Last updated 25 January 2022
Contact information of Mirka Oy:
Mirka Oy, Pensalavägen 210, 66850 Jeppo, Finland
These Terms cover your right to access, and the terms governing such access, your Mirka.com account (“Account”) and various services and tools provided by Mirka Oy (“Mirka”) in connection with said Account (“Services”). Certain other terms may apply to your use of Mirka goods or services, such as separate terms of sale (“Sales Terms”) and warranty terms (“Warranty Terms”). The parties to these Terms are you (being either a private individual or an authorised representative of a company) and Mirka Oy.
By signing up for a Mirka.com Account and accepting these Terms, you are granted a limited, revocable, royalty-free, non-assignable right to use your Account.
This Account is personal, and you expressly agree not to share your username or password with any third party or to allow any third party to use or access your Account. The only exception to this are shared company Accounts (”Company Account”), where an Account is created for a company or other organisation with express permission from Mirka to share access to such Company Account between multiple users.
By registering an Account you represent and warrant that you are/represent the party for which the Account (including a Company Account) is intended. It is expressly prohibited to register Accounts on behalf of third parties without the prior written consent of Mirka Oy.
By signing up for an Account, you are granted a limited, revocable, royalty-free, non-assignable right to use the Services. Such Services may include, for example, the registration of tools for support, warranty or tracking purpose, access to a webshop, and a support channel for handling queries relating to tools or products. Services may be taken offline or added from time to time at the sole discretion of Mirka.
Terms applicable in particular to tool registration: For the avoidance of doubt, it is expressly prohibited to register a tool on behalf of another person or company. By registering a tool with Mirka.com, you represent and warrant that the serial number you have provided is correct, and that the tool belongs to you or that you otherwise have express permission to register the tool in question.
Terms applicable in particular to the webshop and non-warranty covered repair services: The order of products or services from the Mirka.com webshop, as well as non-warranty covered repair services, shall be governed by separate Sales Terms.
Terms applicable in particular to tool warranty repair: Warranty repair and in general warranty related terms shall be governed by separate Warranty Terms.
4. Limitations of Use
Your right to use the Account and Services is subject to these Terms and to the following limitations. Any breach of the below limitations shall be deemed a material breach of the Terms.
a. No sharing of account: As defined in Section 2.
b. No illegal/immoral content: You undertake not to upload, or to keep on your Account or in the Services any information that could be deemed illegal, obscene or otherwise in breach of public morality, including content that breaches the intellectual property rights of third parties or relevant privacy or competition law provisions.
c. No malicious use: You undertake not to maliciously use the Account or Services in such a way that potentially impedes the availability or integrity of the Mirka.com Services or other Mirka goods or services, including carrying out a denial of service attack or uploading or sharing malicious programs or code.
d. No fraudulent representations: You undertake not to fraudulently represent any third party, or to make purchases or otherwise use Services without the legal right to do so.
e. No reverse engineering: You shall not attempt to reverse engineer or otherwise render into human readable form or obtain a copy of the code relating to the Services or Account.
f. No inappropriate use of material included in the Account or Services: You do not have the right to use any material included in the Account or Services for any other purpose except to use the Account/Services. No license is granted to you to any intellectual property rights of Mirka or its licensors in any material included in the Services and Account, including copyright in the source code of any programs relating to the Services and Account, copyright in the marketing pictures and pictures and descriptions of products and product documentation, or any trademarks or patents owned by Mirka.
5. Personal Data and Privacy
6. Availability of Account and Services
Mirka will seek to keep the availability of the Account and Services at an adequate level and provide a separate contact point for service and help requests. However, Mirka does not give any specific availability guarantees or guarantees regarding response or support ticket handling times. Access to the Account or Services may be unavailable due to the need to update or repair the Account and Services, or for any other reason at the sole discretion of Mirka.
For the avoidance of doubt, it is your responsibility as a user to ensure that your browser and equipment are up to date and able to access and use the Account and Services as intended, and that your browser and equipment have a sufficient level of data security, and Mirka assume no responsibility or liability for the above.
7. Breach of Agreement and Damages
In the event of a material breach of these Terms on your part, Mirka shall have the right to immediately terminate the Terms and your right to use the Account and Services without advance notice.
Mirka shall not be responsible or liable for any indirect damages caused to you in relation to these Terms or the Mirka Account and Services.
8. Changes to Terms
You accept that Mirka Oy may unilaterally change these Terms by uploading a new copy of the Terms into Mirka.com and notifying you of the same. In the event you continue to use your Account or Services after receiving such a notification, you will be deemed to have accepted the changed Terms as binding upon you. In the event you do not accept the amended terms, your right to use the Account and Services shall immediately terminate without advance notice.
9. Term and Termination
Your right to use the Account and Services shall commence after you have registered your Mirka.com Account and accepted these Terms and continue indefinitely. In the event you materially or repeatedly breach these Terms or are deemed not to have accepted the Terms as binding upon yourself, Mirka has the right to terminate your right to use the Account and Services without advance notice.
In the event of termination or expiry of these Terms or your right to use the Account or Services, you shall immediately cease to use the Account/Services, and any data uploaded into Mirka.com by you shall be deleted, subject to relevant personal data legislation.
10. Applicable Law and Dispute Resolution
These Terms shall be governed by the laws of Finland excluding its provisions on the conflict of laws.
To the extent permitted by applicable mandatory law, any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one and the place of arbitration shall be Vaasa, Finland.