RAMBOLL REHUB

DISCLAIMERS, TERMS OF USE AND PRIVACY LANDING PAGE

1. LIMITED/RESTRICTED LICENSE TO ACCESS/USE PLATFORM, ETC. Subject to (a) the below definitions, (b) the remaining terms of this Platform-Terms Landing Page, (c) the Terms of Use (d) the Platform Privacy Policy and (e) the Prime Agreement, Ramboll grants to you a limited and restricted license to access certain parts of the Platform and to access and use certain of the Platform Functionality/Services You may not access or use any part of the Platform or any of the Platform Functionality/Services unless and until you have read and agree to be bound by the terms of this Platform-Terms Landing Page, the Terms of Use and the Prime Agreement, and unless and until you have read and acknowledge the Platform Privacy Policy.


2. DEFINITIONS. For purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy, the below defined terms shall have the meanings set forth below. Additional defined terms and their respective definitions for purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy may be set forth elsewhere herein, in the Terms of Use, in the Platform Privacy Policy and/or in the Prime Agreement.

• “Affiliate” means a direct or indirect parent company of Ramboll or a direct or indirect wholly or partially owned subsidiary of any such parent company.
• “Corporate Parent” means Ramboll’s direct parent company, Ramboll Group A/S.
• “Non-Public Access/Fee Schedule” means the Platform access and fee schedule set forth in the Prime Agreement.
• “Platform” means Ramboll REHUB, together with any and all other applications, websites or similar platforms that are linked to the Ramboll REHUB or to this Platform-Terms Landing Page, or that incorporate either by reference.
• “Platform Data Processing Agreement” means the data processing agreement accessible and downloadable located at https://ramboll.com/-/media/files/rgr/documents/legal/Standard-Platform-DPA-Ramboll .
• “Platform Functionality/Services” means the Platform’s functionality and the content, data, information, products and/or services available through, or otherwise related to, the Platform.
• “Platform-Terms Landing Page” means this Ramboll REHUB Disclaimers, Terms of Use and Privacy Landing Page.
• “Platform Privacy Policy” means the privacy terms, disclosures, etc., located at https://ramboll.com/legal-information/standard-platform-policy as well as those incorporated therein by reference, as may be modified by this Platform Landing Page.
• “Prime Agreement” means the agreement made between Ramboll and the customer relating to providing a licence to access the Platform, including but not limited to; the fee, number of users and duration of the term.
• “Ramboll” means Ramboll Norge AS incorporated and registered in Norway with company number 915 251 293 whose registered office is at Harbitzalléen 5, 0275 Oslo
• “Retention Period” means the personal data retention period(s) applicable to the Platform, as set forth in the Platform Data Processing Agreement, or, if none, two (2) months after your license to use the Platform or any of the Platform Functionality/Services expires.
• “Terms of Use” means the terms of use located at https://ramboll.com/legal-information/standard-online-platform-terms-with-fee-provisions, as may be modified by this Platform Landing Page.

3. DISCLAIMERS.

Ramboll and its Affiliates expressly disclaim any and all duties beyond those, if any, expressly and unequivocally assumed by them, respectively, in this Platform-Terms Landing Page, the Terms of Use, the Platform Privacy Policy or the Prime Agreement. Any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than Ramboll) also is subject to any and all disclaimers set forth elsewhere herein or in the Terms of Use, Platform Privacy Policy or Prime Agreement.

4. TERMS AND CONDITIONS.

By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you are over eighteen (18) years old, and you acknowledge and agree that, by accessing and/or using any of the foregoing, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, are entering into a legally binding agreement/contract with Ramboll consisting of all terms and conditions set forth in or incorporated into this Platform-Terms Landing Page (including specifically, but without limitation, the Terms of Use), and that you and any such other persons or entities understand and agree to comply with and be legally bound by those terms and conditions. The Platform and the Platform Functionality/Services are intended for business-to-business, professional or educational use only, and not for consumer use (i.e., use unrelated to the user’s business, professional or educational activity). By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you have accessed/used same and will access/use same in the future only for their intended use. Subject to the terms of this Platform Legal/Privacy Landing Page, the Terms of Use, the Platform Privacy Policy and the Prime Agreement, the Terms of Use grant to you public/free access to/use of (i.e., access/use without the need for log-in credentials and without payment) only very limited parts of the Platform and the Platform Functionality/Services (e.g., access to the log-in page and/or other limited Platform locations or functions). As set forth more fully in the Terms of Use and the Prime Agreement, access to/use of other parts of the Platform and the Platform Functionality/Services is/are subject to the non-public access and/or payment terms stated in the Terms of Use and Prime Agreement (including specifically, but without limitation, the Non-Public Access/Fee Schedule set forth therein) For purposes of the Platform and Platform Functionality/Services, the referenced Terms of Use are modified as follows: All text of paragraph 22 (following the heading “Governing Law, Choice of Forum, Disputes Resolution”) is stricken in its entirety and replaced with the following:

These Terms of Use, any and all other terms and conditions governing your access to or use of the Platform and/or Platform Functionality/Services and your access to and use of the Platform and/or Platform Functionality/Services in general shall be construed under/governed by the laws of the jurisdiction identified in the Prime Agreement as the jurisdiction under the laws of which the Prime Agreement shall be construed and by which it shall be governed, without regard to the conflict of laws rules of that jurisdiction or any other jurisdiction – or, if none, the laws of Norway. Any dispute or controversy relating to these Terms of Use, any and all other terms and conditions governing your access to or use of the Platform and/or Platform Functionality/Services or your access to and use of the Platform and/or Platform Functionality/Services in general that cannot be resolved amicably shall be resolved in the forum (and under the rules thereof) identified in the Prime Agreement as the forum in which disputes or controversies relating to the Prime Agreement shall be resolved – or, if none, the courts of Norway, who shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Platform-Terms Landing Page or its subject matter or formation (including non-contractual disputes or claims) (under the rules thereof).

