By using Business Radar you agree to be bound by the following terms and conditions (“User Terms and Conditions”) and any and all Agreements entered between Business Radar and Customer. Any limitations of Business Radar’s obligations set out in Agreements between Business Radar and Customer shall also be fully applicable for the User.
1 Definitions
1.1 “Customer” means the individual or the legal entity who activates Services provided by Business Radar and assumes payment responsibility for the same to Business Radar.
1.2 “Content” means all visual, written or audible data, information or material including, without limitation:
documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the User.
1.3 “Services” means the web services, all the User’s Team Rooms, associated software,
and other services related thereto provided to the User by Business Radar in accordance with this agreement and with the characteristics and features as described at www.businessradar.se from time to time.
1.4 “Account” means an entry point for users to Business Radar. An Account can be associated with one or more Services. An Account accomodates one user, identified through its email address.
1.5 “User” means the individual is the beholder of an Account identified through its email address.
1.6 “Subscription” means a single service with a defined set of subscription terms and a limited set of Accounts that can be associated with the Subscription to allow access to the Service.
1.7 “Team Room” is a feature of a Service to provide means of dividing Users and Content into teams for efficiency and separation of concern.
1.8 “Admin” is a role that can be assigned to a User, granting special privileges within the premises of a Team Room to create user accounts and grant access to individuals to the Team Room and the Service that is subject for the associated Subscription.
1.9 “Superuser” is a User with special privileges within the premises of a Subscription. A Superuser can manage all aspects of the Subscription including create Accounts, grant access for Users to the Subscription, manage all Team Rooms and also cancel and renew the Subscription.
1.10 “Web Site” means Business Radar’s web site at www.businessradar.se.
2 Services and Grant of Rights
2.1 Subject to these User Terms and Conditions and the subscription agreement with Customer, Business Radar hereby grants to the User a non-transferable, non-exclusive, non-sublicensable limited term right to access and use the Services.
2.2 In the event the User accepts these User Terms and Conditions using an e-mail address belonging to an Employer,
such user account may be or may later become subject to additional terms and conditions resulting from the Employer’s existing or future business relation with Business Radar.
The User is aware of and acknowledges that the Employer, in such event, may effectuate actions that could change the nature of the Services provided to the User or
impose access restrictions on the User’s access to the Services and Content. Such actions may include, without limitation, administrative actions by the Employer,
instructions issued by the Employer to Business Radar and actions due to, but not limited to, a reorganization, discontinuation of an employment or consulting relationship with the User.
3 User Obligations
3.1 The User shall comply with the security and administrative regulations as stipulated herein, by e-mail, as made available on the Web Site, or in any other manner.
3.2 The User undertakes, in conjunction with registration, to provide correct information regarding the User’s e-mail address.
3.3 The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.
3.4 The User shall be responsible for monitoring its Team Rooms and shall be liable to Business Radar for ensuring that Content transferred to or handled within the Services which is processed by the User and/or individuals invited by the User does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licenses from third parties as may be required in order to process the Content/use the Services.
3.5 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services.
3.6 The User is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.
3.7 The User undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.
3.8 The User undertakes not to provide access to the Services to anyone else than individuals who have agreed to the User Terms and Conditions. User accounts may be shared or used by more than one individual User.
3.9 The User is obligated to notify Business Radar regarding any suspected breach of these provisions.
4 Personal Data, Privacy
4.1 In order for the User to be able to use the Services, the User must provide its e-mail address, a nickname and a password.
In the event the User’s account is created by a Superuser or an Admin and the User is invited to use Business Radar, the email address, nickname and password of the User is provided by the Admin.
Following receipt of such data, Business Radar will process the same using automatic data processing in order to enable
Business Radar to administer and otherwise perform its obligations within the scope of the Services and to ensure that unauthorized persons do not gain access to the Services.
As provided in section 6 “Confidentiality”, Business Radar will not disclose to any third party any personal information pertaining to the User.
The User has at all times possibility to change password and nickname.
Further information may be obtained by contacting the data controller, Business Radar, at the following address:
customerservice@businessradar.se
4.2 In addition, in order for the User to be able to use the Services, the User must also allow Business Radar to store and retrieve session information on the User’s end terminal equipment,
through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorized
persons do not gain access to the Services.
4.3 According to the Personal Data Act (1998:204), Business Radar must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by Business Radar.
4.4 According to the Electronic Communications Act (2003:389), Business Radar must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of
information on the registered persons’ end terminal equipment.
4.5 By accepting this agreement, the User explicitly consents to (a) the collection and processing by Business Radar of personal data as described above, (b) the storage of such data until
one year after the user account is terminated, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.
4.6 Business Radar shall adopt reasonable measures to protect the privacy of the User. Business Radar’s information gathering and dissemination practices are set forth in the
Privacy Statement applicable from time to time, which is available on the Web Site.
5 Security, Passwords, etc.
5.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and
cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorized use of the Services. Business Radar shall have no liability for any
loss or damage arising from the User’s failure to comply with these requirements.
5.2 Where it is suspected that any unauthorized person has become aware of the user identity and/or password, the User shall immediately inform Business Radar thereof.
5.3 The User shall be liable for losses or damage incurred by Business Radar where the User intentionally or negligently reveals the user identity/password to a third party.
The User shall furthermore be liable for losses or damage incurred by Business Radar where the user identity and password otherwise become known to an unauthorized party,
unless the User notifies Business Radar immediately upon suspicion that such has occurred.
5.4 Business Radar shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards.
Business Radar’s security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site.
6 Confidentiality, etc.
6.1 Business Radar undertakes not to disclose to any third party, or otherwise make available, information stored by Business Radar from the User within the scope of this agreement.
“Third party” in this section shall not mean the Users who have access to the same Subscription.
7 Amendments
7.1 Business Radar reserves the right to amend these User Terms and Conditions at any time without prior notice. The User shall be informed of such amendments by e-mail or
through the information being made available on the Web Site.
8 Term and Termination, etc.
8.1 These User terms and Conditions shall enter into force upon acceptance by the User through execution of the User Terms and Conditions online in conjunction with User’s registration or
first login to Business Radar. These User Terms and Conditions shall remain in full force for an indefinite term until such time that all Workspaces and the user account are closed.
8.2 Upon termination of a Workspace, the Agreement with Customer or these User Terms and Conditions, Business Radar shall not be responsible for the Content generated within the
scope of the Workspace in question or the Services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc. of the Content that the User desires to retain.
9 Access Restrictions, Premature Termination
9.1 Business Radar shall be entitled, with immediate effect, to disable the User’s access to a Team Room or to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for Business Radar or any third party; (c) the User uses the Services in a manner that violates Business Radar’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilizes resources or seeks unauthorized access to Business Radar’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.
10 Assignment
10.1 The User shall not be entitled to assign his/her rights or obligations under these User Terms and Conditions.
11 General Provisions
11.1 These User Terms and Conditions have been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of these User Terms and Conditions are provided solely for accommodation purposes.
11.2 If any provision of these User Terms and Conditions are declared unenforceable for any reason, the remainder of the terms will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.
12 Governing Law and Disputes
12.1 These User Terms and Conditions and the ensuing relationship between Business Radar and the User shall be construed in accordance with, and governed by, the laws of Sweden.
12.2 Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm.
