iQ GLOBAL AS

ABUSE REPORT TERMS AND CONDITIONS

These Terms & Conditions (the “Terms”) describe your rights and responsibilities when using the abuse report service provided by iQ Global AS, a Norwegian Limited Company, (the “Services”). We ask you to carefully read through them.

These Terms do not have to be signed in order to be binding. You understand and indicate your assent to these Terms and that you have the legal capacity to agree to these Terms, by clicking “Next” and “Submit” (or similar button or checkbox) at the time you Signup for the Services. By agreeing to these Terms, you are also agreeing to the Privacy Policy. Acceptance of these Terms and the referenced policies herein is required in order to access the Service, so if you do not agree with them, We are unable to provide you access to any part of the Services.

If you are accessing the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “Client” will refer and apply to you and that company or other legal entity.

1         DEFINITIONS AND INTERPRETATIONS

In this Agreement (unless the context otherwise requires), the following words and phrases shall have the following meanings:

1. “Agreement” means the Agreement formed by these Terms together with the subscribe form, as may be varied from time to time in writing between the parties;
2. “Confidential Information” means information in whatever form (including, without limitation, in written, oral, visual or electronic form wherever located) relating to the business, clients, customers, products, affairs and finances of the Client for the time being confidential to the Client and trade secrets including, without limitation, technical data and know-how relating to the business of the Client or any of its or their suppliers, clients, customers, agents, distributors, shareholders or management, whether or not such information is marked confidential;
3. “Effective Date” means when the Client has clicked “Next Step” and “Submit” (or similar button or checkbox) on the Subscription form found at https://abusestats.com/subscribe.
4. “Service”, “Services”, “Subscription”, “Subscriptions” means the iQ Abuse Report service, as described on https://abusemanager.com and https://abusestats.com/subscribe

5. “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever including patents, supplementary protection certificates, registered trademarks, registered designs, models, unregistered design rights, unregistered trademarks, rights to prevent passing off or unfair competition and copyright (whether in drawings, plans, specifications, designs and computer software or otherwise), database rights, topography rights, any rights in any invention, discovery or process, rights in formulae, methods, plans, inventions, discoveries, improvements, processes, performance methodologies, techniques, specifications, technical information, tests, results, reports, component lists, manuals and instructions, and applications for and rights to apply for any of the foregoing, in each case in the Kingdom of Norway and all other countries in the world and together with all renewals, extensions, continuations, divisions, reissues, re-examinations and substitutions;
6. “Terms” means these terms and conditions;

2        FORMATION OF AGREEMENT

1. By clicking “Next Step”  and “Submit” (or similar button or checkbox) on the Subscription Form for the Services, the Client agrees to be bound by these Terms which forms this Agreement between the Client and iQ Global. By agreeing to these Terms, you are also agreeing to the Privacy Policy and Cookie Policy. Acceptance of these Terms and the referenced policies herein is required in order to access the Service, so if you do not agree with them, iQ Global is unable to provide you access to any part of the Services.
2. By submitting the Subscription Form, the Client warrants that it has authority to order the Services and enter into this Agreement.                                                                                                                                                 

3         iQ GLOBAL’S OBLIGATIONS

1. iQ Global shall perform the Services in a professional manner.        
2. iQ Global shall provide Customer Support via email to the best of their ability. 
           

4         CLIENT OBLIGATIONS

1. By progressing in the Subscription Form, the Client consents to and has procured all necessary third party consents to let iQ Global provide them the Services.
2. To be responsible for all activities performed or executed using their subscription and the data contained there in.
3. That, should the Client share its subscription so that others may access the Service, this is entirely at the Client’s risk and iQ Global has no liability for any use or misuse of any information to which they may gain access to on the Service or for any activities they may carry out.
4. To notify iQ Global immediately in the event of a security breach or suspected security breach concerning any aspect of the iQ Global Service including the Client’s subscription or any other details to the Service. At all times to co-operate with iQ Global and to provide it promptly with such information as is reasonably required by iQ Global.
5. That, if iQ Global’s performance of any of its obligations under this Agreement is prevented or delayed, in whole or in part, by any act or omission by Client or failure by Client to perform any aspect of any relevant obligation under this Agreement iQ Global shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from iQ Global's failure or delay to perform any of its obligations as set out in this Agreement.                

