Terms and Conditions
Service Provision Agreement and Terms and Conditions for the use of the digital service platform provided by Compound AS on the website www.compound.as, domains, and subdomains. Last updated June 28, 2024.
1. CONTRACTUAL RELATIONSHIP
These terms and conditions (the "Terms" or "Terms and Conditions of the Site") regulate the access or use by any person of the applications and web pages made available by Compound AS (the "Company"), including its subsidiaries or affiliates, as well as its content, products, and services. These include (but are not limited to) the services mentioned below and those offered through the website located at https://www.compound.as, domains, and subdomains (the "Platform"). Therefore, anyone who wishes to access or use the Platform or use the services offered therein must read these Terms carefully. The Company reserves the right to unilaterally modify, add or delete, at any time and without prior notice, these Terms and the configuration of the Platform and/or the services offered therein. Access or use of the Platform, the Applications (as defined below), as well as the use or access to the services offered on the Platform, constitutes the person doing so as a user of the Company, the Platform, or the Applications (the "User" or "Users," as appropriate). By accessing and using the Services and/or the Platform, the User agrees to be legally bound by these Terms and Conditions of the Platform, which establish a contractual relationship between the User and the Company. Notwithstanding the above, the User acknowledges that the contracting of some services may be subject to certain specific conditions that, as the case may be, replace, complement or modify these Terms (the "Specific Agreements"). Therefore, before accessing and using such Services, the User must review in detail the corresponding Specific Agreements that from time to time are made known to Users through the Platform. For information about the personal data protection practices and general information applied by the Company, please refer to our Privacy Notice for the treatment of personal data on the Platform. These policies explain how the Company handles your information and how it protects your privacy when using the Services. The Privacy Notice explains how personal data collected directly by the Company through your use of the Services will be treated.
2. ACCEPTANCE
These Terms are applicable to access, use, or entry to the Platform, as well as the Services provided by the Company to any User, unless otherwise expressly indicated. By accessing and using the Platform and/or opening an account, the User expressly declares acceptance of these Terms. The User declares to be of legal age and in full use and exercise of their faculties to contract and assume all kinds of obligations, stating that they will be responsible for the same and no one else. The User accepts and acknowledges that the acceptance of these Terms does not create any partnership, mandate, franchise, or employment relationship between the Company and the User.
3. DESCRIPTION OF SERVICES
The Company will provide services consisting of (i) collecting information provided by the User (the "Information"), (ii) managing and analyzing the Information as indicated from time to time by the User through the Platform, (iii) making available to the User, or the persons designated from time to time (the "Authorized"), or any other electronic means owned by the Company for the purpose of obtaining data from the Authorized or the User, (iv) connecting the User with manufacturers, distributors, wholesalers, and buyers of pharmaceutical products and medical devices, (v) making available to Users the technology platform contained on the Site compound.as for the publication, sale, purchase and redistribution of pharmaceuticals and medical devices; (vi) any other similar service, and, in consideration, the User agrees to pay a consideration to the Company (the "Services") if specified. The Company will collect Information from Users through various questionnaires, and the Company will make available to the User various analyses of the Information as requested by the User from time to time through the Platform. The Company will act as a liaison between Users. The Company will support the User in managing the publication process of products and sale and purchase of said products chosen by the User. The Company will make available to the User the Platform https://www.compound.as for the opening and registration of a Compound Profile, as well as the possibility of purchasing and selling certified and regulated products from other certified users (GDP and GMP certified) through the platform. The User agrees to be solely responsible for the use of and transactions executed by this Profile in accordance with these Terms. The Company does not transport, store, or handles any products purchased or sold through the platform, acting as a technological intermediary between the platform user, and thus does