Juridiske retningslinjerVilkår som er spesielt viktige for FrontCore
Last updated: 06.12.2017
Welcome to FrontCore! We are a course and training management solution dedicated to bringing learning effectively to people around the world. Our mission is to facilitate personal and professional growth for everyone that crosses our path. Through our solution we enable organizers to plan, create, promote and manage events like training, courses, seminars, and conferences, and we enable potential attendees to search for, identify, sign up for, and share such events.
1.2 Description of Services
Our services mean all services provided by FrontCore. FrontCore’s websites and domains, including, but not limited to www.frontcore.no, www.kursguiden.no and all of the webpages, subdomains, country level domains, (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by FrontCore, including but not limited to advertising services, event management features, email services, booking module, online booking solutions integrated on Organizers’ webpages, as well as our application programming interfaces (APIs), are offered, maintained and provided by FrontCore. We refer to all of these as our “Services.”
Through our Services, FrontCore provides a solution for all registered users (“Organizers”) who host courses, training, seminars, conferences, breakfast seminars, and other such events (“Events”) to create, promote, manage training events and provide webpages and booking forms for visitors and browsers of the Services, and to register bookings and take payments from users who want to attend these Events (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users”.
3 License to use Services
4 FrontCore’s role
FrontCore is not the organizer or promoter of the Events through the Services. FrontCore provides the Services, through which Attendees may browse, view and sign up for events organized by the Organizers and Organizers may create, promote, manage and take bookings on their Events, and bookings made by Attendees are on events owned by the Organizers. FrontCore may however organize particular events related to the Services, in which case it will be specifically stated that FrontCore is the Organizer.
5 Collection and processing of personal data
FrontCore takes the security of personal information seriously, and uses security certified computer systems with limited access housed in facilities using physical security measures. We communicate our privacy and security guidelines to FrontCore employees and strictly enforce privacy safeguards within the company. While no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of personal information.
5.1 Transfer and co-ownership of information to Organizer
As an Attendee you recognize and approve this sharing and understand and accept that every Organizer is solely responsible for their use of Attendee Information provided to them, and that FrontCore is responsible solely for our data processing and own use of Attendee information.
As an Organizer, using the Services that provide personal information of Users and other information to be transferred to you, then upon such transfer, you represent, warrant and agree that you assume co-ownership of and full responsibility for your further use and processing of any such information. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion or other content transferred from or available through the Services. FrontCore does not determine whether the information transferred to you is subject to any specific law or regulation. You should take all precautions you believe are necessary or advisable to use and process such information correctly and in compliance with all relevant laws and regulations applicable to its use of the information, and you bear the risk of any liability relating to your use of such information.
FrontCore shall create a back-up copy of the Attendee information at least daily, shall ensure that each such copy is sufficient to enable the Organizer to restore the Services to the state they were in at the time the back-up was taken, and shall retain and securely store each such copy for a minimum period of 30 days.
5.2 Data protection
Each party shall comply with the Data Protection Laws with respect to the processing of Personal Information. The Organizer warrants to FrontCore that it has the legal right to disclose all Personal Information that it does in fact disclose to FrontCore under or in connection with the use of the Services.
FrontCore shall ensure that persons authorised to process the Organizer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
FrontCore shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist the Organizer with the fulfilment of the Organizer’s obligation to respond to requests exercising a data subject’s rights under the Data Protection Laws.
FrontCore shall assist the Organizer in ensuring compliance with the obligations relating to the security of processing personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws.
FrontCore shall make available to the Organizer all information necessary to demonstrate the compliance of FrontCore with its obligations under this Clause and the Data Protection Laws.
FrontCore shall allow for and contribute to audits, including inspections, conducted by the Organizer or another auditor mandated by the Organizer in respect of the compliance of FrontCore’s processing of Organizer Personal Data with the Data Protection Laws and this Clause
If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Agreement, then the parties shall use their best endeavours promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance.
