User Terms of Service
By using the AirFaas Platform, you and the legal entity you represent (the User) agree to these Terms of Service. Please read the following Terms of Service carefully before using the AirFaas Platform. If you do not agree with the Terms of Service, please do not use the AirFaas Platform. These Terms of Service apply to any use of the AirFaas Platform and to the Purchase Agreements between a Factory and a Customer. A more detailed description of the AirFaas Platform and information on system requirements is available at www.airfaas.com. Kindly note, that AirFaas Platform is only available for use on behalf of legal entities. As an individual registering as representatives of a company, association or any other legal entity, you represent and warrant that you are authorized to bind the entity into these Terms of Service.
“AirFaas” means the AirFaas platform business division of Combi Works Oy, (Business ID 1954585-2), Mechelininkatu 6, 00100 Helsinki, Finland.
“AirFaas Application” means a digital interface called AirFaas provided by AirFaas for legal entities to order products from AirFaas connected Factories through AirFaas Platform.
“AirFaas Platform” means both the AirFaas website www.airfaas.com and the AirFaas platform service as accessed either through Open API and/or customized system integrations, or through project handlings applications such as Combi Works’ Kontra or similar.
“Customer” means a legal entity, which orders and purchases Factories´ products and services through AirFaas Platform for use in commercial activities.
“Factory” means a factory, OEM producer or other provider, which has signed a Factory Agreement with AirFaas and who offers its products and services, as applicable, through the AirFaas Service.
“User” means a Factory, a Customer or other legal entity and their representatives using the AirFaas Platform.
2. Identity of AirFaas
||Combi Works Oy Ab
|Geographical and correspondence address:
||Mechelininkatu 6, 00100 Helsinki, Finland
|VAT identification number:
|Time at which AirFaas can be contacted:
||9 - 17 (UTC + 2)
Information about the identity and products and services of the Factories will be provided through the AirFaas Platform.
3. Description of the AirFaas service
- 3.1. AirFaas acts as an intermediary between the Customers and the Factories and provides a platform on which the Customer can purchase products and services from the Factories of its choice. CombiWorks Oy Ab, the owner of the AirFaas, also sells limited shortterm financing and sourcing services to Customers through AirFaas Platform.
- 3.2. The Customers submit their RFQs to the Factories and the Factories provide the information about their products and services to the Customers in the AirFaas Platform, including information on desired quality, delivery time, specific instructions and prices. The sale and purchase of the products and services may be subject to additional terms and conditions agreed between the Customer and the Factory through AirFaas Platform. The Customer makes a binding order to purchase the products and services from the Factory for the price and on the terms and conditions agreed in the AirFaas Platform before placing the order (“the Order”). After having received the Order, AirFaas will transmit the details of the Order to the Factory. When the Order is accepted by the Factory, the Customer and the Factory enter into a legally binding agreement for the purchase of the Factory’s products and services ordered by Customer on the Order (“the Purchase Agreement”). AirFaas will provide the Users with an order confirmation and receipt as well as access to all the communication related to the Order as well as a communication channel for any subsequent documented modifications and correspondence.
- 3.3. The Factory selected by the Customer will prepare (and deliver, if delivery services have been ordered) the products set out on the Order to the Customer. AirFaas is not responsible or liable towards the User for the (proper) execution of the Purchase Agreement by the Factory or the Customer. AirFaas Platform produces automatically packing lists and other supporting documentations related to the Order strictly on the basis of data submitted to the Airfaas Platform by the Users. AirFaas is not responsible for the information contained in such documents, save for them being based on unaltered data as entered by the Users.
- 3.4. After the Order has been placed by the Customer, the Order cannot be cancelled by the Customer without a written consent by the Factory through the AirFaas Platform and subject to the possible fine agreed between the Customer and the Factory in the Purchase Agreement.
