REGULATIONS GOVERNING THE USE OF THE SIMPLE EQUIPMENT MANAGEMENT (SEM) APPLICATION/WEB PLATFORM
2. The services available through the Application are provided by Delta Media AS, a Norwegian private limited liability company with VAT nr. 916747330.
§ 1. Definitions
1. SEM Application – a free (to download) mobile application (software) and free (to look at without logging in) web portal turning smartphones/tablets into superior inspections tools allowing users to take pictures, make comments, create instant equipment reports, tyre reports, view and update the information about an equipment/asset and its relevant documents. All this happens through the applications using mobile devices connected to the Internet.
2. Regulations – this document setting forth the terms and conditions for using the Application.
3. Provider – Delta Media AS, a Norwegian private limited liability company with VAT nr. 916747330, administered by the laws of Norway.
4. User – an individual with at least limited legal capacity or legal person, or organisational unit without legal personality yet granted legal capacity by law; the User must register in the Application, accept the Regulations in order to use services rendered by the Provider.
5. Registration – an action performed by the User consisting in filling in the registration form made available (free of charge) by the Provider on terms provided for in the Regulations, required to get access to fully operating Application.
6. Password – a series of characters (numbers, letters, special characters) given by the User in the Registration process, necessary to gain access to the Account.
7. Account – part of the Application created by the Provider for the User after proper Registration, through which the User is allowed to perform specific actions.
8. Agreement – an agreement concluded between the User and the Provider for the provision of services by electronic means in accordance with the conditions set out herein.
§ 2. General provisions
1. The Provider is entitled to store and process the Users' personal data and owns the Application manager.
2. Downloading the Application is free of charge. Mobile applications such as SEM can be downloaded from the following app stores: Google Play (for the Android operating system) and App Store (for iOS).
4. Prior to the conclusion of agreement, the Provider shall make the Regulations available to the Users through the Application in a way which allows the latter to download, save and print the Regulations.
§ 3. Registration of the User
1. The User must be registered in order to access the Application. Registration is free of charge.
2. The Registration involves filling out the provided form with the required personal and address data and accepting the Regulations.
3. After Registration, the Company Admin/System Admin creates Users their Usernames and Passwords.
4. Upon successful Registration, the User and the Provider are considered to have concluded agreement for the provision of services by electronic means. The subject matter of such an agreement is to: maintain the User’s Account, provide the Users with access to the Account and full operations of the Application, assist a given User in concluding agreements with a given Service Provider offering its products through the Application, share commercial offers through the Application.
5. Upon Registration, the User consents to the storing of their personal and address data in the Application. The User also consents to the Provider storing and processing such data.
6. The User is allowed to access to and change data referred to in § 3(3).
7. The User is obliged to update their data immediately after any change thereto, not later than within 3 working days from the date of the change.
8. The User Account cannot be transferred to another User.
§ 4. Obligations of the User
1. The User is obliged to use the Application in a manner consistent with applicable provisions of law, the Regulations and principles of social coexistence, including general Internet and mobile applications principles.
2. The User is obliged in particular to:
a) use the Application without disrupting its operation,
b) use copyrighted materials available in the Application fairly (without acquiring permission from the rights holders),
c) use the Application without disturbing other Users and the Provider and respect personal rights of other Users (right to privacy) and other rights.
3. The User undertakes to each time notify the Provider of any infringement of their right in connection with using the Application.
4. The User will not change, bypass or break the Application security codes either alone or with the participation of third parties, neither will it take actions that cause damage to the Application or its overload.
5. The User has no rights to the content or materials shared by the Service Provider through the Application as they are the property of the Provider and therefore are subject to copyright protection. The User has the right to use such content or materials only under the fair use doctrine. Copying, modifying, distributing and reproducing the provided content or materials in part or as a whole is forbidden.
6. The User undertakes to prevent third parties from accessing the Application. The User is solely responsible for confidentiality and security of their account and obliged to immediately inform the Provider of any unauthorized use of their Account in the Application by third parties.
7. If the User breaches any obligation arising from generally applicable provisions of law and the Regulations while using the Application, the Provider shall be released from liability to third parties for such a breach. The User is obliged to pay compensation for damage suffered by the Provider resulting from violating any of the principles governing the use of the Application.
§ 5. Obligations and rights of the Provider
1. The Provider is responsible for services rendered by electronic means on terms set out by Norwegian law.
2. The Provider ensures that the Application is widely available that and all failures caused by a malfunction in the Application are repaired as soon as possible. However, the User is not entitled to claims for ensuring constant and uninterrupted availability of the Application.
