Terms and Conditions

Applicable from and including 2023-12-06 until further notice.

Welcome to our website. By accessing or using this website, you agree to be bound by the following terms and conditions ("Terms of Use"):

1. General

1.1. These general terms and conditions (as amended and updated from time to time, these “Terms and Conditions”) are applicable when Nova Circle AB, reg. no 559396-6608, or another entity within the same group as Nova Circle AB (“Nova”), provides Services (as defined below) to you (the “User” or “you”). Section 13 includes special provisions governing the use of Nova services abroad.

1.2. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, AND/OR BY REGISTRERING WITH THE PLATFORM, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT YOU ARE SUBSCRIBING FOR EMAILS FROM US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, INCLUDING ANY MODIFICATIONS TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

1.3. The Services are directed to natural persons who are at least 16 years of age, provided that such persons have been registered in accordance with Nova’s rules and onboarding process as applicable from time to time. These Terms and Conditions constitutes a binding agreement between Nova and a User (the ” Agreement “). When using the Services, the User undertakes to comply with these Terms and Conditions together with any specific terms as well as other rules and instructions as Nova is publishing from time to time. Furthermore, a User is obliged to observe applicable laws, rules and order of competent authority when using the Services.

1.4. These Terms and Conditions refer to the privacy policy which also apply to your use of the Services (the ” Privacy Policy “). The Privacy Policy sets out the terms on which Nova processes any personal data that Nova collects from you, or that you provide to Nova. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate. In the event of any conflict between what is set out in these Terms and Conditions and what is set out in the Privacy Policy, the Privacy Policy shall take precedent. For the avoidance of doubt, the Privacy Policy is applicable to all activity and use of the Platform and the Services.

1.5. If the User has authorised, permitted or otherwise made the User’s Nova account available for someone else to use, the User bears full responsibility under the Agreement for such use (including, for the avoidance of doubt, the obligation to pay any accrued fees).

2. Definitions

2.1. In these Terms and Conditions, capitalized terms shall have the meanings set out below unless otherwise stated.
”Agreement”has the meaning set out in section 1.3 herein.
”App”means Nova Mobile phone application.
”Content”has the meaning set out in section 6.5 herein.
“Indemnified Matters”has the meaning set out in section 14.4 herein.
”Login Credentials”has the meaning set out in section 3.2.5 herein.
”Mobile phone”means Nova Mobile phone application.
”My Pages”has the meaning set out in section 3.2.5 herein.
”Nova”has the meaning set out in section 1.1 herein.
”Partner”means any partner, which Nova co-operates with or otherwise maintains a contractual relationship.
”Party” and “Partiesmeans Nova and/or the User.
”Platform”means the App and the Website.
”Privacy Policy”has the meaning set out in section 1.4 herein.
”Content moderation system”has the meaning set out in section 3.4.1 herein.
”Service/-s”shall have the meaning set forth in section 3.1.1.
”Terms and Conditions”has the meaning set out in section 1.1 herein.
”TPPPS”has the meaning set out in section 3.4.1 herein.
”User”has the meaning set out in section 1.1 herein.
”Website”means Nova’s website novacircle.com.
”Nova”has the meaning set out in section 1.1 herein.

3. The Platform and the Services

3.1 General
3.1.1. Nova provides an electronic system through the Platform for identifying, creating, sharing and purchasing recommendations relating to experiences and to access additional related services that may be made available, such as reservations, bookings and other functions and services provided by Nova from time to time (the “Services”).

3.1.2. The Services offered by Nova may be dependent upon, or provided in combination with, services offered by Partners or other third parties. Such Partners or third parties may have their own applicable rules, regulations and/or terms of service. The User is required to comply with such rules, regulations and/or terms of service, as the case may be, in connection with its use of the Services. Nova is not responsible nor liable for the services offered by Partners or other third parties, or for providing such applicable rules, regulations and/or terms of service. Please contact the Partner or the third party to receive information in this regard.

3.1.3. Some Services may be offered simultaneously and separate costs and fees for each Service may be applicable and charged. For a more detailed description of the Services, reference is made to the information provided on the Website from time to time.

3.2 Access to the Services, registration data, etc.
3.2.1. A pre-condition for the User to gain full access to the Services is that the User registers as a user with Nova. Nova reserves the right to reject a registration.