4. User Accounts
- 4.1 In order to use the AirFaas service, the User must create a user account by following the registration instructions in the AirFaas Platform. The AirFaas Platform credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account. Any representative of the User using the user account must have a right to solely represent the User (hold a procuration, registered representation right , board membership or other similar registered position, enabling it to sign alone on behalf of the User) in order to place final, binding Orders.
- 4.2 Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform AirFaas thereof. The User shall be responsible for any use of the AirFaas Platform and any activity under the user account of the User.
- 4.3 In order to use the AirFaas services, the User must submit valid payment method information to AirFaas. User agrees to pay for all purchases arising from use of the AirFaas Services. The User must keep the payment information that it has submitted to its user account updated at all times.
5. Payments and costs
- 5.1. The Customer will pay the purchase price set out in the Order and the Purchase Agreement by using the payment functionality of the AirFaas Platform. AirFaas collects all payments from the Customers on behalf of the Factories.
- 5.2. The cost of use of AirFaas consists of User registration fee, annual fee and transaction-based fees. Applicable price schedule of the AirFaas services is available to the registered Users logged to the AirFaas Platform.
6. Delivery of an Order
- 6.1. The delivery terms are determined by the Purchase Agreement.
- 6.2. If the User orders the delivery of the Order through the AirFaas Service, the Order will be delivered to the address the User has provided through the AirFaas Platform.
- 6.3. The Customer must be able to receive ordered products at the location it has submitted to the AirFaas Platform. If the Customer cannot be reached at indicated location, the delivery may be cancelled by AirFaas or the Factory and the Customer may be charged for the expenses incurred due to transportation and warehousing of the undelivered products.
7. Intellectual Property Rights
- 7.1 All Intellectual Property Rights in or related to the AirFaas Platform and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of AirFaas and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
- 7.2 These Terms of Service do not grant the User any Intellectual Property Rights in the AirFaas Platform and all rights not expressly granted hereunder are reserved by AirFaas and its subcontractors/licensors.
- 7.3 All Intellectual Property Rights in the documentation submitted by the User through the AirFaas Platform, or any products manufactured on the basis thereof, are and will remain the exclusive property of the User and/or its subcontractors/licensors. The User´s counterparty in the Purchase Agreement shall receive a nonexclusive license to use the submitted documentation and material to the extent necessary to fulfil the Purchase Agreement. AirFaas and its affiliated companies have a right to access, analyse and collect metrics from the Orders and Purchase Agreements concluded through AirFaas Platform in order to improve the AirFaas service, compile usage statistics and market analytics. Notwithstanding the foregoing, AirFaas is not restricted from disclosing data, submitted to the AirFaas Platform by the Users, to extent required by law, any other applicable regulations, or any competent court or authority.
- 7.4 The User guarantees that all material submitted by it to the AirFaas Platform shall be free of third-party property rights and, in particular that no patents, licenses or any other industrial property rights of third parties shall be infringed by the manufacturing and delivery of the products. The user shall indemnify AirFaas and other Users against claims made by third parties due to any infringements of industrial property rights and shall bear all costs that AirFaas and/or other Users incur in this connection.
8. Additional Provisions for use of the AirFaas Platform
- 8.1 The AirFaas service is only available to legal entities and use of AirFaas Platform is limited to persons of the age of 18 years or older.
- 8.2 The User shall observe all applicable laws and regulations when using the AirFaas service.
- 8.3 We are constantly developing the AirFaas Platform and we may change or remove different parts of the AirFaas service, including features, services and Factories available in the AirFaas Platform in part or in whole.
- 8.4. By using the AirFaas Platform, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. AirFaas generally does not review content provided by the Users. AirFaas is not responsible for third parties' (including the Users´) content or information or for any damages arising as a result of the use of or reliance on it.
- 8.5 User shall be responsible for obtaining and maintaining any devices or equipment (such as computers) and connections needed for access to and use of the AirFaas Platform and all charges related thereto.
