Thank you for using Hem. These terms of service (the “Agreement”) is an agreement between you and Book Hem AS, a company registered in Oslo, Norway (“Hem”, “we” or “us”) that covers your use of our website and all information provided via the service (collectively the “Services”). By using the Services, you agree to be bound by this Agreement. Accordingly, we urge you to read this Agreement carefully.If you do not agree with this Agreement, do not use the Services. This Agreement shall apply to the maximum extent permitted by mandatory law.
1 USE OF OUR SERVICES
1.1.1 As a condition of your use of our Services, you warrant that:
i. You possess the legal authority to create a binding legal obligation,
ii. you will only use our Services to make legitimate reservations for you or for another person or entity for whom you are legally authorized to act, and
iii. you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto.
1.2 USER ACCOUNTS
1.2.1 Certain services are only available to users with a unique identifier who are able to authenticate via a secure login. Your identifier is used to create a member profile – along with a unique membership ID – within our system. You agree not to share your membership ID and password with anyone at any time. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your account.
1.3 Use of the Services
1.3.1 Except as expressly set out in this Agreement, you may not attempt, allow or enable others to:
i. Sell, lease, rent, copy, and/or provide the Services to any third party;
ii. violate any applicable laws or regulations while using the Services or upload, make available and/or share any information which (i) violates the rights of third parties, including but not limited to, any intellectual property rights or the privacy rights of third parties, or (ii) contains any false, fraudulent, illegal, harmful and/or defamatory material;
iii. scan and/or test the vulnerability of the Services or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the Services; or
iv. reverse engineer or otherwise use the Services in any way to develop, test, enhance or calibrate any models, systems, or software that are similar to any features of the Services and/or attempt to do any of the foregoing or cause or permit a third party to do or attempt to do so.
2 CONTENT AND CONTENT COLLECTION
2.1 The Services offer access to resources provided by us such as, but not limited to, information, data, documents, photographs, graphics, artwork, user interfaces, text, audio and video and features that will enable you to upload, download, share and otherwise utilize your data (“Hem Content”).
2.2 You have the sole responsibility for the content, accuracy, quality, reliability and maintenance of the data that you upload and register in the Services (“User Content”). You hereby represent and warrant that your User Content does not violate the Agreement and that you assume all risks connected to the User Content and any disclosure of the User Content to third parties.
4 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge that all intellectual property rights in the Services and the Hem Content throughout the world belong to Hem and/or the companies that Hem derives its rights from, that rights in the Services and the Hem Content are licensed (not sold) to you, and that you have no rights in, or to, the Services and the Hem Content other than the right to use the Services and the Hem Content in accordance with this Agreement.
4.2 All rights relating to User Content belongs to you. You hereby grant Hem a non-exclusive, royalty-free and perpetual right to use User Content as set out in section 2.3.
4.3 If you are the owner, or authorized representative of the owner, of a copyright, trademark or other intellectual property right, you hereby agree to notify Hem without delay of any infringements of your rights occurring on or through the Services. Hem will, at its sole discretion, delete any content and/or User Content that infringes or is suspected to infringe any third party rights.
5.1 You shall indemnify and hold harmless Hem, its affiliates and/or their respective suppliers and any of our managers, employees, advisors, investors, and agents from and against any claims, causes of action, losses, damages, fines, penalties or other costs or expenses of any nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result from your use of the Services and/or any violation of this Agreement.
6.1 All content, Services, and prices provided to you through our Services are provided on an “as is” basis and may include inaccuracies or errors. Hem does not warrant anything of any kind, express or implied nor do we guarantee the accuracy of any information presented to you.
6.2 All information regarding restaurants, hotels and activities provided to you are intended as only general guidelines, and we cannot be held accountable for any discrepancies found in our information.
6.3 We are not responsible for any failures caused by server errors, failed internet connections, any computer or other technical defect, whether human or technical in nature. Hem disclaims any liability or loss in connection with the products sold and Services provided. Users are to use our Services at their own risk and discretion.
7 LIMITATION OF LIABILITY
7.1.1 Under no circumstances will Hem be liable for any direct, indirect, consequential, special or exemplary damages arising from any breach of this Agreement. In the event that Hem is liable for your losses under mandatory law, the maximum aggregate liability for Hem shall be limited to USD 1000.
8 GENERAL PROVISIONS
8.1 We may transfer our rights and obligations under this Agreement to another company. This will not affect your rights or our obligations under this Agreement.
8.2 You may only transfer your rights and obligations under this Agreement to another person, company or legal entity if we agree in writing.
8.3 This Agreement shall be construed in accordance with and governed by the laws of Norway and the Norwegian courts shall be the exclusive venue for any disputes arising out of this Agreement.
SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, PLEASE CONTACT US AT POST@BOOKHEM.COM.