3.2.2. The Nova account provides an overview of, inter alia, the transaction history and purchased active. Nova provides information regarding purchases and recommendations made on the User’s My Pages, and such information is generally stored for at least twelve months.

3.2.3. Registration can be made via the App or in such other ways as accepted by Nova from time to time. In connection with the registration, the User shall provide requested information, such as further specified personal data, valid Mobile phone number and email address.

3.2.4. When the registration has been completed, the User is granted a non-exclusive and non-transferable right, for the term of the Agreement, which is not sub-licensable, to use the App and the Services, subject to the Agreement. The right to use the App and the Services remains during the term of the Agreement and for as long as the User has an active user account and discharges its duties under the Agreement (including these Terms and Conditions).

3.2.5. When a registration has been completed, the User chooses a unique password to be used together with the User’s email address, and receives a verification code to log on to the App (together, the ” Login Credentials”). The Login Credentials also enable the User to log on to the User’s personal page on the App (“My Pages”).

3.2.6. Certain Services offered through the App require that the User has enabled the function “allow location access” and/or “allow notifications” on its Mobile phone, vehicle or other technical solutions approved by Nova from time to time.

3.3 The User’s undertakings and responsibility
3.3.1. The User is responsible for procuring that accurate information regarding the User is registered with Nova at any time. Following registration, the User shall check the settings in the App to verify that the registered information is accurate. Nova is not liable for erroneous registered information, regardless of registration method, unless otherwise provided in section 7.

3.3.2. The User is responsible for ensuring that the selected payment method, as applicable, is valid, not blocked and that the associated account, if any, has sufficient balance/spending limit.

3.3.3. The User is responsible for procuring that the Login Credentials are kept and used in a safe manner, and not disclosed or otherwise made available to any unauthorised person.

3.3.4. The User shall without delay inform Nova, as instructed from time to time on the Website (e.g., through update in the App or on My Pages, or by notifying Nova’s customer service), if:

  • the User has any reason to believe that an unauthorised person has gained access to or knowledge of the Login Credentials;
  • any registered information regarding the User has been changed or should be updated, for example when the User is no longer using the Mobile phone number registered with Nova; or
  • a Mobile phone, on which the User has installed the App, is lost or stolen,
    in order for Nova to take appropriate measures, such as blocking the Login Credentials and/or the User’s user account or update the User’s registered information.

3.3.5. The User shall also keep Nova notified of any other circumstances of importance to the Agreement and/or the provision of the Services.

3.3.6. In addition to what is set out in the Agreement, the User shall comply with any instructions given by Nova from time to time in relation to the Services.

3.3.7. The Nova is responsible for procuring that the (a) telephone, (b) Mobile phone, or (c) other technical equipment used by the User in relation to the Services functions properly and is compatible at all times with (i) the Platform, and (ii) the Services. The User is also responsible for procuring that the App is duly updated. The performance requirements applicable from time to time in relation to the Platform and the Services are available on the Website.

3.3.8. You understand and agree that you are solely responsible for compliance with any and all applicable statutes, regulations and industry standards in regard to the usage of the Platform, the Services and in connection therewith. In connection with your use of the Platform or the Services, you may not, and you agree that you will not:

  1. violate applicable statutes, regulations and industry standards, any government authority edict or court order, including, without limitation, real estate zoning restrictions and tax regulations;
  2. use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Platform or the Services;
  3. use the Platform or the Services for any commercial or other purposes that are not expressly permitted by these Terms and Conditions;
  4. copy, store or otherwise access any information contained in the Platform or the Services in ways or for purposes not expressly permitted by these Terms and Conditions (such as attempting to copy or replicate the Platform);
  5. attempt to interfere with or damage the Platform or the Services, through the use of viruses or other software or similar methods or technology;
  6. use the Platform or the Services in connection with the distribution of unsolicited commercial email (so called “spam”);
  7. use the Platform or the Services to transmit, distribute, post or submit any information concerning any other person or entity accessible through the Platform or the Services, except in such a way as is expressly permitted under these Terms and Conditions and under the Privacy Policy;
  8. recruit or otherwise solicit any User to join third-party services or websites that are competitive to Nova;
  9. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  10. not use hateful, obscene, offensive, racist, sexual, or violent language or words or content when using the Platform and the Services;
  11. not abuse the Platform or the Services; or
  12. advocate, encourage, or assist any third party in doing any of the foregoing.

