Terms and Conditions
DO NOT USE SERVICES PURCHASED AT MEGAKORT.NO FOR EMERGENCY CALLS.
THE SERVICES DO NOT PROVIDE THE ACCESS OR RELIABILITY REQUIRED FOR EMERGENCY
CALLS OF ANY KIND. IF YOU LET ANYONE USE THE SERVICES PURCHASED AT MEGAKORT.NO,
YOU MUST TELL THEM THAT THE SERVICE IS NOT FOR EMERGENCY CALLS.
MEGAKORT sells prepaid communication services from third-party providers
giving you the cheap rates for making international calls. The Services may
not be available at all times and may not be available in all places.
Because of the nature of the Services and the method
and means the Services are provided, the voice quality, the connectability and
the continuity of the Service is not guaranteed. Any and all rates, fees and
charges and terms of service may be changed
or amended from time to time at the sole and absolute discretion of MEGAKORT and
third-party providers and
without any notice to you. Your rate will vary according to the rates posted on
www.megakort.no at the time you use the
Services. Using the service may incur additional fees from your
telephone company or your mobile phone provider. MEGAKORT and the third-party providers
are not responsible for
any charges that may accrue onto your telephone or mobile telephone bill. All
services are pre-paid and payment requires a valid credit card or PayPal®
account to acquire service. Government mandated taxes and fees may apply.
Governmental mandated payphone surcharges may apply. All balances after one (1) year
of no use may become inactive and may incur additional charges. You may cancel
at any time but no refunds will be issued. To cancel the service, you must
notify MEGAKORT customer service by email to close your accounts. Certain
restrictions may apply.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY
LOGITEL AS. DO NOT CONTINUE ANY FURTHER IF YOU DO NOT WANT TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT; THEY CANNOT BE MODIFIED BY YOU IN
ANY WAY. THE PAYMENT POLICY IS DESCRIBED IN THIS AGREEMENT. THERE IS NO REFUND
OF YOUR PAYMENT.
This User Agreement ("Agreement") is the agreement between you as the "User"
and LOGITEL AS.
The terms and conditions in this Agreement apply to your use of the Services
of Provider and to your use of the website at www.megakort.no ("website").
Your right to use the services of Provider shall begin only upon (1) your
accepting this Agreement; and (2) the processing and acceptance of your payment
"Access to the website" or "access" means access to
the User Login section of the web site in addition to the information on the
website that is accessible to the general public.
"Effective Date" means the date that this Agreement shall be effective. The
effective date shall be the date that you click on the "I Accept" button. All
obligations of Provider are subject to and contingent upon the receipt of good
and sufficient funds.
"Price Schedule" means the schedule of prices for the various Services posted
from time to time on the website by Provider.
"Provider" means a third-party provider of communication services that sells
the services at MEGAKORT.NO.
"Services" and "Communication Services" means all services provided by Provider,
including, but not limited to, enhanced VoIP services and
calling cards whether provided by Provider or a third party or an affiliate or
subsidiary of Provider. Provider reserves the right to revise, modify, alter,
discontinue, add or otherwise change the Services at any time without notice.
Where applicable, Services means those services and products of Provider posted
on the website and available at the time of your use.
"Trademark" means both trademark and service mark as applicable.
"User" means you and includes anyone using the Services.
"User Name" and "Password" mean your user name and password or Personal
Identification Number (PIN) used for accessing the website and the Services.
"MEGAKORT" means LOGITEL AS, the owner of the website, and any parents,
subsidiaries, affiliates, officers, members, directors, managers, employees,
agents, attorneys, and/or suppliers of LOGITEL AS.
"MEGAKORT Information" means the information provided on the website and the
documents emailed to you and other users and the process for delivering the
Services and any intellectual property of MEGAKORT.
"Website" means www.megakort.no . The website is owned and operated by
"You" and "your" mean the User.
