Terms and Conditions

5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

9.1.1 You must not use obscene or vulgar language; 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; 9.1.3 You must not submit Content that is intended to promote or incite violence; 9.1.4 It is advised that submissions are made using English or Norwegian, as We may be unable to respond to enquiries submitted in other languages; 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws; 9.1.6 You must not impersonate other people, particularly employees and representatives of Smartakva or Our affiliates; and 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that Smartakva reserves the right to monitor any and all communications made to Us or using Our System.

9.3 You acknowledge that Smartakva may retain copies of any and all communications made to Us or using Our System, in accordance with Our Privacy Policy.

9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information, to the extent permitted under the Norwegian Copyright Act. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance, and We reserve the right to reject such terms and associated information.

10.1.1 all information you submit is accurate and truthful; 10.1.2 you have permission to submit Payment Information where permission may be required; and 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment, you shall be charged for the period from the commencement of the provision of Services until the date you notified Us, and may be charged for a billing cycle of one month.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence, subject to any refund you may be entitled to under Clause 14.

12.2 Where appropriate, you may be required to select the required Plan of Services.

12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

12.4 All pricing information on the Website is correct at the time of going online and is inclusive of Norwegian VAT (MVA) where applicable. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, the price that was valid at the time of the order shall be used.

13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

13.2.1 Confirmation of the Services ordered, including full details of the main characteristics of those Services; 13.2.2 Fully itemised pricing for the Services ordered, including, where appropriate, VAT and other additional charges; 13.2.3 Relevant times and dates for the provision of the Services; 13.2.4 User credentials and relevant information for accessing those Services; 13.2.5 Information on your statutory right of withdrawal under Clause 14, including the withdrawal form, in accordance with the Norwegian Right of Withdrawal Act (angrerettloven).

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased, and on the same day of each subsequent month ("billing cycle") for charges accrued during the previous billing cycle, and/or as indicated in the order confirmation you received.

13.5 We aim to fulfil your Order within 2–3 working days or, if not, within a reasonable period following your Order, unless there are exceptional circumstances. If We cannot fulfil your Order within a reasonable period, We will inform you at the time you place the Order, by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, meaning We will aim to fulfil your Order within any agreed timescales, but this is not an essential term of the Contract, and We will not be liable to you if We do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory right of withdrawal, detailed in Clause 14, will be affected.

13.6 Smartakva shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

13.7 In the event that Services are provided that are not in conformity with your order and are thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days, without prejudice to any further remedies you may have under the Norwegian Consumer Purchases Act (forbrukerkjøpsloven) or the Act relating to Contracts for the Supply of Digital Content and Digital Services.

13.8 Smartakva provides technical support via Our online support forum and/or phone. Smartakva makes every effort possible to respond in a timely manner, but We do not guarantee a particular response time.

14.1 If you are a consumer based within the EU/EEA, including Norway, you have a statutory right of withdrawal ("cooling off" period) under the Norwegian Right of Withdrawal Act (angrerettloven), which implements EU Directive 2011/83/EU. This period begins once your order is confirmed and the contract between Smartakva and you is formed, and ends 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us using the withdrawal form provided with your order confirmation, or by emailing Us at: post@smartakva.no. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.

14.2 As specified in sub-Clause 13.5, if the Services are to begin within the withdrawal period, you are required to make an express request to that effect and expressly acknowledge that you lose your right of withdrawal once performance is complete. By requesting that the Services begin within the 14 calendar day withdrawal period, you acknowledge and agree to the following:

14.2.1 If the Services are fully performed within the 14 calendar day withdrawal period, you will lose your right to withdraw after the Services are complete.

14.2.2 If you cancel the Services after provision has begun but is not yet complete, you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.

14.3 Cancellation of Services after the 14 calendar day withdrawal period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

14.4 If you believe your right of withdrawal has not been respected, you may bring a complaint before the Norwegian Consumer Authority (Forbrukertilsynet) or the Consumer Disputes Commission (Forbrukerklageutvalget).

16.2 We may use your personal information to:

16.2.1 provide Our Services to you; 16.2.2 process your payment for the Services; and 16.2.3 inform you of new products and services available from Us, where you have consented to receive such communications in accordance with Section 15 of the Norwegian Marketing Control Act (markedsføringsloven). You may withdraw this consent and request that We stop sending you this information at any time.

16.3 We will not pass on your personal information to any third parties without an appropriate legal basis, as described in Our Privacy Policy, and will never do so for purposes incompatible with that Policy without first obtaining your express permission where required by law.

17.2 No part of this Website is intended to constitute advice, and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20.2 Nothing in these Terms and Conditions excludes or restricts Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under Norwegian law, including mandatory consumer protections under the Norwegian Consumer Purchases Act (forbrukerkjøpsloven) and the Marketing Control Act (markedsføringsloven).

20.3 Nothing in these Terms and Conditions excludes or restricts Smartakva's liability for any direct loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website, to the extent such liability cannot lawfully be excluded.

20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

25.2 Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Norwegian courts, with [insert local district court, e.g. Bergen tingrett] as the court of first instance, save that if you are a consumer resident in another EU/EEA country, you may also be entitled to bring proceedings in the courts of your country of residence, and mandatory consumer protection provisions of your home country may continue to apply, in accordance with applicable EU/EEA private international law.