3.3.9. Nova has the right to take such action as Nova deems necessary or desirable to conduct an inquiry into, or prevent, a breach of any of the above or of these Terms and Conditions, including but not limited to, suspension or cancellation of a User (including causing thereby the immediate cessation of any such User’s ongoing transactions under the Platform and the Services).

3.3.10. Nova has the right to undertake such precautionary measures as it deems fit to ensure Nova’s compliance with these Terms and Conditions and general good conduct therein, including without limitation, (i) monitoring and moderating a User’s activities on the Platform and the Services, and (ii) providing functionality for Users to flag activity as inappropriate or in breach with these Terms and Conditions. This provision shall not limit Nova from undertaking any such action or making any such claims as it deems necessary and appropriate. Nova retains the right to claim for damages caused to Nova by way of a User’s breach of these Terms and Conditions or any other action undertaken by User to cause harm to Nova, other Users or the Platform and the Services as such.

3.4 Content Moderation
3.4.1. Nova utilizes a recognition tool integrated into the Platform (“Content Moderation system”) to monitor and moderate content shared by users on the Platform. The moderation system employs advanced algorithms and technologies to identify and mitigate inappropriate, abusive, harmful, or prohibited content.

3.4.2. Inappropriate content includes, but is not limited to, content that is sexually explicit, violent, harassing,

discriminatory, defamatory, misleading, or otherwise violative of our content guidelines and policies

3.4.3. The system operates based on predefined criteria and patterns, which are regularly updated and refined by Nova to enhance accuracy and effectiveness.

3.4.4. In cases where the system identifies content that is in violation of Nova’s content guidelines, Nova reserves the right to take immediate action, including removing the content from your account, suspending or terminating your access to the Platform, as deemed appropriate.

3.4.5. Nova shall not be liable for any loss or damages arising from the suspension or termination of your access to the Platform due to Content Moderation system related actions.

3.4.6. Nova is committed to protecting your privacy. Data collected and processed by the system for content moderation purposes will be handled in accordance with the Privacy Policy.

3.4.7. Nova may modify or update the functionality and features of the Content Moderation system without notice. You agree that Nova is not obligated to notify you of such changes, and your continued use of the Platform constitutes acceptance of these modifications.

3.4.8. You agree not to share, post, upload, or transmit any content that violates Nova’s content guidelines and policies. This includes refraining from sharing content that may trigger the system’s moderation process.

3.4.9. You acknowledge that the Content Moderation system’s determinations are based on automated processes and may occasionally lead to both false positives and false negatives. You agree that Nova is not responsible for any such inaccuracies and that you will not hold it liable for actions taken as a result of the Recognition Tool’s findings.

3.4.10. If your content is flagged for moderation by the Content Moderation system, you have the right to request a manual review by contacting our support team. However, Nova retains the discretion to determine the final outcome of the review.

3.5 Third Party Payment Processing Services
3.5.1. A User can or will in the future through the Platform use third party payment processing services provided by third parties as described below (”TPPPS”). When choosing to employ such service you accept that you are entering into an agreement with a third party and will be subject to the applicable terms and conditions of such agreement. These Terms and Conditions do not apply to TPPPS and no recourse may be found hereunder in relation to any claim or dispute under such agreement. NOTE THAT YOUR RELATIONSHIP WITH THE TPPPS PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH TPPPS PROVIDERS.

3.5.2. Nova makes no effort to review any TPPPS or the terms and conditions thereof for any purpose, including but not limited to, accuracy or legality and Nova is not responsible for any TPPPS providers’ conduct.

4. Prices and fees

4.1. The size and calculation of any fee payable to Nova depends on the acquisitions made by the User from time to time. Information on the User’s purchases is available on My Pages. Prices and fees relevant for the Services and other additional functions are set forth in the Platform from time to time. All prices and fees include VAT.

4.2. The Services or any new or additional services may in the future be subject to separate fees.

4.3. Any prices or fees payable to Nova are agreed on a transaction by transaction basis at the point in time where the User requests a Service and accordingly such prices and fees may change at any time without notice.

5. Payment terms, etc.

5.1. Payment is made by a payment method approved by Nova from time to time (e.g., TPPPS). The User selects and approves of the payment method in connection with its purchase in the Platform. For information regarding additional payment terms applicable to each respective payment method, reference is made to the relevant payment service provider.

5.2. Prices and fees are charged in accordance with the payment method selected by the User in connection with a purchase in the Platform. The User hereby approves such charging.

