Veracity  –  General Terms of Use

Last update: 2nd November 2017

1             General

1.1             These general terms and conditions (the “Agreement”) shall govern the use of https://www.veracity.com (hereinafter called the “Platform”) and the information, material and services on or made available through the Platform.

1.2             The Platform is owned and operated by DNV GL AS (“DNV GL”). DNV GL is a Norwegian registered limited company, registration number 945 748 931, with headquarters at Veritasveien 1, 1322 Høvik, Norway.

1.3             By clicking “I accept” you agree to be bound by the Agreement and confirm that you are authorized to sign for and enter into binding agreements for the corporation, partnership, limited liability company or other entity (the “Company”) you are representing and that the Company agrees to be bound by the terms and conditions of this Agreement.

1.4             The Agreement shall supersede and invalidate all prior representations, including any pre-existing agreements between the parties, relating to the Platform, unless otherwise explicitly agreed with reference to this Agreement.

1.5             This Agreement shall be governed by and construed exclusively in accordance with the laws of Norway, without regard to principles of conflicts of law. Any disputes arising under or in connection with the Agreement or the use of information, material and services available on or through the Platform, whether in contract or in tort, shall be subject to the exclusive jurisdiction of the courts of Norway.

1.6             This Agreement, including the choice of law and legal venue clauses, applies correspondingly to any local language version of the Platform.

 

2             Product, app and service specific terms

                Specific terms for the Platform and products, apps and services which are provided or given access to on or through the Platform by DNV GL and/or third parties, may apply, in particular with respect to payment for services in general and for access to and use of Veracity data fabric.

 

3             Privacy and security

3.1             Our handling of personal data made available at or generated through the Platform is governed by the Privacy Statement available at the following https://www.veracity.com/PrivacyStatement.

3.2             For security purposes and to ensure that the Platform remains available to all users, DNV GL monitors network traffic to identify unauthorised attempts to upload or change information or to otherwise cause damage to the Platform. Anyone using the Platform expressly consents to such monitoring.

3.3             Unauthorised attempts to modify any information stored on the Platform, to defeat or circumvent security features, or to utilize the Platform for other than its intended purposes, are prohibited and may result in criminal prosecution.

3.4             If monitoring reveals evidence of possible criminal activity, such evidence may be provided to the appropriate authorities.

3.5             Company shall employ market standard information security tools and procedures and take relevant market standard measures to ensure that its use of the Platform and the products and services made available on the Platform does not cause damage to the Platform or its users.

3.6             The Platform may not be used in any manner or for any purpose other than as expressly permitted by this Agreement, hereunder, you may not attempt to:

               (a)              interfere with the intended and efficient functioning of the Platform; or

  (b)              reverse engineer, disassemble, or decompile the Platform or the products and services made available on the Platform or apply any other process or procedure to derive the source code of any software included in the Platform.

 

4             Copyright statement

4.1             DNV GL holds necessary rights to all information, materials and services made available by DNV GL on the Platform unless otherwise stated or following from the context.

4.2             The Platform is subject to DNV GL copyright. All rights reserved. No part of the Platform may be reproduced, transmitted or copied in any form or by any means, including uploading on the internet, without the prior written consent of DNV GL.

4.3             Unless otherwise following from the context, any right to download material is for internal use and for non-commercial purposes only, and does not include the right to copy, distribute further or modify.

4.4             DNV GL and the horizon mark are registered trademarks of DNV GL AS.

4.5             Company warrants that it holds all necessary rights to information and materials that it uploads or otherwise make available on the Platform, and shall hold DNV GL harmless for any documented cost or liabilities arising in connection with infringement claims.

 

5             Disclaimer of endorsement

5.1             The Platform contains offers, hypertext links, pointers to information, apps, products and services created and maintained by third parties (“Third Party Content”).

5.2             Third Party Content will be offered and made available to Company on the Platform. The relevant third party provider is solely responsible for the Third Party Content offered by it on the Platform, and DNV GL shall have no obligation or liability arising from such Provider Content.

5.3             Further, the inclusion of links or pointers to websites other than DNV GL websites is not intended to assign importance to those sites and the information contained therein, nor is it intended to endorse, recommend, or favor any views expressed, or commercial products or services offered on these outside sites, or the organizations sponsoring the sites, by trade name, trademark, manufacture, or otherwise.

5.4             Reference on the Platform to any specific commercial product, process, or service, or the use of any trade, firm or corporation name is for the information and convenience of the Platform’s users only, and does not constitute endorsement, recommendation, certification or other endorsement by DNV GL.

5.5             The views and opinions of authors expressed on the Platform do not necessarily state or reflect those of DNV GL, and shall not be used for advertising or product endorsement purposes.

