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1.1 These generalterms and conditions (the “terms”) apply to your subscription of, or yourpurchase of products relating to, titles provided by the companies BonnierBusiness Media Sweden AB and Fastighetsnytt Förlags AB (together the“Companies”).
The terms applybetween you (“you”, “Customer”) and Bonnier News AB, reg. no. 559080-0917(“Bonnier News”, “we”, “us”). The subscription is provided by Bonnier News onbehalf of the respective Company. The respective Company is provider andpublisher of the titles and decides the content published therein. The Companiesprovide titles such as:
(reg.no 556468-8892): Dagens Medicin, Digital Hälsa,Läkemedelsmarknaden, Finansmarknaden/Fond & Bank, Risk & Försäkring, Pensioner &Förmåner, Energimarknaden, Aktuell hållbarhet, Resumé, Dagens Media, DagensSamhälle, Market and Dagligvarunytt.
(reg.no556326-8837): Byggindustrin and Fastighetsnytt.
These terms applywhen you access any of the titles above or any service(s) related thereto,either via paper-based and digital media, portals, apps or by one-timepurchases of, for example, reports and books (“Services”, “Service”). You canfind the services offered from time to time on the relevant title’s website.
Beside theseterms, there may be other terms applicable between us that apply when youpurchase other services or products from us. For example, other terms apply ifyou attend any of our conferences or educations.
1.2 All subscriptionsare ongoing subscriptions and shall be renewed every twelve months. TheAgreement may be terminated by you by giving us notice no later than thirty(30) days prior to the end of the relevant contract period. A trialsubscription which is free of charge does not constitute a binding ongoingsubscription unless otherwise agreed.
1.3 The Customerhas expressed interest in the Service and, through this Agreement, gains accessto the Service.
1.4 Bonnier News’(or the Companies) may modify and restructure the Content of the Services.Bonnier News (or the Companies) cannot be held liable for such measures. In theevent the Customer is affected by such modifications other than to a negligibleextent, Bonnier News shall inform the Customer as soon as possible.
1.5 In light ofthe above, the parties have agreed on the following terms and conditions forprovision and use of ordered services.
2.1 In thisagreement, the following terms shall be defined as follows.
“SubscriptionServices” means services to which the Customer subscribes on an ongoing basis.
“FreeInformation” means information on the portal which a user can use withoutpayment of a separate fee.
“Agreement” meansthese general terms and conditions, including an Order and any attachments.
“Order” means theform which the Customer completes when an agreement is to be executed withBonnier News.
“One-time Order”means a purchase of a book or suchlike.
“Content” meansthe content which is provided through ordered services from time to time.
“IntranetSubscription” means direct delivery of the Content to the Customer’s internalnetwork.
“Licence” meansthe right for one (1) of the Customer’s users to have access to the Service –applies to digital Subscription Services.
3.1 Bonnier Newshereby grants, and the Customer hereby receives, a non-exclusive right ofaccess to the Service.
3.2 The Contentis protected by copyright, which is held by Bonnier News, the Company oranother rights holder. The Customer’s right of use in the Content is limited toa right, in its commercial operations and for its own internal use, to use theContent as set forth below. The Content may be used by one (1) user/licensee –refers to digital Subscription Services.
3.3 TheCustomer’s right of use in the Content is limited as set forth in section 3.2.The Customer may not disseminate or otherwise use the Content, e.g. by makingelectronic copies, transferring the Content via post, email, digital transfer,fax, or other means of communication, or showing the Content to any third partyunless otherwise agreed. Copyright and other intellectual property rights tothe Content are vested in us and remain, in full, our property.
3.4 Other than asagreed with Bonnier News, the Customer shall have no right to post the Contenton a public website. In the event the Customer wishes to post the Content onthe Customer’s intranet, a separate agreement – Intranet Subscription – must beexecuted with Bonnier News.
3.5 A separateagreement with Bonnier News must be entered into in the event the Customerwishes to link to Content which is located at Bonnier News (or the Companies).
4.1 Bonnier Newsprovides the content in as-is condition and shall not be liable for any errorsor defects in the content.
4.2 The Customershall have complete and sole liability for all of its activities related to theContent and Bonnier News shall have no liability whatsoever for damage/loss orcosts incurred in connection with the Customer’s use of the Content.
4.3 Both parties’ liability for damage/loss underthe agreement shall be limited to direct losses and any liability in damagesshall not include compensation for lost profit or other indirect damage orlosses. The Customer’s liability in damages shall, at all times, be limited tothe fee which is to be paid for the relevant Service during the relevantcontract period. These limitations of liability shall not apply where a partyhas caused the damage/loss intentionally or through grossly negligent actions,or where the Customer has infringed copyright in respect of the Content.
