOKIAN TYRES when (1) CUSTOMER registers for the SERVICE by either (a) sending an SMS to the number indicated in the SERVICE information (18136) or (b) signing up for the SERVICE online at: https://www.snapskan.fi, and when (2) CUSTOMER confirms in connection with the registration that they accept these general terms and conditions and undertake to comply with them when using the SERVICE.
2. Using the service
2.1. The technical measurement of the tyres' surface/tyre tread depth that is required for delivering the SERVICE can take place in two alternative ways: (1) CUSTOMER drives over the measuring device connected to the SERVICE (a drive over ramp in the car park) or (2) the tyre treads are measured at our affiliates' premises by their employees with a handheld measuring device.
2.2. After the tyres have been technically measured CUSTOMER can start using the SERVICE by either (a) sending an SMS to the number indicated in the SERVICE information (18136) or (b) signing up for the SERVICE online at: https://www.snapskan.fi.
2.3. When registering for the SERVICE, CUSTOMER must give the required user information which can also include personal data, such as CUSTOMER's name, phone number, address, email address and the license plate number of at least one measured vehicle.
2.4. CUSTOMER is entitled to use the SERVICE as long as (i) CUSTOMER has an active user account and (ii) CUSTOMER fulfils their obligations as they are set out in these general terms and services and any other contractual obligations they may have with regard to the SERVICE.
2.5. NOKIAN TYRES may offer to CUSTOMER as a part of the SERVICE and/or in connection with it other services or products which may be chargeable. When CUSTOMER signs up for the SERVICE or whilst using the SERVICE, CUSTOMER can give their consent for NOKIAN TYRES to use CUSTOMER's contact information from the SERVICE to send marketing messages or other commercial communications regarding other products or services to the CUSTOMER.
2.6. If CUSTOMER has given their consent for direct marketing when using the SERVICE as is described under point 2.5, also the subcontractors NOKIAN TYRES uses for delivering the SERVICE may send offers and advertisements to CUSTOMER regarding their own services and products.
2.7. The SERVICE functions and is usually available 24/7 to CUSTOMER, except for when software updates, modifications and maintenance to the SERVICE and other technical and operational reasons may exceptionally cause interruptions in the SERVICE for the duration of such measures. CUSTOMER accepts that there may be interruptions and downtime in the SERVICE.
2.8. CUSTOMER accepts that NOKIAN TYRES may change the content of the SERVICE or replace it with new features or functionalities or make other changes to the SERVICE and the service concept if necessary.
2.9. NOKIAN TYRES is at all times entitled to close, block or suspend the SERVICE or restrict its use if for example any laws, regulations or orders from authorities require this.
2.10. NOKIAN TYRES will not be liable, insofar as this is permitted by mandatory legislation, for any damages, charges or costs incurred by CUSTOMER due to the SERVICE being unavailable or the SERVICE containing errors or delays.
2.11. All copyrights and other intellectual property rights relating to the SERVICE remain the property of NOKIAN TYRES or its affiliates or, respectively, the property of their licensors or other right holders.
2.12. NOKIAN TYRES grants CUSTOMER limited access rights to the SERVICE for the duration specified under point 2.4 and in accordance with these terms and conditions.
2.13. NOKIAN TYRES does not transfer or assign to CUSTOMER any other rights of ownership, intellectual property or any other special rights in addition to what is expressly provided in these general terms and conditions.
2.14. CUSTOMER does not have the right to modify, copy, publish, distribute, transmit, sell, lease, lend, transfer, grant access rights or in any other way dispose of the SERVICE or impose any other measures on the SERVICE or its software other than what is stated under points 2.12 and 2.16 regarding CUSTOMER's rights.
2.15. CUSTOMER may also not reverse engineer, translate, disassemble or otherwise investigate the SERVICE or its software for the purpose of finding out the SERVICE's functionalities.
2.16. The detailed service description of the SERVICE is available on the SERVICE's own website at https://www.snapskan.fi and on the NOKIAN TYRES general website at https://www.nokiantyres.com/snapskan/.
3. Rights and responsibilities of the customer
3.1. CUSTOMER is responsible for ensuring that (i) they have the right to disclose the user information and technical information requested for the SERVICE to NOKIAN TYRES and its affiliates and (ii) that NOKIAN TYRES and its affiliates have the right to use this information for implementing and developing this SERVICE.
3.2. CUSTOMER is responsible for ensuring at the time of their registration that the information they disclose to the SERVICE are correct, complete, suitable for the purpose and up to date.
3.3. CUSTOMER is responsible for the whole duration of the SERVICE for correcting or updating their incorrect or changed information in the SERVICE.
