Terms of Use

Please read these Terms of Use carefully before accessing or using the website. The Site is offered to you conditioned upon your acceptance (without modification) of any and all terms, conditions and notices set forth below (the "Terms of Use").

These Terms of Use contain information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing or using Site, you agree to be bound by these Terms of Use. If you do not wish to be bound these Terms of Use (or any future updated version of these Terms of Use) you may not access or use the Site.

1. GENERAL

1.1 The contractual relationship between you as a user (hereinafter "you" or the "User") and NCC Sverige AB, reg. no. 556613-4929, VAT no SE556613492901, 170 80 Solna (hereinafter "NCC", "we", "our"), your access or use of the Site is governed by these Terms of Use.

1.2 By accessing or using the Site, you acknowledge and confirm your full acceptance of these Terms of Use and that you understand the rights, obligations, terms and conditions set forth herein.

1.3 As a condition of your use of and access to the Site, you hereby represent and warrant that (i) you are at least eighteen (18) years of age, (ii) all information supplied by you via the Site is true, accurate, current and complete and (iii) you possess the legal authority to enter into these Terms of Use and to use the Site in accordance with all terms and conditions herein.

1.4 Although NCC constantly takes measures to ensure that descriptions and photographs displayed on the Site accurately reflects the object of such descriptions and photographs, any descriptions and photographs should be viewed as estimates, unless otherwise expressly stated. Please note that photographs and other images may be perceived differently depending on technical characteristics and colour resolution of the device used to access the Site.

2. USE OF THE SITE

2.1 At all times and at our sole and absolute discretion, NCC reserve the right to deny access to the Site (or parts thereof). Furthermore, the content and features of the Site may be adapted or have different availability depending on your location and the information provided in your user profile. For example, certain content may only be available for and accessible to users at a certain geographic location or fulfilling certain criteria set by NCC.

2.2 You are responsible for ensuring that your use and access of the Site at all times complies with these Terms of Use and any directions and instructions provided by NCC from time to time.

2.3 When you access or use the Site (or parts thereof) you represent and warrant that you will not:

a) breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations or third party rights;
b) gain access (or attempt to gain access) to any area where you do not have a right or permission to be;
c) modify any file or any other part of the Site that NCC does not specifically authorize you to modify;
d) collect information about other users without their consent;
e) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
f) frame, mirror or otherwise incorporate any part of the Site into any other website, software or service without our prior written authorization;
g) bypass, circumvent or interfere with any technical measures used by us to provide the Site;
h) sell, buy, trade or otherwise transfer your user account, any personal access to the Site or any content associated with your user account; or
i) impersonate another person or falsely imply that you are an employee or representative of NCC.

2.4 If you (in NCC's view) act in breach of these Terms of Use or otherwise abuse user names, passwords, the Site, NCC reserves the right to (i) limit, suspend and deny your access to the Site; (ii) remove any of your User Generated Content (as defined below in Section 4.1); (iii) remove any special status or benefits associated with your account; (iv) take technical and/or legal steps to prevent further use of the Site; and (v) terminate your user account.

2.5 Please note that there may be times when the Site (or parts thereof) is unavailable due to technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).

3. USER ACCOUNTS

3.1 Certain use and access to the Site may require the creation and use of a user account. To create a user account, please follow the instructions provided on the Site. User accounts are personal and may not be transferred to any other person.

3.2 You are solely responsible for all use of the Site through your user account. If your user account gets lost or stolen or if you become aware of any known or suspected unauthorized use of your user account, you are required to immediately notify NCC and to change your password. You are solely responsible for all use and transactions through your user name and password, until such notification is made to NCC.

3.3 You are responsible for taking the necessary precautions to keep your user account, user name, password and other login credentials strictly confidential. If you give out, disclose or lose your user name and/or password, NCC is not liable for any damage or loss arising therefrom.

3.4 You must always provide and maintain valid, complete and correct information to NCC. You are obligated to provide any documents in writing that NCC may find necessary in order to confirm the correctness of the information provided by the User in connection with registration or verification procedures.

