General Terms and Conditions for the Purchase of Online Courses NorVue - Private Customers
INTRODUCTION - GENERAL TERMS AND CONDITIONS
NorVue AS has developed and owns online training concepts in ultrasound of various organs ("Online Course"). The Online Course is intended and developed for healthcare professionals, as defined in the Health Personnel Act, LOV-1999-07-02-64, § 3 first paragraph.
These terms and conditions apply when ordering an Online Course from the website www.norvueas.com from NorVue AS. Together with your order, which is confirmed through an order confirmation, the terms and conditions constitute the entire agreement basis for your purchase of the Online Course ("Agreement").
Upon entering into the Agreement with NorVue, NorVue grants you a limited, non-exclusive, and non-transferable right to use the Online Course ("Usage Right"), subject to the terms and conditions set out in the Agreement.
These terms and conditions are not to be construed as any limitation of the consumer's statutory rights when purchasing goods over the internet, but establish the most important rights and obligations of the parties in the transaction.
1. PARTIES
The seller of the Online Course is NorVue AS, organization number 925416509, Mørtelverksbakken 1, 0580 Oslo, e-mail: [email protected], hereinafter referred to as "NorVue".
The buyer is the one who places the order for the online course, hereinafter referred to as "Customer".
2. CONTRACT FORMATION
The Agreement is binding on both parties when the Customer has submitted their order to NorVue.
However, the Agreement is not binding if there has been a writing or typing error in NorVue's offer in the ordering solution on the website, and the Customer realized or should have realized that such an error existed. The Agreement is also not binding if there has been a writing or typing error in the Customer's order, and NorVue realized or should have realized that such an error existed upon receipt of the Customer's order.
3. ORDER CONFIRMATION
When NorVue has received the Customer's order, NorVue will confirm the order without undue delay by sending an order confirmation to the Customer. The order confirmation will be sent to the e-mail address provided by the Customer in connection with the order.
4. PRICES
Unless otherwise stated, the price stated on www.norvueas.com for the Online Course includes all taxes and additional costs. NorVue will not charge the Customer for additional costs that NorVue has not informed the Customer of before the conclusion of the Agreement.
The applicable prices are those prices that are currently stated on the website www.norvueas.com.
5. PAYMENT
NorVue's online courses are only provided against payment by Visa, Mastercard, Stripe or Paypal.
6. DELIVERY
When the Customer has completed the purchase transaction and payment has been approved, the Customer will immediately gain access to the Online Course. The Online Course will be available upon logging into the Customer's user account.
7. DURATION OF THE AGREEMENT
The Agreement runs for as long as the Customer has access to the Online Course in accordance with the chosen ordering solution, unless one of the parties terminates the Agreement before its expiration. The Customer's Usage Right expires simultaneously with the termination of the Agreement.
8. NORVUE'S OBLIGATIONS
NorVue is obliged to deliver the Online Course with the content as described on the NorVue website.
NorVue is obliged to ensure that their service and access to the Online Course will be operational 24 hours a day, 7 days a week, except for necessary downtime for updates and maintenance, as well as general upgrades to the service's functionality.
If there are problems with access or downloading, the customer can contact customer service at [email protected].
9. DEFECTS IN THE SERVICE
If there are defects in the Online Course, the Customer must notify NorVue within a reasonable time after the defect was discovered. If the customer does not notify NorVue of the defect within a reasonable time after discovery, the customer loses the right to claim the defect against NorVue.
A defect may, among other things, exist if (i) the Online Course does not correspond to essential information that NorVue has provided about the Online Course, (ii) NorVue has failed to provide essential information about the Online Course, including necessary information about technical conditions and prerequisites for the Customer's access to the course content, or (iii) the Online Course or its content is unavailable to the Customer, and this is not due to normal and necessary downtime for updates and maintenance, as well as general upgrades to the service's functionality.
If there is a defect that is NorVue's responsibility, and the Customer has complained in due time, the Customer may under the circumstances claim a price reduction, compensation, or termination.
The customer may terminate the agreement if the defect constitutes a material breach of contract. A breach of contract will always be considered material if the customer is completely prevented from accessing the Online Course continuously for more than 4 days, and that the lack of access is not due to circumstances that the customer is responsible for under the Agreement. The same applies if minor and short-term interruptions in operations are repeated over such a long period that the purpose of the Agreement is significantly frustrated.
NorVue is not responsible for errors and deviations caused by circumstances on the customer's side, including lack of access to the Online Course or other errors that have a causal relationship with the customer's obligations and responsibilities under section 12.4 or that the customer is not authorized healthcare personnel.
10. CUSTOMER'S OBLIGATIONS AND RESPONSIBILITIES TO NORVUE
10.1 The right to use the Online Course is unique to the individual customer who has entered into the Agreement with NorVue and cannot be transferred to others. Therefore, the customer cannot share their unique username and password that provide access to the Online Course with third parties unless specifically agreed with NorVue in advance. The customer is responsible for keeping their password and other information that can provide access to the service inaccessible to others.
10.2 The customer may not assign or transfer its rights and obligations under the Agreement without NorVue's prior written consent.