3.4. CUSTOMER must immediately notify NOKIAN TYRES if the phone number they have used for registering in the SERVICE has changed. CUSTOMER must also immediately delete the license plate number from the SERVICE if CUSTOMER no longer owns or controls the vehicle to which this number is connected. The purpose of these measures is to prevent the new owner of the phone number or the vehicle (and the license plate number) from using CUSTOMER's user account in the SERVICE.
3.5. NOKIAN TYRES is never responsible for incorrect or incomplete CUSTOMER information registered and saved in the SERVICE insofar as (i) this information has been provided by CUSTOMER to the SERVICE or (ii) the information has otherwise been obtained from CUSTOMER or (iii) CUSTOMER has neglected to promptly correct or update their information in the SERVICE.
3.6. CUSTOMER is always responsible for storing and using their personal log-in details to the SERVICE in a secure manner and shall not reveal these to third parties or otherwise allow third parties to use them.
3.7. CUSTOMER must notify NOKIAN TYRES immediately if CUSTOMER has reason to believe that a third party has gained access to or knowledge of CUSTOMER's log-in details.
3.8. CUSTOMER is not exempted from liability if the SERVICE was accessed with CUSTOMER's devices or log-in details or otherwise by a third party.
3.9. CUSTOMER is responsible for ensuring that the smart phone or mobile device they use to access the SERVICE functions appropriately with regard to data security and the functioning of the SERVICE.
3.10. CUSTOMER is responsible for complying with any instructions from NOKIAN TYRES with regard to using the SERVICE.
3.11. CUSTOMER is at all times responsible for complying with laws, regulations and orders from authorities which apply to the SERVICE.
3.12. If CUSTOMER notices any errors or malfunctions in the SERVICE, it is recommended that the CUSTOMER notifies NOKIAN TYRES about this without delay either by email at email@example.com or by phone to Vianor's customer service number at 010 401 401 (Mon-Sun 7-21).
4.1. NOKIAN TYRES' liability towards CUSTOMER with regard to this SERVICE shall be determined by the provisions of the Consumer Protection Act (38/1978, as amended from time to time) and in such a way that NOKIAN TYRES' liability is always limited to the direct damages caused by the SERVICE to CUSTOMER.
4.2. NOKIAN TYRES shall not be liable for any indirect or consequential damages caused by the SERVICE (or by using the SERVICE) to CUSTOMER or any third party.
4.3. NOKIAN TYRES shall not be liable for any damage that is caused by CUSTOMER's own error, omission or other negligence, a functionality or malfunction of CUSTOMER's device, unauthorized use of CUSTOMER's log-in details or CUSTOMER's non-compliance with these terms and conditions or other contractual terms or instructions concerning the SERVICE.
4.4. NOKIAN TYRES is not liable for any damages caused by the SERVICE if (i) they are caused by a failure, delay or interruption in the phone lines or other communication networks or otherwise by a telecom operator's service, (ii) they are caused by interferences in the electricity, water or other infrastructure systems of the car park or (iii) they are caused by other similar situation that is not caused by NOKIAN TYRES.
4.5. NOKIAN TYRES is not liable for damages caused by a so-called force majeure event or any similar event that makes it impossible or unduly difficult to deliver the service. A force majeure event refers for example to the following: hurricane, meteorite, earthquake, flood and other natural disasters; fire, explosion or other accidents; restlessness, rebellion, mobilization, terrorism, war and other events related to public order; embargo, boycott, import ban, seizure, and other commercial and governmental acts; industrial actions and interruption in public transport; or other similar unexpected or exceptional occurrences and circumstances.
4.6. In order to be entitled to claim damages, CUSTOMER must notify NOKIAN TYRES about the claim they have regarding the SERVICE within a reasonable time and at latest within fourteen (14) days of the occurrence of the damage. Such notification can be made in writing or by email to firstname.lastname@example.org.
4.7. CUSTOMER is liable for damages caused by the SERVICE to NOKIAN TYRES if such damages are due to CUSTOMER's error or omission or CUSTOMER's noncompliance with their contractual obligations or any instructions concerning the usage of the SERVICE.
4.8. In the event of a damage or threat thereof, CUSTOMER must take such necessary actions that can reasonably be expected in such a situation or that NOKIAN TYRES requests from CUSTOMER to prevent or limit the damage.
4.9. What is stated under this point 4 regarding limitation of liability shall not apply if damage concerning the SERVICE is caused by gross negligence or a wilful act.
