Terms of servicer
Terms of use of services
Way AS , org. no. 915 629 377, Nordre gate 11, 7011 Trondheim (“ The Supplier ” or “ we ” or “ Way ”)
and
you who use our services (" Customer " or " User ")
The Supplier and the Customer are collectively referred to as the " Parties ".
1. Terms of use
These terms of use apply to the Supplier's services, including driving hours in the car, hours in the driving simulator, the website www.way.no and the mobile application ("Services").
By using our Services, you agree that you will use these in accordance with current laws and regulations that apply in Norway and in accordance with these terms (the "Terms of Use").
More about the Driving Simulator:
The supplier has developed a driving simulator for use in the private market in connection with traffic training and practice driving (the "Driving Simulator"). Upon entering into this agreement, the Customer will have access to the Supplier's Driving Simulator at serviced and unattended locations on the terms set out in the agreement. The driving simulator has a number of different programs that are to simulate real traffic situations, and which can be selected by the Customer for the specific use of the service. At the beginning of the Customer's use, the driving simulator shall be in such a condition that it is suitable for the intended purpose and so that the Customer can carry out the planned traffic training in an efficient manner.
2. Locations
The Supplier has developed and operates serviced and / or unattended locations for the Customer's use of the Driving Simulator. The customer will have the opportunity to reserve time in the Driving Simulator at all the locations the Supplier has set up at any time, as well as reserve time for driving lessons by car. All Locations are non-smoking.
3. Booking and cancellation
The customer must reserve time for using the Driving Simulator and for ordering driving lessons in a car to be guaranteed a place at the desired time. Time reservations must be made on the Supplier's developed mobile application ("App"), directly at serviced centers or by other agreement with the Supplier. Each reserved hour gives access to the Driving Simulator for 30 minutes. Each driving hour by car lasts 45 minutes. Booked hours can only be used by the Customer and can not be left to third party (ies). Cancellation must be made no later than 12:00 two working days before ordinary hours in the car and simulator, and at 12:00 four working days before compulsory hours. If canceled after the deadline, the hour must be paid in full. In the event of absence due to illness, a medical certificate must be presented within 14 days in order to obtain a valid absence.
4. Documentation
The Supplier will have the right to deliver, and the Customer agrees to receive an electronic receipt in the App for his use of the Driving Simulator, which will show time use and type of program the Customer has used, as well as other relevant information that may be required in connection with the Customer's driving license. . The same applies to hours driven by car. The Supplier may also provide the Customer with a receipt in other ways determined by the Supplier.
5. Public requirements
The Supplier will deliver the Services in accordance with the laws and regulations in force at any given time, as well as obtain and maintain the permits that may be necessary for the delivery of the Services.
6. Insurance
The Provider will hold general insurances for the delivery of the Services.
7. Customers' obligations
The Customer shall use the Driving Simulator and cars in a careful and responsible manner, and shall treat the Supplier's equipment in a careful manner, including not acting in a manner that entails a risk of damage to or loss of the Driving Simulator or the Supplier's equipment in general. Damage or loss that arises as a result of the Customer's actions or omissions may be subject to compensation in accordance with clause 10 below.
By using the Website and the App, you as a User are obliged to accept the following terms:
(in)
All text and all images and other media available on the website and in the App belong to Way and may be copy-protected by their respective rights holders, and may not be used under any circumstances without written permission unless otherwise expressly stated.
(ii)
It is not permitted to monitor, collect and use information from the Website and the App, in a manner that will give the impression that you and your services are associated with Way and its Services.
(iii)
You may not resell information from Way or otherwise use it for purposes other than those set forth in these Terms of Use without the written consent of Way.
(iv)
It is not permitted to attempt to "hack" or test the security or configuration of the website or App.
(v)
You agree that there may be interruptions in the functionality of the Platform that result in the entire or parts of the Website or App being unavailable at times. You further agree that this may be the result of incidents both within and outside our control, including, but not limited to, updates or technical maintenance.
You also agree that violations of these Terms of Use may result in you being barred from the Website and the App.
8. Traffic to the Supplier's location
The Customer will have access to all of the Supplier's locations for the completion of booked hours, as specified in points 2. and 3. The Customer shall not use its access to let other people into the location, unless it concerns persons who are with the Customer and which in this case must wait in the waiting area for the Customer's completion of the ordered time. No one other than the Customer shall be in or near the Driving Simulator.
9. Training
The customer will receive and must complete mandatory instruction for the use of the Driving Simulator prior to or in connection with the completion of the first hour. The customer must carefully follow such training and only use the Driving Simulator in accordance with the training.
10. Implementation of driving modules
When using and staying in the Driving Simulator, the following applies:
(in)
Only one person is allowed in the Driving Simulator at any one time. (unless otherwise agreed).
(ii)
It is not allowed to enjoy food or drink in the Driving Simulator.
(iii)
It is not permitted to use a mobile phone during the implementation of driving modules in the Driving Simulator, or other equipment which means that the Customer does not have his full attention to the implementation of the driving module.
(iv)
It is not permitted to use or stay in the Driving Simulator if the Customer is under the influence of alcohol or other intoxicants or narcotics.
(v)
In other respects, the rules in the Road Traffic Act and regulations issued pursuant to the Road Traffic Act shall also be followed when using the Driving Simulator.
