Terms and conditions

General information
Novitio ApS
CVR: 41309296
Østre allé 102
9000 Aalborg
info@novitio.com
30153642
(In the following mentioned as “the Company”)

1. Terms and conditions
1.1 When accessing the Company’s website and using the Company’s platform (hereafter “Platform”) you accept to be subject to these terms and conditions (hereafter” Terms and Conditions”).

1.2 Please familiarize yourself with these Terms and Conditions before further use of the Company’s Platform. In case you don’t accept these, you should leave the Platform immediately and you are prohibited further use of the Platform. These Terms and Conditions apply to any use of the Company’s Platform and for sales or purchase agreements which conclude thereunder.

1.3 The Company reserves the right to change the Terms and Conditions at any time. The changes in the Terms and Conditions will take effect immediately after the Company posts such updated Terms and Conditions on this Platform. Your continued access to or use of the Company’s Platform constitutes consent to be bound by the changed Terms and Conditions.

2. Description of the Company’s Platform
2.1 The Company provides a Platform in the form of a website where the customers, buyers and sellers, (hereafter” the Users”) can seek and provide all products and services offered on the Platform. The Company only provides the Platform which contains the beforementioned and therefor solely acts as an agent for the Users. The Company connects the Users, whereafter the Users can enter legally binding agreements with one another. However, The Users should be particularly aware of the fact that all legally binding agreements, created and entered on the Platform, only apply for the Users (the buyers and sellers) and do not include nor obligate the Company.

3. Access to the Platform
3.1 The company (Partner, Customer or User) admin needs to sign up to Novitio via the website www.novitio.com. All companies will be manually activated to ensure the right users with the correct permissions are onboarded. The website provides the company admin with registration instructions that will appear upon activation. The company admin can create User-accounts within the platform. When the company admin has created User-accounts, the Platform will provide them with access to features related to purchasing or selling all products and services offered on the Platform depending on permissions.

4. Payment
4.1 The Users must sign-up to the Platform in order to access and use the Platform.

4.2 If the user wants to unsubscribe, a written notice must be sent, received, and confirmed by Novitio aps. The notice must be sent to the following email address: Info@novitio.com

4.3 The valid prices or price structure will appear on the Company’s marketing website or within the terms and conditions.

4.4 All prices are exclusive VAT and are specified in Danish Kroner, U.S. Dollars and Euros, DKK, USD and EUR.

4.5 The Company only accepts bank transactions as payment method. The Users can therefore only pay for the Service commission through bank transactions.

4.6 Pay pr. Use 5% does not have a fixed monthly payment. The User only pays for the usage of the Platform. The cost for usage is 5% for all purchases/sales and will be claimed at the time of the transaction with net 8 days payment terms. The pay per use heron after referred to as novitio service commission.

Example of Pay per Use 5% model see below:

Purchase / Bid:
Your offer or bid: 100 EUR.
Pay per Use fee 5%: 5 EUR.
Offer on Novitio platform: 100 EUR. Invoice on 100 Euro will apply from seller if a transaction is agreed.
Separate invoice send by Novitio on 5% of the transaction to the buyer.

Your total cost: 105 EUR

4.7 The Company is free to change the stated the valid prices or price structure without prior notice. A notice will be sent if any changes are applied. If a printing error has occurred and the Users should know or know that this is a typing error, the Users cannot get the price due to the typing error. The Company can at any time cancel a subscription made by a typing error on the price.

4.8 All prices for the products and services, offered and purchased through the Platform, are specified in the individual legal binding agreements that the Users have entered with one another. The Company does not have a say in the prices agreed between the Users.

4.9 Any reclamation between a buyer and seller with a compensation such as a credit note – must be fully settled between the buyer and seller incl. The Novitio Service fee. Once a transaction has been agreed within the platform, the platform has provided the service to the buyer and seller and the service commission is rightfully sanctioned and invoiced to the applicable Novitio Service commission recipient - Broker(Buyer in an Listing transaction and Seller in a Request/Marketplace transaction).