2. Your Representations and Warranties and Agreements
To induce Provider to provide you access to the website and to provide you
services, you represent and warrant to Provider that:
(a) You are over the age of eighteen (18) years and have the power and
authority to enter into and perform your obligations under this Agreement.
(b) You will comply with all the terms and conditions of this Agreement,
including, without limitation, the terms incorporated by reference herein, if
any. You will cooperate with Provider and will comply with any reasonable
instructions given by Provider.
(c) You have provided, and will continue to provide, accurate and complete
registration information and all other information requested by Provider,
including, without limitation, your legal name, email address, postal address
and place of residence and all information as may reasonably be requested or
required from time to time by Provider.
(d) You will not permit anyone else to use your User Name or Password,
provide to anyone else your User Name or Password, or permit anyone else to
access the website or the service using your access except upon the conditions
specified by Provider. You will be solely responsible and liable for all
activities conducted through using your User Name even if such activities were
to occur without your permission. You agree to keep your Password confidential
and not to give it to any third party.
(e) You will not copy, modify, adapt, reproduce, translate, reverse
engineer, decompile, disassemble, license, upload, assign, retransmit,
redistribute, display, post or create derivative works from any part of the
MEGAKORT Information. All forms of sublicensing, reselling, republication or
other forms of distribution, including internet posting, electronic mailing,
faxing, archiving in a public database, redistributing via a computer network,
or in a printed form, to third parties of any MEGAKORT Information are strictly
website, which is incorporated herein by reference, as if set forth and restated
in its entirety and as may be amended, changed, or altered by Provider.
(g) You will only use the Services of Provider and the access granted under
this Agreement for lawful purposes.
(h) You will comply with all applicable laws, including those regarding the
export of data and all laws, rules and regulations.
(i) You understand that this Agreement is a legally binding agreement; you
have had the opportunity to consult with an attorney of your choice concerning
your legal rights and obligations under this Agreement; and, you enter into this
Agreement freely and voluntarily with full knowledge of your legal rights and
obligations under this Agreement.
(j) You agree that any correspondence to you, including e-mails, have been
requested by you and Provider is authorized to send them to you.
(k) You will not resell the Services to anyone.
3. Signing Up
To sign up for the Services and get access to the website, you must provide
complete and accurate registration information, including, without limitation,
your legal name, postal address, and email address. When you click the "I
Accept" button, you represent that you have provided that information accurately
and correctly. You agree to maintain and update this information as necessary to
keep it true, accurate, and complete. Provider reserves the right to terminate
service to you or limit access to the website if the information is false,
misleading or inaccurate.
4. Term of the Agreement
The term of this Agreement begins on the Effective Date and can be terminated
at any time by either you or Provider. Although Provider may provide you notice
of termination, you agree that Provider is not required to provide any notice.
Any abuse by you of the terms of this Agreement shall lead to the termination of
Cancellation or other termination of does not terminate this Agreement with
respect to your obligations under this Agreement. In any event, your obligations
under this Agreement and the disclaimers and limitations of liabilities in this
Agreement shall survive until the expiration of the applicable statute of
5. Price Schedule
The price you agree to pay for the Services is the price shown on the Price
Schedule on the website at the time you use the Service. The Price Schedule is
subject to change without notice and any such change shall be posted on the
You agree that by your use of the Services or purchase of any products of
Provider, you accept the prices shown on the Price Schedule at the time of the
use or purchase.
Payment for the Services, including any fees and rates, and payment of
applicable taxes and fees, is due in advance and is payable and fully earned
when paid by you. If a credit card is used for payment, the Payment will be
charged to your credit card prior to the Services being available to you for
your use. The charges will appear on the credit card statement under the name
MEGAKORT or LOGITEL AS. However, Provider reserves the right to change, at
any time, the name under which the charge is made. Provider may, at any time,
refuse, for any reason, to accept any credit or debit card.
