Effective September 20, 2021
1. Initial Provisions
The Service Provider is MOICON AS, Fabrikkvegen 70, 2849 Kapp, Norway, Company No: 920 131 360 or its successors or assigns. You can contact the Service Provider at the e-mail address: firstname.lastname@example.org or at the telephone number: 0047 90124628.
- MOICON/Service Provider/we/our/us – this shall mean MOICON AS, Fabrikkvegen 70, 2849 Kapp, Norway, Company No: 920 131 360 or its successors or assigns. The Service Provider can be contacted at the e-mail address: email@example.com or at the telephone number: 0047 90124628;
- Party – this shall mean the Service Provider or the Client, respectively;
- Website – this shall mean the MOICON website. The Website is available online, under the address https://www.moicon.net. The Website is an organised online platform through which the Services are rendered. The Website encompasses the moicon.net domain and its subdomains held and managed by the Service Provider;
- Services – this shall mean services rendered by the Service Provider, including services rendered by electronic means on the Website or remotely, consisting in enabling the User to use the Website’s webpages and functionalities, including in particular: placement of the Orders and conclusion of the agreements for the MOICON Software Services through the Order System;
- Personal Data – this shall mean any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- Information – this shall mean any data, information and any other content entered onto the Website or sent through the Website or to the Service Provider, owned, held, used or created by or on behalf of the User;
- Force Majeure – this shall mean any external event of an extraordinary nature difficult to predict and impossible to prevent without non-standard activities or expenses, which includes riots, strikes, armed conflicts, states of emergency, natural disasters, fires, floods or epidemics;
- GDPR – this shall mean Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
3. General rules
- The Agreement shall be concluded as of the moment when the User starts to use the Services.
- The Agreement shall be concluded for an indefinite period.
- The Agreement may be terminated by the User at any time, in particular by discontinuing using the Services.
- The Agreement may be terminated by the Service Provider with immediate effect, or the Service Provider may refrain from rendering the Services, either in whole or in part, when the User:
- infringes mandatory rules of law;
- acts to the detriment of the Service Provider or any third parties.
- The Agreement shall terminate with immediate effect in case of the termination of the Service Provider’s business, the Website shut-down, the withdrawal, limitation, expiry or change of authorisations or terms and conditions necessary for the provision of the Services or in case of the submission by the User of a request to discontinue processing of the Personal Data, unless this is contrary to mandatory rules of competent law.
- The Service Provider may refrain from rendering the Services, either in whole or in part, in case of any:
- security breach of resources of the User, the Service Provider or any third parties;
- repair, maintenance or upgrading in progress. The Service Provider shall share information about any planned temporary service unavailability in advance;
- As of the Agreement expiry or termination, or as of the moment of refraining from rendering the Services, the Service Provider shall stop rendering the Services.
- The termination or expiry of the Agreement shall not affect either Party’s rights and obligations accrued before the termination or expiry.
- The User guarantees that any Information sent by them will not infringe mandatory rules of law. Sending any illegal Information by the User is forbidden.
- In particular, it is forbidden to send:
- any misleading Information;
- any fictitious Information;
- any Information infringing rights of the Service Provider, other users or third parties;
- any Information in breach of mandatory rules of law;
- any Information in breach of decency or social norms;
- any discriminating, vulgar, offensive or obscene Information, or any Information promoting drug or alcohol consumption;
- spam or unsolicited commercial Information;
- the Personal Data of any third party if there is no legal basis for processing;
- links to the Information referred to above.
- The Service Provider will promptly delete any prohibited Information; however, it may keep the Information for archiving or statistical purposes and for purposes involving claims or liability related thereto if this complies with mandatory rules of law.
- The User may not, either directly or indirectly:
- during registration, logging or use of the Website, use false data, in particular fictitious or somebody else’s Personal Data for validation or Order placement purposes;
- send or disseminate viruses, Trojan horses, worms, infected files and/or similar malware and/or organise, participate or engage in any way in attacks on servers of the Service Provider or of its partners, or use the Website for fraud related purposes or undertake any other activities in breach of applicable laws;
- use the Services to send out mass e-mailing/spam. The Service Provider may apply technical measures safeguarding against sending undesirable mass e-mailing/spam;
- make any unjustified claims related to the use of the Website.
5. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR THE INFORMATION, INCLUDING (WITHOUT LIMITATION) THAT THEY ARE COMPLETE, ACCURATE, RELIABLE, UP-TO-DATE AND SUITABLE FOR ANY PARTICULAR PURPOSE; ACCESS WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES; OR THE WEBSITE WILL BE SECURE.