10.3 The customer is responsible for any activity performed under their user profile. The customer cannot use the website's service for illegal or unauthorized purposes. The customer cannot modify, adapt, or hack the website. If there is suspicion of hacking on the website, it will be reported to the police. Breaches of conditions such as misuse of the website by deliberately introducing viruses, trojans, worms, or other material that is (technologically) harmful will be reported.
10.4 The customer is solely responsible for ensuring that technical equipment, both software and hardware, is correctly installed and set up for the use of the Online Course. We follow Wistia's guidelines, where they, among other things, support Google Chrome, Firefox, Microsoft Edge and Safari. An overview of the technical conditions and prerequisites for access to NorVue's services can be found on Wistia's guidelines here.
11. CUSTOMER NEGLIGENCE AND BREACH OF CONTRACT
11.1 If the customer significantly breaches its obligations under the Agreement, NorVue has the right to terminate the agreement with immediate effect. Significant breach includes, but is not limited to, the customer's breach of the Agreement's clauses 10.1, 10.2, 10.3 and 15.
If the customer materially breaches the terms of the agreement and NorVue terminates the agreement as a result, the customer's user account providing access to the Online Course will automatically be terminated. The customer's made payments will not be refunded.
11.2 NorVue will demand financial compensation in the form of damages and/or reasonable license fees for the customer's intentional or negligent breach of the agreement's clauses 10.1, 10.2, 10.3 and 15.
12 LIMITATION OF LIABILITY
12.1 Due to continuous and significant progress in medical development, NorVue cannot guarantee that all information provided on their website or in the Online Course is at all times correct and complete in all respects. NorVue disclaims all liability for direct and indirect loss and damage that directly or indirectly may be linked to incorrect information provided on the website or in the Online Course.
12.2 NorVue is not responsible for how customers choose to use the information made available on the Online Course. The customers' use of course information is entirely at their own risk. NorVue cannot, therefore, be held liable for direct or indirect financial loss or damage to a person associated with the customer's use of course information in practice.
In this context, NorVue notes that medical treatments performed by healthcare professionals cannot be based solely on ultrasound findings and recommends that treatment and other patient decisions always be checked against the latest guidelines at any given time. The Online Course is not intended to replace regular diagnosis or treatment based on clinically sound principles and assessment.
12.3 NorVue is not responsible for loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer due to the customer's use of our website. For good data processing, it is recommended that the customer checks all material downloaded from our website for viruses using updated anti-virus software.
12.4 The website may contain material from third-party suppliers (e.g., images, videos, hyperlinks). Hyperlinks are only intended as information for our users. It is emphasized that NorVue has no control over third-party supplier websites or content referred to. NorVue is not responsible for websites or content from such third-party suppliers.
12.5 NorVue is not responsible for deficiencies due to obstacles beyond NorVue's control that NorVue could not foresee at the time of the agreement and that NorVue could not overcome or avoid the consequences of.
13. RIGHTS TO THE ONLINE COURSE AND DOMAIN
All intellectual property rights and other rights to the Online Course and NorVue's website, www.norvueas.com, and all elements found on this domain, belong exclusively to NorVue. Any use of NorVue's intellectual property rights that is not authorized by the Agreement, regardless of the purpose, is prohibited without prior written permission from NorVue. Any other use constitutes an infringement of NorVue's intellectual property rights and a breach of the Agreement. Infringement of these rights may be subject to criminal and civil liability.
14. CHANGES TO THE WEBSITE AND TERMS OF AGREEMENT
NorVue has the right at any time to change the design of its website, including the platform and service related to its Online Courses.
NorVue reserves the right to change these terms to the extent necessary. This may be done to adapt business terms to changed legal requirements or similar, without being limited to this. Customers will be notified of these changes via email at least 14 days prior to the effective date of the changes. If the Customer continues to use their Usage Right after the effective date of these changes, it is considered an acceptance of the amended terms.
15. RIGHT OF WITHDRAWAL
The Online Course comes with a 7-day money-back guarantee for withdrawal. Upon entering the Agreement, the Customer acknowledges that this right expires after 7 days or if they have viewed more than ¼ of the Online Course content within 7 days, given that access is provided immediately upon purchase completion and payment approval. It follows from Section 22 (n) of the Norwegian Consumer Protection Act that the right of withdrawal does not apply to contracts for the supply of digital content that is not supplied on a physical medium. Since the Customer gains access to the Online Course as soon as the purchase transaction is completed and the payment is approved, the right of withdrawal lapses at that time.
16. PRIVACY
Your security is important to NorVue and you can trust that you are making a safe transaction with us. Customer data received by NorVue is kept in accordance with Norwegian law and will not be shared with or sold to a third party. Read NorVue's privacy policy here.
17. DISPUTES
The parties shall attempt to resolve any disputes amicably. If this is not successful, the Customer may bring the matter to the Consumer Council. All disputes shall be resolved according to Norwegian law. If the matter is brought to the courts, it shall be decided by the Customer's jurisdiction.
If you want to appeal a service purchased from NorVue, you can file a complaint with:
Consumer Council
Fred Olsens gate 1
0152 Oslo
You can also complain to the Consumer Council via www.forbrukerradet.no
Last updated: 18.12.2023
