Clause 1: General Terms and Conditions
The General Terms and Conditions regulate the relationship between the Parties involved in setting up, hosting and using the ecommerce solution “TaBetalt”.
”TaBetalt” is a SaaS eCommerce service offering Merchants a fast and easy way to promote their products and services in an internet based ecommerce solution. “TaBetalt” is handling products, prices, customers, presentation and communication to the end customer, and offers a variety of different Third Party Payment methods integrated in the solution (some of these may require an upgrade on the Subcription model).
The “TaBetalt” service is currently provided by OKB AS hereinafter referred only as "TaBetalt ".
|Role in the agreement
eCommerce solution (licensed software) offered to Merchants that have got products or services they want to offer for payment to the general public or a set of defined end customers. The solution is a SaaS solution hosted by TaBetalt, which makes no requirements for the Merchant other than having a personal computer, product images and a price list. In addition, the Merchant can choose a payment service provider (i.e. PayEx, PayPal, Klarna, Worldpay, Dibs, Nets) to offer the end Customer a possibility to pay with credit card, credit account or outsourced invoice solution.
TaBetalt is available in the domain TaBetalt and other similar domains.
Software as a Service.
The complete solution is hosted on servers managed by TaBetalt. The Merchant is only charged for the modules that he subscribes for, TaBetalt handles all of the technical issues regarding hosting environment, servers, updating, licenses, development and so forth.
A company wanting to sell products or services through an internet based platform, subscribing to or accepting these Terms and Conditions for procurement of TaBetalt as a licensed software.
Merchant is responsible for adding, removing and updating products available in the store. The Merchant is also responsible for product pictures, prices and descriptions. When this information is put into the TaBetalt solution, the end users orders are handled automatically in the TaBetalt solution, and payments are sent to the third party payment service provider chosen by the Merchant.
Merchant is responsible for updating terms and conditions presented to the end customer during the payment process.
Any agreement entered into by Merchant with an End customer/ Buyer of its products or services that are sold or in any form marketed by using the TaBetalt site, will not have any legally binding effect for TaBetalt. TaBetalt will not enter any agreement with the end customer/ buyer or under any circumstance be liable for Merchants actions towards the end customer/ buyer.
An employee or contractor connected to the Merchant given access rights from the Merchant to administer the webshop on Merchants behalf.
|End Customer / Buyer
A person buying a product or service through the Merchant shop hosted by TaBetalt. The End Customer pays for the item through the preferred payment service provider. The product is then distributed by the Merchant.
|Payment Service Provider (PSP)
National or International third party company offering Merchants different payment services such as Credit card, Invoice, Mobile Payment, Gift card, Vouchers, Credit Account, Financing solutions and so forth. The Merchant may choose one or several Payment methods in the webshop, which may involve one or several payment service providers. Payments, Clearing and Settlement is usually handled directly between PSP and Merchant, based in the technical integration in the TaBetalt solution.
Technical partner developing and hosting the TaBetalt solution on behalf of TaBetalt.
www.TaBetalt.no including all subsites
This Terms and Conditions document, together with the Privacy documents, which both have to be accepted by the Merchant electronically or in writing before the shop can be established in TaBetalt. There may also be separate agreements with third party suppliers i.e. PSP’s
Set forth below are the terms and conditions under which TaBetalt makes available its internet websites, including TaBetalt and www.TaBetalt (collectively, "TaBetalt"), and the services made available through the TaBetalt or otherwise provided by TaBetalt (the "Services"), to each person or entity (each a "User") accessing or using the Site or the Services. Country-specific terms enclosed at the end of this document may apply to you, depending on where you are located.
Terms and Conditions set forth in this agreement, together with any and all other terms, conditions, rules, policies or procedures ("Additional Terms") published on the Site and related to Merchants and the User's use of the Services (including, without limitation, all country-specific terms attached hereto) (together, this "Agreement"), offered by TaBetalt, constitute a binding, legal agreement between TaBetalt and Merchant.