If the above-mentioned guidelines are not complied with, the Customer risks that the driving time will not be approved and registered. In the event of damage or loss to the Driving Simulator as a result of non-compliance with the guidelines, the Customer will also risk being liable for damages in accordance with section 16 below.
11. Technical maintenance
The provider will at all times do everything it can to ensure that you have stable access to the website and App. However, the Supplier can not provide any kind of guarantee that certain types of maintenance for shorter or longer periods of temporary duration, may result in termination or interruption in, or limited access to the website and App., The Supplier will do its best to limit the consequences of such planned maintenance.
If you experience problems with the use of the website and App, we ask that you send us a notice at post@way.com.
12. Complaint
If there are any defects or errors in the Driving Simulator or the Services in general, the Customer is obliged to notify the Supplier as soon as possible and no later than 12 hours after the defect or error was discovered, and state whether the Customer demands any payment back, or whether any other default rights are exercised against the Supplier ("Complaint"). If the Complaint does not take place as stated in this provision, the Customer may not make valid objections to defects.
13. Prices and payment
The prices and payment terms applicable at any given time for the use of the Driving Simulator and driving hours in a car appear from the Supplier's website, App and / or by posting on the Supplier's locations. Payment for such use is made directly in the Supplier's App or by invoice. If the Customer does not pay in accordance with the Supplier's payment terms, the Supplier has the right to refuse the Customer to use the Driving Simulator and driving hours by car until such payment is made, unless otherwise agreed between the parties.
In the event of late payment, interest on arrears will accrue in accordance with the Late Payment Interest Act.
14. Force Majeure
Should an extraordinary situation occur, outside the Supplier's control, which means that the Supplier cannot deliver the Services, the Customer shall be notified of this as soon as possible. The customer accepts that such notification can be made via the App. As long as the force majeure situation exists, the Supplier will not be obliged to deliver the Services, and the Customer will correspondingly not be charged for booked hours. The supplier can not be held liable for damages according to point 15 below, for a possible loss to the Customer as a result of the Supplier being prevented from delivering the Services in the event of force majeure.
15. 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.
You who use the website and the App accept that the access is offered free of charge. The Provider is thus not liable to you or others, for loss or damage of any kind, which may occur as a result of unauthorized use of the Website and the App or due to the fact that access to the Website and the App may at times be somewhat limited (f eg in connection with updates, technical maintenance or technical errors beyond our control).
16. Customer's liability
If the Customer in the event of negligence causes damage to or loss of the Driving Simulator or the Supplier's equipment in general, the Customer shall cover the Supplier's financial loss in accordance with the general terms and conditions for compensation.
17. Intellectual property rights
All content on the Supplier's website and App, including the Way mark, is the Supplier's property and protected by e.g. copyright, marketing and trademark laws. This means that trademarks, company names, product names, texts, data code, images / graphics, design and layout, as well as other content on the website and App, in any case can not be copied or used in any other way without this being explicitly allowed by mandatory law or after express prior written consent from the Supplier.
18. Change of Terms of Use
The Supplier reserves the right to change these Terms of Use. In that case, the supplier will notify you of planned changes in good time before the changes take effect, either on its website and / or in the App.
In the event of changes that are to the significant detriment of the Customer compared to the current Terms of Use, the Customer has the right to terminate the agreement after the changes have entered into force.
19. Privacy
The Provider processes personal information about you in order to provide you with the Services. In order to develop the Services and provide you with the most relevant training possible, we will also be able to collect information about how you use the Services. This includes, among other things, sending out market surveys. You can read more about what personal information we collect and how we process it in our privacy statement which is available in the App and on our website [ Cookies ]. You are also encouraged to read how we use cookies [ Privacy Statement ].
The supplier's processing of personal data will at all times be in accordance with the applicable privacy legislation in Norway.
More about collecting data from the Driving Simulator:
As part of the Driving Simulator, the Supplier will, for training purposes, register and monitor, including filming, the Customer inside the Driving Simulator to analyze the Customer's behavior and reactions in various traffic situations. This data will be used both for personal feedback and adaptation of the driving exercises.
20. Right of withdrawal
When purchasing hours in the Driving Simulator or car in the App or through other digital channels, the Customer has an ordinary right of withdrawal in accordance with the Right of Withdrawal Act. This means that the Customer can withdraw from the agreement within 14 days of ordering.
If the Customer has explicitly requested and gained access to the Driving Simulator or driving lessons in the car before the deadline expires, no right of withdrawal applies as the services have been provided (see Right of Withdrawal Act § 22, c). By using the Driving Simulator before the expiry of the cancellation period, the Customer is deemed to have expressly requested access to it.
If the Customer wishes to exercise the right of withdrawal, we ask you to contact the Supplier using the following form, which is sent to post@way.no: Form
21. Choice of law and venue
These Terms of Use, including the rights and obligations arising therefrom, are governed in their entirety by Norwegian law. If a dispute arises between the Parties regarding the interpretation or legal effect of the Terms of Use, the dispute shall first be resolved through negotiations. If the dispute is not resolved by negotiation, either Party may demand that the dispute be settled with final effect before the ordinary courts. Sør-Trøndelag District Court (Trondheim) is adopted as venue.