Last updated on 10.5.2019
1. SCOPE OF GENERAL TERMS AND CONDITIONS
1.1. Nokian Tyres plc (”NOKIAN TYRES”) is a company which specializes in producing tires and offering tire services.
1.2. SnapSkan is a service through which NOKIAN TYRES delivers its registered users measurement results regarding the tires' surface/tire tread depth and offers other tire and car maintenance services when necessary (hereinafter the ”SERVICE” or the “SNAPSKAN”).
1.5. A legally binding service usage agreement, as per section 9.1 here in below, for SERVICE is created by using a confirmed subscription (also known as a double opt-in or close-loop opt-in) procedure between CUSTOMER and NOKIAN TYRES, as briefly described here in below.
(1) CUSTOMER initiates its registration and subscription for SERVICE by signing up for SERVICE at the dedicated internet address (https://www.snapskan.no) and inserts thereafter the respective vehicle’s license plate number into SERVICE.
(2) CUSTOMER gives, as the next opt-in step, its email address and/or phone number to SERVICE, as necessary contact details requested by SERVICE.
(3) SERVICE verifies CUSTOMER’S email address and/or phone number during this registration procedure by generating a pop-up message containing a special web link, whereby clicking CUSTOMER confirms and authenticates its previously inserted email address and/or phone number (double opt-in).
2. Using the service
2.1. The technical measurement of the tires' surface/tire tread depth that is required for delivering SERVICE can take place in two alternative ways: (1) CUSTOMER drives over the measuring device connected to SERVICE (a drive over ramp in the car park) or (2) the tire treads are measured at Vianor Tyre Centers or other authorized dealers’ premises by their employees with a handheld measuring device.
2.2. After the tires have been technically measured, CUSTOMER can start using SERVICE by signing up for SERVICE online at the address defined above (https://www.snapskan.no).
2.3. When registering for SERVICE, CUSTOMER must give and/or confirm 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 (1) measured vehicle.
2.5. NOKIAN TYRES may offer to CUSTOMER as a part of SERVICE and/or in connection with SERVICE, other services or products, which may be chargeable. When CUSTOMER signs up for SERVICE or whilst using SERVICE, CUSTOMER can separately give its consent for NOKIAN TYRES to use CUSTOMER's contact information, as generated from SERVICE, in order to enable NOKIAN TYRES to send marketing messages or other commercial communications regarding other products or services to the CUSTOMER.
2.6. If CUSTOMER has given its consent for direct marketing when using SERVICE as described in section 2.5 above, also the affiliates, sub-providers and third parties, which NOKIAN TYRES uses for delivering SERVICE or whose operations are connected with NOKIAN TYRES’ operations as part of SERVICE, may send offers and advertisements to CUSTOMER regarding their own services and products, as further defined in section 7 hereinbelow.
2.7. SERVICE functions and is usually available 24/7 to CUSTOMER, except for when software updates, modifications and maintenance to SERVICE and other technical and operational reasons may exceptionally cause interruptions in SERVICE for the duration of such measures. CUSTOMER hereby accepts that there may be interruptions and downtime in SERVICE.
2.8. CUSTOMER accepts that NOKIAN TYRES may change the content of SERVICE or may replace it with new features or functionalities or make other changes to SERVICE and the service concept if necessary.
2.9. NOKIAN TYRES is at all times entitled to close, block or suspend SERVICE or restrict its use, if for example any laws, regulations, or orders from authorities require such action.
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 SERVICE being unavailable or SERVICE containing errors or delays.
2.11. All copyrights and other intellectual property rights relating to SERVICE remain the exclusive and sole property of NOKIAN TYRES or its affiliates or, respectively, the property of their licensors or other rights holders.
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 SERVICE or impose any other measures on SERVICE or its software other than what is stated under section 2.12 and section 2.16 regarding CUSTOMER's rights.
2.15. CUSTOMER may also not reverse engineer, translate, disassemble, or otherwise investigate SERVICE or its software for the purpose of finding out SERVICE's functionalities.
2.16. The detailed service description of SNAPSKAN is available both on SERVICE'S own website (https://www.snapskan.no) as well as on NOKIAN TYRES’ general website related to SERVICE (https://www.nokiantyres.com/snapskan/).
3. Rights and responsibilities of the customer
3.1. CUSTOMER is responsible for ensuring that (i) it has the right to disclose the user information and technical information requested for 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 its registration that the information it discloses to SERVICE are correct, complete, suitable for the purpose and up-to-date.
3.3. CUSTOMER is responsible for the whole duration of its usage time of SERVICE for correcting or updating its incorrect or changed information in SERVICE.
3.4. CUSTOMER must immediately notify NOKIAN TYRES, if the phone number it has used for registering in SERVICE has changed. CUSTOMER must also immediately delete the license plate number from SERVICE, if CUSTOMER no longer owns or controls the vehicle to which this number is connected. The purpose of these safety measures is to prevent the new owner of the phone number or the vehicle (and the license plate number) from using maliciously or otherwise unjustifiably CUSTOMER's user account in SERVICE.
3.5. NOKIAN TYRES is never responsible for incorrect or incomplete CUSTOMER information registered and saved in SERVICE, insofar as (i) this information has been provided by CUSTOMER to SERVICE; or (ii) the information has otherwise been obtained from CUSTOMER; or (iii) CUSTOMER has neglected to promptly correct or update its information in SERVICE.
3.6. CUSTOMER is always responsible for storing and using its personal login details to SERVICE in a secure manner and shall not reveal these login details to any 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 login details.