TaBetalt may make changes to the materials and services offered on this Site at any time. TaBetalt can change the terms of this Agreement (including any Additional Terms) at any time. If TaBetalt changes the terms of this Agreement, TaBetalt will post an updated set of terms and conditions of use on this Site and post a change notice and/or send registered users an e-mail notice of the changes in advance of implementing the changes.
If any modification is unacceptable to you, you shall cease using this Site and the Services and be able to terminate your registration and/or subscription (if any). If you do not cease using this Site and the Services, you will be conclusively deemed to have accepted the change.
By clicking "I Agree" (or any other buttons, keys or hyperlinks indicating your acceptance of this Agreement) you hereby agree to, and are bound by, this Agreement. If you do not accept the terms under this Agreement, do not click on the buttons, keys or hyperlinks, or make use of the Site or the Services or any information provided on the Site.
Clause 2: Validity of these Terms and Conditions
These terms and conditions are valid for all TaBetalt offers, deliveries and services including product and license agreements, excluding any terms and conditions presented to the end Customer. TaBetalt will only recognize terms and conditions differing from its own terms and conditions if these are submitted in writing and agreed upon by TaBetalt. The TaBetalt terms and conditions will apply even if, knowing of other terms and conditions of the customer in variance herewith, TaBetalt nonetheless delivers without reservation.
Clause 3: Conclusion of Contract (Offer, Confirmation and Acceptance)
1. An order placed within a webshop provided by TaBetalt by an end customer, is an ecommerce transaction between The Merchant and the End Customer.
2. All orders placed by the End Customers are subject to ultimate acceptance by TaBetalt. Before the order is accepted, an automatic confirmation (webpage or e-mail) for the order is generated. Before this confirmation is generated for the end customer, the end customer has the opportunity to review the entries made during the order process. These entries may be changed or corrected by the end customer during this review opportunity. The generation of an order confirmation does not confirm acceptance of the order by TaBetalt. TaBetalt may only refuse order in case of suspicion of a criminal act or acts that represent non-conformity with this Agreement.
3. The acceptance of the order will be effective and the contract between the end customer and the Merchant will materialize when payment of the total price of the products in review is credited to the account of the Merchant, or alternatively the credit card transaction of the end customer could successfully be authorized.
4. If the End Customer has purchased software that is delivered electronically by using a downloadable internet link from the Merchants servers or a third party server, the Merchant is solely responsible for the delivery of this software. The End Customer may choose to not download, stop download or the transfer might be broken. Regardless of why the delivery has not been fulfilled, TaBetalt is not responsible for any claim the end Customer might have towards the Merchant.
Clause 4: Merchant warrant
1. The Merchant warrants that all fundamental data submitted by the End Customer during the order process reflects the true facts, and that these data are sufficient to fulfill the order. Any surcharges that TaBetalt accrues due to false or inaccurate information will be invoiced the Merchant.
2. The Merchant is solely responsible to update his account information with respect to correct and complete data. All data stored by TaBetalt related to the Merchant in conjunction to his account (passwords and login information), is to be secured so that no third party can access this information.
3. The Merchant is responsible for any charges of services rendered through the use of his account.
4. All warranties under these terms and conditions apply under the provision that the End Customer is a user and not a reseller of these products.
5. Any warranties, commitments or other covenants noted in the name of TaBetalt or the product developer, employees, contractors, affiliates, board, licenser or distributor will only be valid for the Merchant given that TaBetalt expressly agrees to these clauses in writing.
Clause 5: Prices
1. TaBetalt is offered in four (4) different default versions:
i. “Free” / “Gratis”
ii. “Small” / “Liten”
iii. “Medium” / “Medium”
iv. “Large” / “Stor”
The price for each of the respective TaBetalt versions (free, small, medium and large) appears from Attachment 1 to this agreement (“Price list”). The price list may be changed from time-to-time by TaBetalt, of which the Merchant will be notified prior to the price change.
