Terms and conditions of Oma Fortum service
Terms and conditions of the Oma Fortum application valid as of 11.11.2019
Fortum Markets Oy provides a mobile application, Oma Fortum (hereafter ‘the Service’), with which the customers of companies under the Fortum group and other users of the mobile app can track their energy consumption, view their invoices and manage their personal information and possible contracts with Fortum.
In this document, the defined conditions (hereafter ‘the Terms and Conditions’) regulate the relationship between Fortum Markets Oy (hereafter ‘Fortum’) and a consumer or corporate customer using the Service (hereafter ‘the Customer’). The term ‘customer’ may refer to either a juristic or natural person. These Terms and Conditions define the rights and obligations concerning the Service that Fortum or the Customer has.
In addition to the Terms and Conditions, the Finnish Consumer Protection Act (38/1978, including the amendments) applies to the Service insofar as the Customer uses the Service as a consumer. These Terms and Conditions are not valid for any part that may limit the imperative legal rights of the Customer.
The Customer must accept these Terms and Conditions in order to use the Service. By accepting the Terms and Conditions, the Customer confirms that they have read and accepted these Terms and Conditions and commits to obeying them.
1. Service description
The Customer can track their energy consumption, costs and contract prices on the Service. The Customer can also view their invoices and make changes to their contract or customer details. If they wish, the Customer can add alerts to their energy consumption and prices.
The additional services available through the Service may also allow the Customer to monitor or remote-control devices or functions outside the Service.
The Customer can also make new contracts or activate additional Fortum services through the Service. The contracts or additional services may include fees, which will be invoiced separately in accordance with the terms of the contract or service in question.
2. System requirements and compatibility
Supported operating systems
- Android: SDK version 19 (4.4 KitKat) or newer
- iOS: versio 9.3 or newer
3. Service introduction
The Customer needs to download the Oma Fortum app on their mobile phone in order to use the service. In addition to the application, a Oma Fortum account is required. The Customer can create a Oma Fortum account in the Oma Fortum mobile app, Fortum's Valpas service or on the Fortum website at https://login.fortum.com.
Creating a Oma Fortum account requires customer authentication.
4. Terminating the service
The Customer's right to terminate the Service
As a consumer, the Customer has a right to terminate the Service without a reason within 14 days after ordering the Service. The right is based on the Consumer Protection Act. The Customer has a right to terminate the Service under other circumstances as well.
The Customer can stop using the Oma Fortum app by deleting the application. However, deleting the app does not remove the Customer's Oma Fortum account.
If the Customer wishes to delete their Oma Fortum account, they can do so by notifying Fortum. In order to delete their account, the Customer must send Fortum a clear request to delete the account with their customer number and user ID attached. The request can be submitted from the Oma Fortum app or on Fortum's website at fortum.fi/palaute.
NB: After deleting your account, you can no longer access any of Fortum's mobile or online services.
For the sake of clarity: deleting the Oma Fortum app or account does not affect any other obligations the Customer has for Fortum.
Fortum's right to terminate or transfer the Service
If the Customer fails to solve a matter within a reasonable period of time after receiving a notice about it, Fortum has a right to terminate the Service with immediate effect in the following situations:
- the Customer is using the Service in a manner that breaks the Terms and Conditions or the obligations they have for Fortum;
- Fortum Markets Oy has a reason to suspect that the Service is misapplied;
- or the Customer does not fulfil the payment obligation.
Additionally, Fortum has the right to cancel the Customer's Service or to transfer the Service to another company by notifying the Customer at least 30 days before the planned change.
5. General terms and conditions
Responsibility for the Customer data
It is the Customer's responsibility to make sure that the user details they have submitted during registration to the Oma Fortum service are correct. Fortum is not responsible for false information submitted during or after the registration.
It is also the Customer's responsibility to ensure that their current details on the Oma Fortum service are up to date. Otherwise, Fortum has a right to close the Customer's account.
Responsibility for the personal password
The Customer is responsible for keeping their password secret and for using it in a manner that prevents others from having access to the Customer's details.