5. Suspension and termination of the service
5.2. CUSTOMER's right to use the SERVICE ends immediately after CUSTOMER has terminated the SERVICE or deleted their information as is described under point 5.1.
5.3. NOKIAN TYRES may suspend or terminate CUSTOMER's use of the SERVICE and block CUSTOMER's user account for the SERVICE permanently or temporarily immediately if CUSTOMER materially breaches these terms and conditions or otherwise uses the SERVICE in a way that may cause harm or damage to the SERVICE, NOKIAN TYRES or third parties.
5.4. The termination of the SERVICE shall not affect CUSTOMER's responsibilities that have arisen before the termination of the SERVICE or before deleting the personal data.
5.5. CUSTOMER's user information and user account will be removed from the SERVICE as soon as possible after the customer relationship has ended and at latest five (5) years after CUSTOMER last logged in to the SERVICE (passivity), unless applicable laws require NOKIAN TYRES to keep some information for longer.
6. Processing of personal data
6.1. NOKIAN TYRES processes personal data in the SERVICE in accordance with the General Data Protection Regulation (GDPR) and the provisions of applicable national data protection legislation.
6.2. NOKIAN TYRES commits to process all personal data in the SERVICE with special care.
6.3. NOKIAN TYRES processes personal data in connection with the SERVICE for the purposes of implementing and developing the SERVICE, customer communication and marketing.
6.7. CUSTOMER may withdraw their consent for direct marketing. This may affect how the CUSTOMER is allowed to use the SERVICE and may have as a consequence that CUSTOMER may no longer use the SERVICE.
7. Direct marketing
7.1. NOKIAN TYRES may send customer communications regarding the SERVICE and marketing messages regarding other services and products of NOKIAN TYRES based on CUSTOMER's separate consent. After obtaining such consent NOKIAN TYRES may also share CUSTOMER's information with affiliates whose operations are connected with NOKIAN TYRES' operations, in which case these affiliates may send to the CUSTOMER offers and advertisements regarding their own business.
7.2. CUSTOMER may always withdraw their consent for direct marketing by clicking the link in the marketing messages or by contacting NOKIAN TYRES by email at email@example.com.
7.3. Withdrawing the marketing consent does not affect NOKIAN TYRES' right to keep sending the CUSTOMER other messages by email or by other mode of communication, which is necessary for managing or delivering the SERVICE.
8. Changes and transfer of rights
8.1. NOKIAN TYRES may unilaterally and at its sole discretion change these general terms and conditions of the SERVICE. Any such changes will be communicated to CUSTOMER beforehand. The updated terms and conditions that are applicable at the time are available on the SERVICE's website at https://www.snapskan.fi and on NOKIAN TYRES' website at https://www.nokianrenkaat.fi/snapskan/.
8.2. If CUSTOMER continues to use the SERVICE after they have been informed about changes in the general terms and conditions and/or information of such changes has been published on the above mentioned website, this indicates that CUSTOMER accepts the changes of the SERVICE terms as such.
8.3. NOKIAN TYRES has the right to assign or transfer rights arising out of the SERVICE and these terms and conditions within the group of companies and/or with third parties entirely or in part without CUSTOMER's authorization.
8.4. NOKIAN TYRES is entitled to use without any restrictions subcontractors and third party service providers in the implementation and development of the SERVICE.
8.5. CUSTOMER is not entitled to transfer their rights relating to these terms and conditions to a third party without a prior written consent from NOKIAN TYRES.
9. Applicable law and court of jurisdiction
9.1. The laws of Finland, with the exclusion of any provisions regarding choice of law, shall apply to the SERVICE contract between CUSTOMER and NOKIAN TYRES.
9.2. Any disputes and/or claims arising out of the SERVICE shall be resolved in good understanding primarily by way of negotiation between CUSTOMER and NOKIAN TYRES.
9.3. If CUSTOMER and NOKIAN TYRES are not able to settle the dispute by way of negotiation, CUSTOMER may bring their case to the Consumer Disputes Board by a written request for ruling from the board. The Consumer Disputes Board's decision is not binding on NOKIAN TYRES.
9.4. Disputes and controversies arising out of the SERVICE may also be resolved by the municipal court of the area where NOKIAN TYRES has its registered office (the municipal court of Pirkanmaa) or where CUSTOMER has their domicile or permanent residence, in accordance with the Code of Judicial Procedure (4/1734).
10. Customer service and contact information
10.1. Contact information of the NOKIAN TYRES customer service is available in the technical tyre report which has been delivered to the CUSTOMER as a part of the SERVICE as well as on the website of the SERVICE: https://www.snapskan.fi.