Terms of service

Perspektivapp AS, a Norwegian corporation (“Persepktivapp AS” or “we”), operates the website http://www.Bergentourapp.com (the “Site”), and provides services offered through the Site and related mobile applications (collectively, the “Services”). The Services are hosted in Norway and/or the United Kingdom but data may be transferred outside of Norway, the United Kingdom, the EU and/or the EEA and such arrangements may be modified at any time without notice. This Terms of Use Agreement (“Agreement”), which may be modified without notification, constitutes the legally binding terms that apply to the user (“You”) and your use of the Services.

By accessing or using the Services (which means that You simply browse the Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Services), You agree to be bound by this Agreement.

You are authorized to use the Services (regardless of whether your access or use is intended) only if You agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in using and/or making use of the Services, You indicate your acceptance of this Agreement. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to You for your acceptance when you sign up to use such Services.

We reserve the right to modify this Agreement at any time and each such modification shall be effective upon posting on the Services. No notification will be provided to users of the Services if such modification takes place and it is the sole responsibility of the user of the Services to review this Agreement regularly and consent to its terms. If You do not agree to be bound by this Agreement and to abide by all Applicable Law, You must discontinue use of the Services immediately.

  1. Term.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while You use the Services.

  1. Termination.

You may terminate your use of the Services at any time by ceasing to access the Services and/or removing the application from your mobile device, tablet or computer. Perspektivapp AS may terminate your access to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after You terminate your use of Services, this Agreement will remain in effect.

  1. Use of app

Services are for the personal and individual use of You and no one else. Services are intended for the the personal utilization by individuals and not other entities (e.g. companies). In using these Services You agree not to redistribute, modify or reproduce the Services or similar guided tour, recommendation or tourism services. Furthermore, You agree not to share, distribute or provide these Services or similar services in the future. You agree that if you violate these terms you will be financially liable for any damages caused by the unauthorized dissemination of the Services to third-parties.

  1. Proprietary Rights in Content.

Perspektivapp AS retains all copyright to the content that appears in this app unless otherwise stated and this content cannot be redistributed, modified or reproduced by other parties without explicit written authorization from Perspektivapp AS.

  1. Protecting Copyrights and Other Intellectual Property.

Perspektivapp AS respects the intellectual property of others, and requires that our users do the same. You may not download, transmit, obtain or otherwise make available any material that is found in our Services unless such material has already been copyrighted with a Creative Commons license by a third-party as listed on Services.

  1. Privacy.

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  1. Disclaimers.

Perspektivapp AS is not responsible for and makes no warranties, express or implied, as to the accuracy and reliability of the content posted through or in connection with the Services. While we do make efforts to keep all Services accurate we are not able to guarantee that all information is accurate. Perspektivapp AS is not liable for any consequences suffered by You or any third-party as a result of use of the Services.

Should You, through our Services access third party sites and services, you do so at your own risk. Perspektivapp AS takes no responsibility for the actions of third parties (e.g. Google) whose websites are linked to through our Services, nor does Perspektivapp AS take any responsibility for the goods or services provided by these third parties. These third parties have their own privacy policies and terms of service agreements.

Perspektivapp AS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Perspektivapp AS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including, without limitation, any injury or damage to You or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Perspektivapp AS be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Services, attendance at any event, or from the conduct of any users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Perspektivapp AS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Perspektivapp AS cannot guarantee and does not promise any specific results from use of the Services.

  1. Limitation on Liability.

IN NO EVENT SHALL PERSPEKTIVAPP AS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PERSPEKTIVAPP AS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PERSPEKTIVAPP AS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PERSPEKTIVAPP AS FOR THE SERVICES.

  1. Disputes.

The Agreement shall be governed by, and construed in accordance with, the laws of Norway, without regard to its conflict of law provisions. You and PERSPEKTIVAPP AS agree to submit to the exclusive jurisdiction of the County of Hordaland and the courts located in Bergen, Norway, to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

  1. Indemnity.

You agree to indemnify and hold Perspektivapp AS, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement, arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with the Services.

  1. Other.

Your agreement with Perspektivapp AS will always include this Agreement at a minimum. Your access and use of certain Services may require you to accept additional terms and conditions applicable to such certain Services, in addition to this Agreement. The failure of Perspektivapp AS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

To contact us regarding any questions about this Agreement, please send us an email using the contact information provided on the Services.