NovaManus - Local Food

Terms & Conditions

B2C B2B Privacy Policy Salgsbetingelser

Terms of Use for private individuals – B2C

The Terms and Conditions of Service (hereinafter referred to as the “Terms” or “TOS”) govern and apply to your access and use of the site LocalFood and subsites, application and tools (hereinafter referred to as the “Service”). By accessing this Service, you agree to be bound by these Terms. If you do not agree with the Terms, you are prohibited from using or accessing this Service. Nova Manus AS (“the Company” or “we”) is the provider of the Service and has furnished these Terms. The Terms stated below are intended for private individuals. Please see our terms for business users if you are not acting as a private individual.

LocalFood is a marketplace where vendors and customers meet and agree on purchasing of food and other comestibles. LocalFood / Nova Manus AS are not part in any purchase agreements or communication between vendors and customers. LocalFood will provide means of ordering and payment, although all responsibilities with regards to delivery, communication, complaints and returns are the sole responsibility of the vendors. The separate terms between vendor and customer are set forth here.

User account for private individuals

In order to use the Service you need to be at the legal age of majority and at least 18 years old, because you need to be responsible for your actions and capable of entering into this agreement governed by the Terms.
You represent and warrant that all information that you submit upon creation of your account, or at other times, is correct.
You are solely responsible for maintaining the confidentiality of your username and password.
You are not allowed to transfer your account to another party without consent from the Company.
If you are a vendor/business, you have to create a user account for businesses. Whether you need to create a user account for businesses depends on whether you buy items to resell, selling the same goods often and / or for a large sum of money, you have a company that operates within the categories you are listing online and/or you use a logo in the listing. Furthermore you will be considered to be a business if you are self-employed or your use is similar to the use of a self-employed user. The Company reserves the right to determine whether you need to create a business user account.
You may disable and delete your account at any time.
The Company has the right to limit, suspend or terminate your user account and access to the Service if the Company believes you are abusing the Service in any way. Company also has the right to refuse or terminate all parts of the Service to anyone at its own discretion.

Using LocalFood

You are solely responsible for the content and information that you post, upload or otherwise make available on and via the Service.
It is assumed that you are familiar with applicable law and regulations, and not use the Service in any way that violates any laws and regulations. You are not allowed to list items prohibited by law.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without the express consent of the owner of such proprietary rights. If necessary, it will be your sole responsibility to prove such consent.
The Service is a marketplace, a mediator of purchases and sales, and disclaims any liability in connection to the accuracy of the content in the listing and for the completion of the sale including but not limited to delivery and payment of goods. However, we ask you to file a report if a customer fails to pay for items, a vendor fails to deliver items or a user otherwise fails to perform its contractual obligation so that the Company can decide whether to terminate the applicable user account.
Company may moderate all content and ultimately decide whether to remove a listing to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that is deceptive or fraudulent.

Intellectual property rights

You agree to give Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, make publicly display, publish, translate and distribute any user content that you post on or otherwise provide to the Service. Company will however only use this content in connection with any purpose related to the operation, development and marketing of the Service. This does not limit your rights according to the GDPR.

You retain ownership of all rights, including intellectual property rights, in all content that you post to the Service.

Disclaimer of warranties

The content of the Service is provided "as is" and on an “as available” basis. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Company reserves the right to modify or discontinue the Service with or without notice.

Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

From time to time, the Service will be unavailable due to both planned and unplanned maintenance.

Revisions and Errata

Company may make changes to the Service at any time without prior notice. Company does not, however, make any commitment to update the Service.

Limitations of liability

In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Service, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage.

Indemnification

Site Terms of Use Modifications

Company may revise these Terms of use at any time without notice. By using the Service you are agreeing to be bound to the then current version of these Terms of use.

Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nevertheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Transfer of personal data

Transfer of personal data will be handled according to the GDPR and our Privacy Policy.

Governing Law

This Term of Use are subject to the laws of Norway without regard to principles for choice of law. You agree to the exclusive jurisdiction of the courts of Norway to resolve any dispute or claim that arises from this Term of Use. Oslo District Court will be the legal venue.