4.10 The Novitio invoice are dated from the date of the confirmed transaction. The Novitio Service commission consist of facilitating a transaction between a buyer and a seller. The Novitio invoice are not effected by any delay of delivery nor new delivery agreement between the buyer and seller.

5. Confidentiality

5.1 The Company believes that trust and confidentiality are crucial to good cooperation. All information received from the Users or about the Users will be treated confidentially. The Company uses extra safety precautions to ensure data cannot be breached. All data are placed with external partners in two different locations.

5.2 The company holds no responsibility on transactions leading to exchange of media containing Data. The platform are only responsible for connecting the right users. If the payment term – pre-payment via Novitio are utilized by the seller it is still the sellers responsibility to ensure the assets are datawiped and ready to be resold to a buyer found via the company platform. Any economical compensation or penalties are strictly subject to the seller and buyer, not the company(Novitio).

5.3 The company and the platform work as a community. It is not acceptable that users actively encourage to move transactions outside of the platform. Any contact between users with the purpose of moving transactions outside of the platform will be considered an act of disloyalty and can be cause for exclusion from the platform.

6. Disclaimer
6.1 The Company strives to ensure that all information on the Platform is accurate. However, the Company cannot guarantee that all information, at all times, will be accurate or complete.

6.2 The Company can make changes to the Platform at any time. These changes may be regarding the Platform’s functionality, content and/or prices. These are subject to change at any time without notice.

6.3 The Company grants the Users access to the Platform on the condition that the Company, to the maximum extent possible and permitted by law, deviates all types of representations, Warranties, Terms and Conditions regarding Platform and the User’s use thereof.
 
7. The Company’s responsibility
7.1 The company is under no circumstances liable to the Users nor any third party for indirect and or consequential damages, tort (including negligence), breach of statutory requirements, or otherwise, even if foreseeable, arising under or in connection with the use of this Platform. The Company therefore disclaims any liability for any loss of revenue, loss of business opportunity, loss of data, loss of goodwill or any indirect loss, etc.

8. Violation
8.1 The Company is free to ban any Users that violate these Terms and Conditions and Users that:
- Perform offensive acts.
- Abuse of the Platform.
- Copy the platform.
- Copy Listings/requests and post on other platforms or marked places.
- Violate the terms of payment.
- Result in the Company receiving reports and proof of outstanding payments.
- Violate the Danish Law.
- Provide the Company - or Users of the Platform - with incorrect information.
- Repeatedly cancel orders.
- Actively contact other users to move transactions outside the platform.
- Sell counterfeit goods through the Platform.

8.2 The above mentioned, are only examples of acts that result in the Company banning Users. The Company is also free to ban Users that perform other violating acts, such as violation of the Company’s policy.

9. Privacy Policy
9.1 In order for the Users to enter into an agreement with the Company and use the Company’s Platform, the following information is needed:

- The Users name.
- The Users address.
- The Users VAT number.
- The Users buying and selling volume.
- The Users Quantity of packages sent per year.

9.2 The Company also need the following information of the person representing the User:
- The persons full name.
- The persons telephone number.
- The persons email address.

9.3 The processing of the Users information will happen according to the regulations of the Company’s Privacy Policy.

10. Complaints
10.1 The Users are solely responsible for any deficiencies regarding purchase and/or provisions made through the Platform.

10.2 The Danish Purchasing Act does not apply directly when purchasing services which is why the right of complaint does not apply. If the Users are dissatisfied of any product or service purchased through the Platform, the Users are requested to contact the agreement contractor where the parties should seek a solution.

10.3 If the Users want to file a complaint regarding the subscription on the Platform, please contact the Company.

10.4 If the Company and the Users do not find a solution together, the disputes should be superseded by the city court.

11. Applicable law
11.1 Any dispute arising out of your purchase through the Company and on the website or the resulting disputes, including the scope or validity of these terms and conditions, is subject to Danish law and must be brought before Aalborg City Court.