If under governing law it is not possible to contractually exclude or limit specific warranties, statutory warranties or scopes of liability, such exclusion or limitation set forth herein (section 5-6) will not apply.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR EXPENSE, HOWSOEVER ARISING, WHETHER DIRECT OR INDIRECT AND/OR WHETHER PRESENT, UNASCERTAINED, FUTURE OR CONTINGENT SUFFERED BY THE USER OR ANY THIRD PARTY, ARISING FROM OR IN CONNECTION WITH USE OF THE WEBSITE, IN PARTICULAR FOR: DAMAGE OR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THE AGREEMENT CAUSED BY THE FORCE MAJEURE; DAMAGE CAUSED BY UNAUTHORISED INTERFERENCE WITH THE USER’S ICT SYSTEM; DISRUPTIONS, INCLUDING THE WEBSITE/ORDER SYSTEM TEMPORARY UNAVAILABILITY; DISCONTINUANCE OR EXCLUSION OF THE SERVICES; ILLEGAL ACTIONS OF ANY THIRD PARTIES; CONSEQUENCES OF THE USER’S DATA THEFT; CONSEQUENCES OF INFECTING THE USER’S ICT SYSTEM WITH MALWARE; INCOMPATIBILITY OF THE WEBSITE/ORDER SYSTEM WITH THE USER’S TECHNICAL INFRASTRUCTURE.
The Service Provider shall apply due efforts in order to ensure secure, uninterrupted, constant, stable, effective and full availability of the Services and data processing security; nonetheless, it shall not be held liable if ensuring such availability, in given circumstances, has proven impossible or materially hindered.
- The User shall be responsible for any consequences of their use of the Services. The User shall be responsible for the consequences of the use of the Services by a natural persons with whom the User has shared an option to use the Services.
- The Service Provider is entitled, at any time, to undertake any activities aimed at verifying the User’s identity and validating the User, due to anti money laundering procedures, required in accordance with mandatory rules of law, and the User is obliged to provide the Service Provider with relevant necessary information, clarifications and documents. The User acknowledges and accepts that if not provided with any required information the Service Provider may refrain from rendering the Services, which cannot serve as a basis for the User’s claims against the Service Provider.
8. Technical Conditions
- The User’s ICT system must satisfy minimum technical conditions, i.e. in the case of the use of the Website:
- the current version of Windows or macOS operating system;
- the current version of a browser: Google Chrome, Apple Safari, Mozilla Firefox or a similar one;
- cookie acceptance enabled (only strictly necessary cookies are required);
- access to the Internet.
- In order to place the Order and to contact the Service Provider, the User must have an active e-mail address.
- The Licensor is not obliged to provide technical support for the Services except for cases when this is prescribed by applicable laws or directly stipulated in the Agreement.
9. Intellectual Property Rights
- The Agreement does not confer rights to any works, invention projects, proposals for improvement, databases, titles or individual or distinguishing designations, subject to the provisions set forth below. The Agreement does not transfer rights to technologies used in rendering the Services, i.e. the User does not acquire these rights from the Service Provider. The User acknowledges and accepts the fact that all intellectual property rights, in particular industrial property rights and copyrights (including the exclusive rights to the commercial use) to the Website and related materials, are the exclusive property of the Service Provider. Nothing in the Agreement is aimed at transferring the above rights onto the User or any other third party. Except for the right to use the Website, under the Agreement the User does not have any other rights, including in particular copyrights to the Website or any other industrial property rights or copyrights to the Website. The Service Provider’s copyrights are protected under applicable domestic and international laws.
- It is forbidden to replicate the Service Provider’s Information, in whole or in part, in any manner, including online and on data storage media, and to send, publish, disseminate, modify, develop, secondarily use or market it in any way that would exceed permitted use, including on other websites, in advertising media, by radio or TV broadcasting, by publishing or displaying in press, on billboards, with the use of any telecommunications techniques and technologies, in particular online or on data storage media, and by placing links to the Service Provider’s Information in a manner that could prevent source identification. The above applies in particular to rights to technologies used by the Service Provider. The User gives consent to the use of any possible means aimed at the protection of the Website and the prevention of unauthorised sharing and use of the Service Provider’s Information. The User acknowledges and accepts that the Service Provider has the right to undertake direct and immediate actions in the event of any breach of the right to the Website and that it is entitled to enforce its rights in any manner.