If you pay by credit card or debit card, you authorize Provider to submit on
that credit card or debit card for payment, without additional authorization or
approval by you, any other amount that you may owe Provider under this
7. Promotional Offers
Provider may from time to time, in its sole discretion, make special
promotional offers for which specific conditions shall apply. You will not be
eligible for those offers unless Provider specifically notifies you that you may
be eligible for the offer.
8. Refunds, Cancellation, and Termination
All payments received are non-refundable unless specifically authorized in
this Agreement. If you have a credit balance in your account, that credit
balance will not be available to you after one (1) year from the day after your
last chargeable use of that credit and you lose any right to use or claim any
refund of such balance.
You may terminate your use of the Services and your access to the website at
any time. To terminate the Services, you simply cease using the Services. The
amount you paid will not be refunded or prorated if you cease using the
You can request a refund for unused and unexpired credit within six (6)
months of the payment for the Services, by submitting a written request for such
refund with the reasons supporting the request. Provider reserves the right to
reject any request. Any refund, if approved will be made only as a credit back
on the credit card or debit card or PayPal account used to make the payment and
addressed to the person that made the payment. Refund requests carried out
through other means shall not be eligible for a refund. No refunds shall be
given on any account unless the Services or credit was directly acquired online
from MEGAKORT. Promotional credits, vouchers or pre-paid cards are not
In the event that Provider determines that you breached this Agreement or any
term or condition or provision of the website, including non-payment, Provider
has the right, but not the obligation, to immediately cancel your service and to
terminate your access to the website or other services or products being
provided to you by MEGAKORT without a refund.
Provider's obligations to you under this Agreement, including providing any
service to you, are terminated as of the cancellation of your service without
further notice to you.
9. Access and Accessibility
You agree that you have received Provider's services and/or products when
Provider sends or accepts the User Name and Password to the User Login section
of the website.
Provider shall work hard to provide the Services and/or accessibility to the
website 24 hours a day, 7 days a week. However, Provider uses or may use from
time to time third-party servers and makes no guarantee whatsoever that the
website shall be accessible. You agree that from time to time the service may
not be available or the website may be inaccessible or inoperable for any
reason, including, without limitation: (i) equipment malfunctions; (ii) periodic
maintenance procedures or repairs Provider or any third-party may undertake from
time to time; or (iii) causes beyond the control of Provider or which are not
reasonably foreseeable by Provider.
Provider, without notice to you, change, suspend, or discontinue its Services
or the website at any time, including the availability of any feature. Provider
may, without notice or liability to you, also impose limits on certain features
and services or restrict your access to parts of the website or to the services
You agree that it is your responsibility to keep Provider informed of your
email address changes and any developments that might prevent your address from
receiving information from Provider. Provider is not responsible for non-
delivery of your email due to changes in the address, service outages from your
Internet service provider, outage of any telephone service or delays in any
10. User Name and Password
Provider will assign a User Name and Password for you to access the User
Login section of the web site. You agree that you have no right to transfer or
assign your User Name or Password or allow others to use your User name and
Password, and that you are solely responsible for maintaining confidentiality of
the User Name and Password. You agree that you have the sole responsibility for,
and Provider has no responsibility or liability for, keeping your User Name and
Password private and confidential. You agree that if you share your User Name or
Password with anyone else or is used by anyone else, Provider may, in its sole
discretion, terminate your use of the Services and access to the website.
Provider reserves the right to charge you for the cost of each person to whom
you provided your User Name or Password. Provider also reserves the right to
seek recovery of any damages costs and expenses, including attorney's fees, by
any legal means.
You agree that you are aware that the Internet and any information sent via
the Internet may be subject to hacking, malware, spyware, malicious code, worms,
time bombs, viruses, and other risks (collectively, "Internet Risks”) which
could damage, destroy or alter your computer and the software thereon. You agree
that it is your responsibility, and not Provider's, to protect your computer and
the information stored thereon from all Internet Risks. Although Provider will
take reasonable steps to attempt to prevent such from occurring, you agree that
Provider shall not be responsible for, and shall have no liability for, any
damage to you or your computer or your information as the result of Internet
Risks or any other cause or effect resulting from your use of the Internet.