 

6             DNV GL rules and standards and other service documents

The content of the DNV GL service documents made available to you for downloading is subject of intellectual property rights reserved by DNV GL. You are granted a right to download the documents in electronic format and a right to use the documents for your internal purposes with the following restrictions:

(a)              The right to use does not include any right to copy, modify or further distribute any of these documents, including by uploading any of these documents to the internet and/or an intranet without DNV GL’s explicit prior written consent.

(b)              By downloading the documents, you acknowledge and accept that user restrictions may apply to some of the documents. Such user restrictions will be found on the front page of the relevant documents and will typically restrict your ability to use the documents to offer classification, certification and/or verification services, including the issuance of certificates and/or declarations of conformity. The user restrictions will be deemed to be understood and accepted upon downloading of the documents.

(c)              DNV GL is not responsible for the consequences arising from any use of these documents.

 

7             Availability of products, apps, services, information and materials

Unless otherwise agreed in connection with a specific product, app or service, DNV GL may change, update or remove the products, services, apps, information and material that it has made available on or through the Platform without notice.

 

8             Cloud based or hosted products, apps and services

8.1            DNV GL may use services from reputable service providers for the purpose of cloud based or hosted products, apps and services. All hosted or cloud based products, apps and services will be subject to the service levels and terms of the relevant provider.

8.2             The relevant terms and service levels will be deemed to be implemented or reflected in all product, service and app agreements unless otherwise informed.

 

9             Amendments to the Agreement

9.1             DNV GL reserves the right to change the Agreement periodically, without providing individual notice. All such changes will take effect once they have been posted on the Platform. You agree that it is your responsibility to monitor such updates and that your continued use of the Platform after such revisions will constitute your full acceptance of such changes.

9.2             The Agreement was last updated on the date listed at the top of the document.

9.3             DNV GL may, without prior notice, assign, transfer or delegate in any other manner any or all of its rights and obligations under this Agreement to any affiliate. For the purposes of this clause only affiliate shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with DNV GL. A business entity shall be deemed to control another if it owns, directly or indirectly, in excess of 50% of the outstanding voting securities or capital stock of such business or any other comparable equity or ownership with respect to a business entity.

 

10          Confidentiality

10.1          Both parties agree to use reasonable, market-standard endeavours to avoid disclosure of Confidential Information obtained from the other party.

10.2          Confidential information (“Confidential Information”) means any and all information disclosed verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood by the recipient party to be confidential or proprietary to the other party. Confidential Information includes, but is not limited to, trade secrets, computer programs, software, formulas, data, inventions, techniques, documentation, marketing plans, strategies, forecasts and third party confidential information.

10.3          However, each party shall be free to disclose such information as is:

                    (a)              known prior to the information being disclosed by the other party;

                    (b)              part of the public domain at the time of disclosure, or

                    (c)              required to be disclosed by public authorities in accordance with applicable law.

10.4          DNV GL is continuously improving its services to the industry to fulfil its purpose, which is to safeguard life, property and the environment. Company acknowledges that DNV GL shall hold a right to use and process any information generated or collected under or in connection with this Agreement, including in connection with any product, app or service accessed or used by Company, in an anonymized and aggregated form.

 

11          User and Company information

11.1          User shall keep all user names and passwords provided for use on or in connection with the Platform confidential, and not distribute them further within or outside of user’s organization.

11.2          You are responsible for maintaining the confidentiality of your registration information, including your user ID and password and for any and all activity that occurs on your account. You agree that you will immediately notify DNV GL of any unauthorized use of your user ID and/or password and that you will not allow any third party to use your account.

11.3          All users have to log-out and close the web browser, to end a user session. DNV GL assumes no liability or responsibility for (i) any errors or omissions in the content or (ii) any direct, indirect or any other loss or damage, whether in contract or in tort (including negligence), arising as a consequence of not following this log-out procedure.

11.4          All access to and use of the Platform shall be in accordance with any instructions regarding use from time to time. In particular, your and Company’s access to the Platform may at any time be subject to a verification procedure by DNV GL and in this respect, you may be required to provide such information and/or documentation as requested by DNV GL, e.g. as part of anti-money-laundering procedures.

 

12          Company administrator rights

12.1          DNV GL may grant local company administrator rights to the Company you are representing.

12.2          Company shall defend and hold harmless DNV GL for all and any costs or losses, including but not limited to, loss of or unintentional propagation of data, arising from or in connection with Company’s, Company representatives’ or company administrator’s non-compliance with the applicable company administrator and user requirements.