execute activities regulated or supervised by any authority. Therefore, the User declares under oath and agrees that the transactions done through their Compound Profile are their responsibility, stating that they fully understand the provisions relating to the attempted transaction of illicit products and their consequences. Furthermore, they agree not to register the Compound Profile within the Platform for the creation of a user on behalf or account of any third party, whether individual or legal entity, and will always act on their own behalf or on behalf of the party which they directly represent. The User accepts and agrees that they are solely responsible for all Information and content they publish on the Platform. The User agrees that the Company assumes no responsibility regarding the data collected and subsequently provided to the User, and thus the User hereby waives any legal or extrajudicial claim that may arise from the data provided by the Company. By using the Platform or the Services, the User agrees that any legal remedy or liability they seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the Users or third parties responsible for the damages. The User agrees not to attempt to impose liability on the Company or seek any legal remedy from the Company for such actions or omissions. The Company will charge for the Services or any additional service according to the transactions/agreements executed within the platform and the plan chosen by the User through the Platform or the Applications. The User authorizes the charge for the consideration for the Services or any additional service to the provided account or card provided through the Platform or by one of the payment methods described on the Platform. In the event that the User owes any amount to the Company, the Company may (but is not obligated to) invoice the payee the amount owed from any payment due to the User and offset this amount with the amount owed by the User to the Company. If the Company proceeds as indicated above, the payment obligation assumed by the User towards the Company will be extinguished to the extent of the invoiced amount, and the Company will no longer have any obligation towards the User (including any payment obligation towards the User) regarding the invoiced amount. The Company may ask the User to provide usual billing information such as name, Organization number, billing address. The User and the Company will be responsible for paying their taxes in accordance with applicable legislation. Additionally, the Company will not be responsible for any obligation the User must fulfill for the payment of their taxes. The User acknowledges and agrees to provide the corresponding information. When applicable, or at the User's request, the Company may issue an invoice covering the provision of the respective Services. The consideration mentioned in the previous paragraphs may be waived by the Company at its sole discretion without the need to give any notice.
Obligations of the Company and the User
User obligations
1. Comply with these Terms
2. Comply with the terms and conditions of the respective authority certification bodies for GDP and GMP certification.
3. Pay the consideration indicated by the Company under the terms and conditions agreed herein,
4. Notify as soon as possible of any change in their name, address, phone number, email, and any updated or modified information of both the company they represent and personally,
5. Use the Platform and the Services only legally and in accordance with applicable legislation,
6. Provide the Company with true and correct information to provide the Services,
7. Not access or attempt to access any of the Services by any means other than the Platform, unless otherwise agreed in writing between the Company and the User,
8. Not access, or attempt to access, any of the Services using automated means, including scripts or web crawlers, and ensure compliance with the instructions provided in this document, the Privacy Policies, and the Platform and all its subdomains,
9. Not engage in any activity that interferes with or disrupts the Services or the servers and networks connected to them,
10. Not reproduce, duplicate, copy, sell, trade, or resell the Services for any purposes.
Company obligations
1. Be a digital platform linking the respective Users to improve the redistribution of pharmaceuticals and medical devices to decrease shortages of the such.
2. Provide users the opportunity to purchase or sell authorized products through the platform, with the information provided through our platform and based on our privacy policy,
3. Provide digital oversight of products available in the European market,
4. Advise and guide the User to obtain other products and services available on the site, emphasizing that the Platform does not provide any actual products and only acts as a link between the Users,
5. Manage the initial quality assurance, KYC, and AML processes for the User to enhance and simplify the user experience.
