Article 1. Definitions
1.1 Best in Test:
Best in Test, whose registered office is in Oslo, is registered at the Norwegian Chamber of Commerce at number 994 735 950.
The general terms and conditions of Best in Test
The website is exclusively owned by Best in Test, including all web pages which fall under the domain name as the corporate publication pages and sister sites/banners that are redirected.
The party who entered into an agreement with Best in Test and who is applicable to using the services provided by Best in Test.
The party to whom the User sent a review request to, or has sent using the website (service), or the one leaving a review about the User.
The opinion about the User which was giving by the Client(s).
1.8 Service(s) (extension):
This consists of the access to the member area of the website of Best in Test using online login as well as the usage of any services that are included.
1.9 User Information:
Best in Test defines user information as your personal user name (e-mail address) in combination with the password that has been defined by you or Best in Test
All information that is placed on the website Best in Test including any reviews which have been placed by clients by the request of the User and reviews which have been given on the clients own discretion.
Article 2. Establishment agreement
2.1 The agreement is established after online contribution payment on Best in Test and after the approval of the Terms or Use of Best in Test
Article 3. Acceptable Use Policy
3.1.2 Best in Test cannot guarantee loss of data. The User is at all times solely responsible for the periodic export of any collected data to a secure environment.
3.1.3 The User will never distribute any content via the website which is unlawful, threatening, villainously, damaging, vulgar, diminishing, indecent, discriminatory, derogatory, pornographic, rude, sexually discriminating or other non-acceptable forms within the Norwegian values and standards.
3.1.4 The User will also not place advertisements or promotional content of illegal products or services or place any copyrighted content or intellectual property of someone other than the User.
3.1.5 The User will handle any personal information of clients with care by giving a review and will never distribute this to third parties without expressed consent (and for persons below the age of 18 the legal guardians).
3.1.6 The User will not collect information or reviews of persons below the age of 13.
3.1.7 When Users contact a client in response to (insufficient) reviews, it applies that the language used should always be appropriate and not: unlawful, threatening, villainously, damaging, vulgar, diminishing, indecent, discriminatory, derogatory, pornographic, rude, sexually discriminating or other non-acceptable forms
3.2 The acceptable use policy under Article 3 is always to be followed by the User. The User is liable for any damages that may be caused by violating this acceptable use policy and Best In Test can hold the User responsible for these damages.
Article 4. General
4.1 Best in Test tries at all times to ensure that the content on the site is as complete and current as possible. However, Best in Test gives no warranty as to the accuracy, timeliness, reliability, and accuracy of the information on the web site whatsoever.
Article 5. Applicability
5.1 Any purchase, or other conditions made by the User are only applicable when they are accepted by Best in Test in writing. In any other case, this does not apply.
5.3 If any provision of this agreement made with you is held invalid, the remainder of this Agreement shall continue in full force and effect.
Article 6. Providing of service(s)
6.1 Best in Test is entitled at any time to change, and/or to make improvements to the services whenever Best in Test decides.
6.2 During any (technical) problems, Best in Test is entitled to block or limit the access to the service(s) if Best in Test considers this necessary in order for the (technical) problem to be resolved. Without notifying the User in advance.
6.3 Best in Test is entitled to block or limit the access to the service(s) during maintenance if Best in Test considers this necessary in order for the (technical) problem to be resolved. Without notifying the User in advance.
6.4 If due to technical faults or maintenance access the use of the service(s) is temporarily or completely blocked, the User has no rights to refund its subscription fee if the access, resulting from a fault or maintenance is restored within 12 months. Of course, the period of the contract (free of charge) will be extended for the period that the blockade or restriction has lasted.
6.5 Best in Test is entitled to delete any reviews at all times.
6.6 The User agrees that all communication between you as a User and Best in Test will take place using the website of Best in Test and/or e-mail.
6.7 The User has the responsibility to provide the necessary hardware and software, configuration, compatibility, connection and other possible peripherals that allow access and usage of the service. Best in Test strives to support the most used (recent) browser(s) and states explicitly that not all browsers are supported.
6.8 Best in Test cannot guarantee unlimited accessibility to the service(s) of the website as Best in Test is partially dependent upon third parties and technical facilities.
6.9 Through the system (services) of Best in Test, various e-mails are sent. For all e-mails which are sent from Best in Test, Best in Test can never ensure that 100% of the e-mails to arrive at the recipient(s) (customers) because we do not have any influence on the e-mail configuration of the customer. Best in Test cannot be held responsible for this and this can therefore not constitute as a reason for refund of the subscription fee and/or dissolution of the agreement. In addition, Best in Test cannot be held liable for any damage and/or consequential damages resulting from e-mails that are sent from Best in Test that do not arrive or in two-fold.
Article 7. Data confidentiality and privacy
7.1 Best in Test will, unless injunction, not provide any personal data that has been supplied by the User without consent of the User to any third parties, unless this is required for the continuation of the service(s).
