Terms of Use – Updated 2019
Terms of Use – Updated 2019
1.1. Otava Publishing Company Ltd, Otava Learning (hereinafter referred to as Otava or “the Supplier”) produces digital teaching material for schools. These Terms of Use apply to the online services provided and maintained by Otava for schools and their use.
1.2. In these Terms of Use, the service refers to the Teacher’s World and Pupil’s World online services and the included materials that are produced or maintained by Otava (together and separately hereinafter referred to as “the Service”).
1.3. A teacher, school secretary, principal or other representative of the school staff must use their personal work email address to register to the Service as a user and accept the Service’s Terms of Use. The Service may not be used without accepting the Terms of Use.
1.4. All use of Otava digital products is subject to these Terms of Use.
1.5. Otava reserves the right to make changes to these Terms of Use. When the changes enter into force, Otava shall inform about it on the Service website. If the user does not terminate the agreement after being informed of the changes, the user will be deemed to accept the new Terms of Use.
1.6 The valid Terms of Use can be found at otava.fi/kayttoehdot and the instructions at otava.fi/ohjeet (in Finnish).
2.1. The Service is available to the Teacher and the pupils in their class (both together and separately referred to as the User) after the Teacher has registered to the Service and accepted these terms.
2.2. The Teacher joins the Service by registering as a user on the service website with their work email address and by accepting these Terms of Use as binding. Otava may require the User to provide certain information upon registration. The principles described in Otava’s Privacy Statement https://otava.fi/privacy-policy/ shall be applied to the processing of personal data insofar as the person is considered to be a customer of Otava, a potential customer or a member of a stakeholder (for the Service, primarily the subscriber to the Service and the teacher users of the Service). When registering, the User chooses a user ID and password required to use the Service.
2.3. The school registers pupil users to the Service.
2.4. The task of the school is to inform the pupils and their guardians to the necessary extent about the Service, its use, changes made to it and these Terms of Use, and to obtain any permits and authorisations from the pupils’ guardians required to use the Service or parts of it or for other activities based on or permitted by the Agreement. Otava is not responsible for the neglect of these obligations or for the consequences of the negligence.
2.5. A school secretary, principal or other person appointed by the school may act as the administrator of the Service. Otherwise Otava’s customer service acts as the administrator for the school.
3.1. Otava strives to ensure that its Service is as high-quality as possible and follows the national core curriculum determined by the Finnish National Agency for Education. Otava is responsible for the legality of the Service’s content and its compliance with accepted principles of morality, unless otherwise stated in the agreement or Terms of Use. Otava is not responsible for the views or opinions of pupils or other persons using the Service in the discussion or other similar forums of the Service.
3.2. Otava has the right to make changes to the Service, provided that Otava notifies the School about them in advance.
3.3. Some of the Service may depend on external factors, such as third-party software. Otava has the right to modify the Service insofar as it is caused by external factors. Otava will inform about the changes on the Service website.
4.1. Otava is responsible only for the content, copyrights and other intellectual property rights of the material Otava has produced for the Service. Otava is not responsible for the content of the material produced by third parties that is stored or linked to the Service or for any technical or legal damage caused by it.
4.2. Otava strives to ensure that the content of the material it produces is accurate and free of errors. However, Otava is not responsible for any damages caused to the User or the School by the use of incorrect, incomplete or interpretative information in the Service.
5.1. Otava shall use its best endeavours to ensure that the Service is available to the User continuously and without disruption. However, Otava shall not be liable for any inconvenience or damage caused by interruptions, slowdowns or errors in the Service. In addition, Otava shall not compensate for any damage caused by technical faults and interruptions resulting from maintenance or installation work, including changes to or loss of information contained in the Service or other information, or by any problems, version updates, disruptions or interruptions related to data transmission and caused by third parties.
5.2. Otava has the right to suspend the provision of the Service due to a change, upgrade or related technical reason or as the result of repairs, installation or maintenance of the telecommunications network or any other similar reason, or if required by legislation or other official regulation. Otava shall aim to keep the duration of the interruption to a minimum. If possible, the User will be notified of the interruption in advance.
6.1. The Service and the included material are copyrighted. The material included may also contain trademarks protected by law.
6.2. The proprietary right of the Service as well as all copyrights and other intellectual property rights belong to Otava or other service providers or licence holders. No rights related to the Service shall transfer to the User or the School, other than the right to use the Service in accordance with these Terms of Use.
6.3. The rights to works created in or transferred to the Service by the User belong to the User, but Otava reserves the right to maintain these works on its servers and make any necessary copies of the works for their intended purposes. Otava stores works only for the pedagogical purposes of the school and the pupil. Otava is not obliged to keep the works if the User’s right of use or license has expired.
6.4. These rights shall remain in force even if the technical format or means of delivery of the Service or parts of it change, provided that the intended use of the works remains the same. The User is deemed to have accepted Otava’s maintenance right also in the new format or with the new means of delivery when they continue to use the Service.
6.5. Otava removes the User’s works within a reasonable time after the personal right to use the Service or the licence for the learning material related to the work has expired, or if the educational institution/controller so requests.
6.6. By uploading material into the Service or by producing material in it, the User accepts the copyright restrictions imposed on the work in question in this provision. The User may not upload or create such material in the Service that exceeds the threshold of originality and in respect of which they do not accept these terms.
7.1. By registering, the User is granted the right to use the Service in accordance with these Terms of Use.
7.2. The User may use the Service only for teaching and studying purposes. The User is not entitled to make copies of the Service’s content or have it made or make the content or any part thereof available to the public by disseminating, transmitting, presenting or displaying it in public without a written consent of Otava. However, the User has the right to print a few copies of the Service content for their private non-commercial use or in other cases expressly permitted by law or within the jurisdiction of Kopiosto. If the User is permitted by law to cite the material contained in the Service, they are obligated to mention the source in accordance with accepted principles of morality.