4. PASSWORDS, ACCOUNT SECURITY, AND PROFILE
The User acknowledges and accepts that they are solely responsible and have sufficient and necessary faculties to bind themselves in terms of these Terms. If the above is incorrect, the User will be responsible for the damages and/or losses caused and must hold the Company harmless from any controversy in this regard. The User is solely responsible for maintaining the confidentiality of the password and/or access keys associated with any accounts and profiles they may use to access the Services. The User agrees to be solely responsible to the Company for all activities conducted on the platform or profiles. The User is aware that the persons authorized to act on the platform or profile must be duly empowered and authorized, so if these persons cease to work for the User and/or no longer have the necessary faculties or authorizations to act on their behalf, the User will be responsible for making the necessary modifications to prevent misuse of the platform or profile. The User agrees to immediately notify the Company of any unauthorized use of their password that they become aware of. The User acknowledges that there are various scams that use the network to conduct illicit transactions such as Smishing, Phishing, Pharming, etc. For this reason, it is the responsibility of each User to implement the corresponding measures to avoid falling victim to any of these crimes. The User agrees that they are solely responsible for ensuring that their profile is created by a person duly authorized for this purpose. If an account is created by an unauthorized person, the User must hold the Company harmless from any controversy in this regard and, if applicable, cover the payment of damages and/or losses caused to the Company. Likewise, the Company will not be responsible at any time for the damages caused by the above, so the User cannot claim any compensation from the Company for any suffered damage.
5. ACCESS AND USE OF THE PLATFORM AND SERVICES
Notwithstanding the above, the User acknowledges that, unless explicitly stated otherwise, within the Platform or Applications, there are services and/or products that can only be used by contracting the corresponding service or product, which entails the payment (or the obligation to make the payment) of a consideration, commission, or remuneration and may also require the execution of a Specific Agreement for such purposes. Additionally, the User acknowledges that, unless explicitly stated otherwise, the Platform shows and offers services and/or products that will be provided by third parties unrelated to the Company, so it will not be responsible for the legal relationship that, if applicable, is established between said third party and the User. The Company will only provide its Users the possibility of using the Services, so the User will be solely responsible for having the necessary equipment, software, and hardware to establish the connection and access to the Internet. The User will be responsible at all times for the costs associated with such access and/or connection. The Platform may request access to any function of the User's mobile device. The User may grant permission for the Platform to access the functions. The User acknowledges and agrees that if they do not authorize the Platform to access any function of the mobile or web device, the Company will not be able to satisfactorily provide the Services, and in this act, the Users acknowledge and agree not to make any claim, whether legal or extrajudicial, for any failure or omission in the provision of the Services, derived from the aforementioned assumption, releasing the Company from any damage or loss that could cause such assumption. The Company grants the User a limited, non-exclusive, non-transferable license, from which the User will not obtain any royalty, to download and install a copy of the Applications on each mobile device or computer they own or control, and to run such a copy of the Applications exclusively for their personal use. The above license does not apply to the Services provided by the Company. The User agrees to use and access the Platform or the Applications and use the Services in accordance with the law, morals, good customs, and public order applicable in Norway, as well as in the country where they are located when using the Platform, Applications, and/or Services, refraining from using the Platform, Applications, and Services for unlawful purposes, harmful to the rights and interests of third parties, contrary to these Terms or for seditious or clandestine purposes or that in any way may damage, modify, disable, overload or deteriorate the Platform and/or prevent its normal use by other Users, in which case, the Company may suspend access to the Platform, Applications and/or Services, and the User will have 2 (two) calendar days to remedy at their own cost the damages or modifications made or express to the Company what they deem appropriate, with the Company being authorized at all times to demand reparation of the damage and/or the application of the penalties or sanctions that may result for unauthorized use of the Platform, Applications, and/or Services. The User will be solely responsible for the use given to the contents and/or services shown on the Platform or Applications. In cases where the User uses those services that, by their nature, allow them to introduce any content to the Platform and/or Applications and make it accessible to other Users, such as email services, virtual chat services, virtual forums, and other platforms (the "Open Forums"), the User agrees to use them in accordance with applicable laws, morals, good customs, public order, and these Terms. By way of example but not limited to, the User agrees and is committed not to use the Services to:
