Terms of Use
Welcome to World of Mouth ("WoM"), a restaurant guide service provided by World of Mouth Oy for natural persons for the purpose of creating, sharing and viewing content related to restaurants in an online community of foodies.
You shall read these Terms of Use (“Terms”) with due care. By accepting these Terms as part of the sign-up procedure to the WoM Website and the WoM App (collectively the “Service”), e.g. by clicking “I agree”, you (“you”, “your” or the “Customer”) constitutes your agreement to these Terms and additional instructions given by World of Mouth in the WoM Website and the WoM App otherwise, which collectively form a legally binding agreement (the “Agreement”) between you and World of Mouth Oy (Business ID: 2954703-4, address: Pursimiehenkatu 26 C, 00150 Helsinki, Finland) (“we”, “us”,“our” or “World of Mouth”). This Agreement applies to any use of the Service. If you do not agree to the terms of this Agreement, do not use the Service.
Use of the Service is also governed by World of Mouth’s Privacy Notice, which is incorporated by reference.
Only 16 year-old or older private individuals are permitted to use the Service.
The Service is meant only for consumers and therefore it is not allowed to use the Service for or in connection with any business activity.
The Terms are concluded between us and the User only, and not with Apple Inc. or Google LLC. We are solely responsible for the WoM App and the content there of as set out in the Terms. You agree that Apple and Google, and their subsidiaries (as applicable), are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
By finalizing your registration and/or subscription to the Service, you hereby warrant to have the required authority to subscribe to the Service and commit to the Service Fees.
In these Terms “You” and “User” refers to all users of the Service, including you.
Definitions
“Service Fee” means the fee charged by World of Mouth from time to time from you during the term of this Agreement for the Service as set out on the WoM Website, App Store, Google Play and/or the WoM App from time to time.
“WoM App” means the digital application called World of Mouth provided by World of Mouth and available for download from App Store and Google Play for the purpose of creating, sharing and viewing content related to restaurants in an online community of foodies.
“WoM Website” means the browser-based online platform provided by World of Mouth for the purpose of creating, sharing and viewing content related to restaurants in an online community of foodies.
Use of the Service
Subject to due payment of the Service Fee as well as compliance with the terms agreed in this Agreement, you have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Service in the form offered to you by us from time to time for the purposes set out herein. Your right to use the Service is valid during the term of this Agreement. The license granted to the User for the WoM App downloaded from Apple’s App Store or Google Play is further limited to a non-transferable license to use the WoM App on any Apple-branded or Google-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, Google Play Terms of Service and these Terms.
We have offered and may also in the future offer any of the available subscriptions to the Service free of charge. We reserve the right to decide upon such free subscriptions at our full discretion.
You are responsible for obtaining the equipment, connections and software necessary to use the Service as well as for any costs relating thereto.
Please note that we define the rules applicable to the use of the Service at any given time.
We are continuously developing the Service and we may change or remove different parts of the Service, including its functionalities and features, in part or in whole. We may make modifications or changes to the Service at anytime at our sole discretion and without notifying you thereof, provided that such changes do not materially reduce the features of the Service. If we introduce changes that materially reduce the features of the Service, we will notify you thereof in advance and you are entitled to terminate this Agreement and the subscription of the Service within 30 days from having received our notification of the changes, in case you do not accept the changes.
We are not responsible for retaining any materials or information that has been uploaded by the Users to the Service. Do not use the Service for storing or backing up any materials or information.
Apple or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the WoM App. To the extent that any maintenance or support is required by applicable law, we, not Apple or Google, shall be obligated to furnish any such maintenance or support.
Updates to the Service
World of Mouth may require that you accept and install security and other updates in order to be able to fully benefit from the Service. World of Mouth may update the Service for security and operability reasons, with or without notifying you. You may further need to update third party software from time to time in order to receive and use the Service. We are not responsible for any errors or deficiencies in the Service if you fail to install security or other updates as referred to herein.
User accounts
When registering and subscribing to the Service and creating an account, you must submit accurate and current details, as requested on the sign-up page of the Service. Please remember to update your details in case of any changes.
Your account and password are personal. Do not disclose your password to third parties and do not let third parties use your account to the Service. Please note that you are responsible for all use of the Service under your account.