2. If not stated differently, all prices displayed on the TaBetalt websites are to be understood in the respective currency. Prices may vary with currency fluctuations; TaBetalt may also conduct price adjustments from time to time. All typing errors and miscellaneous errors may result in alterations of price. If not declared otherwise, all prices are to be understood excluding transport and delivery cost (these costs are broken out separately on the website) and are exclusive of VAT. The Merchant agrees to the price displayed in conjunction with transport and delivery cost at the time of purchase. Prices to the end Customer are the sole responsibility of the Merchant.
3. When the Merchant wants to upgrade the solution with modules requiring monthly payments, the payments will be charged for the full month.
4. If the Merchants want to offer different kinds of payment solutions in the webshop, this may require setup of several PSP’s in the Merchant webshop. TaBetalt reserves the right to ensure the functionality and implementation of the solution before TaBetalt agrees to handle such setups. If TaBetalt discards the proposed setup by the Merchant, TaBetalt is obligated to provide a suggestion for an alternative setup within five – 5- working days, after discarding the proposed solution from the Merchant.
5. If not stated differently in writing other than in these terms and conditions, the payment has to be made in full, regardless of claims due to short delivery or product deficiencies.
Clause 6: Subscription
When accepting the conditions under this agreement, the Merchant agrees to enter into an agreement with TaBetalt. Any upgrades that Merchant performs within the TaBetalt site, implying a cost increase will have a minimum duration of one month (30 days) from the day he accepts to add the new application to his respective TaBetalt site. Such acceptance is given by pressing the relevant key, authorizing such upgrade.
If the Merchant purchases a subscription to TaBetalt (a "Subscription"), the Merchant shall pay all fees to TaBetalt, including any additional Services purchased by the Merchant or any User associated with the Merchant for usage that exceeds the thresholds at the rates posted, as well as VAT and any other applicable taxes.
TaBetalt will provide the Merchant with prior notice of any change in fees to allow the Merchant to cancel User's Subscription prior to the end of the then-current term of User's Subscription.
Subscription membership in TaBetalt is a continuous service basis. This means that, subject to the terms and conditions of this Agreement, TaBetalt shall continually and automatically renew the Merchants subscription, unless the Merchants subscription is changed or canceled by the Merchant. Changes by the Merchant in subscriptions models shall be done by logging into the Merchants account page for “settings”.
Clause 7: Payment
1. During the order process the End Customer may choose to pay to the Merchant by Credit card or Invoice (if offered by the Merchant). The End Customer cannot make payments of the purchase price by wire transfer or check. When paying with credit card, the End Customer may have to enter the following information during the order process, cardholder name, card number, expiration date, CVV2 or CVC and declares that he agrees with the Merchant, that the TaBetalt solution and the selected PSP can charge his credit card.
2. TaBetalt will protect the Credit card information from unauthorized access by third parties to the greatest reasonable extent. Both the Merchant and the End Customer however is aware of the fact, that during transmission of this data, electronically or in other ways, there is still a risk of unauthorized knowledge of this information.
3. The charging of the Credit card will typically be conducted during the order process in form of an online charge.
4. User acknowledges and agrees that if the End Customers Credit card payment cannot be processed for any reason, the TaBetalt solution will refuse the order on the Merchants behalf.
Clause 8: Granting of Rights
1. Neither the Merchant, User nor the end Customer have any right to make a duplicate software, graphical elements or know how of the TaBetalt solution, even for backup purposes. The software is a SaaS (Software as a service) and the Merchant will at no point be granted access to the source code. The Merchant is also prohibited to translate, edit, arrange or to revise the TaBetalt software as well as duplicating the results achieved.
2. The Merchant may not transfer or resell the right to use the software license acquired, without prior written accept from TaBetalt.