- 8.6 The User will not: (i) use or attempt to use another user’s AirFaas account and/or access another person’s payment data on the AirFaas Platform or use another person’s payment details when using the AirFaas service, without consent of that other person; (ii) copy, modify or create derivative works of the AirFaas Platform or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the AirFaas Platform or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the AirFaas Platform; (iv) remove, cover or obscure any advertisement included on the AirFaas Platform; (v) collect, use, copy, or transfer any information obtained from the AirFaas Platform without the consent of AirFaas; (vi) use bots or other automated methods to use the AirFaas service; (vii) create a AirFaas account using a fake identity or an identity of another person; and (viii) access the AirFaas Platform except through the interfaces expressly provided by AirFaas, such as the AirFaas Application and AirFaas Website.
- 8.7 AirFaas is entitled to remove a User or any material / content submitted by the user from the AirFaas Platform with immediate effect and/or refuse or cancel any Orders from a User if (i) the User abuses the AirFaas Service or causes any harm or detriment to the use of the AirFaas Platform or the other Users and/or AirFaas, (ii) the User places a false quote or Order (for example by not delivering, not paying or by not being available on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iii) if there is reasonable doubt about the correctness or authenticity of the quote by the Factory or Customer´s Order.
- 8.8 AirFaas shall process any personal data collected from the User in accordance with the [Privacy Statement]
9. Term and termination
- 9.1 These Terms of Service are in force as a binding agreement until further notice as long as the User is using the AirFaas Service.
- 9.2 The User can discontinue the use of the AirFaas Service at any time. AirFaas can discontinue providing the AirFaas Service permanently or temporarily at any time.
- 9.3 If the User or AirFaas discontinues the use or provision of AirFaas service, any existing Orders are delivered to the Customer, subject to the terms and conditions applicable and agreed at the time the Order was made.
10. Limitation of Liability
- 10.1 Under no circumstances shall AirFaas be liable to the User for any indirect damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages in excess of the amounts actually retained by AirFaas from the User in the three (3) months preceding the event giving rise to the claim. Maintenance of any needed backup copies of the User´s data is obligation of User. In no event will AirFaas be responsible for the loss of, or damage to, the User’s records or data.
- 11.1 Please note that the AirFaas Platform may at any time be interrupted or permanently discontinued. The AirFaas Platform may also be temporarily suspended. Do not use the AirFaas Services for backing up any data.
- 11.2 The Factory is committed to prepare the Order in accordance with the features as depicted in the specifications submitted by the Customer for quotation, and within the time agreed between the parties to Purchase Agreement in the AirFaas Platform. If there are any defects in the (or delivery of the) Order, the Customer may contact either the customer service of AirFaas, acting on behalf of Factory, through the AirFaas Platform customer support feature (chat), at email@example.com or the Factory directly.
- 11.3 The Factory is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Purchase Agreement.
- 11.4. The User who has discovered shortcomings in the performance of the Purchase Agreement must submit any complaints to AirFaas or the Factory without delay, with clear descriptions of said shortcomings.
12. Applicable Law and Dispute Resolution
- 12.1 These Terms of Service shall be governed by and shall be construed in accordance with the laws of Finland.
- 12.2 Any dispute, controversy or claim arising out of or in connection with these Terms of Service shall be finally settled by arbitration under the rules of the Board of Arbitration of the Central Chamber of Commerce of Finland. The arbitration tribunal shall consist of one (1) arbitrator. The arbitration shall take place in Helsinki, Finland. The arbitration shall be conducted and the arbitration award shall be given in the Finnish language, but evidence may be submitted also in English and/or Swedish and witnesses heard in any of the said languages.
- 13.1 These AirFaas Terms of Service are subject to amendments.
- 13.2 AirFaas shall publish the amended AirFaas Terms of Service at the AirFaas website and shall inform the User that the AirFaas Terms of Service have been amended on the AirFaas Platform or by email to the email address submitted to the AirFaas Platform by the User. If the User does not agree to any amended AirFaas Terms of Service, it shall discontinue the use of the AirFaas Platform.
- 14.1 AirFaas shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to AirFaas Platform without the User’s prior consent.
- 14.2 The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.