Stock'N'Buy is the owner and operator of the StockAndBuy service (“ the Service”). Your use of the Service is expressly conditioned on your acceptance of these Stock'N'Buy Terms and Conditions (“ Terms and Conditions”). "You" refers to any individual who creates an account on Stock'N'Buy, or, if the Service is being used on behalf of an entity or by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing Stock'N'Buy on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. By using the Service, you signify that you unconditionally agree and accept to be legally bound by these Terms and Conditions. You may use the Service only if you can form a binding contract with Stock'N'Buy, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to Stock'N'Buy or its employees, representatives or agents in relation to the Service shall be applicable to or binding on StockAndBuy.
Stock'N'Buy hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:
By creating an account and subscribing for the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by Stock'N'Buy for the particular services or products you have requested. You agree to comply with any payment terms that Stock'N'Buy may impose from time to time. You may be required to pay Stock'N'Buy in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service. Your subscription may be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of StockAndBuy, to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. StockAndBuy may not give you prior notice of an automatic renewal. If StockAndBuy is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless StockAndBuy is notified of a change or cancellation in writing using the tools or means made available by StockAndBuy. All sums payable by you to Stock'N'Buy may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription or charges levied by StockAndBuy. As such, you agree that StockAndBuy may charge you and/or the credit card on record for any taxes or charges that StockAndBuy is required by any applicable law or regulation to levy on the subscription or charges.
Stock'N'Buy shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions. This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription. After termination, Stock'N'Buy may, at its sole discretion, maintain any data you have uploaded into its systems. However, you agree that other than any obligations expressly stated in these terms and Conditions, StockAndBuy has no responsibility to you to maintain your user account or any of your data after termination and you shall hold StockAndBuy harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same. If termination is due to your failure to renew your subscription on a timely basis, you may reactivate your account and access your data if renewal under such circumstances are enabled by Stock'N'Buy.
You acknowledge and agree that the nature of the Internet is international and that Stock'N'Buy has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from Norway, and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.
This Service allows you to upload information such as text, graphics, or other material (“Data” or, when posted by you, “your Data”), and to share your data with others. You retain full ownership of your Data, but there are many things that users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. Stock'N'Buy has no responsibility for that activity. You understand that publishing your Data on the Service is not a substitute for registering it with any Copyright Office or any other rights organization. Please consider carefully what you choose to share. You agree not to post Data that:
You agree that any Data that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Data that we believe, in our sole discretion, violates these provisions. You retain full ownership to your Data, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Data in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Data in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Data as are necessary to conform and adapt that Data to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Data on the Service including yours. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
All Data in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Data. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Data or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Data posted via the Service and, we cannot take responsibility for such Data. If you use or rely on any Data or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will Stock'N'Buy be liable in any way for any Data, or any loss or damage of any kind incurred as a result of the use of any Data in the Service. You agree that you are responsible for your use of the Service, for any Data you provide, and for any consequences thereof, including the use of your Data by other users and third parties. You understand that if you do not have the right to submit Data to the Service, doing so may subject you to liability. Stock'N'Buy will not be responsible or liable for any use of your Data by StockAndBuy in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Data that you submit including all necessary rights to upload your Data for use in accordance with these terms and conditions.
The Service Level Agreement attached to these Terms and Conditions is incorporated into and form part of these Terms and Conditions. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Stock'N'Buy may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice. Stock'N'Buy guarantees that its Service will be available 99.7% of the time in a calendar month (“ Monthly Uptime Guarantee”), given other parts of these terms do no apply, excluding Maintenance and Exclusions (both terms of which are defined below). You are eligible to claim service credit(s) for Service Downtime if Stock'N'Buy fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of 0.5% in a calendar month is verified by StockAndBuy. “Service Downtime” is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by Stock'N'Buy to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions.
If you attempt to access any of your data but the data is irrecoverable, you must report the same to Stock'N'Buy as soon as possible. Stock'N'Buy will investigate the cause of the same and will require your assistance during such investigation. If the result of Stock'N'Buy’s investigation indicates that the cause of such irrecoverable data is due to the fault of StockAndBuy, then StockAndBuy will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place. The Monthly Uptime Guarantee does not include time required to perform data restores and backups if applicable.
“Maintenance” means and includes:
UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, Stock'N'Buy MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS WEBSITE, THE SERVICE, THE PRODUCTS OR SERVICES AVAILABLE ON THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS WHERE IS” BASIS. Stock'N'Buy DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THIS WEBSITE. StockAndBuy EXPRESSLY DISCLAIMS ALL WARRANTIES, AND TERMS AND CONDITIONS IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF NORWAY. StockAndBuy DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM Stock'N'Buy IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR THE AVOIDANCE OF DOUBT, Stock'N'Buy DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE. Stock'N'Buy TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY OR PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, StockAndBuy SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERS’ COMPUTERS, APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Stock'N'Buy, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Stock'N'Buy BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Stock'N'Buy ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL StockAndBuy ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Stock'N'Buy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in Norway. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Norwegian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Norway, or are a foreign person or entity blocked or denied by the Norwegian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Stock'N'Buy has no responsibility for and is released from all contractual obligations and liability (e.g. for damages) if its performance of these Terms and Conditions is affected by an event of force majeure. For the purpose of this clause, the term “force majeure” means and includes any event which was not under the control of Stock'N'Buy, or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labor action, or the unavailability of the Internet for reasons beyond the control of StockAndBuy.
These Terms and Conditions are governed by the laws of Norway. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction of the courts of Norway. You may not assign your rights hereunder to any third party without the prior written consent of Stock'N'Buy. No joint venture, partnership, employment, or agency relationship exists between you and Stock'N'Buy. If any provision of these Terms and Conditions is found invalid or unenforceable by any Norwegian court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. These Terms and Conditions constitute the entire understanding and agreement between Stock'N'Buy and you and supersedes any and all prior understandings and/or agreements between the parties in relation to the Service. No purported waiver by Stock'N'Buy of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorized representative of StockAndBuy. No change, amendment or modification of any provision of these Terms and Conditions will be valid unless set forth in writing and mutually agreed to by the parties.
Stock'N'Buy reserves the right to alter these Terms and Conditions at any time. Such changes will be effective and legally binding on you when posted on our website for the Service or when we use reasonable efforts to notify you by other means. Please review these Terms and Conditions periodically for changes. Your continued use of this Service after amended Terms and Conditions is posted on this website or is otherwise brought to your attention signify that you agree and accept to be legally bound by the changes.
You have questions or comments regarding our policies? Please email us at support[at]StockAndBuy.com.