3. The Provider is entitled to amend or modify these Regulations at any time for any reason. The Service Provider will be informed of such amendments via e-mail no later than on the day the amendments are implemented. The Service Provider may invoke his right to terminate the Agreement following such amendments, c.f. § 7 no. 4 below.
4. The Application is subject to technical ongoing supervision exercised by the Provider to ensure its proper operation. The Service Provider does not guarantee either constant availability of all functionalities of the Application or their error-free operation.
5. The Provider is not a party to agreement for services rendered by electronic means as it only assists the User and the Service Provider in concluding thereof. Agreements concluded through the Application create rights and obligations for both the Service Provider and the User.
6. The Provider is not liable for (i) damages resulting from breaching the rights of third parties by the Users, (ii) damages resulting from disruption to the availability of all or some of functionalities of the Application, and (iii) services, applications and websites provided by third party.
7. The Provider is not be liable for technical problems or limitations of ICT systems installed on mobile devices/web browser that prevent the User from making use of the Application and the services offered or hinder such use.
8. The Provider is not be liable for improper fulfilment or non-fulfilment of an obligation by the Service Provider resulting from any agreement concluded between them through the Application.
§ 6. Termination of use
1. Agreement for the provision of services by electronic means is concluded for an indefinite period of time.
2. The User may at any time cease using the Application, especially when they do not accept amendments to the Regulations or modifications to the Application. Should this be the case, the Application must be removed from mobile device and a request to delete the Account must be sent to an administrator to the following e-mail address: firstname.lastname@example.org.
3. If the User is found acting in a manner forbidden by law or by the Regulations or violates the principles of social coexistence, or harms justified legal interest of the Provider, in particular its reputation, the Provider is allowed to take all legal measures, including limited access to the Application and the services provided.
4. Both the User and the Provider are entitled to terminate agreement for the provision of services by electronic means at any time, without giving any reasons. Termination notice shall be served in writing and is effective upon delivery to the other Party. Having received the termination notice, the Provider shall immediately remove the User’s Account.
§ 7. Complaints
1. The User has the right to file a complaint about the Application operation and the services provided within 14 days from the occurrence of an event which caused the complaint and ask questions concerning the use of the Application by sending an email to the Provider's e-mail address: email@example.com.
2. The complaint should include the name and model of mobile device/web browser, current version of ICT system installed on the device, detailed description and reason for the complaint, and the Username. In addition, the complaint may include the User's full name and phone number.
3. The Provider shall consider the complaint within 30 working days of receiving the complaint. The User shall be notified of the complaint consideration by e-mail sent to an e-mail address indicated therein. If data or information given in the complaint are insufficient, the Provider, prior to considering the complaint, shall request the User to provide additional data or information. The 30-day period is extended by the time needed to provide additional explanations by the User.
4. The Provider is responsible neither for receiving and handling complaints concerning the products ordered from a given Service Provider nor their delivery as it only assists in concluding agreement for the provision of services by electronic means between the User and the Service Provider. To this end, the User shall directly contact the Service Provider handling their request. The Service Provider contact details can be downloaded by the User from the Application level.
§ 8. Personal data protection
2. All personal data of the User collected by the Provider are stored and processed in a way necessary for proper functioning of the Application.
3. The User may consent to the Provider using and storing the personal data mentioned in § 3 no.6 for the purposes of advertising, market research or making commercial offers in line with demand. Granting the Provider permission to process personal data for commercial purposes is voluntary and can be withheld or withdrawn by the User at any time by electronic means.
4. The User gives consents to the sharing of their personal data for purposes related to (i) the observance of the Regulations governing the use of the Application or (ii) the pursuance of legal claims connected therewith what is necessary for using the Application.
5. The User's declaration of consent to the storage and processing of data is voluntary, and the User is entitled to inspect their data and request amendments, changes, corrections, deletions or additions.
§ 9. Final provisions
1. If any provision or provisions hereof are considered by a court or other authority to be invalid, unenforceable or illegal in any respect, other provisions will remain in full force and effect and continue to be valid and binding. Any provision held to be invalid, unenforceable or illegal will be replaced by other provision most closely reflecting economic and commercial purpose of the Application.
2. The Provider reserves the right to amend the Regulations. Amended Regulations become effective from the date the new version is made available. The User is allowed to submit in writing their objections to changes in the Regulations within 7 days from the date the Regulations were made available. Submitting objection by the User will cause the permission to use the Application to automatically terminate.
3. These Regulations shall be governed and interpreted in accordance with Norwegian law.
4. Any disputes arising from the Regulations or in connection herewith shall be settled by a common court having the jurisdiction over the registered office of the Provider.
5. In matters not regulated herein the provision of Norwegian law shall apply.