This user agreement (the “User Agreement”) regulates the relationship between Cube IT AS, org. no. 914 344 484, and all its affiliates (“Cube”) and users of websites, platforms and tools provided by Cube to match consultants with assignments and projects, (“Service”).
A “User” is a person who is registered for use by the Service and has been granted a user name and password by Cube which gives the User access to the Service.
Users can join the Service by registering via Cubes’ website. A prerequisite for registration is that the User gives correct registration information and approves the User Agreement. The User Agreement enters into force between the User and Cube when the User registers for the Service and then applies until further notice.
4. User obligations
4.1 The user’s responsibility for personal data and consent to the processing of personal data
The service is based on a database where information about consultants and assignments and projects is processed and matched. By registering and using the Service, the User provides Cube information (personal information) about the User or any consultant or other relevant individual registered in the Service by the User (collectively referred to as “Managed Individuals”).
Cube processes personal data in order to provide and administer the service. The personal data can also be used to analyze and develop the Service and for statistical purposes. Cube can also provide information to law enforcement authorities in accordance with section 7 below. In the event that there is an express consent or if Cube is entitled to it for other reasons, the information may also be used for marketing purposes or for various offers. The Managed individuals always have the right to say no to direct marketing, such as direct offers via electronic communication.
The user is responsible for ensuring that all information provided in connection with the use of the Service is correct. Cube acts only as a data processor of the information provided by the User and handles all such information in accordance with Norwegian data protection laws. Cube may not use the information for purposes other than those stated in this agreement, unless the user and Cube have agreed otherwise.
In order to provide and administer the Service, Cube may need to process and publish information related to Managed Individuals on the Web and transfer such information between Cube and Third Parties.
Each Managed individual is entitled to receive information about Cubes’ processing of personal data free of charge once a year. Each Managed individual can also request that these personal data be corrected or deleted. Such a request must be made in writing to Cube. Contact information to Cube can be found in the Service.
The User is responsible for ensuring it has the right to provide information to Cube about Managed Individuals registered by the User and that such Managed Individuals have been informed and consented to Cubes’ Processing of Personal Data in accordance with the User Agreement and further informed these Managed Individuals of their the right to request information and that the information can be corrected and deleted in accordance with the above.
4.2 Responsibility for information etc.
The User is responsible for information provided by the User. The User undertakes not to post anything in the Service that violates any third party’s rights or information contrary to law, statutes, governmental rules, authorized use or practice or which may cause offense or cause harm or other inconvenience to Cube or any third party. Communication and published material must be relevant to the context.
Cube reserves the right, but has no obligation, to review the User’s activities in the Service and information and materials provided by the User in the Service. Cube may, at its sole discretion, remove information or material that violates the terms of the User Agreement. If the information or material has not been removed by the User or Cube, Cube reserves the right to save data as long as it is relevant to the service in question.
4.3 User name and password
The user must notify Cube immediately if the User suspects that the User’s login information is used in an unauthorized manner. The user is obliged to ensure that the user’s login details are handled with care to avoid unauthorized use. The user is responsible for any use of the Service that takes place with the User’s login information until the User has notified Cube that the User’s account shall be blocked. If the User suspects unauthorized use of the User’s account, the User shall send e-mail to the Cube and request that the account be blocked. Contact information for Cube can be found in the Service.
5. Limitation of Liability
5.1 Limitation of Liability
To the extent permitted under law (and unless we have entered into a separate written agreement that overrides this contract), Cube (and those that we work with to provide the services) shall not be liable to The User or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, The Users information or content).
In no event shall the liability of Cube (and those that Cube works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly fee that The User paid for any add on service, if any, or (b) NOK 5000,-.
This limitation of liability is part of the basis of the bargain between The User and Cube and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Cube has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to The User.
5.2 Indirect losses
The user is not entitled to compensation for indirect losses or damages (including, but not limited to, loss of production, reduced cost savings or lower expected profits or any other indirect loss), even though Cube has been informed that there is a risk of such loss.