This website may contain links to websites operated by other businesses.
Provider does not control these other sites and is not responsible for their
content. Use of the third party's link or website or products or services is
not necessarily endorse the linked sites or have any association with the
operators of those sites. Provider is not liable for any direct or indirect
technical or system issues or consequences or Internet Risks arising out of your
access to or use of third party technologies or programs available through this
website. You agree that Provider shall have no responsibility or obligation
whatsoever in connection with the use of such products or services.
You agree not to transmit any Internet Risks to Provider and to notify
Provider promptly if your computer is harmed by Internet Risks that you know or
reasonably suspect resulted from communication related to Provider.
You agree not to, nor allow others to, directly or indirectly, attempt or
actually disrupt, impair or interfere with, alter or modify this web site or any
content herein. You agree not to, nor allow others to, directly, or indirectly,
collect or attempt to collect any information about others including e-mail
addresses, names, and other information.
Provider respects the privacy of its readers and shall not disclose,
distribute, or rent its list of users to any third party, nor shall it permit
personal information collected under the prior policy unless permitted by the
prior policy or unless you provide express consent to share that information. No
retroactively without your consent.
You acknowledge that you have received, read and understand the Privacy
Policy of Provider. You agree that Provider has:
(a) Identified categories of personally identifiable information collected
(b) Disclosed the categories of third-party persons or entities with whom
the personally identifiable information may be shared;
(c) Disclosed and explained any existing process that allows you to review
and request changes to the personally identifiable information that has been
collected about you;
(d) Described the process used to notify you of any material changes that
13. Liability and Indemnification
The quality, accuracy, completeness, timeliness, uninterrupted
delivery, or usefulness of any information provided by MEGAKORT is not
guaranteed. Provider can not guarantee that its Services will always function;
there will be disruptions, delay or other imperfections in the Service. Such
disruptions can be the result of many things, including, the failure of third
parties and their services and equipment used to provide the Services, power
outages, and Internet service disruption. From time to time, for a number of
reasons, including those within and without the control of Provider, the
Services may be restricted, limited, suspended, interfered with and/or
Provider does not control, or have any knowledge of the content of
any communication(s), including yours. You and the person with whom you are
communicating are solely responsible for the content of the communication.
YOUR USE OF THE COMMUNICATION SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE AND GROSS NEGLIGENCE, SHALL MEGAKORT BE LIABLE FOR
ANY CLAIMS, CAUSES OF ACTION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL,
CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, INCLUDING LOSS OF PROFITS OR LOSS OF
DATA OR INFORMATION OR BUSINESS INTERRUPTION OR LOSS OF PRIVACY, THAT RESULT IN
ANY WAY FROM (A) THE USE, RELIANCE, OR DOWNLOADING OF, OR (B) DELAYS, ERRORS,
INTERRUPTIONS, MISTAKES, OR OMISSIONS IN, OR (C) THE INABILITY TO USE THE
COMMUNICATION SERVICES OR ANY MATERIALS SUPPLIED BY MEGAKORT, OR (D) THE USE OF
PROVIDER'S SERVICES AND PRODUCTS FOR EMERGENCY CALLS TO ANY TYPE OF HOSPITALS,
LAW ENFORCEMENT AGENCIES, MEDICAL CARE UNIT OR ANY TYPE OF EMERGENCY SERVICES OF
ANY KIND. YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION. THE LIMITATIONS HEREIN APPLY EVEN
IF MEGAKORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You specifically acknowledge and agree that MEGAKORT is not liable for
any conduct of any third party user or provider.
