GENERAL
“We”, “us” or “our” refers to (i) Scandinavian Risk Solutions AB, reg. no 556666-9171, Box 244, 101 24, Stockholm, Sweden, including its affiliates and (ii) Safeture AB, reg. no. 556776-4674, Kung Oskars väg 11 c, 222 35 Lund, Sweden, including its affiliates.
These terms of use (the “Terms”) constitute a legal agreement and govern your access to the use of the products and services (the “Service”) offered by us and our affiliates, partners and suppliers through our application (the “App”).
You (referred to as “User” or “you”) must agree to these Terms before you can use the Service. If you do not agree to these Terms you must not access or use the Service and/or the App. You can agree to the Terms either by actually using the Service and/or by submitting Personal Data to us and/or by clicking a box that indicates that you agree to the Service, where such a box is made available to you.
We reserve the right to update or change these Terms from time to time and recommend that you review the Terms on a regular basis. You can review the most current version of the Terms at any time at www.srsgroup.se/alert.
Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes made for legal reasons will be effective immediately. If there is a conflict between these Terms and any later version of the Terms, the later version of the Terms will control for that conflict. If you do not agree to a later version of these Terms, you should discontinue your use of the Service and the App.
If access to the Service is gained through an agreement (the “Agreement”) between us and a corporation (the “Employer”) in which you, the User of the Service is employed, no other contractual arrangement will arise directly between us and the User than the Terms.
Please note that depending on your location some of the terms in these Terms may not apply to you. We will always provide the Service and the App in accordance with the legal requirements applicable to you. If there is a conflict between any terms in these Terms and any legal requirements applicable to you, such legal requirements will control for that conflict.
THE SERVICE
The Service is described at www.srsgroup.se/alert. If you use the Service as a service provided by your employer, we provide the Service to your employer who in turn provides access to the Service to you.
We are constantly changing and improving the Service and the App. We may add or remove functionalities or features and may suspend or stop the Service and/or the App altogether.
SMS
The User accepts that we send text messages, SMS, to the User’s phone.
USE
The User is not allowed to, in an automated and/or commercial way, disseminate or publish the information received through the Service.
Transmitted content or other intellectual property rights in relation to the App and the Service remains the property of us and our licensors under these Terms.
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.
For the Service to function properly, the User must follow the use and configuring instructions at; www.srsgroup.se/alert.
The User must ensure that no unauthorized person or entity (i.e. any other person or entity than you) is able to use your login details. You may not disclose your usernames, passwords or other access credentials to any unauthorized person and must ensure that documents containing your username, password or other access credentials are kept in such a way that unauthorized persons cannot gain access to the information. You are responsible for all acts or omissions by an unauthorized person using your access credentials. You may give access to our sub-suppliers that require access to the Services to fulfill their obligations to Us.
We have the right to, at any time, shut down a User and terminate the account if the User violates the Terms or otherwise uses the Service in a way that may cause us or a third party any harm.
COSTS
The Employer and/or the User are responsible for all costs related to the use of the Service.
EQUIPMENT
The User is solely responsible for the technical equipment and any additional services needed to use the App and the Service, such as, but not limited to, computers, mobile phones, mobile phone subscriptions, Internet access, WiFi connection, and travel management services. You acknowledge and accept that the provision of the Service is dependent upon third party providers, e.g. internet providers or cloud services, and that we have no responsibility for such third party
ELIGIBILITY
Some jurisdictions require a user to be 14 years of age or older to use the Service and the App. If you do not live in such jurisdiction, this section may not apply to you.
If you live in such jurisdiction, you represent and warrant that you are 14 years of age or older. The App is not intended for users who are younger than 14 years of age.
If you do not meet this requirement, you must not access or use the App. In the event that we learn that we have collected personal information from a person under the age of 14, we will delete that information as soon as reasonably practicable.
If you believe that we might have any information from or about a person under the age of 14, please contact us.
We may, in our sole discretion, refuse to offer access to the App to any person or entity and change its eligibility criteria at any time.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless us, our subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from (i) any breach of these Terms, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us, (iii) your access or use of the service or app and related content, (iv) your violation of any third-party right, including intellectual property and privacy rights, (v) your violation of a law, rule, or regulation, or (vi) another party’s use of the service and app using your account.
We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our and our licensors’ defense of such matter.
DISCLAIMERS
WE DO NOT AND CANNOT WARRANT THAT THE SERVICE AND THE APP OPERATE IN A MANNER THAT IS COMPLETELY ERROR FREE NOR THAT ANY INFORMATION PROVIDED IS ALWAYS ACCURATE.