5.3 Time frame
The user shall not be entitled to compensation unless the requirement for compensation does not come within six months from the day the User became aware or should have become aware of the circumstances on which the requirement is based. The user is not entitled to direct any other claims against Cube other than the requirements stated in the User Agreement. What is stated in paragraphs 5.1 – 5.3 above is not intended to limit or exclude liability to the extent that such a limitation would conflict with mandatory law or in the event of intent or gross negligence.
5.4 Neutral intermediary
Through the Service, Cube acts as a neutral broker of assignments and consultants. Cube is not responsible for the relationship between customer and consultant and cannot be held responsible for the quality of work performed or the accuracy of the tasks that consultants or those who submit the assignments in the Service have stated. Cube is also not responsible for assignments or employment relationships that may arise between Users of the service.
Cube cannot be held liable for any loss or damage caused by circumstances beyond Cubes or its subcontractors’ control or for damages or losses caused by limited access to the Service due to actions taken by Cube or its subcontractors in terms of technology, support or maintenance
7. Termination / deactivation of user accounts and user profiles
Cube may, without notice, terminate or block the User’s account if the account or Service is used in a manner that is in violation of applicable law or the User Agreement or causes damage or risk of causing damage to Cube or third party, or if the User in any way fails to comply obligations in this User Agreement. Cube reserves the right to take such measures at any time, with or without notice, at its sole discretion.
Serious crimes that damage Cube or third parties or violate the law can be reported to law enforcement agencies. The user shall indemnify and hold Cube harmless from any loss or damage arising from the Service being used in violation of applicable law or in violation of the User Agreement.
If the User remains inactive and does not use his account for a period of 60 days, Cube has the right, but no obligation, to disable the User’s account after notifying the User.
The service may contain links to third party websites. Cube provides these links as a service to the Users and is not responsible for the availability, content, advertising, products or other materials contained on those third-party websites. Cube cannot be held liable for any damages or losses caused by the use of third-party websites.
9. Intellectual property rights
Any and all intellectual property rights and proprietary rights related to Cube and its marks, in and to the Service, technical solutions and Cubes content shall remain the exclusive property of Cube or, as applicable, its licensors and may not be used in any manner not explicitly provided for by Cube.
Using the Services does not give The User any ownership in our Services. The User may display, copy and download content from the Service provided that: (a) The User do not remove any copyright or proprietary notice from content; (b) such content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such content; other than to make use of the Services as intended.
Cube has the right to take measures that affect the availability of the Service if Cube considers it necessary for technical reasons, maintenance, support or hosting.
11. Functionality and design of the service
The service is provided “as is” and is constantly evolving. Cube has the right to change the Service from time to time, its functionality and its design. Cube does not guarantee that the Service is always in operation.
12. Transfer of the User Agreement
The User can only transfer or transfer their rights and obligations in this User Agreement after Cube has approved this in advance. Cube is entitled to transfer or transfer its rights and obligations, in full or in part, to another legal entity related to Cube or to third parties.
Cube is entitled to update and change the terms of the User Agreement from time to time. It is the User’s responsibility to keep up-to-date on the applicable User Agreement, which is made available in the Service. Cube has the right to make changes without notice if laws, regulations or government decisions so require.
14. The invalidity of individual contractual provisions
In the event that a court of law considers that one or more of the terms of the User Agreement are invalid, unlawful or unenforceable, the remaining terms of the User Agreement shall remain in effect and the User Agreement shall be construed as if the defective condition has not existed or as determined by such court of law.
15. Applicable law and disputes
The user agreement shall be governed by Norwegian law. Any disputes or claims arising out of or in connection with the User Agreement, or infringement, termination or invalidity thereof, shall be settled by Norwegian courts with the Oslo District Court as the first instance.
17. Contact information
Cube IT AS, org. no 914 344 484
Contact information for Cube: [email protected]
Contact information for Cube Data Protection Officer: [email protected]