You agree to indemnify and hold harmless MEGAKORT from and against any
and all claims, causes of action, liabilities, expenses (including attorneys'
fees) and damages arising out of claims related to or arising out of or
connected with or resulting from (1) your use or misuse of any products or
services of MEGAKORT or information obtained from MEGAKORT or materials uploaded
or downloaded or transmitted by MEGAKORT; and/or (2) any claims alleging facts
that if true would constitute a breach by you of any of these terms and
conditions or the terms and conditions referenced herein or on the website;
and/or (3) claims made by any third party due to or arising out of your access
to the website, your use of the services or use of your User Name or Password;
(4) the infringement by you, or any third party using your User Name and/or
Password, of any intellectual property or other right of any person or entity;
and/or (5) your use of, and/or your failure to inform anyone using your account,
the services and products of Provider for emergency calls of any type or nature.
You agree that your sole and exclusive remedy against MEGAKORT is to
discontinue using the communication services and accessing the website. Under no
circumstances will MEGAKORT be liable to any user or web site visitor for any
damage. In the event that this provision is not enforceable, MEGAKORT's liability
shall be limited to the actual amount received by Provider for the specific
service for which you claim you are entitled to damages.
If the applicable law of your jurisdiction does not allow some of the
exclusions or limitations set out above, some of these exclusions or limitations
may not apply to you. In that event the liability will be limited as far as
legally possible under the applicable law.
14. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE COMMUNICATION SERVICES AND INFORMATION,
INCLUDING ANY THIRD-PARTY INFORMATION, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SUITABILITY OF THE INFORMATION OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF
THE COMMUNICATION SERVICES OR INFORMATION , OR FROM ACCESSING AND USING THE MEGAKORT
WEBSITE AND YOU AGREE THAT MEGAKORT SHALL NOT BE RESPONSIBLE THEREFOR. YOU
UNDERSTAND THAT THE SERVICES AND PRICES AND FEES OF PROVIDER ARE SUBJECT TO
CHANGE WITHOUT NOTICE.
ALL MATERIALS AND SERVICES FROM A THIRD PARTY THAT ARE PROVIDED BY
ANY THIRD PARTY, OR THIRD-PARTY SITES TO WHICH IT LINKS, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
PROVIDER DOES NOT WARRANT THAT THE COMMUNICATION SERVICES OR PRODUCTS OR
INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE WEBSITE OR ANY E-MAIL FROM MEGAKORT, ARE FREE OF VIRUSES OR OTHER
YOU AGREE THAT PROVIDER MAY AT ANY TIME MAKE IMPROVEMENTS,
MODIFICATIONS, AND/OR CHANGES TO THE COMMUNICATION SERVICES INCLUDING THE WEBSITE AND
INCLUDING CHANGES TO THESE TERMS AND CONDITIONS AS PROVIDED FOR IN THIS
THIS DISCLAIMER BY PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, AND ALL REPRESENTATIONS TO THE FULLEST EXTENT ALLOWED BY LAW. IF ANY
PORTION OF THESE DISCLAIMERS IS NOT APPLICABLE TO YOU AS A RESULT OF THE
APPLICATION OF YOUR STATE LAW TO THIS AGREEMENT OR THESE DISCLAIMERS, YOU AGREE
THAT THE DISCLAIMERS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY
YOUR STATE LAW AND SHALL BE MODIFIED TO PROVIDE THE MAXIMUM DISCLAIMER POSSIBLE
UNDER SUCH LAW.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES WITH
RESPECT TO THIS AGREEMENT. MEGAKORT SHALL NOT HAVE ANY LIABILITY WHATSOEVER
NEITHER FOR ANY COVER OR SETOFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY TO YOU, IF ANY,
OF MEGAKORT, SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED FROM YOU.