1. Introduce, post, email, or otherwise transmit any content that contravenes applicable laws, regulations, or provisions; morals, good customs; or harms, threatens, abuses, attacks, defames, slanders, violates the privacy of third parties, generates racial and/or ethnic and/or religious hatred or is otherwise contrary to these Terms, in which case the Company may suspend the Services to the User immediately, and the responsible User will have 2 (two) calendar days to remedy such use or express to the Company what they deem appropriate, with the Company being authorized at all times to demand reparation of the damage and/or the application of the penalties or sanctions that may result for unauthorized use of the Platform, Applications, and/or Services;
2. Impersonate another person, entity, or User; introduce false, altered, or distorted data, causing error, confusion, misunderstanding, or deception;
3. Falsify headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform or Applications;
4. Introduce, post, email, or otherwise transmit any content to which they do not have the right to transmit under any law or provision, or under any contractual or fiduciary relationship (such as insider information, proprietary or confidential information disclosed as part of an employment relationship or under confidentiality agreements);
5. Introduce, post, copy, and / or email or otherwise transmit any content that infringes any copyright, patent, trademark, trade secret, reproduction rights, or any other intellectual and / or industrial property right of any third party and / or the Company;
6. Introduce, post, email, or otherwise transmit any advertising, promotional material, junk mail, chain letters, pyramid schemes, or any other form of solicitation;
7. Introduce, post, email, or otherwise transmit any material containing malicious codes(viruses), computer programs or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
8. Disrupt the normal flow of dialogue, cause the screen to scroll(scroll) at a speed at which other Users of the Services cannot type through the computer keyboard, or otherwise act in a way that adversely affects the ability of other Users to interact in real time;
9. Interfere with or disrupt the Services and / or the internal servers or networks connected to the Services;
10. Violate any applicable law in Norway, the User's place of residence, and/or the place where the User is located when accessing the Service, whether such law is municipal, provincial, local, state, federal, or international, as well as any regulation with the force of law, whether intentionally or unintentionally;
11. Stalk or otherwise harass another person or User;
12. Collect, extract, collect or store personal data about others;
13. Engage in any activity contrary to good customs;
14. Discredit or attempt to discredit the products or brands of the Company or third parties, whether national or foreign, through alterations and / or modifications of their designs, names, or through phrases or sentences intended to denigrate or demean such products or brands or that are contrary to good customs, morals, or the law.
6. AUTHENTICATION OF IDENTITY
The Company may be required to collect certain information to identify its customers and, in some cases, report to the Tax Administration Service on the occurrence of certain activities called "Vulnerable" under the Federal Law for the Prevention and Identification of Operations with Illicit Resources and its Provisions ("AML"). Therefore, the User authorizes the Company, directly or through third parties, to ask any question or conduct any investigation it deems necessary to validate their identity and/or authenticate their identity and information for the use of the Services and the Platform. This may include, but is not limited to, information and/or documentation about the use of the Services or require them to take actions to confirm email address, mobile phone number, and verification of information in third-party databases or through other sources. This process is for internal verification purposes but may complement the identity verification processes of the authoritarian bodies. The Company also reserves the right to reject, suspend, temporarily or permanently, access to the Platform without any need to express cause to the User. In case of detecting inconsistencies or discrepancies in the information provided by a User or in case of detecting suspicious activities, the Company will automatically reject, cancel or suspend access to the Platform. In both cases, the Company's decision will not generate any indemnification or compensation rights for the User. For the User's security, the Platform requires them to use a multi-factor authentication method. At least one or two (2) forms of authentication must always be used to access their Compound Profile. The Company will not be responsible for the use of authentication methods by the User. The Company will not be responsible if the User falls victim to Phishing, neglects their account or Compound Profile passwords, provides them to third parties, or any other type of negligence on the part of the User.
7. FISCAL AND LEGAL OBLIGATIONS
Each User will be responsible for all obligations and tax burdens corresponding to their operations on the Platform, and no responsibility derived from the Users' non-compliance can be attributed to the Company. The Company is not responsible for the effective fulfillment of tax or fiscal obligations established by current law and/or any other obligation arising from the provision of Services or Terms.