The Customer will notify Fortum's customer service at +358 200 190 00 without delay if they suspect a third party has obtained their password.
Unauthorised use of the Service
The right to use the Service is customer-specific and the Customer is not allowed to give others access to the Service or its content. The Customer is responsible for the unauthorised use of the Service that is caused by the Customer's actions. The Customer is liable to inform Fortum Markets Oy immediately, or as soon as possible, if they suspect their account has been used by a third party or in some other unauthorised manner. The best way to minimise damages caused by such abuse is to call Fortum's customer service at +358 200 190 00 without delay.
The Customer can file a complaint about the Oma Fortum service to Fortum within 60 days after noticing the problem in question. The problem type must be clearly stated in the complaint. If the complaint is not filed properly, the Customer loses their right to request a clarification or correction to the problem in question, apart from in situations with legal compulsion. After the Customer files a complaint, Fortum will clarify the matter and notify the Customer about the results.
Changes to the Service or Terms and Conditions
Both parties understand that mobile applications and related services evolve quickly. Fortum can change the Service in order to improve its usability or accessibility. The Service can also be changed to better meet the requirements set by Fortum's other services. Fortum can also add other services based on demand or remove some features that are little used, or which have become unprofitable.
Changes to the Service may require changes to these Terms and Conditions. Fortum reserves a right to change these Terms and Conditions in order to adjust the Service or its terms to changing business demands, new technology, new devices, standards, legislation, practices or purposeful technical, administrative, operative or other relevant practices.
Fortum reserves a right to start collecting a fee for the Service, a part thereof or an additional service. If such a fee or a significant change concerning the Customer's rights or obligations is implemented, the Customer will be notified 30 days in advance. Any changes that only mildly concern the Customer's rights or obligations will be announced on the ‘news’ section of Oma Fortum. The Customer's approval for any significant changes to their rights or obligations is requested upon opening the Service for the first time after an update. Fortum can make the approval mandatory in order to continue using the Service. If the Customer does not approve of the change, they have a right to terminate the Service.
Fortum reserves a right to stop providing the Service. The Customer will be notified about an end to the Service at least 30 days in advance.
6. Immaterial rights
The material on the Service, such as text, graphics, names, photos, graphs, drawings, logos, icons, recordings and programmes, belong to Fortum, its associated companies or joint enterprises, licensors or partners. Al rights to the Service content are reserved, apart from the exceptions mentioned in these Terms and Conditions. Copying, transferring, altering, saving, publishing or distributing the material without an advance written consent from Fortum is prohibited. Viewing the Service on a computer or similar device and printing for personal, non-commercial purposes are allowed. Documents meant to be published can be used on public data transmissions, but the source must always be mentioned.
7. Fortum´s liability and limitations of liability
Fortum offers no guarantees for the Service. Fortum does not guarantee that the Service can be used without any faults or disruptions. The Consumer Protection Act and other imperative legal provisions apply to Fortum's liability.
Fortum is not liable for any direct or indirect costs, losses or damages, including but not limited to loss of revenue, earnings or winnings, interruption of operations or loss of data caused by the Service, the use of its content or disruptions in the Service. Fortum is not liable for disruptions in the information system or telecommunications, losses or damages caused by faults or malware, or any third-party sites or their content that may be referred to in the Service.
Fortum is not liable for any indirect damages to the Customer, such as loss of income or damaging a relationship between the Customer and a third party, unless the damage is caused by gross negligence or intent by Fortum. However, Fortum's liability never exceeds the responsibility set in imperative legal provisions.
The Customer has a right to forward any dispute between them and Fortum to be solved by the Consumer Disputes Board or Espoo's district court, based on Fortum's place of business in Finland, or to exercise another statutory right to transfer a dispute to be solved by another body. Finnish legislation applies to the disputes.
Fortum Markets Oy. Business ID: 1852328‐0, customer service, Keilalahdentie 2–4, 02150 Espoo, +358 10 4511, fortum.fi