15. Third-Party Content
Provider may use material and content obtained from or supplied by
third-parties. The website may contain links and pointers to Internet sites
maintained by third parties. Provider does not operate or control any
information, products or services on such third-party sites. Third-party links
are included solely for your convenience, and do not constitute any endorsement
by Provider. You assume sole responsibility for use of third-party links and
pointers. Disclaimers set forth herein are equally applicable to such third-
party sites. You are responsible for reading and complying with the terms of
use, privacy statement, and disclaimer for any linked site. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties are those of the respective author(s) or
distributor(s) and not of Provider.
Nothing in this Agreement shall constitute or imply a sale or
transfer or conveyance or license of any rights of any third party.
16. Intellectual Property
The process, method and means used by MEGAKORT are the intellectual
property of Provider. All content of the information of MEGAKORT is copyrighted
by MEGAKORT or third-party content providers and are protected by Norway
and international copyright law including protection as a collective work and/or
compilation. MEGAKORT shall at all times be and remain the sole and exclusive
owner of the MEGAKORT intellectual property (except for third-party intellectual
property and links) therein. MEGAKORT is the sole and exclusive owner of all the
rights, titles, and interests in MEGAKORT's trademarks, copyright, trade names
and other intellectual property rights. All materials displayed or provided to
you by MEGAKORT (including, but not limited to text, graphics, logos, articles,
photographs, images, illustrations, audio clips and video clips, all or any of
which are referred to herein as ‘Content') are protected by copyright, and owned
or controlled by MEGAKORT or third parties. All rights reserved. MEGAKORT, and
other names of MEGAKORT products and services referenced herein are trademarks of
LOGITEL AS. You may not use, adopt or attempt to register anywhere in the
world, whether alone or together with any other mark, symbol, or name, any
MEGAKORT trade name or mark or service name or mark that is similar or
confusingly similar to the MEGAKORT trademarks. All other trademarks, brands, and
names are the property of their respective owners.
The third-party trademarks or service marks appearing on this web
site are the property of their respective owners.
You agree that you will abide by all copyright notices, information,
and restrictions contained in any Content you receive or access. You agree that
you will not copy, modify, publish, transmit, participate in the transfer or
sale of, reproduce, create derivative works based on, distribute, perform,
display, translate, reverse engineer, decompile, disassemble, license,
sublicense, upload, assign, retransmit, redistribute or post any part of the
communication services and/or information or in any way exploit, any of the Content,
in whole or in part. You may download or copy the Content, and other items
displayed on, or distributed by Provider for download, for personal use only,
provided that you do not violate the copyright notices of third parties and
provided that you maintain all copyright and other notices contained in such
Content. You will not store any significant portion of any Content in any form.
All forms of sub-licensing, reselling, republication or other forms of
distribution, including internet posting, electronic mailing, faxing, archiving
in a public database, redistributing via a computer network, or in a printed
form, to third parties of any information of MEGAKORT are strictly prohibited.
You may use MEGAKORT information for your own personal, non-commercial
use. Any other use is strictly prohibited unless prior written permission has
been obtained from Provider. Copying or storing of any Content for other than
personal, noncommercial use is expressly prohibited without prior written
permission from MEGAKORT or from the copyright holder thereof. The right to use
any Content is not transferable to any other person or entity. You agree that
you will not take any information out of context or in an unfair, misleading or
You agree that you are fully and solely responsible for all use under
your User Name and/or your Password) and for ensuring that all use through you
complies fully with the provisions of this Agreement.
You agree that you will make no claim on or use any of the
intellectual property of MEGAKORT or any third party.
17. Modification and Amendment
Provider shall have the right, at its sole discretion, to change,
modify, add, or remove terms of this Agreement at any time without notice.
Except as provided for herein, changes shall be effective immediately. No
changes will be applied retroactively. You agree to review periodically this
documents of MEGAKORT as posted on the website since subsequent use by you of
this site shall constitute your acceptance of any changes, and any changes not
otherwise effective immediately will be effective on the Renewal Date. Provider
shall have the right at any time to change or discontinue any aspect of the
website, including, but not limited to, content, hours of availability and
access. Such changes, modifications, additions, or deletions shall be effective
immediately upon posting and any subsequent use by you after such posting shall
conclusively be deemed to be acceptance by you of such changes, modifications,
Notwithstanding any other language in this Agreement to the contrary,
Disclosure and those changes will be incorporated into this Agreement. If the
in effect as to you until the end of the term in which the changes were made.