8. SYSTEM FAILURES
The Company is not responsible for any damage, loss, or harm suffered by a User caused by system, server, or Internet failures, nor is it responsible for any virus that may infect the User's equipment as a result of access, use, or examination of the Platform or as a result of any data, files, images, texts, or audio transfer contained therein. Users cannot attribute any responsibility or demand compensation for damages resulting from technical difficulties or system or Internet failures. The Company does not guarantee continuous or uninterrupted access and use of its Platform and Services. The system may be unavailable due to updates, technical difficulties, network failures, or any other circumstances beyond the Company's control; in such cases, it will seek to restore it as quickly as possible, without this attributing any responsibility to the Company or its linked companies, allied entities, or controlled entities.
9. ASSIGNING THESE TERMS TO A THIRD PARTY
Although the Company does not conduct pre-screening (pre-screen) of content, both the Company and the persons it designates for such purposes, at their discretion, have the right (but not the obligation) at any time and without prior notice to the Users, to review, refuse, remove, modify, replace, and/or move any content available through the Platform or the Applications, and the Company may suspend access or any service to the User for such reason and at its complete discretion without prior notice and without any responsibility. The same power and right will have the Company to remove any content that violates applicable laws or these Terms without any judicial declaration or that otherwise signifies or implies an objection and/or contradiction to it or that, in its own judgment and discretion, is contrary to good uses and customs, morality, the law, or contrary to the interests of the Company. The Company states and the User acknowledges that it is the exclusive responsibility of the Users to evaluate and assume the risks associated with the use of any content, including related to the accuracy, completeness, or usefulness of the content. Therefore, the User states and acknowledges that they cannot rely on the content accessible through the Platform or the Applications.
10. USE OF CONTENT
The User must refrain from obtaining or using illegal or even attempting to obtain or use illegal content through the Platform or the Applications, through procedures other than those, if any, made available or indicated for such purposes, or generally, those habitually used on the Internet for this purpose. The User agrees to use the content of the Platform and the Applications diligently, correctly, and lawfully, so otherwise, the Company may (at its sole discretion) suspend the Services to the User immediately, and the User will have 2 (two) calendar days to remedy such use or express to the Company what they deem appropriate, with the Company being authorized at all times to demand reparation of the damage and/or the application of the penalties or sanctions that may result for unauthorized use of the Platform, Applications, and/or Services. Furthermore, the User, in particular, will refrain from: a) Using the content of the Platform and Applications in a way, for purposes, or effects contrary to the laws and/or applicable provisions; morals, good customs, and/or public order applicable in Norway; in the User's place of residence, and/or the place from where they access the Services; b) Reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the content of the Platform or Applications without prior authorization from the holder of the corresponding rights or the Company; c) Removing, circumventing, or manipulating copyright, trademarks, patents, "copyright," and other identifiable data of the Company's or its holders' rights incorporated into the content of the Platform or Applications, as well as technical protection devices, digital fingerprints, or any information mechanisms that may contain the content of the Platform or Applications; and d) Using the content of the Platform or Applications and, in particular, any information obtained through the Company or the Services for their benefit or to send advertising, direct sales communications, or any other commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, and refrain from commercializing or disclosing such information in any way. e) Attempt to circumvent the applicable transaction fees by otherwise establishing a channel of communication outside the platform to reach a sale or purchase agreement. Any content of the Platform or Applications that is downloaded by the User through the Platform or Applications will be at their discretion, responsibility, and risk, so the User will be solely responsible for any damage to their equipment, device, computer, or system, as well as for the loss or impact of data contained therein.
