The ecosystem of focus areas from experts’ knowledge, industry trends and big data analytics (“BOOST MY AUDIT”) is a service provided by DNV Business Assurance AS, a company incorporated in and governed by the laws of Norway, to the management system certification customers of DNV Business Assurance holding a management system certification agreement with a legal entity within the DNV Business Assurance Group.
This Service is provided as consideration pursuant to the Customer’s purchase of Management Systems Certification services.
These terms (“the Terms”) shall govern the license to use BOOST MY AUDIT.
The Terms supersede and invalidate all prior representations relating to the subject matter hereof. Customer’s terms and conditions included in any of Customer’s purchase orders, call-off orders or similar shall be null, void and disregarded. No other amendment and/or variation to the Terms shall be valid unless duly signed by/on behalf of both parties.
By using BOOST MY AUDIT you acknowledge that you have read and agree to be bound by the terms, and that you are authorized to agree for and bind the company, corporation or other legal entity on behalf of which you act (“the Customer”). If you are not authorized to agree for and bind the customer, then do not agree to the Terms and do not access or use BOOST MY AUDIT. By using BOOST MY AUDIT, the entity you represent is signing this agreement, and is agreeing to be bound by and is becoming a party to this agreement.
The Terms shall be governed and interpreted in accordance with Norwegian law. Any dispute arising from or in connection with these Terms, BOOST MY AUDIT or the use thereof, whether in contract or in tort, or otherwise in respect of any information, whether express or implied, given on or through BOOST MY AUDIT, shall be subject to the exclusive jurisdiction of the courts of Norway.
BOOST MY AUDIT is a proprietary tool, subject to the copyright of DNV AS.
The License and access to BOOST MY AUDIT shall terminate automatically upon notice of termination of the relevant management system certification agreement.
The License does not include any right to further distribute or modify the material given access to through BOOST MY AUDIT other than by copying and downloading material and information to which access is being given, solely for its internal purposes.
Customer shall ensure that access to BOOST MY AUDIT or any material downloaded therefrom shall not be given to anyone outside of customer group. “Customer Group” – shall mean (i) the Customer and its affiliates; (ii) the respective directors, officers, managers, agents, employees (including agency personnel) and representatives of the persons and entities mentioned under (i) as well as any other person or entity acting on its/their behalf.
All information and/or material given access to through BOOST MY AUDIT shall constitute confidential information. The service is specific for the Customer and shall be used solely for the internal purposes of Customer Group. No material, information or other intellectual property provided through or arising out of BOOST MY AUDIT shall be used to compete with DNV Group.
Customer understands and agrees that no information or material provided through BOOST MY AUDIT shall constitute, serve as or in any other way be construed as advice from DNV to the Customer or Customer Group. No representation or warranty is made as to the accuracy, reliability or completeness of the information or material provided through BOOST MY AUDIT.
DNV may, in its sole discretion, set and enforce limits on the Customer’s use of BOOST MY AUDIT. Any use of the service beyond such limits requires DNV’s express consent, to be given in DNV’s sole discretion.
BOOST MY AUDIT does not imply any license to use or refer to DNV, its trademarks, trade names or logos, other than strictly necessary for Customer’s use of BOOST MY AUDIT.
The Customer shall ensure that any user names and passwords provided for access to BOOST MY AUDIT shall only be disclosed to the personal user, and shall be kept confidential by the user to whom such user name and/or password is provided; and the same will not be disclosed to third parties. The Customer shall immediately notify DNV if it becomes aware of the loss, theft or disclosure to any third party or any unauthorised use of a username and/or password.
The Customer may create and delete individual user accounts for users within the Customer’s organization (“Authorized Users”) and shall direct, instruct and cause all Authorized Users to comply with and adhere to this Contract. Customer shall be responsible for any Authorized User’s breach of this Contract.
The Customer hereby gives DNV Group the right to use for statistical, analytical and other benchmarking purposes any information collected or generated in the course of work performed for Customer or Customer Group, provided that such is kept internal or published only in aggregated anonymous forms.
While DNV uses reasonable efforts to ensure that the information provided through BOOST MY AUDIT is accurate and up to date, DNV makes no warranties in respect of BOOST MY AUDIT or the use thereof. To the extent permitted by applicable law, BOOST MY AUDIT is provided "as is" without warranty of any kind, either express, implied or statutory, including, but not limited to, the warranties of merchantability or fitness for a particular purpose. Customer shall indemnify and hold harmless DNV as, its affiliates, parent companies and subcontractors (hereinafter DNV group) from and against any claims from third parties arising from or in connection with customer’s access to or use of BOOST MY AUDIT. Third parties in this clause 14 include customer’s affiliates, subsidiaries, parent companies and other companies in customer group.
DNV reserves the right to suspend the service at any time without any liability.
To the extent permitted by applicable law, DNV group does not assume any legal liability for any special, indirect, consequential or incidental loss or damage, whether in contract or in tort (including negligence), including, but not limited to, loss of use, production, revenue, profits or data arising from or in connection with BOOST MY AUDIT or the use thereof.
To the extent permitted by applicable law, the cumulated, aggregate liability of DNV group arising from or in connection with this agreement, BOOST MY AUDIT or the use thereof, whether in contract or in tort (including negligence), shall be limited 100.000 NOK. Customer shall indemnify and hold harmless DNV group from any claims from customer’s affiliates, subsidiaries, parent companies and other companies in customer group arising from or in connection with BOOST MY AUDIT or the use thereof.