5.3. If payment is not made on time, Nova is entitled to charge a penalty interest fee in accordance with Section 6 of the Swedish Interest Act (SFS 1975:635) (Sw. räntelagen), from the due date until the time payment has been made in full. Nova is entitled to compensation for costs associated with collection of due amounts (such as late payment reminders or debt collection demands).

6. The availability of the Platform, intellectual property rights, etc.

6.1. The Platform and the Services are under continuous development and may be updated or changed from time-to-time or, subject to section 9.3, discontinued

6.2. The Platform is generally available 24 hours a day, but the availability may be interrupted due to planned upgrades, modifications and maintenance or due to unexpected system failures. The User acknowledges that software can never be tested in all possible situations and that deviation from agreed functionality and unexpected errors and disruptions may occur. Nova reserves the right to update the Platform with new functions or otherwise modify it in order to, for example, adapt it to new technology, new security standards or new administrative procedures. Furthermore, Nova reserves the right, at its sole discretion, to modify these Terms and Conditions at any time and without prior notice. If Nova modifies these Terms and Conditions, a notice of the modification will be posted via the Platform or provide you with notice of the modification through email. Nova will also update the “Last Updated Date” at the top of these Terms and Conditions. By continuing to access or use the Platform or the Services after Nova has posted a modification via the Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Platform and the Services.

6.3. Nova reserves the right to, at its sole discretion, immediately, and without prior notice to Users, shut down the Platform and Services from time to time. Nova also reserves the right to immediately interrupt, limit or cancel the use of the Platform or Services in their entirety as well as to a limited extent (without any remuneration being paid to Users or other users of the Services). Nova does not undertake any service provider responsibility and gives no guarantee as to the functioning of the Services.

6.4. All copyright (including the right to computer programs, data bases, source codes, object codes and algorithms) and other intellectual property rights (including trademarks and patent rights) relating to Nova, the Platform and its contents are owned or licensed by Nova or its suppliers and Partners. No such rights are transferred to the User by the virtue of this Agreement. It is not allowed to use, or to grant others a right to use, the Platform or its contents for commercial purposes. The User does not have any right to copy, distribute, sell, publish, transfer, lend, sub-license, modify, or otherwise dispose of or take any action regarding the software included in the Platform. The User does not have any right to engage in reverse engineering, decompilation, disassembling or in any way attempt to access the software’s source code. In addition to the User’s right to information pursuant to section 3.3.2, the User has no right to by itself or through others collect and store data from the App and the Website. Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Platform or the Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

6.5. You acknowledge and agree that all materials contained on, in, or available through the Platform and the Services, including all text, designs, trademarks, logos, audio clips, photographs, images, videos, graphics, data, information, source code, software compilations, and other materials, including the selection and arrangement thereof (“Content”) are protected by copyright, trademark, trade dress, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms and Conditions. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof inherent in or appurtenant to the Content, whether registered or not, are our sole property or the property of our third-party contributors and/or Users. The Content may also be protected as a collective work or compilation under Swedish copyright and other laws and regulations. You agree to abide by all applicable copyright and other laws. Any use of the Services or the Content other than as specifically authorized herein is strictly prohibited.

6.6. The Platform may link to websites or services of third parties. Nova is not responsible for such third-party websites or services, neither as regards to their functionality nor to their suitability.

6.7. The User shall ensure that all information and materials, which are transferred to the Platform are free from damaging elements or source code or malware (such as viruses, worms and Trojan horses). It is the responsibility of the User that information, which the User uploads to My Pages or makes available via the App or the Website, does not infringe any third party’s intellectual property or other rights and is not in conflict with any applicable law or regulation.

7. Nova’s liability

7.1. Nothing in these General Terms and Conditions shall exclude liability of Nova for gross negligence and wilful misconduct, or death and personal injury caused by Nova’s negligence, or any other type of liability which cannot be excluded or limited under applicable law.

7.2. Nova’s aggregate liability shall in no event exceed an amount equivalent to one price base amount in accordance with Chapter 2 Section 7 of the Swedish Social Insurance Code (SFS 2010:110) (Sw. socialförsäkringsbalken), except if Nova has acted wilfully or grossly negligent.

7.3. Nova is not liable for indirect or consequential damages such as, e.g., loss of profits or for any damages in relation to the User’s relationships with any third party.

