TERMS OF USE for Tenant Connection Service
Tenant Connect is a solution that simplifies communication between the mall management and all tenants at the mall.
These Terms of Service (“Terms of Service”), together with our Privacy Policy, Data Protection Addendum, and any Service Order, constitute a binding agreement (the “Agreement”) between Placewise AS, Mellomila 88, 7018 Trondheim, Norway, and you or the legal entity you represent (“Customer” or “you”).
1. Subject matter and scope of these Terms of Use
The subject of these Terms of Use is the granting of rights of use to the proprietary components of Placewise’s Tenant Connection Service to the Customer for the intended use of the functions and services, currently available free of charge, and against payment within the scope of the Service in the respective country. The scope of the intended use results from these Terms of Use.
The Tenant Connection Service is available through desktop and mobile app.
The Service is for use within the scope of the Customer’s commercial or self-employed activity. The service is not for personal use.
Subject to the terms and conditions of this Terms of Use, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Terms of Service.
Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title, and interest in and to the Service and its components will remain with, and belong exclusively to, Placewise. You shall not modify, adapt, or hack the Service to falsely imply any sponsorship or association with Placewise, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
Placewise is entitled at any time to discontinue functions and services offered free of charge, insofar as they are not part of functions or services subject to a charge, unless it has promised the Customer otherwise.
As far as obligations of Placewise arise from these Terms of Use, or otherwise from the contract with the Customer, Placewise is entitled to fulfil these obligations through other companies of Placewise Corporate Group. However, Placewise shall remain fully responsible to the Customer for the fulfilment of these obligations the same way it is for self-fulfilled obligations.
2.Liability
Placewise shall be liable without limitation insofar as damage is caused by Placewise or its legal representatives intentionally or through gross negligence. Placewise shall also be liable without limitation in the event of injury to life, limb or health. In addition, Placewise is liable for guaranteed functions of the Service and within the legal framework according to mandatory laws, in particular the Product Liability Act and the product safety laws.
In addition, Placewise shall be liable for negligent breach of essential contractual obligations, however limited to typically foreseeable damage. Essential contractual obligations are the fulfilment of which is essential for the proper performance of the contract, and on the observance of which the contractual partner may regularly rely.
In any case, Placewise’s liability shall be limited to a maximum of € 25,000 in total.
Events of force majeure (including strikes, pandemics, epidemics, lockouts, and similar circumstances, insofar as they are unforeseeable, serious, and not the fault of Placewise), which make the performance owed by Placewise substantially more difficult or impossible, shall entitle Placewise to postpone the performance of the obligations for the duration of the hindrance, and with a reasonable start-up period.
Information on the system requirements of the end devices can be found [https://angular.io/guide/browser-support]. Placewise accepts no liability for any consequences, in particular for incorrect or incomplete displays or functions, or from the use of end devices, resulting from non-compliance with the stated system requirements.
3.Duties of the Customer and security
The Customer is obliged to use the Placewise’s services appropriately, and to comply with the recognized principles of data security. In particular, the customer is obliged,
a) not to use the services of Placewise improperly, and exclusively in accordance with the applicable national and international laws and regulations, in particular not to infringe any third-party rights, for example personal rights, copyrights, trademark and name rights and other intellectual property rights of third parties;
b) to post only information or files related to its own business purposes;
c) not to use passwords/code numbers (PIN) that correspond, for example, to one’s own name, birthday, or those of close persons, or are used to access other services;
d) to keep passwords/code numbers (PIN) secret, or change them immediately, or arrange for changes to be made if it is suspected that unauthorized third parties have gained knowledge of them; and
e) to check data that the Customer uploads, or allows to be uploaded, in the Service beforehand, with an up-to-date checking program for viruses, worms, Trojan horses, and similar components affecting the integrity of files and/or computer hardware and software, and to upload only files that are free of such components. Placewise shall inform the Customer immediately if it discovers such data or components. If the functionality or integrity of the services of Placewise, or the facilities of third parties is directly endangered by such data or components, Placewise may delete such data or components in order to avoid damage, even without prior notification of the Customer, if the endangerment cannot be eliminated in any other way, with reasonable financial and temporal effort.
If there are indications of use contrary to these Terms of Use, Placewise shall be entitled, after weighing the severity of the infringement against the interests of the Customer, to block the Customer’s and/or individual employees’ access to the Service, until the indications are rebutted. The Customer shall be informed accordingly. If this leads to a situation where the Customer can no longer use the Service, he is entitled to an extraordinary right of termination.
4. Remuneration
In consideration for the Services, the Customer will pay to Placewise current fees set in the Services, unless otherwise set forth in an applicable Service Order (“Fees”). Placewise shall be entitled to withhold performance and suspend or discontinue the Services until all amounts due are paid in full. In the event of a temporary suspension of Customer’s access to the Services, applicable Fees will continue to accrue.
The use of the functions and services is compensated either with the one-time payment or, in the case of recurring payments, with the payment of the usage fee to be paid for the respective usage period. Placewise may expand the range of additional functions and services at any time.
Unless otherwise agreed for the use of paid functions or services, these functions or services shall be invoiced either upon conclusion of the contract or annually in arrears, depending on the package booked. Invoiced amounts are due 30 days after the invoice date.
If a payment is not made on time, Placewise shall be entitled, after an unsuccessful reminder, to block the affected chargeable services. A separate threat of blocking in the reminder is not required. In addition, Placewise may charge interest on arrears at the statutory rate.
5. Intellectual Property
The Customer acknowledges and agrees that the Services (including the Documentation) are protected by Intellectual Property Rights. All rights, title, and interest in and to the Services, and all worldwide Intellectual Property Rights therein and associated therewith, are the exclusive property of Placewise. All rights in and to the Services, not expressly granted to the Customer in this Agreement, are reserved by Placewise. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the Customer regarding the Services, or any part thereof, including any right to obtain possession of any software, source code, data, or other technical material related to the Services.
6. Changes to these Terms of Use
The Terms of Use may be amended or supplemented at the sole discretion of Placewise, to an extent reasonable for the Customer. In the event of changes to these Terms of Use that are detrimental to the Customer, registered Customers shall be informed in text form (e.g. via the e-mail address maintained by the Customer, or via the information service for the product) at least six weeks before the change takes effect. The amended or supplemented Terms of Use shall apply unless the Customer objects before the effective date, and after Placewise has expressly informed the Customer of the consequences of its silence. If the Customer objects, Placewise may terminate these Terms of Use with a notice period of one month after notification of the objection.
7. Data protection, consent to the processing of personal data of end customers
The privacy policy for the Service, which can be found here, describes which personal data is automatically collected from users of the Service in the course of using the Service.
8. Applicable law and venue
The laws of Norway shall apply to these Terms and Conditions.
The exclusive place of jurisdiction is Oslo, Norway.
9. Final provisions
If individual provisions of these Terms of Use are or become invalid, they shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. Should a provision of these Terms of Use be or become invalid, this shall not affect the validity of all other provisions of use or agreements.