3.5 If you delete a user account, or if NCC deletes your user account in accordance with these Terms of Use, you acknowledge and agree that you may lose access to any data associated with your account (including, but not limited to, any special status associated with your account).

4. USER GENERATED CONTENT

4.1 Please be aware that you are solely liable for any postings, images, comments, suggestions, ideas, data, videos, information, details, text, communications and other material published or submitted via the Site, or otherwise provided by you to NCC (jointly "User Generated Content").

4.2 By providing, publishing and/or disclosing User Generated Content, you represent and warrant to NCC that you have the ownership rights and/or that you have obtained all required licenses and permissions from any necessary parties, to use the User Generated Content and grant NCC the rights to use User Generated Content (and parts thereof) as specified in these Terms of Use.

4.3 You are in the best position to determine whether your User Generated Content risk violating any third party rights, including that all necessary consents have been obtained from individuals depicted in User Generated Content. Therefore, you hereby agree to defend and hold NCC harmless from and against any and all third party claim arising out of or relating to NCC's use, disclosure or publication of User Generated Content as contemplated by these Terms of Use.

4.4 By providing, publishing and/or disclosing User Generated Content, you hereby grant to NCC and its affiliates a global, non-exclusive, sub-licensable, royalty free license to use, edit, reproduce, modify, disclose, distribute, create derivative works from and/or publish such content on the Site. NCC reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use or otherwise make User Generated Content available.

4.5 NCC does not edit or control User Generated Content posted to or distributed via the Site, and will not be in any way responsible or liable for User Generated Content. With that said, NCC reserves the right to delete and remove any and all User Generated Content that, in NC's view, is in breach of the Terms of Use and/or applicable laws, rules or guidelines.

4.6 You acknowledge and agree that you rely on User Generated Content provided by other users at your own risk and that NCC to the extent permitted by applicable law expressly disclaims any liability for User Generated Content.

5. LICENSE

5.1 You are hereby granted a personal, non-exclusive, non-transferrable, non-sub licensable and limited right to access the Site on the terms and conditions included in these Terms of Use. NCC reserves all rights not expressly granted to the User under these Terms of Use.

5.2 The User's right to use the Site is subject to the User's continued compliance with these Terms of Use and applicable third party terms and conditions.

5.3 You may not copy, modify, change, reverse engineer or disassemble the Site (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material. You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of the Site.

5.4 You may not lend, rent out or otherwise permit anyone else to make use of or otherwise dispose of the Site(or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material.

5.5 NCC's trademarks, trade names and other signs included or referenced on the Site (the "Marks") are protected by national and international trademark laws. All use of the Marks is strictly prohibited without NCC's prior written approval. The Marks may not be used in connection with any product or service that is not approved by NCC or in any manner that is likely to cause confusion among customers or that disparages or discredits NCC.

5.6 You hereby undertake to immediately inform NCC regarding any claims from third parties arising out of or relating to your use of the Site (or parts thereof) infringes such party's rights.

6. OWNERSHIP

6.1 Any and all content on the Site, including text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material are owned or licensed by NCC.

6.2 Nothing in this Agreement shall be interpreted as a transfer of any of NCC's material or intellectual property rights to the User.

6.3 Save for User Generated Content, any and all rights created, developed or otherwise arising as a result of the use of the Site (or parts thereof) shall be automatically, free of charge and exclusively vest in NCC.

7. PERSONAL DATA AND OTHER INFORMATION

7.1 You hereby confirm that you have received information regarding our processing of your personal data, which is available here.

7.2 If you provide personal data attributable to anyone else, you warrant that such individual has reviewed and accepted the Terms of Use and received information and, where relevant, given his or her consent regarding our processing of his or her personal data.

8. LIABILITY, NON-WARRANTY AND INDEMNITY

8.1 PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS NCC'S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF USE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SITE.

8.2 NCC endeavors to keep the Site available at all times and to correct errors and defects without unnecessary delay. However, NCC neither represents nor warrants that the Site provided by NCC will be continuous, uninterrupted or error-free or that any defects will be corrected. Unless specifically agreed in writing, the Site and/or any other Service provided by NCC are provided on an "as-is" and "as available" basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose.