Clause 9: Right to Use; License
Certain content and information provided on and through this Site and Services, including, without limitation, documents, graphics and images that are not Merchants Content (as defined below) (collectively, the "TaBetalt Materials") are provided to you by TaBetalt and are the copyrighted and/or trademarked work of TaBetalt or TaBetalt's contributors. TaBetalt grants you a limited, personal, non-exclusive and non-transferable license to use and to display the TaBetalt Materials solely for your personal use in connection with the Site and Services.
Except as expressly permitted in this Agreement, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the TaBetalt Materials in any manner. This limited license terminates automatically, without prior notice to you, if you breach any term of this Agreement. Except for the limited rights granted hereunder, you acknowledge that you have no right, title or interest in or to any TaBetalt Materials.
TaBetalt does not grant the Merchant, the User or the End Customer any rights or licenses to the License that Merchants subscribes to via the TaBetalt Site. If the Merchant (a) has not received the License Terms before his purchase of the respective License, (b) has not used such License, and (c) does not agree to the License Terms and does not want to use the License subject to these License Terms, the Merchant may contact TaBetalt to request an immediately termination of the Subscription, without any refund, in which case the Merchant will have no right to use the TaBetalt solution thereafter.
Clause 10: Intellectual Property Rights and Rights to Data
1. The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of TaBetalt, its affiliates, or its third party licensors.
2. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. TaBetalt reserves all rights in the Site and the Services that are not expressly granted. TaBetalt is a trademark of OKB AS, Norway. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in this Agreement shall be deemed to assign or transfer to the Merchant any rights to any such intellectual property. User further acknowledges and agrees that TaBetalt Materials and other content made available to the Merchant through the Services may be subject to the intellectual property rights of third parties.
3. Order data and End Customer data will be handled as common data between the Merchant, TaBetalt and PSP. TaBetalt and PSP are obligated to backup and store this information in line with governmental instructions and regional laws.
TaBetalt reserves the right to use End Customer data and order data for risk evaluation purposes, and to simplify registration process if End Customer uses the TaBetalt or BIZITM Storefront solutions in future order processes on other Merchant sites.
TaBetalt warrant handling all data in a respectful and non-commercial manner, not disclosing privacy information to other Merchants.
The Merchant is obligated to inform the end Customer of this in Merchant Terms and Conditions in the webshop.
4. Product data, Product pictures, Product videos, Product descriptions and any Merchant specific graphics setup in the TaBetalt solution is the sole property of the Merchant, and may be exported to the Merchant from the solution as a payable consulting service if the Merchant wants to cancel the agreement with TaBetalt.
Clause 11: Claims for damages
1. The Merchant, Users and any End Customers waives all right to claims for any damages under this agreement. TaBetalt in general is not liable for any loss of data, profit, or other losses on the Merchant’s behalf, by using TaBetalt, or any claim based on the End Customers purchase of a Merchant’s product or service through the TaBetalt solution.
2. This liability waiver does not apply, if TaBetalt acted grossly negligent or willful misconduct. Further it does not apply in case of negligence in business conduct; in this case liability is generally limited to the predictable damage when the contract was concluded. Same applies for vicarious agent liabilities.
3. If liability of TaBetalt is excluded or restricted, then this also applies for employees, associates, representatives and vicarious agents of TaBetalt.
4. TaBetalt reserves the right to charge the Merchant for any loss of income or any time spent resolving incidents made by End Customers or Users. Contributory negligence of a User or End Customer is always chargeable toward the Merchant by TaBetalt. TaBetalt will charge all such support and consulting services according to prices stated in Appendix 1 – Price list.
Clause 12: Disclaimer for End Customers
Order placed by an End Customer may be canceled according to the regional rights of withdrawal, which in most cases permits the End Customer to return the products to the Merchant within a timeframe of 14 days upon receipt of the product. The right to withdrawal can be exercised by returning the product to the Merchant. The right to withdrawal and all communication between End Customer and Merchant is the Merchants sole responsibility.
The Merchant is responsible for providing the end user with a valid Right of cancellation form subject to regional laws and legislations.