The revised or amended policy shall become effective for you on the Renewal
18. Arbitration Agreement
Any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be settled by arbitration administered
by an arbitration organization of LOGITEL AS's choosing and judgment on
the award rendered by the arbitrator may be entered in any court in Norway
having jurisdiction thereof. The place of arbitration shall be Bergen, Norway.
Each party shall bear its own costs and expenses and an equal
share of the arbitrators' and administrative fees of arbitration, provided,
however, where this Agreement provides for the recovery of attorney's fees, the
arbitrator shall award such attorney's fees. The arbitrators will have no
authority to award punitive or other damages not measured by the prevailing
party's actual damages, except as may be required by statute. Except as may be
required by law, neither a party nor an arbitrator may disclose the existence,
content, or results of any arbitration hereunder without the prior written
consent of both parties.
MEGAKORT shall have the right to pursue relief, including self-help
and injunctive relief, without participating in arbitration, in claims involving
the unauthorized use or disclosure or violations of the confidentiality of the
information or intellectual property of MEGAKORT.
(a) Except where otherwise required by law, this Agreement shall be governed
by the laws of Norway without reference to conflicts of laws. Conflict of laws
provisions shall be construed as to make the laws Norway as the venue of any
dispute. Any action to enforce this agreement shall be brought in the courts
located in Norway.
(b) The failure or delay in exercising or enforcing any right or remedy
hereunder by Provider shall not constitute a waiver of any right or remedy, or
future exercise thereof.
(c) If any provision of this Agreement is determined to be unlawful, invalid
or unenforceable under any applicable statute or rule of law, it is, to the
extent of such provision, to be deemed omitted and shall not affect the validity
and enforceability of the remaining provisions and the balance of the Agreement
shall remain enforceable.
(d) Neither the course of conduct between parties nor trade practice shall
act to modify any provision of this agreement.
(e) The respective rights and obligations of the parties under the
Disclaimer, Indemnity, Intellectual Property, and Arbitration provisions, and
other specific survival provisions of this Agreement shall survive the
termination or expiration of this Agreement.
(f) The parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels
all previous written and oral agreements, communications and other
understandings relating to the subject matter of this Agreement.
(g) Provider reserves the right to make any and all changes to the communication
services and information at its sole discretion without notice to the User.
Provider reserves the right to deny access to the communication services to anyone at
(h) This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in the MEGAKORT information; provided,
however, that in the event of a conflict between such other terms and the terms
of this Agreement, the terms of this Agreement shall control.
(i) Neither party shall be in default or otherwise liable for any delay in
or failure of performance under this Agreement if such delay or failure arises
by any reason beyond its reasonable control, including Acts of God, acts of an
enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or
delay in communication or transportation, or any act or failure to act by the
other party provided, however, lack of funds and/or nonpayment by a party shall
be deemed to be beyond that party's control.
(j) This Agreement is void where prohibited by law, and the right to access
is considered revoked in such jurisdictions.
(k) The language of this Agreement is English. If this Agreement is
translated into any other language, the original English shall control.
(l) This Agreement may be assigned, in whole or in part, by Provider. You
cannot assign this Agreement or any of your rights under this Agreement.
COMMUNICATION SERVICES ARE OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THE
AGREEMENT WITHOUT MODIFICATION, ALTERATION, OR AMENDMENT BY YOU. ACCEPTANCE OF
THIS AGREEMENT BY PROVIDER AND ACCESS TO THE COMMUNICATION SERVICES IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL OF THE PROVISIONS, TERMS, AND CONDITIONS OF
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