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1. LIMITED/RESTRICTED LICENSE TO ACCESS/USE PLATFORM, ETC.
Subject to (a) the below definitions, (b) the remaining terms of this Platform-Terms Landing Page, (c) the Terms of Use (d) the Platform Privacy Policy and (e) the Prime Agreement, Ramboll grants to you a limited and restricted license to access certain parts of the Platform and to access and use certain of the Platform Functionality/Services as discussed in the Platform Service Description. You may not access or use any part of the Platform or any of the Platform Functionality/Services unless and until you have read and agree to be bound by the terms of this Platform-Terms Landing Page, the Terms of Use and the Prime Agreement, and unless and until you have read and acknowledge the Platform Service Description and Platform Privacy Policy.
2. DEFINITIONS.
For purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy, the below defined terms shall have the meanings set forth below. Additional defined terms and their respective definitions for purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy may be set forth elsewhere herein, in the Terms of Use , in the Platform Privacy Policy and/or in the Prime Agreement.
a. “Affiliate” means a direct or indirect parent company of Ramboll or a direct or indirect wholly or partially owned subsidiary of any such parent company.
b. “Corporate Parent” means Ramboll’s direct parent company, Ramboll Group A/S.
c. “Non-Public Access/Fee Schedule” means the Platform access and fee schedule set forth in the Prime Agreement.
d. “Platform” means the Ramboll RamApp Platform, together with any and all other applications, websites or similar platforms that are linked to the Ramboll RamApp Platform or to this Platform-Terms Landing Page, or that incorporate either by reference.
e. “Platform Data Processing Agreement” means the data processing agreement incorporated into or otherwise made applicable to the Prime Agreement by reference therein.
f. “Platform Functionality/Services” means the Platform’s functionality and the content, data, information, products and/or services available through, or otherwise related to, the Platform.
g. “Platform-Terms Landing Page” means this Ramboll RamApp Platform Disclaimers, Terms of Use and Privacy Landing Page.
h. “Platform Privacy Policy” means the privacy terms, disclosures, etc., located at https://ramboll.com/legal-information/standard-platform-policy, as well as those incorporated therein by reference, as may be modified by this Platform Landing Page.
i. “Platform Service Description” means the Ramboll RamApp and RIMS Service Description located at https://ramapp.ramboll.fi/RambollRamAppPlatformServiceDescription.pdf.
j. “Prime Agreement” means that certain written agreement (including all amendments, annexes, attachments, components, schedules, etc., thereto and/or incorporated therein) to which you (directly or indirectly) and Ramboll and/or a Ramboll Affiliate are parties and which governs the services and/or other transactions ancillary to which you are being given access to the Platform and/or Platform Functionality/Services hereunder.
k. “Ramboll” means Ramboll Finland Oy, a limited company formed, organized and existing under the laws of Finland, with Company Registration No. 0101197-5.
l. “Retention Period” means the personal data retention period(s) applicable to the Platform, as set forth in the Platform Data Processing Agreement, or, if none, six (6) months after your license to use the Platform or any of the Platform Functionality/Services expires.
Ramboll and its Affiliates expressly disclaim any and all duties beyond those, if any, expressly and unequivocally assumed by them, respectively, in this Platform-Terms Landing Page, the Terms of Use, the Platform Privacy Policy or the Prime Agreement.
Any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than Ramboll) also is subject to any and all disclaimers set forth elsewhere herein or in the Terms of Use, Platform Privacy Policy or Prime Agreement.
4. TERMS AND CONDITIONS.
By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you are over eighteen (18) years old, and you acknowledge and agree that, by accessing and/or using any of the foregoing, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, are entering into a legally binding agreement/contract with Ramboll consisting of all terms and conditions set forth in or incorporated into this Platform-Terms Landing Page (including specifically, but without limitation, the Terms of Use), and that you and any such other persons or entities understand and agree to comply with and be legally bound by those terms and conditions. The Platform and the Platform Functionality/Services are intended for business-to-business, professional or educational use only, and not for consumer use (i.e., use unrelated to the user’s business, professional or educational activity). By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you have accessed/used same and will access/use same in the future only for their intended use.
Subject to the terms of this Platform Legal/Privacy Landing Page, the Terms of Use, the Platform Privacy Policy and the Prime Agreement, the Terms of Use grant to you public/free access to/use of (i.e., access/use without the need for log-in credentials and without payment) only very limited parts of the Platform and the Platform Functionality/Services (e.g., access to the log-in page and/or other limited Platform locations or functions). As set forth more fully in the Terms of Use and the Prime Agreement, access to/use of other parts of the Platform and the Platform Functionality/Services is/are subject to the non-public access and/or payment terms stated in the Terms of Use and Prime Agreement (including specifically, but without limitation, the Non-Public Access/Fee Schedule set forth therein).