8.3 You acknowledge and accept that the Site may become unavailable due to planned or unplanned service, maintenance and/or updates.

8.4 NCC expressly disclaims any liability in relation to User Generated Content.

8.5 If the Site contain links to websites or resources provided by third parties, such links are only provided for informational purposes, and NCC has no control or liability for the content of such websites or resources.

8.6 You are responsible for the communication between your hardware and the Site, and that you have the hardware and software necessary to access and use the Site. You are solely liable for defects and limitations in your own software, hardware or telecommunications services.

8.7 Subject to willful misconduct or gross negligence and to the maximum extent permitted by law, NCC is only liable for direct damages caused due to NCC's negligence and not for any indirect damages, including, but not limited to, loss of profits, business interruption, reputational harm, or loss of data (even if NCC has been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the Site.

9. LINKS

The Site may provide links or references to other websites. NCC has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links. NCC does not have any responsibility for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. For the avoidance of doubt, NCC neither endorses nor verify the content, offerings or conduct of third parties. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. NCC reserves the right to terminate any link or linking program at any time.

10. FORCE MAJEURE

Any failure or delay by NCC in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of NCC. NCC does not accept any liability for the consequences arising out of any such force majeure events.

11. ENTIRE AGREEMENT, AMENDMENTS AND CHANGES

11.1 Unless otherwise expressly agreed in writing, these Terms of Use constitutes the entire agreement between NCC and the User concerning the Site, and replace all earlier agreements and understandings between us.

11.2 NCC reserves the right to amend or change these Terms of Use at any time. Any changes to these Terms of Use will be notified to Users in advance and will enter into force upon acceptance by the Users. If you do not accept the amended or new Terms of Use you may not access, use or continue to use the Site. NCC advises you to periodically review the Terms of Use in order to be informed of any changes.

11.3 NCC reserves the right to change or modify the content of the Site at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. NCC may suspend, discontinue or restrict access to any portion of the Siteat any time and without notice.

11.4 By using the Site after amendments and/or changes have entered into force, you have agreed to any and all such amendments and/or changes.

11.5 NCC does not undertake to archive previous versions of these Terms of Use. Instead, NCC recommends that you print and save a copy of each and every version of these Terms of Use.

12. ASSIGNMENT

Without NCC's prior written consent, you may not transfer any of your rights granted under these Terms of Use.

13. SEVERABILITY

If at any time any provision of these Terms of Use is or becomes invalid, illegal or unenforceable under applicable law, the validity, legality and enforceability of the remainder of these Terms of Use shall not be affected. In the event any provision is held in any proceeding to be invalid, illegal or unenforceable, the deficient provision shall be replaced with a new provision permitted by applicable law and having an economic effect as close as possible to the deficient provision.

14. GOVERNING LAW AND DISPUTES

14.1 If you have any concerns or complaints, please contact NCC at gdpr@ncc.se.

14.2 By accessing the Site, you agree that all matters relating to your access to and use the Site shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.

14.3 If you are using the Site as a trader, you acknowledge and agree that any dispute arising out of your use of the Site shall be exclusively settled by the courts of Sweden, with the District Court of Stockholm as the court of first instance.

14.4 If you are using the Site as a consumer, any dispute arising out of your use of the Platform, the Site shall be settled by the courts of Sweden, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

14.5 As a consumer, you are also entitled to have disputes arising out of these Terms of Use or your use of the Site via alternative dispute resolution, provided that the dispute fulfils the requirement thereof (for example requirements pertaining to time and value). NCC undertakes to contribute to alternative dispute resolution with consumers under the law on alternative dispute resolution in consumer relations. Relevant body for dispute resolution is:

Allmänna reklamationsnämnden
Box 174, 101 23 Stockholm
www.arn.se

The European Commission has developed a platform for dispute resolution out-of-court. This enables you to resolve dispute in connection with online orders, without having to initiate a court proceeding. The platform is available at the following link: http://ec.europa.eu/consumers/odr/

14.6 Sections 14.2 and 14.3 shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.