GENERAL TERMS AND CONDITIONS FOR BASTAs LOGBOOK SERVICE
These General Terms and Conditions regarding BASTA's Logbook Service ("General Terms and Conditions") must be accepted when a new workspace is created in BASTAonline's web service. In the workspace, you can create logbooks/projects for recording construction products. By accepting the terms and conditions, you will be bound by these General Terms and Conditions regarding BASTA's logbook service.
1. INTRODUCTION
1.1. IVL Svenska Miljöinstitutet AB and Byggföretagen mutually owns BASTAonline AB who’s main business is the operation of the BASTA-system.
The BASTA-system contains a public accessible database where suppliers and manufacturers of building- and construction products register articles that meet the BASTA-systems criteria.
Register products meets one of the following grades: BASTA, BETA, DECLARED, BETA to BEST, decal to BASTA or registered in the product group ELECTRONICS. Which grade a product gets is based on the criteria that are met within the criteria area "Health and Environmental Hazard".
It is also possible to provide information on criteria fulfilment within the voluntary criteria areas Circularity, Renewability, Environmental effects and Emissions and tests.
1.2. BASTAonline also provides a logbook service where companies and other users can register the building and construction products used in construction or facilities in a digital logbook.
1.3. As an option, there is the possibility for Users to access certain documentation from:
· FINFO – an article database with basic trade item information provided by Logiq Sweden AB
· eBVD - an industry standard and construction industry format of Building Product Declaration provided by eBVD i Norden AB
· CCBuild – The construction industry's common arena for circular construction and management
2. LEASING, START-UP
2.1. By creating a workspace, you agree to be bound by these Terms and Conditions, which means that you as a user have the right to use the BASTA-system for documentation of building and construction products in BASTA's Logbook service. You also have the right to make searches in BASTA's database and gain access to documentation entered in the database.
2.2. In order to be able to start registering products in the Logbook service, the following is required:
- Users must register the requested information about the user on BASTAonlines website in order to register as a user and create a user account.
- Create a new workspace or be invited to an existing workspace.
After BASTAonlines approval of the user and the creation of a workspace and logbook, an invoice for the annual fee for the logbook will be sent to the user within two weeks. The right to use BASTA's Logbook service requires payment of an annual fee in accordance with chapter 9.
2.3. The login details are only valid for registered users and are personal to them.
2.4. BASTAonline provides guidance on its website for information on how the service can be used.
3. FINFO-DATABASE
3.1. In addition to access to BASTA's Logbook service and BASTA's database, it is also possible to obtain access to [the Finfo database and documents in Länktorget] for a special fee [per year].
Access to [the Finfo-database and documents in Länktorget] takes place in accordance with the terms and conditions applicable from time to time as stated on BASTAonlines website. However, the operation of this service is carried out by Logiq Sweden AB, which is why the user is aware that BASTAonline cannot be held responsible for any error or interruption in access to [the Finfo database and documents in Länktorget], or in any other way be held responsible for any damage or loss due to the user's use of or access to [the Finfo database and documents in Länktorget].
This option is automatically activated when the logbook is created.
4. eBVD-Database
4.1. In addition to access to BASTA's Logbook service and BASTA's database, it is also possible to obtain access to eBVD. Access to eBVD takes place in accordance with the terms and conditions applicable from time to time as stated on BASTAonlines website. However, the operation of this service is carried out by eBVD i Norden AB, which is why the user is aware that BASTAonline cannot be held responsible for any error or interruption in access to eBVD, or in any other way be held responsible for any damage or loss due to the user's use of or access to eBVD.
This option is automatically activated when the logbook is created.
5. CCBuild
5.1. In addition to access to BASTA's Logbook service and BASTA's database, it is also possible to obtain access to CCBuild. Access to CCBuild takes place in accordance with the terms and conditions applicable from time to time as stated on BASTAonline's website. However, the operation of this service is carried out by IVL Sustainable Building AB, which is why the user is aware that BASTAonline cannot be held responsible for any error or interruption in access to CCBuild, or in any other way be held responsible for any damage or loss due to the user's use of or access to CCBuild.
This option is automatically activated when the logbook is created.
6. USE OF BASTA'S LOGBOOK SERVICE
6.1. The user acquires the right to use BASTA's Logbook service and information from it in the performance of their business.
6.2. The User may:
1) electronically and in other ways store data and entire reports from BASTA's Logbook service for your own use
2) invite members of projects as specified in the service
3) forward and further process data and entire reports from BASTA's Logbook service for their own use
4) Transfer the project according to the terms and conditions specified in the service
6.3. The user must not:
Transfer, rent or lend machine-readable media with material obtained from BASTA's Logbook Service without BASTAonlines prior written consent, or in either book form, digital form or in any other way, publish collections of or processing of data from BASTA's Logbook Service without stating the source.
6.4. It is the responsibility of the User to ensure that BASTAonlines services are not used in violation of these General Terms and Conditions and that login information is stored in a secure manner. The user is solely responsible for all use of BASTA's Logbook service that takes place using the assigned login. The information may not be used in violation of applicable legislation, such as personal data legislation.