11. DISCLOSURE OF UNSOLICITED INFORMATION AND/OR CONTENT
If the User chooses to post and/or send any type of content, which includes but is not limited to, trademarks, patents, copyright, logos, symbols, and any other intellectual or industrial property rights, to be included in areas of the Platform or Applications accessible to the general public, whether through photos, texts, videos, codes, or any other means, the Users agree to grant the Company for free the license and/or universal, irrevocable, non-exclusive, and fully sublicensable right, for the use, reproduction, modification, adaptation, publication, translation, distribution, execution, and presentation of such content (in whole or in part), to incorporate it into another work or work in any form, medium, or technology now known or developed later. If the User does not agree with what is stated in the preceding paragraph, they must refrain from sending unsolicited content and/or material to the Company.
12. APPLICATION MODIFICATIONS
The Company may at any time and when it deems appropriate, without prior notice to the User, make corrections, additions, improvements, or modifications to the content, presentation, information, Services, areas, databases, and other elements of the Platform without giving rise to any claim or compensation, nor does it imply recognition of any responsibility in favor of the User. It is the exclusive responsibility of the User to ensure they are aware of such modifications. The Company reserves the right to delete or modify the content of the Platform and will not be responsible for any failure or delay caused by deleting such material. Under no circumstances will the Company be responsible for any damage and/or harm, direct or indirect, caused by the User's reliance on information obtained through the Platform. The Company does not guarantee that the Platform will meet all the User's requirements or that the Application Services will always be uninterrupted, timely, secure, or error-free.
13. COPYRIGHT AND INDUSTRIAL PROPERTY
The User acknowledges that the Platform, Applications, and any software necessary to be used in connection with the Platform, Applications, and/or Services may contain proprietary and confidential information that may or may not be protected by intellectual property laws and other applicable laws. The User states they are aware and agree that the content in the advertising of sponsors or advertisers and/or information presented to their attention through the Platform or Applications or from sponsors or advertisers may be protected and/or limited in use by copyright, reproduction rights, trademarks, patents, or other rights of property and laws. Except as expressly authorized and specifically stated by the Company, its sponsors, or advertisers, Users agree not to modify, copy, reproduce, rent, lend, sell, distribute, or create works based on the information and/or content displayed or offered through the Platform, Applications, and/or works derived and/or based on the Services. All names, signs, domains, notices, and other industrial or intellectual property rights related to the Company used on the Platform or Applications are trademarks owned by the Company. The User agrees not to reproduce, duplicate, sell, or exploit for commercial reasons the entirety and/or any portion of the Services, the Platform, Applications, or content under any circumstances.
14. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS
In the event that the User or any third party considers that any of the contents found or introduced on the Platform or Applications violates their intellectual and/or industrial property rights, they must send a notification to the Company at the following email address post@compound.as, indicating at least: (a) personal data (name, address, phone number, and email address of the claimant); (b) the autograph signature with the personal data of the holder of the intellectual and/or industrial property rights or the person duly authorized to act on behalf of the holder of the intellectual and/or industrial property rights that are considered invaded and/or violated; (c) the precise and complete indication of the protected content(s) by the intellectual and/or industrial property rights allegedly invaded or violated, as well as their location on the Platform or Applications; (d) an express and clear statement that the introduction of the indicated content(s) has been made without the consent of the holder of the intellectual and/or industrial property rights allegedly invaded and/or violated; (e) an express, clear, and under the responsibility of the claimant statement that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of their intellectual and/or industrial property rights.
15. ADVERTISING
If the User wishes, they may correspond with or participate in promotions of the sponsors or advertisers showing their products and/or services on the Platform or Applications. Any such correspondences or promotions and any other terms, conditions, guarantees, or representations associated with such correspondences or promotions are understood to be exclusively between the respective User and the advertiser and/or sponsor, and the Company will not be responsible for the accuracy, functionality, content, compliance, and quality of such products and/or services or the payment made to such person. Therefore, the Company does not assume nor will it assume any responsibility or obligation in this regard, nor can it or will it be responsible for any of these correspondences or promotions nor will it be responsible for any loss incurred as a result of such dealings or as a result of the presence of such sponsors or advertisers in the Service. The Company does not offer any guarantee regarding its own and/or third-party information, so the User hereby agrees not to make any claim in this regard against the Company.