3.8. CUSTOMER is not exempted from liability, if SERVICE was accessed with CUSTOMER's devices or login details or otherwise SERVICE was de facto used by a third party instead of CUSTOMER.
3.9. CUSTOMER is responsible for ensuring that the smart phone or mobile device it uses to access SERVICE functions appropriately with regard to data security and the functioning of SERVICE.
3.10. CUSTOMER is responsible for complying with any instructions from NOKIAN TYRES with regard to using SERVICE.
3.11. CUSTOMER is at all times responsible for complying with laws, regulations, and orders from authorities, which apply to SERVICE.
3.12. If CUSTOMER notices any errors or malfunctions in SERVICE, it is recommended that CUSTOMER notifies NOKIAN TYRES about such incident without delay, either by email at the following internet address (email@example.com) or by phone to Vianor's customer service number (+358 10 401 401 / Monday to Sunday 7:00 -21:00).
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 SERVICE to CUSTOMER.
4.2. NOKIAN TYRES shall not be liable for any indirect or consequential damages caused by SERVICE (or by using SERVICE) to CUSTOMER or any third party.
4.4. NOKIAN TYRES is not liable for any damages caused by 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 services; (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 attributable to 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 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 it has regarding 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 the address of SERVICE (firstname.lastname@example.org).
4.7. CUSTOMER is liable for damages caused by SERVICE to NOKIAN TYRES, if such damages are due to CUSTOMER's error or omission or CUSTOMER's non-compliance with its contractual obligations or any instructions concerning the usage of 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, in order to prevent or limit the damage.
4.9. What is stated in this section 4 regarding the limitation of liability, shall not apply, if damage concerning SERVICE is caused by gross negligence or a wilful act.
5. Suspension and termination of the service
5.1. CUSTOMER may terminate SERVICE at any time by notifying NOKIAN TYRES of this decision on SERVICE'S website (https://www.snapskan.no) and/or by deleting its user account information through SERVICE’S opt-out procedure (https://www.snapskan.no/opt-out).
5.2. CUSTOMER's right to use SERVICE ends immediately after CUSTOMER has terminated SERVICE or deleted its user account information, as is described section 5.1 above.
5.4. The termination of SERVICE shall not affect CUSTOMER's responsibilities that have arisen before the termination of SERVICE or before deleting CUSTOMER’S personal data.
5.5. CUSTOMER's user information and user account will be removed from SERVICE as soon as possible after the customer relationship has ended and at latest five (5) years after CUSTOMER last logged in to SERVICE (passivity), unless applicable laws require NOKIAN TYRES to keep some information for a longer period of time.
6. Processing of personal data
6.1. NOKIAN TYRES processes personal data in 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 SERVICE with special care.
6.3. NOKIAN TYRES processes personal data in connection with SERVICE for the purposes of implementing and developing SERVICE, customer communication and marketing.
6.4. NOKIAN TYRES’ processing of personal data in connection with SERVICE is described in more detail in SNAPSKAN’S PRIVACY STATEMENT, which is available on SERVICE’S website (https://www.snapskan.no/terms) or on NOKIAN TYRES’ data privacy website (https://www.nokiantyres.com/privacy-statement/cookie-policy/).
6.5. Before registering and starting to use SERVICE, CUSTOMER is expected to read up on SNAPSKAN’S PRIVACY STATEMENT and required to pre-accept the processing of its personal data for the purposes described in PRIVACY STATEMENT and in accordance with the terms and conditions of PRIVACY STATEMENT.
6.7. CUSTOMER may withdraw its consent given expressly for direct marketing, but such withdrawal may affect the extent of CUSTOMER’s usage rights for SERVICE in the future and may ultimately have a consequence of that CUSTOMER will have to discontinue the whole use of SERVICE.
7. Direct marketing
7.1. NOKIAN TYRES may send customer communications messages regarding SERVICE and marketing messages regarding other services and products of NOKIAN TYRES based on CUSTOMER's separate marketing consent. After obtaining such consent NOKIAN TYRES may also share CUSTOMER's information with its affiliates, sub-processors and third parties, whose operations are connected with NOKIAN TYRES' operations, in which case these affiliates/sub-processors/third parties may send CUSTOMER offers and advertisements regarding their own business.
7.2. CUSTOMER may always withdraw its consent for direct marketing simply by clicking the unsubscribe link in the marketing messages or by contacting NOKIAN TYRES by email at the address of SERVICE (email@example.com).
7.3. For clarity, CUSTOMER’S act of withdrawing its marketing consent does not affect NOKIAN TYRES' right to keep sending CUSTOMER such other messages by email or by other mode of communication, which are necessary for managing or delivering SERVICE.
8. Changes and transfer of rights
8.4. NOKIAN TYRES is entitled to use, without any restrictions, sub-processors and third party service providers in the implementation and development of SERVICE.
9. Applicable law and court of jurisdiction
9.2. Any disputes and/or claims arising out of SERVICE shall be primarily resolved by amicable negotiations between CUSTOMER and NOKIAN TYRES.
9.3. If CUSTOMER and NOKIAN TYRES are not able to settle the dispute by their negotiations, CUSTOMER may bring its case to the Consumer Disputes Board by a written request for ruling from the said Board. For the sake of clarity, the Consumer Disputes Board's decision is not binding on NOKIAN TYRES.
9.4. Disputes and controversies arising out of SERVICE may also be resolved by the district court, where NOKIAN TYRES has its registered office (the District Court of Pirkanmaa) or where CUSTOMER has its 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 NOKIAN TYRES’ customer service will be available in the technical tire report, which is to be delivered to the CUSTOMER, as a part of the successful SERVICE, as well as on the website of SERVICE (https://www.snapskan.no).