We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) services, and what we expect from you.
We are Qaisar Avoin Yhtiö AY. Qaisar AY is Finland based company and registered under the PRH and YTJ with its roots from Pietarsaari Jakobstad. A Finnish company for taxi-based services i.e., Mobile Apps, Websites and related products. Our Brand has several proprietary software and products, included but not limited to, Mach Taxi Meter, Mach Meter, Mach Log, Mach Taxi Light, Mach Printer.
For more information, please contact firstname.lastname@example.org.
Terms and Conditions
These terms and conditions (the “Terms and Conditions”) are entered into between Qaisar Avoin Yhtiö AY. Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log), with registered office in Kivipyykintie 5 C 2, 00710, Helsinki (“Mach Cab (Mach Log, Mach Meter, Mach Taxi Meter)”) and the client which is a natural person or legal entity that subscribes to Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log)’s services under the Terms and Conditions (the “Client”), hereunder referred to as the Parties (a Party).
Contract between the Parties is entered into by registering to the ORT Solution and accepting the present Terms and Conditions either manually or electronically, both manners having full legal force.
By accepting these Terms and Conditions, and/or by accessing and using our ORT Solution, Client shall represent and acknowledge to have read, understood, and agreed to be bound by these Terms and Conditions. The person entering into the Contract on behalf of a company or another (legal) entity shall warrant to have the authority to bind such entity and its representatives to the Contract.
All terms defined below beginning with a capital letter are defined as follows:
Data: means any data from the Client which can be accessed only by Users.
ORT Solution: means the software solution in SaaS mode (including updates, upgrades and corrections delivered by Mach Log Soft (Mach Log) as part of the Services) made available to the Client which includes the ORT.
ORT: means online self-reporting tool or online reporting tool (“ORT”). The ORT Solution allows individuals and businesses or government’s employees to capture, track and store their travelled kilometers, as well as to generate reports derived from manually or automatically populated data.
Personal Data (PI): means any information which directly or indirectly identifies any natural persons, including by reference to an identifier, such as, without limitation, the name, address, email address, phone number, identification number or an identifier. For the avoidance of doubts, PI should be given the meaning in the Finnish Data Protection Act.
Services: refers to the hostng, maintenance and support services provided by Mach Log Soft (Mach Log) to the Client in relation with the ORT Solution.
User: means a natural person, or employee authorized by the Client who is a legal person to use the ORT Solution and the Services.
Third-Party: third parties providing services and/or any other travel related products and services made available via ORT Solution.
The purpose of these Terms and Conditions supplemented, if necessary, by Appendices and invoices (the “Contract”) is to define the conditions under which the Client is authorized to use the ORT Solution and the Services. Any order by the Client is governed by this Contract. These Terms and Conditions supersede any terms and conditions of purchase of the Client and any prior agreements between the Parties on provision of the same Services; any specific clauses in the Contract supersede its general provisions on the same subject.
3. DURATION – TERMINATION
Unless otherwise agreed between the parties, this Contract comes into force at the date of acceptance of these Terms and Conditions by the Client, for indefinite period. This contract is fixed term 12 months contract. The Contracts that are paid monthly can be terminated upon 1 (one) month prior notice after completion of current year. The Contracts that are pre-paid for 12 (twelve) months can be terminated upon prior notice given at least 1 (one) month after the end of the pre-paid period.
The Contract may be terminated or suspended by Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) immediately upon notification if the Client fails to pay its due invoices, in the event of apparent insolvency, or if the Client violates the terms of the Contract.
Upon termination of this Contract, for whatever reason, Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) shall revoke any access to the ORT Solution offered to the Client and the Client shall immediately cease any access and use of the ORT Solution and the Services. In addition, Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) agrees to provide the Client with a copy of its Data in defined format within a period of one (1) month of the Client’s request.
Termination of this Contract does not affect completion of performance of any bookings made via the ORT Solution and pre-paid by the Client to the Third-Parties prior to the termination.