6.5. If the user suspects an error in BASTA's Logbook service, this must be reported immediately to BASTAonline.
7. INFORMATION TRANSFER AND PRIVACY
7.1. BASTAonline undertakes not to disclose to third parties information in BASTA's Logbook service that can be directly linked to the user. This obligation does not apply to such information that BASTAonline is obliged to make available pursuant to a provision in law or other regulations or through a decision by a public authority.
7.2. All information regarding the BASTA system, its structure, functions and any future changes or developments that BASTAonline has not made public itself, and that the user receives through these General Terms and Conditions and the use of BASTA's Logbook service, the user shall treat as strictly confidential and may not be disclosed to third parties or made public.
8. PERSONAL DATA
8.1. As part of the fulfillment of providing access to BASTA's Logbook service in accordance with these General Terms and Conditions, BASTAonline will process the personal data that contact persons appointed by the user and invited participants registered on BASTAonlines website. In accordance with the EU Regulation on Data Protection (EU 2016/679) (the "General Data Protection Regulation"), BASTAonline is the data controller for the processing of this personal data.
8.2. The User is responsible for informing the persons concerned that the registration on www.bastaonline.se means that BASTAonline will process their personal data. The persons shall also be encouraged to take part in information about the processing of their personal data that is available on www.bastaonline.se and be informed that contact information for BASTAonline can be found there.
9. FEES
9.1. For the right to register building- and construction products in BASTA's Logbook service in accordance with these General Terms and Conditions, the user must pay the annual fee applicable from time to time, which is payable per calendar year. Payment shall be made within thirty (30) days from the date of BASTAonlines invoice. BASTAonline has the right to change the annual fee and the cost of access to the Finfo database and Länktorget, which is announced on www.bastaonline.se.
10. TERM AND TERMINATION
10.1. These General Terms and Conditions apply from the time they are accepted by the User in connection with the registration of the User Account in accordance with chapter 2.1 above. When creating a logbook, the terms and conditions are initially valid for one (1) year. Thereafter, the contract period per logbook is extended by one (1) year at a time if the user does not terminate the logbook for the project before the start of the contract year. In this case, the fee must be paid in accordance with chapter 9.1 above.
10.2. In addition, BASTAonline has the right to terminate the User's access to the services (access to BASTA's Logbook service and [article database and documents in Länktorget] from Finfo provided by Logiq Sweden AB) that are covered by these General Terms and Conditions with immediate effect:
1) if the user materially neglects its obligations under these General Terms and Conditions, or according to BASTAonlines guides in accordance with chapter 2.4 above and has not taken corrective action within thirty (30) days from BASTAonlines written notice,
2) if the User is declared bankrupt, enters into liquidation or can otherwise be assumed to have become insolvent, or
3) if the conditions for the operation of BASTA's Logbook service or the BASTA system change significantly, including in the event that BASTAonlines right to sublicense the right for users to use [article database and documents in Länktorget] from Finfo provided by Logiq Sweden AB ceases, regardless of the reason therefor.
10.3. Early termination from BASTAonline in accordance with the above does not entail any refund obligation for BASTAonline of the fees paid.
10.4. Upon the termination of these General Terms and Conditions, the User's registered registrations of building and construction products will be closed, and it will no longer be possible for the User to log in to the Tool.
11. APPLICABLE LAW, LEGAL CONTENTION AND DISPUTES
11.1. These General Terms and Conditions are governed by Swedish law. Disputes arising out of or in connection with these Terms and Conditions shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
11.2. The seat of arbitration shall be Stockholm, Sweden. The language of the proceedings must be Swedish.
12. RESPONSIBILITY
12.1. In addition to what is stated in Chapters 3, 4 and 5 above, the following applies. BASTAonline disclaims any form of liability for damage or inconvenience that may arise as a result of any form of use of BASTA's Logbook service or the BASTA system, thus including but not limited to the use of the registry information alone or together with other information or due to the support provided by BASTAonline Under no circumstances is BASTAonline liable for indirect damages/losses or consequential damages.
12.2. The User is responsible for any type of damage caused to third parties by the use of BASTA's Logbook service or the BASTA system. If the user violates these General Terms and Conditions, the user shall indemnify BASTAonline with respect to any damage incurred. The user is solely responsible for the registrations that he/she makes in BASTA's Logbook service. BASTAonline does not make any checks on the information that the user registers in BASTA's Logbook service. The user is responsible for ensuring that the information registered in BASTA's Logbook service does not infringe another person's copyright or other rights. Furthermore, the user is responsible for ensuring that the information that he/she registers in BASTA's Logbook service does not contain anything that is illegal or violates good practice.
13. COMPETITION
13.1. The User undertakes not to, during the term of the agreement or for a period of three (3) years after its termination, either directly or indirectly engage in the development, manufacture, sale or rental of any service or product that, directly or indirectly, competes with or may come to compete with BASTA's Logbook service or the BASTA system.
14. ASSIGNMENT, AMENDMENTS AND ADDITIONS
14.1. A party may not, in whole or in part, assign or pledge its rights or obligations under this agreement without the other party's prior written approval. BASTAonline has the right to, with thirty (30) days' notice, change these General Terms and Conditions, which will be communicated to the user by e-mail or through information on www.bastaonline.se.
14.2. The User may transfer individual projects registered in BASTA's Logbook Service according to the terms and conditions stated in the instructions found in the tool at any given time.