Free trials, subscription and payment
The functionalities and features of the Service become available to you through registration.
From time to time you may also be required to subscribe to the Service and pay the applicable Service Fee. If applicable, you are able to purchase the in-app features of the Service through AppStore and Google Play, after having registered to the Service.
The applicable Service Fee(s) relating to the Service is specified on the WoM Website, App Store, Google Play and/or in the WoM app.
If applicable, your subscription to the Service may begin with a free trial. However, availability of free trials is not guaranteed, and if it is available, it is intended for such consumers that have not previously been granted a free trial to World of Mouth’s Service. Your payment of the Service Fee will be charged to your credit card immediately following the free trial, unless you have cancelled your subscription before the end of the free trial and in accordance with section “Term and termination” herein below. Please note that we may not provide any separate notices that your free trial is about to end or that your paid subscription is about to begin or has begun.
The functionalities and features of some parts of the Service become available to you through subscription to the Service and after the payment of the applicable Service Fee.
You are able to purchase these in-app features of the Service through App Store and Google Play, after having registered to the Service.
The applicable Service Fee(s) relating to the Service is specified on the WoM Website, App Store, Google Play and/or in the WoM App.
If you are a consumer based in the European Union, the following will apply to you as regards the right of withdrawal: The right of withdrawal is a right that allows consumers in the EU to withdraw from their contract within 14 days of its effective date.
However, as we provide you the Service to be enjoyed immediately after you have purchased the subscription (which you will be required to accept upon your purchase), we do not offer the right of withdrawal. Applicable consumer laws require World of Mouth to inform you that in such case you no longer have the right of withdrawal, and prior to your purchase of any in-app features you are required to acknowledge and agree that you waive your right of withdrawal.
Acknowledging that you lose your right of withdrawal will not affect any of your other rights as a consumer and will not affect your ability to cancel your subscription at any time (in which case you will not, however, be refunded your already paid Service Fees).
Payment of the Service Fee shall be conducted with a valid credit card by submitting the relevant credit card information in the App Store and/or Google Play, in connection with the subscription. If a payment cannot be charged successfully, due to e.g. expiration of the registered credit card or insufficient funds and the Customer does not provide valid credit card information, World of Mouth has the right to suspend the Customer’s access to the Service until valid credit card information has been provided by the Customer.
The applicable Service Fee for the Service will be charged from the Customer’s credit card. The date of the charging shall be the date of the commencement of the subscription of the Service. In some cases, the payment day may change, for example if it has not been possible to charge the Service Fee due to insufficient funds.
If you have purchased an automatically renewing subscription, your subscription shall continue, and be charged to your payment method automatically on the first day of the renewed subscription period, unless you terminate your subscription prior to the beginning of the renewing subscription period. Please note that we may not provide any separate notices that your auto-renewing subscription period is about to end, and that you will be charged for the following subscription period.
Interest on overdue payments shall accrue according to the Finnish Interest Act (633/1982). The Customer shall be responsible for the reasonable costs incurred by World of Mouth when collecting overdue fees.
UNLESS STATED OTHERWISE IN THIS AGREEMENT OR REQUIRED BY APPLICABLE AND MANDATORY LAW, ALL PAID SERVICE FEES AND IN-APP PURCHASES ARE FINAL AND NON-REFUNDABLE. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN YOUR ACCOUNT IS CLOSED OR TERMINATED BY YOU OR US, WHETHER SUCH CLOSURE OR TERMINATION WAS VOLUNTARY OR INVOLUNTARY.
User Content
In connection with the use of the Service you and/or other Users may submit content, data and information, including without limitation text and photographs, to the Service ("User Content").
The intellectual property rights relating to the User Content shall belong to the User that submitted it to the Service.
You grant World of Mouth an irrevocable, perpetual, worldwide, non-exclusive and royalty free right to use and store the User Content in any form and for any purpose. The User Content may, among other things, be compiled to a guide to be sold by World of Mouth.
Please note that you are responsible for the content you have added to the Service and for having obtained all necessary rights to add such content to the Service to be used in accordance with this Agreement. You shall ensure that content submitted by you to the Service does not infringe any third-party intellectual property rights or violate any applicable laws or legislation. Do not add any illegal, offensive, threatening, libelous, defamatory, or otherwise inappropriate content to the Service.