In addition to and notwithstanding anything to the contrary in the Terms of Use, the following new clauses are inserted in the Terms of Use as follows;

Clause 23: USING THE PLATFORM

As a condition of your use of the Platform you agree that you will not:

• distribute viruses or any other technologies that may harm Ramboll or the interests or property of other Platform users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of the Platform;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access the Platform and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to the Platform;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third-party rights or our systems or policies;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• use the Platform if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our the Platform;
• manipulate the price of any item or interfere with any other user's listings;
• post false, inaccurate, misleading, defamatory, or libellous content;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• use the contact information of other users for any purpose other than in relation to a specific Platform transaction on the Platform site (which includes using this information to send marketing materials directly to other Platform users unless the user has given explicit consent to receiving these materials);
• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Ramboll. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Ramboll or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Platform or post content that does not belongs to you;
• commercialise any Platform application or any information or software associated with such application;

You are solely responsible for all information that you submit to the Platform and any consequences that may result from your post. Ramboll reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the Platform either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Platform-Terms Landing Page terms in any way and/or behaving suspiciously on the Platform, we may, at our discretion, inform other Platform users that have been in contact with you and recommend that they exercise caution. If you are registering with the Platform as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on the Platform, you must comply with all applicable laws relating to online trading for the site you are selling on.

Clause 24: ABUSING THE PLATFORM

Ramboll and the Platform community work together to keep the Platform working properly and the community safe.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the Platform if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of any policies set out on the Platform. However, whether we decide to take any of these steps, remove hosted content or keep a user off the Platform or not, we do not have any obligation to monitor the information transmitted or stored on the Platform and we do not accept any liability for unauthorised or unlawful content on the Platform or use of the Platform by users.

Clause 25: CONTENT

You agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Platform (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party platforms and media channels. In particular, by giving us content, you grant us the right to display such content on platforms that are part or may become part of the REHUB Platform community, such as classifieds sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Ramboll may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Platform ad while your ad is on the Platform. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your postings).This permission is subject to modification or revocation at any time at Ramboll's sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Ramboll is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Platform-Terms Landing Page terms and all Platform policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us

Clause 26: INFRINGEMENT

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products are offered on the Platform by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us, products infringing on the intellectual property rights will be removed by Ramboll.

Clause 27: LISTING CONDITIONS

When listing an item, you agree to comply with the following:

• you are responsible for the accuracy, content and legality of the item listed;
• your listing may not be immediately searchable by keyword or category. Ramboll does not guarantee exact listing durations;
• you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales via the Platform. To the extent possible under the applicable law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT (or equivalent) registration number and/or your failure to pay any such taxes, penalties or interest;
• content that violates any of Ramboll's policies may be modified, obfuscated or deleted at Ramboll's discretion;
• to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;

Clause 28: RELEASE

You agree not to hold us responsible for things other users post or do. We do not review users' postings and are not involved in the actual transactions between users. You agree, acknowledge and accept that any transactions undertaken by you and any other user of the Platform creates a separate legally binding contract for the sale of goods, of which Ramboll are not a party and have no liability. As most of the content on the Platform comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, merchantability, fitness for purpose or legality of what's offered.

Ramboll does not have possession of anything listed or sold through the Platform, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Ramboll cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Platform.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

Ramboll does not review users' listings or content. Ramboll has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. If you have a dispute with one or more Platform users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Clause 29: DATA PROCESSING AGREEMENT

The Platform Data Processing Agreement is hereby incorporated into the Terms of Use and shall apply to all processing of personal data hereunder.

5. PRIVACY.

IN ADDITION, by accessing and/or using any part of the Platform or Platform Functionality/Services, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, acknowledge that you have read and understand the Platform Privacy Policy, including, any and all policies, statements, terms, disclosures, etc., that may be incorporated therein by reference, whether related to privacy or otherwise, such as, for example, any general privacy policies, statements, terms, disclosures, etc., of Ramboll and its Affiliates, including its Corporate Parent (like those set forth at https://ramboll.com/legal-information), and any jurisdiction-specific privacy policies, statements, terms, disclosures, etc., (like those made pursuant to or otherwise related to the European Union General Data Protection Regulation or the California Consumer Privacy Act), whether generally applicable, applicable only to citizens/residents of the subject jurisdiction or otherwise.

Please note, however, that:

• where general privacy policies, statements, terms, disclosures, etc., that are incorporated by reference into the Platform Privacy Policy conflict with information set forth elsewhere that is specific to the Platform, such as, for example, within the text of the Platform Privacy Policy page itself, the latter shall govern;
• where jurisdiction-specific privacy policies, statements, terms, disclosures, etc., that are set forth within or incorporated by reference into the Platform Privacy Policy conflict with other information set forth within or incorporated into the Platform Privacy Policy, then, as to citizens/residents of a given jurisdiction, and those whose relevant rights otherwise are governed by the privacy laws of the subject jurisdiction, the subject jurisdiction-specific privacy policies, statements, terms, disclosures, etc., shall govern; and
• information set forth within or incorporated by reference into the Platform Privacy Policy may not apply to other applications, websites and platforms of Ramboll and its Affiliates.

In addition, please note that, to the extent the Platform or Platform Functionality/Services link to third-party applications, websites or other platforms, Ramboll and its Affiliates are not responsible for the content, privacy practices, etc., of such third-party applications, websites or other platforms. Ramboll encourages users to be aware when they leave the Platform or Platform Functionality/Services and to read the terms of use, privacy statements, etc., of any other application, website or other platform that collects information.