Terms of Use for businesses – B2B

Purpose of these Terms of Service

The Terms and Conditions of Use (hereinafter referred to as the “Terms”) govern and apply to your access and use of the site LocalFood, novamanus.com and subsites, application and tools (hereinafter referred to as the “Service”). By accessing this Service, you agree to be bound by these Terms. If you do not agree with the Terms, you are prohibited from using or accessing this Service. Nova Manus AS (“the Company” or “we”) is the provider of the Service and has furnished these Terms. The Terms stated below are intended for businesses. Please see our terms for private individuals if you are not acting as, or behalf of, a business.

User account for businesses

In order to use the Service you need to be at the legal age of majority and at least 18 years old, because you need to be responsible for your actions and capable of entering into this agreement governed by the Terms. You do also need to make sure that you have the necessary powers to act on behalf of the business that you are representing.
You represent and warrant that all information that you submit upon creation of your account, or at other times, is correct.
You are solely responsible for maintaining the confidentiality of your username and password.
You are not allowed to transfer your account to another party without consent from the Company.
If you are a private individual, you have to create a user account for private individuals.
Whether you need to create a user account for businesses depends on whether you buy items to resell, selling the same goods often and / or for a large sum of money, you have a company that operates within the categories you are listing online and/or you use a logo in the listing. Furthermore you will be considered to be a business if you are self-employed or your use is similar to the use of a self-employed user. The Company reserves the right to determine whether you need to create a business user account. We do also remind you that we both cherish, promote and demand local business ownership, hence the impossibility to register business accounts for companies that are not considered to be resident only in a specific region.
You may disable and delete your account at any time.
The Company has the right to limit, suspend or terminate your user account and access to the Service if the Company believes you are abusing the Service in any way. Company also has the right to refuse or terminate all parts of the Service to anyone at its own discretion.

Remuneration for marketplace services

If you are a vendor selling goods at LocalFood and / or associated web domains and applications, you will need to offer your goods on terms forth here. The Company is not a party to that agreement between the customer and you as vendor.
Vendors must take full responsibility for any and all agreements, obligations and communication with regards to both payment, delivery and return of goods from and to customers, including any interaction with freight forwarders.
The Company will provide vendors with different kinds of features and functionality with regards to listing, promotion, shopping cart, purchase and payment of goods. Vendor might need to enter into separate agreements with banks or payment intermediaries to benefit from all features.
Except for actual shipping costs, all prices listed for goods to be sold are the price vendor can demand from customers. A cut of the net worth of the customer transaction will be billed by The company to the vendor as a remuneration for marketplace services and availability. The remuneration to the vendor is non-refundable, even if the customer is entitled to cancellation of the order or return the goods at some point.

Using LocalFood on our different domains and applications

You are solely responsible for the content and information that you post, upload or otherwise make available on and via the Service.
It is assumed that you are familiar with applicable law and regulations, and not use the Service in any way that violates any laws and regulations. You are not allowed to list items prohibited by law.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without the express consent of the owner of such proprietary rights. If necessary, it will be your sole responsibility to prove such consent.
The Service is a marketplace, a mediator of purchases and sales, and disclaims any liability in connection to the accuracy of the content in the listing and for the completion of the sale including but not limited to delivery and payment of goods. However, we ask you to file a report if a customer fails to pay for items, a vendor fails to deliver items or a user otherwise fails to perform its contractual obligation so that the Company can decide whether to terminate the applicable user account.
Company may moderate all content and ultimately decide whether to remove a listing to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that is deceptive or fraudulent.

Intellectual property rights

You retain ownership of all rights, including intellectual property rights, in all content that you post to the Service.

Disclaimer of warranties

Company reserves the right to modify or discontinue the Service with or without notice.

From time to time, the Service will be unavailable due to both planned and unplanned maintenance.

Revisions and Errata

Company may make changes to the Service at any time without prior notice. Company does not, however, make any commitment to update the Service.