Any agreement entered into by Merchant with an End Customer/ buyer of its products or services that are sold or in any form marketed by using the TaBetalt site, will not have any legally binding effect for TaBetalt. TaBetalt will not enter into any agreement with the End Customer/ buyer or under any circumstance be liable for Merchants actions towards the End Customer/ buyer.
Clause 13: Content in the Merchant webshop
Merchant and Users acknowledges and agrees that:
(a) all products, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated, submitted or transmitted by User or End Customers through the Site or the Services (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the Merchant
(b) Merchant, and not TaBetalt, is responsible for all Content that Merchant, User or End Customer posts, emails, distributes, communicates, transmits, or otherwise makes available by using the Services or that is otherwise made available through the use of Merchants account, whether or not User is authorized by Merchant,
(c) by using the Site and the Services, end Customer may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and
(d) by communicating or transmitting any Content using the Site or the Services, Merchant grants to TaBetalt an irrevocable, non-exclusive, royalty-free and worldwide license to use such Content for the purpose of operating the Site and supplying the Services, and Merchant warrants to TaBetalt that it has the right to grant such license for such purposes.
1. Merchant further acknowledges and agrees that TaBetalt does not control the Content originating from Merchant, User End Customers or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such Content. Notwithstanding the foregoing, TaBetalt may, but is not obligated to, review all Content and block, modify, terminate access to, or remove any such Content that TaBetalt, in its sole discretion, considers to be non-compliant with any of the requirements of this Agreement.
2. TaBetalt reserves the right to purge Content from its databases at any time and from time to time without notice. Merchant acknowledges and agrees that Merchant is solely responsible for storing any Content uploaded to the Site by User or received by Merchant through the use of the Services. TaBetalt shall not be liable for any purging, deletion or failure to retain any such Content.
3. TaBetalt may disable Merchant account and User's access to use the Site and/or the Services and TaBetalt may recover from Merchant any losses, damages, costs or expenses incurred by TaBetalt resulting from or arising out of Merchants or User's non-compliance with any provision of this Agreement.
Clause 14: User Conduct
In connection with Merchants use of the Site and the Services, and without limiting any of Merchants other obligations under this Agreement or applicable law, Merchant:
(a) shall comply with:
(i) this Agreement, including TaBetalt's anti-spam policy and all other policies as published on the Site from time to time,
(ii) all local and international laws applicable to Merchant, including, among other things, the Privacy and Electronic Communications Regulations 2003 and all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property, data protection, or child protective email address registries,
(iii) all other rules or regulations applicable to Merchant, including, among other things, securities regulations, and (iv) all privacy policies or similar policies or procedures to which Merchant may be bound that are related to Merchants use of the Services;
(b) shall not upload, post, email, distribute, communicate, transmit or otherwise make available any Merchant Content:
(i) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party,
(ii) that Merchant does not have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with an employment relationship or pursuant to a confidentiality agreement), or
(iii) that comprises or includes any "junk mail", "spam", "chain letters", "pyramid schemes", or any similar form of solicitation;
(c) shall not use the Site or the Services to sell to individuals under the legal age in his or her place of residence ("minors") unless Merchant is permitted to do so under all applicable laws, or to harm minors in any way, and shall not sell products, or other materials to minors that would subject TaBetalt to any local or international law, rule or regulation governing children's privacy, rights of personality or otherwise related to protecting minors;
(d) shall not impersonate any other person or entity, including TaBetalt, or a TaBetalt official, forum leader, guide or host, or falsely state or otherwise misrepresent Merchants affiliation with any other person or entity;
(e) shall not interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;
(f) shall not engage in excessive usage of the Site or the Services, as determined by TaBetalt in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site and the Services for other users;
(g) shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner (except to the extent the foregoing prohibition is not permitted by applicable law, including, without limitation, as set forth with respect to Users in other countries in the attached country-specific terms if any);
(h) shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Site, or the Services; and
Merchant further acknowledges and agrees that TaBetalt may cooperate with any governmental authority in connection with any investigation into Merchants use of the Site or the Services, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Merchant, User or end Customer Content, and any other information pertaining to the Merchants or to User's use of the Site or the Services, to such governmental authority in connection with any such investigation.