5.3 Sensitive Data.
Sensitive Data (as defined below) will not be provided to FrontCore at any time and FrontCore will have no liability whatsoever for Sensitive Data, whether in connection with a security incident or otherwise. For purposes of this Agreement, “Sensitive Data” means (i) credit or debit card number, (iii) genetic, biometric or health information, (iv) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation, (v) account passwords, (vi) criminal history, (viii) mother’s maiden name or (ix) any other information or combinations of information that is deemed sensitive under the legal framework of any applicable jurisdiction.
6.1 Fees and payment
The fees paid for the Services will at any given time be based on the current rate card, and consist of start-up fees, subscription fees and transaction fees. The Organizer agrees to pay the fees set forth on the Order Confirmation for the Services. The fees are exclusive of any applicable tax, duty or other claim that the Organizer may be subject to due to the obligation to pay the fees set forth in the Order Confirmation. The Organizer shall pay the amount of the fees set forth in the Order Confirmation in full to FrontCore. FrontCore will charge interest and service charges on monthly accounts that are delinquent at the lesser of two percent (2%) per month or maximum rate allowable by law. The Organizer will be responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on an account. FrontCore reserves the right to suspend the Services until Organizer’s account is brought current or terminate the Services and these Terms of Service if any subscription or transaction fees are delinquent, as provided below.
6.1.1 Start-up fees
Start-up fees will be invoiced at the start-up period.
6.1.2 Subscription fees
Subscription fees will be invoiced annually in advance.
6.1.3 Development fees
Any agreed upon features added to the Services at the request of the Organizer will be invoiced as agreed upon between FrontCore and Organizer
6.1.4 Transaction fees
Transaction fees, such as from bookings paid with debit card/credit card or from SMS services, will be invoiced monthly in arrears, or at a frequency in arrears that is deemed practical at the sole discretion of FrontCore.
Each payment is due within 30 days after the applicable invoice date. The prices will be based on NOK value as per order date and will be adjusted according to the applicable currency exchange rate of the Bank of Norway as per invoice date. In the event that Organizer fails to pay any invoice by the applicable due date, FrontCore may terminate the Services and the Terms of Service upon two (2) weeks’ prior written notice, provided Organizer does not pay all amounts due within such period. Further, FrontCore may in this case also claim all future payment terms immediately, limited to the payment terms remaining until a notice of termination could have been in effect.
The agreed fees will be increased yearly based upon the average consumer price index of Norway.
6.2 Refund policy
FrontCore asks all Attendees to contact the Organizer of their event with any refund requests, since all transactions are between Organizer and Attendees. Organizers agree to post their refund policy on their event pages. Organizers acknowledge and agree to that their refund policy will be in compliance with relevant local, regional, national laws and regulations. FrontCore will have no liability for an Organizer’s failure to have a refund in compliance with such laws and regulations, or to abide by their own refund policy.
7 Email and SMS Services
Through FrontCore you may have available to you features and tools that permits you to contact other users of the Services or third parties via e-mail or SMS (the “Communication Tools”). If you use the Communication Tools, then you represent, warrant and agree that:
- your use of the Communication Tools is in compliance with all applicable local, state, provincial, national and other laws, and regulations, including those relating to spam and email practices;
- your use of the Communication Tools will be solely to advertise, promote and/or manage an event that you manage and promote through the Services;
- your use of the Communication Tools and the content of your emails and SMS’s complies with conduct as specified in section 10
- you will not use false or misleading headers or deceptive subject lines in emails sent using the Communication Tools;
- you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that FrontCore includes in every email; and
- you will not email any person that you know or have reason to know has opted out of receiving emails from you.
If you fail to abide by the guidelines under the section Email and SMS Services, if your use of the Communication Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails or SMS’s are causing disruption to the Services, FrontCore may, among other actions, limit, suspend or revoke your access to the Communication Tools.
8 Registration, account, password and security
You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. You may register third parties as additional users of the Services within Your account. You are responsible for the compliance with these Terms of Service of such third parties.
You agree to provide, true, accurate, current and complete information about yourself, as well as about the entity you represent, in the event you are using the Services in behalf of such entity. You also agree to maintain and update to keep the information true, accurate, current and complete.