5.1 The Customer shall ensure that the Servicesare not used in contravention of the Agreement and that all use of any passwordand user ID takes place in accordance with the Agreement. Moreover, no passwordor user ID may be shared with any third party.
6.1 Delivery of ordered services pursuant to theagreement may take place in the following ways:
1) digital deliveries and apps (via, e.g., emailor websites), via smartphones or tablets, deliveries direct to customers’intranet or suchlike; and
2) other deliveries, such as printed periodicals,books, reports or suchlike.
7.1 A fee shall be payable pursuant to the pricelist applicable from time to time unless otherwise agreed between the parties.
7.2 The fee shall be paid in advance unless theparties have agreed otherwise in writing. The fees are stated exclusive ofvalue-added tax or other comparable surcharges and fees. The invoice shall bepaid within 30 days from the invoice date, whereafter interest on arrearspursuant to the reference rate established by the Swedish Riksbank, plus 8percentage points, shall be payable until payment in full is made.
7.3 The Agreement shall be renewed with a12-month subscription period unless otherwise agreed between the parties.Unless otherwise agreed between the parties, the price list applicable fromtime to time shall apply in conjunction with renewal of the Agreement.
8.1 The Agreement shall enter into force uponexecution or as otherwise agreed in accordance with the Order and shall remainin force for the relevant contract term in accordance with the Order. TheAgreement states the applicable contract term and the date of entry into forceof the Agreement. Notice of termination shall be given in writing.
8.2 These General Terms and Conditions shall alsoapply if the Customer, during the contract term, purchases/orders off newServices.
8.3 Either party shall be entitled to terminatethe Agreement with immediate effect in the event: (1) the other partymaterially breaches its obligations under the Agreement and fails to curewithin 20 days following a written demand to do so from the first party; or (2)the other party is placed into bankruptcy, commences composition negotiationswith its creditors, becomes the subject of enforcement measures, suspendspayments, becomes the subject of an application for company reorganisation, isplaced into liquidation, or otherwise can be deemed to have become insolvent;or (3) in the event a force majeure situation, as per section 9, is of morethan three months’ duration.
8.4 In the event the Customer uses the Service incontravention of the Agreement, Bonnier News shall be entitled to discontinuethe Customer’s (access) use of the Service or to terminate the Agreement withimmediate effect.
9.1 In the event performance of any of theparties’ undertakings pursuant to the Agreement is prevented or delayed due towar, strike, lockout, fire, flood, shortage of means of transport or energy,public authority measure, newly enacted or amended legislation, or anotherreason beyond the control of the party in question, such party shall bedischarged from liability in damages and other sanctions, provided that theparty informs the other party of the circumstance within a reasonable time. Assoon as the impediment ceases, the obligation shall be performed in the agreedmanner.
10.1 The Customer shall appoint a contact person,to be stated in the Agreement. Bonnier News shall be notified, in writing, ofany replacement of a contact person.
11.1 The Agreement shall be interpreted andapplied in accordance with Swedish law.
11.2 Any dispute involving the interpretation orapplication of this Agreement and appurtenant legal relationships shall bedetermined by arbitrators pursuant to the Swedish Arbitration Act in force atthe time of the request for arbitration. In respect of unpaid and due claimsfor fees for the Service or disputes where the amount in dispute clearly doesnot exceed SEK 200,000, Bonnier News or the Customer shall be entitled to bringaction in a court of general jurisdiction or with the Swedish EnforcementAuthority.
12.1 The Customer shall not be entitled to assignits rights or obligations under this Agreement without Bonnier News’ writtenconsent.
13.1 In the event any provision of the Agreement,or part thereof, is found to be invalid or cannot otherwise be performed, theAgreement as a whole shall not be rendered invalid unless the invalidity has amaterial detrimental impact on the parties’ consideration or performance underthe Agreement.
13.2 The Agreement constitutes the completeregulation of all issues to which the Agreement relates, unless other writtenarrangements have been reached. All oral undertakings and promises which precededthe Agreement shall be replaced by the content of the Agreement.
14.1 Bonnier News is the controller of personaldata for the processing of personal data which takes place as consequence ofthis Agreement. Processing of personal data takes place in accordance withBonnier News personal data policy applicable from time to time, which isdescribed in full at https://privacy.bonniernews.se/personuppgiftspolicy-affars-och-branchpress
August 26 2024