7.4. Further, Nova is not liable for any damage or loss incurred by the User caused by:

  1. the User’s fault or negligence, including that the User has (i) not correctly started or ended a Service, or (ii) not heeded information provided;
  2. the User not having discharged its duties under the Agreement or otherwise not complied with Nova’s instructions;
  3. error or insufficient functionality (such as the equipment being switched off or having a discharged or dead battery) relating to the User’s (i) telephone, (ii) Mobile phone or (iii) other technical equipment;
  4. failure, disruption or delay in telephone, Internet, or other communication network provided by a party other than Nova, or any telecommunication operator’s actions or omissions affecting the Services’ functionality or its. availability, which, e.g., may result in the User’s phone, Mobile phone or other technical equipment not being able to communicate with the Platform;
  5. the Service having been cancelled by Nova due to reasons that prove to be incorrect, but which Nova had reason to believe were correct at the time of the cancellation, and which justified the cancellation;
  6. the User’s card having been lost or stolen without the User informing Nova thereof, or otherwise been subject to unauthorised use;
  7. a Mobile phone, on which the User has installed the App being lost or stolen and the User not having duly informed Nova about this;
  8. unauthorised use of the Login Credentials and/or the Services, or
  9. Force majeure (see section 11).

7.5. Provided that Nova has not acted with neglect or intent, Nova is not liable for indirect or consequential damages such as, e.g., loss of profits, or for any damages in relation to the User’s relationships with any third party.

8. Complaints

8.1. In case of a defective Service or an erroneous charge, the User shall submit a written complaint to Nova’s customer service without delay, and at the latest within 60 days from when the relevant Service started to be provided, alternatively from when the User became, or should have become, aware of the relevant erroneous charge. The complaint shall clearly specify the nature of the defect or error. The User shall provide reasonable assistance to Nova in connection with any investigation made due to the complaint.

8.2. If and when a complaint is approved, Nova shall without delay credit the User with the relevant amount. If the complaint is rejected, Nova shall notify the User of the outcome of the handling of the complaint and motivate the decision.

8.3. Nova may at any time, whether prior to or after the User has been credited by Nova for any fees or other charges pursuant to section 8.2 or otherwise, require the User to object to any corresponding claim of a Partner or other third party, as the case may be, as part of the Nova’s reasonable assistance and cooperation. In addition, pursuant to Nova’s written request, the User shall procure that Nova is allowed to handle any negotiation or dispute with any third party in relation to a dispute or potential dispute in respect of such fees or charges claimed from or credited by Nova. This includes granting Nova all authorisations and all assistance reasonably required to enable Nova to defend, at its own cost, against such claim or potential claim and to agree to any settlement or otherwise compromise or discharge such claim.

9. Term, early termination, etc.

9.1. The Agreement is valid from registration by the User (see section 1.2) until it is terminated in accordance with the terms of the Agreement, or as otherwise agreed in writing.

9.2. Nova has the right to immediately suspend the User’s access to the Services, cancel the User’s user account and/or terminate the Agreement with immediate effect if

  1. the User is in material breach of any of its undertakings under the Agreement;
  2. the User does not fulfil, or there is a reasonable reason to assume that the User will not fulfil, its payment obligations in relation to Nova, or does not have a valid payment method registered through Nova;
  3. the User, according to Nova’s reasonable assessment, could be expected to become insolvent;
  4. the User uses the Platform or any Service in violation of the Agreement, or in a way which may be detrimental or cause damage to Nova or any third party;
  5. the User has provided incorrect, incomplete or misleading information, or
  6. Nova, based on an overall assessment, considers it likely that the User may be involved in, or linked to, criminal activity.

9.3. Nova may terminate the Agreement or stop providing the Services, as a whole or in parts, subject to two months prior notice.

9.4. Termination of the Agreement by the User shall be made in writing.

9.5. Termination of the Agreement (for whatever reason) shall not affect any rights and/or obligations incurred by a Party prior to the date the Agreement is terminated.

10. Right of withdrawal

10.1. In accordance with the Distance and Off-Premises Contracts Act (SFS 2005:59) (Sw. lag om distansavtal och avtal utanför affärslokaler), the User has a right to withdraw from the Agreement without any reason within 14 days from the day the Agreement was entered into (i.e., from the approved registration, see Section 1.2).

10.2. The right of withdrawal is exercised through the User notifying Nova’s customer service of the User’s decision to withdraw from the Agreement.