Limitations of liability

Indemnification

Company, its parents, subsidiaries, affiliates, officers and employees shall be indemnified from any claim or demand, including reasonable attorney’s fees and cost, made by any third party due to or arising out of your use of the Service, or others use of your account. Users of the marketplace are considered to be such third parties when they are customers to the vendor, although the marketplace might have brought them together. Any and all disputes between customer and vendor are the vendors sole responsibility.

Site Terms of Use Modifications

Company may revise these Terms of use at any time without notice. By using the Service you are agreeing to be bound to the then current version of these Terms of use.

Transfer of personal data

Transfer of personal data will be handled according to the GDPR and our Privacy Policy. Any collection or transfer of personally identifiable information to your own data systems is your responsibility. The Company is neither a data controller or data processor for data handling or transactions taking place outside novamanus.com.

Sole responsibility for transactions, customs, taxes, customer care

As a business user of our Service you acknowledge that you have the sole responsibility for all issues with regards to tax, customs, customer care, freight, returns, complaints from both potential and existing customers. Our Service consists of the ability to put your goods on display as a self-service solution.

All kinds of interactions with the users of novamanus.com is your sole responsibility.

We have not performed any kind of user approval or authentication, although we are able to deny user registration and revoke user access.

Governing Law

Privacy Policy

Our responsibility

alone decide why your personal data are processed,
alone decide how your personal data are processed, and
process your personal data.

Hence we are

a "controller", and
a "processor".

What does our Privacy Policy cover?

Our privacy policy is:

effective as of: 6th of March 2018

Our policy applies to:

our website: novamanus.com
our app: Nova Manus Local Food

Why and how do we process your data?

We collect Webform entry in EU to Collect information.

In which situations do we process your data?

We are:

a recipient of your personal data.

We process your personal data in the:

private sector.

We collect personal data:

We process your personal data in a situation that concerns:

the offering of
- goods, or
- services.
an online activity.
a contract or that concerns an entry into a contract.

From whom and how do we collect your personal data?

We collect your personal data:

directly from you.

We collect your personal data:

electronically with the use of a web form.
electronically by
- storing information on your terminal equipment, or
- accessing information stored on your terminal equipment, or
- reading information emitted by your terminal equipment.

When you provide us with your personal data, your provision is:

permitted and obligatory. You must give us: your name, location/city you live in, email and telephone number.

If you fail to provide us with your personal data and such provision is obligatory, then it can affect you: You will not be able to use our site to its full extent.

Obligatory provision of personal data is:

a contractual requirement.

Do we perform automated decision-making and automated profiling?

We do not use your personal data to make automatic decisions about you.

About our processing purposes

We process your personal data for the purposes that are described in Section 3.

Our processing purposes are

real,
present, and
legitimate.

We process your personal data for purposes that are legitimate.

We do not process your personal data for secondary purposes that are inconsistent with the primary purposes for which your personal data is collected initially,

without your prior consent,
without a legitimate interest, and
without legal ground.

We inform you before we process your personal data for secondary purposes

if we in the first instance collect your personal data initially for a primary purpose, and
if our secondary purpose is inconsistent with the primary purpose.

Do we minimize processing of your personal data?

We limit our collection of your personal data to what is

adequate for our processing purposes, and
relevant for our processing purposes.

We ensure that our processing purposes limit how much and how often we collect and process

your personal data, and
different categories of your personal data.

We limit our processing of your personal data to an extent that is needed for the purposes for which we process the personal data.

We limit our collection of your personal data to a frequency that is needed for the purposes for which we process the personal data.

We limit our processing of your personal data to a frequency that is needed for the purposes for which we process the personal data.

Are your personal data accurate?

The personal data that we collect about you are accurate at the time of the collection.

We take reasonable steps to ensure swift

deletion of the personal data that are inaccurate, or
rectification of the personal data that are inaccurate.

How long do we keep your personal data?

We limit the duration we store your personal data to what is necessary for our processing purposes.

We continuously review the necessity of our continued storage of your personal data: Every two months we review whether to keep or delete data.