4. FINANCIAL CONDITIONS
Access and use of the ORT Solution and the Services are authorized in consideration for the payment of the fees mentioned on the invoices and/or in the Contract. The fees are inclusive of VAT/GST (and other indirect taxes) and payable via payment selected by the Client. For Contracts that are paid monthly price revisions can be applicable monthly. For Contracts that are pre-paid for 12 (twelve) months price revisions can be applicable upon expiry of the pre-paid period.
The Client expressly renounces from any repayment of amounts pre-paid in advance. In the event of non-payment by the due date, any amount due to Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log), and not contested by the Client, shall bear interest per the Finnish Interest Act (633/1982; as amended, at a rate equal to three (3) times the legal interest rate or 18% per annum whichever is more, from the first business day of delay. Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) may likewise request the payment of a lump sum of forty (40) Euros for recovery costs, without prejudice to its right to seek greater compensation if costs actually incurred in this regard exceed the lump sum amount. Without prejudice to the preceding and without any prejudice to the payment obligation of the Client(s), each protest must be communicated within a period of 8 (eight) calendar days as of the invoice date by a motivated registered letter. After this period, the Client shall be deemed to have definitively accepted the invoiced amount.
5. ORT SOLUTION
5.1 Conditions of use
The ORT Solution, as well as all its components (such as trademarks, logos, computer programs, graphics, images, texts) are the exclusive property of Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) or have been granted to it. This Contract does not imply any assignment of intellectual property rights of any kind on any elements belonging to Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log).
Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) grants the Client a personal, non-exclusive, nonassignable, non-transferable right to use the ORT Solution for the duration of this Contract for the travel on a worldwide basis and the sole purpose of the Client’s internal needs. The Client shall use the ORT Solution and shall authorize access to it by the Users in accordance with its requirements, any documentation provided and the present Terms and Conditions.
The Client may not in any case transfer, delegate or allow a third party to make use of its right to use the ORT Solution and is strictly prohibited from any other use. In particular, the Client is not permitted to make any copy, correction, adaptation, modification, translation, arrangement, distribution, decompilation, alteration, and more generally, any change to all or part of the ORT Solution. Nor may it permanently or temporarily reproduce all or part of the ORT Solution by any means and in any form.
5.2 Conditions of access
The Client may access the ORT Solution 24 hours a day, 7 days a week, subject to maintenance periods.
The ORT Solution can be accessed from (i) any compatible devices of the Client (computers, mobiles or tablets) and (ii) using the identifiers provided to the Client by Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log). The identifiers are intended to restrict access to the ORT Solution by the Client and the Users, to protect the integrity and availability of the ORT Solution, as well as the integrity, availability and confidentiality of any Data. The identifiers are personal and confidential. The Client agrees to take any necessary measures to keep its identifiers confidential and not to disclose them in any form whatsoever.
Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) shall not be held responsible for any damages resulting from any loss or breach of confidentiality with regard to the identifiers assigned to the Client and its Users.
5.3 Payment and Refund
a. You will be charged for using Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) Services. However, we reserve the right to change a usage fee, in which case you will be notified in writing of the usage and given the opportunity to terminate these Terms before the charge is made. In the event that you do terminate these Terms, you will no longer have access to or use the Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) Services.
By placing an order through the Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) and / or Website, you agree to make the applicable payments as described in our price plans and are responsible for any fees or costs associated with your user account.
Unless otherwise agreed, all payments will be due immediately after the order is placed and processed by Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) using the payment method selected for your user account, after which Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) will send you a receipt via email. If the primary payment method you choose is not available, Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) may use a secondary payment method, if one exists. If the payment method you have chosen is not available, we reserve the right to continue charging.
b. Payment for product subscription will be charged automatically to Client on a recurring basis as per the subscription agreement signed between Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) and the Client.
c. In case of booking failure refund will be processed within 1-7 working days. Detailed payment and refund policy will be shared with clients in subscription agreement.
d. Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) shall not be held responsible for any damages resulting from any loss or breach of payment with regards to the Travel inventory provider charges and delay in refunds at Travel inventory providers’ end.
The Client shall provide Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) with any information required for the performance of the Services. Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) provides the following Services to the Client:
The Client acknowledges that ORT Solution is an ancillary SaaS platform and Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) is not engaged in provision of any accounting, legal compliance or transportation services that may be enabled by and/or available to the Client through his own use of ORT Solution.