We have the right to remove any content added to the Service by the Users.
We may collect and process data, including personal data, in relation to your subscription and your use of the Service, such as your contact details and identification data. We process personal data in accordance with our Privacy Policy in force from time to time.
Information available on the Service
The information uploaded by Users and the other information available on the Service is for informational purposes only and does not constitute professional advice.
Please note that the information available on the Service may include information that you find erroneous, misleading or otherwise objectionable. For clarity, we make no warranty as to the information available on the Service or its accuracy, reliability or fitness for a particular purpose. The information does not, in any way, reflect the opinion of World of Mouth or its affiliates, and you acknowledge that we may not have verified the truthfulness or accuracy of such information (whether in form of reviews, recommendations or other information uploaded by the Users).
You acknowledge and agree that World of Mouth is not necessarily a party to any disagreement or dispute that you may have with other Users of the Service. World of Mouth has no obligation to become involved in such disagreements or disputes.
Restrictions of use of the Service
You may use the Service only and strictly in accordance with the terms of this Agreement and only for the purposes set out herein.
The User must comply with applicable third-party terms of agreement when using the WoM App or the Service (such as those applicable to Apple Store or Google Play).
Unless otherwise permitted in this Agreement, you may not:
a) circumvent or attempt to circumvent any usage control or anti-copy features of the Service;
b) probe, scan or test the vulnerability of the Service;
c) use the Service or the content available through the Service in any manner that could damage, disable, overburden or impair the Service;
d) use any data mining, robots, scraping, or similar data gathering or extraction methods;
e) use bots or other automated methods to use the Service;
f) use, copy, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the content provided by anyone else than you available through the Service, except as provided herein;
g) interfere with other Users’ use and enjoyment of the Service;
h) reverse engineer, decompile disassemble, decipher or otherwise attempt to derive the source code of the Service or any related technology, or any part thereof;
i) use the Service for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
j) create an account in the Service using a fake identity or an identity of another person;
k) access the Service except through the interfaces expressly provided by World of Mouth, such as the WoM App and the WoM Website;
l) use the Service in violation of applicable law;
m) use the Service in ways that violate intellectual property rights, trade secrets or privacy of third parties;
n) use the Service for unauthorized, inappropriate or unethical purposes or activities; or
o) use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
Third-party services and content
Certain functionalities and content on the Service may be provided by third parties.
This Agreement covers exclusively the Service and the use thereof and any and all linked third-party services and content are provided by the relevant third parties and covered by their terms of service or other agreements or licenses. World of Mouth does not assume any liability with regard to use of such third-party services and content, whether or not they are referenced by or available on the Service.
Intellectual Property Rights related to the Service
All intellectual property rights in or related to the Service and the data generated by the Service or the Users’ use of the Service (including any feedback, ideas or suggestions for improvements) and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of World of Mouth.
Except as expressly stated herein, this Agreement does not grant the User any intellectual property rights in the Service and all rights not expressly granted hereunder are reserved by World of Mouth and its subcontractors or licensors, as the case may be.
To the extent we are required to provide intellectual property rights indemnification by applicable law, we, not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Service or your use of it infringes any third-party intellectual property right.
Limitation of liability
We try to keep the Service up and running but please note that the Service may at any time be temporarily interrupted or permanently discontinued and may contain errors and inaccuracies.
We are not responsible for damages caused by such interruptions, suspensions, errors or inaccuracies or from any use of the Service by You.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORLD OF MOUTH SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF THIS AGREEMENT OR THE SERVICE ITSELF.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORLD OF MOUTH SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AGGREGATE AMOUNT OF SERVICE FEES YOU HAVE PAID TO WORLD OF MOUTH DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A DAMAGE CLAIM. YOU AGREE THAT IN CASE YOU HAVE NOT PAID ANY SERVICE FEES DURING THAT TIME, YOUR SOLE LEGAL REMEDY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
This section does not limit World of Mouth’s statutory liability for defects or delays in the Service to our consumer Users or your statutory remedies under any applicable mandatory consumer protection laws.
Warranty and Claims
Except as specifically provided under this Agreement, the Service is provided "as is" and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
To the extent any warranty that cannot be disclaimed, exists under applicable laws, we, not Apple or Google, shall be solely responsible for such warranty.