We delete your personal data within a specified time-limit: We delete your data one year after your customer relationship with us ends.

If the further retention of your personal data is necessary for the purposes that are specified by law, we can further retain your personal data.

Do we share your personal data?

We do not disclose your personal data to recipients.

We do not keep a record of

the parties who request that we disclose your personal data, and
the parties' requests.

We transfer your personal data to a recipient that processes the personal data on our behalf: We use Microsoft Azure.

Do we transfer your personal data outside the EU or EEA?

We do not transfer your personal data

to countries outside the EU and EEA, or
to an international organization.

Are your personal data secure?

We secure your personal data

with appropriate technical measures,
with appropriate organisational measures,
with an appropriate level of security,
against unauthorised processing,
against unlawful processing,
against accidental or unlawful loss,
against accidental or unlawful destruction, and
against accidental or unlawful damage.

We do not have an internal policy for the security of personal data.

We have a procedure and an ability to discover, notify and document the breach of the security of the processing of personal data.

If we have a reasonable degree of certainty of a breach of the security of the processing of your personal data, then we will:

report the security breach to the management.
assign a person with responsibility to
- assess whether the security breach can have unfavourable effects for you,
- inform relevant persons in our organisation,
- determine whether it is necessary to notify the Supervisory Authority of the security breach, and
- determine whether it is necessary to communicate information about the security breach to you.
investigate the security breach.
seek to prevent that a breach of security leads to
- accidental or unlawful destruction of the personal data,
- accidental or unlawful loss of control of the personal data,
- accidental or unlawful loss of access to the personal data,
- accidental or unlawful alteration of the personal data,
- unauthorised disclosure of the personal data, or
- unauthorised access to the personal data.
mitigate the immediate risk of a damage.
notify the Supervisory Authority about the security breach, if the personal data breach is likely to lead to a risk for your rights and freedoms.

Are we certified and do we follow a code of conduct?

The information we provide in the preceding sections sufficiently ensures a fair and transparent processing of your personal data.

We do not use an approved certification body to certify that we comply with the law.

What are your rights?

We fulfil your rights that concern the protection of your personal data.

You have the right to object to the processing of your personal data for the purpose of direct marketing.

You can exercise the right at the time of your choice.

If you object to the processing of your personal data for the purpose of direct marketing, then the law forbids that we process the personal data for the purpose of direct marketing.

You have the right to access your personal data.

If you request that we confirm whether or not we process your personal data, then you have a right that obliges us to confirm that we

process your personal data, or
do not process your personal data.

Your right to obtain confirmation from us that we process (or do not process) your personal data

does not include data that is anonymous.
includes the personal data that concern you.
does not include personal data that does not concern you.
includes pseudonymous data that can be clearly linked to you.

We must give you access to your personal data if

you request that we confirm whether or not we process your personal data, and
we process your personal data, and
you request to access your personal data.

We must provide you with a copy of your personal data if

you request that we confirm whether or not we process your personal data , and
we process your personal data, and
you request a copy of your personal data.

If you request further copies of your personal data, then we can charge you with a reasonable fee that we base on the administrative costs.

You have the right to the information about our safeguards for the transfer of your personal data to a country that is outside the EU and the EEA if

you request that we confirm whether or not we process your personal data , and
we transfer your personal data to a country that is outside the EU and the EEA.

You have the right to the rectification of your personal data.

Your right to obtain rectification of personal data that are inaccurate

does not include data that is anonymous.
includes only the personal data that concern you.
includes pseudonymous data that can be clearly linked to you.

We must rectify your personal data if

we process your personal data, and
your personal data are inaccurate, and
you request to obtain the rectification of your personal data.

We must complete your personal data if

we process your personal data, and
your personal data are incomplete, and
you request to obtain the completion of your personal data.

You have the right to provide us with a supplementary statement.

We must communicate the rectification of your personal data to recipients of your personal data (if any).

We do not communicate the rectification of your personal data to recipients of your personal data if the communication to the recipient

is impossible, or
involves a disproportionate effort.

You have the right to the erasure of your personal data.