For the purposes of this Contract, “Confidential Information” means all confidential and proprietary information of a Party disclosed to the other Party, whether orally or in writing, that is clearly identified in writing or verbally at the time of disclosure as confidential. It includes Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log)’s documentation, the Data and information related to ORT Solution, whether or not marked as confidential or proprietary.
Each Party agrees not to use or reproduce the Confidential Information of the other Party for purposes other than for the requirements of the Contract and not to disclose or transfer the Confidential Information of the other Party to any third parties without its prior written consent.
Notwithstanding the foregoing, Confidential Information can be disclosed by the other Party to its employees, officers and consultants as well as to employees, officers and consultants of its subsidiaries or authorized subcontractors solely for the purposes of performance of the Contract, and provided that such individuals are duly informed of the confidential nature of the information and that they are bound by confidentiality undertakings similar to those set forth in this clause.
These confidentiality obligations do not apply to Confidential Information that is:
These confidentiality obligations shall continue to have effect for a period of three (3) years following
the expiry or termination of the Contract.
8. PERSONAL DATA
Each Party shall comply with any applicable law related to Personal Data. Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) collects and processes Personal Data in accordance with its Privacy Notice.
For the purpose of this Contract, Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) will access to the Users’ Personal Data and will process them on behalf of the Client, in its quality of Data Processor, in accordance with the Data Protection Laws.
The Client shall be solely responsible for the use of the ORT Solution by the Users.
The liability of each Party shall be limited to direct damages caused to the other Party. Neither Party shall be held liable for any indirect damages or any loss of data, loss of income, loss of profits, loss of opportunity or loss of customers or damage to the image arising from or relating from this Contract regardless of whether such persons were advised of the possibility of such losses or damages or such
losses or damages were otherwise foreseeable.
Under no circumstances shall Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) be liable for any loss or damage caused by the reliance of the Client on any information, statements or reports generated by ORT Solution. Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) shall not be liable for any damages caused by the failure of the Client to provide information, documents or files required to implement the ORT Solution, as well as any data errors provided by any third party or by the Client.
In any event, Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log)’s liability shall not exceed an amount equivalent to the total fees received by Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) during the twelve (12) months preceding the occurrence of the damage invoked by the Client, except in case of willful misconduct or gross negligence.
In any event, Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) may be exempted from all or part of its liability insofar as the non-performance or improper performance of the Contract is attributable to the unforeseeable and insurmountable act of a third party unconnected with the provision of services under the Contract, or to a force majeure event. Events of force majeure include strikes or social conflicts, the freezing of all means of transport or supply, earthquakes, fires, storms, floods, power outages, wars, attacks, riots, political instabilities, breakdowns of telecommunications as well as all other events of force majeure.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
This Contract is governed and interpreted in accordance with Finnish law. Any dispute which may arise with regard to the validity, interpretation, performance, termination, as well as the consequences of this Contract, must be submitted to the Finnish Courts, regardless of the place of performance of the Contract or of the domicile of the defendant, notwithstanding plurality of defendants or impleading of third parties, even for emergency proceedings or protective proceedings
Changes to the Terms and Conditions will be made by Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log) by publishing the updated version of the Terms and Conditions on its website machcab.fi Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log). The amended Terms and Conditions will come into force five (5) days after their publication on this site and are binding upon the Client if he continues using ORT Solution after these 5 days these 5 days. Amendments done pursuant to evolution of applicable law or regulation will come into force from the publication date on the site.
The Contract is entered into intuitu personae. Neither party shall be entitled to assign, transfer or relinquish in any way its rights and obligations arising from the Contract in favour of a third party without the prior written consent of the other party which should not be unreasonably withheld. Nevertheless, Mach Cab (Mach Meter, Mach Taxi Meter, Mach Log), upon 30 days written notice to the Client, shall be entitled to assign this Contract to its affiliates or group companies.
The fact that one of the Parties did not exercise any of its rights in a timely manner, or did not exercise them at all, shall not be presumed to operate as a waiver of such rights, whether in relation to a past or future fact.