8.1 Password and security
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by all users registered under your account. In the event of any unauthorized use of your password or account or any security breach, you agree to notify FrontCore immediately.
8.2 Age restrictions
In FrontCore we are especially concerned about the privacy of children. For this reason, you must be at least 16 years old to use the Services. Otherwise you may use the Services only with the involvement of a parent or guardian. You may not, under any circumstances, use the Services if you are under thirteen (13) years of age.
9.1 FrontCore Content
You acknowledge and agree that all material, including but not limited to information, data, text, editorial content, design elements, formatting, graphics, images, photos, videos, and other content (collectively, “Content”), displayed in or delivered through the Services or otherwise made available by FrontCore in conjunction with the Services (collectively, “FrontCore Content”) are protected under Norwegian and international copyright, trademark and other laws. FrontCore reserves the exclusive right to the compilation of all FrontCore content of this website (meaning its collection, arrangement and display). This right is protected by Norwegian and international copyright laws. You may not, sell, distribute, copy, reproduce, publish, post on other websites, or create derivate works of any FrontCore Content, unless in conjunction with your permitted use of the Services or as expressly authorized in writing by FrontCore.
9.2 Your Content
It is expressly emphasized that FrontCore is a service that is not liable for the material stored on our servers at the request of or otherwise provided by the Organizer, and that FrontCore has no general obligation to monitor the material stored on our servers. It is the Organizer’s responsibility to have all rights necessary in order to use the material as contemplated by this Agreement, including the rights to display the material on FrontCore’s websites, and that any such use of the material does not infringe any intellectual property rights or any other rights of any third party. If FrontCore obtains knowledge of any illegal activity or material, FrontCore has the right to immediately remove or disable access to the material. The Organizer will indemnify and hold FrontCore harmless for any obligations arising from the Organizer’s breach of these Terms and Conditions.
9.2.1 Advertising materials and placement of advertising
For Services purchased by the Organizer that comprise listing and marketing on the web, the Organizer agrees to transmit, upload or otherwise provide to FrontCore, via email or such other method as is designated by FrontCore, on or before the 1st day after acceptance of this Agreement, advertising and other materials (“Organizer Materials”) to be used by FrontCore. Organizer Materials includes, but is not limited to any and all data, images, videos, sounds, text, captions, and other things embodied therein, in any form, media or technology, provided by the Organizer to FrontCore. FrontCore has the right and option to approve, in its absolute discretion, the content of any Organizer Materials. FrontCore reserves the right to reject any Organizer Materials, or remove any Organizer Materials from the end-user websites (each, a “User Website”), if it finds that such materials do not meet its advertising specifications, are objectionable to FrontCore in any way, or contain false, misleading or illegal information or any vulgar or pornographic content, or for any other reason; if FrontCore rejects or removes any Organizer Materials, FrontCore will notify the Organizer. FRONTCORE SHALL HAVE NO LIABILITY, AT LAW OR IN EQUITY, FOR FAILING TO PLACE OR FOR REMOVING ANY ORGANIZER MATERIALS EXCEPT FOR THE RETURN OF ANY UNUSED PREPAID ADVERTISING FEES.
FrontCore shall make, in its sole discretion, all decisions concerning placement of the Organizer’s advertisement on the User Website, software solutions, hardware configurations and selection, system components, categories of advertising, search engine results and search parameters.
9.2.2 License to use Organizer Materials
You hereby grant FrontCore and its affiliates, vendors, and service FrontCore a world-wide, non-exclusive, perpetual, irrevocable, transferrable, fully-paid and royalty-free license during the Term (as defined below) to use, copy, reproduce, modify, promote, publish, translate, adapt, prepare derivative works based upon, distribute, perform, display, make commercial use of, store, transmit or otherwise exploit the Organizer Materials, in whole or in part (including but not limited to any and all data, images, videos, sounds, text, captions, and other things embodied therein), in any form, media or technology known or hereafter developed for any purpose, including but not limited to advertising and promotional purposes, to the extent permitted by applicable law.
10 Acceptable use and content
In order to ensure that our several thousand Organizers and hundreds of thousands of Attendees will be able to access the Services in a safe and secure environment, FrontCore has establish a policy for acceptable use.