16. INDEMNIFICATION
In all cases mentioned below and/or derived from these, the User accepts their responsibility and agrees to indemnify, hold harmless and protect the Company, its directors, officers, employees, collaborators, suppliers, agents, and/or shareholders, from any claim and/or demand, including reasonable attorney fees and court costs, made by third parties due to or derived from: (a) the content provided, published, emailed, Open Forums, or other Services of the Company or otherwise transmitted through the Platform or Applications; (b) the use of the Services; (c) the connection to or access to the Platform or Applications; (d) any violation of these Terms or the Specific Agreements; or (e) any infringement and/or violation of any property rights, copyrights, trademarks, or other rights of any person or entity.
17. DURATION AND TERMINATION
The provision of the Service of the Platform and other contents and Services are, in principle, of indefinite duration. However, all Users accept and agree that the Company, at its sole discretion, at any time and without prior notice or judicial declaration, may terminate or suspend the use of all or part of the Services for any cause or reason, recognizing that the Company will not be responsible to Users or third parties for such termination or suspension.
18. SERVICE POLICIES
Users accept and acknowledge that the Company may establish at any time and without prior notice to Users, general and specific practices and policies as well as limitations concerning the Services, provided that they are published on the Platform or Applications, from which they will apply to Users.
19. LIMITATION OF LIABILITY
The User acknowledges and agrees that the Company only acts as a liaison between the Users, so the Company does not guarantee that the User will satisfactorily obtain the products offered by other users, or manage to sell their own product. The Company is not responsible for any fees or charges that other users, custom clearance fees, import/export fees and/or fees transportation companies may charge related to the product contracted by the User. The Company is not responsible for any commission charged by any third party, nor is it responsible for the actual payments done by users, or claims users might have about said payments or products transacted. The Company is not responsible at any time for the products purchased or sold by the User to/from another respective User or party. The Company is also not responsible for any damage or loss suffered by the User as a result of the purchase or sale of products through the platform. The Company does not guarantee that the Services, the Platform, or the Applications: (a) meet the appropriate, required, or expected requirements for or by each of the Users; (b) are uninterrupted; (c) arrive on time; (d) arrive at a certain speed; (e) arrive without errors; (f) or that the results obtained from using them are accurate and/or reliable. The Company does not guarantee that the errors on the Platform, Applications, or the Services software are or can be corrected in whole or in part, so the Company is not obligated to make any concession in this regard. The Company will not be responsible for direct, indirect, moral, special, or consequential damages resulting from the use of the Platform, Applications, or Services.
20. APPLICABLE LAW
The User expressly and irrevocably agrees that these Terms, as well as the general relationship between the User and the Company, will be governed and interpreted in accordance with the laws of Norway. In case of controversy, the User and the Company expressly agree to submit to the jurisdiction of the Courts of Oslo, Norway, waiving any other jurisdiction that may correspond to them due to their present or future domicile.
21. WAIVERSS
The failure of the Company to exercise or enforce any right or provision of these Terms or the Specific Agreements will not constitute a waiver of such right or provision unless recognized and accepted in writing by the Company.
22. VALIDITY AND INTERPRETATION
In the event that any of the provisions contained in these Terms or any of the Specific Agreements is found invalid by a competent court or tribunal or is impossible to enforce, both parties agree to request the court or tribunal to strive to give effect to the intention(s) of the parties as reflected in such provisions. However, the remaining provisions contained in these Terms will remain valid and in full legal force.
23. CLAIMS
Any claim or action resulting from or related to these Terms or the use of the Platform or Services or Applications must be filed within two months immediately following the date on which the event giving rise to the claim or legal action occurred, or the right to do so will be lost. The User agrees to the foregoing without prejudice to the provisions or stipulations in legislation or provisions that indicate otherwise.