Use of the Service AND APP is at your sole risk. You assume full responsibility for all risk associated therewith. All information, products, or services contained on or provided through
THE SERVICE AND THE APP are provided “as is” and “as available,” without any warranties or conditions. We reserve the right, in ITS sole discretion and without any obligation, to correct any error or omissions in any portion of our SERVICE OR APP, with or without notice to you.
To the fullest extent permissible under applicable law, We and OUR affiliates, agents, Partners, consultants, officers, directors, employees, contractors, licensors, and advisors (collectively, “affiliates”) hereby disclaim all representations and warranties, express or implied, statutory, or otherwise.
These include, but are not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You understand that we cannot and do not guarantee or warrant that the Services AND APP will be free of viruses, malware, or other destructive code.
We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the SERVICE OR THE APP.
Without limiting the foregoing, We and our Partners make no warranty as to the security, reliability, AVAILABILITY, accuracy, quality, timeliness, usefulness, adequacy, completeness, or suitability of the Services and information retrieved from them.
WE and OUR Partners assume no responsibility for completeness, errors, or omissions in the information, services, or documents which are referenced by or linked to this website.
The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY
All liability relating to the App and the Service is exhaustively regulated in the Agreement with the Employer and US undertakes no liability directly to the User.
In no event shall WE or our affiliates be liable for any special, punitive, indirect, incidental, or consequential damages, including but not limited to personal injury, wrongful death, loss of goodwill, loss of use, emotional distress, loss of profits, interruption of service, loss of data, or other intangible losses, whether in any action in warranty, contract, tort, or any other theory of liability (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, reliance on, or the inability to use, the Service or app through us.
We shall not be subject to liability for the truth, accuracy, reliability, timeliness, or completeness of the content or any other information conveyed to the user or for errors, mistakes, or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. We undertake no liability to the User for any malfunction or non-compatibility of the Users equipment and connected services with the Service and the App.
We disclaim any and all liability for the acts, omissions and conduct of any third parties outside OUR reasonable control in connection with or related to improper customer use of the App or the Service.
FURTHERMORE, we will not be responsible for damage, loss, or injury resulting from
(a) unauthorized access to, or hacking or tampering of, your account or the information therein,
(b) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, OR
(c) BUGS, viruses, TROJAN HORSES, malware, or other destructive code. You agree that your use of the Service and app is at your own risk.
IF YOU ARE NOT SATISFIED WITH THE SERVICE or app, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO TERMINATE your use of THE SERVICE or app.
To the extent any of the above limitations of liability are restricted by applicable law, such limitations shall not apply to the extent of such restrictions.
If, notwithstanding the other provisions of these Terms, WE OR OUR AFFILIATES is found to be liable to the User for any damage or loss which arises out of or is in any way connected with the Terms, OUR AND OUR AFFILIATES liability shall, TO THE EXTENT PERMITTED BY LAW, in no event exceed the Employer’s quarterly payments for the Service divided by the number of Users the Employer has.
TERMINATION
You may at any time terminate your use of the Service by contacting us. We will then delete all credentials and any other information that can be related to you.
NO WAIVER
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
ASSIGNMENT
You may not assign or transfer any rights under these Terms to any other person. Any attempted transfer or assignment shall be null and void. We may assign or transfer its rights without restriction.
SEVERABILITY
The provisions of these Terms are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
FORCE MAJEURE
We are not responsible for any delay or loss due to circumstances that we have no control over and which significantly complicates the obligations fulfillment or the fulfillment of the obligation is not economically justifiable.
GOVERNING LAW AND DISPUTES
These Terms shall be governed by and be construed in accordance with Swedish law. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be governed by the rules for processing of cases by the Swedish Arbitration Institute.
Each Party shall appoint an arbitrator, while the President of the Court of arbitration shall be appointed by the Swedish Arbitration Institute. If a party does not within 30 days after having submitted or received notification of the request for arbitration has appointed an arbitrator, such shall be appointed by the Swedish Arbitration with the above rules.
CONTACT
Please contact us at support.alert@srsgroup.se with any questions regarding these Terms.
APPLE REQUIREMENTS.
This section is solely applicable to the App when provided for iPhone.
You acknowledge and agree that (i) this Agreement are concluded between you and us only, and not Apple, Inc. nor its subsidiaries (hereinafter –“Apple”); (ii) we, and not Apple, is solely responsible for the Licensed Application and the content thereof; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application; (iv) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; (vi) Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses that you may have arising out of your use of the Licensed Application; (vii) Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim related to the Licensed Application or your possession and use of the Licensed Application, nor is Apple responsible if the Licensed Application or your possession and use of the Licensed Application infringes any third party’s intellectual property rights; and (viii) you acknowledge and agree that Apple, and Apple’s subsidiaries, are third partybeneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.