Terms of Use
Please read these Terms of Use (“Terms”) carefully before using (“the Website”) operated by us
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website.
1 .Acceptance of Terms
1.1 By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines or policies incorporated by reference.
1.2 If you are using the Website on behalf of an organization or entity, you represent and warrant that you have the necessary authority to bind such organization or entity to these Terms.
Website Content
2.1 We reserve the right to modify, update, or remove any content on the Website at any time without prior notice.
2.2 We do not guarantee the accuracy, completeness, or reliability of any content on the Website. Any reliance on the content is at your own risk.
3.User Conduct
3.1 By using the Website, you agree not to:
(a) Violate any applicable laws, regulations, or third-party rights.
(b) Engage in any activity that may disrupt or interfere with the proper functioning of the Website or its services.
(c) Attempt to gain unauthorized access to any part of the Website or its systems.
(d) Upload or transmit any harmful or malicious content, including viruses, malware, or any other code that could damage or interfere with the Website or its users.
4.Intellectual Property
4.1 The Website and its original content, features, and functionality are owned by WHITEPEARL HOLDINGS LIMITED and are protected by intellectual property laws.
4.2 You may not modify, reproduce, distribute, or create derivative works based upon any part of the Website without our prior written consent.
4.3 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws ,foreign jurisdictions, and international conventions.
4.4. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5. Responsibility for content and use of the services
- You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
- Except as permitted by WHITE PEARL TECHNOLOGY GROUP AB in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data;and
- Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
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Personal information
In accordance with the Governing Law and the Applicable Law you agree that we may use and maintain your data as part of the Services. This means that WHITE PEARL TECHNOLOGY GROUP AB may use your data to improve the Services or to design promotions and to develop new products or services. WHITE PEARL TECHNOLOGY GROUP AB is a global company and may access or store personal information in multiple countries, including countries outside of Sweden to the extent permitted by Applicable Law.
7.Third-Party Links
7.1 The Website may contain links to third-party websites or resources. These links are provided for your convenience and do not imply endorsement or responsibility for the content or activities of these third-party sites.
7.2 We are not responsible for the availability or accuracy of any content, advertising, products, or other materials on third-party sites.
Limitation of Liability
8.1 To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use or inability to use the Website.
8.2 We disclaim any warranties or representations, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.Indemnification
9.1 You agree to indemnify and hold harmless WHITEPEARL HOLDINGS LIMITED and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your use of the Website, violation of these Terms, or any violation of applicable laws or regulations.
Governing Law
This Agreement will be governed by the laws of the Kingdom of Sweden, without regard to its conflicts of law principles (“Governing Law”) as applied with the Applicable Law. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of WHITE PEARL TECHNOLOGY GROUP AB or its Suppliers’ intellectual property rights may cause WHITE PEARL TECHNOLOGY GROUP AB irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that WHITE PEARL TECHNOLOGY GROUP AB shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to WHITE PEARL TECHNOLOGY GROUP AB rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of the Kingdom of Sweden and you agree that you will procure that any third party making a claim against WHITE PEARL TECHNOLOGY GROUP AB arising out of this Agreement shall bring such claim exclusively in the SWEDISH courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
11.Applicable Law
means the common law and statutory law applicable In the Kingdom of Sweden, including any present or future constitution, decree, judgment, legislation, measure, requirement, order, ordinance, regulation, statute, treaty, directive, rule, guideline, practice, concession or request issued by any relevant authority, government body, agency or department or regulatory, self-regulatory or other authority or agency, which is applicable to this Agreement,
12. Data Protection and Privacy Clause”
Purpose and Scope This Data Protection and Privacy Clause (“Clause”) sets forth the obligations and responsibilities of the parties regarding the processing of personal data under the General Data Protection Regulation (GDPR), as applicable in Sweden.
Definitions a. ‘Data Controller’ refers to the party determining the purposes and means of the processing of personal data. b. ‘Data Processor’ refers to the party processing personal data on behalf of the Data Controller. c. ‘Personal Data’ refers to any information relating to an identified or identifiable natural person.
Data Processing Obligations a. The Data Controller shall ensure that any processing of personal data complies with the GDPR, as implemented under Swedish law. b. The Data Processor shall process personal data only as instructed by the Data Controller and shall not transfer or disclose personal data to third parties without prior written consent from the Data Controller, except as required by Swedish law or EU regulations.
Lawful Basis for Processing a. The Data Controller shall ensure that there is a lawful basis for the processing of personal data, such as the necessity for the performance of a contract, compliance with a legal obligation, or obtaining explicit consent. b. The Data Processor shall only process personal data on behalf of the Data Controller and in accordance with documented instructions, unless required by Swedish law or EU regulations.
Data Subject Rights a. The Data Controller shall provide data subjects with information regarding the processing of their personal data, including their rights under the GDPR. b. The Data Processor shall assist the Data Controller in fulfilling its obligations towards data subjects, including responding to data subject requests, as required by Swedish law or EU regulations.
Security Measures a. The Data Controller and Data Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk involved in the processing of personal data, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing. b. The Data Processor shall notify the Data Controller without undue delay in the event of a personal data breach.
Data Transfers a. The Data Controller and Data Processor shall ensure that any transfer of personal data to a third country or an international organization is in compliance with the GDPR and Swedish laws, including appropriate safeguards and data subject rights.
Data Protection Impact Assessment (DPIA) a. Where required by the GDPR, the Data Controller shall conduct a DPIA and consult with the relevant data protection authority before initiating processing activities that are likely to result in high risks to the rights and freedoms of data subjects.
Data Breach Notification a. In the event of a personal data breach, the Data Controller shall notify the relevant data protection authority and affected data subjects without undue delay, as required by the GDPR and Swedish laws.
Term and Termination a. This Clause shall remain in effect for the duration of the processing activities or as required by Swedish law. b. Upon termination or expiration of this Clause, the Data Processor shall return or delete all personal data processed on behalf of the Data Controller, unless otherwise required by Swedish law.