Conditions for using traffic simulator

Upon acceptance of these Terms, a binding agreement is entered into by and between Way AS, org. no. 915 629 377, Nordre gate 11, 7011 Trondheim ("Contractor") and customer ("Customer") about Customer's use of Contractor's self-service traffic simulator.

The Supplier and customer are collectively referred to as "Parties".                                

2. Background

The supplier has developed traffic simulators for use for the professional and private market in connection with traffic training and practice driving (the "Service" and/or "Traffic Simulator"). Upon entering into this Agreement, the Customer will have access to the Supplier Traffic Simulator in serviced and unattended traffic centers on the terms set forth in the agreement.

3.1 Traffic simulator

The traffic simulator has a number of different applications that will simulate various real traffic situations, including [any filling], and which can be selected by the Customer for the specific use of the Service. At the beginning of Customer's use, the traffic simulator shall be in such a condition that it is suitable for the intended purpose and so that the Customer can effectively carry out the planned traffic training within the booked time.

3.2 Traffic centers

The supplier has developed and operates serviced and/or unattended traffic centers for Customer's use of the Traffic Simulator. The customer will have the opportunity to reserve time in the Traffic Simulator at all the traffic centers The supplier has set up at all times.

3.3 Ordering and cancellation

Customer must reserve time for use of the Service in order to be secured access to it at the desired time. Time reservation must take place on the Supplier's developed mobile application ("App") or directly at serviced centres. Each reserved hour provides access to the Traffic Simulator for 30 minutes. Booked hours can only be used by the Customer and not left to third party(s). Cancellation must take place no later than 12:00 the working day before ordinary hours in the car and simulator and at 12:00 three working days before mandatory hours. An unused but not cancelled hour will be charged to the Customer fully unless the hour is used by other customers.

3.4 Documentation

The Supplier will provide and Customer agrees to receive an electronic receipt in the App for its use of the Service, which will show the time of use and the type of application the Customer has used, and other relevant information that may be required in connection with Customer's run-up to driver's license.

4. Public requirements

The Supplier will provide the Service in accordance with those of applicable laws and regulations, as well as obtain and maintain the permits that may be necessary for the delivery of the Service.

5. Insurance

The supplier will keep general assurances for the provision of the Service.

6.1 Customer's obligations

Customer shall use the Service in a due and proper manner, and shall treat contractor's equipment in a careful manner, including it shall not be acted in a manner that carries the risk of damage to or loss of the Traffic Simulator or contractor's equipment at large.

6.2 Traffic to Contractor's Traffic Centre

The customer will access all contractor traffic centers for the implementation of ordered hours, as specified in sections 3.2 and 3.3. The customer shall not use his access to let in other persons into the traffic centre, unless it applies to persons who are accompanied by the Customer and who in the event shall wait in waiting space for the Customer's implementation of the booked time. None other than the Customer shall be located in or near the Traffic Simulator.

6.3 Training

The customer will receive and shall carry out mandatory instruction for the use of the Traffic Simulator prior to or in connection with the completion of the first hour. The customer shall follow such training and use the Traffic Simulator in accordance with the training.

6.4 Completion of driving modules

When using and staying in the Traffic Simulator, the following applies:

i)

It is only allowed to be one person in the Traffic Simulator at all times.

ii)

It is not allowed to enjoy food or drink in the Traffic Simulator.

iii)

It is not permitted to use a mobile phone during the implementation of driving modules in the Traffic Simulator, or other equipment that means that the Customer does not have its full attention on the implementation of the driving module.

iv)

It is not permitted to use or stay in the Traffic Simulator if the Customer is under the influence of alcohol or other intoxicating or anesthetic.

v)

In addition, the rules of the Road Traffic Act and regulations granted in accordance with the Road Traffic Act shall also be followed by the use of the Traffic Simulator.

7. Complaint

If there are any defects or errors in the Traffic Simulator or the Service in general, the Customer is obliged to notify the Supplier as soon as possible and no later than within 12 hours of the defect or error being detected, as well as specify whether the Customer requires any payment back, or if any other breach of the Contracting Service ("Complaint"). If Complaints do not occur as set out in this provision, customer may not make any applicable indefinite objections.

8. Prices and payment

Those currently pricing for use by the Service are stated in the Provider's website and/or by posting at contractor's traffic centers. Payment for use of the Service is made directly in the Provider's App or by invoice.

9. Force Majeure

Should an extraordinary situation occur, outside contractor's control, which means that contractor cannot provide the Service, customer shall be notified of this as quickly as possible. Customer agrees to receive such notification in the App. The customer will not be charged for ordered hours as long as the force majeure situation exists.

10. Supplier's liability

If Contractor breaches its obligations under the agreement, or other liability to customer, Contractor shall cover Customer's direct financial loss in accordance with the general terms of compensation.

11. Customer's liability

If the Customer in the event of negligence causes damage to or loss of the Traffic Simulator or contractor's equipment in general, Customer shall cover contractor's financial losses in accordance with the general terms of compensation.

12. Change of terms

The Supplier reserves the right to change these Terms.

13. Data Collection

As part of the Service, contractor, for training purposes, will register and monitor, including filming, the Customer inside the Traffic Simulator to analyze customer's performance and reactions in various traffic situations. This data will be used both for personal feedback and adaptation of the driving exercises. Using the Service, Customer agrees that contractor may collect, use and retain data about Customer's use of the Service, as well as share such data with third parties, nevertheless so that the collected data shall be anonymized and does not contain personal data. The Customer will be able to provide a further review of recordings for learning purposes and agrees that contractor may retain admission for the specified purpose. The supplier shall delete such recordings no later than within 7 days of the recordings made.

14. Privacy Policy

Upon entering into this Agreement, Customer agrees that Contractor (i) may collect, use and retain personal data in connection with the implementation of the Agreement, and (ii) transfer personal data to an external data processor in and/or outside the EU/EEA in connection with the storage of the personal data. The supplier's application, transfer and storage of personal data shall comply at any time in accordance with the applicable data protection laws of Norway (and other countries if applicable).

15. Choice of law and venue

This Agreement, and the rights and obligations of the Parties, are governed in full by Norwegian law. In the event of a dispute between the Parties over interpretation or legal effect of the agreement, the dispute must first be sought resolved through negotiations. If a dispute is not resolved in the event of negotiations, each party may claim the dispute settled with a final effect by the ordinary courts. Sør-Trøndelag District Court (Trondheim) is adopted as a venue.