Terms and Conditions for Nokia digital health Products and Services
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Relationship between you and Nokia.
By using Nokia digital health Products and Services, including the
Websites, the Applications, the Products, the Product Software, the Web
hosting services, the API or any other services provided by Nokia
(hereinafter the “Products and Services”) you expressly confirm your
agreement to the following Nokia Services Terms and Conditions for Nokia
digital health Products and Services (“Nokia Services Terms and
Conditions”).
Nokia Services Terms and Conditions are binding and form a contract
between you and Nokia. Nokia shall include all Nokia affiliates as
described in each of the following documents. (hereinafter “Nokia”
or “We”). Any reference to a particular affiliate of Nokia shall be
enforceable for the specific condition into which such affiliate is your
contractual partner. These Nokia Services Terms and Conditions supersede
any other document of the Nokia Services Terms and Conditions concerning
its purpose.
The Nokia Services Terms and Conditions are composed of:
Our Nokia digital health Products, as detailed in the user guide for
digital health Products (the “Product”) must be used in accordance
with the user guide attached to each Product. You can find our
user-guides on the Nokia health help Center.
As a user of the Products and Services, You, acknowledge and guarantee:
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That You have obtained and read a copy of the Nokia Services Terms
and Conditions; and,
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To be in possession of the Nokia Services Terms and Conditions on a
durable media for example by printing them out. Durable media means
any instrument which enables you to store information addressed
personally to you in a way accessible for future reference for a
period of time adequate for the purposes of the information and
which allows the unchanged reproduction of the information stored;
and,
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To be of age required or otherwise authorized under the law of your
country of residence to commit yourself into the Nokia Services
Terms and Conditions.
Any objection or contestation to these Nokia Services Terms and
Conditions will be interpreted as a refusal to agree to these Nokia
Services Terms and Conditions. IF YOU WERE TO DISAGREE WITH THESE NOKIA
SERVICES TERMS AND CONDITIONS YOU ARE NOT PERMITTED TO USE ANY NOKIA
HEALTH PRODUCTS OR SERVICES.
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Modification of the Nokia Services Terms and Conditions
It is understood and agreed between the parties that Nokia keeps the
right, in any case, to modify all or part of the Nokia Services Terms
and Conditions, to reflect changes to the law or any applicable
regulation, changes to our Products and Services or any event which is
deemed sufficient by Nokia to command such revisions. Any new version of
the Nokia Services Terms and Conditions will not apply retroactively but
replaces and supersedes the previous version of the Nokia Services Terms and Conditions.
We advise you to frequently consult the Nokia Services Terms and
Conditions and to save each version on durable media.
General provisions
Force Majeure
Any event that is deemed at once unforeseeable, insurmountable and
external and thereby prevents us from fulfilling our obligations under
these Nokia Services Terms and Conditions is considered an event of
Force Majeure (“Force Majeure Event”). The following events are
especially considered as examples of Force Majeure Events: strikes,
flood, fire, lock-outs, disruption and distractions in transport
services, supply difficulties in raw material or energy, any
communication interference resulting in any difficulty to fulfil any
order or performance of any act required by the Nokia Services Terms and
Conditions shall be suspended for the duration of the Force Majeure
Event. The performance of such act shall be immediately continued once
the cause of the Force Majeure Event ceases.
Entire Agreement
This version of the
Nokia Services Terms and Conditions constitutes the entire agreement
between you and us and cancels, excludes and replaces any previous
conditions in its subject matter. You acknowledge that other documents
of the Nokia Services Terms and Conditions may also apply to you when
you are subject to these Nokia Services Terms and Conditions.
Severability
If any provision of the Nokia Services Terms and Conditions is held
invalid or unenforceable by a court of competent jurisdiction, the
invalid or unenforceable part or provision will be deemed as unwritten.
Waiver
Any failure to exercise or delay in exercising any right, power or
privilege under the Nokia Services Terms and Conditions shall not
operate as a waiver; nor shall any single or partial exercise of any
right, power or privilege preclude any other or further exercise
thereof.
Evidence – Electronic communication
Any notification and communication between Nokia and you can be realised
by any electronic means of communication such as emails. You hereby
grant us your express consent for sending you by electronic means of
communication any notification through your Nokia health account.
Governing law – Dispute resolution
In the event of any controversy or dispute between Nokia and You arising
out of or in connection with your use of any Products and Services
provided by Nokia, the parties shall attempt, promptly, in good faith
and before any judicial action, to resolve the dispute amicably through
alternative dispute resolution.
Unless otherwise required by applicable law, these Nokia Services Terms
and Conditions and any matters relating to them, including all disputes,
will be governed by the laws of Finland and be settled in the competent
courts of Helsinki (Finland).
The Parties may agree to resolve their dispute through the online
dispute resolution platform provided by the European Commission. You can
access to the platform here:
Updated on 20 Jun 2017.