This acceptable use policy (the «Policy«) sets out the rules governing:
- the use of frontcore.no and www.kursguiden.no any successor website, and the Services available on that website or any successor website; and
- the transmission, storage and processing of content by you, or by any person on your behalf, using the Services («Content»).
References in this Policy to «you» are to any Organizer using the Services and any individual user of the Services (and «your» should be construed accordingly); and references in this Policy to «us» are to FrontCore (and «we» and «our» should be construed accordingly).
By using the Services, you agree to the rules set out in this Policy. We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.
10.2 General usage rules
You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
You must not use the Services:
- in any way that is unlawful, illegal, fraudulent or harmful; or
- in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must ensure that all Content complies with the provisions of this Policy.
10.3 Unlawful Content
Content must not be illegal or unlawful, must not infringe any person’s or entity’s legal rights, and must not be capable of giving rise to legal action against any person or entity (in each case in any jurisdiction and under any applicable law). Content, and the use of Content by us in any manner licensed or otherwise authorized by you, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) constitute a breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) constitute a breach of official secrets legislation; or
(k) constitute a breach of any contractual obligation owed to any person or entity.
You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
10.4 Graphic material
Content must be appropriate for all persons who have access to or are likely to access the Content in question. Content must not depict violence. Content must not be pornographic or sexually explicit.
10.5 Factual accuracy
Content must not be untrue, false, inaccurate or misleading. Statements of fact contained in Content and relating to persons (legal or natural) must be true ; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
10.6 Negligent advice
Content must not consist of or contain any [legal, financial, investment, taxation, accountancy, medical or other professional] advice, and you must not use the Services to provide any [legal, financial, investment, taxation, accountancy, medical or other professional] advisory services.
Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet. Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory. Content must not be liable to cause annoyance, inconvenience or needless anxiety. You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people. You must not use the Services for the purpose of deliberately upsetting or offending others. You should use appropriate and informative titles for all Content. You must at all times be courteous and polite to other users of the Services.
10.8 Marketing and spam
Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
You must not send any spam to any person using any email address or phone number made available through the Services or that you find using the Services.
You must not use the Services to promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, «get rich quick» schemes or similar letters, schemes or programs.
You acknowledge that we do not actively monitor the Content or the use of the Services.
10.10 Data mining
You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
10.12 Harmful software
The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
11 Customization, feedback and modifications
FrontCore and Organisers may agree that FrontCore shall design, develop and implement a customisation or customisations in accordance with a specification and project plan agreed in writing by the parties. All Intellectual Property Rights in the customisations shall, as between the parties, be the exclusive property of FrontCore. From the time and date when a customisation is first delivered or made available by FrontCore to the Organizer, the customisation shall form part of the Services, and accordingly from that time and date the Organizer’s rights to use the customisation shall be governed by these Terms of Service. You acknowledge that FrontCore may make any customisation available to any of its other Organizers or any other third party.
11.2 Feedback and modifications
You hereby agree to and acknowledge that (a) any and all recommendations or input for correction, change and modification to the Services and other feedback (including but not limited to written or oral feedback), and input provided by you to FrontCore (collectively “Feedback”); and (b) all suggestions for improvements, updates, modifications or enhancements, whether made, created or developed by FrontCore or otherwise relating to Feedback (collectively, “Modifications”), are and will remain the property of FrontCore. All Feedback and Modifications become the sole and exclusive property of FrontCore and we may use and disclose Feedback and/or Modifications in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby agree to and acknowledge that any and all right, title, and ownership (including but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how, software, programming, codes and any and all other intellectual property right) arising from any and all Feedback and Modifications is the property of FrontCore. You hereby agree to waive any moral rights you may have in any and all Feedback and Modifications.
11.3 Copyright infringement
If You believe that Your copyrighted work has been copied in a way that constitutes copyright violation or that there is infringing material available through the Service, please notify us immediately. You must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that You claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on FrontCore website;
- Information reasonably sufficient to permit FrontCore to contact You, such as Your address, telephone number, and e-mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to our legal address or [email protected].