Clause 15: Termination
1. This Agreement shall automatically become effective upon Merchants first use of the Site or the Services, and continue indefinitely until it is cancelled or it is terminated by any party to this agreement.
2. TaBetalt may cancel Merchants Subscription and automatically terminate this Agreement immediately by notice to Merchant in the event that Merchant breaches any of the Merchants representations, warranties, obligations under this Agreement , contravenes any applicable law or any other inappropriate conduct. In such event the Merchant shall be notified by TaBetalt in writing.
3. Merchant may cancel the Subscription and terminate this Agreement by accessing the admin login site in the TaBetalt service. The Merchant need no specific reason to cancel a subscription. The subscription will be charged in full for the remaining period.
4. Upon termination of this Agreement for any reason, Merchant shall immediately cease all use of the Site and the Services, and Merchant acknowledges and agrees that TaBetalt may, in its sole discretion, take any measures TaBetalt reasonably deems necessary or desirable to prevent further use by Merchant of the Site or Services. This includes blocking Merchants IP address. User further acknowledges and agrees that upon termination of this Agreement, TaBetalt shall not be obliged to retain any Merchants Content or to provide the same to Merchant, but may decide to do so in its sole discretion.
5. Termination of this Agreement as defined above shall not entitle Merchant to a refund of any unearned Subscription fees previously paid by Merchant.
Clause 16: Provision of the Site and the Services
1. TaBetalt reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or Merchants access thereto, and to modify, suspend or delete the Site or any part thereof., If modification, suspension or deletion occurs, TaBetalt shall inform Merchant in a reasonable manner, either in oral or in writing within reasonable time. In the case of changes that significantly impact the Services in a negative manner, Merchant is entitled to cancel the Subscription, if any. Merchant acknowledges and agrees that TaBetalt shall not be liable to Merchant, User or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Site.
2. Without limiting section Provision of the Site and the Services, if Merchant engages in excessive usage of the Site or the Services (as described in section User Conduct, TaBetalt may take such action as it considers necessary to prevent such excessive usage and to restore the availability of the Site and the Services to other users. This includes limiting or suspending Merchants access to the Site and the Services, or by canceling Merchants Subscription and terminating this Agreement.
3. Merchant acknowledges and agrees that the site and the services are provided "as is," "where is," "as available," and "with all faults," and that, except as may otherwise be set forth in this agreement with respect to users in specific countries, TaBetalt has no responsibility or liability for the loss or deletion of, or failure to receive, process, or store any user content maintained or transmitted using the services.
4. Merchant acknowledges and agrees that the information, software, products, and services contained in or available through the site or the services, including information, software, products and services made available by other users (other Merchants) of the site or the services, may include inaccuracies or errors.
5. Merchant further acknowledges and agrees that user, and not TaBetalt, is responsible for evaluating the accuracy, reliability, completeness, and usefulness of any information obtained by using the site or the services.
6. TaBetalt makes no representations or warranties regarding the suitability, reliability, availability, timeliness, quality, or lack of viruses, or other harmful components of the site or the services, or the accuracy of such information, software, products and services.
7. To the fullest extent permitted by applicable law, TaBetalt, its affiliates, and their respective directors, officers, employees, servants and agents hereby disclaim all warranties, express or implied, with regard to such information, software, products or services, including any warranty of non-infringement of third party rights, and the implied warranties of merchantability and fitness for purpose.
Clause 17: Limitations and exclusions of TaBetalt's liability
1. In no event shall TaBetalt, its affiliates, or their respective directors, officers, employees, servants or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever, including damages for lost profits, lost revenue, loss of use or data, or costs of cover, arising out of or in any way connected with this agreement, whether based on contract, tort, strict liability or any other legal theory, even if TaBetalt has been advised of the possibility of such damages, including damages arising out of:
(a) the use or performance of, the delay in providing, the failure to provide, or the inability to use, the site or the services, or
(b) any information, software, products or services contained in or available through the site or the services, including information, software, products and services made available by other users of the site or the services.