7.2 The User gives permission to Best in Test to record in a manner that is required for maintenance and exploitation of the service(s). The user also gives permission to register any client data (e-mail addresses) that is required for maintenance and exploitation of the service(s).
7.3 Best in Test has made efforts in order to provide security of the service(s), but can give no guarantee for this security. In light of the inherent risks that are associated to the use of internet and e-mail, Best in Test cannot guarantee the confidentiality and reliability of personal data and messages (email).
7.4 When the User suspects that his or her account is being improperly used for service(s) of Best in Test, the User can report this by writing an e-mail to Best in Test. Best in Test is not liable for any damages that may result of improper usage as previously described.
Article 8. Duration and termination
8.1 All agreements with Best in Test will be extended without any notification for the same period.
8.2. Termination is done by sending an e-mail to Best in Test no later than 3 months prior to the expiration of the agreement.
8.3 Best in Test is entitled to end the agreement and/or all of the services at any time without giving any reason. Best in Test is not liable for any resulting damage for the user.
8.4. Best in Test is allowed to store client data in perpetuity after termination in order for proper maintenance and exploitation of the service(s)
Article 9. Liability, safeguarding and risk
9.1 Best in Test is only liable for direct damages. If Best in Test is liable for direct damages, it is limited to the maximum invoice value (1 year of subscription value), at least to the part of the services to which the liability relates, up to the portion that has already been paid to Best in Test.
9.2 The User indemnifies Best in Test for all claims of third parties, based on the allegation that the conduct of the User infringes the rights of third parties. User shall indemnify Best in Test in that sense also for all costs (including legal costs and costs for legal assistance) when applicable.
9.3 Best in Test is never liable for any damage that is the result of incorrect or incomplete information on the website.
9.4 Best in Test is not liable for indirect damage, such as: making (wrong) decisions on basis of any collected data, reputation damage, and loss of profit and loss of data / collected reviews or any other forms of damage.
9.5 The User agrees not to hold Best in Test, related partners and/or third parties liable for any possible damage or costs that have incurred after using the service(s) that is offered by Best in Test.
9.6 Best in Test can never be held liable for the method of collecting reviews and the content of the reviews of customers or any approaching customers by using the service(s) offered by Best in Test. Best in Test can never be held liable for the content of reviews regarding any companies customers themselves left behind by their selves (i.e. not after being invited by the company). In addition, Best in Test is never liable for any subsequent damage or other resulting damages.
9.7 The User shall bear the risk of the use of the service(s) that are provided by Best in Test and the application thereof in its organization. This also includes any downloadable data files. The User is also responsible for the control and security procedures and an adequate system management.
9.8 Best in Test is not now, nor in the future liable for any damage, costs, faults, errors or non-availability of access to the site, the loss of reviews and/or the download of data files.
9.9 Best in Test is not now, nor in the future liable for any damages or costs which are the result of abuse of user data (Username and password).
9.10 Best in Test can hold the User liable for any damages that Best in Test or a third party experiences by the abuse of (user) data of the User by the User or a third party.
Article 10. User Obligations
10.1 The User is fully responsible for the use of the service(s), provided by Best in Test, including the management of its user data. Unlawful and improper use of the service(s) is at the risk of the User. In this context, it is the responsibility of the User to use legally authorized keywords that improve the discoverability in search engines. The use of the brand names of others is for those reasons not allowed. User may be held liable in the event of infringement.
10.2 The User may not use the service(s) of Best in Test in order to commit any offenses. Under this abuse, acts such as: unapproved computer access ( “hacking”) via the service(s) or the Internet, destruction, damaging or crippling systems, the spreading of viruses or key loggers through the website of Best in Test or the sending of so-called “mail bombs” are included.
10.3 The user will only agree to invite clients who have taken a service or product of the User and who can show this whenever needed by providing an agreement and thus objectively can give a review of the User. This also applies for reviews of clients about the User which have not been requested by the User and that have been placed on the website. This all according to the Opta Spam-Policy. Any damages that result of non-compliance of the rules may be charged to the User.
10.4 The User agrees that the service(s) of Best in Test are used in a manner that was intended.
Article 11. Intellectual property rights.
11.1 All copyright and rights of intellectual and/or industrial property rights that can be applied in respect of the service(s) are the property of Best in Test.
11.2 Best in Test has a perpetual, unlimited, worldwide and irrevocable right to use a review in the context of its business, to adapt, multiply or use in any present of future media without any royalties or any other compensation.
11.3 The User is not allowed to publish, make public, transfer, or use a review in any other similar service(s) that are similar to Best in Test without written consent of Best in Test
Article 12. Final provisions
12.1 In this Agreement between Best in Test and the user is the Norwegian law applicable. Any disputes will be subject to the jurisdiction of a judge in Oslo.
12.2 If any provision of this agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. At all times, acts will be according to ‘the spirit’ of this Agreement.
12.3 All rights not expressly granted in these terms and conditions are reserved.