5          FEES AND PAYMENT

1. All prices and fees mentioned by iQ Global are in US Dollars, unless explicitly otherwise stated.
2. All prices and fees are excluding value-added tax (VAT) and any other taxes or government levies, as well as costs for transport and delivery, unless explicitly otherwise stated.
3. iQ Global shall be entitled to review and vary its fees and charges for the Services under this Agreement from time to time.
4. If the Client fails to pay a fee within the term of payment, the Client is in default without a warning or notice of default being required.
5. The parties agree that any fees paid or payable are non-refundable. Accordingly if the Agreement is terminated or the Services are cancelled, iQ Global will be entitled to retain such fees.                                        

6          CONFIDENTIALITY AND DATA

6.1         iQ Global will keep confidential and neither disclose nor permit its employees, agents or sub-contractors to disclose any Confidential Information entrusted to it by the Client. This restriction shall not apply to information already in iQ Global’s possession, or which comes into the public domain other than by breach of this obligation by iQ Global, its employees, agents or subcontractors, or which is disclosed to iQ Global by a third party free to disclose the same, or is required to be disclosed pursuant to any law or regulation or by a court of competent jurisdiction or by any legal or regulatory authority (including the police), or is independently developed by iQ Global.

6.2         iQ Global shall not use any Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

7        INTELLECTUAL PROPERTY RIGHTS

1. For the avoidance of doubt, all Intellectual Property Rights in the materials used by iQ Global to carry out the Services or in any registered or unregistered trade mark, service mark, logo, design, database content or format, copyrighted material, software or data owned by iQ Global or any relevant third party owners remain vested in iQ Global or the relevant third party owners and cannot be used except with prior written permission. Copyright in the Services, the data, and any reports created thereunder shall also remain with iQ Global.
2. Any Intellectual Property Rights which come into existence as a result of the performance by iQ Global of the Services will be the property of iQ Global.
3. iQ Global explicitly owns the rights to any and all data used in providing the Services and Subscriptions. The Client may not, without prior written consent, gather or store the data available to them in the Services and Subscriptions.
4. The Client may not republish, or publicly use the data available to them in the Service and Subscriptions without acknowledging iQ Global and the Services as the data source, with a valid link to either https://abusestats.com, https://abusemanager.com, or https://iq.global.

8        LIABILITY

THE STATUTORY LIABILITY OF iQ GLOBAL DUE TO AN ATTRIBUTABLE FAILURE TO PERFORM UNDER THE AGREEMENT WILL BE LIMITED TO COMPENSATION, DAMAGES AND/OR LOSS NOT EXCEEDING THE SUM STIPULATED FOR THE SERVICE CONCERNED.

IF THE TERM OF THE SERVICE RUNS LONGER THAN ONE YEAR, THE MAXIMUM COMPENSATION WILL NOT EXCEED THE TOTAL SUM OF PAYMENTS FOR THE YEAR IN WHICH SUCH FAILURE OCCURS. UNDER NO CIRCUMSTANCES SHALL COMPENSATION, DAMAGES AND OR / LOSS EXCEED THE AMOUNT OF USD 3 000 OR IF VOID LIMITED TO STATUTORY MINIMUM LIABILITY, WHEREBY A SERIES OF CONNECTED INCIDENTS OR EVENTS WILL COUNT AS ONE INCIDENT OR EVENT.

IN NO EVENT SHALL iQ GLOBAL NOR  ITS PARTNERS, NOR ANYONE ELSE INVOLVED IN CREATING, SUPPORTING OR, PRODUCING  BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, AND ANY WEBSITE OR NETWORK DOWNTIME, COST OF PROCURING SUBSTITUTE SERVICES HEREUNDER, EVEN IF iQ GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE CLIENT ACKNOWLEDGE AND AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT, IN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

DISCLAIMER.