For purposes of the Platform and Platform Functionality/Services, the referenced Terms of Use are modified as follows:
A. All text of paragraph 8 (following the heading “Non-Public Access/Payment Terms”) is stricken in its entirety and replaced with the following:
As set forth above and otherwise subject to the entirety of these Terms of Use, these Terms of Use grant to you public/free access to/use of only very limited parts of the Platform and/or the Platform Functionality/Services, i.e., the Public/Free Platform Content and Functionality. Any and all other access to/use of the Platform or Platform Functionality/Services by you is non-public and/or fee-based in accordance with the Non-Public Access/Fee Schedule (as that term is defined in the Platform-Terms Landing Page) and this section 8 (which, together with the Non-Public Access/Fee Schedule, is referred to in these Terms of Use as the “Non-Public Access/Payment Terms”) – and also subject to the entirety of these Terms of Use (including, without limitation, the below provisions regarding taxes – at section 15). Upon your purchase of access to/use of non-public/fee-based parts of the Platform and Platform Functionality/Services in accordance with the Non-Public Access/Payment Terms, and, again, also subject to the entirety of these Terms of Use, you may access/use (only) those parts of the Platform and/or Platform Functionality/Services that you so purchased (i.e., Non-Public/Purchased Platform Content and Functionality) and the Public/Free Platform Content and Functionality.
B. All text of paragraph 22 (following the heading “Governing Law, Choice of Forum, Disputes Resolution”) is stricken in its entirety and replaced with the following:
These Terms of Use, any and all other terms and conditions governing your access to or use of the Platform and/or Platform Functionality/Services and your access to and use of the Platform and/or Platform Functionality/Services in general shall be construed under/governed by the laws of the jurisdiction identified in the Prime Agreement as the jurisdiction under the laws of which the Prime Agreement shall be construed and by which it shall be governed, without regard to the conflict of laws rules of that jurisdiction or any other jurisdiction – or, if none, the laws of Finland. Any dispute or controversy relating to these Terms of Use, any and all other terms and conditions governing your access to or use of the Platform and/or Platform Functionality/Services or your access to and use of the Platform and/or Platform Functionality/Services in general that cannot be resolved amicably shall be resolved in the forum (and under the rules thereof) identified in the Prime Agreement as the forum in which disputes or controversies relating to the Prime Agreement shall be resolved – or, if none, the District Court of Helsinki as the court of first instance (under the rules thereof).
In furtherance of the foregoing, for the avoidance of doubt, for purposes of resolving any dispute or controversy relating to these Terms of Use, any and all other terms and conditions governing your access to or use of the Platform and/or Platform Functionality/Services or your access to and use of the Platform and/or Platform Functionality/Services in general, you hereby consent to the personal jurisdiction of the forum identified in the Prime Agreement as the forum in which disputes or controversies relating to the Prime Agreement shall be resolved – or, if none, the District Court of Helsinki as the court of first instance.
In addition, the Platform Data Processing Agreement is hereby incorporated into the Terms of Use.
5. PRIVACY.
IN ADDITION, by accessing and/or using any part of the Platform or Platform Functionality/Services, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, acknowledge that you have read and understand the Platform Privacy Policy, including, any and all policies, statements, terms, disclosures, etc., that may be incorporated therein by reference, whether related to privacy or otherwise, such as, for example, any general privacy policies, statements, terms, disclosures, etc., of Ramboll and its Affiliates, including its Corporate Parent (like those set forth at https://ramboll.com/legal-information), and any jurisdiction-specific privacy policies, statements, terms, disclosures, etc., (like those made pursuant to or otherwise related to the European Union General Data Protection Regulation or the California Consumer Privacy Act), whether generally applicable, applicable only to citizens/residents of the subject jurisdiction or otherwise.
Please note, however, that:
A. where general privacy policies, statements, terms, disclosures, etc., that are incorporated by reference into the Platform Privacy Policy conflict with information set forth elsewhere that is specific to the Platform, such as, for example, within the text of the Platform Privacy Policy page itself, the latter shall govern;
B. where jurisdiction-specific privacy policies, statements, terms, disclosures, etc., that are set forth within or incorporated by reference into the Platform Privacy Policy conflict with other information set forth within or incorporated into the Platform Privacy Policy, then, as to citizens/residents of a given jurisdiction, and those whose relevant rights otherwise are governed by the privacy laws of the subject jurisdiction, the subject jurisdiction-specific privacy policies, statements, terms, disclosures, etc., shall govern; and
C. information set forth within or incorporated by reference into the Platform Privacy Policy may not apply to other applications, websites and platforms of Ramboll and its Affiliates.
In addition, please note that, to the extent the Platform or Platform Functionality/Services link to third-party applications, websites or other platforms, Ramboll and its Affiliates are not responsible for the content, privacy practices, etc., of such third-party applications, websites or other platforms. Ramboll encourages users to be aware when they leave the Platform or Platform Functionality/Services and to read the terms of use, privacy statements, etc., of any other application, website or other platform that collects information.