We, not Apple or Google, are responsible for addressing any claims of the User or any third party relating to the Service or the User’s possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of the HealthKit and HomeKit frameworks. These Terms do not limit our liability to the User beyond what is permitted by applicable law.
The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii)he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Term and termination
This Agreement shall enter into force immediately after You have finalized the registration and/or subscription to the Service and accepted this Agreement as part of the registration and subscription procedure.
If you want to terminate your subscription and the Agreement on your use of the Service, you may do so at any time at App Store and/or Google Play. Please note that if you have subscribed to the Service, as you have purchased your subscription through App Store and/or Google Play as first merchants of record, you cannot terminate your subscription with us directly.
Please note that if you terminate the subscription and the Agreement, your subscription will continue until the end of the subscription period for which applicable Service Fees have been paid, and you will not be entitled to a refund except if required by applicable and mandatory laws.
For the avoidance of doubt, if you have purchased an automatically renewing subscription, your subscription shall continue, and be charged to your payment method automatically for the renewing subscription period, unless you terminate your subscription prior to the beginning of the renewing subscription period.
We have the right to terminate your account to the Service at any time (and resort to any other legal remedies we may have at hand), for example in case we deem that you have breached this Agreement, added misleading, inaccurate, inappropriate, unauthorized or illegal content to the Service or caused harm to us or the other Users of the Service.
After your subscription (and the Agreement) has been terminated for any reason, you shall lose your access right to the Service as soon as the subscription has ended and none of your or other Users’ User Content shall be visible or accessible for you through the Service or by other means. Such User Content may, however, be kept in the Service for a period to be determined by World of Mouth. You are responsible for downloading/saving any of your User Content you may wish to keep prior to the termination of this Agreement.
Upon termination of the subscription (and/or this Agreement), World of Mouth shall not be obliged to refund any payments effected in accordance with this Agreement.
All provisions of this Agreement that are intended to survive the termination or expiry of this Agreement shall do so.
Amendments to these Terms and our prices
We have the right to amend these Terms in response to changing legal, technical or business developments and our prices by publishing the amended Terms and/or the prices on the WoM Website and/or the WoM App and by notifying our registered Users of the amendment by sending them an e-mail to the address they have submitted to us.
The amended Terms and the prices will become effective within 30 days after they have been published.
By continuing to use the Service after the amendments have been published, you accept the new Terms and the prices of the Service.
Assignment
You cannot transfer or assign this Agreement. We may, however, transfer and assign this Agreement and our rights hereunder (including intellectual property rights and licenses) to our affiliates or as part of a sale or transfer of our business or other corporate acquisition.
Force Majeure
World of Mouth shall not be held liable for any delay or failure to perform that result from reasons that are outside the reasonable control of World of Mouth. Such reasons include without limitation any unforeseen circumstances or causes that are beyond World of Mouth's control such as acts of God, war, terrorism, riots, pandemics, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Severance
If any provision of this Agreement is declared by any judicial or other competent authority to be void, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
No waiver
Any failure of World of Mouth to enforce strict performance by you of any provision of this Agreement or failure to exercise any right under it shall not be construed as a waiver or of World of Mouth’s right to assert or rely upon any such provision or right in that or any other instance.
Entire Agreement
This Agreement, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding between World of Mouth and you, and supersede all prior understandings of the parties hereto relating to the subject matter hereof and with respect to the Service.
Applicable law and dispute resolution
This Agreement shall be governed by and construed in accordance with the laws of Finland, notwithstanding its choice of law provisions.
Any dispute arising from or relating to this Agreement shall be subject to amicable negotiations between the Customer and World of Mouth. If no amicable settlement is reached, the dispute shall be settled by the District Court of Helsinki, Finland, as the first instance. As a consumer residing in the European Union you may also refer a dispute to online dispute resolution provided by the European Commission (please see http://ec.europa.eu/odr). Finnish consumers may initiate proceedings in the court of their domicile or refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi).
Any User questions, complaints or claims with respect to the WoM App, WoM Website or Service should be directed to: info@worldofmouth.app, Pursimiehenkatu 26 C, 00150Helsinki, Finland.