10.3. If the User has requested to start using the Services during the withdrawal period, the User is liable to pay an amount that is in proportion to the User’s use of the Services, prior to the point in time when the User notified Nova’s customer service of the User’s decision to withdraw from the Agreement, compared with the total extent of the Agreement.

11. Force Majeure

Nova shall not be responsible or liable for failure or delay in carrying out the terms of this Agreement resulting from any cause or circumstance beyond Nova’s reasonable control, including, but not limited to, fire, flood or other natural disasters, epidemics, acts of war, terrorist actions, labour conflicts, failure, disruption or delay in telephone, Internet or other communication network, restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken by governmental authority.

12. Information and personal data

12.1. The User acknowledges that Nova may share information regarding (the User’s use of) the Services to Partners and other third parties in order to improve the Platform. Furthermore, the User acknowledges that Nova may report any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour and/or suspicions thereof to the police or any other competent authority.

12.2. Personal data is processed and handled in accordance with applicable legislation for the protection of personal data and in accordance with the Privacy Policy.

13. Nova in other countries

Nova may from time to time provide the Services in countries other than Sweden. If the User uses the Services in another country than Sweden, the User agrees that the Terms and Conditions shall apply to such Services, unless Nova informs the User that other terms and conditions shall apply whereby the User agrees to be bound by such terms and conditions. The daily exchange rates published by the Swedish Central Bank are used to convert any fee charged in any country outside Sweden to Swedish kronor.

14. Miscellaneous

14.1. Assignment
Nova has the right to assign, in full or in part, its rights and/or obligations under the Agreement without the User’s consent. Furthermore, Nova has the right to employ sub-contractors to discharge its duties under the Agreement. The User may not assign its rights and/or obligation under the Agreement, without User’s written consent.

14.2. Marketing
Nova is entitled to refer to the User as a user of the Services in sales-related material, press releases and other marketing material.

14.3 Specific disclaimers and clarifications
14.3.1. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable laws, Nova expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

14.3.2. To the maximum extent permitted by law, Nova makes no warranty that (i) the Services will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iii) the quality of any goods, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

14.3.3. The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set forth in these terms might not apply to you, and you might have additional rights.

14.3.4. Our Partners, service providers or other third parties will have no liability of any kind under these Terms and Conditions.

14.4. Indemnity
By using the Services, you agree to defend, indemnify and hold us, our affiliates, Partners, Users, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Platform and the Services, including without limitation any violation of these Terms and Conditions by you (collectively “Indemnified Matters “). We shall control the defence of any Indemnified Matters through counsel of our choice.

14.5. Notices
Any notices or other communications permitted or required hereunder (i) by User or other users shall be made in writing to hello@novacircle.com, (ii) by Nova shall be made by posting via the Platform or by written notice via e-mail to such e-mail as the User has listed in its User information to Nova.

14.6 Information
14.6.1. Nova will not share, sell, convey or otherwise disclose any personal identifiable information other than as stated in these Terms and Conditions and in accordance with what is set out in the Privacy Policy. Nova has the right to make public or make use of such information that Users or other users of the Platform or Services have provided to Nova if Nova reasonably believe that such action is necessary (i) to safeguard Nova’s interest in commercial dealings or legal proceedings, (ii) to comply with statute, court order or government authority edict, (iii) to comply with applicable stock exchange or market place rules, (iv) to execute or administrate Nova’s agreements with Users or other users of the Platform or Services, (v) to safeguard the technological service of the Platform or Services, (vi) to prevent and investigate fraud, (vii) to safeguard the rights of Nova or the rights of others, or (viii) to safeguard and maintain the security of Nova, Users, other users of the Platform and Services or the public.

14.6.2. You acknowledge that Nova is under no obligation to supervise your use of the Platform or the Services, but that Nova has the right to do so if Nova finds it suitable.

15. Applicable law and dispute resolution
15.1. These Terms and Conditions and any non-contractual obligations arising in relation hereto, shall be governed by and construed in accordance with the substantive laws of Sweden, without regard to its conflict of law rules and principles.

15.2. Nova also complies with the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden) decision in the event of a dispute.

15.3. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by the City Court of Stockholm as the first instance.

15.4. This section 15 is for the benefit of Nova only. As a result, Nova shall not be prevented from taking proceedings relating to a dispute in any other courts with jurisdiction. To the extent allowed by law, Nova may take concurrent proceedings in any number of jurisdictions.

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