The user is required to create an account to use the service. The user acknowledges and agrees that the account login details and passwords are strictly personal and the user may be held responsible for all activity related to the account. The user agrees to promptly notify Crescat in writing if the user becomes aware of any unauthorised access or use of the account or the service.
The user acknowledges and agrees to provide accurate login information and not to create false accounts. By false accounts means login information which is the name of another physical or legal person or login information that may be confused with another`s name or trademark.
All users are required to register according to the specified guidelines. Any access beyond this violates applicable law and may result in criminal liability. This service should always be used in accordance with the terms and conditions set forth herein and in accordance with applicable law. The user is responsible for the use of the service, including that the use of the application follows a legitimate and lawful purpose.
By accepting this agreement, the user is obliged to indemnify Crescat and Crescat's service providers for any loss or expenses incurred by the user or resulting from a breach of these terms or violations of third parties.
The user is also responsible for ensuring that all information uploaded in the application is in accordance with applicable law and does not infringe on the copyrights, contractual rights or other rights of any other physical or legal third party. Redistribution of information retrieved from the application should not occur without separate permission.
Crescat reserves the right to make changes to the service at any time without prior notice. This includes, but is not limited to, changes that affect the design, operational and technical content, systems and other functions. In the event of scheduled changes that may lead to service interruption, Crescat shall seek to inform the user within due time prior to such changes.
Crescat may terminate the customers use of the service at any time with one (1) month notice in any case where the user or the user's organisation have breached these Terms of Service, or Crescat finds reasonable grounds to assume that such breach is occurring or will occur. If major violations or gross neglect of these Terms of Service, Crescat may terminate the customers use of the service without prior notice. Upon termination, the user and its organisation shall cease all use of the Crescat Services. Crescat will not refund any fees paid in advance in respect of not yet used Services.
Crescat shall ensure that the services will perform substantially and materially in accordance with its documentation available on the website or the description of services agreed upon with the customer, under regular use and circumstances, and for the purpose intended as such described by Crescat. This obligation, or any other documentation provided by Crescat, shall not be interpreted as a warranty or assurance as such defined by Norwegian law.
To the fullest extent permissible by law, Crescat disclaims any warranty, whether expressed or implied, including without limitation, that the service or access to and use of the site will be:
fit for a particular purpose, accurate or reliable in respect to any results from use of the services, uninterrupted, free of software errors, free of harmful code, or, that defects and deficiencies will be corrected.
Trial services, beta versions and other no-obligation subscriptions are provided strictly «as is», with no warranty or obligation, whether expressed or implied, to ensure service, or continued service, in accordance with any description of services or other documentation provided by Crescat.
To the fullest extent permissible by law: Crescat shall only be liable for direct damages, with the limitations set forth in this agreement. This disclaimer constitutes an essential part of this agreement.
In no event will Crescat be liable for any indirect, consequential or incidental damages and business interruption, including cost of procuring any substitute goods or services, any loss of revenue, profits, third-party contracts, goodwill or reputation, such as any loss that may result from event cancellations or delays or the customer's failure to fulfill its own obligations to third-party providers or contracting entities.
Crescat is not responsible for any data stored using the service, and shall not be liable for any loss of data or cost of reconstruction of such data.
Liability shall be limited to damages that reasonably can be foreseen as a consequence of the breach of contract, defect or deficiency in the service.
In the event of major defects or deficiencies in the services that severely impede the customer´s use of the services, that are attributable to Crescat, Crescat shall take reasonable actions to rectify such defect or deficiency without unreasonable delay. The customer shall give Crescat a written notification without undue delay from the time of discovery of such defects and errors. Should Crescat find such rectifying measures be technical, commercially or economically unreasonable, then either party may terminate this agreement. Upon such termination, Crescat will not refund any fees paid in advance in respect of not yet used Services.
The aggregate liability of Crescat under this agreement shall not exceed the total amount of fees paid by the customer, if any, for the 12 months directly prior to the breach of contract or event giving rise to such liability.
Trial services, beta versions and other no-obligation subscriptions can in no case give rise to direct or indirect liability for Crescat, including but not limited to, price difference or cost of procuring any substitute goods or services, lost profit, business, anticipated savings or goodwill, or any loss of data, any damage that may result from event cancellations or delays, or failure to fulfil any obligations to third-party providers or contracting entities.
- in all cases, including loss and damages that may be reasonably expected as a result of any breach of contract or event otherwise giving rise to liability.
Applicable consumer law may limit the provisions set forth in these Terms of Service, and may not allow some warranty- or liability disclaimers. Should any provision in these Terms of Service be held invalid or unenforceable due to consumer law or other mandatory law, such provisions shall not apply to that extent. The remaining provisions shall continue to be valid and enforceable. If that by limiting such provision to the extent permissible by mandatory law would make it valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Crescat processes the user's personal data in accordance with The Norwegian Personal Data Act ("lov om behandling av personopplysninger") and the General Data Protection Regulation (GDPR). By personal data means information that can be linked to a person. This includes information as names, addresses, telephone numbers, e-mail addresses and IP-addresses, or a combination that makes it possible to connect the information to a person. This is further explained in the Privacy Policy of Crescat, accessible here .
The personal data which is processed is the information provided by the user in conjunction with registration of accounts with Crescat or in conjunction with expressions of interest or other contracts with Crescat.
Crescat will only use the personal information of the user to the extent needed to fulfil the service. We do not provide third parties with the user's personal data. Crescat may process personal data for Crescat to be able to perform the agreement with the user. Crescat reserves the right to analyse operations and customer behaviour internally to improve the service.
The user´s profile and information provided by the user in conjunction with the account are not saved longer than necessary to fulfil the purpose of processing the data. The user can regardless, at any time, delete the account and all data provided by the user in conjunction with the account. The account can be deleted here.
The parties shall first attempt to resolve any disputes arising out of the agreement by an amicable settlement. In the event the parties cannot reach an agreement in this regard, the dispute shall be subject to Norwegian law, and shall be resolved by ordinary Norwegian courts, in the first instance the District Court of Bergen.