Merchant specifically agrees that TaBetalt, its affiliates, and their respective directors, officers, employees, servants and agents shall not be liable for:
(c) unauthorized access to or alteration of any transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through the site or the services or in reliance upon any information obtained by the use of the site or the services,
(d) any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of a third party's rights, including intellectual property rights, or
(e) any content sent using, or included in, the site or the services by any third party.
2. In the event that, notwithstanding the foregoing exclusions of liability, TaBetalt, any of its affiliates, or any of their respective directors, officers, employees, servants or agents is liable to Merchant for any amounts under this agreement under any theory of recovery, whether based on contract, tort, strict liability or otherwise, TaBetalt's (or such affiliates', director's, officer's, employee's, servant's or agent's, as applicable) total liability in respect of such amounts shall not exceed the greater of:
(a) The amount of three (3) months subscription fee.
(b) TaBetalt is not liable for consequential damages or indirect loss that Merchant may experience under the agreement.
(c) The amounts actually received by TaBetalt from Merchant under this agreement.
3. Merchant acknowledges and agrees that without the foregoing exclusions and limitations of liability, TaBetalt would not be able to offer the site or the services, and that such exclusion and limitations of liability shall apply, even if they would cause user's remedies under this agreement to fail of their essential purpose. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, damages to life, body or health or in case of bodily injury, death, fraud, gross negligence, or breach of a fundamental obligation, and so the foregoing limitation and exclusions do not apply to user to that extent (including, without limitation, as set forth with respect to users in with country-specific terms attached to this agreement if relevant).
Clause 19: General
1. TaBetalt may provide references, frames or hyperlinks to internet websites maintained by third parties. TaBetalt does not warrant that it has reviewed such third party websites and makes no claims, representations or warranties regarding such third party websites or the contents of the same. TaBetalt is not responsible for, nor does it endorse or recommend, any products or services provided by such third parties through such third party websites or by any other means.
2. Merchant acknowledges and agrees that Merchant and User solely, is responsible for determining which laws may apply to Merchants use of the Site and the Services and assessing Merchants obligations under such laws (international and regional).
3. All notices and other communications required or permission to be given by TaBetalt to Merchant under this Agreement will be deemed to be properly given on the date when:
(a) posted on the Site,
(b) sent by e-mail, or
(c) sent by postal mail.
Merchant may give notices to TaBetalt under this Agreement by email to support@TaBetalt.no
4. This Agreement comprises the entire agreement between TaBetalt and the Merchant in regards to the Site and the Services. Both Merchant and TaBetalt confirm that they have not relied upon, and shall have no remedy in respect of, any agreement, warranty, statement, representation, understanding or undertaking made by any party (whether or not a party to this Agreement) unless that agreement, warranty, statement, representation, understanding or undertaking is expressly set out in this Agreement.
5. The use of the terms "includes" and "including", and similar terms, shall be deemed not to limit what else might be included.
6. This Agreement shall be governed by the laws of Norway, with Oslo Tingrett as the “Verneting” (legal domicile). User may not assign this Agreement without TaBetalt's prior written consent, which may be withheld in TaBetalt's sole discretion. Before any legal actions shall be set forth, the Parties are obligated to conduct non legal negotiations, in order to solve any disputes. If such negotiations do not result in an accepted solution within four - 4 - weeks, each of the Parties may demand that the dispute is sent to legal handling.
7. TaBetalt may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization in which TaBetalt participates or to the purchaser of all or substantially all of TaBetalt's assets to which this Site relates.
If you have any questions about this document, the practices of the TaBetalt Services, Website or your dealings with TaBetalt, please contact us at:
or by mail at:
co/ OKB AS
Postboks 308 Sentrum