- The User acknowledges and accepts the fact that the word ‘MOICON’ and any marks in the Website encompassing the word ‘MOICON’ belong to the Service Provider, and they acknowledge and undertake not to make any claims concerning rights, titles to or interests in the above marks.
- The User grants the Service Provider a free licence unlimited in territory for the use of the Information created or stored by the User in any fields of use required for the performance of the Agreement, including the licence to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform. Unless specifically permitted by the User, the User’s use of the Services does not grant the Service Provider the licence to use, reproduce, adapt, modify, publish or distribute the Information created or stored by the User in their Account.
- The User represents and warrants that any Information sent, used or stored by the User is free from any legal defects and claims of any third parties. The User represents that they have all rights and authorisations required for sending, using and storing the Information and that such activities shall not infringe rights or property of any third parties and mandatory rules of law.
10. Technical Support and Complaints
- The User may report to the Service Provider any technical issues related to the Website/Order System operation. Any such technical issues shall be reported at the e-mail address: firstname.lastname@example.org or at the telephone number: 0047 94153541 (helpdesk). Whenever such notification is made, the Service Provider shall promptly commence fixing an issue. In order to fix the issue, the Service Provider may interfere with the User’s resources and may refrain from providing the Services. If a source of any issue, including a data security breach, is attributable to the User’s resources, the User is obliged to promptly fix the issue and notify the Service Provider thereof. In this case the Service Provider may also fix the problem on its own, including without the User’s consent, at the User’s risk and responsibility. The Service Provider may decide not to fix minor issues that do not prevent the use of the Website/Order System.
- Complaints related to the operation of the Website/Order System should be sent to the Service Provider’s address, including the e-mail address: email@example.com.
- A complaint must be filed promptly upon the occurrence of an event that is a source of the User’s concern, within 14 (fourteen) days from the moment when the event has taken place or when the User has become aware of it, at the latest.
- A complaint should include at least: the User’s first and last name, correspondence address and description of an issue covered with a complaint.
- The Service Provider shall consider a complaint without undue delay, within 14 (fourteen) days from the date of its effective filing at the latest.
- In justified cases, a time limit for complaint consideration may be extended provided that the User is informed about ongoing clarification proceedings and about an expected date of a final answer, and if the User has failed to submit all necessary data – about the missing data.
- The Service Provider shall inform the User about complaint resolution to an address indicated by the User.
- If a complaint is not accepted or if a complaint is not resolved in accordance with the User’s request, the User may request of the Service Provider to reconsider the complaint within 14 days from the date when the User has been informed by the Service Provider of the complaint resolution.
- During the Agreement’s term, the Service Provider and the User can mutually share confidential information. Each Party to the Agreement undertakes not to disclose to any third parties the above information without the other Party’s explicit consent. Any confidential information must be marked as confidential, unless its confidential nature results from circumstances and is evident.
- Information shall not be deemed confidential if on the date of its disclosure, the information:
- had been earlier publicly announced;
- had been earlier known to the receiving Party.
- The Parties undertake to take relevant steps to ensure confidentiality of any information and data shared with the other Party or obtained during the performance of the Agreement.
- The above confidential information related obligations shall remain in force for a period of ten (10) years from an information disclosure date.
12. Final Provisions
- No person other than the Service Provider, the User and the company or other organization they represent, has any right to enforce the Agreement.
- To waive a right under the Agreement, the waiver must be in writing and signed by the waiving Party.
- The Service Provider is an independent contractor of the User, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under the Agreement.
- Any notices given by the Party under the Agreement shall be delivered to the other Party via e-mail.
- Any disputes related to the provision of the Services shall be settled by Norwegian courts of law. Before taking any court action, a Party must use best efforts to resolve any dispute under, or in connection with, the Agreement through good faith negotiations.
- If any provision of the Agreement is, or becomes, illegal, unenforceable or invalid, the relevant provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If such modification is not possible, the provision must be treated for all purposes as severed from the Agreement without affecting the legality, enforceability or validity of the remaining provisions of the Agreement.
- The Agreement sets out everything agreed by the Parties relating to the Services, and supersedes and cancels anything discussed, exchanged or agreed prior to the conclusion date. The Parties have not relied on any representation, warranty or agreement relating to the subject matter of the Agreement that is not expressly set out in the Agreement, and no such representation, warranty or agreement has any effect from the conclusion date.
- The User may not assign, novate, subcontract or transfer any right or obligation under the Agreement without the prior written consent of the Service Provider.