12.3          The company administrator may create and delete individual user accounts for sub-users. It is the company administrator’s responsibility to keep informed of the possibilities (or lack of such) to limit the individual sub-user’s access, and to make use of the available possibilities to restrict access whenever the company administrator deems this necessary. It is the Company’s responsibility to implement such contractual obligations and restrictions on the individual sub-users as the company administrator considers required, based on the relevant access rights the company administrator has provided to the various individual sub-users. The company administrator is responsible on behalf of Company for keeping track on all sub-user accounts and for all use by the Company’s sub-users.

 

13          Termination and suspension of access

13.1          You may terminate this Agreement with immediate effect upon prior written notice. In case of termination, you will no longer have access to the Platform.

13.2          DNV GL may terminate this Agreement for any reason by providing 90 days’ prior notice by e-mail. In case of such termination, you will no longer have access to the Platform.

13.3          DNV GL may also terminate this Agreement and deny further access to the Platform with 14 days’ prior notice if:

(a)              DNV GL’s relationship with a third party partner who provides software, digital infrastructure, cloud based or hosted services or other technology DNV GL use to provide the Platform or any product, app or service available on or through the Platform is suspended or terminated or otherwise disrupted;

(b)              the products, apps or services expire, terminate or require DNV GL to change the way we provide products, apps or services;

(c)              DNV GL believes providing the Platform could create a substantial economic or technical burden or material security risk for DNV GL;

(d)              in order to comply with the law or requests of governmental entities; or

(e)              DNV GL determines that the delivery of the Platform has become impractical or unfeasible for any legal or regulatory reason.

13.4          DNV GL may fully or partially deny or suspend access to the Platform for all or specific users if DNV GL in its sole discretion finds that such suspension is necessary in order to avoid or mitigate a material security risk.

13.5          The parties’ obligations under sections 10 Confidentiality and 15 Indemnification and liability shall survive the termination of this Agreement.

 

14          Contracts not related to the Platform

Unless explicitly acknowledged by DNV GL in the contract in question, no information, statements, representations or materials in this Agreement shall be deemed to be relevant for the interpretation of any contracts entered into with DNV GL which are not related to the Platform or the use thereof.

 

15          Indemnification and liability

15.1          Company agree to indemnify and hold DNV GL, and its officers, employees, representatives, contractors and agents harmless from any liability, loss, claim and expense, including attorneys' fees and expenses, related to or arising out of your breach of this Agreement or your use of the Platform.

15.2          Reasonable efforts are made to provide accurate and complete information on the Platform. However, DNV GL makes no claims, warranties or guarantees regarding the accuracy, currency, completeness or adequacy of the contents of material and information made available or generated on or through the Platform and expressly disclaims liability for errors, incompleteness and omissions in material or information made available or generated on or through the Platform. Unless otherwise explicitly agreed and to the extent permitted by applicable law, the Platform and everything made available on or through the Platform is provided "as is" without warranty of any kind. This applies whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

15.3          User and Company waive any claims arising from any inaccuracy or incompleteness of information provided or given access to or generated on or through the Platform.

15.4          With respect to content made available or generated on or through the Platform DNV GL does not make any warranty, expressed or implied or statutory, including but not limited to warranties of non-infringement of third party rights, title, merchantability or fitness for a particular purpose.

15.5          Unless otherwise explicitly agreed, DNV GL does not assume any legal liability for any direct, indirect or any other loss or damage, whether in contract or in tort (including negligence), for the lack of accuracy, completeness or usefulness of any information, product, or process disclosed or processed on or through the Platform or any products, apps, or services made available at the Platform, nor from computer virus.

15.6          To the extent permitted by applicable law, in no event will DNV GL be liable for any damages whatsoever, including but not limited to, special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use or data, cyber-attacks or propagation of data or information, whether brought in contract or tort, arising out of or connected with the Platform or the use or reliance upon any of the content, representations, advice or information, products, apps or services made available on or through the Platform.

15.7          Company acknowledges and agrees that DNV GL is using reputable digital infrastructure service providers for the provision of cloud infrastructure, hosted services and related services for the purpose of the provision of products, apps and services on and through the Platform. The provision of this infrastructure and related services is subject  to the digital infrastructure service terms. The Company acknowledges and agrees that DNV GL does not undertake any obligations towards Company which go beyond the obligations that the digital infrastructure service provider has undertaken against DNV GL and that DNV GL will endeavor (but not be obliged) to enforce, and that save to the extent that DNV GL enforces the digital infrastructure service terms, DNV GL makes no warranties regarding the digital infrastructure or the services provided by the digital infrastructure service provider, including in negligence, and any warranties of merchantability and fitness for a particular or intended purpose, are specifically disclaimed by DNV GL and waived by the Company to the fullest extent permitted by law.