NEITHER iQ GLOBAL NOR ANY OF ITS RESPECTIVE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.  EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 8 ABOVE, iQ GLOBAL SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

9        INDEMNIFICATION FOR THIRD PARTY CLAIMS

Each Party agrees to indemnify, defend, and hold harmless the other Party, and its directors, officers, employees and agents from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses or other third party claims in connection to the delivery of Services.                                                                                 

10        WARRANTIES AND AVAILABILITY OF SERVICES

iQ Global will use best endeavours to provide the Services without major interruptions and to ensure that the reports will be reasonably accurate. However, iQ Global makes no guarantee of the accuracy and completeness of the data, information and reports provided in the Services and Subscriptions.

From time to time the Client may experience disruptions mainly due to circumstances beyond the control of iQ Global for which iQ Global excludes all liability. iQ Global may also need to perform maintenance of its hardware and/or software, which may interrupt the provision of the Services.

11         TERM AND TERMINATION

1. This Agreement shall commence on the Effective Date and shall continue until termination in accordance with this clause 11. 
2. Either party may terminate the Services without any prior written notice for any or no reason. The Client may do so by terminating their Subscription through Settings in the Service.

12        FORCE MAJEURE

•                                                         
• iQ Global will not be in breach of the Agreement or otherwise liable to the Client for any failure to perform or delay in performing its obligations under the Agreement and it reserves the right to defer the date of provision of the Services if it is prevented from or delayed in performing its obligations under the Agreement due to circumstances beyond its reasonable control including, without limitation, any natural hazard outside human control; governmental actions; war or national emergency; acts of threat of terrorism; protests; riot; civil commotion; fire; explosion; flood; epidemic; lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce); restraints or delays affecting carriers; inability or delay in obtaining supplies of adequate or suitable materials; inability to access premises; breakdown or failure of technology or machinery; changes in law which result in the provision of Services as set out in the Agreement being or becoming illegal; theft or malicious damage to iQ Global’s property (whether physical or intangible); and/or failure of a utility service or transport or telecommunications network provided that, if the event in question continues for a continuous period in excess of thirty (30) days, either party shall be entitled to terminate the Agreement immediately by giving notice in writing to the other party.

13        GENERAL

1. This Agreement shall, together with the Subscription Form constitute the entire agreement between the parties and supersede any previous agreement or understanding and may not be varied except in writing between the parties and signed by their respective authorised signatories. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
2. The Client cannot transfer his rights and obligations under this Agreement without written consent from iQ Global, which shall not be unreasonably withheld. 
3. iQ Global may update these terms and conditions with a 30 day written notice. If the Client does not agree to the new terms and conditions, they may opt to terminate their Subscription to Service before the new terms and conditions come into effect.
4. iQ Global may assign, transfer, novate, mortgage, charge, sublicense, hold on trust or otherwise deal in or dispose of, in whole or in part, any of its rights or obligations under this Agreement without the prior consent of the Client and the Client hereby undertakes and agrees to promptly execute and deliver any documents or instruments required by iQ Global for such purpose.  
5. Notices relating to this Agreement will be sent to the Client via email to the email address set forth in the Subscription Form.  Notices to iQ Global should be sent to legal@iq.global.
6. If any provision or any part of a provision of this Agreement is held by any authority to be invalid and unenforceable, the validity of the other provisions and/or the remaining part of the provision shall not be affected.
7. This Agreement and other judicial acts concerning the delivery of the Services are governed by the laws of Norway. If a dispute arises between the parties concerning the interpretation or legal effect of the Agreement, iQ Global can demand that an attempt shall be made in the first instance to resolve the dispute through negotiation.  If such negotiations do not reach a conclusion within 30 days of the demand for the negotiations being made, the dispute shall be forwarded to the local courts in Norway, Oslo.        

Last updated: 22 April 2021