7.3. The User is not entitled to submit, transmit, create or store any work, message or other material in or through the Service that is contrary to accepted principles of morality or the law. In addition, the User is not entitled to submit, transmit or store material protected by copyright, trademark rights or other intellectual property rights in or through the Service, unless they have the express permission of the right holder for it. The User must note that their material may become available to the public. Otava removes material that violates the law, accepted principles of morality and intellectual property rights of a third party as soon as possible after being informed of it and reserves the right to remove material that violates Otava’s rights and hinders the operation of the Service. Otava is in no way responsible for any material submitted to the Service or stored in it by the User or for any claims for compensation and other claims by third parties related to the use of the material.
7.4. The User may not use the name or username of other users or outsiders in any function of the Service.
7.5. The pupil user may not, even if an error or a defect in the protection or information security allows it, examine materials in Teacher’s World intended only for teachers or materials for which they do not have the right to use.
7.6. Otava has the right to prevent the use of the Service if there are reasonable grounds to suspect that the Service will be used for the dissemination of the above-mentioned unauthorised material or otherwise in violation of the Terms of Use, accepted principles of morality or the law, or in a manner that endangers the operation of the Service or the data protection or security of other Users. The prevention does not release the User from their obligations under the law or the Terms of Use.
7.7. Otava is not responsible for the use of the Service or for any offences or infringements committed by the Users in or through the Service or with the help of it, or for any other acts or omissions contrary to accepted principles of morality or the obligations of the Users or the School.
8.1. The User is responsible for storing their user ID and password and preventing them from ending up in the knowledge or possession of outsiders. The User is also responsible for all use under their user ID and any damages, costs or fees incurred.
8.2. The User is obligated to notify Otava if their user ID or password gets lost or into the hands of a third party. The notification is sent by email to asiakaspalvelu@otava.fi. When the User receives Otava’s acknowledgement of the notification, the User’s liability for unauthorised use of the Service ceases.
8.3. The User will then receive a new user ID and password.
8.4. Otava has the right to change the user ID or password of the User and any other identifiers required for the use of the Service if this is required for technical or other acceptable reasons.
9.1. The personal data of pupil users placed in the Service and possibly generated during its use are part of the School’s pupil register, whose controller is the municipal education committee or other education provider as defined in the personal data legislation. The School undertakes to include this data in its pupil register and is responsible for making any necessary changes to the privacy policies as well as notifications to the Data Protection Ombudsman. Based on this agreement package, the pupils’ personal data is not disclosed to Otava, and thus Otava does not process the data for its own purposes. The School and teacher users must provide the Service with the personal data necessary for its use. Otava has no right or obligation to process the personal data in the pupil register in a manner or purpose other than those specified in these Terms of Use or the agreement.
9.2. Otava has the right to process anonymous data generated in connection with the use of the Service for the maintenance and development of the Service and for statistical purposes. Otava has the right to store and process this anonymous data even after the agreement expires.
9.3. Otava complies with the due diligence requirements laid down in the personal data legislation and other applicable provisions of the personal data legislation in the outsourced processing of personal data.
9.4. When using the Service, the Users must respect any personal data of other users they may have acquired, comply with the statutory obligation of confidentiality, and not process the data in violation of the personal data legislation, other regulations, these Terms of Use or accepted principles of morality.
9.5. The controller is responsible for deleting the personal data of pupil users from the Service after it or the User’s right of use has expired. Otava complies with the data controller’s lawful instructions for modifying and deleting data. Otava may also propose the deletion of apparently outdated data to the controller, and Otava also has the right to remove personal data from the Service if it is necessary for the operation of the Service or the data protection or security of the Users. Otava is not responsible for any obligations related to the storage and erasure of the controller’s personal data arising from the Archives Act (831/1994) and a records management plan. The User may have the opportunity to process some of their data themselves.
10.1. Otava manages the information security of its Services in a generally acceptable and efficient manner. It will use appropriate technical solutions to safeguard the security of the data and to prevent unauthorised access to its information systems, taking into account the available technical possibilities, the costs of the measures, the quality, quantity and age of the data processed and the significance of the processing for the protection of privacy. However, Otava may not be able to guarantee complete security.
10.2. The School is responsible for the proper management of the information security of their own information systems.
11.1. The User is responsible for the acquisition, functionality and costs of the hardware, software and network connections required to use the Service. They may not disturb or cause inconvenience to the Service or other network users.
12.1. With regard to defects and shortcomings in the Service, Otava’s liability is limited to the obligation to repair or re-perform the Service.
12.2. Each party shall be held liable for any direct damage caused to the other party by negligence. The parties must submit all their claims for compensation within six months of the date on which the party became or should have become aware of the occurrence of the damage.
12.3. The party’s total liability for all damages related to the Agreement may not exceed the sum of the charges paid by the School for the Service during the six-month period preceding the occurrence of the damage. This limitation of liability does not apply to intentional damages.
13.1. Force majeure shall relieve Otava from obligations related to the Service if the said force majeure prevents or unreasonably impedes the performance of the Service. Force majeure includes fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption to energy supplies, shortage of raw materials or equipment, disruptions of cable or other data communications caused by or arising from outside factors, version updates or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance.
13.2. Otava shall announce force majeure on the Service website or in some other manner required by the situation as soon as the event has occurred.
14.1. The School or the User does not have the right to transfer or grant the right to use the Service or any agreement on the Service to a third party without the written consent of Otava.
14.2. Otava retains the right to transfer the Service or its maintenance, related liabilities and obligations as well as any agreement on the Service to another company belonging to the same group.